Department of Public Health v. Board of Supervisors

The Department of Health of the State of California seeks a writ of mandate to compel respondents, boards of supervisors and city councils, to enact ordinances to provide for the maintenance of a pound system and rabies control program for dogs as provided for in section 3920 of the Health and Safety Code.

By section 1901.2 of the Health and Safety Code (all code section citations hereinafter will refer to the Health and Safety Code unless otherwise stated) the director of the Department of Public Health may declare an area a rabies area “where the existence of rabies constitutes a public health hazard, as found and declared by the director, after consultation with, and the approval of, the regional advisory committee,” which shall consist of nine persons and shall include a health officer, a representative of the medical profession, a veterinarian, the mayor of the city having the largest population in the area, the chairman of the board of supervisors of the county having the largest population in the area, and such representatives of the livestock industry, civic, dog owning, and humane groups as may be appointed by the director. Once a rabies area has been declared the…