HomeMy WebLinkAboutOrdinance No 3508 - Amends HBMC Chapter 7.12 Pertaining to M 5�
Council/Agency Meeting Held:
Deferred/Continued to:
Approved ❑ Cond'tionall Approved ❑ D Hied R Cq Clerk' ignature
Council Meeting Date: September 17, 2001 Department ID Number: CS01-062
el—aI ° - - ' — �'
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION .
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS 6
SUBMITTED BY: RAY SILVER, City AdministratordW n C:)
-d = ^C
PREPARED BY: RON HAGAN, Director, Community Services c,,
-0 a
SUBJECT: Adopt Ordinance Amending the Huntington Beach Municipal code by
Amending Chapter 7.12 Pertaining to Miscellaneous Animal Care and
Control
F
tement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachments►
Statement of Issue: There is a need to amend Chapter 7.12 of the Huntington Beach
Municipal Code (HBMC) by adopting an ordinance to place limits on the number of dogs an
individual can bring into Dog Park within Huntington Central Park.
Funding Source: N/A
Recommended Action: Motion to:
Adopt Ordinance No. 355e(f amending the HBMC by amending Chapter 7.12
thereof pertaining to Miscellaneous Animal Care and Control by limiting the number of
dogs one person can bring into Dog Park to no more than three.
Alternative Action(s):
(1) Do not amend HBMC Chapter 7.12 pertaining to Miscellaneous Animal Care and Control,
or
(2) Set the maximum number of dogs at a limit other than three dogs.
Analysis: The Dog Park in Huntington Central Park has operated as an enclosed "off-leash"
facility for dogs since 1995. Visitors to the facility must adhere to existing laws and keep their
dogs leashed until they are within the enclosed area of Dog Park. Members of the Best
Friend Dog Park Foundation have enforced rules and regulations within Dog Park by asking
for voluntary compliance. Until recently, there has not been a limit to the number of dogs one
person can bring into Dog Park. However, the Foundation has currently implemented limits
on the number of dogs one person can bring into Dog Park over concerns of a lack of safety
and noise expressed by some park users.
7.12.110 Fowl and rabbits--At large. It is a nuisance and no person shall suffer or permit any
chickens, geese, ducks, turkeys, pheasants, doves, pigeons, squabs or similar fowl or rabbits,
owned or controlled by him or it, to run or fly at large or go upon the premises of any other
person in the City. (27-11/09,885-2/62, 1279-2/67, 1905-4/74, 1835-5/73,Urg.2084-6/76)
7.12.120 Fowl and rabbits--Keeping.restrictions. It is a nuisance and no person shall keep
chickens, geese, ducks, turkeys,pheasants, doves, pigeons, squabs or similar fowl or rabbits,
owned or controlled by him or it, within fifty(50) feet of any street line or within twenty(20)
feet of any property line, or within one hundred (100) feet of any dwelling house or structure
used as a dwelling, church, school, hospital or place where food products are kept, stored,
manufactured or served to the public, unless such house or structure be occupied by him or it, or
to keep any rooster over four(4)months old in the City limits. (27-11/09,66-9/10,885-2/62, 1279-2/67,
1835-5/73, 1905-4/74,Urg.2084-6/76)
7.12.130 Fowl--Number permitted. No person shall keep or maintain in the City more than ten
(10) in all of chickens, geese, ducks, turkeys, pheasants, doves, pigeons, squabs or similar fowl;
and keeping or maintaining more than ten (10) fowl shall be presumptive evidence of a public
nuisance. The presumption created by this section is a rebuttable presumption affecting the
burden of proof. (66-9/10,885-2/62, 1279-2/67, 1905-4/74,Urg.2084-6/76)
7.12.140 Monkeys and chimpanzees to be secured.
(a) No person owning or having control of any monkey, ape, chimpanzee or other animal of
the monkey type, shall permit, allow or suffer such animal to run at large within the City
or permit, allow or suffer such animal to be or go upon any street or public place within
the City without having such animal securely fastened by an adequate chain or rope,
firmly held by or attached to a competent person.
