SR-701-002 (7)
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City Council Meeting 8-3-04 Santa Monica, California
TO: Mayor and City Council
FROM: City Staff
SUBJECT: Ordinance Amending Santa Monica Municipal Code Sections 4.04.150
and 4.04.160, and Adding Sections 4.04.155, 4.04.165, 4.04.166 and
4.04.415 to the Municipal Code Restricting Animals At Large, Regulating
Dogs on Public Property, Prohibiting Dogs in Specified Areas and Feeding
in Off-Leash Areas, and Modifying Provisions on Vicious Dogs
Introduction
The attached proposed ordinance would revise, update and clarify certain Municipal
Code provisions applicable to dogs and animals at large. Among other things, the
ordinance would permit dogs on leashes in all but specified areas of City parks, prohibit
allowing animals to be in unenclosed areas of private property, create certain
exceptions to location restrictions on dogs, impose new restrictions upon feeding dogs
in off-leash areas, restrict feeding other animals on streets and sidewalk and in parks,
and provide for review of specified Animal Control Officer determinations. The
ordinance would also eliminate certain antiquated provisions, including the presumption
that pit bulls are vicious, and would eliminate overlapping provisions. The attached
ordinance is presented to the City Council for first reading.
Background
Staff has received complaints and suggestions for amendments to the Municipal Code
provisions on dogs and other animals. Much of this input comes from City residents.
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Dog park users have complained to Community and Cultural Services staff and Animal
Control that bringing food into the off-leash areas poses risks. Dogs often descend
upon the food en masse which creates a significant likelihood of aggression and
conflict. Also some dogs must adhere to strict diets, which preclude ingestion of
unauthorized ?treats? offered or left behind by well-meaning park visitors.
Additionally, some residents have suggested enhancing their opportunities for using
public space with their dogs. Other residents have complained that dogs should not be
allowed to wander onto their private property. Other residents have asked about
changing the license cycle so that all licenses would not be issued in January and
changing the requirement of a rabies shot every three years.
City Animal Control officers have also made suggestions. Specifically, they have
suggested prohibiting dogs on the Pier and the Third Street Promenade in order to
protect health and safety. Those areas are often crowded with pedestrians and, even
leashed dogs may occupy or require a wide berth. Moreover, toddlers, who are often
curious and tend to grab things they wish to explore, may encounter dogs ?head to
head?. Moreover, the Promenade and Pier afford no appropriate place for dogs to
urinate or defecate and waste tends to be washed into storm drains. Finally, it is difficult
to keep dogs on the Promenade and Pier out of the outdoor dining areas.
Animal Control officers have also suggested prohibiting feeding animals on all streets
and sidewalks (a prohibition which presently only applies to the Third Street
Promenade) and in City parks. This suggestion reflects concerns about sanitation and
rodent infestations.
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City staff has also suggested that certain Municipal Code sections should be changed
because they are outdated, confusing and somewhat vague. In particular, Animal
Control officers note that the provision requiring that pit bulls be muzzled conflicts with
state law that prohibits designating a breed as vicious, that Municipal Code sections
governing animals at large and dogs overlap, and that the procedure for appealing a
determination that a dog is vicious is unclear. Community and Cultural Services staff
notes that the Code provision prohibiting dogs in public parks is inconsistent with the
City practice of allowing leashed dogs in parks.
Discussion
The proposed ordinance would address most of these complaints and suggestions;
others are presented here for Council discussion and possible direction to staff.
The proposed ordinance would prohibit food in off-leash areas. Properly tagged and
licensed dogs on leashes would be permitted in City parks, public sidewalks and other
public spaces with some exceptions. The exceptions would be limited to school
grounds, public buildings, tot lots, playing fields, tennis and basketball courts and other
game courts, and the beach sands. Dogs would not be allowed in these areas.
However, guide or service dogs would be allowed in all public places. Also, properly
licensed and tagged dogs not on leashes would continue to be allowed in off-leash dog
parks and vehicles; and animal restrictions would be subject to an exception for
permitted Community Events. Animals on private property would be required to be
enclosed. The proposed ordinance would also prohibit feeding animals and birds on all
City streets and sidewalks and would prohibit having food on the ground in parks.
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Under this proposal, people could still feed birds and animals in parks but could not
leave food behind.
The proposed ordinance would also add new language authorizing the issuance of
citations for allowing an animal to stray onto others? property. The proposed ordinance
would separate the ?at large? section, which applies to all animals from the provisions
applicable only to dogs. Additionally, a new provision would establish that owners
whose animals have been determined to be dangerous may file an administrative
appeal with the Chief of Police.
