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HomeMy WebLinkAboutOrd 779-1978 ORDINANCE NO. 779-78 AN ORDINANCE ESTABLISHING ANIMAL CONTROL REGULATIONS AND PROCEDURES THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO DOES ORDAIN AS FOLLOWS: SECTION 1. DIFINITIONS (a) DEPARTMENT OF ANIMAL CONTROL SERVICES means that section of the local government, or its designated contract agent, which is specifically charged with regulation and enforcement of laws dealing with animals within its jurisdiction. (b) CHIEF OF ANIMAL CONTROL means that person designated as Director of Animal Control for the local government and his duly authorized officers. (c) ANIMAL CONTROL CENTER means the facilities provided for the impounding of animals. (d) .HEALTH OFFICER means that person appointed by the Board of Supervisors of the County and any other person duly authorized by him to act on his behalf. (e) IMPOUNDMENT means the taking up and confining of an animal by the Chief of Animal_Control. (f) KENNEL means any enclosure, premises, building, structure, lot or area in or on which dogs or cats of at least four months of age are kept, harbored or maintained, for commercial purposes. (g) OWNER means member of the household or business where an animal is being kept, or a designated agent of that household or business. ,(h) PERSON means fictional entities such as corporations, estates, associations, partnerships and trusts, as well as one or more individual human beings. (i) ANIMAL CONTROL OFFICER means any Animal Control Officer, Humane Officer, or other officer employed by the Department of Animal Control whose duties relate to the enforcement of this Ordinance. (j) TAX COLLECTOR means that officer of the jurisdiction charged with such responsibilities, or the San Mateo County Tax Collector when so designated by the Governing Body. il !l Il I II SECTION 2. CHIEF OF ANIMAL CONTROL (a) RESPONSIBILITY: The Chief of Animal Control is responsible for the enforcement of this Ordinance, and his duties shall include, but not be limited to, the following: 1. To administer the animal control center and keep such records as may be required by law or by contract; 2. To take up and impound animals which are in violation of this Ordinance, or for the safe keeping of the animal to protect its health and welfare; 3. To remo~e and dispose of the carcass of any animal found on any public highway, street, alley or other public place; 4. To quarantine animals and to cooperate with the County Health Officer; 5. To enforce provisions of this Ordinance related to regula- tions and prOhibitions of animalSso designated by number, type and location. (b) ENFORCEMENT: The Chief of Animal Control and his officers shall have the duty of enforcing this Ordinance and the laws of the State of California relating to the care, treatment or impounding of animals or for the prevention of cruelty thereto. (c) AUTHORITY TO ARREST: In the performance of their duties, the Chief of Animal Control and his 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 of California, for violations of state and local animal control laws. This authority is based on Section 607(f) and (g) of the Civil Code of the State of California. SECTION 3. RABIES VACCINATIONS The owner of a dog shall have it vaccinated.by a licensed veterinarian with a canine anti-rabies vaccine approved by and in the manner prescribed by the CENTRAL RECORDS Il I ; 11 II [lin I State Department of Public Health (1) when the dog attains the age of four (4) months, which shall be the vaccination anniversary date, and {2) thereafter biennially on or before the vaccination anniversary date. SECTION 4. DOG LICENSES (a) REQUIREMENTS: The owner of every dog over the age of four (4) months harbored in this jurisdiction shall obtain an animal license therefor. New residents shall have sixty (60) days in which to acquire such license. The fee for such license shall be in accordance with the fee schedule set forth in this Ordinance. The fee paid for the licensing of spayed or neutered dogs shall be half or less of said license fee upon presentation of the proper certification. The fee paid for dogs newly acquired on September 1, or later, shall be one-half the fee set in the fee schedule herein provided. Any person who shall fail to pay such license fee after said fee is due, or said dog is required to be licensed, shall pay a penalty in accordance with said fee schedule. A license shall be obtained, but no license fee shall be payable for the licensing ofany dog which is being used for guide purposes by a handicapped resident of the jurisdiction, or for