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Health Code

San Francisco County Municipal Code Art. 1 Animals

San Francisco County Municipal Code · 2026-09 edition · updated 2026-10-22 · San Francisco County

Cite as: San Francisco County Municipal Code Article 1 · Text as of 2026-10-22

Sec. 1. Report of Diseases of Animals Required. Sec. 2. Penalty. Sec. 7. Contagious Diseases of Animals. Sec. 12. Keeping of Cows. Sec. 27. Stable Permits. Sec. 32. Keeping of Beef Cattle. Sec. 37. Keeping and Feeding of Small Animals, Poultry and Game Birds. Sec. 38. Penalty. Sec. 39. Reporting of dog bites. Sec. 40. Dog to be Controlled so as Not to Commit Nuisances. Sec. 40.5. Protection for Dogs in Motor Vehicles. Sec. 40.6. Enclosure of Animals in Motor Vehicles. Sec. 41. Definitions. Sec. 41.4. Animal Care and Control Department; Establishment; Appointment of Animal Control Officer; Powers and Duties of Animal Care and Control Department. Sec. 41.5. Animal Control Officer; Powers and Duties; Badges. Sec. 41.5.1. Biting Dogs. Sec. 41.6. Impoundment. Sec. 41.7. Periods of Impoundment. Sec. 41.8. Redemption. Sec. 41.9. Disposition of Animals. Sec. 41.10. Charges and Fees. Sec. 41.11. Quarantine; Delivery of Carcass. Sec. 41.12. Duties of Owners or Guardians. Sec. 41.13. Penalties. Sec. 41.14. Enforcement Against Violations on Property Under Jurisdiction of Recreation and Park Commission; Designated Officers and Employees. Sec. 41.15. Dogs: Dog License Fee Licensing Requirement; Fees; Term of License. Sec. 41.16. Reduction in Fee – Special Circumstances. Sec. 41.17. Fees – Late Payment Penalty. Sec. 41.18. Vaccination Required for License. Sec. 41.19. Young Dog Certificate. Sec. 41.20. Certificate to Owner or Guardian. Sec. 41.21. Removal of Tag Prohibited. Sec. 41.22. Duplicate License or Registration Tag Issued. Sec. 41.23. Exceptions. Sec. 41.24. Enforcement. Sec. 41.25. Penalties; Administrative Citations. Sec. 41.26. Annual Adjustment of Fees. Sec. 42. Definitions. Sec. 42.1. Fight Training Prohibited. Sec. 42.2. Registration. Sec. 42.3. Seizure of Dog: Hearings. Sec. 42.4. Penalty; Misdemeanor or Infraction.

Sec. 42.5. Enforcement. Sec. 42.6. Rewards. Sec. 42.7. Severability. Sec. 43. Definition of Pit Bull. Sec. 43.1. Mandatory Spaying and Neutering of Pit Bulls; Exceptions. Sec. 43.2. Penalties for Failure to Spay or Neuter Pit Bull. Sec. 43.3. Allocation of Fees and Fines Collected. Sec. 43.4. Operative Date. Sec. 44. Requiring a Permit for the Breeding and Transferring of Pit Bull Puppies. Sec. 44.1. Granting or Denying a Permit. Sec. 44.2. Relocation of Permit. Sec. 44.3. Transference and Sale of Pit Bull Puppies. Sec. 44.4. Fines for Failure to Comply with Permit Requirements. Sec. 44.5. Allocation of Fees and Fines Collected. Sec. 44.6. Exceptions to Permit Posting Requirements. Sec. 44.7. Operative Date. Sec. 45. Onychectomy (Declawing) and Tendonectomy Prohibited; Penalties. Sec. 50. Prohibition. Sec. 51. Definition of "Wild and Potentially Dangerous Animal." Sec. 52. Animals Eligible for Permits. Sec. 53. Application and Fee for Permit. Sec. 54. Confinement Regulations. Sec. 55. Other Laws. Sec. 56. Review of Application for Permit. Sec. 57. Permit Restrictions. Sec. 58. Term and Renewal of Permits. Sec. 59. Revocation of Permits. Sec. 60. Exceptions. Sec. 61. Exception – For Transportation of Animals Through City and County. Sec. 62. Notice of Escape. Sec. 63. Impoundment. Sec. 64. Notice of Removal. Sec. 65. Disposition of Wild and Potentially Dangerous Animals. Sec. 66. Penalty.

