HomeMy WebLinkAboutOrd 1141ORDINANCE NO. 1$ 1
ORDINANCE AMENDING CHAPTER 9.04 TO
ADOPT A UNIFORM COUNTY ORDINANCE ON
ANIM>:L LICENSING AND CONTROL
The CITY COUNCIL of the City of Burlingame, California,
does ordain as follows:
Section 1. Sections 9.04.01C through 9.04.030 of the
Burlingame Municipal Code are hereby repealed.
Section 2, Sections 9.04.010 through 9.04.035 are here
added to said code, to read as follows:
"Section 9.04.010 Definitions.
(a) DEPARTME
NT OF ANIMAL CONTROL SERVICES means that
section of the local government, or its designated contract
agent, which is specifically charged with regulation and
enforcement of laws dealing with animals within its
jurisdiction.
(b) CHIEF OF ANIM
AL CONTROL means that person
designated as Director of Animal Control for the local
government and his duly authorized officers.
(c) ANIMAL
CONTROL CENTER means tTie facilities provided
for the impounding of animals.
(d) HEALTH OFFICER means that person appointed by
the Board of
Supervisors
of the
County
and
any other
person duly
authorized by
him to
act on
his
behalf.
(e) IMPOUNDDiENT means the taking up and confining
of an animal by the Chief of Animal Control.
(f) KENNEL means any enclosure, premises, building,
structure,
lot
or area in
o -r on which
dogs
or cats
of
at
least four months of age are kept, harbored or maintained,
far commercial purposes.
11/29/78 1
(g) OidTF.R meati member of the household or business
where an animal is being kept, or a designated agent of
that household or business.
(h) PERSON means fictional entities such as corpora-
tions, estates, associations, partnerships, and trusts, as
well as one or more individual human beings.
(i) ANII'L4L CONTROL OFFICER means any Animal Control
Officer, Humane Officer, or other officer employed by the
Department of Animal Control whose duties relate to the
enforcement of this title.
(j) TAX COLLECTOR means that officer_ of the juris-
diction charged with such responsibilities, or the San
Mateo County Tax Collector when so designated by the
governing body.
Section 9.04.011 Chief of .Animal Control.
(a) RESONSIBILITY. The Chief of Animal Control is
responsible for the enforcement of this title, and his
duties shall include, but not be limited to, the following:
1. To administer the animal control center and keep
such records as may be required by law or by contract;
2. To take up and impound animals which are in
violation of this title, or for the safe keeping of the
animal to protect its health and welfare;
3. To remove and dispose of the carcass of any
animal found on any public highway, street, alley or
other public place;
4. To quarantine animals and to cooperate with the
county health officer;
5. To enforce provisions of this title related to
regulations and prohibitions as to number, type and
location o£ animals.
(b) ENFORCEMEPdT. The Chief of Animal Control and
his Officers shall have the duty of enforcing this title
and the laws of the State of California relating to the
care, treatment or impounding of animals or for the
prevention of cruelty thereto.
(c) AUTHORITY T� CL'fE. In the performance of
their duties the Chief of Animal Control and his officers
shall have the authority to issue notices to appear in
court pursuant to Chapter 5c (commencing with Section
853.5) of Title 3 of Part 2 of the Penal Code of the State
of California, for violations of state and local animal
control laws. This authority is based on Section 607(f)
and (g) of the Civil Code of the State of California.
Section 4.04.012 Rabies Vaccinations.
Every dog owner, after his dog attains the age of
four (4) months, shall procure every other year its
vaccination by a licensed veterinarian with a canine
anti -rabies vaccine approved by and in manner prescribed
by the State Department
of Public Health.
Section 9.04.013 Dog Licenses.
(a) REQUIREMENTS. The owner of every dog over the
age of four (4) months owned and harbored in this juris-
diction shall obtain an animal license therefor. New
residents shall have sixty (60) days in which to acquire
such license. The fee for such license shall be in ac-
cordance with the fee schedule herein provided. The fee
paid for the licensing of spayed or neutered dogs shall
be half or less of said license fee upon presentation of
the proper certification. The fee paid for dogs newly
acquired on September 1st or later shall be one-half the
fee set in the fee schedule herein provided. Any person
who shall fail to pay such license fee after said fee is
3
due, or said dog is required to be licensed, shall pay a
penalty in accordance with the fee schedule herein provided.
