These are the ordinances in San Mateo, California that deal with animals. The laws regulate animal control, exotic animals, spaying, neutering, and breeding, kennels, catteries, and animal fanciers permits.
Chapters:
Chapter 6.04 - ANIMAL CONTROL
Chapter 6.08 - EXOTIC ANIMALS
Chapter 6.12 - SPAYING, NEUTERING AND BREEDING
Chapter 6.16 - ANIMAL FANCIERS PERMIT
Chapter 6.20 - KENNELS AND CATTERIES
Sections:
6.04.010 - Definitions.
6.04.020 - Animal control program.
6.04.030 - Rabies vaccinations.
6.04.040 - Dog and cat licenses.
6.04.045 - Three-year licenses for dogs and cats.
6.04.050 - Wolf hybrid registration.
6.04.060 - Public protection from dogs.
6.04.070 - Prohibited conduct.
6.04.080 - Protection of animals in motor vehicles.
6.04.090 - Release for confinement.
6.04.100 - Dangerous animal permit required.
6.04.105 - Declaration of vicious animals.
6.04.110 - Issuance of permit for dangerous animal.
6.04.115 - Hearing procedures.
6.04.120 - Mandatory dangerous animal permit requirements.
6.04.130 - Misdemeanor violations.
6.04.140 - Possession of animals after revocation of dangerous animal permit or vicious declaration.
6.04.150 - Inspection fee.
6.04.160 - Revocation or modification of permit.
6.04.170 - Animals to be impounded.
6.04.180 - Notice of impounded animals.
6.04.200 - Record of impounded animals.
6.04.210 - Field return fee.
6.04.220 - Redemption/spay neuter fee.
6.04.230 - Redemption fees.
6.04.240 - License fee to be paid upon redemption.
6.04.250 - Epidemics.
6.04.260 - Bite reporting requirements.
6.04.270 - Quarantine fee.
6.04.280 - Service fees.
6.04.290 - Schedule of fees and charges.
6.04.300 - Penalty for violation.
6.04.310 - Use of license and other revenue.
6.04.320 - Scope.
6.04.330 - Severability.
6.04.340 - Amnesty period and waiver of late penalties for payment of license fees.
Sections:
6.08.010 - Declaration of intent.
6.08.020 - Definitions.
6.08.030 - Permit required.
6.08.040 - Health department permit renewal.
6.08.050 - Approval of application.
6.08.060 - Revocation and suspension.
6.08.070 - Inspection.
6.08.080 - Impoundment.
6.08.090 - Rules and regulations.
6.08.100 - Exemptions.
6.08.110 - Appeals.
Chapter 6.12 - SPAYING, NEUTERING AND BREEDING
Sections:
6.12.010 - Definitions.
6.12.020 - Spaying/neutering.
6.12.030 - Breeding permits; administration.
6.12.040 - Sale or adoption of cats, dogs or wolf hybrids.
6.12.050 - Revocation of permit.
6.12.060 - Penalty for violation.
6.12.070 - Responsibility for enforcement.
Chapter 6.16 - ANIMAL FANCIERS PERMIT
Sections:
6.16.010 - Animal fancier permit program.
6.16.020 - Application for animal fancier permit.
6.16.030 - Issuance of permit.
6.16.040 - Permit conditions.
6.16.050 - Inspections.
6.16.060 - Expiration and renewal of permits.
6.16.070 - Permit revocation.
6.16.080 - Appeal of revocation of permit.
6.16.090 - New application after denial or revocation.
6.16.100 - Administrative guidelines.
6.16.110 - Mediation.
Chapter 6.20 - KENNELS AND CATTERIES
Sections:
6.20.010 - General provisions and definitions.
6.20.020 - The keeping of dogs and cats.
6.20.030 - Animal fanciers; Permit requirement.
6.20.040 - Kennels/catteries; Permit requirement.
6.20.050 - Application for kennel/cattery permit.
6.20.060 - Kennel/cattery permit criteria; Requirements and findings.
6.20.070 - Action on kennel/cattery permit; Conditions.
6.20.080 - Annual inspection and permit renewal; Transfer.
6.20.090 - Revocation of permits.
6.20.100 - Appeals.
6.20.110 - Nuisance.
6.20.120 - Mediation.
6.20.130 - Exceptions.
6.20.140 - Maintenance.
6.20.150 - Nuisance.
6.20.160 - Certificate of condition.
As used in this chapter:
"Animal Control Officer" means that person designated as the Animal Control Program Manager of the Division of Animal Control Services for the County and his or her duly authorized officers or deputies, as well as the President of the County's contract agent and his or her duly authorized officers or deputies.
"Animal Control Program" means that program within the Division of Animal Control Services of the Health Department of the County, or the County's designated contract agent or both, which is specifically charged with regulating and enforcing laws dealing with animal control within its jurisdiction.
"Animal Control Shelter" means the facilities provided by the County or the County's designated contract agent for the impounding of animals.
"Dangerous animal" means any animal, except a trained dog assisting a peace officer engaged in law enforcement duties, which, because of its disposition, behavior, training or other characteristic, constitutes a danger to persons or property, or which demonstrates any or all of the following behavior:
1. Any attack or other behavior which requires a defensive action by any person to prevent bodily injury or property damage or that results in an injury to a person or property;
2. Any aggressive attack or other behavior that constitutes a substantial threat of bodily harm to a person or animal, where such attack, injury or behavior occurs in a place where such person or animal is conducting himself or herself peaceably and lawfully;
3. An attack on another animal or livestock which occurs off the property of the owner of the attacking animal;
4. Any animal that has been deemed by another governmental jurisdiction as "potentially dangerous," "dangerous," "vicious," or any other similar designation.
"Director of Health Department" means that person so designated by the governing body of the County of San Mateo.
"Impoundment" means the picking up and confining of an animal by the Animal Control Program.
"Licensing program" means that program within the Health Department which is specifically charged with regulating and selling animal licenses and registrations in the County of San Mateo.
"Owner" of an animal means that person 18 years of age or over who holds the license to the animal, or if the animal is not licensed, that person 18 years of age or over legally entitled to possession of the animal concerned and who has primary responsibility for the care of the animal.
"Severe injury" means any physical injury directly caused by an animal attack that consists of muscle tears, multiple punctures, broken bones or disfiguring lacerations, or which requires multiple sutures or corrective or cosmetic surgery.
"Vicious animal" means any animal, except a trained dog assisting a peace officer engaged in law enforcement duties, which meets any or all of the following criteria:
1. Any animal previously designated as "dangerous," that, after investigation by an Animal Control Officer and/or Peace Officer, is found under conditions which constitute a violation of this chapter or applicable dangerous animal permit and which demonstrates a significant danger to the public health or safety;
2. Any animal seized under section 599aa of the Penal Code and/or upon the sustaining of a conviction of the owner or caretaker under subsection (a) of section 597.5 of the Penal Code;
3. Any animal which inflicts severe injury on or kills a human being or another animal;
4. Any animal which has engaged in any aggressive behavior which demonstrates that the animal represents a clear and present substantial danger to the public health or safety and that, due to substantial risk to the public health or safety, it is unlikely that the animal could be safely maintained under a dangerous animal permit.
"Wolf hybrid" means any offspring of domestic dogs bred to wild canids (e.g., wolves or coyotes) and their subsequent generations.
(Prior code § 3330.0; Ord. 966, 10/23/51; Ord. 2551, 12/12/78; Ord. 2719, 01/20/81; Ord. 2758, 12/01/81; Ord. 2850, 07/19/83; Ord. 3123, 09/15/87; Ord. 3653, 5/23/95; Ord. 3911, 06/01/99; Ord. 4278, 09/20/05; Ord. 4331, 10/17/06)
6.04.020 - Animal control program.
(a) Responsibility. The Animal Control Program is responsible for the enforcement of this chapter, and the duties of the Director thereof and his officers, agents, and employees shall include, but not be limited to, the following:
(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 chapter, 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.
(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 chapter.
(b) Scope of Authority of Humane Officers and Animal Control Officers. Humane Officers qualified and appointed pursuant to California Corporations Code section 14502, who are employees of any public pound, society for prevention of cruelty to animals or humane society which has contracted with the County to provide animal control services, shall have the authority to issue notices to appear in court pursuant to chapter 5c (commencing with section 853.5 of title 3 of part 2 of the Penal Code of the State of California) for violations of state and local animal control laws. This authority is based on section 14503 of the Corporations Code. Animal Control Officers shall have the authority provided by state law including but not limited to that described by Penal Code section 830.9.
(c) Right to Contract for Animal Control Services. The governing body may contract for animal control services to be performed County wide, including cities, provided agreement is made with other concerned jurisdictions.
(Prior code § 3330.1; Ord. 966, 10/23/51; Ord. 2551, 12/12/78; Ord. 2758, 12/01/81; Ord. 2850, 07/19/83; Ord. 3123, 09/15/87; Ord. 4278, 09/20/05)
6.04.030 - Rabies vaccinations.
Every dog or cat owner, after his/her dog or cat attains the age of four (4) months of age and/or within ten working days of purchasing a license shall procure from a licensed veterinarian, an anti-rabies vaccination to be administered in the manner prescribed or approved by the State of California Department of Public Health. This vaccination shall be obtained prior to issuing a license for the dog or cat. In addition, proof of vaccination shall be provided to the licensing program.
(Prior code § 3330.2; Ord. 966, 10/23/51; Ord. 2551, 12/12/78; Ord. 2758, 12/01/81; Ord. 2850, 07/19/83; Ord. 3030, 05/14/85; Ord. 3123, 09/15/87; Ord. 3344, 11/19/91; Ord. 3653, 5/23/95)
6.04.040 - Dog and cat licenses.
(a) Requirements. An annual license fee shall be paid for every dog or cat over the age of four (4) months owned or harbored in unincorporated San Mateo 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 or cat 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 6.04.290. The fee paid for the licensing of spayed or neutered 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. For purposes of this section any surcharge on the license fee imposed under section 6.04.290 shall not be considered part of the license fee. Any person who shall fail to pay such license fee after said fee is due, or said dog or cat is required to be licensed, shall in addition to paying any past due license fee or fees, also pay a penalty in accordance with section 6.04.290. A license shall be obtained, but no license fee shall be payable for the licensing of any dog being raised, trained or used to assist handicapped persons (such as those provided by Canine Companions) including but not limited to any dog which is being trained for guide or hearing purposes by a resident of the County or used for guide or hearing purposes by a handicapped resident of the County and which has come from a guide or hearing dog training facility such as Canine Companions, or for dogs which 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 crime prevention or control. Dog or cat licenses are not transferable between owners; however, if the dog or cat dies and the owner acquires a new dog or cat, the license is transferable to the new dog or cat. The license does not have to be renewed until the original purchase anniversary date. The fee paid for a dog or cat license is not refundable.
(b) Exemptions. The licensing provisions in this ordinance 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.
(2) Dogs or cats used for teaching purposes in recognized educational institutions.
(3) Dogs or cats owned by veterinarians which are licensed by the State and kept on the premises used by said veterinarians in their practice.
(4) Dogs or cats kept by owners of pet shops for purposes of sale, for circuses, for animal exhibits, or for other enterprises for which a business license has been granted by a local government.
