1.3 shall not apply to any dog in the custody or care of a

period not exceeding 30 days.

3-1.11 Animal Services Officer—Appointment. The Marin Humane Society has been appointed as the Animal Services Agency for the County of Marin by the board of supervisors of the county, and shall appoint suitable persons to act as animal services officers. All animal services officers shall, for the purpose of enforcing this chapter, be deemed to be peace officers.

3-1.12 Animal Services Agency and Animal Services Officers—Powers and Duties. The powers and duties of the animal services agency and animal services officers shall be as follows:

To enforce all provisions of this chapter and all the laws of the state of California relating to the care, treatment, and impounding of animals, and specifically to issue citations and to make arrests for violations of the provisions of this chapter and related state laws;

To provide an animal shelter for all animals which are subject to impoundment. Animals shall be provided with humane care and treatment, including veterinary care when appropriate, throughout the duration of their impoundment consistent with state laws and local ordinances;

To take up, impound and safely keep any animals where authorized under the provisions of this chapter or the laws of this state;

To collect any costs or charges hereinafter provided in this chapter for the impounding and keeping of any animal;

Where authorized under the provisions of this chapter or the laws of this state, to enter upon any premises upon which any animal is kept for the purpose of taking up, seizing or impounding of any animal or for the purpose of determining whether such animal is licensed or is violating the provisions of this chapter;

To euthanize any animal lawfully impounded which by reason of injury, disease or temperament is unsuitable for adoption placement;

To enter upon any private or public property in order to pick up and dispose of any dead animal;

To destroy or dispose of any animal where authorized pursuant to the provisions of this chapter;

To make determinations in accordance with the provisions of this chapter;

To perform any and all services related to public records (handling, retention and availability) in the same manner as employees of the County of Marin regarding the handling of what would be public records if prepared, retained or distributed by county employees.

3-1.13 Hearings.

The County Administrator of the County of Marin or his/her designee, is authorized to conduct hearings in all cases authorized by the provisions of this chapter. This shall include, but not be limited to, all permit denials, permit revocations or refusals to renew permits authorized under this chapter. Written notice of the time and place of the hearing shall be given to the animal owner/guardian, permittee or permittee applicant at least ten days prior to the date set for hearing, unless the animal owner/guardian, permittee or permittee applicant expressly requests, in writing, that the hearing be set for an earlier date, and the animal services agency agrees to do so. Service of the notice shall be made in accordance with the provisions of Section 1.04.190 of the Marin County Code. If the owner/guardian of the affected animal, permittee or permittee applicant fails to appear at the hearing, the hearing shall nevertheless proceed, and an appropriate order shall be issued in accordance with the provisions of this chapter.

Administrative Fees. The administrative hearing officer shall have the ability to impose administrative hearing fees authorized under the County of Marin fee schedule. The administrative hearing officer may impose the fees based upon the complainant's, or business owner's or animal owner/guardian's culpability for causing administrative expenses to the animal services agency's program. At the administrative hearing, the hearing fee shall be in lieu of the imposition of any applicable statutory fine. In a de novo appeal to the Superior Court, both administrative expense fees as well as statutory penalties may be imposed upon the animal owner/guardian as deemed appropriate. Criminal restitution, damages and/or injury awards are the domain of the superior courts and are not available by way of the administrative hearing process. In any hearings other than ones involving the determination of the status of a potentially dangerous animal or vicious animal, the decisions of the hearing officer shall be final but subject to review by the Superior Court pursuant to the provisions of CCP section 1094.5. De novo appeal of hearing officer decisions to the Superior Court is only available in the case of potentially dangerous dog or vicious dog hearings.

Sanctions Hearings. If the animal owner/guardian does not appeal the orders of the hearing officer in a potentially dangerous or vicious dog case to the Superior Court within the time period prescribed in this chapter, the hearing officer's orders shall be binding. In all other administrative hearings, the decisions of the hearing officer are final without further appeal to the Superior Court. Failure to abide by the hearing officer's orders shall, upon petition by the animal services agency, subject the animal owner/guardian (or commercial animal establishment-related licensee or other permitees/licensees) to attend a noticed sanction hearing where further regulatory actions to protect the public health and safety may be considered and imposed. Notice requirements shall be the same as in the case of the initial hearing before the hearing officer. (See a. above.) The sanctions that may be imposed include any reasonable regulatory actions to preserve public health and safety including, but not limited to the destruction of the animal, or in the case of a permit of license, loss of said permit or license. Lesser sanctions may be imposed provided the health and safety of the public is not unreasonably placed at risk. Sanctions hearings shall be recorded or reported, and shall be final. The hearing officer shall have the authority to impose additional administrative fees for the expenses related to the sanctions hearing. The orders from such sanctions hearings shall be subject to review by the Superior Court pursuant to the provisions of CCP section 1094.5.

Any owner/guardian failing to abide by the final orders of the hearing officer within the period allowed within the orders or under law shall pay a civil administrative penalty in the amount of five hundred ($500.00) dollars. The civil administrative penalty may be waived where failure to perform the required order(s) is/are due to reasonable cause and circumstances beyond the control of the owner/guardian which shall be determined by the hearing officer. Any person dissatisfied with a hearing determination denying waiver of the civil administrative penalty may petition for review by the Superior Court pursuant to the provisions of CCP section 1094.5.

