Colma Municipal Code Ch. 7.05 General Transactions and Use Tax

Sections: 7.05.010 - Title. 7.05.020 - Purpose. 7.05.030 - Contract With State. 7.05.040 - Transactions Tax Rate. 7.05.050 - Place of Sale. 7.05.060 - Use Tax Rate. 7.05.070 - Adoption of Provisions of State Law. 7.05.080 - Limitations on Adoption of State Law and Collection of Use Taxes. 7.05.090 - Permit Not Required. 7.05.100 - Exemptions and Exclusions. 7.05.110 - Amendments. 7.05.120 - Enjoining Collection Forbidden. 7.05.130 - Duration of Tax

This ordinance shall be known as the “Town of Colma General Transactions and Use Tax Ordinance”. The Town of Colma hereinafter shall be called “Town” or “City.” This ordinance shall be applicable in the incorporated territory of the Town/City.

This ordinance is adopted to achieve the following, among other purposes, and directs that the provisions hereof be interpreted in order to accomplish those purposes:

A. To impose a retail transactions and use tax in accordance with the provisions of Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code and Section 7285.9 of Part 1.7 of Division 2 which authorizes the City to adopt this tax ordinance which shall be operative if a majority of the electors voting on the measure vote to approve the imposition of the tax at an election called for that purpose.

B. To adopt a retail transactions and use tax ordinance that incorporates provisions identical to those of the Sales and Use Tax Law of the State of California insofar as those provisions are not inconsistent with the requirements and limitations contained in Part 1.6 of Division 2 of the Revenue and Taxation Code.

C. To adopt a retail transactions and use tax ordinance that imposes a tax and provides a measure therefore that can be administered and collected by the California Department of Tax and Fee Administration in a manner that adapts itself as fully as practicable to, and requires the least possible deviation from, the existing statutory and administrative procedures followed by the California Department of Tax and Fee Administration in administering and collecting the California State Sales and Use Taxes.

D. To adopt a retail transactions and use tax ordinance that can be administered in a manner that will be, to the greatest degree possible, consistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, minimize the cost of collecting the transactions and use taxes, and at the same time, minimize the burden of record-keeping upon persons subject to taxation under the provisions of this ordinance.

Prior to the operative date, the City shall contract with the California Department of Tax and Fee Administration to perform all functions incident to the administration and operation of this transactions and use tax ordinance; provided, that if the City shall not have contracted with the California Department of Tax and Fee Administration prior to the operative date, it shall nevertheless so contract and in such a case the operative date shall be the first day of the first calendar quarter following the execution of such a contract.

For the privilege of selling tangible personal property at retail, a tax is hereby imposed upon all retailers in the incorporated territory of the City at the rate of one half (1/2%) of the gross receipts of any retailer from the sale of all tangible personal property sold at retail in said territory on and after the operative date of this ordinance.

For the purposes of this ordinance, all retail sales are consummated at the place of business of the retailer unless the tangible personal property sold is delivered by the retailer or his agent to an out-of-state destination or to a common carrier for delivery to an out-of-state destination. The gross receipts from such sales shall include delivery charges, when such charges are subject to the state sales and use tax, regardless of the place to which delivery is made. In the event a retailer has no permanent place of business in the State or has more than one place of business, the place or places at which the retail sales are consummated shall be determined under rules and regulations to be prescribed and adopted by the California Department of Tax and Fee Administration.

An excise tax is hereby imposed on the storage, use or other consumption in the City of tangible personal property purchased from any retailer on and after the operative date of this ordinance for storage, use or other consumption in said territory at the rate of one half percent (1/2%) of the sales price of the property. The sales price shall include delivery charges when such charges are subject to state sales or use tax regardless of the place to which delivery is made.

Except as otherwise provided in this ordinance and except insofar as they are inconsistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, all of the provisions of Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code are hereby adopted and made a part of this ordinance as though fully set forth herein.

In adopting the provisions of Part 1 of Division 2 of the Revenue and Taxation Code:

A. Wherever the State of California is named or referred to as the taxing agency, the name of this City shall be substituted therefor. However, the substitution shall not be made when:

1. The word “State” is used as a part of the title of the State Controller, State Treasurer,
California Victim Compensation Board, California Department of Tax and Fee
Administration, State Treasury, or the Constitution of the State of California;

2. The result of that substitution would require action to be taken by or against this City or
any agency, officer, or employee thereof rather than by or against the California
Department of Tax and Fee Administration, in performing the functions incident to the
administration or operation of this Ordinance.

3. In those sections, including, but not necessarily limited to sections referring to the
exterior boundaries of the State of California, where the result of the substitution would
be to:

a. Provide an exemption from this tax with respect to certain sales, storage, use or
other consumption of tangible personal property which would not otherwise be
exempt from this tax while such sales, storage, use or other consumption remain
subject to tax by the State under the provisions of Part 1 of Division 2 of the
Revenue and Taxation Code, or;

b. Impose this tax with respect to certain sales, storage, use or other consumption
of tangible personal property which would not be subject to tax by the state
under the said provision of that code.

4. In reference to Sections 6701, 6702 (except in the last sentence thereof), 6711, 6715,
6737, 6797 or 6828 of the Revenue and Taxation Code.

B. The word “city” shall be substituted for the word “state” in the phrase “retailer engaged in business in this state” in Section 6203 of the Revenue and Taxation Code and in the definition of that phrase in Section 6203.

1. “A retailer engaged in business in the District” shall also include any retailer that, in the preceding calendar year or the current calendar year, has total combined sales of tangible personal property in this state or for delivery in the State by the retailer and all persons related to the retailer that exceeds five hundred thousand dollars ($500,000). For purposes of this section, a person is related to another person if both persons are related to each other pursuant to Section 267(b) of Title 26 of the United States Code and the regulations thereunder.

If a seller’s permit has been issued to a retailer under Section 6067 of the Revenue and Taxation Code, an additional transactor’s permit shall not be required by this Ordinance.

A. There shall be excluded from the measure of the transactions tax and the use tax the amount of any sales tax or use tax imposed by the State of California or by any city, city and county, or county pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law or the amount of any state-administered transactions or use tax.

B. There are exempted from the computation of the amount of transactions tax the gross receipts from:

1. Sales of tangible personal property, other than fuel or petroleum products, to operators
of aircraft to be used or consumed principally outside the county in which the sale is
made and directly and exclusively in the use of such aircraft as common carriers of
persons or property under the authority of the laws of this State, the United States, or
any foreign government.

2. Sales of property to be used outside the City which is shipped to a point outside the
City, pursuant to the contract of sale, by delivery to such point by the retailer or his
agent, or by delivery by the retailer to a carrier for shipment to a consignee at such
point. For the purposes of this paragraph, delivery to a point outside the City shall be
satisfied:

a. With respect to vehicles (other than commercial vehicles) subject to registration
pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the
Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public
Utilities Code, and undocumented vessels registered under Division 3.5
(commencing with Section 9840) of the Vehicle Code by registration to an out-of-
City address and by a declaration under penalty of perjury, signed by the buyer,
stating that such address is, in fact, his or her principal place of residence; and

b. With respect to commercial vehicles, by registration to a place of business out-
of-City and declaration under penalty of perjury, signed by the buyer, that the
vehicle will be operated from that address.

3. The sale of tangible personal property if the seller is obligated to furnish the property for
a fixed price pursuant to a contract entered into prior to the operative date of this
ordinance.

4. A lease of tangible personal property which is a continuing sale of such property, for any
period of time for which the lessor is obligated to lease the property for an amount fixed
by the lease prior to the operative date of this ordinance.

5. For the purposes of subparagraphs (3) and (4) of this subsection, the sale or lease of
tangible personal property shall be deemed not to be obligated pursuant to a contract or
lease for any period of time for which any party to the contract or lease has the
unconditional right to terminate the contract or lease upon notice, whether or not such
right is exercised.

C. There are exempted from the use tax imposed by this ordinance, the storage, use or other consumption in this City of tangible personal property:

1. The gross receipts from the sale of which have been subject to a transactions tax under any state-administered transactions and use tax ordinance.

   2. Other than fuel or petroleum products purchased by operators of aircraft and used or consumed by such operators directly and exclusively in the use of such aircraft as common carriers of persons or property for hire or compensation under a certificate of public convenience and necessity issued pursuant to the laws of this State, the United States, or any foreign government. This exemption is in addition to the exemptions provided in Sections 6366 and 6366.1 of the Revenue and Taxation Code of the State of California.

   3. If the purchaser is obligated to purchase the property for a fixed price pursuant to a contract entered into prior to the operative date of this Ordinance.

   4. If the possession of, or the exercise of any right or power over, the tangible personal property arises under a lease which is a continuing purchase of such property for any period of time for which the lessee is obligated to lease the property for an amount fixed by a lease prior to the operative date of this Ordinance.

   5. For the purposes of subparagraphs (3) and (4) of this subsection, storage, use, or other consumption, or possession of, or exercise of any right or power over, tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised.

   6. Except as provided in subparagraph (7), a retailer engaged in business in the City shall not be required to collect use tax from the purchaser of tangible personal property, unless the retailer ships or delivers the property into the City or participates within the City in making the sale of the property, including, but not limited to, soliciting or receiving the order, either directly or indirectly, at a place of business of the retailer in the City or through any representative, agent, canvasser, solicitor, subsidiary, or person in the City under the authority of the retailer.

   7. “A retailer engaged in business in the City” shall also include any retailer of any of the following: vehicles subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utilities Code, or undocumented vessels registered under Division 3.5 (commencing with Section 9840) of the Vehicle Code. That retailer shall be required to collect use tax from any purchaser who registers or licenses the vehicle, vessel, or aircraft at an address in the City.

D. Any person subject to use tax under this ordinance may credit against that tax any transactions tax or reimbursement for transactions tax paid to a district imposing, or retailer liable for, a transactions tax pursuant to Part 1.6 of Division 2 of the Revenue and Taxation Code with respect to the sale to the person of the property the storage, use or other consumption of which is subject to the use tax.

All amendments subsequent to the effective date of this ordinance to Part 1 of Division 2 of the Revenue and Taxation Code relating to sales and use taxes and which are not inconsistent with Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, and all amendments to Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, shall automatically become a part of this Ordinance, provided however, that no such amendment shall operate so as to affect the rate of tax imposed by this Ordinance.

No injunction or writ of mandate or other legal or equitable process shall issue in any suit, action or proceeding in any court against the State or the City, or against any officer of the State or the City, to prevent or enjoin the collection under this ordinance, or Part 1.6 of Division 2 of the Revenue and Taxation Code, of any tax or any amount of tax required to be collected.

The tax imposed by this chapter shall continue until this ordinance is repealed.

