HomeMy WebLinkAboutItem No. 15 Amend LEMC Mand Spaying, Neutering, MicrochippingCity Council Agenda Report
City of Lake Elsinore 130 South Main Street
Lake Elsinore, CA 92530
www.lake-elsinore.org
File Number: ORD 2019-
Agenda Date: 3/26/2019 Status: PassedVersion: 1
File Type: Council OrdinanceIn Control: City Council / Successor Agency
Agenda Number: 15)
Second Reading of an Amendment to Lake Elsinore Municipal Code Regarding Animals and
Animal Control Officers, and an Ordinance Regarding Mandatory Spaying, Neutering, and
Microchipping
Adopt by title only and waive further reading of an ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF LAKE ELSINORE, CALIFORNIA, AMENDING CHAPTER 6.04 OF THE LAKE ELSINORE
MUNICIPAL CODE (LEMC) REGARDING ANIMALS AND ANIMAL CONTROL OFFICERS; and,
Adopt by title only and waive further reading of an ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF LAKE ELSINORE, CALIFORNIA, ADOPTING TITLE 6, CHAPTER 6.06 OF THE LAKE ELSINORE
MUNICIPAL CODE (LEMC) REGARDING MANDATORY SPAYING, NEUTERING AND
MICROCHIPPING
Page 1 City of Lake Elsinore Printed on 5/17/2023
Page 1 of 3
REPORT TO CITY COUNCIL
To:Honorable Mayorand Members of the City Council
From:Grant Yates, City Manager
Prepared by: Nicole Dailey, Assistant to the City Manager
Date:March 12, 2018
Subject:Amendmentsto Existing Municipal Code Related to AnimalControl
Recommendation
introduce by title only and waive further reading AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF LAKE ELSINOREAMENDING CHAPTER 6.04 OF THE LAKE ELSINORE
MUNICIPAL CODE (LEMC) REGARDING ANIMALS AND ANIMAL CONTROL OFFICERS.
introduce by title only and waive further reading AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF LAKE ELSINORE ADOPTING TITLE 6, CHAPTER 6.06 OF THE LAKE
ELSINORE MUNICIPAL CODE (LEMC) REGARDING MANDATORY SPAYING, NEUTERING
AND MICROCHIPPING.
Background
The City of Lake Elsinore has contracted with Animal Friends of the Valleys(AFV) to provide a
full range of animal control and sheltering services to ensurethe health and safety of the
citizens of the City and its domestic animals for nearly 30 years. These services include field
services, after-hours emergency response, humane treatment of animals, public education,
sheltering, and enforcement of animal control municipal codes.
The City has agreements with AFV for animal control sheltering and field services, which are
governed by separate agreements. The City’s animal sheltering services are covered by an
agreement with the Southwest Communities Financing Authority (SCFA) administered by
Riverside County on behalf of the City and our neighboring cities.
In 2018, the City budgeted $655,410 for animal control field and shelter services. Part of the
City’s annual fiscal year costs related to sheltering services are based on the percentage of
animals taken into the shelter for our City. Each year, the City of Lake Elsinore has amongst the
highest percentage of cats and dogs going into the shelter in the region. Last year, the City was
responsible for more than 24.2% of the total animal population brought into our local animal
shelter, which was by far the highest for the six areas covered by AFV. For context, the second
highest percentage was in the unincorporated County areas, which was responsible for 17.2%
of all animals brought in. In 2018, a total of 725 dogs and 619 cats were sheltered fromLake
Animal Control Municipal Code Changes
Page 2 of 3
Elsinore alone. Of these only 51.8% percent of the dogs and only 2.2% percent of cats were
returned to owners.
More concerning, though, is that from 2016 to 2018, the number of stray cats returned to
owners has dropped an average of 60% every year.Similarly, from July 2018 to November
2018, the City saw the rate of unclaimed stray dogs rise by 40%. In addition, 86% of the cats
taken to the shelter from Lake Elsinore were unsterilized cats and 61% of dogs were
unsterilized.
