Article 1 — Animal Control

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

(a)

"City" shall mean the City of Pacifica.

(b)

"Commission" shall mean the Animal Advisory Commission of the City.

(c)

"Commercial stable" shall mean a stable or pasture operated for the hire of horses or the boarding or training of horses or livestock which is owned by persons other than the operator of the stable.

(d)

"County" shall mean the County of San Mateo.

(e)

"Health Officer" shall mean the person who has been designated by the Board of Supervisors as the Health Officer of the County and any other person duly authorized by such Health Officer to act on his behalf.

(f)

"Homing pigeon" shall mean and include only such pigeons which are maintained and housed by the owner thereof in a pigeon loft, which pigeons may be identified by means of leg bands.

(g)

"Horse" shall mean and include any member of the horse genus (equus).

(h)

"Livestock" shall mean all animals normally considered farm animals which are kept for enjoyment, use, or profit.

(i)

"Owner" shall mean the person legally entitled to the possession of the animal concerned, or a member of the household or business where such animal is being kept, or a designated agent of the person legally entitled to possession.

(j)

"Permit" shall mean a permit issued by the Building Official.

(k)

"Person" shall mean and include corporations, estates, associations, partnerships, and trusts, as well as one or more individuals.

(l)

"Small animals" shall mean and include household pets, such as domestic fowl, dogs, cats, rabbits, hamsters, chinchillas, guinea pigs, domestic rats and mice, birds, mammals (except humans), and other animals of a similar nature, but shall not include exotic animals.

(§ III, Ord. 381-C.S., eff. December 14, 1983, as amended by § 2, Ord. 442-85, eff. April 24, 1985)

The Council shall adopt any required administrative policies which specify circumstances in which fees are required for permits to keep animals or maintain certain uses of property concerning animals. In each instance in which a fee is specified, a permit shall be required to keep such animals or maintain such uses as follows:

(a)

Small animals;

(b)

Pet stores;

(c)

Chicken roosters;

(d)

Homing pigeons;

(e)

Horses and livestock;

(f)

Stallions; and

(g)

Commercial stables.

(§ III, Ord. 381-C.S., eff. December 14, 1983; § 3, Ord. 859-C.S., eff. October 13, 2020)

Each application for a permit required by the provisions of this chapter shall state the species to be maintained and such other information as shall be required by the Building Official. Each application shall be accompanied by an accurate plot plan showing the proposed new or existing facilities and the location of neighbors' dwellings abutting the property of the applicant.

(§ III, Ord. 381-C.S., eff. December 14, 1983, as amended by § 3, Ord. 442-85, eff. April 24, 1985)

The fees for the permits required by this chapter shall be as specified by the Council.

(§ III, Ord. 381-C.S., eff. December 14, 1983)

(a)

Upon the submission of an application for a permit, the Building Official shall inspect the premises. The County Health Officer, Animal Control Official, and Animal Advisory Commission member shall also assist in the inspection of the premises if requested by the Building Official.

(b)

The issuance of a permit by the Building Official shall be based on findings that the issuance of the permit will not be detrimental to the public health, safety, and general welfare and will be in compliance with City, County, and/or State regulations.

(c)

The issuance of a permit shall also be conditioned upon compliance with the Pacifica Administrative Policies on Standards for Keeping Animals.

(§ III, Ord. 381-C.S., eff. December 14, 1983, as amended by § 4, Ord. 442-85, eff. April 24, 1985)

Any permit issued pursuant to this chapter may be revoked as provided in this section if, after an investigation, the Building Official finds any of the following to be true:

(a)

The owner or his agent or employee has been convicted of any offense involving the violation of Section 597 of the Penal Code of the State, or any provision of this chapter, or is in violation of the zoning, health and safety, or building regulations relating to the keeping of animals; or

(b)

The owner has failed to keep and maintain the premises or housing for the animals in a clean and sanitary condition; or

(c)

The owner, at the place for which the permit is issued, has failed to provide any animal with proper food, water, shelter, or attention; or

(d)

The owner has violated any applicable State, County, or City law, regulation, or condition imposed by the Commission.

(§ III, Ord. 381-C.S., eff. December 14, 1983, as amended by § 5, Ord. 442-85, eff. April 24, 1985)

In the event the applicant or any aggrieved person is not satisfied with the decision of the Building Official, an appeal may be filed with the Animal Advisory Commission. All appeals of decisions on animal permits shall be filed in writing within seven (7) days after the decision.

(§ III, Ord. 381-C.S., eff. December 14, 1983, as amended by § 6, Ord. 442-85, eff. April 24, 1985)

(a)

The penalty provisions for violations of this chapter shall be as specified by Chapter 2 of Title 1 of this Code.

(b)

The City Attorney or his representative, where it is determined in the best interests of justice, may specify that any such violation of this chapter shall be deemed an infraction.

(§ III, Ord. 381-C.S., eff. December 14, 1983, as amended by § 7, Ord. 442-85, eff. April 24, 1985)