RPVCCA_CC_SR_2014_06_17_07_Reintro_Ord_557CITY OF RANCHO PALOS VERDES
PUBLIC HEARING
Date: June 17, 2014
Subject: Ordinance No. 557-An Ordinance of the City of Rancho Palos
Verdes Adopting by Reference Title 10, Animals, of the Los
Angeles County Code, and Amending Chapter 6.04 of the Rancho
Palos Verdes Municipal Code
Subject Property: Citywide
1. Declare the Hearing Open: Mayor Duhovic
2. Report of Notice Given: City Clerk Morreale
3. Staff Report & Recommendation: City Attorney Lynch
4. Public Testimony:
Applicant: N/A
Appellant: N/A
5. Council Questions:
6. Rebuttal:
7. Declare Hearing Closed: Mayor Duhovic
8. Council Deliberation:
9. Council Action:
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CITY OF RANCHO PALOS ·VERDES
MEMORANDUM
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: CAROL W. LYNCH, CITY ATTORNEY
DATE: JUNE 17, 2014
SUBJECT: ORDINANCE NO. 557 -AN ORDINANCE OF THE CITY OF RANCHO
PALOS VERDES ADOPTING BY REFERENCE TITLE 10, ANIMALS,
OF THE LOS ANGELES COUNTY CODE, AND AMENDING CHAPTER
6.04 OF THE RANCHO PALOS VERDES MUNICIPAL CODE
REVIEWED BY: CAROLYNN PETRU, ACTING CITY MANAGER
RECOMMENDATION:
Staff recommends that the City Council conduct the public hearing, read Ordinance No.
557, "AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES ADOPTING BY
REFERENCE TITLE 10, ANIMALS, OF THE LOS ANGELES COUNTY CODE,
AMENDING CERTAIN SECTIONS THEREOF AND AMENDING CHAPTER 6.04 OF
THE RANCHO PALOS VERDES MUNICIPAL CODE" by title only, waive further reading
and re-introduce the ordinance, and continue the public hearing to July 15, 2014.
BACKGROUND:
Since the City last amended its animal control ordinance in 2009, the Los Angeles
County Board of Supervisors ("Board") adopted a number of changes to Los Angeles
County Code, Title 10, which is the Title of the County Code that governs animal care
and control activities. Since the County provides animal control services to the City by
virtue of a municipal services agreement, and Title 10 is the enforcement mechanism
that is utilized by the County, the County's contract with the City requires that the City
adopt these same changes as well. This is essential for enforcement purposes and will
avoid mistakes or confusion that would inevitably occur from using two different versions
of the same enforcement code.
By adopting the attached Ordinance, all of the provisions that have been adopted by the
County since 2009 will be incorporated by reference into the City's Municipal Code,
other than the amendments regarding cat licensing that are specifically set forth in the
attached Ordinance. A slightly different Ordinance was introduced for first reading at the
May 15, 2014 City Council meeting.
DISCUSSION
Staff has prepared an ordinance that will adopt by reference a more current version of
Title 10, Animals, of the Los Angeles County Code as amended and in effect on May 1,
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Ord. No. 557-Adopting by Reference Title 10, Animals, of the LA County Code
June 17, 2014
Page 2 of 2
2014, ("the Ordinance"). The Ordinance maintains prior City amendments to the County
Code, which were previously adopted by the City Council, that implement the City
Council's previous direction of not requiring City residents to obtain licenses for cats.
The County Department of Animal Care and Control previously advised Staff that the
County did not object to the City's decision not to require cats to be licensed.
The proposed ordinance also includes some minor revisions to existing language to
clarify its application within Rancho Palos Verdes. Since its introduction, the County
requested a revision to one section of the proposed Ordinance to further clarify a
definition, which is set forth in Section 10.04.040 E. The County requested that the
language be clarified to include a reference to the services that the County provides to
the City as a "contract city". Accordingly, paragraph E has been revised (new language
is underlined) as follows:
· E. Only for purposes of the application of this Chapter: "Unincorporated area
of the County of Los Angeles" shall mean and include the area within the City
of Rancho Palos Verdes, because the City has entered into a municipal
services agreement with the County of Los Angeles for the County to perform
animal care and control services on behalf of the City.
