808 - Animal Control

808.1 PURPOSE AND SCOPE

The purpose of this policy is to establish guidelines for interacting with animals and responding to calls for service that involve animals.

808.2 ANIMAL CONTROL RESPONSIBILITIES

Animal control services are generally the primary responsibility of Animal Control and include:

• Animal-related matters during periods when Animal Control is available.
• Ongoing or persistent animal nuisance complaints. Such complaints may be scheduled, if reasonable, for handling during periods that Animal Control is available for investigation and resolution.
• Follow-up on animal-related calls, such as locating owners of injured animals.

808.3 MEMBER RESPONSIBILITIES

Members who respond to or assist with animal-related calls for service should evaluate the situation to determine the appropriate actions to control the situation.

Due to the hazards of handling animals without proper training and equipment, responding members generally should not attempt to capture or pick up any animal, but should keep the animal under observation until the arrival of appropriate assistance.

Members may consider acting before the arrival of such assistance when:

• There is a threat to public safety.
• An animal has bitten someone. Members should take measures to confine the animal and prevent further injury.
• An animal is creating a traffic hazard.
• An animal is seriously injured.
• The owner/handler of an animal has been arrested or is incapacitated. In such circumstances, the member should find appropriate placement for the animal.

1. This is only necessary when the arrestee is expected to be in custody for a time period longer than would reasonably allow him/her to properly care for the animal.
2. With the owner’s consent, locating appropriate placement may require contacting relatives or neighbors to care for the animal.
3. If no person can be found or the owner does not or cannot give consent, the animal should be taken to a designated animal care facility.

Injured Animals

808.4 INJURED ANIMALS

When a member becomes aware of an injured domesticated animal, all reasonable attempts should be made to contact an owner or responsible handler. If an owner or responsible handler cannot be located, the animal should be taken to a veterinarian and notice shall be given to the owner pursuant to the requirements of Penal Code § 597.1.

808.4.1 VETERINARY CARE

The injured animal should be taken to a veterinarian as follows:

• During normal business hours, the animal should be taken to an authorized veterinary care clinic.
• If after normal business hours, the animal should be taken to the authorized Veterinary Emergency and Critical Care Services Clinic.
• An exception to the above exists when the animal is an immediate danger to the community or the owner of the animal is identified and takes responsibility for the injured animal.

Each incident shall be documented and, at minimum, include the name of the reporting party and veterinary hospital and/or person to whom the animal is released.

If Animal Control is not available, the information will be forwarded for follow-up.

808.4.2 INJURED WILDLIFE

Injured wildlife should be referred to the Department of Fish and Wildlife or the Marine Mammal Center as applicable.

808.4.3 RESCUE OF ANIMALS IN VEHICLES

If an animal left unattended in a vehicle appears to be in distress, members may enter the vehicle for the purpose of rescuing the animal. Members should (Penal Code § 597.7(d)):

• Make a reasonable effort to locate the owner before entering the vehicle.
• Take steps to minimize damage to the vehicle.
• Refrain from searching the vehicle or seizing items except as otherwise permitted by law.
• Leave notice on or in the vehicle identifying the location where the animal has been taken and the name and Office of the member involved in the rescue.
• Make reasonable efforts to contact the owner or secure the vehicle before leaving the scene.
• Take the animal to an animal care facility, a place of safekeeping or, if necessary, a veterinary hospital for treatment.

Animal Cruelty

808.5 ANIMAL CRUELTY COMPLAINTS

Laws relating to the cruelty to animals should be enforced, including but not limited to Penal Code 597 et seq. (cruelty to animals, failure to care for animals)

• An investigation should be conducted on all reports of animal cruelty.
• Legal steps should be taken to protect an animal that is in need of immediate care or protection from acts of cruelty.

Animal Bites

808.6 ANIMAL BITE REPORTS

Members investigating an animal bite should obtain as much information as possible for follow-up with the appropriate health or animal authorities. Efforts should be made to capture or otherwise have the animal placed under control. Members should attempt to identify and notify the owner of the final disposition of the animal.

