Chapter 6.36 entitled "Animal Control" in Title 6 of the San Mateo County Ordinance Code as such chapters now exist and as they may hereafter be amended, are hereby referred to, adopted and made applicable within the city. A copy thereof and amendments therefor shall be filed with the city clerk. All references to "unincorporated San Mateo County" shall refer instead to the "city of San Bruno." In case of any other conflicts between Chapter 6.04 of the San Mateo County Ordinance Code and any other provision of this title, the provisions of this title sall prevail.
(Ord. 1707 § 2, 2005; Ord. 1897 § 3, 2021; Ord. 1948, 4/9/2024)
The procedures, rights, and entitlements granted in Sections 6.36.230 through 6.36.380 of the San Bruno Municipal Code do not apply to an animal that is deemed dangerous or vicious or to any other determinations or actions made pursuant to Section 6.36.010 of this chapter.
(Ord. 1787 § 2, 2010; Ord. 1897 § 3, 2021)
A. 
No person, firm or corporation shall keep or allow to be kept on his, her or its premises within the city any live chickens, geese, ducks, turkeys, peacocks, pheasants, doves, pigeons, squabs (except as permitted by Section 6.36.290 below), or similar fowl; nor any hares, rabbits, monkeys, or similar animals; nor any lions, tigers, bears, snakes or other animals which are normally wild and only uniquely a pet; nor any number of specified animals above the number permitted by subsection B below; except as permitted by this chapter or otherwise provided.
B. 
A permit shall not be required for the keeping of not more than four cats; two dogs; or two household pets of any other one kind over the age of four months, including but not exceeding two in number of each of the following fowl or rabbits: chickens, roosters, ducks, turkeys, pigeons, doves, squabs (except as permitted by Section 6.36.290), similar fowl or rabbits.
1. 
Any rooster or rooster kept pursuant to the above provision, over the age of four months may not be kept unless such rooster(s) is decrowed.
C. 
There shall be no limit on the number of household pets of less than four months of age that may be kept or maintained, provided they are offspring of the household pet at the dwelling.
(Ord. 1483 § 2, 1987; Ord. 1897 § 3, 2021)
A. 
Every person, firm or corporation keeping any of the animals or birds enumerated in Section 6.36.230 shall first make application to the city clerk for, and be issued a permit by the city.
B. 
All applications for such permits shall be in writing and shall give the following information:
1. 
Name of applicant;
2. 
Address of applicant; and
3. 
Number and kinds of animals or birds kept or proposed to be kept by applicant and the location of their keeping.
(Ord. 1483 § 2, 1987; Ord. 1897 § 3, 2021)
Immediately upon receipt of any such application, the city clerk shall notify the director of planning and building, or designated representative, who shall institute the inspection the premises and submit his or her findings to the city clerk. If the director of planning and building, or designated representative finds that the premises where said animals or birds are proposed to be kept is maintained in a clean and sanitary condition and they conform to the other requirements of this section and any other sections of this chapter, the city clerk shall issue a permit for the keeping of said animals and birds. Such permit shall be renewed annually.
(Ord. 1483 § 2, 1987; Ord. 1897 § 3, 2021)
If the director of planning and building or designated representative finds that the premises inspected does not meet the requirements of this section or of any other sections of this chapter, or that the keeping of the animals and birds listed on the application would constitute a public nuisance, or if said animals or birds would jeopardize the health of persons or expose persons or other animals to bodily injury if the animals or birds listed on the application were to escape their enclosure and run or fly at large, the city clerk shall not issue a permit.
(Ord. 1483 § 2, 1987; Ord. 1897 § 3, 2021)
The director of planning and building's determination recommending that the permit be denied shall be subject to an appeal to the city council. Notice of such appeal shall be filed with the city clerk within ten calendar days after the denial of said permit. Upon failure to file such notice within the ten-day period, the determination of the director of planning and building shall be final and conclusive.
(Ord. 1483 § 2, 1987; Ord. 1897 § 3, 2021)
A. 
The city of San Bruno, upon mailed notice to the permit holder, may revoke any permit issued pursuant to this division for failure of the permit holder to comply with any provisions of this chapter, as well as failure to comply with any conditions imposed upon the issued permit pursuant to Section 6.36.285, below.
B. 
Subject to notice and explanation of reason for permit revocation, a permittee subject to revocation of his or her permit is entitled to appeal such determination to the city council pursuant to the procedure outlined in Section 6.36.270, above.
