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HomeMy WebLinkAboutFile 1 of 3 (RCA Only ) No Action Taken on introduction of O t_Cav,gc rev /\/O /A)7R60 nod D,-- jj)1U eRAk,J 12111 D cJ/T A� Oe&A)*cam'`f7 Council/Agency Meeting Held Deferred/Continued to ❑ Approved ❑ Conditionally Approved XDenied Ity rk s gnatur Council Meeting Date 11/5/2007 Department ID Number PD 07-012 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO Honorable Mayor and City Couuncl Members SUBMITTED BY Pene)ope uICuIC reth-Graft DPA, City Administrator PREPARED BY Kenneth W Small Chief of Police SUBJECT Ordinance - Spay Neuter and Microchip Program for Dogs and Cats Statement of Issue Funding Source Recommended Action Alternative Action(s) Analysis Environmental Status Attachment(s) Statement of Issue In April 2007 the City Council passed an H-Item directing staff to research the costs and other issues associated with adopting a spay neuter and microchip ordinance similar to the one in Los Angeles County On September 4 2007 following a staff report the City Council directed staff to draft a Spay Neuter and Microchip Identification Ordinance The purpose of this ordinance would be to reduce uncontrolled breeding of dogs and cats in the City of Huntington Beach Additionally microchipping provides a reliable method to identify pets for a successful owner reunification process Fewer stray and abandoned dogs and cats can improve public safety and reduce the euthanasia of strays picked up in Huntington Beach by Orange County Animal Care Services (OCACS) Funding Source N/A Recommended Action Motion to Approve Ordinance No 3787 Alternative Action(s) Deny Ordinance No 3787 (12) November 5, 2007 -Council/Agency Agenda - Page 12 3 Add therapy dogs and delete competition dogs from exclusion of fees, by consensus -2b (City Council) Approve for Introduction Ordinance Nos 3789, 3790 and 3793/1/ A ending Various Chapters of the Huntington Beach Municipal Code (HBMC) to/ force 20 Construction Codes that Regulate the Health and Safety of the Structures' Huntington Bea and Meet Local Conditions in Addition to the State of California Buildi , Mechanical, Plum ng and Electrical Codes Which go Into Effect January 1, 2008, and, edule a Pubic earing for December 3, 2007 Communic tion submitted by the Director of Building and Safety transmittin the following Statement of ssue The 2007 const uction codes that regulate the health and safety of th structures in our community were adopted by he State of California on July 1 2007 State law andates that these codes be enforced starting nuary 1 2008 In order to amend the codes t meet our local conditions we are required to officially dopt the codes Companion codes and or nances used for the administration of the codes are also included 1 Recommended A eon After City Clerk reads by ti e Approve Introduction of Ordinance No 3789 A Ordinance of the City of Hunt gton Beach Amending Chapter 17 04 of the Huntington Beach Municip \Code Titled the Huntmgt n Beach Building Code by roll call vote and \ 2 Recommended Action A r City Clerk eads by title Approve Introduction of Ordinance No 3790 An Ordinan of the sty of Huntington Beach Amending the Huntington Beach Municipal Code Chapter 17 40— Hu ►igto Beach Mechanical Code Chapter 17 44— Huntington Beach Plumbing Code and Chapter 4 — Huntington Beach Electrical Code by roll call vote and 3 Recommended Action ;Aft r City Cle reads by title Approve Introduction of Ordinance No 3791 An Ordin nce of the Cit f Huntington Beach Amending Various Chapters of Title 17 of the Huntington Be h Municipal Code lating to Construction and Structures by roll call vote and 4 Direct that a ublic Hearing be set for the Adoption o rdinance No 3789 Ordinance No 3 0 and Ordinance No 3791 on December 2007 Approved 7- G-2c ( ety ouncel) Approve for Introduction Ordinance No 3 92 Amending the Redev' o ment Plan for the Huntington Beach Project Area (also nown as the Mer ed Project Area) to Extend by One Year the Plan Effectivenes Deadline, Piment of Indebtedness Deadline, and Tax Increment Receipt Pur ant to California State Legislature No SB 1045 Communication submitted by the Director of Economic Development transmitting the following REQUEST FOR CITY COUNCIL ACTION MEETING DATE 11/5/2007 DEPARTMENT