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HomeMy WebLinkAbout2011-06-28 - AGENDA REPORTS - MUNICODE AMEND ANIMALS (2)Agenda Item: 7 CITY OF SANTA CLARITA AGENDA REPORT CONSENT CALENDAR City Manager Approval Item to be presented by DATE: June 28, 2011 Curtis Williams SUBJECT: SECOND READING AND ADOPTION OF AN ORDINANCE AMENDING AND RESTATING TITLE 8 (ANIMALS) OF THE CITY OF SANTA CLARITA MUNICIPAL CODE TO AMEND, ADD AND DELETE DEFINITIONS, TO CLARIFY POLICIES RELATING TO ANIMALS, AND TO CHANGE THE FEE FOR LICENSING DELINQUENCIES AND TO ADD A FIELD .ENFORCEMENT FEE DEPARTMENT: Community Development RECOMMENDED ACTION City Council conduct second reading and adopt an ordinance entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA AMENDING AND RESTATING TITLE 8 (ANIMALS) OF THE CITY OF SANTA CLARITA MUNICIPAL CODE TO AMEND, ADD AND DELETE DEFINITIONS, TO CLARIFY POLICIES RELATING TO ANIMALS, AND TO CHANGE THE FEE FOR LICENSING DELINQUENCIES AND TO ADD A FIELD ENFORCEMENT FEE." BACKGROUND. At the regular meeting of the City Council on June 14, 2011, the City Council passed to a second reading an ordinance that amends and restates Title 8 (Animals) of the City of Santa Clarita Municipal Code. Currently, the City of Santa Clarita contracts with the County of Los Angeles for animal control services. The City adopted the County's code section regarding animals in 1991. Recently, Los Angeles County amended their code to include language regarding animal facilities, .boarding facilities, hobby breeders, nonprofit humane organization animal facilities and breeding facilities. The boarding and breeding facility definitions will replace dog and cat kennel definitions. Due tc AdOrd ►Uv. the deletion of the definitions of dog and cat kennels, a new section was added to clarify how many dogs and cats are permitted in each household. For residents in the City of Santa Clarita, owning or having custody or control of any dog over the age of four months, requires that an annual license shall be obtained from Los Angeles County Animal Care and Control. An extension of ten calendar days has been added for the renewal of animal licenses before an account is considered delinquent. Currently, for delinquent licenses, a $20.00 fee is imposed. The senior citizen dog licensing fee is $7.50. Presently, if a senior citizen is delinquent in paying license fees, then they must pay $27.50. For altered dogs, the license fee is $20 and the current delinquency fee is $20 for a total of $40. For unaltered dogs, the license fee is $60 and the current delinquency fee is $20 for a total of $80. The new code imposes a delinquent fee equivalent to the cost of the license. The owner or custodian of an animal found unlicensed by staff in the field will be charged a field enforcement fee in order to recover costs for services provided by canvassing staff. The field enforcement fee of $40 would be assessed per location and not per animal license. The benefits of canvassing will generate new licenses and better record keeping of pet immunizations. These changes in fees reflect the current fee structure for Los Angeles County. To conform with Los Angeles County Animal Care and Control Department's policy, license fees are not refundable. The Resolution will provide Animal Care and Control Officers a fine schedule for issuing administrative citations for violations such as dogs off leash and excessive number of animals on a property within the City of Santa Clarita boundaries. Chapter 23.20 of the municipal code allows administrative citations to be written by staff or other agents with the authority to enforce the codes. Since there is no specific fine schedule for Title 8 "Animals" codes, the default fines are $100, $200, and $500 for the first, second, and third citations. The Resolution will create a more reasonable fine structure of $25, $50 and $100 for administrative citations written by Animal Care and Control Officers for violations of Title 8 "Animals" in the Santa Clarita Municipal Code. ALTERNATIVE ACTIONS Other actions as determined by the City Council. FISCAL IMPACT The fiscal impact is unknown at this time. However, it is anticipated that the revenue generated by the licensing of animals will increase due to the increase in the delinquency fee for unaltered dogs and the addition of the field enforcement fee. The revenue will help offset the cost associated with services provided by Los Angeles County Animal Care and