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HomeMy WebLinkAboutOrd 794-1979 ORDINANCE NO. 794-79 AN ORDINANCE ESTABLISHING ANIMAL CONTROL REGULATIONS,AND'PROCEDURES THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO DOES ORDAIN AS FOLLOWS: SECTION 1. DEFINITIONS (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 jurisdiciton. (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 dulyauthorized 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 ~NTRAL RECORD~ 1. Officer, or other officer employed by the Department of Animal Control whose duties relate to the enforcement of this Ordinance. (j) TAX COLLECTORmeans that officer of the jurisdiction charged with such responsibilities, or the San Mateo County Tax Collector when so designated by the Governing Body. 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 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 remove and dispose of the carcass of any animal found on · any public highway, street, alley or other public place; To quarantine animals and to cooperate with the Counth health 0 officer; 5. To enforce provisions of this Ordinance related to regulations and prohibitions of animals so 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 e C::~,ITRAL RECORDS ,~ ,~.E 'NO..' ................ 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 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 l, 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 of any 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 o 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 purpose 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 veterinarians in their practice; and dogs kept by owners of pet shops for purposes of sale, circuses, animal exhibits or other enter- prises maintaining dogs for sale 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 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 plate or tag with such inscription thereon as are herein required. e CENTRAL RECORD~ ~iLE N 0.: ..~...~~/~- (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 along 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 within 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 section. 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 properly licensed and saddled, harnessed, haltered or leashed 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. Be I~ENTRAL RECORD:I~ (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 authorized 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 time as is required in order to observe, examine and determine whether or not such animal is diseased or vicious 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 continue to maintain such animal; other- wise, said animal shall be returned to the owner or person entitled to its possession. 0 CEi~TRAL RECORDS 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 such animal has been impounded and the date of impounding. If the owner or possessor of said animal or animals is not known 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 g. 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 bi~tten any person or other animal, is entitled to a hearing conducted by the Health Officer or otherdesignee 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 impoundment. 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 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 and charges thereon made by virtue of any of the provisions of this Ordinance. Whenever such animai is redeemed, the person redeeming shall receive from the Chief of Animal Control duplicate receipts for the same. The Chief of Animal Control shall give to any person redeeming such animal a receipt for the redemption money. 0 SECTION. 11. FEE SCHEDULE (LICENSE FEES AND~REDEMP?ION FEES) The following fees shall be collected by the Tax Collector and/or Chief of Animal Control Officer in accordance with provisions of this Ordinance. ll.1 LICENSE FEES: The following schedule sets forth the applicable license fees: 11.2 redemption fees: Type A: Type B: Type C: Type D: A. Unaltered Dogs - $12.00 B. Altered Dogs - $ 6.00 C. Late Penalties - $ 6.00 D. Duplicate Tag - $ 1.00 REDEMPTION FEES: The following schedule sets forth the applicable 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 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 Dogs Impound Cost - $10.00 Board Fee per Day - $ 3.00 Cats Impound Cost - $10.00 Board Fee per Day - $ 2.00 Bo ~iI_~ NO.J Type E: Bird, fowl, rabbit, hamster, rodent or other animal not specified or set out in this section. Impound Cost - $2.00 Board Fee per Day - $1.00 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 regulations as are necessary for the control of the dogs and other animals within said area. These rules and regulations of the 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 CE;~(TRAL RECORDS 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 County of San Mateo, or any humane society or other organization, corporation or association upon such terms and conditions as may be agreeable. SECTION 17. KEEPING OF CERTAIN ANIMALS UNLAWFUL: PERMIT REQUIRED No person, firm or corporation shall keep or allow to be kept on his or its premises within the City any live chickens, geese, ducks, turkeys, pigeons, doves, squabs, peacocks, pheasants, or similar fowl; nor any hares, rabbits, monkeys, cows, cattle, steer, horses, goats, sheep or similar animals; nor any lions, snakes or other animals which are normally wild and only uniquely a pet, except as herein otherwise provided. SECTION 18. PERMIT REQUIRED A. Every person, firm or corporations keeping any of the animals or birds enumerated in the preceding section shall first make application to the City Clerk for and be issued a permit by the City. All applications for such permits shall be in writing and shall give the following information. 