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HomeMy WebLinkAboutOrd 883-1981ORDINANCE NO. 883-81 AN ORDINANCE REPEALING CHAPTER 9.04 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE AND SECTIONS I THROUGH 16 OF ORDINANCE NO. 794 ENTITLED "AN ORDINANCE ESTABLISHING ANIMAL CONTROL REGULATIONS AND PROCEDURES" AND ADDING CHAPTER 9.04 ENTITLED "ANIMAL LICENSING'AND CONTROL" THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO DOES ORDAIN AS FOLLOWS: SECTION 1. CHAPTER 9.04 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE AND 'SECTIONS I THROUGH 16 OF ORDINANCE NO. 796 REPEALED. Chapter 9.04 of the South San Francisco Municipal Code and Sections i through 16 of Ordinance No. 794 are hereby repealed except that this repeal shall not affect or prevent the prosecution or punishment of any person for any act done or omitted in viol'ation of said Chapter or of said Sections of Ordinance No. 794 prior to the effective date of this Ordinance. SECTION 2. CHAPTER 9.04 ADDED TO THE SOUTH SAN FRANCISCO MUNICIPAL CODE. Chapter 9.04 is hereby added to the South San Francisco Municipal Code, and shall read as follows: "Chapter 9.04 ANIMAL LICENSING AND CONTROL Sections: 9.04.010 9.04.020 Definitions. Responsibility of Division of Animal Control Services. 9.04.030 Scope of Authority of Animal Control Officers. 9.04.040 Rabies Vaccinations. 9.04.050 Dog Licenses. 9.04.060 Prohibited Conduct. 9.04.070 Vicious Animals. 9.04.080 Permit for Dangerous and/or Vicious Animals. 9.04.090 9.04. 100 9.04.110 9.04.120 9.04.130 9.04. 140 9.04.150 9.04. 160 9.04.170 9.04. 180 9.04. 190 9.04. 200 9.04.210 9.04.010 Animals to be Impounded. Notice to Owner of Animals Impounded. Right to Appeal Following Impoundment. Appeal Hearing. Redemption. Redemption Fees. License Fee to be Paid Upon Redemption. Record of Impounded Animals. Epidemics. Duty to Report Bite. Right to Contract for Animal Control Services. Use of License and Other Revenue. Penalty for Violation. Definitions. The definitions in this Section shall apply to Chapters 9.04, 9.08 and 9.12 of this Title. A. Division of Animal Control Services means that division of the Department of Community Services of the County, or the County's designated contract agent, which is sepcifically charged with regulating and enforcing laws dealing with animal control within its jurisdiction. B. Animal Control Officer means that person designated as the Director of the Division of Animal Control Services for the County or his duly authorized officers or deputies or any individual appointed as an Animal Control Officer by the CityManager of the City of South San Francisco. C. Animal Control Shelter means the facilities provided for the impounding of animals. CENTRAL, D. Health Officer means that person who has been designated by the Board of Supervisors as the Health Officer of the County and any other person duly authorized by such Health Officer to act on his behalf. E. Impoundment means the picking up and confining of an animal by the Division of Animal Control Services. F. Owner means that person legally entitled to possession of the animal concerned or a member of the household or business where such animal is being kept or a designated agent of the person legally entitled to possession. G. Person means fictional entities such as corporations, estates, associ- ations, partnerships and trusts, as well as one or more individual human beings. H. Director of Community Services means that person so designated by the governing body of the County of San Mateo. 9.04.020 Responsibility of Division of Animal Control Services. The Division of Animal Control Services is responsible for the enforcement of this Chapter, and the duties of the Director thereof and his officers, agents and employees shall include, but not be limited to the following: 1. To administer an animal control shelter and keep such records as may be required by law or contract. 2. To impound animals which are in violation of this Chapter or for the safekeeping of the animal to protect its health and welfare. 3. To remove 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 destroy and dispose of animals after due notice to the owner and pursuant to the guidelines that may be adopted by County in implementation of this Chapter. CENTRAL REGORD 9-Sf 6. To sell, when appropriate, impounded animals after due notice to the owne r. 7. To enforce provisions of this Chapter. 9.04.030 Scope of Authority of Animal Control Officers. Animal 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 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. 9.04.040 Rabies Vaccinations. Every other year, every dog owner shall procure, from a licensed veterinarian, an anti-rabies vaccination to be adminis- tered in the manner prescribed or approved by the State Department of Public Health. 9.04.050 Dog Licenses. A. Requirements: An animal license fee shall be paid for every dog over the age of four (4) months owned and harbored in this City. Said annual license fee shall be first due when the animal reaches four (4) months of age or within sixty (60) days after the dog is acquired, and due on the anniversary date of the original purchase date each year thereafter. New residents shall have sixty (60) days in which to acquire such license. Persons renewing their license shall have thirty (30) days following their due date before being delinquent and having to pay a late penalty. The fee for such license shall be as set by Resolution of the City Council. The fee paid for the licensing of spayed or neutered dogs shall be one-half (½) of said license fee for unaltered dogs upon presentation of the proper certification. The fee paid by persons over the age of sixty-five (65) shall be one-half (½) of said license fee. 