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Home My WebLink About14-129 Ordinance Requiting Mandatory Spaying & Neutering of Pit Bull BreedsCITY OF A LADE LSI1`10 E DREAM EXTREME REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND COUNCILMEMBERS FROM: GRANT YATES, CITY MANAGER DATE: MAY 13, 2014 SUBJECT: 1. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADDING SECTION 6.04.235 TO CHAPTER 6.04 OF THE LAKE ELSINORE MUNICIPAL CODE REQUIRING THE MANDATORY SPAYING AND NEUTERING OF PIT BULL BREEDS; 2. RESOLUTION ESTABLISHING FINES AND PENALTIES FOR VIOLATION OF CHAPTER 6.04 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING ANIMALS AND ANIMAL CONTROL OFFICERS Recommendations 1. It is recommended that the City Council postpone any action with respect to Ordinance No. 2014-1323 until early next year to allow time to execute and evaluate the results of the City's newly proposed animal control measures including license fee reductions and a regional coordinated marketing program. As an alternative to the Recommended Action, the City Council may: 2. (a) Waive further reading and re -introduce by title only Ordinance No. 2014-1323 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ADDING SECTION 6.04.235 TO CHAPTER 6.04 OF THE LAKE ELSINORE MUNICIPAL CODE requiring the mandatory spaying and neutering of Pit Bull breeds, and (b) Adopt Resolution No. 2014-12 establishing fines and penalties for violation of Chapter 6.04 of the Lake Elsinore Municipal Code Regarding Animals and Animal Control Officers. As a second alternative to the Recommended Action, the City Council may: 3. Direct staff to develop an ordinance section requiring mandatory spaying and neutering of all breeds for future consideration and reading. Ordinance Regarding Spaying and Neutering of Pit Bull Breeds May 13, 2014 Page 2 of 3 Background The above -referenced Ordinance requiring the mandatory spaying and neutering of Pit Bull breeds was introduced at the regular City Council meeting held on March 11, 2014 following public testimony and discussion. At the subsequent meeting on March 25, 2014, proposed changes were made to the ordinance. At this time, the City Council voted to review Ordinance No. 2014-1323 and reintroduce with a comprehensive plan at the first City Council meeting in May. The latest version of this ordinance, as presented on March 25th, is attached. In April, the Southwest Communities Financing Authority's Board of Directors for the local animal shelter approved a Regional Coordinated Marketing Program. The program will promote and develop incentives encouraging responsible pet ownership measures such as licensing, spay or neutering and micro -chipping. Discussion At the City Council meeting on March 25, 2014, there was substantial discussion regarding whether the City should require mandatory spay and neutering for Pit Bull breeds or all breeds. At this time, it was determined to allow the City time to coordinated with regional agencies to see what, if any, additional measures the City and the region could take to address the City's primary goal of reducing overpopulation and saving lives. Staff has proposed, separately, a recommendation to adopt the SCFA Regional Coordinated Marketing Program and reduce license fees to encourage greater compliance in regards to licensing of pets within the City. If adopted by the City Council, staff recommends delaying any future actions in regards to ordinance changes to allow adequate time to implement these new measures and evaluate their effectiveness on reducing overpopulation, lost pets and City costs before implementing any ordinance changes. An initial review of these efforts will be conducted in December. Based on the results, the City Council can then determine whether additional changes, such as mandatory spay and neuter ordinances, should be reconsidered in early 2015. Fiscal Impac# Any additional enforcement required through routine duties of Animal Control Officers would likely incur an additional expense. The fiscal impact, if any, will be determined based on the action taken. The City's Animal Control Field Services agreement is due to expire in June 2014. City Staff will provide a report to the City Council on additional enforcement costs of any related ordinance changes when renewal of the Field Services agreement is agendized. Ordinance Regarding Spaying and Neutering of Pit Bull Breeds May 13, 2014 Page 3 of 3 Prepared by: Nicole Dailey, Management Analyst ZT Approved by: Grant Yates, City Manager Attachments: • Ordinance No. 2014-1323 • Resolution No. 2014-12 ORDINANCE NO. 2014-1323 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REQUIRING THE MANDATORY SPAYING AND NEUTERING OF PIT BULL BREEDS WHEREAS, in recent years, pit bulls comprise a disproportionately high number of unwanted dogs in the County of Riverside generally, accounting for twenty percent (20%) percent of shelter dogs and thirty percent (30%) of dogs euthanized in the County of Riverside; and WHEREAS, while the majority of pit bull owners are responsible and take appropriate measures to ensure that their dogs do not have unwanted offspring, there is a need to mitigate the large number of unwanted pit bulls in the City; and WHEREAS, restricting the maintenance of and breeding of intact pit bulls and requiring the spaying and neutering of pit bulls will not prevent responsible pet owners and pet breeders from owning, breeding, or showing pit bull breeds; and WHEREAS, this Ordinance is adopted pursuant to California Health and Safety Code section 122331, which authorizes cities.and counties to enact mandatory breed specific spay/neutering programs. THE CITY COUNCIL OF THE CITY OF THE CITY OF LAKE ELSINORE DOES ORDAIN AS FOLLOWS: SECTION 1. Section 6.04.235 is hereby adopted as follows: 6.04.235 Mandatory Spay and Neutering of Pit Bull Breed Dogs. A. No person shall own or possess a pit bull over the age of four (4) months that has not been spayed or neutered, except as provided for in Section 6.04.235.C. B. For purposes of this chapter, "pit bull" means Staffordshire Bull Terrier, American Pit Bull Terrier, or American Stafford Terrier breed of dog, or any mixed breed of dog which contains, as an element of its breeding, any of these breeds so as to be identifiable as partially of one or more of these breeds. C. Exemptions. The following pit bulls are exempt from the regulations described in this Section 6.05.235: 1. A currently licensed pit bull (a) in which the owner or custodian has provided verification that the pit bull is registered with the American Kennel Club, the United Kennel Club or other appropriate registry, or (b) the owner or custodian possesses a current dealer's license from the U.S. Department of Agriculture's Animal and Plant Health Inspection Service. [emphasis added]. 