HomeMy WebLinkAboutTC Ord 1997-01-15
ORDINANCE NO. 426 N.S.
AN ORDINANCE OF THE TOWN COUNClL OF THE
TOWN OF TIBURON ADOPTING BY REFERENCE THE
AMENDED ANIMAL CONTROL REGULATIONS OF
TITLE 8 OF THE MARIN COUNTY CODE INCLUDING
SECTION 8.04.179 PERTAINING TO ANIMAL NOISE
The Town Council of the Town ofTiburon does ordain as follows:
SECTION 1. Section 20-1 of the Tiburon Municipal Code is hereby amended to read
as follows:
Section 20-1 Adoption of County 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, 8.08 and 8.12,
including all current amendments thereto, are adopted by reference and shall be in full force
and effect within the Town of Tiburon with the following exception: all references in Marin
County Code Section 8.04.179 to the Marin County Sheriff shall be deemed to refer to the
Police Chief of the Town of Tiburon.
SECTION 2. 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 3. 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
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 ofTiburon.
Town Council Ordinance No. 426 NS. - Animal Control-Effective 2/15/97 1
I This ordinance was introduced at a regular meeting of the Town Council of the Town
of Tiburon on January 2, 1997, and was adopted at a regular meeting of the Town Council
of the Town ofTiburon on January 15,1997, which was noticed pursuant to Government
Code Section 50022.3, by the following vote:
AYES: COUNClLMEMBERS: Ginalski, Hennessy, Thayer, Wolf
NOES: COUNClLMEMBERS: None
ABSENT: COUNClLMEMBERS: Thompson
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THERESE M. HENNESSY, OR
Town of Tiburon
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DIANE L. CRANE, TOWN CLERK
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.-....._'.......-"- , MEMORANDUM
, , COUNTY OF -'v/
I f MARIN COUNTY ADMINISTRATOR'S OFFICE
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October 10, 1996 / [Ri~(c~O~~ID)
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OCT 1 519:-., -.
TO: City Managers . ~
Sulci senn~inistrative Analyst TOWN MANAGflFt';> tJr"'''CE
FROM: TOWN OF TIBURO;'I
RE: Animal Control Ordinance Amendments
Attached for your information is a copy of the amendments to sections of Chapter 8.04
(Animal Control) which were adopted by the Marin County Board of Supervisors on
~ October 8, 1996. If you have not yet agendized this matter it is recommended that you
,. do so as soon as possible because implementation of the increased license fees for dogs
will be delayed until all the jurisdictions are aboard. (For the newer managers'
I information, the MMA supports the increase in dog license fees.) Please let me know
~ when you have adopted the amendments so that I can let Animal Control services know
when to implement the increased fees. Mill Valley and Larkspur have already begun the
process.
,~Thanks.
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Animal Control
l. Chapter 8.04
ORDINANCE 3236
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AN ORDINANCE OF THE BOARD OF SUPERVISORS OF THE COUNTY OF
MARIN AMENDING SECTIONS 8.04.050, 8.04..060, 8.04.070, 8.04.150,
8.04.181, OF THE MARIN COUNTY CODE PERTAINING TO CONFINEMENT ..
QUARANTINE FEE PAYMENT, INCREASE IN LICENSE FEES FOR DOGS, DELINQUENT
LICENSE FEES PENALTY , INCREASED FEES FOR REDEMPTION, PLACEMENT OR
SURRENDER, POTENTIALLY DANGEROUS AND VICIOUS DOGS SERVICE AND
CLASSIFICATION.
The Board of supervisors of the County of Marin does hereby
ordain as follows:
Section I. Sect:ion 8.04.050 of the Marin County Code is hereby
amended to read as follows:
8.04.050 Confinement .. Quarantine.
(a) Unlicensed dogs under the age of four months shall be
confined in the property of the owner, and all dogs shall be
so confined for thirty days after receiving the initial
rabies vacation.
~: (b) The owner of a quarantined animal shall pay a fee of
i thirty dollars toward an animal control officer's costs in
\. providing and insuring that the animal is quarantined at the
animal owner's property. If any person fails or refuses to
obey any lawful order for the quarantine of an animal for
observation of rabies. any animal control officer may impound
the animal for such quarantine at the additional expense of
the owner at the rate of twelve dollars per day for each dog,
and nine dollars for each cat.
(cl Ouarantine fees are cavable within 30 davs of issuance
of an invoice. Pavrnent is delinauent if not received within
60 davs. In the event that oavrnent is not received within 60
davs. a delinauencv charae eaual1 ina the amount of the
" invoice shall be assessee.. For ~ach additional month of
delinauencv another twenty oercent oenaltv shall be assessed.
