The following words and phrases, when used in this chapter shall
have the meaning set forth below:
means any person designated as the animal control program
manager for the county, as well as the head of the county's animal
control contractor and their duly authorized officers or deputies.
In the event the county has no animal control contractor to provide
animal control officers, or in cases of emergency in which additional
animal control officers are needed, "animal control officer(s)" may
include persons so designated by the animal control manager.
means that program established by the county and participating
cities, and the program's animal control contractor(s), if any,
which contractor is specifically charged with regulating and enforcing
laws dealing with animal control within the participating jurisdictions.
Animal control program includes the licensing program.
means that person employed by the county to oversee the animal
control program or designee.
means a San Mateo County facility operated by the county,
or by another public entity, an accredited, tax-exempt humane non-profit
organization contracted with the county, or a for-profit business
contracted with the county for the purpose of impounding, sheltering,
adopting, or euthanizing seized, stray, distressed, homeless, abandoned,
or unwanted animals.
means any person 18 years of age, or older, who has assumed
responsibility for the care, custody, or control of an animal(s).
means any animal, except a trained animal assisting a peace
officer engaged in law enforcement duties, that constitutes a danger
to persons or animals, and/or demonstrates any of the following behavior(s):
Behavior that results in bodily harm that is less serious than
a "severe injury," or constitutes a substantial threat of bodily harm
to a person; or
An attack on another animal which results in an injury that
is sufficient to require veterinary care even if not received.
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An animal which has been declared by an out of this county jurisdiction
as "potentially dangerous," "dangerous," "vicious," or any other similar
designation, may be deemed a dangerous or vicious animal for the purposes
of this chapter, as determined by an animal control officer.
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means that person so designated by the county of San Mateo.
means any person who is qualified and appointed pursuant
to California Corporations Code Section 14502, and who is an employee
of the county and designated as such by the county or an employee
of a society for prevention of cruelty to animals or humane society
that has contracted with the county of San Mateo to provide animal
control services.
means that program within San Mateo County Health Department,
including, but not limited to, any county contractor specifically
charged with regulating and selling animal licenses in the county
of San Mateo.
means any person 18 years of age or older who:
means any individual, partnership, corporation, organization,
trade or professional association, firm, limited liability company,
joint venture, association, trust, estate, or any other legal entity,
and any officer, member, shareholder, director, employee, agent, or
representative thereof.
means any animal defined as such by federal or state law.
means any physical injury to a human caused by an animal
attack that involves tooth derived muscle tears, disfiguring wounds
or laceration(s), multiple bites requiring sutures, broken bones and/or
requires corrective surgery.
means any animal, except a trained animal assisting a peace
officer engaged in law enforcement duties, which meets any or all
of the following criteria:
Any animal that, at the time of the attack, is already designated
as a dangerous animal and/or is the subject of a dangerous animal
permit, and which is found to have engaged in any of the following:
Any animal that inflicts severe injury to or kills a person.
Any animal which cannot be safely maintained with a dangerous
animal permit.
Any animal designated by another governmental jurisdiction as,
"dangerous", "vicious", or any other similar designation, if that
prior designation is based on behavior which would meet the definition
of vicious animal under this chapter, as determined by an animal control
officer.
(Ord. 2022, 2/5/2024)
(a)
The animal control program is responsible for the enforcement
of this chapter.
The duties of the animal control program shall include, but
not be limited to, the following:
(1)
Provide animal control, sheltering services, and a rabies control
program to carry out and enforce all provisions of this chapter and
California Health and Safety Code Section 121690, and keep such records
as may be required by law or contract.
(2)
Enforce the provisions of this chapter and all applicable state
and local laws relating to the care, treatment, and impounding of
animals, and specifically to issue citations and to make arrests for
violations of the provisions of this chapter and related state laws,
to the extent authorized by law.
(3)
Impound animals found to be in violation of this chapter in
the interest of protecting public health and safety.
(4)
Investigate animals pursuant to this chapter or applicable state
law and, if deemed appropriate, designate any such animals as dangerous
or vicious pursuant to this chapter.
(5)
Impound animals which are in imminent or ongoing danger, or
which are in need of safekeeping in order to protect the health and
safety of the animal.
(6)
Impound animals that are causing a threat to public safety.
(7)
Where authorized under the law, to enter upon any premises upon
which any animal is kept in order to seize or impound of any animal
if reasonable cause exists to believe that such animal is being kept
or has behaved in violation of the provisions of this chapter.
(8)
To remove and dispose of the carcass of any animal(s) found
on any public right of way, except freeways or other areas maintained
by Caltrans.
(9)
Quarantine animals under the direction of the County Health
Officer to ensure public health and safety.
(10)
Euthanize and/or dispose of animal(s) humanely and in accordance
with the law.
(11)
Place for adoption, when appropriate, properly impounded animals
if such animals are not redeemed after due notice to known Owners
in accordance with the law.
(12)
Provide and hold vaccination clinics in strategic locations
throughout the county pursuant to Health and Safety Code Section 121690.
(13)
Provide or make available at low cost, spay/neuter surgeries
to dogs, cats, and rabbits.
(14)
Provide for issuance of an animal license for a period not to
exceed the term of the anti-rabies vaccination, as provided by state
law.
(15)
To collect any fees or charges provided for in this chapter
for the licensing, impounding and/or keeping of any animal, or for
the enforcement of this chapter.
(b)
Animal control officers qualified under Penal Code Section 830.9,
who are either employees of the county designated as such by the county,
or employee(s) of and designated as such by a society for prevention
of cruelty to animals or humane society which has contracted with
the county to provide animal control services, shall have the authority
to issue citations and/or notices to appear in court, and obtain and
execute search warrants to the maximum extent allowed by law, for
violations of state and local animal control laws. Animal control
officers shall have the authority provided by state law including,
but not limited to, that described by Penal Code Section 830.9. Animal
control officers must complete Penal Code Section 832 training.
(c)
Those employees of a society for prevention of cruelty to animals
or humane society under contract with the county to provide animal
control services, who have been appointed and qualify as humane officers
under California Corporations Code Section 14502, or its successor
statute, shall have the authority to issue citations and/or notices
to appear in court, and obtain and execute search warrants, to the
maximum extent allowed by law, for violations of state and local animal
control laws.
(d)
The county may contract for animal control services to be performed
countywide, including within cities, provided agreement is made with
the participating jurisdictions.
(Ord. 2022, 2/5/2024)
(a)
Every dog or cat owner shall ensure their animal is vaccinated
for rabies by a licensed veterinarian in the manner prescribed or
approved by state law and the state of California Department of Public
Health, after the dog or cat attains the age of three months of age
and/or within 10 calendar days of acquiring an unvaccinated animal.
This vaccination shall be obtained prior to issuing a license for
the dog or cat. In addition, proof of vaccination shall be provided
by the owner or veterinarian to the licensing program or the county's
animal control contractor.
