Ord 2022-096 amending Chapter 6, Animals, of the San Marcos City Code to amend definitions, delegate authority for department to waive or reduce fees

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Sec. 6.015. Filing of false claims or reports. (a) A person commits an offense if he knowingly initiates, communicates,or circulates a claim of ownership for an animal with an animal control officer that he knows is false or baseless. (b) A person commits an offense if he knowingly initiates, communicates,or circulates a report of a violation of city ordinance or state or federal law to an animal control officer he knows is false or baseless. (Ord. No. 2008-62, §3, 12-18-08) Sec. 6.016. Number of animals at residences; multi-pet permit. (a) Except as provided by this section, no residence within the city shall harbor more than four adult dogs, and no more than seven total animals(the number of total animals does not include fish or birds other than fowl).A residence within the city shall harbor no more than one litter of puppies or one litter of kittens. (b) Any person desiring to keep more than four adult dogs,seven animals,or more than one litter of puppies or kittens at premises occupied by them shall apply for a multi-pet permit.The applicant shall pay an application fee at the time of filing. (c) The animal services manager is authorized to issue such a permit under the following conditions: (1) No inspection required: If an applicant provides the animal services manager with information concerning the maximum number of animals to be kept at any one time at such premises and record search indicates that no enforcement action for any violation of chapter 6 of the Code of Ordinances has been necessary during;the preceding 24 months,a permit may be issued by mail without prior inspection. (2) Inspection required: If an applicant provides the animal services manager with information concerning the maximum number of animals to be kept at any one time at such premises and a record search indicates that enforcement action for violations of chapter 6 of the Code of Ordinances has been necessary within the preceding 24 months,a permit may be issued after an inspection of the premises to determine compliance with the animal services regulations.A permit shall not be issued if it is found that the animals cannot be maintained without creating noise or odor nuisances,otherwise being detrimental to the public health,safety and welfare, or in a healthy or sanitary environment. (d) Such permit may be revoked by the animal services manager for cause, including but not limited to, violations of the provisions of chapter 6 of the Code of Ordinances or the inability of the permit holder to keep the animals without creating noise or odor nuisances,otherwise being detrimental to the public health, safety and welfare,or in a healthy or sanitary environment. (e) All multi-pet permits issued under this section shall be valid indefinitely, unless the animal services manager revokes the permit.When issued,the permit shall remain the sole property of the city and shall be valid only as to the applicant and location for which it was originally issued.The permit may not be sold or transferred, voluntarily or involuntarily,to any other person or entity. (f) Any person either denied a multi-pet permit,or who has had their permit revoked, may file an appeal with the municipal court of record.Such appeal must be made in writing within ten days of receiving written notice from the animal services manager of the permit denial or revocation. If no appeal is requested within the ten-day period,the denial or revocation of the permit becomes final. Upon receiving an appeal,the municipal court of record shall hold a hearing at a time and place of their designation. Based upon the recorded evidence of such hearing,the municipal court of record shall make a final finding. (Ord. No. 2008-62, §3, 12-18-08) Created: 2022-03-03 11:27:11 [EST] (Supp.No.34, Update 4) Page 16 of 40