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HomeMy WebLinkAbout6.7 Ordinance Regarding Animal Control CITY OF DUBLIN soo —go AGENDA STATEMENT CITY COUNCIL MEETING DATE: March 23, 1987 SUBJECT PUBLIC HEARING: Ordinance Relating to Animal Control EXHIBITS ATTACHED Proposed Ordinance; Letter from Valley Humane Society dated May 16, 1986 RECOMMENDATION Open Public Hearing Receive Staff Report Obtain Comments from the Public Xclose Public Hearing Deliberate Waive Reading and Introduce Ordinance FINANCIAL STATEMENT: The City receives funds from licenses and permits. 1986-87 estimated revenue - $5, 500. DESCRIPTION As part of the comprehensive Municipal Code revision, the City Attorney' s Office has prepared an ordinance relating to Animal Control . The proposed ordinance is largely consistent with the ordinances which cover Alameda County. As with other revisions considered by the City Council, the language has been changed to refer specifically to the City of Dublin. The ordinance addresses the requirement of an Animal Fanciers Permit for individuals keeping more than 2 dogs or 2 cats or livestock as an accessory to a dwelling unit. The ordinance also addresses Dog Licenses, Running at Large/Biting, Abatement of Vicious Dogs, Impounding of Animals, Fees, and Exotic Animals . The Valley Humane Society has requested that the City consider adding language which addresses animals in vehicles. The request was contained in the letter which is attached for your reference. Alameda County adopted this amendment in 1984 . The City Attorney has included the same language in Section 26 of the proposed ordinance. Staff recommends that the City Council conduct a public hearing, waive the reading and introduce the ordinance. ---------------------------------------------------------------------------- COPIES TO: ITEM NO. 8 ORDINANCE NO. -87 AN ORDINANCE OF THE CITY OF DUBLIN RELATING TO ANIMAL CONTROL The City Council of the City of- Dublin does ordain as follows : ARTICLE I. GENERAL Section 1 . DEFINITIONS . For the purpose of this Chapter, unless it is plainly evident from the context that a different meaning is intended, certain terms used herein are defined as follows : (a) "Dog" shall mean any member of the canine family and shall include female as well as male dogs. (b) "Owner" shall mean any person, firm or corporation owning, having an interest in, or having control or custody or possession of any animal. (c) "At large" shall mean a dog off the premises of its owner and not under restraint by leash, or chain, or not otherwise controlled by a competent person. (d) "Animal" shall mean any mammal, including but not limited to, horse, cow, goat, sheep, dog and cat. (e) "Horse" shall include mule, burro, pony, jack, hinny or jenny. (f) "Wild animal" shall mean any animal not ordinarily and customarily domesticated, including, but not limited to skunk, raccoon, oppossum, squirrel, and fox, but under human control . (g) "Person" shall include any person, partnership, corporation, trust, and association of persons. (h) "Director" shall mean the City Manager or his authorized representative . (i) "Shelter" means facility designated by Director for impoundment of animals. ( j ) "Area" means the incorporated area of the City of Dublin. (k) "Household pet" means (1 ) any animal normally domesticated and kept inside a dwelling including but not limited to parakeets, canaries, aquarium fish; (2 ) any dog or cat not otherwise regulated by this Code. (1) "Livestock" means any domesticated farm animal, including but not limited to, horse, cow, sheep, goat, rabbit, poultry and any commercial fur bearing animals, including but not limited to, mink and chinchilla, but does not mean or include household pets. Section 2 . ANIMAL FANCIERS PERMIT REQUIRED. No person shall keep more than two (2 ) dogs or keep more than two (2 ) cats, or keep any livestock as accessory to any dwelling unit located in any "R" Zoning District as designated on the City Zoning Map except in accordance with the provisions of a valid Animal Fanciers Permit issued by the Director. Permit Procedure. (1 ) An application for an Animal Fanciers Permit shall be in the form required by the Director and shall be accompanied by the fee established by resolution of the City Council . (2) Upon receipt of an application, the Director shall make any appropriate investigation and shall issue the Animal Fanciers Permit if he finds all the following: (a) The keeping of the requested animals at the location specified in the application will not violate any law; (b) The keeping and maintenance of the requested animals can be in accordance with those standards adopted for this purpose by the Director and the County Health Officer; (c) The keeping and maintenance of the requested animals will not endanger the peace, health or safety of persons in the immediate vicinity, or in the City as a whole; (d) The premises and housing where the requested animals are to be kept are in clean and sanitary condition, and any requested animal will not be subject to suffering, cruelty or abuse; (e) The applicant has not had a permit, issued pursuant to this Chapter, revoked within a year prior to the date of the application; ( f) The keeping and maintenance of the requested animals does not constitute a public nuisance . (3 ) The Animal Fanciers Permit shall be issued for a specified term, at the discretion of the Director, but in no event to exceed a three year term. Section 3 . REVOCATION AND SUSPENSION. Any permit issued pursuant to this Chapter may be revoked, if, after investigation and written notice to the Permittee, the 'Director finds any of the following to be true: (a) The permittee, his agent or employee has been convicted of any offense involving the violation of Sections 596 to 599 inclusive, of the Penal Code or is in violation of any zoning, health and safety of building ordinance relating to the keeping of the permitted animals; or (b) The permittee has failed to keep and maintain the premises or housing for the permitted animals in a clean and sanitary condition; or (c) The permittee has, at the place for which the permit is issued, failed to provide any animal with proper food, water, shelter or attention; or (d) The permittee has violated any rules, regulations or conditions adopted by the Director as necessary to insure the permitted animal will not endanger the peace, health or safety of any person or property; or (e) The permittee has changed the location of his residence or sells, assigns, transfers, donates, leases, or otherwise disposes of the permitted animal for which the permit was issued. If, after investigation, the Director concludes that it is probable that one or more of the above grounds for revocation has occurred, he shall cause written notice thereof to be transmitted by certified mail to the address of the permittee. Said notice shall specify the grounds of possible revocation of the permit and shall specify a date and time for an informal hearing to be held before the Director thereon. Said date shall not be less than ten days subsequent to the date of deposit of the notice in the mail . After the informal hearing, the Director may modify the terms thereof or revoke the permit depending upon the permittee ' s ability and/or willingness to comply with the requirements of this ordinance. In the event that it is reasonably necessary to protect against an immediate threat of danger to the public health or safety, the Director may suspend any permit summarily, without a hearing, for a period not to exceed thirty days. Section 4. INSPECTION; IMPOUNDMENT . The premises on which a permitted animal is maintained shall be open at any reasonable hour for inspection by the Director . The Director shall have the authority to enter the premises at any reasonable hour in a lawful manner, and to take up, impound, and safely keep any animal upon denial, revocation, or suspension of a permit or when any owner refuses to apply for a permit. Procedures for the reclamation, redemption and destruction of impounded animals shall be accomplished pursuant to this Chapter. Section 5 . RULES AND REGULATIONS. The Director shall adopt such rules and regulations in conformity with, and for the purpose of, carrying out the intent of this Article as he deems necessary. Compliance with such rules and regulations shall be a prerequisite to the issuance and continued validity of any permit provided for in this Chapter. Section 6. APPEALS. Any person aggrieved by any decision or action resulting from the application of this Chapter may appeal to the City Council within five days from the date of permit denial. The filing of an appeal shall stay the decision or action appealed from; provided, that the filing of an appeal shall not stay any order of suspension or revocation. Section 7 . PERMIT FEE EXEMPTIONS. The applicant for an animal fanciers permit for livestock shall be exempt from any permit fee if such livestock are owned and raised by the appplicant as a member of and as part of the regular activities of, a nonprofit youth organization which is formed primarily for agricultural purposes . ARTICLE 2. DOG LICENSES Section 8. DOG LICENSE REQUIRED. Every person within the area owning, possessing, controlling, harboring, or keeping any dog over four (4) months of age shall procure a dog license tag for each dog, and annually thereafter, so long as such ownership, possession or control continues. - Section 9 . EXEMPTIONS . This Article does not apply to dogs found within the area under any of the following conditions : (a) When the dog is owned by, or in the care of, any person who is a nonresident or who is traveling through the area, or who is temporarily sojourning therein for a period of not exceeding thirty (30) days, if the dog is not permitted to run at large. (b) When the dog is brought into the area and kept therein for a period not exceeding thirty (30) days, for the exclusive purposes of entering the dog in any bench show, dog exhibition, field trials, or competition, if the dog is not permitted to run at large. (c) When the dog is brought or sent into the area for the exclusive purpose of receiving veterinary care in any dog hospital, if the dog is not permitted to run at large. (d) When the dog has a valid license from either the county or a city within the area, it shall not be subject to the license requirement herein. Section 10. TERM OF LICENSE,. The effective period of each dog license issued shall be for either 12 months or 24 months from the date of issue upon the payment of the fee specified by Section 43. Section 11 . LICENSE APPLICATION. The owner shall state at the time application is made, and upon standard printed forms of application provided for such purpose, his name and address and the name, breed, color, age, and sex of each dog for which application is made. . Section 12 . ANTI-RABIES VACCINATION REQUIRED. As a condition for the issuance of a license all applicants for such license shall procure and deliver to the Director a certificate issued by a duly licensed veterinarian certifying that the dog to be license has received anti-rabies vaccination sufficient to immunize said dog against rabies for the current license period. Section 13 . ISSUANCE OF TAGS AND CERTIFICATES . A tag and license certificate with corresponding number shall be furnished by the Director, upon payment of the appropriate fee. Section 14. OWNER MUST ATTACH LICENSE . The Director shall keep a record of the name of such owner or person making payment of such license fee and to whom a certificate and tag shall have been issued, and the number of such certificate and such tag . Such tag issued shall be securely fixed to a collar, harness, or other device to be worn at all times by the dog for whom the registration is issued. Section 15. TAG MUST BE SHOWN. No person shall fail or refuse to show the Director or any police officer the license certificate and the tag for any duly certified dog kept or remaining within any home or upon any enclosed premises under his immediate control . Section 16 . REMOVAL OF REGISTRATION TAGS PROHIBITED. No unauthorized person shall remove from any dog any collar, harness, or other device to which is attached a registration tag for the current year, or to remove such tag therefrom. Section 17 . LOST AND DESTROYED TAGS TO BE REPLACED IMMEDIATELY. If the dog license tag is lost or destroyed, the owner shall immediately