A license shall be obtained, but no license fee shall be
payable for the licensing of any dog which is being used
for guide purposes by a handicapped resident of the juris-
dication, or for dogs which have served as a member of
the armed forces of the United States of America, or any
dog currently being used by a local law enforcement agency
for the purposes of crime prevention or control. Licenses
herein provided for shall be signed by the Tax Collector
and issued in the same manner as other licenses. Such
licenses shall be numbered consecutively.
(b) EXET.�TIOPSS: The licensing regulations in this
chapter are not applicable to the following: dogs used
for diagnostic purposes or research, the use having been
approved by the California State Board of Public Health
pursuant to Section 1666 of the Health and Safety Code;
dogs used for teaching purposes in recognized educational
institutions; dogs which are owned by veterinarians
licensed by the State and which are kept or maintained on
the premises used by said veterinarians in their practice;
and dogs kept by owners of pet shops for purposes of sale,
circuses, animal exhibits,or other enterprises maintaining
dogs for sale which have been granted business licenses
by the local government.
(c) TAGS. The Tax Collector is hereby required to
procure plates or tags having thereon the number of the
license and figures indicating the year for which the fee
has been paid, and he shall keep a record of the name of
the owner or possessor and a description of the dog for
which the license is issued and the number of the license,
4
and he shall deliver such tag to the person paying for such
license tag as provided by this ordinance.
(d) DUPLICATE TAGS. Whenever a license tag has been
stolen or lost,
the
owner or possessor of the dog
for which
the same was issued
may, upon the
payment of the
required
fee and on making
and
subscribing
to an affidavit
of such
loss and filing
the
same with the
Tax Collector,
receive
a duplicate tag
for
the remaining
portion of the
license
period.
(e) WEARIPdG OF TAG BY AtdIMAL REQUIRED. Any dog for
which a license is hereby required shall have around its
neck a suitable collar, having attached thereto such plate
or tag with such inscription thereon as are herein required.
Section 9.04.014 Sales 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, phone number of the purchaser of any canine,
along with the breed, color, sex and age of each canine
sold or given away. In addition, the owner or operator
shall forward such information to the Chief of Animal Control
within thirty (30) days of sale or transaction.
The Chief of Animal Control shall have the right to
inspect the records during normal business hours related to
sales or transactions under the provisions of this section.
Section 9.04.015 Prohibited Conduct.
o owner or possessor of any animal shall cause, or
permit or allow the animal to do any of the following:
(a) To be upon any public street, sidewalk, pane,
school ground, any public property, or upon any unenclosed
premises in the city unless the animal is properly licensed
5
and saddled, harnessed, haltered or leashed by a sub-
stantial chain, lead rope or leash, which chain, lead rope
or leash shall be continuously held by some competent
person capable of controlling such animal. All cats are
exempted from the provisions of this section.
(b) To trespass upon any private property without
the consent of the owner thereof, and it shall further be
unlawful for the owner or keeper of any animal, after re-
ceiving written notice by registered mail from any owner
or tenant of private property, to allow or 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 act in such a manner as to continuously disturb
the peace of any citizen or otherwise be a public nuisance.
(d) To be without proper and adequate food, water,
shelter, care and attention pursuant to Penal Code Section
597f.
Section 9.04.016 Animals to be impounded.
Every animal kept or found in violation of the
provisions of this title may be taken up and impounded
by the Chief of Animal Control. Said animal may be re-
deemed by the owner or person entitled to its possession
within ninety-six (96) hours thereafter on payment of such
fees and charges as are herein provided; but if not so
redeemed, such animal may be destroyed by the Chief of
Animal Control; provided, that the Chief of Animal Control
is authorized to keep and to sell them as hereinafter pro-
vided, and the receipt for the sale thereof signed by
the Chief of Animal Control shall be a valid title to the
purchaser, subject, however, to the right of redemption
hereinafter set forth.
Section 9.04.017 Diseased or Vicious Animals.
Thenever the Chief of Animal Control snarl have
reasonable cause to believe that any animal either licensed
or unlicensed is diseased or vicious or dangerous to any
person or other animal or has bitten any person or other
animal, said Chief of Animal Control is hereby directed
to take custody of such animal and impound the same in a
safe place for such period of time as is required in order
to observe, examine, and determine whether or not such
animal is diseased or vicious or dangerous or constitutes
a menace to the public health or safety. It shall be the
duty of the Chief of Animal Control to observe and examine
any such animal and determine whether the same is diseased
or vicious or dangerous or does constitute a menace to
public health or safety. If it is so determined, it shall
be unlawful for any person to continue to maintain such
animal; otherwise, said animal shall be returned to the
owner or person entitled to its possession.
