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HomeMy WebLinkAboutOrdinance 1274 (Animal Control)CLERK'S CERTIFICATE I, JEANNE M. LEONCINI, City 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. 1274 entitled: ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING SECTIONS OF AND ADDING SECTIONS TO THE SAN RAFAEL MUNICIPAL CODE, PERTAINING TO ANIMAL CONTROL 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 19th day of September, 1977. Published as re- quired by City Charter in the Terra Linda News , a newspaper printed and 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 3rd day of October, 19 77 by the following vote, to -wit: Ayes: Councilmen: Jensen, Mis-imen, Mulryan, Nixon and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None WITNESS my hand and the officia , seal of the Cit of San Rafael this S— day of �� 19 77 . /N JEA6A�7LEONCINi7;;C�ity Clerk ORDINANCE NO. 1274 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING SECTIONS OF AND ADDING SECTIONS TO THE SAN RAFAEL MUNICIPAL CODE, PERTAINING TO ANIMAL CONTROL The City Council of the City of San Rafael does hereby ordain as follows: SECTION 1. Section 6.10.020 of the San Rafael Municipal Code is hereby amended to read as follows: 6.10.020 Definitions. For the purposes of this chapter, the following words and phrases are defined and shall be construed as hereinafter set out unless it is apparent from the context that a different meaning is intended. "Dog" means any animal of the canine family. "Owner" means any person who owns, keeps or harbors an animal for fifteen or more consecutive days, except a veterinarian or an operator of a kennel or a pet shop engaged in the regular practice of this business as such. "Dog license" means the license required to be annually issued for each individual dog. "Licensed dog" means any dog for which the license for the current year has been issued and to which the tag pro- vided for in this chapter is properly attached. "City" means the City of San Rafael. "Commercial animal establishment" means any location where the business of buying, selling, bartering, renting or boarding of dogs, cats, wild animals, domestic animals, or fowl is conducted. This definition shall not apply to: (6) Buying or selling livestock for dairy purposes; Dairy establishments; Buying and selling of dogs by dog hobbyists; Buying and selling of dogs by ranch dog permittees; Business activities of a duly licensed veterinary hospital; The County Humane Society. -1- "Dog hobbyist" means any person who owns or keeps, within or adjoining a private residence, four or more dogs for personal and noncommercial purposes, which are limited to hunting, tracking, exhibition in dog shows, obedience trials, field trials, dog sledding, or to enhance or perpeturate a given breed, and who has secured a permit for such activity in accordance with the provisions of Section 6.10.245. No permit shall be granted for the purpose of breeding, keeping or training dogs for use in dog fighting events. "Kennel" means any lot or premises on which four or more dogs at least four months of age are kept. For purposes of this Section, "kennel" shall not mean and shall not include any lot or premises on which a person has been issued a dog hobbyist or ranch dog permit in accordance with the provisions of Section 6.10.245 or 6.10.246 of Chapter 6.10 of the San Rafael Municipal Code. "Ranch dog permittee" means any person who owns or keeps within or adjoining a residence, building, lot or area which is zoned for agricultural uses under Title 22 of the Marin County Code, four or more dogs for personal, recreational, non- commercial purposes, or purposes related to agricultural pursuits including, but not limited to, the control, herding and protection of livestock and other domesticated animals, and who has secured a permit for such activity in accordance with the provisions of Section 6.10.246 SECTION 2. Section 6.10.120 of the San Rafael Municipal Code is hereby amended to read as follows: 6.10.120 Poundkeeper and its animal control officers -- Powers and duties. The powers and duties of the poundkeeper and its animal control officers shall be as follows: (a) To enforce all provisions of this chapter and all the laws of the State of California relating to the care, treatment and impounding of animals; -2- (b) To maintain and keep an animal shelter or other place where all animals which are subject to be impounded may be kept and safely held and provided with proper and sufficient food and water; (c) To take up, impound and safely keep any animals where authorized under the provisions of this chapter or the laws of this state; (d) To collect any costs or charges hereinafter provided in this chapter for the impounding and keeping of any animal; (e) Where authorized under the provisions of this chapter or the laws of this state, to enter upon any premises upon which any animal is kept for the purpose of taking up, seizing or impounding of any animal or for the purpose of determining whether such animal is licensed or is violating the provisions of this chapter; (f) To destroy any animal lawfully