Because the proposed ordinance adopts another code by reference, State law requires
that the City Council schedule a public hearing on the ordinance after the first reading,
which is the converse of the usual process. The public hearing can occur in conjunction
with the second reading of the ordinance. Pursuant to Government Code 50022.3, the
notice of the public hearing must be published once a week for two successive weeks,
with at least five days intervening between the respective publication dates. In addition,
the City Clerk is required to keep on file a copy of the County Ordinance to be adopted
by reference available for inspection for at least 15 days before the public hearing as
well as maintaining a copy after its adoption during the period when it is effective. The
City is following these procedures in connection with the public hearing this evening.
CONCLUSION
Since the County provides animal control services to the City, and Title 10 is the
enforcement mechanism that is utilized by the County, Staff recommends that the City
Council conduct the public hearing, read the Ordinance by title only, waive further
reading and, due to the minor changes that were made after its introduction on May 15th,
re-introduce the attached Ordinance. Staff further recommends that the City Council
continue the public hearing to the July 15th City Council meeting for its adoption.
Attachment: Proposed Ordinance
R6876.0001/l 720561 vl 2
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ORDINANCE NO. 557
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES
ADOPTING BY REFERENCE TITLE 10, ANIMALS, OF THE LOS
ANGELES COUNTY CODE, AMENDING CERTAIN SECTIONS
THEREOF AND AMENDING CHAPTER 6.04 OF THE RANCHO PALOS
VERDES MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES
ORDAINS AS FOLLOWS:
Section 1: Section 6.04.010 of Chapter 6.04 of Title 6 of the Rancho
Palos Verdes Municipal Code is hereby amended to read as follows:
"6.04.010 County animal control ordinance adoption.
Title 10, Animals, of the Los Angeles County Code, as amended and in
effect on May 1, 2014, is hereby adopted by reference as the Animal Control Ordinance
of the City of Rancho Palos Verdes with the following exceptions: Sections 10.04.040,
10.08.230, 10.12.075, 10.12.180, 10.12.190, 10.20.010, 10.20.011, 10.20.020,
10.20.030, 10.20.040, 10.20.050, 10.20.060, 10.20.070, 10.20.110, 10.20.130,
10.20.140, 10.20.150, 10.20.160, 10.20.170, 10.20.180, 10.20.190, 10.20.200,
10.20.210, 10.32.010, 10.84.010 and 10.84.020.
A copy of Title 10, Animals, of the Los Angeles County Code, as
amended an in effect on May 1, 2014, has been deposited in the office of the City Clerk
of the City of Rancho Palos Verdes and shall at all times be maintained by the City
Clerk for use and examination by the public.
Section 2: Section 6.04.020 of Chapter 6.04 of Title 6 of the Rancho
Palos Verdes Municipal Code is hereby amended to read as follows:
"6.04.020. Amendments to the City's Animal control ordinance.
Sections 10.04.040, 10.08.230, 10.12.075, 10.12.180, 10.12.190,
10.20.010, 10.20.011, 10.20.020, 10.20.030, 10.20.040 10.20.050, 10.20.060,
10.20.070, 10.20.110, 10.20.130, 10.20.140, 10.20.150, 10.20.160, 10.20.170,
10.20.180, 10.20.190, 10.20.200, 10.20.210, 10.32.010, 10.84.010 and 10.84.020 of the
City's Animal Control Ordinance are hereby amended to read as follows:
10.04.040 Interpretation of language.
A. The present tense includes the past and future tenses; and the future, the
present.
B. Each gender includes both genders.
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C. The singular number includes the plural and the plural the singular.
D. Only for purposes of the application of this Chapter: "Unincorporated area
of the County of Los Angeles" shall mean and include the area within the City
of Rancho Palos Verdes, because the City has entered into a municipal
services agreement with the County of Los Angeles for the County to perform
animal care and control services on behalf of the City.
