MEETING DATE:
SEPTEMBER 25, 2018
SUBJECT:
Title
ORDINANCE NO. 2018-1467 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, CALIFORNIA, AMENDING SAN MARCOS MUNICIPAL CODE CHAPTERS 6.04, 6.08, 6.12, 6.16, 6.20, 6.28 AND 6.32 AND REPEALING AND REPLACING CHAPTER 6.24 RELATING TO ANIMAL CONTROL
Body
Recommendation
Recommendation
APPROVE the first reading of an ordinance amending San Marcos Municipal Code Chapters 6.04, 6.08, 6.12, 6.16, 6.20, 6.28 and 6.32, and repealing and replacing Chapter 6.24 relating to animal control.
Body
Board or Commission Action
Not Applicable
Relevant Council Strategic Theme
Good Governance
Relevant Department Goal
Not Applicable
Executive Summary
The proposed Ordinance modifies certain provisions of the San Marcos Municipal Code (SMMC) relating to animal control. During a review of the current animal control regulations, City staff determined that certain provisions should be updated as some of the existing regulations are outdated and additional regulations are necessary to continue protecting the peace, health, safety and welfare of the City’s residents and animals.
The City regulates animal control under Title 6 of the SMMC. Proposed modifications to the existing regulations are summarized as follows:
• SMMC Chapter 6.04: The existing SMMC Chapter 6.04 provides general provisions governing the City’s animal control regulations. The proposed Ordinance updates the definitions of certain terms used throughout the regulations, and modifies provisions relating to violations and penalties for failure to comply with the City’s animal control regulations.
• SMMC Chapter 6.08: The existing SMMC Chapter 6.08 governs rabies vaccination requirements. The proposed language updates the requirements for rabies vaccination certificates and reporting animal bites.
• SMMC Chapter 6.12: The existing SMMC Chapter 6.12 governs dog license requirements. The proposal is to move the provisions governing violations of dog licensing requirements to SMMC Chapter 6.24, which governs the City’s enforcement rights for violations of the animal control regulations.
• SMMC Chapter 6.16: The existing SMMC Chapter 6.16 governs animal shelters and disposal facilities. The proposed language requires the City to be held harmless from liability associated with animal disposal.
• SMMC Chapter 6.20: The existing SMMC Chapter 6.20 governs kennel licensing procedures. The proposal is to modify regulations relating to denying a kennel license, operating requirements for outdoor facilities, and records retention, and clarify that the animal control authority issues kennel licenses.
• SMMC Chapter 6.24: The existing SMMC Chapter 6.24 governs the City’s enforcement rights for violations of the animal control regulations. The proposal is to repeal and replace Chapter 6.24 to update regulations relating to enforcement authority; hearings; impoundment and abatement requirements; guard dogs, public nuisance animals and dangerous animals; and adds provisions to allow the animal control authority to declare an owner to be an irresponsible owner of an animal.
• SMMC Chapters 6.28: The existing SMMC Chapter 6.28 governs animals in vehicles. The proposal is to capitalize all defined terms used throughout the Chapter, so it is clear the terms are defined terms.
• SMMC Chapters 6.32: The existing SMMC Chapter 6.32 governs the retail sales of dogs, cats and rabbits. Similar to the Chapter 6.28 changes noted above, the proposal is to capitalize all defined terms used throughout.
Discussion
City staff worked with the San Diego Humane Society (SDHS), the agency with which the City contracts animal control services, in drafting proposed amendments to the existing animal control regulations. Certain provisions are outdated because the existing regulations were modeled after the County of San Diego’s animal control regulations, and in many cases those provisions are no longer applicable to the City’s circumstances and/or procedures.
The City has also received complaints from the public relating to animal owners who have committed multiple violations of the animal control regulations, and who may have been required to relinquish their animals to the SDHS, but who are still permitted to own other animals even if they continue to violate the City’s regulations. The proposed Ordinance authorizes the City/SDHS to deem an animal owner to be an irresponsible owner, subject to a hearing. If the owner is declared to be an irresponsible owner, the proposed Ordinance permits the City/SDHS to determine whether to impound/abate any animals in possession of the owner and/or prohibit the owner from owning any animal for up to three years.