impounded which, by reason of injury, disease or other cause is unfit for further use or is dangerous to keep impounded; (g) To enter upon any private or public property in order to pick up and dispose of any dead animal; (h) To destroy or dispose of any animal where authorized pursuant to the provisions of this chapter; (i) To make determinations in accordance with the provisions of this chapter. SECTION 3. Section 6.10.130 of the San Rafael Municipal Code is hereby amended to read as follows: 6.10.130 Disposition of animals by poundkeeper. Except where otherwise provided in this chapter, the pound - keeper 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, -3- Sundays and holidays excepted, it may be sold by the pound - keeper; provided that the purchaser shall not be given possession of any such dog until he has secured a license for the same and has paid such fees as are required for redemption. If the pound - keeper is unable to sell the dog, he may 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 not be given possession of any such dog until he has secured a license for the dog. No dog shall be sold, placed or otherwise dis- posed of until it is spayed or neutered. (b) Licensed dogs: Unless a licensed dog has been redeemed within seven days after impoundment, Sundays 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, Sundays and holidays excepted, it may be sold by the pound - keeper. No cat shall be sold, placed or otherwise disposed of until it has been spayed or neutered. 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. (d) Other animals. The poundkeeper shall keep any other impounded domestic 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 4. Section 6.10.140 of the San Rafael Municipal Code is hereby amended to read as follows: -4- 6.10.140 Redemption of impounded animals. Except where redemption is not permitted by this chapter, redemption of an impounded animal by the owner shall be made by exhibiting to the poundkeeper proof of the owner's identity and any required license certificate or license tag or other satis- factory proof of ownership with proof of the owner's identity, and by paying the charges provided for under Section 6.10.150. If an animal is sold or released to a person other than the owner, the owner of such animal may, at any time within thirty days after such sale or release, redeem the same from such purchaser or other person by paying him the amount of the purchase price, if any, plus a sum equal to two dollars and fifty cents per day from the date of such sale or release, to and including the date of redemption, except that no person may redeem an animal under this Section if he was given written notice of such impoundment by the poundkeeper and failed, for a period of five days after the mailing of such notice, to redeem or release such animal from impoundment. SECTION 5. Section 6.10.180 of the San Rafael Municipal Code is hereby amended to read as follows: 6.10.180 Nuisance abatement. (a) The keeping or harboring of any dog, cat or other animal or fowl, whether licensed or not, which by habitual howling, yelping, barking or other noise, disturbs or annoys any considerable number of persons or neighborhood is unlawful and is a public nuisance, and each day that such act is continued constitutes a separate offense. 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 act is a public nuisance. (b) Whenever the poundkeeper or any of its animal control officers has reasonable cause to believe that a -5- public nuisance, as defined in this section, exists, the pound - keeper shall conduct an investigation of such alleged nuisance. Whenever it is affirmed in writing by two or more persons having separate residences, or regularly employed in the neighborhood, that a public nuisance, as declared in this section, exists, the poundkeeper shall investigate such alleged public nuisance; provided, however, that where there is only one resident or one person regularly employed within 100 yards of such alleged public nuisance, written affirmation of only that one person is required for the poundkeeper to investigate such alleged public nuisance. (c) If, upon such investigation, the poundkeeper determines that a nuisance exists, the poundkeeper shall issue an order to the owner of the offending animal directing that such nuisance be abated. In the event that the owner does not comply with said order, the poundkeeper shall immediately refer the matter to the City Attorney of San Rafael for prose- cution of the alleged violation. SECTION 6. Section 6.10.210 of the San Rafael Municipal Code is hereby amended to read as follows: 6.10.210 Limitation on number of dogs. Except as provided elsewhere in the San Rafael Municipal Code it is unlawful for any person to keep or harbor more than three dogs which are over the age of four months on any lot, premises, dwelling, building, structure, boat or living accommodation. As used in this section, lot, dwelling, building and structure have the same meaning as set forth elsewhere in the San Rafael Municipal Code. SECTION 7. Section 6.10.260 of the San Rafael Municipal