dogs'which have served as a member of the armed forces of the United States of America, or any dog currently being used by a local law enforcement agency for the purposes of crime prevention or control. Licenses herein provided for shall be signed by the Tax Collector and issued in the same manner as other licenses. Such licenses shall be numbered consecutively. (b) EXEMPTIONS: The licensing regulations in this Ordinance are not applicable to the following: Dogs used for diagnostic purposes or research, the use having been approved by the California State Board of Public Health pursuant to Section 1666 of the Health and Safety Code; dogs used for teaching purposes in recognized educational institutions; dogs which are owned by veterinarians licensed by the State and which are kept or maintained on the premises used by said veter- inarians in their practice; and dogs kept by owners of pet shops for purposes of sale, circuses, animal exhibits or other enterprises maintaining dogs for sale ~'~'~AL 3. which have been granted business licenses by the local government. (c) TAGS: The Tax Collector is hereby required to procure plates or tags having thereon the number of the license and figures indicating the year for which the fee has been paid, and he shall keep a record of the name of the owner or possessor and a description of the dog for which the license is issued and the number of the license, and he shall deliver such tag to the person paying for such license tag as provided by this Ordinance. (d) DUPLICATE TAGS: Whenever a license tag-has been stolen or lost, the owner or possessor of the dog for which the same was issued may, upon the payment of the required fee and on making and subscribing to an affidaVit of such loss and filing the same with the Tax Collector, receive a duplicate tag for the remaining portion of the license period. (e) WEARING OF TAG BY ANIMAL REQUIRED: The owner of a dog for which a license is required shall maintain around its neck a suitable Collar, having attached thereto such pl~t'e or tag with such inscription thereon as .are herein required. (f) RECORDS: The owner or operator of any kennel, animal breeding facility, pet shop, or any place or establishment where animals are sold, shall keep a permanent record of the name, address, phone number of the purchaser of any canine ~long with the breed, color, sex and age of each canine sold or given away. In addition, the owner or operator shall forward such information to the Chief of Animal Control with- in thirty (30) days of sale or transaction. The Chief of Animal Control shall have the right to inspect the records during normal business hours related to sales or transactions under the provisions of this secti, on. SECTION 5. PROHIBITED CONDUCT No owner or possessor of any animal shall cause, permit or allow the animal to do any of the following: (a) To be upon any public street, sidewalk, park, school ground, any public property, or upon any unenclosed premises in the City unless the animal is GENTRAL REGOECJ3~ II ~ II II I II I properly licensed and' dled, harnessed, haltered or 1..~hed by a substantial chain, lead rope or leash, which chain, lead rope or leash shall be continuously held by some competent person capable of controlling such animal. All cats are exempted from the provisions of this Section. (b) To trespass upon any private proPerty without the consent of the owner thereof, and it shall further be unlawful for the owner or keeper of any animal, after receiving written notice by registered mail from any owner or tenant of private property, to allow or permit the animal to remain upon the property or to habitually continue to trespass thereon. (c) To suffer or permit such animal to habitually bark or act in such a manner as to continuously disturb the peace of any citizen or otherwise be a public nuisance. (d) To be without proper and adequate food, water, shelter, care and attention pursuant to Penal Code Section 597f. SECTION 6. ANIMALS TO BE IMPOUNDED Every animal kept or found in violation of the provisions of this Ordinance' may be taken up and impounded by the Chief of Animal Control. Said animal may be redeemed by the owner or person entitled to its possession within ninety-six (96) hours thereafter on payment of such fees and charges as are herein provided; but if not so redeemed, such animal may be destroyed by the Chief of Animal Control; provided that the Chief of Animal Control is authoPized to keep and to sell them as hereinafter provided and the receipt for the sale thereof signed by the Chief of Animal Control Shall be a valid title to the purchaser, subject, however, to the right of redemption set forth in this Ordinance. SECTION 7. DISEASED OR VICIOUS ANIMALS Whenever the Chief of Animal Control shall have reasonable cause to believe that any animal either licensed or unlicensed is diseased or vicious or dangerous to any person or other animal or has bitten any person or other animal, said Chief of Animal Control is hereby directed to take custody of such animal and impound the same in a safe place for such period of t'ime as is required in order to observe, examine CENTRAL RECORDS 5. FILE NO.: .