808.7 PROCEDURE FOR ANIMAL BITE CALLS (REFERENCE TITLE 17, 2606, C.C.R.)

• If an animal bite is reported when the Animal Control personnel are off duty or unavailable to respond, the investigation will be assigned to a deputy.
• The deputy will fill out an animal bite investigation form, both top and bottom sections (refer to attachment "A").
• After contacting the person bitten, the officer will attempt to find the animal responsible for the bite and identify the owner. The dog or cat involved in the bite must be quarantined for a period of ten days, fourteen days for other animals, regardless of proof of current vaccination.
• Once a bite report has been processed and the Animal Control Officer has confirmed a bite/scratch did occur; the officer will have the animal placed in quarantine. Biting animals placed in quarantine shall be isolated in strict confinement for at least 14 days (dogs and cats 10 days) after the day of infliction of the bite. Exception: Dogs and cats which have been isolated in strict confinement under proper care and observation of a licensed veterinarian, may be released from isolation after five days of veterinary observation if upon conducting a thorough physical examination on the fifth day or more after infliction of the bite, the observing veterinarian certifies that there are no clinical signs or symptoms of any disease.
• Biting animals must be quarantined in a secure area where the animal cannot come into contact with the public or other animals. The animal may be quarantined at the shelter, at home, or in some other suitable facility. This decision is to be made by the officer in the field.
• Quarantine areas MUST be enclosed areas where the animal can be kept and the animal is not to be removed for any reason during the quarantine period. Animals are not to be quarantined on a chain in an unenclosed lot, for example, where they are available to the public. An apartment, condominium, motel or mobile home is also unacceptable unless there is an enclosure or patio area to confine the animal and allow for excretion. It is acceptable for the owner to find adequate facilities for the quarantine. The deputy or animal control officer must approve the place of quarantine. The officer must evaluate the circumstance of the bite, prior bite history, prior complaint history, sincerity and attitude of the animal owner, the type of enclosure, and any other facts available before making a decision.
• The owner must sign the bottom of the Animal Bite Investigation form saying they will comply with the ten day quarantine regulations. The owner must be made aware that if the animal is seen loose during the quarantine period that they are subject to a citation and their animal could be taken and quarantined at the animal shelter for the remainder of the quarantine period and that they will be responsible for the impound fees.
• If the determination is made that the owner is unable to properly quarantine the animal, the on duty watch commander should be notified, and an animal control officer should be called out to take custody of and transport the animal to the animal shelter.
• When an animal is placed in quarantine, the owner, veterinarian or kennel operator is to be instructed that if the animal dies, becomes sick or lost, it is to be reported to animal control immediately.
• Inform the pet owner that only an animal control officer may release the animal from quarantine. This means that quarantine continues until an officer is able to observe the animal or a veterinarian examines it.

Quarantine

808.7.1 REQUIREMENTS FOR QUARANTINE

• Home Quarantine:

1. Backyard - (Dog only) the yard must be adequately fenced and must have a gate which can be locked. The fence must be of a type and quality that the public may not touch the dog.
2. Garage - (Dog or cat) all doors must be locked, and, in the case of a small dog or cat, all holes or vents must be securely covered.
3. House - (Dog or cat) Animal to have contact only with immediate family. The animal must be confined to a garage, closed room, closed yard or patio when visitors are present.
4. Apartment or Condominium - (Dog or cat) If the apartment or condominium has a private, enclosed patio area the officer may agree to a home quarantine. The animal is to have contact only with the immediate family. When visitors are present the animal is to be confined to a closed room, garage or to the patio area.

• Veterinary Hospital - The owner may choose to quarantine the animal at his or her own veterinarian's facility. The owner may transport the animal and the officer must be advised of the veterinary facility chosen, as well as the date and time the animal will be transported. THE OFFICER IS NOT TO RECOMMEND ANY PARTICULAR VETERINARIAN. When quarantine is to be at a veterinary facility the quarantine time is five (5) days.

Quarantine should not extend beyond five (5) days from the date of bite.

• Private Kennel/Cattery - An owner may choose to quarantine his/her animal at an approved private kennel or cattery of his/her choice. The owner will be required to transport the animal and the officer must be advised of the facility chosen as well as the date and time the animal will be transported.

808.7.2 RELEASE FROM QUARANTINE

• No Illness - After ten days an Animal Control Officer assigned to follow up the bite must contact the owner and animal to ensure the animal is not showing any signs of illness and that the owner complied with the quarantine. The victim will be contacted and advised of the outcome of the investigation. The Animal Control Officer will write a supplemental report documenting the new information.
• Rabies Confirmed or Suspected

1. If the animal shows signs of illness, or has disappeared; notify the on duty Watch Commander immediately. This is considered to be an emergency situation. The victim is to be notified as quickly as possible.
2. The victim is to be advised of the situation and referred to his/her physician for treatment. The victim should also be given the telephone number of the County Health Department for answers to any questions.

808.8 POLICY

It is the policy of the Hartwell County Sheriff’s Department to be responsive to the needs of the community regarding animal-related issues. This includes enforcing local, state and federal laws relating to animals and appropriately resolving or referring animal-related problems, as outlined in this policy.

Stray Dogs

808.10 STRAY DOGS

If a stray dog has a license or can otherwise be identified, the owner should be contacted, if possible. If the owner is contacted, the dog should be released to the owner and a citation may be issued, if appropriate. If a dog is taken into custody, it shall be transported to the Sheriff’s Department Animal Shelter. Impound procedures shall be followed as outlined in shelter policy.