Discussion
As the Southwest Riverside County region has grown, so have the demands and costs for
animal control and sheltering services. To address this, AFVand theSCFA Boardhave urged
Southwest Riverside County cities to adopt mandatory spay, neuter and microchipping policies
that align with those adopted by the County of Riversidenearlynine years ago. Therefore, staff
is proposinga new chapter, 6.06, of the Lake Elsinore Municipal Code, mandatingmandatory
spaying, neuteringand microchipping. Staff modeled the ordinance after the County of
Riversidewithminor changes to further strengthen the enforcement of the policy. This policy is
expected to create long-term changes that will positively impact pet overpopulation and save
more animal livesin Lake Elsinore.
Theproposed ordinance requires that dogs and cats over the age of four months be altered and
microchipped. This will be monitored and enforced during dog licensing and through animal
control services including citations. The proposed municipal code does allow for specific
exemptions related to sick, old, competition, and/or special service animals. In addition, we have
included a Hobby Breeder License, which is modeled after Los Angeles County to allow us to
charge a higher license fee for those who prefer not to alter their dog or cat in the interest of
possibly breeding the animal.
In addition, the proposed ordinance requires thatall dogs and cats be implanted with a
microchip. This requirement will greatly improvethe City andAFV’s ability to reunite cats and
dogs with their owners. In the City of Lake Elsinore, residents have shown an increased interest
in microchipping their pet. In 2017, more than 25% of all microchip implants conducted by AFV
were in the City. Once again, exemptions have been included to address specific reasons why a
dog or cat cannot be microchipped.
Finally, at the City Council’s direction, staff has proposed an ordinance amendment to Chapter
6.04 eliminatingthe requirementforcat licensing. Currently, the City of Lake Elsinoreis the only
entity in Southwest Riverside County that requires cat licensing. Originally, the policy of
mandatory cat licensing was adopted toaddress and reduce the cat population.However, as
stated, each yearthe City and shelter struggle to address anincreasing number of feral and
stray cats. Therefore, upon further evaluation, the City believes this provision has proven to be
ineffective and is unnecessary.
Staff recognizes that these policy changes may cause some concern for citizens. Therefore,
staff plans to allow for a three-month grace period, which will be proposed at a subsequent
meeting establishing the fines and fees associated with these changes. In addition, staff has
proposed that citizens be given the option to pay the citation or tospay/neuter/microchip their
dog or cat and waive the fine.Staff intends to work with AFV to properly notify pet owners of
these new provisions and the options availableincluding our local low-cost spay and neuter
clinic.
Animal Control Municipal Code Changes
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Last month, staff alsosubmitted a grant request for the 2019 Pet Lover’s License Plate Grant
Program to fund a Spay & Neuter LE incentive program to provide residents free spay/neuter
vouchers and to fund the City’s first Trap and Release Program. Announcements of award
funding are expected in May 2019. This program would allow the City to encourage citizens to
come into compliance and assist others who may be unable to afford to spay/neuter their pets.
Fiscal Impact
None at this time. However, these provisions are expected to offset related costs to enforce and
implement these new programs and to reduce long-term costs associated with animal control.
Exhibits
A –Ordinance Amending Chapter 6.04Animals and Animal Control Officers
B–Ordinance Adding Chapter 6.06 Mandatory Spaying, Neutering and Microchipping
ORDINANCENO. 2019–____
AN ORDINANCEOFTHECITY COUNCILOFTHECITYOF LAKE ELSINORE
AMENDING CHAPTER6.04OF THE LAKE ELSINORE MUNICIPAL CODE (LEMC)
REGARDINGANIMALS AND ANIMAL CONTROL OFFICERS.
Whereas,the City Council of the City of Lake Elsinore desires to eliminate existing regulations
requiring cat licensing in the City.
NOW THEREFORE, THECITY COUNCILOFTHECITYOFLAKE ELSINOREDOESORDAIN
ASFOLLOWS:
Section 1: LEMC Chapter 6.04,Section 6.04.030, Dog and cat licensing, the section Title and
Paragraphs Aand C, are hereby amended and restated in their entirety as follows:
6.04.030 Dog licensing.
A.It is unlawful for any person to own, harbor or keep any dog four months of age or older within
the City for a period longer than 30 days, unless there is attached to such dog a valid license tag
obtained from the City of Lake Elsinore. A license will be issued for each dog upon payment of a
license fee establishedpursuant to LEMC 6.04.020.;
C. Any dog owned by a person moving into Lake Elsinore that has a current license issued in the
County of Riverside will be honored for up to one year. A Lake Elsinore license must be issued,
however, to ensure that the dog is vaccinated against rabies and to ensure proper information is
on file regarding the owner and the animal.