(b) Such animal shall be deemed and considered as running at large, within the meaning of
the expression as herein used, when not confined in an enclosure or when not securely
tied or chained. (885-2/62, 1279-2/67, 1352-11/67, 1835-5/73, 1857-8/73, 1905-4/74, Urg.2084-6/76)
7.12.150 Kennels.
(a) "Kennel" means any property where four(4) or more dogs, or four(4) or more cats, over
the age of four(4) months, are kept or maintained for any purpose, except veterinary
clinics and hospitals.
(b) No person shall keep or maintain, or suffer or permit to be kept or maintained, upon
premises owned or controlled by him in the City, any kennel within two hundred (200)
feet of any dwelling house except the dwelling house of the person in control of such
kennel.
(c) Any person, firm or corporation which conducts a kennel operated or carried on primarily
for financial gain shall obtain a business license pursuant to Title 5 of this code.(1279-2/67,
1905-4/74,2095-9/76)
legis drft/mc0712/8/16/01 4
7.12.160 Residential Animal Permit.
(a) A residential animal permit shall be required for the keeping of one goose, rabbit,
miniature pot-bellied pig, or duck subject to the review and approval of the Director of
Community Development. "Miniature pot-bellied pig" means any pig weighing not more
than 125 pounds that is continuously registered with a nationally recognized miniature
pig association. All miniature pot=bellied•pigs kept pursuant to a residential animal permit
shall be spayed or neutered; proof of sterilization shall be presented to the Director of
Community Development prior to the issuance of a residential animal permit. (2936-4/88,
3169-9/92)
(b) At the time the application is made for a residential animal permit, the applicant shall pay
a fee established by resolution of the City Council. (2936-4/88)
(c) Premises shall be kept clean and free of all matter which may create odors or attract
rodents. (2936-4/88)
(d) The animal shall comply with all applicable sections-of Chapter 8.40;Noise Control of
the Municipal Code. (2936-4/88)
(e) The Director of Community Development may impose conditions of approval in addition
to the above. (2936-4/88)
(f) The applicant shall be required to sign an affidavit that he/she understands all of the
conditions of approval for the residential animal permit at the time the permit is issued.
(2936-4/88)
(g) Any authorized City employee may inspect the premises for which an application has
been granted for a residential animal permit. (2936-4/88)
(h) A violation of any of the above conditions of approval shall be cause for revocation of the
residential animal permit. (2936-4/88)
(i) Prior to issuance of a residential animal permit, notices shall be sent to all abutting
property owners and tenants notifying them of the pending application for said permit.
(2936-4/88)
7.12.170 Dogs--Number Permitted - Dog Park.
No person having control of more than three dogs simultaneously shall permit
or allow such to be or go upon the area dedicated exclusively by the
Huntington Beach Central Park Master Plan for use by dog owners with pets,
commonly known as Dog Park.
7.12.290 Enforcement. The Community Development Director and his designees are hereby
authorized and directed to enforce the provisions of this chapter. (2547-5/82)
legis drf/mc071219/5/01 5
7.12.300 Penalty. A violation of any of the sections in this chapter is an infraction and, upon
conviction thereof, shall be punished by a fine not to exceed one hundred dollars ($100). (2095-
9/76)
legis drft/mc07I2/8/16/01 6
RCA ROUTING AEET
INITIATING DEPARTMENT: Community Services
SUBJECT: Adopt Ordinance Amending the Huntington Beach Municipal
code by Amending Chapter 7.12 Pertaining to
Miscellaneous Animal Care and Control
COUNCIL MEETING DATE: September 17, 2001
RCA ATTACHMENTS STATUS
Ordinance (w/exhibits & legislative draft if applicable) Attached
Resolution (w/exhibits & legislative draft if applicable) Not Applicable
Tract Map, Location Map and/or other Exhibits Not Applicable
Contract/Agreement (w/exhibits if applicable)
(Signed in full by the City Attorney) Not Applicable
Subleases, Third Party Agreements, etc.