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 as set by Resolution of the City Council. A license shall be obtained, but no license fee shall be payable for the licensing of any dog which is being used for guide or hearing purposes by a handicapped resident of the Cityand which has come from a guide or hearing dog training facility, or for dogs which have serviced as a member of the Armed Forces of the Unites States of America, or any dog currently being used by a local law enforcement agency for the purposes of crime prevention or control. Dog licenses are not transferable between owners; however, if the dog dies and the owner acquires a new dog, the license is transferable to the new dog. The license does not have to be renewed until the original purchase anniversary date. Dog licenses are not refundable after being purchased. Licenses herein provided for shall be signed by the Director of Community Services. (Such licenses shall be numbered consecutively). B. Exemptions: The licensing regulations in this Chapter are not applicable to the following: 1. 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. 2. Dogs used for teaching purposes in recognized educational institutions. 3. Dogs owned by veterinarians which are licensed by the State and kept on the premises used by said veterinarians in their practice. 4. Dogs kept by owners of pet shops for purposes of sale, for circuses, for animal exhibits, or for other enterprises for which a business license has been granted by a local government. e CENTRAL RECORDS C. Tags: The Director of Community Services shall procure plates or tags which bear the number of the license and the year for which the fee has been paid. He shall also keep a record of the name of the owner or possessor together with a description of the dog for which the license is issued and the number of the license, and he shall deliver such tag to such person upon payment for such license tag, as provided by this Chapter. D. Duplicate Tags: Whenever a license tag has been lost or stolen, the owner or possessor of the dog concerned may request a duplicate tag upon payment of the required fee and on making and subscribing to an affidavit of such loss and filing the same with the Director of Community Services. E. Wearing of Tag By Animal Required: The owner of a dog for which a license is required, shall affix such license to a suitable collar, which collar shall remain on the dog at all times. 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 and phone number of the purchaser of any dog along with the breed, color, sex and age of each dog sold or given away and shall forward such information to the Division of Animal Control Services within thirty (30) days there- after. An Animal Control Officer shall have the right to inspect such records during normal business hours. 9.04.060 Prohibited Conduct. No owner or possessor of any animal shall cause or permit it 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 properly licensed and under the control of the owner by being saddled, harnessed, haltered or leashed by a substantial chain, lead rope, or leash, which chain, lead rope or e 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 to knowingly 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 to be a public nuisance. D. To be without proper and adequate food, water, shelter, care and attention, as described to in Section 597 (f) of the Penal Code. 9.04.070 Vicious Animals. Any animal, except a dog assisting a Peace Officer engaged in enforcement duties, which demonstrates any or all of the following behavior, is rebuttably presumed vicious: A. An attack, without provocation, which requires a defensive action by any person to prevent bodily injury and/or property damage in a place which such person is conducting himself peaceably and lawfully. B. An attack without provocation on another animal or livestock which occurs off the property of the owner of the attacking-animal. C. An attack, without provocation, that results in an injury to a person in a place where such person is conducting himself peaceably and lawfully. D. Any behavior, without provocation, that constitutes a physical threat of bodily harm to a person in a place where such person is conducting himself peace- ably and lawfully. For the purposes of this Section, a person is peaceably and lawfully upon the private property of an owner of the animal when he is on such property in the performance of any duty imposed upon him by the laws of this State or any city or County, or by the laws or postal regulations of the United States, or when he is on such property upon invitation, expressed or implied. 7. 9.04.080 Permit for Dangerous and/or Vicious Animals. No person shall keep, have, maintain, sell, trade or let for hire a dangerous and/or vicious animal without first obtaining a permit from the Animal Control Officer. No permit shall be required of any zoo, university, college, governmental research agency or other bona fide scientific institution, as determined by the Animal Control Officer, engaging in scientific or public health research. For the purpose of this Section, a zoo shall be considered any organization which exhibits animals to the general public at regular specified hours, equaling at least thirty (30) hours a week for thirty-six (36) weeks a year, and whose animals, whether maintained for exhibit purposes or not, are not for sale to private individuals. The owner of a vicious and/or dangerous animal shall post the entrances to the property where the animal is kept with a legible sign-of at least twelve(12) inches square, warning persons of a vicious and/or dangerous animal. 9.04.090 Animals to Be Impounded. Every animal kept or found under conditions which constitute a violation of this Chapter may be impounded by an Animal Control Officer. Such animal may be redeemed by the owner or person entitled to its possession within ninety-six (96) hours thereafter on payment of the required fees and charges. In the event such animal is not redeemed, it may either be sold or destroyed by an Animal Control Officer. 9.04.110 Right to Appeal Following Impoundment. Any owner of any animal impounded pursuant to this Chapter is entitled to a hearing conducted by the Health Officer or by his designees within ten (10) days following such impound- ment provided such owner or possessor files a written request therefor with the Division of Animal Control Services within three (3) days following written notice of such impoundment. In any case, such owner or possessor is liable for all costs related to such impoundment. CENTRAL RECORDS 9.04.120 Appeal Hearing. A. At the appeal hearing, petitioner and the Animal Control Division may be represented by counsel, may present oral and written evidence, and may cross- examine witnesses. Strict rules of evidence need not apply. 