DETAILED TABLE OF CONTENTS

CHAPTER EIGHT: ANIMALS

Subchapter 8.01: General

8.01.010 Definitions
8.01.020 Animal Control Program
8.01.030 Rabies Vaccinations
8.01.040 Dog Licenses
8.01.045 Three-Year Licensing for Dogs and Cats
8.01.050 Wolf Hybrid Registration
8.01.060 Public Protection From Dogs
8.01.070 Prohibited Conduct
8.01.072 Feeding Birds and Wild Animals Prohibited
8.01.075 Animal Waste
8.01.080 Protection of Animals in Motor Vehicles
8.01.090 Release for Confinement
8.01.100 Dangerous Animal Permit Required
8.01.105 Declaration of Vicious Animals
8.01.110 Issuance of Permit for Dangerous Animal
8.01.115 Hearing Procedures
8.01.120 Mandatory Dangerous Animal Permit Requirements
8.01.130 Repealed
8.01.140 Possession of Animals after Revocation of Dangerous Animal Permit
or Vicious Declaration
8.01.150 Inspection Fee
8.01.160 Revocation or Modification of Permit
8.01.170 Animals To Be Impounded
8.01.180 Notice of Impounded Animals
8.01.190 Repealed
8.01.200 Record of Impounded Animals
8.01.210 Field Return Fee
8.01.220 Redemption/Spay Neuter Fee
8.01.230 Redemption Fees
8.01.240 License Fee To Be Paid Upon Redemption
8.01.250 Epidemics
8.01.260 Bite Reporting Requirements
8.01.270 Quarantine Fee
8.01.280 Service Fees
8.01.290 Repealed
8.01.300 Penalties for Violations

8.01.310 Use of License and Other Revenue

Subchapter 8.02: Spaying, Neutering and Breeding

Division 2: Repealed Division 3: Infractions; Exceptions 8.04.030 Infraction 8.04.040 Non-Profit Organizations 8.04.050 Revocation

Subchapter 8.05: Poultry and Fowl

8.05.010 Findings
8.05.020 Prohibition
8.05.030 Public Nuisance
8.05.040 Infraction
8.05.050 Lawful, Non-conforming Use

(a) Animal Control Officer means that person designated as the Animal Control Program Manager of the Division of Animal Control Services for San Mateo County and his or her duly authorized officers or deputies, as well as the President of the County's contract agent and his duly authorized officers or deputies.

(b) Animal Control Program means that program within the Division of Animal Control Services of the San Mateo County Health System, or the County's designated contract agent or both, which is specifically charged with regulating and enforcing laws dealing with animal control within its jurisdiction.

(c) Animal Control Shelter means the facilities provided by the County or the County’s designated contract agent for the impounding of animals.

(d) Dangerous Animal means any animal, except a trained dog assisting a peace officer engaged in law enforcement duties, which, because of its disposition, behavior, training or other characteristic, constitutes a danger to persons or property, or which demonstrates any or all of the following behavior:

(1) Any attack or other behavior, which requires a defensive action by any person to
prevent bodily injury or property damage or that results in an injury to a person or
property;

(2) Any aggressive attack or other behavior, that constitutes a substantial threat of
bodily harm to a person or animal, where such attack, injury or behavior occurs in a
place where such person is conducting himself or herself peaceably and lawfully;

(3) Any attack on another animal or livestock which occurs off the property of the
Owner of the attacking animal; or

(4) Any animal that has been deemed by another governmental jurisdiction as
"potentially dangerous," "dangerous," "vicious," or any other similar designation.

(e) Director of Health System means that person so designated by the governing body of the County of San Mateo.

(f) Health Officer means that person who has been designated by the San Mateo County Board of Supervisors as the Health Officer of the County and any other person duly authorized by such Health Officer to act on his or her behalf.

(g) Impoundment means the picking up and confining of an animal by the Animal Control Program.

Animal Control Colma Municipal Code (January 2020) Page 8.01-1

(h) Licensing Program means that program within the San Mateo County Health System which is specifically charged with regulating and selling animal licenses and registrations in San Mateo County.

(i) Master Fee Schedule means the Town of Colma Master Fee Schedule set forth in Subchapter 10 of Chapter 1 of the Colma Administrative Code, as amended from time to time by the City Council.

(j) Owner of an animal means that person 18 years of age or older who holds the license to the animal, or if the animal is not licensed, that person 18 years or older legally entitled to possession of the animal concerned, and who has primary responsibility for the care of the animal.

(k) Peaceably and Lawfully means a person is upon the private property of an Owner of the animal when he is on such property in the performance of any duty imposed upon him by the laws of this state or any city or county, or by the laws or postal regulations of the United States, or when he is on such property upon invitation by the Owner or his/her designee, express or implied.

(l) “Person: [See, section 1.01.100]”.

(m) Severe Injury means any physical injury directly caused by an animal attack that consists of muscle tears, multiple punctures, broken bones or disfiguring lacerations, or which requires multiple sutures or corrective or cosmetic surgery.

(n) Vicious Animal means any animal, except a trained dog assisting a peace officer engaged in law enforcement duties, which meets any or all of the following criteria:

(1) Any animal previously designated as "dangerous," that, after investigation by an
Animal Control Officer and/or peace officer, is found under conditions which constitute a
violation of this chapter or applicable Dangerous Animal permit and which demonstrates
a significant danger to the public health or safety;

(2) Any animal seized under section 599aa of the Penal Code and/or upon the
sustaining of a conviction of the Owner or caretaker under subsection (a) of section
597.5 of the Penal Code;

(3) Any animal which inflicts severe injury on or kills a human being or another
animal;

(4) Any animal which has engaged in any aggressive behavior which demonstrates
that the animal represents a clear and present substantial danger to the public health or
safety and that, due to substantial risk to the public health or safety, it is unlikely that
the animal could be safely maintained under a Dangerous Animal permit.

(o) Wolf Hybrid means any offspring of domestic dogs bred to wild canids (e.g., wolves or coyotes) and their subsequent generations.

[History: ORD. 606, 9/10/03; ORD. 635, 10/12/05, ORD. 643, 4/12/06; ORD. 740, 4/8/15]

Animal Control Colma Municipal Code (January 2020) Page 8.01-2

(a) Responsibility. The Animal Control Program is responsible for the enforcement of this ordinance, and the duties of the Director thereof and his officers, agents, and employees shall include, but not be limited to, the following:

(1) To administer an animal control shelter and keep such records as may be
required by law or contract.

(2) To impound animals which are in violation of this ordinance, or for the
safekeeping of the animal to protect its health and welfare.

(3) To remove and dispose of the carcass of any animal found on any public
highway, street, alley, or other public place.

(4) To quarantine animals under the direction of the San Mateo County Health
Officer.

(5) To destroy and dispose of animals after due notice to the Owner and pursuant to
the procedures set forth herein.

(6) To sell, when appropriate, impounded animals after due notice to the Owner.

(7) To enforce all provisions of this ordinance.

(b) Scope of Authority of Humane Officers and Animal Control Officers. Humane Officers qualified and appointed pursuant to California Corporations Code section 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.

(c) Right to Contract for Animal Control Services. The City Council may contract for animal control services to be performed by San Mateo County.

[History: ORD. 606, 9/10/03; ORD. 635, 10/12/05; ORD. 740, 4/8/15]

Every dog or cat Owner, after his/her dog or cat attains the age of four (4) months of age and/or within ten working days of purchasing a license shall procure from a licensed veterinarian, an anti-rabies vaccination to be administered in the manner prescribed or approved by the State of California Department of Public Health. This vaccination shall be obtained prior to issuing a license for the dog or cat. In addition, proof of vaccination shall be provided to the licensing program.

[History: ORD. 606, 9/10/03; ORD. 740, 4/8/15]

Animal Control Colma Municipal Code (January 2020) Page 8.01-3

(a) Requirements. An annual license fee shall be paid for every dog or cat over the age of four (4) months owned or harbored in the Town of Colma. Said annual license fee shall be first due when the animal reaches four (4) months of age or within 60 days after the dog or cat is acquired, and due on the anniversary date of the original purchase date each year thereafter. New residents shall have sixty (60) days in which to acquire such license. Persons renewing their license shall have thirty (30) days following their due date before being delinquent and having to pay a late penalty. The fee for such license shall be as set forth in the Master Fee Schedule. The fee paid for the licensing of spayed or neutered dogs and cats shall be less than said license fee for unaltered cats or dogs upon presentation of the proper certification. The license fee paid by persons over the age of 60 shall be at a discount. For purposes of this section any surcharge on the license fee imposed under the Master Fee Schedule shall not be considered part of the license fee. Any person who shall fail to pay such license fee after said fee is due, or said dog or cat is required to be licensed, shall in addition to paying any past due license fee or fees, also pay a penalty in accordance with the Master Fee Schedule. A license shall be obtained, but no license fee shall be payable for the licensing of any dog being raised, trained or used to assist handicapped persons (such as those provided by Canine Companions) including but not limited to any dog which is being trained for guide or hearing purposes by a resident of the Town or used for guide or hearing purposes by a handicapped resident of the Town and which has come from a guide or hearing dog training facility such as Canine Companions, or for dogs which have served as a member of the armed forces of the United States of America, or any dog used by a local law enforcement agency for the purposes of crime prevention or control. Dog or cat licenses are not transferable between Owners; however, if the dog dies and the Owner acquires a new dog, the license is transferable to the new dog. The license does not have to be renewed until the original purchase anniversary date. The fee paid for a dog or cat license is not refundable.

(b) Exemptions. The licensing provisions in this ordinance are not applicable to the following:

(1) Dogs or cats used for diagnostic purposes or research, the use having been
approved by the California State Department of Health Services pursuant to section
1666 of the Health and Safety Code.

(2) Dogs or cats used for teaching purposes in recognized educational institutions.

(3) Dogs or cats owned by veterinarians which are licensed by the State and kept on
the premises used by said veterinarians in their practice.

(4) Dogs or cats kept by owners of pet shops for purposes of sale, for circuses, for
animal exhibits, or for other enterprises for which a business license has been granted
by the Town of Colma.

(c) Tags. The Licensing Program shall procure plates or tags which bear the number of the license or registration. A record shall be kept with the name of the Owner or possessor together with a description of the dog, cat, or wolf hybrid for which the license or registration is issued and the number of the license or registration, and a tag shall be provided to such person upon payment for such license or registration as provided by this chapter.

Animal Control Colma Municipal Code (January 2020) Page 8.01-4

(d) Duplicate Tags. Whenever a tag has been lost or stolen, the Owner or possessor of the cat, dog or wolf hybrid concerned may request a duplicate tag upon payment of the required fee and on making and subscribing to an affidavit of such loss and filing the same with the Licensing Program.

(e) Wearing of Tag Required. The Owner of a dog, cat, or wolf hybrid for which a license or registration is required shall affix such tag to a suitable collar, which collar shall remain on the dog, or wolf hybrid at all times.

(f) Alternative Identification/Implants. Animals with microchip implants or other permanent identification acceptable to San Mateo County Animal Control Services shall not be required to wear a tag or collar. All other licensing and registration requirements of this section shall apply to such dog, cat, or wolf hybrid.

(g) Records. The Owner or operator of any kennel, animal breeding facility, pet shop, or any place or establishment where animals are sold shall keep a permanent record of the name, address, and phone number of the purchaser of any dog, cat, or wolf hybrid along with the breed, color, sex, and age of each animal sold or given away and shall forward such information to the Animal Control Services within thirty (30) days thereafter. An Animal Control Officer shall have the right to inspect such records during normal business hours, with forty-eight (48) hours prior notice to the Owner or operator.

(h) Veterinarian Responsibilities. Every veterinarian who vaccinates or causes or directs to be vaccinated in the Town any dog, cat, or wolf hybrid with anti-rabies vaccine shall certify that such animal has been vaccinated. Every veterinarian shall submit to the licensing authority a copy of the County-approved anti-rabies vaccination form, within ten (10) days of the beginning of each month, for any dog, cat, or wolf hybrid which he/she vaccinates or directs to be vaccinated with anti-rabies during the previous month. An Animal Control Officer or Animal Licensing Officer shall have the right to inspect records of rabies vaccinations during normal business hours.