(Approved as to form by City Attorney) Not Applicable
Certificates of Insurance (Approved by the City Attorney) Not Applicable
Financial Impact Statement (Unbudget, over $5,000) Not Applicable
Bonds (If applicable) Not Applicable
Staff Report (If applicable) Not Applicable
Commission, Board or Committee Report (If applicable) Not Applicable
Findings/Conditions for Approval and/or Denial Not Applicable
EXPLANATION FOR MISSING ATTACHMENTS
REVIEWED RETURNED FORWARDED
Administrative Staff ( ) ( fly )
Assistant City Administrator (Initial) ( ) ( )
City Administrator(Initial) ( ) ( IVv- )
City Clerk
EXPLANATION FOR RETURN OF ITEM:
Only)(Below Space For City Clerk's Use
RCA Author: Dave Dominguez
REQUEST FOR COUNCIL ACTIN
MEETING DATE: September 17, 2001 DEPARTMENT ID NUMBER: CS01-062
Dog Park has become more popular and is frequently visited by professional dog sitters and
individuals bringing multiple numbers of dogs - up to as many as six or more. As a result,
complaints have been received from Dog Park users concerned over the safety of their pets.
Since Dog Park is an "off-leash" facility, it is often difficult for one person to monitor the
interactions of multiple numbers of dogs. Community Services staff surveyed other dog park
facilities in the area and of those that responded, all place limits on the number of dogs per
individual with the average number being three. J
There has also been concern expressed by some members of the public regarding noise
from groups of dogs being lead from the parking lot to Dog Park. Setting a limit of three dogs
per person will greatly help to curb this noise.
An ordinance is necessary to enable legal enforcement on the limits of dogs. Therefore, in
order to enhance the safety of all users of this public facility and reduce noise levels, staff is
recommending that the City Council adopt Ordinance No. 5s-48 limiting the number of
dogs one person can bring into Dog Park to no more than three. The Community Services
Commission voted in favor of this limitation of three dogs per person at its July 11, 2001
meeting.
Environmental Status: N/A
Attachment(s):
City Clerk's
Page Number No. Description
1. Ordinance Amending Chapter 7.12 01'd• A✓0 3-r)0 S
2. Legislative Draft Chapter 7.12
RCA Author: Dave Dominguez
01-062 Dog Park Number of Dogs to Three -2. 9/6/01 4:18 PM
ATTACHMENT # 1
ORDINANCE NO. 3508
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 7.12 OF THE HUNTINGTON BEACH MUNICIPAL
CODE LIMITING THE NUMBER OF DOGS ALLOWED
ON DOG PARK
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. The Huntington Beach Municipal Code is hereby amended by adding
Section+7.12.170, said section to read as follows:
7.12.170 Dogs--Number Permitted -- Dog Park.
No person having control of more than three dogs simultaneously shall permit or allow such to
be or go upon the area dedicated exclusively by the Huntington Beach Central Park Master Plan
for use by dog owners with pets, commonly known as Dog Park.
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 1st day of October , 2001.
Mayo
ATTEST: APPROVED AS TO FORM:
City Clerk to-04—OfGr! City Attorney A
REVIEWED AND APPROVED: INITIATED APPROVED:
,cza� 49;� ��
City Administrator Director of Co unity Services
01ord/mc17-12 ord/9/5/01
Ord. No. 3508
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, CONNIE BROCKWAY, 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 the 17th day of September, 2001, and was again read
to said City Council at a regular meeting thereof held on the 1st day of October, 2001,
and was passed and adopted by the affirmative vote of at least a majority of all the
members of said City Council.
AYES: Green, Boardman, Cook, Julien Houchen, Dettloff, Bauer
NOES: None
ABSENT: Garofalo
ABSTAIN: None
I,Connie Brockway CITY CLERK of the City of
Huntington Beach and ex-off icio Clerk of the City
Council,do hereby certify that a synopsis of this
ordinance has been published in the Independent on
,2001
In accordance with the City Charter of said City City Clerk and ex-officio Clerk
Connie Brockway, City Clerk of the City Council of the City
Dewty City C1erk of Huntington Beach, California
g:/ordinanc/ordbkpg2001.doc
ATTACHMENT #2
Ordinance No.