Section 10.08.230. Unlicensed dog. "Unlicensed dog means any dog for
which the license for the current year has not been paid, or to which the tag for
the current year, provided for in this Division 1, is not attached
Section 10.12.075. Incentive programs. The director, at his or her
discretion, may offer incentive programs to encourage compliance with the dog
licensing requirements.
Section 10.12.180. Unlicensed dogs or unvaccinated dogs or cats -Right
of entry for enforcement. For the purpose of discharging the duties imposed
upon him by this Division 1, the director, in order to enforce the provisions hereof
to take and impound any unlicensed dog or unvaccinated dog or cat, may enter
any real property upon which any dog or cat is kept or harbored or upon which
he has reason to believe any dog or cat is kept or harbored and demand the
exhibition by the person owning or having charge or control of any such dog or
cat, the required rabies vaccination certificate, and/or the license or license tag
for such dog for the current year provided for by this Division 1. This section
does not permit any person to enter any private dwelling, except where
necessary to rescue an animal.
10.12.190. Refusing to show license or certificate unlawful. Any person
upon whom any demand is made under authority of this Division 1 for the
exhibition of any dog or cat rabies vaccination certificate, or any dog license or
tag, who fails or refuses to exhibit the same if he has it in his position, is guilty of
a violation of this Division 1, which shall be punishable as herein provided.
10.20.010. License tags -Issuance -Fee. Pursuant to Chapter 3
(commencing with Section 30801) of Division 14 and 14.5 of the Food and
Agricultural Code, the director shall issue serially numbered permanent dog
license tags marked with the name of the county of Los Angeles.
10.20.011. License -Issuance by veterinarians and other qualified
persons in the City of Rancho Palos Verdes -Conditions. The director may
authorize the issuance of dog licenses, as required by Section 10.20.010, by
persons practicing veterinary medicine in the City of Rancho Palos Verdes, or
other persons approved by the director who meet the qualifications established
by the department. Said persons shall transmit records and negotiable papers to
the department of animal care and control at intervals as established by the
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director, and shall collect and transmit to the director the fee required by this
chapter for the issuance of such licenses. The director may reimburse these
businesses for such fees.
10.20.020. Person deemed custodian when. Any person keeping or
harboring any dog for 15 consecutive days shall be deemed to be the custodian
thereof and subject to licensing provisions within the meaning of this Division 1.
10.20.030. License -Required -Costs. Every person owning of having
custody or control of any. dog over the age of four months in the City of Rancho
Palos Verdes shall obtain a license from the director for each of such dogs and
shall pay the fees for such licenses as set forth in Section 10.90.010.
10.20.040. Animal facility for dogs-When individual dog licenses are
required.
An individual license shall be obtained for each dog when such dog is
kept as a pet at an animal facility and is not kept exclusively in a kennel run or
cage
10.20.050. Exceptions from licensing requirement.
A. The provisions of this Division 1 do not require either a tag or a
license for:
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1. Any dog found within the City of Rancho Palos Verdes when the
owner thereof resides in any municipality or unincorporated territory within
the county, and such dog is wearing or has attached to it a license tag for
the current year issued by such municipality or county.
2. Any dog owned by or in the charge of any person who is a
nonresident of the City of Rancho Palos Verdes and is traveling through
the City or temporarily sojourning therein for a period of not exceeding 30
days;
3. Any dog brought into the City of Rancho Palos Verdes and kept
therein for not to exceed 30 days for the exclusive purpose of entering the
same in any bench show, or dog exhibition, or field trials or competition;
4. Any dog brought or sent into the City of Rancho Palos Verdes from
any point outside thereof for the exclusive purpose of receiving veterinary
care in any dog hospital, in the event that such dog is kept at all times
strictly confined within such hospital;
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5. Any dog wearing having attached to it a license tag for the current
year issued by a municipality within the county or by the county when the
owner thereof has, within one year ·last past, moved his principal place of
residence from such municipality or unincorporated territory of the county
to the City of Rancho Palos Verdes; provided, that such municipality or
county similarly exempts from tag and license requirements dogs wearing
current City license tags and owned by persons who have moved from the
City of Rancho Palos Verdes to such municipality or unincorporated
territory of the county.