Section2: LEMC Chapter 6.04, Section 6.04.040, Vaccination requirements, Paragraphs A and
B, are hereby amended and restated in their entirety as follows:
A.At the time of payment of the fee for a dog license, the applicant therefor shall deliver to the
Animal Control Agency or their designee a certificate of vaccination, signed by a veterinarian
licensed to practice as suchin the State, certifying that he vaccinated the dog for which a license
is sought with rabies vaccine, one injection or approved method, within a period of 12 months,
and giving the date of such one injection or approved method, within a period of 12 months, and
giving the date of such vaccination, the brand or type of each dog and the name of the owner of
said dog.
B. Each veterinarian after vaccinating any dog shall sign a certificate of vaccination in duplicate
in the form required by the Health Officer. The veterinarian shall keep one copy, shall give one
copy to the owner of the vaccinated dog and shall send one copy to the Animal Control Agency.
The owner shall retain his or her copy of the certificate in a safe place for so long as he or she
shall continue to own the dog or until such time as the dog is vaccinated again, at which time the
new certificate shall be retained as above indicated.
Ord. No. 2019–_____
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Section 3: LEMC Chapter 6.04, Section 6.04.050, License information -Tags, ishereby amended
and restated inits entirety as follows:
6.04.050 License information -Tags.
Each license shall state the name and residence address of the person to whom each license is
issued, the amount paid therefor, the date when issued, the date on which such license shall
expire, and in the ease of an individual dog license, a description of the dog for which such license
is issued, and the number of metallic tag accompanying such license, which metallic tag is
required and authorized, and shall be furnished at the expense of the Animal Control Agency.
With each license for any individual dog there shall be issued and delivered to the person securing
the license a metal tag with a serial number of the license issued. Each kennel or cattery license
shall show the maximum number of animals which may be kept in such kennel or cattery under
authority of such license.
Section 4: LEMC Chapter 6.04, Section 6.04.120, Duties of Animal Control Officer,Paragraph
G, is hereby amended and restated in its entirety as follows:
G.To conduct license inspections to ensure that all dogs four months of age or older have been
vaccinated and are properly licensed.
Section 5:LEMC Chapter 6.04, Section 6.04.150, Dog and cat impoundment regulations,
Paragraph A, is hereby amended and restated in its entirety as follows:
A.No impounded animal shall be redeemed except on payment of all appropriate fees established
pursuant to LEMC 6.04.020. No dog which is to be kept or harbored within the corporate limits of
the City of Lake Elsinore shall be released from the shelter unless or until it is duly licensed in
accordance with the provisions of this chapter. No unredeemed dog or cat shall be sold if or while
the same is suffering fromany infectious or communicable disease.
Section 6:LEMC Chapter 6.04, Section 6.04.160, Unlawful acts designated, ParagraphsA, B,
D, E, are hereby amended and restated in theirentirety as follows:
A. For the owner of any dog to fail, neglect or refuseto obtain a license for each dog as required
in this chapter.
B. For an owner of any dog to fail or neglect to keep fastened to such dog the tag as provided in
this chapter. The tag shall be attached at all times to a collar, harness or other suitable device
upon the dog for which the license tag was issued.
D.For any person to attach any current license tag on any dog other than the dog for which such
license tag was originally issued.
E.For any person other than the owner to remove from any dog any tag which has been attached
to such dog pursuant to the provisions of this chapter or for any person to counterfeit or imitate
any such tag or attach a counterfeit or imitation tag to any dog or to possess any such counterfeit
tag.
Section 7:Severability.IfanyprovisionofthisOrdinanceoritsapplicationisheldinvalid
bya courtofcompetentjurisdiction,suchinvalidityshallnotaffectotherprovisions,sections, or
Ord. No. 2019–_____
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applicationsoftheOrdinancewhichcanbegiveneffectwithouttheinvalidprovision or
application,andtothisendeachphrase,section,sentence,orwordisdeclaredtobe severable.
Section 8:Effective Date.ThisOrdinanceshallbecomeeffectiveat12:01a.m.onthe
thirty-first (31st) dayafterthedateofadoption.