[History: ORD. 606, 9/10/03; ORD. 740, 4/8/15]

Notwithstanding section 8.01.040, a three-year license may be obtained for a cat or dog (excluding wolf hybrids) by submitting to the Licensing Program adequate proof of a three-year rabies vaccination of the animal to be licensed and payment of the applicable fees as set forth in the Master Fee Schedule. [History: ORD. 740, 4/8/15]

(a) Requirements. An annual registration fee shall be paid for every wolf hybrid over the age of four (4) months owned or harbored in the Town of Colma. Said registration fee shall be first due when the animal reaches four (4) months of age or within sixty (60) days after the animal is acquired and due on the anniversary date of the original purchase date each year thereafter. All residents shall have sixty (60) days in which to register their wolf hybrid. Persons renewing their registration shall have thirty (30) days following their due date before being

Animal Control Colma Municipal Code (January 2020) Page 8.01-5

delinquent and having to pay a late penalty. The registration fee shall be as set forth in the Master Fee Schedule. The registration fee for spayed or neutered wolf hybrids shall be less than said registration fee for unaltered wolf hybrids. At the time of registration, the wolf hybrid Owner must show proof that the animal has been given anti-rabies vaccination by a licensed veterinarian to be administered in the manner prescribed or approved by the State of California Department of Public Health.

[History: ORD. 606, 9/10/03; ORD. 740, 4/8/15]

(a) Every Owner or possessor of a dog shall at all times prevent such dog from biting or physically harassing any person engaged in a lawful act and from interfering with the lawful use of public or private property.

(b) Every Owner or possessor of a dog shall at all times prevent such dog from causing substantial injury to another domestic animal while such domestic animal is lawfully upon public or private property. Substantial injury means any injury which results in veterinarian treatment or death.

(c) Every Owner or possessor of a dog shall desist from commanding or provoking such dog to attack, sic or threaten a person when such person is peaceably and lawfully upon public or private property.

(d) Any person who violates any provision of subsections (a), (b), or (c) of this section is guilty of a misdemeanor. A trained dog assisting a peace officer engaged in law enforcement duties is excluded from this section.

(e) Nothing in subsection (a) of this section shall authorize the bringing of a criminal action arising out of bite(s) upon or physical harassment of members of the dog Owner’s or possessor’s household.

[History: ORD. 606, 9/10/03; ORD. 740, 4/8/15]

No owner or possessor of any animal shall cause or permit it to do any of the following:

(a) To be upon any public street, sidewalk, park, school ground, any public property, or upon any unenclosed premises in the Town of Colma unless the animal is properly licensed, if such licensing is necessary hereunder, and under the control of the Owner by being saddled, harnessed, haltered, or leashed by a substantial chain, lead rope, or leash, which chain, lead rope, or leash shall be continuously held by some competent person capable of controlling such animal.

(b) To trespass upon any private property without the consent of the owner thereof, and to knowingly permit the animal to remain upon the property or to habitually continue to trespass thereon.

Animal Control Colma Municipal Code (January 2020) Page 8.01-6

(c) To suffer or permit such animal to habitually bark or meow or act in such a manner as to continuously disturb the peace of any citizen or to be a public nuisance.

(d) To be without proper and adequate food, water, shelter, care, and attention as described to in section 597(f) of the Penal Code.

(e) Subsection (a) of this section shall not be applicable to cats.

[History: ORD. 606, 9/10/03; ORD. 740, 4/8/15]

(a) It shall be unlawful for any person to feed or offer food to any bird or wild animal in or on any sidewalk, street, highway or public property of the Town of Colma.

(b) It shall be unlawful for any person to feed or offer to any bird or wild animal in or on any private property in the Town of Colma, except for the following:

(1) Unintentional feeding of any wild animal as a result of leaving food at an
individual gravesite within a cemetery.

(2) Use of a bird or hummingbird feeders on detached single-family residentially
developed properties. Feeders shall be in such numbers that feeding does not create an
unreasonable disturbance that affects the rights of surrounding property owners or
creates a nuisance, does not create an accumulation of droppings on the property or
surrounding properties, and does not become an attractant for rodents or other wild
animals. Feeders are required to be suspended off the ground by a chain or other
method to prevent potential feeding of wild animals and rodents and shall be filled only
with bird seed and feed.

[History: ORD. 637, 11/09/05; ORD. 636, 12/14/05; ORD. 637, 11/9/05; ORD. 740, 4/8/15;
ORD. 798, 1/8/20]

(a) It is unlawful for the Owner or person having custody of any animal 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 animal upon private or public property not owned or controlled by the Owner or person having custody of such dog animal.

(b) No person having the care, custody, charge or control of any animal shall permit or allow that animal on any public sidewalk, public park or on any other public property, or on any private property owned by someone other than the Owner or person who has custody or control of the animal, unless that person has, in his or her possession, an implement or device capable of removing any feces deposited by the animal.

(c) The provisions of this section shall not be applicable to:

Animal Control Colma Municipal Code (January 2020) Page 8.01-7

(1) Any animal enrolled and participating in obedience classes or in any show for which the Town has issued a special event permit;

(2) Any guide dog while being used by a blind person; or

(3) Any domestic feline.

[History: ORD. 625, 12/8/04; ORD. 740, 4/8/15]

(a) No person, other than an individual actually working a dog or other animal for ranching purposes, shall transport or carry on any public highway or public roadway, any dog or other animal in a motor vehicle unless the dog or other animal is safely enclosed within the vehicle or protected by a cap or container, cage, cross-tether, or other device to prevent the animal from falling from, being thrown from, or jumping from said motor vehicle. As used herein "motor vehicle" includes, without limitation, automobile, pickup truck and trailer.

(b) No person shall leave a dog or other animal in any unattended motor vehicle without adequate ventilation, sanitary conditions, or in such a manner as to subject the animal to extreme temperatures which adversely affect the animal's health or safety.

(c) Notwithstanding any other provision of this ordinance, a violation of subsections (a) or (b) of this section shall be an infraction. Any Animal Control Officer or peace officer who witnesses such a violation shall have the right to impound the animal if, in his or her opinion, the animal's health or safety is or will be thereby endangered.

[History: ORD. 606, 9/10/03; ORD. 740, 4/8/15]

No person other than the Owner or person authorized by the Owner of the animal shall release any animal from any confinement, vehicle or restraint unless such release is necessary to the immediate health and safety of the animal. This section shall not apply to peace officers or Animal Control Officers.

[History: ORD. 606, 9/10/03; ORD. 740, 4/8/15]

(a) No person shall knowingly keep, have, maintain, sell, trade or let for hire an animal designated under the provisions of this chapter as dangerous without obtaining a Dangerous Animal permit from the Animal Control Officer. The animal Owner shall comply with all conditions of the Dangerous Animal permit including, but not limited to, all requirements of section 8.01.120 of this chapter. Any animal which is determined to be dangerous under this chapter and for which a permit has not been obtained shall be surrendered to an Animal Control Officer for appropriate disposition including humane destruction.

(b) If an Animal Control Officer or peace officer has investigated and determined that an animal is dangerous, the Animal Control Officer and/or peace officer shall deliver written notice

Animal Control Colma Municipal Code (January 2020) Page 8.01-8

of such determination to the Owner of the animal. Should the animal pose a threat to the public health and safety, an Animal Control Officer may immediately impound the animal.

(c) If, after investigation by an Animal Control Officer or peace officer, that officer determines that probable cause does not exist to believe the animal is dangerous, any interested person may appeal that determination by submitting within five (5) calendar days of the decision a written request to the Animal Control Officer or peace officer for a hearing and paying the required fee. The hearing shall be conducted according to the procedures set forth in section 8.01.115 of this chapter.

(d) In determining whether or not an animal shall be declared dangerous, the Animal Control Officer, peace officer or hearing officer appointed pursuant to section 8.01.115, may consider, as a mitigating factor or factors, whether, at the time of the injury, attack or molestation, the person or animal suffering the injury, attack or molestation:

(1) Provoked, tormented, teased, abused or assaulted the animal thereby causing or
contributing to the alleged behavior;

(2) Committed a willful trespass or other tort upon the private property of the Owner
or caretaker of the animal;

(3) Threatened or committed an unjustified attack or assault against the Owner,
caretaker or person in control of the animal.

(4) Or any other mitigating factors deemed appropriate for consideration by the
Animal Control Officer, peace officer or hearing officer.

(e) Upon receipt of written or oral notification by the Animal Control Officer and/or peace officer that an animal is dangerous as defined in this chapter, the Owner shall submit an application for a Dangerous Animal permit to the Animal Control Officer within five (5) calendar days. The application for a permit shall contain the name of the applicant, applicant's address, the applicant's home and business phone numbers, the address and description of the proposed location of where the animal will be kept, if different from applicant's, a complete description and a photograph of the animal. The permit shall contain all of the requirements of section 8.01.120 and any additional conditions or requirements deemed necessary by the Animal Control Officer or peace officer to protect the public health or safety.

(f) Should the Owner of the animal wish to contest the Dangerous Animal designation, the Owner may request a hearing, to be conducted according to the procedures set forth in section 8.01.115 of this chapter. The Owner shall submit a written request for a Dangerous Animal hearing to the Animal Control Officer and/or peace officer within five (5) calendar days of written notification by the Animal Control Officer and/or peace officer that the animal has been declared dangerous. Should the Owner not submit a request for a hearing within five (5) calendar days of notification, the hearing process shall be deemed waived by the Owner, and the Dangerous Animal declaration will be considered final by the County Director of the Health System, or the Town. In that event, the County Director of the Health System or the Town may allow the Dangerous Animal permit to be issued without a hearing. Unless a Dangerous Animal permit is immediately obtained, the animal shall be impounded at the Owner’s expense

Animal Control Colma Municipal Code (January 2020) Page 8.01-9

pending appropriate disposition as determined by the Animal Control Officer and/or peace officer.

[History: ORD. 606, 9/10/03; ORD. 635, 10/12/05; ORD. 740, 4/8/15]

(a) No person shall keep, have, maintain, sell, trade or let for hire an animal which has been designated as vicious pursuant to this chapter.

(b) If an Animal Control Officer and/or peace officer has investigated and determined that an animal is vicious, the Animal Control Officer and/or peace officer shall deliver to the Owner of the animal written notice of that determination. The Animal Control Officer and/or peace officer shall immediately impound or cause to be impounded the animal and shall cause the animal to be humanely destroyed unless the Owner requests a hearing under subsection (c) of this section.

(c) If the Owner of the animal disputes the designation of an animal as a Vicious Animal by the Animal Control Officer and/or peace officer he or she may submit a written request for a hearing to the Animal Control Officer and/or peace officer within five (5) calendar days of notification. Such hearing shall be conducted according to the procedures set forth in section 8.01.115 of this chapter. Failure of the Owner to request a hearing shall result in the animal being declared vicious and humanely destroyed. The Vicious Animal declaration will be considered final by the County Director of the Health System, or the Town.

(d) If, after investigation by an Animal Control Officer or peace officer, that officer determines that probable cause does not exist to believe that the animal is vicious, any interested person may appeal that determination by submitting within five (5) calendar days of the decision a written request to the Animal Control Officer or peace officer for a hearing and paying the required fee.

(e) In determining whether or not an animal shall be declared vicious, the Animal Control Officer, peace officer or hearing officer may consider, as a mitigating factor or factors, whether at the time of the injury, attack or behavior, the person or animal suffering the injury, attack or behavior for which the animal is being determined vicious:

(1) Provoked, tormented, teased, abused or assaulted the animal thereby causing or
contributing to the alleged behavior;

(2) Committed a willful trespass or other tort upon the private property of the Owner
or caretaker of the animal;

(3) Threatened or committed an unjustified attack or assault against the Owner,
caretaker or person in control of the animal; or

(4) Any other mitigating factors deemed appropriate for consideration by the Animal
Control Officer, peace officer or hearing officer.

[History: ORD. 635, 10/12/05; ORD. 740, 4/8/15]

Animal Control Colma Municipal Code (January 2020) Page 8.01-10

(a) No permit obtained under this section is transferable. If the Owner's address or the location where the animal is kept changes or the Owner transfers ownership of the animal, the permit shall become null and void and an application for a new permit must be submitted to the Animal Control Officer.

