HomeMy WebLinkAboutOrd 2022DocuSign Envelope ID: 711B9F83-4A55-4C91-A5A4-95D744EC7B01
ORDINANCE NO. 2022
AN ORDINANCE OF THE CITY OF BURLINGAME REPEALING AND
REPLACING CHAPTER 9.04, "ANIMALS," OF TITLE 9 OF THE
BURLINGAME MUNICIPAL CODE; CEQA DETERMINATION:
EXEMPT PURSUANT TO STATE CEQA GUIDELINES SECTION
15378 AND 15061(b)(3)
WHEREAS, Chapter 9.04, "Animals," of Title 9 of the Burlingame Municipal Code
provides for the regulation of animal control and was last amended in 2005; and
WHEREAS, the City of Burlingame, along with the 19 other cities in San Mateo County,
contract with the County for the facilitation and coordination of Animal Control services; and
WHEREAS, on May 17, 2021, pursuant to Resolution No. 056-2021, the City Council
approved an Animal Control Agreement between San Mateo County and the various cities within
San Mateo County for continued services; the Agreement requires the cities, among other things,
to each adopt and maintain animal control ordinance(s) that are substantially the same as the San
Mateo County Ordinance in order to continue the County's ability to administer the animal control
services; and
WHEREAS, in 2021, the County and other stakeholders identified opportunities to clarify
existing language, remove repetitive language, and add substantive changes to the existing
ordinance, with an emphasis on increasing efficiency in enforcement, clarifying language deemed
confusing, and addressing inevitable shortfalls that had emerged after years of experience and
enforcement under the current Ordinance; and
WHEREAS, the intent of the revised Ordinance is enhanced enforceability, streamlined
processes, clarity in definitions based on real -world experience, and above all else, public safety;
and
WHEREAS, On December 12, 2023, the San Mateo County Board of Supervisors
introduced an Ordinance repealing and replacing Chapter 6.04 of the San Mateo County
Ordinance Code containing regulations regarding animal control in unincorporated San Mateo
County. The Board of Supervisors adopted the Ordinance on January 9, 2024. The City's
proposed Ordinance is substantially the same as the San Mateo County Ordinance;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME
DOES ORDAIN AS FOLLOWS:
Section 1. Incorporation of Recitals
The recitals set forth above are true and correct, and are hereby incorporated
herein by this reference as if fully set forth in their entirety.
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Section 2. Repealing Chapter 9.04 of Title 9 of the Burlingame Municipal
Code
Chapter 9.04, "Animals," of Title 9 of the Burlingame Municipal Code is hereby
repealed in its entirety.
Section 3. Adding Chapter 9.04 of Title 9 of the Burlingame Municipal Code
Chapter 9.04, "Animal Control", as provided in Exhibit A attached hereto and fully
incorporated herein, is hereby added to Title 9 of the Burlingame Municipal Code.
Section 4. CEQA Determination
The City Council finds and determines this Ordinance is not a project within the
meaning of section 15378 of the CEQA Guidelines because it has no potential for resulting
in physical change in the environment, either directly or ultimately. In the event that this
Ordinance is found to be a project under CEQA, it is subject to the CEQA exemption
contained in CEQA Guidelines section 15061(b)(3) because it can be seen with certainty
to have no possibility of a significant effect on the environment.
Section 5. Severability
If any section, subsection, clause, or phrase of this Ordinance is for any reason
held to be invalid, such decision shall not affect the validity of the remaining portion or
sections of the Ordinance. The City Council of the City of Burlingame hereby declares that
it would have adopted the Ordinance and each section, subsection, sentence, clause, or
phrase thereof irrespective of the fact that any one or more sections, subsections,
sentences, clauses or phrases be declared unconstitutional.
Section 6. Effective Date
This Ordinance shall go into effect 30 days following its adoption.
Section 7. Publication
The City Clerk is directed to publish this ordinance in a manner required by law.
Section 8. Codification
Section 3 of this Ordinance shall be codified in the Burlingame Municipal Code.
Sections 1, 2, 4, 5, 6, 7 and 8 shall not be so codified.
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Donna Colson, Mayor
I, MEAGHAN HASSEL-SHEARER, City Clerk of the City of Burlingame, certify that the
foregoing ordinance was introduced at a regular meeting of the City Council held on 16th
day of January 2024 and adopted thereafter at a regular meeting of the City Council held
on the 5t" day of February 2024 by the following votes:
AYES: COUNCILMEMBERS: BEACH, BROWNRIGG, COLSON, ORTIZ, STEVENSON
NOES:COUNCILMEMBERS: NONE
ABSENT:COUNCILMEMBERS: NONE
ATTEST:
Meaghan Hassel - Shearer, City Clerk
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Exhibit A
CHAPTER 9.04 ANIMAL CONTROL
9.04.010 — Definitions
The following words and phrases, when used in this Chapter shall have the
meaning set forth below:
"Animal Control Officer" — any Person designated as the Animal Control Program
Manager for the County, as well as the head of the County's animal control contractor
and their duly authorized officers or deputies. In the event the County has no animal
control contractor to provide animal control officers, or in cases of emergency in which
additional animal control officers are needed, "animal control officer(s)" may include
Persons so designated by the Animal Control Manager.
"Animal Control Program" — that program established by the County and
participating cities, and the Program's animal control contractor(s), if any, which
contractor is specifically charged with regulating and enforcing laws dealing with animal
control within the participating jurisdictions. Animal Control Program includes the
Licensing Program.
"Animal Control Program Manager" - that Person employed by the County to
oversee the Animal Control Program or designee.
"Animal Control Shelter" - A San Mateo County facility operated by the County,
or by another public entity, an accredited, tax-exempt humane non-profit organization
contracted with the County, or a for -profit business contracted with the County for the
purpose of impounding, sheltering, adopting, or euthanizing seized, stray, distressed,
homeless, abandoned, or unwanted animals.
"Caretaker" - any Person 18 years of age, or older, who has assumed
responsibility for the care, custody, or control of an animal(s).
"Dangerous Animal" - any animal, except a trained animal assisting a peace
officer engaged in law enforcement duties, that constitutes a danger to Persons or
animals, and/or demonstrates any of the following behavior(s):
(a) behavior that results in bodily harm that is less serious than a "Severe
Injury", or constitutes a substantial threat of bodily harm to a Person; or
(b) an attack on another animal which results in an injury that is sufficient to
require veterinary care even if not received.
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An animal which has been declared by an out of this County jurisdiction as "potentially
dangerous," "dangerous," "vicious," or any other similar designation, may be deemed a
Dangerous or Vicious animal for the purposes of this Chapter, as determined by an
Animal Control Officer.
"Health Officer" - that Person so designated by the County of San Mateo.
"Humane Officer" - any Person who is qualified and appointed pursuant to
California Corporations Code Section 14502, and who is an employee of the County
and designated as such by the County or an employee of a society for prevention of
cruelty to animals or humane society that has contracted with the County of San Mateo
to provide animal control services.
"Licensing Program" - that program within San Mateo County Health
Department, including but not limited to, any County contractor specifically charged with
regulating and selling animal licenses in the County of San Mateo.
"Owner" - any Person 18 years of age or older who:
(a) holds the license to the animal; or
(b) if the animal is not licensed, is legally entitled to possession of the animal;
or
(c) has exercised primary responsibility for the care of the animal for thirty
(30) or more consecutive calendar days.
"Person" — means any individual, partnership, corporation, organization, trade or
professional association, firm, limited liability company, joint venture, association, trust,
estate, or any other legal entity, and any officer, member, shareholder, director,
employee, agent, or representative thereof.
"Severe injury" - Any physical injury to a human caused by an animal attack that
involves tooth derived muscle tears, disfiguring wounds or laceration(s), multiple bites
requiring sutures, broken bones and/or requires corrective surgery.
