HomeMy WebLinkAboutItem 6e. O-1738 Second Reading approving modifications to the Animal Control Ordinance Item 6e
Department: Police
Cost Center: 8001
For Agenda of: 9/17/2024
Placement: Consent
Estimated Time: N/A
FROM: Rick Scott, Police Chief
Prepared By: Brian Amoroso, Deputy Chief
SUBJECT: SECOND READING OF ORDINANCE NO. 1738 (2024 SERIES)
AMENDING MUNICIPAL CODE TITLE 6 - ANIMALS
RECOMMENDATION
Adopt Ordinance No. 1738 (2024 Series) entitled, “A n Ordinance of the City Council of
the City of San Luis Obispo, California, amending Title 6 (Animals) of the Municipal Code
to adopt and incorporate by reference San Luis Obispo County Code Title 9 (Animals)
and to retain certain city requirements regarding animals.”
POLICY CONTEXT
The City of San Luis Obispo contracts with the County of San Luis Obispo to provide
animal control services to the city. The animal services contract is coordinated and
funded as an expense item in the budget of the Police Department. The County has
recently updated their animal control ordinance, Title 9 of the County Code, and has
asked each contract City to adopt their Code by reference into the Municipal Code to
streamline and simplify the enforcement of animal control throughout the County.
By adopting Title 9 of the County Code (by reference), many current San Luis Obispo
municipal codes in Title 6 (Animals) will be duplicates and will be removed. The City will
retain all current animal control Municipal Codes that are not represented in Title 9,
resulting in no significant changes to the current animal control rules and regulations of
the City, but this approach will provide future efficiencies should the County make further
updates to Title 9.
DISCUSSION
Background
On August 20, 2024, City Council introduced Ordinance No. 1738 (2024 Series)
(Attachment A) amending Title 6 of the City of San Luis Obispo Municipal Code, to adopt
and incorporate by reference San Luis Obispo County Code Title 9 (Animals) and to retain
certain city requirements regarding animals.
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Item 6e
In addition to the following changes at Council also requested current San Luis Obispo
Municipal Code sections 6.28.070 and 6.28.080 be amended to read as follows:
6.28.070 Bees prohibited-Exception
No person, firm or corporation shall keep bees within the corporate limits; provided,
that nothing herein shall be deemed to prohibit the keeping of bees for the purpose
of study and observation in a hive or box, which is situated within a school district-
owned property designated by the district for such educational purposes; or for
agricultural purposes, located within a Conservation/Open Space or Agriculture
zoning district.
6.28.080 Breeding prohibited in city.
No owner of, and no person in possession or in charge of, any livestock, poultry, or any
domestic or domesticated animals other than household pets, shall breed or permit the
breeding of such livestock, poultry, or domestic or domesticated animal within the city;
provided, that nothing herein shall be deemed to prohibit breeding for the purpose of study
and observation in a location situated within a school district-owned property designated
by the district for such educational purposes; or for agricultural purposes, located within a
Conservation/Open Space or Agriculture zoning district.
Title 9 of the San Luis Obispo County Code establishes rules and regulations related to
the care, management and keeping of animals within the County. Additionally, it
establishes the County Division of Animal Services’ role, responsibility, and authority in
the enforcement of those codes. The last substantial revisions to the code occurred in
1998. Since that time, standards and expectations with regard to animal care and control
have evolved, leaving some of the code’s provisions outdated and inconsistent with
currently recognized best practices.
Beyond addressing omissions and additions, the County revisions clarified existing
language, resolved conflicting provisions, eliminated redundancies, and provides
continuity between Title 9 and other sections of the County Code .
The City of San Luis Obispo Municipal Code contains the rules and regulations related to
animal regulations in the City. Animal control Officers from the County are tasked with
enforcing the regulations of each contract City, creating a confusing mix of numerous
municipal codes, combined with the County Code, that required research and analysis,
depending on which jurisdiction they were currently responding to for a call for service.
Having each contract city adopt Title 9 of the County Code will provide a standardized set
of regulations that can be more easily enforced, create continuity throughout the county,
while still allowing each City to keep additional regulations that are not cont ained in Title
9. The City of Grover Beach was the first to adopt Title 9 of the County Code by reference
on 7/22/2024. If approved, San Luis Obispo will be the second City in the county to adopt
the County Code.
