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HomeMy WebLinkAboutOrd 1023-1987ORDINANCE NO. 1023-87 AN ORDINANCE REPEALING CHAPTER 9.04 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE AND ADDING A NEW 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 Chapter 9.04 (Ordinance No. 958) of the South San Francisco Municipal Code is hereby repealed, except that this repeal shall not affect or prevent the prosecution or punishment of any person for any act done or omitted in violation of said Chapter prior to the effective date of this ordinance. SECTION 2. A new Chapter 9.04 entitled "Animal Licensing and Control" is hereby added to the South San Francisco Municipal Code to read: CHAPTER 9.04 ANIMAL LICENSING AND CONTROL Sections: 9.04. 010 9.04. 020 9.04. 030 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 9.04.260 Definitions Animal control program - Responsibility Scope of authority of animal control officers Rabies vaccinations Dog licenses Public protection from dogs Prohibited conduct Protection of animals in motor vehicles Permit for dangerous animals Issuance of permit for dangerous animal Rules and regulations for dangerous animals Inspection of dangerous animals Revocation of permit Animals to be impounded Notice to owner of animals impounded Right to hearing following impoundment Conduct of hearing Record of impounded animals Redemption Redemption fees License fee to be paid upon redemption Epidemics Duty to report bite Quarantine fee Use of license and other revenue Penalty for violation Section 9~04~010 Definitions~ The definitions in this section shall apply throughout Title 9 of the South San Francisco Municipal Code. (a) "Animal control officer" means the person designated as the director of the division of animal control services of the department of community services for the County of San Mateo or his duly authorized 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, pursuant to Civil Code Section 607f. (b) "Animal control program" means the program within the division of animal control services of the department of community services of the County of San Mateo, 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) "Director of community services" means the person so designated by the governing body of the County of San Mateo. (e) "Dog licensing program" means the program within the division of animal control services of the department of community services for the County of San Mateo, which is specifically charged with regulating, enforcing and selling dog licenses in the county. (f) "Health officer" means the person who has been designated by the board of supervisors as the health officer of the County of San Mateo and any other person duly authorized by such health officer to act on his behalf. (g) "Impoundment" means the picking up and confining of an animal by the animal control program. (h) "Owner" means the 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. (i) "Person" means any individual, corporation, estate, association, partnership, or trust. (j) "Dangerous animal" means any animal, except a trained dog assisting a peace officer engaged in law enforcement duties, which demonstrates any or all of the following behavior: (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; -2- (2) An attack without provocation on another animal livestock which occurs off the property of the owner of the attacking animal; or (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) A violation of running or being at large off of the animal owner's property and harassment or molestation of person(s); (5) An animal that creates a danger or constitutes a menace to the public's health and safety due to its training or the in- herent nature of the animal; (6) A dog which has scars or wounds which are attributable to fights or altercations with another animal. (k) "Peaceably and lawfully" means a person is upon the private property of an owner of the animal when he is on such property in the per- formance 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 by the owner or his/her designee. Section 9.04.020 Animal control program--Responsibility. The animal control program is responsible for the enforcement of this chapter. The duties of the director thereof and his officers, agents and employees shall include, but not be limited to the following: (a) To administer an animal control shelter and keep such records as may be required by law or contract; (b) To impound animals which are in violation of this chapter or for the safekeeping of the animal to protect its health and welfare; (c) To remove and dispose of the carcass of any animal found on any public highway, street, alley or other public place; (d) officer; To quarantine animals under the direction of the county health (e) To destroy and dispose of animals after due notice to the owner and pursuant to the procedures set forth herein; (f) the owner; To sell, when appropriate, impounded animals after due notice to (g) To enforce all provisions of this chapter. -3- Section 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 607g of the California Civil Code. Section 9.04.040 Rabies vaccinations. Every dog owner, after his/her dog attains the age of four (4) months shall procure from a licensed veterinarian, an anti-rabies vaccination to be administred in the manner prescribed or approved by the State Department of Public Health. This vaccination shall be obtained prior to issuing a license for the dog. In addition, proof of vaccination shall be provided to the licensing program. Section 9.04.050 DoQ 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. The 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 forth in the master fee schedule of the city 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 the 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 the license fee. Any person who fails to pay such license fee after the fee is due, or the dog is required to be licensed, shall pay a penalty as set forth in the master fee schedule of the city adopted by resolution of the city council. The fee paid for a dog license is not refundable. 