"Service Animal" - any animal defined as such by federal or state law.
"Vicious Animal" - any animal, except a trained animal assisting a peace officer
engaged in law enforcement duties, which meets any or all of the following criteria:
(a) Any animal that, at the time of the attack, is already designated as a
Dangerous Animal and/or is the subject of a Dangerous Animal permit, and
which is found to have engaged in any of the following:
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(1) behavior that results in bodily harm, or constitutes a substantial
threat of bodily harm, to a Person; or
(2) an attack on another animal which results in an injury that is
sufficient to require veterinary care, whether or not received.
(b) Any animal that inflicts Severe Injury to or kills a Person.
(c) Any animal which cannot be safely maintained with a Dangerous Animal
permit.
(d) Any animal designated by another governmental jurisdiction as,
"dangerous", "vicious", or any other similar designation, if that prior
designation is based on behavior which would meet the definition of
Vicious Animal under this Chapter, as determined by an Animal Control
Officer.
9.04.020 - Animal Control Program.
(a) The Animal Control Program is responsible for the enforcement of this
Chapter.
The duties of the Animal Control Program shall include, but not be limited to, the
following:
(1) Provide animal control, sheltering services, and a rabies control
program to carry out and enforce all provisions of this Chapter and
California Health & Safety Code section 121690, and keep such
records as may be required by law or contract.
(2) Enforce the provisions of this Chapter and all applicable state and
local laws relating to the care, treatment, and impounding of
animals, and specifically to issue citations and to make arrests for
violations of the provisions of this Chapter and related state laws, to
the extent authorized by law.
(3) Impound animals found to be in violation of this Chapter in the
interest of protecting public health and safety.
(4) Investigate animals pursuant to this Chapter or applicable state law
and, if deemed appropriate, designate any such animals as
Dangerous or Vicious pursuant to this Chapter.
(5) Impound animals which are in imminent or ongoing danger, or
which are in need of safekeeping in order to protect the health and
safety of the animal.
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(6) Impound animals that are causing a threat to public safety.
(7) Where authorized under the law, to enter upon any premises upon
which any animal is kept in order to seize or impound of any animal
if reasonable cause exists to believe that such animal is being kept
or has behaved in violation of the provisions of this Chapter.
(8) To remove and dispose of the carcass of any animal(s) found on
any public right of way, except freeways or other areas maintained
by Caltrans.
(9) Quarantine animals under the direction of the County Health Officer
to ensure public health and safety.
(10) Euthanize and/or dispose of animal(s) humanely and in accordance
with the law.
(11) Place for adoption, when appropriate, properly impounded animals
if such animals are not redeemed after due notice to known Owners
in accordance with the law.
(12) Provide and hold vaccination clinics in strategic locations
throughout the County pursuant to Health and Safety Code 121690.
(13) Provide or make available at low cost, spay/neuter surgeries to
dogs, cats, and rabbits.
(14) Provide for issuance of an animal license for a period not to exceed
the term of the anti -rabies vaccination, as provided by state law.
(15) To collect any fees or charges provided for in this Chapter for the
licensing, impounding and/or keeping of any animal, or for the
enforcement of this Chapter.
(b) Animal Control Officers qualified under Penal Code section 830.9, who are
either employees of the County designated as such by the County, or
employee(s) of and designated as such by a 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
citations and/or notices to appear in court, and obtain and execute search
warrants to the maximum extent allowed by law, for violations of state and
local animal control laws. Animal Control Officers shall have the authority
provided by state law including, but not limited to, that described by Penal
Code section 830.9. Animal Control Officers must complete Penal Code
section 832 training.
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(c) Those employees of a society for prevention of cruelty to animals or
humane society under contract with the County to provide animal control
services, who have been appointed and qualify as humane officers under
California Corporations Code section 14502, or its successor statute, shall
have the authority to issue citations and/or notices to appear in court, and
obtain and execute search warrants, to the maximum extent allowed by
law, for violations of state and local animal control laws.
(d) The County may contract for animal control services to be performed
countywide, including within cities, provided agreement is made with the
participating jurisdictions.
9.04.030 - Rabies Vaccinations.
(a) Every dog or cat Owner shall ensure their animal is vaccinated for rabies
by a licensed veterinarian in the manner prescribed or approved by state
law and the State of California Department of Public Health, after the dog
or cat attains the age of three (3) months of age and/or within ten (10)
calendar days of acquiring an unvaccinated animal. This vaccination shall
be obtained prior to issuing a license for the dog or cat. In addition, proof
of vaccination shall be provided by the Owner or veterinarian to the
Licensing Program or the County's animal control contractor.
(b) Every veterinarian who vaccinates or causes or directs to be vaccinated in
the County any dog, or cat with rabies vaccine shall certify that such
animal has been vaccinated. Every veterinarian shall submit to the
licensing authority a copy of the County -approved rabies vaccination form,
within ten (10) calendar days of the beginning of each month, for any dog
or cat which they vaccinate or direct to be vaccinated with anti -rabies
during the previous month. An Animal Control Officer or animal licensing
staff shall have the right to inspect records of rabies vaccinations during
normal business hours.
(c) Upon receipt of a written request from a licensed veterinarian to exempt a
microchipped pet from receiving a one or three-year vaccination, for
medical reasons, the County Health Officer and/or designee shall review
the basis for the request for exemption and approve or/deny said request.
9.04.040 - Dog and Cat Licenses.
(a) Licensing requirements for dogs and cats shall be as follows:
(1) An annual license shall be obtained, and an annual license fee shall
be paid by the Owner for every dog or cat over the age of three (3)
months owned or kept in unincorporated San Mateo County, and all
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cities within the County which adopt this Chapter. Said annual
license fee shall be first due when the animal reaches three (3)
months of age or within sixty (60) calendar days after the dog or cat
is acquired, and due on the expiration date of the rabies vaccination
and each year thereafter.
(2) New residents shall have sixty (60) calendar days in which to acquire
such license.
(3) Persons renewing their license shall have thirty (30) calendar days
following their due date before being found delinquent and assessed
a late penalty.
(4) The fee for such license shall be as set forth in section 9.04.350 of
this Chapter. The fee paid for the licensing of altered dogs and cats
shall be less than said license fee for unaltered cats or dogs upon
presentation of the proper certification. The license fee paid by
Persons over the age of 60 shall be at a discount.
(5) An Owner may obtain a three-year license for a cat or dog by
submitting to the Licensing Program adequate proof of a three-year
rabies vaccination of the animal to be licensed and payment of the
applicable fees, as set forth in section 9.04.350 of this code.
(6) Any Person who fails to pay such license fee after said fee is due or
said dog or cat is required to be licensed, in addition to paying any
past due license fee(s), may also be required to pay a late fee in
accordance with Section 9.04.350 of this Chapter or may receive an
administrative citation.
(7) A license shall be obtained, but no license fee shall be payable, by
the Owner of any dog being raised, trained or used as a Service
Animal, or for dogs that have served as a member of the armed
forces of the United States of America, or any dog used by a local
law enforcement agency for the purposes of law enforcement.
(8) Animals with microchip implants or other permanent identification
acceptable to the Animal Control Program are not exempt from the
mandatory licensing requirements.
(b) The licensing provisions in this Chapter are not applicable to the following:
(1) Dogs or cats 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.
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(2) Dogs or cats used for teaching purposes in recognized educational
institutions.
(3) Dogs or cats owned by veterinarians licensed by the State and kept
on the premises used by said veterinarians in their practice.
(c) Tags for dogs and cats shall be issued as follows:
(1) The Licensing Program shall procure and, when licensing fee is paid,
issue a lifetime tag which shall bear the number of the license. A
record shall be kept with the name of the Owner together with a
description of the dog or cat for which the license is issued and the
number of the license, and a tag shall be provided to such Person
upon payment for such license as provided by this Chapter.
