HomeMy WebLinkAboutTC Ord 1998-06-03
ORDINANCE NO. 435 NS.
AN ORDINANCE OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON REPEALING ORDINANCE NO. 426 N.S.
AND ADOPTING BY REFERENCE THE
AMENDED ANIMAL CONTROL REGULATIONS OF
TITLE 8 OF THE MARIN COUNTY CODE PERTAINING
TO AN INCREASE IN LICENSE FEES, CONFINEMENT & QUARANTINE,
AND POTENTIALLY DANGEROUS AND VICIOUS DOGS
The Town Council of the Town ofTiburon does ordain as follows:
SECTION I. Ordinance No. 426 N.S., previously adopted on February 15, 1997, is
hereby repealed.
SECTION 2. Section 20-1 of the Tiburon Municipal Code is hereby amended to read
as follows:
Section 20-1 AdoPtion of Countv Code
Pursuant to Government Code Section 50022.9, the Marin County Animal Control
Regulations set forth in Title 8 of the Marin County Code as Chapters 8.04, including
amendments to Sections 8.04.050, 8.04.060, 8.04.070, 8.04.150 and 8.04.181, pertaining to
an increase in license fees, confinement and quarantine, and potentially dangerous and vicious
dogs, are adopted by reference and shall be in full force and effect within the Town of
Tiburon.
SECTION 3. SEVERABILITY
If any section, subsection, clause, sentence, or phrase of this Ordinance is for any
reason held to be invalid or unconstitutional by a decision of a Court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of the
Ordinance. The Town Council of the Town of Tiburon hereby declares that it would have
passed this Ordinance, any section, subsection, sentence, clause or phrase thereof, irrespective
of the fact that anyone or more sections, subsections, sentences, clauses, or phrases may be
declared invalid or unconstitutional.
SECTION 4. EFFECTIVE DATE.
This Ordinance shall take effect and be in force thirty days after the date of passage,
and before the expiration of fifteen (15) days after passage by the Town Council, a copy of
Town Council Ordinance No. 435 NS. - Animal Control-Effective July 3, 1998 1
the ordinance shall be published with the names of the members voting for and against it at
least once in a newspaper of general circulation published in the Town of Tiburon. This
ordinance was introduced at a regular meeting of the Town Council of the Town ofTiburon
on May 20, 1998, and was adopted at a regular meeting of the Town Council of the Town
of Tiburon on June 3, 1998, which was noticed pursuant to Government Code Section
50022.3, by the following vote:
AYES: COUNCILMEMBERS: Bach, Gram, Hennessy, Matthews,
Thompson
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
7~ S,71!d.,~
HARRY . MATTHEWS, MAYOR
Town ofTiburon
DIANE L. CRANE, TOWN CLERK
2
!rYt-
8.04.010
Chapter 8.04 8.04.190 Stray animals.
8.04.195 Fees for pickup and disposal of
ANIMAL CONTROL dead dogs, cats and small
household pets and wildlife.
Sections: 8.04.200 Biting animals to be reported.
8.04.010 Short title. 8.04.220 Estray livestock - Cbarges.
8.04.020 Definitions. 8.04.230 Use of animals for exhibits.
8.04.030 Licenses required - Periods. 8.04.240 Commercial animal
8.04.040 Rabies vaccination. establishment.
8.04.041 Rabies vaccination for cats, 8.04.245 Dog bobbyists.
veterinarian reporting 8.04.246 Ranch dog permittees.
requirements. 8.04.250 Sale of animals for
8.04.045 Sale or gift of dog. experimentation.
8.04.050 Confinement and quarantine. 8.04.252 Animals and vehicles.
8.04.060 License fee. 8.04.255 Senior citizen, blind or disabled
8.04.070 Delinquent license penalty. persons discount on specified fees.
8.04.080 Duplicate license tags. 8.04.260 Penalty for violation.
8.04.090 Display of license tags.
8.04.10() Exceptions. 8.04.010 Sbort title.
8.04.110 Animal control officer - This chapter shall be known and may be referred
Appointment. to in all proceedings as the animal control
8.04.120 Poundkeeper and its animal ordinance. (Ord. 1333 S I, 1964)
control officers - Powers and
duties. 8.04.020 Definitions.
8.04.122 Hearings. For the purposes of this chapter, the following
8.04.130 Disposition of animal. by words and phrases are defmed and shall be
poundkeeper. construed as hereinafter set forth unless it is
8.04.140 Redemption of impounded apparent from the context that a different meaning
animals. is intended.
8.04.150 Fees for redemption, placement, (a) "County" means the county of Marin.
surrender. (b) "Commercial animal establishment" means
8.04.160 Dogs running in certain public any location where the business of grooming,
areas. buying. selling, bartering, training, renting or
8.04.170 Dogs running on certain private boarding of dogs. cats, wild animals. domestic
lands. animals or fowl is conducted. This definition shall
8.04.175 Dog control by responsible not apply to:
person. (1) Buying or selling livestock for dairy
8.04.179 Prohibition of babitual animal purposes;
noise whicb unreasonably disturbs (2) Dairy establishments:
the peace. (3) Buying and selling of dogs by dog hobbyists;
8.04.180 Prohibition of animals trespassing (4) Buying and selling of dogs by ranch dog
on pu> lie or private property. pennittees;
8.04.181 Potentially dangerous and vicious (5) Business activities of a duly licensed
dogs. veterinary hospital;