Section 9:Certification.The Deputy City Clerk shall certify to the passage of this Ordinance and
shall cause a synopsis of the same to be published according to law.
Passed and Adopted on this_____dayof__________, 2019.
Steve Manos
Mayor
Attest:
Mark Mahan,
Deputy CityClerk
Ord. No. 2019–_____
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE)
I, Mark Mahan, Deputy City Clerk of the City of Lake Elsinore, do hereby certify that the foregoing
Ordinance No. 2019-_____ wasintroduced at the Regular meeting of _________,2019, and
adopted by theCity Councilof the City of Lake Elsinoreat its Regular meeting of ________, 2019,
by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
I further certify that said Synopsis was published as required by law in a newspaper of general
circulation in the City of Lake Elsinore, California on the_____day of__________, 2019, and on
the ______day of_________, 201.
City Clerk
ORDINANCENO. 2019–____
AN ORDINANCEOFTHECITY COUNCILOFTHECITYOF LAKE ELSINORE
ADOPTINGTITLE 6, CHAPTER 6.06OF THE LAKE ELSINORE MUNICIPAL CODE
(LEMC) REGARDING MANDATORY SPAYING, NEUTERING AND
MICROCHIPPING
Whereas, each year, the City of Lake Elsinore has amongst the highest percentage of cats and
dogs going into the shelter in Southwest Riverside County; and,
Whereas,in calendar year 2018, a total of 725 dogs and 619 cats were sheltered from Lake
Elsinore alone. Of these, only 51.8 percent of the dogs and only 2.2 percent of cats were returned
to their owners; and,
Whereas,the City Council seeks to set forth regulations addressingpetoverpopulation.
NOW THEREFORE, THECITY COUNCILOFTHECITYOFLAKE ELSINOREDOESORDAIN
ASFOLLOWS:
Section 1: Chapter 6.06, Mandatory Spaying, Neuteringand Microchipping,is hereby added to
the LEMC as follows:
Chapter 6.06
MANDATORY SPAYING, NEUTERINGAND MICROCHIPPING
Sections:
6.06.010 Definitions
6.06.020 Mandatory spayingand neutering of dogs and cats
6.06.030 Mandatory microchipping of dogs and cats
6.06.010 Definitions.
"Altered" means a male animal that has been neutered or a female animal that has been spayed.
Also referred to as a sterile animal.
“Animal Control Agency” meansthe City or its designee, which may specifically include the City’s
contractor for animal control services.
“City” meansthe City of Lake Elsinore.
“Competition cat” means a cat used to show, compete, or breed, and is a breed registered with
the Cat Fanciers Association ("CFA") or anothervalid registry approved by the Animal Control
Agency.
“Competition dog” means a dog used to show, compete, or breed, and is a breed registered with
the American Kennel Club (AKC), United Kennel Club (UKC), American Dog Breeders
Association (ADBA), or anothervalid registry approved by the Animal Control Agency.
"Hobby breeder" means a person whoseeks to not alter their dog or cat to potentiallybreedthe
dog or cat and sell the offspring for money or another consideration, and does not have a kennel,
cattery or pet shop permit/license.
Ord. No. 2019 –_____
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“Impounded” means an animal having been received into the custody of any animal control center,
animal control officer, animal control vehicle, or peace officer authorized by the City under the
provisions of this chapter.
"Owner" means any person who intentionally provides care or sustenance for any animal,
including but not limited to a dog or cat, for any period exceeding atotal of thirty (30) days.
"Service animal" is a guide dog or seeing-eye dog trained by a person licensed under Business
and Professions Code section 7200, et seq., including a signal dogor other dogtrained to do
work or perform tasks for the benefit ofa person with a disability, including, but not limited to,
guiding persons with impaired vision, alerting persons with impaired hearing to intruders or
sounds, providing minimal protection or rescue work, pulling a wheelchair, or fetching dropped
items.
"Unaltered" means adog or cat, four months of age or older, that has not been spayed or
neutered. A condition, that exists, in an animal which permits the producing of offspring.
6.06.020Mandatory spayingand neuteringof dogs and cats.
A.Altered dogs and cats.
