Municipal Code Amendments for
Animal Control
Ordinance Introduction
February 5, 2024
Glen Teixeira, Lieutenant
Police Department
Background
Purpose
Code Language
Recommendation
2 Animal Control is one of the
longest running
regional/shared services in
San Mateo County
Since 1952, San Mateo
County has contracted with
the Peninsula Humane
Society (PHS) for animal
control and sheltering
services.
All 20 cities in the County
contract with SM County for
Animal Control services.
The contract includes an
expectation that each City
will adopt and maintain a
similar ordinance
A multi-city team of
representatives worked to
craft a County Animal
Control Ordinance that
would serve all jurisdictions.
Staff wishes to Introduce an
Ordinance to amend the San
Mateo Municipal Code
Chapter 8.02 “Animal Control”
to provide clarity in definitions
and streamline processes
Background
Purpose
Code Language
Recommendation
3 The revised Ordinance
will streamline the
process, improve
enforceability, and
provide standardized
definitions and fees
across all jurisdictions
in the County.
The emphasis was on
increasing efficiency in
enforcement, clarifying
language, and
addressing inevitable
shortfalls.
The ordinance
revisions were
adopted by the San
Mateo County Board
of Supervisors in
December 2023
Staff wishes to
continue to partner
with the County for
Animal Control and
recommends making
amendments to
correspond with those
recently adopted by
the County.
4 EXISTING CODE LANGUAGE
(h) "Dangerous Animal" means any
animal, except a trained dog assisting a
peace officer engaged in law
enforcement duties, which because of
its disposition, behavior, training or
other characteristic constitutes a
danger to persons or property, or
which demonstrates any or all of the
following behavior:
(1) Any attack or other behavior which
requires a defensive action by any person to
prevent bodily injury or property damage or
that results in an injury to a person or
property.
(2) Any aggressive attack or other behavior that
constitutes a substantial threat of bodily harm to a
person or animal, where such attack, injury or
behaviors occurs in a place where such person or
animal is conducting himself or herself peaceably
and lawfully.
(3) An attack on another
animal or livestock which
occurs off the property of the
Owner of the attacking animal.
(4) Any animal that has been
deemed by another governmental
jurisdiction as "potentially
dangerous," "dangerous,"
"vicious," or any other similar
designation.
Background
Purpose
Code Language
Recommendation
SMMC Section 8.02.010(h)
“Dangerous Animal” Current
Definition
5 POPOSED CODE LANGUAGE
“Dangerous Animal” means any animal,
except a trained animal assisting a peace
officer engaged in law enforcement duties,
that constitutes a danger to Persons or
animals, and/or demonstrates any of the
following behavior(s):
(1) Behavior that results in bodily harm that
is less serious than a “Severe Injury,” or
constitutes
a substantial threat of bodily harm to a
Person; or
(2) An attack on another animal which
results in an injury that is sufficient to
require veterinary care even if not received.
Background
Purpose
Code Language
Recommendation
SMMC Section 8.02.010
“Dangerous Animal” Proposed
Definitions
6 Existing Code
Language
Requires separation of
residential parking
Results in multiple
security gates
Prevents mixed or
shared parking
The Animal Control Program
Manager has found that most
animals deemed “Dangerous” (about
90%) do not re-offend
Lifting the designations
for animals no longer
deemed a danger is
consistent with other
jurisdictions
Complies with State
recommendations
under the California
Food and Agricultural
Code
Updates definitions to
improve enforcement
and remove areas of
confusion
PROPOSED CODE LANGUAGE
EFFECTS
The proposed revision clarifies the threshold
for when an animal may be designated as
“Dangerous.” Currently, a Dangerous animal
designation remains for the life of the animal;
under the proposed revisions, an owner may
apply for the designation to be lifted after a
period of three (3) years if it has been safely
maintained under the permit, removing the
need for County oversight and enforcement.
SMMC Section 8.02.010
“Dangerous Animal”
Proposed Definitions
Continued
Background
Purpose
Code Language
Recommendation
7 EXISTING CODE
LANGUAGE
(k) "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.
SMMC Section 8.02.010(k)
“Severe Injury” Current
Definition
Background
Purpose
Code Language
Recommendation
8 POPOSED CODE LANGUAGE
“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.
