San Francisco County Municipal Code § 41.5 Animal Control Officer; Powers and Duties; Badges

(a) The Animal Control Officer shall have the following powers and duties: 1. To enforce the provisions of Sections 41.1 through 41.25, inclusive of this Article, and to impound any animal at large in violation thereof. 2. To cooperate with the Health Officer in the enforcement of animal quarantine directives. 3. To keep a record of the number, description, and disposition of all animals impounded or otherwise taken into custody, showing in detail in the case of each animal the date of receipt, the date and manner of disposal, the name of the person reclaiming, redeeming, or purchasing said animal; the fees, charges and proceeds of sales received, and such additional records as the Controller of the City and County may prescribe. Such records shall not be removed except upon written order of a court of competent jurisdiction or other duly constituted authority. 4. To appoint Deputy Animal Control Officers whose authority shall be the same as that of the Animal Control Officer as herein set forth. 5. To enter into agreements with individuals and entities, including but not limited to, other departments of the City and County, licensed veterinarians practicing in the City and County, retailers of pet supplies and providers of animal care services engaged in business in the City and County, and nonprofit organizations engaged in promoting animal welfare, to authorize these entities to receive applications and payment for dog licenses, and to issue such licenses in accordance with the requirements of Sections 41.15 through 41.20 and 41.23 of this Article. It shall be unlawful for any person to oppose, resist, or otherwise interfere with the Animal Control Officer or his or her duly authorized deputies or agents in the performance of the duties herein set forth. (b) The Animal Control Officer and his or her deputies, while engaged in the execution of duties that involve field patrols, emergency response activities, impoundment of animals, issuance of citations, enforcement of animal quarantine directives, and any other activities related to the enforcement of animal care and control laws shall wear in plain view a badge, having in the case of the Animal Control Officer the words "Animal Care and Control Officer" and in the case of any Deputy Animal Control Officer the words "Deputy Animal Care and Control Officer" engraved thereon. (Added by Ord. 226-73, File No. 136-73-1, App. 6/22/73; amended by Ord. 182-89, File No. 97-89-14, App. 06/05/89; Ord. 2-02, File No. 010491, App. 1/18/02)

For purposes of this Section a biting dog shall be defined as follows: Any dog that bites any person or other animal in the City and County of San Francisco, provided, however, that the person or animal bitten was not at the time either provoking or teasing the dog without cause. For the purposes of this Section, the records of dog bites kept by the Department of Public Health shall be deemed official records and shall establish a rebuttal presumption of the number of bites recorded. (a) (i) If a dog is reported and recorded by the Department of Public Health to have bitten any person or animal, the owner or guardian of said dog shall be deemed guilty of an infraction which shall be punishable by a fine of $25. The Director of Public Health shall inform the Police Department of the bite of said dog and the Police Department shall issue a citation to the owner or guardian of said dog. (ii) In the event that a biting dog causes severe injuries to a person or other animal, the Director of Public Health may recommend that such dog be declared a menace to the public health and safety and he shall so inform the District Attorney by a written Complaint. The District Attorney shall then bring said written complaint to the Municipal Court for a finding that the dog is a menace to the public health and safety. If the Court finds the dog to be a menace to the public health and safety, the owner or guardian thereof shall be subject to the provisions of paragraph (c) of this Section, and upon order of the Court, the Animal Control Officer or a Police Officer shall impound, hold and humanely destroy the dog in accordance with the procedures of paragraph (c) of this Section. (b) If a dog is reported and recorded by the Department of Public Health to have bitten any person or animal a second time within 12 consecutive months from the first bite, the owner or guardian of said dog shall be deemed guilty of a misdemeanor and shall be punishable by a fine of not less than $25 nor more than $250 or by imprisonment in the County Jail for a period of not more than six months, or by both such fine and imprisonment. The Director of Public Health shall inform the Police Department of the second bite of said dog and the Police Department shall issue a citation to the owner or guardian of said dog. (c) If a dog is reported and recorded by the Department of Public Health to have bitten any person or animal within 12 consecutive months from said dog's second bite, the Director of Public Health shall recommend said dog be declared to be a menace to the public health and safety and shall so inform the District Attorney by a written complaint. The District Attorney shall then bring said written

complaint to the Municipal Court for a finding that the dog is a menace to the public health and safety. If the Court finds the dog to be a menace to the public health and safety, the owner or guardian thereof shall be guilty of a misdemeanor and shall be punishable by a fine of not less than $50 nor more than $500 or by imprisonment in the County Jail for a period of not more than six months, or by both such fine and imprisonment. Upon order of the Court, the Animal Control Officer or a Police Officer shall immediately impound the dog, and after a period of 10 days from the time of impoundment, the dog shall be humanely destroyed unless the owner or guardian shows the Court good cause why said dog should not be destroyed. (Added by Ord. 77-75, File No. 136-74-1, App. 3/12/75; amended by Ord. 232-78, File No. 59-78-2, App. 5/19/78; Ord. 5-03, File No. 021645; App. 1/24/2003)