(c) Tags. The Licensing Program shall procure plates or tags which bear the number of the license or registration. A record shall be kept with the name of the owner or possessor together with a description of the dog, cat, or wolf hybrid for which the license or registration is issued and the number of the license or registration, and a tag shall be provided to such person upon payment for such license or registration as provided by this code.
(d) Duplicate Tags. Whenever a tag has been lost or stolen, the owner or possessor of the cat, dog, or wolf hybrid 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 Licensing Program.
(e) Wearing of Tag Required. The owner of a dog, cat or wolf hybrid for which a license or registration is required shall affix such tag to a suitable collar, which collar shall remain on the dog, cat or wolf hybrid at all times.
(f) Alternative Identification/Implants. Animals with microchip implants or other permanent identification acceptable to Animal Control Services shall not be required to wear a tag or collar. All other licensing and registration requirements of this section shall apply to such cat, dog, or wolf hybrid.
(g) 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, cat, or wolf hybrid along with the breed, color, sex, and age of each animal sold or given away and shall forward such information to the Animal Control Services within thirty (30) days thereafter. An Animal Control Officer shall have the right to inspect such records during normal business hours, with forty-eight (48) hours prior notice to the owner or operator.
(h) Veterinarian Responsibilities. Every veterinarian who vaccinates or causes or directs to be vaccinated in the County any dog, cat, or wolf hybrid with anti-rabies vaccine shall certify that such animal has been vaccinated. Every veterinarian shall submit to the licensing authority a copy of the County-approved anti-rabies vaccination form, within ten (10) days of the beginning of each month, for any dog, cat or wolf hybrid which he/she vaccinates or directs to be vaccinated with anti-rabies during the previous month. An Animal Control Officer or Animal Licensing Officer shall have the right to inspect records of rabies vaccinations during normal business hours.
(Prior code § 3330.3; Ord. 966, 10/23/51; Ord. 2551, 12/12/78; Ord. 2573, 03/20/79; Ord. 2719, 01/20/81; Ord. 2758, 12/01/81; Ord. 2850, 07/19/83; Ord. 3017, 11/20/84; Ord. 3030, 05/14/85; Ord. 3123, 09/15/87; Ord. 3144, 05/17/88; Ord. 3344, 11/19/91; Ord. 3653, 05/23/95; Ord. 3911, 06/01/99)
6.04.045 - Three-year licenses for dogs and cats.
Notwithstanding section 6.04.040, a three-year license may be obtained for a cat or dog (excluding wolf hybrids) 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 6.04.290 of this code.
(Ord. 4090, 01/15/02)
6.04.050 - Wolf hybrid registration.
(a) Requirements. An annual registration fee shall be paid for every wolf hybrid over the age of four (4) months owned or harbored in unincorporated San Mateo County. Said registration fee shall be first due when the animal reaches four (4) months of age or within sixty (60) days after the animal is acquired, and due on the anniversary date of the original purchase date each year thereafter. All residents shall have sixty (60) days in which to register their wolf hybrid. Persons renewing their registration shall have thirty (30) days following their due date before being delinquent and having to pay a late penalty. The registration fee shall be as set forth in section 6.04.290. The registration fee for spayed or neutered wolf hybrids shall be less than said registration fee for unaltered wolf hybrids. At the time of registration, the wolf hybrid owner must show proof that the animal has been given anti-rabies vaccination by a licensed veterinarian to be administered in the manner prescribed or approved by the State of California Department of Public Health.
(Ord. 3653, 05/23/95)
6.04.060 - Public protection from dogs.
(a) Every owner or possessor of a dog shall at all times prevent such dog from biting or physically harassing any person engaged in a lawful act and from interfering with the lawful use of public or private property.
(b) Every owner or possessor of a dog shall at all times prevent such dog from causing substantial injury to another domestic animal while such domestic animal is lawfully upon public or private property. Substantial injury means any injury which results in veterinarian treatment or death.
(c) Every owner or possessor of a dog shall desist from commanding or provoking such dog to attack, sic or threaten a person when such person is peaceably and lawfully upon public or private property.
(d) Any person who violates any provision of subsections (a), (b), or (c) of this section is guilty of a misdemeanor. A trained dog assisting a peace officer engaged in law enforcement duties is excluded from this section.
(e) Nothing in subsection (a) of this section shall authorize the bringing of a criminal action arising out of bite(s) upon or physical harassment of members of the dog owners or possessors household.
(Prior code § 3330.4; Ord. 966, 10/23/51; Ord. 2261, 08/13/74; Ord. 2551, 12/12/78; Ord. 2758, 12/01/81; Ord. 2850, 07/19/83; Ord. 3123, 09/15/87)
6.04.070 - 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 this jurisdiction unless the animal is properly licensed, if such licensing is necessary hereunder, and under the control of the owner by being saddled, harnessed, 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 such animal.
(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 act in such a manner as to continuously 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 as described to in section 597(f) of the Penal Code.
(e) Subsection (a) of this section shall not be applicable to cats.
(Prior code § 3330.5; Ord. 966, 10/23/51; Ord. 2551, 12/12/78; Ord. 2758, 12/01/81; Ord. 2850, 07/19/83; Ord. 3123, 09/15/87)
6.04.080 - Protection of animals in motor vehicles.
(a) No person, other than an individual actually working a dog or other animal for ranching purposes, shall transport or carry on any public highway or public roadway, any dog or other animal in a motor vehicle unless the dog or other animal is safely enclosed within the vehicle or protected by a cap or container, cage, cross-tether, or other device to prevent the animal from falling from, being thrown from, or jumping from said motor vehicle. As used herein "motor vehicle" includes, without limitation, automobile, pickup truck and trailer.
(b) No person shall leave a dog or other animal in any unattended motor vehicle without adequate ventilation, sanitary conditions, or in such a manner as to subject the animal to extreme temperatures which adversely affect the animal's health or safety.
(c) Notwithstanding any other provision of this chapter, a violation of subsection (a) or (b) of this section shall be an infraction. Any animal control officer or law enforcement officer who witnesses such a violation shall have the right to impound the animal if, in his opinion, the animal's health or safety is or will be thereby endangered.
(Prior code § 3330.5.1; Ord. 2850, 07/19/83; Ord. 3123, 09/15/87)
6.04.090 - Release for 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 release is necessary to the immediate health and safety of the animal. This section shall not apply to Peace Officers or Animal Control Officers.
(Prior code § 3330.5.2; Ord. 2850, 07/19/83; Ord. 3123, 09/15/87; Ord. 3344, 11/19/91)
6.04.100 - Dangerous animal permit required.
(a) No person shall knowingly keep, have, maintain, sell, trade or let for hire an animal designated under the provisions of this chapter as dangerous without obtaining a 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 6.04.120 of this chapter. Any animal which is determined to be dangerous under this chapter and for which a permit has not been obtained shall be surrendered to an Animal Control Officer for appropriate disposition including humane destruction.
(b) If an Animal Control Officer or Peace Officer has investigated and determined that an animal is dangerous, the Animal Control Officer and/or Peace Officer shall deliver written notice of such determination to the owner of the animal. Should the animal pose a threat to the public health and safety, an Animal Control Officer may immediately impound the animal.
(c) If, after investigation by an Animal Control Officer or Peace Officer, that officer determines that probable cause does not exist to believe the animal is dangerous, any interested person may appeal that determination by submitting within five (5) calendar days of the decision a written request to the Animal Control Officer or Peace Officer for a hearing and paying the required fee. The hearing shall be conducted according to the procedures set forth in section 6.04.115 of this chapter.
(d) In determining whether or not an animal shall be declared dangerous, the Animal Control Officer, Peace Officer or Hearing Officer appointed pursuant to section 6.04.115 of this chapter, may consider, as a mitigating factor or factors, whether, at the time of the injury, attack or molestation, the person or animal suffering the injury, attack or molestation:
(1) Provoked, tormented, teased, abused or assaulted the animal, thereby causing or contributing to the alleged behavior;
(2) Committed a willful trespass or other tort upon the private property of the owner or caretaker of the animal;
(3) Threatened or committed an unjustified attack or assault against the owner, caretaker or person in control of the animal;
(4) Or any other mitigating factors deemed appropriate for consideration by the Animal Control Officer, Peace Officer or Hearing Officer.
(e) Upon receipt of written or oral notification by the Animal Control Officer and/or Peace Officer that an animal is dangerous as defined in this chapter, the owner shall submit an application for a Dangerous Animal Permit to the Animal Control Officer within five (5) calendar days. The application for a permit shall contain the name of the applicant, applicant's address, the applicant's home and business phone numbers, the address and description of the proposed location of where the animal will be kept, if different from applicant's, a complete description and a photograph of the animal. The permit shall contain all of the requirements of section 6.04.120 of this chapter and any additional conditions or requirements deemed necessary by the Animal Control Officer or Peace Officer to protect the public health or safety.
(f) Should the owner of the animal wish to contest the dangerous animal designation, the owner may request a hearing, to be conducted according to the procedures set forth in section 6.04.115 of this chapter. The owner shall submit a written request for a Dangerous Animal Hearing to the Animal Control Officer and/or Peace Officer within five (5) calendar days of written notification by the Animal Control Officer and/or Peace Officer that the animal has been declared dangerous. Should the owner not submit a request for a hearing within five (5) calendar days of notification, the hearing process shall be deemed waived by the owner, and the dangerous animal declaration will be considered final by the County Director of the Health System, or the city having jurisdiction. In that event, the County Director of the Health System or the City having jurisdiction may allow the dangerous animal permit to be issued without a hearing. Unless a dangerous animal permit is immediately obtained, the animal shall be impounded at the owner's expense pending appropriate disposition as determined by the Animal Control Officer and/or Peace Officer.
(Prior code § 3330.6; Ord. 966, 10/23/51; Ord. 2551, 12/12/78; Ord. 2758, 12/01/81; Ord. 2850, 07/19/83; Ord. 3123, 09/15/87; Ord. 3911, 06/01/99; Ord. 4278, 09/20/05; Ord. 4331, 10/17/06; Ord. 4438, 09/09/08)
6.04.105 - 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 pursuant to 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 and/or Peace Officer shall deliver to the owner of the animal written notice of that determination. The Animal Control Officer and/or Peace Officer shall immediately impound or cause to be impounded the animal and shall cause the animal to be humanely destroyed unless the owner requests a hearing under subsection (c) of this section.
(c) If the owner of the animal disputes the designation of an animal as a vicious animal by the Animal Control Officer and/or Peace Officer, he/she may submit a written request for a hearing to the Animal Control Officer and/or Peace Officer within five (5) calendar days of notification. Such hearing shall be conducted according to the procedures set forth in section 6.04.115 of this chapter. Failure of the owner to request a hearing shall result in the animal being declared vicious and humanely destroyed. The vicious animal declaration will be considered final by the County Director of the Health System, or the City having jurisdiction.
(d) If, after investigation by an Animal Control Officer or Peace Officer, that officer determines that probable cause does not exist to believe that the animal is vicious, any interested person may appeal that determination by submitting within five (5) calendar days of the decision a written request to the Animal Control Officer or Peace Officer for a hearing and paying the required fee.
(e) In determining whether or not an animal shall be declared vicious, the Animal Control Officer, Peace Officer or Hearing Officer may consider, as a mitigating factor or factors, whether at the time of the injury, attack or behavior, the person or animal suffering the injury, attack or behavior for which the animal is being determined vicious:
(1) Provoked, tormented, teased, abused or assaulted the animal thereby causing or contributing to the alleged behavior;
(2) Committed a willful trespass or other tort upon the private property of the owner or caretaker of the animal;
(3) Threatened or committed an unjustified attack or assault against the owner, caretaker or person in control of the animal;
(4) Or any other mitigating factors deemed appropriate for consideration by the Animal Control Officer, Peace Officer or Hearing Officer.
