HomeMy WebLinkAbout2005-10-26 e-packet
AGE
DA
REDEVELOPMENT AGENCY
CITY OF SOUTH SAN FRANCISCO
REGULAR MEETING
MUNICIPAL SERVICE BUILDING
COMMUNITY ROOM
WEDNESDAY, OCTOBER 26, 2005
7:00 P.M.
PEOPLE OF SOUTH SAN FRANCISCO
You are invited to offer your suggestions. In order that you n1ay lmow our method of conducting Agency
business, we proceed as follows:
The regular n1eetings of the Redevelopment Agency are held on the second and fourth Wednesday of
each n10nth at 7:00 p.n1. in the Municipal Services Building, Conu11uni1y Room, 33 Arroyo Drive, South
San Francisco, California.
Public C0l11111ent: For those wishing to address the Board on any Agenda or non-Agendized iten1, please
con1plete a Speaker Card located at the entrance to the Conu11uni1y ROOln and subn1it it to the Clerk.
Please be sure to indicate the Agenda Iten1 # you wish to address or the topic of your public conunent.
Califo111ia law prevents Redevelopment Agency from taking action on any iten1 not on the Agenda
(except in en1ergency circun1stances). Your question or probleln may be referred to staff for investigation
and/or action where appropriate or the matter n1ay be placed on a future Agenda for n10re comprehensive
action or a report. When your nmne is called, please COlne to the podiun1, state your nmne and address for
the Minutes. COMMENTS ARE LIMITED TO THREE (3) MINUTES PER SPEAKER. Thank you for
your cooperation.
The Clerk will read successively the itelns of business appearing on the Agenda. As she cOlnpletes
reading an iteln, it will be ready for Board action.
RAYMOND L. GREEN
Chair
JOSEPH A. FERNEKES
Vice Chair
RICHARD A. GARBA..1UNO, SR.
Boardmelnber
PEDRO GONZALEZ
B o ardn1en1ber
KARYL MATSUMOTO
Boardlnen1ber
RICHARD BATTAGLIA
InvestInent Officer
SYLVIAM. PAYNE
Clerk
BARRY M. NAGEL
Executive Director
STEVEN T. MATTAS
Counsel
PLEASE SILENCE CELL PHONES AND PAGERS
HEARING ASSISTANCE EQUIPMENT IS AVAILABLE FOR USE BY THE HEARING-IMPAIRED AT REDEVELOPMENT AGENCY MEETINGS
CALL TO ORDER
ROLL CALL
AGENDA REVIEW
PUBLIC COMMENTS
CONSENT CALENDAR
1. Motion to approve the Ininutes of October 12, 2005
2. Motion to confinn expense clainls of October 26, 2005
3. Resolution authorizing agreenlent with ROMA Design to prepare Inaster plan concepts
for the Oyster Point Marina area
ADJOURNMENT
REGULAR REDEVELOPMENT AGENCY MEETING
AGENDA
OCTOBER 26, 2005
PAGE 2
Redevelopmen Agen
Staff eport
RDA AGENDA ITEM #3
DATE:
TO:
FROM:
SUBJECT:
October 26, 2005
Redevelopment Agency Board
Marty VanDuyn, Assistant Executive Director
AUTHORIZATION TO EXECUTE CONTRACT FOR PREPARATION OF
MASTER PLAN CONCEPTS FOR THE OYSTER POINT MARINA AREA
RECOMMENDATION
Staff recommends that the Redevelopment Agency adopt the attached resolution authorizing
the Executive Director to execute a contract with ROMA to prepare Master Plan Concepts for
the Oyster Point Marina Area. .
BACKGROUND/DISCUSSION
Staff has been requested to explore alternative development concepts for the 54-acre Oyster Point
Marina area. To assist with this effort a proposal was sought from ROMA Design Group to work
with the City to develop master plan concepts for the area. ROMA has been instrumental in several
very successful waterfront projects in San Francisco, including the Northeastern Waterfront
Redeveloplnent Project (Rincon Point & South Beach) and the Downtown Waterfront project (Ferry
Building & Embarcadero Promenade).
As indicated in the attached work scope, the consultant would prepare three alternative concepts for
the area, including an open space intensive alternative focused on passive and water-oriented
recreation, an intensive development option emphasizing visitor related uses and a third option,
potentially integrating the two. Following on this work, the consultant would work with staff and
City decision makers to develop a preferred alternative.
The cost of preparing the Master Plan Concepts Plan is approximately sixty thousand dollars
($60,000.00). It is anticipated that ROMA will take approximately three to four months to produce
the alternatives for City Council review.
FUNDING
Funding for the contract is currently available in the Redevelopment Agency operating budget.
Staff Report
Subject: ROMA Contract -Oyster Pt. Marina
Page 2
CONCLUSION
Staff recommends that the Redevelopment Agency board adopt the attached resolution
authorizing the Executive Director to execute a contract with ROMA in the amount of
$60,000.00 to prepare master plan concepts for the Oyster Point Marina area.
By:
Marty Van Duyn
Assistant Executive
Approved:
d--J. /' Barry M. Nagel
V" "( Executive Director
--
Attachment: Resolution
Scope of Work
RESOLUTION NO.
REDEVELOPMENT AGENCY, CITY OF SOUTH SAN FRANCISCO,
STATE OF CALIFORNIA
A RESOLUTION AUTHORIZING A CONTRACT WITH ROMA TO PREPARE
MASTER PLAN CONCEPTS FOR THE OYSTER POINT MARINA AREA
WHEREAS, staff recommends approval of a contract with ROMA to prepare master plan
concepts for the 54-acre Oyster Point Marina area; and
WHEREAS, funding for the $60,000.00 contract cost is available in the Redevelopment Agency
operating budget.
NOW, THEREFORE, BE IT RESOLVED that the Redevelopment Agency hereby authorizes the
Executive Director of the Redevelopment Agency to execute the contract on behalf of the City of South
San Francisco.
BE IT FURTHER RESOLVED that the Resolution shall become effective immediately upon its
passage and adoption.
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I hereby certify that the foregoing Resolution was adopted by the South San Francisco Redevelopment
Agency at a regular Ineeting held on the day 2005 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
City Clerk
OYSTER POINT MARINA
MASTER PLAN CONCEPTS
Scope of Work
September 27, 2005
The City of South San Francisco wishes to explore alternative concepts for the 54-acre
Oyster Point Marina area in the easternmost part of the city. The purpose of this effort will
be to gain a better understanding of issues and opportunities related to new development
and/or open space enhancements that could improve this valuable public resource. ROMA
Design Group will assist the City in developing up to three alternative visions for the
property, presenting these to the City Council for their direction and input, and in
coordinating an evaluation and refinement of a preferred option. The work will be
undertaken in three phases:
.
Phase One: Alternative Concepts
Phase Two: Evaluation of Concepts
Phase Three: Refinement of Preferred Concept
..
I!I
The following scope of work focuses on the first phase effort of preparing alternative
concepts, and culminates in a work session with the City Council to discuss the options
and next steps.
Task 1: Review of Existing Information/Preparation of Base Map: ROMA will review
relevant information, provided by the City, including documents or maps related to:
existing regulations, geotechnical conditions, hazardous materials, soil contamination,
leaseholds with expiration dates, property and/or utility easements, etc.
Task 2: Work Session with Staff to Review Existing Conditions/Brainstorm Options:
ROMA will meet with City staff to discuss existing conditions, issues and opportunities,
and to brainstorm potential options for improvements at Oyster Point.
Task 3: Interviews with Key Stakeholders: ROMA will meet with key stakeholders in the
area to discuss opportunities and key issues of concern. A total of four such interviews are
assumed, including representatives of the Harbor District, current and/or prospective
I essees and marina operators.
Task 4: Preparation of Alternative Concepts: ROMA will prepare up to three alternative
concepts for the marina area, that describe a full range of approaches. Options will
include:
A
III
An open space intensive vision that emphasizes passive and water-oriented
recreation;
A development activity intensive option that emphasizes visitor related uses
including hotel/conferencing and commercial-recreation; and
A third option, which may be a balance of the two.
.
III
All three of the options will incorporate and integrate the planned ferry terminal facility,
which ROMA is designing under separate contract with the Water Transit Authority.
Task 5: City Council Work Session: ROMA will assist staff in presenting the alternative
visions to the City Council 'at a work session, the goal of which will be to receive direction
on a preferred strategy.
Next Steps: Following the Council presentation, ROMA will work with staff and other
technical consultants to evaluate alternatives that the Council deems are worthy of more
scrutiny, and to refine the plan into a preferred option.
Budget: The budget for the work will not exceed $60,000. ROMA will bill on a percent
complete basis.
Schedule: The first phase work will be undertaken over a period of three to four months,
commencing in late October 2005, and culminating in January of 2006.
Personnel: Boris Dramov will be the design principal for the project; Jim Adams will be
the managing principal.
Oyster Point Marina - Master Plan Concepts
Scope of Work
Page 2
Septel17.ber 27, 2005
SPECIAL MEETING
CITY COUNCIL
OF THE
CITY OF SOUTH SAN FRANCISCO
P.O. Box 711 (City Hall, 400 Grand Avenue)
South San Francisco, Califonlia 94083
Meeting to be held at:
MUNICIPAL SERVICES BlJILDINC;
CITY COUNCIL COMMUNITY ROOM
33 ARROYO DRIVE
WEDNESDAY, OCTOBER 26, 2005
7:01 P.M.
NOTICE IS HEREBY GIVEN, pursuant to Section 54956 of the Govenunent Code of the
State of California, the City Council of the City of South San Francisco will hold a Special Meeting
on Wednesday, the 26th day of October, 2005, at 7:01 p.nI., in the Municipal Services Building,
Conlnlunity Roonl, 33 Arroyo Drive, South San Francisco, Califonlia.
Purpose of the nIeeting:
1. Call to Order
2. Roll Call
3. Public Con111lents - comments are limited to items on the Special Meeting
Agenda
4. Closed Session: Pursuant to Govenullent Code section 54956.9(a),
conference with legal counsel- existing litigation: Poletti & Costaglio v.
City of South San Francisco and City of South San Francisco v. Ned
Pepper, Inc.
5. Adjoun11nent
Isl Sylvia M. Payne
City Clerk
AGENDA
CITY COUNCIL
CITY OF SOUTH SAN FRANCISCO
REGULAR MEETING
MUNICIPAL SERVICE BUILDING
COMMUNITY ROOM
WEDNESDAY, OCTOBER 26, 2005
7:30 P.M.
PEOPLE OF SOUTH SAN FRANCISCO
You are invited to offer your suggestions. In order that you n1ay know our n1ethod of conducting
Council business, we proceed as follows:
The regular n1eetings of the City Council are held on the second and fourth Wednesday of each n10nth at
7:30 p.n1. in the Municipal Services Building, COmn11111ity Roon1, 33 Arroyo Drive, South San
Francisco, California.
Public COlnment: For those wishing to address the City Council on any Agenda or non-Agendized iten1,
please complete a Speaker Card located at the entI-ance to the Council Chan1ber's and submit it to the
City Clerk. Please be sure to indicate the Agenda Iten1 # you wish to address or the topic of your public
conunent. California law prevents the City Council fron1 taking action on any item not on the Agenda
(except in en1ergency circmnstances). Your question or problen1 may be refened to staff for
investigation and/or action where appropriate or the n1atter n1ay be placed on a future Agenda for n10re
con1prehensive action or a report. When your nan1e is called, please come to the podimn, state your
name and address (optional) for the Minutes. COMMENTS ARE LIMITED TO THREE (3) MINUTES
PER SPEAKER. Thank you for your cooperation.
The City Clerk will read successively the items of business appearing on the Agenda. As she completes
reading an item, it will be ready for Council action.
RAYMOND L. GREEN
Mayor
JOSEPH P~. FERNEKES
Mayor Pro TelTI
RICHARD j..". GARBARINO, SR.
