SAN RAFAEL CITY COUNCIL AGENDA REPORT

Transcription

1 Agenda Item No: 5.b Meeting Date: May 21, 2018 Department: City Manager s Office SAN RAFAEL CITY COUNCIL AGENDA REPORT Prepared by: Daniel Soto, Associate Management Analyst City Manager Approval: TOPIC: SUBJECT: ANIMAL CONTROL ORDINANCE SET A PUBLIC HEARING FOR MONDAY, JUNE 4, 2018 REGARDING A PROPOSED ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING CHAPTER 6.10 OF THE SAN RAFAEL MUNICIPAL CODE ENTITLED "ANIMALS" TO ADOPT BY REFERENCE THE ANIMAL CONTROL REGULATIONS SET FORTH IN TITLE 8 OF THE MARIN COUNTY CODE, AS RECENTLY AMENDED, AND TO AMEND SECTION OF THE SAN RAFAEL MUNICIPAL CODE PRESCRIBING THE APPLICABLE PENALTIES FOR VIOLATION OF ANIMAL CONTROL REGULATIONS RECOMMENDATION 1. Set a public hearing for Monday, June 4, 2018 regarding a proposed ordinance to amend Chapter 6.10 of the San Rafael Municipal Code entitled "Animals" to adopt by reference the animal control regulations set forth in Title 8 of the Marin County Code, as recently amended, and Section of the San Rafael Municipal Code prescribing the applicable penalties for violation of animal control regulations. 2. Introduce for first reading and pass to print: An Ordinance Amending Chapter 6.10 of the San Rafael Municipal Code Entitled "Animals" to Adopt by Reference the Animal Control Regulations Set Forth in Title 8 of the Marin County Code, as Recently Amended, and to Amend Section of the San Rafael Municipal Code Prescribing the Applicable Penalties for Violation of Animal Control Regulations. BACKGROUND Animal control services in all of Marin County, including in San Rafael, are administered by the County of Marin. The County of Marin, in turn, contracts with Marin Humane, also known as the Marin Humane Society, as the animal services agency for Marin County, who provides animal control services. A new contract between the County of Marin and Marin Humane was recently approved by the Board of Supervisors at their regularly scheduled meeting on April 10, The countywide animal control services program is governed by a joint powers agreement, executed in 1979, between each city in Marin County and the County of Marin (Attachment 1). The joint powers agreement requires, among other tasks, that each city adopt an animal control ordinance that is consistent with the County of Marin s Animal Control Ordinance as set forth in Title 8 of the Marin County Code. FOR CITY CLERK ONLY Council Meeting: Disposition:

2 SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 At their regularly scheduled meeting on April 10, 2018, the Board of Supervisors adopted an ordinance amending their Animal Control Ordinance. Per the joint powers agreement, the City is also required to adopt any amendments to the County of Marin s Animal Control Ordinance. ANALYSIS The proposed ordinance will incorporate recently approved changes to Marin County s Animal Control Ordinance, which relate to the following topics: Potentially dangerous and vicious dogs; Rabies vaccinations - Veterinarian reporting requirements; and Exotic animals (Attachment 2). Below is a summary of these changes: Potentially dangerous and vicious dogs o This change is required to comply with state law. The revision removes dogs that were identified in convicted dog fighting cases as automatically being defined as dangerous without a hearing. Rabies vaccinations - Veterinarian reporting requirements o There are two changes in this section. The first change gives veterinary hospitals and clinics additional time, increasing the deadline from 10 days to 30 days, to comply with rabies vaccine reporting requirements. The second change moves the home bite quarantine fees to the general list of fees, or fee schedule. This change is recommended as an administrative cleanup item to be consistent with how fees are managed. Exotic animals o The proposed changes expand the list of prohibited wild and undomesticated animals allowed to be kept in Marin County, as well as limit those organizations that can exhibit exotic animals, upon recommendation of the Marin Humane Society, the animal services agency appointed by the County of Marin. The purpose of the changes includes the protection of public health and safety, protecting and recognizing the unique needs that wild or exotic animals have, reducing inhumane training techniques, and decreasing the amount of administrative effort it takes to research and enforce specialized permit applications. The proposed ordinance would adopt by reference Title 8 of the Marin County Code, which includes the recently approved amendments. Pursuant to Government Code Section , for this type of ordinance, the City is required to set a public hearing to consider the proposed ordinance, as well as to introduce and authorize the publication of the ordinance, prior to the public hearing. If approved, the Recommended Actions identified in this staff report will accomplish these two requirements. FISCAL IMPACT There is no fiscal impact associated with this item. RECOMMENDED ACTION 1. Set a public hearing for Monday, June 4, 2018 regarding a proposed ordinance to amend Chapter 6.10 of the San Rafael Municipal Code entitled "Animals" to adopt by reference the animal control regulations set forth in Title 8 of the Marin County Code, as recently amended. 2. Introduce for first reading and pass to print: An Ordinance Amending Chapter 6.10 of the San Rafael Municipal Code Entitled "Animals" to Adopt by Reference the Animal Control Regulations Set Forth in Title 8 of the Marin County Code, as Recently Amended. ATTACHMENTS 1. Joint powers agreement executed on May 22, 1979 with amendment 2. Ordinance