procure a new duplicate license tag. Section 18. COUNTERFEIT AND IMITATION TAGS . No person shall imitate or counterfeit the tags prescribed by this Article, or have in his possession any imitation or counterfeit tags. Section 19 . DISPLAY OF LICENSE TO VETERINARIAN. When a duly licensed veterinarian practicing within the area innoculates a dog with a rabies vaccine and the owner or possessor of the dog does not present a current license for the dog to him, the veterinarian shall notify the animal control agency of the name and address of the owner or possessor of the dog. The animal control agency will provide necessary materials to each veterinarian for the purpose of reporting such information. ' ARTICLE 3. RUNNING AT LARGE/BITING Section 20 . RUNNING AT LARGE PROHIBITED. No owner shall allow or permit any dog, whether licensed or unlicensed, to be or run at large in or upon any public place or premises, or in or upon any private place or premises other than those of said owner except with the consent of the person in charge of said private place or premises, unless such dog is securely restrained by a substantial leash not to exceed six (6) feet in length and is in charge and control of a person competent to keep such dog under effective charge and control; provided however, nothing in this Section shall prevent a dog from being used without leash to hunt wild birds or game or to herd, guard, gather, or otherwise work domestic animals or fowls in or upon a public place or premises so long as such dog is under the charge and control of a person competent to keep such dog under effective charge and control and so long as such dog does not wrongfully harm or damage or threaten to harm or damage any person or public or private property. For purposes of this Section, any dog in or upon any vehicle shall be deemed to be on the premises of the operator therof. Section 21 . BITING ANIMALS TO BE QUARANTINED. Whenever it is shown that any dog or other animal has bitten any person or animals, or exhibits evidence of rabies, no owner or person having custody or possession thereof, upon order of the County Health Officer, shall fail, refuse, or neglect to quarantine such animal and keep it tied up or confined as specified by the Health Officer for a period of ten (10 ) days, or_ shall fail, refuse, or neglect to allow the Health Officer or his deputies to make an inspection or examination thereof at any time during said period . No such dog or animal shall be removed or released during the quarantine period without written permission of the Health Officer or his deputies . Unless otherwise specified by the Health Officer, such animals shall be confined in a shelter or veterinary hospital at the owner' s expense. The body of an animal dying while under quarantine shall be submitted to the Health Officer for examination for rabies . Section 22 . KNOWLEDGE OF BITE: DUTY TO REPORT . Whenever any person having charge, care, control, custody, or possession of any animal has knowledge that such animal has bitten any person or animal, or has been bitten by another animal , the person having charge, care, control, custody, or possession of such animal shall report said fact forthwith to the Director . The report shall state the name and address of the person bitten, and description of the person or animal bitten, if any, and the time and place where such person or animal was bitten, and any other information so ,requested by the Director. A copy of the report shall be forwarded by the Director to the County Health Officer within forty-eight (48) hours. Section 23. POLICE DOGS: INTERFERENCE WITH: MISTREATMENT OF. No person shall wilfully or maliciously torture, torment, beat, kick, strike, mutilate, injure, disable or kill any dog used by any peace officer in the performance of the function or duties of such department, or interfere with or meddle with any such dog while being used by said department or any member thereof in the performance of any of the functions or duties of said department or of such officer or member . Section 24. ANIMALS: DESTRUCTION OF PROPERTY. It shall be unlawful for any person owning or having under his control any animals to permit the same to damage or destroy plants or property of another person or to defecate, urinate or commit a nuisance on the property of any other person. Section 25 . BITING OR ATTACKING: MISDEMEANOR. The owner of a dog which bites or attacks a person when such person is conducting himself or herself peacefully and lawfully is guilty of a misdemeanor. This section shall not apply to the owner of a dog which is assisting a Peace Officer engaged in law enforcement duties . The provisions of this Section are independent of and in addition to any other procedures or penalties set forth in this Chapter. Section 26. ANIMALS IN VEHICLES. (a) No person, other than an individual actually working a dog for ranching purposes, shall transport or carry on any public highway or public roadway, any dog in a motor vehicle unless the dog is safely enclosed within the vehicle or protected by a cap or container, cage, cross-tether or other device to prevent the dog from falling from, being thrown from, or jumping from, the motor vehicle . As used herein, "motor vehicle" includes a trailer. (b) No person shall leave a dog or other animal in an unattended motor vehicle without adequate ventilation or in such a manner as to subject the animal to extreme temperatures which adversely affect the animal ' s health. ARTICLE 4. ABATEMENT OF VICIOUS DOGS Section 27 . PURPOSE AND INTENT. Within the City of Dublin there are vicious dogs which constitute a public nuisance which should be abated. The provisions of this Article provide an administrative procedure by which dogs found to be a nuisance may be abated following a hearing at which oral and documentary evidence is considered. This Article is intended to supplement rather than supplant any other remedy available either under state law or City ordinance. Section 28. VICIOUS DOG DEFINED. Any dog, except one assisting a Peace Officer engaged in law enforcement duties, which demonstrates any of the following behavior, is presumed vicious : (a) An attack which requires a defensive