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HomeMy WebLinkAboutItem 6b. Introduce an Ordinance amending Title 6 (Animals) to modify the Animal Control Ordinance Item 6b Department: Police Cost Center: 8001 For Agenda of: 8/20/2024 Placement: Public Hearing Estimated Time: 30 Minutes FROM: Rick Scott, Police Chief Prepared By: Brian Amoroso, Deputy Chief SUBJECT: INTRODUCE AN ORDINANCE AMENDING TITLE 6 (ANIMALS) OF THE SAN LUIS OBISPO MUNICIPAL CODE RECOMMENDATION Introduce a Draft Ordinance entitled, “An Ordinance of the City Council of the City of San Luis Obispo, California, amending Title 6 (Animals) of the Municipal Code to adopt and incorporate by reference San Luis Obispo Cou nty Code Title 9 (Animals) and to retain certain city requirements regarding animals.” POLICY CONTEXT The City of San Luis Obispo contracts with the County of San Luis Obispo to provide animal control services to the City. The animal services contract is coordinated and funded as an expense item in the budget of the Police Department. The County has recently updated their animal control ordinance, Title 9 of the County Code, and has asked each contract city to adopt their Code by reference into the Municipal Code to streamline and simplify the enforcement of animal control throughout the County. By adopting Title 9 of the County Code (by reference), many current San Luis Obispo municipal codes in Title 6 (Animals) will be duplicates and will be removed. The City will retain all current animal control Municipal Codes that are not represented in Title 9, resulting in no significant changes to the current animal control rules and regulations of the City, but this approach will provide future efficiencies should the County make further updates to Title 9. DISCUSSION Background Title 9 of the San Luis Obispo County Code establishes rules and regulations related to the care, management, and keeping of animals within the County. Additionally, it establishes the County Division of Animal Services’ role, responsibility, and authority in the enforcement of those codes. The last substantial revisions to the County’s Animal Control Code occurred in 1998. Since that time, standards and expectations with regard to animal care and control have evolved, leaving some of the code’s provisions outdated Page 319 of 403 Item 6b and inconsistent with currently recognized best practices . Beyond addressing omissions and additions, the County Code revisions clarified existing language, resolved conflicting provisions, eliminated redundancies, and provides continuity between Title 9 and other sections of the County Code. The City of San Luis Obispo Municipal Code contains the rules and regulations related to animal regulations in the City. Animal Control Officers from the County are tasked with enforcing the regulations of each contract city, creating a confusing mix of numerous municipal codes, combined with the County Code, that required research and analysis, depending on which jurisdiction they were currently responding to for a call for service. Having each contract city adopt Title 9 of the County Code will provide a standardized set of regulations that can be more easily enforced, create continuity throughout the county, while still allowing each city to keep additional regulations that are not contained in Title 9. The City of Grover Beach was the first to adopt Title 9 of the County Code by reference on July 22, 2024. If approved, San Luis Obispo will be the second city in the County to adopt the County Code. Other cities in the County have begun work on this but are in the early stages of analysis and the timeframe for their adoption is unknown. Attachment B provides an analysis of each current SLOMC Title 6 section, and the relevant County Code Title 9 section that will replace it. Should the City adopt the County Code by reference, the following SLOMC chapters and sections will be rescinded in their entirety as they are codified in a like manner in the County Code:  6.04 (Definitions), 6.08 (Public Pound), 6.12 (Impoundment Procedures), 6.16 (Dog Registration and Licensing), 6.24 (Dog Kennels, Pet Shops, Catteries and Aviaries), 6.20.020 (Keeping of Noisy Animals), 6.20.030 (Disposition of Dead Animals – Owner’s Responsibilities), 6.20.040 (Disposition of Dead Animals – By Poundmaster Upon Request), 6.20.050 (Leash Law), 6.20.060 (Animals Showing Rabies Symptoms), 6.20.070 (Menacing and Aggressive Animals), 6.28.020 (Animals and Poultry Running at Large – Prohibited - Exceptions), 6.28.030 (Animals and Poultry Running at Large – Impoundment), 6.28.040 (Disposition of Impounded Animals and Poultry) and 6.28.050 (Unsanitary Conditions Prohibited). The adoption of Title 9 of the County Code by reference will result in the following minor changes from the City’s current municipal code:  6.12.130 – Formalize that the County no longer impounds healthy stray cats, and that practice would extend to the City. The impounding of healthy stray cats has not been occurring since 2019, including in the City of San Luis Obispo. According to Animal Control, this is a best practice in the industry and does not result in a measurable increase of stay cats.  6.16.070 – Licensing of dogs would be valid for a term of up to 3 years. Current SLOMC dog licensing is only valid for one year. This change will create greater efficiencies for City residents. Page 320 of 403 Item 6b  6.16.080 – Licensing fees will be set by the County and updated annually to properly reflect costs. The County currently sets the licensing fees that City residents pay, so licensing fees will not be different from the current rates.  6.20.020 – Complaints arising from noisy animals can now escalate to a complaint with the District Attorney’s Office. In order to keep the current animal regulations that are unique to the City of San Luis Obispo in place, the following SLOMC sections will be retained as they are not prohibited actions identified in the County Code:  6.20.010 – Keeping Noisy Animals – Prohibited  6.28.010 – Animal Definitions  6.28.060 – Keeping of Animals – limitations and regulations on keeping of poultry, rabbits, swine, hogs, pigs, and other animals. Specifically retains the maximum number of five cats allowed in a residence in the City.  6.28.070 – Prohibition on beekeeping  6.28.080 – Prohibition on breeding in the city Attachment C provides a list of regulations in Title 9 of the County Code that are not currently contained in Title 6 of the City Municipal Code. These will constitute new animal control restrictions in the City. Most are administrative in nature, but some of the noteworthy additions include:  9.02.002 – Prohibits the unauthorized feeding of animals by individuals on property other than their own.  9.02.003 – Requires animal owners to remove animal wastes deposited off the owner’s property.  9.02.009 – Prohibits the keeping of dangerous and wild animals including large and venomous snakes, wolf hybrid dogs and others.  9.02.010 – Requires motorists striking domestic animals to stop and render aid or make official notification.  9.03.001 – Requires microchipping of adult dogs and cats.  9.03.004 – Prohibits cat owners from allowing unaltered cats to roam at large. Allows finders of unaltered cats roaming at large to have the cat altered at their expense.  9.08.002 – Establishes a requirement for owners of cats allowed to roam outdoors to have those cats vaccinated against rabies. Note: Animals will not be taken by Animal Services for these violations. There are low cost options for micro-chipping and vaccinations available at Animal Services, and it is the current law that any animal that is taken into custody is required by state law to be micro-chipped before it can be returned to the owner, but an inability to pay does not result in the animal being retained. The code requires that it be performed at no-cost to the owner in these cases. Attachment D provides a color-coded, marked legislative draft of San Luis Obispo Municipal Code Title 6 highlighting the proposed additions, deletions and modifications. Page 321 of 403 Item 6b Attachment E provides the current version of the San Luis Obispo County Code Title 9. Attachment A is the draft ordinance proposed to Council. Next Steps If approved, the ordinance will take effect after the second reading, on September 3rd. When the County code changes in the future, those amendments would become effective on the same date due to the reference in the Municipal Code. The adoption or rejection of the County Code by other cities does not affect the City of San Luis Obispo or our contract with Animal Services. Previous Council or Advisory Body Action None. Public Engagement No prior formal public engagement was conducted on this item as there will be no significant substantive changes to the current rules and regulations related to animals, but rather only a change to where the rules and regulations are codified. Public engagement will occur as part of the standard City Council meeting agenda workflow, including the opportunity to comment in writing and in person at the City Council meeting. CONCURRENCE None ENVIRONMENTAL REVIEW The California Environmental Quality Act does not apply to the recommended action in this report, because the action does not constitute a “Project” under CEQA Guidelines Sec. 15378 as adoption of the ordinance will not cause a direct physical change in the environment or cause a reasonably foreseeable indirect change in the environment . FISCAL IMPACT Budgeted: Yes/No Budget Year: 2023-24 Funding Identified: Yes/No Fiscal Analysis: Funding Sources Total Budget Available Current Funding Request Remaining Balance Annual Ongoing Cost General Fund $ 339,026 $ $ $339,026 State Federal Fees Page 322 of 403 Item 6b Other: Total $0 $0 $0 $0 There is no projected fiscal impact directly related to adopting the County of San Luis Obispo Title 9 by reference. The City costs associated with Animal Services are based on our calls for service and shelter usage, based on a percentage of total costs in relation to the usage and calls for service of the other cities and the County. ALTERNATIVES 1. Council could decide not to introduce Title 9 of the County Code and keep the existing Municipal Code language. This action is not recommended, as City staff does not have the animal control expertise needed to ensure current regulations are updated with best practices and in compliance with regulations and laws related to animal control. 2. Council could direct staff to modify sections of Title 6 of the City’s Municipal Code that are proposed to be retained in the draft ordinance (e.g. SLOMC Sections 6.20.010 – Keeping Noisy Animals – Prohibited; 6.28.010 – Animal Definitions; 6.28.060 – Keeping of Animals – limitations and regulations on keeping of poultry, rabbits, swine, hogs, pigs, and other animals; 6.28.070 – Prohibition on beekeeping; 6.28.080 – Prohibition on breeding in the city), while retaining the proposed incorporation of Title 9 of the County Code, and further direct staff to conduct outreach regarding these proposed revisions and return to Council with the revised ordinance for introduction in the future. 3. Council could remove certain provisions of Title 9 of the County Code from incorporation by reference into Title 6 of the City’s Municipal Code and introduce the proposed ordinance as modified. Depending on the nature of the County Code Title 9 provision removed, this alternative could create greater inconsistencies and concerns for the County in carrying out animal control services within the City. It is, therefore, recommended that, should Council wish to move forward with this alternative, staff be provided time to confer with the County before adoption of the proposed changes. ATTACHMENTS A - Draft Ordinance amending Title 6 (Animals) B - Comparison document of SLO County Code Title 9 and SLOMC Title 6 C - SLO County Code Title 9 sections that will be new to the City of San Luis Obispo D - Legislative Draft of SLOMC Title 6 E - E - San Luis Obispo County Code Title 9 Page 323 of 403 Page 324 of 403 O ______ ORDINANCE NO. _____ (2024 SERIES) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, AMENDING TITLE 6 (ANIMALS) OF THE CITY MUNICIPAL CODE TO ADOPT AND INCORPORATE BY REFERENCE SAN LUIS OBISPO COUNTY CODE TITLE 9 (ANIMALS) AND TO RETAIN CERTAIN CITY REQUIREMENTS REGARDING ANIMALS WHEREAS, the City contracts with the San Luis Obispo County (“County”) Division of Animal Services for the provision of animal control services; and WHEREAS, to enable the County to provide animal control services within the City, the City will enact municipal code provisions, which are similar to and consistent with the County’s code regarding the care, keeping, and management of animals; and WHEREAS, the City Council desires to support the safe and responsible care, keeping and management of animals within the City; and WHEREAS, the County has requested that each City that contracts with the County for animal control services adopt, by reference, the County’s Code pertaining to Animals (Title 9) so the County can administer animal control services consistently within all contracting jurisdictions; and WHEREAS, to accomplish these purposes, City Municipal Code Title 6 (Animals) would be amended to incorporate by reference the County Code pertaining to Animals (Title 9); and WHEREAS, current City Municipal Code chapters 6.04, 6.08, 6.12, 6.16, and 6.24, and current City Municipal Code sections 6.20.020, 6.20.030, 6.20.040, 6.20.050, 6.20.060, 6.20.070, 6.28.020, 6.28.030, 6.28.040, and 6.28.050, would be rescinded in their entirety; and WHEREAS, current City Municipal Code sections 6.20.010 and 6.28.070 would be retained in their entirety; and WHEREAS, current City Municipal Code sections 6.28.010, 6.28.060, and 6.28.080 would be modified. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. Chapter 6.01 of the San Luis Obispo Municipal Code (Adoption of San Luis Obispo County Animal Control Code, Title 9) is hereby added, with sections to read as follows: 6.01.010 Adoption and incorporation of San Luis Obispo County Animal Control Code (Title 9). Page 325 of 403 Ordinance No. _____ (2024 Series) Page 2 O ______ The provisions of San Luis Obispo County Animal Control Code, Title 9, as amended from time to time, are adopted by reference and incorporated in their entirety as provisions of the San Luis Obispo Municipal Code. To the extent any provision or provisions of the San Luis Obispo County Animal Control Code, Title 9, as adopted, conflict with any other provision or provisions of the San Luis Obispo City Municipal Code, the other provision or provisions of the San Luis Obispo City Municipal Code shall take precedence. 6.01.020 Enforcement of Animal Control provisions within City. The provisions of this Title are enforceable within the jurisdictional boundaries of the City of San Luis Obispo by the County of San Luis Obispo Animal Control Officer, or designee, pursuant to and in accordance with the terms of a contract for animal care and control services entered into between the City and the County, and by City Code Enforcement and the City Police Department. SECTION 2. Current San Luis Obispo Municipal Code chapters 6.04, 6.08, 6.12, 6.16, and 6.24, and current City Municipal Code sections 6.20.020, 6.20.030, 6.20.040, 6.20.050, 6.20.060, 6.20.070, 6.28.020, 6.28.030, 6.28.040, and 6.28.050 are hereby rescinded in their entirety. SECTION 3. Current San Luis Obispo Municipal Code sections 6.20.010 and 6.28.070 are hereby retained in their entirety. SECTION 4. Current San Luis Obispo Municipal Code section 6.28.0 10 is hereby amended to read as follows: 6.28.010 Definitions. For the purpose of this chapter, the following words shall have the following meanings: A. “Domestic or domesticated animal” means and includes any animal domesticated to live in close association with or for the benefit of humans in a tame condition. B. “Household pets” means and includes any animal normally kept for purposes of companionship or amusement, including, but not limited to cats, dogs, canaries, parrots, fish, rodents, rabbits, turtles, lizards and snakes. C. “Livestock” means and includes horses, ponies, mules, jacks, jennies, cows, bulls, calves, heifers, sheep, goats, swine, and rabbits. D. “Poultry” means and includes pigeons, ducks, geese, turkeys, chickens and all other domestic or domesticated fowl other than household pets. SECTION 5. Current San Luis Obispo Municipal Code section 6.28.060 is hereby amended to read as follows: Page 326 of 403 Ordinance No. _____ (2024 Series) Page 3 O ______ 6.28.060 Keeping of animals – Limitations and regulations. A. Poultry and Rabbits. 1. No person shall keep upon any premises in the city any poultry or rabbits: a. Within fifty feet of any dwelling; or b. If more than five in all of any such rabbits or poultry are kept, within seventy - five feet of any dwelling. 2. No person shall keep upon any premises in the city more than twenty -five such rabbits or poultry, except by special permit of the council first had and obtained, or keep any rooster of crowing age within one hundred feet of any dwelling. This provision limiting the maximum number of rabbits or poultry shall not be retroactive or effective as to rabbit or poultry ranches or processing plants actually in operation on the effective date of the ordinance codified herein. 3. The owners or persons in charge of such rabbits or poultry kept in the city shall provide suitable houses or cotes with board or cement floors in each and every house and cote, and the houses, cotes or pens shall at all times be kept clean. B. Swine, Hogs and Pigs. No person shall keep upon any premises in the city any swine, hog or pig, whatsoever. C. Cats. No person shall keep upon any premises in the city more than five (5) cats. D. Other Animals. 1. No person shall keep upon any premises in the city any other animals as defined in Section 6.28.010: a. On any lot containing less than twenty thousand square feet; or b. In any corral, barn or other enclosure which would permit the animals within seventy-five feet of any dwelling; c. If staked within one hundred feet of any dwelling. 2. No person shall tie, stake or pasture, or permit the tying, staking or pasturing, of any animal upon any private property in the city without consent of the owner or occupant of such property in such a way as to permit any such animal to trespass upon any street or public place or upon any such private property. No person shall permit any such animal to be or remain during the nighttime secured by a stake or secured in any manner other than by enclosing such animal in a pen, corral or barn sufficient and adequate to restrain such animal. All such animals shall be provided with adequate food, water and shelter or protection from the weather. 