3 ......JOINT POWERS AGREEMENT THIS AGREH1ENT, made and entered into this day of 1979, by and beb/een the County of t~arin, --"~-=.==.::.\-- _ a political subdivision of the State of California, hereinafter referred to as "County", and the City of San Rafael, a duly constituted City within the County of Marin, hereinafter referred to as "City". WHEREAS, the parties hereto are duly constituted public agencies and possess the common power to regulate and control animals within their jurisdiction; and WHEREAS, it is mutually advantageous to each party hereto to contract for the cooperation of the parties with the intent of establishing basic and.mutually agreeable levels of service, reducing costs, improving services, and providing public benefits; NOW, THEREFORE, in consideration of the mutual promises and agreements hereinafter stated and the performance thereof, the parties do hereby agree as fo 11 ows :.'. 1. All prior agreements between the par! ~.~s relating to animal control ser- vices in Marin County are declared terminated. 2. The County hereby agrees to provide animal control services in accord- ance with the performance standards hereinafter referred to within City. Said services shall be rendered by employees of the Marin County Humane Society, with whom the County may contract for said purpose. 3. County shall provide animal control services which shall be financed fronl fees and other revenues directly related to the animal control services and program. 4. County will maintain the same level of during , as stated below. anima~ control services provided County may also in its sole discretion provide funding from County sources other than animal control revenues to maintain the.. level of animal control services provided during County shall maintain during the term of this agreement the same ratio of animal control services provided during , which was: eleven (11) animal control officers for a population of 226,000. (One (1) A.C.0./20,545 persons). County shall to the extent possible set and meet the following goals and/or performance standards. License and keep licensed 75% of all dogs in Marin County. Set license fees at a level to maintain a self-supporting animal control program. Establish patrol schedules that insure central business districts, and neighborhood parks in each city are adequately patrolled. Establish emergency response standards for live animals to lib: insure response time is held to an absolute minimum. ATTACHMENT 4

