HomeMy WebLinkAboutOrdinance 1646 (Animal Control Regulations)CLERK'S CERTIFICATE
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, and Ex -officio Clerk of the
Council of said City, do hereby certify that the foregoing Charter Ordinance No. 1646
entitled:
"AN ORDINANCE OF THE CITY OF SAN RAFAEL ADOPTING BY REFERENCE THE ANIMAL
CONTROL REGULATIONS CONTAINED IN TITLE 8 OF THE MARIN COUNTY CODE (RE: COUNTY
ORDINANCE NUMBER 3138)"
is a true and correct copy of an ordinance of said City and was introduced at a REGULAR
meeting of the City Council of the City of San Rafael, held on the 21st day of
JUNE , 1993, published as required by City Charter in the MARIN INDEPENDENT JOURNAL , a
newspaper published in the City of San Rafael and passed and adopted as an ordinance of
said City at a REGULAR meeting of the City Council of said City held on the 6th
day of JULY , 1993, by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Cohen, Thayer & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Shippey
WITNESS my hand and the official seal
of the City of San Rafael this
13th day of JULY . 1993.
JEA .. LEONCINI, City Clerk
ORDINANCE NO. 1646
AN ORDINANCE OF THE CITY OF SAN
RAFAEL ADOPTING BY REFERENCE THE
ANIMAL CONTROL REGULATIONS CONTAINED
IN TITLE 8 OF THE MARIN COUNTY CODE
(RE: COUNTY ORDINANCE NUMBER 3138)
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS:
DIVISION 1. Title 6 of the San Rafael Municipal Code is
hereby amended by amending Section 6.10.010 to read in its entirety
as follows:
Section 6.10.010. Adoption of County Code. Pursuant to
Section 50022.9 of the Government Code, the Marin County animal
control regulations set forth in Marin County Code Ordinance 3138,
and specifically contained in Marin County Code Sections as
Chapters 8.04.100, 8.04.130, 8.04.179, 8.04.180, 8.04.181 and
8.04.195, including all current amendments thereto, are adopted by
reference, and shall be in full force and effect within the City of
San Rafael. Marin County Code Sections 8.04.182 and 8.04.183 are
repealed.
DIVISION 2. If any section, subsection, sentence, clause,
or phrase of this Ordinance is for any reason held to be invalid,
such decision shall not affect the validity of the remaining
portions of this Ordinance. The Council hereby declares that it
would have adopted the Ordinance and each section, subsection,
sentence, clause, or phrase thereof, irrespective of the fact that
any one or more section, subsection, sentence, clause or phrase be
declared invalid.
DIVISION 3. This Ordinance shall be published once in full
before its final passage in a newspaper of general circulation,
published, and circulated in the City of San Rafael, and shall be
in full force and effect thirty (30) days after its final passage.
?'AILBERT� "BRO, Mayor
ATTEST:
A
JE . LEONCINI, City Clerk
-ell�'�
_fl
The foregoing Charter Ordinance No. 1646 was read and
introduced at a Regular Meeting of the City Council of the City of
San Rafael held on the 21st day of June, 1993, and ordered passed
to print by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
and will come up for adoption as an Ordinance of the City of San
Rafael at a Regular Meeting of the Council to be held on the
6th day of July , 1993.
JE ESM. LEONCINY, City Clerk
6
CITY �.
OF - -_
SAN RAFAEL
P.O. BOX 151560, SAN RAFAEL, CA 94915-1560/PHONE: (415) 485-3065
AGENDA ITEM NO.:..........................8.
MEETING DATE:..9.3
..............
REPORT TO MAYOR AND CITY COUNCIL
SUBJECT: AN ORDINANCE OF THE CITY OF SAN RAFAEL ADOPTING BY
REFERENCE THE ANIMAL CONTROL REGULATIONS CONTAINED IN
TITLE 8 OF THE MARIN COUNTY CODE (RE: COUNTY ORDINANCE
NU ER 3138)
SUBMITTED BY:.... ... ...... .... ................. APPROVED BY:...............
PAMPLA J. NICOLAT, Citv Manager City Manager
DATE: June 16, 1993
In 1991 the County of Marin and the majority of the cities adopted
an animal control ordinance that attempted to address the issue of
dangerous and potentially dangerous animals. Since that time, the
ordinance has been the subject of considerable debate, both among
animal rights and animal control activists who have challenged the
validity of the ordinance's application to situations involving
dogs that have attacked and injured individuals. As a result of
those challenges, the County of Marin took a position that unless
a city was willing to indemnify the County and the hearing officers
who were charged with the responsibility for deciding the fate of
vicious animals, no dangerous or potentially dangerous animal
hearings involving incidents that might have taken place within
those city's limits would be processed.
