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Chapter 8.02 - ANIMAL CONTROL
8.02.002 ADOPTION OF SAN MATEO COUNTY'S "ANIMAL CONTROL" ORDINANCE.
SectionSections 6.04.010 through 6.04.330370 of the San Mateo County Ordinance Code (Animal Control Ordinance), as they were in existence or adopted by the County on September 20, 2005as of January 9, 2024, are referred to, adopted and made applicable within the City and made a part of this Code, except as specifically otherwise provided in this chapter. Amendments thereto shall be adopted by the City in accordance with procedures for adoption of amendments to ordinances.
8.02.004 ANIMAL CONTROL OFFICERS—APPOINTMENT OF—ENFORCEMENT POWERS.
The Animal Control Officers of the Peninsula Humane Society, a private nonprofit corporation with whom the County contracts for enforcement of its "Animal Control" ordinance, are appointed Animal Control Officers of the City and are authorized and directed to enforce in the City:
(a) The provisions of this chapter adopted under §Section 8.02.002 hereof. (b) The other provisions of this title.
8.02.006 VIOLATIONS.
It is unlawful to commit any act declared by any provision of this chapter to be unlawful, to violate this chapter, or to fail to comply with the mandatory requirements of this chapter.
8.02.010 DEFINITIONS (County Code § 6.04.010).
(a) "Animal Control Officer" means thatany Person designated as the Animal Control Program Manager of the Division of Animal Control Services for the County and his or her , as well as the head of the County’s animal control contractor and their 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.. In the event the County has no animal control contractor to provide Animal Control Officers, or in cases of emergency in which additional animal control officers are needed, “Animal Control Officer(s)” may include Persons so designated by the Animal Control Program Manager.
(b) "Animal Control Program" means that program within the Division of Animal Control Services of the Environmental Services Agency of the County, or the County's designated contract agent or both, whichestablished by the County and participating cities, and the Program’s animal control contractor(s), if any, which contractor is specifically charged with regulating and enforcing laws dealing with animal control within its jurisdiction.the participating jurisdictions. Animal Control Program includes the Licensing Program. (a) "Animal Control Shelter" means the facilities provided by the County or the County's designated contract agent for the impounding of animals.
(b) "Director of Environmental Services Agency" means that person so designated by the governing body of the County of San Mateo.
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(c) "Licensing Program"“Animal Control Program Manager” means that Person employed by the County to oversee the Animal Control Program or designee.
(d) "Animal Control Shelter" means a County facility operated by the County, or by another public entity, an accredited, tax-exempt humane non-profit organization contracted with the County, or a for-profit business contracted with the County for the purpose of impounding, sheltering, adopting, or euthanizing seized, stray, distressed, homeless, abandoned, or unwanted animals.
(c) “Caretaker” means that program within the Division of Revenue Services of the Employee and Public Services Agency which is specifically charged with regulating and selling animal licenses and registrations in the County of San Mateo.
(d) "Impoundment" means the picking up and confining of an animal by the Animal Control Program. (e) "Owner" of an animal means thatany 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 andolder, who has primaryassumed responsibility for the care, custody, or control of thean animal.(s).
(f) "“County” means the County of San Mateo.
(f)(g) “Dangerous Animal"” means any animal, except a trained doganimal assisting a peace officer engaged in law enforcement duties, which because of its disposition, behavior, training or other characteristicthat constitutes a danger to Persons or property, animals, and/or which demonstrates any or all of the following behavior:(s):
(1) Any attack or other behavior which requires a defensive action by any person to prevent bodily injury or property damage or Behavior that results in an injury to a person or property. (2)(1) Any aggressive attack or other behavior that bodily harm that is less serious than a “Severe Injury,” or constitutes a substantial threat of bodily harm to a Person or animal, where such attack, injury or behaviors occurs in a place where such person or animal is conducting himself or herself peaceably and lawfully.; or
(3)(2) An attack on another animal or livestock which occurs off the property of the Owner of the attacking animal.which results in an injury that is sufficient to require veterinary care even if not received.
AnyAn animal thatwhich has been deemeddeclared by another governmentalan out of County jurisdiction as "“potentially dangerous," ",” “dangerous," ",” “vicious,",” or any other similar designation, may be deemed a Dangerous or Vicious Animal for the purposes of this Chapter, as determined by an Animal Control Officer.
(g) "Wolf Hybrid" means any offspring of domestic dogs bred to wild canids (e.g., wolves or coyotes) and their subsequent generations.
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(h) “Health Officer” means that Person so designated by the County. (i) “Humane Officer” means any Person who is qualified to and appointed pursuant to California Corporations Code Section 14502, and who is an employee of the County and designated as such by the County or an employee of a society for prevention of cruelty to animals or humane society that has contracted with the County to provide animal control services.
(j) "Licensing Program" means that program within the County Health Department, including by not limited to, any County contractor specifically charged with regulating and selling animal licenses in the County. (k) "Owner" means any Person 18 years of age or over who:
(1) holds the license to the animal; or
(2) if the animal is not licensed, is legally entitled to possession of the animal; or (3) has exercised primary responsibility for the care of the animal for thirty (30) or more consecutive calendar days.
(l) “Person” means any individual, partnership, corporation, organization, trade or professional association, firm, limited liability company, joint venture, association, trust, estate, or any other legal entity, and any officer, member, shareholder, director, employee, agent, or representative thereof. (m) “Severe Injury” means any physical injury to a human caused by an animal attack that involves tooth derived muscle tears, disfiguring wounds or laceration(s), multiple bites requiring sutures, broken bones and/or requires corrective surgery.
(n) “Service Animal” means any animal defined as such by federal or state law. (h)(o) "Vicious Animal" means any animal, except a trained doganimal 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 subdivision (a) of the 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.
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(i) "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.
(1) Any animal, at the time of the attack, is already designated as a Dangerous Animal and/or is the subject of a Dangerous Animal Permit, and which is found to have engaged in any of the following:
(A) Behavior that results in bodily harm, or constitutes a substantial threat of bodily harm, to a Person; or
(B) An attack on another animal which results in an injury that is sufficient to require veterinary care, whether or not received.
(2) Any animal that inflicts Severe Injury to or kills a Person. (3) Any animal which cannot be safely maintained with a Dangerous Animal permit. . (4) Any animal designed by another governmental jurisdiction as, “dangerous”, "vicious", or any other similar designation, if that prior designation is based on behavior which would meet the definition of a Vicious Animal under this Chapter, as determined by an Animal Control Officer.
8.02.020 ANIMAL CONTROL PROGRAM (County Code § 6.04.020). (a) RESPONSIBILITY. The Animal Control Program is responsible for the enforcement of this ordinance, and the duties of the Director thereof and his or her officers, agents, and employeesAnimal Control Program shall include, but not be limited to, the following:
(1) To administer anProvide animal control shelter, sheltering services, and a rabies control program to carry out and enforce all provisions of this Chapter and California Health & Safety Code section 121690, and keep such records as may be required by law or contract. (2) To Enforce the provisions of this Chapter and all applicable state and local laws relating to the care, treatment, and impounding of animals, and specifically to issue citations and to make arrests for violations of the provisions of this Chapter and related state laws, to the extent authorized by law. (3) Impound animals found to be in violation of this Chapter in the interest of protecting public health and safety.
(4) Investigate animals pursuant to this Chapter or applicable state law and, if deemed appropriate, designate any such animals as Dangerous or Vicious pursuant to this Chapter. (2)(5) Impound animals which are in violation of this ordinance, or for the imminent or ongoing danger, or which are in need of safekeeping in order to protect the health and safety of the animal to protect its health and welfare.
(6) Impound animals that are causing a threat to public safety. 9 5
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(7) Where authorized under the law, to enter upon any premises upon which any animal is kept in order to seize or impound of any animal if reasonable cause exists to believe that such animal is being kept or has behaved in violation of the provisions of this Chapter. (3)(8) To remove and dispose of the carcass of any animal(s) found on any public highway, street, alley,right of way, except freeways or other public placeareas maintained by Caltrans. (4)(9) To Quarantine animals under the direction of the County Health Officer to ensure public health and safety.
(5)(10) To destroyEuthanize and/or dispose of animals after due notice to the owneranimal(s) humanely and pursuant to the procedures set forth hereinin accordance with the law. (11) To sellPlace for adoption, when appropriate, properly impounded animals if such animals are not redeemed after due notice to known Owners in accordance with the law. (12) Provide and hold vaccination clinics in strategic locations throughout the County pursuant to Health and Safety Code 121690.
