HomeMy WebLinkAboutOrdinance 1705 (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. 1705 entitled:
"AN ORDINANCE OF THE CITY OF SAN RAFAEL ADOPTING, BY REFERENCE,
AMENDMENTS TO THE ANIMAL CONTROL REGULATIONS CONTAINED IN TITLE 8 OF
THE MARIN COUNTY CODE"
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 18th day
of NOVEMBER, 1996, 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 2nd day of DECEMBER, 1996, by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
WITNESS my hand and the official seal
of the City of San Rafael this
3rd day of DECEMBER, 1996.
JEANVM. LEONCINI.�City Clerk
ORDINANCE NO. 17 Q5
AN ORDINANCE OF THE CITY OF SAN RAFAEL ADOPTING,
BY REFERENCE, AMENDMENTS TO THE ANIMAL CONTROL
REGULATIONS CONTAINED IN TITLE 8 OF THE MARIN COUNTY CODE.
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS:
DIVISION 1. Section 6.10.010 of the San Rafael Municipal
Code is hereby amended to read as follows:
Section 6.10.010 -- AdoAtion of County Code. Pursuant
to Section 50022.9 of the Government Code, the Marin County Animal
Control Code, set forth in Title 8 of the Marin County Code as
Chapters 8.04, 8.08 and 8.12, including all current amendments
thereto, through and including Marin County Ordinance No. 3236, is
adopted by reference, and is in full force and effect within the
City of San Rafael, with the following deletions, modifications,
and amendments:
Section 8.04.179 of the Marin County Animal Control Code
("Prohibition of habitual animal noise which disturbs the peace")
is amended as follows:
(1) "Chief of Police or the Chief of Police's
designee" is substituted for "Sheriff" where it appears in
Subsections (c), (d) and (e) of Section 8.04.179.
(2) "San Rafael Municipal Code" is substituted for
"Marin County Code" where it appears in Subsection (b) of Section
8.04.179.
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 City 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.
ORIvfNFlor��5
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.
ERT/Z. $SIV MAYOR
ATTEST:
JE M. LE �ICIT�CLERK
The foregoing Ordinance No. 1705 was read and introduced
at a Regular Meeting of the City Council of the City of San Rafael,
held on the 18th day of November, 1996, and ordered passed to print
by the following vote to wit:
AYES: Councilmembers: Cohen, Heller, Miller, Phillips & 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 2nd
day of December, 1996.
JEANW M. LEONCI I, CITY CLERK
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CITY
�� NOTE: STAFF REPORT +
' MARIN COUNTY ANIMAL
u 18..CONTROL ORDINANCE
OF °`, AGENDA ITEM No.:......... This material not
SAN RAFAEL NOS Ordinance
with City's
MEETING DATE:...... •••---� Ordinance No. 1705.
P.O. BOX 151560, SAN RAFAEL, CA 94915-1560/PHONE: (415) 485-3065
<4-R)j.m.l.
REPORT TO MAYOR AND CITY COUNGIL
SUBJECT: ORDINANCE AMENDING CHAPTER 6.10 OF THE SAN RAFAEL
MUNICIPAL CODE AND ADOPTING, BY REFERENCE, AMENDMENTS
TO THE ANIMAL CONTROL REGULATIONS AND DOG LICENSE FEES
MAX11<-
IN R 8.04 OF THE MARIN COUNTY CODE.
SUBMITTED BV:......./�...... APPROVED BY:................... ... ................
SUZANNEST. CITY MANAGER
City Manapor
DATE: November 12, 1996
RECOMMENDATION: ADOPT ORDINANCE AMENDING CHAPTER 6.10 OF THE SAN
RAFAEL MUNICIPAL CODE
BACKGROUND/SUMMARY:
The Marin County Board of Supervisors amended sections of Chapter
8.04 (pertaining to Animal Control) of the Marin County Code on
October 8, 1996. Amendments were made in the following sections of
the county code:
8.04.050 Confinement & Quarantine
8.04.060 License Fees
8.04.070 Delinquent License Penalty
8.04.150 Fees for Redemption, Placement, Surrender
8.04.181 Potentially Dangerous and vicious Dogs
A copy of Marin County Ordinance # 3236, which presents the
amendments in their entirety, accompanies the proposed City Ordinance.
It is anticipated that these amendments will be implemented in
early 1997, following approval by each of the Marin cities and
towns. The proposed amendments and license fee increases are
unanimously supported by the Marin Managers Association. if
implemented, the fees charged by the Marin Humane Society will
remain highly competitive with or below the fees charged by
neighboring humane societies/animal control agencies. The proposed
dog license fee increases are summarized below.
