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Home My WebLink About50A - NS-2669 REGULATING ANIMAL CITY COUNCIL MEETING DATE: ~ ~ REQUEST FOR COUNCIL ACTION CLERK OF COUNCIL USE ONLY: OCTOBER 4, 2004 TITLE: ORDINANCE AMENDING CHAPTER 5 OF THE MUNICIPAL CODE REGULATING ANIMALS APPROVED D As Recommended D As Amended D Ordinance on 151 Reading D Ordinance on 2nd Reading D Implementing Resolution D Set Public Hearing For - /, /~ ~~/ 17u2~- CIT MANAGER CONTINUED TO FILE NUMBER RECOMMENDED ACTION Adopt an ordinance amending Chapter 5, of the Santa Ana Municipal Code pertaining to animals. DISCUSSION The California Lobby for Animal Welfare (CLAW) is a local organization which promotes animal protection laws throughout the State. CLAW specifically promotes laws that prevent the unregulated use and display of wild or exotic animals, for the purpose of protecting the public against health and safety risks as well as to protect the welfare of the individual animals. CLAW has successfully promoted several animal protection ordinances in the cities of Corona, Huntington Beach, Encinitas, and Pasadena. Each of these municipalities has adopted ordinances which prohibit the display of wild or exotic animals for entertainment purposes at temporary outdoor events including carnivals and circuses. CLAW has requested that the City of Santa Ana consider enacting a similar ordinance. A study was initiated to identify issues related to the proposed ordinance and its potential impact citywide. On this basis, staff determined that the unregulated use and display of wild or exotic animals in temporary outdoor facilities for entertainment purposes could create an environment detrimental to publ ic health and safety and the well being of these animals. Therefore, staff recommends that an amended ordinance be adopted which prohibits the display of any wild or exotic animals, as defined in chapter 5 of the Santa Ana Municipal Code, at a circus, carnival or other similar temporary outdoor activity. Staff further recommends that the amended ordinance not apply to the Santa Ana Zoo at Prentice Park since the use or display of wild or exotic animals at this location is intended for educational purposes. FISCAL IMPACT There is no fiscal impact associated with this action. 50A-1 ORDINANCE NO. NS-2669 AN ORDINANCE OF THE CITY OF SANTA ANA CHAPTER 5 OF THE SANTA ANA MUNICIPAL CODE PROHIBITING THE DISPLAY OF WILD OR EXOTIC ANIMALS AT CIRCUSES OR CARNIVALS THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. It is the intent of the City of Santa Ana to protect the public against health and safety risks that the use and display of exotic animals in temporary outdoor facilities for entertainment poses to the community as well as to protect the welfare of the individual animals. B. All provisions of the Santa Ana Municipal Code which are repeated herein are repeated solely in order to comply with the provisions of section 418 of the Charter of the City of Santa Ana. Any such restatement of existing provisions of the Code is not intended, nor shall it be interpreted, as constituting a new action or decision of the City Council, but rather such provisions are repeated for tracking purposes only in conformance with the Charter. Section 2: That section 5-1 of the Santa Ana Municipal Code is hereby amended to read as follows (additions to existing code shown in bold): Sec. 5-1. Definitions. Unless the particular provisions or the context otherwise requires, the definitions and provisions contained in this section shall govern the construction, meaning, and application of words and phrases used in this chapter. (a) Animal includes, but is not limited to, birds, cats, dogs, fishes, fowl, rabbits, reptiles and nonhuman mammals. (b) Bird includes, but is not limited to, budgies, canaries, cardinals, cockatiels, cockatoos, doves, finches, lories, lorikeets, lovebirds, macaws, parakeets, parrots, pigeons, sparrows, toucans and weavers. (c) Commercial kennels means any lot, building, structure, or premises where more than two (2) dogs over the age of four (4) months are kept or maintained for any purpose, including, but not limited to 50A-2 boarding, training or breeding, exclusive of dental, medical, or surgical care, or for quarantine purposes. (d) Domesticated animal means any dog, housecat (felis catus), livestock, rabbit, poultry or bird. (e) Dog includes any male, female, or neuter domesticated member of the species canis familiaris, but excludes other members of the family canidae. (f) Estray means any animal found running at large upon any land within the city. (g) Fowl means any larger domestic bird generally used for food and includes, but is not limited to, the chicken, duck, goose and turkey. (h) Livestock means animals kept for use on a farm and includes, but is not limited to, any swine, sheep, goat, horse, cattle, equine or bovine animal. (i) Owner means any person having title to any animal, or a person who has, harbors, or keeps, or who causes or permits to be harbored or kept, an animal in his care, or who permits an animal to remain on or about his premises for a period of thirty (30) consecutive days. U) Premises means a parcel of land. (k) Quarantine means the isolation of any animal within a substantial enclosure to avoid its contact with other animals or unauthorized persons. (I) Running at large means free of restraint beyond the boundaries of the premises of the owner or custodian. (m) Vaccination means a protective inoculation against rabies with an anti-rabies vaccine recognized and approved by the Orange County Health Department. (n) Vicious animal means any animal which has bitten or broken the skin of, or in any manner attacked or attempted to attack any person or any animal within the City of Santa Ana. (0) Wild animal means any animal which is either: (1) Not a domesticated animal, or 50A-3 (2) A vicious animal over which the owner has evidenced a failure to maintain control. (p) Exotic animal means nonhuman primates and prosimians (such as chimpanzees, monkeys); felids, except domesticated cats; ursids (bears); elephants; crocodilians (such as alligators and crocodiles); ungulates (such as hippopotamus, rhinoceros, giraffes, zebra); and camels. These terms shall apply whether the animal is bred in the wild or in captivity. It is not the intent of this definition to include domesticated species such as horses, cows, sheep, or llamas among the animals listed above. Section 3: That section 5-8 of the Santa Ana Municipal Code is hereby amended to read as follows (additions to existing code shown in bold, deletions in strikeout): Sec. 5-8. Wild animals--Permit--Exceptions. It shall be unlawful for any person to keep or maintain, or cause to be kept or maintained, any wild animal without first, applying for and receiving a permit from the animal control officer, except that no permit is required to keep or maintain the following wild animals: chinchillas, chipmunks, guinea pigs, hamsters, turtles, tropical fish (except caribee), nonpoisonous snakes, where permitted by state and federal law, white mice and white rats. The provisions of this section shall not prohibit the keeping or maintaining of the following wild anim~:lIs: (a) I\ny "A.'ild 3nimals which are kept confined in zoos, museums, or any other place where they are kept as live specimens for the public to ~ (b) AnY'Nild 3nimals which are kept confinod and placed on exhibit in a circus, carni'l31, or any other type of exhibit or show. (c) treatment. Wild animals in bona fide, licensed veterinary hospitals for Section 4: That section 5-8.5 is hereby added to the Santa Ana Municipal Code to read as follows (additions to existing code shown in bold): Sec. 5-8.5 Wild or Exotic Animals - Circus or Carnival - Exception 50A-4 (a) It shall be unlawful for any person to keep or display a wild animal or exotic animal at a circus or carnival or similar use, including but not limited to temporary outdoor activities regulated by chapter 41 of this code. (b) This section shall not apply to any wild animals or exotic animals which are kept or displayed at a zoo or museum, or similar use as determined by the animal control officer. Section 5. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that anyone or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this day of ,2004. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Benjamin Kaufman Chief Assistant City Attorney 50A-5 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Council members CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-2669 to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 50A-6