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No person may own, keep, or harbor any dog within the City and County of San Francisco that the person in possession knew, or should have known, was a pit bull that has not been spayed or neutered unless:
(a) The pit bull is under eight weeks of age;
(b) The pit bull cannot be spayed or neutered without a high likelihood of suffering serious bodily harm or death due to a physical abnormality. A veterinarian must certify such a condition, determine the time frame after which the pit bull can be spayed/neutered. Within 30 days of the operative date of this ordinance, or within 30 days of, taking possession or ownership of an unspayed or unneutered pit bull, the owner, guardian or keeper must submit such documentation to be verified by the Department;
(c) The pit bull has been present in the City and County of San Francisco for less than thirty days;
(d) The owner, guardian or keeper has obtained, or has submitted an application for a breeding permit in accordance with Section 44 et seq. of the San Francisco Health Code;
(e) Determination of breed is under appeal pursuant to Section 43(b) above; or
(f) The pit bull is a show dog. Within 30 days of the operative date of this ordinance, or within 30 days of taking possession or ownership of an unspayed or unneutered pit bull, the owner, guardian or keeper must submit a copy of the organization papers (AKC or UKC) to the Department of Animal Care and Control demonstrating the pedigree information and show dog registration and that the dog conforms with the same breeding permit guidelines set forth in Sections 44.1(a)(3)(A), 44.1(a)(3)(B), 44.1(a)(3)(C) and 44.1(a)(3)(D).
(Added by Ord. 268-05, File No. 051607, App. 11/22/2005)
Violation of Section 43.1 may result in the following penalties:
(a) A first violation may result in the Department impounding the pit bull and disposing of the pit bull in accordance with Sections 41.7(a) and 41.9 of the San Francisco Health Code. A first violation shall be an infraction punishable by a fine not to exceed $500. In order for the owner, guardian or keeper to reclaim the pit bull from the Department, in addition to paying the other charges and fees set out in Section 41.10, one of the following must occur:
(1) The Department shall have a veterinarian spay or neuter the dog. The dog owner, guardian or keeper shall pay a deposit of $100 prior to the procedure and will be charged the fee for such services consisting of the actual expense incurred as established by the Department. There may be additional fees for any extraordinary care provided.
(2) In the alternative, the owner, guardian or keeper shall arrange for another veterinarian within the City and County of San Francisco to spay or neuter and shall pay the Department a fee of $60, which shall cover the Department's costs of delivering the dog to a vet of the owner, guardian or keeper's choosing. The Department shall deliver the dog to the vet, and the vet shall release the dog to the owner, guardian or keeper only after the spaying or neutering is complete.
(3) At the discretion of the Director, or his/her designee, the Director may release the dog to the owner, guardian or keeper provided that the owner, guardian or keeper signs an affidavit that s/he will have the dog spayed or neutered within two weeks and will provide documentation verifying that the spaying or neutering occurred upon completion. If the owner, guardian or keeper fails to have his/her pit bull spayed or neutered as agreed in the affidavit, the Department shall have the authority to impound the dog, and the owner, guardian or keeper may be charged with a second violation under 43.2(b), below.
(4) In the event that the Director or his/her designee determines that payment of any fees by the owner, guardian or keeper of a pit bull which is impounded or otherwise taken into custody would cause extreme financial difficulty to the owner, guardian or keeper, the Director or his/her designee may, at his/her discretion, waive all or part of the fees necessary for compliance with this section.
(b) A second violation of this section by the owner, guardian or keeper, shall be a misdemeanor punishable by imprisonment in the County Jail for a period not to exceed six months or by a fine not to exceed $1,000, or by both such fine and imprisonment. In addition, a second violation may result in the Department impounding the pit bull and disposing of the pit bull in accordance with Sections 41.7(a) and 41.9 of the San Francisco Health Code. Further, the provisions of Section 43.2(a)(1) above may apply.
(Added by Ord. 268-05, File No. 051607, App. 11/22/2005)
All fees and the City's share of all fines collected under Section 43.2 shall be used only by the Animal Care and Control Department to fund the implementation and enforcement of the pit bull spaying/neutering program.
(Added by Ord. 268-05, File No. 051607, App. 11/22/2005)
Notwithstanding the provisions of Section 43.1. the provisions of this Section mandating the spaying and neutering of pit bulls shall not be operative until the first date that California Health and Safety Code Section 122331 is in full force and effect or upon the effective date of this ordinance, whichever is later.