Editor's Note: See also, Art. 1A, "Animal Sacrifice"; Art. 1B, "Performance of Wild or Exotic Animals for Public Entertainment or Amusement"; Art. 1C, “Sale of Animals”; Art. 1D, “Animal Fur Products.” SEC. 1. REPORT OF DISEASES OF ANIMALS REQUIRED. Every veterinary physician or surgeon, and every person practicing as such, and every person owning or having animals in his care within the City and County of San Francisco, shall present to the Department of Public Health of said City and County a written notice of the existence of any and every case of glanders or farcy or other contagious or infectious diseases in animals, which may have come under his observation or to his knowledge, which notice shall be given within two days thereafter, and shall contain the name and residence of the possessor of the animal so diseased so far as the same can be ascertained, a description of the animal, and where last seen by the person giving the notice and be signed by him. Editor's Note: Sections designated 1A.1 et seq. are codified in Art. 1A below. Sections designated 1B.1 et seq. are codified in Art. 1B below. Sections designated 1C.1 et seq. are codified in Art. 1C below. Sections designated 1D.1 et seq. are codified in Art. 1D below. SEC. 2. PENALTY.

Any person violating any of the provisions of Section 1 of this Article shall be deemed guilty of a misdemeanor, and, on conviction, shall be punished by a fine of not less than $20 nor more than $500, or by imprisonment in the County Jail not less than 20 days nor more than six months. SEC. 7. CONTAGIOUS DISEASES OF ANIMALS. No animal affected with any infectious or contagious disease shall be brought or kept within the limits of the City and County of San Francisco, except by permission of the Department of Public Health of said City and County. It is hereby made the duty of all persons having any knowledge thereof to report promptly to said Department of Public Health all cases of animals affected with any infectious or contagious disease, and all cases which may be regarded as suspicious or which exhibit symptoms of any contagious or infectious disease. The Department of Public Health shall, upon locating any animal sick as aforesaid, at once order a quarantine against the premises in which said animal is kept, said quarantine to operate only against the exposure of animals to contagion or infection, and shall not be a bar to any person from entering or leaving said premises, unless the disease with which the animal is affected is dangerous to mankind. The owner or custodian of any sick animal as aforesaid must, upon demand by the Department of Public Health, show to the satisfaction of said Department that he or she is competent to properly care for said animal, or that the animal is under the care of a veterinary surgeon. If any developed case of sickness shall be pronounced incurable by the said Department, or by its designated veterinary surgeon, said Department is hereby authorized, empowered and directed to kill the animal so infected with incurable sickness, and to make such disposition of the carcass thereof as it may deem best; provided, however, that if the owner or manager of said animal at the time of such decree has employed a recognized veterinary surgeon to treat the animal and said veterinarian does not agree with the Department of Public Health as to the impossibility of effecting a cure, then and in that event the owner or manager of such animal shall be given the benefit of the doubt, and a reasonable time, not to exceed 30 days, shall be allowed such owner or manager in which to demonstrate to the Department of Public Health that the animal can be cured; and, provided further, that no carcass of any animal dead of an infectious or contagious disease, or killed on account thereof, shall be buried within 500 feet of any residence.

SEC. 12. KEEPING OF COWS.

It shall be unlawful for any person, firm or corporation to keep or cause to be kept any cows within the limits of the City and County of San Francisco, except as herein provided. Any person, firm or corporation may keep one cow upon any lot within the City and County, subject to provisions of Section 27 of this Article and all other laws and ordinances regulating the erection and maintenance of stables. Any person, firm or corporation may keep two or more cows if the person, firm or corporation so keeping the same shall set apart for the use of each two cows so kept at least one acre of land, and such cows shall have full access thereto. The provisions of this Section shall not apply to cattle temporarily confined for slaughtering purposes, nor to cattle in transit.

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SEC. 17. [REPEALED.]

(Repealed by Ord. 140-25, File No. 250606, App. 8/1/2025, Eff. 9/1/2025) Editor's Note: Sections designated 19L.1 et seq. are codified in Article 19L below. Sections designated 19M.1 et seq. are codified in Article 19M below. Sections designated 22A.1 et seq. are codified in Article 22A below.

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SEC. 38. PENALTY.

Any person, firm or corporation violating any of the provisions of Section 37 of this Article shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than $100, or by imprisonment in the County Jail for not more than 30 days, or by both such fine and imprisonment.

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SEC. 39. REPORTING OF DOG BITES.

(a) Any person who owns and/or is in control of a dog that bites a human or other domestic animal shall provide his or her name and address and present his or her driver's license or other form of identification and information regarding the rabies vaccination of the biting dog to the person bitten or the person responsible for the animal bitten. The owner or the person in control of the biting dog shall provide his or her current residence address. If the person bitten is a minor, the owner or person in control of the biting dog shall provide the required information to the parent or guardian of the minor.

(b) In addition to the above requirements, it shall be the duty of any person having knowledge of any animal which has bitten a human being or other animal within the City and County to immediately, and in no case later than the end of the next business day, report the fact to the Department of Animal Care and Control and to furnish as much information as possible, including date, time and location of bite, description of animal or person bitten, name and license number of the biting animal, and rabies vaccination history of the biting animal. (Added by Ord. 14-05, File No. 041555, App. 1/21/2005)

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SEC. 40. DOG TO BE CONTROLLED SO AS NOT TO COMMIT NUISANCES.

