HomeMy WebLinkAbout31-Animal Control
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CITY OF SAN BERNARDINO - REQUEST FQR COUNCIL ACTION
From: Kenneth Childress
Subject: An Ordinance of the City of
San Bernardino amending Section
6.01.010 and adding new Sections
6.01.160,6.01.170,6.01.180 and
6.01.190 to Title 6 of the San
Bernardino Municipal Code requiring
mandatory spay/neuter of dogs.
Meeting Date: February 20, 2007
Dept: Animal Control
Date: January 22, 2007
Synopsis of Previous Council Action:
Feb. 6, 2007 The Legislative Review Committee recommended that the
proposed ordinance be forwarded to the full Council.
Recommended Motion:
That said ordinance be laid over for final adoption.
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Signature
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Supporting data attached: Staff Renort & draft ordinance Ward' All
FUNDING REQUIREMENTS:
None.
Source: NA
Finance:
Council Notes:
Agenda Item No. --.3.J
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Subiect:
An Ordinance of the City of San Bernardino amending Section 6.01.020 and adding new
Sections 6.01.160, 6.01.170, 6.01.180 and 6.01.190 to Title 6 of the San Bernardino Municipal
Code requiring mandatory spay/neuter of dogs.
Backl!:round:
The Animal Control Commission has had numerous discussions over the years about the large
number of animals that are impounded in our area and the equally large numbers of animals that
are surrendered to the City Animal Control Department by pet owners who no longer want them.
Recent comparisons of statistical data of animals entering shelters in our area show that the
Inland Empire has the highest animal population numbers and the highest animal euthanasia
rates in Southern California.
. Last year our animal control department took in 16,149 animals. Of those, 11,552 or 71 % were
euthanized. These figures are from a population base of 450,000 which include our contract
cities of Fontana, Lorna Linda, Colton and Grand Terrace. In comparison, the entire City of
Los Angeles with its 6 animal shelters only handled 47,000 animals with a human population of
3,700,000. The number of animal euthanized in Los Angeles was 19,367 or 41%.
Reducing the numbers of animals handled by our Animal Control Department is a viable solution
to reducing our animal euthanasia rate. Introducing mandatory spay/neuter in our City and
ultimately to the entire Inland Empire is not a drastic measure but rather a practical and relatively
simple alternative to destroying unwanted animals. We have the opportunity to lead the way.
Mandatory spay/neuter ordinances are being considered by a number cities and counties across
the United States. Los Angeles and Santa Cruz Counties passed mandatory spay/ neuter laws
last year. Orange and Riverside Counties are considering similar ordinances this year.
Overview of Ordinance:
6.01.160 Mandatory Spay Neuter of Dogs
A.
No person may own, keep, harbor, or maintain a dog over the age of four months which
has not been spayed or neutered. All dogs over the age of four months must be spayed or
neutered.
B. After the effective date of the ordinance, pet owners will have 60 days to come into
compliance. (Failure to comply would result in a $100 citation)
tit Exceptions:
(1) Purebred dogs that are recognized and registered with the American Kennel Club
(AKC), United Kennel Club 9UKC), or other national registry and have competed a
competition or show in the past year.
(2) Dogs that are medically exempt by a Veterinarian.
(3) Dogs used by Law enforcement Agencies.
6.01.170 Impoundment of Dogs
When a dog is impounded, the owner or custodian may reclaim the animal provided when one of
the following occur:
(1) The owner shows proof the animal is spayed or neutered.
(2) The owner shall pay a spay/neuter deposit of $100 and shall then have 30 days to
have the animal spayed or neutered.
tit 6.01.180 Denial or Revocation of Unaltered Dog License or Exempt status
The department may deny or revoke an unaltered dog license or exempt status when:
(1) Pet owner is not in compliance with Section 6.01.160
(2) The department has received at least one written complaint about the dog being
allowed to run loose.
(3) Pet owner was previously cited for violating a state law, county code or other
municipal provisions relating to the care and control of animals.
(4) The unaltered dog has been adjudicated by a court as dangerous.
6.01.190 Allocation of Fees Collected
All fines and forfeited deposits collected under Section 6.01.160 shall be paid to the Spay/Neuter
Trust for the purpose of providing assistance to the public in the spaying and neutering of dogs
and cats.
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Attachments:
. Title 6 of the Municipal Code, new Section 6.01.160
Financial ImDact:
While here is no direct financial impact as a result of these ordinance changes, Council may wish
to consider increasing the Animal Control Department's Spay/Neuter fund by $10,000 next fiscal
year in order to assist residents with spay/neuter costs. The department has allocated $10,000 for
public spay/neuter vouchers for the past two years.
Recommendation:
The Animal Control Commission unanimously approved the draft of the attached ordinance.
The LRC reviewed and recommended forwarding the proposed ordinance to the full Council.
It is recommended that the ordinance be laid over for final adoption.