Control. ATTACHMENTS Ordinance - Amending and restating Title 8 of the Santa Clarita Municipal Code 0 ORDINANCE NO. 11 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA AMENDING AND RESTATING TITLE 8 (ANIMALS) OF THE CITY OF SANTA CLARITA MUNICIPAL CODE TO AMEND, ADD AND DELETE DEFINITIONS, TO CLARIFY POLICIES RELATING TO ANIMALS, AND TO CHANGE THE FEE FOR LICENSING DELINQUENCIES AND TO ADD A FIELD ENFORCEMENT FEE." The City Council and Mayor ordains as follows: SECTION 1. Section 8.08.031 is hereby amended to read as follows: 8.08.031 Animal facility. "Animal facility" means a lot, building, structure, enclosure or premises for any animal related business or organization, including, but not limited to, anon -profit humane organization animal facility (as defined in Section 8.08.175), a grooming shop, a pet shop, a boarding facility, and a breeding facility, which is required to be licensed under Section 8.28.060. SECTION 2. Section 8.08.065 is hereby added to read as follows: 8.08.065 Boarding facility. "Boarding facility" means an animal facility used for the care and temporary boarding (including day care) of dogs and cats and other animals normally kept as pets, in return for consideration, not including an animal hospital which only boards animals receiving medical treatment. SECTION 3. Section 8.08.070 is hereby added to read as follows: 8.08.070 Breeding facility. "Breeding facility" means an animal facility engaged in the business of breeding dogs and cats or other animals normally kept as pets for sale or exchange in return for consideration. SECTION 4. Section 8.08.090 is hereby deleted to its entirety. SECTION 5. Section 8.08.130 is hereby deleted to its entirety. SECTION 6. Section 8.08.155 is hereby amended to read as follows: 8.08.155 Hobby breeder. "Hobby breeder" is any person, except for a person possessing a valid animal facility license, who owns and breeds a dog or cat and sells the offspring for pay or for other compensation. A hobby breeder is required to obtain a license pursuant to Section 8.20.045. SECTION 7. Section 8.08.175 is hereby amended to read as follows: 8.08.175 Nonprofit humane organization animal facility. "Nonprofit humane organization animal facility" means an animal facility operated by a bona fide charity in good standing under the provisions of Section 501(c)(3) of the Internal Revenue Code where animals are kept for adoption or sanctuary. SECTION 8. Section 8.12.140 is hereby amended to read as follows: 8.12.140 Dead Animals — Pickup from businesses or other facilities. For each pickup or receiving of dead animals from any animal -related business, such as a pet hospital, nonprofit humane organization animal facility, stable or veterinary establishment, or any commercial, industrial, educations, medical or other facility that deals with animals in connection with its operation, the director shall collect the fees determined annually as provided in Section 8.04.065. SECTION 9. Section 8.20.030 is hereby amended to read as follows: 8.20.030 License — Required — Fees and other charges. Every person owning or having custody or control of any dog or cat over the age of four months in the City of Santa Clarita shall obtain an annual license from the director for each dog and cat and shall pay the fees for the licenses including delinquency charges and field enforcement fees asset forth in Section 8.20:130 and 8.90.010. The owner or custodian of an animal found unlicensed by a department employee or any authorized agent in the field, will be charged a field enforcement fee. SECTION 10. Section 8.20.038 is hereby added to read as follows: 8.20.038 Residential dogs and cats — Limitations. A. Dogs: Up to four dogs may be kept at any residence without an animal facility license, provided the dogs' owner or custodian licenses each individual dog and complies with the Mandatory Spay and Neuter Program for Dogs 8.20.350 et seq. For purposes of this section, a service dog licensed under Section 8.20.090, is not counted toward the number of dogs kept or maintained, while such dog is serving a person who is disabled within the meaning of Government Code Section 12926(1) or Government Code Section 12926(k). B. Cats: Up to ten cats my be kept at any residence without an animal facility license provided the cats' owner or custodian licenses each individual cat, has each cat spayed or neutered and keeps all cats primarily indoors. required. SECTION 11. Section 8.20.040 is hereby