License Cateaory
Spayed/Neutered Dogs
Dogs Not Spayed/Neutered
Current
Fee
Proposed
1 year
$ 7.00
$10.00
2 years
13.00
15.00
3 years
18.00
20.00
1 year
$20.00
30.00
2 years
39.00
45.00
3 years
57.00
60.00
REPORT TO MAYOR AND CIT1 %-..OUNCIL / PAGE: 2
These license changes constitute an average increase of about 8%-.
The dog license fees for senior or disabled people remain
unchanged.
For the Council's information, it is the City Attorney's opinion
that Proposition 218 has no bearing on increasing dog license fees.
Prop. 218 relates to increases in taxes, assessments and property
related fees. County Counsel concurs with this opinion.
As the City Council is aware, San Rafael and all of the other Marin
cities and towns and the County are members of a Joint Powers
Agreement (JPA) which contracts with the Marin Humane Society for
a variety of animal control and shelter services. Pursuant to the
terms of that JPA, San Rafael must adopt all amendments to the
County's animal control ordinance.
attach. - Ord
A1:Vwimal
Animal Control
Chapter 8.04
ORDINANCE 3236
AN ORDINANCE OF THE BOARD OF SUPERVISORS OF THE COUNTY OF
MARIN AMENDING SECTIONS 8.04.050, 8.04..060, 8.04.070, 8.04.150,
8.04.181, OF THE MARIN COUNTY CODE PERTAINING TO CONFINEMENT &
QUARANTINE FEE PAYMENT, INCREASE IN LICENSE FEES FOR DOGS, DELINQUENT
LICENSE FEES PENALTY, INCREASED FEES FOR REDEMPTION, PLACEMENT OR
SURRENDER, POTENTIALLY DANGEROUS AND VICIOUS DOGS SERVICE AND
CLASSIFICATION.
The Board of Supervisors of the County of Marin does hereby
ordain as follows:
Section I. Section 8.04.050 of the Marin County Code is hereby
amended to read as follows:
8.04.050 Confinement & Quarantine.
(a) Unlicensed dogs under the age of four months shall be
confined in the property of the owner, and all dogs shall be
so confined for thirty days after receiving the initial
rabies vacation.
(b) The owner of a quarantined animal shall pay a fee of
thirty dollars toward an animal control officer's costs in
providing and insuring that the animal is quarantined at the
animal owner's property. If any person fails or refuses to
obey any lawful order for the quarantine of an animal for
observation of rabies, any animal control officer may impound
the animal for such quarantine at the additional expense of
the owner at the rate of twelve dollars per day for each dog,
and nine dollars for each cat.
(c) Ouarantine fees are navable within 30 days of issuance
of an invoice. Pavment is delinquent if not received within.
60 days. In the event that payment is not received within 50,
days, a delincuencv charge equaliinq t1 -Le amcur_t of the
invoice shall be assessed. For each additional month of
delinquencv another twenty percent penalty shall be assessed.
Section II.Section- 8.04.060 of the Marin County Code is hereby
amended to read as follows:
8.04.060 License fee.
-(a) The dog license fee shall be imposed on all dogs. The license
fee for dogs which have not been neutered or spayed shall be
thirty dollars for a one year license, forty-five dollars for a
two -,rear license and sixLy dollars for a three year license.
(b) The license fee for dogs which have been neutered or
spayed shall be ten dollars for a one year license, fifteen
dollars for a two year license and twentv dollars for a three
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year license. The fee is due and payable with the issuance
of a license as required in Section 8.04.030.
Section III. Section 8.04.070 of the Marin County Code is
hereby amended to read as follows:
8.04.070 Delinquent license penalty.
Any owner failing to procure and pay for such a license within the
period allowed in Section 8.04.30 shall pav a delinquent penalty
in the amount of twentv dollars. The delinquent penalty may be
waived where failure to pay is due to reasonable cause and
circumstances beyond the control of the dog owner which shall be
determined by the poundkeeper or the county tax collector. Any
person dissatisfied with a determination '?envi.ng Waiver of the
delinquent penalty shall be entitled to a hearing which shall be
conducted pursuant to the provisions of Section 8.04.122. Every
owner of a dog which is over the age of four months and which is
kept in the county shall procure a license for each such dog, for
each year, commencing within thirty days of vaccination and ending
one year following the date of issue of such license, Such
license shall be procured not later than thirty days after the day
upon which the dog is four mcnths old, or within thirty days after
the day upon which the dog, if over the age of four months, is
first owned by a resident of the county and thereafter shall be
maintained on a current basis from year to year.
Section IV. Section 8.04.150 of the Marin County Code is hereby
amended to read as follows:
8.04.150 Fees for redemption, placement, surrender.
(a) Redemption Fees. No dog or other animal may be released
by the poundkeeper to the owner until all charges, cost of
redemption and the current y-ar's license charge have been paid.
