HomeMy WebLinkAboutOrd 17701
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ORDINANCE NO. 1770
ORDINANCE OF THE CITY OF BURLINGAME AMENDING CHAPTER 9.04 TO
REVISE ANIMAL CONTROL REGULATIONS TO PROVIDE A MORE COMPLETE
REVIEW, ASSESSMENT, AND HEARING PROCESS
FOR DANGEROUS AND VICIOUS DOGS
The CITY COUNCIL of the CITY OF BURLINGAME does hereby ordain as follows:
Section 1. The Ciry works in concert with the County of San Mateo and other cities in the
County to use a common animal control ordinance regarding dogs. After months of review and
negotiation, the Countyhas adopted revised provisions regarding assessment, review, and regulation
of dangerous and vicious dogs. The revised provisions are intended to clarify the overall process,
and provide both the public and dog owners with a fair and effective system.
Section 2. Section 9.04.001 is amended to read as follows:
Section 9.04.010 Definitions.
(a) "Animal control officer" means that person designated as the animal control program
manager of the division of animal control services for the county and his or her duly authorized
officers or deputies, as well as the president of the county's contract agent and his or her duly
authorized officers or deputies.
(b) "Animal control program" means that program within the division of animal control
services ofthe environmental services agency 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 by the county or the county's
designated contract agent for the impounding of animals.
(d) "County" means the County
of San Mateo.
(e) "Director of environmental services agency" means that person so designated by the
governing body of Lite
county.
(f) censing program" means that program within the division of revenue services of the
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employee and public services agency of the county which is specifically charged with regulating and
selling animal licenses and registrations in the county.
(g) "Impoundment" means Lite picking up and confining of an animal by the animal control
program.
(h) "Owner" means that person eighteen (18) years of age or over who holds the license to
the animal, or if the animal is not licensed, that person eighteen (18) years of age or over legally
entitled to possession ofthe animal concerned and who has primary responsibility for the care ofthe
animal.
(i) "Dangerous animal" means any animal, except a trained dog assisting a peace officer
engaged in law enforcement duties, which because of its disposition, behavior, training, or other
characteristic constitutes a danger to persons or property, or which demonstrates any or all of the
following behavior:
(1) Any attack or other behavior that requires a defensive action by any person to prevent
bodily injury or property damage or that results in an injury to a person or property; or
(2) Any aggressive attack or other behavior that constitutes a substantial threat of bodily
harm to a person or animal, where such attack, injury or behavior occurs in a place where such
person or animal is conducting himself or herself peaceably an
d lawfully; or
(3) An attack on another animal or livestock which occurs off the property of the owner of
the attacking animal; or
(4) Any an
imal that has been deemed by another governmental jurisdiction as "potentially
dangerous," "dan
gerous," "vicious," or any other similar designation.
(j) "Wolf hybrid" means any offspring of domestic dogs bred to wild canids (e.g., wolves or
coyotes) and their subsequent generations.
(k) "Vicious an
imal" means any animal, except a trained dog assisting a peace officer
engaged in law enforcement duties, which meets any or all of the following cri
teria:
(1) Any an
imal previously designated as "dangerous," that after investigation by an animal
control officer or a peace officer
'is found under conditions which constitute a violation of this
chapter or applicable dangerous animal permit and which demonstrates a signcant danger to the
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public health or safety; or
(2) Any animal seized under section 599aa of the Penal Code or upon the sustaining of a
conviction of the owner or caretaker under subdivision (a) of the section 597.5 of the Penal Code;
I or
(3) Any animal which inflicts severe ury on or kills a human being or another animal; or
(4) Any animal which has engaged in any aggressive behavior which demonstrates that the
anirnal represents a clear and present substantial danger to the public health or safety and that due
to substantial risk to the public health or safety it is unlikely that the animal could be safely
maintained under a dangerous animal permit.
(l) "Severe injury" means any physical injury directly caused by an animal attack that
consists of muscle tears, multiple punctures, broken bones or disfiguring lacerations, or which
requires multiple sutures or corrective or cosmetic surgery.