In response to the untenable situation that has existed for the
past year, the City Managers and the County Administrator have
developed an ordinance that simplifies dangerous animal hearings by
imposing a two-step process with an initial determination being
made by a hearing officer (Ordinance Section 8.04. 181 [ f ] [ 4 ] ) with
the right of appeal by a dissatisfied animal owner to the municipal
court (Ordinance Section 8.04.181 [f] [12]). If an animal owner
pursues an appeal in accordance with the provisions of the
California Food and Agricultural Code, the determination by the
municipal court shall be considered final. This process is felt to
be the most efficient manner in which to resolve dangerous animal
problems and removes the threat of litigation against the County
and cities from the hearing process.
The new ordinance also transfers the responsibility for abatement
of animal noise complaints from the Humane Society to the local law
enforcement entity. This shift was recommended to reduce the cost
of animal control through the Humane Society. The handling of such
complaints will be done as with any other calls - on a priority
basis.
rile No . -----... - / . _.S %�. L.�— 3
Coin;•: ; ;,1::F;
:isoosition -- �-
V
REPORT TO MAYOR AND CITY COUNCIL / PAGE: 2
The only other major issue worth noting is the creation of an
Advisory Animal Control Commission by resolution. The purpose of
the commission is to provide a conduit for information to flow from
public to the county and cities' elected officials and to evaluate
the adequacy and economics of animal control services provided by
the Marin Humane Society. The commission will sunset in two years
unless a compelling argument can be made for extending its
existence.
The cost of participating in the 1993-94 animal control program
will again increase as we reach the final year of building up with
agreed upon cost sharing formula. A new agreement regarding the
manner in which costs are allocated among cities has been approved
by the city managers. Under the terms of the new agreement, each
agency's costs will be determined by a formula based solely on
service calls and population, a basis upon which all agreed was the
most equitable. In past years, assessed valuation was also used to
arrive at the apportionments which unfairly impacted some
communities.
attachments
w No
CITY ,.
OF w job=
SAN RAFAEL
P.O. BOX 151560, SAN RAFAEL. CA 94915-1560/PHONE: (415) 465-3065
REPORT TO MAYOR
AGENDA ITEM NO.:....
MEETING DATE: ....... ...... 6..—.2.1.7.9-3
AND CITY COUNCIL
SUBJECT: AN ORDINANCE OF THE CITY OF SAN RAFAEL ADOPTING BY REFERENCE
THE ANIMAL CONTROL REGULATIONS CONTAINED IN TITLE 8 OF THE
MARIN COUNTY CODE (RE: COUNTY ORDINANCE NUMBER 3138)
SUBMITTED BY:........ �—--547-M ..._...................._......... APPROVED BY: .._.........................
........Cy'.
'.•._.._._ ............................... _..........
VID B. WALKER, Asst. City Attorney city Manager
DATE: June 3, 1993
RECOMMENDATION:
Pass ordinance to print amending Chapter 6.10 of the San
Rafael Municipal Code and adopting by reference the animal
control regulations contained in Title 8 of the Marin County
Code (RE: COUNTY ORDINANCE NO. 3138).
BACKGROUND:
On April 20, 1993, the Marin County Board of Supervisors has
adopted revisions/ amendments to the animal control regulations
contained in Title 8 of the Marin County Code, specifically
sections 8.04.100, 8.04.130, 8.04.179, 8.04.180, 8.04.181.
8.04.195 and repealing sections 8.04.182 and 8.04.183.
Pursuant to the Joint Powers Agreement between the City of San
Rafael and the County of Marin,• the City must adopt all
amendments to the County's Animal Control Ordinance. Attached
hereto as Exhibit "A" is correspondence from the County
Administrator's Office, County Resolution Nos. 93-85 and 93-
084 together with Marin County Ordinance No. 3138 which
contains all of the current revisions/amendments to the
County's Animal Control Ordinance.
Attachment - Exhibit "A"
Attachment A
Doe License Exceptions (Section 8.04. 1001
This amendment would exempt service dogs utilized by the handicapped from a
license fee.
Disposition of Animals by Poundkeeper (Section 8.04.1301
This section is amended to require that dogs or cats which are adopted from the
animal shelter be sterilized within a specified time period. It also deletes the provision
allowing sale of pound animals (in non -adoptive situations).
Animal Noise Abatement (Section 8.04.1791
Modeled on ordinances used successfully in other Bay Area Counties, this section
would transition the responsibility for responding to animal noise complaints from the
Humane Society to local law enforcement. A protocol for enforcement has been
developed to reduce the workload impact on law enforcement and strengthen abatement
procedures in genuine nuisance situations. Violations would be handled through citation
and impoundments rather than via misdemeanor prosecutions.
