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HomeMy WebLinkAboutOrd 958-1984ORDINANCE NO, 958-84 AN ORDINANCE REPEALING CHAPTER 9~04 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE AND ADDING CHAPTER 9~04 ENTITLED "ANIMAL LICENSING AND CONTROL" THERETO 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 CHAPTER 9.04 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE REPEALED Chapter 9;04 of the South San Francisco Municipal Code is hereby repealed except that this repeal shall not affect or prevent the prosecution or punish- ment of any person for any act done or omitted in violation of said Chapter 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 9~047030 9~04;040 9~04~050 9~04;060 9;04~070 9.04~080 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;220 9~04.230 9;04;240 9,04.250 Definitions7 Animal Control Program, Responsibility, Scope of Authority of Animal Control Officers~ Rabies Vaccinations~ Dog Licenses; Prohibited Conduct; Permit for Dangerous Animals~ Issuance of Permit for Dangerous Animal. Revocation and Suspension of Permit. Inspection~ Rules and Regulations. Violation a Misdemeanor, Animals to be Impounded~ Notice to Owner of Animals Impounded. Right to Hearing following Impoundment. Conduct of 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~ 9~04,010 Definitions. The definitions in this Section shall apply to Chapters 9~04, 9~08 and 9~12 of this Title~ A. "Animal Control Officer" means that person designated as the Director of the Division of Animal Control Services for the County or his duly author- ized officers or deputies, as well as the Executive Director of the County's Contract Agent and his duly authorized officers or deputies, or any individual appointed as an Animal Control Officer by the City Manager of the City of South San Francisco, pursuant to Civil Code Section 607(f)~ B~ "Animal Control Program" means that program within the Division of Animal Control Services of the Department of Community Services 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 for the impounding of animals. D. "Attack Trained Dog" means any dog which is trained or being trained to attack, on command, a person or animal. El "Dangerous Animal" means any animal that could create a danger or con- stitutes a menace to the public's health and safety due to its training or the inherent nature of the species~ Dangerous animals shall include, but not be limited to. exotic animals, attack trained dogs, guard dogs, and any vicious animal as defined by this ordinance. F~ "Director of Community Services" means that person so designated by the governing body of the County of San Mateo. G~ "Dog Licensing Program" means that program within the Division of Animal Control Services of the Department of Community Services of the County which is specifically charged with regulating, enforcing and selling dog licenses in San Mateo County. -2- H~ "Exotic Animal" means any non-domestic animal which normally lives in a wild habitat, which is kept uniquely as a pet, whether the animal is wild or tamed at the time of its keeping. I. "Guard Dog" means any dog trained to guard, protect, patrol, or defend any premises, area, yard. or to guard any person or property with or without the need for direct human supervision~ J, "Guard Dog Company" means any person who agrees to furnish trained sentry~ guard, attack or narcotic detection dogs for hire. K. "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~ L~ "Impoundment" means the picking up and confining of an animal by the Animal Control Program. M~ "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~ N~ "Person" includes corporations', estates, associations, partnerships, and trusts, as well as one or more individual~ O~ "Vicious Animal" means 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: (1) 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~ =3= (2) An attack without provocation on another animal or livestock which occurs off the property of the owner of the attacking animal~ (3) An attack, without provocation, that results in an injury to a person in a place where such person is conducting himself peaceably and lawfully~ (4) Any behavior~ without provocation, that constitutes a physical threat of bodily harm to a person in a place where such person is conducting himself peaceably and lawfully~ For the purposes of this definition', 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~ 9~04~020 Animal Control Program~ Responsibility The Animal Control Program 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 under the direction of the County Health Officer~ 5. To destroy and dispose of animals after due notice to the owner and pursuant to the procedures set forth herein. 