(6)(13) Provide or make available at low cost, spay/neuter surgeries to the ownerdogs, cats, and rabbits.
(7) To enforce all provisions of this ordinance.
(14) SCOPE OF AUTHORITY OF HUMANE OFFICERS AND ANIMAL CONTROL OFFICERS.
HumaneProvide for issuance of an animal license for a period not to exceed the term of the anti-rabies vaccination, as provided by state law.
(15) To collect any fees or charges provided for in this Chapter for the licensing, impounding and/or keeping of any animal, or for the enforcement of this Chapter. (b) Animal Control Officers qualified and appointed pursuant to California Corporations Code 14502under Penal Code section 830.9, who are either employees of any public pound,the County designated as such by the County, or employee(s) of and designated as such by a society for prevention of cruelty to animals or humane society which has contracted with the County to provide animal control services, shall have the authority to issue citations and/or notices to appear in court pursuant, and obtain and execute search warrants to chapter 5c (commencing with section 853.5 of title 3 of part 2 of the Penal Code of the State of California)maximum extent allowed by law, 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. Animal Control Officers must complete Penal Code section 832 training.
(c) RIGHT TO CONTRACT FOR ANIMAL CONTROL SERVICES. The governing bodyThose employees of a society for prevention of cruelty to animals or humane society under contract with the County to provide animal control services, who have been appointed and qualify as Humane Officers under California Corporations Code section 14502, or its successor statute, shall have the authority to issue citations and/or notices to appear in 9 5
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court, and obtain and execute search warrants, to the maximum extent allowed by law, for violations of state and local animal control laws.
(c)(d) The County may contract for animal control services to be performed county widecountywide, including within cities, provided agreement is made with other concernedthe participating jurisdictions.
8.02.030 RABIES VACCINATIONS (County Code § 6.04.030).
(a) Every dog or cat owner, after his or her /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 shall ensure their animal is vaccinated for rabies by a licensed veterinarian, an anti-rabies vaccination to be administered in the manner prescribed or approved by state law and the State of California Department of Public Health, after the dog or cat attains the age of three (3) months of age and/or within ten (10) calendar days of acquiring an unvaccinated animal. This vaccination shall be obtained prior to issuing a license for the dog or cat. In addition, proof of vaccination shall be provided by the Owner or Veterinarian to the Licensing Program or the County’s animal control contractor. (b) Every veterinarian who vaccinates or causes or directs to be vaccinated in the County any dog, or cat with rabies vaccine shall certify that such animal has been vaccinated. Every veterinarian shall submit to the licensing authority a copy of the County-approved rabies vaccination form, within ten (10) calendar days of the beginning of each month, for any dog or cat which they vaccinate or direct to be vaccinated with anti-rabies during the previous month. An Animal Control Officer or Animal Licensing staff shall have the right to inspect records of rabies vaccinations during normal business hours. (c) Upon receipt of a written request from a licensed veterinarian to exempt a microchipped pet from receiving a one or three-year vaccination, for medical reasons, the County Health Officer and/or designee shall review the basis for the request for exemption and approve or/deny said request.
8.02.040 DOG AND CAT LICENSES (County Code § 6.04.040). (a) REQUIREMENTS. An Licensing requirements for dogs and cats shall be as follows:
(1) An annual license shall be obtained, and an annual license fee shall be paid by the Owner for every dog or cat over the age of four (4three (3) months owned or harbored in this city that has adopted the provisions of this ordinance.kept in the City. Said annual license fee shall be first due when the animal reaches four (4three (3) months of age or within 60 calendar days after the dog or cat is acquired, and due on the anniversaryexpiration date of the original purchase daterabies vaccination and each year thereafter.
(2) New residents shall have sixty (60) calendar days in which to acquire such license. (3) Persons renewing their license shall have thirty (30) days following their due date before being found delinquent and having to payassessed a late penalty. (4) The fee for such license shall be as set forth in Section 8.02.290350. The fee paid for the licensing of spayed or neuteredaltered dogs or cats shall be less than said license fee for unaltered dogs or cats upon presentation of the proper certification. The license fee paid by Persons over the age of 60 9 5
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shall be at a discount. For purposes of this section any surcharge on the license fee imposed under Section 8.02.290 shall not be considered part of the
(5) An Owner may obtain a three-year license fee. for a cat or dog by submitting to the Licensing Program adequate proof of a three-year rabies vaccination of the animal to be licensed and payment of the applicable fees, as set forth in section 8.02.350.
(6) Any Person who shall failfails 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,(s), may also be required to pay a penaltylate fee in accordance with Section 8.02.290. 350 or may receive an administrative citation.
(7) A license shall be obtained, but no license fee shall be payable for, by the licensingOwner 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 City or used for guide or hearing purposes by a handicapped resident of the City and which has come from a guide or hearing dog training facility such as Canine Companions, or for dogs whichas a Service Animal, or for dogs that have served as a member of the armed forces of the United States of America, or any dog used by a local law enforcement agency for the purposes of crime prevention or control. Dog or cat licenseslaw enforcement. (4)(8) Animals with microchip implants or other permanent identification acceptable to the Animal Control Program 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. Licenses herein provided for shall be signed by the Animal Control Program Managerexempt from the mandatory licensing requirements. (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. Tags for dogs and cats shall be issued as follows:
(5)(1) The Animal ControlLicensing Program Manager shall procure plates or tags whichand, when licensing fee is paid, issue a lifetime tag which shall bear the number of the license. A record shall be kept with the name of the Owner or possessor together with a description of the dog or cat for which 9 5
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the license is issued and the number of the license, and a tag shall be provided to such Person upon payment for such license as provided by this ordinanceChapter. (6)(2) DUPLICATE TAGS. Whenever a tag has been lost or stolen, the Owner or possessor of the dog or cat concernedanimal 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 Animal Control Program Manager.
(7)(3) WEARING OF TAG REQUIRED. The Owner of a licensed dog or cat for which a license is required shall affix such tag to a suitable collar, which collar shall remain on the dog or cat at all times. (8)(4) ALTERNATIVE IDENTIFICATION/IMPLANTS. Dogs and cats with microchip implants or other permanent identification acceptable to the When an animal has been designated as a Service Animal Control Services , the Owner may obtain a lifetime service tag and shall not be required to wear a tag or collar. All other licensingfollow the requirements of this Part shall apply to such cat orin Section
8.02.030 (a). Said tag will replace a regular dog license. (9)(5) RECORDS. The Owner or operator of any kennel, animal breeding facility, pet shop, or any place or establishment where animals are sold, adopted, or given away shall keep a permanent record of the name, address, and phone number of the purchaser of any dog or cat, along with the breed, color, sex, and age of each dog or catanimal sold, adopted, or given away and shall forward such information to the Animal Control Services within thirty (30) calendar days thereafter. AnyAn Animal Control Officer, County representative, or employee of the County’s animal control contractor shall have the right to inspect such records during normal business hours, with forty-eight (48) hours prior notice to the Owner or operator.
(c) VETERINARIAN RESPONSIBILITIES. Every veterinarian who vaccinates or causes or directs to be vaccinated in the City any dog or cat 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 or cat 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.
8.02.045 THREE YEAR LICENSES FOR DOGS AND CATS (County § 6.04.045).
Notwithstanding section 8.02.040, 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 8.02.290 of this code.
8.02.060 050 PUBLIC PROTECTION FROM DOGS (County Code § 6.04.060050). (a) EveryNo Owner or possessor of a dog shall at all times preventcause or allow such dog from bitingto bite, or physically harassingthreaten or harass any Person engaged in a lawful act and from interfering withunless necessary to protect the lawful usephysical safety of public or private propertya Person. 9 5
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(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 deathThe failure of the Owner of a victim animal to have the animal on a leash shall not, in itself, constitute a mitigating factor in any attack. (c) Every No Owner or possessor of a dog shall desist from commandingcommand or provokingprovoke such dog to attack, sic or threaten a Person when such person is peaceably and lawfully upon public or private property.
(d) A trained dog assisting a peace officer engaged in law enforcement duties is excluded from this Section.