Background
Purpose
Code Language
Recommendation
SMMC Section 8.02.010 “Severe
Injury” Proposed Definitions
9 EXISTING CODE LANGUAGE
(j) "Vicious Animal" means any animal, except a
trained dog assisting a peace officer engaged in law
enforcement duties, which meets any or all of the
following criteria:
(1) Any animal previously designated as "dangerous,"
that after investigation by an Animal Control Officer
and/or Peace Officer is found under conditions which
constitute a violation of this chapter or applicable
dangerous animal permit and which demonstrates a
significant danger to the public health or safety;
(2) Any animal seized under section 599aa of the
Penal Code and/or upon the sustaining of a
conviction of the Owner or caretaker under
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.
Background
Purpose
Code Language
Recommendation
SMMC Section 8.02.010(j)
“Vicious Animal” Current
Definition
"Vicious Animal" means any animal, except a trained animal assisting a peace officer engaged in law enforcement duties, which meets any or all of the following criteria:
(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.
SMMC Section 8.02.010
“Vicious Animal”
Proposed Definitions
Background
Purpose
Code Language
Recommendation
(3) Any animal which cannot be safely maintained with a Dangerous Animal permit.
(4) Any animal designated 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.
An animal which has been declared by an out of this 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
SMMC Section 8.02.010
“Vicious Animal”
Proposed Definitions
Continued
Background
Purpose
Code Language
Recommendation
12 PROPOSED CODE LANGUAGE
EFFECTS
An animal designated as “Vicious” is, in
many circumstances, to be humanely
euthanized. The proposed code raises
the threshold for when an animal may
be declared “Vicious” (and thus is to be
euthanized) as is consistent with current
standards and practical enforcement.
For offending animals deemed a
significant danger to the public, a
“Vicious” animal designation is still
applicable.
SMMC Section 8.02.010
“Vicious Animal”
Proposed Definitions
Continued
Background
Purpose
Code Language
Recommendation
13 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 a licensed veterinarian, an anti-rabies
vaccination to be administered in the manner
prescribed or approved by the State of California
Department of Public Health. This vaccination shall be
obtained prior to issuing a license for the dog or cat.
In addition, proof of vaccination shall be provided to
the licensing program.
SMMC Section 8.02.030
“Rabies Vaccination”
Current Definition
Background
Purpose
Code Language
Recommendation
14 (a) Every dog or cat owner shall ensure their animal is vaccinated for rabies by a licensed veterinarian 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.
SMMC Section 8.02.030
“Rabies Vaccination”
Proposed Definition
Background
Purpose
Code Language
Recommendation
15 PROPOSED CODE LANGUAGE
EFFECTS
Lowering the rabies vaccination
age requirement is consistent
with current state law.
SMMC Section 8.02.030
“Rabies Vaccination”
Proposed Definition
Continued
Background
Purpose
Code Language
Recommendation
16 EXISTING CODE
LANGUAGE
Any Owner of a dangerous animal
shall insure compliance with the
following rules and regulations
which shall be mandatory
requirements for any dangerous
animal permit:
(m) The Owner shall not allow any
animal designated "dangerous" as
the result of aggression against
human(s) to be kept on property or
within a household in which a
juvenile person under the age of
eighteen resides.
SMMC Section 8.02.120(m)
“Dangerous Animal
Requirements” Current
Language
Background
Purpose
Code Language
Recommendation
17 PROPOSED CODE LANGUAGE
EFFECTS
Removes language indicating that an
animal owner may not maintain a
“Dangerous” animal in a home with a
juvenile person under the age of
eighteen (18).
The committee could not find any other
jurisdiction that had this restriction in
an ordinance and is not aware of any
instance in which it had actually
improved public safety or in which it
was enforceable.
SMMC Section 8.02.030
“Dangerous Animal
Requirements”
Continued - Proposed
Background
Purpose
Code Language
Recommendation
18 PROPOSED CODE LANGUAGE
EFFECTS
Revises and updates the fee
schedule for consistency across
all agencies, and further
clarifies the offenses for which
administrative citations may be
issued for violations of the
Chapter.
“Updated Fee Schedule”
Background
Purpose
Code Language
Recommendation
RECOMMENDATION
Introduce an Ordinance to amend San Mateo Municipal Code Chapter 8.02 “Animal Control” to provide clarity in definitions and streamline processes.