~....] .~......,~.....~.,.:?,~ and determine whether or not such animal is diseased or ~icious or dangerous or constitutes a menace to the public health or safety. It shall be the duty of the Chief of Animal Control to observe and examine any such animal and determine whether the same is diseased or vicious or dangerous or does constitute a menace to public health or safety. If it is so determined, it shall be unlawful for any person to con-' tinue to maintain such animal; otherwise, said animal shall be returned to the owner or person entitled to its possession. SECTION 8. NOTICE TO OWNERS OF ANIMALS IMPOUNDED Within twenty-four (24) hours of the impoundment of any animal, the Chief of Animal Control shall cause to be mailed to the place of business or residence of the owner or possessor of the animal, if known to said Chief of Animal Control, a written notice that s.uch animal has been impounded and the date of impounding. If the owner or possessor of said animal or animals is not know to the Chief of Animal Control, said Chief shall maintain records of said impoundment for at least thirty (30) days after the date-of impoundment. SECTION 9. HEARING FOLLOWING IMPOUNDMENT Any owner or possessor of any animal impounded pursuant to this Ordinance that is (a) found to be without proper and adequate food, water, shelter, care and attention, or (b) found to be diseased or vicious or dangerous to any person or other animal or has bitten any person or other animal, is entitled to a hearing conducted by the Health Officer or other designee into Such seizure within ten (10) days following such impoundment provided that such owner or possessor files a written request with the Chief of Animal'Control within three (3) days following written notice of such impoo.ndment. In any case, such owner or possessor is liable for all costs related to such seizure. SECTION 10. REDEMPTION The owner or person entitled to the control oP Custody of any animal im- pounded may, at any time before the sale or other disposition thereof, redeem the same by paying all proper fees and charges thereon made by virtue of any of the provisions of this Ordinance. Whenever such animal is redeemed, the person redeeming shall receive from the Chief of Animal Control duplicate receipts for the same. il II Il The Chief of Animal Control shall give to any person redeeming such animal a receipt for the redemption money. SECTION 11. FEE SCHEDULE (LICENSE FEES AND REDEMPTION FEES) The following fees shall be collected by the Tax Collector and/or Chief of Animal Control Officer in accordance with the provisions of this Ordinance. LICENSE FEES: The following schedule sets forth the applicable 11.1 license fees: A. Unaltered Dogs - $12.00 B. Altered Dogs - $ 6.00 C. Late Penalties - $ 6.00 D. Duplicate Tag - $ 1.00 '11.2 REDEMPTION FEES: The following schedule sets forth the applicable redemption fees: Type A: Horse, mare, mule, ass, bull, ox, calf or other animal of similar size. Impound Cost $25.00 Board Fee per day $ 7.50 Transportation Fee per animal $20.00 Type B: Sheep, lamb, goat, hog or other animal of similar size. Impound Cost $15.00 Board Fee per day $ 5.00 Transportation Fee per animal $ 5.00 Type C: Type D: Type E: Dogs Impound Cost $10.00 Board Fee per day $ 3.00 Cats Impound Cost $10.00 Board Fee per day $ 2.00 Bird, fowl, rabbit,~hamster, rodent or other animal not specified Or- set out in this Section. Impound Cost Board Fee per day $ 2.00 $1.oo CENTRAL RECORDS F, LE .O.: SECTION 12. LICENSE FEE TO BE'PAID UPON REDEMPTION If a license fee has not been paid for the then current period for any impounded dog, the party redeeming must, before redemption, pay such license fee. SECTION 13. RECORD OF IMPOUNDED ANIMALS The Chief of Animal Control shall keep a record of the number of all animals, impounded, showing in detail in the case of each animal, the description; date or receipt; the date and manner of 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 records as may be required. SECTION 14. EPIDEMICS The County Department of Health and