Councilnlan
PEDRO GONZALEZ
Councihnan
KARYL MATSUMOTO
Councilwolnan
RICHARD BATTAGLIA
City Treasurer
SYLVIA M. PAYNE
City Clerk
BARRY M. NAGEL
Ci ty Manager
STEVEN T. MATTAS
City Attorney
PLEASE SILENCE CELL PHONES AND PAGERS
HEARING ASSISTANCE EQUIPMENT A V AILABLE FOR USE BY THE HEARING IMPAIRED AT CITY COUNCIL MEETINGS
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE
INVOCATION
PRESENTATIONS
. Gulf Coast Rescue Operation, Recognition of Firefighters Battalion Chief TOln Azzopardi
. Halloween Safety Fire Chief Phil White and Police Chief Mark Raffaelli
. Halloween Extravaganza, Saturday, October 29, 2005 - Recreation & ConI1nunity Service
Supervisor Elaine Porter
. Update on North Peninsula Neighborhood Services Center, Inc. - Ms. I(arla Molina,
Executive Director
AGENDA REVIEW
PUBLIC COMMENTS
ITEMS FROM COUNCIL
. Announcenlents
. Comlnittee Reports
. Re- App0 intnIent of Mr. RaynIond Honan to San Mateo County Mosquito Abatelnent
District, term ending DeceInber 31, 2009
CONSENT CALENDAR
1. Motion to approve the nIinutes of October 5 and 12, 2005
2. Motion to confinn expense clailns of October 26, 2005
3. Resolution authorizing an mnendlnent to 2005/2006 CapitallInprovenlent Program
(CIP) budget and approving the funding for Sewer Line Rehabilitation Project and
awarding contract to Pacific Liners in an mnount not to exceed $65,000
4. Resolution awarding contract to G. Bortolotto and Co., Inc. for North Canal Street
Resurfacing Project in the anIount of $279,475.39
LEGISLATIVE BUSINESS
5. Waive reading and introduce an ordinance mnending SSFMC Chapter 9.04, Animal
Licensing and Control
COUNCIL COMMUNITY FORUM
ADJOURNMENT
REGULAR CITY COUNCIL MEETING
AGENDA
OCTOBER 26, 2005
PAGE 2
taff
p
AGENDA ITEM #3
DATE: October 26, 2005
TO: The Honorable Mayor and City Council
FROM: Terry White, Director of Public Works
SUBJECT: APPROVE FUNDING FOR THE SEWER LINE REHABILITATION PROJECT,
A WARD CONTRACT AND AMEND THE 2005/2006 CIP BUDGET
RECOMMENDATION:
It is recommended that the City Council, adopt a resolution, authorizing funding not to exceed
$65,000.00 for the Sewer Line Rehabilitation Project, awarding the contract to Pacific Liners
of Vacaville, California, in the amount of $57,990.00, and amending the 2005/2006 CIP
Budget.
BA CIZ G RO UND/D IS CUS 81 ON:
Recent video inspection of sewer lines along Magnolia Avenue, Arroyo Drive and Hemlock Avenue
has shown portions of these sewer lines are in need of rehabilitation. The Maintenance Departlnent
solicited proposals from specialty contractors who install liners inside existing sewer lines. The
Department received one quote, from Pacific Liners of V acaville, California. Since only 1150 feet of
sewer pipe was being repaired, many contractors chose not to bid.
In the past, staff has worked with Pacific Liners on other sewer rehabilitation projects and the unit
rates for this project is cOlnparable to their previous projects. Staff recommends that the contract be
awarded to Pacific Liners in the amount of $57,990.00.
Rehabilitation of the sewer lines is scheduled to start in early Novenlber and be completed within
two weeks. Pacific Liners will do a post installation video inspection of the sewer lines to confirm
cOlnpletion and provide a tape to the Departlnent.
FUNDING:
Adequate funding for this project is available in the Sewer Fund (71-13235).
Staff Report
Subject: Sewer Line Rehabilitation Project
Page 2
~
By:
Terry Wh'e
Director of ublic Works
Attachments: Resolution
R TH/ TW
G:\PROJECTS\PW Sewer Rehab,\awardstaffreport,doc
APprove~__ ' CfJ
~ Nagel
City Manager
RESOLUTION NO.
CITY COUNCIL, CITY OF SOUTH SAN FRA.1'JCISCO, STATE OF CALIFORNIA
A RESOLUT'IC)N AUTHORIZING AN AMENDMENrr TC) Tl-IE
2005/2006 CAPI'T AL IMPROVEMENT PRC)GRAM (CIP) BUDGET',
APPROVING FUNDING FOR A SEWER LINE REHABILIT'ATIC)N
PROjECrr, AND A VV ARDING A CONTRACT' FC)R SAID PRC)jECT'rC)
PACIFIC LINERS IN AN AMOUNT' NCyr 'T() EXCEED $65,000
WHEREAS, staff recOlnlnends the authorization of an mnendment to the 2005/2006 CIP
Budget for the sewer line rehabilitation on Magnolia Avenue, Arroyo Drive and Hemlock A venue.
WHEREAS, funding is available through the 2005/2006 Capital hnprovement Progranl for
the Structural Repair/Sewer Rehabilitation hnprovelnents.
WHEREAS, staff solicited proposals for the project, and received one quote, frOln Pacific
Liners, which quote is commensurate with the amount paid for silnilar sewer rehabilitative work that
Pacific Liners has perfonned for the City in the past.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San
Francisco that the City Council hereby authorizes an amendment to the 2005/2006 CIP and awards
the contract for the sewer rehabilitation project to Pacific Liners of Vacaville, California in an
amount not to exceed $65,000.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the
contract on behalf of the City of South San Francisco.
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I hereby certify that the foregoing Resolution was regularly introduced and adopted
by the City Council of the City of South San Francisco at a regular meeting held on the
26th day of October, 2005 by the following vote:
AYES:
NOES:
ABSTAIN:
ATTEST:
City Clerk
787 535~ 1
ort
AGENDA ITEM #4
DATE: October 26, 2005
TO: The Honorable Mayor and City Council
FROM: Marty Van DUYll, Assistant City Manager
SUBJECT: NORTH CANAL STREET RESURFACING PROJECT: ENGINEERING FILE NO.
51-13231-0501, PROJECT NO. ST-05-3 AND BID NO. 2387
RECOMMENDATION:
It is recommended that the City Council adopt a resolution awarding the construction contract of
the North Canal Street Resurfacing Project, Engineering File No. 51-13231-0501; Project No.
ST -05-3; Bid No. 2387, to G. Bortolotto and Co., Inc. of San Carlos, CA, in the amount of
$279,475.39.
BACKGROUND/DISCUSSION:
This project is located on North Canal Street, from South Linden Avenue to South Spruce Avenue,
adj acent to Colma Creek. In 2003, the County of San Mateo Flood Control District initiated a construction
project to improve the flood capacity of the creek for a 50 year storm event.
The County had obtained an encroachment pennit from the City to occupy half of the width of North Canal
with equipment and materials during construction. As a condition of the encroachment permit, the County
was to perform full depth pavement rehabilitation on the half of the width of North Canal Street upon
completion of construction work or reimburse the City for the cost.
During the construction of Fire Station 61 on Spruce Ave, it was determined that a full width rehabilitation
of North Canal Street is needed due to utility trenching as well as the damage caused by the creek re-
construction. The paving project involves milling the existing pavement, installation of the pavement
reinforcing fabric, asphalt concrete surfacing, installation of signs, pavement striping, markings and
markers, traffic loop detectors, ADA ramps at intersections'to conform to the current ADA code
requirements, and raising of utility manholes and monument covers to grade. The construction is planned
to be completed by December 4, 2005 for the dedication of Fire Station 61.
On October 6, 2005 and October 13, 2005, staff advertised the notice to invite bids for the above project.
Staff opened bids on October 20,2005 and 5 bids were received. Below is the summary of the bids:
Staff Report
Subj ect:
NORTH CANAL STREET RESURFACING PROJECT: ENGINEERING FILE NO.
51-13231-0501, PROJECT NO. ST-05-3 AND BID NO. 2387
Page 2 of2
Bidder
Bid Amount
G. Bortolotto and Co., Inc. of San Carlos
Interstate Grading & Paving, Inc. of South San Francisco
O'Grady Paving, Inc. of Mountain View
Pavex Constnlction Co. of San Jose
Ghilotti Bros., Inc. of San Rafael
$279,475.39
$281,999.00
$291,618.70
$314,604.00
$528,254.50
G. Bortolotto and Co., Inc. has previously worked with the City and their work has been satisfactory. The
time allotted for this construction project is thirty (30) working days. Staff recommends that the contract
be awarded to G. Bortolotto and Co., Inc. in the mnount of $279,475.39. The Engineer's estimate for the
project is $270,000.00.
The following is a cost breakdown for the project budget:
Construction
Construction Contingency (10%)
Administration/Inspection (5%)
Total
$279,475.39
$ 27,950.00
$ 13.975.00
$321,400.39
FUNDING:
Sufficient gas tax and Measure A funds are available for this project and said funds are reflected in the
2005 - 2006 Capital Improvement Program.
\
BY~
Marty Van Duyn
Assistant City Manager
Approved by: ( ~
L~arryM. Nagel
0f City Manager
ATTACHMENTS: Resolution
Bid Summary
Locati on Map
H:\StaffReports\05 1026\05 1026 North Canal Award,doc
RESOLUTION NO.
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION AWARDING A CONSTRUCTION CONTRACT TO G.
BORTOLOTTO AND CO., INC. OF SAN CARLOS, CA, FOR THE NORTH
CANAL STREET RESURFACING PROJECT IN AN AMOUNT NOT TO
EXCEED
WHEREAS, staff has detennined that as a part of utility retrenching and creek
reconstnlction associated with the construction of the Fire Station 61 project, there is a need
to completely repave and rehabilitate that section of North Canal Street between South
Linden and South Spnlce Avenues; and
WHEREAS, on October 6th, staff issued a notice for bids, and received five bids on the
proposed work. Bids were opened on October 20, 2005, and the lowest bidder was G. Bortolotto
and Co., Inc. of San Carlos, CA for the anIount of$279,475.39; and
WHEREAS, staff recomnlends awarding the contract for constnlction services to G.
Bortolotto and Co., Inc. in the amount not to exceed $279,475.39 ; and
WHEREAS, sufficient gas tax and Measure A funds are available for the project, and are
reflected in the 2005-2006 CapitallInprovelnent Budget.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San
Francisco that the City Council hereby awards the contract for Constnlction of the NOlih Canal
Resurfacing Project to G. Bortolotto and Co., Inc. in an amount not to exceed $279,475.39.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the
contract on behalf of the City of South San Francisco.
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788201-1
I hereby celiify that the foregoing Resolution was regularly introduced and adopted by the
City Council of the City of South San Francisco at a n1eeting held on the _
day 2005 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
City Clerk
788201-1
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AGENDA ITEM #5
DATE:
TO:
FROM:
October 26, 2005
Honorable Mayor and City Council
Mark Raffaelli
Chief of Police
SUBJECT:
ANIMAL LICENSING AND CONTROL
RECOMMENDATION
It is recommended that City Council adopt the proposed amendment of Chapter 9.04 of Title 9 of
the South San Francisco Municipal Code, "Animal Licensing and Control," to coincide with the
newly revised and adopted ordinance of the County of San Mateo.
BACKGROUND/DISCUSSION
The County of San Mateo and the 19 cities in the County have contracted with the Peninsula Humane
Society (PHS) for more than 20 years for animal control services. The contract between the County and
the cities stipulates that each city adopt and n1aintain a substantially similar animal control ordinance and
fee schedule as the County's. Currently, all cities n1aintain a comparable animal control ordinance that
does not require additional services froln PHS. After approval from the Board of Supervisors for a
revised County ordinance, each city is required to adopt the revised ordinance.
While the existing dangerous animal ordinance provides vigorous controls over animals posing a threat
to public safety, County, city and PHS persolmel sought to tighten existing regulations. Tln'ough a series
of meetings with the Animal Control Task Force, which included city, County and PHS representatives,
a revised ordinance was developed. Under both the existing and revised ordinances, anilnal control staff
has the latitude to declare an animal "dangerous," which Ineans the animal owner may n1aintain the
animal under a set of strict conditions under the jurisdiction of a dangerous aniInal pelmit. The
dangerous animal designation generally follows an incident involving an attack to another aniInal or a
relatively minor bite to a human. Animal control staff also has the authority to impound and euthanize
an animal that has committed an attack of an egregious nature. Should an aniInal owner disagree with
the dangerous animal declaration or intent to impound and euthanize an animal, the owner may request a
hearing to dispute the charge.
The revised ordinance follows this existing systeln yet allows for Inore stringent regulations on
dangerous aniInals, clarifies the hearing procedure and cleans up various provisions of the ordinance.
Staff Report
Subject: Anilnal Licensing and Control
Page 2
The following is a SlUnmalY of changes contained in the alnended ordinance:
By:
Attacmnent:
~
Clarifies definitions of "dangerous" (allows aninlal to be maintained with a pernIit with very
stringent requirenlents) vs. "vicious" (animallnust be euthanized).
Expands definition of "vicious anilnal" to include an aninlal which kills another animal.
Silnplifies and unifies healing procedures.
Clarifies procedures for the transfer of dangerous animals into the County, between cities and out
of the County.
Gives PHS and healing officer more options, e.g. order obedience training, etc.
Requires dangerous anilnals to be spayed/neutered.
Disallows aniInals declared dangerous because of aggression to hUlnans to be maintained in a
residence with juveniles under the age of 18.
Clarifies procedures allowing PHS or hearing officer to Inodify dangerous aniInal penllits, i.e.
place additional restrictions on repeat offenders.
Clalifies impoundlnent procedures.
Increases hearing fees to recover costs.
Clarifies cases in which no hearing is held that PHS decision is final.
Allows interested persons to request a hearing should the Anilnal Control Officer detennine an
aniInal is not dangerous or vicious.
Gives PHS the ability to process violations as infractions without going through the prosecuting
atto ley.
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BarryM. Nagel
City Manager
Ordinance
- PtZAfZT -
CONTRASTING AND AMENDING
CERTAIN SECTIONS OF CHAPTER 9.04 OF TITLE 9
OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE
SECTION 1:
9.04.010 Definitions.
The definitions in this section shall apply throughout this title:
(a) ".L'\..nimal control officer" nlean:=; the perGon designated as the director of the
division of onilnal control service:=; of the departnlent of commlulity service:=; for the
county or his duly authorized officers or deputies, as ".yell a:=; the executive director of the
county's contract agent and his duly authorized officer:=; or deputie:=;, or any individual
appointed a:=; an animal control officer by the city manager, pursuant to Chril Code
Section 607f.