8.04.185 Limitation on number of dogs.
8.04-1
8.04.020
(6) Training facilities where owners are commencing with the date of the rabies vaccination
trained to handle their own pets; of the dog and expiring the year following the date
(7) The county humane society. of issili.llce of such license. Such license shall be
(c) "Dog" means any animal of the canine procured not later than September 30th in any year
family. or within thirty days after the day upon which the
(d) "Dog hobbyist" means any person who owns dog is four months old. or within thirty days after
or keeps, within or adjoining a private residence, the day upon which the dog, if over the age of four
four or more dogs for personal and noncommercial months, is first owned by a resident of the county
purposes, which are limited to hunting, tracking, and thereafter shall be maintained on a current basis
exhibition in dog shows, obedience trials, field from year to year. Dog owners may, with proof of
trials, dog sledding, or to enhance or perpetuate a multi-year rabies vaccination, choose to repay
given breed, and who has secured a permit for such licenses for one, two or three years, with fmal
activity in accordance with the provisions of Section expiration coincident with the expiration of the
8.04.245. No permit shall be granted for the purpose rabies vaccination. (Ord. 2942 ~ 1, 1987: Ord. 2411
of breeding, keeping or training dogs for use in dog ~ I, 1979: Ord. 1444 ~ 1, 1965: Ord. 1347 (part),
fighting events. 1964: Ord. 1333 ~ 3, 1964)
(e) "Dog license" means the license required to
be annually issued for each individual dog. 8.04.040 Rabies vaccination.
(f) "Licensed dog" means any dog for which the Whenever the laws of this state requITe
license for the current year has been issued and to vaccination of dogs against rabies, no license shall
which the tag provided for in this chapter is be issued for any dog required to be vaccinated until
properly attached. the issuing authority is given satisfactory written
(g) "Owner" means any person who owns, keeps evidence of compliance under such law; provided,
or harbors an animal for fifteen or more consecutive however, that whenever state law does not require
days, except a veterinarian or an operator of a the vaccination of dogs against rabies, a license may
kennel or a pet shop engaged in the regular practice be issued for any dog without evidence of rabies
of this business as such. vaccination. (Ord. 1333 ~ 3.1, 1964)
(h) "Ranch dog permittee" means any person who
owns or keeps within or adjoining a residence, 8.04.041 Rabies vaccination for cats,
building, lot oc area which is zoned for agricultural veterinarian reporting
uses under Title 22, four or more dogs for personal, requirements.
recreational, noncommercial purposes, or purposes (a) Purpose: There has been an alanning increase
related to agricultural pursuits including, but not in the number of rabid skunks and other wildlife in
limited to, the control. herding and protection of Marin County over the last several years. It has,
livestock and other domesticated animals, and who therefore, become increasingly important that
has secured a permit for such activity in accordance domestic animals who might come in contact with
with the provisions of Section 8.04.246. As used in infected wildlife be vaccinated. This section is
this section, "agricultural" has the same meaning as intended to protect cats who come in contact with
set forth in Section 22.02.020. (Ord. 2799 ~ I, infected wildlife by vaccination, and to require
1983: Ord. 2288 ~ 1, 1977: Ord. 1333 ~ 2, 1964) veterinarians to provide evidence of vaccination
certificates of dogs and cats to the Humane Society
8.04.030 Licenses required - Periods. of Marin County.
Every owner of a dog which is over the age of (b) All cats shall be vaccinated against rabies.
four months and which is kept in the county shall Any person in possession, control, or ownership of
rocure a license for each such dog. for each year, any cat shall have that cat vaccinated against rabies.
804-2
8.04.041
(c) Any veterinarian operating either at an is due and payable with the issuance of a license as
established place of business or at a mobile clinic required in Section 8.04.030. (Ord. 3068 9 2, 1991:
sha1l provide a copy of a rabies vaccination Ord. 2942 9 3, 1987: Ord. 2411 9 2, 1979: Ord.
certificate for any cat or dog vaccinated by hirnlher 2221 9 I, 1976: Ord. 1712 9 4, 1969: Ord. 1333 9
to the Humane Society of Marin County within ten 3.3. 1964)
days of vaccination. (Ord. 2942 9 2. 1987)
8.04.070 Delinquent license penalty.
8.04.045 Sale or gift of dog. Any owner failing to procure and pay for such
Upon the sale or gift of a dog, the person making license within the period a1lowed in Section
such sale or gift shaJI notify the anirnaI control 8.04.030 sha1l pay the delinquent penalty for such
officer of the name and address of the person failure in the amount established by resolution of
purchasing or receiving the dog within thirty days the board of supervisors. The delinquent penalty
of the date of such sale or gift. (Ord. 1712 9 2, may be waived where failure to pay is due to
1969) reasonable cause and circumstances beyond the
control of the dog owner which shall be determined
8.04.050 Confinement and quarantine. by the poundkeeper or the county tax collector. Any
(a) Unlicensed dogs under the age of four months person dissatisfied with a determination denying
shall be confined in the property of the owner. and waiver of the delinquent penalty sha1l be entitled to
a1l dogs shall be so cOnfmed for thirty days after a hearing which shall be conducted pursuant to the
receiving the initial rabies vaccination. provisions of Section 8.04.122. Every owner of a
(b) The owner of a quarantined animal sha1l pay dog which is over the age of four months and which
a fee of thirty dollars toward an animal control is kept in the county shall procure a license for each
officer's costs in providing and insuring that the such dog, for each year, commencing within thirty
animal IS quarantined at the anirnaI owner's days of vaccination and ending one year following
property. If any person fails or refuses to obey any the date of issue of such license. Such license shall
lawful order for the quarantine of an animal for be procured not later than thirty days after the day
observation of rabies, any animal control officer upon which the dog is four months old, or within
may impound the animal for such quarantine at the thirty days after the day upon which the dog, if over
additional expense of the owner at the rate of twelve the age of four months, is first owned by a resident
dollars 'per day for each dog, and nine dollars for of the county and therearer shall be maintained on
each cat. (Ord. 3068 9 1, 1991: Ord. 2640 9 1, a current basis from year to year. (Ord. 2942 9 4,
1981: Ord. 2570 9 1, 1980: Ord. 2424 9 1, 19i9: 1987; Ord. 2891 9 1, 1985: Ord. 2411 9 3, 1979:
Ord. 171293, 1969: Ord. 1333 9 3.2, 1964) Ord. 2289 9 1, 1977: Ord. 1712 9 5, 1969: Ord.
