HomeMy WebLinkAboutOrdinance 1600 (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. 1600 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 3041)"
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 7th day of
January , 19 91 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 22nd day of January 19 9L by the following
vote, to wit:
AYES: COUNCILMEMBERS : Boro, Brei ner, Shippey, Thayer & Mayor Mul ryan
NOES: COUNCILMEMBERS : None
ABSENT: COUNCILMEMBERS: None
WITNESS my hand and the official seal
of the City of San Rafael this
23rd day of January
1991.
�
JEANNE • EON NI, ity Clerk
ORDINANCE NO. 1600
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 3041)
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 3041,
and specifically contained in Marin County Code Sections as
Chapters 8.04.181, 8.04.182, and 8.04.183, including all current
amendments thereto, are adopted by reference, and shall be in full
force and effect within the City of San Rafael.
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.
ATTEST:
JE ISE M. LEOITCINI, City Clerk
1
WR CE
E. MULRYAN, Mayor
The foregoing Charter Ordinance No. 1600 was read and
introduced at a Regular Meeting of the City Council of the City of
San Rafael held on the 7th day of January , 1991, and
ordered passed to print by the following vote, to wit:
AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan
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
22nd day of January , 1991.
JENNE M. LEONCINI� City Clerk
r
(01 , NO. 3041)
(Passed 11-90)
ORDINANCE NO.
AN ORDINANCE OF THE BOARD OF SUPERVISORS
OF THE COUNTY OF MARIN AMENDING SECTIONS
8.04.181, 8.04.182, and 8.04.183 TO THE
MARIN COUNTY CODE PERTAINING TO RESTRAINT
OF ANIMALS AND POTENTIALLY DANGEROUS AND
DANGEROUS ANIMALS
The Board of Supervisors of the County of Marin does hereby
ordain as follows:
Section I. Section 8.04.181 is hereby amended to read:
118.04.181. Dangerous and potentially dangerous animals -
Definitions - Sanctions - Impoundment.
(A) Purpose. This section is intended to reduce the
risk of attacks, bites, or other injuries by dogs and other
animals.
(B) Definitions.
(1) "Potentially dangerous animal" means either:
(a) An "aggressive" animal which is an animal
that chases or approaches any person or domestic animal,
anywhere, other than on the property of the owner or custodian,
in a menacing fashion or apparent attitude of attack including,
but not limited to, behavior such as growling or snarling; or
(b) An "uncontrolled" animal which is an
animal that, on three separate occasions within a twelve-month
period, has been observed uncontrolled while off its owner's or
custodian's premises, by the Director, or which has been properly
impounded three times within a twelve-month period by the
Director.
(2) "Dangerous animal" means:
(a) An animal which has demonstrated a
propensity, tendency, or disposition to attack, to bite, to cause
severe or repeated injury, or to threaten the safety of human
beings or domestic animals;
human being;
(b) An animal which has severely injured a
(c) An animal which, while off its owner's
property, has severely injured a domestic animal;
(d) An animal, previously designated as
potentially dangerous, which, after its owner has been notified
of such designation, is maintained in violation of any other
provision of this chapter;
(e) An animal which has been trained to fight
or which is owned or harbored for this purpose.
(3) Mitigating Circumstances. "Mitigating
circumstances" shall be a factor in consideration of whether an
animal is potentially dangerous or dangerous, but will be weighed
with other circumstances in the making of that determination,
including, but not limited to, circumstances such as, the nature
of the trespass, and the age of the trespasser or teaser.
Mitigating circumstances shall not be considered if the animal
has been trained to attack in a manner which will violate any
other provision of law. Any of the following circumstances shall
be considered as a mitigating circumstance:
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(a) If threat, injury, or damage is sustained
by a person who, at the time, was (i) willfully trespassing upon
the premises occupied by the owner or custodian of the animal, or
(ii) was teasing, provoking, tormenting, abusing, or assaulting
the animal, or (iii) was engaged in the commission of a crime;
(b) If threat, injury, or damage is sustained
by another animal who at the time was teasing, provoking,
tormenting, abusing or assaulting the animal or has, in the past,
teased, tormented, abused or assaulted the animal.