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ORDINANCE NO.
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION
6.01.020 AND ADDING NEW SECTIONS 6.01.160,6.01.170,6.01.180 AND 6.01.190
TO TITLE 6 OF THE SAN BERNARDINO MUNICIPAL CODE REQUIRING
MANDATORY SPAY/NEUTER OF DOGS.
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WHEREAS, there exists within the City a serious pet overpopulation problem,
created through irresponsible pet ownership that has resulted in a serious threat to the
safety, health and humane treatment of animals; and
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WHEREAS, the impact of these animals includes, but is not limited to the
indiscriminate breeding of unaltered animals, the transmission of disease, the injury of
humans and other animals, the creation of hazards to vehicular traffic, and the drain of
public finances; and
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WHEREAS, the majority of animals received by the City Animal Control
Department are pets that citizens voluntarily surrender, many thousands of which are
euthanized because there are not enough homes for all the unwanted animals; and
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WHEREAS, the idea of controlling and reducing the City's pet overpopulation
problem through euthanasia is becoming increasingly problematic. History has shown
that treating the symptoms of societal problem is useless without addressing the root
cause of the problem.
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NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARINO DO ORDAIN AS FOLLOWS:
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CHAPTER 6.01 Section 6.01.020 of the San Bernardino Municipal Code is hereby
amended to include the following definitions:
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"Registered Animal" means a purebred dog, recognized by and registered
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Section 6.01.160 of the San Bernardino Municipal Code is hereby added and reads as
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follows:
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6.01.160 Mandatory Spay or Neutering of Dogs
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No person may own, keep, harbor, or maintain a dog over the age of four months
which has not been spayed or neutered unless the dog is exempt as follows:
(1) The dog is a registered purebred as defined in Section 6.01.120, and has
competed in at least one dog show or sporting competition sanctioned by a
national registry within the last 365 calendar days or has earned a conformation,
obedience, agility, carting, herding, protection, rally, sporting, working or other
title from a purebred dog registry.
(2) The animal is unable to be spayed or neutered without a high likelihood of
suffering serious bodily harm or death due to age or infirmity. The owner or
custodian must obtain written confirmation to that effect from a licensed
veterinarian. The statement must also include the date by which the animal may
be safely spayed or neutered, if at all possible.
(3) Dogs used by law enforcement agencies.
B. After the effective date of this ordinance, pet owners will have 60 days to come
into compliance. New pet owners or pet owners new to the city, will have 60
days to come into compliance.
6.01.170
Impoundment of dogs.
A. When a dog is impounded, the owner or custodian may reclaim the animal provided
one of the following occurs:
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(1) The owner shows proof the animal is spayed or neutered.
(2) The owner shall pay a spay/neuter deposit of $100 and shall then have 30
days to have the animal spayed or neutered. Upon proof of the spaying or
neutering the $100 deposit will be refunded to the pet owner. Failure to
have the animal spayed or neutered in that time frame will result in
forfeiture of the deposit.
(3) Exempt animals whose status was denied or revoked under the provisions
of 6.01.180 will be required to comply with Section A(1) above.
B. Costs for impoundment.
(1) The owner of an unaltered animal shall be responsible for the costs of
impoundment including outstanding fines, fees or any amount set by the
Mayor and Common Council.
(2) If any person does not provide proof of the animal owner's identity or
provide satisfactory proof of ownership, claim the animal and pay any sums
due prior to the expiration of the holding period prescribed by state law, the
animal shall become the property of the City
6.01.180 Denial or Revocation of Unaltered Dog License or Exempt Status
A. The department may deny or revoke an unaltered dog license or exempt status
for one or more of the following reasons:
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(1) The pet owner is not in compliance with all of the requirements of
Section 6.01.160A(1).
(2) The department has received at least one complaint, in writing, by a
complainant and verified by the department, that the pet owner has
allowed the dog to run loose or escape.
(3) The pet owner was previously cited for violating a state law, county code
or other municipal provision relating to the care and control of animals;
(4) The unaltered dog has been adjudicated by a court or an agency of
appropriate jurisdiction to be potentially dangerous or vicious;
6.01.190 Allocation of Fees Collected
All fines and forfeited deposits collected under Section 6.01.160 shall be paid to
the Spay/Neuter Trust for the purpose of providing assistance to the public in the
spaying and neutering of dogs and cats.
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING TITLE 6
2 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO ANIMALS.
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4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
5 Mayor and Common Council of the City of San Bernardino at a joint regular meeting
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thereof, held on the _ day of
,2007, by the following vote, to wit:
AYES
NAYS
ABSTAIN
ABSENT
Rachel G. Clark, City Clerk
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The foregoing resolution is hereby approved this _ day of
,2007.
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Patrick J. Morris, Mayor
City of San Bernardino
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25 Approved as to Form:
26 JAMES F. PENMAN,
City ttorney
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