Members shall provide reasonable treatment to animals in their care (e.g., food, water, shelter).

Dangerous Animals

808.11 DANGEROUS ANIMALS

In the event responding members cannot fulfill a request for service because an animal is difficult or dangerous to handle, the Administrative Bureau will be contacted to determine available resources, including requesting the assistance of animal control services from an allied agency.

808.12 PUBLIC NUISANCE CALLS RELATING TO ANIMALS

Members should diligently address calls related to nuisance animals (e.g., barking dogs), as such calls may involve significant quality-of-life issues.

Destruction of Animals

808.13 DESTRUCTION OF ANIMALS

When it is necessary to use a firearm to euthanize a badly injured animal or stop an animal that poses an imminent threat to human safety, the Firearms Policy shall be followed. A badly injured animal shall only be euthanized with the approval of a supervisor.

Public Administrator DUTIES AND FUNCTION OF THE PUBLIC ADMINISTRATOR 809.1 REFERENCE:

Gov Code Sections 27440 et seq, Health and Safety Code Sections 7100 et seq, Probate Code Sections 7600 et seq.

POLICY:

The Sheriff-Coroner Public Administrator's Office is responsible for the administration and management of decedent's estates.

DEFINITIONS:

Executor – An executor is the person named in a decedent's Will to handle the administration of the estate. The executor must be at least 18 years of age, and a decedent may name more than one person to act as co-executors. If appointed, the executor receives Letters Testamentary from the court.

Administrator – When a decedent leaves no Will, the court appoints someone to handle the administration of the estate. This person is called an Administrator. The administrator's duties and responsibilities are virtually identical to those of an executor. If appointed, the administrator receives Letters of Administration, as General Administrator from the court. Administrator With Will Annexed – This appointment is granted from court when a testator's Will does not name an executor or when the executor named is incompetent to act, is deceased, or refuses to act. If appointed, the administrator receives Letters of Administration as General Administrator.

Special Administrator – An administrator whose authority to administer the decedent's effects is typically limited by time or to those matters specified by the court, as opposed to administering the whole estate. The appointment is usually made to preserve the estate pending appointment of an executor or general administrator, where, for example, there may be a Will contest, or where assets of the estate are subject to immediate loss. If appointed, the administrator receives Letters of Special Administration.

Successor Administrator – An administrator appointed after the original executor or administrator is removed by the probate court, because of either incapacity, death or malfeasance. If appointed, the administrator receives Letters of Successor Administration (perhaps with Will annexed, if a Will exists).

FUNCTION:

The Public Administrator protects and administers the estates of people who pass away without a Will, known as "intestate", or when no one with a higher priority to act is willing or able to act as administrator. The Public Administrator serves in a fiduciary capacity and must diligently safeguard the decedent's property from waste, loss, theft, or misappropriation. The authorities and responsibilities of the Public Administrator are set forth primarily in the California Probate Code with certain functions identified in various California Code statutes.

All fees received for services provided by the Public Administrator are paid to the County of Hartwell. The Public Administrator will maintain an office staff experienced in the investigation and administration of estates of deceased persons. Most actions in estate matters are subject to the supervision of the Superior Court, and all records are subject to periodic audits by State and County authorities.

In accordance with California Probate Code Section 7601, the Public Administrator must take immediate charge of the property of all persons who have died within Hartwell County when no executor or administrator has been identified, and in consequence thereof, the property or any part thereof, is being wasted, uncared for, or lost; and of all estates ordered into his hands by the court. Public Administrators office is not liable for property not in their possession, or if beyond their ability to possess or control as per Probate Code section 7601(b).

Estates of decedents who have no Will, no known heirs or heirs unwilling or unable to act, and/or where no executor named in a Will is willing to act or able to qualify, the Public Administrator may take possession or control of an estate in a manner provided by the Probate Code.

Pursuant to Probate Code Section 7603 and 7660, the Public Administrator may assert the authority to act on behalf of the estate as the personal representative by issuing a written certification of Authority for Summary Administration if the total value of the decedent's estate is fifty thousand dollars ($50,000) or less. The certification is valid for 30 days after the date of issuance. In estates valued at $50.001 to $150,000 the Public Administrator will file an Ex Parte Petition with the court to administer the estate summarily under Probate Code 7660(a)(1), and do so once said order is received by the court. Estates valued over $150,000, the Public Administrator will petition for full probate of the estate.

Upon appointment by the court as administrator of an estate, the duties of the Public Administrator are similar to those of other administrators. Principal duties are to collect, manage and account for the estate property; to pay funeral and last illness expenses, taxes and all other debts as far as the estate is able; and to sell property, both real and personal, with or without court supervision where appropriate.