Brisbane Municipal Code Ch. 6.14 Miscellaneous Provisions

For the purpose of this chapter, the definitions contained in Chapters 6.04 and 6.08 shall apply and the following additional definitions shall also apply to this chapter:

"Abandon" means to cease providing care, sustenance and shelter for an animal with the intent of never again providing such care, sustenance and shelter. It implies an intent on the part of the owner, harborer or keeper to relinquish responsibility for the welfare and physical condition of the animal in a manner that does not provide for the animal's best interests.

"Animal" means and includes but is not limited to birds, fishes, reptiles and nonhuman mammals.

"Cat" means a Felis catus of either sex, altered or unaltered; or any member of the Felis genus if owned, kept or harbored.

"Dog" means Canis familiaris of either sex, altered or unaltered; or any member of the Canis genus if owned, kept or harbored.

"Loft" means the structure for keeping or housing of pigeons permitted by this chapter.

"Pigeon" means a member of the family Columbidae, and shall include the following:

1. "Fancy pigeon" means a pigeon, which, through selective past breeding, has developed certain distinctive physical and performing characteristics as to be clearly identified and accepted as such by the National Pigeon Association, the American Pigeon Club, or the Rare Breeds Pigeon Club. Examples include Fantails, Pouters, and Trumpeters.

2. "Racing pigeon" means a pigeon which, through selective past breeding, has developed the distinctive physical and mental characteristics as to enable it to return to its home after having been released a considerable distance therefrom, and which is accepted such by the American Racing Pigeon Union, Inc. or the International Federation of Racing Pigeon Fanciers. Also commonly known as Racing Homer, Homing Pigeon or Carrier Pigeon.

3. "Sporting pigeon" means a pigeon which, through selective past breeding, has developed the ability to fly in a distinctive manner, such as aerial acrobatics or endurance flying. Examples include Rollers and Tipplers.

(Ord. 506 § 1(part), 2005).

A. Vaccinations. Every cat owner shall have his or her cat receive a rabies vaccination in a manner prescribed or approved by the State Department of Public Health. Each dog owner and/or cat owner shall have his or her dog(s) and/or cat(s) receive DHLP and FVRCP vaccination respectively, in accordance with standard veterinary procedure.

B. Destruction of Property. No person having charge, care or custody of any animal shall permit such animal to damage or destroy the property of any person other than that of the owner of such animal. Parkways comprising the area between the street and sidewalk shall be included as private property for the purpose of this chapter.

C. It is unlawful for the owner or person having custody of any dog to fail to immediately remove and dispose of in a sanitary manner, by placing in a closed or sealed container and depositing in a trash receptacle, any feces deposited by such dog upon private or public property not owned or controlled by the owner or person having custody of such dog. The provisions of this subsection shall not apply to any blind person accompanied by a guide dog.

D. No person owning or having charge, care or custody of any unspayed female dog shall permit such a dog to be at large, be led on a leash in a public place, or tied or maintained at any public place that is not securely fenced in a manner to keep out all other dogs while such female dog is in heat or breeding condition. Every female dog kept in violation hereof is declared to be a public nuisance and may be taken up and impounded.

E. It is unlawful for any person to abandon any animal, of any age or for any reason, within the city limits of Brisbane.

F. It is unlawful for any person to tease, torment or otherwise provoke into barking or howling any dog within the city limits of Brisbane.

G. No person shall keep or permit to remain on any premises within the city any animal that disturbs the peace and quiet of any neighborhood, or person residing therein, by barking, crying, baying or making any other noise sufficient in volume to so disturb the neighborhood or its residents. Any such animal so disturbing the peace is hereby declared to be a public nuisance.

H. Notwithstanding any contrary provision contained in this title, dogs are not required to be leashed while located within the fenced area of the city's dog park and under the direct supervision of dog's owner or other person responsible for the dog. The owner or custodian of the dog shall comply with all posted rules of the dog park and shall not leave the dog unattended therein.

I. It is unlawful for the owner or person having custody of any dog to bring or allow such dog to remain, with or without a leash, upon any city property where signs have been posted by the city indicating that dogs are not permitted upon such property. It shall also be unlawful for the owner or person having custody of any dog to bring or allow such dog to remain, with or without a leash, upon the property of any school district in the city where signs have been posted by the school district indicating that dogs are not permitted upon such property and the school district has furnished to the city's chief of police a written request to enforce such restriction pursuant to this subsection.

