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
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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
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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.
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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.
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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.
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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.
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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.
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(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
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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.
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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:
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Approved and adopted this 10th day of August, 2004.
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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
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