Potentiallv Daneerous and Vicious Doe Hearines (Section 8.04.181)
This section has been drafted in response to the controversy and litigation
surrounding the current dangerous animal ordinance. The proposed procedures, taken
primarily from the state's "Torres" law, utilize a two-step process with a hearing officer at
the initial level, and a final appeal to municipal court. Recommendations from the 1991
Dangerous Animal Ordinance Committee regarding improved hearing procedures are
incorporated. Mediation is offered as an option in potentially dangerous cases.
Animal Cruelty/Nee_ lect Procedures (Resolution Adoptine Section 597.1 of
Penal Code )
This resolution requires owners of animals impounded for cruelty or neglect to
reimburse Animal Services for the costs incurred in caring for the animals. It also
requires hearings to be conducted for animals which are impounded.
Advisory Animal Control Commission (Resolution)
This resolution establishes a seven -person advisory commission to hear public
concerns and suggestions regarding animal control and to evaluate existing law and provide
recommendations to the County and Cities. Three commission members would be
appointed by the Board of Supervisors, three members by the Marin County Council of
1 �
THOMAS R CAMPANELLA
COUNTY OF MARIN ADMINISTRATOR
:++ MARTINJ. NICHOLS
OFFICE OF THE ADMINISTRATOR ASSISTANT ADMINISTRATOR
April 29, 1993
Ms. Pam Nicolai, City Manager
City of San Rafael
P. O. Box 60
San Rafael, CA 94915-0060
RE: Adoption of Animal Control Ordinance Changes and Resolutions
Dear Ms. Nicolai:
The omnibus package of code revisions and resolutions jointly developed by the Marin County
City Managers' Association, Marin County Administrator and Marin Humane Society was adopted
by the Board of Supervisors on April 20, 1993. Together with corresponding changes in our
contract with the Humane Society, this package would lower animal control costs countywide by
approximately $175,000 in 1993-94. A breakdown of the savings by jurisdiction is attached.
The package reorganizes animal noise complaint procedures, raises certain fees, simplifies and
removes the threat of litigation from the dangerous animal hearing process, improves procedures in
animal cruelty cases and makes adjustments in licensing and spay/neuter requirements. In
addition, the package establishes a countywide animal control advisory committee to examine
budget, service levels, and other issues. Attachment A describes each part of the package.
In order to achieve a smooth implementation of these changes effective July 1, 1993, approval by
your Council by Tune 18. 1993 is requested. Please forward an executed copy of your ordinance
to my attention.
Very truly you
JEFF JOHNSON
Principal Administrative Analyst
Enclosures
EXHIBIT A
ROOM 331, CIVIC CENTER, SAN RAFAEL, CALIFORNIA 94903 (415) 499-6358, TELECOPY (415) 499-3645
Mayors and Council mss, and one member by and from the Humane Society Board of
Directors. The commissim. va-would have a two-year, renewable term.
A: Estimate of total saw in-_ -zrom Humane Society assumption of dead animal pickup on public
property for all jurisdictiou: -who cc -=eptly pay a vendor for this activity) and similar service
to property owners for a ice_ Contin=ent upon adoption of 8.04.181 and 8.04.195.
B: Contract reduction a m ==umane Society. Contingent upon adoption of 8.04.179 and staffing
reduction on weekends.
C: Estimate by Humane S:. _ety o: cos: reductions in animal cruelty cases. Contingent upon
adoption of Penal Code - 59-.:.
,;:-- --- ate of Savings for Each Jurisdiction
Jurisdiction
ConuRunon
%
Cost Reductions
to C=Mcact
A
B
C
Total
BelvedereS1=?�54
0.91%
$817
$677
$91
$1,585
Corte Madera
4:_?�585
3.13%
2,818
2,336
313
5,467
Fairfax
` X08
_.(,,4%
-2,379
1,971
264
4,614
Larkspur
__=33
3.68%
3,311
2,744
368
6,423
Mill Valley
._=538
5.96%
5,365
4,447
596
10,408
Novato
,=" -.35
:-_ ;0 K
15,663
12,982
1,740
30,385
Ross
:_=_10
0.86%
773
640
86
1,499
San Anselmo
{__-----=-24
4.2.2 %
3,800
3,149
422
7,371
San Rafael
=I:.=_S086
17.67%
15,900
13,179
1,767
30,846
Sausalito
-_ -_ 39
3.: 5 %
2,925
2,425
325
5,675
Tiburon=_
: 51
3.217%
2,947
2,442
327
5,716
County
si _ : -: ^9
3-.00%
33.303
27.604
3.700
64.607
Total
S1.3= -=.''