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 purposes 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 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 shall be renewed upon the anniversary date of the original purchase for the now deceased dog. Licenses required herein shall be signed by the director of community services. Such licenses shall be numbered consecutively. -4- (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 institutions; (3) Dogs owned by veterinarians which are licensed by the state and kept on the premises used by the 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. 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. (d) 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 the director of community services. (e) Wearing of Tag by Dog Required. The owner or possessor 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. (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 animal control program within thirty (30) days thereafter. An animal control officer shall have the right to inspect such records during normal business hours. -5- Section 9~04~060 Public protection from dogs~ (a) Every owner or possessor of a dog shall at all times prevent such dog from biting or physically harassing any person engaged in a lawful act or interfering with the lawful use of public or private property. (b) Every owner or possessor of a dog shall at all times prevent such dog from causing substantial injury to another domestic animal which is lawfully upon public or private property. Substantial injury means any injury which results in veterinarian treatment or death. (c) Every owner or possessor of a dog shall desist from commanding or provoking such dog to attack, sic or threaten any person who is peaceably and lawfully upon public or private property. (d) Any person who violates this section is guilty of a misdemeanor. A trained dog assisting a peace officer engaged in law enforcement duties is excluded from this section. (e) Nothing in subsection (a) of this section shall authorize the bringing of a criminal action arising out of bite(s) upon or physical harass- ment of members of the dog owners or possessors household. Section 9.04.070 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 or possessor 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; (b) To trespass upon any private property without the consent of the owner or operator 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 adquate food, water, shelter, care and attention, as described in Section 597f of the Penal Code. -6- Section 9~04~080 Protection of animals in motor vehicles, (a) No person, other than an individual actually working a dog or other animal for ranching purposes, shall transport or carry on any public highway or public roadway, any dog or other animal in a motor vehicle unless the dog or other animal is safely enclosed within the vehicle or protected by a cap or container, cage, cross-tether or other device to prevent the animal from falling from, being thrown from, or jumping from the motor vehicle. As used herein "motor vehicle" includes, without limitation, automobile, pickup truck and trailer. (b) No person shall leave a dog or other animal in any unattended motor vehicle without adequate ventilation, sanitary conditions, or in such a manner as to subject the animal to extreme temperatures which adversely affect the animal's health or safety. (c) Any animal control officer or law enforcement officer who witnesses a violation of this section shall have the right to impound the animal, if, in the officer's opinion the animal's health or safety is or will be endangered. Section 9.04.090 Permit for dangerous animals. (a) No person shall knowingly keep, have, maintain, sell, trade, or let for hire an animal previously identified as dangerous without obtaining a dangerous animal permit from the animal control officer. Violation of this requirement shall constitute a misdemeanor. (b) Upon receipt of written or oral notification by the animal control officer that an animal is dangerous as defined by this chapter, the owner or possessor shall submit an application for a dangerous animal permit to the animal control officer within five (5) days. The application for a permit shall contain the name of the applicant, applicant's address, the applicant's home and business phone numbers, the address and description of the proposed location of where the animal will be kept, if different from applicant's, and a complete description and photograph of the animal. (c) If the owner or possessor of an animal disputes the identifi- cation of the animal as a dangerous animal, the owner or possessor may submit a written request for a hearing to the animal control officer who made the identification within five (5) working days of notification. Failure of the owner or possessor to request a hearing shall result in the animal being declared dangerous and the owner or possessor shall be subject to compliance with this section. (d) The hearing pursuant to this section shall be conducted by the director of community services or a designated representative. Hearings shall be held not more than ten (10) days from the receipt of the request for the hearing and shall be conducted in an informal manner consistent with due -7- process. A hearing may be continued if the hearing officer deems it necessary and proper or if the owner' possessor or animal control officer shows good cause' Both the owner or possessor of the animal and animal control services may present relevant evidence and call and cross examine witnesses, but the strict rules of evidence shall not be applicable. The hearing officer shall render a brief written decision which shall be final within ten (10) days of the hearing. Unless the hearing officer otherwise determines, the