(b) "}...nimal control program" means the program ".'vithin the di"/ision of animal
control Gervices of the department of community senrices of the county, or the county's
designated contract agent or both, "xhich is specifically charged ".vith regulating and
enforcing la".v:=; dealing \vith animal control v/ithin its jurisdiction.
(c) ".L'\..nimal control shelter" means the facilities provided for the ilnpounding of
animals.
(d) "Director of community senrices" means that pcroon so designated by the
gO"/erning body of the county.
(e) "Dog licensing program" means that progrmn \vithin the division of animal
control services of the department of cOlmnunity ser/ices for the county, ".vhich i:=;
specifically charged";vith regulating, enforcing and selling dog license:=; in the county.
(f) "Health officer" means the person ".\'ho has been designated by the board of
supenrisors as the health officer of the county and any other person duly authorized by
Guch health officer to act on his behalf.
(g) "Impoundment" means the picking up and confining of an animal by the animal
control progrmn.
(h) "Q".vner" nleans that per:=;on legally entitled to possesGion of the animal concerned
or a menlbor of the household or business ".vhere such anilnal is being kept or a
designated agent of the person legally entitled to posses::don.
1 of 23
('.1.' \ "D" . ;J' ';J I' . . 1-.. .
7 r erson means any illuIVluua, corporatIOn, estate, aSSocIatIOn, partnerSlllp or
tm-st-
G) "Dangerous animal" means any animal, except a trained dog assisting a peace
officer engaged in lavl enforcement duties, "\vhich demonstrate::; any or all of the
follo'.-ving behavior:
(I) .L\.n attack, '.vithout provocation, \vhich requires a defensive action by any
person to pre"'.Tent bodily inj":..lf)T and/or propeliy damage in a place in which such person i:J
conducting himself peaceably and lav{fully;
(2) .L\.n attack 'vvithout pro'vTocation on another animal or live:Jtock, '..vhich
occur::; off the propeliy of the o'.vner of the attacking animal;
(3) .L\.n attack, '.-vithout provocation, that resa1t:J in an injury to a person in a
place 'Nhere such person i::; conducting himself peaceably and la'.vfully;
(1) 1Jo. violation of running or being at large off of the aniInal o'.vner's property
and haras:Jlnent or mole::;tation of per::;on(s);
(5) .L\.n animal that create::; a danger or constitute::; a menace to the public'::;
health and safety d.....le to it::; training or the inherent nature of the aninlul;
(6) /\. dog, '.-vhich has scar~ or 'vvDunds, 'vvhich are attribatable to fights or
altercations '.vith another animal.
(k) "Peaceably and la'vyfu.lly" nleans a person i:J upon the pri'v'ate property of an o"'.vner
of the animal 'vvhen he is on such property in the performance of any duty impo::;ed upon
him by the la'Ns of the state or any city or county, or by the la'vVs or po::;tul regulations of
the United States, or 'vvhen he is on such property upon in'v'itation, expressed or implied
by the o'.vner or his/her designee. (Ord. 1023 9 2 (part), 1987)
Section 9.04.010 of Chapter 9.04 of Title 9 of the South San Francisco Municipal Code is
to be amended to read as follows:
9.04.010 Definitions.
(a) "Animal Control Officer" means that person designated as the Animal Control
Program Manager of the Division of Animal Control Services for the County and his or
her duly authorized officers or deputies, as well as the President of the County's contract
agent and his or her duly authorized officers or deputies.
(b) "Animal Control Program" means that program within the Division of AniInal
2 of 23
Control Services of the Environmental Services Agency of the County, or the County's
designated contract agent or both, which is specifically charged with regulating and
enforcing laws dealing with animal control within its jurisdiction.
(c) "Animal Control Shelter" nleans the facilities provided by the County or the County's
designated contract agent for the impounding of animals.
(d) "Director of Environmental Services Agency" means that person so designated by the
govelning body of t~e County of San Mateo.
(e) "Licensing Program" means that progrmn within the Division of Revenue Services of
the Employee and Public Services Agency, which is specifically charged with regulating
and selling animal licenses and registrations in the County of San Mateo.
(f) "Impoundment" means the picking up and confining of an aniInal by the Animal
Control Program.
(g) "Owner" of an animal means that person 18 years of age or over who holds the
license to the animal, or if the animal is not licensed, that person 18 years of age or over
legally entitled to possession of the animal concerned and who has primary responsibility
for the care of the animal.
(h) "Dangerous Animal" means any aniInal, except a trained dog assisting a peace officer
engaged in law enforcement duties, which because of its disposition, behavior, training or
other characteristic constitutes a danger to persons or property, or which demonstrates
any or all of the following behavior:
(1) Any attack or other behavior which requires a defensive action by any person
to prevent bodily injury or property damage or that results in an injury to a person
or property.
(2) Any aggressive attack or other behavior that constitutes a substantial threat of
bodily harm to a person or animal, where such attack, injury or behaviors occurs
in a place where such person or animal is conducting himself or herself peaceably
and lawfully.
(3) An attack on another aniInal or livestock, which occurs off the property of the
Owner of the attacking animal.
(4) Any animal that has been deemed by another governmental jurisdiction as
3 of 23
"potentially dangerous," "dangerous," "vicious," or any other similar designation.
(i) "Wolf Hybrid" nleans any offspring of domestic dogs bred to wild canids (e.g., wolves
or coyotes) and their subsequent generations.
G) "Vicious Animal" nleans any animal, except a trained dog assisting a peace officer
engaged in law enforcelnent duties, which n1eets any or all of the following criteria:
(1) Any aniInal previously designated as "dangerous," that after investigation by
an Aninlal Control Officer and/or Peace Officer is found under conditions which
constitute a violation of this chapter or applicable dangerous animal permit and
which demonstrates a significant danger to the public health or safety;
(2) Any aninlal seized under Section 599aa of the Penal Code and/or upon the
sustaining of a conviction of the Owner or caretaker under subdivision (a) of
Section 597.5 of the Penal Code;
(3) Any animal which inflicts severe injury on or kills a human being or another
animal;
(4) Any animal, which has engaged in any aggressive behavior, which
demonstrates that the animal represents a clear and present substantial danger to
the public health or safety and that due to substantial risk to the public' health or
safety it is unlikely that the animal could be safely maintained under a dangerous
amInal permit.
(k) "Severe injury" means any physical injury directly caused by an animal attack that
consists of muscle tears, multiple punctures, broken bones or disfiguring lacerations, or
which requires multiple sutures or corrective or cosmetic surgery.
SECTION 2:
9.04.030 Scope of authority of animal control officers.
.l\nimal control officers shall have the authority to issue notices to appear in court
pursuant to Chapter 5C (commencing 'with Section 853.5 of Title 3 of Part 2 of the Penal
Code of the state) for violations of state and local animal controllmvs. This authority is
based, in part, on Section 607g ofth8 California ChTil Code. COrd. 1023 9 2 (part), 1987)
4 of 23
Section 9.04.030 of Chapter 9.04 of Title 9 of the South San Francisco Municipal Code is
to be amended and entitled and to read as follows:
9.04.030 Scope of Authority of Humane Officers and Animal Control Officers.
Hunlane Officers qualified and appointed pursuant to California Corporations Code
14502, who are employees of any public pound, society for prevention of cruelty to
animals or humane society which has contracted with the County to provide animal
control services, shall have the authority to issue notices to appear in court pursuant to
Chapter 5C (commencing with Section 853.5 of Title 3 of Part 2 of the Penal Code of the
State of California) for violations of state and local animal control laws. This authority is
based on section 14503 of the Corporations Code and Section 607g of the Califonlia
Civil Code. Animal Control Officers shall have the authority provided by state law
including but not limited to that described by Penal Code Section 830.9.
SECTION 3:
9.04.090 Permit for dangerous animals.
(a) 1'4'0 per:Jon shall lrno".vingly keep, ha",Te, maintain, sell, trade or let for hire an
animal pre"/iously identified as dangerou~ ".vithout obtaining a dangerous animal permit
from the animal control officer. "Violation off this requirement shall constitute a
misdemeanor.
(b) Upon receipt of vfTitten or oral notification by the animal control officer that an
aninlal is dangerou8 as defined by thi:J chapter, the ov?ner or possessor shall submit an
application for a dangerous animal permit to the aniInal control officer ".vithin five days.
The application for a permit shall contain the name of the applicant, applicant's address,
the applicant's hOlne and business phone numbers, the addres:J and description of the
proposed location of "\vhere the animal ".vill be kept, if different from applicant's, and a
complete description and photograph of the animal.
(c) If the o".vner or p08sessor of an animal disputes the identification of the aniInal as
a dangerous amInal, the oV.Tner orpOS:Je880r may submit aV?ritten request for a hearing to
the animal control. officer "Nho made the identification ".vithin fi";e "working days of
notification. Failure of the o\vner or possessor to request a hearing shall re8ult in the
animal being declared dangerous and the o".vner or posse:J80r 8hall be subj ect to
cOlnpliance \vith this section.
(d) The hearing pursuant to this section shall be conducted by the director of
community services or a designated representative. Hearings shall be held not more than
ten days from the receipt of the request for the hearing and shall be conducted in an
informal manner consistent ".vith due process. !J.. hearing may be continued if the hearing
officer deems it necessary and proper or if the o"\yner, possessor or animal control officer
s11o\"'/s good cause. Both the o\yner or possessor of the animal and animal control services
5 of 23
may present relevant evidence and call and cro:::;s examine '.vitnesses, bat the strict rules
of e'vidence :::;hall not be applicable. The hearing officer shall render a brief "'.vritten
decision, \vhich :::;hall be final "'sithin ten days of the hearing. Unle:::;:::; the hearing officer
otherwise determines, the o"',:vner or posse:::;sor is liable for all costs related to such hearing
not to exceed t'.vo hundred fifty dollars. The failure to conduct a hearing reqaired by this
section shall have no bearing on any criminal pro:::;ecution for violation of any provisions
of this chapter.
(e) f,. pennit obtained under this :::;ection i:::; not tran:::;ferable. Vlhen the pennittee's
addre:::;s or the location "'."'{here the aniInal is kept changes, the permit automatically
becomes void and a ne"'N application must be sabnlitted to tho animal centrol officer.'
'Violation of this subsection :::;hall be a InbdeIneanor.
(f) This pennit is subject to rene\val and approval every year. The permittee shall pay
an annual fee for thiJ pemlit pur::::uant to the procedures ostabli::::hed by the division of
animal control senTices. If the permittee fails to file an application for rene"',Val or pay the
permit fee prior to the pernlit anniver:::;ary date the permit automatically becomes "f,roid.
The fee for ~mch pennit shall be as set forth in the nlaster fee schedule of the city adopted
by resolution of the city council. This fee shall not be refundable. (Ord. 1023 9 2 (part),
-l-9-&1j
Section 9.04.090 of Chapter 9.04 of Title 9 of the South San Francisco Municipal Code is
to be amended and entitled and to read as follows:
9.04.090 Dangerous animal permit required.
(a) No person shall knowingly keep, have, Inaintain, sell, trade or let for hire an animal
designated under the provisions of this chapter as dangerous without obtaining a
Dangerous Animal Permit from the Animal Control OfficeL The animal Owner shall
comply with all conditions of the Dangerous Animal Permit including but not limited to
all requireInents of Section 9.04.110 of this Chapter. Any animal, which is determined to
be dangerous under this Chapter and for which a permit has not been obtained shall be
surrendered to an Animal Control Officer for appropriate disposition including humane
destruction.
(b) If an Animal Control Officer or Peace Officer has investigated and determined that an
animal is dangerous, the Animal Control Officer and/or Peace Officer shall deliver
written notice of such determination to the Owner of the aniInal. Should the animal pose
a threat to the public health and safety, an Animal Control Officer may immediately
impound the animal.
6 of 23
(c) If, after investigation by an Animal Control Officer or Peace Officer, that officer
determines that probable cause does not exist to believe the animal is dangerous, any
interested person Inay appeal that determination by subnlitting within five (5) calendar
days of the decision a written request to the Animal Control Officer or Peace Officer for a
hearing and paying the required fee. The hearing shall be conducted according to the
procedures set fOIih in Section 9.04.1 05 of this Chapter.
Cd) In determining whether or not an animal shall be declared dangerous, the Animal
Control Officer, Peace Officer or f-Iearing Officer appointed pursuant to Section
9.04.105, may consider, as a mitigating factor or factors, whether, at the time of the
injury, attack or molestation, the person or animal suffering the injury, attack or
Inolestation:
(1) Provoked, tormented, teased, abused or assaulted the animal thereby causing
or contributing to the alleged behavior;
(2) Cormnitted a willful trespass or other tort upon the private property of the
Owner or caretaker of the animal;
(3) Threatened or committed an unjustified attack or assault against the Owner,
caretaker or person in control of the animal.
