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(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)
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)
(a) Any animal falling into one or more of the following categories shall be isolated or quarantined at the place and under the conditions prescribed by the Health Officer and pertinent State laws and regulations:
(1) Known rabid animals;
(2) Suspected rabid animals;
(3) Animals (mammals) which have bitten or otherwise exposed a human being to rabies or suspected rabies;
(4) Animals (mammals) which have been bitten by a known or suspected rabid animal or have been in intimate contact with the same.
(b) It shall be unlawful for the owner, guardian or keeper of an animal to violate any of the conditions of isolation or quarantine prescribed by the Health Officer or pertinent State laws or regulations.
(c) Upon the death of any animal enumerated in Subsection (a) hereof in the custody of the Animal Control Officer, said Animal Control Officer shall arrange for delivery of the carcass of said animal or an adequate specimen thereof to the Health 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; Ord. 1405, File No. 041555, App. 1/2/2005)
(a) It shall be unlawful for the owner or guardian of any animal, other than a domestic cat, to permit said animal to run at large within the City and County; provided, however, that the provisions of this subsection shall not be applicable to any area under the jurisdiction of the Recreation and Park Commission of the City and County, and which has been designated by said Commission as an animal exercise area.
1. It shall be unlawful for the owner or guardian of any animal to permit said animal to be within an area designated as an animal exercise area unless said owner or guardian is physically present at all times during which the animal is within said area.
(b) It shall be unlawful for the owner or guardian of any animal to permit said animal to breed on public property; provided, however, that the provisions of this subsection shall not be applicable to departments of the City and County, recognized educational institutions, licensed clinical laboratories, or medical research facilities which are in conformity with Federal or State laws.
(c) The owner or guardian of any animal shall provide proper and adequate food, water, shelter, care, exercise and attention for such animals.
1. SHELTER REQUIREMENTS
No person, except those persons who, due to financial hardship, are unable to provide shelter for themselves, shall keep, use, or maintain a dog on any premises unless the dog is provided full access to an enclosed building, dog house, or similar shelter at all times. The dog must have equal space outside its shelter to move around and relieve itself away from its confinement. Said shelter shall:
A. Have five sides, including a top, a bottom and three sides.
B. Have a floor raised off the ground, free of cracks, depressions and rough areas where insects, rodents or eggs from internal parasites may lodge. An effective program for the control of insects, ectoparasites, and other pests shall be established and maintained.
C. Be cleaned and maintained in a manner designed to insure the best possible sanitary conditions. Excreta shall be removed from the shelter as often as necessary. Rugs, blankets or other bedding material shall be kept clean and dry.
D. Be of adequate size to allow the dog to stand up and turn about freely, stand easily, sit and lie in a comfortable normal position.
E. Have a floor constructed so as to protect the dog's feet and legs from injury.
F. Allow dogs kept outdoors to remain dry during rain.
G. Have sufficient clean bedding material or other means of protection from the weather elements provided when the ambient temperature falls below that temperature to which the dog is acclimated.
H. Provide sufficient shade to allow the dogs kept outdoors to protect themselves from the direct rays of the sun, when sunlight is likely to cause overheating or discomfort.
I. Be structurally sound and maintained in good repair to protect the dog from injury.
J. Be constructed and maintained so that the dog contained therein has convenient access to clean food and water.
2. WATER REQUIREMENTS
No person shall keep, use or maintain any dog on any premises unless the dog has access to clean and fresh water at all times. Clean potable water shall be available to the dog unless restricted for veterinary care, and;
A. If the water is kept in a container, this container shall be designed sufficiently to prevent tipping and spilling of the water contained therein. If necessary to accomplish this, the container shall be secured to a solid structure or secured in the ground. Watering containers shall be kept clean, kept out of sun, and must be emptied and refilled with fresh water at least once a day; or
B. If the water is provided by an automatic or demand device, the water supply connected to the device must function 24 hours a day.
3. FEEDING REQUIREMENTS
No person shall keep, use or maintain any dog on any premises unless the dog is provided sufficient food daily to maintain proper body weight and good health.
A. The dog shall be provided food, which shall be free from contamination, wholesome, palatable, and sufficient quantity and nutritive value to meet the normal daily requirements for the condition and size of the animal.