action by any person to prevent bodily injury or property damage when such person is conducting himself or herself peacefuly and lawfully. (b) An attack which results in property damage or in an injury to a person when such person is conducting himself or herself peacefully and lawfully. (c) An attack or another animal, livestock, or poultry which occurs on property other than that of the owner of the attacking dog. (d) Any behavior which constitutes a threat of bodily harm to a person when such person is conducting himself or herself peacefully and lawfully. For the purposes of this Section, a person is conducting himself or herself peacefuly and lawfully upon the private property of an owner or possessor of the dog when he or she is on such property in the performance of any duty imposed on such person by state or local law, or by the laws or postal regulations of the United States, or when he or she is on such property upon invitation, either express or implied. Section 29 . INVESTIGATION. Any dog quarantined pursuant to Section 21 of this ordinance for biting a human being and any incident reported to the Director concerning a vicious dog may be investigated by the Director. If, based on the investigation, the Director concludes there is probable cause to believe that the dog is vicious he shall so certify in writing within 10 days following completion of the investigation to the person owing or controlling the dog. Section 30. CONFINEMENT OF DOG. If there is probable cause to believe that a dog is vicious, and the Director so certifies, such officer shall insure that the dog is securely confined either on the premises of the owner or person controlling the dog, or, if considered necessary to protect the public health, safety and welfare, at an appropriate animal shelter . The confinement shall continue pending the decision of the hearing officer following the hearing provided for in the following section. Section 31. NOTICE OF HEARING. A hearing date shall be set no later than 10 days from the date of certification. The Director shall mail or otherwise deliver to the owner or person controlling the dog or other interested persons, at least 5 days prior to the date set for hearing, a notice in substantially the following form: "NOTICE OF HEARING REGARDING VICIOUS DOG" "NOTICE IS HEREBY GIVEN that pursuant to the provisions of Ordinance No. of the City' of Dublin, the Director has certified there is probable cause to believe your dog (decription) is vicious. FURTHER NOTICE IS HEREBY GIVEN that on the day of 19 at the hour of o' clock in Alameda County, California, the report of the Director will be considered by the Director together with such other oral and documentary evidence bearing upon the question of whether your dog is vicious . You may appear and may present evidence at, the hearing. In the event your dog is found to be vicious it will be ordered to be controlled, confined, destroyed, restricted or otherwise abated as a public nuisance and any impoundment cost incurred shall be assessed against you. Dated: Director Section 32. HEARING. At the hearing, which may be continued from time to time, both oral and documentary evidence may be taken from any interested person and considered in determining whether the dog is vicious . Section 33 . FINDINGS: PUBLIC NUISANCE. If, based upon the hearing, the Director finds that the dog is vicious he shall so specify in writing together with the reasons therefor . Any dog found to be vicious is hereby deemed a public nuisance and shall be, pursuant to the order of the Director, humanely destroyed or removed from the area, or the nuisance otherwise abated by appropriate order including, but not limited to confinement, fencing, muzzling or leashing. The decision of the Director shall be made within 10 days after the conclusion of the hearing and shall be final . A copy of the decision shall be sent by certified mail or otherwise delivered to the person owning or controlling the dog. • e Section 34. COST OF IMPOUNDMENT . If the Director finds the dog is vicious the city-incurred costs of impoundment including any abatement shall be paid by the owner or the person controlling the dog and shall become a lien against the real property upon which the dog was kept and maintained until said assessment is paid. If the order includes the release of a dog found to be vicious to the owner or person controlling it, the dog shall not be released until such costs have been paid in full . If such costs have not been paid within 30 days after the date of mailing or delivery of the order, the Director may dispose of the dog in any manner provided by law. Section 35 . PAYMENT OF ASSESSMENT. The assessment shall be due and payable within 20 days after the date of mailings or delivery of the order . If the assessment is not paid on or before said date the total amount thereof shall be entered on the next fiscal year tax roll as a lien against the propety upon which the dog was maintained and shall be subject to the same penalties as are provided for other delinquent taxes or assessments of the City, or an action may be brought in the name of the City to recover the assessment. ARTICLE 5. IMPOUNDING OF ANIMALS Section 36. IMPOUNDING OF ANIMALS. It shall be the duty of the Director to take up, impound, and safely keep any of the animals enumerated in this Ordinance and found running at large, staked, tied, or being herded or pastured in any street, lane, alley, court, square, park, or other place belonging to or under the control of said City. Section 37. STRAY ANIMALS. Every person taking up any stray animal or such animal which is running at large contrary to the provisions of this Ordinance shall within eight (8) hours thereafter give notice to the Director of (1 ) The fact that he has such animal in his possession. (2) The complete description of such animal. (3 ) The license number of such animal, if any, and by county or municipal corporation issued. If such animal has no license, such person shall so state. (4) The place where such animal is confined. Every such person and any person in whose custody such animal may, in the meantime, be placed may deliver such animal to the shelter without fee or charge; and