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HomeMy WebLinkAboutOrd 1252ORDINANCE N0. 1252 ORDINANCE AMENDING CHAPTER 9.04 TO ADOPT A UNIFORM COUNTY ORDINANCE ON ANIMAL LICENSING AND CONTROL The CITY COUNCIL of the City of Burlingame, California, does ORDAIN as follows: Section _l. Sections 9.04.010 through 9.04.028 of the Burlingame municipal Code are hereby repealed. Section 2. Sections 9.04.010 through 9.04.031 are hereby added to said code to read as follows: "Section 9.04.010 DEFINITIONS (a) ANIMAL CONTROL OFFICER means that person designated as the Director of the Division of (b) ANIMAL CONTROL PROGRAM means that program within the Division of Animal Control Services of the Department of Community Services of the county, or the county's designated contract agent or both, which is specifically chargedwith regulating and enforcing laws dealing with animal control within its jurisdiction. (c) ANIMAL CONTROL SHELTER means the facilities provided the impounding of animals. (d) ATTACK TRAINED DOG means any dog which is trained or being trained to attack, on command, a person or animal. -1- Animal Control Services for the county and his duly authorized officers or deputies, as well as the Executive Director of the County's contract agent and his duly authorized officers or deputies. (b) ANIMAL CONTROL PROGRAM means that program within the Division of Animal Control Services of the Department of Community Services of the county, or the county's designated contract agent or both, which is specifically chargedwith regulating and enforcing laws dealing with animal control within its jurisdiction. (c) ANIMAL CONTROL SHELTER means the facilities provided the impounding of animals. (d) ATTACK TRAINED DOG means any dog which is trained or being trained to attack, on command, a person or animal. -1- (e) DANGEROUS ANIMAL means any animal that could create a danger or constitutes a menance to the public's health and safety due to its training or the inherent nature of the species. Dangerous animals shall include but not be limited to,exotic animals, attack, trained dogs, guard dogs, and any vicious animal as defined by this ordinance. (f) DIRECTOR OF COMMUNITY SERVICES means that person so designated by the governing body o£ the County of San Mateo. (g) DOG LICENSING PROGRAM means that program within the Division of Animal Control Services of the Department of Community Services of the county which is specifically charged with regulating, enforcing and selling dog licenses in San Mateo County. (h) EXOTIC ANIMAL means any non-domestic animal which normally lives in a wild habitat, which is kept uniquely as a pet, whether the animal is wild or tamed at the time of its keeping. (i) GUARD DOG means any dog trained to guard, protect, patrol, or defend any premises, area, yard, or to guard any person or property with or without the need for direct human supervision. (j) GUARD DOG COMPANY means any person who agrees to furnish trained sentry, guard, attack or.narcotic detection dogs for hire. (k) HEALTH OFFICER means that person who has been designated by the Board of Supervisors as the Health Officer of the county and any other person duly authorized by such Health -Officer to act on his behalf. (1) IMPOUNDMENT means the picking up and confining of an animal by the Animal Control Program. (m) OWNER means that person legally entitled to possession of the animal concerned or a member of the household or business where such animal is being kept or a designated agent of the person legally entitled to possession. -2- (n) PERSON includes corporations, estates, associations, partnerships, and trusts, as well as one or more individual. (o) VICIOUS ANIMAL means any animal, except a trained dog assisting a peace officer engaged in law enforcement duties, which demonstrates any or all of the following behavior: (1) (A} An attack, without provocation, which requires a defensive action by any person to prevent b�i1y injury or property damage or that results in an injury to a person or property; or (B) any behavior, without provocation, that constitutes a physical threat of bodily harm to a person, where such attack, injury or behavior occurs in a place where such person is conducting himself peaceably and lawfully; or (2) An attack without provocation on another animal or livestock which occurs off the property of the owner of the attacking animal. For the purposes of this subsection, a person is peaceably and lawfully upon the private property of an owner of the animal when he is on such property in the performance of any duty imposed upon him by the laws of this state or any city or county, or by the laws or postal regulations of the United States, or when he is on such property upon invitation