Agenda packet, regular meeting — San Mateo City Council, October 6, 2025 (part 2 of 2)

277 of 405

(Rev. Oct. 6, 2025)
Action/Obligation Responsible
Parties
Timeline for
Performance
Target
Completion*
Exclusive of any buffers
Buffers*
Each buffer commences from
the date of completion of prior
milestone
Default Date
Exceeding this date
constitutes a default
under the terms of this
Agreement

8. Residential submits for federal
tax credits (Typically Feb.)
Residential
Developer
The first
February after 3
months prior to
podium
completion.

Residential
developer may
apply for up to 3
rounds of tax
credit funding
cycles. This must
be preceded by,
and coordinated
with, state
funding sources
(assumes 3
cycles, or five
years maximum).

Feb. 2032 No buffer February 20,
2037 (or tax
credit deadline,
whichever first)

9. Residential Developer submits
to City final Tenant Selection and
Marketing Plan and Financing
Plan (Conditions Precedent to
Conveyance of Property)
Residential
Developer
One month prior
to closing on all
necessary
financing for
Residential
Development
(#10, below)
Noember. 2032 No buffer November 31,
2037

278 of 405

10. Residential Developer shall
secure and close on all necessary
financing for the Residential
Development (the “Financing
Commitment”).

Residential
Developer
Within 10
months of
successfully
submitting for
tax credits.

Residential
developer may
apply for up to 3
rounds of tax
credit funding
cycles.

December 2032 No buffer December 31,
2037

11. City and Residential
Developer shall execute, and City
shall record, the Residential
Ground Lease, Regulatory
Agreement and Deed of Trust.

City and
Residential
Developer
Concurrently
with the close of
financing for
Residential
Development
(#10, above).

December 2032 No buffer December 31,
2037

12. Residential Developer shall
obtain Building permits for the
Residential Development and
commence construction of the
Residential Improvements.

Developer
Within 30 days
from the close of
Escrow of the
Residential
Financing (#10,
above)
January 2033 No buffer January 31,
2038

13. Residential Developer obtains
Final Building Inspection for
superstructure.

Residential
Developer
Within 24
months
following the
commencement
of construction
January 2035 Up to 9 months October 2040

279 of 405

(Rev. Oct. 6, 2025)

280 of 405

CITY OF SAN MATEO
6 0
1 3

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 16 Section Name: NEW BUSINESS Account Number: 10-5112 File ID: 25-10433 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Police Department
MEETING DATE: October 06, 2025
SUBJECT:

Animal Control Amendments — Ordinance Introduction
RECOMMENDATION:

Introduce an Ordinance amending San Mateo Municipal Code Chapter 8.02 "Animal Control" and adding Chapter 8.34 “Animal Fanciers Permit” to maintain enforceability and alignment with San Mateo County's Animal Control Ordinance.

BACKGROUND:

Animal control is one of the longest running regional/shared services in San Mateo County. Since 1952, the County of San Mateo has contracted with the Peninsula Humane Society (PHS) for animal control field and sheltering services. All 20 cities in the County have in turn contracted with the County for these services. The contract with the County includes an expectation that each City will adopt and maintain an animal control Ordinance which is substantially the same as the San Mateo County Ordinance.

San Mateo Municipal Code Chapter 8.02 contains regulations regarding animal control in the City of San Mateo.

Substantial updates were made to Chapter 8.02 in 2024, to ensure conformity with the County Ordinance. Recently staff became aware that sections of Chapter 8.02 were inadvertently repealed in conjunction with the 2024 update. The repealed sections were maintained in a different part of the County’s code, and it was not expressly communicated that these sections needed to be retained in order to maintain uniformity. The key provisions to be amended/added back to Chapter 8.02 include:
Spaying & Neutering
Breeding Permits
Keeping of Dogs and Cats
Sale or Adoption of Cats and Dogs
Revocation of Permit
Penalty for Violation
Responsibility for Enforcement
In addition to the amendments in Chapter 8.02, it is recommended Chapter 8.34 be added to the San Mateo Municipal Code regarding Animal Fancier Permits. This new chapter will be consistent with the County Code and sets forth the permit conditions and inspection requirements for those individuals who wish to keep a number of dogs or cats in excess of the number typically allowed (which is any combination of 5 dogs or cats).

In order to enforce regulations regarding spay and neuter laws, the number of animals that may be kept in homes, the breeding of animals with permits, etc., staff recommends introduction of the Ordinance (Attachment 1) to provide consistency and maintain the City’s interest in continuing to partner with the County for animal control services.

281 of 405

CITY OF SAN MATEO
6 0
1 3
BUDGET IMPACT:

No budget impact is anticipated as a result of this action.

ENVIRONMENTAL DETERMINATION:

This action is not a project subject to CEQA, because it can be seen with certainty that it will not cause a physical change in the environment. (Public Resources Code Section 21065.)

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Proposed Ordinance
Att 2 – Proposed Ordinance – Track Changes

STAFF CONTACT
Ed Barberini, Chief of Police
[email protected]
(650) 522-7600
Glen Teixeira, Lieutenant
[email protected]
(650) 522-7608

282 of 405

1 2
3 2
7 CITY OF SAN MATEO

DRAFT ORDINANCE
Amending Chapter 8.02 “Animal Control” and Adding Chapter 8.34 “Animal Fanciers Permit” to the San Mateo Municipal Code
WHEREAS, the City of San Mateo has authorized personnel from the County of San Mateo to administer and enforce Municipal Code Chapter 8.02 “Animal Control” on behalf of the City; and WHEREAS, the San Mateo County Board of Supervisors recently adopted an ordinance to amend the San Mateo County Code related to Animal Control; and
WHEREAS, the City of San Mateo wishes to continue to partner with the County to provide animal control services and wishes to maintain an animal control ordinance which is substantially the same as the County’s ordinance; and
WHEREAS, the proposed amendments to Chapter 8.02 will provide clarity in definitions, streamline processes, improve enforceability, and above all else, provide enhanced public safety; and WHEREAS, it is recommended Chapter 8.34 be added regarding Animal Fancier Permits to be consistent with the County Code regulating the permit conditions and inspection requirements for those individuals who wish to keep a number of dogs or cats in excess of the number typically allowed.

NOW, THEREFORE, THE COUNCIL OF THE CITY OF SAN MATEO ORDAINS AS FOLLOWS:

Section 1. Section 8.02.350 of the San Mateo Municipal Code is amended as follows:

8.02.350 Schedule of Fees and Charges (County Code § 6.04.350).

This Section 8.02.350 sets forth the fees for the Animal Control Program and Licensing Program. No animal shall be released to its Owner, or other Person responsible for the care, custody, or control of the animal, unless applicable fees have been paid.

Animal Control and Licensing fees and charges established by this code are as follows:
(a) License Fees.

Dogs
Unaltered dog
1-year license $55.00
3-year license $160.00

283 of 405

1 2
3 2
7 Unaltered dog Senior Pet Owner (over 60 yrs.)
1-year license $23.00
3-year license $64.00
Altered dog
1-year license $25.00
3-year license $70.00
Altered dog Senior Pet Owner (over 60 yrs.)
1-year license $10.00
3-year license $25.00
Misc. dog fees
Late fee $20.00
Duplicate tag $10.00
Cats
Unaltered cat
1-year license $20.00
3-year license $55.00
Unaltered cat Senior Pet Owner (over 60 yrs.)
1-year license $12.00
3-year license $31.00
Altered cat
1-year license $8.00
3-year license $19.00
Altered cat/ Senior Pet Owner (over 60 yrs.)

284 of 405

1 2
3 2
7 1-year license $5.00
3-year license $12.00
Misc. cat fees
Late fee $7.00
Duplicate tag $5.00
(b) Redemption Charges.

Type A & B (large or medium size animals — horses, cows, hogs, sheep, etc.)
Impound cost $100.00
Board cost per day $30.00
Trailering cost (per use) $100.00
Type C (dogs, and cats)
Impound Costs — First Impound
Altered — licensed, wearing tag $40.00
Unaltered — licensed, wearing tag $65.00
Altered — unlicensed, no tag $55.00
Unaltered — unlicensed, no tag $85.00
Impound Costs — Second Impound
Altered — licensed, wearing tag $90.00
Unaltered — licensed, wearing tag $125.00
Altered — unlicensed, no tag $105.00
Unaltered — unlicensed, no tag $140.00
Impound Costs — Third Impound

285 of 405

1 2
3 2
7 Altered — licensed, wearing tag $135.00
Unaltered — licensed, wearing tag $155.00
Altered — unlicensed, no tag $155.00
Unaltered — unlicensed, no tag $180.00
Impound Costs — Fourth Impound
Altered — licensed, wearing tag $180.00
Unaltered — licensed, wearing tag $215.00
Altered — unlicensed, no tag $200.00
Unaltered — unlicensed, no tag $240.00
Impound Costs — Fifth Impound and up
Altered — licensed, wearing tag $225.00
Unaltered — licensed, wearing tag $260.00
Altered — unlicensed, no tag $245.00
Unaltered — unlicensed, no tag $285.00
Board charges (per day)
Altered — dogs $25.00
Unaltered — dogs $35.00
Altered — cats $16.00
Unaltered — cats $22.00
Type D (small size animals, e.g., birds, hamsters, or other) Impound cost $20.00
Board cost $10.00
(c) Surrender, Euthanasia and DOA (Dead on Arrival) Disposal Fees.

286 of 405

1 2
3 2
7 Dog — Licensed or unlicensed
Surrender $60.00
Euthanasia $50.00
DOA Disposal $30.00
Cat — Licensed or unlicensed
Surrender $60.00
Euthanasia $50.00
DOA Disposal $30.00
Rabbit/Small Animal
Surrender $40.00
Euthanasia $30.00
DOA Disposal $15.00
Litter of Three or more
Surrender $50.00
Euthanasia $40.00
DOA Disposal $20.00
Bird/Fowl
Surrender $20.00
Euthanasia $15.00
DOA Disposal $20.00
All Other Companion Animals (Reptiles, Amphibians, etc.) Surrender $25.00
Euthanasia $25.00

287 of 405

1 2
3 2
7 DOA Disposal $20.00
Farm Animals
Surrender $60.00
Euthanasia: Under 100 pounds
Over 100 pounds
$60.00
$125.00
DOA Disposal: Under 100 Pounds
Over 100 pounds
$30.00
$100.00
(d) Other Animal Control Fees.

Quarantine Fee $60.00
Dangerous Animal Permit (DAP) Fee $300.00
DAP Inspection Fee $100.00
DAP Signage $15.00
Field Retrieval/Return Fee $40.00
Breeding Permit Fee $150.00
Fancier Permit and/or Exotic Pet Fee $100.00
Return Check Fee $25.00
Service Dog Application Processing Fee $50.00
(e) Miscellaneous fee provisions.
(1) The Animal Control Program, and/or Licensing Program, may establish license discounts for recognized animal rescue organizations.
(2) License fees include a one dollar ($1) annual surcharge on all licenses for the animal population trust fund.
(3) At the discretion of the Animal Control Program Manager, a payment plan for all fees outstanding may be permitted upon a showing of good cause. If a Person is in compliance with an agreed upon payment plan, their outstanding balance shall never be considered "nonpayment" as that term is used in this Chapter.

288 of 405

1 2
3 2
7 (4) The animal control fees for any animal related service not specified in this section shall be reviewed by the Chief of Health or their designee for reimbursement of costs. The Chief of Health or their designee shall have the authority to determine the fee charged for said services. The fee charged shall be paid by the Owner or caretaker of the animal(s) for which said service(s) have been provided. (5) Each calendar year, the Animal Control Program Manager shall designate one month as an amnesty period for payment of cat and dog license late fees and for compliance with section 8.02.020 of this Chapter, as provided herein. During the amnesty period, applicants for cat and dog licenses shall not be assessed any late penalty fee or any other penalty for failure to obtain such license or pay any applicable license fee, notwithstanding Sections 8.02.040 and 8.02.350 of this Chapter. (6) All revenue derived from the fees, fines, forfeitures, and penalties related to the enforcement of this ordinance shall be used to offset the cost of enforcement and administration of this Chapter.
(7) If the Animal Control Program Manager determines that payment of any fees by the Owner or caretaker for an impounded animal would cause extreme financial difficulty to the Owner or caretaker, and that it is in the best interests of the City to allow release of the animal upon these terms, the Animal Control Program Manager may, at their discretion, set up a payment plan or waive all or part of the fees incurred for the animal.

Section 2. Section 8.02.420 of the San Mateo Municipal Code is added to Chapter 8.02 as follows:

8.02.030 of this chapter.
(b) A license shall be issued for an unaltered dog or cat if the owner signs a written statement that such animal will not be allowed to breed unless the owner has first obtained a breeding permit under section

8.02.430 of this code.
(c) Any person providing care or sustenance for a period of thirty days or longer shall be deemed the owner of such animal and shall adhere to the provision of the section. (d) Subsection (c) above shall not be interpreted to apply to a person caring for barn cats or a colony of feral cats if such person:
(1) Registers (at no charge) with the Peninsula Humane Society or San Mateo County Animal Control Services as a caretaker for barn cats or feral cats. Such registration shall be optional for barn cats or feral cat colonies located within RM-CZ (Resource Management Coastal Zone) or the PAD (Planned Agricultural District); (2) Regularly feeds or arranges for the feeding of the cats, including on weekends and holidays;

289 of 405

1 2
3 2
7 (3) Traps or makes a reasonable effort to trap all barn or feral cats over the age of eight (8) weeks in his/her care, and has them spayed or neutered; (4) Has all trapped cats tested for feline leukemia and has those who test positive humanely euthanized or isolated indoors;
(5) Identifies barn or feral cats that have been spayed or neutered by means of ear notching, ear tipping, or ear tagging;
(6) Has all trapped cats vaccinated according to state and local laws.