Section 3. Subsection 9.04.011(b) is amended to read as follows:
(b) Scope ofAuthority of Humane Officers and Animal Control Officers. Humane officers
qualified and appointedpursuant to California Corporations Code section 14502, who are employees
of any public pound, society for prevention of cruelty to animals, or humane society which has
contracted with the county to provide animal control services, 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) for violations of state and local animal control laws. This authority is based
on section 14503 of the Corporations Code. Animal control officers shall have the authority
provided by state law including but not limited to that described by Penal Code section 830.9.
Section 4. Section 9.04.015 is amended to read as follows:
Section 9.04.015 Dangerous animal permit required.
(a) No person shall knowingly keep, have, maintain, sell, trade or let for hire an animal
designated under the provisions of this chapter as dangerous without obtaining a dan
gerous animal
permit from the animal control officer. The animal owner shall comply with all conditions of the
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dangerous animal permit, including but not limited to, all requirements of section 9.40.019 of this
chapter. Any animal which is determined to be dangerous under this chapter and for which a permit
has not been obtained shall be surrendered to an animal control officer for appropriate disposition
including humane destruction.
(b) If an animal control officer or a peace officer has investigated and determined that an
animal is dangerous, the anhnal control officer or peace officer shall deliver written notice of such
determination to the owner of the animal. Should the animal pose a threat to the public health and
safety, an animal control officer may immediately impound the animal.
(c) If; after investigation by an animal control officer or a peace officer, that officer
determines that probable cause does not exist to believe the animal is dangerous, any interested
person may appeal that determination by submitting within five (5) calendar days of the decision a
written request to the animal control officer or a peace officer for a hearing and paying the required
fee. The hearing shall be conducted according to the procedures set forth in section 9.04.016-1 of
this chapter.
(d) hi determining whether or not an animal shall be declared dangerous, the animal control
officer, peace officer, or hearing officer appointed pursuan
t to section 9.04.016-1, may consider, as
a mitigating factor or factors, whether, at the time of the injury, attack or molestation, the person or
animal sufferi
ng the injury, attack or molestation:
(1) Provoked, tormented, teased, abused or assaulted the animal thereby causing or
I contributing to the alleged behavior; or
(2) Committed a willful trespass or other tort upon the private property of the owner or
caretaker of the animal; or
(3) Threatened or committed an unjustified attack or assault against the owner, caretaker, or
person in control of the animal; or
(4) Any other mitigating factors deemed appropriate for consideration by the animal control
officer, peace offi
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cer, or hearing officer.
(e) Upon receipt ofwritten ororal
notificationbytheanimalcontrolofficerorapeaceofficer
that an animal is dangerous as defined in this chapter, the owner shall submit an
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application for a
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dangerous animal permit to the animal control officer within five (5) calendar 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, a complete description, and a photograph of the animal.
The permit shall contain all of the requirements of section 9.04.017 and any additional conditions
or requirements deemed necessary bythe animal control officer orpeace officer to protect the public
health or safety.
(f) Should the owner of the animal wish to contest the dangerous animal designation, the
owner may request a hearing to be conducted according to the procedures set forth in section
9.04.016-1 of this chapter. The owner shall submit a written request for a dangerous animal hearing
to the animal control officer or peace officer within five (5) calendar days of written notification by
the animal control officer or peace officer that the animal has been declared dangerous. Should the
owner not submit a request for a hearing within five (5) calendar days of notification, the hearing
process shall be deemed waived by the owner, and the dangerous animal declaration will be
considered final by the city. In that event, the city may allow the dangerous animal permit to be
issued without a hearing. Unless a dangerous animal pen -nit is immediately obtained, the animal
shall be impounded at the owner's expense pending appropriate disposition as determined by the
animal control officer or peace officer.
Section 5. Anew section 9.04.015-1 is added to read as follows:
Section 9.04.015-1 Declaration of vicious an
imals.
(a) No person shall keep, have, maintain, sell, trade, or let for hire an animal which has been
designated as vicious pursuant to this chapter.