6~ owner~ 7. To sell, when appropriate', impounded animals after due notice to the To enforce all provisions of this Chapter~ -4- 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, in part, on Section 607(g) of the California Civil Code, 9~04~040 Rabies Vaccinations. Every dog owner, after his/her dog attains the age of four (4) months of age shall procure, every other year~ from a licensed veterinarian, an anti-rabies vaccination to be administred in the manner prescribed or approved by the State Department of Public Health~ 9~04~050 Dog Licenses~ A. Requirments: An annual license fee shall be paid for every dog over the age of four (4) months owned and harbored in this City~ Said annual lic- ense 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 delin- quent and having to pay a late penalty. The fee for such license shall be as set forth in the Master Fee Schedule of the City of South San Francisco adopted by Resolution of the City Council~ The fee paid for the licensing of spayed or neutered dogs shall be one-half (1/2) of said license fee for unaltered dogs upon presentation of the proper certification~ The fee paid by persons over the age of sixty (60) shall be one-half (1/2) 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 forth in the Master Fee Scheule of the City of South San Francisco adopted by Resolution of the City -5= Council~ A license shall be obtained~ but no license fee shall be payable for the licensing of any dog which is being trained for guide or hearing purpose by a resident of the City or used for guide or hearing purposes by a handicapped resident of the City and which has come from a guide or hearing dog training facility 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 enforce- ment agency for the purposes of crime prevention or control~ Dog licenses are not transferrable between owners; however', if the dog dies and the owner acquires a new dog. the license is transferrable to the new dog~ The license does not have to be renewed until the original purchase anniversary date. The fee paid for a dog license is not refundable~ Licenses required herein shall be signed by the Director of Community Services. Such licenses shall be numbered consecu- tively~ B. Exemptions: The licensing provisions 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 Department of Health Services pursuant to Section 1666 of the Health and Safety Code~ 2~ Dogs used for teaching purposes in recognized educational institu- tions. 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~ 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~ -6- 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 a license as provided by this Chapter. Di Duplicate Tags: Whenever a 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 Director of Community Services. El Wearing of Tag by Dog Required: The owner of a dog for which a license is required, shall affix the tag to a suitable collar, which collar shall remain on the dog at all times. Fi 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 Animal Control Program within thirty (30) days thereafter~ An Animal Control Officer shall have the right to inspect such records during normal business hoursl 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, if such licensing is required hereunder, 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 leash shall be continuously held by some competent person capable of controlling such animal~ All domestic cats are exempted from the provisions of this Subsection. -7- 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 meow 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 in Section 597 (f) of the Penal Code. 9~04~070 Permit for Dangerous Animals~ A~ No person shall keep~ have, maintain, sell. trade~ or let for hire a dangerous animal without first obtaining a permit from the Animal Control Officer~ 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 and des- cription of the proposed location of where the animal will be kept, if different than applicant's, and a complete description of the animal~ A permit obtained under this section is not transferrable~ B. Except as otherwise provided in this Ordinance. a permit obtained under this section is valid for as long as the Permittee owns the animal; however, when Permittee's address or the location where the animal is kept changes, the permit automatically becomes void and a new application must be submitted to the Animal Control Program~ There shall be no fee assessed for this permit~ C~ The owner of a 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 the presence of a dangerous animal~. DJ This Section 9.04~070 shall not be applicable to (1) any zoo, or to any -8- university', college, governmental research agency, or other bona fide scientific institution, which, in the opinion of the Division of Animal Control, is engaged in scientific or public health research. For the purpose of this section~ a zoo shall be considered an 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; and (2) any owners of establish- ments which treat or board animals on the premises and which are owned or opera- ted by veterinarians licensed by the State of California. or any owners of pet shops which house animals for the purposes of sale; provided~ however, that the owner or operator shall keep a permanent record of the name, address, and phone number of the purchaser of any animal along with the breed~ color, sex and age of each animal sold or given away and shall forward such information to the Division of Animal Control Services within ten (10) days after the transfer of the animal~ The Animal Control Officer shall have the right to inspect such records during normal business hours. 