amended to read as follows: 8.20.040 Animal facility for dogs and cats — When individual dog or cat licenses are An individual license shall be obtained for each dog or cat when such dog or cat is kept as a pet at an animal facility and is not kept exclusively in a kennel run or cage. SECTION 12. Section 8.20.045 is hereby amended to read as follows: 8.20.045 Hobby breeding — License required — fees. A person who is a hobby breeder as defined in Section 8.08.155, shall obtain a hobby breeding license in the amount set forth in Section 8.90.010. Each license shall authorize the birth of no more than one litter per female dog or cat in any 12 month period and no more than one litter per domestic household in any 12 -month period. Breeding in excess of that authorized under this Section requires a breeding facility license (See 8.08.065 and 8.40.200 et seq.) and may result in further penalties. SECTION 13. Section 8.20.120 is hereby amended as follows: 8.20.120 Fees payable annually — Delinquency charge. A. The license fees provided for in this chapter shall be paid annually to the director in the amount set forth in Section 8.90.010. B. A delinquency charge as provided in Section 8.90.010 shall be assessed when the license fees provided for in this chapter are not paid within ten days after the expiration date or the date the license is required to be obtained by the provisions of this title. SECTION 14. Section 8.20.125 is hereby added as follows: 8.20.125 License fee not refundable. No part of the license fee is refundable in any case. SECTION 15. Section 8.90.010 is hereby amended to read as follows: 8.90.010 Licensing Fees Schedule The license fees required to be paid are as follows, except that the director may waive any fees in cases of undue hardship: I. Individual Animal Licenses. Every person owning a dog or cat over the age of four months shall obtain an annual license and tag for each such dog or cat; except there shall be a one -time -only fee for registration of discharged military dogs, for guide dogs or Seeing Eye dogs, for signal dogs trained to perform 3 tasks to assist the physically handicapped, upon payment of the following fees: A. Dog license and tag fees: FEES Dogs over four months: $60.00 1. Unaltered Unspayed/Unneutered ($5 of each fee received is designated for low cost spay/neuter program) 2. Altered Spayed/Neutered ($5 of each fee received is designated for low cost spay/neuter program) $20.00 3. Senior citizen — Spayed/Neutered dog $7.50 4. Delinquency charge for annual license renewal equivalent to the cost of he license, will be added to the license fee if the renewal application is submitted more than 10 calendar days past the expiration date of a license, or if a license application was not otherwise timely submitted 5. Replacement of tag or official license receipt $5.00 6. Transfer of ownership $5.00 7. Discharged military dogs (one-time registration fee) $5.00 8. Guide dogs or Seeing Eye dogs, signal dogs, and service dogs (one-time $5.00 registration fee) 9. Field enforcement fee: The owner of custodian of a dog found unlicensed a department employee or any authorized agent in the field, will be charged a enforcement fee $40.00 B. Cat license fees: 1. Unspayed/Unneutered $10.00 2. Spayed/Neutered $5.00 3. Replacement cat tag $5.00 4. Transfer of ownership $5.00 5. Delinquency charge for annual license renewal equivalent to the cost of he license, will be added to the license fee if the renewal is submitted more that 10 calendar days past the expiration date ofa license, or if a license application as not otherwise timely submitted 6. Field enforcement fee: The owner or custodian of a cat found unlicensed $40.00 y a department employee or any authorized agent, in the field will be charged a field enforcement fee C. Other animals — Licenses required: 1. Pygmy pigs $50.00 2. Wild animals $100.00 3. Delinquency charge for annual license renewal equivalent to the cost of he license, will be added to the license fee if the renewal is submitted more than 10 calendar days past the expiration date of a license, or if a license application as not otherwise timely submitted. 