(Ord. 4278, 09/20/05; Ord. 4331, 10/17/06; Ord. 4438, 09/09/08)
6.04.110 - Issuance of permit for dangerous animal.
(a) No permit obtained under this section is transferable. If the owner's address or the location where the animal is kept changes or the owner transfers ownership of the animal, the permit shall become null and void and an application for a new permit must be submitted to the Animal Control Officer.
(b) A permit issued under this chapter is subject to renewal and approval each year and is subject to conditions and requirements existing as of the date of renewal. The permittee shall pay an annual fee for this permit pursuant to the procedures established by the Division of Animal Control Services. If permittee fails to file an application for renewal or pay the permit fee prior to the permit anniversary date the permit shall automatically become void. The fee for such permit shall be as set forth in section 6.04.290 of this chapter. This fee shall not be refundable.
(c) If the owner or permittee has a history of multiple violations of this chapter or of the conditions of any previously issued dangerous animal permit, the Animal Control Officer or Hearing Officer may deny the permit and impound the animal for appropriate disposition as determined by the Animal Control Officer or Hearing Officer.
(Prior code § 3330.6.1; Ord. 2758, 12/01/81; Ord. 2850, 07/19/83; Ord. 3123, 09/15/87; Ord. 4278, 09/20/05)
6.04.115 - Hearing procedures.
(a) Hearings held under this chapter shall be conducted by a Hearing Officer or designated representative appointed by the Director of the Health Department. Any city contracting with the County for animal control services may elect to utilize the services of any San Mateo County designated Hearing Officer to hold hearings under that city's animal control ordinances. The hearings shall be scheduled no less than five (5) working days and no more than fifteen (15) working days from the receipt of the request for the hearing unless agreed upon by the involved Animal Control Officer or Peace Officer and the animal owner. A hearing may be continued if the Hearing Officer deems it necessary and proper or if the owner, or Animal Control Officer and/or Peace Officer shows good cause.
(b) The hearing shall be conducted in an informal manner consistent with due process of law. Both the owner of the animal and Animal Control Officer and/or Peace Officer may be represented by counsel. The parties may present relevant evidence and call and cross-examine witnesses. The strict rules of evidence shall not be applicable. Any relevant evidence may be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs. The hearing shall be tape-recorded and all documentary evidence submitted at the hearing shall be preserved. 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.
(c) The Hearing Officer may exclude disorderly or disruptive persons from the hearing or make other orders as necessary to ensure the fair and orderly conduct of the hearing.
(d) The Hearing Officer may decide all issues for or against the owner of the animal should the owner fail to appear at the hearing.
(e) Within five (5) working days of the hearing, the Hearing Officer shall render a brief written decision, which decision shall be final at the administrative level. The written decision shall be mailed to the parties by certified mail and include a declaration or proof of mailing which includes the date on which the decision was mailed to the parties.
(f) Unless the Hearing Officer for good cause otherwise determines, the owner of the animal is liable for all costs related to such hearing not to exceed three hundred fifty dollars ($350).
(g) The failure to conduct a hearing required by this section shall have no bearing on any criminal prosecution for violation of any provisions of this chapter.
(h) In the case of animals determined by an Animal Control Officer or Peace Officer to be dangerous or vicious, the Hearing Officer may decide any or all of the following:
1) That the animal be designated "vicious" and the owner of the animal lose all rights of ownership and control of the animal and the animal shall be humanely destroyed. An animal designated as vicious will be held at the animal shelter for a minimum of five (5) calendar days from the date of the Hearing Officer's decision, after which time it may be humanely destroyed without further notice to the owner;
2) That the animal be designated "dangerous" and the owner must apply for and obtain a dangerous animal permit as provided by this chapter within five calendar days of receipt 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 6.04.120 of this chapter;
3) That the dangerous animal permit shall contain additional permit conditions to supplement the mandatory dangerous animal permit rules and regulations as defined in section 6.04.120 of this chapter, including, but not limited to, the following:
i) That the owner keep the animal muzzled at all times when the animal is off the owner's property,
ii) That the owner prove financial responsibility by posting a bond or certificate of insurance for an amount of $1,000,000 per animal as determined by the Hearing Officer,
iii) That the owner provide private behavioral and obedience training to the animal, at the owner's expense and within the time set forth by the Hearing Officer following the issuance of a dangerous animal permit. Proof of participation, a report of behavioral assessment, and/or a certificate of satisfactory completion from an animal behaviorist or organization approved by the Hearing Officer shall be provided to the Animal Control Officer within seven calendar days following any required training,
iv) That the owner comply with any other permit requirement the Hearing Officer deems necessary to protect the public health or safety,
v) That the owner reimburse the victim for the victim's medical expenses or the victim animal's veterinary expenses,
vi) Pursuant to section 6.04.160 of this chapter, that the dangerous animal permit be modified as ordered by the Hearing Officer, or revoked and the animal humanely destroyed.
(Ord. 4278, 09/20/05; Ord. 4331, 10/17/06)
6.04.120 - Mandatory dangerous animal permit requirements.
Any owner of a dangerous animal shall insure compliance with the following rules and regulations which shall be mandatory requirements for any dangerous animal permit:
(a) When the animal is off the property of its owner, the owner must ensure that the animal is restrained with a leash not to 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 to ensure that such restraint is sufficient to control the animal in a manner which it will not endanger other persons or animals.
(b) The owner shall maintain the animal so that it is not a threat to any mail carrier, sanitation worker, meter person, or other person who has the lawful right to enter the property.
(c) The owner shall ensure that the animal is not kept upon any unenclosed premise unless it is leashed and controlled by a person capable of controlling such animal. The owner shall ensure that the animal is not tethered, tied or staked at any unenclosed premise. The owner shall ensure that the animal is not kept in a house or structure when the windows or doors are open, or screen doors are the only obstacle preventing the animal from exiting the structure.
(d) The owner shall ensure that the animal is kept in a fenced yard, kennel, run or enclosure approved by the Animal Control Officer or Peace Officer. The owner shall ensure that all structures used to confine the animals are locked with a key or combination lock when such animals are within the structure. The owner shall regularly inspect the fenced yard, kennel, run or enclosure to ensure that it is secure to maintain the animal.
(e) The owner shall open premises upon which an animal is maintained at any reasonable hour for inspection by the Animal Control Officer or Peace Officer and said premises shall be surrendered for inspection by the owner upon the request of the Animal Control Officer or Peace Officer. The owner shall pay a fee for the costs incurred by County for the inspection or reinspection of property. Such fee shall be set forth in section 6.04.290 of this chapter.
(f) The owner of the dangerous animal shall post the entrances to the property where the animal is kept with a legible sign conspicuous to the public, warning persons of the presence of a dangerous animal. The owner of the dangerous animal shall obtain an approved sign from the Animal Control Program for a non-refundable fee and shall surrender such sign in the event of the revocation of the permit, death of animal, or approved relocation of the animal, or upon any other reasonable demand by an Animal Control Officer.
(g) The owner of any dangerous animal must 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.
(h) The owner shall strictly comply with all local and state laws regarding the care, use, control and maintenance of animals.
(i) In addition to a license, the owner shall ensure that the animal shall at all times wear a separate tag issued by the Division of Animal Control Services which designates it as a dangerous animal. The owner shall ensure that the dangerous animal be microchipped and registered with the Animal Control Program for a fee specified by section 6.04.290 of this chapter within thirty (30) calendar days from the date the permit was issued. The animal owner shall be responsible for payment of said fee which shall be utilized by the Animal Control Program to offset the cost of the chip and to maintain the registration program.
(j) The owner shall have the animal spayed or neutered by a licensed veterinarian, at the owner's expense, within fifteen (15) calendar days from the date the permit was issued. The owner shall present written proof to the Animal Control Officer that the surgery was performed. In the event an animal cannot be safely spayed or neutered due to medical reasons, the owner shall present written proof from a licensed practicing veterinarian to the Animal Control Officer that said animal cannot be spayed or neutered.
(k) The owner may not sell, transfer or otherwise dispose of such animal to another County or City without notifying Animal Control at least twenty-four (24) hours before such sale, transfer or disposal. Animal Control will notify the proper authorities of the jurisdiction to which the dangerous animal is transferred. Should the owner of a dangerous animal wish to transfer ownership of the animal to another individual within San Mateo County, the new owner must submit to a property inspection, apply for and obtain a new dangerous animal permit, pay all requisite fees, and comply with all provisions of this chapter and the requirements of the permit.
(l) No more than two dangerous animals may be kept at any one household.
(m) The owner shall not allow any animal designated "dangerous" as the result of aggression against human(s) to be kept on property or within a household in which a juvenile person under the age of eighteen resides.
(n) The owner of a dangerous animal must notify the Animal Control Officer of the animal's death within twenty-four (24) hours and shall produce the animal's body for verification upon request. The owner of a dangerous animal must notify the Animal Control Officer immediately in the event the animal becomes lost or stolen.
(o) The owner must pay all permit and property inspection fees as described in section 6.04.290 of this chapter.
(p) The owner shall comply with all other permit conditions or requirements imposed pursuant to section 6.04.115 or 6.04.100(a) of this chapter.
(Prior code § 3330.6.2; Ord. 2758, 12/01/81; Ord. 2850, 07/19/83; Ord. 3123, 09/15/87; Ord. 3911 06/01/99; Ord. 4278, 09/20/05)
6.04.130 - 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 subsection (a) of section 6.04.100 or subsection (a) of section 6.04.105 of this chapter shall be guilty of a misdemeanor.
(Prior code § 3330.6.3; Ord. 3123, 09/15/87; Ord. 4278, 09/20/05)
6.04.140 - Possession of animals after revocation of dangerous animal permit or vicious declaration.
No person who has been determined to be in possession or ownership of a vicious animal or a dangerous animal for which a permit has been revoked under this chapter shall be granted any dangerous animal permit for a period of three years following such determination or revocation.
(Ord. 4278, 09/20/05)
A fee shall be charged for the costs incurred by the County for the inspection or reinspection of property. The fee charged shall be paid by the owner or person who has custody of the animal. Such fee shall be set forth in section 6.04.290 of this chapter.
(Ord. 4278, 09/20/05)
6.04.160 - Revocation or modification of permit.
(a) Subject to the provision of subsection (b) of this section, any permit issued pursuant to this section may be revoked or modified by the inclusion of additional requirements or otherwise, if the Animal Control Officer has reasonable cause to believe any of the following to be true:
(1) The dangerous animal owner or any person the owner has allowed to have possession of the animal has violated any local animal ordinances, or is in violation of any zoning, health and safety or building ordinance or Penal Code section relating to the keeping, care or use of any animals;
(2) The owner or any person the owner has allowed to have possession of the animal has violated any rules, regulations or conditions of this chapter including, but not limited to, dangerous animal permit conditions, or any requirement imposed by the Animal Control Officer, Peace Officer or Hearing Officer as necessary to insure the animal will not endanger the peace, health or safety of any person or property; or
(3) The owner has changed the location of his residence or his place of business or sells, assigns, transfers, donates, leases, or otherwise disposes of the animal for which the permit was issued.