1CID. 00<<
$90,000
$74,597
$10,000
$174,597
A: Estimate of total saw in-_ -zrom Humane Society assumption of dead animal pickup on public
property for all jurisdictiou: -who cc -=eptly pay a vendor for this activity) and similar service
to property owners for a ice_ Contin=ent upon adoption of 8.04.181 and 8.04.195.
B: Contract reduction a m ==umane Society. Contingent upon adoption of 8.04.179 and staffing
reduction on weekends.
C: Estimate by Humane S:. _ety o: cos: reductions in animal cruelty cases. Contingent upon
adoption of Penal Code - 59-.:.
ORDINANCE NO. 3138
AN ORDINANCE OF THE BOARD OF SUPERVISORS OF
THE COUNTY OF KARIN AMENDING SECTIONS -
8.04.100, 8.04.130, 8.04.179, 8.04.1801
8.04.181, 8.04.195 AND REPEALING SECTIONS.
8.04.182 AND 8.04.183 OF THE KARIN COUNTY
CODE PERTAINING TO AN
The Board of Supervisors of the County of Marin does
hereby ordain as follows:
SECTION I. Section 8.04.100 of the Marin County Code
is hereby amended to read as follows:
8.04.100: Exceptions. Any dog bred or raised to be
a guide or service dog which meets the criteria established by
the poundkeeper for such dogs, or which is owned and used by a
blind person as a guide dog or which is owned and used by a
disabled person as a service dog is exempt from the license fee
while being so raised or while being so owned and used, but is
not exempt from being licensed or from any required vaccination.
The provisions of Section 8.04.030 shall not apply to any dog
owned by or in the care of a nonresident of the county who is
traveling through the county or temporarily sojourning therein
for a period not exceeding thirty days. For purposes of this
section a "service dog" is a dog trained or bred to assist
disabled persons.
SECTION II. Section 8.04.130 of the Marin County Code
is hereby amended to read as follows:
8.04.130: Disposition of animals by voundkeever.
Except where otherwise provided in this chapter, the poundkeeper
shall keep any dog or animal impounded for violation of the
provisions of this chapter or turned over to him for disposal
for the period of time hereinafter specified and shall dispose
of the same in accordance with the following provisions:
(a) Unlicensed Dogs. Unless an unlicensed dog has
been redeemed within ninety-six hours after being impounded,
Mondays and holidays excepted, the poundkeeper shall either
place the dog in a bona fide home or destroy it in a humane
manner. The recipient of a dog placed in a bona fide home shall
1
not be given possession of any such dog until he has secured a
license for the dog.
(b) Licensed Dogs. Unless a licensed dog has been
redeemed within seven days after impoundment, Mondays and
holidays excepted, such dog may be disposed of in the same
manner as an unlicensed dog. The poundkeeper shall notify the
registered owner of the dog by mail at the address shown in the
licensing records of the county, the notice to be given within
twenty-four hours of impoundment.
(c) Stray Cats. Unless a stray cat has been redeemed
within ninety-six hours after being impounded, Mondays and
holidays excepted, the poundkeeper shall either place the cat in
a bona fide home or destroy it in a humane manner.
(d) Sterilization of Animals Released for Adoption.
No dog or cat shall be released for adoption without being
sterilized or without obtaining a deposit on sterilization. All
adopted dogs and cats shall be sterilized by the age of six
months if female, seven months if male. It shall constitute a
misdemeanor to fail to sterilize any dog or cat adopted from the
county animal shelter within the period specified by this
subsection and the unsterilized animal shall be impounded.
(e) Other Animals. The poundkeeper shall keep any
other impounded animal for a period of at least seven days. At
any time after the expiration of such period the poundkeeper
may, unless the animal is redeemed or unless a bona fide home
has been obtained for the animal, destroy it in a humane manner.
SECTION III. Section 8.04.179 of the Marin County
Code is hereby amended to read as follows:
8.04.179: Prohibition of habitual barking or velDinq
which disturbs the veace. (a) It shall be unlawful to suffer or
permit any dog, cat, fowl or other animal to habitually bark,
yelp, howl, or create noise in such a manner as to continuously
disturb the peace of any two persons living in different
households within 300 feet of the location of the disturbance,
or of one person when there is only one residence within 500
feet of the disturbance.
2
� Ajay. �•" �' s�' ��j��('�<�• .t.. _ t i .' • � , � ,�S
(b) Any person who shall keep or permit to remain on
any premises an animal found to be in violation of this Section
shall be guilty of an infraction for a first offense and for
subsequent offenses as provided in Section 8.04.260.
(c) Upon receipt of written complaint(s) affirming
that a violation as declared in this section exists, the Sheriff
may issue an order to the owner of the offending animal
directing that such violation be abated. In the event that the
owner does not comply with said order, the Sheriff may issue a
citation and/or cause the animal to be impounded.