3. All fences or enclosures used for the purposes set forth in this subsection must be of such material and maintained in such manner as humane for the safety and protection of such animals. The provisions of this section shall not be deemed to apply to any public educational institution. (Prior code § 4120.5). SECTION 6. Current San Luis Obispo Municipal Code section 6.28.080 is hereby amended to read as follows: 6.28.080 Breeding prohibited in city. No owner of, and no person in possession or in charge of, any livestock, poultry, or any domestic or domesticated animals other than household pets, shall breed Page 327 of 403 Ordinance No. _____ (2024 Series) Page 4 O ______ or permit the breeding of such livestock, poultry, or domestic or domesticated animal within the city. SECTION 7. All prior ordinances relating to animal control regulations are hereby rescinded and superseded to the extent inconsistent herewith. SECTION 8. A summary of this ordinance, together with the names of Council members voting for and against, shall be published at least five (5) days prior to its final passage, in The New Times, a newspaper published and circulated in this City. This ordinance shall go into effect at the expiration of thirty (30) days after its final passage. INTRODUCED on the ____ day of ______________, 2024, AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on the ____ day of ______________, 2024, on the following vote: AYES: NOES: ABSENT: ___________________________ Mayor Erica A. Stewart ATTEST: _______________________ Teresa Purrington City Clerk APPROVED AS TO FORM: _______________________ J. Christine Dietrick City Attorney IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, on ______________________. ___________________________ Teresa Purrington City Clerk Page 328 of 403 SAN LUIS OBISPO City Code Title Equiv. Code Title Comments 6.04.010 Generally 9.01.003 Definitions Establishes that specific terms used throughout the code are interpreted according to the definitions provided. Some variation between codes based on differences in terminology used in each. 6.04.020 Aviary N/A Term not used. Aviary addressed as Commercial Animal Operation. 6.04.030 Cattery N/A 9.03.002 Limitations – dogs and cats Term not used. Cattery addressed as Commercial Animal Operation. City code 6.04.040 creates indirect limitation on the number of cats which can be kept at any one location in the city. Keeping of 6 or more cats constitutes a “cattery” which is subject to permitting. Revision establishes limitation of no more than 3 dogs and 3 cats at any one location. Provides for the issuance of a variance permit for individuals exceeding that number. 6.04.040 Dog kennel N/A 9.03.002 Limitations – dogs and cats Term not used. Dog kennel addressed as Commercial Animal Operation. City code 6.04.040 creates indirect limitation on the number of dogs which can be kept at any one location in the city. Keeping of 4 or more dogs constitutes a “dog kennel” which is subject to permitting. Revision establishes limitation of no more than 3 dogs and 3 cats at any one location. Provides for the issuance of a variance permit for individuals exceeding that number. 6.04.050 Pet shop N/A Term not used. Pet shops addressed as Commercial Animal Operation. 6.04.060 Stray dogs 9.03.005 Leash law Establishes leash law Page 329 of 403 SAN LUIS OBISPO 9.03.006 Duty of Division to seize and impound dogs running at large Establishes authority to impound dogs found running at large. 6.08.010 Established – Location 9.01.001 9.01.004 Division of Animal Services Established Establishment of a public pound Establishes Division of Animal Services Directs that a public pound will be established. 6.08.020 Poundmaster – Office created – Appointment – Duties – Compensation 9.01.005 Chief Animal Control Officer Establishes office of Chief Animal Control Officer as county employee under direction of Health Agency Director. Outlines duties and responsibilities of CACO. 6.08.030 Poundmaster and deputies – Powers 9.01.006 Animal Control Officers – Citation Authority Authorizes CACO and officers to issue citation for violation of county code. Authority of animal control officers enforce state laws established under state code. 6.08.040 Poundmaster and deputies – Badges required N/A No correlated code. 6.08.050 Poundmaster – Recordkeeping 9.01.005 Chief Animal Control Officer Assigns CACO responsibility for maintaining records related to impounded / sheltered animals. 6.080.60 Poundmaster – Reports N/A No correlated code. City code sets requirement for reporting to city. No correlated code included in revise. However, requirements to report to city are established in service contract. 6.12.010 Poundmaster enforcement authority N/A No correlated code. City code directs poundmaster to patrol the city to enforce the provisions of the code. No equivalent included in revision, but ACO authorities are established under Ca PC 830.9; County Title 9.01.005 directs CACO to enforce provisions of the code and other applicable law. Page 330 of 403 SAN LUIS OBISPO 6.12.020 Poundmaster – Seizure and impoundment of stray dogs 9.04.003 Authority to take up Establishes authority of Division to impound animals found running at large. 6.12.030 Dogs running at large 9.03.007 Dogs upon private property Allows owner or possessor of private property to take custody of stray dogs and turn them over to Animal Services. 6.12.040 Delivery of dogs to poundmaster by private persons. 9.04.001 Private individuals finding lost animals Requires finders of lost pets to file a report with Animal Services and surrender the animal to the shelter upon direction of the Division. 6.12.050 Impoundment – Notice 9.04.002 Notice of Impoundment and Holding Period Establishes requirement to notify owners of animal impounds and provide found animal info to the public. 6.12.060 Impoundment – Redemption 9.04.004 Redemption of Impounded Animals Establishes requirements and procedures for reclaim of impounded animals. 6.12.070 Redemption fees 9.04.008 Impound Fees 6.12.080 Sale, gift or destruction of dogs 9.04.009 9.04.010 Adoption of unredeemed animals Euthanasia of animals Establishes allowance to dispose of impounded animals through adoption. Allows for the euthanasia of unclaimed animals if not adopted. 6.12.090 Injured and diseased dogs 9.04.010 Euthanasia of animals Allows for impounded animals to be euthanized prior to the conclusion of their holding period in the event of serious illness or injury. 6.12.100 Impoundment – Care of dogs – fees 9.04.008 Impound Fees Requirement to provide care for impounded animals is established under state code. Authority to assess fees for care is established under 9.04.008 6.12.110 Vicious and dangerous dogs 9.02.008 Animals Designated as Potentially Dangerous or Vicious Provisions for declaring animal Potentially Dangerous or Vicious are established under state code. No similar provision included in revision. Page 331 of 403 SAN LUIS OBISPO Local provisions for this designation are problematic as they are set up under municipal codes and have no applicability outside that jurisdiction. So, a dog restricted as a Vicious dog under the SLO city code would not be subject to restriction if the dog was taken to Atascadero. Designation under the state code applies to the animal wherever it may be within California. 9.02.008 Establishes that the restrictions imposed on any dog designated under a municipal code will apply equally within SLO County. 6.12.120 Impoundment – Biting dogs 9.08.007 Isolation of biting and rabies exposed Animals Alows for the impound and quarantine of biting animals consistent with state H&S laws. 6.12.130 Stray or abandoned cats – Impoundment and disposition N/A No correlate included. Current practice, industry standard, and humane organization recommendations is not to impound healthy, normal cats. Impound of sick and injured cats still permitted. 6.12.140 Resisting or hindering poundmaster in duties unlawful 9.01.007 Interference with performance of duties Prohibits obstruction of animal control officers in the course of their duties. 6.16.010 License – Required 9.07.001 Dog license – required Establishes requirement for all dogs to be licensed. 6.16.020 Vaccination- Required 9.07.003 9.08.001 Dog license – vaccination required Rabies vaccination required – dogs Requires current rabies vaccination in order to be licensed. Requires all dogs over four months of age to be vaccinated against rabies. Page 332 of 403 SAN LUIS OBISPO 6.16.030 No licensing without vaccination – exception 9.08.003 Exemptions from rabies vaccination requirements Provides exemption to rabies vaccination requirement for specific situations 6.16.040 Vaccination – Performance – Tag and certificate issuance 9.08.004 Rabies vaccination – administration, certificates, and reporting Requires rabies vaccines to be administered by veterinarians. Establishes reporting requirement. 6.16.050 Recordkeeping 9.07.001(b) Dog license – required 9.07.001(b) directs that Division shall maintain all records related to the issuance of license tags. Does not enumerate specific data points to be recorded but provision would encompass those called out in the city code as they are collected as part of the license application. 6.16.060 Tags – Issuance Wearing required 9.07.006 Dog license tags Requires licensed dogs to wear a license tag. 6.16.070 Annual licensing required 9.07.004 Dog license term Process as established by city code is not administratively practical nor consistent with current practice. City code also onflicts with state code which provides for licensing of dogs in intervals of up to 3 years 6.16.080 License – Fees 9.07.008 License fees Current city code establishes license fee well below current assessments and would represent a significant revenue loss for the city if applied. SLOCC T9 revision places maintenance of fees under county process receiving annual attention and update. 6.16.090 Tags – Duplicates N/A No correlate. Duplicate tags generally issued as standard business practice. Current city code establishes replacement fee well below current assessment and below actual cost of service. Revenue loss for the city would occur if applied. Page 333 of 403 SAN LUIS OBISPO 6.16.110 License – Fee exemptions 9.07.009 License fee – waived Provides license fee waiver for service animals and law enforcement/military dogs. 6.16.120 Violations deemed misdemeanor N/A Violations of county codes are generally assessed as infractions unless specified otherwise in code. Some specific provisions of T9 revision are identified as misdemeanors (impersonation of an officer, tag counterfeiting, allowing an animal to bite, etc.) Misdemeanor prosecution for unlicensed dog is not consistent with general state wide standards. 6.16.130 Tags – Counterfeiting unlawful 9.07.010 Counterfeiting prohibited Prohibits the counterfeiting of license tags 6.20.010 Keeping noisy animals – Prohibited 9.02.005 Unnecessary noise Prohibits excessive animal noise. Establishes prima facie standard 6.20.020 Keeping noisy animals – Complaints – Abatement 9.02.006 Investigation and abatement of noise or nuisance Allows option to initiate a nuisance abatement process for unresolving noise issues 6.02.030 Disposition of dead animals – Owner’s responsibility 9.02.011 Owner’s responsibility to dispose of dead dogs, cats, and household pets Requires animal owners to dispose of animal remains. 6.020.040 Disposition of dead animals – By poundmaster upon request 9.02.012 Disposition of dead dogs, cats, and household pets upon request Requires Animal Services to provide animal disposal services for domestic pets. 6.20.050 Leash law 9.03.005 Leash law Establishes leash law 6.20.060 Animals showing rabies symptoms – Responsibility of person having custody 9.08.008 Suspicion of rabies 9.08.008 establishes requirement for notification of Animal Services in event of suspected rabies infection or signs. Grants authority to order euthanasia and testing of suspected animals. Authority to access public property for purposes of enforcement is established under state code. Page 334 of 403 SAN LUIS OBISPO 6.20.070 Menacing and aggressive animals – Animal owner and property owner responsibility 9.02.007 Menacing and aggressive animals City code designates violation as misdemeanor. Revision and all other city codes designate violation as infraction. 6.24.010 Permit – Required 9.06 Commercial Animal Operations Section 9.06 consists of multiple codes addressing the permitting, inspection, and regulation of commercial animal operations. 6.24.020 Permit – Revocation 9.06.006 9.06.007 Commercial Animal Operation Permit – Issuance, suspension, and revocation Commercial Animal Operation Permit – Appeal of denial, suspension, or revocation Establishes procedure for issuing, suspending, and revoking commercial permits 6.28.010 Definitions 9.01.003 Definitions Definitions vary between city and county codes based on terminology used in each. 6.28.020 Animals and poultry running at large – Prohibited – Exceptions 9.02.001 Animals at large Prohibits animals other than household pets from running at large. 6.28.030 Animals and poultry running at large – Impoundment – Redemption 9.04.004 Redemption of impounded Animals Establishes provision for owners to reclaim impounded animals. 6.28.040 Disposition of impounded animals and poultry 9.04.006 9.04.007 9.04.009 9.04.010 Holding period – Household pets Holding period – Livestock Adoption of unredeemed animals Euthanasia of animals Establishes provisions for holding periods and dispositions of impounded pet animals Establishes provisions for holding periods and disposition of impounded livestock. Establishes provision for adoption of animals not reclaimed by their owners. Establishes provisions for the euthanasia of impounded animals if not adopted. 6.28.050 Unsanitary conditions prohibited 9.02.004 Unsanitary conditions prohibited Prohibits the keeping of animals in unsanitary conditions. Page 335 of 403 SAN LUIS OBISPO 6.28.060 Keeping of animals – Limitations and regulations N/A City code establishes restrictions on keeping of poultry, rabbits, swine, hogs, pigs, and other such animals. No correlate established in revision. County restrictions on those animals are established in Title 22. If this code is deemed necessary it can be included as an addendum following the reference to Title 9. 6.28.070 Bees prohibited – Exception N/A No restriction on apiaries in revision. If this code is deemed necessary it can be included as an addendum following the reference to Title 9. 6.28.080 Breeding prohibited in city N/A Breeding is not prohibited in revision. Current city code is not practically enforceable. Revision provides for the permitting, regulation, and monitoring of hobby breeding and commercial breeding operations in section 9.05 Animal Breeding and Sales. Operationally this process provides better oversight and regulation of a practice which is likely to occur despite code prohibition. Page 336 of 403 SAN LUIS OBISPO None 9.01.001 Division of Animal Services established Establishes Animal Services as a County entity and division of the Health Agency. None 9.01.008 Violations of order Establishes violation of an order of the division as an infraction. None 9.01.009 Impersonation of Animal Control Officer – prohibited Prohibits individuals from representing themselves as ACOs or as having the authority of ACOs unless duly designated to that position. None 9.02.002 Unauthorized feeding or attraction of animals prohibited Prohibits the unauthorized feeding of animals by individuals on property other than their own. None 9.02.003 Animal wastes – duty to remove Establishes requirement for an animal owner to remove animal wastes deposited off the owner’s property None 9.02.008 Animals designated as Potentially Dangerous or Vicious Directs that any restrictions imposed on an animal designated as dangerous or vicious under the authority of a jurisdiction outside of SLO county are equally in effect within the county. None 9.02.009 Possession of unsafe and wild animals prohibited Prohibits the keeping of dangerous and wild animals including large and venomous snakes, wolf hybrid dogs and others. None 9.02.010 Injury to animals by motorists – duty to stop and assist Requires motorists striking domestic animals to stop and render aid or make official notification. None 9.03.001 Microchipping required Requires microchipping of adult dogs and cats None 9.03.003 Animal keeping limitation – variance to Provides for ability to issue variance permits for individuals seeking to own more than 3 dogs or 3 cats. Requires evaluation and monitoring to ensure variance does not result in nuisance or neighborhood disturbance. This is a standard process already in place throughout the county. Page 337 of 403 SAN LUIS OBISPO None 9.03.004 Cats at large Prohibits cat owners from allowing unaltered cats to roam at large. Allows finders of unaltered cats roaming at large to have the cat altered at their expense. None 9.04.005 Vaccination and medical treatment of impounded animals authorized Authorizes animal services to vaccinate and provide basic preventative health services to impounded animals. None 9.04.007 Holding period – livestock Establishes holding period for livestock. This is currently regulated under state code but process is no longer managed by the designated state agency. Local resolution is required. None 9.05.001 Animal breeding – permit required Establishes requirement for individuals to obtain a permit prior to breeding animals. None 9.05.002 Advertisement of animals for sale Requires publication of permit numbers in any advertisement for animal sales None 9.05.003 Hobby breeder permit – inspection required Establishes inspection requirement for the issuance of a hobby breeder permit. None 9.05.004 Hobby breeder permit – issuance and revocation Establishes process and requirements for issuance and revocation of hobby breeder permits. None 9.05.005 Hobby breeder permit – term, fee, and delinquency Establishes term and fees for issuance of hobby breeder permit. None 9.05.006 Report of animal sales Requires reporting of animal sales by hobby and commercial breeders to Animal Services. None 9.06.002 Commercial animal operation permit – operational standards Allows Animal Services to establish minimum standards for care and housing of animals in commercial animal operations. None 9.06.003 Commercial animal operation permit – inspection required Requires inspection requirement for the issuance of a commercial animal permit. None 9.06.005 Emergency Notification Requires commercial animal operations to post contact information for emergency notifications. Page 338 of 403 SAN LUIS OBISPO None 9.07.005 Rabies deposit fee required Establishes requirement for individual to submit a deposit fee if redeeming a sheltered animal without a current rabies vaccination None 9.07.007 Assistance animal tags Designates assistance animal tags issued by the Division to also serve as license tag for that animal. None 9.08.002 Rabies vaccination required – cats Establishes requirement for owners of cats allowed to roam outdoors to have those cats vaccinated against rabies. Page 339 of 403 Page 340 of 403 Title 6 Animals | San Luis Obispo Municipal Code Page 1 of 20 Title 6 ANIMALS 6.01.010 Adoption and incorporation of San Luis Obispo County Animal Control Code (Title 9). The provisions of San Luis Obispo County Animal Control Code, Title 9, as amended from time to time, are adopted by reference and incorporated in their entirety as equivalent provisions of the San Luis Obispo Municipal Code. To the extent any provision or provisions of the San Luis Obispo County Animal Control Code, Title 9, as adopted, conflict with any other provision or provisions of the San Luis Obispo City Municipal Code, the other provision or provisions of the San Luis Obispo Municipal Code shall take precedence. 