The charges and cost of redemption of the impounded animal shall
be a fee of thirty-five dollars for the first=tLtpc, iidme .t 1 .�..nP
fiscal year, a fee of fifty dollars for the second impoundment in
any fiscal year, a fee of seventy-five dollars for the third
impoundment in any fiscal year, a fee of one hundred dollars for
the fourth impoundment in anv fiscal year, and a fee of one
hundred twenty-five dollars for each additional impoundment in any
fiscal year plus in each impoundment a charge of ten dollars per
day for keeping of any dog, and a charge of eight dollars per day
for the keeping of any cat or other animal, except as to the
keeping of such animals specified in Section 8.04.220, of which
the keeping charges shall be specified in Section 8.04.220.
(b) Placement of Animals. When a dca or other animal is
sold by the poundkeeper, pursuant to this chapter, the price shall
not be less than ten dollars for dogs and two dallars for cats and
other small animals.
(c) Surrender. The surrender of an animal by owner to the
poundkeeper subsequent to impoundment for a violation of this
chapter or any provisions of state i.aw shall not relieve the owner
of the obligation to pay such charges as set forth in this
section, prior to such surrender, plus the accumulated boarding
charge or those applicable charges set forth in Section 8.04.220.
(Ord. 3068 § 3, 1991; Ord. 2901 § 2, 1986; Ord. 2640 § 2, 1981;
Ord. 2570 § 2, 1980; Ord. 2424 § 3, 1979; Ord. 2289 § 3, 1977;
Ord. 1963 § 1, 1973; Ord. 1712 § 9, 1969; Ord. 1333 § 4.4, 1964)
Section V. Section 8.04.181 of the Marin County Code is hereby
amended to read as follows:
8.04.181 Potentially dangerous and vicious dogs.
(a) Except as otherwise provided under the provisions of
subsec`ions (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 adopted and
incorporated by reference herein.
(b) "Potentially dangerous dog" means any of the following:
(1) Any dog which, when unprovoked on two separate occasions
within the prior thirty-six 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 of the Food
and Agricultural Code;
(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 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 Marin 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
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dangerous or vicious as defined by this section, 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, anv complaint received from a member
of the public which serves as the evidentiary basis for the
direcuor 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 Section 8.04.181(b), the county
administrator or his designee may offer in writing 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 cr is u s-.ccessful, then the
matter shall be referred to a hearing under subsection (f)(1) of
this section.
(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 nearing 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)(i) 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 within the time limits set forth by the Food and,
Agricultural Code Section 31621 or anv amendments thereto., The
notice shall advise the owner of the conse-quences 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.
(ii) A hearing may be continued if the hearing officer deems
it necessary and proper or upon a showing of good cause. -
(iii) The time for hearing and the hearing provisions of
subsection (d) (5) (i) of this section shall be staved if mediation
services are offered pursuant to the provisions of subsection
(f)(3) of this section. The time of hearing and the hearing
provisions of this subsection_ shall recommence at the date the
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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 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 or her right to
a hearing and any further appeal under Food and Agriculture Code
Section 31622 and accept all conditions, sanctions and penalties
set forth in Food and Agriculture Code Sections 31641, 31642 and
61643, and Section 8.04.181(k). The County Administrator or his
Desiqnee will mail a waiver form to the doq owner. The waiver
must be siqned by the doq owner and received by the Countv
Designee with 4_ thirtir days from `.he date of aareement to waive or
a hearir_q will be scheduled within thirty (30) days of the
aareement to waive.
(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
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 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.
(k) An owner of a dog found potentially dangerous 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), or dangerous under the provisions of former
Section 8.04.181(c) (3) (Marin Countv Ordinance 3138), 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, or dancrerous, may apply to the director
to remove the animal from the list of vicious animals. The
director shall have the discretion to remove the animal from the
list of vicious or dancrerous animals upon proof of the successful
completion of at least eight weeks 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 the ordinance
codified in this section 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 section 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 the ordinance codified in this section shall be
considered vicious as defined under the provisions governing the
regulation and disposition of vicious dogs. (Ord. 3138 § 3, 1993;
Ord. 3041 § 3, 1990; Ord. 3031 § 3, 1990; Ord. 2969 § 3, 1988)
.:j
Section VI.Publication.
This ordinance shall be and is 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 MARIN INDEPENDENT JOURNAL, a newspaper of
general circulation published in Marin County.
PASSED AND ADOPTED at the regular meeting of the Board of
Supervisors of the County of Marin, State of California, held on the 8th
day of October, 1996, by the following vote:
AYES: SUPERVISORS Harry J. Moore, Annette Rose, John B. Kress
NOES: NONE
ABSENT: SUPERVISORS Gary Giacomini, Harol C. Brn Jr.
CHAIRMAN PRO 'EM
Board of Supervisors
ATTEST:
irk
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