ARTICLE 1:
ANIMALS

Sec. 1.	Report of Diseases of Animals Required.
Sec. 2.	Penalty.
Sec. 7.	Contagious Diseases of Animals.
Sec. 12.	Keeping of Cows.
Sec. 17.	Dog Hospitals, Kennels, etc.
Sec. 27.	Stable Permits.
Sec. 32.	Keeping of Beef Cattle.
Sec. 37.	Keeping and Feeding of Small Animals, Poultry and Game Birds.
Sec. 38.	Penalty.
Sec. 39.	Reporting of dog bites.
Sec. 40.	Dog to be Controlled so as Not to Commit Nuisances.
Sec. 40.5.	Protection for Dogs in Motor Vehicles.
Sec. 40.6.	Enclosure of Animals in Motor Vehicles.
Sec. 41.	Definitions.
Sec. 41.1.	Commission of Animal Control and Welfare; Membership; Appointment; Term.
Sec. 41.2.	Powers and Duties.
Sec. 41.3.	Reports.
Sec. 41.4.	Animal Care and Control Department; Establishment; Appointment of Animal Control Officer; Powers and Duties of Animal Care and Control Department.
Sec. 41.5.	Animal Control Officer; Powers and Duties; Badges.
Sec. 41.5.1.	Biting Dogs.
Sec. 41.6.	Impoundment.
Sec. 41.7.	Periods of Impoundment.
Sec. 41.8.	Redemption.
Sec. 41.9.	Disposition of Animals.
Sec. 41.10.	Charges and Fees.
Sec. 41.11.	Quarantine; Delivery of Carcass.
Sec. 41.12.	Duties of Owners or Guardians.
Sec. 41.13.	Penalties.
Sec. 41.14.	Enforcement Against Violations on Property Under Jurisdiction of Recreation and Park Commission; Designated Officers and Employees.
Sec. 41.15.	Dogs: Dog License Fee Licensing Requirement; Fees; Term of License.
Sec. 41.16.	Reduction in Fee – Special Circumstances.
Sec. 41.17.	Fees – Late Payment Penalty.
Sec. 41.18.	Vaccination Required for License.
Sec. 41.19.	Young Dog Certificate.
Sec. 41.20.	Certificate to Owner or Guardian.
Sec. 41.21.	Removal of Tag Prohibited.
Sec. 41.22.	Duplicate License or Registration Tag Issued.
Sec. 41.23.	Exceptions.
Sec. 41.24.	Enforcement.
Sec. 41.25.	Penalties; Administrative Citations.
Sec. 41.26.	Annual Adjustment of Fees.
Sec. 42.	Definitions.
Sec. 42.1.	Fight Training Prohibited.
Sec. 42.2.	Registration.
Sec. 42.3.	Seizure of Dog: Hearings.
Sec. 42.4.	Penalty; Misdemeanor or Infraction.
Sec. 42.5.	Enforcement.
Sec. 42.6.	Rewards.
Sec. 42.7.	Severability.
Sec. 43.	Definition of Pit Bull.
Sec. 43.1.	Mandatory Spaying and Neutering of Pit Bulls; Exceptions.
Sec. 43.2.	Penalties for Failure to Spay or Neuter Pit Bull.
Sec. 43.3.	Allocation of Fees and Fines Collected.
Sec. 43.4.	Operative Date.
Sec. 44.	Requiring a Permit for the Breeding and Transferring of Pit Bull Puppies.
Sec. 44.1.	Granting or Denying a Permit.
Sec. 44.2.	Relocation of Permit.
Sec. 44.3.	Transference and Sale of Pit Bull Puppies.
Sec. 44.4.	Fines for Failure to Comply with Permit Requirements.
Sec. 44.5.	Allocation of Fees and Fines Collected.
Sec. 44.6.	Exceptions to Permit Posting Requirements.
Sec. 44.7.	Operative Date.
Sec. 45.	Onychectomy (Declawing) and Tendonectomy Prohibited; Penalties.
Sec. 50.	Prohibition.
Sec. 51.	Definition of "Wild and Potentially Dangerous Animal."
Sec. 52.	Animals Eligible for Permits.
Sec. 53.	Application and Fee for Permit.
Sec. 54.	Confinement Regulations.
Sec. 55.	Other Laws.
Sec. 56.	Review of Application for Permit.
Sec. 57.	Permit Restrictions.
Sec. 58.	Term and Renewal of Permits.
Sec. 59.	Revocation of Permits.
Sec. 60.	Exceptions.
Sec. 61.	Exception – For Transportation of Animals Through City and County.
Sec. 62.	Notice of Escape.
Sec. 63.	Impoundment.
Sec. 64.	Notice of Removal.
Sec. 65.	Disposition of Wild and Potentially Dangerous Animals.
Sec. 66.	Penalty.