(a) It shall be unlawful for any person owning or having control or custody of any dog to permit the animal to defecate upon the public property of this City or upon the private property of another unless the person immediately remove the feces and properly dispose of it; provided, however, that nothing herein contained authorizes such person to enter upon the private property of another without permission. (b) It shall be unlawful for any person to walk a dog on public property of this City or upon the private property of another without carrying at all times a suitable container or other suitable instrument for the removal and disposal of dog feces. (c) Visually handicapped persons who use Seeing Eye Guide Dogs are exempt from this law. (Amended by Ord. 420-78, App. 9/8/78)

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SEC. 40.5. PROTECTION FOR DOGS IN MOTOR VEHICLES.

It shall be unlawful to transport a dog in a motor vehicle upon any street within the City and County of San Francisco unless the dog is fully enclosed within the motor vehicle or is protected by a belt, tether, cage, container or other device that will prevent the dog from falling, jumping or being thrown from the motor vehicle. (Added by 491-84, App. 12/13/84)

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SEC. 40.6. ENCLOSURE OF ANIMALS IN MOTOR VEHICLES.

No dog or other animal shall be left completely enclosed in a parked vehicle without adequate ventilation, or in such a way as to subject the animal to extreme temperatures which may adversely affect the animal's health and welfare. (Added by Ord. 166-85, App. 3/28/85)

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SEC. 41.1. [REDESIGNATED.]

(Added by Ord. 226-73, File No. 136-73-1, App. 6/22/73; amended by Ord. 59-82, File No. 66-80-3, App. 2/19/82; Ord. 182-89, File No. 97-89-14, App. 06/05/89; Ord. 394-89, File No. 118-89-4, App. 11/6/89; Ord. 107-99, File No. 990211, App. 5/7/99; amended and redesignated as Administrative Code Sec. 5.22-1 by Ord. 99-26, File No. 260217, App. 5/29/2026, Eff. 6/29/2026)

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SEC. 41.2. [REDESIGNATED.]

(Added by Ord. 226-73, File No. 136-73-1, App. 6/22/73; amended by Ord. 59-82, File No. 66-80-3, App. 2/19/82; Ord. 182-89, File No. 97-89-14, App. 06/05/89; Ord. 182-89, File No. 97-89-14, App. 06/05/89; Ord. 2-02, File No. 010491, App. 1/18/02; amended and redesignated as Administrative Code Sec. 5.22-2 by Ord. 99-26, File No. 260217, App. 5/29/2026, Eff. 6/29/2026)

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SEC. 41.8. REDEMPTION.

The owner or guardian of any animal impounded or taken into custody may, at any time before the disposition thereof, redeem the same by paying all proper fees and charges accrued as provided for in Section 41.10 hereof, provided, however, that if the animal is subject to the licensing provisions of this Code, said licensing requirements shall also be satisfied before the animal shall be released. (Added by Ord. 226-73, File No. 136-73-1, App. 6/22/73; amended by Ord. 5-03, File No. 021645, App. 1/24/2003)

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SEC. 41.11. QUARANTINE; DELIVERY OF CARCASS.

(a) Any animal falling into one or more of the following categories shall be isolated or quarantined at the place and under the conditions prescribed by the Health Officer and pertinent State laws and regulations: (1) Known rabid animals; (2) Suspected rabid animals; (3) Animals (mammals) which have bitten or otherwise exposed a human being to rabies or suspected rabies; (4) Animals (mammals) which have been bitten by a known or suspected rabid animal or have been in intimate contact with the same. (b) It shall be unlawful for the owner, guardian or keeper of an animal to violate any of the conditions of isolation or quarantine prescribed by the Health Officer or pertinent State laws or regulations. (c) Upon the death of any animal enumerated in Subsection (a) hereof in the custody of the Animal Control Officer, said Animal Control Officer shall arrange for delivery of the carcass of said animal or an adequate specimen thereof to the Health Officer. (Added by Ord. 226-73, File No. 136-73-1, App. 6/22/73; amended by Ord. 5-03, File No. 021645, App. 1/24/2003; Ord. 1405, File No. 041555, App. 1/2/2005)

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SEC. 41.14. ENFORCEMENT AGAINST VIOLATIONS ON PROPERTY UNDER

JURISDICTION OF RECREATION AND PARK COMMISSION; DESIGNATED OFFICERS AND EMPLOYEES. (a) Pursuant to California Penal Code, Title 3, Section 836.5, the classes of officers or employees of the City and County of San Francisco, Recreation and Park Department, listed below are empowered to enforce provisions of Section 41.12, pursuant to Section 41.13 of this Code, against violations committed on property under the jurisdiction of the Recreation and Park Commission as an infraction, by exercising arrest and citation authority.