6.01.020 Enforcement of Animal Control provisions within City. The provisions of this Title are enforceable within the jurisdictional boundaries of the City of San Luis Obispo by the County of San Luis Obispo Animal Control Officer, or designee, pursuant to and in accordance with the terms of a contract for animal care and control services entered into between the City and the County, and by City Code Enforcement and the City Police Department. 6.04.010 Generally. The words and phrases defined herein shall have the meanings set forth in this chapter. (Prior code § 4003) Page 341 of 403 Title 6 Animals | San Luis Obispo Municipal Code Page 2 of 20 6.04.020 Aviary. “Aviary” means any lot, building, pen, structure, enclosure or premises where a total of six or more birds are kept. (Prior code § 4003.4) 6.04.030 Cattery. “Cattery” means any lot, building, structure, enclosures or premises where six or more cats are kept. (Prior code § 4003.3) 6.04.040 Dog kennel. “Dog kennel” means any lot, building, structure, enclosure or premises whereon or wherein four or more dogs, four months of age or older, are kept or maintained for any purpose whatsoever, provided, however, that if other animals or birds or fowl are bought, sold or bartered, the classification to apply shall be that of a pet shop; and provided further, that this definition of dog kennel shall not be construed as applying to a duly licensed veterinary hospital nor to the San Luis Obispo County Humane Society. (Prior code § 4003.1) 6.04.050 Pet shop. “Pet shop” means any lot, building, structure, enclosure or premises whereon or wherein is carried on a business of buying and selling or bartering birds, animals or fowl; but this definition shall not be construed as applying to the buying or selling of livestock, nor to the business or activities of a duly licensed veterinary hospital, nor to the business or activities of the San Luis Obispo County Humane Society. (Prior code § 4003.2) 6.04.060 Stray dogs. It is unlawful for any person owning, having interest in, harboring or having charge, care, control, custody or possession of any dog, licensed or unlicensed, to allow, cause or permit such dog to be in or on any public road, highway, street, alley, square, park, school ground or other public place, or in or upon any lot, premises, or property of another. Any dog found running at large in violation of the provisions of any law of the state or of the city shall be deemed a “stray dog,” and for all purposes shall be immediately seized and impounded. (Prior code § 4110) Page 342 of 403 Title 6 Animals | San Luis Obispo Municipal Code Page 3 of 20 6.08.010 Established—Location. A public pound is hereby provided and the same, and any branches thereof, shall be located and established at such place in the city as shall be fixed from time to time by the council. Such public pound, or any authorized branches thereof, shall provide suitable buildings and enclosures to adequately keep and safely hold all such dogs, animals, poultry or household pets subject to be impounded by the provisions of the ordinance codified herein. (Prior code § 4000) 6.08.020 Poundmaster—Office created—Appointment—Duties—Compensation. The office of city poundmaster is created. He or she shall be appointed by and serve at the pleasure of the council. It shall be the duty of the poundmaster and his or her duly authorized deputies and employees to carry out the provisions of this chapter and all applicable statutes of the state and shall thereupon have charge of the public pound hereby provided and established. The poundmaster shall serve for such period of time and shall receive such compensation as shall be established by the city council. (Prior code § 4000.1) 6.08.030 Poundmaster and deputies—Powers. The poundmaster and any duly authorized deputies appointed by him or her shall, as provided in the state of California Civil Code, Section 607F, have the power of arrest in connection with the enforcement of any of the provisions of this chapter, and shall have the authority to issue citations as provided in Sections 1.16.010 through 1.16.060. (Prior code § 4000.2) 6.08.040 Poundmaster and deputies—Badges required. The poundmaster and his or her duly authorized and appointed deputies while engaged in the execution of their duties, shall each wear in plain view a badge having, in the case of the poundmaster the word “poundmaster” and, in the case of the deputy poundmaster, the words “deputy poundmaster” engraved thereon. Any person who has not been appointed as provided in Sections 6.08.020 and 6.08.030, or whose appointment has been revoked and he or she has been notified thereof, who shall represent himself to be or shall attempt to act as the poundmaster or as a deputy poundmaster shall be guilty of a misdemeanor. (Prior code § 4000.3) Page 343 of 403 Title 6 Animals | San Luis Obispo Municipal Code Page 4 of 20 6.08.050 Poundmaster—Recordkeeping. The poundmaster shall keep a record of the number, description and disposition of all dogs, animals, poultry and household pets impounded, showing in detail in the case of each, the date of receipt, the date and manner of disposal, the name of the person reclaiming, redeeming or receiving such dogs, animals, poultry and household pets, the reason for destruction and such additional records as the city council may from time to time feel necessary. (Prior code § 4000.4) 6.08.060 Poundmaster—Reports. The poundmaster shall make a monthly report to the city council, or as often as may be required by the city, of the actions, transactions and operations of the public pound. (Prior code § 4000.5) 6.12.010 Poundmaster enforcement authority. It shall be the duty of the poundmaster to patrol the incorporated area of the city from time to time and without notice to the public for the purpose of enforcing the provisions of the ordinance codified in this chapter. (Prior code § 4111.1) 6.12.020 Poundmaster—Seizure and impoundment of stray dogs. It shall be the duty of the poundmaster to seize and impound, subject to the provisions of this chapter, all stray or unlicensed dogs found within the city, and for that purpose the poundmaster may go upon private property, with or without consent of the owner of such property, to enforce this chapter, or to collect and impound dogs. (Prior code § 4111.2) 6.12.030 Dogs running at large. Any dog found trespassing on any private property in the city may be taken up by any person at interest and delivered to the poundmaster or detained on the property until picked up by the poundmaster. (Prior code § 4111.3) Page 344 of 403 Title 6 Animals | San Luis Obispo Municipal Code Page 5 of 20 6.12.040 Delivery of dogs to poundmaster by private persons. Every person taking up any dog under the provisions of this chapter and every person finding any lost, strayed or stolen dog shall, within twenty-four hours thereafter, give notice thereof to the poundmaster and every such person in whose custody such dog may, in the meantime be placed, shall surrender such animal to the poundmaster without fee or charge and the poundmaster shall thereupon hold and dispose of such dog in the same manner as though such dog had been found running at large and impounded by him or her. (Prior code § 4111.4) 6.12.050 Impoundment—Notice. Within twenty-four hours after impounding any dog properly registered under the provisions of the ordinance codified herein, the poundmaster shall notify the registered owner of the dog by telephone, mail or orally that such dog is impounded and that it can be redeemed within three days from the date of such impounding and unless redeemed the dog will be disposed of in any manner as provided by this chapter. (Prior code § 4112.0) 6.12.060 Impoundment—Redemption. The poundmaster shall securely keep any dog impounded for a period of three days unless the same is sooner reclaimed or redeemed by the owner or person having control thereof. The owner or person entitled to the custody of the dog so impounded may, at any time before the sale or other disposition thereof, during the office hours of the pound, reclaim or redeem the same by exhibiting to the poundmaster the license certificate or license tag showing that the license for such dog for the then current year has been paid and by paying the poundmaster any charges provided for in accordance with the adopted schedule which has been approved by the city council. (Prior code § 4112.1) 6.12.070 Redemption fees. The owner or person entitled to the custody of a dog impounded shall pay the following fees to the poundmaster before such dog is released: A. Registration or license fee for the current year unless fee has been previously paid and adequate evidence of paid fee is exhibited; B. Impound fee of fifteen dollars for the first occasion of any dog impounded within a calendar year; C. Impound fee of fifty dollars for the second occasion the same dog is impounded within a calendar year; Page 345 of 403 Title 6 Animals | San Luis Obispo Municipal Code Page 6 of 20 D. Impound fee of one hundred dollars for each subsequent occasion the same dog is impounded within a calendar year. (Ord. 945 § 1, 1983: prior code § 4112.2) 6.12.080 Sale, gift or destruction of dogs. At any time after the expiration of the period of three days, the poundmaster may, without further notice, and without advertising in any manner, sell, give away or dispose of in a humane way any dog not reclaimed or redeemed as aforesaid. Provided, however, the poundmaster may not sell, give away or transfer title to any dog or any other animal to any institution engaged in the diagnosis or treatment of human or animal disease, or in research for the advancement of veterinary, dental, medical, or biological sciences, or in the testing or diagnosis, improvement or standardization of laboratory specimens, biologic products, pharmaceuticals or drugs. (Prior code § 4112.3) 6.12.090 Injured and diseased dogs. Every dog taken into custody by the poundmaster which by reason of injury, disease or other good cause as determined by a licensed veterinarian as dangerous or inhumane to keep impounded, shall be forthwith destroyed by the poundmaster in a humane manner unless the owner or person entitled to the custody of the dog can be notified by the poundmaster within a reasonable time to arrange and provide for medical care. The poundmaster shall release such dog to its owner or person having control thereof upon payment of the redemption fees and other charges as provided in this chapter. However, if the licensed veterinarian determines that such dog is diseased and by reason of such disease is dangerous to persons or to other animals, or to the general health and welfare of the city, the poundmaster shall destroy the dog. (Prior code § 4112.4) 6.12.100 Impoundment—Care of dogs—Fees. The poundmaster shall provide all dogs in his or her custody with proper food and water, and shall give them all necessary care and attention. The poundmaster may establish fees which shall be approved by the council to reflect the costs incurred for the care of such dogs and may charge these fees at the time an impounded dog is redeemed by its owner or person having custody or may charge these fees at such time an unclaimed dog is sold. (Prior code § 4112.5) Page 346 of 403 Title 6 Animals | San Luis Obispo Municipal Code Page 7 of 20 6.12.110 Vicious and dangerous dogs. If any dog within the city is determined by the county health officer to be vicious or dangerous to the safety of any person or persons, or if any such dog is known to have bitten any person or persons on at least three separate occasions as evidenced by affidavits furnished to the county health officer, the health officer shall notify the owner or person having control of such dog to keep the dog in such manner as the health officer shall direct. If it is determined by the county health officer that such dog cannot be properly controlled by the owner or person having custody and no further arrangements can be made to ensure public safety, then the county health officer shall direct the city poundmaster to destroy such dog. (Prior code § 4113.0) 6.12.120 Impoundment—Biting dogs. Upon written notice by the county health officer, the owner or person having the control of any dog which has, within the preceding ten days, bitten any person or animal shall, upon demand, and in the discretion of the county health officer, follow one of the following procedures, he or she shall either A. Confine such dog to his or her own premises; or B. Surrender such dog to the poundmaster who shall impound and keep such dog at the public pound in a separate kennel for a period of not less than ten days; or C. Surrender such dog to a licensed veterinarian as designated by the county health officer; or D. Surrender the dog to the poundmaster for quarantine at any other location or facility designated and approved by the county health officer. If the dog is quarantined on the premises of the owner, the poundmaster may post a quarantine sign on such premises, and it shall be unlawful for any person to remove the sign during the term of such quarantine without the consent of the county health officer. Any quarantine provided in this section shall be for a term of not less than ten days unless otherwise specified by the county health officer. During the period it shall be the duty of the county health officer, upon being notified by the poundmaster that such dog has been impounded, to determine whether or not such dog is suffering from any disease. If a duly licensed veterinarian designated by the county health officer shall determine that such dog is diseased and by reason of such disease is dangerous to persons or to other animals, he or she shall so notify the poundmaster in writing, to destroy such dog. A copy of the notice may also be served upon the owner or person having control of such dog. If the veterinarian determines that such dog is not so diseased, and if the license required for such dog shall have been duly paid for the then current year, the poundmaster shall notify by mail the person to whom the license for such dog was issued and at the address from which the dog was surrendered to the poundmaster and shall, upon demand, release such dog to the owner or person lawfully entitled thereto, upon payment of any charges provided therefor, in accordance with the schedule approved by the city council, including expenses of quarantine and veterinary care; provided, however, that if no person lawfully entitled to such dog shall within three days after the date of giving the last mentioned notice, appear at the public pound Page 347 of 403 Title 6 Animals | San Luis Obispo Municipal Code Page 8 of 20 and request the release of such dog, and pay the charges, such dog may be sold or destroyed by the poundmaster in the same manner as hereinbefore provided. (Prior code § 4113.1) 6.12.130 Stray or abandoned cats—Impoundment and disposition. It shall be the duty of the poundmaster to receive and impound all cats desired to be abandoned by their owners, or receive and impound all stray cats believed to have been abandoned by their owners. The poundmaster shall provide proper care and attention, food and water, for all cats received and impounded and shall keep such cats for a period of three days unless the same are sooner reclaimed or redeemed by the owner or person having control thereof. Such redemption may be made by paying the poundmaster any charges imposed thereon as per adopted schedule approved by the city council. At any time after the expiration of the period of three days, the poundmaster may, without notice and without advertising in any manner, sell, give away, or dispose of such cats. Provided, however, the poundmaster may not sell, give away or transfer title to any cats for any purposes as set forth in Section 6.12.080. (Prior code § 4119.0) 6.12.140 Resisting or hindering poundmaster in duties unlawful. It is unlawful for any person to resist, hinder, molest or obstruct the poundmaster or any of his or her deputies or employees in the exercise of their duties as poundmaster. (Prior code § 4005) 6.16.010 License—Required. Except as provided in Section 6.16.100, it is unlawful to own, keep or control any dog unless and except if a license has been procured therefor as provided in this chapter. (Prior code § 4115.0) 6.16.020 Vaccination—Required. It is unlawful for any person owning, harboring or having the care, custody or possession of any dog to keep or maintain such dog in any place in the corporate limits, unless such dog has been vaccinated as provided in this chapter. This section shall have no application to dogs under the age of four months, who are fastened securely by a rope, chain or leash, or confined within the private property of the owner or person having control of the dog. (Prior code § 4115.1) Page 348 of 403 Title 6 Animals | San Luis Obispo Municipal Code Page 9 of 20 6.16.030 No licensing without vaccination—Exception. The county department of animal regulation shall not license any dog until it has been vaccinated with canine rabies vaccine by injection or other method approved by the health officer during the time prescribed by state law, or the rules and regulations of the State Department of Public Health, unless the owner or person in possession of the same submits a certificate from a licensed veterinarian issued within the preceding sixty days, stating that, in his or her opinion, the rabies vaccination would be likely to seriously injure the dog. Any dog so excepted from rabies vaccination shall be restricted to the enclosed yard of the owner or person in possession of the same except when held upon a rope, chain or leash. Any violation thereof by the owner or person in possession of such dog is unlawful. (Prior code § 4115.2) 6.16.040 Vaccination—Performance—Tag and certificate issuance. A. The vaccination shall be performed by a duly qualified and licensed veterinarian. The veterinarian vaccinating the dog shall issue to the owner or person in possession of the dog a rabies vaccination tag and a certificate of vaccination, which certificate shall include: 1. The type of vaccine used; 2. The date of vaccination; 3. Description of dog, including age, breed and color; 4. Serial number of rabies vaccination tag issued to dog; 5. Name and address of owner of dog; 6. Statement that the dog is male, neutered male, female or spayed female. B. A copy of this certificate shall be sent to the county department of animal regulation. (Prior code § 4115.3) 6.16.050 Recordkeeping. The county department of animal regulation shall maintain a record in which it shall, upon the application of any person owning or having the custody of any dog in the city, and the payment to it of the license fee prescribed in this chapter, register