Section 3. Section 8.02.430 of the San Mateo Municipal Code is added to Chapter 8.02 as follows:

8.02.430 Breeding Permits; Administration. (County Code §6.12.030) (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 Section 8.02.290 of this Code. (d) No person shall cause or allow the breeding of a male or female dog or cat without first obtaining a breeding permit issued by Animal Control Services. Such breeding permit is required in addition to any license required under Section 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 Section 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, or until they have begun a course of disease prevention under the direction of a State of California licensed veterinarian. (3) If within one year of placement a new owner becomes unable or unwilling to continue ownership and responsibility for an animal, the permit holder shall assist in placement of the animal. If no suitable placement can be found within six (6) months, the permit holder shall accept return of the animal if healthy and shall become fully responsible for its care.
(4) Any permit holder advertising to the public the availability of any animal for adoption or sale must prominently display the permit 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.

290 of 405

1 2
3 2
7 (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.

Section 4. Section 8.02.440 of the San Mateo Municipal Code is added to Chapter 8.02 as follows:

8.02.440 Sale or Adoption of Cats and Dogs. (County Code § 6.12.040) (a) Any person who provides or offers to the public, whether or not for compensation, any cat or dog shall provide to their clients, free of charge, information, relating to pet care and ownership, including information where applicable, on County laws pertaining to animal control. This required information will be prepared and provided by San Mateo County Animal Control Services upon request. (b) Any person offering cats or dogs for sale or adoption shall disclose to any purchaser or adoptive owner information regarding the licensing, registration or permit requirements of San Mateo County applicable to such animal.
(c) No person shall offer for sale or adoption any cat 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.

Section 5. Section 8.02.450 of the San Mateo Municipal Code is added to Chapter 8.02 as follows:

8.02.450 Revocation of Permit. (County Code § 6.12.050) (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:
(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 of any State health or safety law or regulation regarding animal care or control;
(3) The permittee has failed to comply with any condition or requirement of the permit or has failed to pay any fee imposed under this Code;
(4) The permittee refused to allow inspection, upon forty-eight hours written notice, of any animal covered by the permit or the premises on which the animal is kept; or (5) The permittee has transferred, sold or otherwise disposed of the animal for which the permit was issued.

291 of 405

1 2
3 2
7 (b) If, after inspection, the Animal Control Officer concludes that it is probable that one or more of the above grounds for revocation has occurred, it shall cause written notice thereof to be transmitted by mail to the address of the permittee. Said notice shall specify the grounds of possible revocation of the permit and shall specify a date and time for an informal hearing to be held before an Animal Control Officer. Said date shall be not less than five days subsequent to the date the notice is mailed. After the informal hearing, the Animal Control Officer may modify the terms of the permit or revoke the permit. (c) The permittee may appeal the decision of the Animal Control Officer to the County Environmental Health Officer if the permittee gives written notice of such appeal within five working days of the decision.

Section 6. Section 8.02.460 of the San Mateo Municipal Code is added to Chapter 8.02 as follows:

8.02.460 Penalty for Violation. (County Code § 6.12.060) 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.

Section 7. Section 8.02.470 of the San Mateo Municipal Code is added to Chapter 8.02 as follows:

8.02.470 Responsibility for Enforcement. (County Code § 6.12.070) The Animal Control Program shall be responsible for the enforcement and administration of this chapter.

Section 8. Section 8.02.480 of the San Mateo Municipal Code is added to Chapter 8.02 as follows:

8.02.480 General Provisions and Definitions. (County Code § 6.20.010). (a) The following shall be included when determining the number of animals kept: (1) any animal over the age of four (4) months; and (2) any animal to which care and sustenance have been provided for a period of thirty (30) days or longer, except where animals are boarded all animals over four (4) months shall be counted. (b) For the purpose of this chapter, certain words and phrases are defined as follows:
(1) "Animal Fanciers" shall mean a person, business or entity who keeps at least five (5) dogs, or five (5) cats, or any combination of dogs and cats which totals five (5), not to exceed ten (10) dogs, or ten (10) cats, or any combination of dogs and cats which totals ten (10) per one-family dwelling unit.

292 of 405

1 2
3 2
7 (2) "Catteries" shall mean a place for breeding, raising, keeping, boarding or other handling of more than (10) cats per dwelling unit or per business establishment. Ancillary activities that may be conducted in association with keeping of animals at a cattery include, but are not limited to, grooming, training, and sales of animals and supplies.
(3) "Kennels" shall mean a place for the breeding, raising, keeping, boarding or other handling of more than ten (10) dogs, or more than ten (10) dogs and cats per dwelling unit or per business establishment. Ancillary activities that may be conducted in association with the keeping of animals at a kennel include, but are not limited to, grooming, training, and sales of animals and supplies.

Section 9. Section 8.02.490 of the San Mateo Municipal Code is added to Chapter 8.02 as follows:

8.02.490 Keeping of Dogs and Cats. (County Code § 6.20.020). (a) It shall be unlawful for any person, business or entity to keep or cause to be kept five (5) or more dogs, or five (5) or more cats, or five (5) dogs and cats in any combination per dwelling unit or per business establishment unless in conformance with this chapter. In addition to any civil remedy provided for by law, a violation of any provision of this chapter may be prosecuted as an infraction. (b) The requirement to obtain an animal fanciers' permit or a kennel/cattery permit per sections

8.02.500, shall not be applicable to the following:
(1) Dogs or cats used for diagnostic purposes or research, the use having been approved by the California State Department of Health Services pursuant to section 1666 of the Health and Safety Code. (2) Dogs or cats used for teaching purposes in recognized educational institutions. (3) Seeing-eye dogs, other dogs trained for and used to assist disabled persons, or dogs trained for and used in drug enforcement, law enforcement or military operations. (4) Animal hospitals, as defined in sections 27.04.025 and 27.24.020 of Title 27 of this code. (5) Pet sales and/or grooming establishments, as defined in section 27.30.010 of the City Zoning Code Title 27.

Section 10. Section 8.02.500 of the San Mateo Municipal Code is added to Chapter 8.02 as follows:

8.02.500 Animal fanciers; Permit requirement. (County Code § 6.20.030).

Animal fanciers, as defined in section 8.02.480(b)(1), shall locate only in those zoning districts where animal fanciers is an allowed use, and be subject to an animal fanciers' permit when required by the County Zoning Regulations (Division 6, Part One of this Ordinance Code). The securing of an animal fanciers' permit shall be in conformance with Chapter 8.34 of this Title.

Section 11. Chapter 8.34 of the San Mateo Municipal Code is added to Title 8 as follows:

293 of 405

1 2
3 2
7 Chapter 8.34

ANIMAL FANCIERS PERMIT

8.34.010 Animal fancier permit program. (County Code § 6.16.010). (a) The Division of Animal Control shall administer an animal fancier permit program as described by this chapter to allow the keeping of dogs and/or cats up to a total of ten animals. (b) In accordance with sections 8.02.480 through 8.02.500 of this code, up to a total of ten animals (dogs and/or cats) may be kept at any one premises, in those zoning districts prescribed in the City zoning regulations, provided that a fancier's permit issued by the Animal Control Program Manager in accordance with this chapter in first obtained by the person keeping such animals.

8.34.020 Application for animal fancier permit. (County Code § 6.16.020). (a) Any application for an Animal Fancier Permit shall be made to the Division of Animal Control on a form provided by the Division. The application shall include the name of the applicant, his or her residence address and telephone number, the address of the proposed location where the animals are to be kept if different from applicant's address, and a description of the housing facilities for the keeping of the animals. The application shall also state the number of dogs and/or cats to be kept and include a copy of the current license certificate issued under section 8.02.040 of this code for each animal to be kept. The Animal Control Program Manager may require the applicant to provide any other information (s)he seems necessary to properly evaluate the application.

8.34.030 Issuance of permit. (County Code § 6.16.030).
(a) An application for a fancier's permit shall include a statement from the applicant that:
(1) Keeping of the animals at the proposed location will not violate any federal, state or local law. (2) Appropriate facilities of sufficient size exist at the proposed location to safely and adequately secure, feed, house, exercise and maintain the animals.
(3) The proposed location consists of a lot or lots of sufficient size to safely and adequately house, maintain and exercise the animals without disturbance to adjacent property owners or the public. (4) Possession and maintenance of the animals at the proposed location will not result in the animals being subject to neglect, cruelty, or abuse.
(5) The applicant has neither had any animal license or permit revoked, nor has been convicted of any violation of any provision of chapters 8.02 of this code or any other state or local animal control law, within the past year.

294 of 405

1 2
3 2
7 (6) The keeping and maintenance of the animal will not create a public or private nuisance or endanger the public health, safety or welfare.
(7) The keeping of the animals at the proposed location complies with all County zoning regulations.
(b) The Animal Control Program Manager may investigate or require any further information or documentation which would assist in determining whether the statements made by the applicant are correct and whether the permit should be issued.

8.34.040 Permit conditions. (County Code § 6.16.040).
(a) Any permit issued under this chapter shall be made expressly subject to the following conditions:
(1) The permit holder shall provide veterinary care as needed and make every effort to keep all animals free of disease and parasites.
(2) The permit holder shall keep the animals' living quarters clean and sanitary. (3) Any cages or structures housing animals shall be of a sufficient size to insure the health, safety and comfort of the animals and shall be placed at least three (3) feet from any lot line in residential areas. (4) Any other conditions which the Division determines is reasonably necessary to protect the welfare of the animals kept or the public, health, safety or welfare. (b) The fancier permit fee established under section 8.02.290 of this code shall be paid by the applicant prior to issuance of the permit. Such fee shall be paid each time a permit is issued or renewed.

8.34.050 Inspections. (County Code § 6.16.050).
(a) The Animal Control Program Manager may require any permit holder to produce for inspection any required animal license, permit or certificate of vaccination. (a) The Animal Control Program Manager may, with 48 hours notice to the permit holder, conduct such inspections of the premises upon which animals are kept under a fancier's permit, as necessary to insure compliance with the conditions of the permit.
(b) Such inspection of the premises shall be based on the direct observations of an animal control officer or upon a non-anonymous compliant.

8.34.060 Expiration and renewal of permits. (County Code § 6.16.060). (a) Permits issued under this chapter shall expire one year after issuance.

295 of 405

1 2
3 2
7 (b) Permits may be renewed on an annual basis upon filing of a new application containing updated information and payment of the annual fancier's permit fee established by section 8.02.290. (c) No permit shall be renewed if the Animal Control Program Manager has received two or more substantiated complaints concerning the location or manner of keeping of the animals or if the Animal Control Program Manager has determined that the findings set forth in section 8.34.030 cannot be made or that any of the grounds for revocation described by section 8.34.070 of this chapter exist.

8.34.070 Permit revocation. (County Code § 6.16.070).

Any permit issued under this chapter may be revoked by the Animal Control Program Manager if, after investigation, the Animal Control Program Manager finds reasonable cause to believe any of the following grounds exist:
(a) The permittee has violated any animal control laws or regulations, any zoning or health and safety laws or any regulations relating to the keeping of animals. (b) The permittee has failed to keep and maintain in a clean and sanitary condition the premises on which the animals are kept.
(c) The permittee has acted in an inhumane or cruel manner in the treatment of the animals. (d) The permittee has failed to provide any animal with proper food, water, exercise, shelter or veterinary care.
(e) The permittee has failed to comply with all conditions of the permit. (f) The permittee has failed to pay any fee or obtain any license imposed under title 6 of this code. (g) The permittee has provided false information in the permit application or has failed to cooperate in allowing inspection of the premises by the Animal Control Program Manager.

8.34.080 Appeal of revocation of permit. (County Code § 6.16.080). (a) Prior to revocation of a permit, the Animal Control Program Manager shall provide written notice to the permittee of its intention to revoke the permit. Such notice shall contain a statement of the grounds supporting permit revocation and shall advise the permittee that the permit will be revoked unless a hearing before the Director of the Health System or his/her designee is requested in writing to the Animal Control Program Manager within ten days of the mailing of the notice. Any request for a hearing must specify the reasons the license should not be revoked and why the grounds cited in the notice do not exist. (a) Upon receipt of a request for hearing, the Animal Control Program Manager shall schedule a hearing before the Director of the Health System or his/her designee and shall provide the permittee with reasonable written notice of the date, time and place of the hearing.

296 of 405

1 2
3 2
7 (c) At the hearing, the petitioner and the Animal Control Program Manager may be represented by counsel, present oral and written evidence and cross-examine witnesses. The strict rules of evidence need not apply. Any relevant evidence may be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs. In this regard, written statements, records or reports by a state or county officer or employee, or any law enforcement or fire protection officer or employee, or the animal control program or its agents, acting in the course and scope of their official duties, or written statements by any person made under penalty of perjury, may be admitted as evidence that the facts or conditions expressed therein do or do not exist.
(d) After the hearing, the hearing officer may revoke the permit or may impose additional conditions in order to allow continuation of the permit if he or she finds that substantial evidence supports the decision by the Animal Control Program Manager to revoke the permit. Alternatively, the hearing officer may determine that the permit should not be revoked.
(e) After a permit is revoked, the Animal Control Program Manager shall allow the permit holder reasonable time, not to exceed 90 days, to relocate those cats and dogs which may not be kept without a fancier permit: except that if the cause of revocation involves health or safety concerns or violations or animal neglect or cruelty the Animal Control Program Manager may immediately impound all of the animals.

8.34.090 New application after denial or revocation. (County Code § 6.16.090).

If a license has been denied or revoked, the Animal Control Program Manager shall not accept a new application by the same person or member of the person's household less than twelve (12) months after such denial or revocation unless the applicant shows and Animal Control Program Manager determines that the grounds upon which the first license or application was denied or revoked no longer exist. Upon revocation, no part of the permit fee shall be refunded.

8.34.100 Administrative guidelines. (County Code § 6.16.100). (a) The Animal Control Program Manager may formulate administrative guidelines in conformity with, and for the purpose of implementing, this chapter.

