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It shall be unlawful to transport a dog in a motor vehicle upon any street within the City and County of San Francisco unless the dog is fully enclosed within the motor vehicle or is protected by a belt, tether, cage, container or other device that will prevent the dog from falling, jumping or being thrown from the motor vehicle.
(Added by 491-84, App. 12/13/84)
No dog or other animal shall be left completely enclosed in a parked vehicle without adequate ventilation, or in such a way as to subject the animal to extreme temperatures which may adversely affect the animal's health and welfare.
(Added by Ord. 166-85, App. 3/28/85)
"Animal" shall mean and include any bird, mammal, reptile, or other creature; except fish.
"Animal Control Officer" or "Animal Care and Control Officer" shall mean the Director of the Animal Care and Control Department.
"At large" shall mean any dog off the premises of its owners or guardians and not under restraint by a leash, rope or chain of not more than eight (8) feet in length, and any other animal not under physical restraint.
"Authorized Licensing Entity" shall mean an individual or entity that has entered into an agreement with the Director of Animal Care and Control to accept applications and payments for dog licenses, and issue such licenses to dog owners or guardians in accordance with the requirements of Sections 41.15 through 41.20. Such individuals or entities may include, but are not limited to, other departments of the City and County, licensed veterinarians practicing in the City and County, retailers of pet supplies and providers of animal care services engaged in business in the City and County, and nonprofit organizations engaged in promoting animal welfare.
"Barking Dog" is defined as a dog that barks, bays, cries, howls or makes any other noise continuously and incessantly for a period of 10 minutes to the disturbance of any other person.
"City and County" shall mean the City and County of San Francisco.
"Dog" shall include female as well as male dogs.
"Guardian" shall mean owner, and both terms shall be used interchangeably.
"Health Officer" shall mean the Director of the Department of Public Health of the City and County, or any employee of said Department or other person authorized by said officer to act on his or her behalf.
"Hoofed Animal" shall mean and include horse, mare, gelding, mule, burro, sheep, cow, goat or any other animal with a hoofed foot.
"Live release rate" shall mean the ratio of live animals impounded to live animals released per year.
"Owner" shall mean any person who possesses, has title to or an interest in, harbors or has control, custody or possession of an animal, and the verb forms of "to own" shall include all those shades of meaning.
"Person" shall mean and include corporations, estates, associations, partnerships and trusts, as well as one or more individual human beings.
(Added by Ord. 226-73, File No. 136-73-1, App. 6/22/73; amended by Ord. 386-75, File No. 312-75-1, App. 9/2/75; Ord. 182-89, File No. 97-89-14, App. 6/5/89; Ord. 2-02, File No. 010491, App. 1/18/02; Ord. 5-03, File No. 021645, App. 1/24/2003; Ord. 97-15
, File No. 150528, App. 6/25/2015, Eff. 7/25/2015)
There is hereby established a Commission to be known as the Commission of Animal Control and Welfare of the City and County of San Francisco (hereafter called "Commission"), consisting of 11 members.
The Commission of Animal Control and Welfare shall consist of the Director of the Animal Care and Control Department or his or her designated representative, seven members to be appointed by the Board of Supervisors and one City Department representative member appointed by each of the following: the Director of the Department of Public Health or his or her designated representative, the Chief of Police or his or her designated representative, and the General Manager of the Recreation and Park Department or his or her designated representative. The members appointed by the Board of Supervisors shall be six members representing the general public having interest and experience in animal matters and one licensed veterinarian practicing in San Francisco. Each member of the Commission of Animal Control and Welfare of the City and County of San Francisco shall be a resident of the City and County of San Francisco, except for the licensed veterinarian, who must practice in San Francisco, but who need not be a resident of San Francisco.
Voting members of the Commission shall consist only of the seven members appointed by the Board of Supervisors. The Director of the Animal Care and Control Department, the Director of the Department of Public Health, the Chief of Police, and the General Manager of the Recreation and Park Department, or their designated representatives, shall report to the Commission regarding their respective Department's activities, and participate in general discussions before the Commission as non-voting members.
Three of the members who are first appointed by the Board of Supervisors shall be designated to serve for terms of one year and three for two years from the date of their appointment. Thereafter, members shall be appointed as aforesaid for a term of two years, except that all of the vacancies occurring during a term shall be filled for the unexpired term. A member shall hold office until his or her successor has been appointed and has qualified. The Commission shall elect a chairman from among its appointed members.