(b) The issuance of the permit shall be conditioned upon the animal Owner, possessor or permittee promising to adhere to the rules and regulations of this chapter specified in section 8.01.120 an to any reasonable criteria related to the proper care, control, maintenance and use of the animal which the peace officer or Animal Control Officer shall establish.

(c) A permit issued under this chapter is subject to renewal and approval each year and is subject to conditions and requirements existing as of the date of renewal. The permittee shall pay an annual fee for this permit pursuant to the procedures established by the Division of Animal Control Services of the County Health System. If permittee fails to file an application for renewal or pay the permit fee prior to the permit anniversary date the permit shall automatically become void. The fee for such permit shall be as set forth in the Master Fee Schedule. This fee shall not be refundable.

(d) If the Owner or permittee has a history of multiple violations of this chapter or of the conditions of any previously issued Dangerous Animal permit, the Animal Control Officer or hearing officer may deny the permit and impound the animal for appropriate disposition as determined by the Animal Control Officer or hearing officer.

[History: ORD. 606, 9/10/03; ORD. 635, 10/12/05; ORD. 740, 4/8/15]

(a) Hearings held under this chapter shall be conducted by a hearing officer or designated representative appointed by the Director of the San Mateo County Health System. Alternatively, the Town may elect to utilize the services of any San Mateo County designated hearing officer to hold hearings under this chapter, and may appoint any such hearing officer in its discretion. The hearings shall be scheduled no less than five (5) working days and no more than fifteen (15) working days from the receipt of the request for the hearing unless agreed upon by the involved Animal Control Officer or peace officer and the animal Owner. A hearing may be continued if the hearing officer deems it necessary and proper or if the Owner, or Animal Control Officer and/or peace officer shows good cause.

(b) The hearing shall be conducted in an informal manner consistent with due process of law. Both the Owner of the animal and Animal Control Officer and/or peace officer may be represented by counsel. The parties may present relevant evidence and call and cross-examine witnesses. The strict rules of evidence shall not be applicable. Any relevant evidence may be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs. The hearing shall be tape-recorded and all documentary evidence submitted at the hearing shall be preserved. Any party may arrange for a court reporter to be present. Any party desiring the presence of a court reporter shall make all necessary arrangements and shall be responsible for payment of all costs.

Animal Control Colma Municipal Code (January 2020) Page 8.01-11

(c) The hearing officer may exclude disorderly or disruptive persons from the hearing or make other orders as necessary to ensure the fair and orderly conduct of the hearing.

(d) The hearing officer may decide all issues for or against the Owner of the animal should the Owner fail to appear at the hearing.

(e) Within five (5) working days of the hearing, the hearing officer shall render a brief written decision, which decision shall be final at the administrative level. The written decision shall be mailed to the parties by certified mail and include a declaration or proof of mailing which includes the date on which the decision was mailed to the parties.

(f) Unless the hearing office for good cause otherwise determines, the Owner of the animal is liable for all costs as set forth in the Master Fee Schedule.

(g) The failure to conduct a hearing required by this section shall have no bearing on any criminal prosecution for violation of any provisions of this chapter.

(h) In the case of animals determined by an Animal Control Officer or peace officer to be dangerous or vicious, the hearing officer may decide any or all of the following:

(1) That the animal be designated “vicious” and the Owner of the animal lose all rights of ownership and control of the animal and the animal shall be humanely destroyed. An animal designated as vicious will be held at the animal shelter for a minimum of five (5) calendar days from the date of the hearing officer’s decision, after which time it may be humanely destroyed without further notice to the Owner;

(2) That the animal be designated “dangerous” and the Owner must apply for and
obtain a Dangerous Animal permit as provided by this chapter within five (5) calendar
days of receipt of the decision letter in order to maintain the animal and the Owner must
comply with all mandatory Dangerous Animal permit rules and regulations as defined in
section 8.01.120;

(3) That the Dangerous Animal permit shall contain additional permit conditions to
supplement the mandatory Dangerous Animal permit rules and regulations as defined in
section 8.01.120, including, but not limited to, the following:

(A) That the Owner keep the animal muzzled at all times when the animal is
off the Owner’s property;

(B) That the Owner prove financial responsibility by posting a bond or
certificate of insurance for an amount of $1,000,000 per animal as determined
by the hearing officer;

(C) That the Owner provide private behavioral and obedience training to the
animal, at the Owner’s expense and within the time set forth by the hearing
officer following the issuance of a Dangerous Animal permit. Proof of
participation, a report of behavioral assessment, and/or a certificate of
satisfactory completion from an animal behaviorist or organization approved by

Animal Control Colma Municipal Code (January 2020) Page 8.01-12

the hearing officer shall be provided to the Animal Control Officer within seven (7) calendar days following any required training;

(D) That the Owner comply with any other permit requirement the hearing
officer deems necessary to protect the public health or safety;

(E) That the Owner reimburse the victim for the victim’s medical expenses or
the victim animal’s veterinary expenses; and

(F) Pursuant to section 8.01.160 of this chapter, that the Dangerous Animal
permit be modified as ordered by the hearing officer, or revoked and the animal
humanely destroyed.

[History: ORD. 635, 10/12/05; ORD. 740, 4/8/15; ORD. 793, 5/22/19]

Any Owner of a Dangerous Animal shall insure compliance with the following rules and regulations which shall be mandatory requirements for any Dangerous Animal permit: (a) When the animal is off the property of its Owner, the Owner must ensure that the animal is restrained with a leash not to exceed four (4) feet in length and having a minimum tensile strength of 300 pounds and shall be under the direct control and supervision of the Owner or a person of such age, size and strength as can easily control such animal. Extraordinary care shall be taken by the Owner to ensure that such restraint is sufficient to control the animal in a manner which it will not endanger other persons or animals.

(b) The Owner shall maintain the animal so that it is not a threat to any mail carrier, sanitation worker, meter person, or other person who has the lawful right to enter the property.

(c) The Owner shall ensure that the animal is not kept upon any unenclosed premise unless it is leashed and controlled by a person capable of controlling such animal. The Owner shall ensure that the animal is not tethered, tied or staked at any unenclosed premise. The Owner shall ensure that the animal is not kept in a house or structure when the windows or doors are open or screen doors are the only obstacle preventing the animal from exiting the structure.

(d) The Owner shall ensure that the animal is kept in a fenced yard, kennel, run or enclosure approved by the Animal Control Officer or peace officer. The Owner shall ensure that all structures used to confine the animals are locked with a key or combination lock when such animals are within the structure. The Owner shall regularly inspect the fenced yard, kennel, run or enclosure to ensure that it is secure to maintain the animal.

(e) The Owner shall open premises upon which an animal is maintained at any reasonable hour for inspection by the Animal Control Officer or peace officer and said premises shall be surrendered for inspection by the Owner upon the request of the Animal Control Officer or peace officer. The Owner shall pay a fee for the costs incurred by the County or the Town for the inspection or re-inspection of property. Such fee shall be set forth in the Master Fee Schedule.

(f) The Owner of the Dangerous Animal shall post the entrances to the property where the animal is kept with a legible sign conspicuous to the public, warning persons of the presence of

Animal Control Colma Municipal Code (January 2020) Page 8.01-13

a Dangerous Animal. The Owner of the Dangerous Animal shall obtain an approved sign from the Animal Control Program for a non-refundable fee and shall surrender such sign in the event of the revocation of the permit, death of animal, or approved relocation of the animal, or upon any other reasonable demand by an Animal Control Officer.

(g) The Owner of any Dangerous Animal must advise all members who reside in the same household and on the same premises of the conditions established by the permit for keeping or maintaining said Dangerous Animal.

(h) The Owner shall strictly comply with all local and state laws, rules and regulations regarding the care, use, control and maintenance of animals.

(i) In addition to a license, the Owner shall ensure that the animal shall at all times wear a separate tag issued by the Division of Animal Control Services which designates it as a Dangerous Animal. The Owner shall ensure that the Dangerous Animal be microchipped and registered with the Animal Control Program for a fee specified by the Master Fee Schedule within thirty (30) calendar days from the date the permit was issued. The animal Owner shall be responsible for payment of said fee which shall be utilized by the Animal Control Program to offset the cost of the chip and to maintain the registration program.

(j) The Owner shall have the animal spayed or neutered by a licensed veterinarian, at the Owner’s expense, within fifteen (15) calendar days from the date the permit was issued. The Owner shall present written proof to the Animal Control Officer that the surgery was performed. In the event an animal cannot be safely spayed or neutered due to medical reasons, the Owner shall present written proof from a licensed practicing veterinarian to the Animal Control Officer that said animal cannot be spayed or neutered.

(k) The Owner may not sell, transfer or otherwise dispose of such animal to another County or City without notifying the Animal Control Program at least twenty-four (24) hours before such sale, transfer or disposal. The Animal Control Program will notify the proper authorities of the jurisdiction to which the Dangerous Animal is transferred. Should the Owner of a Dangerous Animal wish to transfer ownership of the animal to another individual within San Mateo County, the new Owner must submit to a property inspection, apply for and obtain a new Dangerous Animal permit, pay all requisite fees, and comply with all provisions of this chapter and the requirements of the permit.

(l) No more than two Dangerous Animals may be kept at any one household.

(m) The Owner shall not allow any animal designated “dangerous” as the result of aggression against human(s) to be kept on property or within a household in which a juvenile person under the age of eighteen resides.

(n) The Owner of a Dangerous Animal must notify the Animal Control Officer of the animal’s death within twenty-four (24) hours and shall produce the animal’s body for verification upon request. The Owner of a Dangerous Animal must notify the Animal Control Officer immediately in the event the animal becomes lost or stolen.

(o) The Owner must pay all permit and property inspection fees as described in the Master Fee Schedule.

Animal Control Colma Municipal Code (January 2020) Page 8.01-14

(p) The Owner shall comply with all other permit conditions or requirements imposed pursuant to section 8.01.115 or 8.01.100(a).

[History: ORD. 606, 9/10/03; ORD. 635, 10/12/05; ORD. 740, 4/8/15]

[History: ORD. 606, 9/10/03; ORD. 635, 10/12/05, ORD. 643, 4/12/06; ORD. 740, 4/8/15]

Vicious Declaration.

No person who has been determined to be in possession or ownership of a Vicious Animal or a Dangerous Animal for which a permit has been revoked under this chapter shall be granted any Dangerous Animal permit for a period of three years following such determination or revocation.

[History: ORD. 606, 9/10/03, ORD. 635, 10/12/05; ORD. 740, 4/8/15]

A fee shall be charged for the costs incurred by the County or the Town for the inspection or re- inspection of property. The fee charged shall be paid by the Owner or person who has custody of the animal. Such fee shall be set forth in the Master Fee Schedule.

[History: ORD. 606, 9/10/03; ORD. 740, 4/8/15]

(a) Subject to the provision of subsection (b), any permit issued pursuant to this subchapter may be revoked or modified by the inclusion of additional requirements or otherwise, if the Animal Control Officer has reasonable cause to believe any of the following to be true:

(1) The Dangerous Animal Owner or any person the Owner has allowed to have
possession of the animal has violated any local animal ordinances, or is in violation of
any zoning, health and safety or building ordinance or Penal Code section relating to the
keeping, care or use of any animals;

(2) The Owner or any person the Owner has allowed to have possession of the
animal has violated any rules, regulations or conditions of this chapter including but not
limited to Dangerous Animal permit conditions, or any requirement imposed by the
Animal Control Officer, peace officer or hearing officer as necessary to insure the animal
will not endanger the peace, health or safety of any person or property; or

(3) The Owner has changed the location of his residence or his place of business or
sells, assigns, transfers, donates, leases, or otherwise disposes of the animal for which
the permit was issued.