Classification No. Class Title 8208 Park Patrol Officer 8210 Supervisor Park Patrol

(b) Enforcement Procedure. In the enforcement of said provisions the classes of officers and employees set forth in this section shall utilize, where appropriate, the procedure as prescribed by Section 836.5 and Chapter 5C (commencing with Section 853.5) of Title 3, Part 2, of the Penal Code of the State of California. (Added by Ord. 435-89, App. 12/6/89)

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SEC. 41.16. REDUCTION IN FEE – SPECIAL CIRCUMSTANCES.

The following reductions in the fees provided for in Section 41.15(c) shall be available under the following circumstances: (1) For each dog that is neutered or spayed, the license shall be prorated, as follows: (A) $20 for a one-year license; (B) $30 for a two-year license; (C) $40 for a three-year license. (2) If the owner or guardian of a dog is 65 years of age or older, the license fee shall be 50 percent of the applicable fee set forth in Section 41.15(c) or 50 percent of the applicable fee set forth in subsection (1) above. (Added by Ord. 280-92, App. 8/31/92; amended by Ord. 472-96, App. 12/13/96; Ord. 153-02, File No. 021077, App. 7/12/2002; Ord. 5-03, File No. 021645, App. 1/24/2003; Ord. 164-10, File No. 100712, App. 7/7/2010)

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SEC. 41.17. FEES – LATE PAYMENT PENALTY.

(a) A late charge of $25 shall be assessed for failure to obtain a current San Francisco dog license or to renew any expired license within any of the time limitations set forth in Section 41.15 of this Article. Any late charge shall be in addition to the applicable license fee and shall be payable at the time of issuance. (Added by Ord. 280-92, App. 8/31/92; amended by Ord. 153-02, File No. 021077, App. 7/12/2002; Ord. 164-10, File No. 100712, App. 7/7/2010)

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SEC. 41.18. VACCINATION REQUIRED FOR LICENSE.

(a) So long as the State of California has declared the City and County of San Francisco to be a rabies-endemic county, it shall be a requirement that every person owning, keeping or controlling a dog over the age of four months within the City and County of San Francisco shall at all times have procured current vaccination of the dog by a licensed veterinarian with an approved canine antirabies vaccine. (b) Upon proof of a current antirabies vaccination, a license may be issued pursuant to this Article for any period not to exceed 36 months, or three years. However, the license period shall in no event exceed the remaining period of validity of the animal's current antirabies vaccination. (c) Every veterinarian who vaccinates or causes or directs to be vaccinated in the City any dog with anti-rabies vaccine shall: (1) Use a form approved by the licensing authority to certify that such animal has been vaccinated; and (2) Notify the licensing authority when such animal is vaccinated within 30 days. (Added by Ord. 280-92, App. 8/31/92; amended by Ord. 321-98, App. 10/23/98)

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SEC. 41.19. YOUNG DOG CERTIFICATE.

(a) Every resident of the City and County who procures a young dog over the age of two months from any animal shelter shall register such dog with the Department of Animal Care and Control, Tax Collector or other agency authorized to issue said certificate. Upon payment of a deposit equivalent to the amount of a license fee set pursuant to Section 41.15 of this Article, the owner or guardian of the young dog shall be issued a temporary identification tag and young dog certificate. The certificate shall be valid until the dog attains the age of four months, or has received an antirabies vaccination, whichever occurs first. Upon expiration of the certificate, the Tax Collector, the Department of Animal Care and Control, or other authorized licensing entity will notify the owner or guardian that the certificate has expired and upon satisfactory proof that the dog has been vaccinated in compliance with Section 41.18 of this Article, the owner or guardian shall be provided with a valid license for said dog as provided in this Article. (b) If an owner or guardian fails to procure a license within one month after the expiration of the young dog certificate, the deposited license fee shall be forfeited and the owner or guardian shall be deemed to be in violation of Section 41.15 of this Article. (Added by Ord. 280-92, App. 8/31/92; amended by Ord. 2-02, File No. 010491, App. 1/18/2002; Ord. 5-03, File No. 021645, App. 1/24/2003)

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SEC. 41.21. REMOVAL OF TAG PROHIBITED.

It shall be unlawful for any person to remove a license tag from any dog or cat not owned by him or her or not lawfully in his or her possession or under that person's control, or to place on any dog or cat any such license or registration tag not issued as above provided for the particular dog or cat, or to make or to have in possession or to place on a dog or cat any counterfeit or imitation of any license or registration tag provided for in Section 41.20 of this Article. (Added by Ord. 280-92, App. 8/31/92)

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SEC. 41.24. ENFORCEMENT.