4 '... Prior to any reduction in the above service level, County shall provide City with 45 days prior notice and written justification as to the reasons for same. 5. County agrees to establish and maintain a door-to-door canvassing and licensing enforcement service, which shall be conducted throughout the urban area no less than every two years, to assure that the maximum number of animals subject to 1 ;cense are, in fact, licensed. 6. County, through the Board of Supervisors, has the sole discretion to : ~ establish all fees related to the animal control program throughout the County and within City. same. County, in determining fees, may hold a Public Hearing regarding If a Public Hearing is held, all local newspapers shall be noticed 10 days in advance as to the date, time and place of the hearing and City shall receive the same prior notice.. City shall be formally notified in writing as soon as possible after any increase is made. 7. County, through the Board of Supervisors, has the authority to advise the judiciary as to fines and forfeitures related to violations of the animal control ordinances through the County and within the City. County may hold a,', Public Hearing regarding changes in such fines and forfeitures. If a Public Hearing is held, all 10,cal newspapers shall be --noticed 10 days in advance as to the date, time and place of the hearing and City shall receive the same prior notice. City shall be formally notified in writing as soon as possible after any increase is made. 8. County will be solely responsible for the sale of licenses and the collection of license fees throughout the County and ",lithin CUy. 9. In consideration of the rendition of the aforesaid services provided by County, City agrees that all revenues derived from licensing of dogs and other animals within the boundaries of City, and all revenues which would accrue to City pursuant to the provisions of Penal Code Section 1463 in connection with fines imposed for the violation of any provisions of a City animal control ordinance, shall be paid to County. 10. County agrees to prosecute through the District Attorney, all County and City animal control violations under the terms of this agreement and in accordance with all applicable ordinances in a prompt and, diligent manner. 11. City agrees. to adopt and maintain, in full force and effect, including the amount of fees provided, an ordinance identical with the provisions of the Marin County Animal Control Ordinance set forth in Title 8, Chapter 8.04, 8.08 and 8.12 of the Marin County Code. City also agrees to enact amendments to its -2ATTACHMENT 4,

5 ,...,... 'to. ordinance identical to the amendments to the Animal Control Ordinance adopted by the Board of Supervisors within 120 days after request to do so by County. The County Administrator, acting on behalf of the County, may use discretion and need not request City to adopt amendments which do not apply to City. 12. If, during the term of any renewal hereof, City modifies in any manner, or fails to amend, its animal control ordinance thereby changing all or any part of the conditions of this agreement, County shall have the right to terminate this agree~~nt upon the rend~tion of 30 days' written notice. In such case, any fees or fines collected during the term shall be prorated between City and County on the basis of the percentage of the term of this agreement which lapsed at the time of termination. 13. For the purpose of this agreement, all officers of the County ~nd/or the Humane Society engaged in performing any services hereunder, within the boundaries of any City, shall be deemed to be peace officers for the purpose of animal control enforcement of the City. Notwithstanding, said persons shall not be deemed to be employees of the City for any other purpose.,'. 14. This agreement shall be in effect from the date of execution to June 30, 1979, and shall be considered automatically extended for each year thereafter, effective July 1 of that year, unless notice is delivered by either party of non-renewal at least 120 days in advance of the expiration date. Within 60 days follo\,/ing the first year of this agreement, the County Administrator and City t1anagers shall submit a written report to the Board of Supervisors and all City Councils indicating how well the intent of this agreement has been met. Thereafter, a similar report or response may be made as needed. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written. COlJNTY OF MARIN ATTEST: CITY OF SAN RAFAEL ATTACHMENT -3-4

6 AMEN~~ENT TO AGREEMENT THIS AMENDMENT TO AGF2EMENT, made and entered into t~is 3rd day of December, 1990, b\- and between the COUNTY OF M.!_::, IN, a political subdivision of the State of referred to as "County", and the Ci ty California, here~~3fter of San Rafael, =- duly constituted municipality ~Lthin referred to as "City". the County of Marin, here:~after WITNESSETH: WHEREAS, County and City are parties to a joint?owers agreement regarding animal control services; and WHEREAS, both parties wis:h to amend said agreement. NOW, THEREFORE, paraqraphs #3, 4, 5, 8 and 14 0: said agreement shall be changed to read as follows: 3. County shall pro~ide animal control services, the costs of which shall i:1clude: (1) the cost of the Cc.mty's contract with th~ Humane Society; (2) the cost.:-f the veterinarian who acts as County veterinarian; (3) the cost of building rental for the pound facility; ::1d (4) cost of the licensing program, which shall be fina~~ed as follows: In the fiscal yea~ 1990/91, the cities shall contr:bute, collectively, a ~otal of $600,000 to be divided among jurisdictions o~ the basis of a mutually ag~~eable formula. In the fiscal year 1991/92, the cities shall contr:bute, collectively, a ~otal of $700,000 to be divided among jurisdictions o~ the basis of a mutually agr~~able formula. ATTACHMENT 4 ORIGINAl