The following modifications are proposed in the interest of continuing to protect the public peace, health, safety and welfare of the City’s residents and animals.
In General
(SMMC Chapter 6.04)
6.04.020 - Definitions
• Capitalizes and alphabetizes existing definitions
• Modifies the following defined terms, which appear throughout Title 6:
o “Animal” to include dogs and cats
o “Animal Control Authority” to include City Code Compliance Officers and Sheriff’s Department deputies in addition to the SDHS
o “At Large” animals to include animals unrestrained by a leash in the public right-of-way; or unrestrained so that the animal interferes with the use of property in the public right-of-way
o “Business Days” to mean any day the City is open to the public
o “Dangerous Dog” is changed to “Dangerous Animal,” to include any animal that has twice within the prior 48-month period attacked, bitten or otherwise caused injury, substantial injury or death to another domestic animal
o “Director” to include the executive officer of any organization approved by the City Council to perform animal control services or a City Department/Division Director
o “Guard Dog Premises” to include any premises, area or yard where a guard dog is kept or maintained
• Adds the following defined term:
o “Irresponsible Owner” to include an owner who has been issued three or more citations within the past two years for violation of provisions relating to animals at large; wild animals; public protection from animals; possession of guard dog, public nuisance animal or dangerous animal; public nuisance; or declaration of dangerous animal, irrespective of the animal to which those citations apply
• Deletes the following defined terms:
o “County Animal Shelter” as the only reference is a place for the euthanasia of animals; however, other places exist for the euthanasia of animals (i.e. veterinarian hospitals, other animal shelters, etc.)
o “County Veterinarian” as the County Veterinarian does not have enforcement authority over the City’s regulations
o “Protection Dog” and “Protection Dog Operator” as the City does not regulate protection dogs in addition to or separately from guard dogs
o “Registered Owner” as the definition of “Owner” already includes a person who is the registered owner of an animal
6.04.030 - Violations and Penalties
• Clarifies that a violation of SMMC Title 6 is an infraction, unless otherwise specified as a misdemeanor
• Deletes references to specific provisions under SMMC Title 6 providing for misdemeanors, as those sections may be amended from time to time without having to amend SMMC section 6.04.030
• Deletes references requiring prosecutors to charge an offense as an infraction as prosecutors have discretion to charge any misdemeanor as an infraction
• Provides that a court has discretion to prohibit a person from owning, possessing, caring for or having any contact with animals for a longer period of time than is included under the SMMC
Rabies Provisions
(SMMC Chapter 6.08)
6.08.030 - Rabies Vaccination Certificate
• Requires a dog owner to retain the rabies vaccination certificate for the period during which the vaccination is effective, and requires the owner to produce the certificate to any person responsible for enforcing the ordinance, or to any person bitten by the dog
6.08.060 - Reporting of Bites
• Requires physicians treating animal bites to notify animal control or the County Health Officer as soon as possible
Dog Licenses
(SMMC Chapter 6.12)
6.12.050 - Dog License Violations
• Moved the section relating to violating the requirement to obtain a dog license from the enforcement chapter to the chapter governing dog licenses
Shelters and Animal Disposal Facilities
(SMMC Chapter 6.16)
6.16.020 - Establishment of Animal Disposal Facilities
• Requires the animal owner to hold the City and the Animal Control Authority harmless from any liability associated with the acceptance and disposal of an animal, rather than the County as provided in the existing regulations
Kennels
(SMMC Chapter 6.20)
6.20.010 - Kennel Licensing Procedures
• Clarifies that kennel licenses are issued by the Animal Control Authority, and procedures for kennel license applications, renewals, denials, suspensions, revocations, hearings, and appeals are established by the Animal Control Authority
6.20.030 - Kennel License Standards
• Allows the Animal Control Authority to deny a kennel license if the facility in which the applicant proposed to locate the kennel does not meet the requirements of the ordinance