Any member who misses three regularly scheduled meetings of the Commission during each two-year term without the express approval of the Commission given at a regularly scheduled meeting will be deemed to have resigned from the Commission.
The term of office as chairman of the Commission shall be for the calendar year or for the portion thereof remaining after each such chairman is elected. No member of the Commission shall receive compensation for serving thereon.
No two individuals on the Commission shall be representatives, employees or officers of the same group, association, corporation, organization, or City Department.
(Added by Ord. 226-73, File No. 136-73-1, App. 6/22/73; amended by Ord. 59-82, File No. 66-80-3, App. 2/19/82; Ord. 182-89, File No. 97-89-14, App. 06/05/89; Ord. 394-89, File No. 118-89-4, App. 11/6/89; Ord. 107-99, File No. 990211, App. 5/7/99)
In addition to any other powers and duties set forth in this Article, the Commission shall have the power and duty to:
(a) Hold hearings and submit recommendations regarding animal control and welfare to the Board of Supervisors and the City Administrator.
(b) Study and recommend requirements for the maintenance of animals in public, private, and commercial care.
(c) Work with the Tax Collector, the Director of the Animal Care and Control Department, and authorized licensing entities to develop and maintain dog licensing procedures and make recommendations on fees.
(Added by Ord. 226-73, File No. 136-73-1, App. 6/22/73; amended by Ord. 59-82, File No. 66-80-3, App. 2/19/82; Ord. 182-89, File No. 97-89-14, App. 06/05/89; Ord. 182-89, File No. 97-89-14, App. 06/05/89; Ord. 2-02, File No. 010491, App. 1/18/02)
The Commission shall render a written report of its activities to the Board of Supervisors quarterly. Such report shall include:
(a) Recommendations to the Board of Supervisors, the Mayor, and the Chief Administrative Officer for the development of policies and procedures which will further the objectives of animal welfare and control.
(b) Recommendations to the Board of Supervisors, the Mayor, and the Chief Administrative Officer of additional legislation deemed by the Commission to be necessary for animal welfare and control.
(c) Recommendations of actions to be taken by any agency, board, officer of this City and County for the purposes of furthering the objectives of animal welfare and control.
(Added by Ord. 226-73, File No. 136-73-1, App. 6/22/73; amended by Ord. 182-89, File No. 97-89-14, App. 06/05/89)
(a) Effective July 1, 1989, there is hereby established an Animal Care and Control Department under the jurisdiction of the City Administrator. The Department shall consist of a Director and such employees and assistants as may be necessary to carry out the work and functions of the Department. The City Administrator shall appoint an Animal Control Officer who shall serve at the pleasure of the City Administrator as the Director of the Animal Care and Control Department.
(b) The Animal Care and Control Department shall have the following functions:
(1) To operate an animal shelter;
(2) To provide nourishment and medical care for animals in its care; basic health screening for all animals and a disease control program for the facility; vaccination of animals; euthanasia of animals by barbiturate injection or other humane methods; sale of dog licenses; volunteer programs; information on animal control laws, pet owner or guardian responsibilities and pet care; and maintenance of records of all animal control activities;
(3) To enforce the provisions of this Article and any other ordinances and laws that pertain to the care and control of animals;
(4) To charge and collect the fees, fines and deposits as required by this Article and any other ordinances and laws that pertain to the care and control of animals; and
(Added by Ord. 226-73, File No. 136-73-1, App. 6/22/73; amended by Ord. 182-89, File No. 97-89-14, App. 06/05/89; Ord. 2-02, File No. 010491, App. 1/18/02; Ord. 5-03, File No. 021645, App. 1/24/2003)
(a) The Animal Control Officer shall have the following powers and duties:
2. To cooperate with the Health Officer in the enforcement of animal quarantine directives.
3. To keep a record of the number, description, and disposition of all animals impounded or otherwise taken into custody, showing in detail in the case of each animal the date of receipt, the date and manner of disposal, the name of the person reclaiming, redeeming, or purchasing said animal; the fees, charges and proceeds of sales received, and such additional records as the Controller of the City and County may prescribe. Such records shall not be removed except upon written order of a court of competent jurisdiction or other duly constituted authority.