The proposed ordinance does not address staff?s suggestion that leashed dogs should
not be permitted on the Pier or Third Street Promenade. The Council may wish to
receive public comment on this suggestion, discuss it, and direct staff on further
outreach. Or, language could be added to the proposed ordinance in Section 4.04.160
if the Council decides to implement staff?s suggestion through this ordinance.
The proposed ordinance does not include changes to the licensing cycle or the
requirement of a rabies vaccination every three years. The annual cycle facilitates
enforcement. New tags in a new color are issued at the beginning of each year. This
allows Animal Control officers to quickly and easily ascertain if a license is current. The
three year requirement tracks County and state health standards.
Financial/Budget Impact
Existing staff would enforce the amendments, and no significant financial impacts are
anticipated.
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Recommendation
It is respectfully recommended that the accompanying ordinance be introduced for first
reading.
PREPARED BY: Marsha Jones Moutrie, City Attorney
Barbara Stinchfield, Director of Community and Cultural Services
Elaine Polachek, Open Space Manager
Trinie Garcia-Valdez, Community Use Administrator
James T. Butts, Chief of Police
Donn Umber, Animal Shelter Manager
ATTACHMENT: Proposed Ordinance
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f:\atty\muni\laws\mjm\animalsamend-1.doc
City Council Meeting 8-3-04 Santa Monica, California
ORDINANCE NUMBER _________ (CCS)
(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, 4.04.170, 4.04.390 AND 4.04.410, ADDING SECTIONS 4.04.155,
4.04.166 AND 4.04.415 TO THE MUNICIPAL CODE, AND REPEALING SANTA
MONICA MUNICIPAL CODE SECTION 3.04.110 RESTRICTING ANIMALS AT
LARGE, REGULATING DOGS ON PUBLIC PROPERTY, PROHIBITING DOGS IN
SPECIFIED AREAS AND FEEDING IN OFF-LEASH AREAS, AND MODIFYING
PROVISIONS ON VICIOUS DOGS
WHEREAS, many Santa Monica residents enrich their lives by sharing their households
with dogs, cats and other animal companions; and
WHEREAS, the City Council wishes to provide those residents with opportunities to use
public space with their animal companions; and
WHEREAS, animals roving at large on public and private space pose risks to health,
safety, and community quality of life; and
WHEREAS, the City Council wishes to protect against these risks and to strike the best
possible balance between opportunities available to residents with animals, their
neighbors, and the community as a whole,
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WHEREAS, disbursing food to animals in public parks and public streets poses risks to
safety and welfare; and
WHEREAS, feeding dogs in dog parks can cause fights and otherwise threaten dogs?
health; and
WHEREAS, leaving food in the ground in public parks attracts rodents and diminishes
park aesthetics,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section 4.04.150 is hereby amended
to read as follows:
Deleted:
fowl, dog or other
Deleted:
same
Deleted:
or run, or be at large, in or
Section 4.04.150 Animals at large.
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 impounded
No person having control, charge or custody of any
as herein provided. Dogs which are
properly licensed and tagged for the
current calendar year, may be
animal, shall permit the animal to stray, or run at large in or
permitted on any public street, public
park or other public place within the
City not specifically prohibited in
upon any private property of another, any unenclosed private
Section 4.04.160 hereof, if the dog is
in the custody and control of a
competent person and restrained by a
property or any public property, except as authorized by this
chain or leash of a fixed length of six
feet or less in length, attached to a
collar or harness; or if confined within
Chapter. Any animal found straying or at large in or upon
an automobile; or on any duly
designated off-leash public park area,
if the dog is duly licensed and tagged
public property or private property may be impounded by the
by the City of Santa Monica for the
current calendar year, and if the dog
is in the custody and control of a
City. Any person violating this Section shall be guilty of an
competent person. Any person
violating this Section shall be guilty of
an infraction, which shall be
infraction which shall be punishable by a fine of not less than
punishable by a fine of not less than
fifty dollars per violation. Each such
person shall be guilty of a separate
Fifty Dollars ($50) per violation with each day or partial day
offense for each and every day during
any portion of which any violation of
this Section is committed, continued
of violation counting as a separate offense.
or permitted by such person and shall
by punished accordingly
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In addition to the penalties herein above provided,
any condition 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.
SECTION 2.Section 4.04.155 is hereby added to the Santa Monica Municipal
Code to read as follows:
Section 4.04.155. Dogs on Public Property.
