HomeMy WebLinkAboutOrdinance 1677 (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. 1677 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, AMENDING SECTIONS 6.10.010 AND 6.10.050; AND
REPEALING SECTION 6.10.012 OF THE SAN RAFAEL MUNICIPAL 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 17th day
of APRIL, 1995, 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 1st
day of MAY, 1995, by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Zappetini and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAINED: COUNCILMEMBERS: Phillips
WITNESS my hand and the official seal
of the City of San Rafael this
4th day of MAY, 1995.
JEANN AM- 0 CINI, City Clerk
ORDINANCE NO. 1677
AN ORDINANCE OF THE CITY OF SAN RAFAEL
ADOPTING BY REFERENCE THE ANIMAL CONTROL
REGULATIONS AS AMENDED, CONTAINED IN TITLE 8
OF THE MARIN COUNTY CODE; AMENDING SECTIONS
6.10.010 AND 6.10.050; AND REPEALING SECTION
6.10.012 OF THE SAN RAFAEL MUNICIPAL 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 -- Adoption of Countv 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. 3197, 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.
Section 8.04.260 of the Marin County Animal Control Code
("Penalty for violations") is deleted.
DIVISION 2. Section 6.10.012 of the San Rafael Municipal Code
is hereby repealed.
DIVISION 3. Section 6.10.050 of the San Rafael Municipal Code
is hereby amended to read as follows:
Section 6.10.050 -- Penalty for violations,. Any person
violating within San Rafael any of the provisions of Section
8.04.180, 8.04.181, 8.04.240, and 8.04.246 of the Marin County Code
as adopted herein by reference is guilty of a misdemeanor, and upon
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conviction thereof shall be punished by a fine not exceeding five
hundred ($500.00).. dollars, by imprisonment for a period not
exceeding six (6) months, or by both such fine and imprisonment.
Any person violating within San Rafael Section 8.04.179 of the
Marin County Code as adopted herein by reference shall be guilty of
an infraction as provided in Section 19.6 of the Penal Code, and
upon conviction thereof shall be punished by a fine not exceeding
fifty ($50.00) dollars for the first and second offense, and by a
fine not exceeding one hundred ($100.00) dollars for a third and
subsequent offense. Any person violating any other provision of
this Chapter, including Section 6.10.030 set forth above and any
other provisions of Title 8 of the Marin County Code adopted herein
by reference, is guilty of an infraction as provided in Section
19.6 of the Penal Code, and upon conviction thereof shall be
punished by a fine not exceeding fifty ($50.00) for the first
offense, and by a fine not exceeding one hundred ($100.00) dollars
for a second and subsequent offense.
DIVISION 4. 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 5. 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.
'1TTEST :
4VE M. LEONtINI, City Clerk
2
a
ABErp1V J. VO, Ma orr
The foregoing Charter Ordinance No. . 1677 was read and
introduced at a Regular Meeting of the City Council of the City of
San Rafael held on the 17th day of APRIL , 1995, and
ordered passed to print by the following vote to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Zappetini & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Phillips
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
lst day of MAY
(C:\0RDINANC\ANMLREGS.0RD)
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, 1995.
JEAA E M. LEONCINI, City Clerk
uRDINANCE NO. 3197
AN ORDINANCE OF THE BOARD OF SUPERVISORS h S-6 ;
OF THE COUNTY OF MARIN AMENDING
SECTION 8.04.179 OF THE MARIN
COUNTY CODE PERTAINING TO ANIMAL NOISE.
� ,;
The Board of Supervisors of the. County does hereby ordain
as follows:
SECTION I. Section 8.04.179 of the Marin county Code is
hereby amended to read as follows:
8.04.179: Prohibition of habitual ..animal noise.._which
unreasonably disturbs the Deace. (a) Subject to the provisions of
subsections (b), (c), and (d), it shall be unlawful for any person
to suffer or permit any dog, cat, fowl, or other animal to
habitually bark, yelp, howl or create noise in such a manner which
unreasonably disturbs the peace of any person(s).
(b) Any person who shall keep or permit to remain on any
premises, an animal which disturbs the peace of any person in the
manner set forth in subsection (a) shall be guilty of an infraction
for a fixst offense and for a subsequent second offense as provided
in Section 8.04.260(b). Any person found in violation of this
subsection for a third or additional offense shall be guilty of a
misdemeanor. An animal kennel regulated by a use permit under the
provisions of the Marin County Code shall not be subject to the
provisions of this section. This section shall not apply to
customary animal noises of livestock, horses. or other animals kept
or owned for agricultural activities in areas including but not
limited to farms, ranches and stables which are zoned or legally
permitted for such purposes.