(d) An animal may be immediately impounded with or
without receipt of a written complaint if it is determined by
the deputy sheriff that the noise it has created cannot be
abated or quieted so that it continually disturbs the peace of
the complaining persons. If an animal is caused to be impounded
for a violation of subsection (a) , within twenty-four (24) hours
of the impoundment the Sheriff shall provide notice in
accordance with Section 1.04.190. Where the owner or address of
any affected owner is unknown, notice of the hearing shall be
given by posting the same in the office of the Sheriff and by
publication in a newspaper of general circulation. Notice shall
then be deemed given on publication of the notice.
(e) The owner or possessor of an animal impounded
under this Section shall be entitled to a hearing conducted by
a hearing officer designated by the County Administrator or his
designee pursuant to the provisions of Section 8.04.181(f)(4).
The hearing shall be held within ten (10) calendar days
following such impoundment provided such owner or possessor
files a written request for a hearing with the Department within
five (5) calendar days following written notice of such
impoundment. The hearing shall be conducted in accordance with
the provisions of Section 8.04.181 (f)(5)(b), (7), (8), (9) and
(10). Unless the hearing officer otherwise determines, the
owner or possessor is liable for all costs related to such
impoundment.
3
•a�� _ •..�7.D�S�'L,i�Z,iw - �'_`7.'���,5i ;�• •• {7F .�, x� 4id to �,r
• � - , . � Yit y[[ � �' .. 1.. �C. i „`�.: i . y Yom} .
SECTION IV. Section 8.04.180 of the Karin County
Code is hereby amended to read as follows:
8.04.180: Probibition of animals tresvassina og
Dublic or Drivate Drovertv., It is unlawful to suffer or permit
any animal or fowl to trespass on private or public property so
as to damage or destroy any property or thing of value, or so as
to commit any other act dangerous to public health or safety,
and any animal committing such an act is a public nuisance.
SECTION V. Section 8.04.181 of the Marin County
Code is hereby amended to read as follows:
8.04.181: Potentiallv dangerous and vicious docs.
(a) Except as otherwise provided under the provisions of
subsections (b) through (m) of this section, the provisions of
Chapter 9, Articles 1 through 5, Sections 31601 through 31683
and any amendments thereto exclusive of Sections 31602, 31603,
31606 and 31644 of the Food and Agricultural Code are hereby
adopted and incorporated by reference herein.'
following:
(b) "Potentially Dangerous Dog" means any of the
(1) Any dog which, when unprovoked on two
separate occasions within the prior 36 -month period, engages in
any behavior that requires a defensive action by any person to
prevent bodily injury when the person and the dog are off the
property of the owner or keeper of the dog.
(2) Any dog which when unprovoked bites a person
causing a less severe injury than as defined in Section 31604.
(3) Any dog which when unprovoked has killed,
seriously bitten, inflicted injury or otherwise caused injury
attacking a domestic animal off the property of the owner or
keeper of the dog.
(c) "Vicious
dog"
means
any of
the following:
(1) Any
dog
seized
under
Section 599aa of the
Penal Code and upon the sustaining of a conviction of the owner
1 The Sections are attached at the end of this ordinance as
a supplement.
4
or keeper under subdivision (a) of Section 597.5 of the Penal
Code.
(2) Any dog which, when unprovoked, in an
aggressive manner, inflicts severe injury on or kills a human
being.
(3) Any dog previously determined to be and
currently listed as a potentially dangerous dog which, after its
owner or keeper has been notified of this determination,
continues the behavior described in Section 8.04.181(b) or is
maintained in violation of Section 31641, 31642 or 31643 of the
California Food and Agricultural Code.
(d) "Animal Control Department" means that agency
appointed as poundkeeper for the County of Marin under the
provisions of Section 8.04.110.
(e) "Director" means executive director of Karin
County Animal Services or any person authorized to act on
his/her behalf.
(f) A hearing on whether a dog shall be declared
potentially dangerous or vicious shall be conducted in the
following manner:
(1) If the director has investigated and
determined that there exists probable cause to believe that a
dog is potentially dangerous or vicious as defined by this
ordinance, a hearing shall be conducted. The director shall
prepare a petition specifying the basis as to why the dog is
potentially dangerous or vicious.
(2) Whenever possible, any complaint received
from a member of the public which serves as the evidentiary
basis for the director to find probable cause shall be sworn to
and verified by the complainant and shall be attached to the
petition.
(3) Prior to commencement of the hearing and if
the allegations of the petition indicate that the dog is
potentially dangerous as defined under subsection 8.04.181(b),
the County Administrator or his designee may offer in writing
5
Z,, lF,R3'
mediation services as an alternative to a hearing provided both
the complainant and the owner agree in writing to mediation.