2. A pit bull that has been appropriately trained and is actually being used by a public law enforcement agency for law enforcement purposes. 3. A pit bull that is an assistance dog as defined in California Food and Agricultural Code section 30850. 4. A pit bull which has been certified by a licensed veterinarian as having a health reason for not being spayed/neutered. 5. A pit bull which is in training at a licensed kennel and is currently licensed by the owner or custodian in another jurisdiction. The owner or custodian of the pit bull has the burden of showing that the pit bull is licensed in another jurisdiction. D Determination of Breed. 1. Upon the request of any person, including the Animal Control Director, or upon the Animal Control Officer's own initiative, the Animal Control Officer will determine whether a dog is a pit bull that has not been spayed or neutered in violation of Section 6.04.235.A. 2. The dog owner or custodian may appeal a determination issued pursuant to subsection 6.04.235.D.1 by filing a written request for appeal with the Animal Control Agency within ten days after notice of the determination is mailed to the owner or custodian. No provision herein shall prohibit personal service. The determination by the Animal Control Officer is deemed final if a timely appeal is not received by the Animal Control Agency. The appeal shall be heard within thirty days after the Animal Control Agency's receipt of the request for appeal. The Animal Control Agency shall mail written notification to the owner or custodian of the date, time, and place of the hearing, at least ten days prior to the hearing date. Failure of the owner or custodian or agent to appear at the hearing will result in forfeiture of the right to a hearing. 3. The hearing may be informal and the rules of evidence not strictly observed. The hearing shall be conducted by a hearing officer designated by the Animal Control Agency. The determination of the hearing officer shall be final. 4. The Animal Control Agency shall mail written notification of the appeal determination to the owner or custodian of the dog within ten days after the hearing. 5. If the written notification of the appeal determination confirmed that the dog is an unaltered pit bull kept in violation of Section 6.04.235.A, the owner or custodian of the pit bull shall submit written documentation to the Animal Control Agency confirming compliance with Section 6.04.235.A within fifteen days of the Animal Control Agency mailing the notice of determination. Alternatively, if the pit bull has been moved to a location outside of the City's jurisdiction, within fifteen days of the Animal Control Agency mailing the notice of determination, the owner or custodian shall provide the Animal Control Agency with the new location of the pit bull, the current E owner or custodian's name, and the telephone number and address of the owner or custodian. SECTION 2. If any provision, clause, sentence or paragraph of this Ordinance or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions of this Ordinance and are hereby declared to be severable. SECTION 3. This Ordinance shall take effect thirty (30) days after the date of its final passage. The City Clerk shall certify as to adoption of this Ordinance and cause this Ordinance to be published and posted in the manner required by law. PASSED, APPROVED, AND INTRODUCED at a regular meeting of the City Council of the City of Lake Elsinore, California, on the 11=" day of March, 2014, and adopted at a regular meeting of the City Council of the City of Lake Elsinore, California, on the day of , 2014. ATTEST: Virginia J. Bloom, City Clerk APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney Natasha Johnson, Mayor City of Lake Elsinore City Council 3 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF LAKE ELSINORE ) I, VIRGINIA J. BLOOM, City Clerk of the City of Lake Elsinore, California, hereby certify that Ordinance No. 2014-1323 was introduced at a regular meeting of the City Council of the City of Lake Elsinore on the 11 th day of March, 2014, by the following roll call vote: AYES: NOES - ABSENT: ABSTAIN: Virginia J. Bloom, CMC City Clerk RESOLUTION NO. 2014-12 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ESTABLISHING FINES AND PENALTIES FOR VIOLATION OF CHAPTER 6.04 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING ANIMALS AND ANIMAL CONTROL OFFICERS WHEREAS, the City Council of the City Lake Elsinore has duly adopted Chapter 6.04 of the Lake Elsinore Municipal Code (LEMC) which provides, among other things, regulations involving the control of animals; and WHEREAS, Chapter 6.04 provides that the fines for violation of Chapter 6.04 shall be established by the City Council. THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMIE AND ORDER AS FOLLOWS: SECTION 1. The above recitals are true and correct. SECTION 2. Any person convicted of an infraction under the provisions of Chapter 6.04 of the LEMC shall be punishable by a fine not exceeding $100.00 for a first violation, a fine- not exceeding $200.00 for a second violation of the same provision within one year, and a fine not exceeding $500.00 for each additional violation of the same provision within one year. SECTION 3. The City Manager is hereby authorized to establish a fine schedule for specific violations of the provisions contained within Chapter 6.04 of the LEMC, provided that such fines shall not exceed the maximum fine limits set forth in Section 2 herein. SECTION 4. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED on this 11th day of March, 2014 Natasha Johnson, Mayor City of Lake Elsinore ATTEST: Virginia J Bloom, City Clerk City of Lake Elsinore APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney City of Lake Elsinore STATE OF CALIFORNIA COUNTY OF RIVERSIDE SS CITY OF LAKE ELSINORE I, VIRGINIA J. BLOOM, City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. 2014-12 was adopted by the City Council of the City of Lake Elsinore at a regular meeting held on the 11 th day of March 2014 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Virginia J. Bloom, CMC City Clerk