by the owner or his/her designee, express or implied. (p) COUNTY means County of San Mateo, Section 9.04.011 ANIMAL CONTROL PROGRAM (a} RESPONSIBILITY. The Animal Control Program is responsible for the enforcement of this ordinance, and the duties of the Director thereof and his officers, agents, and employees shall include, but not be limited to, the £ollowingo . (1) To administer an animal control shelter and keep such records as may be required by law or contract. (2) To impound animals which are in violation of this_ ordinance, or for the safekeeping of the animal to protect its health and welfare. (3) To remove and dispose of the carcass of any animal found on any public highway, street, alley, or other public place. -3- (4) To quarantine animals under the direction of the county health officer. (5) To destroy and dispose of animals after due notice to the owner and pursuant to the procedures set forth herein. (6) To sell, when appropriate, impounded animals after due notice to the owner. (7) To enforce all provisions of this ordinance. (b) SCOPE OF AUTHORITY OF ANIMAL CONTROL OFFICERS. Animal Control Officers appointed pursuant to California Civil Code section 607f shall have the authority to issue notices to appear in court pursuant to Chapter Sc (commencing with section 853.5 of Title 3 of Part 2 of the Penal Code of the State of California) for violations of state and local animal control laws. This authority is based on Section 6078 of the California Civil Code. Section 9.04.012 RABIES VACCINATIONS Every dog owner, after his/her dog attains the age of four (4) months of age shall procure every other year from a licensed veterinarian, due when the an anti -rabies vaccination (4) months of to be administered in the manner prescribed or approved by the State Department of Public Health. shall have sixty (60) days in which to acquire such license. Persons Section 9.04.013 DOG LICENSES (a) REQUIREMENTS. An annual license fee shall be paid for every dog over the age of four (4) months owned and harbored in forth in Section 9.04.031 The this County. Said annual license fee shall be first due when the animal reaches four (4) months of age or within 60 days after the dog is acquired, and due on the anniversary date of the original purchase date each year thereafter; New residents shall have sixty (60) days in which to acquire such license. Persons renewing their license shall have thirty (30) days following their due date before being delinquent and having to pay a late penalty. The fee for such license shall be as set forth in Section 9.04.031 The fee paid for the licensing of spayed or neutered dogs shall be one half of said license fee for unalterec dogs upon presentation of the proper certification. The fee pais -�- by persons over the age of 60 shall be one half of said license fee. Any person who shall fail to pay such license fee after said fee is due, or said dog is required to be licensed, shall pay a penalty in accordance with Section 3330.18. 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 county or used for guide or hearin, purposes by a handicapped resident of the county 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 la, 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 herein provided for shall be signed by the Director of Community Services,. Such licenses shall be numbered consecutively. (b) EXEMPTIONS. The licensing provisions in are not applicable to the following: -this Chapter (1) Dogs used for diagnostic purposes or research, the use having been approved by the California State Department of Sa Code. (2) Dogs used for. teaching purposes in .recognized_ eductional institutions. Health Services pursuant to Section. 1666 of the Healthand (3) Dogs owned by veterinarians which are licensed by the state and kept on the premises used by said veterinarians in their practice. (4) Dogs kept by owners of pet shops for purposes of sale, for circuses, for animal exhibits, or for other enterprise for which a business license has been granted by a local government. -5- (c) TAGS. The Director of Community Services shall procure plates owner or tags which bear the number of the license and the year for which the fee has been paid. He shall also keep a record of the name of the owner or possessor together with a description of the dog for which the license is issued and the number of the license, and he shall deliver such tag to such person upon payment for a license as provided by this ordinance. (d) DUPLICATE TAGS. Whenever a tag has been lost or stolen, the owner or. possessor of the dog concerned may request a duplicate tag upon payment of the required fee and on making and subscribing to an affidavit of such loss and filing the same with the Director