the dog by entering in the record its name (if any), its sex and general description, whether it has been spayed or neutered, the name of its owner or custodian, the number of the tag issued therefor the date of expiration of the rabies vaccine, the date of issuance and the amount received for the license fee. (Prior code § 4115.4) Page 349 of 403 Title 6 Animals | San Luis Obispo Municipal Code Page 10 of 20 6.16.060 Tags—Issuance Wearing required. Upon exhibition of the proper evidence of vaccination and payment of the license fee, there shall be delivered to the person making such payment a metal tag with the number and year stamped or cut thereon, and the words “DOG TAG-County of San Luis Obispo,” stamped thereon, which dog tag shall be securely fastened to a collar or harness which must be worn at all times by the dog for which the tag was issued. If the dog is exempted from vaccination, the dog tag shall have a distinguishing mark as evidence of such fact. This tag, while attached to a dog’s collar or harness, shall be prima facie evidence that the dog for which the tag was issued has been licensed during the calendar year for which the tag was issued, and has been vaccinated. (Prior code § 4115.5) 6.16.070 Annual licensing required. On January 1st of each year, all prior licensing made under the provisions of this chapter shall be cancelled and all tags theretofore issued shall become null and void and of no effect and all dogs kept or permitted to remain in the city must be again licensed. The new license fee shall become due and payable on January 1st of each year. (Prior code § 4115.6) 6.16.080 License—Fees. The following fees shall be charged: A. For licensing each altered dog, male or female, the county department of animal regulation shall collect and receive a fee of five dollars, and for licensing each unaltered dog, male or female, it shall collect and receive a fee of ten dollars, unless the owner or custodian of the dog chooses to place a deposit for the spaying or neutering of the dog, with the county department of animal regulation. This deposit shall be forfeited to the county department of animal regulation if the operation is not performed by the expiration date of the license issued. B. The license fee shall be paid by March 8th of each year. After this date a late penalty shall take effect and the late license fee shall be twice the prepenalty fee. C. Puppies must be licensed upon reaching the age of four months. A spay-neuter deposit may be placed with the county department of animal regulation, at which time the lesser fee of five dollars shall be charged. D. Any dog brought within the city after March 15th of each year shall be registered within thirty days or these penalties shall accrue from date of entry into the city: provided, that any dog which has a valid license from any other county or city within the state shall be so registered upon a fee of one-half the established fee. (Prior code § 4115.7) Page 350 of 403 Title 6 Animals | San Luis Obispo Municipal Code Page 11 of 20 6.16.090 Tags—Duplicates. If the tag issued for any duly registered dog is lost or accidentally destroyed during the year it is issued, the owner or custodian of such dog, upon making proof to the satisfaction of the county department of animal regulation of its loss or destruction, shall, upon payment of a fee of two dollars receive for such dog another tag; whereupon the county department of animal regulation shall enter the number of the tag so issued on the register and cancel the tag previously issued for such dog. (Prior code § 4115.8) 6.16.100 License—Exceptions. The provisions of this chapter requiring the licensing of dogs shall not apply to: A. Dogs under the age of four months if fastened securely by a rope, chain or leash or confined within the private property of the owner or person having control of the dog; B. Dogs owned by or in custody or under the control of persons who are nonresidents of the city travelling through the city or temporarily sojourning therein for a period not exceeding thirty days; C. Dogs duly licensed with the current license of an incorporated city within the county or the county; D. Dogs brought into the city exclusively for the purpose of entering the same in any dog show or exhibition, and which are actually entered in and kept at such show or exhibition; E. Dogs under the treatment in the custody or control of animal hospitals; F. Dogs on sale in duly licensed pet shops, nor dogs owned, kept or controlled by any person, firm or corporation having a permit to keep and maintain a dog kennel; provided, that such dogs are kept enclosed within such pet shop or dog kennel; G. Dogs under the ownership, custody and control of the owner of a dog kennel duly licensed under the provisions of the ordinance codified herein, or his or her duly authorized employee or agent when such dogs are removed from such kennel in the bona fide operation thereof for the purpose of exercise or training; provided, that any such dog bear an identification tag attached to its collar, which tag shall set forth the name of the licensed kennel. A dog bearing such identification tag shall be treated in all respects as any other dog in the event of its escape and subsequent impoundment. (Prior code § 4116.0) 6.16.110 License—Fee exemptions. A. All seeing-eye dogs and all dogs which have served with the Armed Forces of the United States of America during any period of actual hostilities must be licensed and vaccinated under the provisions of this Page 351 of 403 Title 6 Animals | San Luis Obispo Municipal Code Page 12 of 20 chapter, but their owners shall be exempt from the license fee imposed by this chapter providing adequate evidence can be furnished at such time the license is issued. B. Dogs used by any governmental agency for the purpose of law enforcement must be licensed and vaccinated under the provisions of this chapter, but their owners shall be exempt from the license fee imposed by this chapter providing adequate evidence can be furnished at such time the license is issued. C. All dogs being raised and trained specifically for the purpose to perform as a seeing-eye dog must be licensed and vaccinated under the provisions of this chapter, but their owners shall be exempt from the license fee imposed by this chapter providing adequate evidence can be furnished at such time the license is issued. (Prior code § 4116.1) 6.16.120 Violations deemed misdemeanor. Any person owning or having the care, custody or control of any dog in the city, who wilfully refuses, fails or neglects to furnish to the county department of animal regulation, the health officer, or any of their duly qualified and authorized deputies or employees, the information necessary to properly license the dog; or who shall resist, hinder or prevent the county department of animal regulation, health officer, or any of their duly authorized deputies or employees in the exercise of their duties or who fails, neglects or refuses to pay the license fee at the time and in the manner herein provided, or who violates any of the provisions of this chapter declared to be unlawful, shall be guilty of a misdemeanor. (Prior code § 4117.0) 6.16.130 Tags—Counterfeiting unlawful. No person shall imitate or counterfeit such registration tags or rabies vaccination tags. It is unlawful for any person to remove any tag from any dog not owned by him or her or not lawfully in his or her possession or under his or her control or to place on any dog any such license tag not issued as provided for in this chapter for that particular dog for the then current year or to make or to have in his or her possession or to place on a dog any counterfeit or imitation of any license tag or vaccination tag provided for. (Prior code § 4118.0) 6.20.010 Keeping noisy animals—Prohibited. No person shall keep, maintain or permit on any lot or parcel of land any dogs, animals, poultry or household pets, which by any sound or cry shall disturb the peace and comfort of any neighborhood, or interfere with any person in the reasonable and comfortable enjoyment of life or property. (Prior code § 4001) Page 352 of 403 Title 6 Animals | San Luis Obispo Municipal Code Page 13 of 20 6.20.020 Keeping of noisy animals—Complaints—Abatement. Whenever it shall be affirmed in writing by three or more persons having separate residences or regularly employed in the neighborhood that any dog, animal, poultry or household pet is a habitual nuisance by reason of howling, barking or other noise, or is in any other manner causing undue annoyance, the poundmaster, if he or she finds such nuisance to exist, shall serve notice upon the owner or custodian that such nuisance shall be abated or the animal shall be impounded. If such nuisance and annoyance cannot be successfully abated and the poundmaster determines it necessary to impound such dog, animal, poultry or household pet, he or she shall not permit the reclaiming or redemption of such to the owner or custodian unless adequate arrangements have been made by the owner or custodian to ensure abatement of the annoyance or nuisance. (Prior code § 4001.1) 6.20.030 Disposition of dead animals—Owner’s responsibility. It is unlawful for any owner or person who, having had the possession or control of any animal, dog, poultry and household pet while alive to place the body of such animal, dog, poultry and household pet, after its death, or cause to permit it to be placed or to knowingly allow or permit the same to remain, in or upon any public road, highway, street, alley, square, park, school ground or other public place, or in or upon any lot, premises or property of another. (Prior code § 4002.2) 6.20.040 Disposition of dead animals—By poundmaster upon request. It shall be the duty of the poundmaster upon the request of any owner of any dead animal, dog, poultry or household pet which was kept or maintained in the city immediately prior to its death, or upon the request of any person or persons discovering a dead animal, dog, poultry or household pet upon his or her premises or upon any public road, highway, street, alley, square, park, school ground or other public place, or in or upon any lot or premises, to bury or dispose of the same in such manner as maybe prescribed by the health officer. The poundmaster may charge and collect such fees as have been approved by the city council for the transportation and disposal of such animal, dog, poultry or household pet from the owner or person having had the possession or control of such if same can be ascertained. (Prior code § 4002.1) 6.20.050 Leash law. A. It is unlawful for any person to suffer or permit any dog owned, harbored or controlled by him or her to be on any public street, alley, lane, park or place of whatever nature open to and used by the public in the incorporated area of the city unless such dog is securely leashed and the leash is held continuously in the hand Page 353 of 403 Title 6 Animals | San Luis Obispo Municipal Code Page 14 of 20 of a responsible person capable of controlling such dog, or unless the dog is securely confined in a vehicle, or unless the dog is at “heel” beside a competent person and obedient to that person’s command. B. Dogs used on farms and ranches for the primary purpose of herding livestock are not required to be leashed or at “heel” beside their owner or person controlling the use of the dogs while on a public street, alley, lane or place of whatever nature open to and used by the public in the incorporated area of the city while herding such livestock and as long as the dogs are obedient to the commands of the person controlling their use for this purpose. C. Notwithstanding any other provision of this code, no person shall allow any dog, whether on a leash or not, to be on any public street, alley, lane, sidewalk or other place open to and used by the public and for which an encroachment, sidewalk or street closure, or similar permit has been issued and the person(s) holding said permit have given reasonable notice that the presence of any dogs would interfere with the purposes for which the permit was issued. This prohibition shall not apply to guide or seeing-eye dogs. (Ord. 1121 § 1, 1988; prior code § 4111.0) 6.20.060 Animals showing rabies symptoms—Responsibility of person having custody. A. Whenever the owner or person having the custody or possession of an animal shall observe or learn that such animal shows symptoms of rabies, or acts in a manner which would lead to a reasonable suspicion that it may have rabies, such owner or person having the custody or possession of such animal shall immediately notify the county health officer. The county health officer shall make or cause an inspection or examination of such animal to be made by a licensed veterinarian until the existence of or nonexistence of rabies in such animal is established by such veterinarian. Such animal shall be kept isolated in a pound, veterinary hospital, or other adequate facility in a manner approved by the county health officer and shall not be killed or released for at least ten days after the onset of symptoms suggestive of rabies, after which time such animal may be released by the county health officer. B. The county health officer or his or her duly authorized representative is authorized and empowered to enter upon private property where any dog or other animal is kept, or believed by him or her to be kept, for the purpose of ascertaining whether such dog or other animal is afflicted or infected with rabies or other contagious disease. (Prior code § 4114.0) Page 354 of 403 Title 6 Animals | San Luis Obispo Municipal Code Page 15 of 20 6.20.070 Menacing and aggressive animals—Animal owner and property owner responsibility. A. It is unlawful for any person to keep, harbor, or maintain any aggressive or menacing animal which threatens, harasses, or intimidates a person who is peaceably and lawfully upon public or private property, unless it is contained in an enclosure of a construction adequate to keep it securely confined and prevent its escape. B. It is unlawful for any person to permit any animal owned, harbored, or controlled by him or her to attack and cause severe bodily injury or death to another domestic or captive animal while off the property of its owner or keeper. C. Upon notification of a violation of subsection A of this section, the animal owner(s) must immediately confine the animal to an enclosure or location which mitigates the aggressive and menacing behavior. D. For the purposes of this section, the following definitions apply: 1. “Aggressive animal” means any animal whose observable behavior causes a person observing that behavior reasonably to believe that the animal may attack a person or another animal without provocation. 2. “Menacing animal” means any animal which, through its behavior, causes a person observing or subject to that behavior to be in reasonable fear for his or her safety, or the safety of animals kept by him or her. Police or military service canines being utilized in an official capacity are excluded from this definition. 3. “Severe bodily injury” means any physical injury which results in deep lacerations with separation of subcutaneous tissues, muscle tears or lacerations, fractures or joint dislocations, or permanent impairment of locomotion or special senses. E. Penalties for violation: 1. Three hundred fifty dollars for the first violation. 2. Seven hundred dollars for the second violation of subsection A or B of this section within one year. 3. One thousand dollars for each additional violation of subsection A or B of this section within one year. 4. For the purposes of this section, a first violation of subsection A of this section will be deemed to have occurred if the menacing or aggressive animal is not confined as required by subsection C of this section within twenty-four hours of notification; a separate violation of subsection A of this section shall be deemed to exist for each twenty-four-hour period following notification in which an animal’s menacing or aggressive behavior continues unmitigated. Page 355 of 403 Title 6 Animals | San Luis Obispo Municipal Code Page 16 of 20 5. Where criminal enforcement of this section is pursued, any violation of this section shall be deemed a misdemeanor, notwithstanding Section 1.12.060. F. Liability of Property Owners. Owners of properties upon which a tenant keeps, harbors, or maintains any aggressive or menacing animal may, along with the animal owner(s), be jointly and severally liable for penalties related to violations of subsection A of this section, provided that they have received at least fourteen days’ prior written notice of the existence of such violation and the violation has not been abated. No penalty shall be imposed upon the property owner if the property owner can demonstrate, within fourteen days following notification that a violation has occurred, that the property owner has initiated action to abate the illegal activity on the property. (Ord. 1581 § 1, 2012) 6.24.010 Permit—Required. A. It is unlawful for any person, firm, corporation or association to erect, establish or maintain any dog kennel, pet shop, cattery or aviary as defined in Chapter 6.04 without first obtaining a permit from the license collector. B. The granting of such permit shall be in the discretion of the hearth officer who shell take into consideration the type of construction to be employed as it relates to sanitation and manner in which the animals, birds, or fowl are to be housed, as well as the character of the person, firm, corporation or association making application and such zoning regulations as may now be in effect or adopted from time to time. Upon approval of the health officer, the license collector, upon the payment of the annual established license fee for the privilege of maintaining such dog kennels, pet shops, catteries or aviaries shall issue to the applicant a license in such form as he or she may prescribe. Such annual license shall be for the calendar year or any part thereof during which the dog kennel, pet shop, cattery or aviary shall be maintained, and shall be due and payable in advance on the first day of July of each year, and shall expire on the thirtieth day of June of such year, provided the above mentioned permit has not been revoked. Every person, firm or corporation maintaining a dog kennel, pet shop, cattery or aviary shall post a notice in a conspicuous place where it may be seen outside the locked premises, a notice listing names, addresses and telephone numbers of persons who may be contacted in the event of an emergency. (Prior code § 4004.0) 6.24.020 Permit—Revocation. The permit for the maintenance and operation of a dog kennel, pet shop, cattery or aviary may be revoked at any time for cause when, in the opinion of the health officer, such dog kennel, pet shop, cattery or aviary is not being properly maintained or operated. (Prior code § 4004.1) Page 356 of 403 Title 6 Animals | San Luis Obispo Municipal Code Page 17 of 20 6.28.010 Definitions. For the purpose of this chapter, the following words shall have the following meanings: A. “Domestic or