§ 41.12. DUTIES OF OWNERS OR GUARDIANS.

(a) It shall be unlawful for the owner or guardian of any animal, other than a domestic cat, to permit said animal to run at large within the City and County; provided, however, that the provisions of this subsection shall not be applicable to any area under the jurisdiction of the Recreation and Park Commission of the City and County, and which has been designated by said Commission as an animal exercise area.

1. It shall be unlawful for the owner or guardian of any animal to permit said animal to be within an area designated as an animal exercise area unless said owner or guardian is physically present at all times during which the animal is within said area.

(b) It shall be unlawful for the owner or guardian of any animal to permit said animal to breed on public property; provided, however, that the provisions of this subsection shall not be applicable to departments of the City and County, recognized educational institutions, licensed clinical laboratories, or medical research facilities which are in conformity with Federal or State laws.

(c) The owner or guardian of any animal shall provide proper and adequate food, water, shelter, care, exercise and attention for such animals.

1. SHELTER REQUIREMENTS

No person, except those persons who, due to financial hardship, are unable to provide shelter for themselves, shall keep, use, or maintain a dog on any premises unless the dog is provided full access to an enclosed building, dog house, or similar shelter at all times. The dog must have equal space outside its shelter to move around and relieve itself away from its confinement. Said shelter shall:

A. Have five sides, including a top, a bottom and three sides.

B. Have a floor raised off the ground, free of cracks, depressions and rough areas where insects, rodents or eggs from internal parasites may lodge. An effective program for the control of insects, ectoparasites, and other pests shall be established and maintained.

C. Be cleaned and maintained in a manner designed to insure the best possible sanitary conditions. Excreta shall be removed from the shelter as often as necessary. Rugs, blankets or other bedding material shall be kept clean and dry.

D. Be of adequate size to allow the dog to stand up and turn about freely, stand easily, sit and lie in a comfortable normal position.

E. Have a floor constructed so as to protect the dog's feet and legs from injury.

F. Allow dogs kept outdoors to remain dry during rain.

G. Have sufficient clean bedding material or other means of protection from the weather elements provided when the ambient temperature falls below that temperature to which the dog is acclimated.

H. Provide sufficient shade to allow the dogs kept outdoors to protect themselves from the direct rays of the sun, when sunlight is likely to cause overheating or discomfort.

I. Be structurally sound and maintained in good repair to protect the dog from injury.

J. Be constructed and maintained so that the dog contained therein has convenient access to clean food and water.

2. WATER REQUIREMENTS

No person shall keep, use or maintain any dog on any premises unless the dog has access to clean and fresh water at all times. Clean potable water shall be available to the dog unless restricted for veterinary care, and;

A. If the water is kept in a container, this container shall be designed sufficiently to prevent tipping and spilling of the water contained therein. If necessary to accomplish this, the container shall be secured to a solid structure or secured in the ground. Watering containers shall be kept clean, kept out of sun, and must be emptied and refilled with fresh water at least once a day; or

B. If the water is provided by an automatic or demand device, the water supply connected to the device must function 24 hours a day.

3. FEEDING REQUIREMENTS

No person shall keep, use or maintain any dog on any premises unless the dog is provided sufficient food daily to maintain proper body weight and good health.

A. The dog shall be provided food, which shall be free from contamination, wholesome, palatable, and sufficient quantity and nutritive value to meet the normal daily requirements for the condition and size of the animal.

B. Food receptacles shall be accessible to the dog and shall be located so as to minimize contamination by excreta and/or insects. Feeding pans shall be durable and kept clean. Disposable food receptacles may be used but must be discarded after each feeding. Self-feeders may be used for the feeding of dry food, and they shall be sanitized regularly to prevent molding, deterioration or caking of feed. Spoiled or contaminated food shall be disposed of in a sanitary manner.

4. CONFINEMENT REQUIREMENTS

Though highly discouraged, tethering is only acceptable if:

A. The tether is attached to a stake in the ground with a pulley like system.

B. The tether is attached to the dog by a non-choke type collar or body harness at least 10 feet in length which would allow the dog access to food, water and shelter, but free of obstructions.

5. ADEQUATE EXERCISE

All dogs must be provided with adequate exercise. "Adequate exercise" means the opportunity for the animal to move sufficiently to maintain normal muscle tone and mass for the age, size and condition of the animal.

6. PENALTIES

Any person violating the provisions of Section 41.12(c) of this Article shall: (1) upon the first offense in any 12-month period, be deemed guilty of an infraction and upon conviction thereof shall be punished by a fine not to exceed $50.00; (2) upon the second offense in any 12-month period, be deemed to be guilty of an infraction and upon conviction thereof shall be punished by a fine not to exceed $100.00; (3) upon the third and any additional offense in any 12-month period, be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than $1,000.00 or by imprisonment in the County Jail for a period of no more than 1 year, or by both such fine and imprisonment.

(d) Any person who shall keep or permit to remain on any premises within the City and County of San Francisco any "Barking Dog" as defined in Section 41(i) of this Code, is guilty of a violation of this ordinance, provided that, during the time the dog is barking, no person is trespassing or threatening to trespass or no person is teasing or provoking the dog.

(e) Any two unrelated persons, living in different households within 300 feet of the location of the disturbance who are disturbed by a "Barking Dog" as defined in Section 41(i) of this Code may, after signing an affidavit setting forth the information in this subsection, request a police officer to issue a citation to the owner or guardian of the dog causing the disturbance for violation of Subsection (e) of this Section.

(Added by Ord. 226-73, File No. 136-73-1, App. 6/22/73; amended by Ord. 386-75, File No. 213-75-1, App. 9/15/75; Ord. 287-76, File No. 129-75-02, App. 7/16/76; Ord. 5-03, File No. 021645, App. 1/24/2003; Ord. 13-05, File No. 041494, App. 1/21/2005)