(b) If an an
imal control officer or a peace officer has investigated and determined that an
animal is vicious, the animal control officer or peace officer shall deliver to the owner of the
animal
written notice of that determination. The animal control officer or peace officer shall immediately
impound or cause to be impounded the animal and shall cause the animal to be humanely destroyed
unless the owner requests a hearing under subsection (c) of this section.
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(c) If the owner of the animal disputes the designation of an animal as a vicious animal by
the animal control officer or peace officer, the owner may submit a written request for a hearing to
the animal control officer or peace officer within five (5) calendar days of notification. Such hearing
shall be conducted according to the procedures set forth in section 9.04.016-1 of this chapter. Failure
of the owner to request a hearing shall result in the animal being declared vicious and humanely
destroyed. The vicious animal declaration will be considered final by the city.
(d) If after investigation by an animal control officer or a peace officer, that officer
determines that probable cause does not exist to believe that the animal is vicious, any interested
person may appeal that determination by submitting within five (5) calendar days of the decision a
written request to the animal control officer or peace officer for a hearing and paying the required
fee.
(e) In determining whether or not an animal shall be declared vicious, the animal control
officer, peace officer, or hearing officer may consider, as a mitigating factor or factors, whether at
the time of the injury, attack or behavior, the person or animal suffering the injury, attack or behavior
for which the animal is being determined vicious:
(1) Provoked, tormented, teased, abused or assaulted the animal thereby causing or
� contributing to the alleged behavior; or
(2) Committed a willful trespass or other tort upon the private property of the owner or
� caretaker of the animal; or
(3) Threatened or committed an unjustified attack or assault against the owner, caretaker or
� person in control of the animal; or
(4) Any other mitigating factors deemed appropriate for consideration by the animal control
officer, peace officer, or hearing officer.
Section 6. Section 9.04.016 is amended to read as follows:
� Section 9.04.016 Issuance of permit for dangerous animal.
(a) No permit obtained under this section is transferable. If the owner's address or the
location where the animal is kept changes or the owner transfers ownership of
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the animal, the permit
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shall become null and void and an application for a new permit must be submitted to the animal
control officer.
(b) A permit issued under this chapter is subject to renewal and approval each year and is
subject to conditions and requirements existing as of the date of renewal. The permittee shall pay an
annual fee for this permit pursuant to the procedures established by the division of animal control
services. If permittee fails to file an application for renewal or pay the permit fee prior to the permit
anniversary date, the permit shall automatically become void. The fee for such permit shall be as
set forth in section 9.04.031. This fee shall not be refundable.
(c) If the owner or permittee has a history of multiple violations of this chapter or of the
conditions of any previously issued dangerous animal permit, the animal control officer or hearing
officer may deny the permit and impound the animal for appropriate disposition as determined by
the animal control officer or hearing officer.
Section 7. Anew Section 9.04.016-1 is added to read as follows (replacing existing Section
9.04.022):
Secrion 9.04.016-1 Hearing procedures.
(a) A heari
ng pursuant to this chapter shall be conducted by a hearing officer or designated
representative appointed by the director of the environmental serv
ices agency. The hearings shall
be scheduled no less than five (5) working days and no more than fifteen (15) working days from
the receipt of the request for the hearing unless agreed upon by the involved animal control officer
or peace officer and the animal owner. A hearing may be continued if the hearing officer deems it
necessary and proper or if the owner, or animal control officer or peace officer shows good cause.
(b) The hearing shall be conducted in an
informal manner consistent with due process of law.
Both the owner of the animal an
d the animal control officer or peace officer may be represented by
counsel. The parties may present relevant evidence and call and cross-examine witnesses. The strict
rules of evidence shall not be applicable. 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
hearing shall be tape-recorded and all documentary evidence submitted at the hearing shall be
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preserved. Any party may arrange for a court reporter to be present. Any parry desiring the presence
of a court reporter shall make all necessary arrangements and shall be responsible for payment of all
costs.