of Community Services. {e} FIEARING OF TAG BY DOG RE4UIRED. The owner of a dog for which a license is required shall affix the tag to a suitable collar, which collar shall remain on the dog at all times. (f) RECORDS. The owner or operator of any kennel, animal breeding facility, pet shop, or any place or establishment where animals are sold shall keep a permanent record of the name, address, and phone number of the purchaser of any dog along with the breed, color, sex and age of each dog sold or given away and shall forward such information to the Animal Control Program within thirty (30) days thereafter. An Animal Control Officer shall have the right to inspect such records during normal business hours. Section 9.04.014 PROHIBITED CONDUCT No owner or possessor of any animal shall cause or permit it to do any of the following; _ _ (a) To be upon any public street, sidewalk, park, school ground, any public property, or upon any unenclosed premises in a' city saddled, harn unless the animal is properly licensed, if such licensing necessary hereunder, and under the control of the owner by being essed, haltered, or leashed by a substantial chain, lead rope, or leash, which chain, lead rope, or leash shall be continuously held by some competent person capable of controlling�l -6- Section 9.64.015 PERMIT FOR DANGEROUS ANIMALS (a) No person shall keep, have, maintain, sell, trade, or let for hire a dangerous animal without first obtaining a permit from the Animal Control Officer. The application for a permit shall contain the name of the applicant., applicant's address, the applicant's home and business phone numbers, the address and description of the proposed location of where the animal will be kept, if different from applicant's, and a complete description of the animal. A permit obtained under this section is not transferable. (b) Except as otherwise provided in this Ordinance, a permit obtained under this section is valid for as long as the permittee owns the animal; however, when permittee's address or the location where the animal is kept changes, the permit automatically becomes void and a new application must be submitted to the Animal Control Program. There shall be no fee assessed for this permit. (c) The owner of a dangerous animal shall post the entrances to the property where the animal is kept with a legible sign of at least twelve inches square warning persons of the presence of a dangerous animal. -7- such animal. All cats are exempt from this section. (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 trespas thereon. (c) To suffer or permit such animal to habitually bark or meow or act in such a manner as to continuously disturb the peac o£ any citizen or to be a public nuisance. (d) To be without proper and adequate food, water, shelter, care, and attention as described to in section 597(f) of the Penal Code. Section 9.64.015 PERMIT FOR DANGEROUS ANIMALS (a) No person shall keep, have, maintain, sell, trade, or let for hire a dangerous animal without first obtaining a permit from the Animal Control Officer. The application for a permit shall contain the name of the applicant., applicant's address, the applicant's home and business phone numbers, the address and description of the proposed location of where the animal will be kept, if different from applicant's, and a complete description of the animal. A permit obtained under this section is not transferable. (b) Except as otherwise provided in this Ordinance, a permit obtained under this section is valid for as long as the permittee owns the animal; however, when permittee's address or the location where the animal is kept changes, the permit automatically becomes void and a new application must be submitted to the Animal Control Program. There shall be no fee assessed for this permit. (c) The owner of a dangerous animal shall post the entrances to the property where the animal is kept with a legible sign of at least twelve inches square warning persons of the presence of a dangerous animal. -7- (d) This section shall not be applicable to (1) any zoo, or to any university, college, governmental research agency, or other bona fide scientific institution, which, in the opinion of the Division of Animal Control Services, is engaged in scientific or public health research. For the purpose of this section, a zoo shall be considered any organization which exhibits animals i to the general public at regular specified hours, equaling at least 30 hours a week for 36 weeks a year, and whose animals, whether maintained for exhibit purposes or not, are not for sale to private individuals; and (2) any owners of establishments which treat or board animals on the premises and which are owned or operated by veterinarians