1333 9 3.4, 1964)
8.04.060 License fee.
(a) The dog license fee shall be imposed on all 8.04.080 Duplicate license tags.
dogs. The license fee for dogs which have not been If a license tag is lost, the owner may secure a
neutered or spayed shall be twenty dollars for a one- duplicate tag upon presentation of satisfactory proof
year license, thirty-nine dollars for a two-year of such loss, and payment of a fee of two dollars.
license, and fifty-seven dollars for a three-year (Amended in 3/93 supplement; Ord. 2289 9 2,1977:
license. Ord. 1333 9 3.5, 1964)
(b) The license fee for dogs which have been
neutered or spayed shaJI be seven dollars for a one-
year license, thirteen dollars for a two-year license
and eighteen dollars for a three-year license. The fee
8.04-3
8..04.090
8.04.090 Display of license tags. (a) To enforce all provisions of this chapter and
The license tag issued to the owner upon securing all the laws of the state of California relating to the
of a license shall be attached securely to a collar or care, treattnent and impounding of animals, and
harness or other suitable device on the dog for specifically to issue citations and to make arrests for
which issued at all times that the dog is in the violations of the provisions of this chapter and
county and not confined indoors or in an enclosed related state laws;
yard or pen. The license certificate and tag shall be (b) To maintain and keep an animal shelter or
shown by the owner or person in control of the dog other place where all animals which are subject to
at any time upon demand by the animal control be impounded may be kept and safely held and
officer or his deputies. (Ord. 1333 ~ 3.6, 1964) provided with proper and sufficient food and water;
(c) To take up, impound and safely keep any
8.04.100 Exceptions. animals where authorized under the provisions of
Any dog bred or raised to be a guide or service this chapter or the laws of this state;
dog which meets the criteria established by the (d) To collect any costs or charges hereinafter
poundkeeper for such dogs, or which is owned and provided in this chapter for the impounding and
used by a blind person as a guide dog or which is keeping of any animal;
owned and used by a disabled person as a service (e) Where authorized under the provisions of this
dog is exempt from the license fee while being so chapter or the laws of this state, to enter upon any
raised or while being so owned and used, but is not premises upon which any animal is kept for the
exempt from being licensed or from any required purpose of taking up, seizing or impounding of any
vaccination. The provisions of Section 8.04.030 animal or for the purpose of determining whether
shall not apply to any dog owned by or in the care such animal is licensed or is violating the provisions
of a nonresident of the county who is traveling of this chapter;
through the county or temporarily sojourning therein (f) To destroy any animal lawfully impounded
for a period not exceeding thirty days. For purposes which by reason of injury, disease or other cause is
of this section a "service dog" is a dog trained or unfit for further use, or is dangerous to keep
bred to assist disabled persons. (Ord. 3138 ~ 1, impounded;
1993: Ord. 1712 ~ 6, 1969; Ord. 1333 ~ 3.7, 1964) (g) To enter upon any private or public property
in order to pick up and dispose of any dead animal;
8.04.110 'Animal control officer - (h) To destroy or dispose of any animal where
Appointment. authorized pursuant to the provisions of this chapter;
The humane society of Marin County IS (i) To make determinations in accordance with
appointed as the poundkeeper for the county, and the provisions of this chapter. (Ord. 2799 ~ 2, 1983:
the humane society shall appoint suitable persons to Ord. 2288 ~ 2, 1977: Ord. 1964 ~ I, 1973: Ord.
act as animal control officers. All animal control 1333 ~ 4.1,1964)
officers shall, for the purpose of enforcing this
chapter, be deemed to be peace officers. (Ord. 1712 8.04.U2 Hearings.
~ 7, 1969; Ord. 1333 ~ 4, 1964) The county administrator or his designated
deputy, is authorized to conduct hearings in all cases
8.04.UO Poundkeeper and its animal authorized by the provisions of this chapter. Written
control officers - Powers and notice of the time and place of the hearing shall be
duties. given to the animal oWner at least ten days prior to
The powers and duties of the poundkeeper and the date set for hearing, unless the animal owner
animal control officers shall be as follows: expressly requests, in writing, that the hearing be set
for an earlier date, and the poundkeeper agrees to
8.04-4
8.04.122
do so. Service of the notice shall be made in (d) Sterilization of Animals Released for
accordance with the provisions of Section 1.04.190. Adoption. No dog or cat shall be released for
Where the owner of any affected animal is adoption without being sterilized or without
unknown, notice of the hearing shall be given by obtaining a deposit on sterilization. It shall
posting the same in the office of the poundkeeper, constittlte a misdemeanor to fail to sterilize any dog
in the office where the hearing is to be held, and at or cat adopted from the county animal shelter within
some public place in the general vicinity of the the period specified by their subsection and the
location where the animal came into the possession unsterilized animal shall be impounded.
of the poundkeeper. If the owner of the affected (e) Other Animals. The poundkeeper shall keep
animal fails to appear at the hearing, the hearing any other impounded animal for a period of at least
shall nevertheless proceed, and an appropriate order seven days. At any time after the expiration of such
shall be issued in accordance with the provisions of period the poundkeeper may, unless the animal is
this chapter. (Ord. 2288 9 9, 1977) redeemed or unless a bona fide home has been
obtained for the animal, destroy it in a humane
8.04.130 Disposition of animals by manner. (Ord. 3138 9 2, 1993: Ord. 2799 9 3, 1983:
poundkeeper. Ord. 2288 9 3, 1977: Ord. 1712 9 8, 1969; Ord.