(b) In the event that it is reasonably necessary to protect against a threat to the health or safety of the public, or of any animal, the Animal Control Officer or peace officer may impound or cause to be impounded the animal while an investigation is taking place.

Animal Control Colma Municipal Code (January 2020) Page 8.01-15

(c) If, after investigation, the Animal Control Officer or peace officer concludes that it is probable that one or more of the above grounds for revocation or modification of the permit has occurred, the Officer shall cause written notice thereof to be transmitted to the Owner. Said notice shall specify the grounds of revocation or modification of the permit. Should the Owner of the animal wish to contest the revocation or modification of the permit, he or she may request a hearing to be held before a hearing officer not previously involved with the permit issuance or investigation, as designated by the Director of Health System, or the Town, within five (5) calendar days of receiving the notice of intent to modify or revoke permit. Said hearing date shall be not less than five (5) working days or more than 15 working days subsequent to the date the request for hearing is received. The hearing shall be conducted as set forth in section 8.01.115 of this chapter. After the hearing, the hearing officer conducting the hearing may modify the terms of the permit or revoke the permit depending upon the Owner's ability to comply with the requirements of this chapter and to control the animal so that the health, safety and property of the public are protected.

(d) Upon written or oral notification by the Animal Control Officer, or hearing officer if a hearing was held, of any modifications to a Dangerous Animal permit, the Owner shall immediately comply with such modified permit requirements.

(e) Upon written or oral notification by the Animal Control Officer, or hearing officer if a hearing was held, of the revocation of a permit for a Dangerous Animal, the Owner of such animal shall within two (2) calendar days of such notification surrender said animal to an Animal Control Officer to be humanely destroyed, or provide written proof to an Animal Control Officer in the form of declaration(s) under penalty of perjury that such animal has been permanently removed from the County of San Mateo and declaring the new location or new address where the animal is to be kept.

[History: ORD. 606, 9/10/03; ORD. 635, 10/12/05; ORD. 740, 4/8/15]

(a) Every animal kept or found by an Animal Control Officer or peace officer under conditions which constitute a violation of this chapter or other state or local law may be impounded or caused to be impounded by an Animal Control Officer or peace officer. The animal's Owner shall be charged with all costs incurred or fees applicable with respect to such impoundment.

(b) When the Animal Control Officer or peace officer has reasonable cause to believe that any animal is dangerous or vicious the Animal Control Officer or peace officer may also impound or cause to be impounded the animal and keep it for such period not to exceed fifteen (15) days in order to observe, examine and determine whether or not such animal is dangerous or vicious.

(c) Any animal subject to Dangerous or Vicious Animal proceedings may be impounded at the discretion of the Animal Control Officer or peace officer pending notice, hearings and determinations hereunder and until any required permit is obtained.

(d) Except as otherwise provided in this chapter or state law, an impounded animal may be redeemed by the Owner, after payment of the required fees and charges and compliance with

Animal Control Colma Municipal Code (January 2020) Page 8.01-16

licensing requirements. In the event such animal is not so redeemed within the time set forth by state law, it may be disposed of in the manner determined by an Animal Control Officer.

[History: ORD. 606, 9/10/03; ORD. 635, 10/12/05; ORD. 740, 4/8/15]

Within twenty-four (24) hours of the impoundment of any animal, the Animal Control Officer shall mail a written notice thereof to the place of business or residence of the Owner of the animal if known. In the event the animal may not be redeemed as provided by subsection (d) of section 8.01.170, the Owner may request a hearing under section 8.01.115, subsections (a) – (g) of this chapter or applicable state law. The Animal Control Officer shall maintain records of said impoundment pursuant to section 8.01.200 of this chapter.

[History: ORD. 606, 9/10/03; ORD. 635, 10/12/05; ORD. 740, 4/8/15]

[History: ORD. 606, 9/10/03; ORD. 740, 4/8/15]

The Animal Control Program shall keep a record of all animals impounded, which record shall include a description of the animal, the date of its receipt, the date and manner of disposal, the name of the person redeeming or purchasing, and the fees and charges and proceeds of sales received on account thereof, and such additional matters as may be necessary and incidental to implementing this ordinance. Said records shall be kept for four years.

[History: ORD. 606, 9/10/03; ORD. 635, 10/12/05; ORD. 740, 4/8/15]

A fee shall be charged for any animal impounded by an Animal Control Officer or peace officer and returned by the officer in the field to the Owner or person who has custody of the animal. The fee charged shall be paid by the Owner or person who has custody of the animal. Such fee shall be set forth in the Master Fee Schedule.

[History: ORD. 606, 9/10/03; ORD. 740, 4/8/15]

(a) Except as otherwise provided by this ordinance or by any other law, the Owner or person entitled to the control or custody of any animal impounded may, at any time before the sale or other disposition thereof, redeem the same by paying all proper fees assessed by Animal Control Services. The Animal Control Services shall issue to the Owner duplicate receipts for the amount of the fee paid.

(b) Upon redemption of any impounded unaltered animal, the Owner will be required to pay a spay/neuter fee in addition to all applicable impound and redemption fees imposed under the Master Fee Schedule. Such fee shall be refundable upon proof of the spay/neuter of the animal

Animal Control Colma Municipal Code (January 2020) Page 8.01-17

within thirty (30) days of the redemption date. Any unaltered animal impounded twice or more within a three-year period shall be altered at the Owner’s expense prior redemption. At the option of the Owner, required spaying or neutering may be performed by a private veterinarian.

(c) Any Owner of an impounded animal subject to mandatory spay/neuter under subsection (b) of this section may petition, in writing, for a hearing conducted by the Animal Control Program Manager or his or her designee within three days following notice of the second impoundment. The hearing shall be held within four working days of such petition and shall be subject to the provisions of section 8.01.115, subsections (a) through (g) of this chapter. After the hearing, the hearing officer may require that the animal be spayed or neutered at the Owner's expense, unless the hearing officer determines that good cause exists for not requiring that the animal be spayed or neutered.

[History: ORD. 606, 9/10/03; ORD. 635, 10/12/05; ORD. 740, 4/8/15; ORD. 793, 5/22/19]

Fees for animal shelter services shall be as set forth in the Master Fee Schedule. No animal shall be released to its Owner or possessor unless and until such fees are paid in full.

[History: ORD. 606, 9/10/03]

No impounded dog may be redeemed unless and until its license fee and applicable penalty has been paid.

[History: ORD. 606, 9/10/03]

The San Mateo County Health System may determine and declare that rabies or other contagious diseases are epidemic or that other health and safety hazards exist among dogs or other animals within the Town. Upon the making of such a declaration, the County Health Officer shall prepare and promulgate such orders, rules, and regulations as are necessary for appropriate control of all the animals concerned within the Town. Said rules and regulations of the County Health Officer may include, but are not limited to, impoundment, quarantine, vaccination, or destruction. It shall be the duty of Animal Control Officers to assist the County Health Officer in carrying out such rules and regulations.

[History: ORD. 606, 9/10/03; ORD. 740, 4/8/15]

It is the duty of every person having knowledge that any animal has bitten a human being to report that fact immediately to the County Health System, the Animal Control Program or to the Colma Police Department.

[History: ORD. 606, 9/10/03; ORD. 740, 4/8/15]

Animal Control Colma Municipal Code (January 2020) Page 8.01-18

A fee shall be charged for the costs incurred by the County or the Town for the quarantine of animals including but not limited to investigation, inspection of property, confinement, examination and release of the animal from quarantine. The fee charged shall be paid by the Owner or person who has custody of the animal. Such fee shall be in addition to the actual costs of the Health Officer or his designee in housing, feeding and otherwise caring for a quarantined animal. Such fee shall be set forth in the Master Fee Schedule.

[History: ORD. 606, 9/10/03; ORD. 740, 4/8/15]

Animal Control Service fees for redemption of impounded animals, relinquishment, adoption, disposal, abatement, rescue, veterinary treatment or other services pursuant to this chapter, shall be set forth in the Town of Colma Master Fee Schedule, Subchapter 10 of Chapter 1 of the Colma Administrative Code, as amended from time to time by the City Council, which is hereby incorporated into this chapter by this reference. Fees for costs incurred in the provision of services by the Animal Control Program that are not specified in the Master Fee Schedule shall be reviewed by the Director of Health System or his/her designee and established based on the Director’s evaluation of what fee is necessary to reimburse the Animal Control Program for its costs incurred in providing the service. In the event the cost is incurred by the Town, the City Manager or his/her designee shall review the fee and determine if the fee is necessary to reimburse the Town for costs incurred in providing services. The Director of Health System or his/her designee or the City Manager or his/her designee shall have the authority to determine the fee charged for said services. The fee charged shall be paid by the Owner or person who has custody of animal(s) for which said services have been provided.

[History: ORD. 606, 9/10/03; ORD. 740, 4/8/15]

Fees and charges shall be set forth in the Town of Colma Master Fee Schedule, which may be amended from time to time by resolution of the City Council.

[History: ORD. 606, 9/10/03; ORD. 740, 4/8/15]

(a) Except as specifically stated elsewhere, any violation of the provisions of this ordinance, including those provisions relating to required fees, shall be punishable as an infraction, the penalty for which is set forth in section 1.05.020, et seq. of this Code.

(b) Notwithstanding subsection (a), any person violating any provision of sections 8.01.100(a) or 8.01.105(a) shall be guilty of a misdemeanor.

[History: ORD. 606, 9/10/03, ORD. 643, 4/12/06; ORD. 740, 4/8/15]

Animal Control Colma Municipal Code (January 2020) Page 8.01-19

All revenue derived from the fee schedule and from fines, forfeitures, and penalties related to the enforcement of this ordinance shall be used to offset the cost of enforcement and administration of this ordinance and the Animal Control Program.

[History: ORD. 606, 9/10/03; ORD. 740, 4/8/15]

Animal Control Colma Municipal Code (January 2020) Page 8.01-20

CHAPTER EIGHT: ANIMALS

Subchapter 8.02: Spaying, Neutering and Breeding

For the purposes of this chapter, the definitions contained in Section 8.01.010 shall apply.

[History: ORD. 606, 9/10/03]

(a) Any person who owns or harbors within the Town of Colma, any cat or dog over the age of six months which has not been spayed or neutered, shall procure either a license to keep an unaltered dog or cat or a license and permit for breeding cats or dogs issued by the San Mateo County Animal Control Program under section 8.02.030 of this chapter.

(b) A license shall be issued for an unaltered dog or cat if the Owner signs a written statement that such animal will not be allowed to breed unless the Owner has first obtained a breeding permit under section 8.02.030 of this code.

(c) Any person providing care or sustenance for a period of thirty days or longer shall be deemed the Owner of such animal and shall adhere to the provision of the section.

(d) Subsection (c) above shall not be interpreted to apply to a person caring for barn cats or a colony of feral cats if such person:

(1) Registers (at no charge) with the Peninsula Humane Society or the San Mateo
County Animal Control Services as a caretaker for barn cats or feral cats.

(2) Regularly feeds or arranges for the feeding of the cats, including on weekends
and holidays;

(3) Traps or makes a reasonable effort to trap all barn or feral cats over the age of
eight (8) weeks in his/her care, and has them spayed or neutered;

(4) Has all trapped cats tested for feline leukemia and has those who test positive
humanely euthanized or isolated indoors;

(5) Identifies barn or feral cats that have been spayed or neutered by means of ear
notching, ear tipping, or ear tagging;

(6) Has all trapped cats vaccinated according to state and local laws.

[History: ORD. 606, 9/10/03; ORD. 740, 4/8/15]

Spaying, Neutering & Breeding Colma Municipal Code (April 2015) Page 8.02-1

(a) No person shall cause or allow any dog or cat owned or harbored, in the Town of Colma, to breed without first obtaining a breeding permit under this section.