(2) Whenever a tag has been lost or stolen, the Owner of the animal may
request a duplicate tag upon payment of the required fee.
(3) The Owner of a licensed dog or cat shall affix such tag to a suitable
collar, which collar shall remain on the dog or cat at all times.
(4) When an animal has been designated as a Service Animal, the
Owner may obtain a lifetime service tag and shall be required to
follow the requirements in Section 9.04.030 (a). Said tag will replace
a regular dog license.
(5) The Owner or operator of any kennel, animal breeding facility, pet
shop, or any place or establishment where animals are sold, adopted,
or given away shall keep a permanent record of the name, address,
and phone number of the purchaser of any dog or cat, along with the
breed, color, sex, and age of each animal sold, adopted, or given
away and shall forward such information to Animal Control services
within thirty (30) calendar days thereafter. An Animal Control Officer,
County representative, or employee of the County's animal control
contractor shall have the right to inspect such records during normal
business hours, with forty-eight (48) hours prior notice to the Owner
or operator.
9.04.050 - Public Protection from Dogs.
(a) No Owner or possessor of a dog shall cause or allow such dog to bite, or
physically threaten or harass any person unless necessary to protect the
physical safety of a Person.
(b) Every Owner or possessor of a dog shall prevent such dog from causing
injury to another animal while such animal is lawfully upon public or private
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property. The failure of the Owner of a victim animal to have the animal
on a leash shall not, in itself, constitute a mitigating factor in any attack.
(c) No Owner or possessor of a dog shall command or provoke such dog to
attack, sic or threaten a Person unless such action is necessary to protect
the physical safety of a Person.
(d) No Owner or possessor of a dog that resides in another county and is
found to have violated this section shall thereafter allow such dog to be
brought into San Mateo County unless the dog is fully enclosed in a
vehicle and passing through to another location without stopping at any
public or private premises within the County.
9.04.060 - Prohibited Conduct.
No Owner or other Person having care, custody or control of any animal
shall cause or permit it to do any of following:
(a) To be upon any public street, sidewalk, park, school ground, any public
property, or upon any unenclosed premises in this jurisdiction unless:
1) the animal is properly licensed, if such licensing is necessary
hereunder; and
2) the animal is controlled by a chain, lead rope, or leash, which is
connected to the animal's collar, saddle, harness, or halter. This latter
requirement is not applicable to cats, or to service animals under the
complete control of the Owner or Caretaker.
An electric or invisible fence does not constitute an enclosure for the
purposes of this requirement.
(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 otherwise
act to 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.
(e) No Person shall possess within the City any animal designated by another
jurisdiction as "potentially dangerous", "dangerous", or "vicious," or other
designation based on the animal's potential danger to humans and/or
animals, without previously notifying Animal Control and receiving express
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written permission from the Animal Control Manager for the animal's
presence or residence in the City. A failure to receive prior permission is
in itself a sufficient basis for an Animal Control Officer or peace officer to
seize and impound such animal.
(f) Subsection (a)(2) of this section shall not be applicable to cats.
9.04.070 - Protection of Animals in Motor Vehicles.
(a) No Person shall leave or confine an animal in any unattended motor
vehicle under conditions that endanger the health or well-being of said
animal due to heat, cold, lack of adequate ventilation, lack of water, or
other circumstances that could reasonably be expected to cause suffering,
disability, or death of said animal.
(b) An Animal Control Officer, Humane Officer or peace officer may remove
an animal from a motor vehicle if the animal's safety reasonably appears
to be in immediate danger from heat, cold, lack of adequate ventilation,
lack of water, or other circumstances that could reasonably be expected to
cause suffering, disability, or death to the animal. An Animal Control
Officer, Humane Officer or peace officer is authorized to take all steps that
are necessary for the removal of such animal from the motor vehicle,
including, but not limited to, breaking into the motor vehicle, after a
reasonable effort has been made to locate the Owner or other Person
responsible.
(c) If an animal is removed from a motor vehicle as set forth herein, the
removing officer shall, if deemed necessary by the officer, take it to an
animal shelter, veterinary hospital, or other place of safekeeping.
(d) An Animal Control Officer or peace officer who removes an animal from a
motor vehicle shall, in a conspicuous location on or within the motor
vehicle, leave written notice bearing their name and office, and the
address of the location where the animal can be claimed. The animal may
be released to the Owner only after payment of all fees that have accrued
for the maintenance, care, medical treatment, or impoundment of the
animal.
(e) Nothing in this section shall preclude prosecution under both this section
and California Penal Code Section 597 or any other provision of state or
local law.
9.04.080 - Release from Confinement.
No Person other than the Owner, or person authorized by the Owner of the
animal shall release any animal from any confinement, vehicle, or restraint unless such
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release is necessary for the immediate health and safety of the animal. This section
shall not apply to Animal Control Officers, Humane Officers, and/or peace officers.
9.04.090 - Declaration of Dangerous Animal.
(a) No Person shall knowingly keep, have, maintain, sell, trade, or let for hire
an animal designated as Dangerous under this Chapter without obtaining
a Dangerous Animal permit from the Animal Control Officer. The animal
Owner shall comply with all conditions of the Dangerous Animal permit
including, but not limited to, all requirements of section 9.04.100 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, peace officer, or a County
animal control contractor agency for appropriate disposition, which may
include humane euthanasia.
(b) In determining whether or not an animal shall be designated as
Dangerous, the Animal Control Officer, peace officer, or hearing officer
may consider any relevant facts and circumstances, including but not
limited to:
(1) the alleged attacking animal's prior history.
(2) the alleged attacking animal's Owner(s) ability to comply with this
Chapter, and/or compliance with any prior Dangerous Animal
permits held by the alleged attacking animal's Owner(s).
(3) whether any of the animals involved were previously deemed by a
governmental jurisdiction as "potentially dangerous, "dangerous",
"vicious" or any other similar designation.
(c) In determining whether or not an animal shall be designated as
Dangerous, the Animal Control Officer, peace officer, or hearing officer,
may consider the following mitigating factors:
(1) Whether at the time of the injury, attack or molestation, the Person
or animal suffering the injury, attack or molestation:
(i) provoked, tormented, teased, abused or assaulted the
animal, thereby causing or contributing to the alleged
behavior;
(ii) committed a willful trespass or other tort upon the private
property of the Owner or Caretaker of the animal in the
presence of the animal;
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(iii) threatened or committed an unjustified attack or assault
against the Owner, Caretaker or other Person in control of the
animal in the presence of the animal
(2) Any other mitigating factor relevant to whether the animal poses a
threat to public health or safety. The failure of the Owner or Person in
control of a victim animal to have the victim animal on a leash shall not,
in itself, constitute a mitigating factor in any attack.
(d) The unwillingness of a victim or a particular witness to testify at a hearing
shall not prevent designation of an animal as a Dangerous Animal, as long
as sufficient evidence exists to support the designation.
(e) In the event that an Animal Control Officer or peace officer determines it
necessary to protect the health or safety of the public, or of any animal,
they may immediately impound any animal according to the procedures
set forth in this Chapter.
(f) If an Animal Control Officer or peace officer has investigated and
determined that an animal is Dangerous, the Animal Control Officer or peace
officer shall deliver written notice of such determination to the Owner of the
animal pursuant to section 9.04.260.
(g) Should the Owner of the animal wish to contest the Dangerous Animal
designation, the Owner may request a hearing, which hearing shall be
conducted according to the procedures set forth in section 9.04.150 of
this Chapter. The Owner shall submit a written request for a Dangerous
Animal hearing to the Animal Control Officer within seven (7) calendar
days of the written notification by the Animal Control Officer and/or peace
officer that the animal has been declared dangerous.
