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HomeMy WebLinkAbout50A - ORD ANIMALSREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 18, 2007 TITLE: ORDINANCE AMENDING THE MUNICIPAL CODE CHAPTER 5 ON ANIMALS C1TY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1~` Reading ^ Ordinance on 2n° Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt an ordinance amending Chapter 5 (Animals) of the Santa Ana Municipal Code. DISCUSSION On March 27, 2007 and April 24, 2007, the Santa Ana Police Department Animal Services Section staff presented their review of Chapter 5 (Animals) of the Municipal Code to the Public Safety Committee. The purpose of the review was to correct ambiguous language and bring the Municipal Code in line with the best practices and standards of current animal welfare regulations. The review identified several areas for modification, enhancement, or first-time implementation in order to protect the public safety and welfare of the residents of the City of Santa Ana. The recommendations include the declaration of a barking dog as a public nuisance and the enforcement of the administrative process as one method to handle noisy animal complaints from citizens. A new ordinance is also recommended to specify minimum requirements for the care and maintenance of dogs, such as shelter, water, and food. These provisions shall not apply to certain organizations such as government agencies, non-profit animal rescue organizations, etc. The State of California enacted a new law effective January 1, 2007 to prohibit any person from tethering, fastening, or otherwise restraining a dog to a fixed object except in limited circumstances. This new law has been incorporated into the ordinance under care and maintenance. A new curbing requirement is proposed to prohibit any person from allowing their dog to defecate in a public area or on private property without the property owner's consent, without immediately removing the feces and disposing of it in a sanitary manner. This requirement is essential for the health and beautification of the community. 50A-1 Municipal Code Chapter 5 Amendment June 18, 2007 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. I Paul M. Walters Chief of Police Police Department 50A-2 Jf/Ir 06/12/07 ORDINANCE NS-xxxx AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 5 OF THE SANTA ANA MUNICIPAL CODE RELATING TO BARKING DOGS, CARE AND MAINTENANCE OF ANIMALS, AND CURBING OF DOGS 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 essential that pet owners provide proper care for their dogs, unfortunately, not all dogs receive humane treatment. Many are kept outside all the time without proper shelter from the elements, without food or water; some are tied or chained to a fence or stake, often all day for their entire life. This ordinance provides minimal requirements for dog owners. B. Since 2001, Animal Services has responded to 984 noisy animal complaints, of these complaints only three were submitted to the City Attorney's office for the filing of a criminal complaint. The current criminal process was found to be prohibitory and burdensome in many cases. In response to citizen complaints, this administrative process is adopted. C. The American Society for the Prevention of Cruelty to Animals has found that dog curbing laws are essential for both the health and beautification of the community. Canine diseases and parasites are often shed in feces, which puts other dogs and children at risk. D. The staff reports and oral testimony before the Public Safety Committee on March 27, 2007, and April 24, 2007, shall by this reference be incorporated herein and together with this ordinance, any amendments or supplements and the oral testimony before the City Council, shall constitute necessary findings for this ordinance. E. The Request for Council Action for this ordinance dated June 18, 2007, shall by this reference be incorporated herein, and together with this ordinance, any amendments or supplements and the oral testimony before the City Council at this meeting, shall additionally constitute the necessary findings for this ordinance. F. The City Council has considered all of the written and oral testimony offered concerning whether to adopt this ordinance. Ordinance No. NS-xxxx Page 1 of 8 50A-3 G. Based on this record the City Council finds that the standards set forth in this ordinance, and each of them, are necessary to protect the public safety and welfare of the residents of the City of Santa Ana associated with animals. H. The police power regulations, such as those employed in this ordinance are legitimate, reasonable means of accountability to help protect the public safety and welfare of the residents of the City of Santa Ana. In accordance with the California Environmental Quality Act, a general rule exemption has been adopted for this ordinance. Section 2. Section 5-1 is hereby amended to read as follows (new language shown in bold, deleted language shown in strikeout for tracking purposes only): Section 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 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 twe-(~~ three (3) dogs over the age of four (4) months are kept or maintained for any purpose, including but not limited to boarding, training, or breeding, exclusive of dental, medical, or surgical care, or for quarantine purposes. (d) Domesticated animal means any dog, housecat (fells 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. Ordinance No. NS-xxxx Page 2 of 8 50A-4 Jf/lr 06/12/07 (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 thirty (30) consecutive days. Q) 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. (o) Wild animal means any animal which is either: (1) Not a domesticated animal, or (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 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. (q) Barking dog means a dog that barks, bays, cries, howls, or makes any noise for an extended period of time to the disturbance of any person at any time of day or night, regardless of whether the dog is physically situated in or upon private property. Such extended period of time shall consist of incessant barking for 30 minutes or more in any 24-hour period, or intermittent barking for 60 minutes or more during any 24-hour period. A dog shall not be deemed a "barking dog" for purposes of this Chapter if, at any time the dog is barking, a person is trespassing or threatening to trespass upon private property in or upon which the dog is situated, or when a dog is teased or provoked. (r) Responsible Person as defined in Section 1-21.1(a)(1)-(5) of this Code. (s) Enforcement Officer as defined in Section 1-21.1 (b) of this Code. Ordinance No. NS-xxxx Page 3 of 8 50A-5 Section 3. Section 5-50 is hereby amended to read as follows (new language shown in bold, deleted language shown in strikeout for tracking purposes only): Section 5-50. Limitation of number of dogs. (a) No person or persons shall keep, harbor or maintain upon Fiis any one premise