Chapter 9.14
DANGEROUS AND VICIOUS ANIMALS*

Sections:

9.14.010    Dangerous animal permit required.

9.14.020    Declaration of vicious animals.

9.14.030    Issuance of permit for dangerous animal.

9.14.040    Mandatory dangerous animal permit requirements.

9.14.050    Violation a misdemeanor.

9.14.060    Possession of animals after revocation of dangerous animal permit or vicious declaration.

9.14.070    Inspection fee.

9.14.080    Revocation or modification of permit.

*    Prior ordinance history: Ord. 758.

9.14.010 Dangerous animal permit required.

(a)    No person shall knowingly keep, have, maintain, sell, trade, or let for hire an animal designated under the provisions of this chapter as dangerous without obtaining a dangerous animal permit from the animal control officer. The animal owner shall comply with all conditions of the dangerous animal permit including but not limited to all requirements of Section 9.14.040 of this chapter. Any animal which is finally determined to be dangerous under this chapter and for which a permit has not been issued shall be surrendered to an animal control officer for appropriate disposition including humane destruction.

(b)    If an animal control officer or peace officer has investigated and determined an animal is dangerous, the animal control officer and/or peace officer shall deliver written notice of such determination to the owner of the animal. Should the animal pose a threat to the public health and safety, an animal control officer may immediately impound the animal.

(c)    If, after investigation by an animal control officer or peace officer, that officer determines that probable cause does not exist to believe the animal is dangerous, any interested person may appeal that determination by submitting within five (5) calendar days of the decision a written request to the animal control officer or peace officer for a hearing and paying the required fee. The hearing shall be conducted according to the procedures set forth in Chapter 9.05 of this title.

(d)    In determining whether or not an animal shall be declared dangerous, the animal control officer, peace officer or hearing officer appointed pursuant to Chapter 9.05 of this title may consider whether any of the following mitigating factors are present in the particular case. At the time of the injury, attack or molestation, the person or animal suffering the injury, attack or molestation:

(1)    Provoked, tormented, teased, abused or assaulted the animal into the alleged behavior;

(2)    Committed a wilful trespass or other tort upon the private property of the owner or caretaker of the animal;

(3)    Threatened or committed an unjustified attack or assault against the owner, caretaker or person in control of the animal.

(e)    Upon receipt of written or oral notification by the animal control officer and/or peace officer that an animal is dangerous as defined by this chapter, the owner and/or possessor shall submit an application for a dangerous animal permit to the animal control officer within five (5) calendar days. The application for a permit shall contain the name of the applicant, applicant’s address, the applicant’s home and business phone numbers, the address and description of the proposed location of where the animal will be kept, if different from applicant’s, a complete description and a photograph of the animal. The permit shall contain all of the requirements of Section 9.14.040 of this chapter and any additional conditions or requirements deemed necessary by the animal control officer or peace officer to protect the public health or safety.

(f)    Should the owner of the animal wish to contest the dangerous animal designation, the owner may request a hearing to be conducted according to the procedures set forth in Chapter 9.05 of this title. The owner shall submit a written request for a dangerous animal hearing to the animal control officer and/or peace officer within five (5) calendar days of written notification by the animal control officer and/or peace officer that the animal has been declared dangerous. Should the owner not submit a request for a hearing within given five (5) calendar days of notification, the hearing process shall be deemed waived by the owner, and the dangerous animal declaration will be considered final by the county director of environmental services agency, or the city having jurisdiction. In that event, the county director of the environmental services agency or the city having jurisdiction may allow the dangerous animal permit to be issued without a hearing. Unless a dangerous animal permit is immediately obtained, the animal shall be impounded at the owner’s expense pending appropriate disposition as determined by the animal control officer and/or peace officer. (Ord. 943 § 5 (part), 2006).

9.14.020 Declaration of vicious animals.

(a)    No person shall keep, have, maintain, sell, trade or let for hire an animal designated as vicious, pursuant to this chapter.

(b)    If an animal control officer and/or peace officer has investigated and determined that an animal is vicious, the animal control officer and/or peace officer shall deliver to the owner of the animal written notice of that determination. The animal control officer and/or peace officer shall immediately impound or cause to be impounded the animal, and shall cause the animal to be humanely destroyed unless the owner requests a hearing under subsection (c) of this section.

(c)    If the owner of the animal disputes the designation of an animal as a vicious animal by the animal control officer and/or peace officer (s)he may submit a written request for a hearing to the animal control officer and/or peace officer within five (5) calendar days of notification. Such hearing shall be conducted according to the procedures set forth in Chapter 9.05 of this title. Failure of the owner to request a hearing shall result in the animal being declared vicious and humanely destroyed. The vicious animal declaration will be considered final by the county director of the environmental services agency, or the city having jurisdiction.

(d)    If, after investigation by an animal control officer or peace officer, that officer determines that probable cause does not exist to believe that the animal is vicious, any interested person may appeal that determination by submitting within five (5) calendar days of the decision a written request to the animal control officer or peace officer for a hearing and paying the required fee.