(4) Or any other mitigating factors deemed appropriate for consideration by the
AniInal Control Officer, Peace Officer or Hearing Officer.
(e) Upon receipt of written or oral notification by the Animal Control Officer and/or
Peace Officer that an animal is dangerous as defined in this Chapter, the Owner shall
submit an application for a Dangerous Animal Permit to the Animal Control Officer
within five (5) calendar days. The application for a permit shall contain the name of the
applicant, applicant's address, the applicant's home and business phone numbers, the
address alld description. of Jh_e proposed location. of where the animal will be kept, if
different from applicant's, a complete description and a photograph of the animal. The
pennit shall contain all of the requirements of Section 9.04.110 and any additional
conditions or requirements deeIned necessary by the Animal Control Officer or Peace
Officer to protect the public health or safety.
Cf) Should the Owner of the animal wish to contest the dangerous animal designation, the
Owner may request a hearing, to be conducted according to the procedures set forth in
Section 9.04.1 05 of this Chapter. The Owner shall subInit a written request for a
Dangerous Animal Hearing to the Animal Control Officer and/or Peace Officer within
five (5) calendar days of written notification by the Animal Control Officer and/or Peace
Officer that the animal has been declared dangerous. Should the Owner not submit a
70f23
request for a hearing within five (5) calendar days of notification, the hearing process
shall be deemed waived by the Owner, and the dangerous animal declaration will be
considered final by the County Director of the Environmental Services Agency, or the
City having jurisdiction. In that event, the County Director of the Environmental Services
Agency or the City having jurisdiction may allow the dangerous aniInal permit to be
issued without a hearing. Unless a dangerous animal pelmit is iInmediately obtained, the
animal shall be impounded at the Owner's expense pending appropriate disposition as
deteImined by the Anin1al Control Officer and/or Peace Officer.
SECTION 4:
A NEW Section 9.05.095 is to be added to Chapter 9.04 of Title 9 of the South San
Francisco Municipal Code to be nUlnbered and entitled and to read as follows:
9.04.095 Declaration of vicious animals.
(a) No person shall keep, have, maintain, sell, trade or let for hire an animal, which has
been designated as vicious pursuant to this Chapter.
(b) If an Animal Control Officer and/or Peace Officer has investigated and determined
that an aniInal is vicious, the Animal Control Officer and/or Peace Officer shall deliver to
the Owner of the animal written notice of that determination. The Animal Control Officer
and/or Peace Officer shall immediately impound or cause to be impounded the animal
and shall cause the animal to be humanely destroyed unless the Owner requests a hearing
under subsection ( c) of this section.
( c) If the Owner of the animal disputes the designation of an animal as a vicious aniInal
by the Animal Control Officer and/or Peace Officer (s)he may submit a written request
for a hearing to the Animal Control Officer and/or Peace Officer within five (5) calendar
days of notification. Such hearing shall be conducted according to the procedures set
forth in Section 9.04.105 of this Chapter. Failure of the Owner to request a hearing shall
result in the animal being declared vicious. and humanely destroyed. The vicious animal
declaration will be considered final by the County Director of the Environmental Services
Agency, or the City of South San Francisco.
(d) If, after investigation by an Animal Control Officer or Peace Officer, that officer
detennines that probable cause does not exist to believe that the animal is vicious, any
interested person may appeal that determination by submitting within five (5) calendar
days of the decision a written request to the Animal Control Officer or Peace Officer for a
hearing and paying the required fee.
( e) In determining whether or not an animal shall be declared vicious, the Animal Control
8 of 23
Officer, Peace Officer or Hearing Officer may consider, as a mitigating factor or factors,
whether at the tinle of the injury, attack or behavior, the person or animal suffering the
injury, attack or behavior for which the animal is being determined vicious:
(I) Provoked, tonnented, teased, abused or assaulted the animal thereby causing
or contributing to the alleged behavior;
(2) COlnnlitted a willful trespass or other tort upon the private property of the
Owner or caretaker of the aninlal;
(3) Threatened or cOlrunitted an unjustified attack or assault against the Owner,
caretaker or person in control of the animal.
(4) Or any other Initigating factors deeIned appropriate for consideration by the
Aninlal Control Officer, Peace Officer or Hearing Officer.
SECTION 5:
9.04.100 Issuance of permit for dangerous animal.
(u) The issuunce of the permit shull be conditioned apon the animul o"';vner or
pOGsessor promising to udhere to the ruleD and regulutions specified in Section 9.01.110
and to uny reusonable criteriu reluted to the proper cure, control, maintenance and use of
the animal "'Nhich the animal control officer shall establish.
(b) The appro".Tal of the application con be conditioned upon "'Nhether the o\vner or
po::;sessor has a history of complaint::; filed v,rith the animal control officer for violation of
any ::;ections of thi::; chapter relating to the care and control of animal::; and/or the o"'.vner or
possessor's ability to conform to the provisions of this section. (Ord. 1023 9 2 (part),
-l-9&+1
Section 9.04.100 of Chapter 9.04 of Title 9 of the South San Francisco Municipal Code is
to be amendedto read as follows:
(a) No permit obtained under this section is transferable. If the Owner's address or the
location where the animal is kept changes or the Owner transfers ownership of the
animal, the permit shall become null and void and an application for a new permit must
be submitted to the Animal Control Officer.
(b) A permit issued under this chapter is subj ect to renewal and approval each year and is
subiect to conditions and requirements existing as of the date of renewal. The permittee
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shall pay an amlual fee for this permit pursuant to the procedures established by the
Division of Animal Control Services. If permittee fails to file an application for renewal
or pay the permit fee prior to the permit mmiversary date the pennit shall automatically
become void. The fee for such permit shall be as set forth in section 9.04.200. This fee
shall not be refundable.
(c) If the Owner or permittee has a history of multiple violations of this Chapter 9.04 or
of the conditions of any previously issued dangerous animal permit, the Aninlal Control
Officer or Hearing Officer may deny the penuit and impound the animal for appropriate
disposition as deternlined by the Aninlal Control Officer or Hearing Officer.
SECTION 6:
A NEW section 9.04.105 is to be added to Chapter 9.04 of Title 9 of the South San
Francisco Municipal Code to be numbered and entitled and to read as follows:
9.04.105 Hearing procedures.
(a) Hem"ings held under this Chapter shall be conducted by a hearing officer or designated
representative appointed by the Director of the Environmental Services Agency. The City
of South San Francisco utilizes the services of the San Mateo County designated hearing
officer to hold hearings under these animal control ordinances. The hearings shall be
scheduled no less than five (5) working days and no more than fifteen (15) working days
from the receipt of the request for the hearing unless agreed upon by the involved Animal
Control Officer or Peace Officer and the animal Owner. A hearing may be continued if
the Hearing Officer deems it necessary and proper or if the Owner, or Animal Control
Officer and/or Peace Officer shows good cause.
(b) The hearing shall be conducted in an informal manner consistent with due process of
law. Both the Owner of the animal and Animal Control Officer and/or Peace Officer Inay
be represented by counsel. The parties may present relevant evidence and call and cross-
exa.Il]ine witnesses. The strict nlles of eviden~e shall not be applicable. Any relevant
evidence may be admitted if it is the sort of evidence on which responsible persons are
accustomed to rely in the conduct of serious affairs. The hearing shall be tape-recorded
and all documentary evidence subInitted at the hearing shall be preserved. Any party may
arrange for a court reporter to be present. Any party desiring the presence of a court
reporter shall make all necessary arrangements and shall be responsible for payment of
all co sts.
(c) The Hearing Officer may exclude disorderly or disruptive persons from the hearing or
make other orders as necessary to ensure the fair and orderly conduct of the hearing.
10 of 23
(d) The Hearing Officer may decide all issues for or against the Owner of the aninlal
should the Owner fail to appear at the hearing.
(e) Within five (5) working days of the hearing, the Hearing Officer shall render a brief
written decision, which decision shall be final at the administrative level. The written
decision shall be mailed to the parties by certified Inail and include a declaration or proof
of mailing which includes the date on which the decision was mailed to the pmiies.
(f) Unless the hearing officer for good cause otherwise determines, the Owner of the
aniInal is liable for all costs related to such hearing not to exceed three-hundred and fifty
dollars ($350).
(g) The failure to conduct a hearing required by this section shall have no bearing on any
criminal prosecution for violation of any provisions of this chapter.
(h) In the case of animals determined by an Animal Control Officer or Peace Officer to
be dangerous or vicious, the hearing officer may decide any or all of the following:
1) That the animal be designated "vicious" and the Owner of the animal lose all
rights of ownership and control of the animal and the animal shall be humanely
destroyed. An animal designated as vicious will be held at the animal shelter for a
minimuln of five (5) calendar days from the date of the hearing officer's decision,
after which time it may be humanely destroyed without further notice to the
Owner;
2) That the animal be designated "dangerous" and the Owner must apply for and
obtain a dangerous animal permit as provided by this chapter within five calendar
days of receipt of the decision letter in order to maintain the animal and the
Owner must comply with all mandatory dangerous animal pennit rules and
regulations as defined in Section 9.04.110;
3) That the dangerous animal permit shall contain additional permit conditions to
supplement the mandatory dangerous animal permit rules and regulations as
defined in Section 9.04.110, including, but not limited to, the following:
i) That the Owner keep the animal muzzled at all times when the animal is off the
Owner's property;
ii) That the Owner prove financial responsibility by posting a bond or certificate
of insurance for an amount of $1,000,000 per animal as determined by the
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Hearing Officer;
iii) That the Owner provide private behavioral and obedience training to the
aniInal, at the Owner's expense and within the time set forth by the Hearing
Officer following the issuance of a dangerous aniInal permit. Proof of
participation, a report of behavioral assessment, and/or a certificate of satisfactory
cOlnpletion from an animal behaviorist or organization approved by the Hearing
Officer shall be provided to the Aninlal Control Officer within seven calendar
days following any required training;
iv) That the Owner comply with any other penllit requirement the Hearing Officer
deeIns necessary to protect the public health or safety;
v) That the Owner reimburse the victim for the victim's Inedical expenses or the
victinl animal's veterinary expenses;
vi) Pursuant to section 9.04.130 of this Chapter, that the dangerous anhnal permit
be modified as ordered by the Hearing Officer, or revoked and the animal
humanely destroyed.
SECTION 7:
9.04.110 Rules and regulations for dangerous animals.
The di\Tision of animal control services e::;tablishes that any o'.vner or posse:::;sor of a
dangero....ls animal shall adhere to the follo'vYing rules and regulations:
(a) '''hen the animal is off its property it mu::;t be restrained \-"'Iith a leash not to exceed
four feet in length and must be under the direct control and supervi::;ion of the OVlner or
possessor of such animal. Extraordinary care shall be taken by the ovmer or po:::;:::;e::;sor to
ensure that such lea::;h is sufficient to control the arulnal in a manner, ".vruch vlill not
endanger other persons, or animals;
(b) The animal must be nlaintained so that it is no threat to any mail carrier, sanitation
".Yorker, meter person, or other person '.Yho ha::; the lav.ful right to enter the property,
either by expres::; or implied con::;ent, ".vhere the animal is maintained;
(c) The animal is not allo"vYed to be upon any unenclosed premise::; unless it is leashed
and controlled by a person capable of controlling such animal. The animal may not be
tethered, tied or staked on any unenclosed premi::;es;
(d) The animal must be kept in a fenced yard, kennel, run or enclosure appro'v'ed by
the aninlal control officer. The o'wner or posses::;or shall inspect the fenced yard, kenneL
12 of 23
run or enclo:Jure periodically to ensure that it is secure to maintain the anilnal;
(e) The OVlner or pO:Jsessor of a dangerous animal shall post the entrances to the
property ~.vhere the animal is kept ~Nith a legible sign conspicuoas to the public ~.Yarning
persons of the presence of a dangeroas animal;
(f) The o\vner or possessor of a dangero....ls animal must advise all members that
reside in the same hou:Jehold and on thc SUlne premi:Jes of the conditions as established
by the pennit for keeping or maintaining the dangeroas animal;
(g) The oV,Tner or posse:J:Jor shall strictly cOlnply \vith all local and state lavls
regarding the care, use, control and maintenance of aninlals;
(h) In addition to u dog license, the animal shall at all tiInes ~.vear a separate tag issaed
by the di"f/ision of aniInul control senTices \vhich designate's it as a dangerou:J animal;
(i) 1'Jot;vithstanding any other provi:Jion of this chapter, any o"f.vner or possessor in
violation of this section is guilty of a misdenleanor. (Ord. 1023 9 2 (part), 1987)
Section 9.04.110 of Chapter 9.04 of Title 9 of the South San Francisco Municipal Code is
hereby amended to be entitled and to read as follows:
9.04.110 Mandatory dangerous animal permit requirements.
Any Owner of a dangerous animal shall insure compliance with the following lules and
regulations which shall be mandatory requirements for any dangerous animal pennit:
(a) When the animal is off the property of its Owner, the Owner must ensure that the
aninlal is restrained with a leash not to exceed four (4) feet in length and having a
minimum tensile strength of 300 pounds and shall be under the direct control and
supervision of the Owner or a person of such age, size and strength as can easily control
such animal. Extraordinary care shall be taken by the Owner to ensure that such restraint
is sufficient to control the animal in a manner which it will not endanger other persons or
animals.