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Item 6e
Should council adopt the county code by reference, the following SLOMC chapters and
sections will be rescinded in their entirety:
6.04, 6.08, 6.12, 6.16, 6.24, 6.20.020, 6.20.030, 6.20.040, 6.20.050, 6.20.060,
6.20.070, 6.28.020, 6.28.030, 6.28.040 and 6.28.050.
The adoption of the County Code Title 9 by reference will result in the following minor
changes from the current municipal code law:
6.12.130 – The county no longer impounds healthy stray cats, and that practice
would extend to the city. (Potential of lowering future animal control cont ract
services fees)
6.16.070 – Licensing of dogs would be valid for a term of up to 3 years. (Current
SLOMC dog licensing is only valid for one year)
6.16.080 – Licensing fees will be set by County and updated annually to properly
reflect costs.
6.20.020 – Complaints arising from noisy animals can now escalate to a complaint
with the District Attorney’s Office.
In order to keep the current animal regulations status quo in the city of San Luis Obispo,
the following SLOMC sections will be retained as they are not prohibited actions identified
in the County Code:
6.20.010 – Keeping Noisy Animals – Prohibited
6.28.010 – Animal Definitions
6.28.060 – Keeping of Animals – limitations and regulations on keeping of poultry,
rabbits, swine, hogs, pigs, and other animals.
6.28.070 – Prohibition on beekeeping (including minor language update at council
direction)
6.28.080 – Prohibition on breeding in the city (including minor language update at
council direction)
There are some laws in Title 9 of the county code that are not currently contained in Title
6 of the City Municipal Code. These will constitute new animal control restrictions in the
city. Most are administrative in nature, but some of the noteworthy additions include:
9.02.002 – Prohibits the unauthorized feeding of animals by individuals on property
other than their own.
9.02.003 – Requires animal owners to remove animal wastes deposited off the
owner’s property.
9.02.009 – Prohibits the keeping of dangerous and wild animals including large
and venomous snakes, wolf hybrid dogs and others.
9.02.010 – Requires motorists striking domestic animals to stop and render aid or
make official notification.
9.03.001 – Requires microchipping of adult dogs and cats.
9.03.004 – Prohibits cat owners from allowing unaltered cats to roam at large.
Allows finders of unaltered cats roaming at large to have the cat altered at their
expense.
9.08.002 – Establishes a requirement for owners of cats allowed to roam outdoors
to have those cats vaccinated against rabies.
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Item 6e
Previous Council or Advisory Body Action
On August 20, 2024, the City Council introduced Ordinance No. 1738 (2024 Series),
amending the Animal Control Ordinance to incorporate San Luis Obispo County Code
Title 9, by reference.
Public Engagement
No prior formal public engagement was conducted on this item as there will be no
significant substantive changes to the current rules and regulations related to animals,
but rather only a change to where the rules and regulations are codified. In accordance
with the City’s public noticing requirements for proposing amendments to the Municipal
Code, a legal ad was published in The New Times on August 8, 2024, 10 days prior to
the introduction of the Ordinance and an additional legal ad will be published on
September 12, 2024, 5 days prior to the second reading on September 17, 2024. Public
engagement will occur as part of the standard City Council meeting agenda workflow,
including the opportunity to comment in writing and in person at the City Council meeting.
CONCURRENCE
The City Attorney’s Office reviewed the San Luis Obispo County Code and the current
Municipal Code and drafted the ordinance.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act does not apply to the recommended action in
this report, because the action does not constitute a “Project” under CEQA Guidelines
Sec. 15378.
FISCAL IMPACT
Budgeted: Yes Budget Year: 2024-25
Funding Identified: Yes
Fiscal Analysis:
Funding
Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
General Fund $339,026 $ $ $339,026
State
Federal
Fees
Other:
Total $339,026 $0 $0 $339,026
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Item 6e
There is no projected fiscal impact directly related to adopting the County of San Luis
Obispo Title 9 by reference. The City costs associated with Animal Services are based
on our calls for service and shelter usage, based on a percentage of total costs in relation
to the usage and calls for service of the other cities and the County. The current contract
cost for animal services for the City of San Luis Obispo is $339,026.
ALTERNATIVE
Do not amend the ordinance. Staff does not recommend this alternative as the city is
contractually obligated to update the municipal code, either by way of reference or direct
incorporation, animal regulations that do not substantially differ from the county code.