(c) If the animal acts to defend an attack to
itself or its owner from a person or other animal.
(4) "Proper enclosure of a dangerous animal" means
a dangerous animal shall be securely and humanely confined on the
owner's property in an enclosed and locked (with a key or
combination lock) pen or structure, suitable to prevent the
animal from escaping or the entry of unauthorized persons. The
pen or structure shall have secure sides and a secure top which
protects the animal from the elements. All sides must be
embedded into the ground no less than two feet unless the bottom
is adequately secured to the sides. The structure must be kept
in a clean and sanitary condition and provide adequate light and
ventilation. The enclosure shall be not less than five feet by
ten feet, and not less than six feet high.
(5) "Owner" means any person, other than Marin
County Animal Services, who possesses, harbors, keeps, has an
interest in, or has control or custody of an animal. In the case
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of a minor, the parents or guardians of the minor shall be
considered to be the "owner."
(b) "Director" means Executive Director of the
Marin County Animal Services or any person authorized or
designated by the Director to act on his/her behalf.
(7) "Marin County Animal Services" means the
agency that provides the County and the Cities of Marin with
enforcement of the provisions of the animal control chapter.
(C) Violations and Sanctions.
(1) Violations. A prima facie failure to comply
with Section 8.04.175 shall be established by:
(a) Observation by the Director; or
(b) The impoundment of the dog by the
Director; or
(c) A complaint sworn by a person or persons
who observed the proscribed behavior.
(2) Impoundment. In cases in which a dog is
impounded, the Director shall:
(a) Order an immediate correction;
(b) Notify the owner that three violations of
Sections 8.04.175 in a twelve-month period will cause the
inclusion of the dog in the category of potentially dangerous.
Section II. Section 8.04.182 is hereby amended to read:
"8.04.182. Potentially dangerous animals - Determination -
Sanctions.
(A) An animal which exhibits any behavior specified in
Section 8.04.181(B)(1) shall, absent mitigating circumstances, be
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deemed to be a potentially dangerous animal. This status may
result from:
(1) Observation by the Director; or
(2) Failure to comply with Sections 8.04.175 on
three separate occasions within a twelve-month period; or
(3) A sworn complaint signed by a person or
persons who observed the animal's behavior.
(B) A hearing on whether an animal shall be deemed
potentially dangerous shall be conducted in the following manner:
(1) The Director shall provide written notice to
the owner of the specific behavior of the animal alleged in the
complaint and the date upon which a hearing will be held to
consider the complaint. The hearing shall be held within fifteen
days of the notice, unless the animal has been seized, in which
case the hearing shall be conducted not later than ten days after
the seizure. The notice shall also advise the owner of the
consequences of a finding of "potentially dangerous."
(2) The Director may designate a hearing officer
who shall be an animal control officer other than the one who
responds to the initial complaint.
(3) At least one of the complainants or the
director or his or her designee in the matter must appear and
testify at the hearing or the complaint shall be dismissed.
(4) If the owner fails to appear at the hearing,
the hearing shall nevertheless proceed, and an appropriate order
shall be issued.
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(5) 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.
(6) The hearing officer shall issue a written
determination within seven days after the hearing is completed.
(7) The decision of the hearing officer may be
appealed to a hearing board, provided the appeal is made in
writing to the Director within ten days after the hearing
officer's determination. The hearing board shall be convened
under the provisions of Section 8.04.183(B)(5). The hearing
shall be conducted under the provisions of Section 8.04.183(B)
(3), (4), and (6).
(8) The owner may waive his right to a hearing.
(C) If an animal is found to be potentially dangerous,
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.
(D) If the owner has no additional violations of these
sections or any other provisions of Title 8 of the Marin County
Code within a twelve-month period from the date of designation as
a potentially dangerous animal, as indicated on the records of
the appropriate agency, the Director shall remove the animal from
the list of potentially dangerous animals, upon application of
the owner and upon proof of the successful completion of at least
eight weeks of formal obedience training, other similar evidence
of training, or other rehabilitative efforts.
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(E) Sanctions for Potentially Dangerous Animals.