owner or possessor is liable for all costs related to such hearing not to exceed two hundred and fifty dollars ($250.00). The failure to conduct a hearing required by this section shall have no bearing on any criminal prosecution for violation of any provisions of this chapter. (e) A permit obtained under this section is not transferable. When the 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 officer. Violation of this subsection shall be a misdemeanor. (f) This permit is subject to renewal and approval every year. The permittee shall pay an annual fee for this permit pursuant to the procedures established by the division of animal control services. If the permittee fails to file an application for renewal or pay the permit fee prior to the permit anniversary date the permit automatically becomes void. The fee for such permit shall be as set forth in the master fee schedule of the city adopted by resolution of the city council. This fee shall not be refundable. Section 9.04.100 Issuance of permit for dangerous animal. (a) The issuance of the permit shall be conditioned upon the animal owner or possessor promising to adhere to the rules and regulations specified in Section 9.04.110 and to any reasonable criteria related to the proper care, control, maintenance and use of the animal which the animal control officer shall establish. (b) The approval of the application can be conditioned upon whether the owner or possessor has a history of complaints filed with the animal control officer for violation of any sections of this chapter relating to the care and control of animals and/or the owner or possessor's ability to conform to the provisions of this section. Section 9.04.110 Rules and regulations for dangerous animals. The division of animal control services hereby establishes that any owner or possessor of a dangerous animal shall adhere to the following rules and regulations: (a) When the animal is off its property it must be restrained with a leash not to exceed four (4) feet in length and must be under the direct control and supervision of the owner or possessor of such animal. Extraordinary care shall be taken by the owner or possessor to ensure that such leash is sufficient -8- to control the animal in a manner which will not endanger other persons or animals; (b) The animal must be maintained so that it is no threat to any mail carrier, sanitation worker, meter person, or other person who has the lawful right to enter the property, either by express or implied consent, where the animal is maintained; (c) The animal is not allowed to be upon any unenclosed premise unless it is leashed and controlled by a person capable of controlling such animal. The animal may not be tethered, tied or staked on any unenclosed premise; (d) The animal must be kept in a fenced yard, kennel, run or enclosure approved by the animal control officer. The owner or possessor shall inspect the fenced yard, kennel, run or enclosure periodically to ensure that it is secure to maintain the animal; (e) The owner or possessor of a dangerous animal shall post the entrances to the property where the animal is kept with a legible sign conspi- cuous to the public warning persons of the presence of a dangerous animal; (f) The owner or possessor of a dangerous animal must advise all members that reside in the same household and on the same premises of the conditions as established by the permit for keeping or maintaining the dangerous animal; (g) The owner or possessor shall strictly comply with all local and state laws regarding the care, use, control and maintenance of animals; (h) In addition to a dog license, the animal shall at all times wear a separate tag issued by the division of animal control services which desig- nates it as a dangerous animal; (i) Notwithstanding any other provision of this chapter, any owner or possessor in violation of this section shall be guilty of a misdemeanor. Section 9.04.120 Inspection of dangerous animals. Permits issued pursuant to this chapter shall provide 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 animal control officer and that the owner or possessor shall surrender the premises for inspection upon the request of the animal control officer. Section 9.04.130 Revocation of permit. (a) Subject to the provisions of subsection (b), any permit issued pursuant to this chapter may be revoked if the animal control officer finds any of the following to be true: -9- (1) The owner or possessor has violated any 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 owner or possessor has violated any rules, regulations or conditions adopted by the division of animal control services or any reasonable criteria established by the animal control officer as necessary to insure the animal will not endanger the peace, health or safety of any person or property; or (3) The owner or possessor has changed the location of his residence or his place of business or sells, assigns, transfers, donates, leases, or otherwise disposes of the animal for which the permit was issued. (b) 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 owner or possessor. The 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. The 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 owner or possessor's ability to comply with the requirements of this chapter. (c) In the event that it is reasonably necessary to protect against a potential or immediate threat or danger to the public or to an animal's health or safety, the animal control program may revoke any permit and impound the animal without a hearing, for a period of not to exceed thirty (30) days. (d) Upon written or oral notification of the revocation of a permit for a dangerous animal, the owner or possessor of the animal shall within ten (10) calendar days of such notification surrender the animal to the animal control program or provide written proof to the animal control program in the form of declaration(s) under penalty of perjury