(b) The San Mateo County Animal Control Services shall administer a permit program to allow breeding of cats and dogs consistent with criteria and according to procedures contained in this chapter.

(c) Each applicant who is issued a permit to breed cats or dogs under this section shall pay a breeding permit fee according to the fee schedule contained in the Master Fee Schedule of this code.

(d) No person shall cause or allow the breeding of a male or female dog or cat without first obtaining a breeding permit issued by the Animal Control Services. Such breeding permit is required in addition to any license required under section 8.01.040 of this code. Breeding permits shall be valid for twelve (12) months, renewable on an annual basis. Fees for such permit shall be as set forth in the Master Fee Schedule. All breeding permits shall contain the following terms and conditions and be subject to all of the following requirements:

(1) No offspring may be sold or adopted and permanently placed until reaching an
age of at least eight (8) weeks.

(2) No offspring may be sold or adopted until immunized against common diseases,
or until they have begun a course of disease prevention under the direction of a State of
California licensed veterinarian.

(3) If within one year of placement a new Owner becomes unable or unwilling to
continue ownership and responsibility for an animal, the permit holder shall assist in
placement of the animal. If no suitable placement can be found within six (6) months,
the permit older shall accept return of the animal, if healthy and shall become fully
responsible for its care.

(4) Any permit holder advertising to the public the availability of any animal for
adoption or sale must prominently display the permit numbers in any publications in
which they advertise. Further, the permit number must be provided to any person
adopting or purchasing an animal bred by the permit holder.

(5) The breeding permit holder shall adhere to minimum standards regarding the
care and keeping of animals developed and approved by the Animal Control Services.

[History: ORD. 606, 9/10/03; ORD. 740, 4/8/15]

Spaying, Neutering & Breeding Colma Municipal Code (April 2015) Page 8.02-2

(a) Any person who provides or offers to the public, whether or not for compensation, any cat, dog, or wolf hybrid shall provide to their clients, free of charge, information relating to pet care and ownership, including information where applicable, on Town laws pertaining to animal control. This required information will be prepared and provided by San Mateo County Animal Control Services upon request.

(b) Any person offering cats, dogs, or wolf hybrids for sale or adoption shall disclose to any purchaser or adoptive Owner information regarding the licensing, registration or permit requirements of the Town of Colma applicable to such animal.

(c) No person shall offer for sale or adoption any cat, dog, or wolf hybrid on any public street, sidewalk or public park unless such person first obtains a business license to sell pets or is a recognized pet rescue/adoption agency such as Pets in Need and the Peninsula Humane Society.

(d) Prior to release for adoption, any animal adopted from any animal welfare agency shall be spayed or neutered as early as is medically appropriate, unless the adoptive Owner obtains a certificate from a licensed veterinarian certifying as to the health reasons for failing to alter such animal.

[History: ORD. 606, 9/10/03; ORD. 740, 4/8/15]

(a) Any permit issued pursuant to section 8.02.030 may be revoked if the Animal Control Officer has reasonable cause to believe any of the following to be true:

(1) The permittee has violated any Town ordinances relating to the keeping, care or
use of any animal including, but not limited to, those contained in sections 8.01, 8.02
and 8.03 of the Colma Municipal Code;

(2) The permittee is in violation of any State health or safety law or regulation
regarding animal care or control;

(3) The permittee has failed to comply with any condition or requirement of the
permit or has failed to pay any fee imposed under this code;

(4) The permittee refused to allow inspection, upon forty-eight hours written notice,
of any animal covered by the permit or the premises on which the animal is kept; or

(5) The permittee has transferred, sold or otherwise disposed of the animal for
which the permit was issued.

Spaying, Neutering & Breeding Colma Municipal Code (April 2015) Page 8.02-3

(b) If, after inspection, the Animal Control Officer concludes that it is probable that one or more of the above grounds for revocation has occurred, it shall cause written notice thereof to be transmitted by mail to the address of the permittee. Said notice shall specify the grounds of possible revocation of the permit and shall specify a date and time for an informal hearing to be held before an Animal Control Officer. Said date shall be not less than five days subsequent to the date the notice is mailed. After the informal hearing, the Animal Control Officer may modify the terms of the permit or revoke the permit.

(c) The permittee may appeal the decision of the Animal Control Officer to the Town if the permittee gives written notice of such appeal within five working days of the decision.

[History: ORD. 606, 9/10/03; ORD. 740, 4/8/15]

Except as otherwise provided by this subchapter, any violation of any of the provisions of this subchapter shall be punishable as an infraction, the penalty for which is set forth in section 1.05.020 et seq. of this Code.

[History: ORD. 606, 9/10/03, ORD. 643, 4/12/06; ORD. 740, 4/8/15]

The Animal Control Program shall be responsible for the enforcement and administration of this chapter.

[History: ORD. 606, 9/10/03]

Spaying, Neutering & Breeding Colma Municipal Code (April 2015) Page 8.02-4

CHAPTER EIGHT: ANIMALS

Subchapter 8.03: Animal Fanciers Permit

(a) No person may keep more than four dogs or cats, or dogs and cats, at any one location unless that person has first obtained an Animal Fanciers Permit in accordance with this subchapter.

(b) The County Division of Animal Control shall administer an Animal Fancier Permit program as described by this chapter to allow the keeping of dogs and/or cats up to a total of ten animals.

[History: ORD. 606, 9/10/03; ORD. 740, 4/8/15]

Any application for an Animal Fancier Permit shall be made to the County Division of Animal Control on a form provided by the Division. The application shall include the name of the applicant, his or her residence address and telephone number, the address of the proposed location where the animals are to be kept if different from applicant's address, and a description of the housing facilities for the keeping of the animals. The application shall also state the number of dogs and/or cats to be kept and include a copy of the current license certificate issued under section 8.01.040 of this code for each animal to be kept. The Animal Control Program Manager may require the applicant to provide any other information he or she seems necessary to properly evaluate the application.

[History: ORD. 606, 9/10/03; ORD. 740, 4/8/15]

(a) An application for an Animal Fancier's Permit shall include a statement from the applicant that:

(1) Keeping of the animals at the proposed location will not violate any federal, state
or local laws or regulations.

(2) Appropriate facilities of sufficient size exist at the proposed location to safely and
adequately secure, feed, house, exercise and maintain the animals.

(3) The proposed location consists of a lot or lots of sufficient size to safely and
adequately house, maintain and exercise the animals without disturbance to adjacent
property owners or the public.

Animal Fanciers Permit Colma Municipal Code (April 2015) Page 8.03-1

(4) Possession and maintenance of the animals at the proposed location will not result in the animals being subject to neglect, cruelty, or abuse.

(5) The applicant has neither had any animal license or permit revoked, nor has
been convicted of any violation of any provision of sections 8.01, 8.02 and 8.03 1of this
code or any other state or local animal control law, within the past year.

(6) The keeping and maintenance of the animal will not create a public or private
nuisance or endanger the public health, safety or welfare.

(7) The keeping of the animals at the proposed location complies with all Town
zoning regulations.

(b) The Animal Control Program Manager may investigate or require any further information or documentation which would assist in determining whether the statements made by the applicant are correct and whether the permit should be issued.

[History: ORD. 606, 9/10/03; ORD. 740, 4/8/15]

(a) Any permit issued under this chapter shall be made expressly subject to the following conditions:

(1) The permit holder shall provide veterinary care as needed and make every effort
to keep all animals free of disease and parasites.

(2) The permit holder shall keep the animals' living quarters clean and sanitary.

(3) Any cages or structures housing animals shall be of a sufficient size to insure the
health, safety and comfort of the animals and shall be placed at least three (3) feet from
any lot line in residential areas.

(4) Any other conditions which the County Division of Animal Control determines is
reasonably necessary to protect the welfare of the animals kept or the public, health,
safety or welfare.

(b) The fancier permit fee established under the Master Fee Schedule of this code shall be paid by the applicant prior to issuance of the permit. Such fee shall be paid each time a permit is issued or renewed.

[History: ORD. 606, 9/10/03; ORD. 740, 4/8/15]

Animal Fanciers Permit Colma Municipal Code (April 2015) Page 8.03-2

(a) The Animal Control Program Manager may require any permit holder to produce for inspection any required animal license, permit or certificate of vaccination.

(b) The Animal Control Program Manager may, with 48 hours notice to the permit holder, conduct such inspections of the premises upon which animals are kept under a fancier's permit, as necessary to insure compliance with the conditions of the permit.

(c) Such inspection of the premises shall be based on the direct observations of an Animal Control Officer or upon a non-anonymous compliant.

[History: ORD. 606, 9/10/03; ORD. 740, 4/8/15]

(a) Permits issued under this chapter shall expire one year after issuance.

(b) Permits may be renewed on an annual basis upon filing of a new application containing updated information and payment of the annual Fancier's Permit fee established by the Master Fee Schedule.

(c) No permit shall be renewed if the Animal Control Program Manager has received two (2) or more substantiated complaints concerning the location or manner of keeping of the animals or if the Animal Control Program Manager has determined that the findings set forth in section 8.03.030 cannot be made or that any of the grounds for revocation described by section 8.03.060 of this chapter exist.

[History: ORD. 606, 9/10/03; ORD. 740, 4/8/15]

Any permit issued under this chapter may be revoked by the Animal Control Program Manager if, after investigation, the Animal Control Program Manager finds reasonable cause to believe any of the following grounds exist:

(a) The permittee has violated any animal control laws or regulations, any zoning or health and safety laws or any regulations relating to the keeping of animals;

(b) The permittee has failed to keep and maintain in a clean and sanitary condition the premises on which the animals are kept;

(c) The permittee has acted in an inhumane or cruel manner in the treatment of the animals;

Animal Fanciers Permit Colma Municipal Code (April 2015) Page 8.03-3

(d) The permittee has failed to provide any animal with proper food, water, exercise, shelter or veterinary care;

(e) The permittee has failed to comply with all conditions of the permit;

(f) The permittee has failed to pay any fee or obtain any license imposed under this chapter; or

(g) The permittee has provided false information in the permit application or has failed to cooperate in allowing inspection of the premises by the Animal Control Program Manager.

[History: ORD. 606, 9/10/03; ORD. 740, 4/8/15]

(a) Prior to revocation of a permit, the Animal Control Program Manager shall provide written notice to the permittee of its intention to revoke the permit. Such notice shall contain a statement of the grounds supporting permit revocation and shall advise the permittee that the permit will be revoked unless a hearing before the Director of the Health System or his/her designee is requested in writing to the Animal Control Program Manager within ten (10) days of the mailing of the notice. Any request for a hearing must specify the reasons the license should not be revoked and why the grounds cited in the notice do not exist.

(b) Upon receipt of a request for hearing, the Animal Control Program Manager shall schedule a hearing before the Director of the Health System or his/her designee and shall provide the permittee with reasonable written notice of the date, time and place of the hearing.

(c) At the hearing, the petitioner and the Animal Control Program Manager may be represented by counsel, present oral and written evidence and cross-examine witnesses. The strict rules of evidence need not apply. Any relevant evidence may be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs. In this regard, written statements, records or reports by a state or county officer or employee, or any law enforcement or fire protection officer or employee, or the Animal Control Program or its agents, acting in the course and scope of their official duties, or written statements by any person made under penalty of perjury, may be admitted as evidence that the facts or conditions expressed therein do or do not exist.

(d) After the hearing, the hearing officer may revoke the permit or may impose additional conditions in order to allow continuation of the permit if he or she finds that substantial evidence supports the decision by the Animal Control Program Manager to revoke the permit. Alternatively, the hearing officer may determine that the permit should not be revoked.