Section II. Section. 8.04.060 of the Marin County Code is hereby
amended to read as follows:
8.04.060 License fee.
(a) The dog license fee shall be imposed on all dogs. The license
r fee for dogs which have not been neutered or spayed shall be
thirtv dollars for a one year license, forty-five dollars for a
two year license and sixty dollars for a three year license.
(bl The license fee for dogs ,..hich have been neutered or
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spayed shall be ten dollars for a one year license, fifteen
dollars for a two year license and twenty dollars for a three
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year license. The fee is due and payable wi th the issuance
I of a license as required in Section 8.04.030.
Section III. Section 8.04.070 of the Marin County Code is
", hereby amended to read as follows:
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8.04.070 Delinquent license penalty.
Any owner failing to procure and pay for such a license within the
period allowed in Section 8.04_30 shall nav a de1inauent oenaltv
in the amount of twentv dollars. The delinquent penalty may be
waived where failure to pay is due to reasonable cause and
circumstances beyond the control of the dog owner which shall be
determined by the poundkeeper or the county tax collector. Any
person dissatisfied with a determination denying waiver of the
delinquent penalty' shall be entitled to a hearing which shall be
conducted pursuant to the provisions of Section 8.04.122. Every
owner of a dog which is over the age of four months and which is
kept in the county shall procure a license for each such dog, for
each year, commencing within thirty days of vaccination and ending
one year following the date of issue of such license, Such
license shall be procured not later than thirty days after the day
upon which the dog is four mcnths old, or within thirty days after
the day upon which the dog, if over the age of four months, is
{. first owned by a resident of the county and thereafter shall be
., maintained on a current basis from year to year.
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Section rv. Section 8.04.150 of the Marin County Code is hereby
amended to read as follows:
8.04.150 Fees for redemption, placement. surrender.
(a) Redemption Fees. No dog or other animal may be released
by the poundkeeper to the owner until all charges, cost of
redemption and the current y~ar's license charge have been paid.
'The charges and cost of redemption of the impounded animal shall
~."\" be a fee of thirty-five dollars for the first impollildment in any
fiscal year, a f.:E; of :Ei=t~.~ dollars for the second impoundment in
any fiscal year, a fee of seventy-five dollars for the third
impoundment in any fiscal year, a fee of one hundred dollars for
the fourth impollildment in any fiscal year, and a fee of one
hundred twenty-five dollars for each additional impoundment in any
fiscal year plus in each impollildment a charge of ten dollars per
day for keeping of any dog, and a charge of eiqht dollars per day
for the keeping of any c~t or other animal, except as to the
keeping of such animals specified in Section 8.04.220, of which
the keeping charges shall be specified in Section 8.04.220.
( (b) Placement of Animals. When a dog or other animal is
sold by the pOllildkeeper, pursuant to this chapter, the price shall
not be less than ten dollars for dogs and two dallars for cacs and
-- other small animals.
(c) Surrender. The surrender of an animal by owner to the
pOllildkeeper subsequent to impollildment for a violation of this
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chapter or any provisions of state law shall not relieve the owner
I of the obligation to pay such charges as set forth in this
section, prior to such surrender, plus the accumulated boarding
charge Or those applicable charges set forth in Section 8.04.220.
"- (Ord. 3068 !i 3, 1991; Ord. 2901 !i 2, 1986; Ord. 2640 !i 2, 1981;
Ord. 2570 Ii 2, 1980; Ord. 2424 Ii 3, 1979; Ord. 2289 !i 3, 1977;
Ord. 1963 Ii 1, 1973; Ord. 1712 Ii 9, 1969; Ord. 1333 Ii 4.4, 1964)
Section V. Section 8.04.181 of the Marin Connty Code is hereby
amended to read as follows:
8.04.181 Potentially dangerous and vicious dogs.
(a) Except as otherwise provided under the provisions of
subsections (b) through (m) of this section, the provisions of
Chapter 9, Articles 1 through 5, Sections 31601 through 31683 and
any amendments thereto exclusive of Sections 31602, 31603, 31606
and 31644 of the Food and Agricultural Code are adopted and
incorporated by reference herein.
(b) "potentially dangerous dog" means any of the following:
(1) Any dog which, when unprovoked on two separate occasions
within the prior thirty-six month period, engages in any behavior
that requires a defensive action by any person to prevent bodily
injury when the person and the dog are off the property of the
( owner or keeper of the dog;
(2) Any dog which when unprovoked bites a person causing a
\.. less severe injury than as defined in Section 31604 of the Food
and Agricultural Code;
(3) Any dog which when unprovoked has killed, seriously
bitten, inflicted injury or otherwise caused injury attacking a
domestic animal off the property of the owner or keeper of the
dog.