(b)
Every veterinarian who vaccinates or causes or directs to be
vaccinated in the county any dog, or cat with rabies vaccine shall
certify that such animal has been vaccinated. Every veterinarian shall
submit to the licensing authority a copy of the county-approved rabies
vaccination form, within 10 calendar days of the beginning of each
month, for any dog or cat which they vaccinate or direct to be vaccinated
with anti-rabies during the previous month. An animal control officer
or animal licensing staff shall have the right to inspect records
of rabies vaccinations during normal business hours.
(c)
Upon receipt of a written request from a licensed veterinarian
to exempt a microchipped pet from receiving a one or three-year vaccination,
for medical reasons, the County Health Officer and/or designee shall
review the basis for the request for exemption and approve or/deny
said request.
(Ord. 2022, 2/5/2024)
(a)
Licensing requirements for dogs and cats shall be as follows:
(1)
An annual license shall be obtained, and an annual license fee
shall be paid by the owner for every dog or cat over the age of three
months owned or kept in unincorporated San Mateo County, and all cities
within the county which adopt this chapter. Said annual license fee
shall be first due when the animal reaches three months of age or
within 60 calendar days after the dog or cat is acquired, and due
on the expiration date of the rabies vaccination and each year thereafter.
(2)
New residents shall have 60 calendar days in which to acquire
such license.
(3)
Persons renewing their license shall have 30 calendar days following
their due date before being found delinquent and assessed a late penalty.
(4)
The fee for such license shall be as set forth in Section 9.04.350 of this chapter. The fee paid for the licensing of altered dogs and cats shall be less than said license fee for unaltered cats or dogs upon presentation of the proper certification. The license fee paid by persons over the age of 60 shall be at a discount.
(5)
An owner may obtain a three-year license for a cat or dog by submitting to the licensing program adequate proof of a three-year rabies vaccination of the animal to be licensed and payment of the applicable fees, as set forth in Section 9.04.350 of this code.
(6)
Any person who fails to pay such license fee after said fee is due or said dog or cat is required to be licensed, in addition to paying any past due license fee(s), may also be required to pay a late fee in accordance with Section 9.04.350 of this chapter or may receive an administrative citation.
(7)
A license shall be obtained, but no license fee shall be payable,
by the owner of any dog being raised, trained or used as a service
animal, or for dogs that have served as a member of the armed forces
of the United States of America, or any dog used by a local law enforcement
agency for the purposes of law enforcement.
(8)
Animals with microchip implants or other permanent identification
acceptable to the animal control program are not exempt from the mandatory
licensing requirements.
(b)
The licensing provisions in this chapter are not applicable
to the following:
(1)
Dogs or cats used for diagnostic purposes or research, the use
having been approved by the California State Department of Health
Services pursuant to Section 1666 of the Health and Safety Code.
(2)
Dogs or cats used for teaching purposes in recognized educational
institutions.
(3)
Dogs or cats owned by veterinarians licensed by the state and
kept on the premises used by said veterinarians in their practice.
(c)
Tags for dogs and cats shall be issued as follows:
(1)
The licensing program shall procure and, when licensing fee
is paid, issue a lifetime tag which shall bear the number of the license.
A record shall be kept with the name of the owner together with a
description of the dog or cat for which the license is issued and
the number of the license, and a tag shall be provided to such person
upon payment for such license as provided by this chapter.
(2)
Whenever a tag has been lost or stolen, the owner of the animal
may request a duplicate tag upon payment of the required fee.
(3)
The owner of a licensed dog or cat shall affix such tag to a
suitable collar, which collar shall remain on the dog or cat at all
times.
(4)
When an animal has been designated as a service animal, the owner may obtain a lifetime service tag and shall be required to follow the requirements in Section 9.04.030(a). Said tag will replace a regular dog license.
(5)
The owner or operator of any kennel, animal breeding facility,
pet shop, or any place or establishment where animals are sold, adopted,
or given away shall keep a permanent record of the name, address,
and phone number of the purchaser of any dog or cat, along with the
breed, color, sex, and age of each animal sold, adopted, or given
away and shall forward such information to animal control services
within 30 calendar days thereafter. An animal control officer, county
representative, or employee of the county's animal control contractor
shall have the right to inspect such records during normal business
hours, with 48 hours prior notice to the owner or operator.
(Ord. 2022, 2/5/2024)
(a)
No owner or possessor of a dog shall cause or allow such dog
to bite, or physically threaten or harass any person unless necessary
to protect the physical safety of a person.
(b)
Every owner or possessor of a dog shall prevent such dog from
causing injury to another animal while such animal is lawfully upon
public or private property. The failure of the owner of a victim animal
to have the animal on a leash shall not, in itself, constitute a mitigating
factor in any attack.
(c)
No owner or possessor of a dog shall command or provoke such
dog to attack, sic or threaten a person unless such action is necessary
to protect the physical safety of a person.
(d)
No owner or possessor of a dog that resides in another county
and is found to have violated this section shall thereafter allow
such dog to be brought into San Mateo County unless the dog is fully
enclosed in a vehicle and passing through to another location without
stopping at any public or private premises within the county.
(Ord. 2022, 2/5/2024)
No owner or other person having care, custody or control of
any animal shall cause or permit it to do any of following:
(a)
To be upon any public street, sidewalk, park, school ground,
any public property, or upon any unenclosed premises in this jurisdiction
unless:
(1)
The animal is properly licensed, if such licensing is necessary
hereunder; and
(2)
The animal is controlled by a chain, lead rope, or leash, which
is connected to the animal's collar, saddle, harness, or halter.
This latter requirement is not applicable to cats, or to service animals
under the complete control of the owner or caretaker.
An electric or invisible fence does not constitute an enclosure
for the purposes of this requirement.
(b)
To trespass upon any private property without the consent of
the owner thereof, and to knowingly permit the animal to remain upon
the property, or to habitually continue to trespass thereon.
(c)
To suffer or permit such animal to habitually bark or meow or
otherwise act to disturb the peace of any citizen or to be a public
nuisance.
(d)
To be without proper and adequate food, water, shelter, care,
and attention.
(e)
No person shall possess within the city any animal designated
by another jurisdiction as "potentially dangerous", "dangerous", or
"vicious," or other designation based on the animal's potential
danger to humans and/or animals, without previously notifying animal
control and receiving express written permission from the animal control
manager for the animal's presence or residence in the city. A
failure to receive prior permission is in itself a sufficient basis
for an animal control officer or peace officer to seize and impound
such animal.
(Ord. 2022, 2/5/2024)
(a)
No person shall leave or confine an animal in any unattended
motor vehicle under conditions that endanger the health or well-being
of said animal due to heat, cold, lack of adequate ventilation, lack
of water, or other circumstances that could reasonably be expected
to cause suffering, disability, or death of said animal.
(b)
An animal control officer, humane officer or peace officer may
remove an animal from a motor vehicle if the animal's safety
reasonably appears to be in immediate danger from heat, cold, lack
of adequate ventilation, lack of water, or other circumstances that
could reasonably be expected to cause suffering, disability, or death
to the animal. An animal control officer, humane officer or peace
officer is authorized to take all steps that are necessary for the
removal of such animal from the motor vehicle, including, but not
limited to, breaking into the motor vehicle, after a reasonable effort
has been made to locate the owner or other person responsible.