(1) Should the animal Owner not submit a request for an administrative
hearing within the required timeframe, the administrative hearing
process shall be deemed waived, the Dangerous Animal
designation will be final, and the animal Owner shall obtain a
Dangerous Animal permit within seven (7) calendar days of the
written notification that the animal has been declared Dangerous.
(2) If the animal Owner requested a hearing and the hearing officer
confirms the determination that the animal is Dangerous, the Owner
must obtain the Dangerous Animal permit and meet the conditions
required by such permit, within seven (7) calendar days of notice of
such decision, unless the time is extended by an Animal Control
Officer.
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(3) If an animal is designated as Dangerous, but the Owner fails to
obtain a Dangerous Animal permit within the required timeframe,
the animal will be deemed abandoned, and will be subject to
disposition as deemed appropriate, including potential euthanasia
by the County's animal control contractor, at the discretion of the
Animal Control Officer, peace officer or City or County
representative. If not already impounded, the animal will be
promptly impounded. The Owner of the animal shall be responsible
for all costs of impoundment of the animal incurred prior to such
abandonment.
(h) If after investigation by an Animal Control Officer or peace officer, that
officer determines that the animal is not Dangerous, the victim or an
Owner of a victim animal may appeal that determination, within seven (7)
calendar days of notice of the decision given pursuant to section 9.04.260,
by submitting to the Animal Control Officer or peace officer a written
request for a hearing and paying the required fee. The Animal Control
Officer or peace officer shall prepare a written report documenting its
reasons for determining the animal not Dangerous and shall include
evidence it has considered for and against the designation in its report.
The hearing shall be conducted according to the procedures set forth in
section 9.04.150 of this Chapter.
(i) No animal designated by the County as a Dangerous Animal may be
transferred to a new place of residence or to a new Owner or Caretaker
without prior written approval of the Animal Control Program Manager.
Prior to the relocation, a written request for the relocation must be
delivered to the Animal Control Program Manager and the County's animal
control contractor, if any, at least 30 calendar days prior to the relocation.
Q) If an Animal Control Officer declares an animal as Dangerous which has
already been declared Potentially Dangerous or Dangerous by another
jurisdiction located outside of the County of San Mateo, the Owner of such
animal must obtain and comply with a Dangerous Animal permit at least
seven (7) calendar days prior to moving the animal into the County. The
animal shall not reside in the County of San Mateo until the Dangerous
Animal permit has been issued by the Animal Control Program and the
Owner meets the conditions of said permit.
(k) A permit issued under this section is subject to renewal annually. An
annual inspection of the location where the animal resides will be
performed by an Animal Control Officer. Inspections may occur at any
reasonable hour and will occur at least annually. The fee for such permit
and inspection shall be as set forth in section 9.04.350 of this Chapter.
Fees shall not be refundable. If the registered Owner fails to pay the
permit fee and/or comply with the requirements of the permit within ten
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(10) calendar days of the annual inspection date, the permit may be
revoked and the animal may be impounded for appropriate disposition, as
determined by an Animal Control Officer, peace officer, County contracted
agency or City designee, including humane euthanasia.
(1) A Dangerous Animal designation is a designation that remains with that
animal for its lifetime, unless terminated as provided by this subsection. A
Dangerous Animal designation may be terminated if all of the following
criteria have been met, as determined by an Animal Control Officer or peace
officer and the Animal Control Program Manager and/or City designee:
(1) The Owner has complied with all Dangerous Animal Permit
requirements for a period of three (3) years and the animal has not
been found to have committed any violations of the requirements of
the permit, or of this Chapter, or any other applicable animal control
laws, for the duration of that period.
(2) The animal has remained current on all rabies or similar required
vaccinations and has remained current on its licensing and paid all
fees for the duration of the three (3) year period.
If an animal Owner disputes a finding that the Dangerous Animal
designation will not be terminated, the animal Owner may request an
administrative hearing to be held according to the procedures set forth in
section 9.04.150 of this Chapter.
9.04.100 - Dangerous Animal Permit Requirements.
(a) Any Owner of a Dangerous Animal shall ensure compliance with the
following rules and regulations which shall be mandatory requirements for
any Dangerous Animal permit:
(1) When the animal is off the property of its Owner, ensure that the
animal is not kept upon any unenclosed premise unless said animal
is leashed and muzzled with a cage or basket muzzle, or any other
muzzle approved by the Animal Control Officer. The leash shall not
exceed four (4) feet in length and having a minimum tensile
strength of 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 and/or Caretaker to ensure that such
restraint is sufficient to control the animal in a manner which it will
not endanger other Persons or animals.
(2) Ensure said animal is never kept on any unenclosed premises
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even if tethered, tied or staked.
(3) Ensure said animal is kept in a fenced yard, kennel, dog run or
other enclosure, sufficient to prevent the escape of the animal or
entry of young children, as approved by the Animal Control Officer
or peace officer. An electric or invisible fence is not an acceptable
means of enclosure for the purpose of this requirement.
(4) 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.
(5) Ensure that all structures used to confine the animals are locked
with a key or combination lock when such animals are within the
fenced yard, kennel, run or enclosure.
(6) Regularly inspect the fenced yard, kennel, dog run or enclosure to
ensure that it is secure to maintain the animal and keep young
children out.
(7) Allow inspections by any Animal Control Officer or peace officer at
any reasonable hour of the premises or premises upon which the
animal is maintained.
(8) Pay permit and property inspection fees as set forth in section
9.04.350 of this Chapter within (10) ten calendar days of the permit
issuance or renewal.
(9) Obtain and post approved sign(s) from the Animal Control Program
after payment of a non-refundable fee as set forth in Section
9.04.350 of this Chapter. Sign(s) shall be conspicuously posted in a
manner visible to the public at all entrances to the property where
the animal is kept, warning Persons of the presence of a
Dangerous Animal as directed by the Animal Control Officer or
peace officer. Such sign(s) must be surrendered in the event of the
revocation of the permit, death of animal, or approved relocation of
the animal.
(10) Advise all members who reside in the same household and on the
same premises of the conditions established by the permit for
keeping or maintaining said Dangerous Animal.
(11) Ensure said animal wears, at all times, a separate Dangerous
Animal tag issued by the Animal Control Program in addition to
complying with license requirements as defined in Section 9.04.040
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of this Chapter.
(12) Ensure said animal be microchipped and inform the Animal Control
Officer with the microchip number within thirty (30) calendar days
from the date the Dangerous Animal permit was issued.
(13) Within forty-five (45) calendar days from the date the Dangerous
Animal Permit was issued, unless this period is extended by the
Animal Control Program Manager or City representative at their
sole discretion, said animal shall be spayed or neutered by a
California licensed veterinarian, at Owner expense, and within
those forty-five (45) days, the Owner shall also present written proof
to the Animal Control Officer that the surgery was performed. In
the event an animal cannot be safely altered, due to a medical
reason, the Owner shall present the Animal Control Program
Manager and Animal Control Officer with a written request from a
California licensed Veterinarian stating the medical reason(s) that
the animal should not be altered. The County Health Officer or
designee will approve or deny the request. If said request is
denied, the animal shall be altered by a California licensed
veterinarian within fifteen (15) calendar days from the date of
notification that the request was not approved, and within those
fifteen (15) calendars days provide such written proof to the Animal
Control Officer that the surgery was performed.
(14) Notify an Animal Control Officer and the Animal Control Program
Manager of the animal's death within twenty-four (24) hours and
produce the animal's body for verification upon request.
(15) Notify an Animal Control Officer and the Animal Control Program
Manager immediately in the event the animal becomes lost, stolen,
or escapes from its fenced yard, kennel run, or enclosure.