(b) The Owner shall maintain the animal so that it is not a threat to any mail carrier,
sanitation worker, meter person, or other person who has the lawful right to enter the
property.
(c) The Owner shall ensure that the animal is not kept upon any unenclosed premise
unless it is leashed and controlled by a person capable of controlling such animal. The
Owner shall ensure that the animal is not tethered, tied or staked at any unenclosed
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premise. The Owner shall ensure that the animal is not kept in a house or structure when
the windows or doors are open or screen doors are the only obstacle preventing the
animal froln exiting the structure.
(d) The Owner shall ensure that the animal is kept in a fenced yard, kennel, run or
enclosure approved by the AniInal Control Officer or Peace Officer. The Owner shall
ensure that all structures used to confine the animals are locked with a key or
cOInbination lock when such animals are within the structure. The Owner shall regularly
inspect the fenced yard, kennel, run or enclosure to ensure that it is secure to maintain the
animal.
(e) The Owner shall open prenlises upon which an animal is maintained at any reasonable
hour for inspection by the Animal Control Officer or Peace Officer and said premises
shall be surrendered for inspection by the Owner upon the request of the Animal Control
Officer or Peace Officer. The Owner shall pay a fee for the costs incurred by County for
the inspection or reinspection of property. Such fee shall be set forth in section 9.04.200.
(f) The Owner of the dangerous animal shall post the entrances to the property where the
animal is kept with a legible sign conspicuous to the public warning persons of the
presence of a dangerous animal. The Owner of the dangerous animal shall obtain an
approved sign from the Animal Control Program for a non-refundable fee and shall
surrender such sign in the event of the revocation of the pennit, death of animal, or
approved relocation of the animal, or upon any other reasonable demand by an Animal
Control Officer.
(g) The Owner of any dangerous animal must advise all members who reside in the same
household and on the same premises of the conditions established by the permit for
keeping or maintaining said dangerous animal.
(h) The Owner shall strictly comply with all local and state laws regarding the care, use,
control and maintenance of animals.
(i) In addition to a license, the Owner shall ensure that the animal shall at all times wear a
separate tag issued by the Division of Animal Control Services, which designates it as a
dangerous animal. The Owner shall ensure that the dangerous animal is microchipped
and registered with the Animal Control Program for a fee specified by Section 9.04.200
within thirty (30) calendar days from the date the permit was issued. The animal Owner
shall be responsible for payment of said fee, which shall be utilized by the Animal
Control Progranl to offset the cost of the chip and to maintain the registration program.
G) The Owner shall have the animal spayed or neutered by a licensed veterinarian, at the
Owner's expense, within fifteen (15) calendar days from the date the permit was issued.
14 of 23
The Owner shall present written proof to the AniInal Control Officer that the surgery was
performed. In the event an aniInal cannot be safely spayed or neutered due to medical
reasons, the Owner shall present written proof from a licensed practicing veterinarian to
the Animal Control Officer that said animal cmIDot be spayed or neutered.
(k) The Owner nlay not sell, transfer or otherwise dispose of such animal to another
County or City without notifying Animal Control at least twenty-four (24) hours before
such sale, transfer or disposal. Animal Control will notify the proper authorities of the
jurisdiction to which the dangerous aniInal is transferred. Should the Owner of a
dangerous aniInal wish to transfer ownership of the animal to another individual within
San Mateo County, the new Owner nlust sublnit to a property inspection, apply for and
obtain a new dangerous aniInal pelmit, pay all requisite fees, and conlply with all
provisions of this chapter and the requirements of the pennit.
(1) No more than two dangerous animals may be kept at anyone household.
(m) The Owner shall not allow any animal designated "dangerous" as the result of
aggression against humane s) to be kept on property or within a household in which a
juvenile person under the age of eighteen resides.
(n) The Owner of a dangerous animal must notify the Animal Control Officer of the
animal's death within twenty-four (24) hours and shall produce the aniInal's body for
verification upon request. The Owner of a dangerous animal must notify the Animal
Control Officer immediately in the event the aninlal becomes lost or stolen.
(0) The Owner nlust pay all pelmit and property inspection fees as described in section
9.04.125 of this chapter.
(P) The Owner shall comply with all other pelmit conditions or requirements imposed
pursuant to section 9.04.105 or 9.04.090(a).
SECTION 8:
9.04.120 Inspection of dangerous animals.
Permits issued pursuant to this chapter shall proyide that, as a condition for issuance, the
premises upon \vhich an animal i:J maintained shall be opened at any reasonable hour for
inspection by the aniInal control officer and that the o't.Yner or possessor shall surrender
the prenlises for inspection upon the request of the animal control officer. COrd. I 023 ~ 2
(part), 1987)
IS of 23
Section 9.04.120 of Chapter 9.04 of Title 9 of the South San Francisco Municipal Code is
to be repealed and a new Section 9.04.120 is to be added to be nUInbered and entitled and
to read as follows:
9.04.120 Possession of Animals after Revocation of Dangerous Animal Permit or
Vicious Declaratione
No person who has been determined to be in possession or ownership of a vicious animal
or a dangerous animal for which a permit has been revoked under this Chapter shall be
granted any dangerous aniInal permit for a period of three years following such
detelmination or revocation.
SECTION 9:
A NEW Section 9.04.125 of Chapter 9.04 of the Title 9 of the South San Francisco
Municipal Code is to be added to be numbered and entitled and to read as follows:
9.04.125 Inspection fee.
A fee shall be charged for the costs incurred by County for the inspection or reinspection
of property. The fee charged shall be paid by the Owner or person who has custody of the
animal. Such fee shall be set forth in section 9.04.200.
SECTION 10:
9.04.130 Rc"/ocation of permit.
(a) Subject to the provisions of subsection (b) of this section, any permit issued
pursaant to this chapter may be revoked if the animal control officer finds any of the
follo....ving to be true:
(1) The o"vroer or possessor has 'Violated any local animal ordinances, the
Penal Code, or is in ".'iolation of any zoning, health and safety or building ordinance
relating to the keeping of any animals;
(2) Tho o"y",ner or possessor haG violated any rules, regulations or conditions
adopted by the dhrision of animal control ser/ices or any reasonable criteria established
by the anin1al control officer as necessary to insure the animal ".vill not endanger the
peace, health or safety of any person or property; or
(3) The ov,ner or possessor has changed the location of his residence or his
place of business or 3ells, aGsigns, transfers, donates, leases or othersise disposes of the
16 of 23
animal for ~.Yhich the permit v,ras issued.
(b) If, after investigation, the anin1al control progrmn concl:.ldes that it iJ probable
that one or more of the abo've ground:::; for revocation has occurred, it shall cause ~t~fTitten
notice thereof to be transmitted by mail to the address of the o\vner or possessor. The
notice shall :::;pecify the grounds of po:::;sible revocation of the permit and :::;hall specify a
date and tin1e for an informal hearing to be held before an animal control officer. The
date shall be not les:::; than fi~/e day:::; subsequent to the date thc notice i:::; Inailed.
.l...fter the informal hearing, thc animal control officer may modify the tern1S of the pern1it
or revoke the permit depending apon the OV1l1er or p00:::;e:::;sor's ability to cOInply ~vvith the
req'..liremcnt:::; of this chapter.
( c ) In the event that it is rea::JOnably neceo:::;ary to protect against a potential or
innnediate threat or danger to the pablic or to an animal's health or safety, the animal
control progran11nay revoke any permit and in1pound the animal vlithout a hearing, for a
period of not to exceed thirty days.
(d) Upon ~t~ITitten or oral notification of the revocation of a permit for a dangeroas
aniInal, the ov/ner or poosessor of the unhnal shall ~.Yithin ten calendar days of such
notification ounender the animal to the animal control program or pro~/ide vITitten proof
to the animal control program in the form of declaration(s) undcr penalty of perjury that
such uniInul has been pennunently removed from the county. Failure to sunender such
animal or provide the requircd proof of reIno",ral shall be a misdemeanor. (Ord. 1023 9 2
(part), 1987)
Section 9.04.130 of Chapter 9.04 of Title 9 of the South San Francisco Municipal Code is
to be amended and entitled and to read as follows:
9.04.130 Revocation or modification of permit.
(a) Subject to the provision of subsection (b), any pennit issued pursuant to this section
may be revoked or modified by the inclusion of additional requirements or otherwise, if
the Animal Control Officer has reasonable cause to believe any of the following to be
true:
(1) The dangerous animal Owner or any person the Owner has allowed to have
possession of the animal has violated any local animal ordinances, or is in
violation of any zoning, health and safety or building ordinance or Penal Code
section relating to the keeping, care or use of any animals;
(2) The Owner or any person the Owner has allowed to have possession of the
17 of 23
animal has violated any rules, regulations or conditions of this Chapter including
but not limited to dangerous animal permit conditions, or any requireInent
imposed by the Animal Control Officer, Peace Officer or Hearing Officer as
necessary to insure the animal will not endanger the peace, health or safety of any
person or property; or
(3) The Owner has changed the location of his residence or his place of business
or sells, assigns, transfers, donates, leases, or othelwise disposes of the animal for
which the permit was issued.
(b) In the event that it is reasonably necessary to protect against a threat to the health or
safety of the public, or of any animal, the AniInal Control Officer or Peace Officer may
impound or cause to be impounded the animal while an investigation is taking place.
(c) If, after investigation, the Animal Control Officer or Peace Officer concludes that it is
probable that one or nlore of the above grounds for revocation or modification of the
permit has occurred, the Officer shall cause written notice thereof to be transmitted to the
Owner. Said notice shall specify the grounds of revocation or modification of the permit.
Should the Owner of the animal wish to contest the revocation or modification of the
permit, (s)he may request a hearing to be held before a hearing officer not previously
involved with the permit issuance or investigation, as designated by the Director of the
Environmental Services Agency within five (5) calendar days of receiving the notice of
intent to modify or revoke permit. Said hearing date shall be not less than five (5)
working days or n10re than 15 working days subsequent to the date the request for
hearing is received. The hearing shall be conducted as set forth in section 9.04.105 of this
Chapter. After the hearing, the Officer conducting the hearing may modify the terms of
the permit or revoke the pelmit depending upon the Owner's ability to comply with the
requirements of this Chapter and to control the animal so that the health, safety and
property of the public are protected.
(d) Upon written or oral notification by the Animal Control Officer, or Hearing Officer if
a hearing was held, of any modifications to a dangerous animal permit, the Owner shall
immediately comply with such modified permit requirements.
(e) Upon written or oral notification by the Animal Control Officer, or Hearing Officer if
a hearing was held, of the revocation of a permit for a dangerous animal, the Owner of
such animal shall within two (2) calendar days of such notification surrender said animal
to an Animal Control Officer to be humanely destroyed or provide written proof to an
Animal Control Officer in the form of declaration(s) under penalty of perjury that such
animal has been pennanently removed from the County of San Mateo and declaring the
new location or new address where the animal is to be kept.
18 of 23
SECTION 11:
9.04.140 ~A...nimals to be impounded.
Every aninlal kept or found under condition~, v.'hich constitute a 'violation of this chapter,
may be impounded by an animal control officer. Vlith rcspect to diseased or dangorous
animab, the animal control officer or his designee shall have the authority to enter the
premises in a lav'iful manner, and to take up, iInpo'.Jnd and safely keep an animal. Upon
denial or re','ocation of a pennit, '.vhen an ov.'ner or pos~e~sor refuses to apply for a pernlit
or '.vhen the aninlal control officer has rea::.JOnable cause to believe that any animal is
dangeroas the animal control officer may also impound the animal and keep it for a
period not to exceed ten day::; in order to obser.re, examine and determine 'shether or not
such animal is dangerou8. Except 0.3 othenvise provided '..Inder this chapter, an impounded
animal nlay be redeemed by the OVlner or per30n entitled to it~ p03ses3ion, after paynlent
of the required fee~ and charges. In the event 3uch animal is not redeeIned '.vithin ninety
six hoar3, it may be either 30ld or destroyed, at the discretion of the animal control
program. (Ord. 1023 9 2 (part), 1987)
Section 9.04.140 of Chapter 9.04 of Title 9 of the South San Francisco Municipal Code is
to be amended to read as follows:
9.04.140 Animals to be impounded.
(a) Every aninlal kept or found by an Animal Control Officer or Peace Officer under
conditions which constitute a violation of this Chapter or other state or local law Inay be
impounded or caused to be impounded by an Animal Control Officer or Peace Officer.
The animal's Owner shall be charged with all costs incurred or fees applicable with
respect to such impoundment.
(b) When the Animal Control Officer or Peace Officer has reasonable cause to believe
that any animal is dangerous or vicious the Animal ~ontrol Officer or Peace Officer may
also impound or cause to be impounded the animal and keep it for such period not to
exceed fifteen (15) days in order to observe, examine and determine whether or not such
animal is dangerous or vicious. .
(c) Any animal subject to dangerous or vicious animal proceedings Inay be impounded at
the discretion of the Animal Control Officer or Peace Officer pending notice, hearings
and determinations hereunder and until any required permit is obtained.