(e) After a permit is revoked, the Animal Control Program Manager shall allow the permit holder reasonable time, not to exceed 90 days, to relocate those cats and dogs which may not be kept without an Animal Fancier Permit: except that if the cause of revocation involves health

Animal Fanciers Permit Colma Municipal Code (April 2015) Page 8.03-4

or safety concerns or violations or animal neglect or cruelty the Animal Control Program Manager may immediately impound all of the animals.

[History: ORD. 606, 9/10/03; ORD. 740, 4/8/15]

If a license has been denied or revoked, the Animal Control Program Manager shall not accept a new application by the same person or member of the person's household less than twelve (12) months after such denial or revocation unless the applicant shows and Animal Control Program Manager determines that the grounds upon which the first license or application was denied or revoked no longer exist. Upon revocation, no part of the permit fee shall be refunded.

[History: ORD. 606, 9/10/03]

The Animal Control Program Manager may formulate administrative guidelines in conformity with, and for the purpose of implementing, this chapter.

[History: ORD. 606, 9/10/03]

Upon receipt of a nuisance complaint regarding the holder of an Animal Fancier Permit, the Animal Control Program Manager ("Manager") may require the complainant(s) to mediate with the Animal Fancier permit holder as a precondition of investigation, citation and abatement of the nuisance. Such cases may be referred to the County Mediation Program. If the Manager determines mediation is appropriate and the complainants agree to mediate but the alleged violator refuses, the Manager may proceed with investigation and any appropriate enforcement.

[History: ORD. 606, 9/10/03]

Animal Fanciers Permit Colma Municipal Code (April 2015) Page 8.03-5

CHAPTER EIGHT: ANIMALS

Subchapter 8.04: Regulating Livestock Animals

Division 1: General

(a) Except as expressly provided herein, no person shall keep, maintain or operate any premises in the Town of Colma for the purpose of maintaining, keeping or feeding hogs, pigs or swine, cattle, horses, goats, sheep, mules or any other livestock.

(b) Nothing contained herein shall prohibit a governmental organization from making temporary use of goats for one (1) week out of a calendar year solely for the purposes of weed abatement. Such use shall immediately cease if the City Manager or his or her designee determines the public health, safety or welfare is at risk.

[History: ORD. 606, 9/10/03; ORD. 701, 9/14/11; ORD. 740, 4/18/15]

The keeping, maintaining or feeding of hogs, pigs or swine, cattle, horses, goats, sheep, mules or any other livestock contrary to the provisions or requirements of this ordinance is declared a public nuisance.

[History: ORD. 606, 9/10/03]

Division 2: Repealed

Division 3: Infractions; Exceptions

Any person violating any provisions of this subchapter, or who shall keep, maintain or operate any premises in the Town of Colma for the purpose of maintaining, keeping or feeding hogs, pigs, or swine, cattle, horses, goats, sheep, mules, or any other livestock in violation of the terms of this subchapter shall be guilty of an infraction.

[History: ORD. 606, 9/10/03]

Notwithstanding the other provisions of this subchapter, the City Council is empowered to grant permits authorizing non-profit organizations to maintain, keep or feed swine, cattle, horses and livestock. Such a permit shall be granted in compliance with the following requirements:

(a) Application for such permit shall be made in writing to the City Council on a form provided by the City Clerk;

Regulating Livestock Animals Colma Municipal Code (April 2015) Page 8.04-1

(b) The applicant shall be a non-profit organization;

(c) The primary purpose and effect of the project shall be for the education of the individuals participating in the project. The Education shall be in such areas as animal care and husbandry;

(d) The project shall be kept and maintained in compliance with proper health and sanitation standards and shall be subject to periodic inspection by the City Health Officer;

(e) The project shall not be kept and maintained as to constitute a public nuisance as that term is defined in California Civil Code section 3479.

[History: ORD. 606, 9/10/03]

Upon request of the City Health Officer, or upon written application submitted by a resident or property owner of the Town of Colma, the Council shall notice a public hearing to determine whether the permit shall be revoked. The Council shall revoke the permit if it determines that the preponderance of the evidence at the hearing establishes that any of the requirements of the permit have not been complied with.

[History: ORD. 606, 9/10/03]

Regulating Livestock Animals Colma Municipal Code (April 2015) Page 8.04-2

CHAPTER EIGHT: ANIMALS

Subchapter 8.05: Poultry and Fowl

The City Council finds that noise and smell from poultry or fowl, including chickens, ducks, turkeys, geese, squabs, pigeons or partridges, can become a nuisance to surrounding property owners, unless such poultry or fowl are kept and confined within an enclosure that is at least 125 feet, and for roosters 500 feet, from a dwelling unit.

[History: ORD. 362, 1/13/1988; ORD. 606, 9/10/2003; ORD. 621, 10/13/2004]

No person, firm or corporation shall keep, or allow to be kept, on any property within the Town of Colma any poultry or fowl, including chickens, ducks, turkeys, geese, squabs, pigeons or partridges which can become a nuisance to surrounding property owners, unless such poultry or fowl shall at all times be kept and confined within a yard, pen, corral, bird or chicken house, or other enclosure so constructed as to make impossible escape therefrom by said poultry, which said yard, pen, corral, chicken house, or other enclosure shall be so placed that no part thereof shall be within a distance of 125 feet from any house used or designed to be used for dwelling or residential purposes, and not owned, leased or otherwise controlled by such person, provided that crowing roosters of three (3) months of age or more shall be housed or kept within a distance of five hundred (500) feet from any house used or designed to be used for dwelling or residential purposes, and not owned, leased or otherwise controlled by the owners of said poultry.

[History: ORD. 362, 1/13/1988; ORD. 606, 9/10/2003; ORD. 621, 10/13/2004]

The keeping, maintaining or feeding of poultry or fowl contrary to the provisions or requirements of this ordinance is declared a public nuisance.

[History: ORD. 362, 1/13/1988; ORD. 606, 9/10/2003; ORD. 621, 10/13/04]

Any person violating any provisions of this subchapter, or who shall keep, maintain poultry or fowl in violation of the terms of this subchapter shall be guilty of an infraction.

[History: ORD. 362, 1/13/1988; ORD. 606, 9/10/2003; ORD. 621, 10/13/04]

Notwithstanding the foregoing, any lawful use of the premises within the Town of Colma for the keeping or maintenance of poultry or fowl which began on or before January 1, 1988 and has continued to the date of this ordinance may continue provided that a permit meeting the following requirements is first obtained:

Poultry & Fowl Colma Municipal Code (January 2006) Page 8.05-1

(a) Application for such permit shall be made in writing to the City Planner who must issue the permit if all conditions herein have been satisfied;

(b) The project shall be kept and maintained in compliance with proper health and sanitation standards and shall be subject to periodic inspection by the City Health Officer or the City Code Enforcement Officer;

(c) The premises shall not be kept and maintained so as to constitute a public nuisance as that term is defined in California Civil Code Section 3479.

[History: ORD. 362, 1/13/1988; ORD. 606, 9/10/2003; ORD. 621, 10/13/04]

Upon request of the City Health Officer, or upon written application submitted by a resident or property owner of the Town of Colma, the Council shall notice a public hearing to determine whether the permit shall be revoked. The Council shall revoke the permit if it determines, by a preponderance of the evidence that any of the requirements of the permit have not been complied with.

[History: ORD. 362, 1/13/1988; ORD. 606, 9/10/2003; ORD. 621, 10/13/04]

Poultry & Fowl Colma Municipal Code (January 2006) Page 8.05-2

CHAPTER EIGHT: ANIMALS

Subchapter 8.06: Regulation of Pigeons

(a) The purposes of this ordinance are to preserve the health and safety of the people by regulating carrier, homing and racing pigeons in single-family residential zones, and to control and abate nuisance activities arising out of the keeping, maintaining, or releasing of pigeons.

(b) The City Council intends that provisions of this ordinance shall take force and effect as provided herein despite any claims of grandfathered rights under traditional zoning laws.

(c) This ordinance is adopted under the Town's general police power to protect the public health and safety and is intended to be consistent with Government Code section 65852.6.

[History: ORD. 636, 12/14/05]

[Reference: GOV’T CODE § 65852.6]

As used herein, the following words shall have the meanings shown.

"Loft" means any house, dovecote, structure or enclosure for the keeping or housing of pigeons.

"Pigeon" means a bird of the order Columbidae and includes racing pigeon, carrier pigeon, homing pigeon, fancy pigeon and sporting pigeon.

[History: ORD. 636, 12/14/05]

[Reference: GOV’T CODE § 65852.6]

The City Council finds that regulation of pigeons is necessary to protect the public health and safety of City residents and visitors, as evidenced by the following facts.

Over the past eight months, staff has received statements describing the presence of a large number of pigeons in the Sterling Park neighborhood, the proliferation of mites in the vicinity of the property and damage by pigeons to nearby fruit trees. On investigation, staff has observed a significant amount of pigeon manure on otherwise clean vehicles and roofs and windows of residences that are located near to pigeon lofts.

It is common knowledge that pigeons drop feces below areas where they roost and fly. Bacteria and fungi is transmitted from the droppings and respiratory secretions of infected pigeons to humans, leading to infection which in turn can cause liver damage, kidney damage or even meningitis.

It is also common knowledge that pigeons consume fruits, grains and vegetation, especially in

Regulation of Pigeons Colma Municipal Code (January 2006) Page 8.06-1

areas near their nests and attract mites and pests to their locations.

Bacteria are spread from an infected bird in its droppings and respiratory secretions (i.e. sneezing and coughing). The bacterium which homing pigeons (if infected) can spread is called Chlamydiosis. Chlamydiosis, also known as Psittacosis, can be transmitted to humans. In people, the disease causes flu-like symptoms of fever, chills and headache. If left untreated, Psittacosis can cause liver and kidney damage or even meningitis. (This Chlamydia is not the same infectious agent that is spread among humans as a sexually transmitted disease.)

Cryptococcus is another fungus infection. Though uncommon in pet birds, infection can cause diarrhea, paralysis, nervous-system signs and masses with a gelatinous consistency. Humans can contract this disease when they inhale the dust from dried droppings (most commonly from pigeons). Infection in people can be quite serious leading to meningitis, encephalitis (brain inflammation) or respiratory symptoms.

Dryness, cleanliness and proper sanitation in pigeon lofts are essential to the health of pigeons and necessary to prevent the spread of disease. This ordinance adopts standards and conditions for maintaining pigeon lofts to prevent the spread of disease.

Disease can also be spread by allowing pigeons to stay outside of their loft for extended periods of time or to perch on neighboring yards, houses and cars. Pigeons can be trained to not land anywhere except on the landing board of the pigeon owner's loft, from staying out all day, from perching on neighbor's yards, houses and cars, and to return to their loft promptly after release. The risk of disease and nuisance is minimized when pigeons are trained in this manner. This ordinance mandates permit conditions requiring the permittee to train pigeons to behave in a manner that will minimize or prevent the spread of disease. These requirements are based on techniques for training pigeons recommended by the American Racing Pigeon Union, Inc. and are based on the concept that it is a pigeon's love of home, need for food, and fear of the unknown that brings it back to its loft.

Prior to the introduction of this ordinance, staff inspected certain areas near an existing pigeon loft that reportedly contains 50 pigeons. Staff found, on an average day, 30 incidents of pigeon droppings within 75 feet of the loft and an additional average of 20 incidents of pigeon droppings between 75 and 110 feet from the loft. There were higher concentrations of droppings on rooftops and perch areas within 100 feet of the loft. Thus, residences and personal property commonly stored outdoors, such as vehicles and patio furniture, within 100 feet of a pigeon loft are more likely to be affected by the nuisance caused by the consistent presence of pigeon droppings.