1.Requirement. No person may own, keep, or harbor an unaltered dog or cat over the age
of fourmonths in violation of this section. An owner or custodian ofan unaltered dog must
have the dog spayed or neutered, or provide a certificate of sterility, or obtain an unaltered
exempt licenseor obtain a hobby breeder licensein accordance with this chapter. An
owner or custodian of an unaltered cat must have the animal spayed or neutered,or
provide a certificate of sterility, or obtain a hobby breeder licensein accordance with this
chapter.
2.Exemptions. This section shall not apply to any of the followingand any exempt animals
are required to obtain an unaltered exempt license:
a.A dog with a high likelihood of suffering serious bodily harmor death if spayed or
neutered, due to age or infirmity. The owner or custodian must obtain written
confirmation of this fact from a California licensed veterinarian. If the dog is able to be
safely spayed or neutered at a later date, that date must be stated in the written
confirmation; should this date be later than thirty (30) days, the owner or custodian
must apply for an unaltered dog license.
b.A cat with a high likelihood of suffering serious bodily harm or death if spayed or
neutered, due to age or infirmity. The owner or custodian must obtain written
confirmation of this fact from a California licensed veterinarian. If the cat is able to be
safely spayed or neutered at a later date, that date must be stated in the written
confirmation.
c.Animals owned by recognized dog or cat breeders, as defined by City or Animal
Control Agency.
d.Female dogs over the age of 10 years and male dogs over the age of 12 years,
however,an unaltered exempt licenseis still required.
e.Animals used by law enforcement agencies for law enforcement purposes.
Ord. No. 2019 –_____
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f.A qualified service animal. The person owning or having custody of the animal must
have a service animal license and tag issued by the Animal Control Agency.
g.A competition dog or cat that meets the following requirements:
(1)The dog must have competed in at least one dog show or sporting competition
approved by a national registry or the Animal Control Agency within the last 365
days; or the dog has earned a conformation, obedience, agility, carting, herding,
protection, rally, sporting, working, or other title from a purebred dog registry
referenced above or other registry or dog sport association approved by the Animal
Control Agency; or, the owner or custodian of the dog is a member of a purebred
dog breed club, approved by the Animal Control Agency, which enforces a code
of ethics that includes restrictions on breeding dogs with genetic defects or life
threatening health problems.
(2)The cat must has competed in at least one cat show approved by a national registry
or the Animal Control Agency; or the cat has earned a conformation title from a
purebred cat registry; or the owner or custodian of the cat is a member of a
purebred cat breed club approved by the Animal Control Agency, which enforces
a code of ethics that includes restrictions on breeding cats with genetic defects or
life threatening health problems.
B.Hobby breeder license. A dog or cat may be may be exempt from Section 6.06.020(A) if the
owner or custodian is a hobby breeder, and obtains a hobby breeder license for each dog
and/or cat. Each license authorizes the birth of no more than one litter per animal in any 12-
month period. Breeding more than one litter per year will result in penalties.
C.Control of unaltered cats. In accordance with Section 6.06.020(A),it is unlawful for any person
to own, harbor or keep any unaltered cat four months of age or older within the City of Lake
Elsinore. The City or Animal Control Agency may take steps to mitigate the impact of feral cat
populations in compliancewith this law which may include spay and neuter services and/or
trap and release programs.
D.Denial or revocation of unaltered exempt license or hobby breeder license and reapplication.
1.The Animal Control Agencymay deny or revoke an unaltered exemptlicense or hobby
breeder license for one or more of the following reasons:
a.The owner, custodian, applicant or licensee is not in compliance with allof the
requirements of this section;
b.The Animal Control Agencyhas received at least three complaints, verified by the
agency, that the owner, custodian, applicant, or licensee of anunaltereddog or cat
has allowed it to run at large, or has otherwiseneglected it or another animal;
c.The owner, custodian, applicant, or licensee has been previously cited for violating a
State law, city code or other municipal provision relating to the care and control of
animals;
Ord. No. 2019 –_____
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d.The unaltered dog has been adjudicated by a court or an agency of appropriate
jurisdiction to be potentially dangerous, dangerous or vicious, or to be nuisance within
the meaning of theLake ElsinoreMunicipal Code or under state law;
e.Any unalteredexemptlicense held by the applicantor hobby breeder licensehas
previouslybeen revoked;
f.The license application is discovered to contain a material misrepresentation or
omission of fact.