(c) The hearing officer may exclude disorderly or disruptive persons from the hearing or
make other orders as necessary to ensure the fair and orderly conduct of the hearing.
(d) The hearing officer may decide all issues for or against the owner of the animal should
the owner fail to appear at the hearing.
(e) Within five (5) working days of the hearing, the hearing officer or designated
representative shall render abriefwritten decision, which decision shallbe final at the administrative
level. The written decision shall be mailed to the parties by certified mail and include a declaration
or proof of mailing which includes the date on which the decision was mailed to the parties.
(f) Unless the hearing officer for good cause otherwise determines, the owner ofthe animal
is liable for all costs related to such hearing not to exceed three -hundred and fifty dollars ($350).
(g) 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.
(h) In the case of animals determined by an animal control officer or a peace officer to be
dangerous or vicious, the hearing officer may decide any or all of the following:
(1) That the an
imal be designated "vicious," and the owner of the animal lose all rights of
ownership and control of the animal, and the an
imal shall be humanely destroyed. An animal
designated as "vicious" will be held at the animal shelter for a minimum of five (5) calendar days
from the date of the hearing officer's decision, after which time it may be humanely destroyed
without further notice to its owner;
(2) That the animal be designated "dangerous" and the owner must apply for an
d obtain a
dangerous an
imal
dangerous animal permit rules an
permit as provided by this chapter within five
(5) calendar days of receipt of the
decision letter in
order to
maintain the animal, and the owner
must comply with all mandatory
d regulations as defined in section 9.04.017;
(3) That the dangerous animal permit shall contain additional permit conditions to
supplement the mandatory dangerous animal permit rules an
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d regulations as defined in section
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9.04.017 below, including but not limited to, the following:
(A) That Lite owner keep Lite animal muzzled at all times when the animal is off the owner's
property;
(B) That the ownerprove fmancial responsibilitybyposting abond or certificate ofinsurance
for an amount of $1,000,000 per animal as determined by the hearing officer;
(C) That the owner provide private behavioral and obedience training to the animal, at the
owner's expense and within the time set forth by the hearing officer following the issuance of a
dangerous animal permit. Proof of participation, a report of behavioral assessment, and/or a
certificate of satisfactory completion from an animal behaviorist or organization approved by the
hearing officer shall be provided to the animal control officer within seven (7) calendar days
following any required training;
(D) That the owner comply with any other permit requirement the hearing officer deems
necessary to protect the public health or safety;
(E) That the owner reimburse the victim for the victim's medical expenses or the victim
animal's veterinary expenses;
(F) Pursuant to section 9.04.019 ofthis chapter, thatthe dangerous animal permit be modified
as ordered by the hearing officer, or revoked and the animal human
ely destroyed.
Section 8. Existing section 9.04.019 is renumbered as Section 9.04.017 and amended to read
as follows:
Section 9.04.017 Mandatory dangerous animal permit requirements.
Any owner of a dangerous animal shall insure complian
ce with the following rules and
regulations which shall be mandatory requirements for any dan
gerous animal permit
(a) When the animal is off the propert
y of its owner, the owner shall ensure that the animal
is restrained with a leash not to exceed four (4) feet in length and having a tensile strength of at least
three hundred (300) pounds and shall be under the direct control and supervision of the owner or a
person of such age, size, and strength as can easily control such animal. Extraordinary care shall be
taken by the owner to ensure that such restraint is sufficient to control the animal in a manner which
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it will not endanger other persons or animals.
(b) The owner shall maintain the animal so that it is not a threat to any mail carrier, sanitation
worker, meter person, or other person who has the lawful right to enter the property.
(c) The owner shall ensure that the animal is not allowed to be upon anyunenclosedpremises
unless s leashed and controlled by a person capable of controlling such animal. The owner shall
ensure that the animal is not tethered, tied, or staked on any unenclosed premises. The owner shall
ensure that the animal is not kept in a house or structure when the windows or doors are open or
screen doors are the only obstacle preventing the animal from exiting the structure.