licensed by the State of California,` or any owners of pet shops which house animals for the purposes t of sale; provided, however, that the owner or operator shall keep a permanent record of the name, address, and phone number of the purchaser of any animal along with the breed, color, sex and age of each animal sold or given away and shall forward such information to the Division of Animal Control Services within ten (10) days after the transfer of the animal. The Animal Control Officer shall have the right to inspect such records during normal business hours. Section 9.04.016 ISSUANCE OF PERMIT FOR DANGEROUS ANIMAL (a) APPROVAL OF APPLICATION AND ISSUANCE OF PERMIT; GENERAL. At the discretion of the Animal Control Officer, the issuance of the permit can be conditioned upon the animal owner promising to adhere to any reasonable criteria related to the proper care and use of the animal which the Animal: Control Officer shall establish. (b) GUARD DOGS. As a condition to the issuance o£ the permit, each guard dog shall at all times wear an idencation tag which shall be provided by the sentry company, trainer or owner who furnishes the dog for hire. Such identification tag shall contain, but not be limited to the following information: (i) the name o£ the dog; (ii) the name, address and telephone -8- number of the company or trainer furnishing provision said dog. In cases where the dog is let for hire, the telephone REVOCATION OR SUSPENSION, number must be a number which is manned by a person 24 hours a day every day of the year, The identification tag required by this Section shall_ be in addition to any tag required Control officer or issued by any agency of the government to show that the dog is immunized or innoculated against disease. (c) The premise of where the guard dog or dangerous" animal is kept, leased, let or hired shall have a sign pasted in a conspicuous place with the phone number of the person who kept, leased, let or hired such animal. Section 9.04.017 provision REVOCATION AND SUSPENSION OF PERMIT any permit issued (a) GROUNDS FOR REVOCATION OR SUSPENSION, Subject to the provision o£ Subsection (c), any permit issued pursuant to this article may be revoked or at the discretion of the Animal Control Officer suspended for a period of up to three (3) months, if the Animal Control officer finds any of the following to be true (1) The permittee, or the person caring for or having control, or his agent has been convicted of any offense involving the violation of local animal ordinances, the Penal Code, or is in violation of any zoning, health and safety or building ordinance relating to the keeping of any animals; (2) The permittee has failed to keep and maintain the premises or housing for the animals in a clean and sanitary condition; (3) The permittee has failed to provide the animal with proper food, water, shelter or attention; (4) The permittee has violated any rules, regulations or conditions adopted by the Animal Control Program as necessary to insure the animal will not endanger the peace, health or safety of any person or property; or (5) The permittee has changed the location of his residence or his place of business or sells, assigns, transfers, donates, -9- leases, or otherwise disposes of the animal for which the permit was issued. {b) with respect to guard dogs, any violation of "The Dog Act of 1969°°, Health and Safety Code Section 2598, 25984. 1, 25984.2, 25984.4 a,b,c, which an 25980, 25981, and 25987 will result in the suspension of permit pending investigation and a decision by premises shall be surrendered for inspection by the permittee upon the the Animal Control Program, pursuant to the provisions of Subsection c. (c) If, after investigation, the Animal Control Program concludes that it is probable that one or more of the above grounds for revocation has occurred, it shall cause written notice thereof to be transmitted by mail to the address of the permittee. Said notice shall specify the grounds of possible denial of the permit and shall specify a date and time for an informal hearing to be held before an Animal Control Officer. Said date shall`be not less than five days subsequent to the date the notice is mailed. After the informal hearing, the Animal Control Officer may modify the terms of the permit or revoke the permit depending upon the permittee's ability and/or willingness to comply with the requirements of this article. ( d) In the event that it is reasonably necessary to protect against an immediate threat or danger to the public or to an animal's health or safety, the Animal Control Program may suspend any permit and impound the animal without a hearing, for a period not to exceed thirty days. Section 9.04.018 INSPECTION Permits