within the city more than three (3) dogs unless the person or persons shall comply with the commercial kennel requirements of this chapter. (b) There shall be no exceptions to this section. Section 4. Sections 5-74 and 5-75 are added to Chapter 5 of the Santa Ana Municipal Code to read in full as follows: Section 5-74. Public Nuisance-Barking Dog The City Council of the City of Santa Ana hereby decrees that maintaining, keeping, and/or permitting a barking dog on any premises in the City of Santa Ana constitutes a public nuisance. Every day the barking dog violation exists shall be regarded as a new and separate offense. Section 5-75. Enforcement-Barking Dog (a) Any enforcement officer has the authority to issue an administrative citation pursuant to the procedures set forth in sections 1-21.1-21.9 of this Code to any responsible person for a barking dog violation that the Enforcement Officer did not see or hear based upon a complaint, signed under penalty of perjury, lodged by a member of the community who has been disturbed by the barking dog. All barking dog complaints shall be lodged with the Santa Ana Police Department. (b) Prior to issuing the administrative citation to the responsible person, the enforcement officer shall send a warning notice via first class mail or shall personally serve upon the responsible person a warning notice giving the responsible person ten (10) days from the date of mailing or date of personal service in which to abate the public nuisance caused by the barking dog. (c) The administrative citation shall contain the information set forth in section 1-21.5 of this Code. (d) The responsible person shall have the right to appeal the administrative citation as set forth in Section 1-21.8 of this Code. (e) The procedures established in this section may be in addition to criminal, civil or any other legal remedy established by law Ordinance No. NS-xxxx Page 4 of 8 50A-6 Jf/Ir 06/12/07 which may be pursued to address violations of the municipal code. Section 5. Section 5-76 is added to Chapter 5 of the Santa Ana Municipal Code to read in full as follows: Section 5-76. Care and maintenance of dogs. (a) Shelter Requirements. It shall be unlawful for any person to keep, house, or maintain any dog outdoors on any premises within the City of Santa Ana unless the dog has access at all times to an enclosed building or a shelter which meets all of the following requirements: (1) It is weatherproof meaning that it keeps the dog dry when it rains and provides sufficient protection from the sun so that the dog will not overheat; (2) It has a floor that is level and dry; (3) It is composed of material that will not result in injury to the dog; (4) It is maintained in a condition that will not result in injury to the dog; (5) It contains bedding material which is kept clean and dry; (6) It allows the dog easy access in and out; (7) It is cleaned and maintained in a manner designed to insure sanitary conditions, including but not limited to, removal of excrement, removal of urine, and treatment of area for flies, fleas, ticks, and parasites as necessary. (b) Water Requirements. It shall be unlawful for any person to keep, house, or maintain any dog on any premises within the City of Santa Ana unless the dog has access at all times to clean and fresh drinking water. (1) If the water is in a container, this container shall be designed, secured, placed and maintained in a manner that prevents tipping and spilling of the water. (2) Water containers shall be kept clean and sanitary, out of the sun, and shall be emptied and refilled regularly with fresh water. (c) Feeding Requirements. It shall be unlawful for any person to keep, house, or maintain any dog on any premises within the City of Santa Ana without providing food daily to maintain proper body weight and good general health. The food shall be: (1) Free from contamination. (2) Wholesome, palatable, and of sufficient quality, quantity, and nutritive value to meet the normal daily requirements for the age, size, and breed of the dog. Ordinance No. NS-xxxx Page 5 of 8 50A-7 (3) Easily accessible to the dog; (4) Maintained in a sanitary condition; (d) Tethering Requirements. It shall be unlawful for any person to tether, fasten, chain, tie, restrain or cause a dog to be fastened, chained, tied or restrained to a house, tree, garage, stake, fence, or other object except in circumstances where all of the following requirements are met: (1) The tethering, fastening, chaining, tying, and restraining is not accomplished by means of using a choke type of collar; (2) The tethering, fastening, chaining, tying or restraining does not last longer than is reasonably necessary for the person to complete a temporary task; (3) The length of the tether or implement used to restrain the dog is not less than three (3) times the length of the dog's body measured from the tip of the dog's nose to the end of the dog's tail; (4) The tether or implement used to restrain the dog is free from entanglement; (5) The dog has access to water, food, and shelter as described in this section; (6) The dog is monitored periodically. (e) Exceptions. These provisions of this section shall not apply to the following: (1) Government agencies; (2) Non-profit animal rescue organizations exempt from taxation under Internal Revenue Code Section 501(c)(3); (3) Humane societies or societies for the prevention of cruelty to animals if incorporated under the provisions of the California Corporations Code Section 10400 and the Nonprofit Public Benefit Corporation Law in Part 2 of the California Corporations Code, beginning at Section 5110; or (4) Permitted dog or cat shows. Section 6. Section 5-77 is added to Chapter 5 of the Santa Ana Municipal Code to read in full as follows: Section 5-77. Dogs to be curbed. It shall be unlawful for any person, whether willful or as a result of failure to exercise due care, having custody or control of any dog to permit that dog to defecate in a public area, any area open to the public, or any private property without the property owner's consent, without immediately removing the feces and disposing of it in a sanitary manner. Ordinance No. NS-xxxx Page 6 of 8 50A-8 Jf/Ir 06/12/07 Section 7. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held 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 any one or more sections, subsections sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this _ day of , 2007. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Laura A. Rossini Deputy City Attorney AYES Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Ordinance No. NS-xxxx Page 7 of 8 50A-9 CERTIFICATION OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of Council, do hereby attest to and certify that the attached Ordinance No. NS-xxxx to be the original ordinance adopted by the City Council of the City of Santa Ana on , 2007 and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Patricia E. Healy Clerk of Council City of Santa Ana Ordinance No. NS-xxxx Page 8 of 8 50A-10