Code is hereby amended to read as follows: 6.10.260 Penalty for violations. Any person violating any of the provisions of Sections 6.10.180, 6.10.181, 6.10.240, 6.10.245 and 6.10.246 of this chapter is guilty of a misdemeanor and, upon conviction thereof, shall be punished by fine not exceeding five hundred dollars, by imprisonment not exceeding six months, or by both such fine and imprisonment. Any person violating any of the other provisions of this chapter is guilty of an infraction as provided in Section 19 (c) of the Penal Code and, upon conviction thereof, shall be punished by a fine of not more than fifty dollars for the first offense and for a second or subsequent offense by a fine of not more than one hundred dollars. SECTION 8. Section 6.10.122 is hereby added to the San Rafael Municipal Code to read as follows: 6.10.122 Hearings. The City Manager of the City of San Rafael, or his designated deputy, is authorized to conduct hearings in all cases authorized by the provisions of this chapter. Written notice of the time and place of the hearing shall be given to the animal owner at least ten (10) days prior to the date set for hearing, unless the animal owner expressly requests, in writing, that the hearing be set for an earlier date and the poundkeeper agrees to do so. Service of the notice shall be made in accordance with administrative procedures developed by the City Manager. Where the owner of any affected animal is unknown, notice of the hearing shall be given by posting the same in the office of the poundkeeper, in the office where the hearing is to be held, and at some public place in the general vicinity of the location where the animal came into the possession of the poundkeeper. If the owner of the affected animal fails to appear at the hearing, the hearing shall nevertheless proceed and an appropriate order shall be issued in accordance with the provisions of this chapter. SECTION 9. Section 6.10.200 of the San Rafael Municipal Code is amended to read as follows: -7- 6.10.200 Vicious or unsafe animals. (a) Persons of all ages have been subjected to unprovoked attacks and bites by dogs and other animals through- out the County. This section is intended to protect such persons by diminishing the likelihood of such attacks, bites and injuries. (b) Any animal having vicious propensities and which is likely to attack, bite and injure persons without provocation is declared to be a vicious and unsafe animal and shall constitute a public nuisance. (c) Whenever the poundkeeper or any of its animal control officers has reasonable cause to believe that any animal is vicious and unsafe, the poundkeeper shall issue an order directing the owner of such animal to abate such nuisance by disposing of the animal or by adequately confining or restraining the animal in a manner designated by the pound - keeper. If the owner of such an animal, for any reason whatsoever, fails to comply with the order of the poundkeeper, the poundkeeper shall issue an order directing the owner to appear at a designated hearing, provided by Section 6.10.122 of this Code, to show cause why the owner of the animal should not be required to surrender said animal to the poundkeeper or take other steps as may be designated to abate such nuisance. Upon conclusion of the hearing, the presiding officer may order the animal to be destroyed, or such lesser measures as he deems necessary to abate the nuisance. (d) Whenever the poundkeeper or any of its animal control officers has reasonable cause to believe that an animal is vicious or unsafe and constitutes an immediate hazard to persons, the poundkeeper or any of its animal control officers shall immediately seize the animal. If MM the poundkeeper is unable to locate the owner, or if the owner is unable to take the necessary steps to confine and/or restrain such animal in a manner satisfactory to the poundkeeper, the poundkeeper shall immediately impound the animal. Such animal shall be returned by the poundkeeper to its owner only if the poundkeeper is satisfied that the owner will confine and/or restrain such animal as ordered by the poundkeeper. If the owner cannot be located, or if the owner is unwilling or unable to confine, restrain, or dispose of such animal as ordered by the poundkeeper, the poundkeeper shall issue an order directing the owner to appear at a designated hearing, provided by Section 6.10.122 of this Code, to show cause why such animal shall not be permanently surrendered to the poundkeeper, or why such owner shall not be required to take other steps as may be designated to abate such nuisance. Upon conclusion of the hearing, the presiding officer may order the animal to be destroyed, or such lesser measures as he deems necessary to abate the nuisance. (e) The owner of any animal who shall fail to comply with any order issued under this section by the pound - keeper, any of its designated animal control officers, or the presiding officer authorized to conduct hearings under Section 6.10.122 of this Code, shall be deemed guilty of a misdemeanor. Each additional day that the owner continues to disobey such