(c)
If an animal is removed from a motor vehicle as set forth herein,
the removing officer shall, if deemed necessary by the officer, take
it to an animal shelter, veterinary hospital, or other place of safekeeping.
(d)
An animal control officer or peace officer who removes an animal
from a motor vehicle shall, in a conspicuous location on or within
the motor vehicle, leave written notice bearing their name and office,
and the address of the location where the animal can be claimed. The
animal may be released to the owner only after payment of all fees
that have accrued for the maintenance, care, medical treatment, or
impoundment of the animal.
(e)
Nothing in this section shall preclude prosecution under both
this section and California Penal Code Section 597 or any other provision
of state or local law.
(Ord. 2022, 2/5/2024)
No person other than the owner, or person authorized by the
owner of the animal shall release any animal from any confinement,
vehicle, or restraint unless such release is necessary for the immediate
health and safety of the animal. This section shall not apply to animal
control officers, humane officers, and/or peace officers.
(Ord. 2022, 2/5/2024)
(a)
No person shall knowingly keep, have, maintain, sell, trade, or let for hire an animal designated as dangerous under this chapter without obtaining a dangerous animal permit from the animal control officer. The animal owner shall comply with all conditions of the dangerous animal permit including, but not limited to, all requirements of Section 9.04.100 of this chapter. Any animal which is determined to be dangerous under this chapter and for which a permit has not been obtained shall be surrendered to an animal control officer, peace officer, or a county animal control contractor agency for appropriate disposition, which may include humane euthanasia.
(b)
In determining whether or not an animal shall be designated
as dangerous, the animal control officer, peace officer, or hearing
officer may consider any relevant facts and circumstances, including,
but not limited to:
(1)
The alleged attacking animal's prior history.
(2)
The alleged attacking animal's owner(s) ability to comply
with this chapter, and/or compliance with any prior dangerous animal
permits held by the alleged attacking animal's owner(s).
(3)
Whether any of the animals involved were previously deemed by
a governmental jurisdiction as "potentially dangerous, "dangerous",
"vicious" or any other similar designation.
(c)
In determining whether or not an animal shall be designated
as dangerous, the animal control officer, peace officer, or hearing
officer, may consider the following mitigating factors:
(1)
Whether at the time of the injury, attack or molestation, the
person or animal suffering the injury, attack or molestation:
(A)
Provoked, tormented, teased, abused or assaulted the animal,
thereby causing or contributing to the alleged behavior;
(B)
Committed a willful trespass or other tort upon the private
property of the owner or caretaker of the animal in the presence of
the animal;
(C)
Threatened or committed an unjustified attack or assault against
the Owner, Caretaker or other Person in control of the animal in the
presence of the animal.
(2)
Any other mitigating factor relevant to whether the animal poses
a threat to public health or safety. The failure of the owner or person
in control of a victim animal to have the victim animal on a leash
shall not, in itself, constitute a mitigating factor in any attack.
(d)
The unwillingness of a victim or a particular witness to testify
at a hearing shall not prevent designation of an animal as a dangerous
animal, as long as sufficient evidence exists to support the designation.
(e)
In the event that animal control officer or peace officer determines
it necessary to protect the health or safety of the public, or of
any animal, they may immediately impound any animal according to the
procedures set forth in this chapter.
(f)
If an animal control officer or peace officer has investigated and determined that an animal is dangerous, the animal control officer or peace officer shall deliver written notice of such determination to the owner of the animal pursuant to Section 9.04.260.
(g)
Should the owner of the animal wish to contest the dangerous animal designation, the owner may request a hearing, which hearing shall be conducted according to the procedures set forth in Section 9.04.150 of this chapter. The owner shall submit a written request for a dangerous animal hearing to the animal control officer within seven calendar days of the written notification by the animal control officer and/or peace officer that the animal has been declared dangerous.
(1)
Should the animal owner not submit a request for an administrative
hearing within the required timeframe, the administrative hearing
process shall be deemed waived, the dangerous animal designation will
be final, and the animal owner shall obtain a dangerous animal permit
within seven calendar days of the written notification that the animal
has been declared dangerous.
(2)
If the animal owner requested a hearing and the hearing officer
confirms the determination that the animal is dangerous, the owner
must obtain the dangerous animal permit and meet the conditions required
by such permit, within seven calendar days of notice of such decision,
unless the time is extended by animal control officer.
(3)
If an animal is designated as dangerous, but the owner fails
to obtain a dangerous animal permit within the required timeframe,
the animal will be deemed abandoned, and will be subject to disposition
as deemed appropriate, including potential euthanasia by the county's
animal control contractor, at the discretion of the animal control
officer, peace officer or city or county representative. If not already
impounded, the animal will be promptly impounded. The owner of the
animal shall be responsible for all costs of impoundment of the animal
incurred prior to such abandonment.
(h)
If after investigation by an animal control officer or peace officer, that officer determines that the animal is not dangerous, the victim or an owner of a victim animal may appeal that determination, within seven calendar days of notice of the decision given pursuant to Section 9.04.260, by submitting to the animal control officer or peace officer a written request for a hearing and paying the required fee. The animal control officer or peace officer shall prepare a written report documenting its reasons for determining the animal not dangerous and shall include evidence it has considered for and against the designation in its report. The hearing shall be conducted according to the procedures set forth in Section 9.04.150 of this chapter.
(i)
No animal designated by the county as a dangerous animal may
be transferred to a new place of residence or to a new owner or caretaker
without prior written approval of the animal control program manager.
Prior to the relocation, a written request for the relocation must
be delivered to the animal control program manager and the county's
animal control contractor, if any, at least 30 calendar days prior
to the relocation.
(j)
If an animal control officer declares an animal as dangerous
which has already been declared potentially dangerous or dangerous
by another jurisdiction located outside of the county of San Mateo,
the owner of such animal must obtain and comply with a dangerous animal
permit at least seven calendar days prior to moving the animal into
the county. The animal shall not reside in the county of San Mateo
until the dangerous animal permit has been issued by the animal control
program and the owner meets the conditions of said permit.
(k)
A permit issued under this section is subject to renewal annually. An annual inspection of the location where the animal resides will be performed by an animal control officer. Inspections may occur at any reasonable hour and will occur at least annually. The fee for such permit and inspection shall be as set forth in Section 9.04.350 of this chapter. Fees shall not be refundable. If the registered owner fails to pay the permit fee and/or comply with the requirements of the permit within 10 calendar days of the annual inspection date, the permit may be revoked and the animal may be impounded for appropriate disposition, as determined by an animal control officer, peace officer, county contracted agency or city designee, including humane euthanasia.
(l)
A dangerous animal designation is a designation that remains
with that animal for its lifetime, unless terminated as provided by
this subsection. A dangerous animal designation may be terminated
if all of the following criteria have been met, as determined by an
animal control officer or peace officer and the animal control program
manager and/or city designee:
(1)
The owner has complied with all dangerous animal permit requirements
for a period of three years and the animal has not been found to have
committed any violations of the requirements of the permit, or of
this chapter, or any other applicable animal control laws, for the
duration of that period.
