HomeMy WebLinkAbout09-Animal Control CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
From: Kenneth Childress Subject: An Ordinance of the City of
San Bernardino amending Section
Dept: Animal Control 6.01.010 and adding new Sections
6.01.160, 6.01.170, 6.01.180 and
Date: January 22, 2007 6.01.190 to Title 6 of the San
Bernardino Municipal Code requiring
mandatory spay/neuter of dogs.
Meeting Date: February 20, 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.
f
Signature
Contact person: Kenneth Childress Phone- 1514
Supporting data attached: Staff Report & draft ordinance Ward: All
FUNDING REQUIREMENTS: None.
Source: NA
Finance:
Council Notes: X",SIL2�
Agenda Item No.
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Staff Report
Subject:
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.
Background:
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, Loma 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)
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.
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.
Attachments:
• Title 6 of the Municipal Code, new Section 6.01.160
Financial Impact:
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.
1
2 ORDINANCE NO.
3
4 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION
5 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
6 MANDATORY SPAY/NEUTER OF DOGS.
7 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
8 safety, health and humane treatment of animals; and
9 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
10 humans and other animals, the creation of hazards to vehicular traffic, and the drain of
public finances; and
11
WHEREAS, the majority of animals received by the City Animal Control
12 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
13
14 WHEREAS, the idea of controlling and reducing the City's pet overpopulation
problem through euthanasia is becoming increasingly problematic. History has shown
15 that treating the symptoms of societal problem is useless without addressing the root
cause of the problem.
16
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
17 COUNCIL OF THE CITY OF SAN BERNARINO DO ORDAIN AS FOLLOWS:
18 CHAPTER 6.01 Section 6.01.020 of the San Bernardino Municipal Code is hereby
amended to include the following definitions:
19
20 II. "Registered Animal" means a purebred dog, recognized by and registered
21 with the American Kennel Club (AKC), United Kennel Club (UKC), or other
22 national registry.
23
24 Section 6.01.160 of the San Bernardino Municipal Code is hereby added and reads as
25 follows:
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NO
J` 15(6107
•
1 6.01.160 Mandatory Spay or Neutering of Dogs
2
3 A. No person may own, keep, harbor, or maintain a dog over the age of four months
4 which has not been spayed or neutered unless the dog is exempt as follows:
5
6 (1) The dog is a registered purebred as defined in Section 6.01.120, and has
7
competed in at least one dog show or sporting competition sanctioned by a
8
national registry within the last 365 calendar days or has earned a conformation,
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obedience, agility, carting, herding, protection, rally, sporting, working or other
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title from a purebred dog registry.
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(2) The animal is unable to be spayed or neutered without a high likelihood of
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14 suffering serious bodily harm or death due to age or infirmity. The owner or
15 custodian must obtain written confirmation to that effect from a licensed
16 veterinarian. The statement must also include the date by which the animal may
17 be safely spayed or neutered, if at all possible.
18
19 (3) Dogs used by law enforcement agencies.
20
21 B. After the effective date of this ordinance, pet owners will have 60 days to come
22 into compliance. New pet owners or pet owners new to the city, will have 60
23 days to come into compliance.
24
25 6.01.170 Impoundment of dogs.
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A. When a dog is impounded, the owner or custodian may reclaim the animal provided
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one of the following occurs:
1
2 (1) The owner shows roof the animal is spayed or neutered.
P
3
4 (2) The owner shall pay a spay/neuter deposit of $100 and shall then have 30
5 days to have the animal spayed or neutered. Upon proof of the spaying or
6
neutering the $100 deposit will be refunded to the pet owner. Failure to
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have the animal spayed or neutered in that time frame will result in
8
forfeiture of the deposit.
9
10
11 (3) Exempt animals whose status was denied or revoked under the provisions
12 of 6.01.180 will be required to comply with Section A(1) above.
13
14 B. Costs for impoundment.
15
16 (1) The owner of an unaltered animal shall be responsible for the costs of
17 impoundment including outstanding fines, fees or any amount set by the
18 Mayor and Common Council.
19
20 (2) If any person does not provide proof of the animal owner's identity or
21 provide satisfactory proof of ownership, claim the animal and pay any sums
22 due prior to the expiration of the holding period prescribed by state law, the
23 animal shall become the property of the City
24
25 6.01.180 Denial or Revocation of Unaltered Dog License or Exempt Status
26
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A. The department may deny or revoke an unaltered dog license or exempt status
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for one or more of the following reasons:
1
2 (1) The pet owner is not in compliance with all of the requirements of
3 Section 6.01.160A(1).
4
5 (2) The department has received at least one complaint, in writing, by a
6
complainant and verified by the department, that the pet owner has
7
allowed the dog to run loose or escape.
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(3) The pet owner was previously cited for violating a state law, county code
10
or other municipal provision relating to the care and control of animals;
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12
13 (4) The unaltered dog has been adjudicated by a court or an agency of
14 appropriate jurisdiction to be potentially dangerous or vicious;
15
16 6.01.190 Allocation of Fees Collected
17
18 All fines and forfeited deposits collected under Section 6.01.160 shall be paid to
19 the Spay/Neuter Trust for the purpose of providing assistance to the public in the
20 spaying and neutering of dogs and cats.
21
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1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING TITLE 6
2 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO ANIMALS.
3
4 1 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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6 thereof, held on the day of , 2007, by the following vote, to wit:
7 Council Members: AYES NAYS ABSTAIN ABSENT
8 ESTRADA
9 BAXTER
10
BRINKER
11
DERRY
12
KELLEY
13
JOHNSON
14
15 MCCAMMACK
16
17
18 Rachel G. Clark, City Clerk
19
20 The foregoing resolution is hereby 9 9 y this day of , 2007.
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22
23 Patrick J. Morris, Mayor
City of San Bernardino
24
25 Approved as to Form:
26 JAMES F. PENMAN,
City Attorney
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