order shall constitute a separate and distinct violation of this section. (f) A keeping charge, as provided in Section 6.10.150 shall be assessed against the owner of any animal for each day during which the animal is impounded or held by the poundkeeper under the provisions of this section. If the poundkeeper or the presiding officer authorized to conduct hearings under Section 6.10.122 of this Code thereafter determines that such animal shall be released to the owner, the animal shall not be released until the owner pays all charges as specified in Section 6.10.150. If the owner refuses to pay such charges, then the animal shall be treated as unredeemed by the owner and disposed of under the provisions of Section 6.10.130. SECTION 10. Section 6.10.245 is hereby added to the San Rafael Municipal Code to read as follows: 6.10.245 Dog Hobbyists. (a) Regulations. The poundkeeper is hereby authorized and directed to adopt and to submit for approval to the San Rafael City Council comprehensive regulations concerning dog hobbyist activities, including but not limited to the number of dogs that a dog hobbyist may maintain, the types of premises allowed to be licensed, the sale of dogs and related matters. (b) Permit. An individual who wants to qualify as a dog hobbyist must apply for a permit from the poundkeeper. A permit shall be issued if the poundkeeper determines, after investigation, that the applicant is a bona fide dog hobbyist, maintains appropriate premises for the proper confinement and control of the animals, will not create a nuisance in the neighborhood in which the activity is proposed, and in all other respects complies with the regulations adopted by the poundkeeper pertaining to dog hobbyists. Permits may be issued subject to such conditions as the poundkeeper determines are necessary to protect the public health and welfare and to avoid the creation of a nuisance or public health hazard. Any applicant or permittee aggrieved by the revocation or modification of a permit may request a -10- hearing provided by Section 6.10.122 of this Code. A request for a hearing shall be in writing and filed with the pound - keeper not later than seven working days following transmittal of the poundkeeper's decision to the applicant or permittee. Upon conclusion of the hearing, the presiding officer shall issue an appropriate order sustaining, modifying or setting aside the determination of the poundkeeper. (c) Revocation of permit. A permit may be revoked, or continued, subject to limited conditions of use, if the poundkeeper determines that any of the following conditions exist: 1. The permittee has violated the provisions of this chapter twice in one license year. 2. The permittee has been convicted of cruelty to animals. 3. The permittee has failed to comply with the conditions of the permit. 4. Continuation of the permit will create a public nuisance or health hazard. 5. Continuation of the permit will create a nuisance in the neighborhood in which the permit has been issued. Any permittee aggrieved by the revocation or modi- fication of a permit may request a hearing provided by Section 6.10.122 of this Code. A request for a hearing shall be in writing and filed with the poundkeeper not later than seven days following transmittal of the poundkeeper's decision to the permittee. Upon conclusion of the hearing, the presiding officer shall issue an appropriate order sustaining, modifying or setting aside the determination of the pound - keeper. -11- (d) Fees and licenses. The poundkeeper shall collect a fee of thirty dollars per year for the issuance of each dog hobbyist permit. The issuance of a dog hobbyist permit shall include provision of an individual license for each dog harbored under the permit at no additional charge. (e) Confinement. All dogs under the control of a dog hobbyist must be confined to the owner's property at all times, except when removed for training, recreational use or exhibition, at which times they must be under the immediate control of the permittee or agent. SECTION 11. Section 6.10.246 is hereby added to the San Rafael Municipal Code to read as follows: 6.10.246 Ranch Dog Permittees. The provisions and regulations provided in Section 6.10.245 for dog hobbyists shall govern and apply to all ranch dog permittees. The fees and license requirements for any ranch dog permittee shall be the same as provided in Section 6.10.245 for dog hobbyists. -12- SECTION 12. Publication. This Ordinance shall be published once in full before its final passage in a newspaper of general circulation, printed, published and circulated in the City of San Rafael, and shall be in full force and effect thirty (30) days after its final passage. C. PAUL BE TIN , Mayor Attest: JE&E M. LEONCINI, C�yCk The preceding and foregoing Ordinance No. 1274 was read and introduced at a regular meeting of the City Council of the City of San Rafael, held on the 19th day of September , 1977, and ordered passed to print by the following vote, to wit: AYES: COUNCILMEN• Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None ANNE M. LEONCINI; City Clerk 32 A/6-18 -13-