Submitted By: Coastal Animal Services Authority
Prepared By: Jennifer Stinett, General Manager
Subject:
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INTRODUCTION AND FIRST READING OF AN ORDINANCE AMENDING TITLE 6 OF THE SAN CLEMENTE MUNICIPAL CODE RELATING TO ANIMAL CONTROL, WELFARE, AND LICENSING REQUIREMENTS WITHIN THE CITY OF SAN CLEMENTE
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Fiscal Impact:
None.
Summary:
Coastal Animal Services Authority (CASA) provides animal care and control services to the cities of San Clemente and Dana Point under a Joint Powers Agreement. In an effort to increase efficiency and effectiveness of the Animal Control Officers and simplify the understanding of the rules and regulations in the communities serviced by the Authority, a variety of amendments to Title 6 of the San Clemente Municipal Code (SCMC) are recommended to increase consistency between the two cities regulations. The proposed updates will also keep Title 6 of the SCMC consistent with existing law and practices in the industry.
Background:
Upon review of Title 6 - Animals, of the SCMC, several amendments are proposed as follows:
• Chapter 6.04 General Provisions: addition of 6.04.050 Interference, 6.04.070 Violations, 6.04.080 Inspections, 6.04.090 Complaints and 6.04.100 - 6.04.140 associated with the Administrative Hearing process.
• Chapter 6.08, amendments to Animal Control Regulations Generally to Disease Control.
• Chapter 6.10 recommended amendments and additions to Regulation of Barking Dogs, Animal Licenses, Proof of Rabies Vaccination, License Period, Dog License Fee, Fee Exemption, and Dog License Renewal. Of note, 6.10.180 Posting of Licensing Requirements is a proposed new addition to Title 6 that will assist the City of San Clemente in achieving higher dog licensing compliance.
• Chapter 6.12, amendments to Dog and Cat Licenses, Leash Required, and Restraint of Dogs.
• Chapter 6.20, amending Private Kennels, Animal Refuges and Animal Rescue Operations to Potentially Dangerous and Vicious Dogs. This Chapter contains the greatest number of changes and includes the proposed adoption of California Food and Agriculture Code Chapter 9 - Potentially Dangerous and Vicious Dogs Article 1 - Findings, Definitions, and General Provisions Section 31602.
• Chapter 6.24, amending Rabies Control to Animals at Large, Excessive Noise, and Other Nuisances, Trespassing, Property Damage, Animal Noises Prohibited, Excreta Nuisance Prohibited, and Tying Animals to Trees have been included under Animals at Large, Excessive Noise, and Other Nuisances. To maintain consistency, unreasonable noise emitting from an animal is proposed to be established by three (3) witnesses who do not live at the same address and who provide individual sworn declarations attesting to the time and nature of the unreasonable noise.
• Chapter 6.28, amend Vicious Animals to Wild, Exotic, Non-domesticated Animals.
• Chapter 6.32, amend Wild or Exotic Animals to Humane Treatment.
• Chapter 6.36, amend Abuse of Animals to Animal Shelter and lmpoundment.
• Chapter 6.40, amend Disposal of Dead Animals to Commercial Animal Establishments.
• Chapter 6.44, amend lmpoundment to Private Kennels, Animal Refuges, Animal Rescue Operations and Specialty Animals. Currently, Chapter 6.20 Private Kennels, Animal Refuges and Animal Rescue Operations require a permit for any person owning five (5) or six (6) dogs or cats over four (4) months in age, or any combination thereof. Authority staff recommends amending provisions such that persons owning four (4) or more dogs or cats over four (4) months of age or older, or any combination thereof be required to obtain a permit.
• Chapter 6.44.020 Keeping of Specialty Animals Within City Limits would provide residents an opportunity to house pets, other than dogs and cats, on their property, while identifying Zoning requirements and additional humane treatment requirements.
• Chapter 6.48 Disposal of Dead Animals is required to accommodate the above-mentioned recommended recodifications.
Specific details of each proposed amendment is included in Attachment 1.
Council Options:
• Introduce and conduct the first reading to amend Title 6 - Animals, of the San Clemente Municipal Code.
• Modify, and then introduce and conduct the first reading to amend Title 6 - Animals, of the San Clemente Municipal Code.
• Continue the item and direct staff to provide additional information.
Environmental Review/Analysis:
Adoption of the animal control ordinance revisions is not an activity subject to the requirements of the California Environmental Quality Act (CEQA). Adoption of the revisions is not a “project” under CEQA because it is not a project that will have a reasonably foreseeable direct or indirect physical impact on the environment per Public Resources Code section 21065 and CEQA Guidelines sections 15378 and 15060(c). Moreover, adoption of the animal control ordinance revisions is exempt from CEQA under CEQA Guidelines sections 15061(b)(3), 15308, and 15321. The activity is exempt under the “Common Sense” exemption at CEQA Guidelines section 15061(b)(3) because the revisions are administrative enforcement provisions relating to animal oversight and control in the City that primarily concern permitting, licensing, noise complaints, control of vicious animals, and impoundments, and there is no possibility that the revisions could have a significant effect on the environment.
Recommended Actions:
Staff Recommendation
recommendation
Introduce and conduct the first reading of Ordinance No. 1797 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING TITLE 6 OF THE SAN CLEMENTE MUNICIPAL CODE RELATING TO ANIMAL CONTROL WITHIN THE CITY OF SAN CLEMENTE
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Attachment:
1. Proposed Ordinance Title 6 - Animals
2. Proposed Ordinance Title 6 - Table of Contents
3. Proposed Ordinance Title 6 - Animals (Redline)
Notification:
None.