Section 9.04.018 idotice to Owners of Animals Impounded.
Within 24 hours of the impoundment of any animal the
Chief of Animal Control shall cause to be mailed to the
place of business or residence of the power or possessor
oI the animal, if known to said Chief of Animal Control,
a written notice that such animal has been impounded and
the date of impounding. If the owner or possessor of
said animal or animals is not known to the Chief of Animal
Control, said Chief shall maintain records of said =pound-
ment for at least thirty (30) days after the date of
impoundment.
Section 9.04.019 Hearing Following Impoundment.
Any owner or possessor of any animal impounded pursuant
7
to this chapter and is (a) found to be without proper
and adequate water, food, shelter, care and attention; or
(b) found to be diseased or vicious or dangerous to any
person or other animal or has bitten any person or other
animal, is entitled to a hearing conducted by the Health
Officer or other designee into such seizure within ten
(10) days following such impoundment, provided that such
owner or possessor files a written request with the Chief
of Animal Control within three (3) days following written
notice of such impoundment. Tn any case, such owner
or possessor is liable for all costs related to such
seizure.
Section 9.04.020 Redemption.
The owner or person entitled to the control or
custody of any animal impounded may, at any time before
the sale or other disposition thereof, redeem the same
by paying all proper fees and charges thereon made by
virtue of any of the provisions of this chapter. When-
ever such animal is redeemed, the person redeeming shall
receive from the Chief of Animal Control duplicate receipts
for the same. The Chief of Animal control shall give to
any person redeeming such animal a receipt for the re-
demption money.
Section 9.04.021 Redemption Fees.
The fees for animal shelter services in impounding
and caring for animals shall be by type of animal as
follows, and no animal shall be released to its owner or
possessor before such fees as herein provided are paid
in full:
0
(a) Type A: Horse, mare, mule, ass, bull, ox,
calf, or other animal of similar size.
(b)
9.04.022
Type B:
Sheep,
lamb, goat, hog, or other
animal
of
similar
size.
If
(c) Type C: Dog..
(d) Type D: Cat.
(e) Type E; Bird, fowl, rabbit, hamster, rodent,
or other animal not .specified or set out in this section.
Section
9.04.022
Record
License
fee
to be
Paid
upon
Redemption.
If
a
license
fee has
not
been
paid
for
the then current
period for any impounded dog, the party. redeeming must,
before redemption, pay such license fee.
Section
9.04.023
Record
of Impounded
Animals.
the
case of
The
Chief of
Animal
Control shall
keep a record of
the
number
of all
animals impounded, showing
in detail in
the
case of
each
animal the description, date
of receipt,
the date and manner of disposal, the name of the person
redeeming or purchasing, and the fees and charges and
proceeds of sale received on account thereof, and such
additional records as may be required.
Section 9.04.024 E�uidemics.
The County Department of
Health and Welfare may de-
termine and declare that rabies are epidemic or that another
unusually dangerous health situation exists among dogs or
other animals in the jurisdiction or in any part thereof,
Upon the making of such a declaration, the County Health
Officer shall prepare and promulgate such rules and regu-
lations as are necessary for the control of the dogs and
other animals within said area. These rules and regulations
oI the County Health Officer may include, but are not
limited to, quarantine, vaccination, and destruction of
0
diseased or suspected or stray animals by humane methods
It shall be the duty of the Chief of Animal Control to
assist the County Health Officer in carrying out such
rules and regulations
Section 9.04.025 Dutv to Report Site.
It is the duty of any person having knowledge that
any animal has bitten a human being to report the fact
immediately to the County Department of Health and Welfare,
the Chief of Animal Control or the local law enforcement
agency having jurisdiction and to furnish complete in-
formation thereof.
Section 9.04.026 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 9.04.027 Use of License and Other Revenue...
All revenue derived from the fee schedule (except
for board .fees), and all revenue derived from fines, for-
feitures and penalties related to enforcement of this
title, shall be used to offset the cost of enforcement
and administration of these provisions.
Section 9.04.028 Schedule of Fees and Charges.