3-1.14 Disposition of Animals by Animal Services Agency. Except where otherwise provided in this chapter, the animal services agency shall keep any animal impounded for violation of the provisions of this chapter or relinquished for the period of time hereinafter specified and shall determine the final disposition of the same in accordance with the following provisions:

Unidentified Stray Animals. All impounded unidentified stray animals shall be held for redemption for five working days. The stray holding period shall not include the day upon which the animal was impounded, days the animal shelter is closed or holidays. At the end of the stray holding period, the animal services agency shall determine the final disposition of the animal, which may include adoption, redemption or euthanasia.

Identified Stray Animals. All impounded identified stray animals shall be held eight working days. The stray holding period shall not include the day upon which the animal was impounded, days the animal shelter is closed or holidays. At the end of the stray holding period, the animal services agency shall determine the final disposition of the animal, which may include adoption, redemption, or euthanasia. The animal services agency shall notify the owner/guardian by mail at the last known address of the animal being impounded. Notice of impoundment shall be given to the animal owner/guardian within 24 hours of impoundment.

Release of dogs and cats. All dogs shall be released to their owner/guardians with a current license and proof of a current rabies vaccination. All cats shall be released to their owner/guardians with proof of a current rabies vaccination and proof of compliance with section 3-4.

Sterilization of animals released for adoption. No dog or cat shall be released for adoption without being sterilized.

The animal services agency shall follow all laws of the State of California concerning holding periods and final disposition of animals.

3-1.15 Redemption of impounded animals. Except where redemption is not permitted by this chapter, redemption of an impounded animal by the owner/guardian shall be made by exhibiting to the animal services agency proof of the owner/guardian's identity and any required license certificate, tag, or other satisfactory proof of custody. All charges provided for under section 3-1.16 must be paid to the animal services agency prior to the animal being redeemed. If such animal is released to a person other than the owner/guardian, the

owner/guardian of such animal may, at any time within 30 days, request the animal services agency to return the animal to the owner/guardian. All costs of impoundment, including charges for boarding, shall be collected prior to the animal being released to the owner/guardian. No person may redeem an animal under this section if he or she was given written notice of such impoundment by the animal services agency and failed for a period of eight working days after the mailing of such notice to redeem such animal from impoundment.

3-1.16 Fees for redemption, placement, surrender.

Redemption Fees. No animal may be released by the animal services agency to the owner/guardian until all appropriate charges have been paid. The redemption fee for an impounded animal shall be as established by the County of Marin fee schedule.

Boarding Fees. The animal services agency shall collect boarding fees for dogs and cats as may be established by the County of Marin fee schedule. Fees for livestock shall be collected pursuant to section 3- 1.30.

Veterinary Fees. The animal services agency shall collect from the owner/guardian all fees associated with veterinary care provided to any impounded animal.

Surrender. Animals surrendered by their owner/guardians subsequent to impoundment for a violation of this chapter or any provisions of state law shall not relieve the owner/guardian of the obligation to pay such charges as set forth by the County of Marin fee schedule , prior to such surrender.

3-1.17 Dogs at Large in Public Areas. It is unlawful for the owner/guardian or person having control of any dog to permit the same, under any circumstances, to be off leash in, on or about any public property within the city, including, but not limited to, any park, school, school grounds or open space area, except public property posted with signs permitting dogs to be off leash. Every dog found running at large in violation of the provisions of this section shall be immediately seized and impounded. Any duly authorized peace officer or animal services officer shall be entitled to take such other action as may be reasonably necessary for the protection of public health and safety.

3-1.18 Dogs at Large on Certain Private Lands. It is unlawful for the owner/guardian or person having control of any dog to suffer or permit the same to be upon the lands of another without the consent of the owner or person entitled to the use or possession of such lands.

3-1.19 Dog Control by Responsible Person.

Dogs shall at all times be kept under the immediate control and direction of a competent, responsible person who is capable of controlling such an animal. Any dog which is not subject to such control and direction may be seized and impounded.

Every owner/guardian 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.

Every owner/guardian or possessor of a dog shall at all times prevent such dog from causing injury to another domestic animal while such domestic animal is lawfully upon public or private property and which results in veterinarian treatment or death.

Every owner/guardian 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.

3-1.20 Prohibition of Habitual Animal Noise Which Unreasonably Disturbs the Peace.

Subject to the provisions of subsections b., c., and d. of this section, it is unlawful for any person to suffer or permit any dog, cat, fowl, or other animal to habitually bark, yelp, howl or create noise in such a manner which unreasonably disturbs the peace of any person(s). Such repeated acts after the receipt of a request to address the disturbance of the peace shall constitute a public nuisance.

Any person who shall keep or permit to remain on any premises, an animal which disturbs the peace of any person in the manner set forth in subsection a. of this section shall be guilty of an infraction for a first offense and for a subsequent second offense. Any person found in violation of this subsection for a third or additional offense shall be guilty of a misdemeanor. An animal kennel regulated by a use permit under the provisions of the Novato Municipal Code shall not be subject to the provisions of this section. This section shall not apply to customary animal noises of livestock, horses or other animals kept for agricultural activities in areas including but not limited to farms, ranches and stables which are zoned or legally permitted for such purposes.

Except as otherwise provided in subsection d. of this section, where the animal owner/guardian is present and available on the premises, police officer or sheriff will notify the keeper of the offending animal of the noise violation and direct that such violation be abated. If a second complaint is received from any person within 30 days of the notice of complaint of an additional violation by the animal, then a citation may be issued. If an animal creates noise, but not to the extent of a half hour of continuous noise, and the owner/guardian is not present at the premises, a written notice shall be issued upon a first complaint that a further violation will result in the issuance of a citation. Written notice shall be sufficient by securely posting the notice upon the door of the premises where the animal is kept. Whenever possible, the police officer or sheriff may recommend the services of county mediation to the complainant and the owner/guardian or person in possession of the animal as a means of resolving the animal nuisance noise. If mediation is refused by either party or is unsuccessful at the end of the 30 business days, then the direction that violation be abated shall remain.