J. Police dogs, while under the supervision and control of the officer responsible for the custody of such dog, shall be exempt from all provisions of this title.

(Ord. 506 § 1(part), 2005).

A. Dogs and Cats. No person shall keep, harbor, maintain, or allow to be kept, harbored or maintained, on one premises more than three (3) dogs and four (4) cats over the age of four (4) months without obtaining a permit. Licensed pet stores, veterinarian clinics, kennels or pet grooming facilities are exempt from this section. A permit may be obtained from the animal control officer for the keeping of more than three (3) dogs and four (4) cats per premises. Issuance of such permit may be conditioned upon:

1. Whether or not the owner or possessor has a history of complaints filed with animal control services for violation(s) of any provision(s) of this chapter or zoning, health and safety, or building chapters or state code(s) relating to the keeping, care or possession of animals;

2. The owner or possessor's ability to conform to the other provisions of this chapter;

3. That the issuance of a permit will not be detrimental to the public's health, safety, or welfare or create a public nuisance;

4. Any reasonable criteria related to the proper care and maintenance of such animal(s) that the animal control officer may impose.

B. Fowl and Other Animals. Except as otherwise permitted by Section 6.14.040 of this chapter, no person shall keep, harbor or maintain, or allow to be kept, harbored or maintained, on one premises more than four (4) in number of any fowl, bird, rabbit, rodent, or combination thereof, unless a special permit shall be issued subject to the rules and regulations provided in this section and only on approval of the animal control officer. Any person keeping, harboring, or maintaining more than four (4) in number of fowl, birds, rabbits, rodents or combination thereof, on any one premises within the city shall be subject to the following regulations, except pigeons regulated by Section 6.14.040 of this chapter:

1. All buildings, pens, runs, or other places where such fowl or animals are kept shall be located at least one hundred (100) feet from any residence, the owner's excepted.

2. The floors of every such building shall be smooth and tight and maintained so as to prevent accumulation of filth and water.

3. The floor area of every such building where fowl are given free run shall be sufficient area so as to allow at least two and one-half (2 1/2) square feet per fowl.

4. All dead animals, manure, refuse, feathers, and other waste matter shall be removed within a reasonable time, not to exceed forty-eight (48) hours, or kept in fly-tight containers until such removal.

5. Rabbits and rodents must be kept in hutches so constructed as not to allow urine to pollute the ground, and provided with floors that are removable for the purpose of cleaning and disinfecting. No box hutches will be permitted.

(Ord. 506 § 1(part), 2005).

A. The keeping, breeding, maintenance and flying of racing, sporting and fancy pigeons may be allowed only upon the issuance of a permit by the animal control officer. Application for the permit shall be submitted on the form prescribed by the animal control officer and shall be accompanied by payment of a processing fee in the amount established by resolution of the city council. No public hearing on the application shall be required but the animal control officer shall send written notice of the application to the owners of all properties adjacent to the premises where the pigeons are proposed to be kept and shall afford such owners a period of twenty (20) days to submit comments on the application.

B. Each permit issued pursuant to this section shall require compliance with the following conditions:

1. The owner of the pigeons must be a member in good standing of an organized pigeon club, such as the American Racing Pigeon Union, Inc., the International Federation of Racing Pigeon Fanciers, the National Pigeon Association, the American Tippler Society, the International Roller Association, the Rare Breeds Pigeon Club, California State Racing Pigeon Organization, or a local club which has rules that will help preserve the peace and tranquility of the neighborhood.

2. All pigeons shall be fitted with a permanent leg band approved by the National Pigeon Association, the American Pigeon Club, the Rare Breeds Pigeon Club, or similar nationally recognized pigeon organization. All pigeons shall be registered with one of the national pigeon associations/registries.

3. Not more than forty (40) pigeons, including squab, shall be kept or maintained on any one premises in the city.

4. All pigeons shall be confined to the loft, except for limited periods necessary for exercise, training and competition; and at no time shall pigeons be allowed to perch or linger on buildings or fences, or other common or private property, including that of others.