LEGISLATIVE DRAFT 3��g
Chapter 7.12
MISCELLANEOUS ANIMAL CARE AND CONTROL
(271-1/09, 66-9/10, 885-2/62, 1279-2/67, 1352-11/67, 1835-5/73,1857-8/73, 1905-4/74, 1910-6/74,2067-5/76,Urg.
2084-6/76,2095-9/76,2547-5/82,2936-4/88,3169-9/92)
Sections:
7.12.010 Bees
7.12.020 Running at large prohibited
7.12.030 Animal premises kept clean
7.12.040 Keeping animals near inhabited structures
7.12.050 Animals prohibited in food-handling premises
7.12.060 Dead--Carcass disposal
7.12.070 Noisy animals
7.12.080 Goats
7.12.090 Horses
7.12.100 Cattle and hogs
7.12.110 Fowl and rabbits--At large
7.12.120 Fowl and rabbits--Keeping restrictions
7.12.130 Fowl--Number permitted
7.12.140 Monkeys and chimpanzees to be secured
7.12.150 Kennels
7.12.160 Residential Animal Permit
7.12.170 Dogs--Number Permitted -- Dog Park.
7.12.290 Enforcement
7.12.300 Penalty
7.12.010 Bees. No person shall keep or maintain, or suffer or permit to be kept or maintained,
upon premises owned or controlled by him in the City, any hive bees within two hundred (200)
feet of any dwelling house of the owner or person in control of such bees. This section shall not
apply to the keeping of bees within an educational institution for study or observation, or within
a physician's office or laboratory for medical research, treatment, or other scientific purposes,
provided they are not permitted to fly at large. (885-2/62, 1279-2/67, 1905-4/74,Urg 2067-5/76,2095-9/76)
7.12.020 Runningat large prohibited.
(a) No person owning or having control of any ox, steer, bull, cow, horse, colt, calf, sheep,
goat, cat or any animal of a species commonly referred to as wild shall:
(1) Permit such animal to run at large in the City;
legis drfdmc0712/9/5/01 1
(2) Cause or permit any such animal to be pastured, herded, staked or tied in any
street, lane, alley, park, or other public place;
(3) Tie, stake, pasture or permit the tying, staking or pasturing of any such animal
upon any private property within the limits of the City, without the consent of the
owner or occupant of such property, or in such a way as to permit any animal to
trespass upon any street or public place or upon any such private property;
(4) Permit any of said animals 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, or by securely
fastening such animal by means of a rope, or chain of sufficient size, strength, and
weight to effectively restrain such animal; or
(5) Fail to provide the necessary sustenance, drink, shelter or protection from the
weather, or otherwise.