(2)
The animal has remained current on all rabies or similar required
vaccinations and has remained current on its licensing and paid all
fees for the duration of the three year period.
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If an animal owner disputes a finding that the dangerous animal designation will not be terminated, the animal owner may request an administrative hearing to be held according to the procedures set forth in Section 9.04.150 of this chapter.
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(Ord. 2022, 2/5/2024)
(a)
Any owner of a dangerous animal shall ensure compliance with
the following rules and regulations which shall be mandatory requirements
for any dangerous animal permit:
(1)
When the animal is off the property of its owner, ensure that
the animal is not kept upon any unenclosed premises unless said animal
is leashed and muzzled with a cage or basket muzzle, or any other
muzzle approved by the animal control officer. The leash shall not
exceed four feet in length and having a minimum tensile strength of
300 pounds and shall be under the direct control and supervision of
the owner or a person of such age, size, and strength as can easily
control such animal. Extraordinary care shall be taken by the owner
and/or caretaker to ensure that such restraint is sufficient to control
the animal in a manner which it will not endanger other persons or
animals.
(2)
Ensure said animal is never kept on any unenclosed premises
even if tethered, tied or staked.
(3)
Ensure said animal is kept in a fenced yard, kennel, dog run
or other enclosure, sufficient to prevent the escape of the animal
or entry of young children, as approved by the animal control officer
or peace officer. An electric or invisible fence is not an acceptable
means of enclosure for the purpose of this requirement.
(4)
Maintain the animal so that it is not a threat to any mail carrier,
sanitation worker, meter person, or other person who has the lawful
right to enter the property.
(5)
Ensure that all structures used to confine the animals are locked
with a key or combination lock when such animals are within the fenced
yard, kennel, run or enclosure.
(6)
Regularly inspect the fenced yard, kennel, dog run or enclosure
to ensure that it is secure to maintain the animal and keep young
children out.
(7)
Allow inspections by any animal control officer or peace officer
at any reasonable hour of the premises or premises upon which the
animal is maintained.
(8)
Pay permit and property inspection fees as set forth in Section 9.04.350 of this chapter within 10 calendar days of the permit issuance or renewal.
(9)
Obtain and post approved sign(s) from the animal control program after payment of a non-refundable fee as set forth in Section 9.04.350 of this chapter. Sign(s) shall be conspicuously posted in a manner visible to the public at all entrances to the property where the animal is kept, warning persons of the presence of a dangerous animal as directed by the animal control officer or peace officer. Such sign(s) must be surrendered in the event of the revocation of the permit, death of animal, or approved relocation of the animal.
(10)
Advise all members who reside in the same household and on the
same premises of the conditions established by the permit for keeping
or maintaining said dangerous animal.
(11)
Ensure said animal wears, at all times, a separate dangerous animal tag issued by the animal control program in addition to complying with license requirements as defined in Section 9.04.040 of this chapter.
(12)
Ensure said animal be microchipped and inform the animal control
officer with the microchip number within 30 calendar days from the
date the dangerous animal permit was issued.
(13)
Within 45 calendar days from the date the dangerous animal permit
was issued, unless this period is extended by the animal control program
manager or city representative at their sole discretion, said animal
shall be spayed or neutered by a California licensed veterinarian,
at owner expense, and within those 45 days, the owner shall also present
written proof to the animal control officer that the surgery was performed.
In the event an animal cannot be safely altered, due to a medical
reason, the owner shall present the animal control program manager
and animal control officer with a written request from a California
licensed veterinarian stating the medical reason(s) that the animal
should not be altered. The County Health Officer or designee will
approve or deny the request. If said request is denied, the animal
shall be altered by a California licensed veterinarian within 15 calendar
days from the date of notification that the request was not approved,
and within those 15 calendars days provide such written proof to the
animal control officer that the surgery was performed.
(14)
Notify an animal control officer and the animal control program
manager of the animal's death within 24 hours and produce the
animal's body for verification upon request.
(15)
Notify an animal control officer and the animal control program
manager immediately in the event the animal becomes lost, stolen,
or escapes from its fenced yard, kennel run, or enclosure.
(16)
Pay all reoccurring of additional fees within 10 calendar days
of service of the invoice or annual permit. Non-payment of fee may
result in the permit being revoked unless a payment plan has been
approved by the county or city.
(17)
Comply with all other permit conditions or requirements imposed
by an animal control officer, peace officer, or hearing officer pursuant
to this chapter.
(18)
Comply with all local and state laws regarding the care, use,
control, and maintenance of animals.
(b)
Any owner of a dangerous animal shall ensure compliance with
the following additional requirements, if directed to do so by an
animal control officer, peace officer and/or hearing officer:
(1)
Prove financial responsibility by posting a bond or certificate
of insurance for an amount of $300,000 per animal within 30 calendar
days from the date of the dangerous designation. Bond or certificate
of insurance will be provided to the animal control program manager
annually prior to expiration of said bond or certificate.
(2)
Provide private behavioral and obedience training to the animal,
at the owner's expense and within the time set forth by the hearing
officer or an animal control officer following the issuance of a dangerous
animal permit. Proof of participation, a report of behavioral assessment,
and/or a certificate of satisfactory completion from an animal behaviorist
or organization approved by an animal control officer shall be provided
to the animal control officer and animal control program manager within
seven calendar days following the completion of the mandatory training,
but not more than 90 calendar days from the date of the dangerous
designation.
(3)
Comply with any other permit requirements determined to be reasonably
necessary to protect the public's health or safety and/or the
health or safety of other animals.
(c)
No more than two dangerous animals may be kept by any person(s)
at any one household, residence, business, or other location, without
prior written approval of the designee of the appropriate jurisdiction.
(Ord. 2022, 2/5/2024)
(a)
Any dangerous animal permit issued pursuant to this chapter
may be revoked or modified by the inclusion of additional requirements
or otherwise, if the animal control officer or peace officer has reasonable
cause to believe any of the following to be true:
(1)
The dangerous animal owner or any person to whom the owner has
given care, custody, or control of the animal has violated any local
or state laws relating to the keeping, care or use of any animals.
(2)
The owner or any person to whom the owner has given care, custody,
or control of the animal has violated any dangerous animal permit
conditions, or any requirement imposed by the animal control officer,
peace officer, or hearing officer.
(3)
The owner or any person to whom the owner has given care, custody, or control changed the location of his/her residence or his/her place of business or sells, assigns, transfers, donates, leases, or otherwise disposes of the animal for which the permit was issued without first notifying an animal control officer as outlined in Section 9.04.090.
(4)
The owner or any person to whom the owner has given care, custody or control of the animal has changed the residence or premises where the animal is maintained without first complying with the guidelines set forth in Section 9.04.090.
(5)
The owner or any person to whom the owner has given care, custody,
or control of the animal is unable or unwilling to comply with the
conditions of the dangerous animal permit.