If the animal owner/guardian of the offending animal is unavailable, the police officer or sheriff may issue a citation with a first complaint if it is determined, after investigation of the complaint and interview of the complainant, that the noise created by the animal has persisted for more than one-half hour and cannot be abated or quieted so that it continues to disturb the peace of the complaining person(s). The police officer or sheriff may in addition make a referral to animal services so an investigation may ensue as to whether the animal should be taken into protective custody. The animal may be taken into protective custody by animal services for animal owner/guardian abuse, neglect, or any other grounds within their authority. An animal placed under protective custody under this section may be redeemed by the owner/guardian provided there is presented to the animal services agency proof of the owner/guardian's identity and any required license certificate or license tag or other satisfactory proof of owner/guardianship and by paying the charges referenced under section 3-1.16 and the fees that may be established by the County of Marin fee schedule.

The owner/guardian of an animal taken into protective custody under this section shall be entitled to a hearing conducted by a hearing officer designated by the County Administrator of the County of Marin or his/her designee pursuant to the provisions of section 3-1.22.f.4. The hearing shall be conducted for the purpose of determining whether the taking of the animal into protective custody was proper. The hearing shall be held within ten business days following the taking of the animal into custody provided such owner/guardian files a written request for a hearing within five business days following written notice. The hearing shall be conducted in accordance with the provisions of sections 3-1.22f.7., 8., 9. and 10. Unless the hearing officer otherwise determines, the owner/guardian is liable for all charges related to such taking of the animal into protective custody.

3-1.21 Prohibition of Animals Causing Damage to Public or Private Property. It is unlawful to suffer or permit any animal to trespass on private or public property so as to damage or destroy any property or thing of value, or so as to commit any other act dangerous to public health or safety, and any animal committing such an act is a public nuisance.

3-1.22 Potentially Dangerous and Vicious Dogs.

Except as otherwise provided under the provisions of subsections b. through e. of this section, the provisions of Chapter 9, Articles 1 through 5, Sections 31601 through 31683 and any amendments thereto exclusive of Sections 31602, 31603, 31606 and 31644 of the Food and Agricultural Code are adopted and incorporated by reference herein. The hearing provisions set forth in subsection e. below shall be in addition to the provisions set forth above in section 3-1.13.

"Potentially dangerous dog" means any of the following:

Any dog which, when unprovoked on two separate occasions within the prior 36-month period, engages in any behavior that requires a defensive action by any person to prevent bodily injury when the person and the dog are off the property of the owner/guardian or keeper of the dog;

Any dog which, when unprovoked, bites a person causing a less severe injury than as defined in Section 31604 of the California Food and Agricultural Code;

Any dog which, when unprovoked has killed, seriously bitten, inflicted injury or otherwise caused injury attacking a domestic animal off the property of the owner/guardian or keeper of the dog.

Any dog that has been deemed by another governmental jurisdiction as "potentially dangerous," or "dangerous," or similar designation.

"Vicious dog" means any of the following:

Any dog which, when unprovoked, in an aggressive manner, inflicts severe injury on or kills a human being;

Any dog previously determined to be and currently listed as a potentially dangerous dog which, after its owner/guardian has been notified of this determination, continues the behavior described in section 3-1.22.b. or is maintained in violation of Section 31641, 31642 or 31643 of the California Food and Agricultural Code.

Any dog that has been deemed by another governmental jurisdiction as "vicious" or similar designation.

Any dog which has engaged in any aggressive behavior that demonstrates that the dog represents a clear and present substantial danger to public health or safety and that due to substantial risk to public health or safety it is unlikely that the dog could be safely maintained.

"Severe injury" means any physical injury directly caused by a dog attack that results in muscle tear(s), puncture(s), dislocation(s), broken bone(s) or disfiguring laceration(s), or which requires the suturing of a wound, corrective or cosmetic surgery and hospitalization for any of the aforementioned conditions.

A hearing on whether a dog shall be declared potentially dangerous or vicious shall be conducted in the following manner:

If the director has investigated and determined that there exists probable cause to believe that a dog is potentially dangerous or vicious as defined by this section, a hearing shall be conducted. The director shall prepare a petition specifying the basis as to why the dog is potentially dangerous or vicious.

A documented complaint must be received from a member of the public which serve as the evidentiary basis for the director to find probable cause shall be sworn to and verified by the complainant and shall be attached to the petition.

Prior to commencement of a potentially dangerous dog hearing and if the allegations of the petition indicate that the dog is potentially dangerous as defined under section 3-1.22.b., the County Administrator of the County of Marin or his/her designee may offer in writing mediation services as an alternative to a hearing provided both the complainant and the owner/guardian agree in writing to mediation. Mediation must be concluded within 30 days of the offer to mediate. If mediation is refused or is unsuccessful, then the matter shall be referred to a hearing under subsection e.1. of this section.

The county administrator or his/her designee shall designate a hearing officer from a panel of up to five persons whose membership shall be designated by the Board of Supervisors of the County of Marin. Hearing officer applicants shall have had a minimum of five-years' experience as a practicing attorney and prior experience in administrative, arbitration or mediation hearings. Prior experience in care and control of animals shall also be considered but is not necessary. The hearing officer shall conduct a hearing as described in section 3-1-13 on whether a dog shall be declared potentially dangerous or vicious. The hearing officer shall be compensated for the actual hours devoted to the hearing and its determination at the county approved hourly rate for said services.