(b) No person owning or having charge, custody, control or possession of any animal or
reptile known by such person to be vicious or dangerous, or commonly so known, or
owning or having charge, custody, or possession of any elephant, bear, hippopotamus,
rhinoceros, lion, tiger, leopard, wolf, monkey, ape, chimpanzee, bobcat, lynx, wildcat,
puma, cheetah or any animal of a species commonly referred to as wild or any poisonous
reptile, shall permit or allow the same to be at large upon any highway, street, lane, alley,
court or other public place or upon any private property other than within the enclosed
premises of such person. (1279-2/67, 1352-11/67, 1835-5/73, 1905-4/74, 1910-6/74,Urg.2084-6/76)
7.12.030 Animal premises kept clean. Every person owning or occupying premises where any
animal, fowl or bird is kept shall keep the stable, barn, stall, pen, coop,building or place in
which the animal is kept in a clean and sanitary condition.(885-2/62, 1279-2/67,Urg.2084-6/76)
7.12.040 Keeping animals near inhabited structures. No person shall keep any animal, fowl or
bird, wild or domestic, other than dogs, cats, canaries, or birds of the psittacinae family, within
fifty(50) feet of any inhabited structure, school or hospital provided, however, that when any
person keeps more than four(4) birds of the psittacinae family, he shall keep such birds at least
thirty-five (35) feet from any of said structures. (885-2/62, 1279-2/67, 1905-4/74,Urg.2084-6/76)
7.12.050 Animals prohibited in food-handling_premises. No person shall bring any dog, cat or
other live animal, or permit any dog, cat or other live animal to be brought into or to remain in
any room or place, other than a private home where food is not handled for commercial
purposes, in which meat, fish, game, poultry, fruit, vegetables, bakery goods or any other food or
fopd product is stored, kept, held, prepared, exposed or offered for sale, or sold for human
consumption; or permit any dog, cat or other live animal to ride upon or get into or upon any
wagon, or other vehicle in which any such articles offered or to be offered for sale for human
consumption are being kept or transported; provided, however, that the provisions of this section
shall not apply to a dog trained to guide the blind. (1279-2/67, 1905-4/74,2095-9/76 Urg.2084-6/76)
7.12.060 Dead--Carcass disposal. It is declared to be a nuisance and no person shall cause, suffer
or permit the carcass of any animal to remain upon any lot, premises or place owned, controlled
or occupied by him or it for a period of more than twenty-four(24)hours, or to bury the carcass
legis drft/mc0712/8/16/01 2
of any animal upon the premises owned, controlled or occupied by him or it in the City. (885-2/62,
1279-2/67,Urg.2084-6/76)
7.12.070 Noisy animals. It is a nuisance, and no person shall keep,maintain or permit upon any
lot or parcel of land within the City under his control, any animal or animals, including any fowl,
which by any sound or cry, shall interfere with the comfortable enjoyment of life or property by
an entire community or neighborhood, or by.any considerable number of persons. (I279-2/67, 1905-
4/74,Urg.2084-6/76)
7.12.080 Goats.
(a) It is a nuisance and no person shall keep or maintain any goat within fifty(50) feet of any
dwelling house other than that occupied by him or it, or more than two (2) goats within
one hundred (100) feet of any dwelling house other than that occupied by him or it, or
more than four(4) goats within three hundred (300) feet of any dwelling house other than
that occupied by him or it, or more than five (5) goats within one thousand (1000) feet of
any dwelling house other than that occupied by him or it.
(b) No person shall keep or maintain any male goat exceeding the age of six (6) months
within the limits of the City.(885-2/62, 1279-2/67, 1905-4/74,Urg.2084-6/76)
7.12.090 Horses.
(a) It is declared to be a nuisance and no person shall stable or corral any horse or horses
within fifty(50) feet of any street line.
(b) It is declared to be a nuisance and no person shall stable or corral any horse or mule
within fifty(50) feet of any dwelling house other than occupied by him or them, or to
stable more than two horses or mules within one hundred (100) feet of any dwelling
house other than that occupied by him or them.
(c) No person, firm or corporation shall keep or stable any burro or burros, or donkey or
donkeys, within one hundred (100) feet of any dwelling house other than that occupied
by him or it.
(d) Street line. For the purposes of this chapter, "street line" means the nearest edge of any
sidewalk and, if there is no sidewalk, the nearest edge of any curb, and if there is no
sidewalk or curb, the nearest edge of the improved portion of the public right-of-way.
(885-2/62, 1279-2/67, 1352-11/67, 1905-4/74,Urg.2084-6/76)
7.12.100 Cattle and hogs. It is a nuisance and no person shall keep or maintain in the City cattle
or hogs at or upon premises owned, occupied or controlled by him within three hundred (300)
feet of any dwelling other than occupied by him; or to keep or maintain any cattle within three
hundred (300) feet of any school or hospital, or within one hundred (100) feet of any street line,
except as otherwise provided in this Chapter.(66-9/10,885-2/62, 1279-2/67, 1835-5/73, 1905-4/74,Urg.2084-
6/76,3169-9/92)
legis drft/mc0712/8/16/01 3