 

Editor's Note:
   See also, Art. 1A, "Animal Sacrifice"; Art. 1B, "Performance of Wild or Exotic Animals for Public Entertainment or Amusement"; Art. 1C, “Sale of Animals”; Art. 1D, “Animal Fur Products.”

SEC. 1. REPORT OF DISEASES OF ANIMALS REQUIRED.

   Every veterinary physician or surgeon, and every person practicing as such, and every person owning or having animals in his care within the City and County of San Francisco, shall present to the Department of Public Health of said City and County a written notice of the existence of any and every case of glanders or farcy or other contagious or infectious diseases in animals, which may have come under his observation or to his knowledge, which notice shall be given within two days thereafter, and shall contain the name and residence of the possessor of the animal so diseased so far as the same can be ascertained, a description of the animal, and where last seen by the person giving the notice and be signed by him.

Editor's Note:
   Sections designated 1A.1 et seq. are codified in Art. 1A below. Sections designated 1B.1 et seq. are codified in Art. 1B below. Sections designated 1C.1 et seq. are codified in Art. 1C below. Sections designated 1D.1 et seq. are codified in Art. 1D below.

SEC. 2. PENALTY.

   Any person violating any of the provisions of Section 1 of this Article shall be deemed guilty of a misdemeanor, and, on conviction, shall be punished by a fine of not less than $20 nor more than $500, or by imprisonment in the County Jail not less than 20 days nor more than six months.

SEC. 7. CONTAGIOUS DISEASES OF ANIMALS.

   No animal affected with any infectious or contagious disease shall be brought or kept within the limits of the City and County of San Francisco, except by permission of the Department of Public Health of said City and County.

   It is hereby made the duty of all persons having any knowledge thereof to report promptly to said Department of Public Health all cases of animals affected with any infectious or contagious disease, and all cases which may be regarded as suspicious or which exhibit symptoms of any contagious or infectious disease.

   The Department of Public Health shall, upon locating any animal sick as aforesaid, at once order a quarantine against the premises in which said animal is kept, said quarantine to operate only against the exposure of animals to contagion or infection, and shall not be a bar to any person from entering or leaving said premises, unless the disease with which the animal is affected is dangerous to mankind.

   The owner or custodian of any sick animal as aforesaid must, upon demand by the Department of Public Health, show to the satisfaction of said Department that he or she is competent to properly care for said animal, or that the animal is under the care of a veterinary surgeon.

   If any developed case of sickness shall be pronounced incurable by the said Department, or by its designated veterinary surgeon, said Department is hereby authorized, empowered and directed to kill the animal so infected with incurable sickness, and to make such disposition of the carcass thereof as it may deem best; provided, however, that if the owner or manager of said animal at the time of such decree has employed a recognized veterinary surgeon to treat the animal and said veterinarian does not agree with the Department of Public Health as to the impossibility of effecting a cure, then and in that event the owner or manager of such animal shall be given the benefit of the doubt, and a reasonable time, not to exceed 30 days, shall be allowed such owner or manager in which to demonstrate to the Department of Public Health that the animal can be cured; and, provided further, that no carcass of any animal dead of an infectious or contagious disease, or killed on account thereof, shall be buried within 500 feet of any residence.

SEC. 12. KEEPING OF COWS.

   It shall be unlawful for any person, firm or corporation to keep or cause to be kept any cows within the limits of the City and County of San Francisco, except as herein provided.

   Any person, firm or corporation may keep one cow upon any lot within the City and County, subject to provisions of Section 27 of this Article and all other laws and ordinances regulating the erection and maintenance of stables.

   Any person, firm or corporation may keep two or more cows if the person, firm or corporation so keeping the same shall set apart for the use of each two cows so kept at least one acre of land, and such cows shall have full access thereto.

   The provisions of this Section shall not apply to cattle temporarily confined for slaughtering purposes, nor to cattle in transit.

SEC. 17. DOG HOSPITALS, KENNELS, ETC.

   It shall be unlawful for any person, firm or corporation, or association, to erect, establish or maintain any dog hospital, dog kennel, or hospital for sick animals within the City and County of San Francisco, without permission first obtained from the Department of Public Health.

Editor's Note:
   Sections designated 19L.1 et seq. are codified in Article 19L below. Sections designated 19M.1 et seq. are codified in Article 19M below. Sections designated 22A.1 et seq. are codified in Article 22A below.

SEC. 27. STABLE PERMITS.

   It shall be unlawful to construct and maintain a stable, or to maintain an existing stable for one or more horses, donkeys, mules, cows, goats or livestock without a permit therefor from the Department of Public Health. The provisions of this Section and the provisions of Part II, Chapter I, of the Municipal Code shall not apply in cases where not more than two female goats are kept for the exclusive use of the owner's family.