(b) In the event that it is reasonably necessary to protect against a threat to the health or safety of the public, or of any animal, the Animal Control Officer or Peace Officer may impound or cause to be impounded the animal while an investigation is taking place.
(c) If, after investigation, the Animal Control Officer or Peace Officer concludes that it is probable that one or more of the above grounds for revocation or modification of the permit has occurred, the officer shall cause written notice thereof to be transmitted 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, he/she may request a hearing to be held before a Hearing Officer not previously involved with the permit issuance or investigation, as designated by the Director of the Health System within five (5) calendar days of receiving the notice of intent to modify or revoke permit. Said hearing date shall be not less than five (5) working days or more than 15 working days subsequent to the date the request for hearing is received. The hearing shall be conducted as set forth in section 6.04.115 of this chapter. After the hearing, the officer conducting the hearing may modify the terms of the permit or revoke the permit depending upon the owner's ability to comply with the requirements of this chapter and to control the animal so that the health, safety and property of the public are protected.
(d) Upon written or oral notification by the Animal Control Officer, or Hearing Officer if a hearing was held, of any modifications to a dangerous animal permit, the owner shall immediately comply with such modified permit requirements.
(e) Upon written or oral notification by the Animal Control Officer, or Hearing Officer if a hearing was held, of the revocation of a permit for a dangerous animal, the owner of such animal shall within two (2) calendar days of such notification surrender said animal to an Animal Control Officer to be humanely destroyed, or provide written proof to an Animal Control Officer in the form of declaration(s) under penalty of perjury that such animal has been permanently removed from the County of San Mateo and declaring the new location or new address where the animal is to be kept.
(Prior code § 3330.6.5; Ord. 3264, 09/18/90; Ord. 4278, 09/20/05; Ord. 4331, 10/17/06; Ord. 4388, 09/09/08)
6.04.170 - Animals to be impounded.
(a) Every animal kept or found by an Animal Control Officer or Peace Officer under conditions which constitute a violation of this chapter or other state or local law may be impounded or caused to be impounded by an Animal Control Officer or Peace Officer. The animal's owner shall be charged with all costs incurred or fees applicable with respect to such impoundment.
(b) When the Animal Control Officer or Peace Officer has reasonable cause to believe that any animal is dangerous or vicious, the Animal Control Officer or Peace Officer may also impound or cause to be impounded the animal and keep it for such period not to exceed fifteen (15) days in order to observe, examine and determine whether or not such animal is dangerous or vicious.
(c) Any animal subject to dangerous or vicious animal proceedings may be impounded at the discretion of the Animal Control Officer or Peace Officer pending notice, hearings and determinations hereunder and until any required permit is obtained.
(d) Except as otherwise provided in this chapter or state law, an impounded animal may be redeemed by the owner, after payment of the required fees and charges and compliance with licensing requirements. In the event such animal is not so redeemed within the time set forth by state law, it may be disposed of in the manner determined by an Animal Control Officer.
(Prior code § 3330.7; Ord. 966, 10/23/51; Ord. 2551, 12/12/78; Ord. 2758, 12/01/81; Ord. 2850, 07/19/83; Ord. 3123, 09/15/87; Ord. 4278, 09/20/05)
6.04.180 - Notice of impounded animals .
Within twenty-four (24) hours of the impoundment of any animal, the Animal Control Officer shall mail a written notice thereof to the place of business or residence of the owner of the animal if known. In the event the animal may not be redeemed as provided by subsection (d) of section 6.04.170 of this chapter, the owner may request a hearing under section 6.04.115, subsections (a) through (g) of this chapter or applicable state law. The Animal Control Officer shall maintain records of said impoundment pursuant to section 6.04.200 of this chapter.
(Prior code § 3330.7.1; Ord. 3123, 09/15/87; Ord. 4278, 09/20/05)
6.04.200 - Record of impounded animals.
The Animal Control Program shall keep a record of all animals impounded, which record shall include a description of the animal, the date of its receipt, the date and manner of disposal, the name of the person redeeming or purchasing, and the fees and charges and proceeds of sales received on account thereof, and such additional matters as may be necessary and incidental to implementing this section. Said records shall be kept for four years.
(Prior code § 3330.7.3; Ord. 3123, 09/15/87; Ord. 4278, 09/20/05)
A fee shall be charged for any animal impounded by an Animal Control Officer and returned by the officer in the field to the owner or person who has custody of the animal. The fee charged shall be paid by the owner or person who has custody of the animal. Such fee shall be set forth in section 6.04.290.
(Prior code § 3330.7.4; Ord. 3264, 09/18/90)
6.04.220 - Redemption/spay neuter fee.
(a) Except as otherwise provided by this chapter or by any other law, the owner or person entitled to the control or custody of any animal impounded may, at any time before the sale or other disposition thereof, redeem the same by paying all proper fees assessed by the Animal Control Services. The Animal Control Services shall issue to the owner duplicate receipts for the amount of the fee paid.
(b) Upon redemption of any impounded unaltered animal, the owner will be required to pay a spay/neuter fee in the amount of $35.00 in addition to the impound fees imposed under section 6.04.290 of this chapter. Such fee shall be refundable upon proof of spay/neuter of the animal within thirty (30) days of the redemption date. Any unaltered animal impounded twice or more within a three-year period shall be altered at the owner's expense prior to redemption. At the option of the owner, required spaying or neutering may be performed by a private veterinarian.
(c) Any owner of an impounded animal subject to mandatory spay/neuter under subsection (b) of this section may petition, in writing, for a hearing conducted by the Animal Control Program Manager or his or her designee within three days following notice of the second impoundment. The hearing shall be held within four working days of such petition and shall be subject to the provisions of section 6.04.115, subsections (a) through (g) of this chapter. After the hearing, the Hearing Officer may require that the animal be spayed or neutered at the owner's expense, unless the Hearing Officer determines that good cause exists for not requiring that the animal be spayed or neutered.
(Prior code § 3330.8; Ord. 966, 10/23/51; Ord. 2551, 12/12/78; Ord. 2758, 12/01/81; Ord. 2850, 07/19/83; Ord. 3123, 09/15/87; Ord. 3344, 11/19/91; Ord. 3653, 05/23/95; Ord. 4278, 09/20/05)
Fees for animal shelter services shall be as set forth in section 6.04.290. No animal shall be released to its owner or possessor unless and until such fees are paid in full.
(Prior code § 3330.8.1; Ord. 3123, 09/15/87)
6.04.240 - 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.
(Prior code § 3330.9; Ord. 966, 10/23/51; Ord. 2551, 12/12/78; Ord. 2758, 12/01/81; Ord. 2850, 07/19/83; Ord. 3123, 09/15/87)
The County Department of Health Services 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 County 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 County Health Officer may include, but are not limited to, impoundment, quarantine, vaccination, or destruction. It shall be the duty of Animal Control Officers to assist the County Health Officer in carrying out such rules and regulations.
(Prior code § 3330.10; Ord. 966, 10/23/51; Ord. 2551, 12/12/78; Ord. 2758, 12/01/81; Ord. 2850, 07/19/83; Ord. 3123, 09/15/87)
6.04.260 - Bite reporting requirements.
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 Health System, Animal Control Program or to the local law enforcement agency having jurisdiction.
(Prior code § 3330.11; Ord. 966, 10/23/51; Ord. 1212, 04/09/57; Ord. 2551, 12/12/78; Ord. 2758, 12/01/81; Ord. 2850, 07/19/83; Ord. 3123, 09/15/87; Ord. 4438, 09/09/08)
A fee shall be charged for the costs incurred by County for the quarantine of animals including but not limited to investigation, inspection of property, confinement, examination and release of the animal from quarantine. The fee charged shall be paid by the owner or person who has custody of the animal. Such fee shall be in addition to the actual costs of the Health Officer or his designee in housing, feeding and otherwise caring for a quarantined animal. Such fee shall be set forth in section 6.04.290.
(Prior code § 3330.11.1; Ord. 3123, 09/15/87)
Animal Control Service fees for redemption of impounded animals, relinquishment, adoption, disposal, abatement, rescue, veterinary treatment or other services not specified in section 6.04.290 shall be reviewed by the Director of the Health System or his/her designee for reimbursement of costs. The Director of the Health System or his/her designee shall have the authority to determine the fee charged for said services. The fee charged shall be paid by the owner or person who has custody of animal(s) for which said services have been provided.
(Prior code § 3330.11.2; Ord. 3264, 09/18/90; Ord. 3911, 06/01/99; Ord. 4331, 10/17/06; Ord. 4438, 09/09/08)
6.04.290 - Schedule of fees and charges.
Animal Control fees and charges established by this code are as follows:
(a) License Fees
| Dog License Fees | |
| Unaltered dog | $30.00 (which includes a $1 surcharge on all licenses for the Animal Population Trust Fund) |
| Three year license | $87.00 |
| Altered dog | $12.00 |
| Three year license | $33.00 |
| Late penalty | $15.00 |
| Duplicate tag | $5.00 |
| Senior Discount (with proof citizen is 60 years of age or older) | |
| Unaltered dog | $11.00 |
| Three year license | $33.00 |
| Altered dog | $6.00 |
| Three year license | $15.00 |
| Cat License Fees | |
| Unaltered cat | $11.00 |
| Three year license | $33.00 |
| Altered cat | $6.00 |
| Three year license | $15.00 |
| Late penalty | $5.00 |
| Duplicate tag | $3.00 |
| Senior Discount (with proof citizen is 60 years of age or older) | |
| Unaltered cat | $6.00 |
| Three year license | $18.00 |
| Altered cat | $4.00 |
| Three year license | $9.00 |
| Wolf Hybrid Registration Fees | |
| Unaltered | $21.00 |
| Altered | $11.00 |
| Duplicate tag | $5.00 |
(b)
Redemption Charges
| Type A (large size animals, i.e., horses, cows, etc.) | |
| Impound cost | $100.00 |
| Board cost | $20.00 per day |
| Transportation cost | $50.00 per animal |
| Type B (medium size animals, i.e., hogs, sheep, etc.) | |
| Impound cost | $70.00 |
| Board cost | $20.00 per day |
| Trailering cost | $50.00 per use |
| Type C (dogs, cats and wolf hybrids) | ||
| Impound costs | Altered | Unaltered |
| First Offense | ||
| —Licensed dog/cat or registered hybrid, wearing tag | $30.00 | $50.00 |
| —Unlicensed/unregistrated, no tag | $40.00 | $70.00 |
| Second Offense | $60.00 | $80.00 |
| Third Offense | $90.00 | $100.00 |
| Fourth Offense | $120.00 | $140.00 |
| Fifth Offense and Up | $150.00 | $170.00 |
| Board cost—dogs/wolf hybrids | $15.00 per day | |
| —cats | $13.00 per day | |
| Type D (small size animals, i.e. birds, hamsters) | ||
| Impound cost | $15.00 | |
| Board cost | $5.00 per day | |
(c)
Adoption Fees
| Adoption Fee | |
| Dogs | $70.00 |
| Cats | $70.00 |
| Rabbits | $40.00 |
| Mice | $4.00 |
| Rats | $5.00 |
| Guinea Pig | $12.00 |
| Hamster | $8.00 |
| Pigeon/Dove | $3.00 |
| Duck/Goose/Chicken | $5.00 |
| Turtle | $5.00 |
| Exotic Snake | $25.00 |
| Goats/Pigs/Sheep | $35.00 |
| Horses | To be set on an individual basis |
(d)
Surrender, Euthanasia and Dead on Arrival Disposal Fees
| Surrender | Euthanasia | DOA Disposal | |
| Dog/Cat | $20.00 | $40.00 | $20.00 |
| Rabbit/Small Animal | $20.00 | $15.00 | $20.00 |
| Litter of three or more | $30.00 | $30.00 | $20.00 |
| Bird/Fowl | $20.00 | $10.00 | $20.00 |
| All Exotic Animals | $20.00 | $20.00 | $20.00 |
| Farm Animal | $35.00 | $50.00—$100.00 (to be determined individually) | $50.00—100.00 (to be determined individually) |
| (e) Quarantine Fee | $35.00 |
| (f) Dangerous Animal Permit Fee | $200.00 |
| (g) Field Return Fee | $35.00 |
| (h) Property Inspection Fee | $25.00 |
| (i) Breeding Permit Fee | $50.00 |
| (j) Fancier's Permit Fee | $50.00 per household |
(k)
The Division of Animal Control may establish license discounts for recognized animal rescue organizations and adoption discounts for senior citizens.