(e)(c) Nothing in subsection (a) of this section shall authorize the bringing of a criminal unless such action arising out of bite(s) upon or physical harassment of members of the dog owners or possessors householdis necessary to protect the physical safety of a Person. (d) 8.02.070 No Owner or possessor of a dog that resides in another county and is found to have violated this section shall thereafter allow such dog to be brought into the County unless the dog is fully enclosed in a vehicle and passing through to another location without stopping at any public or private premises within the County.
8.02.060 PROHIBITED CONDUCT (County Code § 6.04.070060).
No Owner or possessorother Person having care, custody or control 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, except such animal is allowed without a chain, lead rope or leash when located within a City park where such devices are not required and only when in compliance with the applicable rules and regulations of that park facility.:
(1) the animal is properly licensed, if such licensing is necessary hereunder, and (2) the animal is controlled by a chain, lead rope, or leash, which is connected to the animal’s collar, saddle, harness, or halter. This requirement is not applicable to cats, or to Service Animals under the complete control of the Owner or Caretaker.
An electric or invisible fence does not constitute an enclosure for the purpose of this requirement. (b) To trespass upon any private property without the consent of the Owner thereof, and to knowingly permit the animal to remain upon the property, or to habitually continue to trespass thereon. 9 5
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(c) To suffer or permit such animal to habitually bark or meow or otherwise 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 in section 597(f) of the Penal Code.
(e) Subsection (a) of this section shall not be applicable to cats. (f)(e) 8.02.080 No Person shall possess within the County any animal designated by another jurisdiction as “potentially dangerous”, “dangerous”, or “vicious,” or other designation based on the animal’s potential danger to humans and/or animals, without previously notifying Animal Control and receiving express written permission from the Animal Control Program Manager for the animal’s presence or residence in the County. A failure to receive prior permission is in itself a sufficient basis for an Animal Control Officer or peace officer to seize and impound such animal.
(f) Subsection (a)(2) of this section shall not be applicable to cats.
8.02.070 PROTECTION OF ANIMALANIMALS IN MOTOR VEHICLES (County Code § 6.08.04004.070). (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)(a) No Person shall leave a dog or otherconfine an animal in any unattended motor vehicle withoutunder conditions that endanger the health or well-being of said animal due to heat, cold, lack of 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 safetylack of water, or other circumstances that could reasonably be expected to cause suffering, disability, or death of said animal. (c) Any animal control officer or law enforcement officer who witnesses a violation of this Section shall have the right to impound the animal if, in the officer's opinion, the animal's health or safety is or will be thereby endangered.
(b) 8.02.090 An Animal Control Officer, Humane Officer or peace officer may remove an animal from a motor vehicle if the animal’s safety reasonably appears to be in immediate danger from heat, cold, lack of adequate ventilation, lack of water, or other circumstances that could reasonably be expected to cause suffering, disability, or death to the animal. An Animal Control Officer, Humane Officer or peace officer is authorized to take all steps that are necessary for the removal of such animal from the motor vehicle, including, but not limited to, breaking into the motor vehicle, after a reasonable effort has been made to locate the Owner or other Person responsible.
(c) If an animal is removed from a motor vehicle as set forth herein, the removing officer shall, if deemed necessary by the officer, take it to an animal shelter, veterinary hospital, or other place of safekeeping. 9 5
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(d) An Animal Control Officer or peace officer who removes an animal from a motor vehicle shall, in a conspicuous location on or within the motor vehicle, leave written notice bearing their name and office, and the address of the location where the animal can be claimed. The animal may be released to the Owner only after payment of all fees that have accrued for the maintenance, care, medical treatment, or impoundment of the animal
(e) Nothing in this section shall preclude prosecution under both this section and California Penal Code Section 597 or any other provision of state or local law.
8.02.080 RELEASE FROM CONFINEMENT (County Code § 6.04.090080).
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 tofor the immediate health and safety of the animal. This section shall not apply to peace officers or Animal Control Officers, Humane Officers, and/or peace officers.
8.02.090 DECLARATION OF DANGEROUS ANIMAL PERMIT REQUIRED (County Code § 6.04.100090). (a) No Person shall knowingly keep, have, maintain, sell, trade, or let for hire an animal designated as Dangerous 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 8.02.120 of this chapter100. Any animal which is determined to be Dangerous under this Chapter and for which a permit has not been obtained shall be surrendered to an Animal Control Officer, Peace Officer, or a County animal control contractor agency for appropriate disposition including, which may include humane destruction.euthanasia. (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 8.02.115 of this chapter. (b) In determining whether or not an animal shall be declareddesignated as Dangerous, the Animal Control Officer, peace officer, or hearing officer may consider any relevant facts and circumstances, including but not limited to:
(1) the alleged attacking animal’s prior history.
(2) the alleged attacking animal’s Owner(s) ability to comply with this Chapter, and/or compliance with any prior Dangerous Animal permits held by the alleged attacking animal’s Owner(s). 9 5
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(3) whether any of the animals involved were previously deemed by a governmental jurisdiction as “potentially dangerous, “dangerous”, “vicious” or any other similar designation. (c) In determining whether or not an animal shall be designated as Dangerous, the Animal Control Officer, peace officer, or hearing officer appointed pursuant to section 8.02.115, may consider, as a the following mitigating factor or factors, whether,:
(1) Whether at the time of the injury, attack or molestation, the Person or animal suffering the injury, attack or molestation:
(A) provoked, tormented, teased, abused or assaulted the animal, thereby causing or contributing to the alleged behavior;
(B) committed a willful trespass or other tort upon the private property of the Owner or Caretaker of the animal; in the presence of the animal; (C) threatened or committed an unjustified attack or assault against the Owner, Caretaker or other Person in control of the animal. in the presence of the animal. (2) Or any other mitigating factors deemed appropriate for consideration by the Animal Control Officer, Peace Officer or Hearing Officer.
(d) 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 8.02.120 and any additional conditions or requirements deemed necessary by the Animal Control Officer or Peace Officer to protect the public health or safety.
(2) Any other mitigating factor relevant to whether the animal poses a threat to public health or safety. The failure of the Owner or Person in control of a victim animal to have the victim animal on a leash shall not, in itself, constitute a mitigating factor in any attack. (d) The unwillingess of a victim or a particular witness to testify at a hearing shall not prevent designation of an animal as a Dangerous Animal, as long as sufficient evidence exists to support the designation. (e) In the event that an Animal Control Officer or peace officer determines it necessary to protect the health or safety of the public, or of any animal, they may immediately impound any animal according to the procedures set forth in this Chapter.
(f) If an Animal Control Officer or peace officer has investigated and determined that an animal is Dangerous, the Animal Control Officer or peace officer shall deliver written notice of such determination to the Owner of the animal pursuant to section 8.02.260.
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(e)(g) Should the Owner of the animal wish to contest the Dangerous Animal designation, the Owner may request a hearing, to which hearing shall be conducted according to the procedures set forth in section
8.02.115150 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 (5seven (7) calendar days of the 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 Environmental Services Agency, or the City having jurisdiction. In that event, the County Director of the Environmental Services Agency 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.
8.02.105 DECLARATION OF VICIOUS ANIMALS (County § 6.04.105). (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,Should 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. (1) 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 (s)he maynot submit a written request for a an administrative hearing within the required timeframe, the administrative hearing toprocess shall be deemed waived, the Dangerous Animal Control Officerdesignation will be final, and/or Peace Officer the animal Owner shall obtain a Dangerous Animal permit within five (5seven (7) calendar days of the written notification. Such hearing shall be conducted according to the procedures set forth in Section
8.02.115 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 Environmental Services Agency, or the City having jurisdiction that the animal has been declared Dangerous.
(2) If,If the animal Owner requested a hearing and the hearing officer confirms the determination that the animal is Dangerous, the Owner must obtain the Dangerous Animal permit and meet the conditions required by such permit, within seven (7) calendar days of notice of such decision, unless the time is extended by an Animal Control Officer. (3) If an animal is designated as Dangerous, but the Owner fails to obtain a Dangerous Animal permit within the required timeframe, the animal will be deemed abandoned, and will be subject to disposition as deemed appropriate, including potential euthanasia by the County’s animal control contractor, at the discretion of the Animal Control Officer, peace officer or City or County 9 5
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representative. If not already impounded, the animal will be promptly impounded. The Owner of the animal shall be responsible for all costs of impoundment of the animal incurred prior to such abandonment.