(1) All potentially dangerous animals shall be
properly licensed and vaccinated. The licensing authority shall
include the potentially dangerous designation in the registration
records of the animal. The owner shall pay an annual twenty-five
dollar potentially dangerous animal registration fee in addition
to the regular licensing fee.
(2) A dog determined a potentially dangerous
animal, while on the owner's property, shall, at all times, be
kept indoors, or in a securely fenced, locked yard from which the
animal cannot escape, and into which children cannot enter. A
dog determined a potentially dangerous animal may be outdoors on
the owner's premises when there is no secured fence and locked
yard from which the animal can escape or into which children can
enter, or off the owner's premises only if it is restrained by a
substantial chain or leash, and if it is under the control of a
responsible adult. All other animals determined potentially
dangerous shall comply with the order issued specifying their
confinement and control deemed appropriate by the hearing officer
or board for their particular species.
(3) The owner of a potentially dangerous animal
shall notify and provide proper verification to the Director, in
writing, within 24 hours if the animal dies or is sold,
transferred, permanently relocated within or permanently removed
from the county.
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Section III. Section 8.04.183 is hereby amended to read:
118.04.183. Danqerous animals.
(A) An animal which exhibits any behavior described in
Section 8.04.181(B)(2), absent mitigating circumstances, may be
determined to be a dangerous animal. The status shall be
established after a hearing as hereinafter provided. Proceedings
may be instituted by:
(1) Observation by the Director; or
(2) A complaint sworn by a person or persons who
observed the behavior complained of; or
(3) Any failure to comply with the provisions of
this chapter subsequent to a finding that the animal is
potentially dangerous.
(B) Hearings for classification as dangerous shall be
conducted as follows:
(1) The owner shall be given written notice by
certified mail or personal service of the facts which are the
basis of the complaint and of the restrictions which will apply
to the animal if it is classified as a dangerous animal.
(2). The owner may waive his right to a hearing by
filing a written waiver with the Director, whereupon the Director
shall make the findings and apply the sanctions provided in this
section.
(3) The hearing shall be set not less than fifteen
days after the notice was mailed to the owner by certified mail
or the owner was personally served, unless the animal has been
seized, in which case the hearing must be conducted not later
than ten days after the seizure.
(4) If the owner fails to appear at the hearing,
the hearing shall nevertheless proceed, and an appropriate order
shall be issued.
(5) The public hearing shall be conducted before a
hearing board comprised of three persons, selected by the County
Administrator or his designee from a panel not to exceed fifteen
persons designated by the board of supervisors from nominees
submitted to it by each of the following organizations or groups:
(i) Marin County dog training clubs or kennel clubs, (ii) Marin
County law enforcement agencies, and (iii) a Marin County
organization representing the veterinary community. Designees
shall be appointed annually to a one-year term, by the Marin
County Hoard of Supervisors. Each hearing board shall consist of
one designee from each of the aforementioned organizations or
groups.
(6) The hearing board shall consider all relevant
responsible evidence presented at the hearing. The formal rules
of evidence shall not apply. The hearing board shall also
consider circumstances of mitigation, as well as the owner's and
animal's history. If the hearing is held as a result of a sworn
complaint, at least one of the complainants shall appear and
testify at the hearing or the complaint shall be dismissed. The
board shall make a written determination within fifteen days
after the hearing is concluded, unless the animal has been
seized, in which case the determination shall be made in seven
L•1
days. The board may find after considering all of the evidence
whether the animal is to be determined "dangerous" or
"potentially dangerous." If the board determines that the animal
is potentially dangerous then the sanctions provided under
Section 8.04.182(E) shall apply. If the board determines that
the animal is dangerous then the sanctions provided under Section
8.04.183(C) shall apply. The decision of the board shall be
final.
(C) Sanctions for dangerous animals.
(1) Except as hereinafter provided under the
provisions of 8.04.183(C)(2) the following sanctions for animals
determined dangerous shall apply:
(a) If an animal causes death or severe injury
to a person, the board may order the animal humanely euthanized
either by Marin County Animal Services or by a licensed
veterinarian. Proof of euthanasia shall be provided to the
Director within three (3) days of the occurrence. An animal not
ordered euthanized under this subsection shall nonetheless be
subject to the sanctions provided in subsections (b) through (k)
of this section.