ID NUMBER PD 07-012 Analysis Yearly thousands of unwanted animals enter the OCACS shelter In 2006-2007 OCACS impounded 10 121 stray dogs and 13 462 stray cats countywide Out of those impounded stray animals 3 872 dogs or 38% and 8 530 cats or 63% were euthanized In 2006- 2007 OCACS impounded 825 dogs and 763 cats in the City of Huntington Beach During that year 165 Huntington Beach dogs and 320 Huntington Beach cats were euthanized Animal welfare issues strike an emotional chord with a public that desires significant reductions in euthanasia rates Both the City of Huntington Beach and OCACS are committed to a pro-life pro-adoption philosophy within the context of an open-admission shelter Unfortunately there are not enough homes for the increasing number of dogs and cats born every year In order to achieve the goal of a significant decrease in euthanasia there must be a reduction in the number of dogs and cats entering the shelter system This ordinance supports a pro-life pro-adoption philosophy by reducing the number of dogs and cats born and/or running loose in Huntington Beach That reduction will in turn reduce euthanasia rates for Huntington Beach s animals If the proposed ordinance is adopted OCACS will provide the majority of the operational support associated with the program This program will require an amendment to the contract for services with OCACS as well as additional funding Increased costs associated with implementation of the program include public education website updates telephone calls preparation and processing of additional documents during licensing and an increase in OCACS costs for canvassing On September 4 the City Council motion directing staff to draft the ordinance included a funding level of$50 000 00 for implementation of the ordinance If council adopts the ordinance the specific implementation steps and related costs will be outlined for council when the OCACS contract is amended The staff report recommended a one-year education and grace' period before beginning enforcement of the ordinance If the ordinance is adopted on November 19 enforcement of the ordinance will begin on December 1 2008 The proposed ordinance has been modified in two ways since the staff presentation on September 4 The first modification was to make the ordinance consistent with current licensing requirements by OCACS and the second modification was made in response to public comments and concerns The two proposed modifications are 1 The age when spaying or neutering is required was changed from six months to four months This change makes the age consistent with the variable license fee charged by OCACS 2 A provision was added that allows residents who want to have an unaltered dog or cat to pay an additional fee even though they do not qualify for one of the exemptions contained in the ordinance This provision referred to as an unaltered animal fee is mentioned in section 7 10 010 The provision was added in response to many letters emails telephone calls and public comments from residents who 2 10/23/2007 7 56 AM REQUEST FOR CITY COUNCIL ACTION MEETING DATE 11/5/2007 DEPARTMENT ID NUMBER PD 07-012 stated they wanted this option If this provision is included in the ordinance it will be necessary to establish the fee by resolution at a future council meeting The proposed ordinance • Establishes a mandatory spay neuter and microchip identification program for dogs and cats 4 months of age or older unless the owner pays an unaltered animal fee Exceptions are provided when • A veterinarian determines the surgery is unsafe for the animal due to age or condition of the animal • The dog is used by a law enforcement agency for law enforcement purposes • The dog is used as a service animal to assist the disabled • The dog or cat is a competition animal (The definition and requirements for competition animals are described in section 7 10 020(d) of the proposed ordinance) • Establishes a microchip identification program for dogs and cats 4 months of age or older Strategic Plan Goal The proposed ordinance supports the following City of Huntington Beach Strategic Plan Goals Engaging the Community Education of the community regarding opportunities to become involved in reducing pet overpopulation City Services This proposed