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CA:f:atty\muni\strpts\dogfines
City Council Meeting 8-2-94 Santa Monica, California
AUG 0 2 1994
TO: Mayor and city council
FROM: city Attorney
SUBJECT: Ordinance of the City Council of the City of Santa Monica
Amending Santa Monica Municipal Code Sections 4.04.150,
4.04.160, 4.04.370 and 4.04.385, Relating to Fines for
Failure to Comply with Various Dog Regulations
INTRODUCTION
At its meeting on July 26, 1994, the City Council introduced for
first reading an ordinance amending Santa Monica Municipal Code
Sectlons 4.04.150, 4.04.160, 4.04.370 and 4.04.385, relatlng to
fines for failure to comply with various dog regulations. The
ordinance is now presented to the City Council for adoption.
RECOMMENDATION
It is respectfully recommended that the accompanying ordinance be
adopted.
PREPARED BY: Marsha Jones Moutrie, city Attorney
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CA:f:atty\muni\laws\jl\dogfines
City Council Meeting 8-2-94 Santa Monica, California
ORDINANCE NUMBER 1759
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(City council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE
SECTIONS 4.04.150, 4.04.160, 4.04.370 AND 4.04.385,
RELATING TO FINES FOR FAILURE TO COMPLY
WITH VARIOUS DOG REGULATIONS
The city Council of the City of Santa Monica does ordain as
follows:
SECTION l. Santa Monica Municipal Code Section 4.04.150 is
amended to read as follows:
4.04.150 Animals at large.
No person having control, charge or custody
of any fowl, dog or other animal, shall permit
the same to stray, or run, or be at large, in or
upon any public street, or other public place
within the City and such fowl, dog or other
animals found at large in any such place shall
be lmpounded as herein provided. Dogs which are
properly licensed and tagged for the current
calendar year, may be permitted on any public
street, pUblic park or other public place within
the city not specifically prohibited in Section
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4.04.160 hereof, if the dog is in the custody
and control of a competent person and restrained
by a chain or leash of a fixed length of six
feet or less in length, attached to a collar or
harness; or if confined within an automobile; or
on any duly designated off-leash publl.c park
area, if the dog is duly licensed and tagged by
the city of Santa Monica for the current
calendar year, and if the dog is in the custody
and control of a competent person. Any person
violating this Section shall be guilty of an
infraction, which shall be punishable by a fine
of not less than Fifty Dollars ($50.00) per
violation. Each such person shall be guilty of
a separate offense for each and every day during
any portl.on of which any violatl.on of this
section is committed, continued or permitted by
such person and shall by punished accordingly.
In addition to the penalties herein above
provided, any condl.tion caused or permitted to
exist in violation of the provisions of this
section shall be deemed a public nuisance and
may be, by this city, summarily abated as such,
and each day such condition continues shall be
regarded as a new and separate offense.
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SECTION 2. Santa Monica Municipal Code Sectlon 4.04.160 is
amended to read as follows:
4.04.160 Dogs-Restricted Areas.
Except as permitted by this Chapter, no
person having control, charge or custody of any
dog shall permit the same to go upon any school
ground, recreational area or playground, or
public park, including, but not limited to park
buildings, tot lots, playing fields, tennis
courts, basketball courts and other game courts,
or upon the beach sands lying westerly of that
street, commonly known as The Promenade or upon
the beach sands lying northerly of the westerly
prolongation of the center line of California
Avenue. Any person violating thls Section shall
be guilty of an infraction, which shall be
punishable by a fine of not less than Fifty
Dollars ($50) per violation. Each such person
shall be guilty of a separate offense for each
and every day during any portion of which any
violatlon of this Sectlon is committed,
continued, or permitted by such person and shall
be punished accordingly. In addition, any such
dog found in any such prohibited place may be
impounded as herein provided.
In addition to the penalties hereinabove
provided, any condition caused or permitted to
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exist in violation of the provisions of this
Section shall be deemed a public nuisance and
may be, by this City, summarily abated as such,
and each day such condition continues shall be
regarded as a new and separate offense.
The provisions of this section shall not
apply:
(1) To dogs which are being used by
disabled persons as guide or service dogs, while
such dogs are being used for such purposes;
(2) To dogs in any area designated by
Resolution of the City Council for use by dogs
if the person having custody or control of the
dog is in compliance with posted rules governing
the use of the designated area.
SECTION 3. Santa Monica Municipal Code Section 4.04.370 is
amended to read as follows:
4.04.370 Dogs to be controlled so as not to
commit nuisances.
No person having the right and ability to
prevent the same, shall knowingly, carelessly,
or negligently permit any dog to commit any
nUlsance upon any pUblic property, including,
but not limited to, public parks, streets,
sidewalks, parkways, gutters and drains, or any
improved private property other than that of the
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owner of said dog or person who has consented
thereto. Any person violating this Section
shall be guilty of an infraction, which shall be
punishable by a fine of not less than One
Hundred Dollars ($100.00) per violation.
SECTION 4. Santa Monica Municipal Code section 4.04.385 is
amended to read as follows:
4.04.385 Material to remove dog feces.
No person shall walk, or otherwise have
in his or her custody or control, any dog upon
any public property, including streets,
sidewalks, public parks, parkways and alleys,
unless the person has in his or her
possession, and in plain view, readily usable
materials or implements sufficient to remove
and to dispose of lawfully any fecal matter
that may be deposited on the ground by the
dog. Any person violating this Section shall
be guilty of an infraction, which shall be
punishable by a of not less than Fifty Dollars
($50.00) per violation.
SECTION 5. Any provision of the Santa Monica Municipal Code
or appendices thereto inconsistent with the provisions of this
Ordinance, to the extent of such inconsistencies and no further, are
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hereby repealed or modified to that extent necessary to affect the
provisions of this Ordinance.
SECTION 6. If any section, subsection, sentence, clause, or
phrase of this Ordinance is for any reason held to be invalid or
unconstitutional by a declsion of any court of any competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this ordinance. The city council hereby
declares that it would have passed this Ordinance, and each and
every section, subsection, sentence, clause, or phrase not declared
invalid or unconstitutional without regard to whether any portion
of the Ordinance would be subsequently declared invalid or
unconstitutional.
SECTION 7. The Mayor shall sign and the City Clerk shall
attest to the passage of this Ordinance. The City Clerk shall cause
the same to be published once in the official newspaper within 15
days after its adoption. This Ordinance shall become effective
after 30 days from its adoption.
APPROVED AS TO FORM:
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MARSHA JON~ MOUTRIE
City Attor y
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Adopted and approved thIS 2nd day of August, 1994
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I hereby certIfy that the foregomg Ordmance No 1759 (CCS) was duly and regularly
adopted at a meetmg of The CIty CouncIl on the 2nd day of August, 1994, by the following
CounCil vote.
Ayes Councilmembers Abdo, Genser, Holbrook, Olsen, Rosenstem,Vazquez
Noes Councllmembers None
Abstam CouncIlmembers None
Absent CouncIlmembers Greenberg
ATTEST
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------ I.,P' Ct ty Clerk {
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