Mediation must be concluded within thirty days of the offer to
mediate. If mediation is refused or is unsuccessful, then the
matter shall be referred to a hearing under subsection (f)(1).
(4) The County Administrator or his designee
shall designate a hearing officer from a panel of up to five
persons whose membership shall be designated by the Board of
Supervisors. Hearing officer applicants shall have had a
minimum of five years experience as a practicing attorney and
prior experience in administrative, arbitration or mediation
hearings. Prior experience in care and control of animals shall
also be considered but is not necessary. The hearing officer
shall conduct a hearing on whether a dog shall be declared
potentially dangerous or vicious. The hearing officer shall be
compensated for the actual hours devoted to the hearing and its
determination at the existing hourly rate or fraction thereof
allowed a traffic referee of the Marin County Municipal Court.
(5) (a) The County Administrator or his designee
shall provide written notice to the owner of the specific
behavior of the animal alleged in the petition and the date upon
which a hearing will be held to consider the petition. The
hearing shall be held not more than fifteen (15) days after
service of notice upon the owner. The notice shall advise the
owner of the consequences of a finding of potentially dangerous
or vicious and the owner's right to present evidence as to why
the dog should not be declared potentially dangerous or vicious.
Service of the notice shall be made in accordance with Section
1.04.190. Where the owner or address of any affected owner is
unknown, notice of the hearing shall be given by posting the
same in the office of the director and by publication in a
newspaper of general circulation. Notice shall then be deemed
given on publication of the notice.
6
officer deems it necessary and proper or upon a showing of good
cause.
(5) (c) The time for hearing and the hearing
provisions of subsection (d)(5)(a) shall be stayed if mediation
services are offered pursuant to the provisions of subsection
(f) (3) . The time for hearing and the hearing provisions of this
subsection shall recommence at the date the County Administrator
or his designee has determined in writing that mediation has not
been accepted or has been unsuccessful.
(6) In cases where complaint(s) from the public
serve as the evidentiary basis for the director to prepare a
petition, at least one of the complainants or his or her
designee in the matter must appear and testify at the hearing or
the complaint shall be dismissed.
(7) If the owner fails to appear at the hearing,
the hearing shall nevertheless proceed and an appropriate order
shall be issued.
(8) The hearing officer shall consider all
relevant responsible evidence without regard to the formal rules
of evidence, including circumstances of mitigation, and the
record of any prior violations by the owner.
(9) All witnesses shall testify under oath or
affirmation. The oath shall be administered by the hearing
officer. The hearing officer may, when appropriate, request the
production of oral or documentary evidence which is reasonably
necessary and relevant to conduct a hearing. All proceedings
shall be tape recorded.
(10) The hearing officer shall issue a written
determination based upon a preponderance of the evidence, which
shall be mailed to the owner within seven days after the hearing
is completed.
(11) If an animal is found to be potentially
dangerous or vicious by a preponderance of the evidence, the
animal shall be so designated on the records of Marin County
7
(5) (b) A hearing may be continued if the hearing
officer deems it necessary and proper or upon a showing of good
cause.
(5) (c) The time for hearing and the hearing
provisions of subsection (d)(5)(a) shall be stayed if mediation
services are offered pursuant to the provisions of subsection
(f) (3) . The time for hearing and the hearing provisions of this
subsection shall recommence at the date the County Administrator
or his designee has determined in writing that mediation has not
been accepted or has been unsuccessful.
(6) In cases where complaint(s) from the public
serve as the evidentiary basis for the director to prepare a
petition, at least one of the complainants or his or her
designee in the matter must appear and testify at the hearing or
the complaint shall be dismissed.
(7) If the owner fails to appear at the hearing,
the hearing shall nevertheless proceed and an appropriate order
shall be issued.
(8) The hearing officer shall consider all
relevant responsible evidence without regard to the formal rules
of evidence, including circumstances of mitigation, and the
record of any prior violations by the owner.
(9) All witnesses shall testify under oath or
affirmation. The oath shall be administered by the hearing
officer. The hearing officer may, when appropriate, request the
production of oral or documentary evidence which is reasonably
necessary and relevant to conduct a hearing. All proceedings
shall be tape recorded.
(10) The hearing officer shall issue a written
determination based upon a preponderance of the evidence, which
shall be mailed to the owner within seven days after the hearing
is completed.
(11) If an animal is found to be potentially
dangerous or vicious by a preponderance of the evidence, the
animal shall be so designated on the records of Marin County
7
s
NtiX � Tom=
Animal Services. Such a designation shall be considered in
future determinations involving the animal and/or owner.