the Director shall thereupon hold and dispose of such animal in the same manner as though such animal had been found at large and impounded by him. Section 38. NOTIFICATION TO OWNER. The Director shall immediately upon impoundment of dogs or other animals make every reasonable effort to notify the owners of such dogs or other animals impounded, and inform such owners of the conditions whereby they may regain custody of such animals. If the dog has a valid license, the owner shall be notified. Such notice shall be either personal or by deposit in the mails properly addressed and postage prepaid. Section 39. REDEMPTION OF IMPOUNDED ANIMALS. All animals impounded at the shelter shall b8 provided with proper and sufficient food and water by the Director. Unless such unlicensed animals shall have been redeemed within five (5) days after being impounded, or licensed animals seven (7 ) days after notificaion provided for in the preceding Section, they may be sold by the Director to the person offering to pay a cash amount set by the Director, but not less than ten dollars ($10) therefor, provided that the purchaser shall not be given possession of any dog or dogs until he shall have paid to the licensing authority the license fee or fees prescribed for such dog or dogs. If any dog or other animal impounded by the Director shall not have been redeemed within said period and cannot be sold within a reasonable time thereafter, it may be destroyed by the Director in a humane manner. In lieu of destruction, the Director may release without charge animals to any humane organization that provides an animal adoption service. The Director shall maintain a file at the shelter describing each animal impounded therein, for at least the prescribed period beginning on the day any such animal is taken or delivered into the possession of the shelter . Section 40. RECLAIMING LICENSED ANIMALS. The owner of any licensed impounded animal shall have the right to reclaim the same at any time prior to the lawful disposition thereof upon payment to the Director of the costs and charges by resolution provided for the impounding and keeping of said animals. Section 41 . RECLAIMING OF UNREDEEMED ANIMAL BY OWNER. The owner of any impounded animal may, at any time within thirty (30 ) days after sale by Director, redeem from the purchaser by paying him the amount of the purchase price paid by him to the Director, and any license fee paid and in addition thereto the sum equal to rates established by resolution per day for the number of days from the date of sale to and including the date of such redemption. Section 42. DESTRUCTION OF IMPOUNDED ANIMALS UNFIT FOR USE BY REASON OF AGE, DISEASE, OR OTHER CAUSE. It shall be the duty of the Director, and he is hereby so authorized, to forthwith destroy any animal lawfully impounded which is by reason of age, disease, or other cause unfit for adoption, or is dangerous to keep impounded. ARTICLE 6. FEES Section 43. LICENSE FEE. Annual dog license fees shall be established by resolution of the City Council upon recommendation of the Director . The fee for a neutered dog shall be one-half in amount. Section 44. FAILURE TO PROCURE LICENSE, PENALTY. Any person who fails to procure or renew a dog license within forty-five (45 ) days of the date requiring such license, shall , in addition to any other penalty prescribed in this Chapter, be subject to a penalty equal to twenty-five ( 25%) percent of the license fee, such penalty to be added to the license fee and collected with the license fee. Section 45. EXCEPTIONS. (a) "Seeing Eye" dogs owned and actually used by a blind person shall be exempt from a license fee as specified in this Article. (b) Any dog owned by the city or other government entity and used by a peace officer in the performance of his functions or duties shall be exempt from a license fee as specified in this Article. Section 46. OTHER FEES AND CHARGES . The Director shall charge, collect and receive a fee or charge: for the replacement of a current dog tag which has been lost or stolen; for the impoundment of animals; for the feeding and caring of impounded animals; for the pickup and return of stray livestock; and for owner requested euthanasia of any animal; which fees and charges shall be established by resolution of the City Council upon recommendation of the Director. Section 47. REDUCTION OF FEES. Upon good cause shown, the Director MAY equitably adjust the fees and charges specified in Section 46 by the waiver or reduction thereof. The Director shall keep an accurate record of each such transaction and the reason therefor. ARTICLE 7. EXOTIC ANIMALS Section 48. DECLARATION OF INTENT . The City Council hereby finds and declares that it intends to provide for the public health, safety and welfare through the regulation and control of exotic animals not otherwise regulated and controlled by Federal, State or local laws and 'hereinafter provided. Section 49. DEFINITIONS . For the purpose of this Article, unless it is plainly evident from the context that a different meaning is intended certain terms used herein are defined as follows : "Exotic animal" shall mean any of the following: (a) Following members of the Class Reptilia: Order Phidia ( such as, but not limited to, racers, boas, water snakes and pythons) over six feet in length, and Order Loricata (such as, . but limited to, alligator, caymans and crocodiles) over two feet in length. (b) Following members of the Class Aves : Order Falconiformes (such as, but not limited to, hawks, eagles and vultures which are not kept pursuant to Federal or State permit) , and Subdivision Ratitae ( such as, but not limited to; ostriches, rheas, cassowaries and emus) . (c) Following members of the Class Mammalia: Order Carnivora, expressly excepting the domestic dog (canis familaris ) and the domestic cat ( felis catus) and including, but not limited to, the Family Felidae (such as ocelots, margays, tigers, jaguars, leopards and cougars) , the Family Canidae (such as wolves, dingos, coyotes and jackals) , and Order Marsupialia (such as kangaroos and common opposums (didelphis marsupiala) and Order Chiroptera (bats) and Order Edentata (such as sloths, anteaters and