ATTACHMENT
A - Ordinance No. 1738 Animal Services Ordinance Amendment
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O 1738
ORDINANCE NO. 1738 (2024 SERIES)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, AMENDING TITLE 6 (ANIMALS) OF THE CITY
MUNICIPAL CODE TO ADOPT AND INCORPORATE BY REFERENCE
SAN LUIS OBISPO COUNTY CODE TITLE 9 (ANIMALS) AND TO
RETAIN CERTAIN CITY REQUIREMENTS REGARDING ANIMALS
WHEREAS, the City contracts with the San Luis Obispo County (“County”) Division
of Animal Services for the provision of animal control services; and
WHEREAS, to enable the County to provide animal control services within the City,
the City will enact municipal code provisions, which are similar to and consistent with the
County’s code regarding the care, keeping, and management of animals; and
WHEREAS, the City Council desires to support the safe and responsible care,
keeping and management of animals within the City; and
WHEREAS, the County has requested that each City that contracts with the
County for animal control services adopt, by reference, the County’s Code pertaining to
Animals (Title 9) so the County can administer animal control services consistently within
all contracting jurisdictions; and
WHEREAS, to accomplish these purposes, City Municipal Code Title 6 (Animals)
would be amended to incorporate by reference the County Code pertaini ng to Animals
(Title 9); and
WHEREAS, current City Municipal Code chapters 6.04, 6.08, 6.12, 6.16, and 6.24,
and current City Municipal Code sections 6.20.020, 6.20.030, 6.20.040, 6.20.050,
6.20.060, 6.20.070, 6.28.020, 6.28.030, 6.28.040, and 6.28.050, would be rescinded in
their entirety; and
WHEREAS, current City Municipal Code sections 6.20.010 and 6.28.070 would be
retained in their entirety; and
WHEREAS, current City Municipal Code sections 6.28.010, 6.28.060, and
6.28.080 would be modified.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Chapter 6.01 of the San Luis Obispo Municipal Code (Adoption of
San Luis Obispo County Animal Control Code, Title 9) is hereby added, with sections to
read as follows:
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Ordinance No. 1738 (2024 Series) Page 2
O 1738
6.01.010 Adoption and incorporation of San Luis Obispo County Animal Control
Code (Title 9).
The provisions of San Luis Obispo County Animal Control Code, Title 9, as
amended from time to time, are adopted by reference and incorporated in th eir
entirety as provisions of the San Luis Obispo Municipal Code. To the extent any
provision or provisions of the San Luis Obispo County Animal Control Code, Title
9, as adopted, conflict with any other provision or provisions of the San Luis Obispo
City Municipal Code, the other provision or provisions of the San Luis Obispo City
Municipal Code shall take precedence.
6.01.020 Enforcement of Animal Control provisions within City.
The provisions of this Title are enforceable within the jurisdictional boun daries of
the City of San Luis Obispo by the County of San Luis Obispo Animal Control
Officer, or designee, pursuant to and in accordance with the terms of a contract for
animal care and control services entered into between the City and the County,
and by City Code Enforcement and the City Police Department.
SECTION 2. Current San Luis Obispo Municipal Code chapters 6.04, 6.08, 6.12,
6.16, and 6.24, and current City Municipal Code sections 6.20.020, 6.20.030, 6.20.040,
6.20.050, 6.20.060, 6.20.070, 6.28.020, 6.28.030, 6.28.040, and 6.28.050 are hereby
rescinded in their entirety.
SECTION 3. Current San Luis Obispo Municipal Code sections 6.20.010 and
6.28.070 are hereby retained in their entirety.
SECTION 4. Current San Luis Obispo Municipal Code section 6.28.010 is hereby
amended to read as follows:
6.28.010 Definitions.
For the purpose of this chapter, the following words shall have the following
meanings:
A. “Domestic or domesticated animal” means and includes any animal
domesticated to live in close association with or for the benefit of humans in a tame
condition.
B. “Household pets” means and includes any animal normally kept for purposes
of companionship or amusement, including, but not limited to cats, dogs, canaries,
parrots, fish, rodents, rabbits, turtles, lizards and snakes.
C. “Livestock” means and includes horses, ponies, mules, jacks, jennies, cows,
bulls, calves, heifers, sheep, goats, swine, and rabbits.