1. Name of applicant, 2. Address of applicant and 3. Number and kinds of animals of birds kept or pmoposed to be kept by applicant and the location of their keeping. B. Immediately upon receipt of any such application, the City Clerk shall notify the Health Officer, w~o shall inspect the premises and submit his 10. findings to the City Clerk within fifteen {15) days after being notified to inspect. If the Health Officer finds that the premises where said animals or birds are proposed to be kept is maintained in a clean and sanitary condition and they conform to the other requirements of this Ordinance, the City Clerk shall issue a permit for the keeping of said animals and birds. Such permit shall be renewed annually. C. If the Health Officer finds that the premises inspected does not meet the requirements of this Ordinance, or that the keeping of the animals and birds listed on the application would constitute a public nuisance, or if said animals or birds would jeopardize the health of persons or expose persons or other animals to bodily injury if the animals or birds listed on the application were to escape their enclosure and run or fly at large, the City Clerk shall not issue a permit. D. The Health Officer's determination, recommending that the permit be denied, shall be subject to an appeal to the City Council. Notice of such appeal shall be filed with'the City Clerk within ten (10) days after the denial of said permit. Upon failure to file such notice within the ten {10) day period, the determination of the Health Officer shall be final and conclusive. E. A unique pet shall be defined, for the purpose of this Ordinance, as any bird, fowl, reptile or animal which normally lives in a wild habitat and is a curiosity to the local community when kept in captivity in said community, whether wild or domestic at the time of its keeping. The Health Officer shall make the initial determination as to the uniqueness of said birds, fowls, reptiles or animals, with the advice of the Humane Officer. Said determination shall be subject to appeal to the City Council. N(~tice of such appeal shall be filed with the City Clerk within ten (10) days after the Health Officer's initial determination. ll. ¢ 'gNTRAL SECTION 19. ENCLOSURE REQUIRED: ANIMALS'NOT'PERMITTED AT LARGE A. No person shall allow or permit any animal, hereinabove mentioned in Section 17, to run, crawl or fly at large. Said animals shall be confined to an escape proof enclosure, cage, house, coop with runway or aviary. When not so confined, said animals shall be kept under direct physical control by their owner or keeper by means of a leash, tether or bridle, and they shall not be allowed or permitted by said owner or keeper to constitute a public nuisance by interfering with the comfortable enjoyment of life or property by any considerable number of persons. B. Said enclosures, houses, coops or runways and aviaries shall at all times be maintained in a clean and sanitary condition by said owner or keeper, shall be cleaned once a week, or oftener if necessary, and shall at all times be kept free of offensive odors. C. No part of any such enclosure, cage, house, coop, runway or aviary shall be less than forty {40) feet from any street, nor less than ten {10} feet from the side lines of any adjacent lot, and no such enclosure, cage, house, coop, runway or aviary shall be less than forty(40) feet from any dwelling or place of business unless such dwelling or place of business is occupied by the person, company or corporation owning or renting the property uPon which the same is situated and maintaining the animals hereinabove mentioned, except as provided in the following section where the space and distance requirements are greater. SECTION 20. REQUISITES FOR KEEPING HORSES, MULES, JACKASSES, BURROS, COWS CATTLE, GOATS AND SHEEP Any horse, mule, jackass, burro, cow, cattle, goat or sheep within the City, when not in use, must be kept inside an enclosure at night. No person shall stake or tie, or leave staked or tied, or allow within one hundred {100) 12. feet of any inhabited residence such animal without the written consent of the occupant of said residence. All enclosures, barns and sheds in which there is kept any such animal shall be maintained in a sanitary condition at all times and shall comply with the sanitary rules and regulations of the Health Department of said City. In that regard, all manure shall be removed daily. In the case of horses, jackasses, mules, burros, cows and cattle, no such animal shall be stabled, staked, tied or otherwise kept or maintained on any parcel of property within City except under the following conditions: 1. The minimum lot area shall be one {1) acre or forty-three thousand five hundred sixty {43,560} square feet. A maximum of two {2) of said animals may be kept on any one such lot; 2. The minimum distance of any stable building from any neighboring property line shall be fifty (50) feet and from any neighboring house shall be one hundred fifty (150) feet; 3. The minimum distance of any stable building from any occupied residence in the same lot as such stable is situated shall be fifty (50) feet; 4. The minimum distance of any animal corral from the neighboring property line shall be thirty-five (35) feet; 5. The minimum property area per animal requirement shall not apply to duly licensed kennels nor manufacturers who use animals in the manufacture of their products. 