(Ord. 1483 § 2, 1987; Ord. 1897 § 3, 2021)
A. 
No person shall allow or permit any animal mentioned in Section 6.36.230 to run, crawl or fly at large. Said animals shall be confined to an escape proof enclosure, cage, house, coop with runway or aviary. When not so confined, said animals shall be kept under direct physical control by their owner or keeper by means of a leash, tether or bridle, and they shall not be allowed or permitted by said owner or keeper to constitute a public nuisance by interfering with the comfortable enjoyment of life or property by any considerable number of persons.
B. 
Said enclosures, houses, coops or runways and aviaries shall at all times be maintained in a clean and sanitary condition by said owner or keeper, shall be cleaned once a week, or oftener if necessary, and shall at all times be kept free of offensive odors.
C. 
No part of any such enclosure, cage, house, coop, runway or aviary shall be less than forty feet from any street, nor less than ten feet from the side lines of any adjacent lot, and no such enclosure, cage, house, coop, runway or aviary shall be less than forty feet from any dwelling or place of business unless such dwelling or place of business is occupied by the person, company or corporation owning or renting the property upon which the same is situated and maintaining the animals hereinabove mentioned.
(Ord. 1483 § 2, 1987; Ord. 1897 § 3, 2021)
A. 
In issuing a permit pursuant to this division, the city of San Bruno may impose reasonable conditions upon said permit, including, but not limited to, conditions concerning the maintenance of any such permitted animals, the enclosure or caging of such animals, limitation in the number of such animals, noise conditions, and any other such conditions as the issuing department or body feels appropriate.
B. 
Permits issued pursuant to this chapter shall provide that, as a condition for issuance, the premises upon which an animal is maintained shall be opened at any reasonable hour for inspection by the director of planning and building, or designated representative, and that said premises shall be surrendered for inspection by the permittee upon request of the chief of police, or designated representative, or the administrator of the animal control program, or designated representative.
(Ord. 1483 § 2, 1987; Ord. 1897 § 3, 2021)
A. 
The keeping and raising of racing or homing pigeons may be allowed in conjunction with any single-family residence within the city, subject to a permit approved by the director of planning and building and the administrator of the animal control program, or designated representative, whose decisions are subject to appeal to the planning commission of the city of San Bruno. Conditions of the permit shall include, but not be limited to, the following:
1. 
No person shall keep, maintain or harbor pigeons unless pigeons are kept or maintained in an approved pigeon loft as is defined in this section.
2. 
Such pigeon loft shall contain no more than fifty homing or racing pigeons, including squab. Each pigeon shall wear a metal or plastic leg band to identify the owner or keeper thereof. The owner shall maintain a record of the age and date of acquisition of such pigeons and such record shall be open for inspection by the administrator of the animal control program, or designated representative.
3. 
The homing or racing pigeons kept in a pigeon loft may not be allowed by the owner or keeper to perch or linger on buildings or property of others in the vicinity of the pigeon loft. The pigeon loft shall be maintained in a clean, sanitary and wholesome manner at all times and shall be subject to periodic inspection by the administrator of the animal control program, or designated representative.
4. 
Pigeon lofts shall be of a size sufficient to house the number of pigeons contemplated. In no case shall there be more than one pair of pigeons per two and one-fourth square feet of loft space. Lofts shall not be located any closer to any residence than twenty-five feet on an adjacent parcel, within fifty feet of the front of the property line nor within five feet of any property line.
B. 
As used herein, "pigeon loft" means only such structures as approved by the city building inspector for the keeping of no more than fifty homing or racing pigeons as are duly approved by permit as provided in this section. Application for a pigeon loft shall be made on a form prescribed by the building department and shall be accompanied by the established fee.
C. 
Appeals. Any person may appeal the granting or denial of a permit to keep or house pigeons. Such appeal must be made in writing to the planning commission, by submitting such appeal to the city clerk. Revocation of a permit may be appealed in the same manner within fifteen calendar days of the action taken on the permit.
D. 
The planning commission shall deny the granting or restoration of a pigeon permit unless it finds that the building and other criteria as set forth in this section have been met, and that such use is not detrimental to the health, safety and welfare of the applicants and adjoining residents and property owners.
E. 
City Council Findings. The city council finds and declares that the keeping, raising, maintaining or harboring of pigeons in any manner inconsistent with this section is a nuisance and authorizes the summary abatement of such by the officials charged with the enforcement of this section.