4. To appoint Deputy Animal Control Officers whose authority shall be the same as that of the Animal Control Officer as herein set forth.
5. To enter into agreements with individuals and entities, including but not limited to, other departments of the City and County, licensed veterinarians practicing in the City and County, retailers of pet supplies and providers of animal care services engaged in business in the City and County, and nonprofit organizations engaged in promoting animal welfare, to authorize these entities to receive applications and payment for dog licenses, and to issue such licenses in accordance with the requirements of Sections 41.15 through 41.20 and 41.23 of this Article.
It shall be unlawful for any person to oppose, resist, or otherwise interfere with the Animal Control Officer or his or her duly authorized deputies or agents in the performance of the duties herein set forth.
(b) The Animal Control Officer and his or her deputies, while engaged in the execution of duties that involve field patrols, emergency response activities, impoundment of animals, issuance of citations, enforcement of animal quarantine directives, and any other activities related to the enforcement of animal care and control laws shall wear in plain view a badge, having in the case of the Animal Control Officer the words "Animal Care and Control Officer" and in the case of any Deputy Animal Control Officer the words "Deputy Animal Care and Control Officer" engraved thereon.
(Added by Ord. 226-73, File No. 136-73-1, App. 6/22/73; amended by Ord. 182-89, File No. 97-89-14, App. 06/05/89; Ord. 2-02, File No. 010491, App. 1/18/02)
For purposes of this Section a biting dog shall be defined as follows: Any dog that bites any person or other animal in the City and County of San Francisco, provided, however, that the person or animal bitten was not at the time either provoking or teasing the dog without cause. For the purposes of this Section, the records of dog bites kept by the Department of Public Health shall be deemed official records and shall establish a rebuttal presumption of the number of bites recorded.
(a) (i) If a dog is reported and recorded by the Department of Public Health to have bitten any person or animal, the owner or guardian of said dog shall be deemed guilty of an infraction which shall be punishable by a fine of $25. The Director of Public Health shall inform the Police Department of the bite of said dog and the Police Department shall issue a citation to the owner or guardian of said dog.
(ii) In the event that a biting dog causes severe injuries to a person or other animal, the Director of Public Health may recommend that such dog be declared a menace to the public health and safety and he shall so inform the District Attorney by a written Complaint. The District Attorney shall then bring said written complaint to the Municipal Court for a finding that the dog is a menace to the public health and safety. If the Court finds the dog to be a menace to the public health and safety, the owner or guardian thereof shall be subject to the provisions of paragraph (c) of this Section, and upon order of the Court, the Animal Control Officer or a Police Officer shall impound, hold and humanely destroy the dog in accordance with the procedures of paragraph (c) of this Section.
(b) If a dog is reported and recorded by the Department of Public Health to have bitten any person or animal a second time within 12 consecutive months from the first bite, the owner or guardian of said dog shall be deemed guilty of a misdemeanor and shall be punishable by a fine of not less than $25 nor more than $250 or by imprisonment in the County Jail for a period of not more than six months, or by both such fine and imprisonment. The Director of Public Health shall inform the Police Department of the second bite of said dog and the Police Department shall issue a citation to the owner or guardian of said dog.
(c) If a dog is reported and recorded by the Department of Public Health to have bitten any person or animal within 12 consecutive months from said dog's second bite, the Director of Public Health shall recommend said dog be declared to be a menace to the public health and safety and shall so inform the District Attorney by a written complaint. The District Attorney shall then bring said written complaint to the Municipal Court for a finding that the dog is a menace to the public health and safety. If the Court finds the dog to be a menace to the public health and safety, the owner or guardian thereof shall be guilty of a misdemeanor and shall be punishable by a fine of not less than $50 nor more than $500 or by imprisonment in the County Jail for a period of not more than six months, or by both such fine and imprisonment. Upon order of the Court, the Animal Control Officer or a Police Officer shall immediately impound the dog, and after a period of 10 days from the time of impoundment, the dog shall be humanely destroyed unless the owner or guardian shows the Court good cause why said dog should not be destroyed.
(Added by Ord. 77-75, File No. 136-74-1, App. 3/12/75; amended by Ord. 232-78, File No. 59-78-2, App. 5/19/78; Ord. 5-03, File No. 021645; App. 1/24/2003)
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