issued pursuant to this Ordinance shall provide that, as a condition for issuance, the premises upon which an animal is maintained shall be opened at any reasonable hour for inspection by the director or his designee and that said premises shall be surrendered for inspection by the permittee upon the request of the Animal Control Program. Section 9.04.019 RULES AND REGULATIONS The Division of Animal Control Services may adopt and publish rules and regulations in conformity with, and for the purpose of carrying out the intent of this Ordinance. Compliance with such rules and regulations shall be a prerequisite to the issuance and continued validity of any permit provided for .in this Ordinance. Section 9.04.020 ANIMALS TO BE IMPOUNDED Every animal kept or found under conditions which constitute a violation of this ordinance may be impounded by an Animal Control Officer. With respect to diseased or dangerous animals, the Animal Control Officer or his designee shall have the authority to enter the premises at any reasonable hour in a lawful manner, and to take up, impound, and safely keep an animal. Upon denial, revocation, or suspension of a permit or when any owner refuses to apply for a permit Animal Control Officer may also impound the animal. Except as otherwise provided hereunder, an impounded animal may be redeemed by the owner or person entitled to its possession, after payment of the required fees and charges. In the event such animal is not so redeemed within ninety-six (96) hours, it may be either sold or destroyed, in the discretion of the Animal Control Program. Section 8,04.021 NOTICE TO OWNER OF ANIMALS IMPOUNDED Within twenty-four Section 9. 04,022 HEARING FOLLOWIN (24) hours of the impoundment of any animal, the Animal Control Program shall mail a written notice thereof the place of business or residence of the owner of the animal. The Animal Control Officer shall maintain records of said impoundment pursuant to Section 3330.12. G IMPOUNDMENT Any owner or possessor of any animal impounded pursuant to this ordinance is entitled to a hearing conducted by the Health Officer or by his designee (the "hearing officer") within ten (10) days following such impoundment provided such owner or -11- possessor (the "petitioner") files a written petition therefor with the Animal Control Program within three (3) days following written notice of such impoundment. Unless the hearing officer otherwises determines, such petitioner is liable for all costs related to such impoundment. At the hearing, petitioner and the Animal Control Program may be represented by counsel, may present oral and written evidence, and may cross-examine witnesses. Strict rules of evidence need not apply. Any relevant evidence may be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs. The decision of the hearing officer or his designee shall be supported by the weight of the evidence. The petitioner shall be given written notice of the decision within fifteen (15) days of the hearing. The hearing officer or his designee according to this ordinance, may rule that the owner or possessor of the animal will lose all rights of ownership and control of the animal; may order that the animal will be destroved if the animal has bitten or injured a person; may declare an animal to be vicious or dangerous as defined in this ordinance; and may require the owner or possessor before the animal is released to his custody to obtain a permit under Section 9.04.016 and sign an agreement which contains conditions, such as, but not limited -to, the•follcwing: 1. To keep the animal confined on his premises in an enclosure approved by the Health Officer or his designee; 2. To keep the animal securely muzzled, leashed and under the control of a person eighteen (18) years of age or older, and who is physically capable of restraining the animal when the animal is off his property; 3. To prove financial responsibility by posting a bond or certificate or insurance for the amount of $10,000.00, or more; 4. To inform, along with the Animal Control Program, any City, County or Postal Service employee, utility company meter readers, and anyone else, who comes onto the property with -12- implied otherwise consent or peaceably and lawfully, impounded may, at any ordinance of the animal's any other law, the owner or person entitled disposition thereof, redeem the to the control or custody of viciousness if the animal is moved; and 5. To require the animal to wear an identification tag as stated, in Section 9.04.016. A violation of this agreement may result in the animal being impounded and destroyed. Section 9.04.023 REDEMPTION Except as otherwise required by this impounded may, at any ordinance or by any other law, the owner or person