No person having control, charge or custody of any
dog shall permit the dog to be upon any public property,
unless the dog is:
(a) in the custody and control of a competent person;
and either
(b) confined in an automobile or
(c) restrained by a chain or leash six feet or less in
fixed length.
Any person violating this Section shall be guilty of an
infraction which shall be punishable by a fine of not less than
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Fifty Dollars ($50) per violation with each day or partial day
of violation counting as a separate offense.
Notwithstanding the above, this Section shall not
apply 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 4.04.160 is hereby amended
to read as follows:
Deleted:
Restricted
Section 4.04.160 Dogs-- Prohibited Public areas.
Except as expressly permitted by this Chapter, no
Deleted:
same
person having control, charge or custody of any dog shall
Deleted:
go
Deleted:
ny
permit the dog to be in or upon a school ground, public
Deleted:
ground, recreational area
or playground, or public park,
including, but not limited to park
building, tot lot, playing field, tennis court, basketball court,
Deleted:
s
Deleted:
s
other game court, or the beach sands lying westerly of that
Deleted:
s
Deleted:
street commonly known as Oceanfront Walk or northerly of s
Formatted
Deleted:
s
the westerly prolongation of the center line of California
Deleted:
and
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s
Avenue. Any person violating this Section shall be guilty of
Deleted:
upon
Deleted:
,
an infraction, which shall be punishable by a fine of not less
Deleted:
The Promenade
Deleted:
upon the beach sands lying
than fifty dollars ($50) per violation with each day or partial
Deleted:
. Each such person shall be
guilty of a separate offense for each
day of violation counting as a separate offense. In addition,
and every day during any portion of
which any violation of this Section is
committed, continued, or permitted by
such person and shall be punished
accordingly
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any such dog found in any such prohibited place may be
impounded as herein provided.
Deleted:
In addition to the penalties
hereinabove provided, any condition
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.
Deleted:
The provisions of this
Notwithstanding the above, this Section shall not
Section shall not apply:¶
(1) To dogs which are being used
by disabled persons as guide or
apply to:
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
(1) dogs which are being used by disabled persons
use by dogs if the person having
custody or control of the dog is in
compliance with posted rules
as guide or service dogs, while such dogs are being used for
governing the use of the designated
area.
such purposes.
(2) 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 4.Section 4.04.166 is hereby added to the Santa Monica Municipal
Code to read as follows:
Section 4.04.166. Exception for Permitted
Community Events.
Notwithstanding the prohibitions contained in
Municipal Code Sections 4.04.150, 4.04.155, and 4.04.160,
animals may be present on public property in accordance
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Formatted: Bullets and Numbering
with the terms and conditions of a Community Events Permit
issued by the City.
SECTION 5.Santa Monica Municipal Code Section 4.04.170 is hereby amended
to read as follows:
Section 4.04.170 Licensing of dogs.
Every person who harbors a dog within the City shall
pay to the City an annual license tax in an amount to be
established by resolution of the City Council. The City shall
from time to time deliver to the person making such payment
a license which shall describe the dog, together with a seal
or metallic plate having thereon the number of such license,
and figures indicating paid, provided the person making the
payment has filed with the City a certificate indicating the
dog has been vaccinated in accordance with this Chapter
and state law; otherwise, a receipt for payment shall be
issued. Duplicates shall be issued for lost tags for one dollar
and fifty cents upon the filing of proof of such loss. Such
metallic tags shall be attached to a collar or harness and
such collar or harness with the attached tag shall be kept on
such dog at all times, excepting as otherwise provided in the
Code.
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The license fee herein mentioned shall be due and
payable on the 2nd day of January each year and shall
expire on the 31st day of December next ensuing. Where a
dog is acquired after the 2nd day of January, the license fee
thereon shall be due on the date of acquisition of such dog
for such calendar year and thereafter on the 2nd day of
January of each succeeding year.
In the event that any person shall fail, neglect or
refuse to pay the required license tax before the 1st day of
April of each year, a penalty will be assessed, in addition to
the prescribed license fee, in the amount of five dollars for
every neutered male or spayed female dog and ten dollars
for every un-neutered male or unspayed female dog.
The provisions of this Section shall not apply to:
(1) Any dog not more than four months of age.
(2) Owners of dogs certified as assistance dogs by
the Animal Control Division pursuant to state law.
SECTION 6.Santa Monica Municipal Code Section 4.04.390 is hereby amended
to read as follows:
Deleted:
F
Section 4.04.390 Restrictions upon feeding of
Deleted:
pigeons and other birds
and
animals and birds in specified areas.