Except where otherwise provided in this chapter, 1333 9 4.2, 1964)
the poundkeeper shall keep any dog or animal
impounded for violation of the provisions of this 8.04.140 Redemption of impounded
chapter or turned over to him for disposal for the animals.
period of time hereinafter specified and shall dispose Except where redemption is not pennitted by this
of the same in accordance with the following chapter, redemption of an impounded animal by the
provisions: owner shall be made by exhibiting to the
(a) Unlicensed Dogs. Unless an unlicensed dog poundkeeper proof or the owner's identity and any
has been redeemed within ninety-six hours after required license certiricate or license tag or other
being impounded, Mondays and holidays excepted, satisfactory proof of ownership with proof of the
the poundkeeper shall either place the dog in a bona owner's identity, and by paying the charges
fide home or destroy it in a humane manner. The provided for under Section 8.04.150. If such animal
recipient of a dog placed in a bona fide home shall is sold or released to a person other than the owner,
not be -given possession of any such dog until he the owner of such animal may, at any time within
has secured a license for the dog. thirty days after such sale or release, redeem the
(b) Licensed Dogs. Unless a licensed dog has same from such purchaser or other person by paying
been redeemed within seven days after him the amount of t.1e purchase price, if any, plus
impoundment, Mondays and holidays excepted. such a sum equal to three dollars and fifty cents a day for
dog may be disposed of in the same manner as an each redeemed dog, and a sum equal to cwo dollars
unlicensed dog. The poundkeeper shall notify the and fifty cents a day for each redeemed cat and
registered owner of the dog by mail at the address other animal from the date of such sale or release,
shown in the licensing records of the county, the to and including the date of redemption. except that
notice to be given within twenty-four hours of no person may redeem an animal under this section
impoundment. if he was given written notice of such impoundment
(c) Stray Cats. Unless a stray cat has been by the poundkeeper and failed for a period of five
redeemed within ninety-six hours after being days after the mailing or such notice to redeem or
impounded, Mondays and holidays excepted, the release such animal from impoundment. (Ord. 2424
poundkeeper shall either place the cat in a bona fide 9 2, 1979: Ord. 2288 9 4, 1977: Ord. 1333 S 4.3,
home or destroy it in a humane manner. 1964)
8.04-5
8.04.150
8.04.150 Fees for redemption, placement, public parks, or in any school, or upon any school
surrender. grounds, or in any commercial district, or in any
(a) Redemption Fees. No dog or other animal game r"fuge, or in any public watershed area; and
may be released by the poundkeeper to the owner every dog found running at large in violation of the
until all charges, cost of redemption and the current provisions of this section shall be immediately
year's license charge have been paid. The charges seized and impounded. Any duly authorized peace
and cost of redemption of the impounded animal officer shall be entitled to take such other action as
shall be a fee of thirty-five dollars for the first may be reasonably necessary for the protection of
impoundment in any fIScal year. a fee of fifty wild game in those cases involving dogs running at
dollars for the second impoundment in any fiscal large in game refuges or public watershed areas.
year, a fee of seventy-five dollars for the third (Ord. 1333 ~ 5, 1964)
impoundment in any fiscal year. a fee of one
hundred dollars for the fourth impoundment in any 8.04.170 Dogs running on certain private
fiscal year, and a fee of one hundred twenty-five lands.
dollars for each additional impoundment in any It is unlawful for the owner or person having
fiscal year plus in each impoundment a charge of control of any dog to suffer or permit the same to
ten dollars per day for keeping of any dog, and a . run upon the lands of another whereon livestock or
charge of five dollars per day for the keeping of any domestic fowl are kept, without the consent of the
cat or other animal, except as to the keeping of such owner or person entitled to the use or possession of
animals specified in Section 8.04.220, of which the such lands. (Ord. 1333 ~ 5.1, 1964)
keeping charges shall be specified in Section
8.04.220. 8.04.175 Dog control by responsible
(b) Placement of Animals. When a dog or other person.
animal is sold by the poundkeeper. pursuant to this Dogs shall at all times be kept under the
chapter, the price shall not be less than ten dollars immediate control and direction of a responsible
for dogs and two dollars for cats and other small person. Any dog which is not subject to such
animals. control and direction may be seized and impounded.
(c) Surrender. The surrender of an animal by (Ord. 1712 ~ 10, 1969)
owner to the poundkeeper subsequent to
impoundment.for a violation of this chapter or any 8.04.179 Prohibition of babitual animal
provisions of state law shall not relieve the owner noise which unreasonably disturbs
of the obligation to pay such charges as set forth in the peace.
this section, prior to such surrender, plus the (a) Subject to the provisions of subsections (b),
accumulated boarding charges or those applicable (c), and (d) of this section, it is unlawful for any
charges set forth in Section 8.04.220. (Ord. 3068 ~ person to suffer or permit any dog, cat, fowl, or
3,1991: Ord. 2901 ~ 2,1986: Ord. 2640 ~ 2,1981: other animal to habitually bark, yelp, howl or create
Ord. 2570 ~ 2, 1980: Ord. 2424 ~ 3, 1979: Ord. noise in such a manner which unreasonably disturbs
2289 ~ 3, 1977: Ord. 1963 g 1, 1973: Ord. 1712 ~ the peace of any person(s).
9, 1969: Ord. 1333 ~ 4.4, 1964) (b) Any person who shall keep or permit to
remain on any premises, an animal which disturbs
8.04.160 Dogs running in certain public the peace of any person in the manner set forth in
areas. subsection (a) of this section shall be guilty of an
It is unlawful for the owner or person having infraction for a first offense and for a subsequent
control of any dog to suffer or permit the same, second offense as provided in Section 8.04.260(b).
under any circumstances, to run at large in any Any person found in violation of this subsection for
8.04-6
8.04.179
a third or additional offense shall be guilty of a taken into protective custody if the sheriff
misdemeanor. An animal kennel regulated by a use determines it can be accomplished without
permit under the provisions of the Marin County unreasonable risk of injury or damage to the
Code shall not be subject to the provisions of this involved parties, the animal or private property. If
section. This section shall not apply to cUStO~".IY an animal is taken into protective custody, the
animal noises of livestock, horses or other animals sheriff shall immediately provide written notice
kept or owned for agricultural activities in areas conspicuously posted on the property from which
including but not limited to farms, ranches and the animal has taken, or by personal service to the
stables which are zoned or legally permitted for owner or keeper. This notice shall include the
such purposes. conditions under which the animal was taken, how
(c) Except as otherwise provided in subsection the animal can be redeemed and the provisions for
(d) of this section, the sheriff, upon receipt of a a hearing under subsection (e) of this section.
documented complaint affirming that a violation as Within twenty-four hours, notice shall also be given
declared in this section exists, may notify the owner in accordance with Section 1.04.190. Where the
or keeper of the offending animal and direct that owner or address is unknown, notice of the hearing
such violation be abated. If the sheriff receives a shall be given by posting the same in the office of
second complaint from any person within thirty days the sheriff and by publication in a newspaper of
of the notice of complaint of an additional violation general circulation. Notice shall then be deemed
by the animal, then the sheriff may issue a citation. given on publication of the notice.