6.20.060 - Kennel Facilities, Outdoor
• Adds wind as an element from which animals kept outdoor shall be provided shelter, in addition to rain or snow, consistent with state requirements
6.20.160 - Records
• Combines the section entitled “vaccination required for individual dogs” with the records section, as both sections relate to records kennels are required to keep
Control Provisions
(SMMC Chapter 6.24)
6.24.010 - Enforcement Authority
• Combines provisions for enforcement, investigations, arrests/citations, and agreements for rules and regulations, into one section
• Removes County Health Officer and County Veterinarian as having enforcement authority over the City’s regulations, as the animal control authority enforces the City’s regulations
6.24.120 - Impoundment and Abatement
• Consolidates all repeated references to impoundment and abatement into one section so that references to the process of impounding/abating an animal are consistent throughout SMMC Title 6
6.24.170 - Possession of Guard Dog, Public Nuisance Animal or Dangerous Animal
• Combines provisions relating to ownership, custody and residence restrictions for possessing a guard dog, public nuisance animal or dangerous animal into one consolidated section
6.24.180 - Guard Dogs
• Updates operating requirements consistent with State law provisions governing the maintenance of guard dog premises, and the care and control of guard dogs
• Deletes existing regulations governing protection dogs, as the City does not regulate protection dogs in addition to or separately from guard dogs
6.24.200 - Declaration of Irresponsible Owner
• Added provisions regulating the animal control authority’s right to declare an animal owner to be an irresponsible owner, subject to a hearing to determine whether to impound and/or abate any animal(s) in possession of the irresponsible owner, and/or to prohibit the irresponsible owner from owning, possessing, caring for, keeping, harboring, controlling or having custody of any animal for up to 3 years
6.24.210 - Declaration of Dangerous Animal
• Authorizes the animal control authority to declare that the owner of a dangerous animal constitutes an irresponsible owner
6.24.220 - Hearings
• Consolidates all references to hearings for impounding/abating an animal, declaring an owner to be an irresponsible owner, and/or declaring an animal to be a dangerous animal into one section so that all hearings required pursuant to Chapter 6.24 will be conducted under the same rules and procedures
• Hearing regulations include provisions relating to notification of a right to a hearing, failure to request or attend a hearing, hearing procedures, request for administrative review of record, administrative review of record procedures, appeal to superior court, and criminal prosecution
Animals in Vehicles
(SMMC Chapter 6.28)
• General - Capitalizes all references to defined terms throughout the Chapter so it is clear those terms are defined terms
Retail Sales of Dogs, Cats and Rabbits
(SMMC Chapter 6.32)
• General - Capitalizes all references to defined terms throughout the Chapter so it is clear those terms are defined terms
It is recommended that the proposed Ordinance be adopted to facilitate the continued protection of the public peace, health, safety and the general welfare of persons and animals in the community.
Environmental Review
The proposed Ordinance has been reviewed for compliance with the California Environmental Quality Act (CEQA), and it has been determined that this is not a project within the meaning of Section 15378 of the CEQA Guidelines because there is no potential for it to result in a physical change in the environment, either directly or indirectly. Even if the proposed Ordinance was considered a project subject to CEQA, it would be exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines because it can be seen with certainty that there is no possibility that the proposed Ordinance would have a significant effect on the environment.
Fiscal Impact
No fiscal impact is anticipated as a result of the proposed Ordinance.
Attachment(s)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, CALIFORNIA, AMENDING SAN MARCOS MUNICIPAL CODE AMENDING CHAPTERS 6.04, 6.08, 6.12, 6.16, 6.20, 6.28 AND 6.32 AND REPEALING AND REPLACING CHAPTER 6.24 RELATING TO ANIMAL CONTROL
Prepared by: Helen Holmes Peak, City Attorney
Submitted by: Dahvia Lynch, Director of Development Services
Approved by: Jack Griffin, City Manager