(Ord. 1483 § 2, 1987; Ord. 1897 § 3, 2021)
No persons shall keep or allow to be kept within the city any swine, bull, cow, calf, horse, mare, colt, sheep, goat, or any other livestock of any description whatsoever. Such prohibition does not apply to charitable and educational organizations otherwise lawfully maintaining such prohibited animals within any agricultural, industrial or open space zone of the city of San Bruno.
(Ord. 1483 § 2, 1987; Ord. 1897 § 3, 2021)
No person shall keep, maintain, permit or allow an animal or number of animals upon his or her property or premises when said animal(s) constitutes a public nuisance as defined by California Civil Code Section 3480; and no person occupying or leasing the property or premises of another shall keep, maintain or allow an animal or number of animals upon said property or premises when it constitutes a public nuisance.
(Ord. 1483 § 2, 1987; Ord. 1897 § 3, 2021)
In the event animal(s) are kept so as to constitute a public nuisance, the city of San Bruno and/or administrator of the animal control program, or designated representative, and in the case of a health nuisance, the San Mateo County department of environmental health shall gather competent evidence to show that a public nuisance exists. Competent evidence shall include, but not be limited to:
A. 
Witnesses;
B. 
Declarations; and
C. 
Photographs.
(Ord. 1483 § 2, 1987; Ord. 1897 § 3, 2021)
The city manager or designated representative, shall review the evidence designated in Section 6.36.320, and hear the presentation of the animal(s) owners and/or keeper. After presentation of the evidence, the city manager or designated representative may declare the keeping of said animal or animals a public nuisance, and order it abated by impounding said animal(s), pursuant to Division 6 of this chapter, and any permit issued by the city for its keeping shall automatically be revoked and become null and void.
(Ord. 1483 § 2, 1987; Ord. 1897 § 3, 2021)
Any animal owner aggrieved by the decision of the city manager or designated representative that an animal or animals so declared a public nuisance are not so, may appeal that decision to the San Bruno city council by filing a written notice, including the contentions upon appeal, with the city clerk within ten calendar days of the date of the decision of the city manager. The city council shall thereafter conduct a public hearing to review the determination made.
(Ord. 1483 § 2, 1987; Ord. 1897 § 3, 2021)
The city clerk may post notice of the public hearing concerning the appeal of the determination, or as an alternative to posting notice of the hearing when objections will be heard, the city clerk shall mail written notice of the proposed abatement to the occupants of the premises upon which the public nuisance exists, as well as to interested individuals and adjoining residents and/or property owners. Said notice shall be mailed at least five days prior to the time for hearing objections and shall be substantially in the form provided in subsection B of Section 6.36.360.
(Ord. 1483 § 2, 1987; Ord. 1897 § 3, 2021)
A. 
The heading of the notices shall be "NOTICE TO ABATE NUISANCE" in letters not less than one inch in height.
B. 
The notice shall be substantially in the following form:
"Notice is hereby given that on the _______ day of _______, 20____, the City Council of the City of San Bruno shall hear all testimony and review all evidence concerning the maintenance of animals upon the premises located at, and maintained by:
____________________________________
(street address)
____________ in San Bruno, California,
(name)
It has been preliminary determined by City staff that the maintenance of these animal(s) constitutes a public nuisance which must be abated by the removal of said animals. Otherwise, the City will remove, impound and subject them to possible destruction pursuant to the San Bruno Animal Control Ordinance."
"All persons having an interest in the proposed removal, impounding and destruction of said animal(s) are hereby notified to attend a meeting of the City Council of the City of San Bruno to be held on the _______ day of _______, 20____, at the Council Chambers, City Hall, 567 El Camino Real, San Bruno, California, at the hour ____________ o'clock p.m., or as soon thereafter as he or she may be heard, and show cause, if any, he or she has, why said animals should or should not be removed, impounded and destroyed.
"Dated this _______ day of _______, 20______.
CITY OF SAN BRUNO
BY _______"
(Ord. 1483 § 2, 1987; Ord. 1897 § 3, 2021)
At the time stated in the notices, the city council shall hear and consider all testimony concerning the proposed removal, impounding and destruction of the animal(s) constituting the public nuisance. It may continue the hearing from time to time.
(Ord. 1483 § 2, 1987; Ord. 1897 § 3, 2021)
If objections have not been made or after the city council has disposed of this matter, it may order abatement of the nuisance by having the animals removed and impounded and destroyed in a proper case pursuant to Division 6 of this chapter. The order shall be made by motion or resolution.
(Ord. 1483 § 2, 1987; Ord. 1897 § 3, 2021)