Dog Bite Resource Center
Kern County Dog Bite Laws
7.08.080 Reports of animal bites.
The owner of any animal that bites any person, and any person who treats any person for an animal bite, shall report the circumstances of the animal bite incident to the director who in his or her discretion shall place the animal under regulation or quarantine in a humane manner for such time as may be required or permitted by state law. The regulation or quarantine may be conducted at the home of the owner of the animal or at such other place as may be designated by the director and the animal shall be kept securely confined while under observation. Dogs or cats that have bitten any person and are not vaccinated for rabies may be quarantined at the county animal shelter and the owner shall be liable for the board and care fees. (Ord. G-6942 § 5 (part), 2002)
7.08.150 Dogs at large prohibited--Confinement.
- It is unlawful for the owner of any dog to allow it to be on the private property of another person or on public property without the consent of the person owning, occupying or controlling the property. Animals on the property of another person with the consent of the person in charge of the property shall be under such restraint as is necessary to protect persons and other animals from injury and to protect the property from damage. In particular, dogs shall be restrained by a leash and under the immediate control of the handler or confined within an enclosed pen when on public property, unless the officer in charge of the property has consented to the owner exercising another form of restraint.
- Any person who at any time finds any animal at large in violation of any of the provisions of this section may take up, confine and hold the animal, provided that such person shall within twenty-four (24) hours thereafter notify the director of the fact that he has the animal in his possession and shall surrender possession of the animal to the director upon demand when deemed by the director to be in the animal's best interest and in accordance with the law. If the animal is taken up at a time when an animal shelter is not open for business, the person confining it shall within twenty-four (24) hours after the shelter reopens, notify the director. (Ord. G-6942 § 5 (part), 2002)
7.08.270 Dangerous animals.
The director may declare an animal to be dangerous if he has evidence to believe that it poses a potential hazard to the health and safety of humans, other animals or property. In determining whether or not an animal is dangerous, the director shall be guided by, but not limited to, the following criteria:
- Whether the animal has bitten any person or other animal, damaged property, or has attempted or threatened to do so;
- Circumstances indicating the temper or ferocity of the animal; and
- Its general menace to the public;
- In addition to other circumstances that the director may consider, an animal shall not be declared dangerous under the following conditions:
- No dog may be declared dangerous if any injury or damage is sustained by a person who, at the time the injury or damage was sustained, was committing a willful trespass or other tort upon premises occupied by the owner or keeper of the dog, or was teasing, tormenting, abusing or assaulting the dog, or was committing or attempting to commit a crime. No dog may be declared dangerous if the dog was protecting or defending a person within the immediate vicinity of the dog from an unjustified attack or assault. No dog may be declared dangerous if an injury or damage was sustained by a domestic animal which at the time the injury or damage was sustained was teasing, tormenting, abusing, or assaulting the dog.
- No dog may be declared dangerous if the injury or damage to a domestic animal was sustained while the dog was working as a hunting dog, herding dog, predator control dog or ranch dog on the property of, or under the control of, its owner or keeper, and the damage or injury was to a species or type of domestic animal appropriate to the work of the dog. (Ord. G-6942 § 5 (part), 2002)
7.08.290 Violation of order on dangerous animal.
Any violation by the owner of a dangerous animal of an order of the director pertaining to that animal constitutes a misdemeanor punishable as provided in Section 1.12.030 of this code. (Ord. G-6942 § 5 (part), 2002)
HOLDING WRONGDOERS ACCOUNTABLE FOR THE DAMAGES THEY CAUSE SINCE 1978
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