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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 Sections 9.04.01C through 9.04.030 of the Burlingame Municipal Code are hereby repealed.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