(b)
In the event that it is reasonably necessary to protect the
public or an animal's health and safety, the animal control officer
or peace officer may impound or cause to be impounded the animal while
an investigation is taking place.
(c)
If, after investigation, the animal control officer or peace officer concludes that there is probable cause to believe that one or more of the above conditions for revocation or modification of the permit has occurred, the officer shall deliver written notice of revocation or modification to the owner. Said notice shall specify the grounds of revocation or modification of the permit. Should the owner of the animal wish to contest the revocation or modification of the permit, the owner may request an administrative hearing to be held before a hearing officer, as designated by the animal control program manager, within seven calendar days of receiving the notice of revocation. Said administrative hearing date shall be not less than seven calendar days or no more than 20 calendar days after the date the request for hearing is received by the animal control manager. The administrative hearing shall be conducted as set forth in Section 9.04.150 of this chapter. The hearing officer conducting the hearing may either modify the terms of the permit or revoke the permit.
Any party to the hearing has the right to appeal the administrative
hearing decision to the San Mateo County Superior Court by filing
a Petition for a Writ of Administrative Mandate pursuant to California
Code of Civil Procedure, Section 1094.5 and 1094.6.
(d)
Upon written notice by the animal control officer, peace officer,
or hearing officer, if a hearing was held, if any modifications to
a dangerous animal permit are made, the owner shall immediately comply
with such modified permit requirements.
(e)
Upon written notice from an animal control officer, peace officer
or hearing officer of the revocation of a dangerous animal permit,
the owner of such animal shall within two calendar days of such notification,
surrender said animal to an animal control officer. The dangerous
animal shall be impounded and humanely euthanized unless the county
designee or city designee has approved a different disposition. At
the sole discretion of the appropriate city or county representative,
such animal may be permanently removed from the county of San Mateo
to another jurisdiction with written approval from that jurisdiction.
(Ord. 2022, 2/5/2024)
No person who has been determined to be in possession of or
had ownership of a dangerous animal for which a permit has been revoked
under this chapter shall be granted any dangerous animal permit for
a period of three years following such determination or revocation.
(Ord. 2022, 2/5/2024)
(a)
No person shall keep, have, maintain, sell, trade, or let for
hire an animal which has been designated as vicious under the provisions
of this chapter.
(b)
If an animal control officer and/or peace officer has investigated and determined that an animal is vicious, the animal control officer or peace officer shall deliver written notice of such determination to the owner of the animal. Service of notice shall be made in accordance with Section 9.40.260(a) of this chapter. An animal control officer and/or peace officer shall immediately impound the animal, or cause to be impounded, the animal according to the procedures set forth in Section 9.04.160 of this chapter. The animal shall be deemed abandoned and shall be humanely euthanized unless the county designee or city designee has approved a different disposition or unless the owner timely requests an administrative hearing.
(c)
In determining whether an animal shall be designated vicious,
in addition to any other facts and circumstances of the incident(s),
the applicable decision-maker may consider the following potentially
mitigating factors.
(1)
Whether at the time of the injury, attack or molestation, the
person or animal suffering the injury, attack, or molestation:
(A)
Provoked, tormented, teased, abused, or assaulted the animal,
thereby causing or contributing to the alleged behavior.
(B)
Committed a willful trespass or other tort upon the private
property of the owner or caretaker of the animal; and/or
(C)
Threatened or committed an unjustified attack or assault against
the owner, caretaker, or other person in control of the charged animal.
|
The failure of the owner or other person in control of a victim
animal to have the animal on a leash shall not, in itself, constitute
a mitigating factor in any attack.
|
(2)
Whether the owner is willing and able to comply with the conditions
of a dangerous animal permit, and whether the animal can be safely
maintained on a dangerous animal permit considering the nature of
the attack and cooperativeness and abilities of the owner.
(d)
The decision-maker may also consider, among any other relevant
facts and circumstances, the following factors:
(1)
Whether any of the animals involved were previously deemed by
any governmental jurisdiction as, "dangerous", "vicious", or any other
similar designation, and/or the animal owner's prior compliance
or lack thereof with any applicable dangerous animal permit requirements
or this chapter;
(2)
The attacking animal's history of attacks, bites or threatening
behavior;
(3)
Whether the animal demonstrated such aggressive behavior that
it is reasonable to conclude that the animal cannot be safely maintained
with a dangerous animal permit; and
(4)
Whether the owner is unable or unwilling to comply with the
conditions of a dangerous animal permit.
(e)
Should the owner of the animal wish to contest the vicious animal designation, the owner may request an administrative hearing to be conducted according to the procedures set forth in Section 9.04.150 of this chapter. The owner shall submit a written request for a vicious animal hearing to the animal control officer within seven calendar days of the written notification by the animal control officer and/or peace officer that the animal has been declared vicious.
(f)
Should the owner not submit a request for an administrative
hearing within the required timeframe, the administrative hearing
process shall be deemed waived, the vicious animal designation will
be considered final for purposes of exhaustion of administrative remedies,
and the animal will be subject to disposition by the animal control
officer, peace officer, or city or county designee. The owner shall
lose all rights of ownership and control of the animal, and the animal
will be subject to humane euthanasia, unless another disposition is
deemed appropriate by a city and/or county designee, without further
notice to the owner.
(g)
The unwillingness of a victim or a particular witness to testify
at a hearing shall not prevent designation of an animal as vicious
as long as sufficient evidence exists to support the designation.
(h)
If after investigation, an animal control officer and/or peace officer determines that the animal is not vicious, the officer will prepare a written decision upon request by any victim suffering physical injury or an owner of a victim animal, either of whom may appeal that determination. Any victim suffering physical injury as a result of the attack, or owner of a victim animal, may appeal the determination that an animal is not vicious by submitting, within seven calendar days of the service of the decision pursuant to Section 9.04.260, a written request to the animal control officer for an administrative hearing and paying the required fee as set forth in Section 9.04.350 of this chapter. The administrative hearing shall be conducted according to the procedures set forth in Section 9.04.150 of this chapter.
(Ord. 2022, 2/5/2024)
It shall be unlawful for a person to willfully and knowingly
provide false or misleading information to animal control program
staff, including, but not limited to, an animal control officer, peace
officer, animal control program manager, and/or hearing officer regarding
animal ownership, licensing, rabies vaccination, medical treatment
and condition, and/or any other matter pertaining to the enforcement
of state or local law.
(Ord. 2022, 2/5/2024)
(a)
Administrative hearings held under this chapter shall be conducted
by a hearing officer or designated representative appointed by the
director or designee of the San Mateo County Health Department. The
city may contract with the county for animal control services and
may elect to utilize the services of any San Mateo County designated
hearing officer to conduct hearings on behalf of the city pursuant
to this chapter. The hearings shall be scheduled no less than seven
calendar days and no more than 15 calendar days from the receipt of
the request for the hearing unless the hearing officer finds good
cause for continuance.