domesticated aAnimals” means and includes horses, ponies, mules, jacks, jennies, cows, bulls, calves, heifers, sheep, goats, swine, rabbits and all other domestic orany animal domesticated to live in close association with or for the benefit of humans in a tame conditionanimals other than household pets. B. “Household pets” means and includes any animal normally kept for purposes of companionship or amusement, including, but not limited to, cats, dogs, canaries, parrots, fish, rodents, rabbits, turtles, lizards and snakes. and other kindred animals and birds usually and ordinarily kept as household pets. C. “Livestock” means and includes horses, ponies, mules, jacks, jennies, cows, bulls, calves, heifers, sheep, goats, swine, and rabbits. DC. “Poultry” means and includes pigeons, ducks, geese, turkeys, chickens and all other domestic or domesticated fowl other than household pets. (Prior code § 4120) 6.28.020 Animals and poultry running at large—Prohibited—Exceptions. No person shall allow or permit animals or poultry, other then household pets, to run at large upon any public street or place, or to trespass upon the property of another. This provision shall not be construed as permitting the running at large of any household pets who are restricted by the provisions of any other ordinances of this city or by any law applicable thereto. (Prior code § 4120.1) 6.28.030 Animals and poultry running at large—Impoundment—Redemption. All animals and poultry if found running at large upon any public road, highway, street, alley, square, park, school ground or other public place, or in or upon any lot, premises or property of another shall be impounded by the poundmaster and provided with proper care and attention, food and water. The poundmaster shall keep all animals and poultry for a period of three days unless the same is sooner reclaimed or redeemed by the owner or person having control thereof. Such redemption by the owner or person having control thereof, shall be made by signing an affidavit, under penalty of perjury, declaring ownership or by exhibiting proof of ownership to the satisfaction of the poundmaster and by paying to the poundmaster any charges imposed thereon in accordance with a schedule to be approved by the council. Upon such redemption being made, the poundmaster shall release such animals and poultry; provided, however, that in all cases any charges provided for keeping such animals and poultry must be paid. (Prior code § 4120.3) Page 357 of 403 Title 6 Animals | San Luis Obispo Municipal Code Page 18 of 20 6.28.040 Disposition of impounded animals and poultry. At any time after the expiration of the period of three days, the poundmaster may, without further notice, and without advertising in any manner, sell, give away, or dispose of in a humane manner, any animals or poultry not reclaimed or redeemed as set out in Section 6.28.030. Provided, however, the poundmaster may not sell, give away, or transfer title to any animals or poultry for any of the purposes as set forth in Section 6.12.080. (Prior code § 4120.4) 6.28.050 Unsanitary conditions prohibited. No person shall keep upon any premises, any animals, poultry or household pets in a foul, offensive, obnoxious, filthy or unsanitary condition. (Prior code § 4120.2) 6.28.060 Keeping of animals—Limitations and regulations. A. Poultry and Rabbits. 1. No person shall keep upon any premises in the city any poultry or rabbits: a. Within fifty feet of any dwelling; or b. If more than five in all of any such rabbits or poultry are kept, within seventy-five feet of any dwelling. 2. No person shall keep upon any premises in the city more than twenty-five such rabbits or poultry, except by special permit of the council first had and obtained, or keep any rooster of crowing age within one hundred feet of any dwelling. This provision limiting the maximum number of rabbits or poultry shall not be retroactive or effective as to rabbit or poultry ranches or processing plants actually in operation on the effective date of the ordinance codified herein. 3. The owners or persons in charge of such rabbits or poultry kept in the city shall provide suitable houses or cotes with board or cement floors in each and every house and cote, and the houses, cotes or pens shall at all times be kept clean. B. Swine, Hogs and Pigs. No person shall keep upon any premises in the city any swine, hog or pig, whatsoever. C. Cats. No person shall keep upon any premises in the city more than five (5) cats. CD. Other Animals. Page 358 of 403 Title 6 Animals | San Luis Obispo Municipal Code Page 19 of 20 1. No person shall keep upon any premises in the city any other animals as defined in Section 6.28.010: a. On any lot containing less than twenty thousand square feet; or b. In any corral, barn or other enclosure which would permit the animals within seventy-five feet of any dwelling; c. If staked within one hundred feet of any dwelling. 2. No person shall tie, stake or pasture, or permit the tying, staking or pasturing, of any animal upon any private property in the city without consent of the owner or occupant of such property in such a way as to permit any such animal to trespass upon any street or public place or upon any such private property. No person shall permit any such animal to be or remain during the nighttime secured by a stake or secured in any manner other than by enclosing such animal in a pen, corral or barn sufficient and adequate to restrain such animal. All such animals shall be provided with adequate food, water and shelter or protection from the weather. 3. All fences or enclosures used for the purposes set forth in this subsection must be of such material and maintained in such manner as humane for the safety and protection of such animals. The provisions of this section shall not be deemed to apply to any public educational institution. (Prior code § 4120.5) 6.28.070 Bees prohibited—Exception. No person, firm or corporation shall keep bees within the corporate limits; provided, that nothing herein contained shall be deemed to apply to keeping of bees for the purpose of study and observation in a hive or box, which is situated and kept within a school building, or for agricultural purposes located within a Conservation/Open Space or Agriculture zoning district. (Ord. 1705 § 4, 2021; prior code § 4120.6) 6.28.080 Breeding prohibited in city. No owner of, and no every person in possession or in charge of, any livestock, poultry, or any domestic or domesticated animals other than household pets, shall breed or permit the breeding of such livestock, poultry, or domestic or domesticated animal within the city. (Prior code § 4120.7).) Page 359 of 403 Title 6 Animals | San Luis Obispo Municipal Code Page 20 of 20 Page 360 of 403 San Luis Obispo County, California, County Code Title 9 ANIMALS San Luis Obispo County, California, County Code Created: 2024-06-24 08:11:35 [EST] (Supp. No. 16, Update 2) Page 1 of 25 Title 9 ANIMALS1 Chapter 9.01 GENERAL PROVISIONS 9.01.001 Division of animal services established. There is hereby established a division of animal services which shall function as a division of the county health agency. (Ord. No. 3498, 11-7-23) 9.01.002 Rules and regulations. The chief animal control officer is hereby authorized to promulgate and enforce such rules or regulations consistent with the purposes, intent, and express terms of this title as he deems necessary to imp lement such purposes, intent and express terms. (Ord. No. 3498, 11-7-23) 9.01.003 Definitions. This section provides definitions of terms and phrases used in this title that are technical or specialized, or that may not reflect common usage. If any of the definitions in this section conflict with definitions in other provisions of this code, these definitions shall control for the purposes of this title. If a word is not defined in this section, or in other provisions of this code, the chief animal control officer shall determine the correct definition. The chief animal control officer shall have the authority to render interpretat ion and discretion regarding the applicability of any definition set forth in this section. (a) "Aggressive" means the demonstration of behavior indicating that an animal is likely or prone to unprovoked attack against a person or another animal. (b) "Altered" means having been spayed or neutered. (c) "Animal" means any member of the taxonomic kingdom Animalia other than a human being. (d) "Animal facility" means any lot, building, structure, enclosure, or premises wherein or whereon companion animals are kept or maintained for purposes related to the operation of any business or 1Ord. No. 3498, adopted November 7, 2023, repealed title 9, chs. 9.04—9.16, §§ 9.04.010—9.04.160, 9.08.010— 9.08.280, 9.12.010—9.12.040 and 9.16.010—9.16.030 and enacted a new title 9 as set out herein. Former title 9 pertained to similar subject matter and derived from Ord. 2474 § 1 (part), adopted 1990; Ord. 2764 § 1 (part), adopted 1996; Ord. 2809 § 1, adopted 1997; Ord. 2815 §§ 1, 2, 4—7, adopted 1997; Ord. 2838 § 1—5, 7—13, adopted 1998; Ord. 2507 § 1 (part), adopted 1991; Ord. No. 3167, §§ 1, 2, 3, 4, 5, adopted Nov . 25, 2008; Ord. No. 3228, § 1, adopted July 17, 2012. Page 361 of 403 Created: 2024-06-24 08:11:34 [EST] (Supp. No. 16, Update 2) Page 2 of 25 organization, including, but not limited to, a pet shop, grooming facility, breeding facility, boarding facility, stable or non-profit humane organization. (e) "Animal operation" means any commercial or non-profit endeavor which is wholly or in part based upon the care, keeping, or utilization of companion animals in the conduct of its business or operation. (f) "At large" means being upon any private property while unrestrained by a leash and without permission of the person who owns or has a right to possess or use the property; or, being upon public property or private property which is open to the public while unrestrained by a leash. (g) "Board of supervisors" means the San Luis Obispo County Board of Supervisors. (h) "Business day" means any day that the division's animal shelter is open to the public. (i) "Cat" means a Felis catus of either sex, altered or unaltered; or any animal which is a hybrid of a Felis catus. (j) "Chief animal control officer" means the animal services manager of the County of San Luis Obispo or his designee. (k) "Commercial" means any transaction, relationship, business or endeavor which involves the exchange of money, or traded goods or services, in exchange for any material consideration or service. (l) "Commercial animal operation" means: (1) Any commercial enterprise other than a duly licensed veterinary hospital which involves the direct care, keeping or maintenance of companion animals conducted from a non-residential location; or (2) Any commercial enterprise other than a duly licensed veterinary hospital conducted from a residential location which involves the direct care, keeping or maintenance of companion animals and at which the number of animals kept exceeds the maximum allowed under the provisions of this title or other applicable codes; or (3) Any commercial enterprise other than a duly licensed veterinary hospital which involves the care, keeping, or maintenance of companion animals conducted from a residential location and with gross annual revenue exceeding ten thousand dollars. (m) "Companion animal" means any animal of a species normally kept by people for the purposes of companionship, recreation, or sport. For the purposes of this title, this definition includes horses, donkeys, mules, and any other domesticated equine. (n) "County" means the County of San Luis Obispo. (o) "Division" means the division of animal services, the chief animal control officer and/or his or her duly authorized representative(s). (p) "Dog" means a Canis familiaris of either sex, altered or unaltered; or any animal which is a hybrid of a Canis familiaris. (q) "Domestic animal" means any animal of a vertebrate species which: (1) Has been selectively bred to live in a tame condition for the purposes of being a household pet, food or fiber source, or work animal; and (2) Is generally dependent upon people for its survival; and (3) Is notably distinct in conformation and/or behavior from its wild ancestors. (r) "Health agency" means the County of San Luis Obispo Health Agency as established in Chapt er 2.26 of this code. Page 362 of 403 Created: 2024-06-24 08:11:34 [EST] (Supp. No. 16, Update 2) Page 3 of 25 (s) "Heel" means for a dog to walk with its head or body remaining parallel and directly adjacent to the legs of its handler. (t) "Hobby breeder" means any private person who offers any dog, cat, or other animal normally kept as a household pet for sale or in exchange for any monetary or other non-monetary consideration, provided that: (1) The sale of such animals is conducted as an accessory use from a private residence; and (2) The number of animals kept at that location does not exceed the maximum allowed under the provisions of this title or other applicable codes; and (3) The total gross revenue realized from the breeding or sale of animals does not exceed an annual revenue of ten thousand dollars. (u) "Household pets" means any animal normally kept for purposes of companionship or amusement, including, but is not limited to, cats, dogs, canaries, parrots, fish, rodents, rabbits, turtles, lizards, and snakes. (v) "Identification" means any visible or readily discoverable tag, tattoo, microchip or other information bearing mark or device attached to, or implanted in, an animal giving indication that the animal is owned and providing, at a minimum, a current phone number or address at which the owner can be contacted. (w) "Impound" means to have been received into the custody of the chief animal control officer, any of his or her authorized agents or officers, or any public agency. (x) "Irremediable" means any injury or illness causing significant malaise, discomfort, or suffering to an animal and which is without treatment or which would not normally be treated by the average animal owner in the community. (y) "Livestock" means all domestic animals other than household pets including, but not limited to, horses, ponies, mules, donkeys, cattle, sheep, goats, swine, and poultry. (z) "Menacing" means the demonstration of behavior indicating an intent to inflict ha rm or which otherwise places a person in reasonable fear for his or her safety, the safety of others, or the safety of animals kept by them. (aa) "Non-profit humane organization" means any animal operation conducted by a bona fide charity in good standing under the provisions of Section 501(c)3 of the Internal Revenue Code and in compliance with all state and local codes pertaining thereto. (bb) "Neuter" means to be rendered incapable of reproduction as a result of surgical removal of the testes. (cc) "Owner" means any person who exercises legal possession or custodianship of an animal, or who legally claims the right to possession or custodianship of an animal. (dd) "Person" means any individual, firm, partnership, corporation, company, society, or asso ciation and every officer, agent, or employee thereof. (ee) "Public nuisance" means any condition or circumstance which: (1) Effects a substantial portion of a neighborhood as determined by the division; and (2) Is indecent or offensive to the senses, adversely impacts the health and safety of others, or otherwise impedes the reasonable use and enjoyment of property. (ff) "Quarantine" means the strict confinement of an animal in a location which prevents its interaction with other animals and limits interaction with people during the period in which it is under observation for signs indicative of an infectious disease. Page 363 of 403 Created: 2024-06-24 08:11:34 [EST] (Supp. No. 16, Update 2) Page 4 of 25 (gg) "Severe bodily injury" means any physical injury which results in deep lacerations with separation of subcutaneous tissues, muscle tears, lacerations, fractures or joint dislocations, or permanent impairment of locomotion or special senses. (hh) "Spay" means to be rendered incapable of reproduction as a result of the surgical removal of the ovaries. (ii) "Stable" means any lot, building, enclosure, or premises maintained for the purpose of lodging, feeding, boarding or rental of horses or other livestock. (jj) "Stray" means any animal subject to leash law or other confinement restrictions which is found roaming at large and without an owner or custodian in the immediate vicinity. (kk) "Veterinarian" means a professional licensed by the State of California to practice the science and art of disease and injury diagnosis, prevention, treatment and cure in animals. (Ord. No. 3498, 11-7-23) 9.01.004 Establishment of a public pound. A public pound is authorized and established at such place(s) in San Luis Obispo County as shall be fixed from time to time by the board of supervisors. (Ord. No. 3498, 11-7-23) 9.01.005 Chief animal control officer. (a) The animal services division shall be under the direction of the chief animal control officer subject to the supervisory control of the county health agency director. (b) It shall be the duty of the chief animal control officer to: (1) Enforce the provisions of this title, any other sections of San Luis Obispo County Code pertaining to the care and keeping of animals, and all applicable statutes and regulations of the state. (2) Designate and employ those individuals who shall perform the duties of animal control officer. (3) Have charge of and supervise the county animal shelter(s) under his or her jurisdiction. (4) Keep records of all animals impounded in said shelter(s). (5) Keep accounts of all moneys collected and received in the administration of the title. (c) Nothing in this section is intended to create a mandatory duty to perform the duties above for purposes of imposing liability under Government Code section 815.6. (Ord. No. 3498, 11-7-23) 9.01.006 Animal control officers—Citation authority. The chief animal control officer and his or her duly appointed staff shall have the power to issue citations pursuant to Sections 1.08 and 9.01.012 of this code. (Ord. No. 3498, 11-7-23) Page 364 of 403 Created: 2024-06-24 08:11:34 [EST] (Supp. No. 16, Update 2) Page 5 of 25 9.01.007 Interference with performance of duties. It is unlawful for any person to hinder, resist or obstruct the chief animal control officer or any of his or her staff or employees in the exercise of their lawful duties. Any person who violates this section is guilty of a misdemeanor. (Ord. No. 3498, 11-7-23) 9.01.008 Violation of order. Except as provided in this chapter, any person who, after written notice, violates, or who upon the demand of the division, refuses or neglects to conform to any lawful rule, written order, or regulation prescribed by the division is guilty of an infraction. (Ord. No. 3498, 11-7-23) 9.01.009 Impersonation of animal control officer—Prohibited. It is unlawful for any person who has not been designated to the position of animal control officer as provided in Section 9.01.004, to represent himself or herself to be, or to attempt to act as an animal control