armadillos) , and Order Proboscidea (elephants) and Order Primatea (including, but limited to, monkeys, chimpanzees and gorillas) and Order Ungulata ( including, but not limited to, antelope, deer, bison and camels) . (d) Any species of animal when kept, maintained or harbored in such numbers or in such a manner as to constitute the likelihood of danger to the animals themselves, to human beings or to the property of human beings. (e) Any species of animal which is venomous to human beings whether its venom is transmitted by bite, sting, touch or other means, except honey-producing bees. "Owner" shall mean any person, firm or corporation owning, having an interest in, or having control , -custody or possession of any exotic animal . "Impound" shall mean to take possession of and hold in the custody of the Director . Section 50 . . PERMIT REQUIRED. No person shall own or keep any exotic animal without first applying to and receiving from the Director a permit to do so. The application for a permit shall contain the name of the applicant, his address, the address of the proposed location of the exotic animal, if different from the applicant' s, and a brief description of the applicant ' s plan for keeping the exotic animal which shall incude the species of animal, the number of individuals of each species and a description of the housing facilities, for the exotic animal . Fees for keeping of exotic animals shall be established by resolution of the City Council . The initial fee for the issuance of each permit shall be valid for a period of one year from the date of issuance unless revoked or suspended. The fee may cover either one exotic animal or a collection, and the maximum number of specimens permitted to be kept shall be specified in the permit. Whenever a new exotic animal or collection is added so as to exceed the maximum number permitted, a new permit must be secured and a new fee shall be due and payable at the time of issuance of the permit. Whenever, in any given permit year, there are new exotic animals in a collection due to the reproduction of members of the collection or due to trade, exchange, or replacement in the same number and of the same zoological order as the members of the collection traded, exchanged or replaced, the new exotic animals do not require an additional permit during that year, provided the Director is notified in writing of the new exotic animals within thirty days of acquisition. Section 51 . RENEWAL PERMIT. Each succeeding year a renewal permit shall be obtained by a holder of a permit to keep exotic animals. The fee for the issuance of a renewal permit shall be the same as that fee currently chargable for an initial permit, and it is due and payable each year on the anniversary of the date of the issuance of the initial permit. If during the preceding year or years, more than one initial permit has been issued an applicant, the former permits may be consolidated so that only one renewal permit is required; provided, however, that the renewal date for the consolidated permit shall be the date of the issuance of the earliest initial permit. A renewal fee for an exotic animal permit shall become delinquent ninety days after it becomes due and payable, and upon delinquency, an additional delinquent fee established by resolution of the City Council shall be added to the regular fee. An unpaid delinquent fee shall be added to a succeeding year ' s renewal fee. Section 52. APPROVAL OF APPLICATION. Upon receipt of an application for an initial permit by the Director, he shall make any investigation he deems proper. He shall approve an application, with the concurrence 'of the County Health Officer, if he makes all of the findings specified below. The Director shall make any investigation he deems proper. He shall approve an application if he finds all of the following: (a) The keeping of the exotic animal at the loction specified in the application will not violate any ordinance or other regulation of this City or any law of the state; (b) The keeping and maintenance of the exotic animal will not endanger the peace, health, or safety of persons in the immediate vicinity, or in the City as a whole; (c) The premises and housing where the exotic animal is to be kept are in clean and sanitary condition, and any exotic animal will not be subject to suffering, cruelty or abuse; (d) The applicant has not had a permit, issued pursuant to this Article, revoked within a year prior to the date of applications; ( e) The keeping and maintenance of the exotic animal does not constitute a public nuisance. Section 53 . REVOCATION AND SUSPENSION. Any permit issued pursuant to this Article may be revoked, if, after investigation and a duty noticed hearing, the Director finds any of the following to be true: (a) The permittee, his agent or employee has been convicted of any offense involving the violation of Sections 596 to 599 inclusive, of the Penal Code or is in violation of any zoning, health and safety or building ordinance relating to the keeping of exotic animals; or (b) The permittee has failed to keep and maintain the premises or housing for the exotic animals in a clean and sanitary condition; or (c) The permittee has at the place for which the permit is issued, failed to provide any exotic animal with proper food, water, shelter or attention; or (d) The permittee has violated any rules, regulations or conditions adopted by the Director as necessary to insure the exotic animal will not endanger the peace, health or safety of any person or property; or, (e) The permittee has changed the location of his residence or his place of business or sells, assigns, transfers, donates, leases, or otherwise disposes of the exotic animal for which the permit was issued. If, after investigation, the Director concludes that it is probable that one or more of the above grounds for revocation has occurred, he shall cause written notice thereof to be transmitted by certified mail to the address of the permittee. Said notice shall specify the grounds for possible revocation of the permit and shall specify a date and time for an informal hearing to be held before the Director thereon. Said date shall be not less than ten days subsequent to