(b)
The animal control officer or peace officer conducting the investigation
shall provide their investigation report and any evidence gathered
by the officer to the animal control program manager or designee no
less than 72 hours prior to said administrative hearing. The animal
control program manager or designee will promptly provide the report
to the parties to the case, including the owner of the subject dog
and the owner of the victim dog.
(c)
The administrative hearing shall be conducted in an informal
manner consistent with due process of law. Any party may be represented
by counsel. The parties may present relevant evidence including witnesses.
The strict rules of evidence shall not be applicable. Any relevant
evidence, including, but not limited to, hearsay evidence, may be
admitted if it is the sort of evidence on which reasonable persons
are accustomed to rely on in the conduct of serious affairs. The hearing
officer shall decide the matter based on preponderance of the evidence
presented at the hearing. The administrative hearing shall be recorded,
and all documentary evidence submitted at the administrative hearing
shall be preserved by the animal control program manager for a period
of no less than two years. Any party may arrange for a court reporter
to be present. Any party desiring the presence of a court reporter
shall make all necessary arrangements and shall be responsible for
payment of all costs.
(d)
The hearing officer may exclude disorderly or disruptive persons
from the hearing or make other orders as necessary to ensure the fair
and orderly conduct of the administrative hearing.
(e)
The hearing officer may decide all issues for or against the
owner(s) of the involved animal(s) even if the owner(s) fail to appear
at the hearing.
(f)
Within seven calendar days of the administrative hearing, the
hearing officer shall render a written decision, which shall be final
for the purposes of exhaustion of administrative remedies upon the
date of mailing. The animal control program manager or designee shall
mail the written decision and affidavit/certificate of mailing showing
the date of mailing, on behalf of the hearing officer, by first class
mail, postage prepaid. The decision will be mailed to the owner of
the alleged dangerous or vicious animal, the victim or owner of the
victim animal, and the investigating animal control officer or peace
officer.
(g)
If the animal is designated dangerous, the owner must apply for and obtain a dangerous animal permit as provided by this chapter within seven calendar days of the decision letter in order to maintain the animal and the owner must comply with all mandatory dangerous animal permit rules and regulations as defined in Section 9.04.120 of this chapter. A hearing officer may impose additional permit requirements as set forth in this chapter.
(h)
If the animal is designated vicious, the owner of such animal
shall lose all rights of ownership and control of the animal, and
the animal will be subject to humane euthanasia, unless another disposition
is deemed appropriate by a city and/or county designee, without further
notice to the owner. An animal designated as vicious will be held
at the animal shelter for a minimum of seven calendar days from the
date of the hearing officer's decision, prior to any proposed
euthanasia.
(i)
Unless the hearing officer for good cause otherwise determines,
the party requesting the administrative hearing is liable for all
costs related to such hearing. A determination by the hearing officer
that the animal is not dangerous or vicious shall constitute good
cause.
(j)
Hearing officer decisions are appealable to the San Mateo County
Superior Court by filing a Petition for Writ of Administrative Mandate
pursuant to California Code of Civil Procedure, Section 1094.5 and
1094.6.
(k)
The procedures and/or definitions pertaining to potentially
dangerous and vicious dogs set forth in the California Food and Agricultural
Code Chapter 9, beginning with Section 31601, are not adopted and
do not apply within the city. As authorized by Food and Agricultural
Code Section 31683, the city has adopted its own program for regulation
of dangerous and vicious dogs as contained in this chapter.
(Ord. 2022, 2/5/2024)
(a)
The animal control program may impound any animal kept or found
under conditions that constitute a violation of this chapter or other
state or local law. The animal's owner shall be responsible for
all costs incurred or fees applicable with respect to such impoundment
and maintenance in the shelter.
(b)
An animal control officer or peace officer may impound or cause
to be impounded an animal when there is reasonable cause to believe
that such animal posed, or poses, a threat to the public's health
and safety, or the health and safety of another animal. The animal
may remain impounded for a period not to exceed 15 calendar days in
order to investigate, and to determine whether or not said animal
is dangerous or vicious as defined by this chapter. In calculating
the 15 calendar days, the first day of impoundment is not included.
If an animal is not impounded within 15 calendar days after an investigation
began, the animal control officer or peace officer shall make a determination
whether or not the animal is vicious or dangerous and shall notify
the owner of said animal as soon as reasonably practical thereafter.
(c)
Within 24 hours of the impoundment of any animal, the impounding
animal control officer shall serve the owner of the animal with notice
of the impoundment.
(d)
No impounded animal may be redeemed unless and until any required
license fee and/or other applicable charges and fees have been paid.
In the event such animal is not redeemed within the time set forth
by state law, it shall be deemed abandoned and may be adopted, transferred
to a rescue, or disposed of in the manner determined by the animal
control program. The animal control program shall issue to the owner
or person responsible of the care, custody, and control of said animal
a receipt showing an itemized description and the amount of the fee(s)
paid.
(e)
The animal control program shall keep a record of all animals
impounded, which record shall include a description of the animal,
the date of its receipt, the date and manner of disposal, the name
of the person redeeming, adopting, or purchasing, the fees, and/or
charges related to the animal. Said records shall be kept for a period
of seven years.
(Ord. 2022, 2/5/2024)
Any person who finds or picks up a stray or lost animal shall
report the same to the animal control shelter within 24 hours thereafter
and shall release such animal to the animal control shelter upon demand.
(Ord. 2022, 2/5/2024)
The San Mateo County Health Officer may determine and declare
that rabies or other contagious diseases are epidemic or that other
health and safety hazards exist among dogs or other animals within
the county. Upon the making of such a declaration, the health officer
shall prepare and promulgate such orders, rules, and regulations as
are necessary for appropriate control of all the animals concerned
within the county. Said rules and regulations of the health officer
may include, but are not limited to, impoundment, quarantine, vaccination,
or destruction. It shall be the duty of the animal control officers
to assist the health officer in carrying out such rules and regulations.
(Ord. 2022, 2/5/2024)
(a)
Any owner or other person who is responsible for the care, custody,
or control of an animal that bites a human or other animal shall provide
their name and current residence address and telephone number and
shall present their driver's license or other form of identification
and any information regarding any rabies vaccination for the biting
animal to the person bitten or the owner of the animal bitten. If
the person bitten is a minor, the owner or person in control of the
biting animal shall provide the required information to the parent
or guardian of the minor.
(b)
In addition to the above requirements, it shall be the duty
of any person having knowledge of any animal which has bitten a human
being or other animal within the county to immediately, in no case
later than the end of the next calendar day, report the bite to an
animal control officer or peace officer and to furnish as much information
as possible, including date, time and location of bite, description
of animal or person bitten, name and license number of the biting
animal, and rabies vaccination history of the biting animal.
(Ord. 2022, 2/5/2024)
(a)
Should an animal control officer, humane officer or peace officer determine that a person has violated any provision this chapter, that enforcement officer shall have authority to issue and serve notice of an administrative citation as set forth in Section 9.04.260, to the person violating the chapter.
(b)
Each administrative citation shall contain the following information:
(1)
The name and address of the owner or other person to be cited.
(2)
The date(s) of the violation.