B. Except, that each guard dog found within the City of Rancho Palos
Verdes, regardless of where the owner may reside, must have a dog license issued by the
County; and the license tag must be securely affixed to the dog's collar while it is being
used as a guard dog within the City.
10.20.060. Unvaccinated dogs -Licensing permitted when. The director
may accept the payment of the fee for a license tag and a license for a dog who
has not been vaccinated as required by Division 1 on condition that the owner of
such dog within five days thereafter, have such dog vaccinated and submit the
required veterinarian's certificate to the director. Upon receipt of such certificate,
the director shall issue the license tag and license.
10.20.070. Unvaccinated dogs -Time limit for vaccination when dog is
disabled. A person who obtains a license without submitting a certificate of
vaccination because of the infirmity or disability of the dog shall, within 10 days
after the termination. of such infirmity or disability, cause such dog to be
vaccinated as required by Part 2 of this chapter.
10.20.110. License tag -Fee for spayed or neutered animals. Pursuant
to Section 30804.5 of the Food and Agriculture Code, any dog license tag issued
pursuant to Section 10.20.030 of this Part 1 shall be issued for one-half or less
of the fee required if a certificate is presented from a licensed veterinarian that
the dog has been spayed or neutered.
10.20.130. Record keeping and procurement of tags and receipts. The
director shall procure the number of license receipts and dog license tags
needed each year, and shall keep a register wherein shall be entered the name
and address of each person to whom any dog license tag is issued, the number
of such tag, the date of issuance thereof and a description of the dog for which
issued.
10.20.140. License -Vaccination requirements and conditions. The
director
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shall not issue a dog license unless the applicant exhibits a certificate signed by
a veterinarian, licensed either by the state of California or by any other state to
practice veterinary medicine, that:
A. The period elapsing from the date of vaccination with approved
rabies vaccine to the date of expiration of the license being issued does not
exceed the time as established by the state; or
B. Such dog should not be vaccinated with rabies vaccine because
such vaccination would jeopardize the health of such dog due to infirmity or other
disability, which infirmity or other disability, and the estimated date of termination
thereof, is shown on the face of the certificate to the satisfaction of the director.
10.20.150. License -Information to be shown on receipt. When the
director issues a dog license, he shall show on the receipt the age of the dog, the
date of last vaccination, and, if the license was issued without proof of
vaccination, the reason therefor.
10.20.160. License and License tag -Transfer permitted when -Fee. If,
during a license period, a dog is sold or title to the dog is otherwise transferred to
a new owner, such new owner may apply to the director for a transfer of such
dog's tag and license and pay a transfer fee as specified under Chapter 10.90.
Upon receipt of such application and fee, the director shall record the name and
address of the new owner.
10.20.170. Replacement of lost tags. In case any license tag for an
individual dog is lost or destroyed, a duplicate thereof may be procured from the
director upon the submission to the director of such proof as he or she may
require and upon the payment therefor as specified under Chapter 10.90.
10.20.180. Tag to be worn by dog. A license tag for an individual dog
shall be securely affixed to a collar, harness or other device which shall at all
times be worn by such dog, except while such dog remains indoors or in any
enclosed yard or pen.
10.20.190. Keeping unlicensed dogs prohibited. A person shall not
harbor or keep, or cause or permit to be harbored or kept, any unlicensed dog in
the City of Rancho Palos Verdes.
10.20.200. Counterfeit or imitation tags prohibited. A person shall not
attach to or keep upon any dog, or cause or permit to be attached to or kept
upon any dog, any tag provided for in Section 10.20.010 of this chapter except a
tag issued for such dog under the provisions of this chapter, or attach or keep
upon or cause or permit to be attached to or kept upon any dog, or make or
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cause or permit to be made or have in possession, any counterfeit or imitation of
any tag provided for in this chapter.
10.20.210. Removing tag from collar prohibited. An unauthorized person
shall not remove from any dog any collar or harness or other device to which is
attached a license tag, or remove such tag or other identification therefrom.
