§ 4-20.2. Welfare of cats.

(a)

The public health department shall use a welfare-based approach to encourage the voluntary prevention or mitigation of conditions that cause a source of offensive odors, source of vermin infestation, source of human or animal disease, or other public health and safety issues related to the keeping of cats on a premise.

(b)

A cat welfare check may be initiated by at least two (2) complainants from separate households filing a written complaint with the public health department animal control division on forms established by the department. The complaints must be supported by reasonable suspicion of conditions that pose unsafe, unsanitary or inhumane conditions, or conditions that are injurious to neighboring persons or property.

(c)

Upon filing of the complaints, an animal control officer shall make contact with the owner or responsible person to arrange a personal visit to conduct an initial welfare check. The animal control officer may be accompanied by a licensed veterinarian possessing a current license in good standing with the State of California.

(d)

Where the owner or responsible person voluntarily allows a welfare check to be conducted, such welfare check shall consist of the following:

(1)

The animal control officer shall verify the status of rabies vaccination certificates on all cats located on the premises.

(2)

The animal control officer shall assess the provision of sustenance, potable water, clean quarters, protection from weather, or whether through neglect or cruel treatment a situation has been allowed to exist or persist that would cause a cat-in-distress condition to occur or persist.

(i)

. "Cat-in-distress" is hereby defined as a cat with observable signs and symptoms including, but not limited to, lethargy, abnormal respiration rate, abnormal weight, diarrhea, secretions from eyes, nose and mouth, and presence of extoparasites.

(3)

Where the animal control officer is accompanied by a licensed veterinarian, an assessment of the medical condition of the cats will be conducted by the licensed veterinarian in order to determine whether medical care is necessary to any cat(s) exhibiting signs of severe illness.

(4)

Where any such conditions exist, the animal control officer shall encourage the voluntary mitigation of conditions by the owner or responsible person so that cats are no longer kept in unsafe, unsanitary or inhumane conditions, or in conditions that may cause economic or personal injury to neighboring persons or property.

(5)

Where the owner or responsible party does not remediate the conditions within ten (10) calendar days from the date the welfare check was conducted, the department may enforce the provisions of Butte County Code or any law relating to or affecting animals of the State of California, County of Butte, including Penal Code Section 597.

(e)

When upon receipt of written complaints, the owner or responsible person will not voluntarily allow access to conduct a welfare check, the complainants must sign a sworn affidavit, under penalty of perjury, that set forth the basis of their complaint.

(1)

If the public health department determines the complaints provide reasonable suspicion of conditions that pose a significant potential to cause harm to animals, persons, or property, the public health department may seek an administrative warrant through the Superior Court to allow access for purposes of conducting a welfare check.

(2)

The welfare check shall be conducted as set forth in section 4-20.2(d) above.

(3)

Where conditions pose unsafe, unsanitary or inhumane conditions, or are injurious to neighboring persons or property, the public health department shall, where practicable, first attempt to obtain voluntary remediation by the owner or responsible party.

(4)

Where the owner or responsible party does not remediate the conditions within ten (10) calendar days from the date the welfare check was conducted, the public health department may enforce the provisions of Butte County Code or any law relating to or affecting animals of the State of California, County of Butte, including Penal Code Section 597.

(Ord. No. 2020, § 2, 2-28-12)