(Prior code § 3330.12; Ord. 966, 10/23/51; Ord. 2551, 12/12/78; Ord. 2758, 12/01/81; Ord. 2850, 7/19/83; Ord. 3123, 09/15/87; Ord. 3144, 05/17/8; Ord. 3264, 09/18/90; Ord. 3344, 11/19/91; Ord. 3653, 5/23/95; Ord. 4090, 01/15/02; Ord. 4179, 6/17/03)
6.04.300 - Penalty for violation.
Except as specifically stated elsewhere, any violation of the provisions of this ordinance, including those provisions relating to required fees, shall be punishable as an infraction, the penalty for which shall be as follows:
(a) A fine not exceeding one hundred ($100) dollars for a first violation.
(b) A fine not exceeding two hundred ($200) dollars for a second violation of the same ordinance within one year.
(c) A fine not exceeding five hundred ($500) dollars of each additional violation of the same ordinance within one year.
(Prior code § 3330.13; Ord. 966, 10/23/51; Ord. 2551, 12/12/78; Ord. 2758, 12/01/81; Ord. 2850, 07/19/83; Ord. 3123, 09/15/87)
6.04.310 - 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 ordinance.
(Prior code § 3330.14; Ord. 966, 10/23/51; Ord. 1340, 03/10/59; Ord. 1834, 06/13/67; Ord. 1942, 11/19/68; Ord. 2118, 11/30/71; Ord. 2262, 08/13/74; Ord. 2398, 10/19/76; Ord. 2447, 07/05/77; Ord. 2551, 12/12/78; Ord. 2758, 12/01/81; Ord. 2850, 07/19/83; Ord. 3123, 09/15/87)
The provisions of this ordinance shall be in effect in the unincorporated areas of this County and, except where so adopted, are not applicable to any City.
(Prior code § 3330.15; Ord. 966, 10/23/51; Ord. 2551, 12/12/78; Ord. 2758, 12/01/81; Ord. 2850, 07/19/83; Ord. 3123, 09/15/87)
If any section, subsection, sentence, clause, phrase or word of this ordinance or of this part 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 ordinance or this part.
(Prior code § 3330.16; Ord. 966, 10/23/51; Ord. 2262, 08/13/74; Ord. 2551, 12/12/78; Ord. 2758, 12/01/81; Ord. 2850, 07/19/83; Ord. 3030, 05/14/85; Ord. 3123, 09/15/87; Ord. 3344, 11/19/91)
6.04.340 - Amnesty period and waiver of late penalties for payment of license fees.
(a) An amnesty period consisting of the dates June 21, 1994 through June 30, 1994, is hereby declared within San Mateo County for payment of cat and dog license fees and for compliance with section 6.04.040 of the San Mateo County Ordinance Code, as provided herein.
(b) 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 earlier obtain such license or pay any applicable license fee, notwithstanding sections 6.04.040 and 6.04.290 of the San Mateo County Ordinance Code. The Board hereby waives any applicable late penalty; such waiver to apply only to those persons obtaining the required cat and/or dog licenses in person during the stated amnesty period.
(c) Applicants for cat and/or dog licenses are eligible for waiver of late penalty fees for any licenses obtained in person between the hours of 8:00 a.m. and 5:00 p.m., June 21, 1994 through June 30, 1994, at either the Peninsula Humane Society in San Mateo or the office of San Mateo County Animal Control in Redwood City, or between the hours of 1:00 and 4:00 p.m. at the Coastside Community Center in Half Moon Bay on Saturday, June 25, 1994.
(Ord. 3570, 05/24/94)
6.08.010 - Declaration of intent.
The Board of Supervisors of San Mateo County hereby finds and declares that it intends to provide for the public health, safety and welfare through the regulation and control of exotic animals not otherwise regulated and controlled by Federal, State or local laws as hereinafter provided.
These animals are considered to be dangerous animals. Total confinement facilities are necessary to protect the public health and safety and to assure proper animal welfare.
Full compliance with both Federal and State regulations is necessary before any permit is considered. Inquiries as to Federal and State regulations in regard to specific animal species shall be made to appropriate government bureaus or departments.
(Prior code § 3331.1; Ord. 2522, 07/18/78)
For the purpose of this chapter, unless it is plainly evident from the context that a different meaning is intended, certain terms used herein are defined as follows:
(a) "Exotic animal" shall mean any of the following:
(1) Following members of the Class Aves: Order Falconiformes (such as, but not limited to, hawks, eagles and vultures which are not kept pursuant to Federal or State permit), and Subdivision Ratitae (such as, but not limited to, ostriches, rheas, cassowaries and emus).
(2) Following members of the Class Mammalia: Order Carnivora, expressly excepting the domestic dog (Canis familaries) and the domestic cat (Felis cattus) and including, but not limited to, the Family Felidae (such as ocelots, margays, lions, tigers, jaguars, leopards and cougars), the Family Canidae (such as wolves, dingos, coyotes and jackals), and Order Marsupialia (such as kangaroos and common oppossums, Didelphis marsupialia) and Order Chiroptera (bats) and Order Edentata (such as sloths, anteaters and armadillos), and Order Proboscidea (elephants) and Order Primata (including, but not limited to, monkeys, chimpanzees and gorillas) and Order Ungulata (including, but not limited to, antelope, deer, bison and camels).
(3) Any species of animal when kept, maintained or harbored in such numbers or in such a manner as to constitute the likelihood of danger to the animals themselves, to human beings or to the property of human beings.
(4) Any species of animal which is venomous to human beings whether its venom is transmitted by bite, sting, touch or other means, except honey producing bees.
(b) "Venomous" shall mean having a gland for the secretion of venom able to inflict a poisoned bite, sting, or wound.
(c) "Owner" shall mean any person, firm or corporation owning, having an interest in, or having control, custody or possession of any exotic animal.
(d) "Person" shall include any person, partnership, corporation, trust, and association of persons.
(e) "Director" shall mean the Director of the Health System or his/her authorized deputy or representative.
(f) "Impound" shall mean to take possession of and hold in the custody of the director.
(Prior code § 3331.2; Ord. 2522, 07/18/78; Ord. 3301, 03/12/91; Ord. 3308, 03/12/91; Ord. 4438, 09/09/08)
No person shall own or keep any exotic animal without first applying to and receiving from the Planning and Building Department a use permit to do so. Section 6315(u) San Mateo County Ordinance Code, Zoning Annex.
The application for a Health System permit shall contain the name of the applicant, his address, the address of the proposed location of the exotic animal, (if different from the applicant's) and a brief description of the applicant's plan for keeping the exotic animal which shall include the species of animal, the number of individuals of each species and a description of the housing facilities, for the exotic animal, and the reason for the keeping of such animal.
Health System Permit fees for keeping of exotic animals shall be established by resolution of the Board of Supervisors. The initial Health System fee shall be a filing fee for the issuance of each Health System permit. Each permit shall be valid for a period of one year from the date of issuance unless revoked or suspended. The fee may cover either one exotic animal or a collection, and the maximum number of specimens permitted to be kept shall be specified in the permit. Whenever a new exotic animal or collection is added so as to exceed the maximum number permitted, a new Health System permit must be secured and a new fee shall be due and payable at the time of issuance of the permit.
Whenever, in any given Health System permit year, there are new exotic animals in a collection due to the reproduction of members of the collection or due to trade, exchange, or replacement in the same number and of the same zoological order as the members of the collection traded, exchanged or replaced, the new exotic animals do not require an additional permit during that year, provided the Director is notified in writing of the new exotic animals within thirty days of acquisition.
(Prior code § 3331.3; Ord. 2522, 07/18/78; Ord. 4405, 01/08/08; Ord. 4438, 09/09/08)
6.08.040 - Health department permit renewal.
Each succeeding year a renewal permit shall be obtained by a holder of a permit to keep exotic animals. The fee for the issuance of a renewal permit shall be the same as that fee currently chargeable for an initial permit, and it is due and payable each year on the anniversary of the date of the issuance of the initial permit. If during the preceding year or years, more than one initial permit has been issued an applicant, the former permits may be consolidated so that only one renewal permit is required; provided, however, that the renewal data for the consolidated permit shall be the date of the issuance of the earliest initial permit.
A renewal fee for an exotic animal Health System permit shall become delinquent ninety days after it becomes due and payable, and upon delinquency, an additional delinquent fee established by resolution of the Board of Supervisors shall be added to the regular fee. An unpaid delinquent fee shall be added to a succeeding year's renewal fee.
(Prior code § 3331.4; Ord. 2522, 07/18/78; Ord. 4438, 09/09/08)
6.08.050 - Approval of application.
Upon receipt of an application for an initial permit, the Director shall make any investigation deemed proper. The Director shall approve an application if all of the findings specified below are made. Alternatively, the application may initially be forwarded to the Public Works and Planning and Building Departments of the County or any other appropriate agency if the Director, in his/her discretion, concludes that the assistance of such departments/agencies is necessary in order for the Director to approve the application. Designated employees of those departments shall ascertain whether or not the applicant's plan is in conformity with the law administered by these departments. If the applicant's plan is in conformity with the law administered by said departments, their approval shall be indicated on the face of the application. If the applicant's plan is not in conformity with the law administered by said departments, the face of the application shall be marked "Not Approved" and the reason for non-approval noted thereon, along with any revisions or changes in the applicant's plan which if made would result in approval by the department in question.
Upon approval by said departments of the application for an initial Health System permit or upon the receipt of an application for a renewal permit, the Director shall make any investigation deemed proper. The Director shall approve an application if he/she finds all of the following:
(a) The keeping of the exotic animal at the location specified in the application will not violate any ordinance or other regulation of this County or any law of the State;
(b) The keeping and maintenance of the exotic animal will not endanger the peace, health, or safety of persons in the immediate vicinity, or in the County as a whole;
(c) The premises and housing where the exotic animal is to be kept are in clean and sanitary condition, and any exotic animal will not be subject to suffering, cruelty or abuse;
(d) The applicant has not had a Health System permit, issued pursuant to this chapter, revoked within a year prior to the date of application;
(e) The keeping and maintenance of the exotic animal does not constitute a public nuisance.