8.34.110 Mediation. (County Code § 6.16.110).

Upon receipt of a nuisance complaint regarding the holder of an Animal Fancier Permit, the Animal Control Program Manager ("Manager") may require the complainant(s) to mediate with the Animal Fancier permit holder as a precondition of investigation, citation and abatement of the nuisance. Such cases may be referred to the County Mediation Program. If the Manager determines mediation is appropriate and the complainants agree to mediate but the alleged violator refuses, the Manager may proceed with investigation and any appropriate enforcement.

Section 2. Environmental Determination. In accordance with California Environmental Quality Act (CEQA) Guidelines, section 21065, this action is not a project subject to CEQA, because it can be seen with certainty that it will not cause a physical change in the environment.

297 of 405

1 2
3 2
7 Section 3. Severability. In the event any section, clause or provision of this ordinance shall be determined invalid or unconstitutional, such section, clause or provision shall be deemed severable and all other sections or portions hereof shall remain in full force and effect.

Section 4. Publication. This Ordinance shall be published in summary in a newspaper of general circulation, posted in the City Clerk's Office, and posted on the City's website, all in accord with Section 2.15 of the City Charter.

Section 5. Legislative History and Effective Date. This ordinance was introduced on Clerk to complete., and adopted on Clerk to complete., and shall be effective 30 days after its adoption.

298 of 405

Chapter 8.02

ANIMAL CONTROL

8.02.002 ADOPTION OF SAN MATEO COUNTY'S "ANIMAL CONTROL" ORDINANCE.

Sections 6.04.010 through 6.04.370 of the San Mateo County Ordinance Code (Animal Control Ordinance), as they were in existence or adopted by the County as 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 any Person designated as the Animal Control Program Manager for the County, as well as the head of the County's animal control contractor and their 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 established 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 the participating jurisdictions. Animal Control Program includes the Licensing Program. (c) "Animal Control Program Manager" means that Person employed by the County to oversee the Animal Control Program or designee.

299 of 405

(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.
(e) "Caretaker" means any Person 18 years of age or older, who has assumed responsibility for the care, custody, or control of an animal(s).
(f) "County" means the County of San Mateo.
(g) "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.

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.
(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

300 of 405

(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. (o) "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. (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.

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 Animal Control Program shall include, but not be limited to, the following:

301 of 405

(1) Provide animal control, 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) 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.
(5) Impound animals which are in imminent or ongoing danger, or which are in need of safekeeping in order to protect the health and safety of the animal. (6) Impound animals that are causing a threat to public safety. (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.
(8) To remove and dispose of the carcass of any animal(s) found on any public right of way, except freeways or other areas maintained by Caltrans. (9) Quarantine animals under the direction of the County Health Officer to ensure public health and safety.
(10) Euthanize and/or dispose of animal(s) humanely and in accordance with the law.
(11) Place 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.
(13) Provide or make available at low cost, spay/neuter surgeries to dogs, cats, and rabbits.

302 of 405

(14) Provide 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 under Penal Code section 830.9, who are either employees of 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, and obtain and execute search warrants to the maximum extent allowed by law, for violations of state and local animal control laws. 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) Those 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 court, and obtain and execute search warrants, to the maximum extent allowed by law, for violations of state and local animal control laws.
(d) The County may contract for animal control services to be performed countywide, including within cities, provided agreement is made with the participating jurisdictions.

8.02.030 RABIES VACCINATIONS (County Code § 6.04.030).
(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.

303 of 405

(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) 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 three (3) months owned or kept in the City.

Said annual license fee shall be ﬁrst due when the animal reaches three (3) months of age or within 60 calendar days after the dog or cat is acquired, and due on the expiration date of the rabies 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 assessed a late penalty. (4) The fee for such license shall be as set forth in Section 8.02.350. The fee paid for the licensing of altered 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 shall be at a discount.
(5) An Owner may obtain a three-year license 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 fails to pay such license fee after said fee is due or said dog or cat is required to be licensed, in addition to paying any past due license fee(s), may also be required to pay a late fee in accordance with Section 8.02.350 or may receive an administrative citation.
(7) A license shall be obtained, but no license fee shall be payable, by the Owner of any dog being raised, trained or used as 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 law enforcement. (8) Animals with microchip implants or other permanent identiﬁcation acceptable to the Animal Control Program are not exempt from the mandatory licensing requirements. (b) The licensing provisions in this ordinance are not applicable to the following:

304 of 405

(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. (c) Tags for dogs and cats shall be issued as follows:
(1) The Licensing Program shall procure and, 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 together with a description of the dog or cat for which 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 Chapter.
(2) Whenever a tag has been lost or stolen, the Owner of the animal may request a duplicate tag upon payment of the required fee.
(3) The Owner of a licensed dog or cat shall affix such tag to a suitable collar, which collar shall remain on the dog or cat at all times.
(4) When an animal has been designated as a Service Animal, the Owner may obtain a lifetime service tag and shall be required to follow the requirements in Section

8.02.030 (a). Said tag will replace a regular dog license. (5) 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 animal sold, adopted, or given away and shall forward such information to Animal Control services within thirty (30) calendar days thereafter. An 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.

8.02.050 PUBLIC PROTECTION FROM DOGS (County Code § 6.04.050). (a) No Owner or possessor of a dog shall cause or allow such dog to bite, or physically threaten or harass any Person unless necessary to protect the physical safety of a Person. (b) Every Owner or possessor of a dog shall prevent such dog from causing injury to another animal while such animal is lawfully upon public or private property. The failure of the Owner of a

305 of 405

victim animal to have the animal on a leash shall not, in itself, constitute a mitigating factor in any attack.
(c) No Owner or possessor of a dog shall command or provoke such dog to attack, sic or threaten a Person unless such action is necessary to protect the physical safety of a Person. (d) 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.

8.02.045 THREE YEAR LICENSES FOR DOGS AND CATS (County § 6.04.045).

Repealed.

8.02.060 PROHIBITED CONDUCT (County Code § 6.04.060).

No Owner or other 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:
(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 latter 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.
(c) To suffer or permit such animal to habitually bark or meow or otherwise act to 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. (e) 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

306 of 405

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 ANIMALS IN MOTOR VEHICLES (County Code § 6.04.070). (a) No Person shall leave or conﬁne an animal in any unattended motor vehicle under conditions that endanger the health or well-being of said animal due to heat, cold, lack of adequate ventilation, lack of water, or other circumstances that could reasonably be expected to cause suffering, disability, or death of said animal.
(b) 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.
(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 § 6.04.080).

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 for the immediate health and safety of the animal. This section shall not apply to Animal Control Officers, Humane Officers, and/or peace officers.

307 of 405

8.02.090 DECLARATION OF DANGEROUS ANIMAL (County Code § 6.04.090). (a) No Person shall knowingly keep, have, maintain, sell, trade, or let for hire an animal designated as Dangerous under this Chapter 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 8.02.100. 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, which may include humane euthanasia. (b) In determining whether or not an animal shall be designated 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).
(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, may consider the following 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 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) 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.

308 of 405

(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. (g) Should the Owner of the animal wish to contest the Dangerous Animal designation, the Owner may request a hearing, which hearing shall 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 Dangerous 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 Dangerous.
(1) Should the animal Owner not submit a request for an administrative hearing within the required timeframe, the administrative hearing process shall be deemed waived, the Dangerous Animal designation will be ﬁnal, and the animal Owner shall obtain a Dangerous Animal permit within seven (7) calendar days of the written notiﬁcation that the animal has been declared Dangerous.
(2) 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 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. (h) If after investigation by an Animal Control Officer or peace officer, that officer determines that the animal is not Dangerous, the victim or an Owner of a victim animal may appeal that determination, within seven (7) calendar days of notice of the decision 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

309 of 405

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. (i) No 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. (k) A permit issued under this section is subject to renewal annually. An annual inspection of the location where the animal resides will be performed by an Animal Control Officer.

Inspections may occur at any reasonable hour and will occur at least annually. The fee for such permit and inspection shall be as set forth in section 8.02.350 of this Chapter. Fees shall not be refundable. If the registered Owner fails to pay the permit fee and/or comply with the requirements of the permit within ten (10) calendar days of the annual inspection date, the permit may be revoked and the animal may be impounded for appropriate disposition, as determined by an Animal Control Officer, peace officer, County contracted agency or City designee, including humane euthanasia.
(l) A 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.

310 of 405

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 § 6.04.100). (a) Any Owner of a Dangerous Animal shall ensure 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, ensure that the animal is not 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 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) 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. (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. (5) Ensure that all structures used to conﬁne the animals are locked with a key or combination lock when such animals are within the fenced yard, kennel, run or enclosure. (6) 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 the animal is maintained. (8) Pay permit and property inspection fees as set forth in section 8.02.350 within (10) ten calendar days of the permit issuance or renewal. (9) Obtain 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

311 of 405

property where the animal is kept, warning Persons of the presence of a Dangerous Animal 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.
(10) 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.
(11) Ensure said animal wears, at all times, a separate Dangerous Animal tag issued by the Animal Control Program in addition to complying with license requirements as deﬁned in Section 8.02.040.
(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.
(13) 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 Manager or City representative at their sole discretion, said animal shall be spayed or neutered by a California licensed veterinarian, at Owner expense, and within those forty-ﬁve (45) days, 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 altered, due to a medical reason, the Owner shall present the Animal Control 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. (14) Notify an Animal Control Officer and the Animal Control Program Manager of the animal's death within twenty-four (24) hours and produce the animal's body for veriﬁcation upon request.
(15) Notify an Animal Control Officer and the Animal Control Program Manager immediately in the event the animal becomes lost, stolen, or escapes from its fenced yard, kennel run, or enclosure.
(16) 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.

312 of 405

(17) Comply with all other permit conditions or requirements imposed by an Animal Control Officer, peace officer, or hearing officer pursuant to this Chapter. (18) Comply with all local and state laws regarding the care, use, control, and maintenance of animals.
(b) Any Owner of a Dangerous Animal shall ensure compliance with the following additional requirements, if directed to do so by an 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) Provide 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 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.

8.02.105 DECLARATION OF VICIOUS ANIMALS (County § 6.04.105).

Repealed.

8.02.110 REVOCATION OR MODIFICATION OF DANGEROUS ANIMAL PERMIT (County Code §

6.04.110).
(a) Any Dangerous Animal permit issued pursuant to this Chapter 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:

313 of 405

(1) The Dangerous Animal Owner or any Person to whom the Owner has given care, custody, or control of the animal has violated any local or state laws relating to the keeping, care or use of any animals.
(2) The Owner or any Person to whom the Owner has given care, custody, or control of the animal has violated any Dangerous Animal permit conditions, or any requirement imposed by the Animal Control Officer, peace officer, or hearing officer. (3) The Owner or any Person to whom the Owner has given care, custody, or control changed the location of his/her residence or his/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 the public or an animal's health and safety, the Animal Control Officer or peace officer may impound or cause to be impounded the animal while an investigation is taking place.
(c) If, after investigation, the Animal Control Officer or peace officer concludes that there is probable cause to believe that one or more of the above conditions for revocation or modiﬁcation of the permit has occurred, the officer shall deliver written notice of 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, the Owner may request an administrative hearing to be held before a hearing officer, as designated by the Animal Control Program Manager, within seven (7) calendar days of receiving the notice of revocation. Said administrative hearing date shall be not less than seven (7) calendar days or no more than (20) twenty calendar days after the date the request for hearing is received by the Animal Control Manager. The administrative hearing shall be conducted as set forth in section 8.02.150 of this chapter. The hearing officer conducting the hearing may either modify the terms of the permit or revoke the permit.

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.

314 of 405

(d) Upon written notice by the Animal Control Officer, peace officer, or hearing officer, if a hearing was held, if any modiﬁcations to a Dangerous Animal permit are made, the Owner shall immediately comply with such modiﬁed permit requirements. (e) Upon written notice from an Animal Control Officer, peace officer or hearing officer of the revocation of 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. The Dangerous Animal shall be impounded and humanely euthanized unless the County designee or City designee has approved a different disposition. At the sole discretion of the appropriate City or County representative, such animal may be permanently removed from the County to another jurisdiction with written approval from that jurisdiction.

8.02.115 HEARING PROCEDURES (County § 6.04.115).

Repealed.

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. (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:

315 of 405

(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.
(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

316 of 405

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 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.

317 of 405

(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 cause.

318 of 405

(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.
(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 § 6.04.160). (a) The Animal Control Program may impound any animal kept or found under conditions that constitute a violation of this Chapter or other state or local law. The animal's Owner shall be responsible for all costs incurred or fees applicable with respect to such impoundment and maintenance in the shelter.
(b) An Animal Control Officer or peace officer may impound or cause to be impounded an animal when there is reasonable cause to believe that such animal posed, or poses, a threat to the public's health and 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 investigate, and to determine whether or not said animal is Dangerous or Vicious as deﬁned 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 Dangerous and shall notify the Owner of said animal as soon as reasonably practical thereafter. (c) 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. (d) No impounded animal may be redeemed unless and until any required license fee and/or other applicable charges and fees have been paid. In the event such animal is not redeemed within the time set forth by State law, it shall be deemed abandoned and may be adopted, transferred to a rescue, or disposed of in the manner determined by the 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.
(e) 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, the fees, and/or charges related to the animal. Said records shall be kept for a period of seven (7) years.

319 of 405

8.02.170 STRAY ANIMALS (County Code § 6.04.170).

Any Person who ﬁnds or picks up a stray or lost animal shall report the same to the Animal Control Shelter within twenty-four hours thereafter and shall release such animal to the Animal Control Shelter upon demand.

8.02.180 EPIDEMICS (County Code § 6.04.180)
The County Health Officer 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 Health Officer shall prepare and promulgate such orders, rules, and regulations as are necessary for appropriate control of all the animals concerned within the County. Said rules and regulations of the 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 Health Officer in carrying out such rules and regulations.

8.02.190 BITE REPORTING REQUIREMENTS (County Code § 6.04.190). (a) 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 any Person having knowledge of any animal which has bitten a human being or other animal within the County to immediately, 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.

320 of 405

(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:
(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 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.