officer. Any person who violates this section is guilty of a misdemeanor. (Ord. No. 3498, 11-7-23) 9.01.010 Record of division. The division shall keep a record of the number, description and disposition of all animals impounded, showing in detail in the case of each, the date of receipt, the date and manner of disposal, the name of the person reclaiming, redeeming or receiving such dogs, cats or household pets, the reason for destruction and such additional records as the board of supervisors may from time to time direct. (Ord. No. 3498, 11-7-23) 9.01.011 Fees. (a) Whenever fees are to be charged by the division of animal services, these fees shall be set by ordinance or resolution of the board of supervisors. (b) A fee, including a penalty fee, may be waived if, in the discretion of the chief animal control officer, it is contrary to interests of justice, would adversely impact animal welfare, or would impose an undue financial hardship upon the payee. (Ord. No. 3498, 11-7-23) 9.01.012 Violation. (a) Except as otherwise provided, violation of a provision of this title is an infraction. (b) Each day upon which a violation occurs or continues to occur shall constitute a separate offence. (Ord. No. 3498, 11-7-23) Page 365 of 403 Title 9 - ANIMALS Chapter 9.02 ANIMALS GENERALLY San Luis Obispo County, California, County Code Created: 2024-06-24 08:11:35 [EST] (Supp. No. 16, Update 2) Page 6 of 25 Chapter 9.02 ANIMALS GENERALLY 9.02.001 Animals at large. (a) No person shall allow or permit any animal, other than household pets, to run at large upon any public street or place, or to trespass upon the property of another. (b) This provision shall not be construed as permitting the running at large of any househo ld pets that are otherwise restricted by the provisions of this title or by any law applicable thereto. (Ord. No. 3498, 11-7-23) 9.02.002 Unauthorized feeding or attraction of animals prohibited. It is unlawful for any person to place, deposit, or maintain food, water, shelter, or other similar attractant for an animal in any public park, plaza, woodland, other public place, or upon the private property of another person without the express consent and authorization of the property owner or tenant. (Ord. No. 3498, 11-7-23) 9.02.003 Animal wastes—Duty to remove. Every person having custody or control of a dog or cat shall promptly remove and dispose of, in a sanitary manner, all feces and other solid waste left by such animal in any public area or on any private property other than that of the animal's owner or keeper. (Ord. No. 3498, 11-7-23) 9.02.004 Unsanitary conditions prohibited. It is unlawful for any person to do any of the following: (a) Keep an animal confined upon any premises or in any enclosure which is befouled by animal waste, trash or debris, or any other foul, noxious, or unsanitary condition. (b) Allow the accumulation or deposit of animal wastes upon his or her propert y in such a quantity as to disturb the owners, occupants, or users of adjacent properties by way of offensive odor or the attraction of flies, insects, or other vermin. (c) Allow the accumulation or deposit of animal wastes in a location and quantity so as to befoul or pollute waters entering surface or storm drainage systems. (Ord. No. 3498, 11-7-23) 9.02.005 Unnecessary noise. (a) It is unlawful for any person to keep, harbor or maintain upon any lot, or in any residence, building, or structure owned, occupied, or controlled by them any animal which, by any frequent or prolonged noise, causes annoyance or discomfort to a reasonable person of normal sensitivities. Page 366 of 403 Created: 2024-06-24 08:11:34 [EST] (Supp. No. 16, Update 2) Page 7 of 25 (b) Prima facie evidence of a violation of this section shall be established if the noise from any such animal disturbs: (1) Two or more individuals residing in separate dwellings directly adjacent to the property wher eat the animal is kept, or (2) Three or more individuals residing in separate dwellings in close proximity to the property whereat the animal is kept. (c) Frequent and repetitive violations of this section may be deemed a public nuisance. (d) This section shall not apply to sounds made by livestock kept upon property which is zoned to allow the keeping of agricultural animals nor shall it apply to any appropriately permitted commercial animal facility situated in a location zoned for such an operation, p rovided that such noise is consistent with normal and expected levels for that type of animal keeping. (Ord. No. 3498, 11-7-23) 9.02.006 Investigation and abatement of noise or nuisance. (a) Should the division determine through investigation that any animal habitually causes or creates a public nuisance, the chief animal control officer may issue to the owner of the animal an ord er to abate the nuisance forthwith. (1) The division may initiate such an investigation independently upon reasonable suspicion or other good cause that a public nuisance exists; or (2) The division shall initiate such an investigation upon the written affirmation from three individuals alleging that any animal is causing or creating a public nuisance, provided that those individuals reside in, or occupy, separate dwellings or businesses in proximity to the alleged nuisance. (b) Upon issuance of an order to abate a nuisance, a fine may be levied by the division against the owner of the animal. (c) If a public nuisance is not successfully abated upon the order of the chief animal control officer, the division may present the results of such investigation to the district attorney for prosecution. (Ord. No. 3498, 11-7-23) 9.02.007 Menacing and aggressive animals. (a) It is unlawful for any person to keep, harbor, or maintain any aggressive or menacing animal which threatens, harasses, or intimidates a person who is peaceably and lawfully upon public or private property, unless it is contained in an enclosure of a construction adequate to keep it securely confined and prevent its escape. (b) Upon notification of a violation of subsection (a), the animal owner(s) must immediately confine it to an enclosure or location that mitigates the aggressive and menacing behavior. (c) It is unlawful for any person to permit any animal owned, harbored, or controlled by him or her to attack and cause severe bodily injury or death to another domestic or captive animal while off the property of its owner or keeper. (d) Liability of Property Owners. Page 367 of 403 Created: 2024-06-24 08:11:34 [EST] (Supp. No. 16, Update 2) Page 8 of 25 (1) Owners of properties upon which a tenant keeps, harbors, or maintains any aggressive or menacing animal may, along with the animal owner(s), be jointly and severally liable for penalties related to violations of subsection (a), provided that they have received at least fourteen days prior written notice of the existence of such violation and the violation has not been abated. (Ord. No. 3498, 11-7-23) 9.02.008 Animals designated as potentially dangerous or vicious. (a) Any animal designated under the provisions of another municipal, county, or state law as potentially dangerous, vicious, or their respective equivalent shall be considered so designated within the County of San Luis Obispo as well. (b) Any and all terms or restrictions related to the keeping, confinement, and care of the animal issued in association with that designation shall be fully and equally in force within the county. (Ord. No. 3498, 11-7-23) 9.02.009 Possession of unsafe and wild animals prohibited. It is unlawful for any person to own, keep, maintain, or possess any animal which is wild by nature and which, because of its size, disposition, or other characteristics could constitute a danger to human life or property. (a) Such animals shall include, but are not necessarily limited to, the following: (1) Mammals: a. Any canine other than a member of the species Canis familaris (domestic dog), including wolves, coyotes, foxes, jackal, or any hybrid thereof. b. Any feline other than a member of the species Felis catus (domestic cat), including mountain lions, bobcats, tiger, or any hybrid thereof. c. Hyenas, bears, elephants, and primates. (2) Reptiles: a. Any species of front fanged venomous snake, or hybrid thereof. b. Any venomous species of Heloderma. c. Reticulated pythons, rock pythons, Burmese pythons, anacondas, or any other snake which commonly exceeds ten feet in length at adulthood. d. Any crocodile or alligator. (3) Any other terrestrial animal species, except for honey-producing bees, which is venomous to human beings, whether its venom is transmitted by bite, sting, touch or other means. (b) This prohibition shall not apply to: (1) Livestock; (2) Any member of the following taxonomic groups: a. Aves (birds); b. Equidae (horses, asses, and zebras); Page 368 of 403 Created: 2024-06-24 08:11:35 [EST] (Supp. No. 16, Update 2) Page 9 of 25 c. Camelidae (camels, llamas, alpacas); d. Ruminatia (Oxen, bison, deer, antelope, chevron). (3) Any wild and dangerous animal being transported through the county provided that the possessor is in compliance with all state and federal laws related to the keeping, possession, and transport of such animals, and provided that the animal does not remain within the county for more than twenty-four hours; (4) Any zoo, circus, museum, educational or academic research institution, veterinary hospital, wildlife rehabilitation or breeding organization, animal rescue, or commercial film or video production company provided that the animals are kept and confined in a manner which precludes their escape and which fully protects the public from harm. (Ord. No. 3498, 11-7-23) 9.02.010 Injury to animals by motorists—Duty to stop and assist. (a) The operator of a motor vehicle or self-propelled vehicle which strikes and injures or kills any domestic animal on any public roadway shall: (1) Stop and give reasonable aid, assistance, and/or protection to said animal, provided that this can be done without the operator placing himself at unreasonable risk; and (2) Contact the animal's owner, if known, or the animal services division, highway patrol, or the sheriff's or police department with jurisdiction, and report the location and facts of the incident, including their name and contact information; and a. Remain at the scene until the owner, appropriate law enforcement or animal control authority arrives or until otherwise dismissed by that authority; or b. In the case of an animal which is injured and not dead, the operator may immediately transport the animal to a veterinarian for treatment. (b) This section shall not apply to public safety officers or emergency response personnel if the vehicle they were operating was responding to an emergency situation at the time the animal was struck. (Ord. No. 3498, 11-7-23) 9.02.011 Owner's responsibility to dispose of dead dogs, cats and household pets. (a) The owner of any dog, cat, or household pet which has died shall dispose of the carcass in a sanitary manner within twenty-four hours of becoming aware of its death. (b) It is unlawful for any person to place the carcass of an animal, or any portion thereof, in or upon any roadway, park, public place, or upon the private property of another without the express consent of the property owner or possessor. (Ord. No. 3498, 11-7-23) 9.02.012 Disposition of dead dogs, cats and household pets upon request. It shall be the duty of the division, upon the request of any owner of any dead dog, cat or household pet which was kept or maintained in the county immediately prior to its death, or upon the request of any person discovering a dead dog, cat or household pet upon his or her premises or upon any public road, highway, street, Page 369 of 403 Created: 2024-06-24 08:11:35 [EST] (Supp. No. 16, Update 2) Page 10 of 25 alley, square, park, school ground or other public place, or in or upon any lot or premises, to forthwith bury or dispose of the animal in such manner as may be prescribed by law. The division may charge and collect fees, which may be set by resolution of the board of supervisors, for the transportation and disposal of the dog, cat or household pet from the owner or person having had possession or control of the animal if same can be ascertained. (Ord. No. 3498, 11-7-23) Chapter 9.03 DOGS AND CATS 9.03.001 Microchipping required. (a) All dogs and cats over the age of four months must be implanted with an identifying microchip. (b) This provision shall not apply to: (1) Dogs or cats for which a veterinarian licensed to practice within the state of California has issued a certificate indicating that such procedure would pose a serious risk to the health or life of the animal. Such certificate shall be issued in a form as prescribed by the division. (2) Dogs or cats over eight years of age on January 1, 2022. (c) Any dog or cat without a microchip impounded by the division shall be microchipped prior to redemption or adoption. (Ord. No. 3498, 11-7-23) 9.03.002 Animal keeping limitations—Dogs and cats. (a) Except as provided by Section 9.03.003, no person may keep, harbor, or maintain more than thr ee dogs, nor more than three cats, over the age of four months on any single lot, premises, dwelling, or living accommodation located within the county, nor may any person allow to be kept, harbored, or maintained more than three dogs, or more than three cats, over the age of four months on any single lot, premises, dwelling, or living accommodation controlled by them and located within the county. (b) This section shall not apply to any duly permitted commercial animal operation. (Ord. No. 3498, 11-7-23) 9.03.003 Animal keeping limitations—Variance to. (a) The division may issue a permit for a variance to the limitations on animal keeping as established by Section 9.03.002. The issuance of such a permit shall be at the discretion of the chief animal control officer taking into consideration the following: (1) The type and characteristics of the animals to be kept, (2) The type and quality of housing or confinement provided for the animals, (3) The ability of the owner to maintain the animals in a manner which minimizes undue impact on adjacent neighbors, (4) Laws, ordinances, regulations and rules applicable to the keeping of animals at the subject location and Page 370 of 403 Created: 2024-06-24 08:11:35 [EST] (Supp. No. 16, Update 2) Page 11 of 25 (5) Documentation or awareness of prior animal welfare problems or adverse neighborhood impacts related to the keeping or management of animals by the permit applicant. (b) Permits for a variance to animal keeping limitations shall be issued for the calendar year, or any part thereof, for which the variance is sought. Each permit shall expire on December 31 of the current year, provided that such permit may be renewed without penalty on or before January 1 of the next year. (c) The division may assess a fee for the issuance or the annual renewal of a permit for variance. No proration of the fee shall be made for new permit or renewal applications submitted after January 1, provided that permits issued for new applications submitted after October 1 shall be valid until December 31 of the following year. (d) A penalty fee may be assessed for permit renewal applications submitted after January 31. (Ord. No. 3498, 11-7-23) 9.03.004 Cats at large. (a) No person shall permit any unaltered cat owned, harbored, or controlled by hi m to roam at large. (b) Any person finding a cat roaming at large may, at their own expense, have that animal spayed or neutered by a veterinarian. (Ord. No. 3498, 11-7-23) 9.03.005 Leash law. (a) No person shall permit any dog owned, harbored, or controlled by him to be in or upon any public roadway, walkway, park or other public area unless securely restrained by a leash and under the direct control of a person competent to exercise full care, custody, and charge over such dog, or unless the dog is at a "heel" beside a person and obedient to that person's command. (b) No person shall permit any dog owned, harbored, or controlled by him to trespass or be upon the private property of another without the express prior consent of the property owner or possessor. (c) The provisions of this section shall not be applicable: (1) To any dog actively engaged in the herding of livestock or hunting provided it is obedient to the commands of the person controlling them during these activities; (2) Within the boundaries of any park or other public area specifically designated and autho rized by the controlling agency as an off-leash recreational area for dogs; or (3) Any registered service dogs or dogs associated with search and rescue or law enforcement. (Ord. No. 3498, 11-7-23) 9.03.006 Duty of division to seize and impound dogs roaming at large. It shall be the duty of the division to seize and impound, in a lawful manner and subject to the provisions of this title, any dog found running at large. (Ord. No. 3498, 11-7-23) Page 371 of 403 Created: 2024-06-24 08:11:35 [EST] (Supp. No. 16, Update 2) Page 12 of 25 9.03.007 Dogs upon private property. The owner or possessor of any private property may take up and deliver to the division, or detain for the division to pick up, any dog found running at large upon that property. (Ord. No. 3498, 11-7-23) Chapter 9.04 IMPOUNDMENT OF ANIMALS 9.04.001 Private individuals finding lost animals. (a) Any person finding a lost, stray or stolen animal shall notify the division by any means available within twenty-four hours of the event and provide his or her name, address, phone number, a description of the animal, and the time and location at which it was found. (b) Any person having custody of a lost, stray, or stolen animal shall surrender such animal to the division upon demand of the chief animal control officer. Failure to comply with this provision is a misdemeanor. (Ord. No. 3498, 11-7-23) 9.04.002 Notice of impoundment and holding period. (a) Upon impounding any animal with identification, the division shall make reaso nable efforts to notify the owner or custodian of the impoundment within twenty-four hours, excluding Sundays and holidays. The owner or custodian shall also be notified that the animal must be redeemed within three business days and, that unless so redeemed, the animal may be disposed of in a manner as provided by this title. (1) Notification may be made by direct oral communication, telephone message, or posting of written notice at the address listed upon the animal's identification. (b) The division shall maintain a listing which includes the description, date of impound, and location taken up for all animals impounded by the division or reported as found by a private person. This information shall be made available to the public by means of a recorded phone message, website or any other reasonable means deemed appropriate by the chief animal control officer. (Ord. No. 3498, 11-7-23) 9.04.003 Authority to take up. (a) The division may take into custody: (1) Any animal found running at large contrary to the provisions of this title or other applicable statute. (2) Any animal delivered to the division by a peace officer as defined by California Penal Code Sections 830.1-830.9. (3) Sick, injured, or