(16) Pay all reoccurring of additional fees within ten (10) calendar days
of service of the invoice or annual permit. Non-payment of fee may
result in the permit being revoked unless a payment plan has been
approved by the County or City.
(17) Comply with all other permit conditions or requirements imposed by
an Animal Control Officer, peace officer, or hearing officer pursuant
to this Chapter.
(18) Comply with all local and state laws regarding the care, use,
control, and maintenance of animals.
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(b) Any Owner of a Dangerous Animal shall ensure compliance with the
following additional requirements, if directed to do so by an Animal Control
Officer, peace officer and/or hearing officer:
(1) Prove financial responsibility by posting a bond or certificate of
insurance for an amount of three hundred thousand dollars
($300,000) per animal within thirty (30) calendar days from the date
of the Dangerous designation. Bond or certificate of insurance will
be provided to the Animal Control Program Manager annually prior
to expiration of said bond or certificate.
(2) Provide private behavioral and obedience training to the animal, at
the Owner's expense and within the time set forth by the hearing
officer or an Animal Control 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
an Animal Control Officer shall be provided to the Animal Control
Officer and Animal Control Program Manager within seven (7)
calendar days following the completion of the mandatory training,
but not more than ninety (90) calendar days from the date of the
Dangerous designation.
(3) Comply with any other permit requirements determined to be
reasonably necessary to protect the public's health or safety and/or
the health or safety of other animals.
(c) No more than two Dangerous Animals may be kept by any Person(s) at
any one household, residence, business, or other location, without prior
written approval of the designee of the appropriate jurisdiction.
9.04.110 - Revocation or Modification of Dangerous Animal Permit.
(a) Any Dangerous Animal permit issued pursuant to this Chapter may be
revoked or modified by the inclusion of additional requirements or
otherwise, if the Animal Control Officer or peace officer has reasonable
cause to believe any of the following to be true:
(1) The dangerous animal Owner or any Person to whom the Owner
has given care, custody, or control of the animal has violated any
local or state laws relating to the keeping, care or use of any
animals.
(2) The Owner or any Person to whom the Owner has given care,
custody, or control of the animal has violated any Dangerous
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Animal permit conditions, or any requirement imposed by the
Animal Control Officer, peace officer, or hearing officer.
(3) The Owner or any Person to whom the Owner has given care,
custody, or control changed the location of his/her residence or
his/her place of business or sells, assigns, transfers, donates,
leases, or otherwise disposes of the animal for which the permit
was issued without first notifying an Animal Control Officer as
outlined in Section 9.04.090
(4) The Owner or any Person to whom the Owner has given care,
custody or control of the animal has changed the residence or
premises where the animal is maintained without first complying
with the guidelines set forth in Section 9.04.090
(5) The Owner or any Person to whom the Owner has given care,
custody, or control of the animal is unable or unwilling to comply
with the conditions of the Dangerous Animal permit.
(b) In the event that it is reasonably necessary to protect the public or an
animal's health and safety, 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 there is probable cause to believe that one or more of the above
conditions for revocation or modification of the permit has occurred, the
officer shall deliver written notice of revocation or modification to the
Owner. Said notice shall specify the grounds of revocation or modification
of the permit. Should the Owner of the animal wish to contest the
revocation or modification of the permit, the Owner may request an
administrative hearing to be held before a hearing officer, as designated
by the Animal Control Program Manager, within seven (7) calendar days
of receiving the notice of revocation. Said administrative hearing date shall
be not less than seven (7) calendar days or no more than (20) twenty
calendar days after the date the request for hearing is received by the
Animal Control Manager. The administrative hearing shall be conducted
as set forth in section 9.04.150_of this chapter. The hearing officer
conducting the hearing may either modify the terms of the permit or revoke
the permit.
Any party to the hearing has the right to appeal the administrative hearing
decision to the San Mateo County Superior Court by filing a Petition for a
Writ of Administrative Mandate pursuant to California Code of Civil
Procedure, Section 1094.5 and 1094.6.
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(d) Upon written notice by the Animal Control Officer, peace officer, or hearing
officer, if a hearing was held, if any modifications to a Dangerous Animal
permit are made, the Owner shall immediately comply with such modified
permit requirements.
(e) Upon written notice from an Animal Control Officer, peace officer or
hearing officer of the revocation of a Dangerous Animal permit, the Owner
of such animal shall within two (2) calendar days of such notification,
surrender said animal to an Animal Control Officer. The Dangerous
Animal shall be impounded and humanely euthanized unless the County
designee or City designee has approved a different disposition. At the
sole discretion of the appropriate City or County representative, such
animal may be permanently removed from the County of San Mateo to
another jurisdiction with written approval from that jurisdiction.
9.04.120 - Possession of Animals After Revocation of Dangerous Animal Permit.
No Person who has been determined to be in possession of or had Ownership of
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 years following such
determination or revocation.
9.04.130 - Declaration of Vicious Animals.
(a) No Person shall keep, have, maintain, sell, trade, or let for hire an animal
which has been designated as Vicious under the provisions of this
Chapter.
(b) If an Animal Control Officer and/or peace officer has investigated and
determined that an animal is Vicious, the Animal Control Officer or peace
officer shall deliver written notice of such determination to the Owner of
the animal. Service of notice shall be made in accordance with section
9.40.260 subdivision (a) of this Chapter. An Animal Control Officer and/or
Peace Officer shall immediately impound the animal, or cause to be
impounded, the animal according to the procedures set forth in Section
9.04.160 of this Chapter. The animal shall be deemed abandoned and
shall be humanely euthanized unless the County designee or City
designee has approved a different disposition or unless the Owner timely
requests an administrative hearing.
(c) In determining whether an animal shall be designated Vicious, in addition
to any other facts and circumstances of the incident(s), the applicable
decision -maker may consider the following potentially mitigating factors.
(1) Whether at the time of the injury, attack or molestation, the Person
or animal suffering the injury, attack, or molestation:
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(i) provoked, tormented, teased, abused, or assaulted the
animal, thereby causing or contributing to the alleged
behavior
(ii) committed a willful trespass or other tort upon the private
property of the Owner or Caretaker of the animal; and/or
(iii) threatened or committed an unjustified attack or assault
against the Owner, Caretaker, or other Person in control of
the charged animal.
The failure of the Owner or other Person in control of a victim
animal to have the animal on a leash shall not, in itself, constitute a
mitigating factor in any attack.
(2) Whether the Owner is willing and able to comply with the
conditions of a Dangerous Animal permit, and whether the animal
can be safely maintained on a Dangerous Animal permit
considering the nature of the attack and cooperativeness and
abilities of the Owner.
(d) The decision -maker may also consider, among any other relevant facts
and circumstances, the following factors:
behavior;
(1) whether any of the animals involved were previously deemed by
any governmental jurisdiction as, "dangerous", "vicious", or any
other similar designation, and/or the animal Owner's prior
compliance or lack thereof with any applicable Dangerous Animal
permit requirements or this Chapter;
(2) the attacking animal's history of attacks, bites or threatening
(3) whether the animal demonstrated such aggressive behavior that it
is reasonable to conclude that the animal cannot be safely
maintained with a Dangerous Animal permit; and
(4) whether the Owner is unable or unwilling to comply with the
conditions of a Dangerous Animal permit.
(e) Should the Owner of the animal wish to contest the Vicious Animal
designation, the Owner may request an administrative hearing to be
conducted according to the procedures set forth in section 9.04.150 of
this Chapter. The Owner shall submit a written request for a Vicious
Animal hearing to the Animal Control Officer within seven (7) calendar
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days of the written notification by the Animal Control Officer and/or peace
officer that the animal has been declared Vicious.