It shall be the duty of the Animal Control Officer and every police officer while on duty to enforce the provisions of Sections 41.15 to 41.22, inclusive, of this Article requiring owners or guardians of dogs to obtain a license for same. (Added by Ord. 280-92, App. 8/31/92; amended by Ord. 5-03, File No. 021645, App. 1/24/2003)

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SEC. 41.25. PENALTIES; ADMINISTRATIVE CITATIONS.

(a) A violation of the provisions of Section 41.21 of this Article shall be a misdemeanor, and punishable by a fine of not more than $500. (b) A violation of the provisions of Section 41.15 or 41.19 of this Article shall be an infraction and punishable by a fine of $100. (c) Administrative Citation. Violations of Sections 41.15, 41.19, and 41.21 of this Article may be punishable by administrative citation. Except as to the amounts of the citation penalties, Chapter 100 of the San Francisco Administrative Code is incorporated herein

by reference. The City employees identified in Section 41.24 may issue administrative citations. The fine for violation of Sections 41.15 and 41.19 of this Article shall be $75. In addition, for violation of Section 41.15 and 41.19, the Animal Control Office shall assess a late charge under Section 41.17. The fine for violation of Section 41.21 of this Article shall be $100. (Added by Ord. 280-92, App. 8/31/92; amended by Ord. 320-98, App. 10/23/98; Ord. 266-05, File No. 051605, App. 11/22/2005; Ord. 164-10, File No. 100712, App. 7/7/2010)

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SEC. 41.26. ANNUAL ADJUSTMENT OF FEES.

Beginning with fiscal year 2010-2011, fees set in Sections 41.9, 41.10, 41.15, 41.16, 41.17, and 41.22 may be adjusted each year, without further action by the Board of Supervisors, to reflect changes in the relevant Consumer Price Index, as determined by the Controller. No later than April 15th of each year, the Department of Animal Care and Control shall submit its current fee schedule to the Controller, who shall apply the price index adjustment to produce a new fee schedule for the following year. No later than May 15th of each year, the Controller shall file a report with the Board of Supervisors reporting the new fee schedule and certifying that: (a) the fees produce sufficient revenue to support the costs of providing the services for which each fee is assessed, and (b) the fees do not produce revenue which is significantly more than the costs of providing the services for which each fee is assessed. (Added by Ord. 153-02, File No. 021077, App. 7/12/2002; Ord. 164-10, File No. 100712, App. 7/7/2010)

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SEC. 42.1. FIGHT TRAINING PROHIBITED.

It shall be unlawful to fight-train, keep, harbor, transport through the limits of the City and County of San Francisco, own, or in any way possess a dog for the purpose of dog-fight exhibitions. Scars and wounds are rebuttable evidence of participation in dog-fight exhibitions or training. "Fight training" is defined to include but not be limited to: (a) The use or possession of treadmills unless under the direction of a veterinarian; (b) Actions designed to torment, badger or bait any dog for purpose of encouraging said dog for fight exhibitions; (c) The use of weights on the dog unless under the direction of a veterinarian; (d) The use of other animals for blood sport training; (e) Any other activity the primary purpose of which is the training of dogs for aggressive or vicious behavior or dog-fight exhibitions. (Added by Ord. 408-87, App. 10/9/87)

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SEC. 42.4. PENALTY; MISDEMEANOR OR INFRACTION.

Any person who violates any provision of Sections 42 through 42.3 shall be deemed guilty of a misdemeanor or infraction. (a) If charged as an infraction, the penalty upon conviction of such person shall be a fine not exceeding $500. A second or subsequent violation within any 12-month period from the initial incident will be punishable as a misdemeanor. (b) If charged as a misdemeanor, the penalty upon conviction of such person, shall be imprisonment in the County Jail for a period not to exceed one year or by a fine not exceeding $1,000, or by both such fine and imprisonment. Upon conviction of a misdemeanor the court may prohibit the person from owning, keeping or otherwise being in control of a dog within the City and County for a period of

one year. Violation of that prohibition shall constitute a misdemeanor. (c) The complaint charging such violation shall specify whether the violation charged is a misdemeanor or an infraction. (d) Allocation of fees and fines collected. All fees and the City's share of all fines collected under this section shall be used only by the Animal Care and Control Department to fund the enforcement of the vicious and dangerous dog program as set forth in this Section. (Added by Ord. 408-87, App. 10/9/87; amended by Ord. 267-05, File No. 051606, App. 11/22/2005)

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SEC. 42.5. ENFORCEMENT.