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Ordinance No. 1738 (2024 Series) Page 3
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D. “Poultry” means and includes pigeons, ducks, geese, turkeys, chickens and all
other domestic or domesticated fowl other than household pets.
SECTION 5. Current San Luis Obispo Municipal Code section 6.28.060 is hereby
amended to read as follows:
6.28.060 Keeping of animals – Limitations and regulations.
A. Poultry and Rabbits.
1. No person shall keep upon any premises in the city any poultry or rabbits:
a. Within fifty feet of any dwelling; or
b. If more than five in all of any such rabbits or poultry are kept, within
seventy-five feet of any dwelling.
2. No person shall keep upon any premises in the city more than twenty-five
such rabbits or poultry, except by special permit of the council first had and
obtained, or keep any rooster of crowing age within one hundred feet of any
dwelling. This provision limiting the maximum number of rabbits or poultry shall
not be retroactive or effective as to rabbit or poultry ranches or processing
plants actually in operation on the effective date of the ordinance codified
herein.
3. The owners or persons in charge of such rabbits or poultry kept in the city
shall provide suitable houses or cotes with board or cement floors in each and
every house and cote, and the houses, cotes or pens shall at all times be kept
clean.
B. Swine, Hogs and Pigs. No person shall keep upon any premises in the city any
swine, hog or pig, whatsoever.
C. Cats. No person shall keep upon any premises in the city more than five (5)
cats.
D. Other Animals.
1. No person shall keep upon any premises in the cit y any other animals as
defined in Section 6.28.010:
a. On any lot containing less than twenty thousand square feet; or
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Ordinance No. 1738 (2024 Series) Page 4
O 1738
b. In any corral, barn or other enclosure which would permit the animals
within seventy-five feet of any dwelling;
c. If staked within one hundred feet of any dwelling.
2. No person shall tie, stake or pasture, or permit the tying, staking or
pasturing, of any animal upon any private property in the city without consent
of the owner or occupant of such property in such a way as to permit any such
animal to trespass upon any street or public place or upon any such private
property. No person shall permit any such animal to be or remain during the
nighttime secured by a stake or secured in any manner other than by enclosing
such animal in a pen, corral or barn sufficient and adequate to restrain such
animal. All such animals shall be provided with adequate food, water and
shelter or protection from the weather.
3. All fences or enclosures used for the purposes set forth in this subsection
must be of such material and maintained in such manner as humane for the
safety and protection of such animals.
The provisions of this section shall not be deemed to apply to any public
educational institution. (Prior code § 4120.5).
SECTION 6. Current San Luis Obispo Municipal Code sections 6.28.070 and
6.28.080 are hereby amended to read as follows:
6.28.070 Bees prohibited - Exception
No person, firm or corporation shall keep bees within the corporate limits; provided,
that nothing herein shall be deemed to prohibit the keeping of bees for the purpose
of study and observation in a hive or box, which is situated within a school district-
owned property designated by the district for such educational purposes ; or for
agricultural purposes, located within a Conservation/Open Space or Agriculture
zoning district.
6.28.080 Breeding prohibited in city.
No owner of, and no person in possession or in charge of, any livestock, poultry,
or any domestic or domesticated animals other than household pets, shall breed
or permit the breeding of such livestock, poultry, or domestic or domesticated
animal within the city; provided, that nothing herein shall be deemed to prohibit
breeding for the purpose of study and observation in a location situated within a
school district-owned property designated by the district for such educational
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Ordinance No. 1738 (2024 Series) Page 5
O 1738
purposes; or for agricultural purposes, located within a Conservation/Open Space
or Agriculture zoning district.
SECTION 7. All prior ordinances relating to anim al control regulations are hereby
rescinded and superseded to the extent inconsistent herewith.
SECTION 8. A summary of this ordinance, together with the names of Council
members voting for and against, shall be published at least five (5) days prior to its final
passage, in The New Times, a newspaper published and circulated in this City. This
ordinance shall go into effect at the expiration of thirty (30) days after its final passage.
INTRODUCED on the 20th day of August 2024, AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the ____ day of ______________, 2024, on
the following vote:
AYES:
NOES:
ABSENT:
___________________________
Mayor Erica A. Stewart
ATTEST:
_______________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
_______________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of San Luis Obispo, California, on ______________________.
___________________________
Teresa Purrington
City Clerk
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