program would improve the level of service provided to the City of Huntington Beach by reducing the number of adoptable pets euthanized and the number of pets picked up as strays by OCACS In addition positive identification of animals through microchipping will help to ensure that more pets are returned to their owners Environmental Status N/A Attachment( City clow's, o , Des pription 1 Ordinance No 3787 3 10/23/2007 8 08 AM ATTACHMENT # 1 ORDINANCE NO 3787 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING TITLE 7 OF THE HUNTINGTON BEACH MUNIC PAL CODE BY ADDING CHAPTER 7 10 RELATING TO SPAY,NEUTER AND MICROCHIP FOR DOGS AND CATS The City Council of the City of Huntington Beach does hereby ordain as follows SECTION 1 Title 7 of the Huntington Beach Mun1clpal Code 1s hereby amended by adding Chapter 7 10, said chapter to read as follows Chapter 7 10 ° SPAY,NEUTER, ANDfiMICROCHIP PROGRAM FOR DOGS AND CATS Sections AC70K 7 10 010 Spay and neutering of dogs and cats 7 10 020 Unaltered dog or cat requirements 7 20 030 Proof of Exemption 'TAXEM 7 10 040 Microchip identification of dogs and cats 7 10 010 Spay and neutering of dogs and cats No person may own, keep, or harbor a dog or cat over the age of four months in violation of this section unless such person pays an unaltered animal fee as set Zorth by resolution of the City Council or qualifies for an exemption under Section 7,i10 020 of this chapter 7 10 020 Unaltered dog or cat requirements An owner or custodian of an unaltered dog or cat over the age of4our months must demonstrate the animal is exempt from spay or neuter by one or all of the following conditions (a) A veterinarian determines the surgery is unsafe due to age or condition of the animal 7 (b) The animal is a law enforcement dog and is used by a law enforcement agency for law enforcement purposes (c) The animal is a service dog that assists the disabled (d) The animal is a"competition"dog or cat 07 1251/14319 1 Ordinance No 3787 1 The exemption of competition animals allows legitima e dog or cat breeders the opportunity to continue that activity A competition' animal is a dog or cat which is used to show, compete or breed and which is recognized by and registered with an approved dog or cat�breed registry 1 2 In addition the owner of a competition animal must`comply with one of the following i Compete in at least one sanctioned dog or cat show or sporting competition every two years, 11 Earn a title in their area of competition from a sanctioning dog or cat registry, iu Be a member of a purebred dog or cat breed club representing their animal's specific breed The club must be approved by OCACS which maintains and enforces a code of ethics for animal breeding 7 10 030 Proof of Exemption When licensing a dorg or cat that has not been altered, a Huntington Beach resident shall provide proof of an exemption The following documents will be considered as support to a waiver of the requirement to alter a pet (a) A signed letter from a veterinarian verifying and providing medical support for claims that altering would put the animal at significant physical risk, (b) Verification of law enforcement status from the law enforcement unit employing the animal (c) A certification from a qualified training organization verifying that the animal has been trained and is employed s a service animal IX (d) Proof of participation in a sanctioned dog or cat show or sporting competition (e g receipt for entry fee, certificate indicating participation proof of title earned as a result of competition, et), I (e) Proof of the owner s membership in an OCACS-approved purebred dog or cat club representing the breed of the dog or cat to be licensed 7 10 040 Microchip id4ntification of dogs and cats The purpose of requiring microchipping is to provide a reliable method of identifying pets for a successful owner reunification process ,# No person may own Aeep, or harbor a dog or cat over the age of four months that does not have a microchip identification device The owner or custodian of a dog or cat must provide appropriate documentation of microchipping upon the request the City or its designee Exceptions will be considered when there exists a signed letter from a veterinarian verifying and providing medical support for