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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)
It shall be the duty of every police officer, while on duty, to notify the Animal Control Officer of any animal which he or she knows to be injured or required to be impounded.
Any person may take up and deliver to the Animal Control Officer any animal at large in the City and County on public property or upon said person's private property or any animal owned by such person. Upon releasing ownership or guardianship of an animal to the Animal Control Officer, the owner or guardian shall sign and be offered a receipt by the Animal Control Officer.
Every person taking up any animal under the provisions of this Section shall immediately thereafter give notice thereof to the Animal Control Officer, and every such person or any person in whose custody such animal may, in the meantime, be placed, shall deliver such animal to the Animal Control Officer without fee or charge, and the Animal Control Officer shall thereupon hold and dispose of said animal in the same manner as though said animal had been found at large and impounded.
(Added by Ord. 226-73, File No. 136-73-1, App. 6/22/73; amended by Ord. 77-75, App. 3/12/75; Ord. 280-91, File No. 118-90-7, App. 07/03/91; Ord. 5-03, File No. 021645, App. 1/24/2003)
All periods of impoundment herein referred to shall be deemed to commence at 12:01 a.m. of the day following the day of impoundment.
(a) All dogs, whether or not licensed or bearing identification and all other animals bearing identification shall be kept by the Animal Control Officer for a period of not less than 96 hours, unless redeemed within such period. The Animal Control Officer shall, within 24 hours of impoundment, telephone the owner or guardian of record of any animal wearing a license tag or identification, and failing to reach said owner or guardian by telephone within said 24 hour period, he shall immediately send notice of impoundment to said owner or guardian by mail. The owner or guardian of record shall be charged for the cost of all such notice of impoundment.
(b) Any impounded animal which is of a type referred to in Section 17003 of the Agricultural Code of the State of California shall be kept by the Animal Control Officer for at least five days unless it is redeemed within such period. If not so redeemed, said animal shall be turned over to the Bureau of Livestock Identification for disposition by that office.
(c) Any other animal, the impoundment of which is not otherwise specifically covered by law, shall be kept for at least 48 hours unless redeemed within such period. A wild animal which has been taken up by the Animal Control Officer shall be deemed not to be impounded unless there is reason to believe it has an owner or guardian. Such an animal need not be retained for any minimum period of time, but shall be returned to a park or wild area where lawful, unless said animal is dangerous or suffering excessively, in which case it may be forthwith humanely destroyed.
(d) Any animal which is voluntarily surrendered to the Animal Control Officer by the owner or guardian shall be deemed not to be impounded and need not be kept by the Animal Control Officer for any minimum period of time.
(e) Any animal which is placed in the custody of the Animal Control Officer by a public officer, on behalf of a person who is at the time unable to care for such animal, shall be deemed not to have been impounded and may be reclaimed by its owner or guardian upon payment to the Animal Control Officer of the charges for feeding and caring for said animal as set forth in Section 41.10 hereof. Any animal held in custody as provided herein which is not reclaimed by its owner or guardian within 14 days after notice to reclaim has been given to said owner or guardian shall be deemed to be abandoned and may be sold, destroyed or otherwise disposed of by the Animal Control Officer, provided, however, that if said animal is dangerous to retain or is suffering excessively, it may forthwith be humanely destroyed by the Animal Control Officer.
(Added by Ord. 226-73, File No. 136-73-1, App. 6/22/73; amended by Ord. 5-03, File No. 021645, App. 1/24/2003)
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