9~09,080 Issuance of Permit for Dangerous Animal. At the discretion of the Animal Control Officer, the issuance of the permit can be conditioned upon the animal owner promising to adhere to any reasonable criteria related to the proper care and use of the animal which the Animal Control Officer shall establish~ B. Guard Dogs~ As a condition to the issuance of the permit, each guard dog shall at all times wear an identification tag which will be provided by the sentry company', trainer or owner who furnishes the dog for hire~ Such identification tag shall contain, but not be limited to the following information: =9- 1, The name of the dog; 2. The name, address and telephone number of the company or trainer furnishing said dog. In cases where the dog is let for hire, the telephone number must be a number which is manned by a person twenty-four (24) hours a day every day of the year. The identifica- tion tag required by this Section shall be in addition to any tag required or issued by an agency of the government to show that the dog is immunized or inoculated against disease~ C~ The premises on which a guard dog or dangerous animal is kept, leased, let or hired shall have a sign posted in a conspicious place with the phone number of the person who kept, leased, let or hired such animal~ 9.04~090 Revocation and Suspension of Permit. A. Grounds for Revocation or Suspension. Subject to the provision of Section 9~04~080(C), any permit issued pursuant to this article may be revoked or at the discretion of the Animal Control Officer suspended for a period of up to three (3) months, if the Animal Control Officer finds any of the following to be true: 1. The Permittee, or the person caring for or having control, or his agent has been convicted of any offense involving the violation of local animal ordinances, the Penal Code, or is in violation of any zoning, health and safety or building ordinance relating to the keeping of any animals; 2. The Permittee has failed to keep and maintain the premises or hous- ing for the animals in a clean and sanitary condition; 3~ The Permittee has failed to provide the animal with proper food, water, shelter or attention; -10- 4, The Permittee has violated any rules, regulations or conditions adopted by the Animal Control Program as necessary to insure the animal will not endanger the peace, health or safety of any person or property; or 5. The Permittee has changed the location of his residence or his place of business or sells, assigns, transfers, donates, leases, or other- wise disposes of the animal for which the permit was issued, Bi With respect to guard dogs, any violation of "The Dog Act of 1969" (commencing at Section 25970 of the Health and Safety Code) will result in the suspension of permit pending investigation and a decision by the Animal Control Program~ pursuant to the provisions of Section 9.04~080(C), C. If~ after investigation~ the Animal Control Program concludes that it is probable that one or more of the above grounds for revocation has occurred~ it shall cause written notice thereof to be transmitted by mail to the address of the Permittee, Said notice shall specify the grounds of possible revocation of the permit and shall specify a date and time for an informal hearing to be held before an Animal Control Officer, Said date shall be not less than five (5) days subsequent to the date the notice is mailed~ After the informal hearing, the Animal Control Officer may modify the terms of the permit or revoke the permit depending upon the Permittee's ability and/or willingness to comply with the requirements of this article~ D. In the event that it is reasonably necessary to protect against an immediate threat or danger to the public or to an animal's health or safety', the Animal Control Program may suspend any permit and impound the animal without a hearing, for a period not to exceed thirty (30) days~ -11- 9~04~100 Inspection~ Permits issued pursuant to this Ordinance shall pro- vide that~ as a condition for issuance, the premises upon which an animal is maintained shall be opened at any reasonable hour for inspection by the Director of his designee and that said premises shall be surrendered for inspection by the Permittee upon the request of the Animal Control Program~ 9~04.110 Rules and Regulations~ The Animal Control Program may adopt and publish rules and regulations in conformity with. and for the purpose of carrying out the intent of this Ordinance. Compliance with such rules and regulations shall be a pre-requisite to the issuance and continued validity of any permit provided for in this Ordinance~ 9~04~120 Violation a Misdemeanor~ Notwithstanding any other provisions of this Ordinance, a violation of Sections 9~04,080 through 9,04~120 shall be a misdemeanor. 9.04~130 Animals to be Impounded~ Every animal kept or found under conti- tions which constitute a violation of this Ordinance may be impounded by an Animal Control Officer~ With respect to diseased or dangerous animals~ the Animal Control Officer or his designee shall have the authority to enter the premises at any reasonable hour in a lawful manner, and to take up~ impound~ and safely keep an animal~ Upon denial, revocation, or suspension of a permit or when any owner refuses to apply for a permit Animal Control Officer may also impound the animal~ Except as otherwise provided hereunder'~ an impounded animal may be redeemed by the owner or person entitled to its possession', after payment of the required fees and charges~ In the event such animal is not so redeemed within ninety-six (96) hours~ it may be either sold or destroyed, in the discre- tion of the Animal Control Program~ -12- 9~04~140 Notice to Owner of Animals Impounded~ Within twenty-four (24) hours of the impoundment of any animal, the Animal Control Program shall mail a written notice thereof to the place of business or residence of the owner of the animal~ The Animal Control Officer shall maintain records of said impoundment pursuant to Section 9.04~200~ 9,04~150 Right to Hearing following Impoundment~ Any