Before issuing a citation the sheriff shall obtain a An animal placed under protective custody under
documented complaint which shall include the this section may be redeemed by the owner Dr its
identification of the complainant and information keeper provided there IS presented to the
setting forth the basis for the complaint. poundkeeper proof of the owner's identity and any
Whenever possible, the sheriff may recommend required license certificate or license tag or other
the services of county mediation to the complainant satisfactoty proof of ownership and by paying the
and the owner or keeper of the animal as a means charges provided for under Section 8.04.150. Any
of resolving the animal nuisance noise. Mediation animal taken into custody under this section may be
is voluntary and both parties must agree in writing sold or released by the poundkeeper to a person
within ten business days of the complaint or other than the owner or keeper, if the animal is not
citation: Mediation must then be concluded within redeemed within thirty days except when seizing
thirty business days of the agreement to mediate. If agency notifies poundkeeper that owner IS
mediation is refused by either party or IS unavailable due to physical absence or otherwise
unsuccessful at the end of the thirty business days, unable to redeem C1e animal.
then the direction that violation be abated shall (e) The owner or keeper of an animal taken into
remain. protective custody under this section shall be
(d) The sheriff may cause an animal to be entitled to a hearing conducted by a hearing officer
immediately taken into protective custody by the designated by the county administrator or his
poundkeeper and/or issue a citation with a designee pursuant to the provisions of Section
documented complaint if it is determined by the 8.04.l81(f)(4). The hearing shall be conducted for
sheriff after investigation of the complaint and the purpose of determining whether the taking of the
interview of the complainant and the owner or animal into protective custody was proper. The
keeper if he or she can be located, that the noise hearing shall be held within ten business days
created by the animal cannot be abated or quieted following the taking of the animal into custody
so that it continues to disturb the peace of the provided such owner or keeper files a written
complaining person(s). The animal may then be request for a hearing with the sheriff within five
8.04-7
8.04.179
business days following written notice. The hearing (I) Any dog seized under Section 599aa of the
shall be conducted in accordance with the provisions Penal Code and upon the sustaining of a conviction
of Sections 8.04.181(f) (7), (8), (9) and (10). Unless of the owner or keeper under subdivision (a) of
the hearing officer otherwise determines, the owner Section 597.5 of the Penal Code;
or keeper is liable for all charges related to such (2) Any dog which. when unprovoked, in an
taking of the anima1 into protective custody. (Ord. aggressive manner, inflicts severe injury on or kills
3197 9 1. 1995: Ord. 3138 9 3, 1993) a human being;
(3) Any dog previously determined to be and
8.04.180 Prohibition of :>nim:>l. trespassing currently listed as a potentially dangerous dog
on public or private property. which. after its owner or keeper has been notified
. It is unlawful to suffer or permit any anima1 or of this determination, continues the behavior
fowl to trespass on private or public property so as described in Section 8.04.1 81 (b) or is maintained in
to damage or destroy any property or thing of value, violation of Section 31641, 31642 or 31643 of the
or so as to commit any other act dangerous to California Food and Agricultural Code.
public health or safety, and any animal committing (d) "Animal control depamnent" means that
such an act is a public nuisance. (Ord. 3138 9 4, agency appointed as poundkeeper for the county of
1993: Ord. 2288 9 5, 1977) Marin under the provisions of Section 8.04.110.
(e) "Director" means executi ve director of Marin
8.04.181 Potentially dangerous and vicious County animal services or any person authorized to
dogs. act on his/her behalf.
(a) Except as otherwise provided under the (f) A hearing on whether a dog shall be declared
provisions of subsections (b) through (m) of this potentially dangerous or vicious shall be conducted
section. the provisions of Chapter 9, Articles 1 in the following manner:
through 5, Sections 3160 I through 31683 and any (I) If the director has investigated and
amendments thereto exclusive of Sections 31602, determined that there exists probable cause to
31603, 31606 and 31644 of the Food and believe that a dog is potentially dangerous or
Agricultural Code are adopted and incorporated by vicious as defmed by this section, a hearing shall be
reference herein. conducted. The director shall prepare a petition
(b) "Potentially dangerous dog" means any of the specifying the basis as to why the dog is potentially
following: dangerous or vicious.
(1) Any dog which. when unprovoked on two (2) Whenever possible, any complaint received
separate occasions within the prior thirty-six month from a member of the public which serves as the
period, engages in any behavior that requires a. evidentiary basis for the director to find probable
defensive action by any person to prevent bodily cause shall be sworn to and verified by the
injury when the person and the dog are off the complainant and shall be attached to the petition.
property of the owner or keeper of the dog; (3) Prior to commencement of the hearing and if
(2) Any dog which when unprovoked. bites a the allegations of the petition indicate that the dog
person causing a less severe injury than as defined is potentially dangerous as defined under Section
in Section 31604 of the Food and Agricultural 8.04.181 (b), the county administrator or his designee
Code; may offer in writing mediation services as an
(3) Any dog which when unprovoked has killed, alternative to a hearing provided both the
seriously bitten, inflicted injury or otherwise caused complainant and the owner agree in writing to
injury attacking a domestic animal off the property mediation. Mediation must be concluded within
of the owner or keeper of the dog; thirty days of the offer to mediate. If mediation is
(c) "Vicious dog" means any of the following: refused or is unsuccessful, then the matter shall be
8.Q4...8
8.04.181
referred to a hearing under subsection (f)(I) of this the date the county admini'trator or his designee has
section. determined in writing that mediation has not been
(4) The county administrator or his designee shall accepted or has been unsuccessful.