The county administrator or his/her designee shall provide written notice to the owner/guardian of the specific behavior of the dog alleged in the petition and the date upon which a hearing will be held to consider the petition. The hearing shall be held within the time limits set forth by California Food and Agricultural Code Section 31621 or any amendments thereto. The notice shall advise the Owner/Guardian of the consequences of a finding of potentially dangerous or vicious. The hearing shall be open to the public and the hearing officer may admit into evidence all relevant evidence, and exercise the full scope of authority set forth in Food and Agricultural Code Section 31621. Service of the notice shall be made in accordance with Section 1.04.190 of the Marin County Code. Where the owner/guardian's address of any dog is unknown, notice of the hearing shall be given by posting the same in the office of the director and by publication in a newspaper of general circulation. Notice shall then be deemed given on publication of the notice.

A hearing may be continued if the hearing officer deems it necessary and proper or upon a showing of good cause.

The time for hearing and the hearing provisions of subsection e.5. of this section shall be stayed if mediation services are offered pursuant to the provisions of subsection e.3. of this section. The time for hearing and the hearing provisions of this subsection shall recommence at the date the County Administrator of the County of Marin or his/her designee has determined in writing that mediation has not been accepted or has been unsuccessful.

(8)

Complaint(s) from the public serve as the evidentiary basis for the director to prepare a petition. At least one of the complainants or his or her designee in the matter must appear and testify at the hearing or the complaint shall be dismissed.

If the owner/guardian fails to appear at the hearing, the hearing shall nevertheless proceed and an appropriate order shall be issued.

The hearing officer shall consider all relevant responsible evidence without regard to the formal rules of evidence, including circumstances of mitigation, and the record of any prior violations by the owner/guardian.

All witnesses shall testify under oath or affirmation. The oath shall be administered by the hearing officer. The hearing officer may, when appropriate, request the production of oral or documentary evidence which is reasonably necessary and relevant to conduct a hearing. All proceedings shall be tape recorded.

The hearing officer shall issue a written determination based upon a preponderance of the evidence, which shall be mailed to the owner/guardian within seven days after the hearing is completed. A determination that a dog is potentially dangerous or vicious is subject to de novo review by the Superior Court.

If an animal is found to be potentially dangerous or vicious by a preponderance of the evidence, the animal shall be so designated on the records of the animal services agency. Such a designation shall be considered in future determinations involving the animal and/or owner/guardian.

The owner/guardian of a dog for which a potentially dangerous or vicious dog petition has been issued may irrevocably waive his right to a hearing and any further appeal under California Food and Agricultural Code Section 31622 and accept all conditions, sanctions and penalties set forth in California Food and Agricultural Code Sections 31641, 31642 and 31643. The County Administrator of the County of Marin or his/her designee will mail a waiver form to the dog owner/guardian. The waiver must be signed by the dog owner/guardian and received by the county administrator or his/her designee within 30 days from the date of agreement to waive or a hearing will be scheduled within 30 days of the agreement to waive.

Obligations for the owner/guardian of dogs deemed potentially dangerous.

(a)

In accordance with the provisions of California Food and Agricultural Code Section 31641, the owner/guardian of a potentially dangerous dog shall, in addition to the regular licensing fee, pay to the animal control agency an annual fee as may be established by the County of Marin fee schedule for the increased costs of maintaining the records of the dog.

(b)

Within 30 days of the determination that dog is potentially dangerous, the owner/guardian of the animal shall have the dog sterilized and deliver proof of sterilization of the animal to the animal services agency.

(c)

Within 30 days of the determination that a dog is potentially dangerous, the owner/guardian shall provide a secure and humane enclosure for the animal on the owner/guardian's property. The animal must be confined in a securely enclosed and locked pen or structure, suitable to prevent the entry of young children. Such pen or structure shall be constructed such that the animal cannot climb, dig, jump or otherwise escape of its own volition.

(d)

All dogs found potentially dangerous shall be maintained under immediate control of a responsible adult by a substantial leash appropriate for the size of the dog and no more than six feet in length when off of the property of the owner/guardian.

(e)

The owner/guardian of a dog found potentially dangerous under section 3-1.22.b., who has no additional violations of any of the provisions of this chapter, within a 36-month period from the date of designation as potentially dangerous, shall be removed from the list of potentially dangerous dogs by the director. The dog may be, but is not required to be, removed from the list of potentially dangerous dogs prior to the expiration of the 36-month period if the owner/guardian of the dog demonstrates to the director that changes in circumstances or measures taken by the owner/guardian, such as training of the dog, have mitigated the risk to public safety.

Obligations for the owner/guardian of a dog deemed vicious.

(a)

The owner/guardian of a dog determined to be vicious shall, if not subject to destruction, in addition to the regular licensing fee, pay to the animal control agency an annual fee as may be established by the County of Marin fee schedule

(b)

The owner/guardian of a dog determined vicious shall, if not subject to destruction, at his/her own expense, have the vicious animal registration number assigned to the dog tattooed upon the dog's left ear or, if the left ear is not available, on the left inner thigh, by a licensed veterinarian or a person trained, authorized and licensed to do business as an animal tattooist. As an alternative to tattooing, an owner/guardian may have a microchip injected beneath the skin, and between the shoulder blades of the animal by a licensed veterinarian. The owner/guardian shall provide proof satisfactory to the animal services agency of such tattooing or microchipping within 30 days of the vicious determination.

(c)

Upon request by the animal services agency, the owner/guardian of a dog determined to be vicious shall, if it is not subject to destruction, present said animal at the animal services agency and allow photographs and measurements of the animal to be taken for purposes of identification.