(f) Should the Owner not submit a request for an administrative hearing
within the required timeframe, the administrative hearing process shall be
deemed waived, the Vicious Animal designation will be considered final for
purposes of exhaustion of administrative remedies, and the animal will be
subject to disposition by the Animal Control Officer, peace officer, or City
or County designee. The Owner shall lose all rights of Ownership and
control of the animal, and the animal will be subject to humane
euthanasia, unless another disposition is deemed appropriate by a City
and/or County designee, without further notice to the Owner.
(g) The unwillingness of a victim or a particular witness to testify at a hearing
shall not prevent designation of an animal as Vicious as long as sufficient
evidence exists to support the designation.
(h) If after investigation, an Animal Control Officer and/or peace officer
determines that the animal is not Vicious, the Officer will prepare a written
decision upon request by any victim suffering physical injury or an Owner
of a victim animal, either of whom may appeal that determination. Any
victim suffering physical injury as a result of the attack, or Owner of a
victim animal, may appeal the determination that an animal is not Vicious
by submitting, within seven (7) calendar days of the service of the decision
pursuant to section 9.04.260, a written request to the Animal Control
Officer for an administrative hearing and paying the required fee as set
forth in Section 9.04.350 of this Chapter. The administrative hearing shall
be conducted according to the procedures set forth in section 9.04.150 of
this Chapter.
9.04.140 - Providing False Information.
It shall be unlawful for a Person to willfully and knowingly provide false or
misleading information to Animal Control Program staff, including but not limited to an
Animal Control Officer, peace officer, Animal Control Program Manager, and/or hearing
officer regarding animal ownership, licensing, rabies vaccination, medical treatment and
condition, and/or any other matter pertaining to the enforcement of state or local law.
9.04.150 - Administrative Hearing Procedures.
(a) Administrative hearings held under this Chapter shall be conducted by a
hearing officer or designated representative appointed by the Director or
designee of the San Mateo County Health Department. The City may
contract with the County for animal control services and may elect to
utilize the services of any San Mateo County designated hearing officer to
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conduct hearings on behalf of the City pursuant to this Chapter. The
hearings shall be scheduled no less than seven (7) calendar days and no
more than fifteen (15) calendar days from the receipt of the request for the
hearing unless the hearing officer finds good cause for continuance.
(b) The Animal Control Officer or peace officer conducting the investigation
shall provide their investigation report and any evidence gathered by the
officer to the Animal Control Program Manager or designee no less than
72 hours prior to said administrative hearing. The Animal Control Program
Manager or designee will promptly provide the report to the parties to the
case, including the Owner of the subject dog and the Owner of the victim
dog.
(c) The administrative hearing shall be conducted in an informal manner
consistent with due process of law. Any party may be represented by
counsel. The parties may present relevant evidence including witnesses.
The strict rules of evidence shall not be applicable. Any relevant evidence,
including but not limited to hearsay evidence, may be admitted if it is the
sort of evidence on which reasonable Persons are accustomed to rely on
in the conduct of serious affairs. The hearing officer shall decide the
matter based on preponderance of the evidence presented at the hearing.
The administrative hearing shall be recorded, and all documentary
evidence submitted at the administrative hearing shall be preserved by the
Animal Control Program Manager for a period of no less than two years.
Any party may arrange for a court reporter to be present. Any party
desiring the presence of a court reporter shall make all necessary
arrangements and shall be responsible for payment of all costs.
(d) 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 administrative hearing.
(e) The hearing officer may decide all issues for or against the Owner(s) of
the involved animal(s) even if the Owner(s) fail to appear at the hearing.
(f) Within seven (7) calendar days of the administrative hearing, the hearing
officer shall render a written decision, which shall be final for the purposes
of exhaustion of administrative remedies upon the date of mailing. The
Animal Control Program Manager or designee shall mail the written
decision and affidavit/certificate of mailing showing the date of mailing, on
behalf of the hearing officer, by first class mail, postage prepaid. The
decision will be mailed to the Owner of the alleged Dangerous or Vicious
Animal, the victim or Owner of the victim animal, and the investigating
Animal Control Officer or peace officer.
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(g) If the animal is designated Dangerous, the Owner must apply for and
obtain a Dangerous Animal permit as provided by this Chapter within
seven (7) calendar days of the decision letter in order to maintain the
animal and the Owner must comply with all mandatory Dangerous Animal
permit rules and regulations as defined in section 9.04.120 of this Chapter.
A hearing officer may impose additional permit requirements as set forth in
this Chapter.
(h) If the animal is designated Vicious, the Owner of such animal shall lose all
rights of ownership and control of the animal, and the animal will be
subject to humane euthanasia, unless another disposition is deemed
appropriate by a City and/or County designee, without further notice to the
Owner. An animal designated as Vicious will be held at the animal shelter
for a minimum of seven (7) calendar days from the date of the hearing
officer's decision, prior to any proposed euthanasia.
(i) Unless the hearing officer for good cause otherwise determines, the party
requesting the administrative hearing is liable for all costs related to such
hearing. A determination by the hearing officer that the animal is not
dangerous or vicious shall constitute good cause.
(j) Hearing officer decisions are appealable to the San Mateo County
Superior Court by filing a Petition for Writ of Administrative Mandate
pursuant to California Code of Civil Procedure, Section 1094.5 and
1094.6.
(k) The procedures and/or definitions pertaining to potentially dangerous and
vicious dogs set forth in the California Food and Agricultural Code Chapter
9, beginning with section 31601, are not adopted and do not apply within
the City. As authorized by Food and Agricultural Code section 31683, the
City has adopted its own program for regulation of dangerous and vicious
dogs as contained in this Chapter.
9.04.160 - Animals to Be Impounded.
(a) The Animal Control Program may impound any animal kept or found under
conditions that constitute a violation of this Chapter or other state or local
law. The animal's Owner shall be responsible for all costs incurred or fees
applicable with respect to such impoundment and maintenance in the
shelter.
(b) An Animal Control Officer or peace officer may impound or cause to be
impounded an animal when there is reasonable cause to believe that such
animal posed, or poses, a threat to the public's health and safety, or the
health and safety of another animal. The animal may remain impounded
for a period not to exceed fifteen (15) calendar days in order to investigate,
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and to determine whether or not said animal is Dangerous or Vicious as
defined by this Chapter. In calculating the fifteen (15) calendar days, the
first day of impoundment is not included. If an animal is not impounded
within fifteen (15) calendar days after an investigation began, the Animal
Control Officer or peace officer shall make a determination whether or not
the animal is Vicious or Dangerous and shall notify the Owner of said
animal as soon as reasonably practical thereafter.
(c) Within twenty-four (24) hours of the impoundment of any animal, the
impounding Animal Control Officer shall serve the Owner of the animal
with notice of the impoundment.
(d) No impounded animal may be redeemed unless and until any required
license fee and/or other applicable charges and fees have been paid. In
the event such animal is not redeemed within the time set forth by State
law, it shall be deemed abandoned and may be adopted, transferred to a
rescue, or disposed of in the manner determined by the Animal Control
Program. The Animal Control Program shall issue to the Owner or Person
responsible of the care, custody, and control of said animal a receipt
showing an itemized description and the amount of the fee(s) paid.
(e) 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, adopting, or purchasing, the fees, and/or charges
related to the animal. Said records shall be kept for a period of seven (7)
years.
9.04.170 - Stray Animals.
Any Person who finds or picks up a stray or lost animal shall report the same to
the Animal Control Shelter within twenty-four hours thereafter and shall release such
animal to the Animal Control Shelter upon demand.
9.04.180 - Epidemics.
The San Mateo County Health Officer 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 County. Upon the making of such a
declaration, the Health Officer shall prepare and promulgate such orders, rules, and
regulations as are necessary for appropriate control of all the animals concerned within
the County. Said rules and regulations of the Health Officer may include, but are not
limited to, impoundment, quarantine, vaccination, or destruction. It shall be the duty of
the Animal Control Officers to assist the Health Officer in carrying out such rules and
regulations.