(d) Except as otherwise provided in this Chapter or state law, an impounded animal may
be redeemed bv the Owner. after payment of the required fees and charges and
19 of 23
cOInpliance with licensing requirements. In the event such animal is not so redeemed
within the time set fOlih by state law, it may be disposed of in the mamler deternlined by
an Animal Control Officer.
SECTION 12:
9.04.150 Notice to o,vner of animal impounded.
\Vithin nventy four hours of the impo.....lndnlent of any aninlal, the animal control program
shall mail a "'.vritten notice thereof to the place of business or residence of the o\vner of
the animal, if knovln. The animal control officer shall nlaintain records of the
impoundment pursuant to Section 9.01.180. (Ord. 1023 9 2 (part), 1987)
Section 9.04.150 of Chapter 9.04 of Title 9 of the South San Francisco Municipal Code is
to be amended to be entitled and to read as follows:
9.04.150 Notice of impounded animals.
Within twenty-four (24) hours of the impoundment of any animal, the Anilnal Control
Officer shall mail a written notice thereof to the place of business or residence of the
Owner of the animal if known. In the event the animal may not be redeemed as provided
by subsection (d) of section 9.04.140, the Owner nlay request a hearing under section
9.04.105, subsections (a) - (g) of this Chapter or applicable state law. The Animal
Control Officer shall maintain records of said impoundment pursuant to Section 9.04.180.
SECTION 13:
9.04.160 right to hearing follo"ring impoundment.
lJ1Y person o"'.vning or la",;J.fully possessing any aninlal impounded pursuant to this
chapter is entitled to a hearing conducted by the health officer or by his designee (the
"hearing officer") "'.vithin ten days follo"'sing sach impoUl1dlTIent pro"','ided such 07mer or
possessor files a ..;vritten request therefore "'.vith the animal program control "'sithin three
days following v,Titten notice of such impoundment. Unless the hearing officer othenvise
determines, such o"';vner or possessor is liable for all costs related to such impoundment.
(Ord. 1023 9 2 (part), 1987)
Section 9.04.160 of Chapter 9.04 of Title 9 of the South San Francisco Municipal Code is
to be repealed.
SECTION 14:
9.04.170 Conduct of hearing.
20 of 23
(a) ./.^"t the hearing, the OViner or possessor and the animal control program may be
represented by coan::;el, may pre::;ent oral and vtTitten evidence, and may cross exmnine
""v"vitnesses. Strict rules of e"ddence need not apply. /\ny relevant evidence may be
admitted if it is the sort of evidencc on "t.vhich responsiblc persons are accustomed to rely
in the conduct of serious affairs. The decision of the hearing officer shall be supported by
the vleight of the cvidence and shall be final. The OV,l1er or possessor shall be given
"t.vritten notice of the decision v;ithin fifteen day::; of the hearing.
(b) The hearing officer may rule that the O"Nner or posse::;sor \villlose all rights of
o"..vnership and control of the animal; may order that the animal be destroyed if the animal
has bitten or injared a person or donlestic aniInal; luay declare an animal to be a
dangerous animal a::; defined in thi::; chapter; and may require the ovroer or possessor to
obtain a pennit p'.1rsuant to this chapter mId sign an agreenlent "vvhich contains conditions,
such as, but not linlited to, the follo"tvving before the animal i::; released to his custody:
(1) The ov,'ner or po::;sessor ::;hall keep the aninlal confined on his premises in
an enclosure approved by the health officer or his designee;
(2) Thc O"t,\l1er or posses::;or shall keep the animal sec'.1rely muzzled, leashed
and under the control of a person eighteen years of age or older, and ",vho is physically
capable of restraining the animal \vhen the anilnal iJ off his property;
(3) The O"t....\l1er or possessor shall prove financial responsibility by po::;ting a
bond or certificate of in::;urance for an amo'..mt not to exceed one hundred thousand
do llars;
(1) The o",vner or possessor shall inform, . in addition to the animal control
program, any city, county or postal service employee, utility company meter readers, and
anyone else, "vYho comes onto the property \vith inlplied consent or peaceably and
la";vfully, of the anima!'::; ";iciousness.
(c) /... ",'iolation of the conditions of the agreement nlay result in the animal being
impounded. (Ord. 1023 S 2 (part), 1987)
Section 9.04.170 of Chapter 9.04 of Title 9 of the South San Francisco Municipal Code is
to be repealed.
SECTION 15:
9.04.180 Record of impounded animals.
The animal control shelter ::;ha11 keep a record of all aniIuals impounded, "tNhich record
::;hall include a description of the animal, the date of its receipt, the date and mmmer of
disposal, the name of thc person redeeming or purchasing, and the fees and charges and
oroceeds of sales received on account thereof. and such additional matters as may be
21 of23
necessary and incidental to implenlenting this chaptcr. Such record:] shall be kept for five
years. (Ord. 1023 S 2 (part), 1987)
Section 9.04.180 of Chapter 9.04 of Title 9 of the South San Francisco Municipal Code is
to be mnended to read as follows:
9.04.180 Record of impounde~ animals.
The Anilnal Control Progrmn shall keep a record of all animals impounded, which record
shall include a description of the animal, the date of its receipt, the date and manner of
disposal, the nanle of the person redeeming or purchasing, and the fees and charges and
proceeds of sales received on account thereof, and such additional matters as nlay be
necessary and incidental to inlplementing this Chapter. Such records shall be kept for
four years.
SECTION 16.
9.04.190 Redemption.
Except as otherv;ise pro'vided by this chapter or by any other la'.Y, the o~.vner or pos:Jessor
of any animal impounded may, at any time before the Gale or other disposition thereof,
redeem the animal by paying all proper fees asse:J:Jed by the animal control progrmn. The
animal control program shall issue to the o\\'ner or possesoor duplicate receipts for the
arnounts of the fee paid. COrd. 1023 9 2 (part), 1987)
Section 9.04.190 of Chapter 9.04 of Title 9 of the South San Francisco Municipal Code is
to be amended to read as follows:
9.04.190 Redemption.
(a) Except as otherwise provided by this ordinance or by any other law, the Owner or
person entitled to the control or custody of any animal impounded may, at any time
before the sale or other disposition thereof, redeem the same by paying all proper fees
assessed by Animal Control Services. AniInal Control Services shall issue to the Owner
duplicate receipts for the amount of the fee paid.
(b) Upon redeInption of any impounded unaltered animal, the Owner will be required to
pay a spay/neuter fee in the amount of $35.00 in addition to the ilnpound fees imposed
under section 9.04.200. Such fee shall be refundable upon proof of spay/neuter of the
animal within thirty (30) days of the redemption date. Any unaltered animal impounded
twice or more within a three-year period shall be altered at the Owner's expense prior to
220f23
redemption. At the option of the Owner, required spaying or neutering may be performed
by a private veterinarian.
(c) Any Owner of an impounded aniInal subject to nlandatory spay/neuter under
subsection (b) may petition, in writing, for a hearing conducted by the AniInal Control
Program Manager or his or her designee within three days following notice of the second
impoundment. The hearing shall be held within four working days of such petition and
shall be subject to the provisions of section 9.04.105, subsections (a) - (g). After the
hearing, the hearing officer may require that the animal be spayed or neutered at the
Owner's expense, unless the hearing officer detennines that good cause exists for not
requiring that the anilnal be spayed or neutered.
SECTION 17:
9.04.260 Penalty for violation.
Except as specifically stated ebe\vhere in thi8 chapter, any person "/iolating any provi~ion
of this chapter is guilty of an infraction and upon conviction, 8hall be punished 0.8 set
fOlih in Section 36900 of the Govenmlent Code. (Ord. 1023 9 2 (pmi), 1987)
Section 9.04.260 of Chapter 9.04 of Title 9 of the South San Francisco Municipal Code is
to be anlended to be entitled and to read as follows:
9.04.260 Misdemeanor violations.
(a) A person violating any provision of this Chapter shall be guilty of an infraction except
as otherwise specifically provided.
(b) A person violating any provision of subsection (a) of section 9.04.090 of this Chapter,
or subsection (a) of section 9.04.095 of this Chapter shall be guilty of a misdemeanor.
SECTION 18: Unless specifically atnended herein, the remaining sections of Chapter
9.04 of Title 9 of the South San Francisco Municipal Code shall remain in full force and
effect.
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AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SOUTH SAN FRANCISCO
SAN MATEO COUNTY, STATE OF CALIFORNIA
********
AMENDING CERTAIN SECTIONS OF CHAPTER 9.04 OF TITLE 9
OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE
The City Council of the City of South San Francisco, San Mateo County, State of
California does hereby ORDAIN as follows:
SECTION 1: Section 9.04.010 of Chapter 9.04 of Title 9 of the South San Francisco
Municipal Code is hereby amended to read as follows:
9.04.010 Definitions.
(a) "Animal Control Officer" nleans that person designated as the AniInal Control
Progrmn Manager of the Division of Animal Control Services for the County and his or
her duly authorized officers or deputies, as well as the President of the County's contract
agent and his or her duly authorized officers or deputies.
(b) "Animal Control Progrmn" Ineans that progrmn within the Division of Animal
Control Services of the Environmental Services Agency of the County, or the County's
designated contract agent or both, which is specifically charged with regulating and
enforcing laws dealing with animal control within its jurisdiction.
(c) "Animal Control Shelter" means the facilities provided by the County or the County's
designated contract agent for the impounding of animals.
(d) "Director of Environmental Services Agency" means that person so designated by the
governing body of the County of San Mateo.
(e) "Licensing Program" means that program within the Division of Revenue Services of
the Employee and Public Services Agency, which is specifically charged with regulating
and selling animal licenses and registrations in the County of San Mateo.
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(f) "hnpoundment" means the picking up and confining of an animal by the AniInal
Control Program.
(g) "Owner" of an animal means that person 18 years of age or over who holds the
license to the aninlal, or if the animal is not licensed, that person 18 years of age or over
legally entitled to possession of the animal concerned and who has primary responsibility
for the care of the animal.
(h) "Dangerous Animal" means any aniInal, except a trained dog assisting a peace officer
engaged in law enforcelnent duties, which because of its disposition, behavior, training or
other characteristic constitutes a danger to persons or property, or which deInonstrates
any or all of the following behavior:
(1) Any attack or other behavior which requires a defensive action by any person
to prevent bodily injury or property dmnage or that results in an injury to a person
or property.
(2) Any aggressive attack or other behavior that constitutes a substantial threat of
bodily hann to a person or animal, where such attack, injury or behaviors occurs
in a place where such person or aniInal is conducting hinlself or herself peaceably
mld lawfully.
(3) An attack on another aniInal or livestock, which occurs off the property of the
Owner of the attacking animal.
(4) Any animal that has been deemed by another governnlental jurisdiction as
"potentially dangerous," "dangerous," "vicious," or any other similar designation.
(i) "Wolf Hybrid" means any offspring of domestic dogs bred to wild canids (e.g., wolves
or coyotes) and their subsequent generations.
U) "Vicious Animal" means any aninlal, except a trained dog assisting a peace officer
engaged in law enforcement duties, which Ineets any or all of the following criteria:
(1) Any animal previously designated as "dangerous," that after investigation by
an Animal Control Officer and/or Peace Officer is found under conditions which
constitute a violation of this chapter or applicable dangerous animal pernlit and
which demonstrates a significant danger to the public health or safety;
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(2) Any aniInal seized under Section 599aa of the Penal Code and/or upon the
sustaining of a conviction of the Owner or caretaker under subdivision (a) of
Section 597.5 of the Penal Code;
(3) Any animal which inflicts severe injury on or kills a human being or another
animal;
(4) Any animal, which has engaged in any aggressive behavior, which
demonstrates that the aniInal represents a clear and present substantial danger to
the public health or safety and that due to substantial risk to the public health or
safety it is unlikely that the aniInal could be safely Inaintained under a dangerous
animal permit.
(k) "Severe injury" means any physical injury directly caused by an animal attack that
consists of muscle tears, multiple punctures, broken bones or disfiguring lacerations, or
which requires multiple sutures or corrective or cosmetic surgery.
SECTION 2: Section 9.04.030 of Chapter 9.04 of Title 9 of the South San Francisco
MWlicipal Code is hereby amended to read as follows:
9.04.030 Scope of Authority of Humane Officers and Animal Control Officers.
Humane Officers qualified and appointed pursuant to California Corporations Code
14502, who are employees of any public pound, society for prevention of cruelty to
animals or humane society which has contracted with the County to provide aniInal
control services, shall have the authority to issue notices to appear in couli pursuant to
Chapter 5C (cOlmnencing with Section 853.5 of Title 3 of Part 2 of the Penal Code of the
State of California) for violations of state and local animal control laws. This authority is
based on section 14503 of the Corporations Code and Section 607g of the California
Civil Code. Animal Control Officers shall have the authority provided by state law
including but not limited to that described by Penal Code Section 830.9.
