HomeMy WebLinkAboutNS-2754 - Amending Chapter 5 of Santa Ana Municipal Code Relating to Barking Dogs, Care, and Maintenance of Animals, and Curbing of DogsJf/1r10 612 5 /0 7
ORDINANCE NO. NS-2754
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.
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F. The City Council has considered all of the written and oral testimony
offered concerning whether to adopt this ordinance.
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.
I. 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
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 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.
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.
(h) 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.
(i) Premises means a parcel of land.
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(j) Quarantine means the isolation of any animal within a substantial enclosure
to avoid its contact with other animals or unauthorized persons.
(k) Running at large means free of restraint beyond the boundaries of the
premises of the owner or custodian.
(I) Vaccination means a protective inoculation against rabies with an anti-rabies
vaccine recognized and approved by the Orange County Health Department.
(m) 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.
(n) 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.
(o) 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.
(p) 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.
(q) Responsible Person as defined in Section 1-21.1(a)(1)-(5) of this Code.
(r) Enforcement Officer as defined in Section 1-21.1 (b) of this Code.
Section 3. Section 5-50 is hereby amended to read as follows
Section 5-50. Limitation of number of dogs.
(a) No person or persons shall keep, harbor or maintain upon any one premises
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
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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 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.
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(b) Water Requirements. tt 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.
(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.
Ordinance No. NS-2754
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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.
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 16th day of Jam, 2007.
l~guel A. Flulido
Mayor
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By: ata,w~, ~ ~jQ-~ Wit„,
Laura A. Rossini
Deputy City Attorney
AYES
NOES:
ABSTAIN:
NOT PRESENT:
Councilmembers Alvarez. Bustamante. Martinez Pulido
Sarmiento. Tinaiero (6)
Councilmembers None (0)
Councilmember None (0)
Councilmembers Benavides l1)
Ordinance No. NS-2754
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CERTIFICATION OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of Council, do hereby attest to and certify that the
attached Ordinance No. NS-2754 to be the original ordinance adopted by the City
Council of the City of Santa Ana on July 16 2007 and that said ordinance was
published in accordance with the Charter of the City of Santa Ana.
a
Date: ~ ~ ~ D7
Patnc~~ia E. Healy
Clerk of Council
City of Santa Ana
Ordinance No. NS-2754
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