7 In the fiscal year 1992/93, ~nd County and the cities will ~ontribute the animal control program ~s County 30% Cities 70% each year thereafter, the follows: to the net cost of 4. County shall maintain t~2 level of animal control services provided below: County shall maintai~_, during the term of this agreement, sufficient animal control officers to provide at least one officer on duty twenty-four hours, seven days a we2k. County shall, to the exten~ possible, set and mee~ the following goals and/or performance standards: License and keep lice~sed County. 75% of all dogs in Marin Set license and other fees at a level to maintain at least the current 12vel of offset to the program (20% of the gross pco~~am cost). Establish patrol sch~dules that insure central business districts an~ neighborhood parks in each city are adequately pa~rolled. Establish emergency r2sponse standards for live animals to insure response time is held to an absolute minimum. Prior to any reduction in th-2 above service level, County shall provide City wi th ~3 days notice and wr i t ten justification as to the reasons for same. 5. County agrees to establish and maintain licensing enforcement service to assu~2 that the maximum number of animals subject to license ~re, in fact, licensed. 8. County will be solely responsible for the sale of licenses and the collection of license fees throughout ATTACHMENT 4

8 the County a~d ~ithin City, except as the City may choose to participate in the sale of licenses. 14. This agreement shall be i:1 effect from the date of execution to June 30, 1995, and shall be considered automatically extended for each year thereafter, effective July 1 of that year, unless notice is delivered by ei :.her party of non-renewal at least 120 days in advance of the expiration date. Wi thin 60 days following the first year of this agreement, the County Administrator and City Managers shall submit a written report to the Board of Supervisors and all City Councils indicating how well the intent of this agreement has been met. Thereafter, a similar report or response may be made as needed. To all othe~ in full force and effect. intents and purposes, said agreement shall remain IN WITNESS WHEREOF, the parties hereto have caused their duly authorized representative to execute the within amendment the day and year first above written F ~R~OfN -J.. ~..,....".. ';'.='. /J ~~ t he Board o f Supervisors ATTEST: CITY OF SAN RAFAEL ~2.~<,-- ayor ATTACHMENT 4

9 ORDINANCE NO. AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING CHAPTER 6.10 OF THE SAN RAFAEL MUNICIPAL CODE ENTITLED "ANIMALS" TO ADOPT BY REFERENCE THE ANIMAL CONTROL REGULATIONS SET FORTH IN TITLE 8 OF THE MARIN COUNTY CODE, AS RECENTLY AMENDED, AND TO AMEND SECTION OF THE SAN RAFAEL MUNICIPAL CODE PRESCRIBING THE APPLICABLE PENALTIES FOR VIOLATION OF ANIMAL CONTROL REGULATIONS WHEREAS, on May 22, 1979, the City of San Rafael entered into a joint powers agreement with the County of Marin to provide animal control services in the City of San Rafael; and WHEREAS, per the terms of the joint powers agreement between the City of San Rafael and the County of Marin, the City of San Rafael is required to adopt an ordinance identical with the provisions of the Marin County Animal Control Ordinance set forth in Title 8, Chapters 8.04, 8.08, and 8.12 of the Marin County Code; and WHEREAS, per the terms of the joint powers agreement between the City of San Rafael and the County of Marin, the City of San Rafael is also required to enact amendments to its ordinance relating to animal control regulations that are identical to the amendments to the County of Marin s Animal Control Ordinance set forth in Title 8, Chapters 8.04, 8.08, and 8.12 of the Marin County Code; and WHEREAS, at their regularly scheduled meeting on April 10, 2018, the County of Marin Board of Supervisors adopted Ordinance No. 3687, entitled Ordinance of the Marin County Board of Supervisors Amending Animal Control Ordinance, Chapter 8.04 of Title 8 ; and WHEREAS, the City of San Rafael wishes to comply with the provisions set forth in the joint powers agreement between the City of San Rafael and the County of Marin by adopting the amendments to the County of Marin s Animal Control Ordinance, which were adopted by the County of Marin Board of Supervisors at their regularly scheduled meeting on April 10, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES HEREBY ORDAIN AS FOLLOWS: DIVISION 1: Chapter 6.10 of the San Rafael Municipal Code is hereby amended to read as follows: Adoption of County Code. The Marin County animal control regulations set forth in Title 8 of the Marin County Code as Chapters 8.04,8.08, and 8.12, including amendments thereto, are hereby adopted by reference and shall be in full force and effect within the City of San Rafael and enforced by the San Rafael Police Department or its designee Leashing of dogs required. No owner or keeper of a dog shall allow or permit such dog, whether licensed or unlicensed, to be or run at large in or upon any public place or premises, or in or upon any private place or premises other than those of the owner or keeper except with the consent of the person in charge of said

