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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)
The owner or guardian of any animal impounded or taken into custody may, at any time before the disposition thereof, redeem the same by paying all proper fees and charges accrued as provided for in Section 41.10 hereof, provided, however, that if the animal is subject to the licensing provisions of this Code, said licensing requirements shall also be satisfied before the animal shall be released.
(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)
(a) In the discretion of the Animal Control Officer, except as otherwise provided in Sections 41.1 through 41.13, inclusive, of this Article, the Animal Control Officer may allow adoption, transfer, placement, or other disposition of any animal that has been impounded or taken into custody by the Animal Control Officer, which is not redeemed within the applicable holding period specified in Section 41.7 hereof or set under applicable state law. The Animal Control Officer shall collect a $16.00 fee, as adjusted under Section 41.26 of this Article, for each animal adopted, plus any other applicable charges under this Article. If an individual adopting an animal is 65 years of age or older, the Animal Control Officer shall reduce the fee by 50 percent. The Animal Control Officer may reduce or waive the adoption fee, plus any other applicable charges under this Article, to the extent the Animal Control Officer finds that such reduction or waiver will maintain or increase the live release rate.
(b) It shall be unlawful for the Animal Control Officer or anyone employed at the Department of Animal Care and Control to knowingly sell or give any animal impounded or otherwise taken into custody to any person, medical college or university for purposes of animal experimentation; or for any of the above to induce by or through fraud, misrepresentation, coercion or threats any violations of this Section.
(c) If an animal is adopted under this Section, the receipt signed by the Animal Control Officer or such Officer's agent shall be valid title to the adopter.
(d) Any animal impounded or otherwise taken into custody by the Animal Control Officer, which, as determined by a licensed veterinarian, is suffering excessively, or is dangerous to keep impounded, shall be forthwith destroyed by the Animal Control Officer.
(Added by Ord. 226-73, File No. 136-73-1, App. 6/22/73; amended by Ord. 79-75; File No. 122-75; App. 3/12/75; Ord. 498-77, File No. 316-77, App. 11/4/77; Ord. 192-82, File No. 533-81-4, App. 4/16/82; Ord. 94-85; File No. 348-84-5, App. 2/28/85; Ord. 182-89, File No. 97-89-14, App. 06/05/89; Ord. 411-94, File No. 118-94-4, App. 12/16/94; Ord. 153-02, File No. 021077, App. 7/12/02; Ord. 164-10, File No. 100712, App. 7/7/2010; Ord. 97-15
, File No. 150528, App. 6/25/2015, Eff. 7/25/2015)
The Animal Control Officer shall charge and collect the following fees from the owner or guardian of any animal impounded or otherwise taken into custody:
(a) Redemption fee: $30.00.
(b) Voluntary lifetime cat registration fee: For each cat, the sum of $10.00.
(c) Spay/neuter deposit fee for dogs and cats: $50.00.
(d) For feeding and providing ordinary care for animals, $25.00 per day, except for each rabbit, bird or other small animal, the sum shall be $10.00 per day.
(e) For owner-requested euthanasia of an adult dog or cat, the sum of $25.00 each animal. For all other animals, a sum determined by the Animal Control Officer based on the size or number of animals and the actual cost of the service, not to exceed $25.00 each animal.
(f) For owner surrender of an adult dog or cat, the sum of $25.00 each animal. For all other animals, a sum determined by the Animal Control Officer based on the size or number of animals and the actual cost of the service, not to exceed $25.00 each animal.
(g) For deceased pet disposal, for each adult dog or cat, the sum of $20.00 each animal. For all other animals, a sum determined by the Animal Control Officer based on the size or number of animals and the actual cost of the service, not to exceed $20.00 each animal.
(h) For field services transport, the sum of $40.00.
(i) If the Animal Control Officer determines that payment of any fees by the owner or guardian of an animal which is impounded or otherwise taken into custody would cause extreme financial difficulty to the owner or guardian, the Animal Control Officer may, at his or her discretion, waive all or part of the fees for the animal.
(j) If any animal is impounded or otherwise taken into custody by the Animal Control Officer more than one time, the Animal Control Officer shall collect a penalty redemption fee, which shall be:
(1) For a second impoundment, two times the fee set forth in Subsection (a) above;
(2) For any third or additional impoundment, three times the fee set forth in Subsection (a) above.
(k) If an animal which is impounded or otherwise taken into custody must be spayed or neutered while in the custody of the Animal Control Officer, the Animal Control Officer shall charge an additional fee consisting of the actual expense incurred.
(l) For extraordinary care or expense provided for an animal, an additional fee consisting of the actual expense incurred shall also be charged.
(Added by Ord. 226-73, File No. 136-73-1, App. 6/22/73; amended by Ord. 311-76, File No. 311-76, App, 7/30/76; Ord. 360-77, App. 11/10/77; Ord. 238-87, File No. 118-87-2, App. 3/20/87; Ord. 182-89, File No. 97-89-14, App. 06/05/89; Ord. 411-94, File No. 118-94-4, App. 12/16/94; Ord. 153-02, File No. 021077, App. 7/12/02; Ord. 5-03, File No. 021645, App. 1/24/2003; Ord. 164-10, File No. 100712, App. 7/7/2010)
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