(c)(h) 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 personnot Dangerous, the victim or an Owner of a victim animal may appeal that determination by submitting , within five (5seven (7) calendar days of notice of the decision a written request given pursuant to section 8.02.260, by submitting to the Animal Control Officer or peace officer a written request for a hearing and paying the required fee. The Animal Control Officer or peace officer shall prepare a written report documenting its reasons for determining the animal not Dangerous and shall include evidence it has considered for and against the designation in its report. The hearing shall be conducted according to the procedures set forth in section 8.02.150 of this Chapter. (d) 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.
8.02.110 ISSUANCE OF PERMIT FOR DANGEROUS ANIMAL (County § 6.04.110). (i) No permit obtainedNo animal designated by the County as a Dangerous Animal may be transferred to a new place of residence or to a new Owner or Caretaker without prior written approval of the Animal Control Program Manager. Prior to the relocation, a written request for the relocation must be delivered to the Animal Control Program Manager and the County’s animal control contractor, if any, at least 30 calendar days prior to the relocation.
(j) If an Animal Control Officer declares an animal as Dangerous which has already been declared Potentially Dangerous or Dangerous by another jurisdiction located outside of the County, the Owner of such animal must obtain and comply with a Dangerous Animal permit at least seven (7) calendar days prior to moving the animal into the County. The animal shall not reside in the County until the Dangerous Animal permit has been issued by the Animal Control Program and the Owner meets the conditions of said permit. 9 5
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(a) A permit issued under this section is transferable. If the Owner's address or the subject to renewal annually. An annual inspection of 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 yearresides will be performed by an Animal Control Officer. Inspections may occur at any reasonable hour 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.will occur at least annually. The fee for such permit and inspection shall be as set forth in section 8.02.290. This fee350 of this Chapter. Fees shall not be refundable. If the Owner or permittee has a history of multiple violations of this chapter 8.02 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.
8.02.115 HEARING PROCEDURES (County § 6.04.115).
(a) Hearings held under this chapter shall be conducted by a hearing officer or designated representative appointed by the Director of the Environmental Services Agency. 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 theregistered 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 9 5
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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 and 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 (5fails to pay the permit fee and/or comply with the requirements of the permit within ten (10) 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 8.02.120; (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 8.02.120, including, but not limited to, the following:
(A) That the Owner keep the animal muzzled at all times when the animal is off the Owner's property;
(B) 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; (C) 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 (7) calendar days following any required training;
(D) That the Owner comply with any other permit requirement the Hearing Officer deems necessary to protect the public health or safety; (E) That the Owner reimburse the victim for the victim's medical expenses or the victim animal's veterinary expenses;
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(i)(k) Pursuant to section 8.02.160 of this chapter, that the dangerous animal permit be modified as ordered by the Hearing Officer, or of the annual inspection date, the permit may be revoked and the animal humanely destroyedmay be impounded for appropriate disposition, as determined by an Animal Control Officer, peace officer, County contracted agency or City designee, including humane euthanasia. (l) 8.02.120 MANDATORYA Dangerous Animal designation is a designation that remains with that animal for its lifetime, unless terminated as provided by this subsection. A Dangerous Animal designation may be terminated if all of the following criteria have been met, as determined by an Animal Control Officer or peace officer and the Animal Control Program Manager and/or City designee:
(1) The Owner has complied with all Dangerous Animal permit requirements for a period of three (3) years and the animal has not been found to have committed any violations of the requirements of the permit, or of this Chapter, or any other applicable animal control laws, for the duration of that period.
(2) The animal has remained current on all rabies or similar required vaccinations and has remained current on its licensing and paid all fees for the duration of the three (3) year period.
If an animal Owner disputes a finding that the Dangerous Animal designation will not be terminated, the animal Owner may request an administrative hearing to be held according to the procedures set forth in section 8.02.150 of this Chapter.
8.02.100 DANGEROUS ANIMAL PERMIT REQUIREMENTS (County Code § 6.04.120100). (a) Any Owner of a Dangerous Animal shall insureensure compliance with the following rules and regulations which shall be mandatory requirements for any Dangerous Animal permit:
(1) When the animal is off the property of its Owner, the Owner must ensure that the animal is restrainednot kept upon any unenclosed premise unless said animal is leashed and muzzled with a cage or basket muzzle, or any other muzzle approved by the Animal Control Officer. The leash shall not 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 and/or Caretaker to ensure that such restraint is sufficient to control the animal in a manner which it will not endanger other Persons or animals.
(2) The Owner shall Ensure said animal is never kept on any unenclosed premises even if tethered, tied or staked.
(3) Ensure said animal is kept in a fenced yard, kennel, dog run or other enclosure, sufficient to prevent the escape of the animal or entry of young children, as approved by the Animal Control Officer or peace officer. An electric or invisible fence is not an acceptable means of enclosure for the purpose of this requirement.
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(2)(4) Maintain the animal so that it is not a threat to any mail carrier, sanitation worker, meter Person, or other Person who has the lawful right to enter the property. (b) 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.
(1)(5) 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.
(6) The Owner shall open Regularly inspect the fenced yard, kennel, dog run or enclosure to ensure that it is secure to maintain the animal and keep young children out. (7) Allow inspections by any Animal Control Officer or peace officer at any reasonable hour of the premises or premises upon which anthe animal is maintained at any reasonable hour for. (2)(8) Pay permit and property 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 re-inspection of property. Such fee shall befees as set forth in section 8.02.290350 within (10) ten calendar days of the permit issuance or renewal.
(3)(9) The Owner of the dangerous animal shall post theObtain and post approved sign(s) from the Animal Control Program after payment of a non-refundable fee as set forth in Section 8.02.350 of this Chapter. Sign(s) shall be conspicuously posted in a manner visible to the public at all entrances to the property where the animal is kept 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 as directed by the Animal Control Officer or peace officer. Such sign(s) must be surrendered in the event of the revocation of the permit, death of animal, or approved relocation of the animal, or upon any other reasonable demand by an Animal Control Officer.
(4)(10) 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.
(c) The Owner shall strictly comply with all local and State laws regarding the care, use, control and maintenance of animals.
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(11) In addition to a license, the Owner shall ensure that the Ensure said animal shallwears, at all times wear, a separate Dangerous Animal 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 micro- chipped and registered with the Animal Control Program for a fee specified by in addition to complying with license requirements as defined in Section 8.02.290040. (12) Ensure said animal be microchipped and inform the Animal Control Officer with the microchip number within thirty (30) calendar days from the date the Dangerous Animal permit was issued. The animal Owner shall be responsible for payment of said fee which shall be utilized (d) Within forty-five (45) calendar days from the date the Dangerous Animal permit was issued, unless this period is extended by the Animal Control Program to offset the cost of the chip and to maintain the registration program.
(e) The Owner shall have the animal Manager or City representative at their sole discretion, said animal shall be spayed or neutered by a California licensed veterinarian, at the Owner'sOwner expense, and within fifteen (15) calendarthose forty-five (45) days from the date the permit was issued., the Owner shall also present written proof to the Animal Control Officer that the surgery was performed. In the event an animal cannot be safely spayed or neuteredaltered, due to a medical reasonsreason, the Owner shall present written proof from a licensed practicing veterinarian to the Animal Control Officer that said animal cannot be spayed or neutered. (f) 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.
(g) No more than two dangerous animals may be kept at any one household. (h) 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.
(13) The Owner of a dangerous animal must notify the Animal Control Officer Program Manager and Animal Control Officer with a written request from a California licensed Veterinarian stating the medical reason(s) that the animal should not be altered. The County Health Officer or designee will approve or deny the request. If said request is denied, the animal shall be altered by a California licensed Veterinarian within fifteen (15) calendar days from the date of notification that the request was not approved, and within those fifteen (15) calendars days provide such written proof to the Animal Control Officer that the surgery was performed.
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(14) Notify an Animal Control Officer and the Animal Control Program Manager 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
(1)(15) Notify an Animal Control Officer and the Animal Control Officer Program Manager immediately in the event the animal becomes lost or, stolen, or escapes from its fenced yard, kennel run, or enclosure.
(i) The Owner must pay all permit and property inspection fees as described in section 8.02.290 of this chapter.
(16) The Owner shall Pay all reoccurring of additional fees within ten (10) calendar days of service of the invoice or annual permit. Non-payment of fee may result in the permit being revoked unless a payment plan has been approved by the County or City. (1)(17) Comply with all other permit conditions or requirements imposed by an Animal Control Officer, peace officer, or hearing officer pursuant to section 8.02.115 or 8.02.100(a).this Chapter.