321 of 405

(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 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.

322 of 405

(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.
(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.

323 of 405

(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 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 is responsible for the care, custody, or control of said 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 impound 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. (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 incurred by the Animal Control Program for sheltering and caring for the quarantined animal.

324 of 405

8.02.350 Schedule of Fees and Charges (County Code § 6.04.350).

Animal Control and Licensing fees and charges established by this code are as follows:
(a) License Fees.

Dogs
Unaltered dog
1-year license $55.00
3-year license $160.00
Unaltered dog Senior Pet Owner (over 60 yrs.)
1-year license $23.00
3-year license $64.00
Altered dog
1-year license $25.00
3-year license $70.00
Altered dog Senior Pet Owner (over 60 yrs.)
1-year license $10.00
3-year license $25.00
Misc. dog fees
Late fee $20.00
Duplicate tag $10.00
Cats

325 of 405

Unaltered cat
1-year license $20.00
3-year license $55.00
Unaltered cat Senior Pet Owner (over 60 yrs.)
1-year license $12.00
3-year license $31.00
Altered cat
1-year license $8.00
3-year license $19.00
Altered cat/ Senior Pet Owner (over 60 yrs.)
1-year license $5.00
3-year license $12.00
Misc. cat fees
Late fee $7.00
Duplicate tag $5.00
(b) Redemption Charges.

Type A & B (large or medium size animals — horses, cows, hogs, sheep, etc.)

Impound cost $100.00
Board cost per day $30.00
Trailering cost (per use) $100.00
Type C (dogs, and cats)

326 of 405

Impound Costs — First Impound
Altered — licensed, wearing tag $40.00
Unaltered — licensed, wearing tag $65.00
Altered — unlicensed, no tag $55.00
Unaltered — unlicensed, no tag $85.00
Impound Costs — Second Impound
Altered — licensed, wearing tag $90.00
Unaltered — licensed, wearing tag $125.00
Altered — unlicensed, no tag $105.00
Unaltered — unlicensed, no tag $140.00
Impound Costs — Third Impound
Altered — licensed, wearing tag $135.00
Unaltered — licensed, wearing tag $155.00
Altered — unlicensed, no tag $155.00
Unaltered — unlicensed, no tag $180.00
Impound Costs — Fourth Impound
Altered — licensed, wearing tag $180.00
Unaltered — licensed, wearing tag $215.00
Altered — unlicensed, no tag $200.00
Unaltered — unlicensed, no tag $240.00
Impound Costs — Fifth Impound and up
Altered — licensed, wearing tag $225.00

327 of 405

Unaltered — licensed, wearing tag $260.00
Altered — unlicensed, no tag $245.00
Unaltered — unlicensed, no tag $285.00
Board charges (per day)
Altered — dogs $25.00
Unaltered — dogs $35.00
Altered — cats $16.00
Unaltered — cats $22.00
Type D (small size animals, e.g., birds, hamsters, or other) Impound cost $20.00
Board cost $10.00
(c) Surrender, Euthanasia and DOA (Dead on Arrival) Disposal Fees Dog — Licensed or unlicensed
Surrender $60.00
Euthanasia $50.00
DOA Disposal $30.00
Cat — Licensed or unlicensed
Surrender $60.00
Euthanasia $50.00
DOA Disposal $30.00
Rabbit/Small Animal
Surrender $40.00

328 of 405

Euthanasia $30.00
DOA Disposal $15.00
Litter of Three or more
Surrender $50.00
Euthanasia $40.00
DOA Disposal $20.00
Bird/Fowl
Surrender $20.00
Euthanasia $15.00
DOA Disposal $20.00
All Other Companion Animals (Reptiles, Amphibians, etc.) Surrender $25.00
Euthanasia $25.00
DOA Disposal $20.00
Farm Animals
Surrender $60.00
Euthanasia: Under 100 pounds
Over 100 pounds
$60.00
$125.00
DOA Disposal: Under 100 Pounds
Over 100 pounds
$30.00
$100.00
(d) Other Animal Control Fees.

Quarantine Fee $60.00
Dangerous Animal Permit (DAP) Fee $300.00
DAP Inspection Fee $100.00

329 of 405

DAP Signage $15.00
Field Retrieval/Return Fee $40.00
Breeding Permit Fee $150.00
Fancier Permit and/or Exotic Pet Fee $100.00
Return Check Fee $25.00
Service Dog Application Processing Fee $50.00
(e) Miscellaneous fee provisions.
(1) The Animal Control Program, and/or Licensing Program, may establish license discounts for recognized animal rescue organizations.
(2) License fees include a one dollar ($1) annual surcharge on all licenses for the animal population trust fund.
(3) At the discretion of the Animal Control Program Manager, a payment plan for all fees outstanding may be permitted upon a showing of good cause. If a Person is in compliance with an agreed upon payment plan, their outstanding balance shall never be considered "nonpayment" as that term is used in this Chapter. (4) The animal control fees for any animal related service not speciﬁed in this section shall be reviewed by the Chief of Health or their designee for reimbursement of costs. The Chief of Health or their designee shall have the authority to determine the fee charged for said services. The fee charged shall be paid by the Owner or caretaker of the animal(s) for which said service(s) have been provided. (5) Each calendar year, the Animal Control Program Manager shall designate one month as an amnesty period for payment of cat and dog license late fees and for compliance with section 8.02.020 of this Chapter, as provided herein. During the amnesty period, applicants for cat and dog licenses shall not be assessed any late penalty fee or any other penalty for failure to obtain such license or pay any applicable license fee, notwithstanding Sections 8.02.040 and 8.02.350 of this Chapter. (6) All revenue derived from the fees, ﬁnes, forfeitures, and penalties related to the enforcement of this ordinance shall be used to offset the cost of enforcement and administration of this Chapter.

330 of 405

(7) If the Animal Control Program Manager determines that payment of any fees by the Owner or caretaker for an impounded animal would cause extreme ﬁnancial difficulty to the Owner or caretaker, and that it is in the best interests of the City to allow release of the animal upon these terms, the Animal Control Program Manager may, at their discretion, set up a payment plan or waive all or part of the fees incurred for the animal.

8.02.370 SEVERABILITY (County Code § 6.04.370).

If any section, subsection, sentence, clause, phrase or word of this Chapter 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 Chapter.

8.02.420 Spaying/Neutering (County Code § 6.12.020)
(a) Any person who owns or harbors within the City, any cat or dog over the age of six months which has not been spayed or neutered, shall procure either a license to keep an unaltered dog or cat or a license and permit for breeding cats or dogs issued by the San Mateo County Animal Control Program under Section 8.02.030 of this chapter. (b) A license shall be issued for an unaltered dog or cat if the owner signs a written statement that such animal will not be allowed to breed unless the owner has ﬁrst obtained a breeding permit under section 8.02.430 of this code.
(c) Any person providing care or sustenance for a period of thirty days or longer shall be deemed the owner of such animal and shall adhere to the provision of the section. (d) Subsection (c) above shall not be interpreted to apply to a person caring for barn cats or a colony of feral cats if such person:
(1) Registers (at no charge) with the Peninsula Humane Society or San Mateo County Animal Control Services as a caretaker for barn cats or feral cats. Such registration shall be optional for barn cats or feral cat colonies located within RM-CZ (Resource Management Coastal Zone) or the PAD (Planned Agricultural District); (2) Regularly feeds or arranges for the feeding of the cats, including on weekends and holidays;
(3) Traps or makes a reasonable effort to trap all barn or feral cats over the age of eight (8) weeks in his/her care, and has them spayed or neutered; (4) Has all trapped cats tested for feline leukemia and has those who test positive humanely euthanized or isolated indoors;

331 of 405

(5) Identiﬁes barn or feral cats that have been spayed or neutered by means of ear notching, ear tipping, or ear tagging;
(6) Has all trapped cats vaccinated according to state and local laws.

8.02.430 Breeding Permits; Administration. (County Code §6.12.030) (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 Section 8.02.290 of this Code. (d) No person shall cause or allow the breeding of a male or female dog or cat without ﬁrst obtaining a breeding permit issued by Animal Control Services. Such breeding permit is required in addition to any license required under Section 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 Section 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, or until they have begun a course of disease prevention under the direction of a State of California licensed veterinarian.
(3) If within one year of placement a new owner becomes unable or unwilling to continue ownership and responsibility for an animal, the permit holder shall assist in placement of the animal. If no suitable placement can be found within six (6) months, the permit holder shall accept return of the animal if healthy and shall become fully responsible for its care.
(4) Any permit holder advertising to the public the availability of any animal for adoption or sale must prominently display the permit 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.

332 of 405

This required information will be prepared and provided by San Mateo County Animal Control Services upon request.
(b) Any person offering cats or dogs for sale or adoption shall disclose to any purchaser or adoptive owner information regarding the licensing, registration or permit requirements of San Mateo County applicable to such animal.
(c) No person shall offer for sale or adoption any cat 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. (County Code § 6.12.050) (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:
(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 of any State health or safety law or regulation regarding animal care or control;
(3) The permittee has failed to comply with any condition or requirement of the permit or has failed to pay any fee imposed under this Code; (4) The permittee refused to allow inspection, upon forty-eight hours written notice, of any animal covered by the permit or the premises on which the animal is kept; or (5) The permittee has transferred, sold or otherwise disposed of the animal for which the permit was issued.
(b) If, after inspection, the Animal Control Officer concludes that it is probable that one or more of the above grounds for revocation has occurred, it shall cause written notice thereof to be transmitted by mail to the address of the permittee. Said notice shall specify the grounds of

333 of 405

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. (County Code § 6.12.060) 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. (County Code § 6.12.070) The Animal Control Program shall be responsible for the enforcement and administration of this chapter.

8.02.480 General Provisions and Deﬁnitions. (County Code § 6.20.010) (a) The following shall be included when determining the number of animals kept: (1) any animal over the age of four (4) months; and (2) any animal to which care and sustenance have been provided for a period of thirty (30) days or longer, except where animals are boarded all animals over four (4) months shall be counted.
(b) For the purpose of this chapter, certain words and phrases are deﬁned as follows:
(1) "Animal Fanciers" shall mean a person, business or entity who keeps at least ﬁve (5) dogs, or ﬁve (5) cats, or any combination of dogs and cats which totals ﬁve (5), not to exceed ten (10) dogs, or ten (10) cats, or any combination of dogs and cats which totals ten (10) per one-family dwelling unit.
(2) "Catteries" shall mean a place for breeding, raising, keeping, boarding or other handling of more than (10) cats per dwelling unit or per business establishment. Ancillary

334 of 405

activities that may be conducted in association with keeping of animals at a cattery include, but are not limited to, grooming, training, and sales of animals and supplies. (3) "Kennels" shall mean a place for the breeding, raising, keeping, boarding or other handling of more than ten (10) dogs, or more than ten (10) dogs and cats per dwelling unit or per business establishment. Ancillary activities that may be conducted in association with the keeping of animals at a kennel include, but are not limited to, grooming, training, and sales of animals and supplies.

8.02.490 Keeping of Dogs and Cats. (County Code § 6.20.020) (a) It shall be unlawful for any person, business or entity to keep or cause to be kept ﬁve (5) or more dogs, or ﬁve (5) or more cats, or ﬁve (5) dogs and cats in any combination per dwelling unit or per business establishment unless in conformance with this chapter. In addition to any civil remedy provided for by law, a violation of any provision of this chapter may be prosecuted as an infraction.
(b) The requirement to obtain an animal fanciers' permit or a kennel/cattery permit per sections 8.02.500, shall not be applicable to the following:
(1) Dogs or cats used for diagnostic purposes or research, the use having been approved by the California State Department of Health Services pursuant to section 1666 of the Health and Safety Code.
(2) Dogs or cats used for teaching purposes in recognized educational institutions. (3) Seeing-eye dogs, other dogs trained for and used to assist disabled persons, or dogs trained for and used in drug enforcement, law enforcement or military operations. (4) Animal hospitals, as deﬁned in sections 27.04.025 and 27.24.020 of Title 27 of this code.
(5) Pet sales and/or grooming establishments, as deﬁned in section 27.30.010 of the City Zoning Code Title 27.

8.02.500 Animal fanciers; Permit requirement. (County Code § 6.20.030) Animal fanciers, as deﬁned in section 8.02.480(b)(1), shall locate only in those zoning districts where animal fanciers is an allowed use, and be subject to an animal fanciers' permit when required by the County Zoning Regulations (Division 6, Part One of this Ordinance Code). The securing of an animal fanciers' permit shall be in conformance with Chapter 8.34 of this Title.

Chapter 8.34

ANIMAL FANCIERS PERMIT

335 of 405

8.34.010 Animal fancier permit program. (County Code § 6.16.010) (a) The Division of Animal Control shall administer an animal fancier permit program as described by this chapter to allow the keeping of dogs and/or cats up to a total of ten animals. (b) In accordance with sections 8.02.480 through 8.02.500 of this code, up to a total of ten animals (dogs and/or cats) may be kept at any one premises, in those zoning districts prescribed in the City zoning regulations, provided that a fancier's permit issued by the Animal Control Program Manager in accordance with this chapter in ﬁrst obtained by the person keeping such animals.

8.34.020 Application for animal fancier permit. (County Code § 6.16.020) (a) Any application for an Animal Fancier Permit shall be made to the Division of Animal Control on a form provided by the Division. The application shall include the name of the applicant, his or her residence address and telephone number, the address of the proposed location where the animals are to be kept if different from applicant's address, and a description of the housing facilities for the keeping of the animals. The application shall also state the number of dogs and/or cats to be kept and include a copy of the current license certiﬁcate issued under section 8.02.040 of this code for each animal to be kept. The Animal Control Program Manager may require the applicant to provide any other information (s)he seems necessary to properly evaluate the application.