(Added by Ord. 268-05, File No. 051607, App. 11/22/2005)
(a) No person shall cause or allow any pit bull, as defined in Section 43(a) of the San Francisco Health Code, that is owned, harbored or kept within the City and County of San Francisco to breed or give birth without first obtaining a permit as described in this Article.
(b) Keeping an unaltered male adult dog together with a female dog in heat in the same dog run, pen, room, or any other space where the two dogs are allowed contact with one another that would allow the dogs to breed is considered prima facie evidence of an owner, guardian or keeper's intent to allow the dogs to breed.
(Added by Ord. 268-05, File No. 051607, App. 11/22/2005)
(a) Requirements of permit. An owner or keeper of a pit bull may obtain a nontransferable permit that lasts for one year. If more than one owner, guardian, or keeper is involved in the breeding process, each party must apply for and be granted a breeding permit. The permit may be obtained from the San Francisco Department of Animal Care and Control ("Department") if all of the following conditions are met:
(1) The applicant has submitted the appropriate forms and fees required by the Department in order to seek consideration for a breeding permit.
(2) The applicant has a space in which to breed pit bulls and raise the puppies that the Department is satisfied will contain the animals as well as provide them with safe, sanitary, and humane conditions, appropriate for breeding pit bulls, which satisfies all applicable provisions of Article 1 of the San Francisco Health Code and all applicable State animal welfare laws.
(3) The Department has evaluated and reached a positive conclusion regarding the suitability of the particular pit bulls to be bred, including consideration of their lineage, age and health condition. The Department shall utilize the following guidelines in making a determination:
(A) Owners, guardians or keepers shall provide verification that any pit bull to be bred is registered as an American Pit Bull Terrier, an American Staffordshire Terrier, or a Staffordshire Bull Terrier, with the appropriate registry for its breed (American Kennel Club, United Kennel Club, American Dog Breeders Association ("ADBA")) or any other valid registry as determined by the Department.
(B) Any pit bull to be bred must meet the pit bull breed standard, as defined by the appropriate registration agency (AK, UKC, or ADBA), for physical conformation as well as temperament.
(C) The registered pit bull has participated in at least one approved dog show during the previous 365 day period or the owner, guardian or keeper has given written notice to one of the dog registries listed above stating his/her intention that the dog will participate in an approved dog show. A dog show is defined as an event that is sanctioned in writing by one or more of the dog registries listed above.
(D) Any pit bull to be bred shall have the appropriate health screenings for its breed. For pit bulls this is, at a minimum, the following health tests: Orthopedic Foundation for Animals ("OFA") or University of Pennsylvania Hip Improvement Program ("PennHIP") certification on hips, OFA on heart by a certified cardiologist and must have passed the American Temperament Testing Society temperament test.
(4) Breeders shall not allow female pit bulls to have more than 1 litter per year.
(5) Upon approval of his/her application, the applicant must pay the $100 permit fee.
(b) Permit denial. The Department shall automatically deny the permit if one or more of the following occurs, and that decision shall be final:
(1) The applicant fails to pay the permit fee within two weeks of notification that the application has been approved. Applicant may reapply for a permit after ten months.
(2) The applicant has a history of allowing dogs to run loose or escape, or has otherwise been found to be neglectful; has had his/her dog identified as a nuisance; or has previously been determined to have violated Section 41.12 of the San Francisco Health Code.
(4) The applicant has applied for a permit within the last ten months.
(c) Inspections of the premises. The Department may on one or more occasions, up to a year after issuing the permit, perform an inspection of the dog's living quarters to ensure that the standards required to receive a permit are met. The Department will give the owner, guardian or keeper a twenty-four hour notice and will conduct such inspection at a reasonable time when the owner, guardian or keeper, or his/her representative, is present. The owner, guardian or keeper shall allow the Department access to conduct the inspection.
If the property does not meet the required standards, or the owner, guardian or keeper cannot be contacted for an inspection within two weeks of the Department's initial attempt, or the owner, guardian or keeper fails or refuses to allow an inspection, the Department shall not issue a permit.
(Added by Ord. 268-05, File No. 051607, App. 11/22/2005)
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