8.02.130 MISDEMEANOR VIOLATIONS (County § 6.04.130).
(18) A person violating any provisionComply with all local and state laws regarding the care, use, control, and maintenance of this chapteranimals.
(b) Any Owner of a Dangerous Animal shall be guilty of ensure compliance with the following additional requirements, if directed to do so by an infraction except as otherwise specifically Animal Control Officer, peace officer and/or hearing officer:
(1) Prove financial responsibility by posting a bond or certificate of insurance for an amount of three hundred thousand dollars ($300,000) per animal within thirty (30) calendar days from the date of the Dangerous designation. Bond or certificate of insurance will be provided to the Animal Control Program Manager annually prior to expiration of said bond or certificate. (2) A person violatingProvide private behavioral and obedience training to the animal, at the Owner’s expense and within the time set forth by the hearing officer or an Animal Control Officer following the issuance of a Dangerous Animal permit. Proof of participation, a report of behavioral assessment, and/or a certificate of satisfactory completion from an animal behaviorist or organization approved by an Animal Control Officer shall be provided to the Animal Control Officer and Animal Control Program Manager within seven (7) calendar days following the completion of the mandatory training, but not more than ninety (90) calendar days from the date of the Dangerous designation. (3) Comply with any provision of other permit requirements determined to be reasonably necessary to protect the public’s health or safety and/or the health or safety of other animals. (c) No more than two Dangerous Animals may be kept by any Person(s) at any one household, residence, business, or other location, without prior written approval of the designee of the appropriate jurisdiction.
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8.02.140 POSSESSION OF ANIMALS AFTER110 REVOCATION OF DANGEROUS ANIMAL PERMIT OR VICIOUS DECLARATION (County § 6.04.140).
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.
8.02.150 INSPECTION FEE (County § 6.04.150).
A fee shall be charged for the costs incurred for the inspection or re-inspection 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 8.02.290.
8.02.160 REVOCATION OR MODIFICATION OF DANGEROUS ANIMAL PERMIT (County Code § 6.04.160110). (a) Subject to the provision of subsection (b), anyAny Dangerous Animal permit issued pursuant to this sectionChapter may be revoked or modified by the inclusion of additional requirements or otherwise, if the Animal Control Officer or peace officer has reasonable cause to believe any of the following to be true:
(1) The Dangerous Animal Owner or any Person to whom the Owner has allowed to have possessiongiven care, custody, or control 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 sectionstate laws relating to the keeping, care or use of any animals;.
(2) The Owner or any Person to whom the Owner has allowed to have possessiongiven care, custody, or control 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 or any Person to whom the Owner has given care, custody, or control changed the location of his or /her residence or his or /her place of business or sells, assigns, transfers, donates, leases, or otherwise disposes of the animal for which the permit was issued without first notifying an Animal Control Officer as outlined in Section 8.02.090. (4) The Owner or any Person to whom the Owner has given care, custody or control of the animal has changed the residence or premises where the animal is maintained without first complying with the guidelines set forth in Section 8.02.090.
(5) The Owner or any Person to whom the Owner has given care, custody, or control of the animal is unable or unwilling to comply with the conditions of the Dangerous Animal permit. (b) In the event that it is reasonably necessary to protect against a threat to the public or an animal’s health orand 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. 9 5
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(c) If, after investigation, the Animal Control Officer or peace officer concludes that itthere is probable cause to believe that one or more of the above groundsconditions for revocation or modification of the permit has occurred, the officer shall causedeliver written notice thereof to be transmittedof revocation or modification to the Owner. Said notice shall specify the grounds of revocation or modification of the permit. Should the Owner of the animal wish to contest the revocation or modification of the permit, (s)hethe Owner may request aan administrative hearing to be held before a hearing officer not previously involved with the permit issuance or investigation, as designated by the Director of the Environmental Services AgencyAnimal Control Program Manager, within five (5seven (7) calendar days of receiving the notice of intent to modify or revoke permit.revocation. Said administrative hearing date shall be not less than five (5) workingseven (7) calendar days or no more than 15 working(20) twenty calendar days subsequent toafter the date the request for hearing is received. The by the Animal Control Manager. The administrative hearing shall be conducted as set forth in section 8.02.115150 of this chapter. After The hearing, the officer conducting the hearing may either 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.
Any party to the hearing has the right to appeal the administrative hearing decision to the San Mateo County Superior Court by filing a Petition for a Writ of Administrative Mandate pursuant to California Civil Procedure, Section 1094.5 and 1094.6.
(d) Upon written or oral notificationnotice by the Animal Control Officer, peace officer, or hearing officer, if a hearing was held, ofif any modifications to a Dangerous Animal permit are made, the Owner shall immediately comply with such modified permit requirements. (e) Upon written or oral notification by thenotice from an Animal Control Officer, peace officer or Hearing Officer if a hearing was held,officer of the revocation of a permit for a Dangerous Animal permit, the Owner of such animal shall within two (2) calendar days of such notification, surrender said animal to an Animal Control Officer to . The Dangerous Animal shall be impounded and humanely destroyedeuthanized unless the County designee or provide written proof to an Animal Control Officer in the formCity designee has approved a different disposition. At the sole discretion of declaration(s) under penalty of perjury that the appropriate City or County representative, such animal has beenmay be permanently removed from the County of San Mateo and declaring the new location or new address where the animal is to be keptto another jurisdiction with written approval from that jurisdiction.
8.02.120 POSSESSION OF ANIMALS AFTER REVOCATION OF DANGEROUS ANIMAL PERMIT (County Code §
6.04.120).
No Person who has been determined to be in possession of or an Owner of a Dangerous Animal for which a permit has been revoked under this chapter shall be granted any Dangerous Animal permit for a period of three years following such determination or revocation.
8.02.130 DECLARATION OF VICIOUS ANIMALS (County Code § 6.04.130). (a) No Person shall keep, have, maintain, sell, trade or let for hire an animal which has been designated as Vicious under the provisions of this chapter.
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(b) If an Animal Control Officer and/or Peace Officer has investigated and determined that an animal is Vicious, the Animal Control Officer or Peace Officer shall deliver written notice of such determination to the Owner of the animal. Service of notice shall be made in accordance with section 8.04.260 subdivision (a) of this Chapter. An Animal Control Officer and/or Peace Officer shall immediately impound the animal, or cause to be impounded, the animal according to the procedures set forth in Section 8.02.160 of this Chapter. The animal shall be deemed abandoned and shall be humanely euthanized unless the County designee or City designee has approved a different disposition or unless the Owner timely requests an administrative hearing. (c) In determining whether an animal shall be designated Vicious, in addition to any other facts and circumstances of the incident(s), the applicable decision-maker may consider the following potentially mitigating factors.
(1) Whether at the time of the injury, attack or molestation, the Person or animal suffering the injury, attack, or molestation:
(A) provoked, tormented, teased, abused, or assaulted the animal, thereby causing or contributing to the alleged behavior,
(B) committed a willful trespass or other tort upon the private property of the Owner or Caretaker of the animal; and/or,
(C) threatened or committed an unjustified attack or assault against the Owner, Caretaker, or other Person in control of the charged animal.
The failure of the Owner or other Person in control of a victim animal to have the animal on a leash shall not, in itself, constitute a mitigating factor in any attack. (2) Whether the Owner is willing and able to comply with the conditions of a Dangerous Animal permit, and whether the animal can be safely maintained on a Dangerous Animal permit considering the nature of the attack and cooperativeness and abilities of the Owner. (d) The decision-maker may also consider, among any other relevant facts and circumstances, the following factors:
(1) whether any of the animals involved were previously deemed by any governmental jurisdiction as, "dangerous", "vicious", or any other similar designation, and/or the animal Owner’s prior compliance or lack thereof with any applicable Dangerous Animal permit requirements or this Chapter; (2) the attacking animal’s history of attacks, bites or threatening behavior; (3) whether the animal demonstrated such aggressive behavior that it is reasonable to conclude that the animal cannot be safely maintained with a Dangerous Animal permit; and (4) whether the Owner is unable or unwilling to comply with the conditions of a Dangerous Animal permit.
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(e) Should the Owner of the animal wish to contest the Vicious Animal designation, the Owner may request an administrative hearing to be conducted according to the procedures set forth in section 8.02.150 of this Chapter. The Owner shall submit a written request for a Vicious Animal hearing to the Animal Control Officer within seven (7) calendar days of the written notification by the Animal Control Officer and/or peace officer that the animal has been declared Vicious.