(d) The owner shall ensure that the animal is kept in a fenced yard, kennel, run, or enclosure
approved by the animal control officer or peace officer. The owner shall ensure that all structures
used to confine the animals are locked with a key or combination lock when the animals are within
the enclosure. The owner shall regularly inspect the fenced yard, kennel, run, or enclosure to ensure
that it is secure to maintain the animal.
(e) The owner shall open premises upon which an animal is maintained at any reasonable
hour for inspection by the animal control officer or peace officer and said premises shall be
surrendered for inspection by the owner upon the request of the animal control officer or peace
officer. The owner shall pay a fee for the costs incurred by County for the inspection or reinspection
of property. Such fee shall beset forth in section 9.04.031.
(f) The owner of the dangerous animal shall post the entrances to the propert
y where the
animal is kept with a legible sign conspicuous to the public warn
ing persons of the presence of a
dangerous animal. The owner of the dangerous animal shall obtain an approved sign from the
animal control program for a non-refundable fee and shall surrender such sign in the event of the
revocation of the permit, death of the animal, or approved relocation of the animal, or upon any other
reasonable demand by an animal control officer.
(g) The owner of any dangerous an
maintaining said dangerous animal.
imal shall advise all members who reside in the same
household and on the same premises of the conditions establi
shed by the permit for keeping or
28 II (h) The owner shall strictly comply with all local and state laws regarding the care, use,
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control, and maintenance of animals.
(i) In addition to a license, the owner shall ensure that the animal shall at all times wear a
separate tag issued by the division of animal control services which designates it as a dangerous
animal. The owner shall ensure that the dangerous animal be microchipped and registered with the
animal control program for a fee specified by section 9.04.031 within thirty (30) calendar days from
the date the permit was issued. The animal owner shall be responsible for payment of said fee which
shall be utilized by the animal control program to offset the cost of the chip and to maintain the
registration program.
(j) The owner shall have the animal spayed or neutered by a licensed veterinarian, at the
owner's expense, within fifteen (15) calendar days from the date the permit was issued. The owner
shall present written proof to the animal control officer that the surgery was performed. In the event
an animal cannot be safely spayed or neutered due to medical reasons, the owner shall present
written proof from a licensed practicing veterinarian to the animal control officer that said animal
cannot be spayed or neutered.
(k) The owner may not sell, transfer or otherwise dispose of such animal to another county
or city without notifying animal control at least twenty-four
(24) hours before such sale, transfer, or
disposal. Animal control will notify the proper authorities ofthe jurisdiction to which the dangerous
animal is transferred. Should the owner of a dangerous animal wish to transfer ownership of the
animal to another individual within the county, the new owner shall submit to a property inspection,
apply for and obtain a new dangerous animal permit, pay all requisite fees, and comply with all
provisions of this chapter and the requirements of the permit.
(Z) No more than two dangerous animals may be kept at any one household.
(m) The owner shall not allow any animal designated "dangerous" as the result of aggression
against humans) to be kept on property
or within a household in which a juvenile person under the
age of eighteen (18) years of age resides.
(n) The owner of a dan
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gerous animal shall notify the animal control officer of the animal's
death within twenty-four (24) hours an
d shall produce the animal's body for verification upon
request. The owner of a dangerous animal must notify the an
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imal control officer immediately in the
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event the animal becomes lost or stolen.
(o) The owner shall pay all permit and property inspection fees as described in section
9.04.031 of this chapter.
(p) The owner shall comply with all other permit conditions or requirements imposed
pursuant to section 9.04.016-1 or 9.04.015(a).
Section 9. Existing Section 9.04.018 is replaced with the following:
Section 9.04.018 Possession ofanimals afterrevocation ofdangerous animal permit or vicious
declaration.
No person who has been determined to be in possession or ownership of a vicious animal or
a dangerous animal for which a permit has been revoked under this chapter shall be granted any
dangerous animal permit for a period of three (3) years following such determination or revocation.
Section 10. Existing Section 9.04.017 is renumbered as Section 9.04.019 and amended to
read as follows:
Section 9.04.019 Revocation or modification of permit.