(d)

Within 30 days of vicious dog determination, the owner/guardian of the dog, if it is not subject to destruction, shall provide proof to the animal services agency that the dog is contained in a secure and humane enclosure for the animal on the owner's property. The animal must be confined in a securely enclosed and locked pen or structure, suitable to prevent the entry of children or unauthorized persons. Such pen or structure shall be constructed such that the animal cannot climb, dig, jump or otherwise escape. The pen or structure shall be constructed with sufficiently strong materials and shall have a top that is secured to the floor and sides of the enclosure.

(e)

Within 30 days of the determination that a dog is vicious, the owner/guardian of the dog, if it is not subject to destruction, shall provide proof of sterilization of the dog to the animal services agency.

(f)

The owner/guardian of a dog found vicious under section 3-1.22.c.3., who has no additional violations of any of the provisions of this chapter, after a 36-month period from the date of designation as vicious, may apply to the director to remove the animal from the list of vicious dogs. The director shall have the discretion to remove the dog from the list of vicious dogs upon proof of the successful completion of at least eight weeks of formal obedience training, other similar evidence of training, or other rehabilitative efforts designed to mitigate the risk to public safety.

Regulatory measures in addition to those under state law: The administrative hearing officer shall have the authority to impose any of the regulatory actions authorized under the California Food and Agricultural Code and this chapter. To the extent justified by the circumstances, the administrative hearing officer shall have the authority to impose additional regulatory restrictions that have a reasonable nexus to the circumstances of the case which may not be adequately addressed by the normal statutory remedies. Such measures shall be undertaken in the interests of public health and safety, and may include, but not be limited to the following:

(a)

Destruction of the dog;

(b)

Muzzling of the dog;

(c)

Confinement of the dog;

(d)

Displaying conspicuously on the owner/guardian's property such signs as are required by animal services and to be obtained at owner/guardian's expense with a symbol warning of the presence of a potentially dangerous or vicious dog;

(e)

Restrictions upon owner/guardianship of the dog or similar animals;

(f)

Loss of the right to maintain the dog or similar dogs identified by the hearing officer;

(g)

Loss of the ability to take the dog off the confined premises of the owner/guardian's property;

(h)

Restrictions upon the animal services business that may be subject to animal services regulation;

(i)

Similar restrictions upon the dog or owner/guardian, or service provider calculated to prevent further loss of property, risk of harm to animals or risk to human life;

(j)

Any measures, not otherwise hereinabove set forth that, are reasonably calculated to reduce the risk of harm to human life and safety, or reasonably calculated to prevent property loss or the loss or harm to animals.

Failure to comply with regulatory measures. In the event an owner/guardian of a dog fails to comply with the regulatory measures deemed necessary by an administrative hearing officer, a further hearing may be convened for the purposes of determining what, if any, sanctions are appropriately imposed. The procedures for such a hearing are set forth in section 3-1.13.

3-1.23 Prohibition. No person shall board, have, keep, maintain, display or have in his/her possession or control, for any length of time any wild and/or undomesticated animal, as defined in section 3-1.24.

3-1.24 Definition of Wild and/or Undomesticated Animal. For purposes of sections 3-1.23 through 3-1.25, a "wild and/or undomesticated animal" is defined as an animal which is wild by nature and not customarily domesticated in Marin County and which, because of its size, disposition or other characteristics could

constitute a danger to human life or property and/or require specialized handling. Such wild and/or undomesticated animals shall be deemed to include but are not exclusive of:

Class Mammalia.

Order Carnivora.

(a)

Family Felidae (cat) including but not limited to such members as the tiger, the jaguar, the leopard, the lion, the serval, the mountain lion, the bobcat, the ocelot and the cougar, excepting Felis Domesticus (domestic cat),

(b)

Family Hyenidae (hyena),

(c)

Family Urisideae (bear),

(d)

Family Candidae (dog) excepting Canis Familiaris (domestic dog) and including but not limited to such members as the wolf, coyote and the jackal;

Order Probscidea (elephant);

Order Primata (primates), including but not limited to the chimpanzee, the baboon, the orangutan, the gibbon, the macaque and the gorilla, excepting the Family Hominidae (man);

Order Artiodactyla, even-toed hoofed mammals such as water buffalo, camels, elk, moose, deer and antelope, excluding the domesticated species of the Family Suidae (domestic pig) and Family Bovidae (cattle, sheep, goats, llamas and alpacas);

Order Perissodactyla, odd-toed hoofed mammals including the zebra, tapirs and rhinoceros, excluding the domesticated species of the Family Equidae (horses, donkeys, etc.);

Order Marsupialia, including kangaroos and wallabies;

Order Pinnipedia, including seals, sea lions and walruses;

Order Pilusa, including sloths and tamanduas

Class Reptilia.

Order Squamata.

(a)

Sub-Order Serpentes, all front and rear fanged venomous snakes,

(b)

Sub-Order Lacertilia, both venomous species of the Family Heloder Matidae (gila monster and Mexican beaded lizard);

Order Crocodilia (crocodile, alligator and caiman).

Class Aves.

Sub-Order Ratitae, such as, but not limited to, ostriches, rheas, cassowaries and emus, excluding small caged birds such as parakeets, canaries, love birds and finches.

Class Chondrichthyes.

Elasmobranchii, including sharks.

Any other species of the animal kingdom (as opposed to vegetable or mineral) which is venomous to human beings whether its venom is transmitted by bite, sting, touch or other means, except the honey-producing bee.)

3-1.25 Remedial Measures.