10 private place or premises, unless such dog is securely restrained by a substantial leash of reasonable length. The dog or dogs shall be under the control of a responsible person at all times Dogs prohibited at Downtown Farmer's Market Festival and other similar special public events. No owner or keeper of a dog shall allow or permit such dog, whether leashed or unleashed, to be in any public street or other public place that has been designated, by action of the City Council, as the location of special public events, such as the Downtown Farmer's Market Festival, the Italian Street Painting Festival, or similar festivals, celebrations or events, during the designated period of operation of such festivals, celebrations or events; provided, that this prohibition shall not apply to a person with disabilities requiring the use of a guide dog, signal dog or service dog to obtain equal access to such an event; and provided, that this prohibition shall not be effective unless appropriate signs giving notice of such prohibition are posted at sufficient points around the event to give reasonable notice of such prohibition to the public Penalty for violations. (A) Except as provided in subsection (B) below, any person violating, within the city of San Rafael, any provision of the Marin County Animal Control Code, set forth in Title 8, Chapter 8.04, 8.08, 8.12 of the Marin County Code including Sections , , , , , , , , , , , , , , and , as adopted in this chapter by reference, is guilty of a misdemeanor, subject to the penalties as provided in Section of this code. (B) Any person violating, within the city of San Rafael, Section of the Marin County Code, as adopted in this chapter by reference, is guilty of an infraction for the first offense, and is guilty of a misdemeanor for a second and any subsequent offense within a one-year period, subject to the penalties as provided in Section of this code. (C) Any person violating any other provision of this chapter, within the city of San Rafael, including Section and set forth above, is guilty of an infraction, subject to the penalties provided in Section of this code. (D) In addition to the enforcement provisions set forth in Title 8, Chapter 8.04, 8.08, 8.12 of the Marin County Code, a violation of the provisions of this chapter is subject to enforcement by the provisions of Title 1 (General Provisions), Chapters 1.40, 1.42, 1.44 and 1.46 of this code. DIVISION 2: This Ordinance is exempt from the California Environmental Quality Act ( CEQA ) pursuant to the State CEQA Guidelines, since it can be seen with certainty that there is no possibility that this Ordinance or its implementation would have a significant effect on the environment (14 Cal. Code Regs. Section 15061(b)(3)). DIVISION 3: If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted the Ordinance and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid.

11 DIVISION 4: A summary of this Ordinance shall be published and a certified copy of the full text of this Ordinance shall be posted in the office of the City Clerk at least five (5) days prior to the City Council meeting at which it is adopted. This Ordinance shall be in full force and effect thirty (30) days after its final passage, and the summary of this Ordinance shall be published within fifteen (15) days after the adoption, together with the names of the Councilmembers voting for or against same, in the Marin Independent Journal, a newspaper of general circulation published and circulated in the City of San Rafael, County of Marin, State of California. Within fifteen (15) days after adoption, the City Clerk shall also post in the office of the City Clerk, a certified copy of the full text of this Ordinance along with the names of those Councilmembers voting for and against the Ordinance. ATTEST: GARY O. PHILLIPS, Mayor LINDSAY LARA, City Clerk The foregoing Ordinance No. XXXX was read and introduced at a regular meeting of the City Council of the City of San Rafael on Monday, May 21, 2018, and was ordered passed to print by the following vote, to wit: AYES: NOES: ABSENT: Councilmembers: Councilmembers: Councilmembers: And will come up for adoption as an Ordinance of the City of San Rafael at a Regular Meeting of the Council to be held on the X day of June LINDSAY LARA, City Clerk