8.34.030 Issuance of permit. (County Code § 6.16.030)
(a) An application for a fancier's permit shall include a statement from the applicant that:
(1) Keeping of the animals at the proposed location will not violate any federal, state or local law.
(2) Appropriate facilities of sufficient size exist at the proposed location to safely and adequately secure, feed, house, exercise and maintain the animals. (3) The proposed location consists of a lot or lots of sufficient size to safely and adequately house, maintain and exercise the animals without disturbance to adjacent property owners or the public.
(4) Possession and maintenance of the animals at the proposed location will not result in the animals being subject to neglect, cruelty, or abuse. (5) The applicant has neither had any animal license or permit revoked, nor has been convicted of any violation of any provision of chapters 8.02 of this code or any other state or local animal control law, within the past year.

336 of 405

(6) The keeping and maintenance of the animal will not create a public or private nuisance or endanger the public health, safety or welfare. (7) The keeping of the animals at the proposed location complies with all County zoning regulations.
(b) The Animal Control Program Manager may investigate or require any further information or documentation which would assist in determining whether the statements made by the applicant are correct and whether the permit should be issued.

8.34.040 Permit conditions. (County Code § 6.16.040)
(a) Any permit issued under this chapter shall be made expressly subject to the following conditions:
(1) The permit holder shall provide veterinary care as needed and make every effort to keep all animals free of disease and parasites.
(2) The permit holder shall keep the animals' living quarters clean and sanitary. (3) Any cages or structures housing animals shall be of a sufficient size to insure the health, safety and comfort of the animals and shall be placed at least three (3) feet from any lot line in residential areas.
(4) Any other conditions which the Division determines is reasonably necessary to protect the welfare of the animals kept or the public, health, safety or welfare. (b) The fancier permit fee established under section 8.02.290 of this code shall be paid by the applicant prior to issuance of the permit. Such fee shall be paid each time a permit is issued or renewed.

8.34.050 Inspections. (County Code § 6.16.050)
(a) The Animal Control Program Manager may require any permit holder to produce for inspection any required animal license, permit or certiﬁcate of vaccination. (b) The Animal Control Program Manager may, with 48 hours notice to the permit holder, conduct such inspections of the premises upon which animals are kept under a fancier's permit, as necessary to insure compliance with the conditions of the permit. (c) Such inspection of the premises shall be based on the direct observations of an animal control officer or upon a non-anonymous compliant.

337 of 405

8.34.060 Expiration and renewal of permits. (County Code § 6.16.060) (a) Permits issued under this chapter shall expire one year after issuance. (b) Permits may be renewed on an annual basis upon ﬁling of a new application containing updated information and payment of the annual fancier's permit fee established by section

8.02.290.
(c) No permit shall be renewed if the Animal Control Program Manager has received two or more substantiated complaints concerning the location or manner of keeping of the animals or if the Animal Control Program Manager has determined that the ﬁndings set forth in section 8.34.030 cannot be made or that any of the grounds for revocation described by section 8.34.070 of this chapter exist.

8.34.070 Permit revocation. (County Code § 6.16.070)
Any permit issued under this chapter may be revoked by the Animal Control Program Manager if, after investigation, the Animal Control Program Manager ﬁnds reasonable cause to believe any of the following grounds exist:
(a) The permittee has violated any animal control laws or regulations, any zoning or health and safety laws or any regulations relating to the keeping of animals. (b) The permittee has failed to keep and maintain in a clean and sanitary condition the premises on which the animals are kept.
(c) The permittee has acted in an inhumane or cruel manner in the treatment of the animals.
(d) The permittee has failed to provide any animal with proper food, water, exercise, shelter or veterinary care.
(e) The permittee has failed to comply with all conditions of the permit. (f) The permittee has failed to pay any fee or obtain any license imposed under title 6 of this code.
(g) The permittee has provided false information in the permit application or has failed to cooperate in allowing inspection of the premises by the Animal Control Program Manager.

8.34.080 Appeal of revocation of permit. (County Code § 6.16.080) (a) Prior to revocation of a permit, the Animal Control Program Manager shall provide written notice to the permittee of its intention to revoke the permit. Such notice shall contain a

338 of 405

statement of the grounds supporting permit revocation and shall advise the permittee that the permit will be revoked unless a hearing before the Director of the Health System or his/her designee is requested in writing to the Animal Control Program Manager within ten days of the mailing of the notice. Any request for a hearing must specify the reasons the license should not be revoked and why the grounds cited in the notice do not exist. (b) Upon receipt of a request for hearing, the Animal Control Program Manager shall schedule a hearing before the Director of the Health System or his/her designee and shall provide the permittee with reasonable written notice of the date, time and place of the hearing. (c) At the hearing, the petitioner and the Animal Control Program Manager may be represented by counsel, present oral and written evidence and cross-examine witnesses. The strict rules of evidence need not apply. Any relevant evidence may be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs. In this regard, written statements, records or reports by a state or county officer or employee, or any law enforcement or ﬁre protection officer or employee, or the animal control program or its agents, acting in the course and scope of their official duties, or written statements by any person made under penalty of perjury, may be admitted as evidence that the facts or conditions expressed therein do or do not exist.
(d) After the hearing, the hearing officer may revoke the permit or may impose additional conditions in order to allow continuation of the permit if he or she ﬁnds that substantial evidence supports the decision by the Animal Control Program Manager to revoke the permit. Alternatively, the hearing officer may determine that the permit should not be revoked. (e) After a permit is revoked, the Animal Control Program Manager shall allow the permit holder reasonable time, not to exceed 90 days, to relocate those cats and dogs which may not be kept without a fancier permit: except that if the cause of revocation involves health or safety concerns or violations or animal neglect or cruelty the Animal Control Program Manager may immediately impound all of the animals.

8.34.090 New application after denial or revocation. (County Code § 6.16.090) If a license has been denied or revoked, the Animal Control Program Manager shall not accept a new application by the same person or member of the person's household less than twelve (12) months after such denial or revocation unless the applicant shows and Animal Control Program Manager determines that the grounds upon which the ﬁrst license or application was denied or revoked no longer exist. Upon revocation, no part of the permit fee shall be refunded.

8.34.100 Administrative guidelines. (County Code § 6.16.100) The Animal Control Program Manager may formulate administrative guidelines in conformity with, and for the purpose of implementing, this chapter.

339 of 405

8.34.110 Mediation. (County Code § 6.16.110)
Upon receipt of a nuisance complaint regarding the holder of an Animal Fancier Permit, the Animal Control Program Manager ("Manager") may require the complainant(s) to mediate with the Animal Fancier permit holder as a precondition of investigation, citation and abatement of the nuisance. Such cases may be referred to the County Mediation Program. If the Manager determines mediation is appropriate and the complainants agree to mediate but the alleged violator refuses, the Manager may proceed with investigation and any appropriate enforcement.

340 of 405

Ordinance Introduction
Animal Control Amendments
Glen Teixeira, Lieutenant
Police Department
October 6, 2025

341 of 405

Background
• Animal control is long running shared service in San Mateo County
• County contracts with Peninsula Humane Society
• All 20 cities contract with SM County
• Each City must adopt/maintain an Animal Control ordinance consistent with County ordinance

342 of 405

Purpose of Amendments
• In San Mateo, animal control is regulated by SMMC 8.02 • In 2024, significant updates made to County Code
• City subsequently made updates to ensure conformity to County ordinance
• Sections of Chapter 8.02 were inadvertently repealed in 2024 • repealed sections were maintained in a different section of County code • Sections must be added back in to SMMC to maintain uniformity with the County

343 of 405

Key Code Provisions to Add/Reinstate
• Spaying & Neutering
• Breeding Permits
• Keeping of Dogs/Cats
In order to enforce regulations regarding spay and neuter laws, the number of animals that may be kept in homes, the breeding of animals with permits, etc. it is recommended these sections be added back to the municipal code. • Sale or adoption of Dogs/Cats
• Revocation of Permit
• Misc. Fee Provisions, Penalties
and Responsibility for
Enforcement

344 of 405

8.34 - Animal Fanciers Permit
• New Chapter to be added
• Allows up to 10 dogs/cats per premises with permit
• Sets forth permit conditions
• Sanitation, proper housing, cages > 3ft from property line • Inspections
• Permit denial/revocation if complaints or noncompliance • Consistent with County Code

345 of 405

Recommendation
• Introduce Ordinance to amend SMMC 8.02 “Animal Control” and add Chapter 8.34 “Animal Fanciers Permit” to maintain consistency with County
• Adoption would be scheduled for October 20th
• Take effect November 20th

346 of 405

CITY OF SAN MATEO

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 17 Section Name: OLD BUSINESS Account Number: 10-1311 File ID: 25-10321 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: City Manager's Office
MEETING DATE: October 6, 2025
SUBJECT:

Gas Leaf Blower Prohibition — Update
RECOMMENDATION:

Provide direction on how to update the leaf blower Ordinance to prohibit the use of gas leaf blowers.

BACKGROUND:

Gas leaf blower regulations can help reduce greenhouse gas emissions and address air quality impacts. Many cities in the Bay Area have adopted gas leaf blower bans including the City of Burlingame, Town of Hillsborough, City of Menlo Park, and City of Palo Alto. At the April 3, 2023 City Council meeting, City Council decided not to pursue leaf blower regulations, and instead Council directed staff to develop a more robust rebate program, enhance community outreach and engagement on existing regulations and encourage the use of electric leaf blowers, and lead by transitioning City operations to electric leaf blowers. That was the most recent direction to staff until the February 2025 City Council Blue Sky meeting, when staff was directed to “Develop and implement an ordinance to prohibit the use of gas leaf blowers within the City of San Mateo” in the upcoming Fiscal Year. This report provides an overview of the City’s current leaf blower regulations, an update on the City’s rebate program and outreach, and an update on City operations. Finally, this report outlines policy areas for City Council to provide feedback in order for staff to proceed with an Ordinance prohibiting gas leaf blower use and recommendations from the Sustainability and Infrastructure Commission.

STATE AND CITY LEAF BLOWER REGULATIONS
State Regulations (AB 1346)
Small Off-Road Engine (SORE) includes equipment such as leaf blowers and lawnmowers. These engines present concerns for air pollution, noise pollution, and climate change. AB 1346 requires new SORE Model Years 2024 and later to be zero emission. The state regulation does not impact older gas equipment that is already in use and older gas equipment can still be purchased.

City’s Current Regulations
San Mateo Municipal Code Chapter 10.80 “Operation of Leaf Blowers” (see Attachment 2) limits the use of leaf blowers to 8:00 am to 5:00 pm on weekdays and 9:00 am to 5:00 pm on Saturdays. The use of leaf blowers is prohibited on Sundays and certain designated holidays. The hours of operation apply to residential zoning districts and in areas bordering residentially zoned neighborhoods. Uses of leaf blowers in residential zoning districts, or areas bordering residential zoning districts, also require the operator to use a blower nozzle extension and operate the leaf blower at a low speed to minimize noise. No more than one leaf blower may be operated at a residence at any time. Material blown by leaf blowers cannot be blown onto neighboring properties or onto the public right-of-way without being immediately removed. These restrictions have been in place since 1997.

347 of 405

CITY OF SAN MATEO
CITY’S ELECTRIC LEAF BLOWER REBATE PROGRAM
The City provides up to 75% of the purchase price up to a maximum of $500 to landscaping businesses and up to 50% purchase price and maximum of $100 for residents. At the time of writing this report, the City had issued 20 rebates to businesses and 97 rebates to residents since the program launched in 2021. The average residential rebate was $79.52 and the average business rebate was $399.94. The City spent an average of $3,142 per year on rebates. Historically, there has been ample budget to fund the rebate program. Since the City has not had a gas leaf blower prohibition in place, looking forward staff will closely monitor and evaluate the budget during the upcoming transition.

Per City Council’s direction in 2023, staff evaluated the City’s rebate program and staff did not increase the electric leaf blower rebate amount for a few reasons. Because state regulations require all new 2024 model year leaf blower equipment to be electric, the current rebate is not needed to incentivize the purchase of new electric equipment, as it is already required to be electric. Also, cost is not the only barrier for landscaping businesses to convert to the electric option. In staff’s 2023 outreach on the issue, landscaping businesses identified battery life and equipment performance as the leading barriers to using electric equipment. Note, a commercial landscaping business could potentially leverage multiple local rebates since other neighboring cities such as the City of Burlingame, City of Menlo Park, Town of Atherton, City of Redwood City and Town of Hillsborough also have electric leaf blower rebate programs.

INCREASED COMMUNITY ENGAGEMENT AND OUTREACH
Staff has focused on increased engagement and marketing of the electric leaf blower rebate program which has helped increase rebate uptake. The rebate program participation was a record high of 46 rebates in 2024 compared to previous years with an average of 23 rebates per year. Staff routinely sends paper mailers to the roughly 100 landscaping and gardening businesses with San Mateo business licenses. To broaden engagement, staff reached out to Home Depot and the Workers Resource Center. Staff also promoted rebates through the City’s e-newsletter, City’s social media channels and Recology bill insert. Staff’s recent outreach highlighted both the upcoming gas leaf blower prohibition ordinance as well as the City’s electric leaf blower rebate program. Continued outreach will be a key part of the transition after an ordinance is in place.

CITY OPERATIONS
Parks and Public Works staff and City contractors use leaf blower equipment to remove debris throughout the City. Parks staff rely on leaf blowers almost daily as a primary source to remove debris from pathways and parking lots. Public Works staff primarily use blowers during weed abatement and leaf season. In 2024, staff identified Peninsula Clean Energy (PCE) Member Agency Grant funding to fund the purchase of 23 electric leaf blowers, 92 batteries and 16 battery chargers for Parks operations. The Parks equipment was delivered in August 2025 and Parks staff began using electric equipment citywide in September 2025. Public Works staff use five electric backpack blowers and two electric handheld blowers. Staff are currently working with the City’s various contractors to transition to electric leaf blower equipment.

In 2023, Parks Division evaluated their operations equipment to determine a feasible starting point and transition plan to convert to electric operated tools. An electrical upgrade was completed at the Park Yard for equipment charging. Also in 2023, Parks staff acquired a large area sweeper called a Multihog Compact Sweeper, thereby reducing the need for as much backpack blower cleanup work of parking lots and some pathways. The Multihog Compact Sweepers saves an estimated 14 hours of labor per week.

