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O2137 f:\atty\muni\laws\mjm\animalsamend2d-1.doc City Council Meeting 8-10-04 Santa Monica, California ORDINANCE NUMBER 2137 (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, WHEREAS, disbursing food to animals in public parks and public streets poses risks to safety and welfare; and 1 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: Section 4.04.150 Animals at large. No person having control, charge or custody of any animal, shall permit the animal to stray, or run at large in or upon any private property without the property owner's or occupant's permission, any unenclosed private property or any public property, except as authorized by this Chapter. Any animal found straying or at large in or upon public property or private property may be impounded by the City. 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) per violation with each day or partial day of violation counting as a separate offense. In addition to the penalties herein above provided, any condition caused or permitted to exist in violation of the 2 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 Fifty Dollars ($50) per violation with each day or partial day of violation counting as a separate offense. 3 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: Section 4.04.160 Dogs-- Prohibited Public areas. Except as expressly permitted by this Chapter, no person having control, charge or custody of any dog shall permit the dog to be in or upon a school ground, public building, tot lot, playing field, tennis court, basketball court, other game court, or the beach sands lying westerly of that street commonly known as Oceanfront Walk or northerly of the westerly prolongation of the center line of California Avenue. 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) per violation with each day or partial day of violation counting as a separate offense. In addition, any such dog found in any such prohibited place may be impounded as herein provided. 4 Notwithstanding the above, this Section shall not apply to: (1) dogs which are being used by disabled persons as guide or service dogs, while such dogs are being used for 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 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. 5 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. The license fee herein mentioned shall be due and payable on the 2nd day of January each year and shall expire on the 31 st 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. 6 In the event that any person shall fail, neglect or refuse to pay the required license tax before the 1 st 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: Section 4.04.390 Restrictions upon feeding of animals and birds in specified areas. (A) No person shall feed any animal or bird in the area described in Section 3.36.150 of this Code or in any . designated off-leash area. (B) No person shall permit any food or other matter edible by animals or birds to remain on the ground after dispersing or dropping it in or on any park, designated off- leash area, public street or sidewalk. 7 (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. (a) A City Animal Control Officer may issue a written notice to a person owning or harboring a dog to keep the dog muzzled and leashed if the Animal Control Officer determines, based upon clear and convincing evidence, that the dog is vicious or predatory in nature. (b) No person owning or harboring any dog that has been determined to be vicious or predatory shall allow or permit such dog to be upon the public streets, public sidewalks, public parks, or any other public place within the City, or upon any private property which is not fully enclosed 8 by fence or other barrier, except when muzzled and held under leash by an able bodied person. (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 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. 9 SECTION 10. 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, 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, 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: 10 Approved and adopted this 10th day of August, 2004. ~~ Richard Bloom, Mayor State of California ) County of Los Angeles) ss. City of Santa Monica ) I, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby certify that the foregoing Ordinance No. 2137 (CCS) had its introduction on August 3, 2004, and was adopted at the Santa Monica City Council meeting held on August 10, 2004, by the following vote: Ayes: Council members: Mayor Pro Tem McKeown, Genser, Feinstein, O'Connor Noes: Council members: None Abstain: Council members: None Absent: Council members: Mayor Bloom, Katz, Holbrook ATTEST: ~~.~ Maria M. Stewart, City lerk 11