B. Food receptacles shall be accessible to the dog and shall be located so as to minimize contamination by excreta and/or insects. Feeding pans shall be durable and kept clean. Disposable food receptacles may be used but must be discarded after each feeding. Self-feeders may be used for the feeding of dry food, and they shall be sanitized regularly to prevent molding, deterioration or caking of feed. Spoiled or contaminated food shall be disposed of in a sanitary manner.
4. CONFINEMENT REQUIREMENTS
Though highly discouraged, tethering is only acceptable if:
A. The tether is attached to a stake in the ground with a pulley like system.
B. The tether is attached to the dog by a non-choke type collar or body harness at least 10 feet in length which would allow the dog access to food, water and shelter, but free of obstructions.
5. ADEQUATE EXERCISE
All dogs must be provided with adequate exercise. "Adequate exercise" means the opportunity for the animal to move sufficiently to maintain normal muscle tone and mass for the age, size and condition of the animal.
6. PENALTIES
Any person violating the provisions of Section 41.12(c) of this Article shall: (1) upon the first offense in any 12-month period, be deemed guilty of an infraction and upon conviction thereof shall be punished by a fine not to exceed $50.00; (2) upon the second offense in any 12-month period, be deemed to be guilty of an infraction and upon conviction thereof shall be punished by a fine not to exceed $100.00; (3) upon the third and any additional offense in any 12-month period, be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than $1,000.00 or by imprisonment in the County Jail for a period of no more than 1 year, or by both such fine and imprisonment.
(d) Any person who shall keep or permit to remain on any premises within the City and County of San Francisco any "Barking Dog" as defined in Section 41(i) of this Code, is guilty of a violation of this ordinance, provided that, during the time the dog is barking, no person is trespassing or threatening to trespass or no person is teasing or provoking the dog.
(e) Any two unrelated persons, living in different households within 300 feet of the location of the disturbance who are disturbed by a "Barking Dog" as defined in Section 41(i) of this Code may, after signing an affidavit setting forth the information in this subsection, request a police officer to issue a citation to the owner or guardian of the dog causing the disturbance for violation of Subsection (e) of this Section.
(Added by Ord. 226-73, File No. 136-73-1, App. 6/22/73; amended by Ord. 386-75, File No. 213-75-1, App. 9/15/75; Ord. 287-76, File No. 129-75-02, App. 7/16/76; Ord. 5-03, File No. 021645, App. 1/24/2003; Ord. 13-05, File No. 041494, App. 1/21/2005)
Any person violating any of the provisions of Sections 41.1 through 41.12, inclusive, of this Article, except the provisions of Sections 41.5.1, 41.11(c), 41.12(a), 41.12(c) and 41.12(d), shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not 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.
Any person violating the provisions of Sections 40, 41.11(c) and 41.12(a) of this Article shall be deemed to be guilty of an infraction and upon conviction thereof shall be punished for the first offense by a fine not to exceed $10; for the second offense by a fine not to exceed $25; for a third and each additional offense by a fine not to exceed $50.
Any person violating the provision of Section 41.12(c) of this Article shall be subject to the penalties provided in said section.
Any person violating the provisions of Section 41.12(d) of this Article shall: (1) upon the first offense in any 12-month period, be deemed to be guilty of an infraction and upon conviction thereof shall be punished by a fine not to exceed $10; (2) upon the second offense in any 12-month period, be deemed to be guilty of an infraction and upon conviction thereof shall be punished by a fine not to exceed $50; (3) upon the third and each additional offense in any 12-month period, be deemed to be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not 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.
Any person violating the provisions of Section 41.5.1 of this Article shall be subject to the penalties provided in said section.
In the alternative to any other penalty imposed under this Section for a violation of this Section 40, a person violating Section 40 may be assessed an administrative penalty not to exceed $300 for each violation. Such penalty shall be assessed, enforced and collected in accordance with Section 39-1 of the Police Code.
(Added by Ord. 226-73, File No. 136-73-1, App. 6/22/73; amended by Ord. 77-75, File No. 136-74-1, App. 3/12/75; Ord. 386-75, File No. 213-75-1, App. 9/15/75; Ord. 371-77, File No. 213-75-2, App. 8/26/77; Ord. 201-78, File No. 427-77, App. 4/21/78; Ord. 87-03, File No. 03482, App. 5/9/2003; Ord. 13-05, File No. 041494, App. 1/21/2005)
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