POLICY RECOMMENDATIONS NEEDED
To update the City’s existing leaf blower regulations, staff seek City Council feedback in the following areas:

Hours of Operation - Residential zoned areas vs. Citywide The City’s currently adopted leaf blower regulations and the hours of operation limitations only apply to residential zoning districts and in areas bordering residentially zoned neighborhoods. There are residences in Transit Oriented Development (TOD) zones and in Downtown, where the City’s current leaf blower regulations hours of operation do not apply. The City could consider applying leaf blower hours of operation citywide.

There is a lot of variation in how cities apply the hours of operations. The City of Menlo Park’s hours of operation apply

348 of 405

CITY OF SAN MATEO
citywide (Monday-Friday 8:00 am – 6:00 pm) and permits residents/property owners to use leaf blowers (Saturday, Sundays, and holidays 9:00 am – 5:00 pm). The City of Palo Alto has different hours of operation with residential zones having narrower hours of operation (Monday-Friday 9:00 am - 5:00 pm, Saturday 10:00 am - 4:00 pm) than non-residential zones (Monday-Friday 8:00 am - 6:00 pm, Saturday 10:00 am - 4:00 pm).

If the City were to expand regulations to apply citywide, this would likely have an impact on commercial businesses and City operations where leaf blowers are used to clear debris from parking lots early in the morning. For example, the City uses a contractor to maintain Downtown garages that use leaf blowers before 7:00 am, an optimal time to avoid conflict with cars. The same is true of existing commercial and office properties, some of which are near locations which may be suitable for housing now or in the future even if they are not currently developed with housing.

Staff seeks City Council feedback on how to proceed with revising the ordinance and whether to apply the hours of operation citywide or to continue with the existing approach where hours of operation apply to residentially zoned neighborhoods and in areas bordering residentially zoned neighborhoods.

Enforcement phasing
Staff reached out to cities with gas leaf blower bans and received feedback that ordinance enforcement is the primary challenge with leaf blower regulations. Unlike other code violations (e.g., inoperable vehicles, overgrown vegetation), the use of a leaf blower is fleeting in nature. Furthermore, the Code Enforcement Officer must personally observe the Municipal Code violation in order to enforce it. If staff is unable to witness the code violation, staff can use this opportunity to provide a courtesy letter with information about the new regulation.

It is best practice for local jurisdictions to adopt an Ordinance and delay the Ordinance enforcement date to allow community members and landscaping businesses to transition to compliant electric leaf blower equipment. The City of Burlingame began enforcement 9 months after Ordinance adoption and the City of Menlo Park began enforcement 12 months after Ordinance adoption. Staff recommends beginning enforcement of the Ordinance a minimum of 9 months after the Ordinance adoption date to allow for sufficient transition time. During this transition time, staff would conduct broad communitywide outreach about the new gas leaf blower prohibition. Staff seeks a recommendation from City Council on the Ordinance enforcement date.

Assignment of Penalties
San Mateo Municipal Code Chapter 1.10 Administrative Citations describes procedures that the City may pursue to address code violations through the issuance of administrative citations. The typical process includes the issuance of a warning prior to a citation. Citations begin at $100 and escalate to $200, and $500 per occurrence if not corrected. Other cities also rely on their administrative citations for their gas leaf blower Ordinance enforcement.

Other cities with gas leaf blower prohibitions include the option to enforce penalties against the owners of the property or any other responsible party who uses gas leaf blowers or have hired, employed, or engaged the services of a person or business utilizing gas leaf blowers. This way staff has multiple options to enforce penalties against other responsible parties beyond the leaf blower operators. Staff seeks City Council feedback on this approach to administering penalties for violations.

Sustainability and Infrastructure Commission Policy Recommendation At the September 10, 2025 Sustainability and Infrastructure Commission meeting, staff presented a similar report and asked for the Commission to make recommendations on the three policy areas described above. The Commission recommended 1) hours of operation apply to residentially zoned areas and areas adjacent to residential zones, 2) enforcement of the Ordinance to begin nine months after Ordinance adoption, and 3) penalties should be assigned to the homeowner or property owner, with the option to assign penalties to the leaf blower operator or any other responsible party, especially in situations when there is a commercial operator. In their discussion about the hours of operation, commissioners noted that allowing leaf blower activity in commercial areas outside of typical business hours is important because it is a safety issue, and helps keep landscapers safe by reducing risk and conflict with vehicles. Commissioners also

349 of 405

CITY OF SAN MATEO
pointed out that one of the tradeoffs of living in a vibrant and active Downtown or mixed-use area is embracing a higher level of noise. Commissioners were supportive of beginning enforcement nine months after Ordinance adoption and emphasized the need for strong messaging and education prior to the enforcement date.

REQUESTED CITY COUNCIL DIRECTION
Staff requests City Council direction on the following:

1. Should the Ordinance apply electric leaf blower hours of operation to residential zones and areas adjacent to residential zones only, or expand the application of electric leaf blower hours of operation citywide?

2. Should enforcement of the Ordinance begin 9 months, 12 months, or at a different time after Ordinance adoption?

3. Should the Ordinance include the option to enforce penalties against the property owners and/or any other responsible party who uses gas leaf blower or have hired, employed, or engaged the services of a person or business utilizing gas leaf blowers?

4. Does the City Council have other recommendations for the Ordinance prohibiting gas leaf blower use?

NEXT STEPS
Staff will incorporate City Council’s direction for the update of an Ordinance prohibiting gas leaf blower use. Staff anticipates Ordinance adoption in early 2026. Ordinance enforcement phasing will depend on City Council direction and timing.

BUDGET IMPACT:

The implementation and enforcement of this Ordinance would be integrated into the City’s existing code enforcement procedures. If City staff were directed to provide enhanced enforcement, this would require an assessment and allocation of staffing resources. On average, the City has issued 23 electric leaf blower rebates and amounting to an average of $3,142 per year, supported by the City’s Sustainability Program budget. Staff anticipate budgeting $10,000 per year for electric leaf blower equipment and battery replacement in future budget cycles.

ENVIRONMENTAL DETERMINATION:

This Council action in receiving an informational update and providing feedback for the development of an Ordinance prohibiting gas leaf blowers and additional leaf blower regulations is not a “project” subject to CEQA review, in that it consists of the planning for possible future actions which the City has not approved, adopted, or funded. (CEQA Guidelines Section 15262.)

NOTICE PROVIDED
All meeting noticing requirements were met. The City sent a mailer to landscaping businesses with a City of San Mateo business license to alert them of the September 10, 2025 Sustainability and Infrastructure Commission meeting, this October 6, 2025 City Council discussion, and the City’s Electric Leaf Blower Rebate Program.

ATTACHMENTS
Att 1 – Public Comment
Att 2 – San Mateo Municipal Code Chapter 10.80 "Operation of Leaf Blowers"

STAFF CONTACT
Andrea Chow, Sustainability Analyst
[email protected]
(650) 522-7007

350 of 405

From: Dave Clark
To: Andrea Chow; Sustainability & Infrastructure Commission Subject: Re (2) Wed 9/3 Leaf Blower Ordinance backgrounder / research Date: Wednesday, September 3, 2025 10:42:50 AM
Attachments: 25 09sep cosm leaf blower sic.pdf
25 01jan leaf blowers.pdf
Andrea:

I talked again with our landscaper and they pointed out that of the 50 customers only 8 are in the city of san mateo.

So my cost breakdown doesn't work unless all cities had similar ordinances.

From: Dave Clark < >
Date: Tuesday, September 2, 2025 at 9:25 AM
To:

Andrea Chow <[email protected]>, Sustainability & Infrastructure Commission <[email protected]>
Subject: Wed 9/3 Leaf Blower Ordinance backgrounder / research I encourage the sustainability commission to pass a leaf blower ban. 25 01jan leaf blowers.pdf
I attach my notes sent in January 2025 showing cities that have taken action :
https://pirg.org/texas/edfund/articles/cities-and-states-with-restrictions-on-gas-powered- lawn-equipment/
and which lists the negative consequences gas powered leaf blowers. It's doable, it is the right thing to do, and it is affordable (below).
25 09sep cosm leaf blower sic.pdf
I attach my research completed this week which show the conversations with several landscapers. I encourage the commission to include a small group of landscapers in this discussion and not issue top-down edicts. I can help find those small business owners if you want to set up a zoom call. My guess is that we have several hundred landscapers (how many are licensed) that work about fifty houses (in many different cities) each month. I've lumped SFH and MFH together. The cost per resident would be about $25/year over four years.

Perhaps early adopters can get a break on their business license and or rebates. I've talked with several landscape designers, each with about forty years experience. 15 minutes training (en espanol) on leaf blower / rake use could make a big difference. Top-down edicts from cities create negativity and some cities have not owned up to their promises.

351 of 405

Re: leaf blower ordinance in san mateo January 2025 While Leaf Blowers are secondary in priority to matters like housing, they should be addressed in some way and follow the trend set by CARB ban on SORE. I can’t imagine anyone lamenting the reduction of leaf blowers in the city. For most residents it is a matter of noise. The other eKects of LB are harder to discern. There are studies showing the eKects of noise and increased stress levels. European cities have a war on excessive noise with some putting sensors around the city to ﬁnd and eliminate the sources. • Noise (and secondary psychological eKects)
• Turbidity (the stirring up of PM 2.5 particles which can lodge in the lungs, dust)§ • Worker Health (fumes from gas equipment, noise, repetitive stress injuries, noise) • Soil Erosion and compaction (blowing soil away)§
• Air Pollution from ICE (1 hour of operation emits C02 on par with a long car drive) § true of electric powered leaf blowers as well.

We’ve come to accept this machinery as necessary but prior to 1990 leaf blowers were not used. So we know that rakes and brooms will work – but sometimes will take additional job time. Let’s also recognize that people who pay landscapers are not in low-income bracket – this law would not negatively aKect low-income residents. Most of the cities with bans are aKluent. Perhaps a solution lies in moderation, but a simpler solution (total ban) is easier to explain. Violations seem to be the diKicult part. Burlingame (population 30,000) does it with the code compliance oKice.

Cost
I have not seen a comprehensive cost analysis but gas leaf blowers for commercial use cost about $600 plus fuel and maintenance while an electric setup will run about $2K with four batteries. So it’s really that $1200 diKerence.

Number of landscapers
San mateo has about 40,000 homes. How many gardeners work here? I used an estimate of 10,000 homes which would be on the high side. If a crew of two can handle 50 customers a month (visting every other week) we have about 200 landscapers working in the city. Rough guess.

Commercial
I’ve been talking with landscapers and others about this for the past decade or so and have come to believe that for large concrete surfaces as found in commercial, leaf blowers can be an appropriate tool.

352 of 405

Comparative Assessment
Andrea did a good analysis of the status of leaf blowers in other peninsula cities. I would suggest that updating that would be a good place to start. I would also suggest that engaging with those cities to learn about the problems faced and what the perceived value of the ban was after the ban was invoked. When cities work together on issues better solutions come about. Those cities appear to be Burlingame, Hillsborough, Palo Alto, Menlo Park, Los Altos

This article mentions Quiet Clean DC as a gold standard. https://reasonstobecheerful.world/make-america-rake-again-leaf-blower-bans/ https://www.quietcleandc.com/

cities that have taken action
(https://pirg.org/texas/edfund/articles/cities-and-states-with-restrictions-on-gas-powered- lawn-equipment/)

Map of cities in the US (from pirg.org)
https://www.google.com/maps/d/u/0/viewer?ll=32.69691581385617%2C- 112.95336895&z=4&mid=1WlGTHOfzAcXHpxLZpEK43pfzSStxg90

353 of 405

354 of 405

9/2/25 1
Tuesday Sept 2nd, 2025
Dave Clark

San Mateo

City of San Mateo Sustainability Commission
Re: Leaf blower operating costs to gardening ﬁrms

Much has been written about the successful of LB (leaf blower) ordinances in local cities.

A signiﬁcant encumbrance has been enforcement – but those details are working themselves out. I am resending my memo of January 2025 which references the PIRG study showing a map of local cities.
https://www.google.com/maps/d/u/0/viewer?ll=32.6969158138562%2C- 112.95336895&z=4&mid=1WlGTHOfzAcXHpxLZpEK43pfzSStxg90
The primary drivers for LB for SORE landscaping equipment ordinances are noise reduction (to the worker and the community); Decreasing turbidity (which creates a semi-permanent dust cloud in neighborhoods) Reduction in Soil Erosion and dry earth compaction; and air pollution from high-speed ICE (internal combustion engines).

Gardening has become hyper mechanized. With some training we can reduce turbidity and soil compaction through the increase in use of hand tools such as rakes. The matter of worker health should be given signiﬁcant weight (fumes, ﬁres, repetitive stress injuries, noise).

My suggestion last go around with SIC was to begin a conversation with our residential gardening workforce by oiering them rakes in exchange for completing a short online class on how to use a leaf blower. Perhaps couple this with a reduced fee / amnesty for business licenses. I recall that SIC decided to oier $500 to residents who purchased leaf blowers. It would be worth reviewing the results of that program. I think that it opened the door on the conversation but didn’t sway many landscapers to convert. I learned that Palo Alto and Los Gatos have not paid them for ELB equipment despite ﬁlling out all the forms. There is a lack of trust.

355 of 405

9/2/25 2
We need to hear from the business managers of these small businesses. I encourage the city to create a working group with a half dozen representatives. I took it upon myself to talk with several landscapers about the new Stihl models. It takes a little more time on each job. The main complaint is weight. The battery life is borderline acceptable because they don’t need to run at full capacity and can rake more. For the worksheet I assumed two battery packs and two chargers. The electric equipment from a few years ago has had mechanical issues.