(a) Subject to the provisions of subsections (b) an
d (c), any permit issued pursuant to this
chapter may be revoked if the animal control officer has reasonable cause to believe an
y of the
following to be true:
(1) The dangerous animal owner or any person the owner has allowed to have possession
of the animal has violated any local animal ordinances, or is in violation of an
y zoning, health and
safety or building ordinance or Penal Code section relating to keeping, care, or use of any an
imals;
rM
(2) The dangerous animal owner or any person the owner has allowed to have possession
of the animal has violated any rules, regulations, or conditions of this chapter, including but not
limited to, dangerous animal conditions, or any requirement imposed by the animal control officer,
peace officer, or hearing officer as necessary to insure the animal will not endanger the peace, health
or safety of any person or property; or
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(3) The dangerous animal owner has changed the location of his or her residence or his or
her place of business or sells, assigns, transfers, donates, leases, or otherwise disposes ofthe anneal
for which the permit was issued.
(b) In the event that it is reasonably necessary to protect against a threat to the health or
safety of the public, or of any animal, the animal control officer or peace officer may impound or
cause to be impounded the animal while an investigation is taking place.
(c) If; after investigation, the animal control officer or peace officer concludes that it is
probable that one or more of the above grounds for revocation has occurred, the officer shall cause
written notice thereof to be transmitted to the owner. Said notice shall specify the grounds of
possible revocation or modification of the permit. Should the owner of the animal wish to contest
the revocation or modification of the permit, (s)he may request a hearing to be held before ahearing
officer not previously involved with the permit issuance or investigation, as designated by the
director of the environmental services agency within five (5) calendar days of receiving the notice
of intent to modify or revoke permit. Said hearing date shall be not less than five (5) working days
or more than fifteen (15) working days subsequent to the date the request for hearing is received.
The hearing shall be conducted as set forth in section 9.04.016-1 of this chapter. After the hearing,
the officer conducting the hearing may modify the terms of the permit or revoke the permit
depending upon the permittee's ability to complywith the requirements of this chapter and to control
the animal so that the health, safety, and property of the public are protected.
(d) Upon written or oral notification by the animal control officer, or heari
ng officer if a
hearing was held, of any modifications to a dangerous an
imal permit, the owner shall immediately
comply with such modified permit requirements.
(e) Upon wri
tten or oral notification by the animal control officer, or hearing officer, if a
hearing was held, of the revocation of a permit for a dangerous animal, the owner of such an
imal
shall within two (2) calendar days of such notification surrender said animal to the animal control
officer to be humanely destroyed or provide written proof to an animal control officer in the form
of declaration(s) under penalty ofperjury that such animal has been permanently removed from the
county and declaring the new location or new address where the animal is to be kept.
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Section 11. Section 9.04.020 is amended to read as follows:
Section 9.04.020 Animals to be impounded.
(a) Every animal kept or found by an animal control officer or a peace officer under
conditions which constitute a violation of this chapter or other local or state law may be impounded
by an animal control officer or a peace officer. The animal's owners be charged all costs
incurred or fees applicable with respect to such impoundment.
(b) When the animal control officer or peace officer has reasonable cause to believe that any
animal is dangerous or vicious, the animal control officer orpeace officermay also impound or cause
to be impounded the animal and keep it for such period not to exceed fifteen (15) days in order to
observe, examine, and determine whether or not such animal is dangerous or vicious.
(c) Any animal subject to dangerous or vicious animal proceedings maybe impounded at the
discretion of the animal control officer or peace officer pending notice, hearings and determinations
hereunder and until any required permit is obtained.
(d) Except as otherwise provided in this chapter or state law, an impounded animal maybe
redeemeA
by the owner, after payment of the required fees and charges and compliance with
licensing requirements . In the event the animal is not so redeemed within the time set fort
h by state
law, it maybe disposed of in the manner determined by an an
imal control officer.
Section 12. Section 9.04.021 is amended to read as follows:
Section 9.04.021 Notice to owner of an
imals impounded.
