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COUNTY OF SAN MATEO
Inter-Departmental Correspondence
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Environmental Services Agency
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DATE:
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August 4, 2005
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BOARD MEETING DATE:
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September 13, 2005
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SPECIAL NOTICE/HEARING:
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Ten-days’ notice
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Public Hearing
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9:45 a.m.
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VOTE REQUIRED:
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Majority
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TO:
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Honorable Board of Supervisors
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FROM:
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Marcia Raines, Environmental Services Agency Director
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SUBJECT:
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EXECUTIVE SUMMARY: Dangerous Animal Ordinance Revisions
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RECOMMENDATION:
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Adopt an ordinance amending certain sections of Chapter 6.04 of Title 6 of the San Mateo County Ordinance Code regarding Animal Control and Dangerous Animal Proceedings
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BACKGROUND:
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The County has contracted with the Peninsula Humane Society (PHS) for Animal Control Services to all cities and the unincorporated areas of the County for over 45 years. The twenty cities of the County have historically contracted with the County for Animal Control Services. The contract between the County and cities states each city is responsible to adopt and maintain a substantially same animal control ordinance and fee schedule as the County. Enforcement of city ordinances which differ substantially from the County ordinance and which result in an increase to PHS’ costs shall be reimbursed directly from the city requiring special services to PHS, as negotiated between the city and PHS. Under the existing ordinance, all cities maintain a substantially similar animal control ordinance that does not require additional services from PHS. After approval from the Board of Supervisors, each city will be required to adopt the revised ordinance within 60 days. The ordinance will become effective Countywide thirty days from the date of adoption by the last of the twenty cities.
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While the existing dangerous animal ordinance provides vigorous controls over animals posing a threat to public safety, County, city and PHS staff sought to tighten existing regulations. Through a series of meetings with the Animal Control Task Force, which included representatives from all cities and PHS, a revised ordinance was developed. Under both the existing and revised ordinances, animal control staff has the latitude to declare an animal “dangerous,” which means the animal owner may maintain the animal under a set of strict conditions under the jurisdiction of a dangerous animal permit. The dangerous animal designation generally follows an incident involving an attack to another animal or a relatively minor bite to a human. Animal control staff also has the authority to impound and euthanize an animal that has committed an attack of an egregious nature. Should an animal owner disagree with the dangerous animal declaration or intent to impound and euthanize an animal, they may request a hearing to dispute the charge. The revised ordinance follows this existing system, yet allows for more stringent regulations on dangerous animals, clarifies the hearing procedure, and cleans up various provisions of the ordinance.
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DISCUSSION:
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The following is a summary of changes contained in the revised ordinance:
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• Clarify definitions of “dangerous” (allow animal to be maintained with a permit) vs. “vicious” (animal must be euthanized)
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• Clarify procedures for the transfer of dangerous animals into County, between cities and out of County
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• Give PHS and hearing officer more options, e.g. order obedience training, etc.
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• Disallow animals declared dangerous because of aggression to humans from being maintained in a residence with juveniles under the age of 18
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• Clarify procedures allowing PHS or hearing officer to modify dangerous animal permits, i.e. place additional restrictions on repeat offenders
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• Allow interested persons to request a hearing should the Animal Control Officer determine an animal is not dangerous or vicious
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• Give PHS the ability to process violations as infractions without going through the prosecuting attorney
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