   No permit shall be granted for a stable hereafter to be constructed and maintained, or for the future maintenance as a stable of a building not used as such, except on the report of the Department of Public Health, or other such satisfactory evidence, that the proposed place of construction or maintenance of such stable is unobjectionable from the point of view of sanitation and of the health and physical welfare of the inhabitants of the immediate neighborhood of its location.

   The provisions of this Section and the provisions Part II Chapter I of the Municipal Code shall not apply to an activity where, for less than 12 hours per day, horses are being hitched or unhitched, or standing or being fed waiting to be hitched or unhitched, provided such activity does not require or involve the construction or maintenance of a building.

   The Department of Public Health shall not refuse a permit for the maintenance of a stable in a building now constructed and maintained as a stable except upon satisfactory evidence that such stable is conducted in an insanitary manner and the failure to remove the objection to the manner of its maintenance within a time to be prescribed by said Department.

   A permit granted hereunder is subject to revocation by the Department of Public Health.

   No permit shall be refused or revoked by the Department of Public Health except after a full hearing, and then only in the exercise of a sound and reasonable discretion by said Department.

(Amended by Ord. 75-87, App. 3/20/87)

Editor’s Note:

   Sections designated 29.1 et seq. are codified in Article 29 below.

SEC. 32. KEEPING OF BEEF CATTLE.

   It shall be unlawful for any person, firm or corporation to keep or cause to be kept, any beef cattle within the boundaries of the City and County of San Francisco, excepting as hereinafter provided:

   For the sole purpose of loading, unloading and confining in corrals of beef cattle enroute to the slaughtering houses, the provisions of this Section shall not apply to that part of the City and County bounded and described as follows:

   Commencing at the intersection of the southerly line of Islais Creek with the southwesterly line of Authur Avenue and running thence southeasterly along the southwesterly line of Arthur Avenue to the northeasterly line of Ingalls Street; thence southwesterly along the northeasterly line of Ingalls Street to the southwesterly line of Galvez Avenue; thence northwesterly along the southwesterly line of Galvez Avenue to the southeasterly line of Third Street; thence southwesterly along the southeasterly line of Third Street to the northeasterly line of Jerrold Avenue; thence northwesterly along the northeasterly line of Jerrold Avenue to the northwesterly line of Phelps Street; thence along Phelps Street in a southerly direction to Newcomb Avenue; thence along Newcomb Avenue to Quint Street; thence along Quint Street in a southerly direction to Scotia Avenue; thence along Scotia Avenue to Silver Avenue; thence along Silver Avenue to Augusta Street; thence along Augusta Street to Elmira Street; thence along Elmira Street to Islais Creek Channel; thence westerly to the tracks of the Ocean Shore Railway; thence northerly along the tracks of the Ocean Shore Railway to Napoleon Street; thence along Napoleon Street to Islais Creek; thence along Islais Creek to Third Street; thence along Third Street to the point of commencement.

Editor's Note:
   Sections designated 34.1 et seq. are codified in Article 34 below.

SEC. 37. KEEPING AND FEEDING OF SMALL ANIMALS, POULTRY AND GAME BIRDS.

   (a)   Number of animals. It shall be unlawful for any person, firm or corporation to keep or feed, or cause to be kept or fed, or permit to be kept or fed, on any premises over which any such person, firm or corporation may have control within residential districts, (1) more than three dogs of age six months or older without obtaining a proper permit and license to operate a dog kennel as defined in Section 220 of the San Francisco Business and Tax Regulations Code, and (2) more than a total of four of the following in any combination: dogs of age six months or older unless part of a dog kennel, hares, rabbits, guinea pigs, rats, mice, gerbils, chickens, turkeys, geese, ducks, doves, pigeons, game birds of any species, or cats. Nothing in this section, however, shall prohibit the feeding of any wild bird not specifically prohibited by this section unless such feeding creates a public health nuisance.

   (b)   Enclosures. Any person, firm or corporation, keeping, feeding, or causing to be kept or fed, or permitting to be kept or fed, on premises over which such person, firm or corporation may have control, four or less hares, rabbits, guinea pigs, rats, mice, gerbils, chickens, turkeys, geese, ducks, doves, pigeons, parrots of any species, game birds of any species or wild animals of any species except those animals prohibited by Section 50 of this Code, shall keep same in coops or enclosures that are approved by the Director of Public Health. Where the coops or enclosures are located on the outside of or on top of any buildings, premises or structures, the coops or enclosures shall be not less than 20 feet from any door or window of any building used for human habitation.

   (c)   Prohibition. It shall be unlawful for any person, firm or corporation to engage in the business of keeping, feeding, or breeding any hares, rabbits, guinea pigs, rats, mice, gerbils, chickens, turkeys, geese, ducks, doves, pigeons, parrots of any species, game birds of any species, dogs, cats, for commercial purposes, within the residential districts.