(f) Should the Owner not submit a request for an administrative hearing within the required timeframe, the administrative hearing process shall be deemed waived, the Vicious Animal designation will be considered final for purposes of exhaustion of administrative remedies, and the animal will be subject to disposition by the Animal Control Officer, peace officer, or City or County designee. The Owner shall lose all rights of Ownership and control of the animal, and the animal will be subject to humane euthanasia, unless another disposition is deemed appropriate by a City and/or County designee, without further notice to the Owner. (g) The unwillingness of a victim or a particular witness to testify at a hearing shall not prevent designation of an animal as Vicious as long as sufficient evidence exists to support the designation. (h) If after investigation, an Animal Control Officer and/or peace officer determines that the animal is not Vicious, the Officer will prepare a written decision upon request by any victim suffering physical injury or an Owner of a victim animal, either of whom may appeal that determination. Any victim suffering physical injury as a result of the attack, or Owner of a victim animal, may appeal the determination that an animal is not Vicious by submitting, within seven (7) calendar days of the service of the decision pursuant to section 8.02.260, a written request to the Animal Control Officer for an administrative hearing and paying the required fee as set forth in Section 8.02.350 of this Chapter. The administrative hearing shall be conducted according to the procedures set forth in section 8.04.150 of this Chapter.
8.02.140 PROVIDING FALSE INFORMATION (County Code § 6.04.140) It shall be unlawful for a Person to willfully and knowingly provide false or misleading information to Animal Control Program staff, including but not limited to an Animal Control Officer, Peace Officer, Animal Control Program Manager, and/or Hearing Officer regarding animal Ownership, licensing, rabies vaccination, medical treatment and condition, and/or any other matter pertaining to the enforcement of state or local law.
8.02.150 ADMINISTRATIVE HEARING PROCEDURES (County Code § 6.04.150). (a) Administrative hearings held under this chapter shall be conducted by a hearing officer or designated representative appointed by the Director or any designee of the County Health Department. The City contracts with the County for animal control services and may elect to utilize the services of any the County designated hearing officer to conduct hearings on behalf of the City pursuant to this Chapter. The hearings shall be scheduled no less than seven (7) calendar days and no more than fifteen (15) calendar days from the receipt of the request for the hearing unless the hearing officer finds good cause for continuance. (b) The Animal Control Officer or peace officer conducting the investigation shall provide their investigation report and any evidence gathered by the officer to the Animal Control Program Manager or designee no less than 72 hours prior to said administrative hearing. The Animal Control Program Manager or 9 5
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designee will promptly provide the report to the parties to the case, including the Owner of the subject dog and the Owner of the victim dog.
(c) The administrative hearing shall be conducted in an informal manner consistent with due process of law. Any party may be represented by counsel. The parties may present relevant evidence including witnesses.
The strict rules of evidence shall not be applicable. Any relevant evidence, including but not limited to hearsay evidence, may be admitted if it is the sort of evidence on which reasonable Persons are accustomed to rely on in the conduct of serious affairs. The hearing officer shall decide the matter based on preponderance of the evidence presented at the hearing. The administrative hearing shall be recorded, and all documentary evidence submitted at the administrative hearing shall be preserved by the Animal Control Program Manager for a period of no less than two years. Any party may arrange for a court reporter to be present. Any party desiring the presence of a court reporter shall make all necessary arrangements and shall be responsible for payment of all costs.
(d) The hearing officer may exclude disorderly or disruptive Persons from the hearing or make other orders as necessary to ensure the fair and orderly conduct of the administrative hearing. (e) The Hearing Officer may decide all issues for or against the Owner(s) of the involved animal(s) even if the Owner(s) fail to appear at the hearing.
(f) Within seven (7) calendar days of the administrative hearing, the hearing officer shall render a written decision, which shall be final for the purposes of exhaustion of administrative remedies upon the date of mailing. The Animal Control Program Manager or designee shall mail the written decision and affidavit/certificate of mailing showing the date of mailing, on behalf of the hearing officer, by first class mail, postage prepaid. The decision will be mailed to the Owner of the alleged Dangerous or Vicious Animal, the victim or Owner of the victim animal, and the investigating Animal Control Officer or peace officer. (g) If the animal is designated Dangerous, the Owner must apply for and obtain a Dangerous Animal permit as provided by this Chapter within seven (7) calendar days of the decision letter in order to maintain the animal and the Owner must comply with all mandatory Dangerous Animal permit rules and regulations as defined in section 8.02.120 of this Chapter. A hearing officer may impose additional permit requirements as set forth in this Chapter.
(h) If the animal is designated Vicious, the Owner of such animal shall lose all rights of Ownership and control of the animal, and the animal will be subject to humane euthanasia, unless another disposition is deemed appropriate by a City and/or County designee, without further notice to the Owner. An animal designated as Vicious will be held at the animal shelter for a minimum of seven (7) calendar days from the date of the hearing officer's decision, prior to any proposed euthanasia. (i) Unless the hearing officer for good cause otherwise determines, the party requesting the administrative hearing is liable for all costs related to such hearing. A determination by the hearing officer that the animal is not Dangerous or Vicious shall constitute good. (j) Hearing officer decisions are appealable to the San Mateo County Superior Court by filing a Petition for Writ of Administrative Mandate pursuant to California Code of Civil Procedure, Sections 1094.5 and 1094.6. 9 5
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(k) The procedures and/or definitions pertaining to potentially Dangerous and Vicious dogs set forth in the California Food and Agricultural Code Chapter 9, beginning with section 31601, are not adopted and do not apply within the County, as provided in the San Mateo County Ordinance Code. As authorized by Food and Agricultural Code section 31683, the County has adopted its own program for regulation of Dangerous and Vicious dogs as contained in this Chapter.
8.02.160 ANIMALS TO BE IMPOUNDED (County Code § 6.04.170160). (f)(l) EveryThe Animal Control Program may impound any animal kept or found by an Animal Control Officer or Peace Officer under conditions whichthat 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 withresponsible for all costs incurred or fees applicable with respect to such impoundment and maintenance in the shelter.
(g) When the Animal Control Officer or Peace Officer has reasonable cause to believe that any animal is dangerous or vicious theAn Animal Control Officer or peace officer may also impound or cause to be impounded the an animal when there is reasonable cause to believe that such animal posed, or poses, a threat to the public’s health and keep it for such safety, or the health and safety of another animal. The animal may remain impounded for a period not to exceed fifteen (15) calendar days in order to observe, examineinvestigate, and to determine whether or not suchsaid animal is Dangerous or Vicious. (h) 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.
(m) Except as otherwise provided indefined by this Chapter. In calculating the fifteen (15) calendar days, the first day of impoundment is not included. If an animal is not impounded within fifteen (15) calendar days after an investigation began, the Animal Control Officer or peace officer shall make a determination whether or not the animal is Vicious or State law, anDangerous and shall notify the Owner of said animal as soon as reasonably practical thereafter.
(n) Within twenty-four (24) hours of the impoundment of any animal, the impounding Animal Control Officer shall serve the Owner of the animal with notice of the impoundment. (i)(o) No impounded animal may be redeemed by the Owner, after payment of theunless and until any required feeslicense fee and/or other applicable charges and compliance with licensing requirements.fees have been paid. In the event such animal is not so redeemed within the time set forth by State law, it may beshall be deemed abandoned and may be adopted, transferred to a rescue, or disposed of in the manner determined by an Animal Control Officerthe Animal Control Program. The Animal Control Program shall issue to the Owner or Person responsible of the care, custody, and control of said animal a receipt showing an itemized description and the amount of the fee(s) paid.
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8.02.180 NOTICE OF IMPOUNDED ANIMALS (County § 6.04.180).
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 8.02.170, the Owner may request a hearing under section 8.02.115, subsections (a) – (g) of this chapter or applicable State law. The Animal Control Officer shall maintain records of said impoundment pursuant to section 8.02.200.
8.02.200 RECORD OF IMPOUNDED ANIMALS (County § 6.04.200). (a)(p) The Animal Control Program shall keep a record of all animals impounded, which record shall include a description of the animal, the date of its receipt, the date and manner of disposal, the name of the Person redeeming, adopting, or purchasing, and the fees, and/or charges and proceeds of sales received on account thereof, and such additional matters as may be necessary and incidentalrelated to implementing this ordinance.the animal. Said records shall be kept for foura period of seven (7) years.