Impoundment. Any wild and/or undomesticated animal as defined in section 3-1.24 of this chapter determined to be in the city in violation of section 3-1.23 may be impounded by animal services.

Notice of removal. Whenever animal services causes the impoundment of such wild and/or undomesticated animal as authorized in section 3-1.25.a., animal services shall immediately give notice of such impoundment, the grounds thereof and the place to which such animal has been impounded.

Penalty. Any person or entity other than a licensed California wildlife rehabilitator or an American Zoological Association (AZA) accredited facility, who boards, has, keeps, maintains, or has in his/her possession or control, for any length of time, any wild and/or undomesticated animal in violation of any of the provisions of sections 3-1.23 through 3-1.25 of this chapter shall be guilty of a misdemeanor and shall be subject to imprisonment in the county jail for not more than six months or a fine not to exceed one thousand ($1,000.00) dollars or both.

3-1.26 Limitation on Number of Dogs. Notwithstanding any provisions hereof to the contrary, it is unlawful for any person to keep or harbor more than the number of animals permitted by chapter 19 of the Novato Municipal Code on any lot, premises, dwelling, building, structure, boat or living accommodation. As used in this section, lot, dwelling, building and structure have the same meaning as set forth in chapter 19.60.

3-1.27 Stray Animals. Any person discovering a stray or apparently lost animal shall report the same to the animal services agency. Any person who apprehends or picks up a stray or lost animal shall report the same to the animal services agency within eight hours thereafter and shall release such animal to the animal services agency upon demand.

3-1.28 Fees for Pickup and Disposal of Dead Dogs, Cats and Small Household Pets and Wildlife. A fee, as may be established by the County of Marin fee schedule, shall be charged to an owner/guardian of a dead dog, cat or small household pet for the pickup and disposal of the animal by the animal services agency. Fees as may be established by the County of Marin fee schedule , may be charged for pickup and disposal of dead wildlife under 50 pounds, and a higher fee may be charged for dead wildlife 50 pounds and over by the animal services agency.

3-1.29 Biting Animals to be Reported. The owner/guardian or other person having custody or control of any animal which bites a human being shall immediately notify the county health officer or the animal services agency of such bite, giving the name and address of the person bitten, if known, and shall faithfully obey any quarantine or other regulatory instructions (including but not limited to the temporary surrender of the deceased animal for testing) in furtherance of public health given by the health officer or his/her designated representative. To the extent the regulatory instructions of the health officer reach beyond the scope of the powers authorized under California Health & Safety Code section 121710, violations of duties created under this code shall be treated as infractions.

3-1.30 Stray Livestock—Charges. Notwithstanding any provisions in this chapter to the contrary, the Agricultural Code of the State of California, Division 3, Chapter 5, shall be complied with in reference to stray bovine animals, horses, mules or burros; however, stray animals will be subject to fees as may be established

by the County of Marin fee schedule. The county shall also be entitled to collect for all costs incurred and fees in connection with such animals, including, but not limited to, the cost of herding, advertising, transporting, drugs, and veterinary services. The fees for said services may be established by the County of Marin fee schedule.

3-1.31 Prohibition of Big Cats in Residential Areas. It is unlawful for any person to keep, possess, place, store, maintain, control, house, maintain custody of or board, or for any person to permit another, or to assist another in keeping, possessing, placing, storing, maintaining, controlling, housing, keeping custody of or boarding any kind or breed of any live cat (Family Felidae) except house cats (Felis Domesticus) in any area zoned as residential pursuant to chapter 19 of the Novato Municipal Code.

3-1.32 Feeding of Certain Wild Animals.

No person shall intentionally feed or in any manner knowingly provide food for non-captive wild and/or undomesticated animals as defined in section 3-1.24, including, but not limited to, coyotes, mountain lions, foxes, bobcats, raccoons, skunks, opossums and turkeys.

This section shall not apply to persons legally engaged in trapping wild animals with devices utilizing food items as bait pursuant to applicable laws.

3-1.33 Use of Animals for Exhibits. It is unlawful for any person to operate, conduct or maintain any commercial show, circus, animal exhibition, carnival, advertising or educational display or device in which any animal, wild or domestic, is used or kept without first having obtained a permit from the animal services agency at least 30 days prior to the scheduled event.

The Animal Services Agency shall receive and review applications for such permits upon the applicant's filing and the payment of the applicable permit fee imposed for such purposes as may be established by the County of Marin fee schedule within 30 days of the filing thereof. Only one fee shall be paid per application, irrespective of the number of animals or exhibitions for which the application is made.

The animal services agency, may, in connection with this permit authority either, establish operating conditions, deny the application or revoke the permit if the animal services agency can reasonably demonstrate that the conditions imposed upon issuance of the permit or its denial are necessary to protect the public health and safety, or provide for the humane care and treatment of any animals used or kept.

The animal services agency shall not issue permits for any wild and/or undomesticated animal as defined in section 3-1.24 of this chapter or any other species they deem inappropriate in order to protect public health and safety and/or animal welfare.

The animals services agency shall make written findings regarding the conditions imposed with issuance of the permit or written findings and explanation for denial of the permit within seven business days of receiving the application. The animal services agency may waive the permit fee when the use of the animals for exhibit benefits a nonprofit, educational or governmental organization and an inspection of the exhibit is not necessary. If the animal services agency denies or revokes a permit, the applicant or permittee may request a hearing in accordance with the provisions of section 3-1.35.