that such animal has been permanently removed from the County of San Mateo. Failure to surrender such animal or provde the required proof of removal shall be a misdemeanor. Section 9.04.140 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. With respect to diseased or dangerous animals, the animal control officer or his designee shall have the authority to enter the premises in a lawful manner, and to take up, impound, and safely keep an animal. Upon denial or revocation of a permit, when an owner or possessor refuses to apply for a permit or when the animal control officer has reasonable cause to believe that any animal is dangerous the animal control officer may also impound the animal and keep it for a period -10- not to exceed ten (10) days in order to observe, examine and determine whether or not such animal is dangerous. Except as otherwise provided hereunder, an impounded animal may be redeemed by the owner or person entitled to its posses- sion, after payment of the required fees and charges. In the event such animal is not redeemed within ninety-six (96) hours, it may be either sold or destroyed, at the discretion of the animal control program. Section 9.04.150 Notice to owner of animal 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 o~ business or residence of the owner of the animal, if known. The animal control officer shall maintain records of the impoundment pursuant to Section 9.04.180. Section 9.04.160 Right to hearing following impoundment. Any person owning or lawfully 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. Section 9.04.170 Conduct of hearing. (a) At the hearing, the owner or possessor and the animal control program 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 hearing officer shall be supported by the weight of the evidence and shall be final. The owner or possessor shall be given written notice of the decision within fifteen (15) days of the hearing. (b) The hearing officer 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 injured a person or domestic animal; may declare an animal to be a dangerous animal as defined in this chapter; and may require the owner or possessor to obtain a permit pursuant to this chapter and sign an agreement which contains conditions, such as, but not limited to, the following before the animal is released to his custody: (1) The owner or possessor shall keep the animal confined on his premises in an enclosure approved by the health officer or his designee; (2) The owner or possessor shall 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 restraining the animal when the animal is off his property; -11- (3) The owner or possessor shall prove financial responsibility by posting a bond or certificate of insurance for an amount not to exceed $100,000; (4) The owner or possessor shall inform, in addition to the animal control program, any city, county or postal service employee, utility company meterreaders, and anyone else, who comes onto the property with implied consent or peaceably and lawfully' of the animal's viciousness. (c) A violation of the conditions of the agreement may result in the animal being impounded. Section 9.04.180 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 inci- dental to implementing this chapter. Such records shall be kept for five (5) years. Section 9.04.190 Redemption. Except as otherwise provided by this chapter or by any other law, the owner or possessor of any animal impounded may, at any time before the sale or other disposition thereof, redeem the animal by paying all proper fees assessed by the animal control program. The animal control program shall issue to the owner or possessor duplicate receipts for the amounts of the fee paid. Section 9.04.200 Redemption fees. Fees for animal shelter services shall be as set forth in the master fee schedule 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. Section 9.04.210 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. Section 9.04.220 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 appropriate control of all the animals concerned within the city. The rules and regula- tions 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. -12- Section 9,04~230 Dut~ to report bite~ It is the duty of every person having knowledge 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 city police department. Section 9.04.240 Quarantine fee. A fee shall be charged for the costs incurred by the county for the quar- antine of animals including but not limited to investigation, inspection of property, confinement, examination and release of the animal from quarantine. The fee charged shall be paid by the owner or possessor of the animal. Such fee shall be in addition to the actual costs of the health officer or his designee in housing, feeding and otherwise caring for a quarantined animal. Such fee shall be set forth in the master fee schedule of the city adopted by resolution of the city council. Section 9.04.250 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. Section 9.04.260 Penalty for violation. Except as specifically stated elsewhere in this chapter, any person vio- lating 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. Severabilit~ In the event any section or portion of this ordinance shall be determined invalid, such section or portion shall be deemed severable and all other sections or portions hereof shall remain in full force and effect. -13- 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 at a regular meeting of the City Council of the City of South San Francisco, held the 25th day of November , 19 87 . 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, held the 9th day of December , 19 87 , by the following vote: AYES: Councilmembers Mark N. Addiego, Richard A. Haffey, Gus Nicolopulos, Roberta Cerri Teglia, and Jack Drago NOES: None ABSTAIN: None ABSENT: None As Mayor of the City of South San Francisco, I do hereby approve the foregoing Ordinance this 9th day of December , 19 87 -14-