8.02.170 STRAY ANIMALS (County Code § 6.04.210170).
A fee shall be charged for anyAny Person who finds or picks up a stray or lost animal impounded by an shall report the same to the Animal Control OfficerShelter within twenty-four hours thereafter 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 8.02.290.
8.02.220 REDEMPTION (County § 6.04.220).
Except as otherwise provided by this ordinance or by any other law, the Owner or person entitledrelease such animal 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 Animal Control Services.
Animal Control Services shall issue to the Owner duplicate receipts for the amount of the fee paidShelter upon demand.
8.02.230 REDEMPTION FEES (County § 6.04.230).
Fees for animal shelter services shall be as set forth in Section 8.02.290. No animal shall be released to its owner or possessor unless and until such fees are paid in full.
8.02.240 LICENSE FEE TO BE PAID UPON REDEMPTION (County § 6.04.240).
No impounded dog may be redeemed unless and until its license fee, and applicable penalty has been paid.
8.02.250 180 EPIDEMICS (County Code § 6.04.250).180)
The County Department of Health ServicesOfficer 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 9 5
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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 the Animal Control Officers to assist the County Health Officer in carrying out such rules and regulations.
8.02.190 BITE REPORTING REQUIREMENTS (County Code § 6.04.260190). (a) It is Any Owner or other Person who is responsible for the care, custody, or control of an animal that bites a human or other animal shall provide their name and current residence address and telephone number and shall present their driver's license or other form of identification and any information regarding any rabies vaccination for the biting animal to the Person bitten or the Owner of the animal bitten. If the Person bitten is a minor, the Owner or Person in control of the biting animal shall provide the required information to the parent or guardian of the minor.
(b) In addition to the above requirements, it shall be the duty of everyany Person having knowledge thatof any animal which has bitten a human being to report that fact or other animal within the County to immediately to the County Department of Health Services,, in no case later than the end of the next calendar day, report the bite to an Animal Control Officer or peace officer and to furnish as much information as possible, including date, time and location of bite, description of animal or Person bitten, name and license number of the biting animal, and rabies vaccination history of the biting animal.
8.02.200 ADMINISTRATIVE CITATIONS (County Code § 6.04.200). (a) Should an Animal Control Officer, Humane Officer or peace officer determine that a Person has violated any provision this Chapter, that enforcement officer shall have authority to issue and serve notice of an administrative citation as set forth in section 8.02.260, to the Person violating the Chapter. (b) Each administrative citation shall contain the following information:
(1) The name and address of the Owner or other Person to be cited. (2) The date(s) of the violation.
(3) The address or a specific description of the location where the violation occurred. (4) The section, subsection, and/or provision of this Chapter violated by the Person cited and a description of that violation.
(5) A prohibition of the continuation or repetition of the violation described in the administrative citation.
(6) If applicable a description of the potential consequence(s) should the violation continue or be repeated.
(7) Either:
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(A) The amount of the administrative fine charged and to be paid by the Person cited as a result of the violation; or
(B) A notice to correct a certain violation within a reasonable time, and the amount of an administrative fine that may occur if the violation is not corrected or remedied by the date specified.
(8) A description of the procedure to pay the fine, to include the time period for and place of payment, and the process by which the County may collect any unpaid amount owed. (9) A description of the administrative citation review process, including the time within which the administrative citation may be appealed and how to appeal the administrative citation, including any form to do so.
(10) The name and signature of the citing Animal Control Officer, Humane Officer or peace officer or County designee.
(c) An administrative citation may be any format, including letter, which conveys the information set forth above.
8.02.210 APPEAL OF ADMINISTRATIVE CITATION (County Code § 6.04.210). (a) A recipient of an administrative citation may contest the citation including, but not limited to, on the basis that the underlying violation did not occur, or that recipient is not the party responsible for the violation and thus was the improper recipient of the administrative citation. The recipient must contest the citation on the form provided by the Animal Program or to the Manager or Animal Control Officer and file the appeal with the Animal Control Program Manager within twelve (12) calendar days from the date of service of the administrative citation. Any appeal not timely filed will be rejected. (b) The appeal shall contain the following provided by the Person appealing the citation:
(1) The name, mailing address, and telephone number of the party requesting the appeal; (2) A copy of the administrative citation or a reference number thereto; (3) A statement of the grounds for the contest, including a description of the evidence to be presented in support of the contest and copies of any statements or documents to be submitted at the hearing in support of the appeal.
(4) The signature of the appealing party;
(5) A deposit of the fine assessed as set forth in the citation(s), to be refunded if the appeal is successful.
(c) Should an appeal be properly and timely requested, the requesting party shall be provided a hearing before a hearing officer to be held pursuant to the procedures set forth in section 8.02.150 as applicable. The 9 5
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Animal Control Program shall notify the Person requesting the appeal hearing of the time and place set for the hearing pursuant to section 8.02.260.
8.02.220 PAYMENT OF ADMINISTRATIVE FINES (County Code § 6.04.220). (a) In the absence of an appeal by the recipient of the administrative citation, the Person cited shall pay the administrative fine in full within thirty (30) calendar days from the date of service of the notice of citation. In the event of an appeal, after which the violation is upheld, if not already paid, the fine shall be paid in full within ten (10) calendar days after the date that the decision of the hearing officer was served on the recipient. (b) Payment of any fine shall not excuse the failure to correct the violation, nor shall it bar further enforcement of the same or any similar violation or any other violation by any applicable means. (c) Failure to pay any fines assessed within the guidelines set forth in this Chapter will result in a late charge pursuant to section 8.02.230, which will be collected by the Animal Control Program Manager.
8.02.230 AMOUNT OF ADMINISTRATIVE FINES (County Code § 6.04.230). (a) Any Person issued an administrative citation for a violation of, and pursuant to, this Chapter shall be assessed and pay a fine as follows:
(1) One hundred dollars ($100) for a first citation.
(2) Two hundred dollars ($200) for a second citation for the same violation within a one-year period.
(3) Five hundred ($500) for each additional citation for the same violation within a one-year period.
8.02.240 MISDEMEANOR VIOLATIONS (County Code § 6.04.240). (a) A Person violating any provision of this chapter shall be guilty of an infraction except as otherwise specifically provided.
(b) A Person violating any provision of section 8.02.050, subsection (a) of section 8.02.090 or subsection (a) of section 8.04.130 of this chapter shall be guilty of a misdemeanor. (c) This section shall not limit any other available criminal, civil or administrative remedies. Any or all applicable remedies shall remain available for violation of the provisions of this Chapter.
8.02.250 VIOLATION OF CHAPTER A PUBLIC NUISANCE; REMEDIES CUMULATIVE (County Code § 6.04.250). (a) Violation of this Chapter is a public nuisance subject to any and all applicable civil, administrative, and criminal remedies, according to the provisions and procedures set forth in this Chapter and other applicable state and local law enforcement agency having jurisdiction. 9 5
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(b) This section is not intended to limit any other available criminal, civil or administrative remedies. Any or all applicable administrative, civil and /or criminal remedies shall be available for violation of the provisions of this Chapter.
(c) Each day a violation continues shall constitute a separate violation.
8.02.260 SERVICE OF DOCUMENTS AND NOTICES (County Code § 6.04.260). (a) Unless otherwise specified herein, the appropriate representative of the Animal Control Program shall provide any required notice or service of documents in the one of the following manners: (1) by personal delivery to the Person to be notified or served; or (2) by posting on the property at the address where the subject animal is licensed or the Owner of such animal resides; or (3) by depositing in the United States Mail, in a sealed envelope, first class postage prepaid, and addressed to such Person to be notified or served at their last- known business or residence address or as the same appears in the last equalized County assessment roll.
Service by mail shall be deemed complete at the time of deposit in the United States Mail receptacle and shall include a declaration or affidavit of service which shall include notice of the date mailed. If agreed in writing by the Person to be served, notices or documents may be served electronically at the address provided by the Person to be served, to be effective upon being sent.
(b) Failure to receive any notice specified herein does not affect the validity of proceedings conducted hereunder.
8.02.270). FIELD RETURN FEE (County Code § 6.04.270).
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.any animal impounded by a representative of the Animal Control Program and returned by an Animal Control Officer in the field to the Owner or Person who is responsible for the care, custody, or control of the animal. The fee charged shall be paid by the Owner or Person who hasis responsible for the care, custody, or control of thesaid animal. Such fee shall be set forth in Section 8.02.350.