designate a hearing officer from a panel of up to (6) In cases where complaint(s) from the public
five persons whose membership shall be designated serve as the evidentiary basis for the director to
by the board of supervisors. Hearing officer prepare a petition. at least one of the complainants
applicants shall have had a minimum of five years' or his or her designee in the matter must appear and
expenence as a practicing attorney and prior testify at the hearing or the complaint shall be
experience in administrative, arbitration or mediation dismissed.
hearings. Prior experience in care and control of (7) If the owner fails to appear at the hearing, the
animals shall also be considered but is not hearing shall nevertheless proceed and an
necessary. The hearing officer shall conduct a appropriate order shall be issued.
hearing on whether a dog shall be declared (8) The hearing officer shall consider all relevant
potentially dangerous or vicious. The hearing officer responsible evidence without regard to the formal
shall be compensated for the actual hours devoted mles of evidence, including circumstances of
to the hearing and its determination at the existing mitigation. and the record of any prior violations by
hourly rate or fraction thereof allowed a traffic the owner.
referee of the Marin County municipal court. (9) All witnesses shall testify under oath or
(5)(i) The county administrator or his designee affirmation. The oath shall be administered by the
shall provide written notice to the owner of the hearing officer. The hearing officer may, when
specific behavior of the animal alleged in the appropriate. request the production of oral or
petition and the date upon which a hearing will be documentary evidence which is reasonably necessary
held to consider the petition. The hearing shall be and relevant to conduct a hearing. All proceedings
held not more than fifteen days after service of shall be tape recorded.
notice upon the owner. The notice shall advise the (10) The hearing officer shall issue a written
owner of the consequences of a finding of determination based upon a preponderance of the
potentially dangerous or vicious and the owner's evidence, which shall be mailed to the owner within
right to present evidence as to why the dog should seven days after the hearing is completed.
not be declared potentially dangerous or vicious. (II) If an animal is found to be potentially
Service' of the notice shall be made in accordance dangerous or vicious by a preponderance of the
with Section 1.04.190. Where the owner or address evidence, the animal shall be so designated on the
of any affected owner is unknown, notice of the records of Marin County animal services. Such a
hearing shall be given by posting the same in the designation shall be considered ill furore
office of the director and by publication in a determinations involving the anima! and/or owner.
newspaper of general circulation. Notice shall then (12) The owner of a dog for which a potentially
be deemed given on publication of the notice. dangerous petition has been issued may irrevocably
(ii) A hearing may be continued if the hearing waive his right to a hearing and any further appeal
officer deems it necessary and proper or upon a under Food and Agriculroral Code Section 31622
showing of good cause. and accept all conditions, sanctions and penalties set
(iii) The time for hearing and the hearing forth in Food and Agricultural Code Sections 31641,
provisions of subsectior. (d)(5)(i) of this section 31642 and 31643, and Section 8.04.l81(k).
shall be stayed if mediation services are offered (g) In accordance with the provisions of Food
pursuant to the provisions of subsection (f)(3) of and AgricultUral Code Section 31641, the owner of
this section. The time for hearing and the hearing a potentially dangerous dog shall in addition to the
provisions of this subsection shall recommence at regular licensing fee, pay to the animal control
8.04-9
8.04.181
agency an annual fee of twenty-five dollars to from the date of designation as vicious, may apply
provide for the increased costs of maintaining the to the director to remove the animal from the list of
records of the dog. viciou. animals. The director sha1l remove the
(h) The owner of a dog determined to be vicious animal from the list of vicious animals upon proof
shall, in addition to the regular licensing fee, pay to of the successful completion of at least eight weeks
the anima1 control agency an annual fee of fifty of formal obedience training. other similar evidence
dollars to provide for the increased costs of of training, or other rehabilitative efforts designed
maintaining the records of the dog. to mitigate the risk to public safety.
(i) The owner of a dog determined vicious shall. (m) All sanctions imposed on dogs determined
at hislher own expense, have the vicious animal potentially dangerous or dangerous prior to the
registration number assigned to the dog tattooed enactment of the ordinance' codified in this section
upon the dog's left ear or, if the left ear is not shall remain in effect, except that any violations
available, on the left inner thigh, by a licensed subsequent to the enactment of this section shall be
veterinarian or a person trained, authorized and governed by this s<oction. In determining subsequent
licensed to do business as a tattooist. As an violations the following provisions shall apply: Any
alternative to tattooing, an owner may have a dog previously determined potentially dangerous
microchip injected beneath the skin, and between prior to the enactment of this section, shall be
the shoulder blades of the animal by a licensed considered potentially dangerous as defmed under
veterinarian. Toe owner shall provide proof the provisions of this section and subject to all of its
satisfactory to Marin County animal services of such provisions governing the regulation and disposition
tattooing or microchipping within thirty days of the of potentially dangerous dogs; any dog previously
vicious determination. determined dangerous prior to the enactment of the
0) An owner of a vicious dog shall, within ten ordinance codified in this section shall be considered
days of such determination, present said animal at vicious as defined under the provisions of this
the Marin County animal services and allow section and subject to all of its provisions governing
photographs and measurements of the animal to be the regulation and disposition of vicious dogs. (Ord.
taken for putposes of identification. 3138 S 3,1993: Ord. 3041 S 3. 1990: Ord. 3031 S
(k) An owner of a dog found potentially 3, 1990: Ord. 2969 S 3. 1988)
dangerous under Section 8.04.181 (b), who has no
additional violations of any of the provisions of 8.04.185 Limitation on number of dogs.