(3)
The address or a specific description of the location where
the violation occurred.
(4)
The section, subsection, and/or provision of this chapter violated
by the person cited and a description of that violation.
(5)
A prohibition of the continuation or repetition of the violation
described in the administrative citation.
(6)
If applicable a description of the potential consequence(s)
should the violation continue or be repeated.
(7)
Either:
(A)
The amount of the administrative fine charged and to be paid
by the person cited as a result of the violation; or
(B)
A notice to correct a certain violation within a reasonable
time, and the amount of an administrative fine that may occur if the
violation is not corrected or remedied by the date specified.
(8)
A description of the procedure to pay the fine, to include the
time period for and place of payment, and the process by which the
county may collect any unpaid amount owed.
(9)
A description of the administrative citation review process,
including the time within which the administrative citation may be
appealed and how to appeal the administrative citation, including
any form to do so.
(10)
The name and signature of the citing animal control officer,
humane officer or peace officer or county designee.
(c)
An administrative citation may be any format, including letter,
which conveys the information set forth above.
(Ord. 2022, 2/5/2024)
(a)
A recipient of an administrative citation may contest the citation
including, but not limited to, on the basis that the underlying violation
did not occur, or that recipient is not the party responsible for
the violation and thus was the improper recipient of the administrative
citation. The recipient must contest the citation on the form provided
by the animal program manager or animal control officer and file the
appeal with the animal control program manager within 12 calendar
days from the date of service of the administrative citation. Any
appeal not timely filed will be rejected.
(b)
The appeal shall contain the following provided by the person
appealing the citation:
(1)
The name, mailing address, and telephone number of the party
requesting the appeal;
(2)
A copy of the administrative citation or a reference number
thereto;
(3)
A statement of the grounds for the contest, including a description
of the evidence to be presented in support of the contest and copies
of any statements or documents to be submitted at the hearing in support
of the appeal.
(4)
The signature of the appealing party;
(5)
A deposit of the fine assessed as set forth in the citation(s),
to be refunded if the appeal is successful.
(c)
Should an appeal be properly and timely requested, the requesting party shall be provided a hearing before a hearing officer to be held pursuant to the procedures set forth in Section 9.04.150 as applicable. The animal control program shall notify the person requesting the appeal hearing of the time and place set for the hearing pursuant to Section 9.04.260.
(Ord. 2022, 2/5/2024)
(a)
In the absence of an appeal by the recipient of the administrative
citation the person cited shall pay the administrative fine in full
within 30 calendar days from the date of service of the notice of
citation. In the event of an appeal, after which the violation is
upheld, if not already paid, the fine shall be paid in full within
10 calendar days after the date that the decision of the hearing officer
was served on the recipient.
(b)
Payment of any fine shall not excuse the failure to correct
the violation, nor shall it bar further enforcement of the same or
any similar violation or any other violation by any applicable means.
(Ord. 2022, 2/5/2024)
(a)
Any person issued an administrative citation for a violation
of, and pursuant to, this chapter shall be assessed and pay a fine
as follows:
(Ord. 2022, 2/5/2024)
(a)
A person violating any provision of this chapter shall be guilty
of an infraction except as otherwise specifically provided.
(c)
This section shall not limit any other available criminal, civil
or administrative remedies. Any or all applicable remedies shall remain
available for violation of the provisions of this chapter.
(Ord. 2022, 2/5/2024)
(a)
Violation of this chapter is a public nuisance subject to any
and all applicable civil, administrative, and criminal remedies, according
to the provisions and procedures set forth in this chapter and other
applicable state and local law.
(b)
This section is not intended to limit any other available criminal,
civil or administrative remedies. Any or all applicable administrative,
civil and/or criminal remedies shall be available for violation of
the provisions of this chapter.
(c)
Each day a violation continues shall constitute a separate violation.
(Ord. 2022, 2/5/2024)
(a)
Unless otherwise specified herein, the appropriate representative
of the animal control program shall provide any required notice or
service of documents in the one of the following manners: (1) by personal
delivery to the person to be notified or served; or (2) by posting
on the property at the address where the subject animal is licensed
or the owner of such animal resides; or (3) by depositing in the United
States Mail, in a sealed envelope, first class postage prepaid, and
addressed to such person to be notified or served at their last-known
business or residence address or as the same appears in the last equalized
county assessment roll. Service by mail shall be deemed complete at
the time of deposit in the United States Mail receptacle and shall
include a declaration or affidavit of service which shall include
notice of the date mailed. If agreed in writing by the person to be
served, notices or documents may be served electronically at the address
provided by the person to be served, to be effective upon being sent.
(b)
Failure to receive any notice specified herein does not affect
the validity of proceedings conducted hereunder.
(Ord. 2022, 2/5/2024)
A fee shall be charged for any animal impounded by a representative of the animal control program and returned by an animal control officer in the field to the owner or person who is responsible for the care, custody, or control of the animal. The fee charged shall be paid by the owner or person who is responsible for the care, custody, or control of said animal. Such fee shall be set forth in Section 9.04.350.
(Ord. 2022, 2/5/2024)
(a)
Upon redemption of any impounded unaltered animal, the person responsible for the care, custody or control of any animal will be required to pay a spay or neuter fee in the amount of $100 in addition to the impound fees imposed under Section 9.04.350 of this chapter. Such fee shall be refundable upon proof of spay and neuter of the animal within 30 calendar days following the date of redemption.
(b)
Any unaltered animal impounded twice or more within a three-year
period shall be altered at a cost to be paid by the owner/caretaker
or person responsible for the care, custody, or control of said animal
prior to redemption. At the option of the owner/caretaker or person
responsible for the care, custody, or control of said animal, required
spaying or neutering may be performed by a private veterinarian within
30 calendar days.
(c)
Any owner or caretaker of an impounded animal subject to mandatory spay/neuter under subsection (b) of this section may appeal this requirement by submitting a written request for an administrative hearing to the animal control program manager. The administrative hearing will be conducted according to the provisions of Section 9.04.150 of this chapter.
(d)
The animal control program manager may waive any county or city
fee for county or city spay/neuter, vaccination or impoundment of
an animal, if the animal is a feral or stray cat and the person bringing
the animal to the shelter agrees that the person shall have no rights
in the animal or any right to direct or control treatment or disposition
of the animal by the animal control program which will retain sole
discretion in determining the disposition of the animal, which may
include, but not be limited to, treatment and/or adoption, or euthanasia.
(Ord. 2022, 2/5/2024)
A quarantine fee, as set forth in Section 9.04.350, shall be paid by the owner or caretaker of any animal involved, or potentially involved, in a bite. Such quarantine fee is in addition to any other fees charged set forth in Section 9.04.350 of this chapter to recover costs incurred by the animal control program for the sheltering and caring for the quarantined animal.
(Ord. 2022, 2/5/2024)
This Section 9.04.350 sets forth the fees for the animal control program and licensing program. No animal shall be released to its owner, or other person responsible for the care, custody, or control of the animal, unless applicable fees have been paid.
Animal control and licensing fees and charges established by
this code are as follows:
(a)
License fees.