the date of deposit of the notice in the mail . After the informal hearing, the Director may modify the terms thereof or revoke the permit depending upon the permittee ' s ability and/or willingness to comply with the requirements of this Article. In the event that it is reasonably necessary to protect against an immediate threat or danger to the public health or safety, the Director may suspend any permit summarily, without a hearing, for a period not to exceed thirty days. Section 54. INSPECTION; IMPOUNDMENT . The premises on which an exotic animal is maintained shall be open at any reasonable hour for inspection by the Director. The Director shall have the authority to enter the premises at any reasonable hour in a lawful manner, and to take up, impound, and safely keep an" exotic animal upon denial, revocation, or suspension of a permit or when any owner refuses to apply for a permit. Procedures for the reclamation, redemption and destruction of impounded exotic animals shall be accomplished pursuant to Section 35 et. seq. Section 55 . RULES AND REGULATIONS. The Director may formulate rules and regulations in conformity with, and for the purpose of carrying out the intent of this Article. Compliance with such rules and regulations shall be a prerequisite to the issuance and continued validity of any permit provided for in this Article . Section 56. EXEMPTIONS. The provisions of this Article are not applicable to the following: (a) Owners who use animals for diagnostic purposes or research, and who have a valid permit issued by a governmental agency and whose animals are kept on the premises specified in the permit. (b) Owners who use animals for teaching purposes in recognized educational institutions and whose animals are kept on the premises of the institution or other authorized place. (c) Owners of establishments which treat or board animals on the premises and which are owned or operated by veterinarians licensed by the State of California. (d) Owners who are engaged in agriculture as a permitted use pursuant to the zoning ordinance and in connection therewith on the premises affected keep animals as beasts of burden (such as horses, donkeys, mules or burros) , or raise animals as farm animals in dairying nd animal and poultry husbandry. (e) Owners of horse riding academies and public and private • horse stables and premises on which they are operated. (f) Owners of establishments licensed to keep animals for the purpose of resale whose animals are kept on the premises of such establishment or other authorized place . Section 57 . APPEALS . Any person aggrieved by any decision or action resulting from the application of this Article may appeal to the City Council within 5 days from the date of decision or action. The filing of an appeal' shall stay the decision or action appealed from; provided, that the filing of an appeal shall not stay any order of suspension or revocation. Section 58. VIOLATION. Violations of the provisions of this ordinance are a misdemeanor. Section 59. EFFECTIVE DATE AND POSTING OF ORDINANCE. This Ordinance shall take effect and be in force thirty 30 ) days from and after the date of its passage. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3 ) public paces in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. PASSED AND ADOPTED by the City Council of the City of Dublin on this day of 1987, by the following vote: AYES: NOES: ABSENT: Mayor ATTEST: City Clerk I ley humane >ociey A Chapter of Pets and Pals, Inc. Play 1619 193G Mr. Paul S. Rankin Assistant to the City Manager 6500 Dublin Boulevard Post Office Box 9.340 Dublin, California 94568 Dear Mr. Rankin: The Valley Humane Society tvould like to request that the city of Dublin consider adopting the Alameda County Ordinance on Animals in Vehicles (copy of ordinance and effect of ordinance' study enclosed). We feel that both sections of this ordinance are important in helping to guarantee the safety of animals in our cities. However, in addition, that part of the ordinance which deals with unsecured animals in the back of trucks is vital to also insure human safety. The possible effects of an animal falling out of a truck if the driver swerves or makes a sudden stop and other vehicles swerve to avoid a large falling or flying object are obvious. Simply stated, resulting collisions could kill or injure car occupants. We hope that you will seriously consider our request. The county, as stated in Mr. Hing's report, felt that the effects of such an ordinance could only be positive. As with the county, actual stopping of persons for carrying unsecured animals would probably have to be done by a police officer in a vehicle equipped with sirens and lights. However, since Animal Control officers have radio contact with the police department, if @they see a person violating the ordinance, they could probably request assistance from an officer in a squad car. In addition, perhaps mail citations based on an Animal Control officer's noting license plate numbers of violators would be possible. Thank you so much for your consideration. Sint ely, �v Vicky rosetti President, VHS VC:de enclosure P.O. BOX 9001-220 PLEASANTON, CA 94566 • : '.. L r, r•.IJ r:�<^' • ' AAGENDA . COUNTY ADMINISTRATOR y �7 STEPHEN A.HAMILL MEL HIND COUNTY ADMINISTRATOR April 27, 1984 ASSISTANT COUNTY ADMINISTRATOR Honorable Board of Supervisors Administration Building Oakland, CA 94612 Dear Board Members: Subject: Ordinance on Animals in Vehicles RECOMMENDATION (1) Your Board consider the feasibility of adopting a draft ordinance, whicn maKes it a misdemeanor to transport an unsecured dog in a pick-up truck or to leave any animal in an unattended vehicle without adequate ventilation. (2) The draft ordinance was prepared by County Counsel in anticipation of a request to your Board. (3) While this matter is submitted to you for policy consideration, I believe we should be cautious in using ordinances to resolve puDlic issues. Adding more ordinances are not necessarily solutions -- they may become meaningless or even tools for harassment. In this instance, public awareness may be the better answer, at least initially. SUMMARY The Board requested our office to review a proposed ordinance