(12) The owner of a dog for which a potentially
dangerous petition has been issued may irrevocably waive his
right to a hearing and any further appeal under Food and
Agricultural Code section 31622 and accept all conditions,
sanctions and penalties set forth in Food and Agricultural Code
sections 31641, 31642, and 31643, and Section 8.04.181(k).
(g) In accordance with the provisions of Food and
Agricultural Code section 31641, the owner of a potentially
dangerous dog shall in addition to the regular licensing fee,
pay to the animal control agency an annual fee of twenty-five
dollars ($25.00) to provide for the increased costs of
maintaining the records of the dog.
(h) The owner of a dog determined to be vicious
shall, in addition to the regular licensing fee, pay to the
animal control agency an annual fee of fifty dollars ($50.00) to
provide for the increased costs of maintaining the records of
the dog.
(i) The owner of a dog determined vicious shall, at
his/her own expense, have the vicious animal registration number
assigned to the dog tattooed upon the dog"s left ear or, if the
left ear is not available, on the left inner thigh, by a
licensed veterinarian or a person trained, authorized and
licensed to do business as a tattooist. As an alternative to
tattooing, an owner may have a microchip injected beneath the
skin, and between the shoulder blades of the animal by a
licensed veterinarian. The owner shall provide proof
satisfactory to Marin County Animal Services of such tattooing
or microchipping within thirty days of the vicious
determination.
(j) An owner of a vicious dog shall, within ten days
of such determination, present said animal at the Marin County
animal services and allow photographs and measurements of the
animal to be taken for purposes of identification.
E-3
(k) An owner of a dog found potentially }dangerous y
under Section 8.04.181(b), who has no additional violations of
any of the provisions of Title 8 of the Marin County Code,
within a thirty-six month period from the date of designation as
potentially dangerous, shall be removed from the list of
potentially dangerous dogs by the Director. The dog may be, but
is not required to be, removed from the list of potentially
dangerous dogs prior to the expiration of the thirty-six month
period if the owner or keeper of the dog demonstrates to the
Director that changes in circumstances or measures taken by the
owner or keeper, such as training of the dog, have mitigated the
risk to public safety.
(1) An owner of a dog found vicious under section
8.04.181(c)(3), who has no additional violations of any of the
provisions of Title 8 of the Marin County Code, after a thirty-
six month period from the date of designation as vicious, may
apply to the director to remove the animal from the list of
vicious animals. The director shall remove the animal from the
list of vicious animals upon proof of the successful completion
of at least eight weeks of formal obedience training, other
similar evidence of training, or other rehabilitative efforts
designed to mitigate the risk to public safety.
(m) All sanctions imposed on dogs determined
potentially dangerous or dangerous prior to the enactment of
this ordinance shall remain in effect, except that any
violations subsequent to the enactment of this section shall be
governed by this section. In determining subsequent violations
the following provisions shall apply: Any dog previously
determined potentially dangerous prior to the enactment of this
section, shall be considered potentially dangerous as defined
under the provisions of this ordinance and subject to all of its
provisions governing the regulation and disposition of
potentially dangerous dogs; any dog previously determined
dangerous prior to the enactment of this ordinance shall be
considered vicious as defined under the provisions of this
9
ordinance and subject to all of its provisions governing the
regulation and disposition of vicious dogs.
SECTION VI. Section 8.04.182 of the Marin County Code
is hereby repealed.
SECTION VII. Section 8.04.183 of the Marin County
Code is hereby repealed.
SECTION VIII. Section 8.04.195 of the Marin County
Code is hereby amended to read as follows:
8.04.195: Fees for nick uv and disvosal of dead docs,
cats and small bousebold vets and wildlife., A fee of twenty
dollars ($20.00) shall be charged an owner of a dead dog, cat or
small household pet for the pick up and disposal of the animal
by the poundkeeper. A fee of twenty-five dollars ($25.00) shall
be charged for pick up and disposal of dead wildlife under 50
pounds and fifty dollars ($50.00) over 50 pounds by the
poundkeeper.
SECTION IB. Determination of reasonable costs. In
accordance with the provisions of Government Code section 54985,
the Board of Supervisors hereby finds and determines that the
aforesaid fees under Section V pertaining to the cost of
maintaining the records of potentially dangerous and vicious
dogs and under Section VIII pertaining to the pickup and
disposal of dead wildlife are reasonably necessary to cover the
aforesaid costs.
SECTION E. Publication. This ordinance shall be and
is hereby declared to be in full force and effect as of thirty
(30) days from and after the date of its passage and shall be
published once before the expiration of fifteen (15) days after
its passage, with the names of the supervisors voting for and
against the same in the INDEPENDENT JOURNAL, a newspaper of
general circulation published in the County of Marin.