(Prior code § 3331.5; Ord. 2522, 07/18/78; Ord. 4405, 01/08/08; Ord. 4438, 09/09/08)
6.08.060 - Revocation and suspension.
Any Health System permit issued pursuant to this chapter may be revoked, if, after investigation and a duly noticed hearing, the Director finds any of the following to be true:
(a) The permittee, his agent or employee has been convicted of any offense involving the violation of sections 596 to 599 inclusive, of the Penal Code or is in violation of any zoning, health and safety or building ordinance relating to the keeping of exotic animals; or
(b) The permittee has failed to keep and maintain the premises or housing for the exotic animals in a clean and sanitary condition; or
(c) The permittee has at the place for which the permit is issued, failed to provide any exotic animal with proper food, water, shelter or attention; or
(d) The permittee has violated any rules, regulations or conditions adopted by the Director as necessary to insure the exotic animal will not endanger the peace, health or safety of any person or property; or,
(e) The permittee has changed the location of his residence or his place or business or sells, assigns, transfers, donates, leases, or otherwise disposes of the exotic animal for which the permit was issued.
If, after investigation, the Director concludes that it is probable that one or more of the above grounds for revocation has occurred, he/she shall cause written notice thereof to be transmitted by registered mail to the address of the permittee. Said notice shall specify the grounds of possible revocation of the Health System permit and shall specify a date and time for an informal hearing to be held before the Director thereon. Said date shall be not less than five days subsequent to the date of deposit of the notice in the mail.
After the informal hearing, the Director may modify the terms thereof or revoke the Health System permit depending upon the permittee's ability and/or willingness to comply with the requirements of this chapter.
In the event that it is reasonably necessary to protect against an immediate threat or danger to the public and/or animals' health or safety, the Director may suspend any Health System permit summarily, without a hearing, for a period not to exceed thirty days.
(Prior code § 3331.6; Ord. 2522, 07/18/78; Ord. 4438, 09/09/08)
Health System permits issued pursuant to the provisions of this chapter shall be surrendered for inspection by the permittee upon the request of the Director.
The Health System permit shall provide that as a condition for issuance, the premises on which an exotic animal is maintained shall be opened at any reasonable hour for inspection by the Director or his/her Designee.
(Prior code § 3331.7; Ord. 2522, 07/18/78; Ord. 4438, 09/09/08)
The Director or his/her 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 exotic animal upon denial, revocation, or suspension of a Health System permit or when any owner refuses to apply for a permit.
(Prior code § 3331.8; Ord. 2522, 07/18/78; Ord. 4438, 09/09/08)
6.08.090 - Rules and regulations .
The Director may formulate rules and regulations in conformity with, and for the purpose of carrying out the intent of this chapter. Compliance with such rules and regulations shall be a prerequisite to the issuance and continued validity of any Health System any permit provided for in this chapter.
(Prior code § 3331.9; Ord. 2522, 07/18/78; Ord. 4438, 09/09/08)
The provisions of this chapter are not applicable to the following:
(a) Owners who use animals for diagnostic purposes or research, and who have a valid permit issued by an appropriate State and/or Federal agency and whose animals are kept on the premises specified in the permit.
(b) 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.
(c) Owners of establishments licensed to keep animals for the purpose of resale whose animals are kept on the premises of such establishment or other authorized place.
(Prior code § 3331.10; Ord. 2522, 07/18/78)
Any person aggrieved by any decision or action resulting from the application of this ordinance may appeal to the Board of Supervisors within 5 days from the date of Health System permit denial. The filing of an appeal shall stay the decision or action appealed from; provided, that the filing of an appeal shall not stay any order of suspension or revocation.
(Prior code § 3331.11; Ord. 2522, 07/18/78; Ord. 4438, 09/09/08)
Chapter 6.12 - SPAYING, NEUTERING AND BREEDING
For the purposes of this chapter, the definitions contained in chapter 6.08 shall apply.
(Prior code § 3332.2; Ord. 3344, 11/19/91)
(a) Any person who owns or harbors within the unincorporated San Mateo County, any cat or dog over the age of six months which has not been spayed or neutered, shall procure either a license to keep an unaltered dog or cat or a license and permit for breeding cats or dogs issued by the San Mateo County Animal Control Program under section 6.12.030 of this chapter.
(b) A license shall be issued for an unaltered dog or cat if the owner signs a written statement that such animal will not be allowed to breed unless the owner has first obtained a breeding permit under section 6.12.030 of this code.
(c) Any person providing care or sustenance for a period of thirty days or longer shall be deemed the owner of such animal and shall adhere to the provision of the section.
(d) Subsection (c) above shall not be interpreted to apply to a person caring for barn cats or a colony of feral cats if such person:
(1) Registers (at no charge) with the Peninsula Humane Society or San Mateo County Animal Control Services as a caretaker for barn cats or feral cats. Such registration shall be optional for barn cats or feral cat colonies located within RM-CZ (Resource Management Coastal Zone) or the PAD (Planned Agricultural District);
(2) Regularly feeds or arranges for the feeding of the cats, including on weekends and holidays;
(3) Traps or makes a reasonable effort to trap all barn or feral cats over the age of eight (8) weeks in his/her care, and has them spayed or neutered;
(4) Has all trapped cats tested for feline leukemia and has those who test positive humanely euthanized or isolated indoors;
(5) Identifies barn or feral cats that have been spayed or neutered by means of ear notching, ear tipping, or ear tagging;
(6) Has all trapped cats vaccinated according to state and local laws.
(Prior code § 3332.4; Ord. 3344, 11/19/91; Ord. 3653, 5/23/95)
6.12.030 - Breeding permits; administration.
(a) No person shall cause or allow any dog or cat owned or harbored, in the unincorporated San Mateo County, to breed without first obtaining a breeding permit under this section.
(b) San Mateo County Animal Control Services shall administer a permit program to allow breeding of cats and dogs consistent with criteria and according to procedures contained in this chapter.
(c) Each applicant who is issued a permit to breed cats or dogs under this section shall pay a breeding permit fee according to the fee schedule contained in section 6.04.290 of this code.
(d) No person shall cause or allow the breeding of a male or female dog or cat without first obtaining a breeding permit issued by the Animal Control Services. Such breeding permit is required in addition to any license required under section 6.04.040 of this code. Breeding permits shall be valid for twelve months, renewable on an annual basis. Fees for such permit shall be as set forth in section 6.04.290. All breeding permits shall contain the following terms and conditions and be subject to all of the following requirements:
(1) No offspring may be sold or adopted and permanently placed until reaching an age of at least eight (8) weeks.
(2) No offspring may be sold or adopted until immunized against common diseases, or until they have begun a course of disease prevention under the direction of a State of California licensed veterinarian.
(3) If within one year of placement a new owner becomes unable or unwilling to continue ownership and responsibility for an animal, the permit holder shall assist in placement of the animal. If no suitable placement can be found within six (6) months, the permit holder shall accept return of the animal if healthy and shall become fully responsible for its care.
(4) Any permit holder advertising to the public the availability of any animal for adoption or sale must prominently display the permit numbers in any publications in which they advertise. Further, the permit number must be provided to any person adopting or purchasing an animal bred by the permit holder.
(5) The breeding permit holder shall adhere to minimum standards regarding the care and keeping of animals developed and approved by the Animal Control Services.
(Prior code § 3332.5; Ord. 3344, 11/19/91; Ord. 3653, 5/24/95)
6.12.040 - Sale or adoption of cats, dogs or wolf hybrids.
(a) Any person who provides or offers to the public, whether or not for compensation, any cat, dog, or wolf hybrid shall provide to their clients, free of charge, information, relating to pet care and ownership, including information where applicable, on County laws pertaining to animal control. This required information will be prepared and provided by San Mateo County Animal Control Services upon request.
(b) Any person offering cats, dogs, or wolf hybrids for sale or adoption shall disclose to any purchaser or adoptive owner information regarding the licensing, registration or permit requirements of San Mateo County applicable to such animal.
(c) No person shall offer for sale or adoption any cat, dog, or wolf hybrid on any public street, sidewalk or public park unless such person first obtains a business license to sell pets or is a recognized pet rescue/adoption agency such as Pets in Need and the Peninsula Humane Society.
(d) Prior to release for adoption, any animal adopted from any animal welfare agency shall be spayed or neutered as early as is medically appropriate, unless the adoptive owner obtains a certificate from a licensed veterinarian certifying as to the health reasons for failing to alter such animal.
(Prior code § 3332.6; Ord. 3344, 11/19/91; Ord. 3653; 5/23/95)
6.12.050 - Revocation of permit.
(a) Any permit issued pursuant to section 6.12.030 may be revoked if the Animal Control Officer has reasonable cause to believe any of the following to be true:
(1) The permittee has violated any County ordinances relating to the keeping, care or use of any animal including, but not limited to, those contained in chapters 6.04, 6.12 and 6.20 of the San Mateo County Ordinance Code;
(2) The permittee is in violation of any State health or safety law or regulation regarding animal care or control;
(3) The permittee has failed to comply with any condition or requirement of the permit or has failed to pay any fee imposed under this code;
(4) The permittee refused to allow inspection, upon forty-eight hours written notice, of any animal covered by the permit or the premises on which the animal is kept; or
(5) The permittee has transferred, sold or otherwise disposed of the animal for which the permit was issued.
(b) If, after inspection, the Animal Control Officer 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 revocation 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.
(c) The permittee may appeal the decision of the Animal Control Officer to the County Environmental Health Officer if the permittee gives written notice of such appeal within five working days of the decision.
(Prior code § 3332.7; Ord. 3344, 11/19/91)
6.12.060 - Penalty for violation.
Except as otherwise provided by this chapter, any violation of the provisions of this chapter shall be punishable as an infraction, the penalty of which shall be as follows:
(a) A fine not to exceed one hundred ($100.00) dollars for a first violation.
(b) A fine not exceeding two hundred ($200.00) dollars for a second violation within one year.
(c) A fine not to exceed five hundred ($500.00) dollars for each additional violation within the same year.
(Prior code § 3332.8; Ord. 3344, 11/19/91)
6.12.070 - Responsibility for enforcement.
The Animal Control Program shall be responsible for the enforcement and administration of this chapter.
(Prior code § 3332.9; Ord. 3344, 11/19/91)
Chapter 6.16 - ANIMAL FANCIERS PERMIT
6.16.010 - Animal fancier permit program.
(a) The Division of Animal Control shall administer an animal fancier permit program as described by this chapter to allow the keeping of dogs and/or cats up to a total of ten animals.
(b) In accordance with sections 6.20.010 through 6.20.030 of this code, up to a total of ten animals (dogs and/or cats) may be kept at any one premisses, in those zoning districts prescribed in the County zoning regulations, provided that a fancier's permit issued by the Animal Control Program Manager in accordance with this chapter in first obtained by the person keeping such animals.
(Prior code § 3332.12; Ord. 3344, 11/19/91; Ord. 3474, 02/09/93)
6.16.020 - Application for animal fancier permit.
Any application for an Animal Fancier Permit shall be made to the Division of Animal Control on a form provided by the Division. The application shall include the name of the applicant, his or her residence address and telephone number, the address of the proposed location where the animals are to be kept if different from applicant's address, and a description of the housing facilities for the keeping of the animals. The application shall also state the number of dogs and/or cats to be kept and include a copy of the current license certificate issued under section 6.04.040 of this code for each animal to be kept. The Animal Control Program Manager may require the applicant to provide any other information (s)he seems necessary to properly evaluate the application.