(b) The dangerous animal shall be properly
licensed and vaccinated. In addition, the licensing authority
shall include a designation of dangerous in the registration
records of such animal, and the owner shall pay an annual
fifty -dollar dangerous animal registration fee, in addition to
the regular license fee.
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(c) The owner shall, at his/her own expense,
have the dangerous animal registration number assigned to a dog
determined dangerous permanently 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 person trained and authorized 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.
(d)- An owner of a dangerous animal shall,
within ten days of such determination, present said animal at
Marin County Animal Services and allow photographs and
measurements of the animal to be taken for purposes of
identification.
(e) A dog determined dangerous shall be
securely confined in an enclosure as described in Section
8.04.181(B)(4) or in the dwelling while on the owner's or
custodian's property. The owner shall conspicuously display
signs with a symbol warning of the presence of a dangerous dog.
The signs shall be obtained from Marin County Animal Services, at
the owner's expense.
(f) While off the owner's premises, a dog
determined a dangerous animal shall: (i) at all times be
restrained by a substantial chain or leash not exceeding six feet
in length, held by and under the control of a responsible adult;
and (ii) the dog shall also wear a muzzle, approved by Marin
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County Animal Services if it has inflicted injury by biting with
no mitigating circumstances. If there are mitigating
circumstances, a muzzle may nonetheless be required, if it is
determined appropriate to prevent biting, snarling, threatening,
or assuming a posture of attack upon other persons or animals.
(g) A dog determined a dangerous animal shall
be spayed or neutered, at the owner's expense, within thirty days
of a dangerous determination.
(h) Any animal other than a dog which is
determined dangerous may also be subject to the sanctions imposed
under Sections 8.04.183(C)(1)(c)(e) and (g) and any other
sanctions applicable to the registration, confinement, control,
restraint, muzzling, spaying or neutering of the animal which the
board under the circumstances may deem appropriate to that
animal's particular species.
(i) Inspection. The Director after notice and
subject to any requirements governing inspection warrants, or
without notice to the owner under exigent circumstances for
health or safety, is authorized to make inspections he/she deems
necessary to insure compliance with these provisions.
(j) Notification of Change of Status. The
owner of a dangerous animal shall notify Marin County Animal
Services immediately if said animal is loose, unconfined, has
attacked another animal or human being, or has died. A dangerous
animal shall not be sold, bartered, given away, or placed in a
new home without prior notification of and approval by Marin
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County Animal Services. Any new owner must comply with the
requirements of this section.
(k) Time Limit to Meet Requirements. All
requirements imposed under Section 8.04.183(C)(1)(e)(f) and (i)
shall be satisfied immediately upon notification of the dangerous
finding. All requirements imposed under Sections
8.04.183(C)(1)(a)(b)(c) and (g), must be satisfied within thirty
days of the dangerous finding. Satisfactory proof of compliance
must be provided to Marin County Animal Services. If all
requirements for owners of dangerous animals are not satisfied
within these specified time limits, or the owner is unable or
unwilling to implement them, the animal shall be seized and held
by Marin County Animal Services pending the outcome of a hearing
conducted in accordance with subsection (B) of this section. At
the conclusion of the hearing, the hearing board shall determine
whether the animal shall be returned to the owner, or placed in
the custody of Marin County Animal Services which agency shall
determine whether the animal shall either be humanely euthanized
or placed with another owner.
(2) A dog determined dangerous under the
provisions of Section 8.04.181(B)(2)(d) shall be subject to
sanctions imposed under Section 8.04.183(C)(1)(a) through (j)
except Section 8.04.183(C)(1)(f)(2). All animals other than dogs
which are determined dangerous under the provisions of Section
8.04.181(B)(2)(d) shall be subject to the sanctions imposed under
Section 8.04.183(C)(1)(a),(b),(d) and (h) except such animal
shall not be required to wear a muzzle. If the owner has no
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additional violations of any of the provisions of these sections,
or any other provisions of Title 8 of the Marin County Code,
within a twelve-month period from the date of designation as a
dangerous animal or dog under the provisions of Section
8.04.181(B)(2)(d), as indicated on the records of the appropriate
agency, the director shall remove the animal from the list of
dangerous animals, upon application of the owner and upon proof
of the successful completion of at least eight weeks of formal
obedience training, other similar evidence of training, or other
rehabilitative efforts. This subsection shall apply to all
animals previously designated as dangerous animals under the
provisions of Section 8.04.181(B)(2)(d).