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9.04.190 - Bite Reporting Requirements.
(a) Any Owner or other Person who is responsible for the care, custody, or
control of an animal that bites a human or other animal shall provide their
name and current residence address and telephone number and shall
present their driver's license or other form of identification and any
information regarding any rabies vaccination for the biting animal to the
person bitten or the Owner of the animal bitten. If the Person bitten is a
minor, the Owner or Person in control of the biting animal shall provide the
required information to the parent or guardian of the minor.
(b) In addition to the above requirements, it shall be the duty of any Person
having knowledge of any animal which has bitten a human being or other
animal within the County to immediately, in no case later than the end of
the next calendar day, report the bite to an Animal Control Officer or
peace officer and to furnish as much information as possible, including
date, time and location of bite, description of animal or Person bitten,
name and license number of the biting animal, and rabies vaccination
history of the biting animal.
9.04.200 - Administrative Citations.
(a) Should an Animal Control Officer, Humane Officer or peace officer
determine that a Person has violated any provision this Chapter, that
enforcement officer shall have authority to issue and serve notice of an
administrative citation as set forth in section 9.04.260, to the Person
violating the Chapter.
(b) Each administrative citation shall contain the following information:
(1) The name and address of the Owner or other Person to be cited.
(2) The date(s) of the violation.
(3) The address or a specific description of the location where the
violation occurred.
(4) The section, subsection, and/or provision of this Chapter violated by
the Person cited and a description of that violation.
(5) A prohibition of the continuation or repetition of the violation
described in the administrative citation.
(6) If applicable a description of the potential consequence(s) should
the violation continue or be repeated.
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(7) Either:
i) The amount of the administrative fine charged and to be paid
by the Person cited as a result of the violation; or
ii) A notice to correct a certain violation within a reasonable
time, and the amount of an administrative fine that may
occur if the violation is not corrected or remedied by the date
specified.
(8) A description of the procedure to pay the fine, to include the time
period for and place of payment, and the process by which the
County may collect any unpaid amount owed.
(9) A description of the administrative citation review process, including
the time within which the administrative citation may be appealed
and how to appeal the administrative citation, including any form to
do so.
(10) The name and signature of the citing Animal Control Officer,
Humane Officer or peace officer or County designee.
(c) An administrative citation may be any format, including letter, which
conveys the information set forth above.
9.04.210 - Appeal of Administrative Citation.
(a) A recipient of an administrative citation may contest the citation including,
but not limited to, on the basis that the underlying violation did not occur,
or that recipient is not the party responsible for the violation and thus was
the improper recipient of the administrative citation. The recipient must
contest the citation on the form provided by the Animal Program Manager
or Animal Control Officer and file the appeal with the Animal Control
Program Manager within twelve (12) calendar days from the date of
service of the administrative citation. Any appeal not timely filed will be
rejected.
(b) The appeal shall contain the following provided by the Person appealing
the citation:
(1) The name, mailing address, and telephone number of the party
requesting the appeal;
(2) A copy of the administrative citation or a reference number thereto;
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(3) A statement of the grounds for the contest, including a description
of the evidence to be presented in support of the contest and
copies of any statements or documents to be submitted at the
hearing in support of the appeal.
(4) The signature of the appealing party;
(5) A deposit of the fine assessed as set forth in the citation(s), to be
refunded if the appeal is successful.
(c) Should an appeal be properly and timely requested, the requesting party
shall be provided a hearing before a hearing officer to be held pursuant to
the procedures set forth in section 9.04.150 as applicable. The Animal
Control Program shall notify the Person requesting the appeal hearing of
the time and place set for the hearing pursuant to section 9.04.260.
9.04.220 - Payment of Administrative Fines.
(a) In the absence of an appeal by the recipient of the administrative citation,
the Person cited shall pay the administrative fine in full within thirty (30)
calendar days from the date of service of the notice of citation. In the event
of an appeal, after which the violation is upheld, if not already paid, the
fine shall be paid in full within ten (10) calendar days after the date that the
decision of the hearing officer was served on the recipient.
(b) Payment of any fine shall not excuse the failure to correct the violation, nor
shall it bar further enforcement of the same or any similar violation or any
other violation by any applicable means.
(c) Failure to pay any fines assessed within the guidelines set forth in this
Chapter will result in a late charge pursuant to section 9.04.230, which will
be collected by the Animal Control Program Manager.
9.04.230 - Amount of Administrative Fines.
(a) Any Person issued an administrative citation for a violation of, and
pursuant to, this Chapter shall be assessed and pay a fine as follows:
(1) One hundred dollars ($100) for a first citation.
(2) Two hundred dollars ($200) for a second citation for the same
violation within a one-year period.
(3) Five hundred ($500) for each additional citation for the same
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violation within a one-year period.
9.04.240 - Misdemeanor Violations.
(a) A Person violating any provision of this Chapter shall be guilty of an
infraction except as otherwise specifically provided.
(b) A Person violating any provision of section 9.04.050, subsection (a) of
section 9.04.090 or subsection (a) of section 9.04.130 of this Chapter shall
be guilty of a misdemeanor.
(c) This section shall not limit any other available criminal, civil or
administrative remedies. Any or all applicable remedies shall remain
available for violation of the provisions of this Chapter.
9.40.250 - Violation of Chapter a Public Nuisance; Remedies Cumulative.
(a) Violation of this Chapter is a public nuisance subject to any and all
applicable civil, administrative, and criminal remedies, according to the
provisions and procedures set forth in this Chapter and other applicable
state and local law.
(b) This section is not intended to limit any other available criminal, civil or
administrative remedies. Any or all applicable administrative, civil and /or
criminal remedies shall be available for violation of the provisions of this
Chapter.
(c) Each day a violation continues shall constitute a separate violation.
9.40.260 - Service of Documents and Notices.
(a) Unless otherwise specified herein, the appropriate representative of the
Animal Control Program shall provide any required notice or service of
documents in the one of the following manners: (1) by personal delivery to
the Person to be notified or served; or (2) by posting on the property at the
address where the subject animal is licensed or the Owner of such animal
resides; or (3) by depositing in the United States Mail, in a sealed
envelope, first class postage prepaid, and addressed to such Person to be
notified or served at their last -known business or residence address or as
the same appears in the last equalized County assessment roll. Service by
mail shall be deemed complete at the time of deposit in the United States
Mail receptacle and shall include a declaration or affidavit of service which
shall include notice of the date mailed. If agreed in writing by the Person
to be served, notices or documents may be served electronically at the
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address provided by the Person to be served, to be effective upon being
sent.
(b) Failure to receive any notice specified herein does not affect the validity of
proceedings conducted hereunder.
9.04.270 - Field Return Fee.
A fee shall be charged for any animal impounded by a representative of the
Animal Control Program and returned by an Animal Control Officer in the field to the
Owner or Person who is responsible for the care, custody, or control of the animal. The
fee charged shall be paid by the Owner or Person who is responsible for the care,
custody, or control of said animal. Such fee shall be set forth in Section 9.04.350.
9.04.280 - Redemption and Spay/Neuter Fee.
(a) Upon redemption of any impounded unaltered animal, the Person
responsible for the care, custody or control of any animal will be required
to pay a spay or neuter fee in the amount of $100.00 in addition to the
impound fees imposed under Section 9.04.350 of this Chapter. Such fee
shall be refundable upon proof of spay and neuter of the animal within
thirty (30) calendar days following the date of redemption.
(b) Any unaltered animal impounded twice or more within a three-year period
shall be altered at a cost to be paid by the Owner/Caretaker or person
responsible for the care, custody, or control of said animal prior to
redemption. At the option of the Owner/Caretaker or Person responsible
for the care, custody, or control of said animal, required spaying or
neutering may be performed by a private veterinarian within thirty (30)
calendar days.