abandoned animals for which the owner or custodian cannot be located or is unable or unwilling to provide appropriate care. (4) Any animal which presents an active or immediate health or safety risk to the public or other animals. (5) Any animal whose owner or custodian has failed to provide it with necessary sustenance, drink, shelter, and veterinary care. Page 372 of 403 Created: 2024-06-24 08:11:35 [EST] (Supp. No. 16, Update 2) Page 13 of 25 (6) Any animal which is confined inhumanely or subject to needless suffering, torment, or otherwise cruel and unnecessary treatment. (7) Any animal which by law the division is authorized to impound. (b) Any owner or custodian of an animal who believes that the animal has been unlawfully impounded may request a hearing before the chief animal control officer to determine the issue of whether it was lawfully seized and impounded. (1) The chief animal control officer or his or her designee shall conduct such hearing w ithin seven calendar days of the request. (2) In the event the animal is determined to have been unlawfully impounded, the division shall refund to the owner or custodian any and all fees associated with the impound other than those associated with the licensure of the animal as required by this title or those due to any veterinary or special care fees necessary for the health and safety of the animal. (Ord. No. 3498, 11-7-23) 9.04.004 Redemption of impounded animals. (a) The owner or custodian of any animal taken up and impounded under the provisions of this title may, at any time before the adoption or disposal thereof, redeem such animal by paying to the division the fees and charges prescribed by this title and any other applicable statutes which have accrued up to the time of such redemption. (b) Any person seeking to redeem an animal impounded under the terms of this provisi on shall demonstrate to the satisfaction of the division that he or she is the owner or duly authorized custodian of the animal. (c) Any person who is denied the redemption of an animal shall be provided written notification of the basis of the denial and afforded the opportunity to make the corrections necessary to secure the redemption of the animal during which time the animal shall remain in the division's custody. (d) Any person who is denied the redemption of an animal may request a hearing before t he chief animal control officer into the validity of the denial. The chief animal control officer or his or her designee shall conduct such hearing within two business days of the request. (e) Failure of a person denied the redemption of an animal to implement the necessary corrections or to request a hearing into the denial within seven days shall be deemed abandonment of the animal which may then be disposed of by the division in a manner provided by this title. (Ord. No. 3498, 11-7-23) 9.04.005 Vaccination and medical treatment of impounded animals authorized. The division is hereby authorized to administer to any impounded animal such vaccinations, preventative medical treatment, or parasite controls as may be deemed necessary to promote the health and welfare of the animal or of other impounded animals. The cost for the administration of such medications or treatment may be included in the calculation and assessment of impound fees. (Ord. No. 3498, 11-7-23) Page 373 of 403 Created: 2024-06-24 08:11:35 [EST] (Supp. No. 16, Update 2) Page 14 of 25 9.04.006 Holding period—Household pets. (a) Unless otherwise specified within this title or by California state code, any household pet impounded under the provisions of this title shall be held by the division and kept available for owner redemption for a period of no less than three business days, not including the day of impoundment. (b) Calculation of the holding period for animals impounded with current identification as defined by Section 9.01.003(v) shall commence upon notification to the owner or custodian of the impoundment. If such notification is not made, the holding period for such animals shall be no less than seven calendar days. (c) Any animal surrendered to the division by its lawful owner may, at the division's discretion, be made immediately available for adoption. (Ord. No. 3498, 11-7-23) 9.04.007 Holding period—Livestock. (a) The division shall immediately notify the office of the California State Secretary of Agriculture and provide a description of any impounded bovine, horse, mule, or burro having been found at large. (b) Any livestock animal found at large shall be held by the division and kept available for owner redemption for a period of no less than ten business days, not including the day of impoundment. (c) The division may authorize an individual finding any livestock animal other than a bovine roaming at large to maintain custody of the animal pending identification of the owner, provided they keep it adequately confined and provided with appropriate care. If the owner is not identified after thirty days, the finder may establish ownership of the animal as provided in Section 9.04.009. The individual finding the animal roaming at large may at any time turn such animal over to the division. (Ord. No. 3498, 11-7-23) 9.04.008 Impound fees. (a) Before an impounded animal is released to the owner or custodian, he or she shall pay fees to the division for the following: (1) Any applicable license fee and late penalty for the animal; (2) An impound fee which shall be set to increase sequentially for the second, third, and subsequent impounds of the same animal within a one-year period. The first impound fee shall be waived for any dog wearing a current license tag at the time of impound; (3) A boarding fee for each day, or portion thereof, that the animal remains in the division's custody beginning the day following the date of impound; (4) Any veterinary or special care fees assessed to, or incurred by, the division as a result of the impound of the animal. Payment of these fees does not constitute a guarantee against any future billing of the owner or custodian by a veterinarian or animal care provider for fees not yet as sessed to the division or for the value of any discounted service provided to the division. (5) Any other fee established within the provisions of this title or by California state statute. (b) The above fees shall be set by the board of supervisors by ordinance or resolution and may be amended from time to time. Page 374 of 403 Created: 2024-06-24 08:11:35 [EST] (Supp. No. 16, Update 2) Page 15 of 25 (c) Any owner or custodian who refuses or fails to redeem an animal upon notification of its impoundment shall remain liable for all costs associated with its impoundment and incurred through the duration of its holding period. (Ord. No. 3498, 11-7-23) 9.04.009 Adoption of unredeemed animals. At any time after the expiration of the applicable holding period, the division may, without further notice and without advertising in any manner, adopt out any animal not reclaimed or redeemed provided that: (a) No animal be adopted, given, or otherwise transferred to any individual, organization, or business for the purpose of being utilized in biomedical, pharmaceutical, or other laboratory testing or research. (b) No dog or cat shall be adopted, given, or otherwise tra nsferred to any person, organization, or business, other than a non-profit humane organization, unless it has been previously spayed or neutered, or unless a veterinarian licensed to practice in the state of California certifies that it is too sick to undergo such a procedure, in which case the adopter shall pay to the division a deposit of no less than fifty dollars. (1) The deposit shall be returned to the adopter upon provision of proof of alteration to the division. (2) Failure to provide proof of alteration or a renewed veterinarian's certification that the animal remains too ill to undergo surgery to the division within sixty days of the date of the deposit shall result in forfeiture of the deposit. (Ord. No. 3498, 11-7-23) 9.04.010 Euthanasia of animals. (a) Any impounded animal which, upon the conclusion of its holding period, has not been redeemed by its owner or which has not been adopted may be humanely euthanized by the division in its discretion. (b) Any owner surrendered animal which has not been reclaimed by its owner within a period of time equivalent to the holding period for impounded stray animals as set forth in Section 9.04.006 may be humanely euthanized by the division in its discretion. (c) Any impounded or owner surrendered animal, regardless of its holding period, may be euthanized by the division upon diagnosis or recognition of an illness or injury causing irremediable suffering. (d) The division may provide for the humane euthanasia of animals upon request and certification by the owner that the animal: (1) Has an illness or injury causing substantial suffering, discomfort, or malaise; or (2) Demonstrates unprovoked aggression towards people or domestic animals; or (3) Demonstrates undesirable behavior which is unmanageable and incompatible with the keeping of the animal as a domestic pet. (Ord. No. 3498, 11-7-23) Chapter 9.05 ANIMAL BREEDING AND SALES Page 375 of 403 Created: 2024-06-24 08:11:35 [EST] (Supp. No. 16, Update 2) Page 16 of 25 9.05.001 Animal breeding—Permit required. (a) No person, firm, corporation, or association shall breed with the intent to sell, nor offer for sale, any animal of a type normally kept as a household pet without having first obtained the appropriate permit from the division. (1) In the event that the breeding operation qualifies as a hobby breeder under the definitions of this title, the permit type issued shall be that of a hobby breeder permit. (2) All other breeding operations shall be permitted as a commercial animal operation. (b) Application, approval, and maintenance of this permit shall be independent of, and in addition to, any other permits required by this code. (c) Issuance of a permit under this section does not supersede, negate, or otherwise eliminate the requirement of an animal owner or keeper to comply with all other municipal, county and state regulations, ordinances, and laws related to the keeping, breeding and/or sale of animals. (Ord. No. 3498, 11-7-23) 9.05.002 Advertisement of animals for sale. Any hobby breeder or commercial animal operation offering the sale of a household pet shall include the permit number issued for that operation in any print, electronic, or other form of advertisement. (Ord. No. 3498, 11-7-23) 9.05.003 Hobby breeder permit—Inspection required. (a) The division shall conduct an inspection of the associated animal facility upon receipt of an application for a new hobby breeder permit and from time to time as may be deemed necessary by the chief animal control officer to ensure appropriate animal care and management. (b) Routine hobby breeder permit inspections may be conducted without prior notification to the permit holder or applicant during the normal business hours of the division. (c) Inspections conducted in conjunction with an investigation of alleged or suspected animal welfare concerns or permit violations may be conducted as necessary for that purpose. (d) Refusal of an applicant or permit holder to allow an inspection shall be grounds for denial or revocation of the hobby breeder permit. (Ord. No. 3498, 11-7-23) 9.05.004 Hobby breeder permit—Issuance and revocation. (a) An applicant shall be issued a hobby breeder permit by the chief animal control officer upon successful completion of an inspection of the associated animal facility and payment of any associated fees as may be established by the board of supervisors. (b) A hobby breeder permit may be immediately denied, suspended, or revoked by the chief animal control officer upon due investigation and determination that: (1) The issuance of such permit creates, is likely to create, or promotes a public nuisance; or Page 376 of 403 Created: 2024-06-24 08:11:35 [EST] (Supp. No. 16, Update 2) Page 17 of 25 (2) The permit holder or applicant has failed to maintain the premises in a clean, sanitary condition and poses an unreasonable risk to the health, safety and welfare of the animals residing at the premises; or (3) The permit holder or applicant has failed to provide appropriate care, housing, or confinement for the animals in his or her keeping; or (4) The permit holder, applicant, or other resident of the property for which the permit is sought has been convicted of any offence involving a violation of Section 597 of the California State Penal Code or any other equivalent municipal, county, or state law or code. (5) The permit holder or applicant is maintaining or breeding animals in violation of municipal, county, or state law or code. (c) In the event a hobby breeder permit is suspended or revoked, the holder of the permit shall be given an opportunity for a hearing before an impartial hearing officer from outside of the division, within forty eight business hours of the time of suspension. Upon conclusion of the hearing, the hearing officer may decide to: (1) Dismiss the suspension or revocation and reinstate the permit with or without conditions; or (2) Suspend or revoke the permit. This hearing shall be conducted in accordance with procedures adopted by the division and the hearing officer's decision shall be final. (Ord. No. 3498, 11-7-23) 9.05.005 Hobby breeder permit—Term, fee, and delinquency. (a) Hobby breeder permits shall be issued for the calendar year, or any part thereof, during which the operation is maintained. Each permit shall expire on December 31 of the current year. (b) The division may assess a fee for the issuance or the annual renewal of a hobby breeder permit. No proration of the fee shall be made for new permit or renewal applications submitted after January 1, provided that permits issued for new applications submitted after October 1 shall be valid until December 31 of the following year. (c) A renewal application may be submitted at any time during the calendar year without penalty, provided that such application is made prior to the breeding of the animals to be covered by the permit. In the event that a renewal application is not submitted prior to the breeding, the division may assess a penalty fee. (Ord. No. 3498, 11-7-23) 9.05.006 Report of animal sales. Any holder of a hobby breeder permit shall report in writing the sale of any dog or cat to the division within thirty days of the event. Such report shall include: (a) Date of sale; (b) Species, breed, age, sex, and color of the animal; and (c) Name and physical address of purchaser. (Ord. No. 3498, 11-7-23) Chapter 9.06 COMMERCIAL ANIMAL OPERATIONS Page 377 of 403 Created: 2024-06-24 08:11:35 [EST] (Supp. No. 16, Update 2) Page 18 of 25 9.06.001 Commercial animal operation—Permit required. (a) No person shall conduct any commercial breeding, kennel, stable, pet shop or other commercial animal operation as defined in this title without first obtaining the appropriate permit from the division. (b) Issuance of a permit to operate under this section does not supersede, negate, or otherwise eliminate the requirement of an animal owner or keeper to comply with all other municipal and or cou nty regulations and ordinances related to the sale or keeping of animals. (Ord. No. 3498, 11-7-23) 9.06.002 Commercial animal operation permit—Operational standards. (a) The division shall establish minimum standards of sanitation, animal care, and animal housing for the operation of a commercial animal facility. In the event that another law or regulation sets forth different standards regarding the sanitation, care and housing of animals at the facility, the more restrictive law or regulation shall control. (b) Failure of a permit holder to correct a deficiency in operational standards upon notification by the division constitutes an infraction. (Ord. No. 3498, 11-7-23) 9.06.003 Commercial animal operation permit—Inspection required. (a) The division shall conduct an inspection of the associated animal facility upon receipt of an application for a new commercial animal operation permit and from time to time as may be deemed necessary by the chief animal control officer to ensure appropriate animal care and management. (b) Routine commercial animal operation permit inspections may be conducted without prior notification during the normal business hours of the permitted animal facility. (c) Inspections conducted in conjunction with an investigation of alleged or suspected animal welfare concerns or permit violations may be conducted as necessary for that purpose. (d) Refusal of an applicant or permit holder to allow an inspection may be grounds for denial or revocation of the permit. (Ord. No. 3498, 11-7-23) 9.06.004 Business license required. (a) Unless exempted by county or municipal code, no person, firm, corporation, or association may erect, establish, or maintain any commercial animal operation without first obtaining a business license from the jurisdiction wherein the operation is located. (b) Such business license shall be issued in a form and for a duration prescribed by the issuing authority. (Ord. No. 3498, 11-7-23) Page 378 of 403 Created: 2024-06-24 08:11:35 [EST] (Supp. No. 16, Update 2) Page 19 of 25 9.06.005 Emergency notification. The owner or operator of a commercial animal operation shall post in a conspicuous location, where it may be seen outside the locked premises, a notice listing the names and telephone numbers of persons who may be contacted in the case of any emergency. (Ord. No. 3498, 11-7-23) 9.06.006 Commercial animal operation permit—Issuance, suspension and revocation. (a) An applicant shall be granted a commercial animal operation permit by the chief animal control officer upon submittal of a complete application, successful completion of an inspection of the associated animal facility and payment of any associated fees as may be established by resolution or ordinance by the board of supervisors. (b) Any permit issued under this title may be suspended or revoked by the chief animal control officer u pon the determination that: (1) The permitted operation creates, is likely to create, or promotes a public nuisance; or (2) The permittee, their agents or employees have failed to maintain the premises in a clean, sanitary condition; or (3) The permittee, their agents or employees have failed to provide appropriate care or housing for the animals in their keeping; or (4) The permittee, their agent, or employee has been convicted of any offense involving a violation of Section 597 of the California State Penal Code; or (5) The division determines that the application included any materially false information; or (6) The permittee, their agents or employees have failed to meet the operational standards established by the division for a commercial animal operation or have otherwise violated any other rule or regulation related to the operation of a commercial animal operation. (c) Prior to the suspension or revocation of any permit issued under this title, the division shall conduct a hearing into the basis for such suspension or revocation. (1) Notice of the hearing shall be mailed