Welfare may determine and declare that rabies are epidemic or that another unusually dangerous health situation exists among dogs or other animals in the jurisdiction, or in any part thereof. Upon the making of such a declaration, the County Health Officer shall prepare and promulgate such rules and regui'Jt~ons as are necessary for the control of the dogs and other animals within said area. These rules and regulations ofthe County Health Officer may include, but are not limited to quarantine, vaccination and destruction of diseased or suspected or stray animals by humane methods. It shall be the duty of~the Chief of Animal Control to assist the County Health Officer in carrying out such rules and regulations. SECTION 15. DUTY TO REPORT BITE It is the duty of any person having knowledge that any animal has bitten a human being to'report the fact immediately to the County Department of Health and Welfare, the Chief of Animal Control or the local law enforcement agency having jurisdiction and to furnish complete information thereof. SECTION 16. RIGHT TO CONTRACT FOR ANIMAL CONTROL SERVICE The Governing Body may contract for animal control services with the County of San Mateo, or any humane society or other organization, corporation.or association upon such terms and conditions as may be agreeable. il ! IT ~ IIII Be CENTRAL REC~ORD$ SECTION 17. PENALTY FOR VIOLATION Any person who commits any act declared by any provision of this Ordinance to be unlawful, or who violates the ~provisions, or fails to comply with the mandatory requirements, of any section or portion of this Ordinance, shall be punishable as for an infraction. Every violation is punishable by: (a) A fine not exceeding fifty dollars ($50.00) for the first violation; (b) A fine not exceeding one hundred dollars ($100.00) for a second violation of the same ordinance within one year; (c) A fine not exceeding two hundred fifty dollars ($250.00) for each additional violation of the same ordinance within one year. SECTION 18. USE OF LICENSE AND OTHER REVENUE All revenue derived from the fee schedule (except for board fees) and all revenue derived from fines, forfeitures.and penalties related to enforcement of this Ordinance, shal~ be used to offset the cost of enforcement and administration of these provisions. SECTION 19. REPEAL 1. The following City Ordinances are hereby repealed: Ordinance No. 564 adopted July 17, 1967, entitled "AN ORDINANCE OF THE CITY OF SOUTH SAN FRANCISCO REGULATING THE KEEPING OF DOMESTIC AND WILD ANIMALS, BIRDS, FOWLS AND REPTILES WITHIN SAID CITY; PROVIDING FOR THE IMPOUNDING AND DISPOSITION OF THEM WHEN SEIZED WHILE AT LARGE WITHIN THE CITY." 2. Ordinance No. 585 adopted January 6, 1969, entitled "AN ORDINANCE PROVIDING FOR AN INCREASE IN LICENSE FEES AND AMENDING SECTION VII OF ORDINANCE NO. 564 ADOPTED THE 17th DAY OF JULY 1967'." ~ITRAL RECORD~ 3. Ordinance No. 625 adOPted December 6, 1971, entitled "AN ORDINANCE AMENDING ORDINANCE NO. 564, AS AMENDED, PROVIDING FOR ANIMAL LICENSE FEES AND SHELTER SERVICE FEES." 4. Ordinance No. 644 adopted December 18, 1972, entitled "AN ORDINANCE AMENDING ORDINANCE NO. 564, AS AMENDED, PROVIDING FOR IMPLEMENTATION OF CITATION SYSTEM." 5. Ordinance No. 686-75 adopted March 19, 1975, entitled "AN ORDINANCE AMENDING ORDINANCE NO. 564, AS AMENDED, PROVIDING FOR ANIMAL LICENSE FEES AND SHELTER SERVICE FEES." 6. Ordinance No. 725-77 adopted January 5, 1977, entitled "AN ORDINANCE AMENDING ORDINANCE NO. 564, AS AMENDED, PROVIDING FOR LICENSE FEES, RABIES VACCINATION AND SHELTER SERVICE FEES." SECTION 20. URGENCY MEASURE This Ordinance is an urgency measure as it has for its purpose the i~rnediate preservation of the public peace, health'and safety in that it provides for the licensing and Control of animals and the collection of necessary fees therefor in the City of South San Francisco. . SECTION 21. PUBLICATION AND EFFECTIVE DATE ~ This Ordinance shall be published once,as required by law, in the Enterprise Journal, a newspaper of general circulation in the City of South San Francisco, and shall take effect immediately upon its adoption. il II iii 10. CENTRAL RECORDS Passed and adopted as an Ordinance of the City of South San Francisco at a regular Francisco this vote: 6th meeting of the City Council of the City of South San day of December , 1978, by the following AYES: NOES: ABSENT: Councilmen Ronald G. Acosta, William A. Borba, Terry J. Mirri; Councilwoman Roberta Cerri Teglia Councilman Emanuele N. Damonte None As Mayor of the City of South San Francisco, I do hereby approve the foregoing Ordinance this 6th day of December ,1978.