8.02.280 REDEMPTION AND SPAY/NEUTER FEE (County Code § 6.04.860). (a) Upon redemption of any impounded unaltered animal, the Person responsible for the care, custody or control of any animal will be required to pay a spay or neuter fee in the amount of $100.00 in addition to the actualimpound fees imposed under Section 8.02.350 of this Chapter. Such fee shall be refundable upon proof of spay and neuter of the animal within thirty (30) calendar days following the date of redemption. (b) Any unaltered animal impounded twice or more within a three-year period shall be altered at a cost to be paid by the Owner/Caretaker or Person responsible for the care, custody, or control of said animal prior to redemption. At the option of the Owner/Caretaker or Person responsible for the care, custody or control of said animal, required spaying or neutering may be performed by a private veterinarian within thirty (30) calendar days.
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(c) Any Owner or Caretaker of an impounded animal subject to mandatory spay/neuter under Subsection (b) of this Section may appeal this requirement by submitting a written request for an administrative hearing to the Animal Control Program Manager. The administrative hearing will be conducted according to the provisions of Section 8.02.150 of this Chapter.
(d) The Animal Control Program Manager may waive any County or City fee for County or City spay/neuter, vaccination or impoundment of an animal, if the animal is a feral or stray cat and the Person bringing the animal to the shelter agrees that the Person shall have no rights in the animal or any right to direct or control treatment or disposition of the animal by the Animal Control Program which will retain sole discretion in determining the disposition of the animal, which may include but not be limited to treatment and/or adoption, or euthanasia.
8.02.290 QUARANTINE FEE (County Code § 6.04.290).
A quarantine fee, as set forth in Section 8.02.350, shall be paid by the Owner or Caretaker of any animal involved, or potentially involved in a bite. Such quarantine fee is in addition to any other fees charged set forth in Section 8.02.350 of this Chapter to recover costs of the Health Officer or his or her designee in housing, feeding and otherwiseincurred by the Animal Control Program for sheltering and caring for athe quarantined animal. Such fee shall be set forth in Section 8.02.290.
Section 8.02.280 SERVICE FEES (County § 6.04.280).
Animal Control Service fees for redemption300 of impounded animals, relinquishment, adoption, disposal, abatement, rescue, veterinary treatment or other services not specified in section 8.02.290 shall be reviewed by the Director of Environmental Services Agency or his or her /her designee for reimbursement of costs. The Director of the Environmental Services Agency or his or her /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 providedthe San Mateo Municipal Code is repealed.
8.02.350 SCHEDULE OF FEES AND CHARGES (County Code § 6.04.290350).
Animal Control Program fees and charges established by this Code shall be as adopted and from time to time amended by the County of San Mateo and set forth in Section 66.04.290350 of the San Mateo County Code.
Section 8.02.300 PENALTY FOR VIOLATION (County § 6.04.300).
Except as specifically stated elsewhere, any violation360 of the provisions of this ordinance, including those provisions relatingSan Mateo Municipal Code is added to required fees, shall be punishable as an infraction, the penalty for which shall beChapter 8.02 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 violationSection 8.02.370 of the same ordinance within one year.
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(c) A fine not exceeding five hundred (500) dollars of each additional violation of the same ordinance within one year.
8.02.310 USE OF LICENSE AND OTHER REVENUE (County § 6.04.310).
All revenue derived from the fee schedule and from fines, forfeitures, and penalties relatedSan Mateo Municipal Code is added to the enforcement of this ordinance shall be used to offset the cost of enforcement and administration of this ordinance.
Chapter 8.02.320 SCOPE (County § 6.04.320). as follows:
The provision 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.
8.02.330 370 SEVERABILITY (County Code § 6.04.330370).
If any section, subsection, sentence, clause, phrase or word of this ordinance or of this PartChapter 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 of this PartChapter.
Section 8.02.400 ABANDONED ANIMALS.
(a) FINDINGS. The City Council finds and determines that:
(1) An unacceptable number of healthy but abandoned dogs and cats are euthanized annually in the San Mateo County by the Peninsula Humane Society.
(2) Due to the large number of stray and abandoned cats and dogs, euthanasia is not a cost effective, acceptable or ethical solution to the threats of public health and safety posed by large populations of stray domestic animals.
(3) Stray and abandoned pets, specifically cats and dogs, create numerous public health and safety problems, including transmission of disease, attacks by stray dogs on people, livestock and pets, and traffic hazards created by stray dogs and cats running loose on public streets. (4) A permit system for breeding of cats and dogs owned or harbored in the City of San Mateo combined with a program for spaying/neutering is a reasonable and effective means of reducing the population of abandoned or stray cats and dogs, and for eliminating the practice of euthanizing homeless cats and dogs except those for whom euthanasia is an escape from suffering or necessary to protect people and/or other animals from vicious behavior. (b) DECLARATION OF INTENT. The City Council hereby finds and declares that it intends to provide for the public health, safety and welfare through a program requiring spaying and neutering of dogs and cats unless appropriate permits are acquired.
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8.02.420 SPAYING/NEUTERING.
(a) No person shall own or harbor, within the City any cat or dog over the age of six months which has not been spayed or neutered, unless such person holds either a license to keep an unaltered dog or cat or a license and permit for breeding cats or dogs issued by San Mateo County Animal Control Services under §
8.02.430 of this chapter.
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 § 8.02.430 of thisMunicipal Code is repealed.
(b) 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 this section. (c) Subsection (c) above shall not be interpreted to apply to a person caring for 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 feral cats;
(2) Regularly feeds or arranges for the feeding of the colony, including on weekends and holidays;
(3) Traps or makes a reasonable effort to trap all feral cats over the age of eight (8) weeks in his or her /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 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.
8.02.430 BREEDING PERMITS—ADMINISTRATION.
(a) No person shall cause or allow any dog or cat owned or harbored in the City 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 § 8.02.290 of this Code. 9 5
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(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 Animal Control Services. Such breeding permit is required in addition to any license required under § 8.02.040 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 § 8.02.290. 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. (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 number in any publications in which they advertise. Further, the permit number must be provided to any person adopting or purchasing any 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.
8.02.440 SALE OR ADOPTION OF CATS OR DOGS.
(a) Any person who provides or offers to the public, whether or not for compensation, any pet or pet related goods (where they are the primary products) or pet services shall provide to their clients, free of charge, information relating to pet care and ownership, including information on City laws pertaining to animal control.
This required information will be prepared and provided by San Mateo County Animal Control Services. (b) Any person offering cats or dogs for sale or adoption shall disclose to any purchaser or adoptive owner information regarding the licensing or permit requirements of San Mateo City applicable to such animal. (c) No person shall offer for sale or adoption any cat or dog 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.
8.02.450 REVOCATION OF PERMIT.
(a) Any permit issued pursuant to Section 8.02.430 may be revoked if the Animal Control Officer has reasonable cause to believe any of the following to be true:
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(1) The permittee has violated any state or local ordinances relating to the keeping, care or use of any animal including, but not limited to, those contained in this Title; (2) The permittee is in violation on 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 refuses 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 investigation, 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.
8.02.460 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.
8.02.470 RESPONSIBILITY FOR ENFORCEMENT.
The Animal Control Program shall be responsible for the enforcement and administration of this chapter.
Section 8.02.480 DEFINITIONS.
For the purpose of this chapter, certain words and phrases are defined as follows and certain provisions shall be construed as herein set forth unless it shall be apparent from their context that they have a different meaning.
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(a) "Kennels" shall mean the keeping of or causing to be kept more than ten dogs at any one premises whether a commercial or non-commercial kennel.
(b) "Commercial Kennels" shall mean the breeding, raising or keeping of dogs for sale; or the boarding, racing or other commercial handling of dogs or any combination of the foregoing by any person, firm or corporation.
(c) "Catteries" shall mean a place, either indoors or enclosed, for the commercial breeding, raising, or keeping of more than ten cats; or the boarding or other commercial handling of more than ten cats or any combination of the foregoing by any person, firm or corporation.
8.02.490 KEEPING OF DOGS AND/OR CATS.
It is unlawful for any person to keep or cause to be kept or to assist in keeping more than four (4) dogs or four (4) cats or any combination of dogs and cats totaling more than four (4) at any one premises within 1/2 mile of any adjoining residence in the City of San Mateo.