SECTION 3: Section 9.04.090 of Chapter 9.04 of Title 9 of the South San Francisco
Municipal Code is hereby amended to be entitled and to read as follows:
9.04.090 Dangerous animal permit required.
(a) No person shall knowingly keep, have, maintain, sell, trade or let for hire an animal
designated under the provisions of this chapter as dangerous without obtaining a
Dangerous Animal Permit from the Animal Control Officer. The animal Owner shall
comply with all conditions of the Dangerous Animal Pernlit including but not limited to
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all requirenlents of Section 9.04.110 of this Chapter. Any aniInal, which is determined to
be dangerous under this Chapter and for which a pennit has not been obtained shall be
surrendered to an Animal Control Officer for appropriate disposition including humane
destruction.
(b) If an AniInal Control Officer or Peace Officer has investigated and determined that an
aninlal is dangerous, the AniInal Control Officer and/or Peace Officer shall deliver
written notice of such determination to the Owner of the animal. Should the animal pose
a threat to the public health and safety, an Anilnal Control Officer Inay i1llinediately
impound the animal.
(c) If, after investigation by an AniInal Control Officer or Peace Officer, that officer
determines that probable cause does not exist to believe the aninlal is dangerous, any
interested person Inay appeal that detennination by subInitting within five (5) calendar
days of the decision a written request to the Animal Control Officer or Peace Officer for a
hearing and paying the required fee. The hearing shall be conducted according to the
procedures set forth in Section 9.04.105 of this Chapter.
(d) In determining whether or not an animal shall be declared dangerous, the Animal
Control Officer, Peace Officer or Hearing Officer appointed pursuant to Section
9.04.1 05, may consider, as a Initigating factor or factors, whether, at the time of the
injury, attack or molestation, the person or aniInal suffering the injury, attack or
molestation:
(1) Provoked, tormented, teased, abused or assaulted the animal thereby causing
or contributing to the alleged behavior;
(2) COlnmitted a willful trespass or other tort upon the private property of the
Owner or caretaker of the animal;
(3) Threatened or committed an unjustified attack or assault against the Owner,
caretaker or person in control of the animal.
( 4) Or any other mitigating factors deemed appropriate for consideration by the
Animal Control Officer, Peace Officer or Hearing Officer.
(e) Upon receipt of written or oral notification by the AniInal Control Officer and/or
Peace Officer that an animal is dangerous as defined in this Chapter, the Owner shall
submit an application for a Dangerous Animal Permit to the Animal Control Officer
within five (5) calendar days. The application for a permit shall contain the name of the
applicant, applicant's address, the applicant's hOIne and business phone numbers, the
4 of 17
address and description of the proposed location of where the animal will be kept, if
different fronl applicant's, a cOInplete description and a photograph of the aniInal. The
permit shall contain all of the requirenlents of Section 9 .04.11 0 and any additional
conditions or requireInents deemed necessary by the Animal Control Officer or Peace
Officer to protect the public health or safety.
(f) Should the Owner of the animal wish to contest the dangerous animal designation, the
Owner may request a hearing, to be conducted according to the procedures set fOIih in
Section 9.04.105 of this Chapter. The Owner shall submit a written request for a
Dangerous Animal I-IeaI"ing to the Anin1al Control Officer aI1d/or Peace Officer within
five (5) calendar days of written notification by the Animal Control Officer and/or Peace
Officer that the aniInal has been declared dangerous. Should the Owner not submit a
request for a hearing within five (5) calendar days of notification, the hearing process
shall be deemed waived by the Owner, and the dangerous aIlimal declaration will be
considered final by the County Director of the Environmental Services Agency, or the
City having jurisdiction. In that event, the County Director of the Environmental Services
Agency or the City having jurisdiction nlay allow the dangerous animal permit to be
issued without a hearing. Unless a dangerous animal permit is imInediately obtained, the
aniInal shall be impounded at the Owner's expense pending appropriate disposition as
detern1ined by the Animal Control Officer and/or Peace Officer.
SECTION 4: A new Section 9.05.095 is hereby added to Chapter 9.04 of Title 9 of the
South San Francisco Municipal Code to be numbered and entitled and to read as follows:
9.04.095 Declaration of vicious animals.
(a) No person shall keep, have, maintain, sell, trade or let for hire an animal, which has
been designated as vicious pursuant to this Chapter.
(b) If an Animal Control Officer and/or Peace Officer has investigated and determined
that an animal is vicious, the Animal Control Officer and/or Peace Officer shall deliver to
the Owner of the animal written notice of that determination. The Animal Control Officer
and/or Peace Officer shall immediately iInpound or cause to be impounded the animal
and shall cause the anin1al to be humanely destroyed unless the Owner requests a hearing
under subsection ( c) of this section.
(c) If the Owner of the animal disputes the designation of an animal as a vicious animal
by the Animal Control Officer and/or Peace Officer (s)he may submit a written request
for a hearing to the Animal Control Officer and/or Peace Officer within five (5) calendar
days of notification. Such hearing shall be conducted according to the procedures set
forth in Section 9.04.105 of this Chapter. Failure of the Owner to request a hearing shall
result in the animal being declared vicious and humanely destroyed. The vicious animal
5 of 17
declaration will be considered final by the County Director of the Environlnental Services
Agency, or the City of South San Francisco.
(d) If, after investigation by an Animal Control Officer or Peace Officer, that officer
determines that probable cause does not exist to believe that the animal is vicious, any
interested person Inay appeal that determination by submitting within five (5) calendar
days of the decision a written request to the AniInal Control Officer or Peace Officer for a
hearing and paying the required fee.
(e) In detennining whether or not an aninlal shall be declared vicious, the AniInal Control
Officer, Peace Officer or Hearing Officer Inay consider, as a mitigating factor or factors,
whether at the time of the injury, attack or behavior, the person or aninlal suffering the
injury, attack or behavior for which the aniInal is being determined vicious:
(1) Provoked, tonnented, teased, abused or assaulted the animal thereby causing
or contributing to the alleged behavior;
(2) Committed a willful trespass or other tort upon the private property of the
Owner or caretaker of the animal;
(3) Threatened or committed an unjustified attack or assault against the Owner,
caretaker or person in control of the animal.
( 4) Or any other Initigating factors deemed appropriate for consideration by the
Animal Control Officer, Peace Officer or Hearing Officer.
SECTION 5: Section 9.04.100 of Chapter 9.04 of Title 9 of the South San Francisco
Municipal Code is hereby amended to be entitled and to read as follows:
9.04.100 Issuance of penn it for dangerous animal.
(a) No pern1it obtained under this section is transferable. If the Owner's address or the
location where the animal is kept changes or the Owner transfers ownership of the
animal, the permit shall becolne null and void and an application for a new pennit must
be submitted to the Animal Control Officer.
(b) A permit issued under this chapter is subj ect to renewal and approval each year and is
subject to conditions and requirements existing as of the date of renewal. The pern1ittee
shall pay an mmual fee for this permit pursuant to the procedures established by the
Division of Animal Control Services. If permittee fails to file an application for renewal
6 of I 7
or pay the permit fee prior to the pernlit amliversary date the pem1it shall automatically
becolne void. The fee for such permit shall be as set forth in section 9.04.200. This fee
shall not be refundable.
(c) If the Owner or permittee has a history of multiple violations of this Chapter 9.04 or
of the conditions of any previously issued dangerous animal permit, the AniInal Control
Officer or Hearing Officer may deny the permit and impound the animal for appropriate
disposition as determined by the Animal Control Officer or Hearing Officer.
SECTION 6: A new section 9.04.105 is hereby added to Chapter 9.04 of Title 9 of the
South San Francisco Municipal Code to be nunlbered and entitled and to read as follows:
9.04.105 Hearing procedures.
(a) Hearings held under this Chapter shall be conducted by a hearing officer or designated
representative appointed by the Director of the Environmental Services Agency. The City
of South San Francisco utilizes the services of the San Mateo County designated hearing
officer to hold hearings under these animal control ordinances. The hearings shall be
scheduled no less than five (5) working days and no more than fifteen (15) working days
from the receipt of the request for the hearing unless agreed upon by the involved Aninlal
Control Officer or Peace Officer and the animal Owner. A hearing may be continued if
the Hearing Officer deems it necessary and proper or if the Owner, or AniInal Control
Officer and/or Peace Officer shows good cause.
(b) The hearing shall be conducted in an infonnal manner consistent with due process of
law. Both the Owner of the animal and Animal Control Officer and/or Peace Officer may
be represented by counsel. The parties may present relevant evidence and call and cross-
examine witnesses. The strict rules of evidence shall not be applicable. Any relevant
evidence Inay be adn1itted if it is the sort of evidence on which responsible persons are
accustomed to rely in the conduct of serious affairs. The hearing shall be tape-recorded
and all documentary evidence submitted at the hearing shall be preserved. Any party may
arrange for a court reporter to be present. Any party desiring the presence of a court
reporter shall make all necessary arrangeInents and shall be responsible for payment of
all costs.
(c) The Hearing Officer may exclude disorderly or disruptive persons from the hearing or
make other orders as necessary to ensure the fair and orderly conduct of the hearing.
(d) The Hearing Officer may decide all issues for or against the Owner of the animal
should the Owner fail to appear at the hearing.
7 of 1 7
(e) Within five (5) working days of the hearing, the Hearing Officer shall render a brief
written decision, which decision shall be final at the administrative level. The written
decision shall be mailed to the pmiies by certified mail and include a declaration or proof
of mailing which includes the date on which the decision was mailed to the parties.
(f) Unless the hearing officer for good cause otherwise determines, the Owner of the
animal is liable for all costs related to such hearing not to exceed three-hundred and fifty
dollars ($350).
(g) The failure to conduct a hearing required by this section shall have no bearing on any
criminal prosecution for violation of any provisions of this chapter.
(h) In the case of animals determined by an Animal Control Officer or Peace Officer to
be dangerous or vicious, the hearing officer nlay decide any or all of the following:
1) That the animal be designated "vicious" and the Owner of the animal lose all
rights of ownership and control of the animal and the animal shall be hunlanely
destroyed. An animal designated as vicious will be held at the animal shelter for a
minimum of five (5) calendar days from the date of the hearing officer's decision,
after which time it Inay be humanely destroyed without further notice to the
Owner;
2) That the mlimal be designated "dangerous" and the Owner must apply for and
obtain a dangerous animal permit as provided by tillS chapter within five calendar
days of receipt of the decision letter in order to maintain the animal and the
Owner must conlply with all mandatory dangerous animal permit rules and
regulations as defined in Section 9.04.110;
3) That the dangerous animal permit shall contain additional permit conditions to
supplement the mandatory dangerous aniInal permit rules and regulations as
defined in Section 9.04.11 0, including, but not limited to, the following:
i) That the Owner keep the animallnuzzled at all tin1es when the animal is off the
Owner's property;
ii) That the Owner prove financial responsibility by posting a bond or certificate
of insurance for an amount of $1,000,000 per animal as determined by the
Hearing Officer;
iii) That the Owner provide private behavioral and obedience training to the
8 of 1 7
aniInal, at the Owner's expense and within the time set forth by the Hearing
Officer following the issuance of a dangerous animal permit. Proof of
participation, a report of behavioral assessment, and/or a certificate of satisfactory
completion from an animal behaviorist or organization approved by the Hearing
Officer shall be provided to the Animal Control Officer within seven calendar
days following any required training;
iv) That the Owner con1ply with any other pennit requireInent the Hearing Officer
deems necessary to protect the public health or safety;
v) That the Owner reinlburse the victim for the victim's nledical expenses or the
victinl aniInal' s veterinary expenses;
vi) Pursuant to section 9.04.130 of this Chapter, that the dangerous aninlal pernlit
be Inodified as ordered by the Hearing Officer, or revoked and the animal
humanely destroyed.
SECTION 7: Section 9.04.110 of Chapter 9.04 of Title 9 of the South San Francisco
Municipal Code is hereby amended to be entitled and to read as follows:
9.04.110 Mandatory dangerous aniInal permit requireInents.
Any Owner of a dangerous animal shall insure compliance with the following rules and
regulations which shall be Inandatory requireInents for any dangerous aniInal permit:
(a) When the animal is off the property of its Owner, the Owner Inust ensure that the
animal is restrained with a leash not to exceed four (4) feet in length and having a
minimunl tensile strength of 300 pounds and shall be under the direct control and
supervision of the Owner or a person of such age, size and strength as can easily control
such animal. Extraordinary care shall be taken by the Owner to ensure that such restraint
is sufficient to control the animal in a manner which it will not endanger other persons or
animals.
(b) The Owner shall maintain the animal so that it is not a threat to any mail carrier,
sanitation worker, meter person, or other person who has the lawful right to enter the
property.
( c) The Owner shall ensure that the animal is not kept upon any unenclosed premise
unless it is leashed and controlled by a person capable of controlling such animal. The
Owner shall ensure that the animal is not tethered, tied or staked at any unenclosed
9 of 17
preInise. The Owner shall ensure that the aniInal is not kept in a house or structure when
the windows or doors are open or screen doors are the only obstacle preventing the
animal from exiting the structure.
(d) The Owner shall ensure that the animal is kept in a fenced yard, kennel, run or
enclosure approved by the Animal Control Officer or Peace Officer. The Owner shall
ensure that all structures used to confine the anin1als are locked with a key or
combination lock when such animals are within the structure. The Owner shall regularly
inspect the fenced yard, keIu1el, run or enclosure to ensure that it is secure to maintain the
aniInal.