Any provision of Sections 42 through 42.3, may be enforced by the Department of Public Health, the Police Department, or the City Animal Control Officer, or any authorized designee. Complaints of any violations of Sections 42 through 42.3 subject to penalties under Section 42.4 shall be presented to the District Attorney for prosecution. (Added by Ord. 408-87, App. 10/9/87)

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SEC. 42.6. REWARDS.

Subject to the budgetary and fiscal provisions of the Charter, the City is authorized to offer rewards not exceeding $250 to any person providing information leading to the arrest of any person for violations of prohibitions against the training of a dog for dog-fight exhibitions. The Board of Supervisors may authorize said rewards by resolution upon request of the Department of Public Health, Animal Control Officer or the Mayor. (Added by Ord. 408-87, App. 10/9/87)

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SEC. 42.7. SEVERABILITY.

If any part or provision of Sections 42 through 42.6, or application thereof, to any person or circumstance is held invalid, the remainder of the section, including the application of such part or provision to other persons or circumstances, shall not be affected thereby and shall continue in full force and effect. To this end, the provisions of the sections are severable. (Added by Ord. 408-87, App. 10/9/87)

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SEC. 43. DEFINITION OF PIT BULL.

(a) Definition. For the purposes of this Article, the word "pit bull" includes any dog that is an American Pit Bull Terrier, American Staffordshire Terrier, Staffordshire Bull Terrier, or any dog displaying the physical traits of any one or more of the above breeds, or any dog exhibiting those distinguishing characteristics that conform to the standards established by the American Kennel Club ("AKC") or United Kennel Club ("UKC") for any of the above breeds. The AKC and UKC standards for the above breeds are listed on their websites as well as online through the Animal Care and Control Department's ("Department") website. (b) Determination of Breed. If an owner, guardian or keeper is unsure as to whether or not his/her unspayed and unneutered dog is a pit bull, s/he may make an appointment with the Department at which a Department staff member shall make a determination as to whether or not the dog is a pit bull. If the dog owner, guardian or keeper wishes to appeal the determination that the dog is a pit bull, within five business days of the staff member's determination s/he may request a hearing before the Department's Director or his/her designee. The hearing shall be held no more than 30 days after the Director receives the request. The hearing may be informal and rules of evidence not strictly observed. The decision of the Director or his/her designee is final. (Added by Ord. 268-05, File No. 051607, App. 11/22/2005)

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SEC. 43.3. ALLOCATION OF FEES AND FINES COLLECTED.

All fees and the City's share of all fines collected under Section 43.2 shall be used only by the Animal Care and Control Department to fund the implementation and enforcement of the pit bull spaying/neutering program. (Added by Ord. 268-05, File No. 051607, App. 11/22/2005)

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SEC. 43.4. OPERATIVE DATE.

Notwithstanding the provisions of Section 43.1. the provisions of this Section mandating the spaying and neutering of pit bulls shall not be operative until the first date that California Health and Safety Code Section 122331 is in full force and effect or upon the effective date of this ordinance, whichever is later. (Added by Ord. 268-05, File No. 051607, App. 11/22/2005)

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SEC. 44. REQUIRING A PERMIT FOR THE BREEDING AND TRANSFERRING OF PIT

BULL PUPPIES. (a) No person shall cause or allow any pit bull, as defined in Section 43(a) of the San Francisco Health Code, that is owned, harbored or kept within the City and County of San Francisco to breed or give birth without first obtaining a permit as described in this Article. (b) Keeping an unaltered male adult dog together with a female dog in heat in the same dog run, pen, room, or any other space where the two dogs are allowed contact with one another that would allow the dogs to breed is considered prima facie evidence of an owner, guardian or keeper's intent to allow the dogs to breed. (Added by Ord. 268-05, File No. 051607, App. 11/22/2005)

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SEC. 44.5. ALLOCATION OF FEES AND FINES COLLECTED.

All fees and the City's share of all fines collected under Section 44.4 shall be used only by the Animal Care and Control Department to fund the implementation and enforcement of the pit bull breeding permit program. (Added by Ord. 268-05, File No. 051607, App. 11/22/2005)

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SEC. 44.6. EXCEPTIONS TO PERMIT POSTING REQUIREMENTS.

The Department of Animal Care and Control or a valid 501(0)(3) animal welfare and rescue organization that seeks adoptive homes for pit bulls may transfer ownership and place ads without displaying or supplying a permit number as described in Section 44.3(a). (Added by Ord. 268-05, File No. 051607, App. 11/22/2005)

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SEC. 44.7. OPERATIVE DATE.