The lack of fumes and lower noise / vibration makes the job less stressful. We would have to consult with a landscaper and a Stihl dealer to get real-world numbers. I have assumed mow and blow (high volume quick service). “Artisanal” gardeners are not time driven and tend to make better use of rakes. MFH is diierent from SFH because of the large concrete spaces and consistent landscaping. There is an argument that raking takes longer than blowing – but blowing with electric should require the same amount of time as SORE.

I spoke with our landscaper. $4500-$5000 per truck is about right. Each truck has a two or three person crew (almost exclusively male). Compare this to a new gas powered (around $750), and realize their perspective on costs. If there were no increased costs ELB would be a no brainer. In Palo Alto, they raised their annual rate, but only about 20% of the houses are in areas with LB bans.

Below ﬁnd a structure for determining equipment costs, number of contractor crews for the city of San Mateo. They service about 50 houses a month per truck. This leads to the conclusion that cost is shouldn’t be a signiﬁcant impact. $25 / year per customer for four years. Business licenses run between $1000 and $3000 per city. Perhaps the city can reduce the business license fees to oiset new requirements for equipment.

356 of 405

9/2/25 3

357 of 405

9/2/25 4
Stihl gear found in the wild – San Mateo

358 of 405

From: Rick
To: Sustainability & Infrastructure Commission
Subject: leaf blower ordinance
Date: Monday, September 8, 2025 6:37:36 PM
S and I Commission,
Regarding the proposed leaf blower ordinance:

1. I would like a city-wide ban on the use of gas-powered leaf blowers, following the example of other cities in San Mateo County – with NO exemptions. Zoning is complex, ineffective, and not equitable.

2. Because the good health of the workers and our residents must be the highest priority, I would like the ordinance to become effective on January 1, 2026. I would like courtesy notices to be sent out immediately to property owners and businesses when violations are reported via citizen affidavits.

3. I would like the Code Enforcement department to have the discretion to levy fines against the responsible party. The property owner would be the primary responsible party. An employee who operates this equipment at the direction of business management would not be considered to be responsible.

4. I would like the city to adopt the draft ordinance language submitted by Quiet Clean San Mateo.
https://docs.google.com/document/d/1cPTFiLp8c6yFbYQLazPhuMysTvvvTuCy_v051izv9To/edit? usp=sharing

5. I do NOT support using City funds for a rebate program to buy electric blowers. The impending ordinance has been discussed for many years and the City has a deficit.

Rick Sakuda
San Mateo, CA

359 of 405

From: Dustin Chase
To: Sustainability & Infrastructure Commission
Cc:

Subject: Agenda Item 4 - Gas Leaf Blower Prohibition Feedback Date: Wednesday, September 10, 2025 9:22:06 AM

CITY OF SAN MATEO
Sustainability & Infrastructure Commission
September 10, 2025
7:00 PM
Public Comment
Sustainability & Infrastructure Commission Members,

Thank you for reviewing this critical public health and sustainability issue. Quiet Clean San Mateo would like to offer our support on the important questions the City Council has raised.

The primary driver for this change is public health. Countless people are suffering from gas-leaf blowers harms every day, especially the workers who use them. We need change urgently, without unnecessary delay.

The City Council has asked the Sustainability & Infrastructure Commission the following questions.

1. Does the Commission recommend applying leaf blower hours of operation to residential zoned and adjacent to residential zoned areas or expanding the leaf blower hours of operation to apply citywide?

2. Does the Commission recommend beginning enforcement of the ordinance 9 months, 12 months, or later after ordinance adoption?

3. 360 of 405

Does the Commission recommend that the ordinance include the option to enforce penalties against the property owners and/or any other responsible party who uses gas leaf blower or have hired, employed, or engaged the services of a person or business utilizing gas powered leaf blowers?
We will offer recommendations for each.

We support extending existing hours of operation to the entire city.

The revised ordinance language would be “No person shall use or operate a leaf blower before 8:00 a.m. or after 5:00 p.m. Monday through Friday, nor prior to 9:00 a.m. or after 5:00 p.m. on Saturdays,” with prohibition on Sundays and holidays. This keeps the rules simpler and easier for businesses to follow. It plans for the future needs of the city and respects people already living in denser areas, such as

downtown, who especially need quiet early in the morning. We understand there will be some challenges with new operating hours, but we would ask contractors to adapt to the community’s needs, not the other way around.

We support beginning enforcement in no more than 9 months. This is an urgent public health matter, so we disagree with the 9 month delay. However, we understand it. We recommend that, in the meantime, staff accepts complaints and sends courtesy notices. That

will afford plenty of advance notice and opportunities for targeted feedback.

In staff’s 2023 outreach on the issue, landscaping businesses identified battery life and equipment performance as the leading barriers to using electric equipment. In other words, landscapers need to break the old, bad habits they developed while using gas-powered leaf blowers. With gas, you could get away with revving the engine as you walked around the property, using full power at all times, even if that made a bigger mess than you started with, and using the blower everywhere, even if there was virtually no debris to remove.

361 of 405

With electric leaf blowers, you must use only the power you need, and use the blower only when it helps you. That will save battery life, reduce the number of batteries you need to buy, and make the transition much easier.

Our recommendation is the city’s outreach program emphasizes this practical advice. We also recommend explaining why the city has made this change. This is not something the community is doing to landscapers, but for them. They want to go home at the end of their workday not smelling so much like exhaust and with their ears buzzing, and the community is supporting that.

We support the option to cite the property owner. The owner

ordered the service and is responsible for what happens on their property. They have leverage to change their service requirements, reducing burden on the community and/or city staff. Holding the property owner responsible makes sense. We do not support citing the person holding the tool, unless they are the landscaping business owner.

Property owners can be shown why this change benefits them - surely they don’t want clouds of toxic fumes around their homes - and landscapers can be given the practical guidance noted earlier.

Regarding enforcement challenges, violations can be reported by San Mateo residents on the existing website
(https://www.cityofsanmateo.org/FormCenter/Reporting-a-Problem- 15/Report-a-Code-Violation-139). There is no need for code enforcement to witness gas leaf blower violations, and the citation process can be automated.

In our conversations with California cities, we found some places making enforcement very hard on themselves. The code enforcement officer was sometimes left with too many judgment calls to make, and they hesitated to be the “bad guy.” While understandable, that makes things harder on everyone. Once some party has been given a warning,

362 of 405

and some feedback on what to do differently, it is fair to move on to a fine.

In summary, we support simple rules and procedures. The grace period before the ordinance takes effect is a wonderful opportunity to explain why we have made this change, and give anyone who is struggling a boost. When the community works together, we all win.

Quiet Clean San Mateo

363 of 405

City of San Mateo Law Library / City of San Mateo Municipal Code / Title 10 PEACE, SAFETY AND MORALS / Chapter 10.80 OPERATION OF LEAF BLOWERS
Chapter 10.80 OPERATION OF LEAF BLOWERS

10.80.010 PURPOSE.

It has been found that leaf blowers cause considerable noise and air pollution and have been the source of numerous complaints by San Mateo citizens living in residential zoning districts. This chapter is intended to regulate the use of leaf blowers to minimize noise and air pollution in the City's residentially zoned neighborhoods and in areas bordering residentially zoned neighborhoods. (Ord. No. 1997-2 § 1.)

10.80.020 LEAF BLOWER—DEFINITION.

Leaf blowers are defined as portable equipment that is powered by a self-contained fuel engine and used in any landscape, maintenance, construction, property repair, or property maintenance for the purpose of blowing, dispersing or redistributing dust, dirt, leaves, grass, clippings, cuttings and trimmings from trees, shrubs or other debris.
(Ord. No. 1997-2 § 1.)

10.80.030 HOURS OF OPERATION.

No person shall use or operate a leaf blower in a residential zoning district or in areas bordering a residential zoning district before 8:00 a.m. or after 5:00 p.m. Monday through Friday, nor prior to 9:00 a.m. or after 5:00 p.m. on Saturdays. Use of leaf blowers on Sundays or on the following holidays is 9/26/25, 6:17 PM City of San Mateo Law Library
about:blank 1/3

364 of 405

prohibited: New Years Day, Martin Luther King, Jr. Birthday, Presidents' Day, Memorial Day, 4th of July, Labor Day, Veterans Day, Thanksgiving, Christmas.
(Ord. No. 1998-6 § 1; Ord. No. 1997-2 § 1.)

10.80.040 LIMITATIONS ON USE.

Any person who uses or operates a leaf blower in a residential zoning district or in areas bordering a residential zoning district shall use a blower nozzle extension and shall run the blower at a low speed to minimize noise. No more than one blower shall be operated at a residence at any time. (Ord. No. 1997-2 § 1.)

10.80.050 REMOVAL OF DEBRIS.

No material or matter blown by leaf blowers shall be blown upon neighboring properties or onto any portion of the public right-of-way, including but not limited to sidewalks and streets, without being immediately removed.
(Ord. No. 1997-2 § 1.)

10.80.060 VIOLATIONS.

It is unlawful for any person or entity to violate the provisions of this chapter. (Ord. No. 1997-2 § 1.)
9/26/25, 6:17 PM City of San Mateo Law Library
about:blank 2/3

365 of 405

10.80.070 CONSTRUCTION.

No section of this chapter shall impose a mandatory duty on the City, or on any officer, official, agent, employee, board, council, or commission of the City. Instead, if any section purports to impose a mandatory duty of enforcement, that section shall be deemed to invest the City, and the appropriate officer, official, agent, employee, board, council, or commission with discretion to enforce the section or not to enforce it.
(Ord. No. 1997-2 § 1.)
9/26/25, 6:17 PM City of San Mateo Law Library
about:blank 3/3

366 of 405

City of San Mateo
City Council Meeting

POST PACKET

PUBLIC COMMENT

367 of 405

368 of 405

369 of 405

Catherine Kherian

370 of 405

371 of 405

372 of 405

373 of 405

374 of 405

375 of 405

376 of 405

377 of 405

378 of 405

379 of 405

380 of 405

381 of 405

rethinking
garden “clean-up” as it considers its communication on the gas leaf blower ban.

Park Gardeners Trial Alternative Methods for Managing Leaf Fall Since Parks serve many needs and purposes, there might need to be different strategies for different parts of the park. NYC Parks Dept says, “How our horticultural staff manages leaves depends a lot on location. In natural areas, leaves can be mostly left in place to enrich soil and control erosion. On lawns, leaves can be mulched in place with a mulching mower, making it easier for the lawn’s soil microbes to break down the leaves and recycle the organic matter. And in gardens, Parks gardeners carefully assess the conditions of each space, including the other plants and trees that are nearby, to make sure there is just the right amount of leaf litter to provide benefits like weed suppression, but not so many leaves that they smother the garden’s plants.”
Thank you so much for thinking about these things!
Best, Kristie
https://apnews.com/article/leave-leaves-gardening-fall-cleanup-7e007754b7a579347bf6bedcfed4ba1e https://xerces.org/blog/leave-the-leaves
https://www.fortworthtexas.gov/news/2022/11/stormwater-leaves https://www.bostonglobe.com/2021/11/18/metro/clear-storm-drains-leave-leaves-your-yard/ https://wildseedproject.net/2020/12/leave-the-leaves/
https://www.nycgovparks.org/learn/trees-and-plants/leave-the-leaves-why-our-parks-gardeners-may- leave-fallen-autumn-leaves-on-the-ground

382 of 405

383 of 405

City of San Mateo
Gas Leaf Blower Ordinance Study Session
October 6, 2025
Ordinance Language
Include language and dates for banning other gas-powered tools Offer the submitted model ordinance to other San Mateo County cities Enforcement and Outreach
Maximize voluntary compliance, try to keep this off code enforcement’s desk.

Offer recognition to HOAs or neighborhoods that adopt electric or no leaf blowing (see San Carlos Let the Leaves Lie pledge)
Remind property owners that they are the boss. They decide not only what work is done on their property, but also how it is done.

Leverage SMUHA. It could ask HOAs to stop using gas leaf blowers in their common areas now, include this issue in its newsletters, make an announcement at meetings, etc.

Use the grace period to accept complaints and issue courtesy reminders.

Reduce friction for property owners adopting electric or no leaf blowing Show property owners how leaf blowing is not in a property owner’s interest (strips and desiccates soil, etc. See https://gardzenonline.com/blogs/gardzen/ leaf-blowers-damage-soil-so-do-this-instead.

Suggest alternatives such as using leaf blower only on hard surfaces, leaving leaves around bushes, mulching, etc both serve plant health and make the electric transition easier and it costs nothing.

Offer directory of electric or no leaf blowing services and/or list of San Mateo businesses that used the electric leaf blower rebate program Suggest ways property owners can ease the transition - allow battery charging while their landscaper works, paying in advance, buying their own electric leaf blower for landscaper to use, etc.

384 of 405

Enforcement
Keep it Simple
One set of rules for everyone, no exemptions
Hours of operation - commercial areas. Hours of operation should apply citywide.

The SIC argues that allowing early morning leaf blower operation is a safety concern for workers and if you live downtown, you’re accepting it will be noisy. The ﬁrst point is speculative, the second is nonsense. Living downtown does not mean accepting unlimited noise at any hour.

Enforcement with ﬁnes to start July 1, 2026. Issue courtesy notices to both businesses and property owners immediately on approval of the ordinance.

Responsible party - property owners. SIC recommended the option to cite property owners. Quiet Clean San Mateo recommends property owner held responsible ﬁrst because they control how the work is done. Keep things simple and clear! Property owner primary responsible party, business secondary, with only one party cited.

Identifying a landscaping business can be tricky, since some do not display their business name. Property owners are already held responsible for what happens on their property in San Mateo municipal code. See, for example, 7.16.040 PROPERTY NUISANCES (j) Clothes hanging in any visible portion of a front yard. & (k) Waste containers stored within public view or placed for collection along a street, roadway, or alley outside of the time limitations…If we hold property owners responsible for those things, surely we can hold them responsible for their contractor using hazardous tools on their property. We would not allow a property owner to blame a housekeeper for leaving clothes or trash bins out. We would likewise not allow them to avoid responsibility for a contractor they hired operating hazardous, prohibited equipment on their property.