(Prior code § 3332.14; Ord. 3474, 02/09/93)
6.16.030 - Issuance of permit.
(a) An application for a fancier's permit shall include a statement from the applicant that:
(1) Keeping of the animals at the proposed location will not violate any federal, state or local law.
(2) Appropriate facilities of sufficient size exist at the proposed location to safely and adequately secure, feed, house, exercise and maintain the animals.
(3) The proposed location consists of a lot or lots of sufficient size to safely and adequately house, maintain and exercise the animals without disturbance to adjacent property owners or the public.
(4) Possession and maintenance of the animals at the proposed location will not result in the animals being subject to neglect, cruelty, or abuse.
(5) The applicant has neither had any animal license or permit revoked, nor has been convicted of any violation of any provision of chapters 6.04, 6.12, 6.16 or 6.20 of this code or any other state or local animal control law, within the past year.
(6) The keeping and maintenance of the animal will not create a public or private nuisance or endanger the public health, safety or welfare.
(7) The keeping of the animals at the proposed location complies with all County zoning regulations.
(b) The Animal Control Program Manager may investigate or require any further information or documentation which would assist in determining whether the statements made by the applicant are correct and whether the permit should be issued.
(Prior code § 3332.16; Ord. 3474, 02/09/93)
(a) Any permit issued under this chapter shall be made expressly subject to the following conditions:
(1) The permit holder shall provide veterinary care as needed and make every effort to keep all animals free of disease and parasites.
(2) The permit holder shall keep the animals' living quarters clean and sanitary.
(3) Any cages or structures housing animals shall be of a sufficient size to insure the health, safety and comfort of the animals and shall be placed at least three (3) feet from any lot line in residential areas.
(4) Any other conditions which the Division determines is reasonably necessary to protect the welfare of the animals kept or the public, health, safety or welfare.
(b) The fancier permit fee established under section 6.04.290 of this code shall be paid by the applicant prior to issuance of the permit. Such fee shall be paid each time a permit is issued or renewed.
(Prior code § 3332.18; Ord. 3474, 02/09/93)
(a) The Animal Control Program Manager may require any permit holder to produce for inspection any required animal license, permit or certificate of vaccination.
(b) The Animal Control Program Manager may, with 48 hours notice to the permit holder, conduct such inspections of the premises upon which animals are kept under a fancier's permit, as necessary to insure compliance with the conditions of the permit.
(c) Such inspection of the premises shall be based on the direct observations of an animal control officer or upon a non-anonymous compliant.
(Prior code § 3332.20; Ord. 3474, 02/09/93)
6.16.060 - Expiration and renewal of permits.
(a) Permits issued under this chapter shall expire one year after issuance.
(b) Permits may be renewed on an annual basis upon filing of a new application containing updated information and payment of the annual fancier's permit fee established by section 6.04.290.
(c) No permit shall be renewed if the Animal Control Program Manager has received two or more substantiated complaints concerning the location or manner of keeping of the animals or if the Animal Control Program Manager has determined that the findings set forth in section 6.16.030 cannot be made or that any of the grounds for revocation described by section 6.16.060 of this chapter exist.
(Prior code § 3332.22; Ord. 3474, 02/09/93)
Any permit issued under this chapter may be revoked by the Animal Control Program Manager if, after investigation, the Animal Control Program Manager finds reasonable cause to believe any of the following grounds exist:
(a) The permittee has violated any animal control laws or regulations, any zoning or health and safety laws or any regulations relating to the keeping of animals.
(b) The permittee has failed to keep and maintain in a clean and sanitary condition the premises on which the animals are kept.
(c) The permittee has acted in an inhumane or cruel manner in the treatment of the animals.
(d) The permittee has failed to provide any animal with proper food, water, exercise, shelter or veterinary care.
(e) The permittee has failed to comply with all conditions of the permit.
(f) The permittee has failed to pay any fee or obtain any license imposed under title 6 of this code.
(g) The permittee has provided false information in the permit application or has failed to cooperate in allowing inspection of the premises by the Animal Control Program Manager.
(Prior code § 3332.24; Ord. 3474, 02/09/93)
6.16.080 - Appeal of revocation of permit.
(a) Prior to revocation of a permit, the Animal Control Program Manager shall provide written notice to the permittee of its intention to revoke the permit. Such notice shall contain a statement of the grounds supporting permit revocation and shall advise the permittee that the permit will be revoked unless a hearing before the Director of the Health System or his/her designee is requested in writing to the Animal Control Program Manager within ten days of the mailing of the notice. Any request for a hearing must specify the reasons the license should not be revoked and why the grounds cited in the notice do not exist.
(b) Upon receipt of a request for hearing, the Animal Control Program Manager shall schedule a hearing before the Director of the Health System or his/her designee and shall provide the permittee with reasonable written notice of the date, time and place of the hearing.
(c) At the hearing, the petitioner and the Animal Control Program Manager may be represented by counsel, present oral and written evidence and cross-examine witnesses. The 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. In this regard, written statements, records or reports by a state or county officer or employee, or any law enforcement or fire protection officer or employee, or the animal control program or its agents, acting in the course and scope of their official duties, or written statements by any person made under penalty of perjury, may be admitted as evidence that the facts or conditions expressed therein do or do not exist.
(d) After the hearing, the hearing officer may revoke the permit or may impose additional conditions in order to allow continuation of the permit if he or she finds that substantial evidence supports the decision by the Animal Control Program Manager to revoke the permit. Alternatively, the hearing officer may determine that the permit should not be revoked.
(e) After a permit is revoked, the Animal Control Program Manager shall allow the permit holder reasonable time, not to exceed 90 days, to relocate those cats and dogs which may not be kept without a fancier permit: except that if the cause of revocation involves health or safety concerns or violations or animal neglect or cruelty the Animal Control Program Manager may immediately impound all of the animals.
(Prior code § 3332.26; Ord. 3474, 02/09/93; Ord. 4331, 10/17/06; Ord. 4438, 09/09/08)
6.16.090 - New application after denial or revocation.
If a license has been denied or revoked, the Animal Control Program Manager shall not accept a new application by the same person or member of the person's household less than twelve (12) months after such denial or revocation unless the applicant shows and Animal Control Program Manager determines that the grounds upon which the first license or application was denied or revoked no longer exist. Upon revocation, no part of the permit fee shall be refunded.
(Prior code § 3332.28; Ord. 3474, 02/09/93)
6.16.100 - Administrative guidelines.
The Animal Control Program Manager may formulate administrative guidelines in conformity with, and for the purpose of implementing, this chapter.
(Prior code § 3332.30; Ord. 3474, 02/09/93)
Upon receipt of a nuisance complaint regarding the holder of an Animal Fancier Permit, the Animal Control Program Manager ("Manager") may require the complainant(s) to mediate with the Animal Fancier permit holder as a precondition of investigation, citation and abatement of the nuisance. Such cases may be referred to the County Mediation Program. If the Manager determines mediation is appropriate and the complainants agree to mediate but the alleged violator refuses, the Manager may proceed with investigation and any appropriate enforcement.
(Prior code § 3332.32; Ord. 3474, 02/09/93)
Chapter 6.20 - KENNELS AND CATTERIES
6.20.010 - General provisions and definitions.
(a) The following shall be included when determining the number of animals kept: (1) any animal over the age of four (4) months; and (2) any animal to which care and sustenance have been provided for a period of thirty (30) days or longer, except where animals are boarded all animals over four (4) months shall be counted.
(b) For the purpose of this chapter, certain words and phrases are defined as follows:
(1) "Animal Fanciers" shall mean a person, business or entity who keeps at least five (5) dogs, or five (5) cats, or any combination of dogs and cats which totals five (5), not to exceed ten (10) dogs, or ten (10) cats, or any combination of dogs and cats which totals ten (10) per one-family dwelling unit.
(2) "Catteries" shall mean a place for breeding, raising, keeping, boarding or other handling of more than (10) cats per dwelling unit or per business establishment. Ancillary activities that may be conducted in association with keeping of animals at a cattery include, but are not limited to, grooming, training, and sales of animals and supplies.
(3) "Kennels" shall mean a place for the breeding, raising, keeping, boarding or other handling of more than ten (10) dogs, or more than ten (10) dogs and cats per dwelling unit or per business establishment. Ancillary activities that may be conducted in association with the keeping of animals at a kennel include, but are not limited to, grooming, training, and sales of animals and supplies.
(Prior code § 3400; Ord. 762, 10/21/47; Ord. 3344, 11/19/91; Ord. 3420, 11/10/92; Ord. 3445, 12/15/92)
6.20.020 - The keeping of dogs and cats.
(a) It shall be unlawful for any person, business or entity to keep or cause to be kept five (5) or more dogs, or five (5) or more cats, or five (5) dogs and cats in any combination per dwelling unit or per business establishment unless in conformance with this chapter. In addition to any civil remedy provided for by law, a violation of any provision of this chapter may be prosecuted as an infraction.
(b) The requirement to obtain an animal fanciers' permit or a kennel/cattery permit per sections 6.20.030 and 6.20.040, respectively, shall not be 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.
(2) Dogs or cats used for teaching purposes in recognized educational institutions.
(3) Seeing-eye dogs, other dogs trained for and used to assist disabled persons, or dogs trained for and used in drug enforcement, law enforcement or military operations.
(4) Veterinary hospitals, as defined in sections 6102.83.1 and 6102.83.2 of the County Zoning Regulations (Division 6, Part One of this Ordinance Code).
(5) Pet sales and/or grooming establishments, as defined in section 6102.67.1 of the County Zoning Regulations (Division 6, Part One of this Ordinance Code).
(Prior code § 3401; Ord. 762, 10/21/47; Ord. 3344, 11/19/91; Ord. 3420, 11/10/92; Ord. 3445, 12/15/92)
6.20.030 - Animal fanciers; Permit requirement.
Animal fanciers, as defined in section 6.20.010 (b)(1), shall locate only in those zoning districts where animal fanciers is an allowed use, and be subject to an animal fanciers' permit when required by the County Zoning Regulations (Division 6, Part One of this Ordinance Code). The securing of an animal fanciers' permit shall be in conformance with chapter 6.16 of this title.
(Prior code § 3402; Ord. 762, 10/21/47; Ord. 3420, 11/10/92; Ord. 3445, 12/15/92)
6.20.040 - Kennels/catteries; Permit requirement.
Kennels or catteries, as defined in sections 6.20.010 (b)(2) and (3), shall locate only in those zoning districts prescribed in the County Zoning Regulations (Division 6, Part One of this Ordinance Code) upon the securing of a kennel/cattery permit pursuant to this chapter.
(Prior code § 3403; Ord. 762, 10/21/47; Ord. 1457, 05/23/61; Ord. 3344, 11/19/91; Ord. 3420, 11/10/92; Ord. 3445, 12/15/92)
6.20.050 - Application for kennel/cattery permit.
Application for any kennel/cattery permit shall be filed with the County Planning and Building Division on a form furnished for such purpose. The application shall also include the following:
(a) Project description, including the maximum number of dogs and/or cats to be kept.
(b) Location map, site plan, floor plans and building elevations, as applicable to demonstrate compliance with section 6.20.060.
(c) Environmental Information Form.
(d) Proof of the owner's interest in the subject property and concurrence with the application.
