Tiburon Municipal Code Art. I In General

This chapter shall be known and may be referred to in all proceedings as the ASO (Animal Services Ordinance).

(Ord. No. 505 N.S., § 2 (part))

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 the agency appointed in section 20-2.110 to implement and enforce portions of this chapter.

"Biologically sensitive area" means an area where biologically sensitive flora or fauna are known or believed to exist and which is identified by appropriate signage or other demarcation as an area not to be entered.

"Board of supervisors" means the board of supervisors of the County of Marin.

"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:

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

(2) Buying or selling livestock for agricultural purposes;

(2) Livestock establishments;

(3) Buying and selling of dogs by dog hobbyists;

(4) Buying and selling of dogs by ranch dog permittees;

(5) Business activities of a duly licensed veterinary hospital;

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

(7) Town designated animal services provider.

"Commercial district" means any property zoned for commercial and/or office uses as set forth on the town of Tiburon zoning map pursuant to title IV, chapter 16, of the Code.

"County" means the county of Marin.

"County administrator" means the county administrator of the county of Marin or his/her designee.

"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, 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 section 20-2.245 of this chapter.

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

"Dog running at large" means a dog that is not under the immediate control and direction of a competent, responsible person who is capable of controlling the dog.

"Dog walker" means a person who brings more than three dogs into a public place at any one time.

"Dog walking permit" means a permit issued by the Tiburon Public Works Department authorizing a dog walker to walk a maximum of six dogs at any one time on town open space. Permits will be valid for one year from the date of issuance.

"Downtown area" means all that area bounded by, and including, Mar West Street to the north and west; Upper Main Street and the city of Belvedere boundary line to the south; and San Francisco Bay to the east.

"Fire road" means a readily identifiable and generally twin-track or graded passage way in town open space capable of providing vehicular use, specifically for emergency and maintenance vehicles. Fire roads are generally at least eight feet wide.

"Identification vest" means a numbered vest issued by the Tiburon Public Works Department to dog walking permit holders.

"Large animal" means any cloven-footed or hoofed animal, including without limitation, any cow, goat, sheep, pig, llama, or member of the horse family.

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

"Owner/guardian" means any person who has the legal responsibility and rights of an owner/guardian after keeping or harboring an animal for fifteen or more days, except a veterinarian or an operator of a kennel engaged in the regular practice of this 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, and local law, current and/or as modified.

"Poultry" means any chicken, rooster, turkey, duck, goose, or other domesticated bird that is commonly associated with the production of eggs or meat.

"Public place" means any and all areas that are open for public use whether or not such area is in public or private ownership. The term "public place" as used in this chapter shall include, without limitation and without regard to whether such property is publicly or privately owned, streets, sidewalks, pathways, parks, pedestrian ways, schoolyards, beaches, and parking lots.

"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 under title IV, chapter 16, article II of the Tiburon Municipal Code, four or more dogs for personal, recreational, or noncommercial purposes.

"Town open space" means any town-owned public place that is protected from development by state or local law, easement, grant deed or other legally binding instrument. Town-owned public places include land that the town owns outright or in which the town holds an easement, leasehold or other real property interest. Town open space lands are generally zoned "OS—Open Space" on the Tiburon Zoning Map.

"Trail" means a readily-identifiable and often incised unpaved passage way in town open space that is generally single-track and generally allows users to walk not more than two abreast. Trails are not permitted to have vehicles on them and are generally not more than two to three feet wide.

(Ord. No. 505 N.S., § 2 (part))

(Ord. No. 519 N.S., § 4E., 3-17-2010; Ord. No. 544, § 3A, 6-19-2013; Ord. No. 595 N.S., § 3A, 2-16-2022)

The keeping of poultry shall require a conditional use permit pursuant to title IV, chapter 16 of the Code, except as may otherwise be provided therein for the keeping of chickens.

(Ord. No. 505 N.S., § 2 (part))

(Ord. No. 519 N.S., § 4F., 3-17-2010; Ord. No. 542 N.S., § 2(D)(1), 8-15-2012)

Editor's note— Ord. No. 542 N.S., § 2(D)(1), adopted Aug. 15, 2012, changed the title of § 20-1.003 from "Use permit required—poultry, livestock, bees" to "Use permit required—poultry". This historical notation has been preserved for reference purposes.

The keeping of any large animal on a lot or premises shall require a conditional use permit pursuant to title IV, chapter 16, of the Code. Refer to article V of this chapter for specific regulations regarding horses.

(Ord. No. 505 N.S., § 2 (part))

(Ord. No. 519 N.S., § 4G., 3-17-2010)

(a) Except where otherwise provided, any person violating any of the provisions of sections 20-2.179 (barking dogs), 20-2.180 (trespassing animals), 20-2.181 (dangerous dogs), 20-2.225 (big cats), 20-2.230 (animal exhibits), 20-2.240 (commercial animal establishments), 20-2.245 (dog hobbyists) and 20-2.246 (ranch dog permittees) of this chapter is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not to exceed one thousand dollars, by imprisonment in the county jail for not more than six months, or by both such fine and imprisonment.

(b) Unless otherwise specified herein, any person violating any other provision of this chapter shall be guilty of an infraction. In addition to all other remedies available under this chapter, under title VI, chapter 31 of this code, or under state law, any violation of this chapter shall be subject to abatement as a public nuisance. All costs relating to enforcement of this chapter shall be borne by and recoverable from the person in violation thereof.

(Ord. No. 505 N.S., § 2 (part))