Chapter 8.04
ANIMAL CONTROL
Sections:
8.04.010 Adopted by reference.
8.04.030 Administrative citations.
8.04.040 Appeal of administrative citation.
8.04.050 Payment of administrative fines.
8.04.060 Amount of administrative fines.
8.04.080 Penalty for violation.
8.04.010 Adopted by reference.
Title 6 of the San Mateo County Ordinance Code, consisting of Chapter 6.04 (Animal Control), Chapter 6.08 (Exotic Animals), Chapter 6.12 (Spaying, Neutering and Breeding), Chapter 6.16 (Animal Fanciers Permit), and Chapter 6.20 (Kennels and Catteries), is hereby adopted by reference except as expressly excepted or amended by the provisions of this chapter. Wherever the words “participating cities” or “participating jurisdictions” are used in Chapter 6.04 of the San Mateo County Ordinance Code, they shall be held to mean the city of Half Moon Bay. The definitions in Chapter 6.04 of the San Mateo County Ordinance Code shall apply to Sections 8.04.030, 8.04.040, 8.04.050, and 8.04.060 of this chapter. Animal control and licensing fees and charges shall be those fees and charges as adopted in Section 6.04.350 of the San Mateo County Ordinance Code, and as from time to time amended by the county. In accordance with California Government Code Section 50022.4, no penalty clauses are adopted by reference. In the event an amendment to Title 6 of the San Mateo County Ordinance Code results in differences between this chapter and the County Ordinance Code, the provisions of this chapter shall govern. (Ord. C-2024-01 §2 (Att. A), 2024; Ord. C-2018-06 §2(part), 2018: Ord. 4-05 §1, 2005: Ord. 9-99 §2, 1999).
8.04.020 Prohibited conduct.
No owner or guardian of any animal shall cause or permit it to do any of the following:
A. To be in any public street, sidewalk, park, school ground, or any public property, or upon unenclosed premises in the city unless the animal is properly licensed, if such licensing is required by the city, and under the control of the owner by being saddled, harnessed, haltered or leashed by a substantial chain, lead rope or leash, six-foot maximum, which shall be held by some competent person capable of controlling such animal. An electric or invisible fence does not constitute an enclosure for the purposes of this requirement.
B. To trespass upon any private property without the consent of the owner thereof, and to knowingly permit the animal to remain upon the property or to habitually continue to trespass thereon.
C. To suffer or permit such animal to habitually bark or meow or act in such a manner as to continuously disturb the peace of any citizen or to be a public nuisance.
D. To be without proper and adequate food, water, shelter, care, and attention as described in Section 597(f) of the California Penal Code.
E. Subsection A of this section shall not be applicable to cats.
F. Notwithstanding any contrary provision contained in this chapter, dogs are not required to be leashed while located in an off-leash dog area that has been designated by the city council. The city shall post appropriate signs and notices designating off-leash dog areas and indicating the rules and regulations applicable to such designated off-leash dog areas. Failure to comply with the posted rules and regulations shall constitute a violation of this section.
G. To walk more than three dogs at any one time or walk dogs for a fee in any public place without an annual permit from the city. The city manager or designee shall establish the requirements and conditions for the dog walking permit program. Any dog walker failing to possess a dog walking permit shall be in violation of this section and shall be punishable. (Ord. C-2024-01 §2 (Att. A), 2024; Ord. C-2020-05 §2(Exh. A), 2020: Ord. C-2018-06 §2(part), 2018. Formerly 8.04.040).
8.04.030 Administrative citations.
A. Should an animal control officer, humane officer or peace officer determine that a person has violated any provision of Chapter 6.04 of the San Mateo County Ordinance Code or of Section 8.04.020 of this chapter, as adopted by reference in Section 8.04.010 of this chapter, that enforcement officer shall have authority to issue and serve notice of an administrative citation as set forth in Section 6.04.260 of the San Mateo County Ordinance Code, to the person violating Chapter 6.04 or Section 8.04.010.
B. Each administrative citation shall contain the following information:
1. The name and address of the owner or other person to be cited.
2. The date(s) of the violation.
3. The address or a specific description of the location where the violation occurred.
4. The section, subsection, and/or provision of Chapter 6.04 of the San Mateo County Ordinance Code violated by the person cited and a description of that violation.