3-1.34 Commercial Animal Establishment. It is unlawful for any person to operate or maintain any commercial animal establishment without first obtaining a permit therefore in addition to any land use entitlement required by chapter 19 of the Novato Municipal Code. An annual permit fee may be established by the County of Marin fee schedule. Such permit shall expire on the last day of the twelfth month from the date of issue. In the event that application for renewal is not made on or before the date of expiration, a delinquency charge, as may be established by the County of Marin fee schedule, may be assessed. For every calendar month of delinquency, an additional fee may be assessed if such a fee is established by the County of Marin fee schedule.

The animal services agency shall, in connection with the issuance of any such permit, establish such conditions as may be necessary to provide for the humane care and treatment of animals. The animal services agency may deny or revoke such permit when necessary to insure public safety and the humane care or treatment of animals.

3-1.35 Hearing Regarding Permits for Use of Animals for Exhibits. A request for a hearing shall be in writing and filed with the animal services agency no later than seven days following transmittal of the animal services agency's decision and accompanying findings and conditions with findings to the permittee. Animal services agency shall set the hearing for a date no later than ten days after its receipt of the request for hearing. The hearing shall be held by the hearing officer (County Administrator of the County of Marin or his/her appointee). The hearing officer shall render a decision within ten days following completion of the hearing. The decision of the hearing officer shall be final.

3-1.36 Dog Hobbyists.

Regulations. No permit shall be issued for dog hobbyist activities unless such activities also comply with the land use requirements set forth in chapter 19 of the Novato Municipal Code.

Permit. An individual who wants to qualify as a dog hobbyist must apply for a permit from the animal services agency. A permit shall be issued if after investigation, the animal services agency determines that the applicant is a bona fide dog hobbyist, maintains appropriate premises for the proper confinement and control of dogs. The animal services agency must determine that issuance of a permit will not create a nuisance in the neighborhood in which the activity is proposed, and in all other respects complies with the regulations adopted by the animal services agency pertaining to dog hobbyists. Permits may be issued subject to such conditions as the animal services agency determines are necessary to protect the public health and welfare and to avoid the creation of a nuisance or public health hazard.

Hearings. Any applicant, permittee or other interested party aggrieved by the issuance, revocation or modification of a permit may request a hearing provided by section 3-1.13. A request for a hearing or mediation shall be in writing and filed with the animal services agency not later than thirty working days following transmittal of the animal services agency's decision to the applicant or permittee. Upon conclusion of the hearing, the presiding officer shall issue an appropriate order sustaining, modifying or setting aside the determination of the animal services agency.

Revocation of Permit. A permit may be revoked, or continued, subject to limited conditions of use, if the animal services agency determines that any of the following conditions exist:

The permittee has violated the provisions of this chapter twice in one license year.

The permittee has been convicted of cruelty to animals.

The permittee has failed to comply with the conditions of the permit.

Continuation of the permit will create a public nuisance or health hazard.

Continuation of the permit will create a nuisance in the neighborhood in which the permit has been issued.

Fees and Licenses. The animal services agency shall collect a fee for the issuance of each dog hobbyist permit as may be established by the County of Marin fee schedule. The issuance of a dog hobbyist permit shall include provision of an individual license for each dog harbored under the permit at no additional charge.

Confinement. All dogs under the control of a dog hobbyist must be confined to the owner/guardian's property at all times, except when removed for training, recreational use or exhibition, at which times they must be under the immediate control of the permittee or agent.

3-1.37 Ranch Dog Permittees. The provisions and regulations provided in section 3-1.36 for dog hobbyists shall govern and apply to all ranch dog permittees. The fees and license requirements for any ranch dog permittee shall be the same as provided in section 3-1.36 for dog hobbyists.

3-1.38 Sale of Animals for Experimentation. The animal services agency or anyone employed by the animal services agency shall not knowingly sell or give any impounded animal to any person, firm, corporation, association or school for the purpose of animal experimentation. No person, firm, corporation, association or

school shall by fraud, misrepresentation or coercion induce the animal services agency or anyone employed thereof to sell or give away any impounded animal for the purpose of animal experimentation.

3-1.39 Animals and Vehicles.

No person, other than an individual actually working a dog for ranching purposes, shall transport or carry, on any public highway or public roadway any dog in a motor vehicle, unless the animal is safely enclosed within the vehicle or protected by a cap or container, cage or other device that will prevent the dog from falling from, being thrown from, or jumping from the motor vehicle.

No person shall leave an animal in an unattended vehicle without adequate ventilation, or in such a manner as to subject the animal to extreme temperatures which adversely affect the animal's health or welfare.

3-1.40 Senior Citizen, Blind or Disabled Persons Discount on Specified Fees.

Senior citizens age 62 and older, blind or disabled persons, upon satisfactory proof to the animal services agency may be entitled to a fee discount for specified county fees referenced in this chapter.

For purposes of this section a person shall be considered to be disabled if that person is unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to last for a continuous period of not less than 12 months, and only if the physical or mental impairments are of such severity that person is not only unable to do his or her previous type of work, but cannot, considering age, education and work experience, engage in any kind of substantial gainful work.

A person shall be considered blind if there has been a medical determination of either of the following conditions:

Central vision acuity (sharpness of vision) of no more than 20/200 with correction; or

Tunnel vision, which is limited visual field of 20 degrees or less.

3-1.41 Penalty for Violation.

Any person violating any of the provisions of sections 3-1.21-23, 3-1.31, and 3-1.33 of this chapter is guilty of a misdemeanor, punishable by a fine of not more than five hundred ($500.00) dollars or by imprisonment in the county jail for not more than six months, or by both such fine and imprisonment.