(c) Except as otherwise provided in subsection (d), the
NOTE: 1
BACK-UP MATERIAL
ONLY. COPY MARIN
COUNTY ORDINANCE
NO. 3197, adopted
1/2795.
J.M.L.
sheriff upon receipt of a documented complaint affirm'_g that a
violation as declared in this section exists, may notify the owner
or keeper of the offending animal and direct that such violation
be abated. If the sheriff receives a second complaint from any
person within thirty days of the notice of complaint of an
additional violation by the animal, then the sheriff may issue a
citation. Before issuing a citation the sheriff shall obtain a
documented complaint which shall include the identification of the
complainant and information setting forth the basis for the
complaint.
Whenever possible, the sheriff may recommend the services of
County mediation to the complainant and the owner or keeper of the
animal as a means of resolving the animal nuisance noise.
Mediation is voluntary and both parties must agree in writing
within ten business days of the complaint or citation. Mediation
must then be concluded within thirty business days of the agreement
to mediate. If mediation is refused by either party or is
unsuccessful at the end of the thirty business days, then the
direction that the violation be abated shall remain.
(d) The sheriff may cause an animal to be immediately
taken into protective custody by the poundkeeper and/or issue a
citation with a documented complaint if it is determined by the
sheriff after investigation of the complaint and interview of the
complainant and the owner or keeper if he or she can be located,
that the noise created by the animal cannot be abated or quieted
so that it continues to disturb the peace of the complaining
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02 95 09:44 U415 499 3645 COUNTY OF �IARIN 10002 004
person (s) The animal may then be taken into protective custody if
the sheriff determines it can be accomplished without unreasonable
risk of injury or damage to the involved parties, the animal or
private property. if an animal is taken into protective custody,
the sheriff shall immediately provide written notice conspicuously
posted on the property from which the animal was taken, or by
personal service to the owner or keeper. This notice shall include
the conditions under which the animal was taken, how the animal can
be redeemed and the provisions for a hearing under subsection (e).
Within 24 hours, notice shall also be given in accordance with
Section 1.04.190. Where the owner or address 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.
An animal placed under protective custody under this section
may be redeemed by the owner or its keeper provided there is
presented to the poundkeeper proof of the owner's identity and any
required license certificate or license tag or other satisfactory
proof of ownership and by paying the charges provided for under
section 8.04.150. Any animal taken into custody under this
section may be sold or released by the poundkeeper to a person
other than the owner or keeper, if the animal is not redeemed
within thirty days except when seizing agency notifies poundkeeper
that owner is unavailable due to physical absence or otherwise
unable to redeem the animal.
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02.27.95 09:45 %24..
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3645
COUXTY
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(e)
The
owner or
keeper
of an animal
taken into
protective custody 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
S. 04.181(f)(4). The hearing shall be conducted for the purpose of
determining whether the taking of the animal into protective
custody was proper. The hearing shall be held within ten (10)
business days following the taking of the animal into custody
provided such owner or keeper files a written request for a
hearing with the sheriff within five (5) business days following
written notice. The hearing shall be conducted in accordance with
the provisions of Section 8.04.181 (f) (7), (8), (9) and (10).
Unless the hearing officer otherwise determines, the owner or
keeper is liable for all charges related to such taking of the
animal into protective custody.
SECTION II: Section 8.04.260 of the Marin County Code is
hereby amended to read:
8.04.260: Penaltv for violations. (a) Except where
otherwise provided, any person violating any of the provisions of
Sections 8.04.179, 8.04.180, 8.04.181, 8.04.240, 8.04.245 and
8.04.246 of this chapter is guilty of a misdemeanor.
(b) Any person violating any other of the provisions of
this chapter is guilty of an infraction as provided in Section 19.6
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
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02,'27, 95 OBJ: 45 U415 499 3645 COUNTY OF MARI\ 110041 004
hundred dollars.
SECTION III. 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
INDEPENDENT JOURNAL, a newspaper of general circulation published
in the County of Marin.
PASSED AND ADOPTED at a regular meeting of the Board of
supervisors of the County of Marin, State of California, held on
the 24th day of January , 1995, by the following vote:
AYES: SUPERVISORS Harry J. Moore, Harold C. Brown, Jr., John Kress, Annette �cse
NOES : SUPERVISOR Gary Gia c omini
ABSENT: None
xq T -EST; _
Acting Cl"�i']r
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PRESIDENT OF THE B ARD OF SUPERVISORS
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