4-07-2000 - Jurisdiction

The Animal Services Manager shall supervise the Animal Shelter and all Animal Services Personnel.           


A. Responsibility - The Animal Services Manager is responsible for the regulation and the enforcement of this chapter and all other laws dealing with Animals existing within the unincorporated territory of the County and those incorporated areas thereof which may contract with the County for such services. The duties of the Animal Services Manager shall include, but not be limited to, the following:

  1. To administer the Animal Shelter and keep such records as may be required;       

  2. To take up and Impound Animals which are in violation of this chapter;       

  3. To quarantine Animals and to cooperate with the County Health Officer;    

  4. To administer licensing programs as provided for in this chapter and in compliance with State and Federal laws; and         

  5. To abate Animal Nuisances.


B.  Rules and Regulations - The Animal Services Manager may formulate rules and regulations in conformity with, and for the purpose of carrying out the intent of, this chapter.  Such rules and regulations will be approved by the Tulare County Board of Supervisors by resolution. Compliance with such rules and regulations shall be prerequisite to the issuance and continued validity of any license provided herein. Documents that one must submit in order to comply with this code will be readily available at Animal Services and/or the Tulare County Health and Human Services Agency.


C.  Animal Control Officers - An individual(s) qualified pursuant to section 830.9 of the Penal Code shall enforce the provisions of this Chapter, including:

  1. Take up and Impound all Animals found to be in violation of the provisions of this Chapter;

  2. Provide all Impounded Animals with sufficient shelter, food and water;

  3. Keep such records as may be required by the Board of Supervisors or any other authority;

  4. Carry out the provisions of this Chapter and all applicable statutes of the State.


D. Animal Control Officers shall have the power to issue citations pursuant to section 1-21-1005 of Chapter 21 of Part 1 of the Tulare County Ordinance Code.


E. Authority to Pursue on Foot - In the performance of his or her duties, the Animal Services Manager and each Animal Control Officer shall have the authority, when in pursuit of an Animal, which is in violation of a provision of this code, to go upon the outdoor property of the Owner or a third person for the purpose of Impounding the Animal; provided, that in the course of such pursuit he or she shall exercise reasonable care to avoid causing damage to the property.


F.  Authority to Use Specialized Equipment - Upon satisfactory completion of a Peace Officer Standards and Training Course pursuant to Penal Code section 832, in the performance of his or her duties, the Animal Services Manager and Animal Control Officer(s) shall have the authority to employ the use of specialized equipment, as defined in these ordinances and California Penal Code Section 830.9, and all other Animal control devices commonly used by other Animal control agencies located within the state of California.  The Animal Services Manager may authorize trained and certified Animal Services Personnel to use specialized self-protection equipment such as an expanding baton or other non-lethal device or chemical agent to prevent personal injury while on duty.         


G.  Authority to Humanely Euthanize      

  1. In accordance with California Penal Code section 597.1(e), Food and Agricultural Code section 31152, and any other applicable law, the Animal Services Manager or Animal Control Officer shall have the authority, if the Animal is irremediably ill, wounded or suffering, to direct the humane euthanasia of an Animal in the field.

  2. In such cases of humane euthanasia, reasonable efforts will be made to notify the Owner or Custodian of the Animal, if one exists. 


H. Obstruction - Any person who prevents, resists, threatens, or obstructs an attempt by the Animal Services Manager or Animal Control Officer to perform his or her lawful duties pursuant to this chapter or any Person who conceals any Animal subject to inspection or Impoundment or any Owner who fails to relinquish upon lawful demand any Animal to be Impounded shall be guilty of a misdemeanor.         


I.    Misrepresentation - No person shall willfully make a false or misleading statement or representation to the Animal Services Manager or Animal Control Officer acting in his or her official capacity regarding the Ownership or right to custody or control of an Animal for which a license is required, or regarding the Ownership of an Animal redeemed from, relinquished to, Impounded by, or taken up by the Animal Services Manager or Animal Control Officer pursuant to this chapter.  Any Person who makes such a false or misleading statement shall be guilty of a misdemeanor.


K.  Abuse of Services - The Animal Services Manager is authorized to charge and collect a fee, as laid out in the Tulare County fee schedule, from any Person, including the Animal’s Owner or Custodian, who calls Animal Services to his or her residence requesting emergency assistance more than twice in a six month period when no action is taken by the Animal Control Officer upon their arrival.


L.  Relief from Fees - Upon the recommendation of the Animal Services Manager to the Director and with the approval of the Board by resolution, the fees provided for by this chapter may be waived when Animals have been Impounded because of civic disorganization, disruption, or other conditions of civil emergency, or because of devastation due to fire, flood, earthquake, storm or other natural calamity.