(e) Notification materials including a list of the names and mailing addresses of all persons appearing on the latest available assessment roll of the County as owning property within three hundred (300) feet of the boundaries of the parcel which is the subject of the application, along with stamped and addressed legal sized envelopes for mailing.
(f) Transparencies (8½″ x 11″) of the site plan and associated development plans.
(g) Fees, in accordance with the Planning Service Fee Schedule adopted by the Board of Supervisors.
(h)Additional information as may be necessary in order to adequately evaluate the proposed facility's compliance with this chapter or with any other applicable federal, state and local laws.
(Prior code § 3404; Ord. 762, 10/21/47; Ord. 3344, 11/19/91; Ord. 3420, 11/10/92; Ord. 3445, 12/15/92)
6.20.060 - Kennel/cattery permit criteria; Requirements and findings.
An application for a kennel/cattery permit may be approved if the Zoning Hearing Officer makes all of the following findings:
(a) General Requirements for Kennels/Catteries.
(1) That the keeping and maintenance of the animals will not create a nuisance or endanger the public health, safety or welfare.
(2) That facilities exist at the proposed location to safely and adequately secure, feed, house, exercise and maintain the animals.
(3) That facilities exist at the proposed location to provide adequate light, ventilation and space for each animal to move, stand and sit.
(4) That possession and maintenance of the animals at the proposed location will not result in the animals being subject to discomfort, neglect, suffering, cruelty, or abuse.
(5) That the permit holder agrees to make every effort to keep all animals free of disease and parasites and provide adequate veterinary care as needed.
(6) Where permanent buildings are constructed for the keeping of animals, they shall be Type V or better construction as defined in the County Building Regulations (Division 7 of this Ordinance Code).
(7) That the keeping of the animals at the facility will not violate any federal, state or local law.
(8) That the applicant has not had any animal license or permit revoked or been convicted of violating of any provision of chapter 6.04, 6.12 or 6.16 of this Ordinance Code, or any other federal, state or local animal control law, within the past year.
(b) Specific Requirements for Kennels. If the kennel/cattery permit involves the keeping of dogs at the proposed facility, the Zoning Hearing Officer shall make the following additional findings:
(1) That any building, pen, run or other enclosure housing dogs is at least 300 feet from any residence on a neighboring property, unless an exception is granted pursuant to section 6.20.130.
(2) That where dogs are to kept primarily indoors, buildings constructed for that purpose shall have floors made of concrete, asphaltic concrete, or other impervious material, with drains provided as necessary to insure adequate drainage. Where dogs are to be kept primarily within a single-family dwelling, alternative provisions shall be made as appropriate to ensure dogs' quarters are easy to keep clean to the satisfaction of the Director of Environmental Health.
(3) That all outdoor dog pens and runs are kept free of standing water and are enclosed with a substantial fence which adequately secures the dogs.
(4) If the proposed kennel is located in an R-E, R-1, or RH Zoning District, the following additional findings shall apply:
a) That the kennel is located on a parcel at least one (1) acre in size.
b) That the keeping of dogs at the proposed facility involves no retail or wholesale activity other than that which is clearly incidental to the keeping, raising or breeding of dogs, and services or sales conducted on the premises are by appointment only, whereby only one customer or client is on the premises at a time, and sales are not oriented toward, or designed to attract off-the-street customers or clients.
c) Specific Requirements for Catteries. If the kennel/cattery permit involves a cattery, the Zoning Hearing Officer shall make the following additional findings:
(1) That the cats are kept at all times indoors or within a fully enclosed, covered building or enclosed run.
(2) If the proposed cattery is located in an R-E, R-1, or RH Zoning District, the following additional findings shall apply:
a) That the keeping of cats at the proposed facility is not detrimental to the single-family residential character of the neighborhood.
b) That the keeping of cats at the proposed facility involves no retail or wholesale activity other than that which is clearly incidental to the keeping, raising or breeding of cats, and services or sales conducted on the premises are by appointment only, whereby only one customer or client is on the premises at a time, and sales are not oriented toward, or designed to attract off-the-street customers or clients.
(Prior code § 3405; Ord. 762, 10/21/47; Ord. 3344, 11/19/91; Ord. 3420, 11/10/92; Ord. 3445, 12/15/92)
6.20.070 - Action on kennel/cattery permit; Conditions.
(a) Prior to any action on a kennel/cattery permit, the Zoning Hearing Officer shall hold a public hearing. If the Zoning Hearing Officer finds that the proposed facility will conform with this chapter and with any other applicable County regulations, the Zoning Hearing Officer may approve the kennel/cattery permit. The kennel/cattery permit shall be issued for twelve (12) months, subject to revocation. A permit may be issued at any time during the year and shall expire on the same date of the following year, unless (1) it is previously revoked; or (2) a renewal/amendment application is filed. In the case of renewal/amendment, the permit shall remain in effect until a decision is rendered on the renewal/amendment application.
(b) The Zoning Hearing Officer shall approve a kennel/cattery permit subject to the following conditions:
(1) The permit holder shall comply with all requirements for kennels/catteries, as specified in section 6.20.060.
(2) The permit holder shall post the kennel/cattery permit issued as provided herein in a conspicuous place in the facility, or provide it for inspection upon request.
(3) Any other conditions which the Zoning Hearing Officer determines are reasonably necessary to ensure compliance with all applicable federal, state and local requirements and to protect the welfare of the animals kept or the public health, safety or welfare.
(Prior code § 3406; Ord. 762, 10/21/47; Ord. 2067, 08/25/70; Ord. 3344, 11/19/91; Ord. 3420, 11/10/92; Ord. 3445, 12/15/92)
6.20.080 - Annual inspection and permit renewal; Transfer .
(a) Kennel/cattery permits shall, upon application and the payment of the required annual fee set by Board resolution, be renewed by the Planning Director for twelve (12) months, provided that the operation of the facility during the previous twelve (12) month period has been in full conformance with this chapter and other applicable federal, state and local laws. Prior to permit renewal, County staff shall notify the permit holder that an inspection of the facility will be conducted to ensure there is continuing conformance with all applicable laws and permit conditions. A certificate issued by the County Environmental Health Services Division stating the condition of the facility when last inspected shall be posted in a conspicuous place in the facility, or provided for inspection upon request.
(b) Any kennel/cattery permit issued for a kennel or cattery at a specified location as provided herein shall be transferable to another permit holder at the same location upon the written application of the holder of the permit to the Planning Director, and with the consent of the latter endorsed thereon.
(Prior code § 3407; Ord. 762, 10/21/47; Ord. 3344, 11/19/91; Ord. 3420, 11/10/92; Ord. 3445, 12/15/92)
6.20.090 - Revocation of permits.
(a) Any permit issued under this chapter may be revoked by the Planning Commission if it makes any of the following findings:
(1) That the permit holder or his/her agents(s) has been convicted of violating any animal control laws or regulations, any zoning or health and safety laws or any regulations relating to the keeping of animals.
(2) That the permit holder or his/her agent(s) has failed to comply with any conditions of the permit.
(3) That the permit holder or his/her agent(s) has failed to pay any fee or obtain any license imposed under title 6 of this Ordinance Code.
(4) That the permit holder or his/her agent(s) has provided false information in the permit application or has failed to cooperate in allowing inspection of the premises by County staff.
(b) Prior to revocation of a kennel/cattery permit, the Planning Director shall notify the permit holder in writing of the intention to revoke the permit. Such notice shall contain a statement of the grounds supporting permit revocation and shall specify the date, time and place of a public hearing to be held before the Planning Commission to consider the revocation. Notification of the hearing shall also be sent to property owners within three hundred (300) feet of the boundaries of the subject parcel.
(c) At the hearing, the permit holder shall have a right to appear in person or by counsel and to introduce such evidence as (s)he may desire to show cause why the permit should not be revoked and why the grounds cited in the notice do not exist.
(d) After the hearing, the Planning Commission may revoke the permit or may impose additional conditions in order to allow continuation of the permit if it finds that any of the grounds for revocation exist. Alternatively, the Planning Commission may determine that the permit should not be revoked. In any case, the decision of the Planning Commission shall be final.
(e) After the permit is revoked, the County Animal Control Program Manager shall allow the permit holder a reasonable time, up to thirty (30) days, to relocate those cats/dogs which exceed the keeping of pets, or may immediately impound all the animals if the cause of revocation involves health and safety violations or animal neglect or cruelty in accordance with State law.
(Prior code § 3408; Ord. 762, 10/12/47; Ord. 3344, 11/19/91; Ord. 3420, 11/10/92; Ord. 3445, 12/15/92)
The applicant or any interested person adversely affected by the Zoning Hearing Officer's decision to grant or deny a kennel/cattery permit may appeal that decision to the County Planning Commission by filing a notice of appeal with the Planning and Building Division within ten (10) days of the decision. The notice must clearly identify the decision which is being appealed and state the grounds for the appeal. The notice must also be accompanied by a filing fee in the amount established by resolution of the Board of Supervisors.
(Prior code § 3409; Ord. 762, 10/12/47; Ord. 3344, 11/19/91; Ord. 3420, 11/10/92; Ord. 3445, 12/15/92)
It is hereby declared to be a nuisance to maintain any facility subject to a kennel/cattery permit in an obnoxious, offensive or unsanitary condition, or to operate a kennel/cattery facility without the required permit(s).
(Prior code § 3410; Ord. 762, 10/21/47; Ord. 3344, 11/19/91; Ord. 3420, 11/10/92; Ord. 3445, 12/15/92)
If upon receipt of a nuisance complaint regarding a kennel or cattery, the County determines that the matter would be appropriate for mediation, the County may require the complaint(s) to agree to mediate with the alleged violator as a precondition of County investigation, citation and abatement of the nuisance. Such cases shall be referred to the County Mediation Program, or to the appropriate program of the Peninsula Conflict Resolution Center. If the complaints agree to mediate, but the alleged violator refuses, the County may proceed with investigation and any appropriate enforcement.
(Prior code § 3411; Ord. 762, 10/21/47; Ord. 3420, 11/10/92; Ord. 3445, 12/15/92)
The Zoning Hearing Officer shall have the right to modify the strict application of this ordinance where there are extraordinary conditions affecting the property of the applicant. If the Zoning Hearing Officer finds that by following the strict letter of this ordinance unreasonable restrictions, unnecessary and extraordinary hardships or damage will be imposed upon the applicant, then any of the provisions or regulations hereof may be modified, in harmony with the general purpose and objectives hereof to the end that the public health, safety and welfare may be secured.
(Prior code § 3412; Ord. 762, 10/21/47; Ord. 3420, 11/10/92; Ord. 3445, 12/15/92)
Kennels and catteries shall be kept in a clean and sanitary manner and shall be thoroughly cleaned daily and sprayed periodically to prevent breeding of flies and insects.
(Prior code § 3413; Ord. 762, 10/21/47; Ord. 3344, 11/19/91)
It is hereby declared to be a nuisance to maintain any kennel or cattery in an obnoxious, offensive or unsanitary condition.
(Prior code § 3414; Ord. 762, 10/21/47; Ord. 3344, 11/19/91)
6.20.160 - Certificate of condition.
A certificate issued by the Health Officer stating the condition of kennels or catteries when last inspected shall be posted in a conspicuous place in the kennels or cattery building.
(Prior code § 3415; Ord. 762, 10/21/47; Ord. 3344, 11/19/91)