Within twenty
-four (24) hours of the impoundment of any animal, the animal control officer
shall mail a written notice thereof to the place of business or residence of the owner of the animal
if known. If the animal may not be redeemed as provided by subsection 9.04.020(d), the owner may
request a hearing under section 9.04.017, subsections (a) - (g), or applicable state law. The animal
control officer shall maintain records of the impoundment pursuant to section 9.04.026.
Section 13. Existing section 9.04.022 is repealed and a new section 9.04.022 is added to read
I as follows:
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Section 9.04.022 Misdemeanor violations.
(a) A person violating any provision of this chapter shall be guilty of an infraction except as
otherwise specificallyprovided.
(b) A person violating any provision of subsee tion (a) of section 9.04.015 or subsection (a)
of section 9.04.015-1 of this chapter shall be guilty of a misdemeanor.
Section 14. Section 9.04.023 is amended to read as follows:
Section 9.04.023 Redemption.
(a) 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 animal control services.
Animal control services shall issue to the owner duplicate receipts for the amount of the fee paid.
(b) Upon redemption of any impounded unaltered animal, the owner will be required to pay
a spay/neuter fee in the amount of $35.00 in addition to the impound fees imposed under section
9.04.031. Such fee shall be refundable upon proof of spay/neuter of the animal within thirty (30)
days of the redemption date. Any unaltered animal impounded twice or more within a three-year
period shall be altered at the owner's expense prior to redemption. At the option of the owner,
required spaying or neutering may be performed by a private veterinarian.
(c) Any owner of an
impounded animal subject to mandatory spay/neuter under subsection
(b) may petition, in wri
ting, for a hearing conducted by the animal control program manager or his
or her designee within three (3) days following notice of the second impoundment. The hearing shall
be held within four (4) working days of such petition and shall be subj ect to the provisions of section
9.04.016-1, subsections (a) — (g). After the hearing, the hearing officer may require that the animal
be spayed or neutered at the owner's expense, unless the hearing officer determines that good cause
exists for not requiring that the animal be spayed or neutered.
Section 15. Section 9.04.026 is amended to read as follows:
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Section 9.04.026 Record of impounded animals.
The animal control program 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 maybe necessary and incidental to implementing this
chapter. The records shall be kept for four (4) years.
Section 16. Subsection 9.04.013(a) is amended to read as follows:
(a) Requirements. An annual license fee shall be paid for every dog over the age of four
months owned and harbored in this city. The annual license fee shall be first due when the animal
reaches four months of age or within sixty 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 days in which
to acquire such license. Persons renewing their license shall have thirty days following their due date
before being delinquent and having to pay a late penalty. The fee for the license shall be as set forth
in Section 9.04.031. The fee paid for the licensing of spayed or neutered dogs shall be no more than
one-half of the license fee for unaltered dogs upon presentation of the proper certification. The fee
paid bypersons over the age of sixty shall be one-half of the license fee. Anyperson who fails to pay
the license fee after the fee is due, or the dog is required to be licensed, shall, in addition to paying
any past due license fee or fees, also pay a penalty in accordance with section 9.04.031. 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 does
not have to be renewed until the original purchase anniversary date. The fee paid for a dog license
is not refundable. Licenses provided for in this section shall be signed by the director of community
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services. The licenses shall be numbered consecutively.
Section
17. This ordinance shall
be published in accordance
with law and shall
take effect
thiryt (30) days
after adoption by the last
of the twenty
(20) cities in
the County of San
Mateo that
are parties to the Agreement for Animal Control Services dated June 17, 2003, as amended.
7
Mayor
I, DORIS MORTENSEN, City Clerk of the City of Burlingame, do hereby certify that the
foregoing Ordinance was introduced at a meeting of the City Council of the City of Burlingame on
October 3, 2005, and the Ordinance was duly adopted at a regular meeting of the City Council on
October 17, 2005, by the following vote:
AYES: COUNCILMEMBERS: BAYLOCK, GALLIGAN, NAGEL, O'MAHONY
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
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