prohibiting transporting of an unsecured dog in the bacK of a pickup truck prior to the public consideration of the ordinance. The Sheriff's Department, County Counsel and our office have reviewed the proposal and agreed to the attached proposal . P DISCUSSION Contra Costa and Marin Counties have recently adopted ordinances prohibiting transportation of unsecured dogs in the back of a pickup truck and the leaving of any animal in an unattended vehicle without adequate ventilation. A f citizen of Alameda County is going to ask that a similar ordinance be passed in Alameda County during May 1984. The Sheriff's Department, County Counsel's Office and my office have reviewed the two existing ordinances and the concept of creating a similar ordinance in 1221 OAK STREET • SUITE 555 •OAKLAND. CALIFORNIA 94612 •14151 574.6252 Hon. Board of Supervisors -2- April 27, 1984 Alameda County. The consensus was the ordinance would not have an adverse financial impact to the County, add significantly .to its workload and the publicity surrounding the passage of the ordinance would have a positive impact on the problem. The Sheriff's Department indicated that the experience in the two counties since they passed their ordinance has been one of substantial voluntary compliance. Enforcement by the Sheriff's Department would be carried out by the Deputy Sheriff patrol staff rather than the Animal Control Officers. The reason for this is the Animal Control Officers are not equipped to make vehicle stops. Violations of the ordinance will be a misdemeanor. Convictions could result in a fine of $50 or 10 days in jail. FINANCING It is difficult to assess the financial impact to the County; however, it appears that the impact would be minimal. There is the unknown potential of limited revenue resulting from fines for violating the ordinance. Very truly yours, MEL HING COUNTY ADMINISTRATOR MH:GMH:lb Att. cc: County Counsel Sheriff 6802 f U • v , " -• . ORDINANCE NO. 84- AN ORDINANCE ADDING SECTION 3-48.7 TO THE ORDINANCE CODE OF THE COUNTY OF ALAMEDA RELATING TO ANIMALS IN VEHICLES The Board of Supervisors of the County of Alameda do ordain as follows: SECTION I Section 3-48.7 is added to the Ordinance Code of the County of Alameda to read: Section 3-48.7. ANIMALS IN VEHICLES. a. No person, other than an individual actually working a dog for ranching purposes, shall transport or carry on any public highway or public roadway, any dog in a motor vehicle unless the dog is safely enclosed within the vehicle or protected by a cap or container, cage or other device to prevent the do- from falling from, being thrown from, or jumping from, the motor vehicle. As used herein, "motor vehicle" includes a trailer. b. No person shall leave a dog or other animal in an unattended motor vehicle without adequate ventilation or in such a manner as to subject the animal to extreme temperatures which adversely affect the animal's health. SECTION II This Ordnance shall take effect and be in force thirty (30) days from and after the date of its passage and before the expiration of fifteen (15) days after its passage it shall be published once with the names of the members voting for and against the same in The Inter-City Express, a newspaper published in the said County of Alameda. Adopted by the Board of Supervisors of the County of Alameda, State of California, on the day of , by the following called vote: AYES: Supervisors NOES: Supervisors EXCUSED: Supervisors Chairman of the Board of Supervisors of the County of Alameda, State of California ATTEST: WILLIAM MEHRWEIN, Clerk of the Board of Supervisors, County of Alameda, State of California By ,.r:.0 y 7 •,,� hF-.: LEI". ar d Y T t..�Y, y` Yi.{• ! dK `+ yr.Y 19,,y. /y,' S' as�.tW'+-.4Y Ir � _�- ,f1fy. 'k"',•a-n.n.�"� t 'R.-":.h�` +` s A.r M1'' ' :.:, r 'a. �:hr .e ,..�•.�: ,^n' i -r1 6i, nVlr.fa.j,^.SS.t<..c)uz.n.. Y>x tY TA s .,t. �.,�+w.C.`,• �k. y',..e -x'ia. z�:•..1.- L 1"r.•a• ..�� a .� 2; '''S s.4 N;- � .It k y., .wr -xr^ -9. ,tt7» t ,: Ll ?>.- .s.;.,. .,�"rr• '-`K y'G t.�.S':" aL ? ... /x ...y Z. ai"�,+�_•,ri• », .ih 1 ".c�. ai'�. y rt �'t^iy," a� "'S=&'Jp.r t"' d^''�".- ., t 4•f,,,a R'3 q.. F.r a` .:f:it:.'c :n.'l`•',..Py1. .." ,�.m..,,. 5 � -.e. °'T , 2-'h1r. ,��..1`rF j? ` .,. 1 i C.� .?`^'it%f.+-j ,..r.nw 't, `5 ;.t' z-sl 't d+r•:'y� .�.e �, y ren.,f5.:a:w - .-L u.,:.....ti.-� �_...w:.ry .....�.....�r_..c__Y..t.A,-,L.,.:_..w...x..,�,r�a.:;r.�.a..s�•X:. � .s. *tt'.:a."-�•::.....,,�:.u:�:�:�1' 2'._c,..-_{.s,tws.,.w f I ORDINANCE NO."WS3 AN ORDINANCE ADDING SECTION 3-4&7 TO THE ORDINANCE CODE OF THE I' COUNTY OF ALAMEDA RELATING TO ANIMALS IN VEHICLES The Board of Supervisors of the County of Alameda do ordain as follows: SECTION 1 Section 348.7 is added to the Ordnance Code of the County of Alameda to llead: Section 348.7.ANIMALS IN VEHICLES. a No person other than an individual aclusly working a dog for randirmg proposes.shmd banspoi or carry on arty PLAft highway or public roadway,any dog in a motor vehicle unless the dog is safely enclosed vrlthin the vehicle or protected by a cep or container,cape.oross-bth er or other device to prevent the dog from falling,being thrown from.or jratnpkmg from.the motor vehicle.As used herein. -°motor vehicle'includes a trailer. b. No person shall leave a dog or other animal in an unattended motor valicia which u at- fact or in such a manner as to subject the animal W extreme ttemperatures w fed fhe ar*Ws hearth. SECTION 0 This Ordnance shalt take elled and be in force thirty(30)days from pas- sage and before the expiration of fifteen(15)days after Its passage k thal be published once with names of the members voting for and against the same in The kterCRy Express.a newspaper put} Yshed in the said County of Alameda the Adopted by the Board of Supervisors d County of Alerneda,stab at CaYforria.on the 29th day of May,1984,by the following called vote: AYES:Supervisors Born,Cooper.Excel.Santana and Chat"George—5. NOES:None. I EXCUSED:None. JOHN GEORGE. l. Chairman of the Board of Supervisom of the County of Alameda.State 0(CallOn*L ATTEST: WLLL4kM MEHRWEtN. Clark to the Board Of supervisors. County of Alarneda.State of Cagfomia. By VVLLIAM MEHRWEIN- 40609165•--8.41 t i I I ' i I ' I i i i