Except where otherwise provided, any person or persons violating any other provision or provisions of this chapter shall be deemed guilty of an infraction as provided in Section 19.6 of the California Penal Code, and upon conviction thereof shall be punished by a fine of increasing severity based upon prior convictions of the same offence within one year in the manner set forth in Government Code Section 25132(b). Every violation determined to be in an infraction is punishable by (1) a fine not exceeding one hundred ($100.00) dollars for a first violation, (2) a fine not exceeding two hundred ($300.00) dollars for a second violation of the same ordinance within one year; (3) a fine not exceeding five hundred ($500.00) dollars for each additional violation of the same ordinance within one year.

(Ord. No. 1640, § 1, 6-12-2018)

3-2 - Livestock on Highways.

3-2.1 Unaccompanied Livestock on Certain Roadways Prohibited. It is unlawful for any person controlling the possession of any livestock, to voluntarily or negligently permit any such livestock to stray upon or remain unaccompanied by a person in charge or control thereof upon a public roadway, both sides of which are adjoined by property which is separated from such roadway by a fine, wall, hedge, sidewalk, curb, lawn or building.

3-2.2 Nighttime Herding on Highways Regulated. It is unlawful for any person to drive any such livestock upon, over or across any public roadway between the hours of sunset and sunrise without keeping a sufficient number of herders on continual duty to open the road so as to permit the passage of vehicles.

(Ord. No. 1640, § 1, 6-12-2018)

3-3 - Dogs Running Deer.

3-3.1 Hunting. The provisions of sections 3-3.2 through 3-3.3 of this chapter shall not apply to individual engaged in hunting activities during the periods authorized and in the manner authorized by the California Fish and Game Code and the California Administrative Code.

3-3.2 Permitting Dogs to Run Deer. Every owner/guardian, of any dog who suffers or permits such dog or dogs to hunt, chase, course or kill deer in the city shall be guilty of a misdemeanor.

3-3.3 Allowing Certain Dogs at Large. Every owner/guardian, of any dog accustomed to or having the propensity to hunt, chase, course or kill deer who suffers or permits such hound or hounds or other dogs to go or run at large in the city shall be guilty of a misdemeanor.

(Ord. No. 1640, § 1, 6-12-2018)

3-4 - Cat Microchipping and Sterilization.

3-4.1 Required Cat Microchipping.

Except as provided in subsection 3-4.3, every person owning any cat over the age of four months shall microchip each such cat.

Said microchipping shall be accomplished by the injection of an identifying microchip under the cat's skin. Visible identification of the cat through the use of tags or other means, while permissible, shall not be a substitute for the requirement of an identifying microchip. An alternative means of identification shall be accomplished for any cat when a licensed veterinarian certifies that the insertion of a microchip would be injurious to said cat's health.

As used in this section, the terms "owning" and "owner" shall refer to any person who owns, harbors or has custody or control of a cat at their residence.

3-4.2 Required Cat Sterilization. Except as provided in subsection 3-4.3, each person owning any cat over the age of four months which is present in the city shall have such cat sterilized.

3-4.3 Exceptions. Subsections 3-4.1 and 3.4.2 shall not apply to any of the following:

Any cat brought into the city and kept therein for a period not to exceed 30 days for the exclusive purpose of entering the cat in any show or exhibition.

Any cat owned specifically for the purposes of breeding by a person possessing all required licenses and permits for said purpose.

Any cat owned by any person who is not a resident of the city and is traveling through the city temporarily and for a period not to exceed 30 days.

Any cat found within the incorporated boundaries of the city whose owner does not reside in the city, provided that such cat is wearing visible tags or has been injected with an identifying microchip.

Any cat brought or sent into the city for the purpose of receiving veterinary care, in the event that such cat is kept at all times strictly confined within the care of a veterinarian whose business is located within the city.

No resident shall be discouraged or penalized for caring or feeding other than owned cats, as defined in subsection 3-1.2d.

3-4.5 Enforcement. The Marin Humane Society shall have the authority to enforce the provisions of subsections 3-4.1 and 3-4.2 as allowed by law, except as provided below. The Marin Humane Society will provide no cost or low cost microchip implanting or sterilization options to owners who are found in violation of this section and certify in writing that they cannot afford all or some of the remedies.

No animal whose owner has violated subsection 3-4.1 or 3-4.2, and no other provisions of this chapter, shall be impounded.

No impounded animal shall be released to its owner or released for adoption until such time as its owner has complied with subsections 3-4.1 through 3-4.4.

Violations of subsection 3-4.1 or subsection 3-4.2 shall be an infraction. In the event that an owner brings his or her animal(s) into compliance with subsection 3-4.1 and subsection 3-4.2 within 20 calendar days from the date of the citation, or makes a good faith effort to come into compliance as may be reasonably determined by the Marin Humane Society, the Marin Humane Society shall request that the citation be dismissed in the interests of justice.

be an infraction. In the event that an owner brings his or her animal(s) into compliance with subsection 3-4.1 and subsection 3-4.2 within 20 calendar days from the date of the citation, or makes a good faith effort to come into compliance as may be reasonably determined by the Marin Humane Society, the Marin Humane Society shall request that the citation be dismissed in the interests of justice.

3-4.6 Annual Report. Annually, the Marin Humane Society, shall present to the city council a report analyzing, as practicable as possible, the effects of this section 3-4. As a minimum, the report shall include:

Number of Marin Humane Society interactions with cats belonging to City of Novato owners or found to be within the city limits of the City of Novato, by type of interaction.

Number of field responses within City of Novato city limits involving cats.

Detail of processing costs and revenues.

Evaluation of program goals.

Recommendation on any program changes.

(Ord. No. 1640, § 1, 6-12-2018)