5. A prohibition of the continuation or repetition of the violation described in the administrative citation.
6. If applicable a description of the potential consequence(s) should the violation continue or be repeated.
7. Either:
a. The amount of the administrative fine charged and to be paid by the person cited as a result of the violation; or
b. A notice to correct a certain violation within a reasonable time, and the amount of an administrative fine that may occur if the violation is not corrected or remedied by the date specified.
8. A description of the procedure to pay the fine, to include the time period for and place of payment, and the process by which the city or county may collect any unpaid amount owed.
9. A description of the administrative citation review process, including the time within which the administrative citation may be appealed and how to appeal the administrative citation, including any form to do so.
10. The name and signature of the citing animal control officer, humane officer or peace officer or city or county designee.
C. An administrative citation may be any format, including letter, which conveys the information set forth above. (Ord. C-2024-01 §2 (Att. A), 2024).
8.04.040 Appeal of administrative citation.
A. A recipient of an administrative citation may contest the citation including, but not limited to, on the basis that the underlying violation did not occur, or that recipient is not the party responsible for the violation and thus was the improper recipient of the administrative citation. The recipient must contest the citation on the form provided by the animal program manager or animal control officer and file the appeal with the animal control program manager within twelve calendar days from the date of service of the administrative citation. Any appeal not timely filed will be rejected.
B. The appeal shall contain the following provided by the person appealing the citation:
1. The name, mailing address, and telephone number of the party requesting the appeal;
2. A copy of the administrative citation or a reference number thereto;
3. A statement of the grounds for the contest, including a description of the evidence to be presented in support of the contest and copies of any statements or documents to be submitted at the hearing in support of the appeal;
4. The signature of the appealing party;
5. A deposit of the fine assessed as set forth in the citation(s), to be refunded if the appeal is successful.
C. Should an appeal be properly and timely requested, the requesting party shall be provided a hearing before a hearing officer to be held pursuant to the procedures set forth in Section 6.04.150 of the San Mateo County Ordinance Code as applicable. The animal control program shall notify the person requesting the appeal hearing of the time and place set for the hearing pursuant to Section 6.04.260 of the San Mateo County Ordinance Code. (Ord. C-2024-01 §2 (Att. A), 2024).
8.04.050 Payment of administrative fines.
A. In the absence of an appeal by the recipient of the administrative citation, the person cited shall pay the administrative fine in full within thirty calendar days from the date of service of the notice of citation. In the event of an appeal, after which the violation is upheld, if not already paid, the fine shall be paid in full within ten calendar days after the date that the decision of the hearing officer was served on the recipient.
B. Payment of any fine shall not excuse the failure to correct the violation, nor shall it bar further enforcement of the same or any similar violation or any other violation by any applicable means.
C. Failure to pay any fines assessed within the guidelines set forth in this chapter will result in a late charge pursuant to Section 6.04.230 of the San Mateo County Ordinance Code, which will be collected by the animal control program manager. (Ord. C-2024-01 §2 (Att. A), 2024).
8.04.060 Amount of administrative fines.
A. Any person issued an administrative citation pursuant to this chapter, for a violation of Chapter 6.04 of the San Mateo County Ordinance Code or of Section 8.04.020 of this chapter, shall be assessed and pay a fine as follows:
1. One hundred dollars for a first citation.
2. Two hundred dollars for a second citation for the same violation within a one-year period.
3. Five hundred dollars for each additional citation for the same violation within a one-year period. (Ord. C-2024-01 §2 (Att. A), 2024).
8.04.070 Bullfrogs.
No person shall buy, sell, transport, harbor, release or otherwise possess live American bullfrogs (Rana catesbeiana) within the city of Half Moon Bay. (Ord. C-2024-01 §2 (Att. A), 2024; Ord. C-2018-06 §2(part), 2018: Ord. C-2-12 §6(part), 2012. Formerly 8.04.020).
8.04.080 Penalty for violation.
Any violation of this chapter, including provisions of the San Mateo County Ordinance Code adopted by reference in Section 8.04.010, and including those provisions relating to required fees, shall be punishable as an infraction in accordance with the provisions of Section 4.14.010(C). This section shall not limit any other available criminal, civil or administrative remedies. Any or all applicable remedies shall remain available for violation of the provisions of this chapter. (Ord. C-2024-01 §2 (Att. A), 2024; Ord. C-2018-06 §2(part), 2018: Ord. C-2-12 §6(part), 2012: Ord. 9-99 §3, 1999. Formerly 8.04.030).