4. Field enforcement fee: The owner or custodian of an animal found by a department employee or any authorized agent, in the field will be $40.00 rl charged a field enforcement fee D. Voluntary identification and registration: Any dog or cat may be registered in the department's Voluntary Identification Program. Such animal shall be assigned an identification number by tattoo, microchip or other available means of identification, at the owner's request, upon the payment of the following fees: 1. Initial identification and registration $20.00 2. Annual renewal $10.00 3. Transfer of ownership $5.00 I. Animal Facility Licenses. FEES Licenses for the animal facilities listed below are required to be obtained annually A. Initial animal facility license fees (including inspection): 1. License fees: a. Pet shop $250.00 b. Grooming parlor/mobile $250.00 c. Animal menagerie $250.00 d. Wholesale wild animal dealer $250.00 e. Hobby breeder (See Section 8.20.045) $250.00 f. Rodeo 1. First day or one day event $250.00 t•] 2. Each additional day $25.00 g. Animal exhibition 1. First day or one day event $250.00 2. Each additional day $25.00 h. Pygmy pig breeder $250.00 i. Non-profit humane organization facility $250.00 j. Dog and cat breeding and/or boarding facility For purposes of license fee computation fee is based on 75 percent of the total capacity of the facility or the actual animal population housed at the time of the inspection, whichever is greater. (i). 4 — 20 dogs or cats $300.00 (ii) 21 — 50 dogs or cats $350.00 (iii) 51 — 75 dogs or cats $400.00 (iv) 76 —100 dogs or cats $450.00 (v). Over 100 dogs or cats $525.00 2. Penalty for operation of an animal facility of an animal facility without a license. A penalty equivalent to the cost of the license will be added to the license fee if a facility operates without a license 3. Fee reduction for each additional animal facility application made at the $125.00 same location at the same time B. Renewal animal facility license fees (including inspection): 1. All animal facilities: 9 a. Pet shop $175.00 b. Grooming parlor/mobile $175.00 c. Animal menagerie $175.00 d. Wholesale wild animal dealer $175.00 e. Hobby breeder (defined in Section 8.20.045) $175.00 f. Pygmy pig breeder $175.00 g. Non-profit humane organization $175.00 h. Dog and cat breeding and/or boarding facility: For purposes of license fee computation, fee is based on 75 percent of the total capacity of the animal facility or the actual animal population housed at the time of the inspection, whichever is greater (i) 4 — 20 dogs or cats $225.00 (ii) 21 — 50 dogs or cats $275.00 (iii) 51 — 75 dogs or cats $325.00 (iv) 76 — 100 dogs or cats $375.00 (v) over 100 dogs or cats $450.00 2. Delinquency charge for annual license renewal equivalent to the cost of the license, will be added to the license fee if the renewal is submitted more than 10 calendar days past the expiration date of a license, or if a license application was of otherwise timely submitted 3. Fee reduction for each additional animal facility renewal application made at the same location at the same time. $50.00 t10 C. Miscellaneous fee provisions: 1. Reinspection $40.00 2. Inspection fee for animal permits under Los Angeles County Code Sections 22.52.330 and 22.56.420-22.56.530 $50.00 3. Business using dogs for protection (Sections 8.20.280 and 8.20.290) $50.00 4. Penalty for ownership of wild animal without license $100.00 SECTION 16. This Ordinance shall be in full force and effect thirty (30) days from its passage and adoption. SECTION 17. The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be published as required by law. 9 G� PASSED, APPROVED, AND ADOPTED this day of 2011 ATTEST: ACTING CITY CLERK DATE: MAYOR 10 !� STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA I, Kevin Tonoian, Acting City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Ordinance 11- was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the day of 2011. That thereafter, said Ordinance was duly passed and adopted at a regular meeting of the City Council on the day of 2011, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: AND I FURTHER CERTIFY that the foregoing is the original of Ordinance and was published in The Signal newspaper in accordance with State Law (G.C. 40806). ACTING CITY CLERK STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA CERTIFICATION OF CITY COUNCIL ORDINANCE I, , City Clerk of the City of Santa Clarita, do hereby certify that this is a true and correct copy of the original Ordinance 11- , adopted by the City Council of the City of Santa Clarita, CA on , 2011, which is now on file in my office. Witness my hand and seal of the City of Santa Clarita, California, this day of 2011. Acting City Clerk LOW Deputy City Clerk 12 1