Notwithstanding the provisions of Sections 44 through 44.3, the provisions of this Section requiring a permit for the breeding and transfer of pit bull puppies shall not be operative until January the first date that California Health and Safety Code Section 122331 is in full force and effect or upon the effective date of this ordinance, whichever is later. (Added by Ord. 268-05, File No. 051607, App. 11/22/2005)

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SEC. 45. ONYCHECTOMY (DECLAWING) AND TENDONECTOMY PROHIBITED;

PENALTIES. (a) No person, licensed medical professional or otherwise, shall perform or cause to be performed an onychectomy (declawing) or tendonectomy procedure by any means on any cat within the City and County of San Francisco, except when necessary for a therapeutic purpose. "Therapeutic purpose" means necessary to address the medical condition of the animal, such as an existing or recurring illness,

infection, disease, injury or abnormal condition in the claw that compromises the animal's health. "Therapeutic purpose" does not include cosmetic or aesthetic reasons or reasons of convenience in keeping or handling the animal. (b) If an onychectomy (declawing) or tendonectomy procedure is performed on any cat within the City and County of San Francisco in violation of this Section, each of the following persons shall be guilty of a violation of this Section: (1) the person or persons performing the procedure; (2) all persons assisting in the physical performance of the procedure; and (3) the animal guardian that ordered or approved the procedure. (c) A violation of the provisions of this Section shall be a misdemeanor. A person found guilty of such violation shall be punished by imprisonment in the county jail not exceeding six months, or by fine not exceeding one thousand dollars ($1,000.00), or both. (Added by Ord. 237-09, File No. 091039, App. 11/20/2009)

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SEC. 48. [REDESIGNATED.]

(Added by Ord. 81-78, App. 2/10/78; redesignated as Sec. 1C.3 and amended by Ord. 48-17, File No. 161352, App. 3/10/2017, Eff. 4/9/2017, Oper. 6/8/2017)

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SEC. 49. [REDESIGNATED.]

(Added by Ord. 314-71; App. 12/23/71; redesignated as Sec. 1C.1 and amended by Ord. 48-17, File No. 161352, App. 3/10/2017, Eff. 4/9/2017, Oper. 6/8/2017)

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SEC. 50. PROHIBITION.

No person shall have, keep, maintain or have in his possession or under his control any wild and potentially dangerous animal as defined in Section 51, unless excepted therefrom pursuant to Sections 50 through 66 of this Chapter. (Added by Ord. 81-78, App. 2/10/78)

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SEC. 50.1. [REDESIGNATED.]

(Added by Ord. 81-78, App. 2/10/78; redesignated as Sec. 1C.4 and amended by Ord. 48-17, File No. 161352, App. 3/10/2017, Eff. 4/9/2017, Oper. 6/8/2017)

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SEC. 52. ANIMALS ELIGIBLE FOR PERMITS.

Thirty days after the effective date of this ordinance, no person shall have, keep, maintain or have in his or her possession or under his or her control any wild animal of the kinds included in this Section, unless said animal is the subject of a valid permit granted to such a person. Animals eligible for said permits shall be limited to the following: Species known as Saimiri sciurea (squirrel monkey), Mustela putorius (ferret) for whom a state permit has been received and family Callithricidae (marmosets). (Amended by Ord. 542-82, App. 11/26/82)

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SEC. 54. CONFINEMENT REGULATIONS.

The Director, in consultation with the Animal Control Officer, the Zoo Director, the City Planning Department and the Police Department, may set regulations in connection with the issuance of permits regarding the size and type of cage or other means of confinement, the distance from the place of confinement to adjoining property, and any other regulations deemed reasonably necessary by the Director to ensure the maintenance of humane and sanitary conditions for the animal and the safety of persons and property. A copy of the rules and regulations shall be furnished by the Director of the Bureau of Environmental Health Services upon request. In applying the regulations to a given situation, the Director shall take into consideration the type, nature, disposition and training of the specific wild and potentially dangerous animal involved. (Added by Ord. 81-78, App. 2/10/78)

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SEC. 55. OTHER LAWS.

In applying for a permit under Section 52 of this Chapter, the applicant must provide assurance that he is in compliance with all applicable local, state, and federal laws and regulations regarding such wild and potentially dangerous animals. (Added by Ord. 81-78, App. 2/10/78)

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SEC. 56. REVIEW OF APPLICATION FOR PERMIT.

Copies of any application for permit under Section 52 of this Chapter shall be sent by the Director to the Police Department, the Animal Control Officer, the City Planning Department and the Zoo Director for their approval, and no permit shall be granted without the receipt of these approvals. The filing of an application constitutes agreement by the applicant to allow inspection of the premises where the animal is kept or will be kept for the purpose of determining approval or disapproval of the permit application as well as the continued compliance with the provisions of this ordinance by all participating agencies. (Added by Ord. 81-78, App. 2/10/78)

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SEC. 57. PERMIT RESTRICTIONS.