to the permittee or posted at the location of the permitted operation at least five days prior to the date of the hearing. (2) Written notice of the hearing findings shall be mailed to the permittee or posted at the location of the permitted operation. (3) Any order to suspend or terminate a permitted operation shall become effective no sooner than seven, nor more than thirty, calendar days from the date of issuance. (Ord. No. 3498, 11-7-23) 9.06.007 Commercial animal operation permit—Appeal of denial, suspension, or revocation. (a) The applicant or holder of a commercial animal operation permit which has been denied, suspended, or revoked may appeal the decision to the board of supervisors by submitting a written request to the clerk of the board within seven days of the issuance of such decision. The clerk shall set the matter for hearing at the Page 379 of 403 Created: 2024-06-24 08:11:35 [EST] (Supp. No. 16, Update 2) Page 20 of 25 earliest possible date and shall give reasonable notice of the time and place thereof to the applicant or permitee and to the division. (b) The board of supervisors, or their designee, shall hear the evidenc e offered by the division and by the applicant or permitee and shall forthwith decide the issue. (c) The decision of the board of supervisors, or their designee, shall be final. (Ord. No. 3498, 11-7-23) 9.06.008 Commercial animal operation permit—Term, fee, delinquency, fee exemption. (a) Commercial animal operation permits shall be issued for the calendar year, or any p art thereof during which the operation is maintained. Each permit shall expire on December 31 of the current year, provided that such permit may be renewed without penalty on or before January 1 of the next year. (b) The division may assess a fee for the issuance or the annual renewal of a permit which shall be established by resolution or ordinance by the board of supervisors. No proration of the fee shall be made for new permit or renewal applications submitted after January 1, provided that permits issued for new applications submitted after October 1 shall be valid until December 31 of the following year. (c) A penalty fee may be assessed for permit renewal applications submitted after January 31. The penalty fee shall be established by resolution or ordinance by the board of supervisors. (d) Non-profit humane organization conducting a commercial animal operation are exempt from the assessment of permit fees provided that they submit documentation of their Internal Revenue Service designation as a 501(c)3 organization at the time of application and that they submit their renewal application prior to January 31. (Ord. No. 3498, 11-7-23) Chapter 9.07 LICENSING 9.07.001 Dog license—Required. (a) All dogs, including dog hybrids, over the age of four months and being kept or maintained in the county of San Luis Obispo for more than thirty days in any one year period shall be licensed through the division. (b) The owner, or the owner's agent, of any properties upon which a tenant keeps, harbors, or maintains a dog subject to the licensing requirements established by this section may, along with the animal owner, be jointly and severally liable for penalties related to violations of subsection (a). (c) It shall be the responsibility of the division to administer those processes related to the issuance of such license, including, but not limited to, the: (1) Receipt and processing of applications for licensure; (2) Distribution of license tags; and (3) Maintenance of all records related thereto. (Ord. No. 3498, 11-7-23) Page 380 of 403 Created: 2024-06-24 08:11:35 [EST] (Supp. No. 16, Update 2) Page 21 of 25 9.07.002 Dog license—Exemptions. The provisions of this title requiring the licensing of dogs shall not apply to: (a) Dogs on sale in a duly licensed and permitted pet shop or commercial animal operation. (b) Dogs owned by a duly licensed and permitted commercial animal operation, provided that the animal is housed or maintained at the permitted facility. (c) Every dog that is exempt from licensing requirements shall still be vaccinated against rabies infection with a vaccine approved by the California Department of Public Health for use in dogs, unless such animal would otherwise be exempt from the vaccination requirement as provided in Section 9.08.003. (Ord. No. 3498, 11-7-23) 9.07.003 Dog license—Vaccination required. The division shall not license any dog which has not been vaccinated against rabies infection with a vaccine approved by the California Department of Public Health for use in dogs or which has not been issued an exemption to the requirement for rabies vaccination as provided for in Section 9.08.003. (Ord. No. 3498, 11-7-23) 9.07.004 Dog license term. Each dog license shall be valid for a period of up to three years from the date of issuance, provided that the term of validity may not extend beyond the expiration date of the animal's rabies vaccination. In the event that a dog has been exempted from rabies vaccination as provided for in Section 9.08.003, the term of the license shall be for one year. (Ord. No. 3498, 11-7-23) 9.07.005 Rabies deposit fee required. Any person procuring a dog license without a valid rabies vaccination for reason of redeeming an impounded animal or clearing a citation will pay a rabies deposit fee which shall be established by resolution or ordinance by the board of supervisors. This deposit is refundable upon proof of current vaccination through normal county refund procedures. Proof of rabies vaccination shall be made to the division within th irty days or the license will be void and the deposit forfeit. (Ord. No. 3498, 11-7-23) 9.07.006 Dog license tags. Upon exhibition of the proper evidence of vaccination and payment of the license fee, the division shall deliver to the person making such payment a metal tag with a unique identification number and the words "San Luis Obispo County, CA" stamped thereon. This tag shall be worn at all times by the dog for which it was issued. If the dog is exempted from vaccination as established by Section 9.08.003, the dog tag shall have a distinguishing mark as evidence of such fact. (Ord. No. 3498, 11-7-23) Page 381 of 403 Created: 2024-06-24 08:11:35 [EST] (Supp. No. 16, Update 2) Page 22 of 25 9.07.007 Assistance animal tags. Any assistance animal identification tag issued by the division in compliance with California Food and Agriculture Code Section 30850 shall also serve as the license tag for the dog to which it was issued. (Ord. No. 3498, 11-7-23) 9.07.008 License fees. (a) The division shall assess a fee for each license issued. Such fee shall be established by resolution or ordinance by the board of supervisors. (b) A late penalty may be assessed in addition to the standard licensing fee for any license renewal which is more than thirty days delinquent or for any new license application which is submitted more than thirty days after the requirements established in Section 9.07.001(a). Such fee shall be established by resolution or ordinance by the board of supervisors. (c) A reduced fee shall be assessed to senior citizens providing proof of age, provided that the licensed animal has been altered. For the purposes of this section, "senior citizen" shall be interpreted to mean any person over the age of sixty-five. (Ord. No. 3498, 11-7-23) 9.07.009 License fee—Waived. The licensing fee shall be waived for: (a) Dogs which have been issued an assistance animal identification tag as established by California Food and Agriculture Code Section 30850; and (b) Dogs owned, appropriately trained and utilized by a public agency for the purpose of assisting in law enforcement, search and rescue, or military activities; dogs being trained for such purpose; dogs kept as breeding stock for such purpose; or dogs previously utilized and retired from such purpose. (Ord. No. 3498, 11-7-23) 9.07.010 Counterfeiting prohibited. It is a misdemeanor for any person to counterfeit a license tag, to remove a valid tag from a dog with the intent of affixing that tag to another dog or transferring that tag to another person, or to knowingly possess or place on a dog any such tag. (Ord. No. 3498, 11-7-23) Chapter 9.08 RABIES CONTROL 9.08.001 Rabies vaccination required—Dogs. (a) The owner or custodian of any dog or dog hybrid over the age of four months shall procure its vaccination against rabies virus infection. Page 382 of 403 Created: 2024-06-24 08:11:35 [EST] (Supp. No. 16, Update 2) Page 23 of 25 (b) Every dog so vaccinated shall be revaccinated at an interval consistent with the labeling directions for the specific vaccine and as approved by the California Department of Public Health. (Ord. No. 3498, 11-7-23) 9.08.002 Rabies vaccination required—Cats. (a) The owner or custodian of any cat or cat hybrid over the age of four months which is allowed to roam at large shall procure its vaccination against rabies virus. (b) Every cat so vaccinated shall be revaccinated at an interval consistent with the labeling directions for the specific vaccine and as approved by the California Department of Public Health for so long as it is al lowed to roam at large. (Ord. No. 3498, 11-7-23) 9.08.003 Exemptions from rabies vaccination requirements. (a) The requirement for rabies vaccination for any dog or cat may, upon the approval of the chief animal control officer, be waived for a period of up to one year following the submission of a certification by a veterinarian listing a specific medical diagnosis or condition affecting the animal and stating that due to such condition the administration of a rabies vaccination poses a grave or life-threatening risk to the animal. The form of such certification is to be specified by the chief animal control officer. (b) Advanced age alone does not constitute a basis for the waiver of rabies vaccination requirements. (c) Any animal so exempted from rabies vaccination shall be restricted to the enclosed yard or premises of the owner or keeper unless it is securely constrained by a leash no more than six feet in length. (Ord. No. 3498, 11-7-23) 9.08.004 Rabies vaccination—Administration, certificates, and reporting. (a) Vaccination against rabies infections shall be performed by a duly qualified and licensed veterinarian using a vaccine of a type approved for use in that species of animal by the California Department of Public Health. (b) The veterinarian performing the vaccination shall issue to the owner or custodian of the animal a certificate of vaccination which shall include: (1) The manufacturer and type of vaccine used; (2) The date of the vaccination; (3) The duration of vaccination; (4) A true description of the animal to which the vaccination was administered, including species, age, breed, sex and color; and (5) The name and address of the owner or custodian of the animal. (c) A copy of the vaccination certificate shall be sent by the veterinarian to the division within thirty days of said vaccination. (Ord. No. 3498, 11-7-23) Page 383 of 403 Created: 2024-06-24 08:11:35 [EST] (Supp. No. 16, Update 2) Page 24 of 25 9.08.005 Reporting of bites. Any person bitten by a dog, cat, raccoon, skunk, bat, fox, coyote, bobcat, or other animal of a species subject to rabies infection, any parent or guardian of a minor child so bitten, any physician or healthcare provider treating a person so bitten, and any other person having knowledge of a person so bitten shall, within twenty -four hours, notify the division and report, if known: (a) The name, address, and phone number of the person bitten; (b) The type of animal inflicting the bite; (c) The name, address, and phone number of the owner of the animal; and (d) The time, date, and circumstances under which the bite occurred. (Ord. No. 3498, 11-7-23) 9.08.006 Biting animals—Penalty. It is a misdemeanor for any person to permit any animal owned, harbored or controlled by him or her, to inflict upon any human being a bite that penetrates the skin while the person bitten is on any pu blic place, or lawfully upon any private property. (Ord. No. 3498, 11-7-23) 9.08.007 Isolation of biting and rabies exposed animals. (a) Any domestic animal of a species subject to infection by the rabies virus and which has bitten a person shall be quarantined for a period of time as established by Title 17 of the California Code of Regulations Section 2606. The location and manner of the quarantine shall be at the discretion of the chief animal control officer. In the event that no time period for the quarantine is established by the California Code of Regulations, the duration of quarantine shall be set by the chief animal control officer in his or her reasonable discretion. (b) Any domestic animal of a species subject to infection by the rabies virus and which has been exposed to a known or suspected rabid animal shall be quarantined fo r a period of time as established by Title 17 of the California Code of Regulations Section 2606. The location and manner of quarantine shall be at the discretion of the chief animal control officer. In the event that no time period for the quarantine is e stablished by the California Code of Regulations, the duration of quarantine shall be set by the chief animal control officer in his or her reasonable discretion. (c) Any hybrid animal which has been vaccinated against rabies infection shall, for the purp oses of administration of this section, be considered unvaccinated unless such vaccine was specifically labeled and approved by the California Department of Public Health for administration to hybrid animals. (d) Upon the request and consent of the owner or custodian, an animal subject to quarantine under the provisions of this section may be euthanized prior to the conclusion of the quarantine period provided that the animal's remains are submitted for diagnostic testing in a manner consistent with established medical practice for the assessment of rabies infection. (e) The chief animal control officer or his or her duly authorized agent is hereby empowered to enter upon any private property, including the home or residence where an animal is kept or has strayed, to inspect, and if necessary to seize and impound any animal for the purpose of enforcing this section. Page 384 of 403 Created: 2024-06-24 08:11:35 [EST] (Supp. No. 16, Update 2) Page 25 of 25 (f) Any person who fails to produce and relinquish upon demand of the division any animal subject to isolation under the terms of this section, disobeys any isolation order issued by the division, or removes from its place of confinement any animal under quarantine without the consent of the division is guilty of a misdemeanor. (Ord. No. 3498, 11-7-23) 9.08.008 Suspicion of rabies. (a) Any person having ownership or custody of an animal demonstrating symptoms indicative and suggestive of rabies infection, or any veterinarian treating such an animal, shall immediately notify the division. (b) Upon certification by a veterinarian that an animal is demonstrating signs indicative and suggestive of rabies infection, the division may cause the animal to be humanely euthanized and the remains submitted for diagnostic testing in a manner consistent with established medical practice for the assessment of rabies infection. (Ord. No. 3498, 11-7-23) Page 385 of 403 Page 386 of 403 Animal Services Ordinance Amendment August 20, 2024 Chief Rick Scott & Deputy Chief Brian Amoroso 2023 San Luis Obispo Municipal Code Title 6, Animals Codifies all animal control regulations in the City San Luis Obispo County Code Title 9, Animals Codifies all animal control regulations in the County 2023 All cities contract with the County of San Luis Obispo to provide animal control services, including enforcement and use of the animal shelter 2023 Animal Control Officers enforce regulations in all cities creating a confusing mix of laws Most city municipal codes related to animals are not frequently updated due to effort and expertise required County Animal Services has asked for each City to adopt the County Code Title 9 by reference to create symmetry throughout the County 2023 Current contract requires ordinance conformity with the County Adopt, either by direct incorporation in the municipal code or by way of reference, animal control ordinances which are in conformity to and are not in substantial conflict or in variation from Title 9 of the San Luis Obispo County Code. 2023 County of San Luis Obispo recently updated Title 9 on December 8, 2023 City of Grover Beach adopted the County code by reference on July 22, 2024 San Luis Obispo will be the second city in the county to adopt Title 9 by reference Other cities are working towards adoption but have not yet set council hearing dates 2023 County Code Title 9 and City Code Title 6 were reviewed for similarities and differences by the City Attorney and County Animal Services Most existing City Title 6 sections are contained in a similar form in County Title 9 and can be rescinded City retains the ability to keep desired regulations specific to San Luis Obispo All efforts were made to keep animal control regulations status quo in the city 2023 Proposed Rescinded 6.04 Definitions 6.08 Public Pound 6.12 Impoundment Procedures 6.16 Dog Registration and Licensing 6.20 Animal Control Regulations 6.24 Dog Kennels, Pet Shops, Catteries and Aviaries 6.28 Domestic Animals and Poultry 2023 Proposed Retain 6.20.010 Keeping Noisy Animals - Prohibited 6.28.10 Animal Definitions 6.28.060 Keeping of Animals – Limitations and regulations on poultry, rabbits, swine, hogs, pigs and other animals (retains maximum of five cats) 6.28.070 Prohibition on beekeeping 6.28.080 Prohibition on breeding in the City 2023 Changes to Existing Regulations 6.12.130 County no longer impounds healthy stray cats (has not occurred in SLO since 2019) 6.16.070 Licensing of dogs valid for a term of up to three years 6.16.080 Licensing fees set by County and updated annually (current fees set by County) 6.20.020 Complaints arising from noisy animals can escalate to a complaint with the District Attorney (this is currently possible, new code clarifies) 2023 New Regulations 9.02.002 – Prohibits unauthorized feeding of animals by individuals on property other than their own 9.02.003 – Requires animal owners to remove animal wastes deposited off owner’s property 2023 New Regulations 9.02.009 – Prohibits the keeping of dangerous and wild animals including large and venomous snakes, wolf hybrid dogs and others 9.02.010 – Requires motorists striking domestic animals to stop and render aid or make official notification 2023 New Regulations (continued) 9.03.001 – Requires microchipping of adult dogs and cats 9.03.004 – Prohibits cat owners from allowing unaltered cats to roam at large. Allows finders of unaltered cats roaming at large to have the cat altered at their expense 9.08.002 – Requires owners of cats allowed to roam outdoors be vaccinated against rabies Animals will not be confiscated for violations. There are low-cost options for vaccinations and microchipping, animals will not be retained due to an inability to pay. 2023 Recommendation Approve draft ordinance to incorporate County Code Title 9 by reference as proposed. 2023 DISCUSSION