(e)    In determining whether or not an animal shall be declared vicious, the animal control officer, peace officer or hearing officer may consider, as a mitigating factor, whether at the time of the injury, attack or behavior, the person or animal suffering the injury, attack or behavior for which the animal is being determined vicious:

(1)    Provoked, tormented, teased, abused or assaulted the animal thereby causing or contributing to the alleged behavior;

(2)    Committed a willful trespass or other tort upon the private property of the owner or caretaker of the animal;

(3)    Threatened or committed an unjustified attack or assault against the owner, caretaker or person in control of the animal;

(4)    Or any other mitigating factors deemed appropriate for consideration by the animal control officer, peace officer or hearing officer. (Ord. 943 § 5 (part), 2006).

9.14.030 Issuance of permit for dangerous animal.

(a)    No permit obtained under this section is transferable. If the owner’s address or the location where the animal is kept changes or the owner transfers ownership of the animal, the permit shall become null and void and an application for a new permit must be submitted to the animal control officer.

(b)    A permit issued under this title is subject to renewal and approval each year. The permittee shall pay an annual fee for this permit pursuant to the procedures established by the division of animal control services. If permittee fails to file an application for renewal or pay the permit fee prior to the permit anniversary date the permit shall automatically become void. The fee for such permit shall be as set forth in Chapter 9.20 of this title. This fee shall not be refundable.

(c)    If the owner or permittee has a history of multiple violations of this title or of the conditions of any previously issued dangerous animal permit, the animal control officer or hearing officer may deny and impound the animal for appropriate disposition as determined by the animal control officer or hearing officer. (Ord. 943 § 5 (part), 2006).

9.14.040 Mandatory dangerous animal permit requirements.

Any owner and/or possessor of a dangerous animal shall insure compliance with the following rules and regulations which shall be mandatory requirements for any dangerous animal permit:

(1)    When the animal is off the property of its owner, the owner must ensure that the animal is restrained with a leash not to exceed four feet (4’) in length and having a minimum tensile strength of three hundred (300) pounds and shall be under the direct control and supervision of the owner or a person of such age, size and strength as can easily control such animal. Extraordinary care shall be taken by the owner to ensure that such restraint is sufficient to control the animal in a manner which it will not endanger other persons or animals.

(2)    The owner shall maintain the animal so that it is not a threat to any mail carrier, sanitation worker, meter person, or other person who has the lawful right to enter the property.

(3)    The owner shall ensure that the animal is not kept upon any unenclosed premises unless it is leashed and controlled by a person capable of controlling such animal. The owner shall ensure that the animal is not allowed to be tethered, tied or staked on any unenclosed premises. The owner shall ensure that the animal is not kept in a house or structure when the windows or doors are open or screen doors are the only obstacles preventing the animal from exiting the structure.

(4)    The owner shall ensure that the animal is kept in a fenced yard, kennel, run or enclosure approved by the animal control officer. The owner shall ensure that all structures used to confine the animals must be locked with a key or combination lock when such animals are within the structure. The owner shall regularly inspect the fenced yard, kennel, run or enclosure to ensure that it is secure to maintain the animal.

(5)    The owner shall open premises upon which an animal is maintained at any reasonable hour for inspection by the animal control officer or peace officer and such premises shall be surrendered for inspection by the permittee upon the request of the animal control officer or peace officer. The owner shall pay a fee for the costs incurred by the county for the inspection or reinspection of property. The fee charged shall be paid by the owner. Such fee shall be set forth in Chapter 9.20 of this title.

(6)    The owner of the dangerous animal shall post the entrances to the property where the animal is kept with a legible sign conspicuous to the public warning persons of the presence of a dangerous animal. The owner of the dangerous animal shall obtain an approved sign from the animal control program for a non-refundable fee and said sign shall be surrendered in the event of the revocation of the permit, death of the animal, or approved relocation of the animal, or upon any other reasonable demand by an animal control officer.

(7)    The owner of any dangerous animal must advise all members that reside in the same household and on the same premises of the conditions established by the permit for keeping or maintaining the dangerous animal.

(8)    The owner shall strictly comply with all local and state laws regarding the care, use, control and maintenance of animals.

(9)    In addition to a dog license, the animal shall at all times wear a separate tag issued by the division of animal control services which designates it as a dangerous animal. The owner shall ensure that the dangerous animal be microchipped and registered with the animal control program for a fee as set forth in Chapter 9.20 of this title within thirty (30) calendar days from the date the permit was issued. Payment of such fee is the responsibility of the animal owner(s), and shall be utilized by the animal control program to offset the cost of the chip and to maintain the registration program.

(10)    The owner shall have the animal spayed or neutered by a licensed veterinarian, at the owner’s expense, within fifteen (15) calendar days from the date the permit was issued. The owner shall present written proof to the animal control officer that the surgery was performed. In the event an animal cannot be safely spayed or neutered due to medical reasons, the owner shall present written proof from a licensed practicing veterinarian to the animal control officer that such animal cannot be spayed or neutered.

