Below is part of a letter sent to me by a friend named Gene who likes to look for unnecessary or unconstitutional laws and point them out so that we may challenge them. This one about dog licenses seems to be legit but it is also a bit of a pain to challenge. I think most people will just pay the $15.00 dollars rather than send letters the County Sheriff , Attorney General and Risk Management in their respective city. However, if you are so inclined and would rather use that money for the dog's rabies vaccination, here is how you go about it:
Believe it or not no dog owner needs a dog license in California and this law is found in of all places the Food and Agricultural Code. All codes can be found on the internet.
Here is the law:
Under the California Food and Agricultural Code Section 30951 collar and tag:
"It is unlawful for any person to own, harbor, or keep any dog over the age of four months, or to permit such a dog which is owned, harbored, or controlled by him to run at large, unless the dog has attached to its neck or leg a substantial collar which ONE OF THE FOLLOWING IS FASTENED:
a) A metallic tag which gives the name and post office address of the owner.
b) A metal license which is issued by the authority of a county, city and county, or any municipal corporation for the purpose of identifying the dog and designating the owner."
As you can clearly see if you pick Section 30951(a) and attach a metallic tag which gives the name and post office address of the owner you have fully complied with California State law.
Once the dog owner has complied with Section 30951(a) they are protected by F&A Code Section 30953 unlawful killing, injuring or impounding:
"Except as otherwise provided in this division, it unlawful for any person to kill, injure, or impound any dog, if the owner of the dog has complied with the provisions of this division."
The dog license has nothing to do with the rabies vaccination that is a different matter all together. The City might claim that Humboldt is an official rabies area and you must get a dog license; however, every county in California is "an official rabies area" and this fact does not nullify State law and the option to a dog license for every dog owner.
Willful withholding of a material fact, such as the option to a dog license is a crime under Title 18 Section 1001 of the U.S. Criminal Code.
If you have any questions let me know. Here is what I have discovered: every time you claim a right the public servant will say no you don't and then threaten to harm you in some way, by fine or whatever. You must send the public servants certified letters and send copies to the County Sheriff, the Attorney General and the Risk Management in Eureka. Every public servant is bonded under Joint Power Authority as long as they do not violate the peoples rights. When they violate rights they are on their own as far as liability goes.
Until next time