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Deleted:
, in the area described in
Section 3.36.150 of this Code,
(A) No person shall do any of the following in or on
any designated off-leash area, public street or sidewalk:
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pigeon, or any other
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upon any public street,
(1) Feed any bird or animal, or
sidewalk, mall or way
(2) Disperse any food material or other matter
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pigeons, or and other
edible by any bird or animal so as to make such material or
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pigeons,
matter available to other birds or animals for ingestion; or,
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(3)
(B) No person shall leave any food or other matter
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Permit
Deleted:
pigeons, or
edible by any bird or animal to remain on the ground after
Deleted:
other
Deleted:
s
dispersing or dropping the same in or on any park,
designated off-leash area, public street or sidewalk.
Deleted:
(4)
(C) Any person violating any of the provisions of this
Section shall be guilty of an infraction. Any person convicted
of an infraction under the provisions of this Section shall be
punishable by a fine of not less than five dollars and not
more than twenty-five dollars. Each such person shall be
guilty of a separate offense for each and every commission
of any violation of any provision of this Section and shall be
punished accordingly.
SECTION 7.Santa Monica Municipal Code Section 4.04.410 is hereby amended
to read as follows:
Section 4.04.410 Vicious dogs.
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Formatted: Bullets and Numbering
Deleted:
b
(a) A City Animal Control Officer may issue a
Deleted:
This Section shall apply to
any dog for which the Animal Control
Officer has issued, based upon the
written notice to a person owning or harboring a dog to keep
vicious or predatory nature of the dog,
a written notice to the person owning
or harboring such dog to keep the
the dog muzzled and leashed if the Animal Control Officer
dog muzzled and leashed in
accordance with this Section.
determines, based upon clear and convincing evidence, that
the dog is vicious or predatory in nature.
Deleted:
a
(b) No person owning or harboring any dog that
Deleted:
pit bull or any other
Deleted:
subject to this Section
has been determined to be vicious or predatory shall allow or
pursuant to subdivision (b)
Deleted:
within the limits of the City
permit such dog to be upon the public streets, public
Deleted:
, whether licensed or not,
sidewalks, public parks, or any other public place within the
City, or upon any private property which is not fully enclosed
by fence or other barrier, except when muzzled and held
under leash by an able bodied person.
Deleted:
(c) For purposes of this
Section, "pit bull" means any pit bull
terrier of the Staffordshire Bull Terrier,
American Staffordshire Terrier, or
American Pit Bull Terrier breed of dog
or any mixed breed of dog which
contains as an element of its breeding
(c) Any person violating any of the provisions of this
the breed of Staffordshire Bull Terrier,
American Staffordshire Terrier, or
American Pit Bull Terrier as to be
Section shall be guilty of an infraction. Any person convicted
identified as partially of the breed of
Staffordshire Bull Terrier, American
Staffordshire Terrier, or American Pit
of an infraction under the provisions of this Section shall be
Bull Terrier.
punishable by a fine of not less than five dollars and not
more than twenty-five dollars. Each such person shall be
guilty of a separate offense for each and every commission
of any violation of any provision of this Section and shall be
punished accordingly.
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SECTION 8.Section 4.04.415 is hereby added to the Santa Monica Municipal
Code to read as follows:
Section 4.04.415. Appeals.
Any animal owner who is aggrieved by a decision of
the Animal Control Officer made pursuant to Municipal Code
Section 4.04.280 or 4.04.410 may obtain review of that
determination by filing a notice of appeal with the Chief of
Police who shall, after providing notice and an opportunity to
be heard, render a final decision.
SECTION 9.Santa Monica Municipal Code Section 3.04.110 is hereby repealed
in its entirety as follows:
Deleted:
Section 3.04.110 Dogs.¶
No person having control, charge or
custody of any dog shall permit the
same to go upon any public parking
lot, by except within a vehicle. The
provisions of this Section shall not
apply to dogs which have been
SECTION 10. Any provision of the Santa Monica Municipal Code or appendices
especially trained and used for blind
persons to aid and guide them in their
movements while such dogs are
thereto inconsistent with the provisions of this Ordinance, to the extent of such
being used for such purposes; all
other dogs found in any public
parking lot shall be impounded.
inconsistencies and no further, is hereby repealed or modified to that extent necessary
to effect the provisions of this Ordinance.
SECTION 11. If any section, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any
court of 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,
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or phrase not declared invalid or unconstitutional without regard to whether any portion
of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 12. 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 30 days from its adoption.
APPROVED AS TO FORM:
_________________________
MARSHA JONES MOUTRIE
City Attorney
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