person owning or law- fully possessing any animal impounded pursuant to this Chapter is entitled to a hearing conducted by the Health Officer or by his designee (the "Hearing Officer") within ten (10) days following such impoundment provided such owner or possessor files a written request therefor with the Animal Program Control within three (3) days following written notice of such impoundment~ Unless the Hearing Officer otherwise determines, such owner or possessor is liable for all costs related to such impoundment~ 9~04~160 Conduct of Hearing~ A~ At the hearing, petitioner and the Animal Control Program may be repre- sented 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~ The Hearing Officer or his designee according to this Chapter, may rule that the owner or possessor will lose all rights of ownership and control of the animal; may order that the animal be destroyed if the animal has bitten or in- injured a person; may declare an animal to be vicious or dangerous as defined in -13- this Chapter; and may require the owner or possessor before the animal is re- leased to his custody to obtain a permit pursuant to Section 9~04~080 and sign an agreement which contains conditions, such as, but not limited to, the following: (1) The owner shall keep the animal confined on his premises in an enclosure approved by the Health Officer or his designee; (2) The owner shall keep the animal securely muzzled, leashed and under the control of a person eighteen (18) years of age or older', and who is physic- ally capable of restraining the animal when the animal is off his property; (3) The owner shall prove financial responsibility by posting a bond or certificate of insuance for the amount of $10~000~00', or more; (4) The owner shall inform, along with the Animal Control Program, any City, County or postal service employee', utility company meter readers~, and anyone else, who comes onto the property with implied consent or peaceably and lawfully~ of the animal's viciousness if the animal is moved; and (5) The owner shall require the animal to wear an identification tag as required by Section 9~04~080~ A violation of this agreement may result in the animal being impounded and destroyed~ 9~04.170 Redemption~ Except as otherwise required by this Chapter 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 the Animal Control Program~ The Animal Control Program shall issue to the owner duplicate receipts for the amounts of the fee paid~ 9~04~180 Redemption Fees'. Fees for animal shelter services shall be as set forth in the Master Fee Schedule of South San Franciso adopted 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. -14- 9~04~190 License Fee to be Paid Upon Redemption~ No impounded dog may be redeemed unless and until its license fee and applicable penalty has been paid. 9~04.200 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~ Such records shall be kept for five (5) years~ 9~04~210 Epidemics~ The County Department of Health Services may determine and declare that rabies or other contagious diseases are epidemic or that other health and safety hazards exist among dogs or other animals within the City~ Upon the making of such a declaration, the County Health Officer shall prepare and promulgate such orders, rules, and regulations as are necessary for appro- priate control of all the animals concerned within the City~ Said rules and regulations of the County Health Officer may include, but are not limited to. impoundment~ quarantine, vaccination, or destruction, It shall be the duty of Animal Control Officers to assist the County Health Officer in carrying out such rules and regulations. 9~04,220 Duty to Report Bite~ It is the duty of every person having know- ledge that any animal has bitten a human being to report that fact immediately to the County Department of Health Services, Animal Control Program or to the Police Department of this City. 9.'04~230 Right to Contract for Animal Control Service~ The City Council 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. -15- 9~04.240 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. 9.04~250 Penalty for Violation~ Except as specifically stated elsewhere herein~ 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~ subsection, sentence, clause or phrase thereof~ irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional or invalid~ SECTION 4~ PUBLICATION. Pursuant to the provisions of Government Code Section 36933, a Summary of this Ordinance shall be prepared by the City Attorney~ At least five (5) days prior to the Council meeting at which this Ordinance is scheduled to be adopted, the City Clerk shall (1) publish the summary, and (2) post in the City Clerk's Office a certified copy of this Ordinance. Within fifteen (15) days after the adoption of this Ordinance, the City Clerk shall (1) publish the Summary, and (2) post in the City Clerk's Office a certified copy of the full text of this Ordinance along with the names of those City Council members voting for and against this Ordinance or otherwise voting, -16- SECTION 5.' EFFECTIVE DATE.' This Ordinance shall become effective thirty (30) days from and after its adoption Introduced this 25th day of July , 19 84 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 this8th day of August , 19 84 , by the following vote: AYES: Councilmembers Mark N. Addiego, Emanuele N. Damonte, Richard A. Haffey, Gus Nicolopulos; and 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 8th day of Auqust , 1984 . -17- !