(c) "Vicious dog" means any of the following:
(1) Any dog seized under Section 599aa of the Penal Code and
upon the sustaining of a conviction of the owner or keeper under
subdivision (a) of Section 597.5 of the Penal Code;
(2) Any dog which, when unprovoked, in an aggressive manner,
inflicts severe injury on or kills a human being;
(3) Any dog previously determined to be and currencly listed
as a potentially dangerous dog which, after its owner or keeper
has been notified of this determination, continues
the behavior described in Section 8.04.181(b) or is maintained in
violation of Section 31641, 31642 or 31643 of the California Food
and Agricultural Code.
(d) t1Animal control department" means that agency appointed
as poundkeeper for the County of Marin under the provisions of
Section 8.04.110.
( (e) IIDirectorl1 means executive director of Marin County
animal services or any person authorized to act on his/her behalf.
(f) A hearing on whether a dog shall be declared potentially
dangerous or vicious shall be conducted in the following manner:
.... (1) If the director has investigated and determined that
there exists probable cause to believe that a dog is potentially
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dangerous or vicious as defined by this section, a hearing shall
" be conducted. The director shall prepare a petition specifying
the basis as to why the dog is potentially dangerous or vicious.
(2) Whenever possible, any complaint received from a member
of the public which serves as the evidentiary basis for the
direc,-or to find probable cause shall be sworn to and verified by
the complainant and shall be attached to the petition.
(3) Prior to commencement of the hearing and if the
allegations of the petition indicate that the dog is potentially
dangerous as defined under Section 8.04.181 (b) , the county
administrator or his designee may offer in writing mediation
services as an alternative to a hearing provided both the
complainant and the owner agree in writing to mediation.
Mediation must be concluded within thirty days of the offer to
mediate. If mediation is refused or is unsuccessful, . then the
matter shall be referred to "- hearing under subsection (f) (1) of
this section.
(4) The county administrator or his designee shall designate
a hearing officer from a panel of up to five persons whose
membership shall be designated by the board of supervisors.
Hearing officer applicants shall have had a minimum of five years'
experience as a practicing attorney and prior experience in
administrative, arbitration or mediation hearings. Prior
experience in care and control of animals shall also be considered
( but is not necessary. The hearing officer shall conduct a hearing
on whether a dog shall be declared potentially dangerous or
~ vicious. The hearing officer shall be compensated for the actual
hours devoted to the hearing and its determination at the existing
hourly rate or fraction thereof allowed a traffic referee of the
Marin County municipal court.
(5) (i) The county adm:.nistrator or his designee shall
provide written notice to the owner of the specific behavior of
the animal alleged in the petition and the date upon which a
hearing will be held to consider the petition. The hearina shall
be held within the time limits set forth bv the Food and
Aaricultura1 Code Section 31621 or any amendments thereto. The
notice shall advis.e the owner of the consequences of a finding of
potentially dangerous or vicious and the owner's right to present
evidence as to why the dog should not be declared potentially
dangerous or vicious. Service of tl1e nocice shall be made in
accordance with Section 1. 04 .190. Where the owner or address of
any affected owner is unknown , notice of the hearing shall be
given by posting the same in the office of the di:r-ector and by
publication in a newspaper of general circulation. Notice shall
then be deemed given on publication of the notice.
(ii) A hearing may be contirnled if the hearing officer deems
it necessary and proper or upon a showing of good cause :..
( (iii) The time for hearing and the hearing provisions of
subsection (d) (5) (i) of this section shall be stayed ." mediation
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services are offered pursuant to the provisions of subsection
(f) (3) of this section. The time of hearing and the hearing
~ provisions of this subsection shall at the date the
recommence
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county administrator or his designee has determined in writing
" that mediation has not been accepted or has been unsuccessful.
(6) In cases where complaint(s) from the public serve as the
evidentiary basis for the director to prepare a petition, at least
one of the complainants or his or her designee in the matter must
appear and testify at the hearing or the complair.t shall be
dismissed.
(7) If the owner fails to appear at the hearing, the hearing
shall nevertheless proceed and an appropriate order shall be
issued.
(8) The hearing officer shall consider all relevant
responsible evidence without regard to the fonna1 rules of
evidence, including circumstances of mitigation, and the record of
any prior violations by the owner.
(9) All witnesses shall testify under oath or affinnation.
The oath shall be administered by the hearing officer. The
hearing officer may, when appropriate, request the production of
oral or documentary evidence which is reasonably necessary and
relevant to conduct a hearing. All proceedings shall be tape
recorded.
(10) The hearing officer shall issue a written determination
based upon a preponderance of the evidence, which shall be mailed
to the owner within seven days after the hearing is completed.
(ll) If an animal is found to be potentially dangerous or
~ vicious by a preponderance of the evidence, the animal shall be so
designated on the records of Marin County animal services. Such a
"- designation shall be considered in future determinations involving
the animal and/or owner.