entitled disposition thereof, redeem the to the control or custody of Section 9.04.025 LICENSE FEE TO BE PAID UPON REDEMPTION No impounded dog may be redeemed unless and until its license fee, and applicable penalty has been paid. Section 9,04.026 RECORD OF IMPOUNDED ANIMALS The Animal Control -Shelter shall keep a record of all animals impounded, which record shall include a description of the animal, the date of its any animal impounded may, at any time before the sale or other of the person redeeming disposition thereof, redeem the same by paying all proper fees assessed by the Animal Control Program. The Animal Control Program shall issue to the owner duplicate receipts I for the amount of the fee paid. Section 9.04.024 REDEMPTION FEES Fees for animal shelter services shall be as set forth in section 9.04.031 No animal shall be released to its owner or possessor unless and until such fees are paid in full. Section 9.04.025 LICENSE FEE TO BE PAID UPON REDEMPTION No impounded dog may be redeemed unless and until its license fee, and applicable penalty has been paid. Section 9,04.026 RECORD OF IMPOUNDED ANIMALS The Animal Control -Shelter shall keep a record of all animals impounded, which record shall include a description of the animal, the date of charges and proceeds of sales received .on account thereof, and such additional matters as may be necessary and incidental to implementing this ordinance. Said records shall be kept for fi years. Section 9.04.022 EPIDEMICS The County Department of Health Services may determine and declare that rabies or other contagious diseases are epidemic or 0 that other health and safety hazards exist among dogs or other -13- its receipt, the date and manner of disposal, the name of the person redeeming or purchasing, and the fees and charges and proceeds of sales received .on account thereof, and such additional matters as may be necessary and incidental to implementing this ordinance. Said records shall be kept for fi years. Section 9.04.022 EPIDEMICS The County Department of Health Services may determine and declare that rabies or other contagious diseases are epidemic or 0 that other health and safety hazards exist among dogs or other -13- animals within the county. Upon the making of such a RIGHT TO CONTRACT FOR ANIMAL declaration, the county Health Officer shall prepare and Council 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 county Health Officer may include, but are not limited to, impoundment, quarantine, vaccination, or destruction. It shall b® the duty of Animal Control Officers to assist the county Health Officer in carrying out such rules and regulation. Sectior. 9.04.028 DUTY TO REPORT BITE It is the duty of every person having knowledge that any animal has bitten a human being to report that fact immediately to the County Department of Health Services, Animal Control Program or to the local law enforcement agency having jurisdiction. Section 9.04.029 RIGHT TO CONTRACT FOR ANIMAL CONTROL SERVICE. The City Council may contract for animal control services with the County of San Mateo or any humane society or other organization, corporation or association upon such terms and conditions as may be agreeable. Section 9.04.030 USE OF LICENSE AND OTHER REVENUE All revenue derived from the fee schedule and from 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. ection_9.04.031 SCHEDULE OF FEES AND CHARGES Fees and charges referred to in this chapter are as follows: (a) Dog License Fee Uialtered dog $12.00 Altered dog $ 6.00 Late penalty $10.00 Duplicate tag $ 2.00 -14- (b) Redemption Charges Type A (large size animals, i.e. horses, cows, etc.) Impound cost $25.00 Board cost $ 7.50 per day Transportation cost $20.00 per animal Type B (medium size animals, i.e. hogs, sheep, etc.) Impound cost $15."00 Board cost $ 5.00 per day _Transportation cost $ 5.00 per animal Type C (dogs Impound costs First Offense Second Offense Third Offense or more Board cost Type D (cats Impound costs First Offense Second Offense Third Offense or more Board Cost $15.00 $25.00 $50.00 per impound $ 4.00 per day $15.00 $25.00 $50.00 per impound $ 3.00 per day Type E (small size animals, i.e., birds, hamsters) Impound cost $ 2.00 Board cost $ 1.00 per day Section 3. This ordinance shall be published as required by law. Mayon' I. EVELYN H. HILL, City Clerk of the City of Burlingame do hereby certify that this foregoing ordinance was introduced at a regular meeting of the City Council held on the 6t11 day of June ,1983, and was adopted thereafter at a regular meeting of the City Council held on the lst day of Augustby the following vote: AYES: COUNCILMEN: AMSTRUP, BARYON, CROSBY, MANGINI, MARTIN NOES: COUNCILMEN: NONE ABSENT: COUNCILMEN: NONE TCit Clerk -15-