10
-'*X
PASSED AND ADOPTED at a regular meeting of the Board
of Supervisors of the County of Marin, State of California, held
on the 20th day of April , 1993, by the following vote:
AYES: SUPERVISORS Annette Rose, Gary Giacomini, Harold C. Brown, Ji
Brady Bevis, Bob Roumiguiere
NOES: none
ABSENT: none
- r
CHAIRMAN OF THE BOARD OF SUPERVISORS
ATTESTS
Clerk
a.%A"ORDANM[1
11
RESOLUTION NO. 93-084
RESOLUTION OF THE BOARD OF SUPERVISORS OF THE
COUNTY OF MARIN ADOPTING THE PROVISIONS OF
SECTION 597.1 OF THE PENAL CODE RELATING TO
THE CARE FOR ANIMALS AND DECLARING THAT
SECTION 597(F) OF THE PENAL CODE SHALL NOT BE
OPERATIVE.
WHEREAS, pursuant to the provisions of subsection (1) of
Penal Code section 597.1, the provisions of said Section shall be
operative in the County of Marin and for the Marin Humane Society
only if the Board of Supervisors so determines and further
determines that Section 597(f) of the Penal Code shall not be
operative.
NOW, THEREFORE, BE IT RESOLVED that the Board of
Supervisors of the County of Marin hereby resolves as follows:
1. The provisions of Penal Code section 597.1 are hereby
adopted in their entirety and shall apply within the unincorporated
limits of the County of Marin and to all law enforcement agencies
and empowered animal protection organizations within the
unincorporated areas of the County of Marin.
2. The provisions of Section 597(f) of the Penal Code
shall not apply within the unincorporated areas of the County of
Marin or to all law enforcement agencies and empowered animal
protection organizations within the unincorporated areas of the
County of Marin.
PASSED AND ADOPTED at a regular meeting of the Board of
Supervisors held on the 20th day of April 1993 by the
following vote:
AYES: SUPERVISORS Annette Rose, Gary Giacomini, Harold C. Brown, Jr.
Brady Bevis, Bob Roumiguiere
NOES: none
ABSENT: none � � �' '
��airperson, Board f Supervisors
ATTEST: /.r,�- ��'7�`�
Clerk '
O: AAHV 2*Z2E 4.RES
RESOLUTION NO. 93-85
RESOLUTION OF THE BOARD OF SUPERVISORS OF THE
COUNTY OF MARIN APPOINTING AN ADVISORY ANIMAL
CONTROL COMMISSION TO EVALUATE AND PROVIDE
RECOMMENDATIONS ON COUNTYWIDE NATTERS
INVOLVING ANIMAL CONTROL.
WHEREAS, the County of Marin and the cities within the
County are desirous of establishing an advisory commission to hear
public concerns and suggestions concerning a Countywide animal
control and evaluate animal control and regulation and provide
recommendations to the County and cities.
NOW, THEREFORE, BE IT RESOLVED that the Board of
Supervisors of the County of Marin hereby resolves as follows:
1. A seven member animal control advisory commission is
hereby appointed. Its membership shall be selected as follows:
three citizen members appointed by the Marin County Board of
Supervisors; three citizen members appointed by the Marin County
Council of Mayors and Council members; one member appointed by and
from the Marin Humane Society Board of Directors.
2. The commission shall serve two years from the date of
this resolution unless the term is extended by this Board.
3. The charge of the commission shall be advisory. Its
activities shall include the following:
(a) Review and hear any public complaints or
concerns regarding animal control activities except the following:
matters pending or decisions of hearing officers/boards, actions of
the District Attorney and courts of competent jurisdiction and
ongoing criminal investigations, fines and fees approved by the
Board of Supervisors, and activities/policies of the Marin Humane
Society not subject to the jurisdiction of the animal services
contract.
(b) Provide a recommendation on the need and design,
if any, of a permanent animal control complaint resolution
procedure.
(c) Evaluate the adequacy of the existing level of
animal control service provided by the Marin Humane Society.
(d) Evaluate and as appropriate make recommendations
on the cost of providing animal control services by the Marin
Humane Society.
(e) Evaluate the pros and cons of the need for a
uniform countywide leash law.
(f) Submit at the end of two years a report covering
the activities and recommendations of this commission and the need,
if any, for its continuation.
PASSED AND ADOPTED at a regular meeting of the Board
of Supervisors of the County of Marin, State of California, held
this 20th day of April , 1993 by the following vote:
AYES: SUPERVISORS Annette Rose, Gary Giacomini, Harold C. Brown, Jr.,
Brady Bevis, Bob Roumiguiere
NOES: none
ABSENT: none
Chairperson, Board of Supervisors
ATT'ST :
Clerk
M ." ,