Belmont Municipal Code Art. I In General

(a) (1)

Except as provided in subsection (2), San Mateo County Ordinance Code Title 6, Chapter 6.04, entitled "Animal Control" as adopted by the San Mateo County Board of Supervisors Ordinance No. 4486 on January 9, 2024, is adopted by reference under Government Code Section 50022.9.

(2) San Mateo County Ordinance Code Title 6, Chapter 6.04, sections 6.04.230 and 6.04.240 are not adopted.

(b) Amendments to Chapter 6.04 as may be adopted by the board of supervisors are not effective unless subsequently adopted by the city council in accordance with Government Code Section 50022.7.

(c) The city clerk is directed to maintain at least one copy of Chapter 6.04 on file in the city clerk's office for public inspection.

(d) The regulations in Chapter 6.04 as adopted by subsection (a) are effective and will be enforced in the City of Belmont on the effective date of this ordinance.

(e) Subject to such terms and conditions as may be required by the city manager, the County of San Mateo is authorized to administer and enforce Chapter 6.04, as adopted herein within the City of Belmont, including issuing of administrative fines and holding hearings. The city manager is authorized to execute agreements with the county necessary to implement the authority provided by this section. The County may charge the fees set forth in Chapter 6.04 in administering and enforcing Chapter 6.04 within the City of Belmont.

(f) The authority provided in subsection (f) supplements all other authority of the city and does not limit the authority of the city to enforce the regulations adopted by reference in this section.

(g) For purposes of administration and enforcement by the City of Belmont, all references in San Mateo County Ordinance Code Chapter 6.04, to county officers means the city manager or designee.

(h) It is unlawful for any person to violate the regulations in Chapter 6.04 as adopted by this section. Violation is an offense that may be charged as set forth in section 1-8. Violation may be remedied by any means available to remedy a violation of this Code. The remedies for violation are cumulative.

(i) Administrative fines issued under chapter 30 for violation of the regulations adopted by this section are as follows:

One hundred dollars for a first violation;

Two hundred dollars for a second violation; and

Five hundred dollars for a third and subsequent violations.

(Ord. No. 2024-1177, § 1, 2-13-24)

Editor's note— Ord. No. 2024-1177, § 1, adopted Feb. 13, 2024, repealed the former § 5-1, and enacted a new § 5-1 as set out herein. The former § 5-1 pertained to definitions and derived from Ord. No. 983, § 1, adopted Feb. 11, 2003; and Ord. No. 1014, § 1, adopted Feb. 28, 2006.

Humane officers qualified and appointed pursuant to California Corporations Code 14502, who are employees of any public pound, society for prevention of cruelty to animals or humane society which has contracted with the county to provide animal control services, shall have the authority to issue notices to appear in court pursuant to Chapter 5c (commencing with Section 853.5 of Title 3 of Part 2 of the Penal Code of the State of California) for violations of state and local animal control laws. This authority is based on Section 14503 of the Corporations Code. Animal control officers shall have the authority provided by state law including but not limited to that described by Penal Code Section 830.9.

(Ord. No. 983, § 1, 2-11-03; Ord. No. 1014, § 2, 2-28-06)

Editor's note— Ord. No. 2024-1177, § 2, adopted Feb. 13, 2024, repealed §§ 5-3—5-24, 5-26, and 5-27, which derived from Ord. No. 983, § 1, adopted Feb. 11, 2003; Ord. No. 1014, §§ 3—15, adopted Feb. 28, 2006; Ord. No. 1066, § 1, adopted Sept. 25, 2012; and Ord. No. 2017-1121, § 2, adopted Aug. 22, 2017.