No permit shall be granted except with such conditions attached as shall, in the opinion of the Director, reasonably insure the health, safety, and general welfare of the public and said animal referred to in the permit application. The applicant must show knowledge and ability to properly care for said animal, and no permit shall be issued to any person who has been found guilty of cruelty to animals. The permit shall be nontransferable; it shall apply only to the animal described therein which is confined at the location stated therein and shall be valid only to the person named as owner of said animal therein. (Added by Ord. 81-78, App. 2/10/78)

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SEC. 58. TERM AND RENEWAL OF PERMITS.

No permit required by Section 52 of this Chapter shall be granted for a period in excess of one year. An application for a new permit shall be made not less than 45 days prior to the expiration of the prior permit. (Added by Ord. 81-78, App. 2/10/78)

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SEC. 59. REVOCATION OF PERMITS.

The Director may, for good cause, revoke any permit or provisions thereof. In the event it is reasonably necessary to protect against an immediate threat or danger to the public health or safety, the Director may suspend any permit or portion thereof without hearing, for a period not to exceed 30 days, and in such case the animal referred to in said permit will be taken into protective custody by the Animal Control Officer. (Added by Ord. 81-78, App. 2/10/78)

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SEC. 60. EXCEPTIONS.

The provisions of Sections 50 through 66 of the Chapter shall not prohibit the selling, having, keeping, maintaining, possessing, or controlling of any wild and potentially dangerous animals within the City and County of San Francisco by any of the following: zoos, circuses, museums, educational institutions, veterinary hospitals, the public pound, or film and video productions, provided that said

animals are had, kept, maintained, possessed or controlled in compliance with other local, state and federal regulations and said animals are confined in a manner deemed by the Director to protect the public from harm, and a California Board-certified veterinarian is present to insure the wellbeing of said animals. (Added by Ord. 81-78, App. 2/10/78; amended by Ord. 331-93, App. 10/22/93)

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SEC. 61. EXCEPTION – FOR TRANSPORTATION OF ANIMALS THROUGH CITY AND

COUNTY. The provisions of Sections 50 through 66 of this Chapter shall not apply to any wild and potentially dangerous animal, when such person, with the permission of the Department of Public Health, is transporting such animal through the City and County, has taken adequate safeguards to protect the public and has notified the Department of Public Health, the Police Department and the Animal Control Officer of the proposed route of transportation and time thereof. (Added by Ord. 81-78, App. 2/10/78)

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SEC. 62. NOTICE OF ESCAPE.

Any person who has, keeps, or maintains a wild and potentially dangerous animal as permitted in Section 52 of this Chapter that escapes from its confinement shall immediately notify the Department of Public Health, the Police Department and the Animal Control Officer of such escape. (Added by Ord. 81-78, App. 2/10/78)

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SEC. 63. IMPOUNDMENT.

Any wild and potentially dangerous animal as defined in Section 51 of this Chapter which is found running loose in the City and County of San Francisco shall be impounded by the Animal Control Officer. (Added by Ord. 81-78, App. 2/10/78)

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SEC. 64. NOTICE OF REMOVAL.

Whenever an Animal Control Officer causes the removal of such wild and potentially dangerous animal as herein authorized, and the Officer knows, or is able to ascertain, the name and address of the owner thereof, such Officer shall immediately give or cause to be given notice in writing to such owner of the fact of such removal, the grounds thereof, the place to which such animal has been removed, and of the procedures for recovery of impounded animals. (Added by Ord. 81-78, App. 2/10/78)

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SEC. 65. DISPOSITION OF WILD AND POTENTIALLY DANGEROUS ANIMALS.

Reclamation by an owner who holds a currently valid permit of any impounded wild and potentially dangerous animal will be permitted upon the showing of said permit for said animal, upon receipt of permission for said reclamation from the Director, and upon the payment to the Animal Control Officer of the actual costs for the capture, impoundment and care of such animal. Any person owning a wild and potentially dangerous animal but not possessing a currently valid permit, may reclaim such animal only when said owner can assure the Director that the animal will be forthwith removed from the City and County of San Francisco, and after payment of the fees stated above to the Animal Control Officer. Any animal which has been impounded or taken into custody which is not reclaimed by the owner pursuant to this Section within fourteen (14) days after notice to reclaim has been given shall be deemed to be abandoned, and may be sold, destroyed or otherwise disposed of by the Animal Control Officer, provided, however, that if said animal is dangerous to retain or is suffering excessively, it may forthwith be humanely destroyed by the Animal Control Officer.

(Added by Ord. 81-78, App. 2/10/78)

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SEC. 66. PENALTY.

Any person who has, keeps, maintains or has in his possession or under his control a wild and potentially dangerous animal in violation of any of the provisions of Sections 50 through 66 of this Chapter shall be guilty of a misdemeanor and shall be subject to imprisonment in the County Jail for not more than six (6) months or a fine not to exceed five hundred dollars ($500) or both. (Added by Ord. 81-78, App. 2/10/78)

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