2.Re-application for unaltered exempt licenseor hobby breeder license:
a.When an unaltered exemptlicenseor hobby breeder licenseis denied, the applicant
may re-apply fora license upon changed circumstances and a showing that the
requirements of this chapter have been met. The Animal Control Agencyshall refund
one-half of the license fee when the application is denied.The applicant shall pay the
full fee upon re-application.
b.When an unaltered exemptlicense or hobby breeder license is revoked, the owner or
custodian of the dog or cat may apply for a new license after a thirty (30) day waiting
period upon showing that the requirements of this chapter have been met. No part of
an unaltered exemptlicenseor hobby breeder licensefee is refundable when a
license is revoked,and the applicant shall pay the full fee upon re-application.
E.Appeal of denial or revocation of unaltered exemptlicenseor hobby breeder license.
1.Request for hearing.
a.Notice of intent to deny or revoke. The Animal Control Agency shall mail to the owner,
custodian, licensee, or applicant a written notice of its intent to deny or revoke the
license for an unaltered dog or cat which includes the reason(s) for the denial or
revocation. The owner, custodian, licensee or applicant may request a hearing to
appeal the denial or revocation by filing such request with the Animal Control Agency.
The request must be made in writing within fifteen (15) days afterthe notice of intent
to deny or revoke is mailed. Failure to submit a timely written hearing request shall be
deemed a waiver of the right to appeal the license denial or revocation.
b.Administrative Hearing. The hearing shall be conducted by the Animal Control Agency.
c.Notice and conduct of hearing. The Animal Control Agency or his/her designee shall
mail a written notice of the date, time, and place for the hearing not less than ten (10)
days before the hearing date. The hearing date shall be no more than forty-five (45)
days after the Animal Control Agencyreceipt of the request for a hearing. The hearing
will be informal,and the rules of evidence will not be strictly observed. The Animal
Control Agency shall prepare and mail a written decision to the owner or custodian
after the hearing. The decision of the hearing officershall be the final administrative
decision.
2.Change in location ofunaltereddogor cat. If the dog is moved after the Animal Control
Agencyhas issued a letter of intent to deny or revoke, but has not yet denied or revoked
the license, the owner, custodian, licensee, or applicant must provide the Animal Control
Ord. No. 2019 –_____
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Agency with information as to the dog's whereabouts, including the current owner or
custodian's name, address, and telephone number.
F.Transfer, sale, and breeding of unaltereddog or cat.
1.Offer for sale or transfer of unaltered dog. An owner or custodian who offers any unaltered
dog over the age of four (4) months of age for sale, trade,or adoption must include a valid
unaltered dog license number with the offer of sale, trade or adoption, or otherwise state
and establish compliance with this section. An owner or custodian of an unaltered dog
must notify the Animal Control Agencyof the name and address of the transferee within
ten (10) days after the transfer. The unaltered license and microchip numbers must appear
on a document transferring the animal to the new owner.
2.Offer for sale or transfer of unaltered cat. An owner or custodian of an unaltered cat must
notify the Animal Control Agency of the name and address of the transferee within ten (10)
days after the transfer. The microchip numbers must appear on a document transferring
the animal to the new owner.
G.Penalties. Penaltiesissued for failure to spay or neuter a dog or cat shall be enforced as set
forthbelow:
1.An administrative citation, infraction, or other such authorized penalty may be issuedto
an owner or custodian of an unaltered dog or cat for a violation of this section.
2.Should the owner or custodian of an unaltered dog or cat be found in violation of a state
or local law, as stated above in subsection (A), the owner or custodian shall be required
to spay or neuter the unaltered dog or catin accordance with this sectionand waive the
fine for the spay or neuter violation, or may quality and purchase an unalteredexempt
license, or purchase a hobby breeder license.
H.Impoundment of unaltered dog or cat.
1.Whenan unaltered dog or cat is impounded pursuant to state and/or local law, in addition
to satisfying applicable requirements for the release of the animal, including but not limited
to payment of impound fees pursuant to Chapter 6.04, the owner or custodianshall also
do one of the following:
a. Provide written proof of the dog or cat's prior sterilization, if conditions cannot or do
not make this assessment obvious to Animal Control Agency personnel;
b.Have the dog or cat spayed or neutered by anAnimal Control Agency veterinarian at
the expense of the owner or custodian. Such expense may include additional fees due
to extraordinary care required;
d.At the discretion of the Animal Control Agency, the dog or cat may be released to the
owner or custodian if he or she signs a statement under penalty of perjury,
representing that the dog or cat will be spayed or neutered and that he or she will
submit a statement within ten(10) days of the release, signed by a California licensed
veterinarian, confirming that the dog or cat has been spayed or neutered or is
incapable of breeding; or
e.If the owner or custodian demonstrates compliance with this section.