(c) Any Owner or Caretaker of an impounded animal subject to mandatory
spay/neuter under Subsection (b) of this Section may appeal this
requirement by submitting a written request for an administrative hearing
to the Animal Control Program Manager. The administrative hearing will
be conducted according to the provisions of Section 9.04.150 of this
Chapter.
(d) The Animal Control Program Manager may waive any County or City fee
for County or City spay/neuter, vaccination or impoundment of an animal,
if the animal is a feral or stray cat and the Person bringing the animal to
the shelter agrees that the Person shall have no rights in the animal or any
right to direct or control treatment or disposition of the animal by the
Animal Control Program which will retain sole discretion in determining the
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disposition of the animal, which may include but not be limited to treatment
and/or adoption, or euthanasia.
9.04.290 - Quarantine Fee.
A quarantine fee, as set forth in Section 9.04.350, shall be paid by the Owner or
Caretaker of any animal involved, or potentially involved, in a bite. Such quarantine fee
is in addition to any other fees charged set forth in Section 9.04.350 of this Chapter to
recover costs incurred by the Animal Control Program for the sheltering and caring for
the quarantined animal.
9.04.350 - Schedule of Fees and Charges.
This Section 9.04.350 sets forth the fees for the Animal Control Program and
Licensing Program. No animal shall be released to its Owner, or other person
responsible for the care, custody, or control of the animal, unless applicable fees have
been paid.
Animal Control and Licensing fees and charges established by this code are as
follows:
(a) License Fees.
Dogs
Unaltered dog
1-year license
3-year license
Unaltered dog Senior Pet Owner (over 60 yrs.)
F-1 -year license
73-year license
Altered dog
1-year license
3-year license
Altered dog Senior Pet Owner (over 60 yrs.)
1-year license
3-year license
Misc. dog fees
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$55.00
$160.00
$23.00
$64.00
$25.00
$70.00
$10.00
$25.00
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Late fee
Duplicate tag
Cats
Unaltered cat
1-year license
3-year license
Unaltered d cat Senior Pet Owner (over 60 yrs.)
1-year license
3-year license
Altered cat
1-year license
3-year license
Altered cat/ Senior Pet Owner (over 60 yrs.)
1-year license
3-year license
Misc. cat fees
Late fee
Duplicate tag
(b) Redemption Charges
$20.00
$10.00
$20.00
$55.00
$12.00
$31.00
$8.00
$19.00
$5.00
$12.00
$7.00
$5.00
Type A & B (large or medium size animals — horses, cows, hogs,
sheep, etc.)
Impound cost
Board cost per day
Trailering cost (per use)
Type C (dogs, and cats)
Impound Costs — First Impound -
Altered — licensed, wearing tag
Unaltered — licensed, wearing tag
Altered — unlicensed, no tag
Unaltered — unlicensed, no tag
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$100.00
$30.00
$100.00
$40.00
$65.00
$55.00
$85.00
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Impound Costs — Second Impound
Altered — licensed, wearing tag
$90.00
Unaltered — licensed, wearing tag
$125.00
Altered — unlicensed, no tag
$105.00
Unaltered — unlicensed, no tag
Impound Costs — Third Impound -
$140.00
Altered — licensed, wearing tag
$135.00
Unaltered — licensed, wearing tag
Altered — unlicensed, no tag
$155.00
$155.00
Unaltered — unlicensed, no tag
Impound Costs — Fourth Impound-
FAltered — licensed, wearing tag
$180.00
$180.00
Unaltered — licensed, wearing tag
$215.00
Altered — unlicensed, no tag
FUnaltered — unlicensed, no tag
$200.00
$240.00
Impound Costs — Fifth Impound and up
$225.00
Altered — licensed, wearing tag
7Unaltered — licensed, wearing tag
1$260.00
Altered — unlicensed, no tag
Unaltered — unlicensed, no tag
Board charges (per day)
Altered — dogs/
Unaltered — dogs/
7Altered — cats
Unaltered — cats
Type D (small size animals, e.g., birds, hamsters, or other)
Impound cost —T$20.00
Board cost
1$245.00
$285.00
$25.00
$35.00
$16.00
$22.00
$10.00
(c) Surrender, Euthanasia and DOA (Dead on Arrival) Disposal Fees
Dog — Licensed or unlicensed
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Surrender
Euthanasia
DOA Disposal
Cat — Licensed or unlicensed
$60.00
$50.00
$30.00
Surrender
$60.00
Euthanasia
DOA Disposal
Rabbit/Small Animal
Surrender
Euthanasia
1$50.00
$30.00
$40.00
$30.00
DOA Disposal
$15.00
Litter of Three or more
Surrender
Euthanasia
FDOA Disposal
Bird/Fowl
Surrender
Euthanasia
DOA Disposal
All Other Companion Animals (Reptiles, Amphibians, etc.)
Surrender
Euthanasia
DOA Disposal
$50.00
$40.00
$20.00
$20.00
[$15.00
$20.00
$25.00
$25.00
$20.00
Farm Animals
Surrender
Euthanasia: Under 100 pounds
Over 100 pounds
DOA Disposal: Under 100 Pounds
Over 100 pounds
(d) Other Animal Control Fees
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$60.00
$60.00
$125.00
r- -
$30.00
$100.00
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Quarantine Fee
$60.00
Dangerous Animal Permit (DAP) Fee
$300.00
DAP Inspection Fee
$100.00
DAP Signage
F$1-5.00—
Field Retrieval/Return Fee
$4 00 0
Breeding Permit Fee
�$150.00
Fancier Permit and/or Exotic Pet Fee
$1 00.00
Return Check Fee
$25.00
Service Dog Application Processing Fee
$50.00
(b) Miscellaneous Fee Provisions
(1) The Animal Control Program, and/or Licensing Program, may
establish license discounts for recognized animal rescue organizations.
(2) License fees include a one dollar ($1) annual surcharge on all
licenses for the animal population trust fund.
(3) At the discretion of the Animal Control Program Manager, a
payment plan for all fees outstanding may be permitted upon a
showing of good cause. If a Person is in compliance with an
agreed upon payment plan, their outstanding balance shall never
be considered "nonpayment" as that term is used in this Chapter.
(4) The animal control fees for any animal related service not specified
in this section shall be reviewed by the Health Officer or their
designee for reimbursement of costs. The Health Officer or their
designee shall have the authority to determine the fee charged for
said services. The fee charged shall be paid by the Owner or
Caretaker of the animal(s) for which said service(s) have been
provided.
(5) Each calendar year, the Animal Control Program Manager shall
designate one month as an amnesty period for payment of cat and
dog license late fees and for compliance with section 9.04.020 of
this Chapter, as provided herein. During the amnesty period,
applicants for cat and dog licenses shall not be assessed any late
penalty fee or any other penalty for failure to obtain such license or
pay any applicable license fee, notwithstanding sections 9.04.040
and 9.04.350 of this Chapter.
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(6) All revenue derived from the fees, fines, forfeitures, and penalties
related to the enforcement of this ordinance shall be used to offset
the cost of enforcement and administration of this Chapter.
(7) If the Animal Control Program Manager determines that payment of
any fees by the Owner or Caretaker for an impounded animal
would cause extreme financial difficulty to the Owner or Caretaker,
and that it is in the best interests of the County to allow release of
the animal upon these terms, the Animal Control Program Manager
may, at their discretion, set up a payment plan or waive all or
part of the fees incurred for the animal.
9.04.360 — Severability.
If any section, subsection, sentence, clause, phrase, or word of this Chapter
should be held to be invalid or unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of
any other section, subsection, clause, phrase, or word of this Chapter.
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