   (d)   Commercial Purposes. It is hereby declared to be unlawful to conduct for commercial purposes any establishment in which dogs, cats, hares, rabbits, guinea pigs, rats, mice, gerbils, chickens, turkeys, geese, ducks, doves, pigeons, parrots of any species, game birds of any species, are kept and maintained in the commercial or industrial districts without first obtaining from the Department of Public Health a permit so to do.

   No permit shall be issued by the Department to any person, firm or corporation, to keep or maintain for commercial purposes any of the above named fowl, animals or birds within the commercial or industrial districts, unless said person, firm or corporation has complied in full with the following requirements:

      (1)   It shall be unlawful to establish hereafter any place of business for the sale of the fowl, animals or birds specified above within 25 feet of any door, window or other opening of any dwelling, apartment house or hotel if live fowl, animals or birds intended for sale are kept therein; provided, however, that this restriction shall not apply if a wall, ceiling, floor or other impermeable barrier between the place of business and such habitation will prevent odors and noise from disturbing the occupants of the habitation. It shall be unlawful to keep said live fowl, animals or birds in any basement, sub-basement or cellar in any place of business unless such basement, sub-basement or cellar is adequately ventilated, as approved by the Director of Public Health and is also adequately lighted, completely rodent-proofed and complies fully with the sanitary requirements set forth in Section 440 of this Code.

      (2)   The floors of all such premises must be of waterproof material, smooth and of durable construction properly drained to the sewer. These floor surfaces shall be coved at the juncture of the floor and wall with a 3/8-inch minimum radius coving and shall extend up the wall at least four inches.

      (3)   The premises shall be rodent-proof, all openings properly fly-screened, and adequate provision must be made for the elimination of all odors.

      (4)   The walls and ceilings of all such premises must be of durable, smooth, nonabsorbent, washable surface, and be light-colored.

      (5)   In all premises where slaughtering of fowl, birds or animals is carried on in connection with the keeping of said fowl, birds or animals, the killing room must be entirely separate from that part of the premises occupied by the live fowl, animals or birds.

   Refrigerating equipment must be installed for the reception of the dressed fowl, birds or animals, properly connected to the sewer. Toilet and lavatory facilities for the use of the employees engaged in the handling and slaughtering of such birds, animals or fowl must be installed in conformity with the provisions of the San Francisco Plumbing Code.

   (e)   Exceptions. The terms and provisions of this Section shall not apply to the keeping, liberation for exercise, or racing of homing or carrier pigeons which are not raised or kept for the market or for commercial purposes, and the lofts or pigeons houses wherein said homing or carrier pigeons are kept are elevated at least three feet above the ground or other foundation upon post-legs or pillars completely surrounded or covered by smooth, jointless galvanized sheet metal and within not less than 20 feet from the door or window of any building used for human habitation, and the entire floor and sides for at least two feet extending upwards from the bottom of the floor of said lofts or pigeons houses, are covered or protected by galvanized iron or its equivalent, concrete or 18 gauge wire mesh of not more than 1/2-inch and the interior of said lofts or pigeons houses, wherein such carrier or homing pigeons are kept, are registered by the owners thereof with the Department of Public Health and the said lofts or pigeon houses shall be inspected by the Department at least once a year.

   (f)   Definition. For the purposes of this Section, the terms "residential district," "commercial district," and "industrial district" shall have the same meanings as those found in the San Francisco Planning Code.

(Amended by Ord. 256- 90, App. 6/29/90; Ord. 185-00, File No. 000335, App. 8/11/2000; Ord. 125-01, File No. 010269, App. 6/15/2001)

SEC. 38. PENALTY.

   Any person, firm or corporation violating any of the provisions of Section 37 of this Article shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than $100, or by imprisonment in the County Jail for not more than 30 days, or by both such fine and imprisonment.

SEC. 39. REPORTING OF DOG BITES.

   (a)   Any person who owns and/or is in control of a dog that bites a human or other domestic animal shall provide his or her name and address and present his or her driver's license or other form of identification and information regarding the rabies vaccination of the biting dog to the person bitten or the person responsible for the animal bitten. The owner or the person in control of the biting dog shall provide his or her current residence address. If the person bitten is a minor, the owner or person in control of the biting dog shall provide the required information to the parent or guardian of the minor.

   (b)   In addition to the above requirements, it shall be the duty of any person having knowledge of any animal which has bitten a human being or other animal within the City and County to immediately, and in no case later than the end of the next business day, report the fact to the Department of Animal Care and Control and to furnish as much information as possible, including date, time and location of bite, description of animal or person bitten, name and license number of the biting animal, and rabies vaccination history of the biting animal.

(Added by Ord. 14-05, File No. 041555, App. 1/21/2005)