Based on the evidence, a set back requirement of up to 100 feet from the pigeon loft to the nearest dwelling unit would be warranted. However, this would result in a complete ban on all pigeon lofts in the residential areas in Town. With the adoption of requirements that pigeons be trained to return to their lofts without perching in the surrounding areas, a less restrictive setback requirement of ten feet is established in this ordinance.

Another health concern is that rodents and other animals are attracted to properties where pigeon food is left out or improperly stored. These rodents will leave feces in areas visited and will carry diseases. For this reasons, this ordinance adopts standards to prevent rodents and other animals from feeding or residing on or about pigeon lofts.

Regulation of Pigeons Colma Municipal Code (January 2006) Page 8.06-2

Because of the health and sanitation risks associated with keeping or maintaining pigeons, many of the provisions of this ordinance shall take force and effect on the dates provided herein despite any claims of grandfathered rights under traditional zoning laws. In order to allow persons who were keeping pigeons a reasonable notice and opportunity to comply with certain provisions herein, the provision requiring a permit will take effect approximately 60 days after passage of this ordinance and the provision requiring a reduction in the number of pigeons will take effect on approximately one year after passage of this ordinance.

Finally, feeding of wild animals and birds on public property causes a public nuisance by attracting wild animals and birds which drop feces in the areas where they are fed, which must be cleaned by city crews, at taxpayers' expense.

[History: ORD. 636, 12/14/05]

[Reference: GOV’T CODE § 65852.6]

(a) It shall be unlawful for any person to keep or maintain a pigeon anywhere in the Town, except as provided in this ordinance.

(b) No person shall keep or maintain more than fifty (50) pigeons in any zone other than the G zone.

(c) It shall be unlawful for any person to construct, keep or maintain a pigeon loft unless the pigeon loft meets the requirements of an Accessory Building under sections 5.03.070 and 5.03.080 of this Code, is constructed in accordance with the Uniform Building Code, and the City Council has issued a Permit to such person to keep and maintain pigeons, as provided in this ordinance.

(d) It shall be unlawful to release a pigeon in a residential zone unless a permit in writing, authorizing the keeping of pigeons in a residential zone was first applied for and obtained from the City Planner.

[History: ORD.. 636, 12/14/05]

[Reference: GOV’T CODE § 65852.6]

(a) Every application for a permit to keep and maintain pigeons shall be made upon forms to be furnished for that purpose by the Planning Department, signed by the applicant and filed with the Planning Department. No such application shall be received for filing by the Planning Department unless accompanied by a filing fee set forth in the Master Fee Schedule.

(b) Any person keeping or maintaining more than two pigeons anywhere in Town must obtain a permit in writing from the City Planner.

(c) The City Council shall deny the granting of a pigeon permit unless it finds that all criteria set forth in this ordinance have been met and that such use is not detrimental to the health, safety and welfare of the applicants and adjoining residents and property owners.

Regulation of Pigeons Colma Municipal Code (January 2006) Page 8.06-3

(d) Nothing herein shall authorize the issuing of a permit to keep or maintain pigeons for market or commercial purposes in a residential zone or in violation of any other ordinance of the Town of Colma.

(e) A permit to keep pigeons shall be conditioned upon each of the following:

(1) That the permittee maintain a pigeon loft in accordance with the requirements of
this ordinance;

(2) That all pigeons shall be banded and registered with one of the national pigeon
associations or registries, that the permittee shall maintain a list of all pigeons in the
permittee’s possession and shall make the list available upon request by the Code
Enforcement Officer or designee;

(3) That the permittee train each pigeon to fly with a flock within two weeks after the
first time that pigeon is let out of the loft;

(4) That the permittee train each pigeon not to land anywhere except on the landing
board of the loft within four weeks after the pigeon is first let out of the loft;

(5) That the permittee not release a pigeon from the loft except during the period
beginning two hours before sunset and ending at sunset unless the pigeon has
been trained to fly with the flock and not to land anywhere except on the landing
board of the loft;

(6) That the permittee not release a pigeon from the loft, whether for exercise, training,
competition, or other reason, until at least four hours after the pigeon has been fed;

(7) That the permittee shall be required to keep such records as may be required by
the City Planner to establish compliance with each of the conditions of the permit;
and

(8) That the permittee shall allow the Code Enforcement Officer to enter and inspect the permitee's property or loft at any reasonable time for the purpose of investigating either an actual or suspected violation of this ordinance or to ascertain compliance or noncompliance with this ordinance.

(f) The City Council may impose other conditions on the granting of a permit as are reasonable and necessary to carry out the purposes of this ordinance.

(g) A Pigeon Permit shall not be approved for any applicant, nor shall a Pigeon Permit be approved at a location if there is an action pending as provided in either (1) or (2) listed below against the property owner, tenant or lessee of the property. Further, an approved Pigeon Permit shall be revoked for an applicant or location for either of (1) or (2) listed below.

(1) Any combination of two or more outstanding citations of the Town of Colma
Municipal Code, or adjudicated citations found in favor of the Town of Colma by a
court of competent jurisdiction, issued within the twelve months preceding the date
of the Pigeon Permit application and directly or indirectly related to, or similar to,

Regulation of Pigeons Colma Municipal Code (January 2006) Page 8.06-4

any property, event, activity or use for which the Pigeon Permit application is proposed; or,

(2) The individual listed as the applicant on the Pigeon Permit application has, or where
the property owner, a tenant or lessee, of the property listed on the Pigeon Permit
application as the intended site of the raising, housing or handling of homing,
carrier or racing pigeons, has a Municipal Code violation(s) being processed by the
Town of Colma or pending before a court of competent jurisdiction and directly or
indirectly related to, or similar to, any property, event, activity or use for which the
Pigeon Permit application is proposed.

[History: ORD. 636, 12/14/05]

[Reference: GOV’T CODE § 65852.6]

(a) Each person keeping or maintaining pigeons in the Town of Colma shall maintain a pigeon loft in a dry, clean and sanitary condition at all times, shall scrape and clean the pigeon loft and remove food scraps not less than two times each week, and shall dispose of all food scraps in a sanitary manner. Specifically, but without limitation:

(1) All pigeons shall be fed within the confines of the loft;

(2) Droppings should be removed from all surfaces of the loft at least twice a week;

(3) Before cleaning, all food, grit and water containers must be removed from the loft
to prevent possible contamination; and

(4) Waste material shall disposed of in accordance with the provisions of Subchapter
Four of Chapter Three of the Colma Municipal Code.

(b) Pigeon lofts shall be constructed and maintained in accordance with the following standards:

(1) The loft must keep out mice, rats, opossums, raccoons, weasels, snakes, cats,
dogs, and other wild birds;

(2) There must be a minimum of eight cubic feet of air space and one square foot of
area per bird in the loft;

(3) There must be at least three major sections, one for breeders, one for young birds
and one for old birds, with a landing board large enough for all pigeons to land on
it at one time;

(4) The loft must be designed and maintained so that a pigeon may not exit from the
loft without being released by a person;

(5) The ceiling of the loft must be tall enough to allow a person to enter the loft to clean
it;

Regulation of Pigeons Colma Municipal Code (January 2006) Page 8.06-5

(6) The loft must be elevated at least 18 inches from the ground with open area underneath to prevent rodents from taking up residence under the floor;

(7) The loft must allow free circulation of air throughout and lots of sunshine to all
areas; and

(8) The loft must be at least ten feet from the side and back yard property boundaries.

[History: ORD. 636, 12/14/05]

[Reference: GOV’T CODE § 65852.6]

(a) Each violation of this ordinance is an infraction, punishable as set forth in Subchapter five of Chapter One of the Colma Municipal Code.

(b) Violation of this ordinance also constitutes a public nuisance, which may be abated in accordance with the provisions of Subchapter Eleven of Chapter One of the Colma Municipal Code.

[History: ORD. 636, 12/14/05]

[Reference: GOV’T CODE § 65852.6]

An aggrieved party may appeal to the City Council from a decision of the City Planner under this ordinance. The appeal shall be heard in accordance with the procedures set forth in section 1.02.120 of the Colma Municipal Code The City Council may affirm, overrule, or modify the revocation, denial or suspension.

[History: ORD. 636, 12/14/05]

[Reference: GOV’T CODE § 65852.6]

Whenever any pets shall appear to have any communicable disease, the San Mateo County Health Department shall be notified immediately of such condition with such information as may be necessary and such pets shall be immediately isolated from healthy pigeons. No diseased pigeons shall be sold or given away, nor shall they be otherwise disposed of except in the manner authorized by the Health Officer. A Health Officer may seize or impound a pigeon based on a reasonable belief that prompt action is required to protect the health or safety of the animal or the health and safety of others, any such seizure or impoundment shall be consistent with the requirements stated in Penal Code sections 597.1, 597f, 599d, and 599e.

[History: ORD. 636, 12/14/05]

[Reference: GOV’T CODE § 65852.6]

Regulation of Pigeons Colma Municipal Code (January 2006) Page 8.06-6

(a) Any use of real property existing on the effective date of this ordinance that does not conform to the provisions of this ordinance, but which was constructed, operated, and maintained in compliance with all previous regulations, shall be regarded as a nonconforming use which may be continued or terminated as stated in this section.

(b) Because of the health and sanitation risks associated with keeping or maintaining pigeons, all non-conforming uses must immediately meet the requirements of this ordinance, except as follows:

(1) The provisions in paragraphs section 8.06.050 shall take effect March 15, 2006;
and

(2) The provision in paragraphs 8.06.040(b) shall take effect on January 1, 2007,
unless an extension is granted by the City Planner in accordance with the provisions
of paragraph (c) below.

(c) A person keeping or maintaining more than fifty pigeons may obtain an extension to time to comply with the provisions of sections 8.06.040(b) upon demonstrating, to the satisfaction of the City Planner, that:

(1) the Adjusted Value of his or her cost of pigeons in possession of the permittee as
of the date this ordinance was introduced by the Colma City Council ("Introduction
Date") is greater than $5,000; and

(2) the permittee shall have used reasonable efforts to reduce the number of pigeons
in his possession; and

(3) The permittee shall have used his or her best efforts to comply with all other
provisions of this ordinance.

(d) For purposes of this section, the Adjusted Value of the cost of pigeons shall be calculated by adding the average replacement cost of all pigeons in possession of the permittee on the Introduction Date to the actual cost of a pigeon loft in existence as of the effective date of this ordinance. If the adjusted value is greater than $5,000, then the City Planner shall grant an extension up to December 31, 2007 to comply with the terms of sections 8.06.040(b) or 8.06.060(d).

(e) A complete application for an extension of time must be filed in writing no later than October 31, 2006, and must contain all of the following information: justification for an extension, evidence supporting the calculations of Adjusted Value, evidence of compliance with all terms and conditions of the Permit Allowing Keeping and Maintaining Pigeons, contact information and signature of the permit holder and property owner. The application shall be processed in accordance with the procedures for an Administrative Use Permit set forth in the Colma Municipal Code. The Planner may impose reasonable conditions on the granting of the extension, including but not limited to a schedule for phased reduction in the number of pigeons that the permittee may keep. An appeal from a grant or denial of such an application shall be made in accordance with section 8.06.080 above.

Regulation of Pigeons Colma Municipal Code (January 2006) Page 8.06-7

(f) Notwithstanding anything to the contrary in this section, all non-conforming uses shall terminate by December 31, 2007.

(g) This section (§ 8.06.100) shall be repealed as of January 1, 2008.

[History: ORD. 636, 12/14/05]

[Reference: GOV’T CODE § 65852.6]

Regulation of Pigeons Colma Municipal Code (January 2006) Page 8.06-8