HomeMy WebLinkAboutApprove for introduction Ordinance No. 4085 amending Hunting Dept ID PD-16-006 Page 1 of 2
Meeting Date 5/2/2016
i
�fp/�D dEd 4 —O �au.T of�+�
-q",-Z� 11616-klorE � -d
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
F
MEETING DATE: 5/2/2016
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A Wilson, City Manager
PREPARED BY: Robert Handy, Chief of Police
SUBJECT: Approve for introduction Ordinance No 4085 amending Huntington Beach
Municipal Code Section 7 14 030 related to the performance of wild or exotic
animals for public entertainment or amusement
Statement of Issue
Municipal Code Section 7 14 030 is proposed to be amended to prevent persons from using all
varieties or sizes of snakes or reptilian for the performance of wild or exotic animals for public
entertainment or amusement
Financial Impact
There is no financial impact
Recommended Action
Approve for introduction Ordinance No 4085, "An Ordinance of the City of Huntington Beach
Amending Section 7 14 030 of the Huntington Beach Municipal Code Relating to the Performance
of Wild or Exotic Animals for Public Entertainment or Amusement "
Alternative Action(s)
Do not approve the Ordinance and direct staff accordingly
Analysis
The Police Department has noticed an increase in subjects bringing reptilian onto public lands,
typically in the downtown area Businesses and citizens have expressed safety concerns about
these types of animals being offered for display or used as entertainment In some instances,
young children have been seen putting large snakes around their necks and paying to have
photographs taken with the snake There have been incidents where people have allowed the
snakes and reptilian to freely roam on the grass area of Pier Plaza This activity has caused those
present to become fearful and concerned about their safety The police have been requested to
remove such exotic animals on numerous occasions Based on the current language in the
ordinance, the police are only able to restrict usage of those animals that are over eight feet in
length and venomous
In an effort to keep citizens safe from exposure to all types of reptilian, the Police Department is
recommending the following changes to the definition of "wild and exotic animal" listed in Section
714030
• Restrict all snakes and reptiles, regardless of size or variety
Item 18. - I HB -824-
Dept ID PD-16-006 Page 2 of 2
Meeting Date 5/2/2016
This provides Community Services and Police with enforcement rules that will allow for Improved
safety and service to the community
Environmental Status
Not applicable
Strategic Plan Goal
Enhance and maintain public safety
Attachments)
1 Ordinance No 4085, "An Ordinance of the City of Huntington Beach Amending Section
7 14 030 of the Huntington Beach Municipal Code Relating to the Performance of Wild or
Exotic Animals for Public Entertainment or Amusement "
HB -825- Item 18. - 2
ORDINANCE NO. 4085
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING SECTION 7.14.030 OF THE HUNTINGTON BEACH MUNICIPAL
CODE RELATING TO THE PERFORMANCE OF WILD OR EXOTIC ANIMALS
FOR PUBLIC ENTERTAINMENT OR AMUSEMENT
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Section 7.14.030 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
7.14.030 Definitions
For the purposes of this chapter only,the following words and terms shall be deemed to mean
and be construed as follows:
"Director of Community Services"means the Director of Community Services of the City
of Huntington Beach or his or her designee.
"Display"means the use or exhibition of animals for educational purposes or to groups of
20 or fewer persons.
"Domestic animal" means any animal that is livestock, a companion animal, or both.
Livestock includes but is not limited to poultry, cattle, swine, sheep, goats and horses.
Companion animal means any animal that is commonly kept by a person as a pet or for
companionship and includes but is not limited to domesticated dogs, domesticated cats,
ferrets, gerbils, guinea pigs, hamsters, horses, mice, rabbits and rats.
I
"Performance"means any act, circus, ride, trade show, carnival, parade, race, or similar
undertaking in which wild or exotic animals are required to perform tricks, fight, used for
photographs with members of the public, or participate as accompaniments in performances
for the entertainment, amusement or benefit of an audience. Performance shall not include
the display of wild and exotic animals.
"Person"means any individual, establishment, firm, association, organization, partnership,
trust, corporation or company.
"Community Development Director" shall mean the Community Development Director
of the City of Huntington Beach or his or her designee.
"Wild and exotic animal"means any non-domestic animal and includes any or all of the
following orders and families, or similar orders and families whether bred in the wild or in
captivity, and any hybrid with domestic animals. The animals listed in parentheses are
intended as examples and are not to be construed as an exhaustive list or limit the generality
of each group of animals listed, unless otherwise specified:
16-5172/134147 1
ORDINANCE NO 4085
1 Non-human primates and piosiniians (chimpanzees, monkeys)
2 Felidae (except domesticated cats)
3 Canidae (except domesticated dogs) ,
4 Ursidae (bears)
5 Pioboscidae (elephants)
6 Crocodilia (alligators, crocodiles)
7 Maisupiaha (kangaroos, opossums)
8 Snakes and reptiles of any variety
9. Pei issodactyla(rhinoceroses, tapirs, but not horses of donkeys of mules)
10 Artiodactyla (hippopotamuses, giraffes, camels, but not cattle, swine, sheep of
goats)
11 Hyaenidae (hyenas)
12 Mustelidae (skunks, weasels, otters, badgers)
13 Piocynonidae (raccoons, coatis)
14. Edentata (anteaters, sloths, armadillos)
15 Viveiiidae (mongooses, civets, and genets)
16. Stiuthioniformes (ostriches).
17. Casuariiformes (emus). (3586-12/02)
SECTION 2 This ordinance shall become effective 30 days after its adoption
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 16th day of May , 2016
1 vf;
ATTEST. APPROVED AS ORM.