Title 8 of the Marin County Code, within a thirty- Except as provided in Sections 8.04.245 and
six-month period from the date of designation as 8.04.246 of Chapter 8.04, and except as provided in
potentially dangerous, shall be removed from the list Chapters 22.10, 22.12, 22.32, 22.36, 22.38 and
of potentially dangerous dogs by the director. The 22.47, and other than legal uses now in existence,
dog may be, but is not required to be, removed from it is unlawful for any person to keep or harbor more
the list of potentially dangerous dogs prior to the than three dogs which are over the age of four
expiration of the thirty-six-month period. if the months on any lot, premises, dwelling, building,
owner or keeper of the dog demonstrates to the structure, boat or living accommodation. As used in
director that changes in circumstances or measures this section. lot, dwelling, building and structure
taken by the owner or keeper, such as training of have the same meaning as set forth in Chapter
the dog, have mitigated the risk to public safety. 22.02. (Ord. 2288 S 6, 1977: Ord. 2174 S 3, 1975)
(1) An owner of a dog found vicious under
Section 8.04.l81(c)(3), who has no additional 8.04.190 Stray animals.
violations of any of the provisions of Title 8 of the Any person discovering a stray or apparently lost
Marin County Code, after a thirty-six-month period
8.04-10
.-
8.04.190
animal shall report the same to the poundkeeper. The county shall also be entitled to collect for all
Any person who apprehends or picks up a stray or costs incurred in connection with such animals,
lost anirna1 shall report the same to the poundkeeper including, but not limited to, the cost of herding,
within eight hours thereafter and shall release such advertising, transporting, drugs, and veterinary
animal to the poundkeeper upon demand. (Ord. services. A herding fee of twenty-five dollars per
1333 S 5.3, 1964) hour or any fraction thereof shall be charged in
connection with such animals which are returned to
8.04.195 Fees for pickup and disposal of the owner' by the county. (Amended in 3-93
dead dogs, cats and small supplement; Ord. 2901 S 4, 1986: Ord. 2640 S 3,
household pets and wildlife. 1981: Ord. 25709 3, 1980: Ord. 2535 S 1, 1979:
A fee of twenty dollars shall be charged an owner Ord. 2424 S 4, 1979: Ord. 2289 9 5, 1977: Ord.
of a dead dog. cat or small household pet for the 1712 S 11, 1969: Ord. 1333 S 5.6, 1964)
pickup and disposal of the animal by the
poundkeeper. A fee of twenty-five dollars shall be 8.04.230 Use of animals for exhibits.
charged for pickup and disposal of dead wildlife It is unlawful for any person to operate, conduct
under fifty pounds, and fifty dollars for dead or maintain any commercial show, circus. animal
wildlife over fifty pounds, by the poundkeeper. exhibition, carnival or advertising display or device
(Ord. 3138 9 8, 1993: Ord. 2901 9 3, 1986: Ord. in which any dog, cat or other animal, wild or
2289 !l 4, 1977: Ord. 1964 !l 2, 1973) domestic, or fowl. is used or kept without first
having obtained a permit therefor. A permit fee of
8.04.200 Biting animals to be reported. one hlL~dred dollars is imposed for such purposes.
The owner or other person having custody or The poundkeeper shall, in connection with the
control of any animal which bites a human being Issuance of any such permit, establish such
shall immediately notify the county health officer of conditions as may be reasonably necessary to protect
such bite. giving the name and address of the person the public health and safety, and to provide for the
bitten, if known to him, and shall faithfully obey humane c:rre and treatment of any dogs, cats or
any quarantine instructions given by the health other animals, wild or domestic, or fowl, which may
officer. (Ord. 1333 !l 5.4. 1974) be so used. The poundkeeper may waive the permit
fee when the use of the animals for exhibit benefits
8.04.220 Estray Iivestock--Charges. a nonprofit organization, and the poundkeeper also
Notwithstanding any provisions in this chapter to determines that an inspection of the exhibit is not
the contrary, the Agricultural Code of the state of necessary. (Amended in 3-93 supplement; Ord. 2570
California, Division 3, Chapter 5, shall be complied !l 4, 1980: Ord. 2424 9 5, 1979: Ord. 2289 9 6,
with in reference to estray bovine animals, horses, 1977: Ord. 1333 9 5.7, 1964)
mules or burros; however, stray animals will be
subject to the following charges: 8.04.240 Commercial animal
(1) For every horse, mare, ass, ox, cow, bull, establishment.
colt, or calf over the age of six months, the charge It is unlawful for any person to operate or
of forty dollars and an additional charge of ten maintain any commercial animal establishment
dollars per day for keeping; without first obtaining a permit therefor. An annual
(2) For every colt or calf under the age of six permit fee of one hundred dollars is imposed for
months and for every sheep. Iamb, goat or hog. a such purposes. Such permit shall expire on the last
charge of twenty-five dollars and an additional day of the twelfth month from the date of issue. In
charge of nine dollars per day for keeping. the event that application for renewal is not made
on or before the date of expiration. a delinquency
8.04-11
8.04.240
charge of twenty percent of the fee shall be decision to the applicant or perotittee. Upon
assessed. For every calendar month of delinquency. conclusion of the hearing. the presiding officer shall
an additional twenty percent of the fee shall be issue an appropriate order sustaining, modifying or
assessed. setting aside the determination of the poundkeeper.
The poundkeeper shall, in connection with the (c) Revocation of Perotit. A perotit may be
Issuance of any such perotic, establish such revoked, or continued. subject to limited conditions
condition as may be necessary to provide for the of use, if the poundkeeper determines that any of
humane care and treatment of the dogs. cats and the following conditions exist:
other animals, either domestic or wild. The (1) The perotittee has violated the provisions of
poundkeeper may deny or revoke such perotit when this chapter twice in one license year.
necessary to insure the humane care or treatment of (2) The perotittee has been convicted of cruelty
the dogs, cats or other animals whether they are to animals.
domestic or wild. (Amended in 3-93 supplement; (3) The perotittee has failed to comply with the
Ord. 2570 g 5, 1980: Ord. 2424 g 6, 1979: Ord. conditions of the perotit.