Ord. No. 2019 –_____
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2.Costs of impoundment.
a.The owner or custodian of the unaltered dog or cat shall be responsible for the costs
of impoundment, which shall include daily board costs, vaccination/medication, and
any other diagnostic or therapeutic applications as provided in Chapter 6.04.
b.The costs of impoundment shall be a lien on the dog or cat, and the unaltered animal
shall not be returned to its owner or custodian until the costs are paid or other
arrangements are made including, but not limited to, a payment plan. If the owner or
custodian of an impounded unaltered animal does not pay the lien against it in full
withinfourteen (14) days, the animal shall be deemed abandoned and become the
property of the Animal Control Agency.
I.Fees and Fines.
a.All fees and fines associated with this section shall be set according to resolution
adopted by the City Council.
b.All costs and fines collected under this part and the fees collected under this section
shall be paid to the Animal Control Agency on behalf of the City to defraythe cost of
the implementation and enforcement of this program.
6.06.030 Mandatory MicrochippingofDogsandCats.
A.Alldogsandcatsovertheageoffour(4)monthsmustbeimplantedwithan identifying
microchip. Theownerorcustodianisrequiredtoprovidethemicrochipnumberto the
Animal Control Agencyandshallnotifythe Animal Control Agencyofanychangeof
ownershipofthedogorcat, or any changeof addressortelephone number.
B.Exemptions.Themandatorymicrochippingrequirementsshallnotapplytoanyof the
following:
1.Adogorcatwithahighlikelihoodofsufferingseriousbodilyinjury,ifimplantedwith the
microchipidentification,duetothehealthconditionsoftheanimal.Theowneror
custodian mustobtainwrittenconfirmationofthatfactfromaCalifornialicensed
veterinarian.Ifthedog orcatisabletobesafelyimplantedwithanidentifyingmicrochip
atalaterdate,thatdatemust bestatedinthewrittenconfirmation.
2.A dog or cat which would be impaired of its athletic ability or performance if implanted
with the microchip identification. The owner or custodian must obtain written confirmation
of that fact from a California licensed veterinarian. If the dog or cat is able to be safely
implanted with an identifying microchip at a later date, that date must be stated in the
written confirmation.
3.AdogorcatthatiskenneledortrainedintheCityofLake Elsinore,butisownedbyan
individualthatdoesnotresideintheCityof Lake Elsinore.Theownerorcustodianmust
keepand maintaintheanimalinaccordancewiththeapplicablelawsandordinancesof
thejurisdictionin whichtheownerorcustodianoftheanimalpermanentlyresides,
includingbutnotlimitedtothe applicablelicensingandrabiesvaccinationrequirements
ofthatjurisdiction.
4.Adogorcatovertheageoften(10)years.
Ord. No. 2019 –_____
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C.Transfer,saleofdogsandcats.
1.Anownerorcustodianwhooffersanydog,overtheageoffour(4)months,forsale,
trade,oradoptionmustprovidethemicrochipidentificationnumberandthevaliddog
license numberwiththeofferofsale,tradeoradoption.Thelicenseandmicrochip
numbersmust appearonadocumenttransferringthedogtothenewowner.Theowner
orcustodianshall alsoadvisetheAnimal Control Agencyofthenameandaddress
ofthenewownerorcustodianin accordancewithsubdivision(a)ofthissection.An
ownerorcustodianwhooffersanydog,over theageoffour(4)months,forsale,trade,
oradoptionandfailstoprovidethe Animal Control Agencywith thenameandaddress
ofthenewowner,isinviolationofthischapterandshallbesubjectto thepenaltiesset
forthherein.