claims that implanting a microchip wouldput the animal at significant physical risk MM 07 1251/14319(2) 2 MO ACT 7AKEM Ordinance No 3787 SECTION 2 This ordinance shall become effective 30 days after its adoption PASSED AND ADOPTED by the City Council of the City of Wintmgton Beach at a regular meeting thereof held on the day of , 200 Mayor ATTEST INIT D D APPROVED City Clerk Police Chief REVIEWED AND APPROVED APPROVED AS TO FORM City Aafninistrator City Attorney 0 ACu, 7 Q®H s 07 1251/14319(2) 3 A ROUTING SHEET INITIATING DEPARTMENT POLICE SUBJECT Ordinance - Spay, Neuter and Microchip Program for Dogs and Cats COUNCIL MEETING DATE November 5 2007 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached Not Applicable ❑ Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map Location Map and/or other Exhibits Attached ❑ Not Applicable Contract/Agreement (w/exhibits if applicable) Attached ❑ (Signed in full by the City Attorney) Not Applicable Subleases Third Party Agreements etc Attached ❑ (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached ❑ Not Applicable Fiscal Impact Statement (Unbudgeted over $5 000) Attached ❑ Not Applicable Bonds (If applicable) Attached ❑ Not Applicable Staff Report (If applicable) Attached ❑ Not Applicable Commission Board or Committee Report (If applicable) Attached ❑ Not Applicable Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable EXPLANATION FOR POSSON0 ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff ( ) ( ) Deputy City Administrator (Initial) City Administrator (Initial) ( ) ( ) City Clerk ( ) EXPLANATION FOR RETURN OF ITEM GnW RCA Author Lt Tom Donnelly, Police Department (11) November 5, 2007 -Council/Agency Agenda - Page 11 E-9 (City Council) Approve Pacific City's Water Quality Management Plan (WQMP) Submitted by the Developer, Makallon Atlanta Huntington Beach, LLC, and Authorize the Director of Public Works to Accept Future Addendums to the WQMP Prior to Issuance of Precise Grading Permits for Each Subsequent Phase of this Project — 1)Approve Pacific City s Water Quality Management Plan and 2)Authorize the Director of Public Works to accept future addendums to the Water Quality Management Plan prior to issuance of Precise Grading Permits for each subsequent phase of the project Submitted by the Acting Director of Public Works Engineering Funding Source Not applicable Approved 7-0 G Ordinances G 2 Ordinances for Introduction G 2a (City Council) Approve for Introduction Ordinance No 3787 Amending Title 7 of the Huntington Beach Municipal Code (HBMC) by Adding Chapter 7 10 Relating to a Spay, Neuter and Microchip Identification Program for Dogs and Cats Communication submitted by the Chief of Police transmitting the following Statement of Issue In April 2007 the City Council passed an H-Item directing staff to research the costs and other issues associated with adopting a spay neuter and microchip ordinance similar to the one in Los Angeles County On September 4 2007 following a staff report the City council directed staff to draft a Spay Neuter and Microchip Identification Ordinance The purpose of this ordinance would be to reduce uncontrolled breeding of dogs and cats in the City of Huntington Beach Additionally microchipping provides a reliable method to identify pets for a successful owner reunification process Fewer stray and abandoned dogs and cats can improve public safety and reduce the euthanasia of strays picked up in Huntington Beach by Orange County Animal Care Services (OCACS) Recommended Action After City Clerk reads by title Approve Introduction of Ordinance No 3787, An Ordinance of the City of Huntington Beach Amending Title 7 of the Huntington Beach Municipal Code by Adding Chapter 7 10 Relating to Spay Neuter and Microchip for Dogs and Cats by roll call vote ✓No introduction of this ordinance, returned to City Attorney for revisions and re- introduction to City Council on 12/17/07 for I"reading Straw vote taken for direction to City Attorney 1 Keep cats in ordinance and create a fee structure incentive program for spay, neutering, and microchipping of dogs and cats, Approved 4-3(Carchio, Hansen, Hardy No) 2 HB business license must be listed in advertisements for pets for sale and change spay/neuter age from 4 months to 6 months, Approved 7-0