(D) Dogs and Other Animals Previously Determined
Dangerous and Required to Wear a Muzzle. The hearing board shall
review all determinations made prior to the effective date of
this subsection where an animal or dog was determined dangerous
and required to wear a muzzle. The hearing board shall modify
any previous determination which does not conform to the
provisions authorizing or limiting muzzling under Sections
8.04.182(C)(1)(f) and 8.04.183(C)(2).
The modification of any previous determination shall be
limited to the determination of whether the animal or dog should
remain muzzled, and such determination shall not affect or alter
the remaining provisions of the board's previous determination
that the animal or dog is dangerous, or the imposition of any
sanctions other than muzzling of the animal or dog. In cases
where the hearing board has discretion to determine whether an
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animal or dog should or should not remain muzzled and determines
that a dangerous animal or dog shall remain muzzled, then its
owner shall be given written notice by certified mail or personal
service of an opportunity to be heard on whether the animal or
dog should remain muzzled. An owner must request a hearing
within ten (10) days of the mailing or personal service of the
notification. Such hearing shall be conducted in accordance with
Section 8.04.183(B).
(E) Confinement/Seizures/Impoundment.
(1) If the Director has probable cause to believe
an animal may be designated as dangerous under this section, the
owner is unwilling or unable to correct the situation
immediately, and the animal poses an imminent threat to the
safety of persons or domestic animals, the animal can be seized.
(2) Pending the outcome of hearing or appeal or
during the period of time the owner requires to comply with any
requirements imposed hereunder, the animal shall be kept by Marin
County Animal Services at the owner's expense, unless the owner
can show cause to the satisfaction of the director that the
animal can be humanely and securely confined at home or with a
veterinarian designated by the owner. If the Director determines
upon a showing of cause that the animal may be humanely and
securely confined at home or with a veterinarian designated by
the owner, then the Director shall issue an order allowing such
confinement. The owner shall comply with all provisions of the
order.
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(3) Any animal designated dangerous shall be
immediately impounded by Marin County Animal Services if:
maintained;
(a) The animal's registration is not properly
(b) Inspection by the Director reveals that
the animal is not maintained in a required enclosure;
(c) The animal is outside of the dwelling of
the owner or the defined enclosure and not under the physical
restraint and control of a responsible adult;
(d) Even if the owner is in compliance with
the regulations for keeping such a dangerous animal, if the
animal attacks, bites, causes injury, or otherwise threatens the
safety of a human being or domestic animal then the animal shall
be impounded and shall be kept by Marin County Animal Services
pending the outcome of a hearing, conducted in accordance with
subsection (B) of this section. At the conclusion of the
hearing, the hearing board shall determine whether the animal
shall be returned to the owner, or placed in the custody of Marin
County Animal Services which agency shall determine whether the
animal shall either be humanely euthanized or placed with another
owner.
(4) A keeping charge in the same amount as
provided under Section 8.04.050 for the impound and quarantine of
animals at the expense of the owner shall be assessed against the
owner of any animal for each day during which the animal is
impounded or held by the Director under the provisions of this
section. An animal held under the provisions of this section
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shall not be released until the owner pays all charges as
specified in Section 8.04.050. If the owner refuses to pay such
charges, the animal shall be treated as unredeemed by the owner,
and disposed of pursuant to Section 8.04.130. Disposal of the
animal does not release the owner from his/her responsibility to
pay the keeping charges.
SECTION IV. Publication. This ordinance shall be and is
hereby declared to be in full force and effect 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 day of March, 1990, by the following vote:
AYES:
NOES:
ABSENT:
ATTEST:
Clerk
CHAIRMAN OF BOARD OF SUPERVISORS
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