10.32.010 Dogs-Running at large prohibited-Exceptions.
No person owning or having charge, care, custody or control of any dog shall
cause, permit or allow the same to be or to run at large upon any highway,
street, lane, alley, court or other public place, or upon any private property or
premises other than those of the person owning or having charge, care, custody
or control of such dog, in the City of Rancho Palos Verdes, unless such dog is
restrained by a substantial chain or leash not exceeding six feet in length and is
in the charge, care, custody or control of a competent person.
10.84.01 O Providing food for certain animals-prohibited. Except as
otherwise provided for in Section 10.84.020, no person shall feed or in any
manner provide food to any peafowl, crow, pigeon, seagull, nondomesticated
rodent, including tree squirrels or ground squirrels, or to a nondomesticated
mammalian predator, including coyotes, foxes, opossums, skunks and raccoons.
10.84.020 Feeding animals permitted-when. A person may feed or
provide food to the animals specified in Section 10.84.010 in the following
circumstances:
A. . When the person is the owner of such animal, and such animal is
kept under a valid certificate or permit issued by the State of California
Department of Fish and Game;
8. When the person feeds or provides food to a trapped, injured or
unweaned animal between the time when the agency in charge of animal control
or its designated agent is notified and is picked up by said agency.
Section 3. Notwithstanding the provisions of Section 6.04.010, the City's
Animal Control Ordinance is further amended by amending the first paragraph of
Section 10.90.01 Oto read as follows:
"Every person owning a dog over the age of four months shall obtain an
annual license and tag for each such dog; except, there shall be a one-time only
fee for registration of discharged military dogs, for guide dogs or Seeing-eye
dogs, for signal dogs trained to assist the hearing impaired, for service dogs
trained to perform tasks to assist the physically handicapped, upon payment of
the following fees:"
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Section 4. Section 6.04.030 of Chapter 6.04 of Title 6 of the Rancho
Palos Verdes Municipal Code is hereby amended to read as follows:
"6.04.030 Violations -Penalty
A. Unless a different penalty is provided for in this Chapter, any
person violating any provision of the Animal Control Ordinance is guilty of an
infraction that is punishable by:
1. A fine not exceeding one hundred dollars ($100.00) for a first
violation;
2. A fine not exceeding two hundred dollars ($200.00) for a second
violation of the same provision within twelve ( 12) calendar months; and
3. A fine not exceeding five hundred dollars ($500.00) for each
additional violation of the same provision within twelve (12) calendar months.
B. Any person violating any of the following Sections, or violating any
of the Chapters or provisions referenced in the following Sections, is guilty of a
misdemeanor that is punishable as provided for in Section 1.08.010 of Chapter
1.08 of this Code:
Section 10.12.190
Section 10.12.200
Section 10.20.280
Section 10.20.310
Section 10.28.060
Section 10.28.280(C)
Section 10.32.020
Section 10.32.070
Section 10.32.080
Section 10.37.030
Section 10.37.050(C)
Section 10.37.060(F)
Section 10.40.010
Section 10.40.040
Section 10.80.01 O
Section 10.86.01 O
Any violation of Division 2 of Title 10, which is entitled "Animal Health"
Any violation of Chapter 10. 72 of Title 10, which is entitled "Animal
Disease Reports"
Any violation of Chapter 10. 76 of Title 10, which is entitled "Apiaries"
Section 5. If any section, subsection, subdivision, sentence, clause,
phrase, or portion of this ordinance or the application thereof to any person or place, is
for any reason held to be invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the validity of the remainder of this
ordinance. The City Council hereby declares that it would have adopted this ordinance,
and each and every section, subsection, subdivision, sentence, clause, phrase, or
portion thereof, irrespective of the fact that any one or more sections, subsections,
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subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or
unconstitutional.
Section 6. The City Clerk is directed to forward a certified copy of this
ordinance to the Director of the Los Angeles County Department of Animal Care and
Control.
PASSED, APPROVED and ADOPTED this_ day of ___ , 2014.
MAYOR
Attest:
CITY CLERK
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