(12) The owner of a dog for which a potentially dangerous
petition has been issued may irrevocably waive his or her right to
a hearing and any further appeal under Food and Agriculture Code
Section 31622 and accept all conditions, sanctions and penalties
set forth in Food and Agriculture Code Sections 31641, 31642 and
61643, and Section 8.04.l8l(k) . The County Administrator or his
Desianee will mail a waiver form to the dOG owner. The waiver
must be sioned bY the dOG owner and receiyed bv the County
Desionee within thirty davs from the date of aGreement to waive or
a hearino will be scheduled within thirtv (30) davs of the
aoreement to waive.
(g) In accordance with the provisions of Food and
Agricultural Code Section 31641, the owner of a potentially
dangerous dog shall in addition to the regular licensing fee, pay
to the animal control agency an annual fee of twenty-five dollars
to provide for the increased costs of maintaining the records of
the dog.
(h) The owner of a dog determined to be vicious shall, in
addition to the regular licensing fee, pay to the animal control
( agency an annual fee of fifty dollars to provide for the increased
costs of maintaining the records of the dog.
(i) The owner of a dog determined vicious shall, at his/her
own expense, have the vicious animal regist~ation number assigned
"- to the dog tattooed upon the dog's left ear or, if the left ear is
not available, on .the left inner thigh, by a licensed veterinarian
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or a person trained, authorized and licensed to do business as a
tattooist. As an alternative to tattooing, an owner may have a
( microchip injected beneath the skin, and between the shoulder
blades of the animal by a licensed veterinarian. The owner shall
provide proof satisfactory to Marin County animal services of such
tattooing or microchipping within thirty days of the vicious
determination.
(j) An owner of a vicious dog shall, within ten days of such
determination, present said animal at the Marin County animal
services and allow photographs and measurements of the animal to
be taken for purposes of identification.
(k) An owner of a dog found potentially dangerous under
Section 8 .04.181 (b) , who has no additional violations of any of
the provisions of Title 8 of the Marin County Code, within a
thirty-six month period from the date of designation as
potentially dangerous, shall be removed from the list of
potentially dangerous dogs by the director. The dog may be, but
is not required to be, removed from the list of potentially
dangerous dogs prior to the expiration of the thirty-six month
period if the owner or keeper of the dog demonstrates to the
director that changes in circumstances or measures taken by the
owner or keeper, such as training of the dog, have mitigated the
risk to public safety.
(1) An owner of a dog found vicious under Section
( 8.04.181(c) (3), or danoerous under the nrovisions of former
Section 8.04.181(c) (3) (Marin Countv Ordinance 3138) , who has no
additional violations of any of the provisions of Title 8 of the
l. Marin County Code, after a thirty-six month period from the date
of designation as vicious, or danaerousr may apply to the director
to remove the animal from the list of vicious animals. The
director shall have the discretion to remove the animal from the
list of vicious or danqerous animals upon proof of the successful
completion of at least eight weeks of training, or other
rehabilitative efforts designee. to mitigate the risk to public
safety.
(m) All sanctions imposed on dogs determined potentially
dangerous or dangerous prior to the enactment of the ordinance
-,r codified in this section shall remain in effect, except that any
violations subsequent to the enactment of this section shall be
governed by this section. In determining subsequent violations
the following provisions shall apply: Any dog previously
determined potentially dangerous prior to the enactment of this
section, shall be considered potentially dangerous as defined
under the provisions of this section and subject to all of its
provisions governing the regulation and disposltion of potentially
dangerous dogs; any dog previously determined dangerous prior to
the enactment of the ordinance codified in this section shall be
considered vicious as defined under the provisions governing the
t regulation and disposition of vicious dogs. (Ord. 3138 5 3, 1993;
Ord. 3041 5 3, 1990; Ord. 3031 5 3, 1990; Ord. 2969 5 3, 1988)
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Section VI. Publication.
{This ordinance shall be and is in full force and effect as of
thirt~ (30) days from and after the date of its passage and shall
be published once before the expiration of fifteen (lS) days after
its passage, with the names of the supervisors voting for and
against the same in the MARIN INDEPENDENT JOURNAL, a newspaper of
general circulation published in Marin County.
PASSED AND ADOPTED at the regular meeting of the Board of
Supervisors of the County of Marin, State of California, held on the 8th
day of October, 1996, by the following vote:
AYES: SUPERVISORS Harry J. Moore, Annette Rose, John B. Kress
NOES: NONE
ABSENT: SUPERVISORS Gary Giacomini, H~ C. 2~;r.
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CHAIRMAN PRO M
Board of Supervisors
ATTEST:
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