5. All pigeons shall be fed within the confines of the loft. All feed for the pigeons shall be stored in such containers to protect against intrusion by rodents and other vermin.

6. The loft shall comply with the following requirements:

a. There shall be at least one square foot of floor space in any loft for each mature pigeon kept therein.

b. The loft shall be of sufficient size and design, and constructed of such material, that it can be maintained in a clean and sanitary condition. The loft shall be maintained in a sanitary condition and in compliance with all applicable health regulations. The owner shall take any and all steps necessary to prevent fly breeding, fleas and rodents.

c. The loft shall be compatible in scale and design with adjacent structures, including those on adjoining properties. The loft shall be constructed on the rear half of the property and shall comply with all building and zoning regulations applicable to accessory structures. No loft shall be located closer than thirty (30) feet from any building used for human habitation, the owner's excepted.

d. The construction and location of the loft shall not constitute a nuisance or be detrimental to the public safety, health, and welfare of the neighborhood.

e. All lofts shall be subject to periodic inspection for compliance with the provisions of this chapter and for compliance with the terms of the permit.

7. Waste material shall not be a source of odor and shall be disposed of in an approved manner.

8. No dead animals shall be buried on the premises.

9. No pigeon shall be released to fly for exercise, training, or competition which has been fed within the previous four (4) hours.

C. The conditions set forth in subsection B of this section shall be deemed to be minimal requirements for the keeping, breeding, maintenance and flying of racing, sporting and fancy pigeons, and the animal control officer may impose such additional conditions and requirements as may be appropriate to maintain the public health, safety and welfare.

D. Permits issued by the animal control officer pursuant to this section may be issued for a limited period of time and subject to renewal for additional period(s) of time upon review and approval by the animal control officer, who shall give notice of such renewal to adjacent property owners in the same manner as required for the original permit application. Permits may be revoked in accordance with the provisions of Section 6.14.050 of this chapter.

(Ord. 506 § 1(part), 2005).

A. Any permit issued pursuant to Section 6.14.030 or 6.14.040 of this chapter is valid for the animal's life or until the expiration date specified in the permit, if any, unless it is sooner revoked by the animal control officer. Any permit may be suspended or revoked if, after investigation, the animal control officer finds any of the following to be true:

1. The permittee has violated any of the conditions or requirements set forth in the permit and has failed to correct such violation after receipt of written notice to do so from the animal control officer.

2. The permittee is convicted of any offense involving violation of any provision of this chapter or zoning, health and safety, or building chapters or any state code relating to the keeping, care or possession of animals.

3. The permittee has failed to keep and maintain the premises for the animal(s) in a clean and sanitary manner.

4. The permittee has failed to provide any animal with proper food, water, shelter, attention or veterinarian care.

5. The permittee has violated any criteria which the animal control officer has imposed for keeping the animal(s) for which the permit was issued.

B. Any permittee whose permit has been suspended or revoked may appeal the animal control officer's decision to the city council.

(Ord. 506 § 1(part), 2005).

Animal complaints handled by the city's public safety department shall be recorded, and shall include the date(s), animal and owner name and address, and measures taken in response to complaint. Public safety records on animal complaints shall be provided to animal control services in order to ensure completeness of their records regarding complaints. In addition, provision will be made to receive records from the department of animal control services regarding complaints handled by its officers, on a periodic basis, including the date(s), animal and owner name and address, and measures taken in response to complaint.

(Ord. 506 § 1(part), 2005).

Any person adopting an unspayed or unneutered dog or cat from any humane society, S.P.C.A., animal control shelter, or any other animal-welfare organization shall have such animal spayed or neutered on or before a date specified in the adoption agreement, unless a licensed veterinarian states in writing that the date specified is inappropriate for the animal in question. On submission of such written statement to the person at such organization responsible for ensuring compliance with this section, the adoption agreement will be modified accordingly.

(Ord. 506 § 1(part), 2005).

The violation of any of the provisions of this chapter shall constitute an infraction, punishable by the fines, penalties and enforcement provisions set forth in Chapters 1.14, 1.16 and 1.18 of this code. Such provisions shall be cumulative and in addition to any rights and remedies that may be available to the city by reason of the violation, including the revocation of any permit issued pursuant to this chapter.

(Ord. No. 554, § 14, 1-18-11)