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 decision of the Health Officer or his designee shall be supported by the weight of the evidence and shall be final. The petitioner shall be given written notice of the decision within fifteen (15) days of the hearing. B. After an animal has bitten or injured a person or other animal without provocation on one occasion, the Health Officer or his designee, according to this Chapter, may declare said animal to be vicious or dangerous as defined in this Chapter. He may then require the owner, before the animal is released to his custody, to obtain a permit under Section 9.04.080 and sign an agreement which contains conditions, such as, but not limited to, the following: The owner agrees as a condition of the animal's release to him: 1. To keep the animal confined on his premises in an enclosure approved by the Administrator; 2. To keep the animal securely muzzled, leashed and under the control of a person eighteen (18) years of age or older and who is physically capable of re- straining the animal when the animal is off his property; 3. A violation of this agreement will result in the animal being impounded and destroyed; 4. To prove financial responsibility by posting a bond or certificate of insurance in the amount of Ten Thousand Dollars ($10,000.00) or more; and 5. To inform, along with animal control, any city, county, postmaster, utility company meter readers, and anyone else who comes on the property with implied consent or peaceably and lawfully of the animal's viciousness if the animal is moved into an area. II I I I]I o CENTRAL RECOP, DS If the Health Officer makes a findi.ng based upon evidence presented in the hearing that an animal's continued existence is a clear and present danger to the public health or safety, said Officer may decide that the owner of the animal shall lose all rights of ownership and control of the animal, and may order that the animal be destroyed. Any violations of this agreement or this Chapter is an infraction which may result in the prosecution of any person by the District Attorney or City Attorney. 9.04.130 Redemption. The owner or person entitled to the control or custody of any animal impounded may, at any time before the sale or other disposition there- of, redeem the same by paying all proper fees assessed by the Division of Animal Control Services. The Chief of Animal Control shall issue to the owner duplicate receipts for the amount of the fee paid. 9.04.140 Redemption Fees. Fees for animal shelter services shall be set by resolution of the City Council. No animal shall be released to its owner or possessor unless and until such fees are paid in full. 9.04.150 License Fee to be Paid Upon Redemption, No impounded dog may be redeemed unless and until its license fee has been paid. 9.04.160 Record of ImPounded Animals. The Animal Control Shelter 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 name of the person redeeming or purchasing, and the fees and charges and proceeds of sales received on account thereof, and such additional matters as may be necessary and incidental to implementing this Chapter. 9.04.170 Epidemics. The County Department of Health Services may determine and declare that rabies or other contagious disease are epidemic or that other health and safety hazards exist among dogs or other animals within the County. 10. CENTRAL. RECORDS Upon the making of such a declaration, the County Health Officer shall prepare and promulgate such orders, rules and regulations as are necessary for appropriate control of all the animals concerned within the County. Said rules and regulations of the County Health Officer may include, but not be limited to, impoundment, quarantine, vaccination or destruction. It shall be the duty of the animal control officers to assist the County Health Officer in carrying out such rules and reg- ulations. 9.04.180 Duty to Report Bite. It is the duty of every person having knowledge that any animal has bitten a human being to report the fact immediately to the County Department of Health Services, the Division of Animal Control Services or to the local law enforcement agency having jurisdiction. 9.04.190 Right to Contract for Animal Control Services. The Governing Body may contract for animal control services with the County or any humane society or other organization, corporation or association upon such terms and conditions as may be agreeable. 9.04.200 Use of License and Other Revenue. All revenue derived from fees, fines, forfeitures and penalties related to the enforcement of this Chapter shall be used to offset the cost of enforcement and administration of this Chapter. 9.04.210 Penalty for Violation. Any person violating any provision of this Chapter shall be guilty of an infraction and upon conviction, shall be punished as set forth in Section 36900 of the Government Code." SECTION 3. SEVERABILITY. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional or invalid, such decision shall not affect the validity of the~ remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, sub- 11. CE{~TRAL R -~. CORDS section, sentence, clause or phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases be declared uncon- stitutional or invalid. SECTION 4. PUBLICATION AND EFFECTIVE DATE. This Ordinance shall be published once in the Enterprise-Journal, 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. Introduced this 2nd day of December , 1981. Passed and adopted as an Ordinance of the City of South San Francisco at a regular meeting of the City Council of the City of South San Francisco this 16th day of December , 19 81 , by the following vote: AYES: NOES: ABSENT: Councilmembers Ronald G. Acosta, Mark N. Addiego, Emanuele N. Damonte, Gus Nicolopulos; and Roberta Cerri Teglia None None As Mayor of the City of South San Francisco, I do hereby approve the foregoing Ordinance this 16thday of December , 19 81 Mayo~ /~ 12. CEbITRAL P~ECORDS