2.An owner or custodian who offers any cat, over the age of four (4) months, for sale, trade,
or adoption must provide the microchip identification number with the offer of sale, trade
or adoption. The microchip numbers must appear on a document transferringthe cat to
the new owner. The owner or custodian shall also advise the Animal Control Agency of
the name and address of the new owner or custodian in accordance with Subdivision (A)
of this section. An owner or custodian who offers any cat, over the age of four (4) months,
for sale, trade, or adoption and fails to provide the Animal Control Agencywith the name
and address of the new owner, is in violation of this chapter and shall be subject to the
penalties set forth herein.
3.When a puppy or kitten under the age of four(4)monthsimplantedwithmicrochip
identificationissoldorotherwisetransferredtoanotherperson,theownerorcustodian
shall advisetheAnimal Control Agencyofthenameandaddressofthenewowner
orcustodian,andthe microchipnumberofthepuppyorkittenwithinten(10)daysafter
thetransfer.Ifitisdiscovered thatanownerorcustodianhasfailedtoprovidetheAnimal
Control Agency withthenameandaddressof thenewownerandthemicrochipnumber
ofthepuppyorkitten,theownerorcustodianshallbe subjecttothepenalties set forth in
chapter.
D.Impoundment ofunmicrochippeddog or cat. Whenanimpoundeddogorcatiswithout
microchipidentification,inadditionto satisfyingapplicablerequirementsfortherelease
oftheanimal,includingbutnotlimitedto paymentofimpoundfeespursuanttoChapter
6.04,theownerorcustodianshallalsodooneof thefollowing:
1.Havethedogorcatimplantedwithan Animal Control Agencymicrochipbyan
Animal Control Agency registeredveterinariantechnicianorveterinarianordesignated
personnelattheexpenseofthe ownerorcustodian;
2.AtthediscretionoftheAnimal Control Agency,thedogorcatmaybereleasedtothe
ownerorcustodianifheorshesignsastatementunderpenaltyofperjury,representing
thatthe dogorcatwillbeimplantedwithamicrochipandthatheorshewillsubmita
statementwithin ten(10)daysoftherelease,signedbyaCalifornialicensedveterinarian,
confirmingthatthedog orcathasbeensoimplantedandprovidethemicrochipnumber
totheAnimal Control Agencyorallowthe AnimalControl Agency toscanthedogorcat
forthemicrochiptoverify.
E.Feesformicrochipidentificationdevice.
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1.Thefeeforanidentifyingmicrochipdevice shallbeincludedinthecostofadoption
whenadoptingadogorcatfromananimalshelter operatedbytheAnimal Control
Agency.
2.Ifananimalhasalreadybeenimplantedwithanidentifying microchipdeviceby
someotherfacility,therewillbenofeetohavetheidentificationmicrochip number
enteredintotheAnimal Control Agency'sregistryasrequiredbysubdivision(A)ofthis
section.
F.Fines and fees.
1.All fees and fines associated with this sectionshall be set according to resolution adopted
by the City Council.
2.All costs and fines collected under this part and the fees collected under this section shall
be paid to the Animal Control Agency on behalf of the City to defray the cost of the
implementation and enforcement of this program.
Section 2:Severability.IfanyprovisionofthisOrdinanceoritsapplicationisheldinvalid
bya courtofcompetentjurisdiction,suchinvalidityshallnotaffectotherprovisions,sections, or
applicationsoftheOrdinancewhichcanbegiveneffectwithouttheinvalidprovision or
application,andtothisendeachphrase,section,sentence,orwordisdeclaredtobe severable.
Section 3:Effective Date.ThisOrdinanceshallbecomeeffectiveat12:01a.m.onthe
thirty-first (31st) dayafterthedateofadoption.
Section 4:Certification.The City Clerk shall certify to the passage of this Ordinance and shall
cause a synopsis of the same to be published according to law.
Passed and Adopted on this _____dayof __________, 2019.
Steve Manos
Mayor
Attest:
Mark Mahan,
Deputy City Clerk
Ord. No. 2019 –_____
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE)
I, Mark Mahan, Deputy City Clerk of the City of Lake Elsinore, do hereby certify that the foregoing
Ordinance No. 2019-_____ was introduced at the Regular meeting of _________, 2019, and
adopted by the City Council of the City of Lake Elsinore at its Regular meeting of ________, 2019,
by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
I further certify that said Synopsis was published as required by law in a newspaper of general
circulation in the City of Lake Elsinore, California on the _____day of __________, 2019, and on
the ______day of _________, 2019.
Mark Mahan
Deputy City Clerk