Fees and charges referred to in this chapter are as
follows:
(a) DOG LICENSE FEE
UNALTERED DOG $12.00
ALTERED DOG 6.00
LATE PENALTY 6.00
DUPLICATE TAG 1.00
10
(b) REDE:`.ZPTION CHARGE
TYPE A (i.e., horses)
IMPOUND COST $25.00
BOARD COST PER DAY 7.50
TRANSPORTATION COST
PER ANIMAL 20.00
TYPE B (i.e., hogs)_
IMPOUND COST $15,00
BOARD COST PER DAY 5,00
TRANSPORTATION COST
PER ANI14AL 5,00
TYPE C (dogs)
IMPOUND COST
$10.00
2,00
BOARD COST PER DAY
3.00
TYPE ll (cats)
IMPOUND COST
$10.00
2,00
BOARD COST PER DAY
2.00
TYPE E (i.e., birds, hamsters)
IMPOUND COST
$
2,00
BOARD COST PER DAY
1.00
Section 9.04..035 Mistreatment of or Interference
with Police Dogs.
It shall be unlawful for any person to wilfully or
maliciously torment, torture, beat, kick, strike, mutilate,
injure, disable"or kill any dog used or under the control
of the Burlingame Police Department in the performance
of the functions or duties of the department, or to inter-
fere with any such dog while being used or under the
control of said Burlingame Police Department and/or its
officers, agents, employees, or duly appointed repre-
sentatives.
�r;t° lL `s pit f
Mayo
11
I, EVELYN H, HILL, City Clerk of the City of
Burlingame, do hereby certify that the foregoing Ordinance was
introduced at a regular meeting of the City Council held on the
4th day of December, 1973, and was adopted thereafter at a
regular meeting of the City Council held on the 18th day of
December1978 by the following vote:
AYES: COUNCILnIEN t�r.r=�r��sS� tr :,,-.� s^t �y s,a a:��r�� `tsrt@
NOES: COUNCILMEN:Nono.
ABSENT: COUNCILMEN:None
City Clerk
12
Enacted
CITY OF BURLINGAME
SUMMARY OF ADOPTED ORDINANCE
Pursuant to Government Code .Section 369333(c)(1) the
following is a summary of Ordinance No. 1141 , adopted
December 18, 1978
Adopts a model animal control ordinance of the County of San
iateo with minor changes in Burlingame ordinances. Adds re-
quirements of record keeping by animal sellers, hearing pro-
cedures following animal impounding, and adopts license fees,
including` $12.00 for unaltered dogs and $6.00 for altered
dogs.
AYES:
COUNCILMEN:
Amstrup-Barton-Crosby-Niangini-f•1artin
NOES:
COUNCILMEN:
done
ABSENT:
COUNCILMEN:
Clone
A certified copy of said adopted ordinance is posted in
the City Clerk's office, 501 Primrose Road, Burlingame, California,
Dated: December 28, 1970
Prepared by:
CITY CLERK
Proposed
CITY OF BURLINGAME
SUMMARY OF PROPOSED ORDINANCE
ORDINANCE AMENDING CHAPTER 9.04 TO
ADOPT A UNIFORM COUNTY ORDINANCE ON
ANIMAL LICENSING AND CONTROL
Adopts a proposed model animal control ordinance
of the County of San Mateo with minor changes in Burlingame
ordinances. Adds requirements of record keeping by animal
sellers, hearing procedures following animal impounding,
and adopts license fees, including $12.00 for unaltered
dogs'and $6.00 for altered dogs. -
Said ordinance was introduced on December 4, 1578
a public hearing thereon will be held December 18, 1978 at
8:00 p.m. at the City Council Chambers., Burlingame City Hall,
501 Primrose Road, Burlingame, California.
A certified copy of said proposed ordinance is posted
in the City Clerk's office, 501 Primrose Road, Burlingame,
California.
Dated: December 5, 1978
d
City Attorney
Pursuant to Government Code Section
36933(c)(1)
the
following
is a summary of proposed Ordinance
No.
1141
Adopts a proposed model animal control ordinance
of the County of San Mateo with minor changes in Burlingame
ordinances. Adds requirements of record keeping by animal
sellers, hearing procedures following animal impounding,
and adopts license fees, including $12.00 for unaltered
dogs'and $6.00 for altered dogs. -
Said ordinance was introduced on December 4, 1578
a public hearing thereon will be held December 18, 1978 at
8:00 p.m. at the City Council Chambers., Burlingame City Hall,
501 Primrose Road, Burlingame, California.
A certified copy of said proposed ordinance is posted
in the City Clerk's office, 501 Primrose Road, Burlingame,
California.
Dated: December 5, 1978
d
City Attorney