Chapter III — ANIMAL CONTROL — Novato Municipal Code

Editor's note— Ord. No. 1640, § 1, adopted June 12, 2018, amended Ch. III in its entirety to read as herein set out. Former Ch. III, §§ 3-1—3-5, pertained to similar subject matter and derived from Ord. No. 1530, § 1.

3-1 - Regulations.

3-1.1 Short Title. This chapter shall be known and may be referred to in all proceedings as the animal control ordinance.

3-1.2 Definitions. For the purposes of this chapter, the following words and phrases are defined and shall be construed as hereinafter set forth unless it is stated a different meaning is intended.

"Animal services agency" means that agency appointed as the animal services provider for the County of Marin under the provisions of Section 8.04.110 of the Marin County Code.

"Commercial animal establishment" means any location where the business of grooming, buying, selling, bartering, training, renting or boarding of dogs, cats, wild animals, domestic animals or fowl is conducted. This definition shall not apply to:

The use of goats, sheep, or other animals in herding operations for the purposes of clearing brush and ground cover for fire control purposes;

Buying or selling livestock for agricultural purposes;

Livestock establishments;

Buying and selling of dogs by dog hobbyists;

Buying and selling of dogs by ranch dog permittees;

Business activities of a duly licensed veterinary hospital;

Training facilities where owners/guardians are trained to handle their own pets;

County designated animal services provider.

"County" means the County of Marin.

"Director" means chief executive officer of the animal services agency or any person authorized to act on his/her behalf.

"Dog" means any animal that is a member of species canis familiaris four months old or older.

"Dog hobbyist" means any person who keeps upon any residential lot, within or adjoining a private residence, four or more dogs for personal, recreational and noncommercial purposes who has secured a permit for such activity in accordance with the provisions of this chapter.

"Dog license" means the license required to be annually issued for each individual dog.

"Identified stray animal" means an animal not in the immediate possession or control of a person which can be identified by means of a license, tag, microchip, tattoo or other visible, reliable means of identification and for which the owner/guardian can be determined.

"Owner/guardian" means any person who has the legal responsibility and rights of an owner/guardian after keeping or harboring an animal for 15 or more days, except a veterinarian or an operator of a kennel engaged in the regular course of their business. The use of the word "guardian" for all legal intent and purposes has the same meaning and effect as the term "owner/guardian" with respect to all federal, state, county and city law, current and/or as modified.

"Licensed dog" means any dog for which the license for the current year has been issued and to which the tag is properly displayed.

"Ranch dog permittee" means any person who owns or keeps within or adjoining a residence, building, lot or area which is zoned for agricultural uses, four or more dogs for personal, recreational, or noncommercial purposes.

"Unidentified stray animal" means an animal not in the immediate possession or control of a person which cannot be identified by means of a license, tag, microchip, tattoo or other visible reliable means of identification.

3-1.3 Licenses Required—License Periods. Every owner/guardian of a dog which is kept in the city shall procure a license for each such dog, for each year, commencing with the date of the rabies vaccination of the dog and expiring the year following the date of issuance of such license. Such license shall be procured within 30 days after the day upon which the dog is four months old, or within 30 days after the day upon which the dog, if over the age of four months, is first obtained by a resident of the city, or within 30 days of the first date that the owner/guardian of the dog first becomes a resident of the city and thereafter shall be maintained on a current basis from year to year. Dog owner/guardians may, with proof of multi-year rabies vaccination, choose to obtain licenses for one, two or three years, with final expiration to coincide with the expiration of the rabies vaccination.

3-1.4 Rabies Vaccinations, Veterinarian Reporting Requirements.

Whenever the laws of this state require vaccination of dogs against rabies, no license shall be issued for any dog required to be vaccinated until satisfactory written evidence of compliance under such law is provided.

All cats shall be vaccinated against rabies. Any person in possession, control, or owner/guardianship of any cat shall have that cat vaccinated against rabies.

Any veterinarian operating either at an established place of business or at a mobile clinic shall provide a copy of a rabies vaccination certificate for any cat or dog vaccinated by him/her to the animal services agency within 30 days of vaccination.

3-1.5 Confinement and Quarantine. The owner/guardian of a quarantined animal shall pay a fee as established in accordance with this section toward the animal services costs in providing and insuring that the animal is properly quarantined. The schedule of fees for animal services established by the County of Marin, as it may be amended from time to time, is hereby adopted and incorporated by reference herein whenever reference is made to the County of Marin fee schedule throughout this chapter. If any person fails or refuses to obey any lawful order for quarantine of an animal for rabies observation, any animal services officer may impound the animal for such quarantine at additional expense to the owner/guardian at the rate as may be established by the County of Marin fee schedule. Quarantine fees are payable within 30 days of issuance of an invoice. Payment is delinquent if not received within 60 days of issuance of the notice.

3-1.6 License fee.

A dog license fee shall be imposed on all dogs. The license fee for dogs, which have not been sterilized shall be as established by the County of Marin fee schedule

The license fee for dogs which have been sterilized shall be as established by the County of Marin fee schedule. The fee is due and payable with the issuance of a license as required in this chapter.

3-1.7 Delinquent License Penalty. Any owner/guardian failing to procure and pay for such license within the period allowed in this chapter shall pay a delinquent penalty as established by the County of Marin fee schedule. The delinquent penalty may be waived where failure to pay is due to reasonable cause and circumstances beyond the control of the dog owner/guardian which shall be determined by the animal services agency or the county administrator's office. Any person dissatisfied with a determination denying waiver of the delinquent penalty shall be entitled to a hearing which shall be conducted pursuant to the provisions of section 3-1.13.

3-1.8 Duplicate License Tags. If a license tag is lost, a duplicate tag may be acquired by the payment of a fee as may be established by the County of Marin fee schedule.

3-1.9 Display of License Tags. The license tag shall be attached securely to a collar or harness or other suitable device on the dog, for which issued, at all times that the dog is not on the private property of the owner/guardian. The person in control of the dog shall show the license certificate or tag upon demand by a representative of the animal services agency at any time.

3-1.10 Exceptions. Any dog bred, raised or providing service as a guide or service dog, is exempt from the license fee but is not exempt from being licensed or from any required vaccination. The provisions of section 3-