Questions
These are our questions to the city council and city staff.

How exactly will Code Enforcement handle complaints?
Requiring CE to witness violations would be very problematic.

We don’t want multiple complaints about the same property landing on enforcement’s desk with no clear way to resolve the issue. Neither do we want the one or two rare cases of someone blatantly violating the ordinance and ignoring complaints to ruin things for everyone else. No one will be happy, and we will not reach our goal.

Citizen afﬁdavits work. Can look at/discuss evidence standards and so forth.

385 of 405

May we ask code enforcement what works for them?
What are, say, three things we could do to make their workﬂow function better/more efﬁciently? Some ideas: Can we deprioritize nuisance complaints to better focus on public safety matters, such as leaf blower violations? Could we switch other complaints to citizen afﬁdavits, so code enforcement does not have to travel as much? Can we use a City of San Mateo phone app for reporting violations or otherwise automate receiving and resolving complaints?
How can we send a positive message to property owners be about this ordinance? Make switching to either no leaf blowing or electric leaf blowing something they want to do?
What is the oversight on contractors doing maintenance work? Is the work necessary? Are they using leaf blowers when better tools exist? What other leaf blowing can we eliminate from city operations? What will happen if a business found violating the ordinance does not have a San Mateo business license?
Should we modify the Construction chapter of the municipal code to specify that landscaping services are NOT exempt from the noise ordinance? This chapter is very broadly written and difﬁcult to interpret. Clarifying the Construction chapter could help leaf blower enforcement.

What are some other organizations we could reach out to help the City spread the word and help people making the switch to electric?

386 of 405

Carl Weinberg, District 20 of Stamford Board of Representatives, published his leaf blower ordinance research on Reddit (https://www.reddit.com/r/StamfordCT/comments/ 1n9zrby/leaf blower ordinances in other cities what is/ ) LEAF BLOWER ORDINANCES IN OTHER CITIES: WHAT IS THE TRACK RECORD? Hi it’s Carl Weinberg from District 20 on the Stamford Board of Representatives. I’ve been reading forecasts about what will happen if the BoR passes the proposed restrictions on gasoline-powered leaf blowers. But since well over 100 municipalities have already implemented similar legislation – for example, Washington DC; Montgomery County MD; Evanston IL; Palo Alto CA; White Plains NY; Larchmont NY; Cambridge MA; Montclair NJ; Maplewood NJ; etc. – we don’t have to guess what will happen. We can ﬁnd out from them.

As part of the research I conducted as a sponsor of this ordinance, I interviewed mayors and city ofﬁcials whose cities and towns have implemented similar ordinances. Every mayor and city ofﬁcial I interviewed praised their local ordinance for reducing air and noise pollution and improving quality of life, while having minimal long-term impact on the landscaping industry and on ﬁre safety.

Here are some of their comments, based on real-life experiences instead of dystopian fantasies.
• “Our ban became year-round on January 1, 2023; people are happy without the gas blowers. The only time we hear from residents is if they are reporting someone breaking the law.”
• “People can now take a walk, sit on their porches and not be bombarded by the noise.

Pollinators are loving it because we’re seeing more bees, butterﬂies and even birds coming back. Because they can’t use gas blowers for fall cleanup, they are mulching more leaves into the lawn instead of blowing off the lawn ﬁrst resulting in healthier lawns and less tonnage for the township to pick up at the curb.”

• “People have become more aware that these machines pose a health risk to our citizens, as well as the environment. There has been a public education component to this ban. We’ve made ﬂyers in English, Spanish and Haitian Creole and have passed them around the community. We are also working with our community to let them know that they are the "boss" of their landscaper so that customers feel as though they can direct their landscapers as to how to care for their property.”

• “Reactions have been mostly positive. We received an uptick in noise/pollution complaints about gas powered blowers during initial implementation, but that has subsided.”

387 of 405

• “Most landscapers have no real issue - except charging of batteries. Our town has large parcels so it takes multiple batteries for the work. They have to charge at each home they visit. For example, we have two private schools and a private college in Town; as well as a Horse Club. All have large expanses of ﬁelds and grounds. There were some initial concerns about the requirements to switch to electric leaf blowers for such facilities. However, the concerns expressed did not materialize after adoption and all are in compliance without signiﬁcant issue.”
• “Reaction from residents has been nearly 100% positive. We have received at most a handful of complaints. We received a lot of pushback at ﬁrst from landscapers, but we now have pretty high compliance with the law. Our residents are extremely happy with the ban and appreciate the quiet! Other than the initial pushback from landscapers, there have not been any negatives.”

I’ve always believed in learning from the experiences of others who have been in similar situations. In developing this ordinance, we learned from the more than one hundred municipalities that have implemented similar restrictions on the use of gasoline-powered leaf blowers. In my view, that’s the smart way to make decisions that are in the best interest of Stamford’s residents and businesses.

388 of 405

389 of 405

To: City Council (San Mateo) <[email protected]>; City Mgr <[email protected]>
Subject: Gas power leafblower relentless noise today

Hi there,
I am asking for you all to support as much as possible the elimination of daily noise pollution in our otherwise peaceful neighborhoods by gas powered leaf blowers and any related equipment. These items are also bad for the environment and the workers and residents around them.

I was trying hard to concentrate on work at home today and a yard close by had a leafblower going for a long time (and loud). Since we know and get along well with our neighbors I thought I should investigate some. The neighbor did not answer and I believe was not home. The gardener had on headphones and I could not get his attention from outside fence for an additional 20 minutes while he slowly blew just one small section of yard. (Our lots are standard size.) When I was able to get his attention we had discussion and he said this was his allotted time. I mentioned that some of the other neighbors have gardeners who are much quicker with any loud machines. After we spoke, sure enough. he apparently was done for the day blowing that particular yard. I think some of the gardeners know how annoying these machines are to many and also it is their gardening business (company) so they have incentives to be quick. Others, I suspect, like the young one I just spoke with, are employed by others and have incentive to take longer blowing leaves over the same areas for long periods of time so they can justify their employment hours (?). Regardless, I look forward to when these disturbing and polluting machines are all banned.

Thank you for your consideration and efforts,
Nancy Gogan

390 of 405

City of San Mateo
City Council Meeting

POST PACKET

PUBLIC COMMENT

391 of 405

392 of 405

From: Mark Miller
To: Clerk
Subject: Fwd: Advocating for action on a gas leaf blower ban Date: Tuesday, October 7, 2025 3:10:54 PM
Forgot to reply-all. ‍♂
---------- Forwarded message ---------
From: Mark Miller < >
Date: Tue, Oct 7, 2025 at 3:09
PM
Subject: Re: Advocating for action on a gas leaf blower ban To: <[email protected]
>, <[email protected]>, Lisa Diaz Nash
<[email protected]>, <[email protected]>, <[email protected]>
Another thought came to mind about

adding operational hours to Sunday. I'm not sure where
the request for Sunday is coming from and haven't heard anyone say that they want this. I'm concerned that if San Mateo is the only municipality to offer Sunday blowing, all of the operators will descend on San Mateo on Sunday and disturb the quiet, peaceful environment during one of two days when most residents are enjoying time at home. Meanwhile, there could be no usage during Monday - Friday when many residents are out of the house and the noise will be not as concerning.

On Tue, Oct 7, 2025 at 2:22 PM Mark Miller < > wrote:

Dear Mayor Newsom, San Mateo City Council and San Mateo City Clerk , Thank you for taking the time to review my letter regarding the consideration of a gas leaf blower ban for the City of San Mateo. I appreciate your ongoing commitment to protecting both the health and well-being of our residents and our environment.

I understand that there are a variety of factors to consider when implementing a new policy, especially regarding the operational hours for electric leaf blowers in residential areas.

However, after careful thought, I would like to address one specific concern that has been raised regarding expanding the operational hours to include Sundays which was discussed at the City Council Regular Meeting on Monday, October 6, 2025.

I strongly believe that adding Sunday to the operational hours would create an unnecessary disturbance to the quiet, peaceful environment that is so vital for the well-being of San Mateo’s residents. Sundays, in particular, serve as an important day for relaxation, reflection, and family time. It is a day when many of us are home and deserve the opportunity to enjoy a quieter, more serene environment.

Even the noise generated by electric powered leaf blowers can be disruptive and detrimental to the quality of life for residents, many of whom work long hours during the week.

Limiting their use to Monday - Saturday would strike a better balance -- allowing the necessary yard work to be done while also respecting the need for a peaceful environment.

I respectfully urge the Council to maintain the current proposal, which restricts leaf blower use to Monday - Saturday for residential areas, and to avoid expanding the operational hours to include Sundays. This compromise would achieve the desired environmental

393 of 405

benefits, while also protecting the tranquility that so many of us cherish.

Once again, thank you for your leadership in protecting our environment and the health of our community. I trust that the City Council will continue to consider both the environmental impact and the quality of life for San Mateo residents as you move forward with this important decision.

I appreciate your attention and your consideration of this request. -- Mark Miller
On Mon, Apr 7, 2025 at 8:30 PM Mark Miller < > wrote:

Dear Mayor Newsom and the San Mateo City Council,
Good day.

I am a resident of District 5.

I am asking the City Council to reconsider a gas leaf blower ban for the City of San Mateo, now that the City of Burlingame has instituted its own ban effective July 1, 2024.

As we are all aware California law AB 1346 has gone into effect, however online retailers continue to sell gas powered leaf blowers and restock their shelves given little oversight related to enforcement, which means that this law will take several long years to have any measurable impact on the use of these poorly regulated machines that generate a deafening whine of noise that feels inescapable and pollute the atmosphere with high levels of carbon dioxide.

One of the main issues that have prevented municipalities such as San Mateo to institute a ban on gas powered leaf blowers is that landscapers are resistant to change and will have a hard time making the switch to battery operated machines. In order to make the switch, landscapers will need to be pushed into making the change as this group is resistant to change until told to do so apparently.

I am asking the City Council to please have the courage and leadership needed to institute a ban on gas powered leaf blowers to protect the environment for ourselves and more importantly for future generations. Please consider what the City of Burlingame has instituted and the strong message that this says to their residents and businesses, that we care about both your health and the health of our environment with a strong ban on gas powered leaf blowers that goes into effect in a short time table as well as restricting the use of leaf blowers for use by certain areas one day per week and only on weekdays thereby giving back weekends to residents to enjoy without having to endure the noise of these machines.

I appreciate your attention and your consideration of this request. -- Mark Miller
https://www.burlingame.org/573/Leaf-Blowers
https://www.hillsborough.net/618/Leaf-Blowers-in-Hillsborough

394 of 405

https://www.losaltosca.gov/development-services/page/gas-powered-leaf-blowers- prohibited
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB1346 --
Sent from my mobile internet communicator
--
Sent from my mobile internet communicator
--
Sent from my mobile internet communicator
--
Sent from my mobile internet communicator

395 of 405

Leaf Blower
Regulations
Andrea Chow
Sustainability Analyst, City Manager’s Office
1 396 of 405

Recommendation
• Provide direction on how to update the leaf blower ordinance to prohibit the use of gas leaf blowers.
2 397 of 405

Background
• Other cities have implemented bans
• Burlingame, Hillsborough, Menlo Park, Palo Alto
• Previous San Mateo City Council discussion
• Focus on engagement, rebate program, and City Operations • City Council Priority for FY 2025-26
• Develop and implement an ordinance to prohibit the use of gas leaf blowers within the City of San Mateo.
3 398 of 405

State and City Regulations
• State Regulations
• New equipment Model Years 2024 and later must be electric • City Regulations – Chapter 10.80 “Operation of Leaf Blowers” • Hours of Operation
• Monday through Friday 8:00 am – 5:00 pm
• Saturday 9:00 – 5:00 pm
• Applicable to residential zoning districts and areas bordering residentially zoned neighborhoods
4 399 of 405

City Rebate and Operations
• City Rebates: $100 for residents, $500 for businesses • Total average rebates distributed $3,276 per year
• Engagement and outreach
• Mailers, flyers, emails, social media
• City operations
• PCE Member Agency grant funded electric equipment
• City fully transitioned to electric equipment in September 2025 5 Average Number of Rebates Average Rebate Amount
Residential 19 $79.52
Business 4 $399.94

400 of 405

HOURS OF OPERATION
• Monday through Friday 8:00 am – 5:00 pm and Saturday
9:00 – 5:00 pm
• Applies in residential zoning districts and areas bordering residentially zoned neighborhoods
Should hours of operation be expanded citywide?
6 401 of 405

ENFORCEMENT PHASING
• Enforcement challenges
• Delayed enforcement date from ordinance adoption
• Burlingame began enforcement 9 months after ordinance adoption • Menlo Park began enforcement 12 months after ordinance adoption 7 402 of 405

ASSIGNMENT OF PENALTIES
• SMMC 1.10 Administrative Citations
• Citations begin at $100 and escalate to $200 and $500 per occurrence
• Enforcement of penalties against the owners of the property, or any other responsible party who uses gas leaf blowers or have hired, employed, or engaged the services of a person or business utilizing gas leaf blowers
8 403 of 405

Recommendation
• Provide direction on how to update the leaf blower ordinance to prohibit the use of gas leaf blowers.
9 404 of 405

City Council direction needed:

1. Hours of Operation: Should the ordinance apply electric leaf blower hours of operation to residential zoned and adjacent to residential zoned areas only or expand the electric leaf blower hours of operation to apply citywide?

2. Enforcement Phasing: Should enforcement of the ordinance begin 9 months, 12 months, or at a different time after ordinance adoption?

3. Assignment of penalties: Should the ordinance include the option to enforce penalties against the property owners and/or any other responsible party who uses gas leaf blower or have hired, employed, or engaged the services of a person or business utilizing gas leaf blowers?

4. Does the City Council have other recommendations for the ordinance prohibiting gas leaf blower use?
10 405 of 405

San Mateo City CouncilOctober 6, 2025

San Mateo City Council
October 6, 2025