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Dogs
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Unaltered dog
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1-year license
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$55.00
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3-year license
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$160.00
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Unaltered dog Senior Pet Owner (over 60 yrs.)
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1-year license
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$23.00
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3-year license
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$64.00
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Altered dog
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1-year license
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$25.00
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3-year license
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$70.00
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Altered dog Senior Pet Owner (over 60 yrs.)
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1-year license
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$10.00
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3-year license
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$25.00
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Misc. dog fees
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Late fee
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$20.00
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Duplicate tag
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$10.00
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Cats
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Unaltered cat
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1-year license
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$20.00
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3-year license
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$55.00
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Unaltered cat Senior Pet Owner (over 60 yrs.)
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1-year license
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$12.00
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3-year license
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$31.00
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Altered cat
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1-year license
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$8.00
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3-year license
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$19.00
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Altered cat/Senior Pet Owner (over 60 yrs.)
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1-year license
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$5.00
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3-year license
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$12.00
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Misc. cat fees
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Late fee
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$7.00
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Duplicate tag
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$5.00
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(b)
Redemption charges.
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Type A & B (large or medium size animals — horses,
cows, hogs, sheep, etc.)
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Impound cost
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$100.00
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Board cost per day
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$30.00
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Trailering cost (per use)
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$100.00
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Type C (dogs, and cats)
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Impound Costs — First Impound
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Altered — licensed, wearing tag
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$40.00
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Unaltered — licensed, wearing tag
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$65.00
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Altered — unlicensed, no tag
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$55.00
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Unaltered — unlicensed, no tag
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$85.00
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Impound Costs — Second Impound
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Altered — licensed, wearing tag
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$90.00
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Unaltered — licensed, wearing tag
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$125.00
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Altered — unlicensed, no tag
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$105.00
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Unaltered — unlicensed, no tag
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$140.00
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Impound Costs — Third Impound
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Altered — licensed, wearing tag
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$135.00
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Unaltered — licensed, wearing tag
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$155.00
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Altered — unlicensed, no tag
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$155.00
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Unaltered — unlicensed, no tag
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$180.00
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Impound Costs — Fourth Impound
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Altered — licensed, wearing tag
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$180.00
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Unaltered — licensed, wearing tag
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$215.00
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Altered — unlicensed, no tag
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$200.00
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Unaltered — unlicensed, no tag
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$240.00
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Impound Costs — Fifth Impound and up
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Altered — licensed, wearing tag
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$225.00
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Unaltered — licensed, wearing tag
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$260.00
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Altered — unlicensed, no tag
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$245.00
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Unaltered — unlicensed, no tag
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$285.00
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Board Charges (per day)
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Altered — dogs
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$25.00
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Unaltered — dogs
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$35.00
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Altered — cats
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$16.00
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Unaltered — cats
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$22.00
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Type D (small size animals, e.g., birds, hamsters, or other)
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Impound cost
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$20.00
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Board cost
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$10.00
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(c)
Surrender, Euthanasia and DOA (Dead on Arrival) Disposal Fees.
|
Dog — Licensed or unlicensed
| |
|
Surrender
|
$60.00
|
|
Euthanasia
|
$50.00
|
|
DOA Disposal
|
$30.00
|
|
Cat — Licensed or unlicensed
| |
|
Surrender
|
$60.00
|
|
Euthanasia
|
$50.00
|
|
DOA Disposal
|
$30.00
|
|
Rabbit/Small Animal
| |
|
Surrender
|
$40.00
|
|
Euthanasia
|
$30.00
|
|
DOA Disposal
|
$15.00
|
|
Litter of Three or more
| |
|
Surrender
|
$50.00
|
|
Euthanasia
|
$40.00
|
|
DOA Disposal
|
$20.00
|
|
Bird/Fowl
| |
|
Surrender
|
$20.00
|
|
Euthanasia
|
$15.00
|
|
DOA Disposal
|
$20.00
|
|
All Other Companion Animals (Reptiles, Amphibians, etc.)
| |
|
Surrender
|
$25.00
|
|
Euthanasia
|
$25.00
|
|
DOA Disposal
|
$20.00
|
|
Farm Animals
| |
|
Surrender
|
$60.00
|
|
Euthanasia:
Under 100 pounds
Over 100 pounds
|
$60.00
$125.00
|
|
DOA Disposal:
Under 100 Pounds
Over 100 pounds
|
$30.00
$100.00
|
(d)
Other Animal Control Fees.
|
Quarantine Fee
|
$60.00
|
|
Dangerous Animal Permit (DAP) Fee
|
$300.00
|
|
DAP Inspection Fee
|
$100.00
|
|
DAP Signage
|
$15.00
|
|
Field Retrieval/Return Fee
|
$40.00
|
|
Breeding Permit Fee
|
$150.00
|
|
Fancier Permit and/or Exotic Pet Fee
|
$100.00
|
|
Return Check Fee
|
$25.00
|
|
Service Dog Application Processing Fee
|
$50.00
|
(e)
Miscellaneous Fee Provisions.
(1)
The animal control program, and/or licensing program, may establish
license discounts for recognized animal rescue organizations.
(2)
License fees include a one dollar annual surcharge on all licenses
for the animal population trust fund.
(3)
At the discretion of the animal control program manager, a payment
plan for all fees outstanding may be permitted upon a showing of good
cause. If a person is in compliance with an agreed upon payment plan,
their outstanding balance shall never be considered "nonpayment" as
that term is used in this chapter.
(4)
The animal control fees for any animal related service not specified
in this section shall be reviewed by the health officer or their designee
for reimbursement of costs. The health officer or their designee shall
have the authority to determine the fee charged for said services.
The fee charged shall be paid by the owner or caretaker of the animal(s)
for which said service(s) have been provided.
(5)
Each calendar year, the animal control program manager shall designate one month as an amnesty period for payment of cat and dog license late fees and for compliance with Section 9.04.020 of this chapter, as provided herein. During the amnesty period, applicants for cat and dog licenses shall not be assessed any late penalty fee or any other penalty for failure to obtain such license or pay any applicable license fee, notwithstanding Sections 9.04.040 and 9.04.350 of this chapter.
(6)
All revenue derived from the fees, fines, forfeitures, and penalties
related to the enforcement of this ordinance shall be used to offset
the cost of enforcement and administration of this chapter.
(7)
If the animal control program manager determines that payment
of any fees by the owner or caretaker for an impounded animal would
cause extreme financial difficulty to the owner or caretaker, and
that it is in the best interests of the county to allow release of
the animal upon these terms, the animal control program manager may,
at their discretion, set up a payment plan or waive all or part of
the fees incurred for the animal.
(Ord. 2022, 2/5/2024)
If any section, subsection, sentence, clause, phrase, or word
of this chapter should be held to be invalid or unconstitutional by
a court of competent jurisdiction, such invalidity or unconstitutionality
thereof shall not affect the validity or constitutionality of any
other section, subsection, clause, phrase, or word of this chapter.
(Ord. 2022, 2/5/2024)