13. CENTRAL RECORD~ SECTION 21. CERTAIN ANIMALS PROHIBITED: KEEPING ANIMALS CONSTITUTING PUBLIC~'NUISANCE A. Animals Prohibited: No person shall keep or allow to be kept within the City any stallion, swine, bull, ram or billygoat. B. Public Nuisance Prohibited: No person shall keep, maintain, permit or allow an animal or number of animals upon his or her property or premises when said animal(s) constitute a public nuisance as defined by state law; and no person occupying or leasing the property or premises of another shall keep, maintain or allow an animal or number of animals upon said property or premises when they constitute a public nuisance. C. Evidence of Public Nuisance: In the event animal{s) are kept so as to constitute a public nuisance, the City Health Officer, in the case of a health nuisance, and an Enforcement Officer, in case of any other type of nuisance, shall gather competent evidence to show that a public nuisance exists. Competent evidence shall include but not be limited to: 1. Witnesses, 2. Affidavits, and 3. Photographs. D. Keeping Certain Animals or Number of Animals May be Declared a Public Nuisance: The Health Officer or Enforcement Officer, as the case may be, shall present the above evidence to the City Council at a regular or special meeting and said Council, after presentation of the evidence, may declare the keeping of said animal or animals a public nuisance, by resolution, and order it abated by impounding said animal{s), pursuant to this Ordinance, and any permit issued by theCity for their keeping shall automatically be revoked and become null and void, said evidence shall be filed with City Clerk at the time of its 14. presentation. If a person is proceeded against pursuant to this section for a secOnd time and asa result the animals that he or she owns are impounded, they may be destroyed at the discretion of the Shelter Manager without right of redemption by said owner. E. Resolution -~Contents: shall: The resolution declaring a public nuisance Fo 1. Refer to its location by its commonly known street name and number. 2. Describe the facts which constitute a public nuisance. Notices - Manner of Posting: After passage of the resolution, the Health Officer or Enforcement Officer as the case may be, shall cause notices to be conspicuously posted on or in front of the property upon which the nuisance exists. G. Notices - Heading: The heading of the notices shall be "NOTICE TO ABATE NUISANCE" in letters not less than one inch (l") in height. H. Form of Notice: The notice shall be substantially in the following form: Notice is hereby given that on the ~day of , 19__, the City Council of the City of South San Francisco passed a resolution declaring that animals kept upon this premise (Street Address) in South San Francisco, constitutes a public nuisance which must be abated by the removal of said animals. Otherwise, the City will remove, impound and subject them to destruction pursuant to the South San Francisco Animal Control Ordinance. Reference is hereby made to the resolUtion for further particulars. A copy of said resolution is on file in the office of the City Clerk. 15. All persons objecting to the proposed removal, impounding and destruction of said animals are hereby notified to attend a meeting of the City Council of the City of South San Francisco to be held on the ~day of , 19 , at the Council Conference Room in the City Hall, 400 Grand Avenue, in the City of South San Francisco, California, at the hour of o'clock p.m., or as soon thereafter as he may be heard, and show cause, if any he has, why said animals should not be removed, impounded and destroyed. Dated this ~day of , 19___. CITY OF SOUTH SAN FRANCISCO By I. Notices- Time of Posting: The notices shall be posted at least five (5) days prior to the time for hearing objections by the City Council. J. Notices - Mailing of Notices by City Clerk: As an alternative to posting notice of the resolution and notice of the meeting when objections will be heard, the City Council may direct the City Clerk to mail written notice of the proposed abatement to the occupants of the premises upon which the public nuisance exists. Said notice shall be mailed at lea~t five (5) days prior to the time for hearing objections by the City Council and shall be substantially in the form provided in (H) above, except that it shall be signed by the City Clerk and the heading need not comply with (G) above. K. Hearing of Objections - Continuance: At the time stated in the notices, the City Council shall hear and consider all objections to the.proposed removal, impounding and destruction of the animal:.s constituting the public nuisance. It may continue the hearing from time to time. L. Order to Abate Nuisance - Form of Order: If objections have not been made or after the City Council has disposed of those made, it may order an 16. Enforcement Officer to abate the nuisance by having the animals removed and impounded and destroyed in a proper case pursuant to (D) above. The order shall be made by motion or resolution. M. Entry Upon Private Property to Abate Nuisance: The Enforcement Officer may enter upon private property to abate the nuisance with all necessary men and equipment and no person shall interfere with said Enforcement Officer in the performance of his official duties. SECTION 22. 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) for the first violation; B. A fine not exceeding one hundred dollars ($100) for a second violation of the same ordinance within one year; and C. A fine not exceeding two hundred fifty dollars ($250) for each additional violation of the same ordinance within one year. SECTION 23. 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, shall be used to offset the cost of enforcement and administra- tion of these provisions. SECTION 24. REPEAL The following City Ordinance is hereby repealed: Ordinance No. 779-78 entitled: "An Ordinance Establishing Animal Control Regulations and Procedures" 17. adopted December 6, 1978. Section 19 of Ordinance No. 779-78 repealed the ordinances therein recited. Repeal of Ordinance No. 779-78 shall not effect nor prevent the prosecution or punishment of any person for any act done or committed in violation of said Ordinance prior to the effective date of this Ordinance. SECTION 25. 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 20th day of June , 1979. 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 5th day of July , 1979, by the following vote: AYES: Councilmen Ronald G. Acosta, William A. Borba, Emanuele N. Damonte, Terry J. Mirri; Councilwoman Roberta Cerri Teglia NOES: None ABSENT: None As Mayor of the City of South San Francisco I do hereby approve the fore- going Ordinance this 5th day of July , 1979. 18. 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