(11)    The owner may not sell, transfer or otherwise dispose of such animal to another county or city without notifying animal control at least twenty-four (24) hours before such sale, transfer or disposal. Animal control will notify the proper authorities of the jurisdiction to which the dangerous animal is transferred. Should the owner of a dangerous animal wish to transfer ownership of the animal to another individual within San Mateo County, the new owner must submit to a property inspection, apply for a new dangerous animal permit, pay all requisite fees, and comply with all provisions of this chapter. Transfer within San Mateo County may be denied by the animal control officer for just cause.

(12)    No more than two (2) dangerous animals may be kept at any one (1) household.

(13)    The owner shall not allow any animal designated "dangerous" as the result of aggression against human(s) to be kept on property or within a household in which a juvenile person under the age of eighteen (18) resides.

(14)    The owner of a dangerous animal must notify the animal control officer of the animal’s death within twenty-four (24) hours and shall produce the animal’s body for verification upon request. The owner of a dangerous animal must notify the animal control officer immediately in the event the animal becomes lost or stolen.

(15)    The owner must pay all permit and property inspection fees as described in Chapter 9.20 of this title.

(16)    The owner shall comply with any other permit conditions or requirements imposed pursuant to Chapter 9.20 or Section 9.14.010(a) of this title. (Ord. 943 § 5 (part), 2006).

9.14.050 Violation a misdemeanor.

(a)    A person violating any provision of this title shall be guilty of an infraction except as otherwise specifically provided.

(b)    A person violating any provision of Section 9.14.010(a) or Section 9.14.020(a) of this chapter shall be guilty of a misdemeanor. (Ord. 943 § 5 (part), 2006).

9.14.060 Possession of animals after revocation of dangerous animal permit or vicious declaration.

No person who has been determined to be in possession of ownership of a vicious animal or a dangerous animal for which a permit has been revoked under this chapter shall be granted any dangerous animal permit for a period of three (3) years following such determination or revocation. (Ord. 943 § 5 (part), 2006).

9.14.070 Inspection fee.

A fee shall be charged for the costs incurred by county for the inspection or reinspection of property. The fee charged shall be paid by the owner or person who has custody of the animal. Such fee shall be set forth in Chapter 9.20 of this title. (Ord. 943 § 5 (part), 2006).

9.14.080 Revocation or modification of permit.

(a)    Subject to the provision of subsection (b) of this section, any permit issued pursuant to this section may be revoked if the animal control officer has reasonable cause to believe any of the following to be true:

(1)    The dangerous animal owner or any person the owner has allowed to have possession of the animal has violated any local animal ordinance, or is in violation of any zoning, health and safety or building ordinance or penal code section relating to the keeping, care or use of any animals;

(2)    The dangerous animal owner or any person the owner has allowed to have possession of the animal has violated any rules, regulations or conditions of this chapter including but not limited to dangerous animal permit conditions or any requirement imposed by the animal control officer, peace officer or hearing officer as necessary to insure the animal will not endanger the peace, health or safety or property; or

(3)    The owner has changed the location of his residence or his place of business or sells, assigns, transfers, donates, leases, or otherwise disposes of the animal for which the permit was issued.

(b)    In the event that it is reasonably necessary to protect against a threat to the health or safety of the public, or of any animal, the animal control officer or peace officer may impound or cause to be impounded the animal while an investigation is taking place.

(c)    If, after investigation, the animal control officer or peace officer concludes that it is probable that one (1) or more of the abovegrounds for revocation has occurred, it shall cause written notice thereof to be transmitted by mail to the address of the owner. The notice shall specify the grounds of revocation or modification of the permit. Should the owner of the animal wish to contest the revocation or modification of the permit, (s)he may request a hearing to be held before a hearing officer not previously involved with the permit issuance or investigation, as designated by the director of the environmental services agency within five (5) calendar days of receiving the notice of intent to modify or revoke the permit. Such hearing date shall be not less than five (5) working days or more than fifteen (15) working days subsequent to the date the request for hearing is received. The hearing shall be conducted as set forth in Chapter 9.05 of this title. After the hearing, the officer conducting the hearing may modify the terms of the permit or revoke the permit depending upon the permittee’s ability to comply with the requirements of this title and to control the animal so that the health, safety and property of the public are protected.

(d)    Upon written or oral notification by the animal control officer or hearing officer if a hearing was held of any modifications to a dangerous animal permit, the owner shall immediately comply with such modified permit requirements.

(e)    Upon written or oral notification of the revocation of a permit for a dangerous animal, the owner or possessor of such animal shall within two (2) calendar days of such notification surrender such animal to the animal control officer to be humanely destroyed or provide written proof to an animal control officer in the form of declaration(s) under penalty of perjury that such animal has been permanently removed from the county of San Mateo and declaring the new location or new address where the animal is to be kept. (Ord. 943 § 5 (part), 2006).