City Clerk V City Attorney 0 o J j2g()c-
REVIEiWPDAPPROVED INITIATED AND APPROV
i
rty Managei Police Chie
16-5172/134147 2
Ord. No. 4085
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN L FLYNN, the duly elected, qualified City Clerk of the City of
Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby
certify that the whole number of members of the City Council of the City of Huntington
Beach is seven, that the foregoing ordinance was read to said City Council at a Regular
meeting thereof held on May 2, 2016, and was again read to said City Council at a
Regular meeting thereof held on May 16,2016, and was passed and adopted by the
affirmative vote of at least a majority of all the members of said City Council
AYES: Posey, O'Connell, Sullivan, Katapodis, Hardy, Delgleize, Peterson
NOES: None
ABSENT: None
ABSTAIN: None
I,Joan L Flynn,CITY CLERK of the City of Huntington
Beach and ex-officio Clerk of the City Council,do hereby
certify that a synopsis of this ordinance has been published
in the Huntington Beach Wave on May 26,2016
In accordance with the City Charter of said City
Joan LJoan L Flynn, Ci Jerk and ex-officio Clerk
Senior Deputy of the City Council of the City
of Huntington Beach, California
LEGISLATIVE DRAFT
7.14.030 Definitions
For the purposes of this chapter only, the following words and terms shall be deemed to
mean and be construed as follows:
"Director of Community Services"means the Director of Community Services of
the City of Huntington Beach or his or her designee
"Display" means the use or exhibition of animals for educational purposes or to
groups of 20 or fewer persons.
"Domestic animal"means any animal that is livestock, a companion animal, or
both Livestock includes but is not limited to poultry, cattle, swine, sheep, goats and
horses Companion animal means any animal that is commonly kept by a person as a
pet or for companionship and includes but is not limited to domesticated dogs,
domesticated cats, ferrets, gerbils, guinea pigs, hamsters, horses,mice, rabbits and
rats
"Performance"means any act, circus, nde, trade show, carnival,parade, race, or
similar undertaking in which wild or exotic animals are required to perform tricks,
fight, used for photographs with members of the public, or participate as
accomplishments in performances for the entertainment, amusement or benefit of an
audience Performance shall not include the display of wild and exotic animals
"Person"means any individual, establishment, firm, association, organization,
partnership, trust, corporation or company
"Planning Director" shall mean the Planning Director of the City of Huntington
Beach or his or her designee.
"Wild and exotic animal"means any non-domestic animal and includes any or all
of the following orders and families, or similar orders and families whether bred in
the wild or to captivity, and any hybrid with domestic animals. The animals listed to
parentheses are intended as examples and are not to be construed as an exhaustive
list or limit the generality of each group of animals listed, unless otherwise
specified
1 Non-human primates and prosrmrans (chimpanzees, monkeys)
2 Feltdae (except domesticated cats).
3. Cantdae (except domesticated dogs)
4 Ursidae (bears).
5. Probosctdae (elephants).
6 Crocodiha(alligators, crocodiles)
7. Marsupials (kangaroos, opossums).
8 Repti is ovef ghl feet i length a d Snakes and reptiles of venermettsanv
variety
9. Perissodactyla(rhinoceroses, tapirs, but not horses or donkeys or mules)
16-5172/134148 1
10 Artiodactyla(hippopotamuses, giraffes, camels, but not cattle, swine,
sheep or goats)
11 Hyaemdae (hyenas).
12 Mustelidae (skunks, weasels, otters, badgers).
13 Procynomdae (raccoons, coatis)
14 Edentata (anteaters, sloths, armadillos)
15 Vivemdae (mongooses, civets, and genets).
16 Struthiomformes (ostriches).
17 Casuaniformes (emus). (3586-12/02)
16-5172/134148 2
Esparza, Patty
From: Gates, Michael
Sent: Tuesday, May 24, 2016 2:39 PM
To: Estanislau, Robin
Cc: Flynn, Joan; Esparza, Patty
Subject: RE: Typographical error in adopted Ordinance No. 4085
Yes, typo
Sent from my Smartphone
Michael E. Gates
CITY ATTORNEY
CITY OF HUNTINGTON BEACH
2000 Main St.,Fourth Floor
Huntington Beach, CA 92648
Ph: (714) 536-5538
-------- Original message --------
From: "Estanislau, Robin" <Robin.Estanislaugsurfcity-hb.org>
Date: 5/24/2016 2:37 PM (GMT-08:00)
To: "Gates, Michael" <Michael.Gates a,surfcity-hb.org>
Cc: "Flynn, Joan" <jflynngsurfcity-hb.org>, "Esparza, Patty" <PEsparza2csurfcity-hb.org>
Subject: Typographical error in adopted Ordinance No. 4085
Hi Michael,
i
We believe that an error exists in Ordinance No.4085 (attached). Is it meant to read"as accompaniments"rather than"as
accomplishments"? It was adopted on May 16--can the change be considered a typographical error that will not need to return to
Council? Please advise--thanks! /
Robin Estanislau,CMC
Assistant City Clerk
City of Huntington Beach
2000 Main Street
Huntington Beach CA 92648
(714)536-5405
Robin.Estanislau@surfcity-hb.or
i
an i �r