2289 g 7, 1977: Ord. 1712 g 12, 1969: Ord. 1333 (4) Continuation of the perotit will create a
g 5.8, 1964) public nuisance or health hazard.
(5) Continuation of the perotit will create a
8.04.245 Dog hobbyists. nuisance in the neighborhood in which the perotit
(a) Regulations. The poundkeeper is authorized has been issued.
and directed to adopt and to submit for approval to Any perotittee aggrieved by the revocation or
the board of supervisors comprehensive regulations modification of a perotit may request a hearing
concerning dog hobbyist activities, including but not provided by Section 8.04.122. A request for a
limited to the number of dogs that a dog hobbyist hearing shall be in writing and filed with the
may maintain. the types of premises allowed to be poundkeeper not later than seven days following
licensed. the sale of dogs, and related matters. transmittal of the poundkeeper's decision to the
(b) Perotit. An individual who wants to qualify perotittee. Upon conclusion of the hearing, the
as a dog hobbyist must apply for a perotit from the presiding officer shall issue an appropriate order
poundkeeper. A perotit shall be issued if the sustaining, modifying or setting aside the
poundkeeper determines, after investigation, that the determination of the poundkeeper.
applicant is a bona fide dog hobbyist, maintains (d) Fees and Licenses. The poundkeeper shall
appropriate premises for the proper confinement and collect a fee for the issuance of each dog hobbyist
control of the animals, will not create a nuisance in perotit. The fee shall be in an amount established by
the neighborhood in which the activity is proposed, resolution of the board of supervisors. The issuance
and m all other respects complies with the of a dog hobbyist perotit shall include provision of
regulations adopted by the poundkeeper pertaining an individual license for each deg harbored under
to dog hobbyists. Perotits may be issued subject to the perotit at no additional charge.
such conditions as the poundkeeper determines are (e) Confinement. All dogs Cinder the control of
necessary to protect the public health and welfare a dog hobbyist must be confmed to the owner's
and to avoid the creation of a nuisance or public property at all times, except when removed for
health hazard. Any applicant or perotittee aggrieved training, recreational use or exhibition, at which
by the revocation or modification of a perotit may times they must be under the immediate control of
request a hearing provided by Section 8.04.122. A the perotittee or agent. (Ord. 2570 g 6, 1980: Ord.
request for a hearing shall be in writing and filed 2288 g 12, 1977)
with the poundkeeper not later than seven working
days following transmittal of the poundkeeper's
8.04-12
..- ,..-......-.
8.04.246
.
8.04.246 Ranch dog permittees. (b) For purposes of this section a person shall be
The provisions and regulations provided in considered to be disabled if that person is unable to
Section 8.04.245 for dog hobbyists shall govern and engage in any substantial gainful activity by reason
apply to all ranch dog permittees. The fees and of any medically determinable physical or mental
license requirements for any ranch dog permittee impairment which can be expected to last for a
shall be the same as provided in Section 8.04.245 continuous period of not less than twelve months,
for dog hobbyists. (Ord. 2288 g 13, 1977) and only if the physical or mental impairments are
of such severity that person is not only unable to do
8.04.250 Sale of animals for his or her previous type of work, but cannot,
experimentation. considering age, education and work experience,
Neither the poundkeeper nor anyone in his engage in any kind of substantial gainful work.
employ shall knowingly sell or give any impounded (c) A person shall be considered blind if there
animal to any person. firm, corporation, association has been a medical determination of either of the
or school for the purpose of animal experimentation. following conditions:
No person, firm, corporation, association or school (I) Central vision acuity (sharpness of vision) of
shall by fraud, misrepresentation or coercion induce no more than 20/200 with correction; or
the poundkeeper or anyone employed by him to ~ell (2) Tunnel vision, which is limited visual field
or give away any impounded animal for the purpose of twenty degrees or less. (Ord. 2891 ~ 2. 1985:
of animal experimentation. (Ord. 1333 g 5.9, 1964) Ord. 2570 g 7, 1980)
8.04.252 Animals and vehicles. 8.04.260 Penalty for violation.
(a) No person, other than an individual actually (a) Except where otherwise provided, any person.
working a dog for ranching purposes, shall transport violating any of the provisions of Section 8.04.179,
or carry, on any public highway or public roadway 8.04.180,8.04.181,8.04.240,8.04.245 and 8.04.246
any dog in a motor vehicle, unless the animal is of this chapter is guilty of a misdemeanor.
safely enclosed within the vehicle or protected by (b) Any person violating any other of the
a cap or container, cage or other device that will provisions of this chapter is guilty of an infraction
prevent the dog from falling from, being thrown as provided in Section 19.6 of the Penal Code, and
from, or jumping from the motor vehicle. upon conviction thereof shall be punished by a fine
(b) No person shall leave a dog or any other of not more than fifty dollars for the first offense
animal in an unattended vehicle without adequate and for a second or subsequent offense by a fine of
ventilation, or in such a manner as to subject the not more than one hundred dollars (Ord. 3197 g 2,
animal to extreme temperatures which adversely 1995: Ord. 2969 ~ 4, 1988: Ord. 2288 ~ 7, 1977:
affect the animal's health or welfare. (Ord. 2799 ~ Ord. 2174 ~ 2, 1975: Ord. 1909 ~ 3, 1972: Ord.
4, 1983) 1333 ~ 6, 1964)
8.04.255 Senior citizen, blind OF disabled
persons discount on specified fees.
(a) Senior citizens age sixty-two and older, blind
or disabled persons, upon satisfactory proof to the
county tax collector or poundkeeper shall be entitled
to a discount of twenty-five percent off the dog
license fee and prorated license fee provided under
Section 8.04.060, and the spayed and neutered fee
provided under state law.
8.04-13
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