( e) The Owner shall open premises upon which an animal is n1aintained at any reasonable
hour for inspection by the Animal Control Officer or Peace Officer and said premises
shall be sunendered for inspection by the Owner upon the request of the Animal Control
Officer or Peace Officer. The Owner shall pay a fee for the costs incuned by County for
the inspection or reinspection of property. Such fee shall be set forth in section 9.04.200.
(f) The Owner of the dangerous aninlal shall post the entrances to the property where the
animal is kept with a legible sign conspicuous to the public warning persons of the
presence of a dangerous animal. The Owner of the dangerous animal shall obtain an
approved sign from the Animal Control Program for a non-renmdable fee and shall
sunender such sign in the event of the revocation of the permit, death of animal, or
approved relocation of the animal, or upon any other reasonable deInand by an Animal
Control Officer.
(g) The Owner of any dangerous animal must advise all members who reside in the same
household and on the same preInises of the conditions established by the permit for
keeping or maintaining said dangerous animal.
(h) The Owner shall strictly comply with all local and state laws regarding the care, use,
control and maintenance of animals.
(i) In addition to a license, the Owner shall ensure that the animal shall at all times wear a
separate tag issued by the Division of Animal Control Services, which designates it as a
dangerous animal. The Owner shall ensure that the dangerous aniInal is microchipped
and registered with the Aninlal Control Program for a fee specified by Section 9.04.200
within thirty (30) calendar days from the date the permit was issued. The animal Owner
shall be responsible for payment of said fee, which shall be utilized by the Animal
Control Program to offset the cost of the chip and to maintain the registration program.
Cj) The Owner shall have the animal spayed or neutered by a licensed veterinarian, at the
Owner's expense, within fifteen (15) calendar days from the date the permit was issued.
10 of 1 7
The Owner shall present written proof to the Aninlal Control Officer that the surgery was
performed. In the event an animal cannot be safely spayed or neutered due to nledical
reasons, the Owner shall present written proof from a licensed practicing veterinarian to
the Animal Control Officer that said aniIual cannot be spayed or neutered.
(k) The Owner may not sell, transfer or otherwise dispose of such animal to another
County or City without notifying Animal Control at least twenty-four (24) hours before
such sale, transfer or disposal. Animal Control will notify the proper authorities of the
jurisdiction to which the dangerous animal is transferred. Should the Owner of a
dangerous aninlal wish to transfer ownership of the aniInal to another individual within
San Mateo County, the new Owner nlust subInit to a property inspection, apply for and
obtain a new dangerous animal pennit, pay all requisite fees, and conlply with all
provisions of this chapter and the requirements of the pernlit.
(1) No more than two dangerous aniIuals may be kept at anyone household.
(m) The Owner shall not allow any animal designated "dangerous" as the result of
aggression against human(s) to be kept on property or within a household in which a
juvenile person under the age of eighteen resides.
(n) The Owner of a dangerous animalluust notify the Animal Control Officer of the
animal's death within twenty-four (24) hours and shall produce the animal's body for
verification upon request. The Owner of a dangerous animal must notify the Animal
Control Officer immediately in the event the animal becomes lost or stolen.
(0) The Owner must pay all pennit and property inspection fees as described in section
9.04.125 of this chapter.
(P) The Owner shall comply with all other permit conditions or requirements imposed
pursuant to section 9.04.105 or 9.04.090(a).
SECTION 8: Section 9.04.120 of Chapter 9.04 of Title 9 of the South San Francisco
Municipal Code is hereby repealed and a new Section 9.04.120 is hereby added to be
numbered and entitled to read as follows:
9.04.120 Possession of Animals after Revocation of Dangerous Animal Permit or Vicious
Declaration.
No person who has been determined to be in possession or ownership of a vicious animal
or a dangerous aniInal for which a permit has been revoked under this Chapter shall be
granted any dangerous animal permit for a period of three years following such
11 of 1 7
detennination or revocation.
SECTION 9: A new Section 9.04.125 of Chapter 9.04 of the Title 9 of the South San
Francisco Municipal Code is hereby added to be nunlbered and entitled and to read as
follows:
9.04.125 Inspection fee.
A fee shall be charged for the costs incurred by County for the inspection or reinspection
of property. The fee charged shall be paid by the Owner or person who has custody of the
aniInal. Such fee shall be set forth in section 9.04.200.
SECTION 10: Section 9.04.130 of Chapter 9.04 of Title 9 of the South San Francisco
Municipal Code is hereby entitled and atnended to read as follows:
9.04.130 Revocation or modification of permit.
(a) Subject to the provision of subsection (b), any pennit issued pursuant to this section
may be revoked or modified by the inclusion of additional requirements or otherwise, if
the Animal Control Officer has reasonable cause to believe any of the following to be
true:
(I) The dangerous aniInal Owner or any person the Owner has allowed to have
possession of the aniInal has violated any local animal ordinances, or is in
violation of any zoning, health at1d safety or building ordinance or Penal Code
section relating to the keeping, care or use of any animals;
(2) The Owner or any person the Owner has allowed to have possession of the
animal has violated any rules, regulations or conditions of this Chapter including
but not limited to dangerous aniInal permit conditions, or any requirement
imposed by the Animal Control Officer, Peace Officer or Hearing Officer as
necessary to insure the animal will not endanger the peace, health or safety of any
person or property; or
(3) The Owner has changed the location of his residence or his place of business
or sells, assigns, transfers, donates, leases, or otherwise disposes of the animal for
which the permit was issued.
(b) In the event that it is reasonably necessary to protect against a threat to the health or
safety of the public, or of any animal, the Animal Control Officer or Peace Officer may
12 of 1 7
iInpound or cause to be impounded the aninlal while an investigation is taking place.
(c) If, after investigation, the Animal Control Officer or Peace Officer concludes that it is
probable that one or Inore of the above grounds for revocation or modification of the
permit has occurred, the Officer shall cause written notice thereof to be transmitted to the
Owner. Said notice shall specify the grounds of revocation or Inodification of the permit.
Should the Owner of the animal wish to contest the revocation or modification of the
permit, (s)he may request a hearing to be held before a hearing officer not previously
involved with the pennit issuance or investigation, as designated by the Director of the
Environmental Services Agency within five (5) calendar days of receiving the notice of
intent to modify or revoke pennit. Said hearing date shall be not less than five (5)
working days or nlore than 15 working days subsequent to the date the request for
hearing is received. The hearing shall be conducted as set forth in section 9.04.105 of this
Chapter. After the hearing, the Officer conducting the hearing may modify the tenns of
the permit or revoke the pennit depending upon the Owner's ability to comply with the
requirements of this Chapter and to control the animal so that the health, safety and
property of the public are protected.
(d) Upon written or oral notification by the Animal Control Officer, or Hearing Officer if
a hearing was held, of any modifications to a dangerous animal permit, the Owner shall
inunediately comply with such modified permit requirements.
( e) Upon written or oral notification by the Animal Control Officer, or Hearing Officer if
a hearing was held, of the revocation of a pennit for a dangerous animal, the Owner of
such animal shall within two (2) calendar days of such notification surrender said animal
to an Aninlal Control Officer to be humanely destroyed or provide written proof to an
Animal Control Officer in the form of declaration(s) under penalty of perjury that such
animal has been permanently removed from the County of San Mateo and declaring the
new location or new address where the aniInal is to be kept.
SECTION 11: Section 9.04.140 of Chapter 9.04 of Title 9 of the South San Francisco
Municipal Code is hereby mnended to read as follows:
9.04.140 Aninlals to be impounded.
(a) Every animal kept or found by an Animal Control Officer or Peace Officer under
conditions which constitute a violation of this Chapter or other state or local law may be
impounded or caused to be impounded by an Animal Control Officer or Peace Officer.
The animal's Owner shall be charged with all costs incurred or fees applicable with
respect to such impolmdment.
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(b) When the Animal Control Officer or Peace Officer has reasonable cause to believe
that any aniInal is dangerous or vicious the Animal Control Officer or Peace Officer Inay
also impound or cause to be impounded the animal and keep it for such period not to
exceed fifteen (15) days in order to observe, exanline and detennine whether or not such
aniInal is dangerous or vicious.
(c) Any animal subj ect to dangerous or vicious an inIal proceedings may be iInpounded at
the discretion of the AniInal Control Officer or Peace Officer pending notice, hearings
and deternlinations hereunder and until any required pe1111it is obtained.
(d) Except as otherwise provided in this Chapter or state law, an impounded animallnay
be redeeIned by the Owner, after paynlent of the required fees and charges and
cOInpliance with licensing requirements. In the event such animal is not so redeeIned
within the time set forth by state law, it n1ay be disposed of in the manner deteImined by
an Animal Control Officer.
SECTION 12: Section 9.04.150 of Chapter 9.04 of Title 9 of the South San Francisco
Municipal Code is hereby amended to be entitled and to read as follows:
9.04.150 Notice of impounded animals.
Within twenty-four (24) hours of the impoundment of any animal, the Animal Control
Officer shall mail a written notice thereof to the place of business or residence of the
Owner of the animal if known. In the event the animal nlay not be redeemed as provided
by subsection (d) of section 9.04.140, the Owner Inay request a hearing under section
9.04.105, subsections (a) - (g) of this Chapter or applicable state law. The Animal
Control Officer shall maintain records of said iInpoundlnent pursuant to Section 9.04.180.
SECTION 13: Section 9.04.160 of Chapter 9.04 of Title 9 of the South San Francisco
Municipal Code is hereby repealed.
SECTION 14: Section 9.04.170 of Chapter 9.04 of Title 9 of the South San Francisco
Municipal Code is hereby repealed.
SECTION 15: Section 9.04.180 of Chapter 9.04 of Title 9 of the South San Francisco
Municipal Code is hereby amended to read as follows:
9.04.180 Record of impounded animals.
The AniInal Control Program shall keep a record of all animals impounded, which record
shall include a description of the animal, the date of its receipt, the date and mamler of
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disposal, the name of the person redeeming or purchasing, and the fees and charges and
proceeds of sales received on account thereof, and such additional n1atters as Inay be
necessary and incidental to implen1enting this Chapter. Such records shall be kept for
four years.
SECTION 16. Section 9.04.190 of Chapter 9.04 of Title 9 of the South San Francisco
Municipal Code is hereby amended to read as follows:
9.04.190 Redenlption.
(a) Except as otherwise provided by this ordinance or by any other law, the Owner or
person entitled to the control or custody of any animal impounded Inay, at any time
before the sale or other disposition thereof, redeeIn the same by paying all proper fees
assessed by Animal Control Services. Animal Control Services shall issue to the Owner
duplicate receipts for the amount of the fee paid.
(b) Upon redenlption of any iInpounded unaltered animal, the Owner will be required to
pay a spay/neuter fee in the amount of $35.00 in addition to the impound fees imposed
under section 9.04.200. Such fee shall be refundable upon proof of spay/neuter of the
aniInal within thirty (30) days of the redemption date. Any unaltered animal iInpounded
twice or more within a three-year period shall be altered at the Owner's expense prior to
redeInption. At the option of the Owner, required spaying or neutering nlay be performed
by a private veterinarian.
(c) Any Owner of an impounded animal subject to mandatory spay/neuter under
subsection (b) may petition, in writing, for a hearing conducted by the Animal Control
Program Manager or his or her designee within three days following notice of the second
impoundment. The hearing shall be held within four working days of such petition and
shall be subject to the provisions of section 9.04.105, subsections (a) - (g). After the
hearing, the hearing officer Inay require that the animal be spayed or neutered at the
Owner's expense, unless the hearing officer determines that good cause exists for not
requiring that the anilnal be spayed or neutered.
SECTION 17: Section 9.04.260 of Chapter 9.04 of Title 9 of the South San Francisco
Municipal Code is hereby amended to be entitled and to read as follows:
9.04.260 Misdemeanor violations.
(a) A person violating any provision of this Chapter shall be guilty of an infraction except
as otherwise specifically provided.
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(b) A person violating any provision of subsection (a) of section 9.04.090 or subsection
(a) of section 9.04.095 of this Chapter shall be guilty of a misdemeanor.
SECTION 18: Unless specifically amended herein, the remaining sections of Chapter
9.04 of Title 9 of the South San Francisco Municipal Code shall remain in full force and
effect.
SECTION 19. SEVERABILITY
In the event any section or portion of this ordinance shall be deternlined invalid or
unconstitutional, such section or portion shall be deemed severable and all other sections
or portions hereof shall remain in full force and effect.
SECTION 20. PUBLICATION AND EFFECTIVE DATE
This Ordinance shall be published once, with the names of those City Councilmembers
voting for or against it, in the San Mateo TiInes, a newspaper of general circulation in the
City of South San Francisco, as required by law, and shall become effective thirty (30)
days from and after its adoption.
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Introduced at a regular Ineeting of the City Council of the City of South San
Francisco, held the _ day of , 2005.
Adopted as an Ordinance of the City of South San Francisco at a regular Ineeting
of the City Council held the day of , 2005 by the
following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
City Clerk
As Mayor of the City of South San Francisco, I do hereby approve the foregoing
Ordinance this day 2005.
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Mayor