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Moorpark City Council
AGENDA REPORT
TO: The Honorable City Council
FROM: John Brand, Senior Management Analyst
DATE: January 28, 2003 (CC meeting of February 5, 2003)
SUBJECT: Consider Ordinance Amending Title 6 Animal Control,
Chapter 6, to Require Persons Walking a Dog on Public
Property to Carry a Container or Instrument to Remove and
Dispose of Dog Feces and to Reflect the Authority of City
Staff to Enforce Certain Provisions of the Moorpark
Municipal Code and State Statutes.
SUMMARY
If approved, the ordinance amends the Municipal Code to complete
implementation the City's enforcement authority and adds a
provision requiring persons walking dogs to carry a container or
instrument to remove dog feces, which is commonly called a "pooper-
scooper" law.
BACKGROUND
On June 20, 2001, the City Council authorized the assumption of
certain animal control services by City forces. These services and
responsibilities were given to the Vector Control Division, which
became the Animal- Vector Control Division. Animal and vector
control functions are services that usually include enforcement
tools including the ability to write citations for certain
offenses.
For the past eighteen months, the Animal /Vector Control staff has
been providing information and service in both areas without
enforcement authority. To give enforcement authority to City staff,
it is necessary to update the City Animal Control Ordinance,
Section 6. As it now reads, this ordinance is a copy of the Ventura
County Animal Regulation Ordinance. If approved, the ordinance as
amended means that the Council could adopt a resolution (at the
time of the second reading) authorizing specified job
000055
Animal- Vector Enforcement
CC Meeting of February 5, 2003
Page 2
classifications to enforce the code. At the current time, only
County Animal Regulation staff can write citations. City
Animal /Vector Control staff would receive direction from the City
Manager to enforce applicable sections of statute and the Municipal
Code regarding animal regulation. When the process is completed,
this authority provides the ability to issue citations similar to
the City's parking enforcement and code enforcement staff. It would
not include the ability to make a custodial arrest. Animal /Vector
Control staff has completed a basic criminal justice course and
specialized training for animal control officers.
Additionally, the proposed ordinance (option "A ") adds a provision
to the Code to require a person walking a dog on public property to
carry a container or instrument ( pooper- scooper) to remove and
dispose of dog feces. This is a supplement to the existing
ordinance, which requires a person to immediately pick up and
dispose of dog feces. The difference is that under the existing
Code, Animal /Vector Control officers would have to witness a person
in the act of not picking up after their dog to cite the person.
With the proposed requirement to carry a container or instrument by
persons walking a dog, it is more likely that dog owners will take
proper responsibility for their pets. The direction to staff would
be to enforce this provision on a complaint basis.
Staff surveyed twenty eight (28) agencies, and found that the
ordinances of thirteen (13) cities and two (2) counties have
provisions that require persons walking a dog to carry a wrapper or
container. Among the local agencies surveyed that have this
provision are the cities of Thousand Oaks, Malibu, Calabasas, Los
Angeles County and Ventura County. However, it should be stated
that Ventura County does not enforce its provision. Since this
provision is not widely used, staff recognizes that Council may
wish to proceed with the updates to the ordinance without the
provision to carry a wrapper of container. The attached option "B"
ordinance does not have the new provision to carry a wrapper or
container (section 6.08.090.C), but it includes all of the other
updates to the ordinance proposed in the Option "A" ordinance.
After consideration, Council may introduce either version of the
ordinance for first reading, or decline to proceed with an update
of the animal control ordinance at this time.
The advantage of Option "A" is that it gives duly authorized staff
a tool for enforcement when dog owners act irresponsibly. For
example, staff might use this provision to follow up on complaints
000056
Animal- Vector Enforcement
CC Meeting of February 5, 2003
Page 3
from a resident that a neighbor's dog had fouled their lawn.
Without witnessing the offense, a citation cannot be issued.
However, the wrapper requirement may enable duly authorized staff
to cite the offending dog walker if they do not have a wrapper. A
disadvantage of Option "A" is that dog walkers could feel that they
are being harassed if they are confronted without cause and asked
to produce a wrapper or container. However, it is not staff's
intent to use the provision unless there is a complaint or habitual
problem.
If approved for first reading, the ordinance selected would come
back to Council for a second reading and the ordinance would become
effective thirty days after the second reading. Council will be
asked to consider a resolution at that time authorizing specified
staff to enforce specified sections of the Municipal Code and
relevant statues.
The affected sections of the ordinance are shown in their entirety
in legislative format with the new language highlighted by'italics
and underline.
STAFF RECOMMENDATION
1. Introduce Ordinance No. (Option "A ") for first reading
and waive full reading of the ordinance.
000057
Option "A"
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF MOORPARK,
CALIFORNIA, AMENDING TITLE 6, ANIMALS, CHAPTER
6.04 GENERAL PROVISIONS, AND CHAPTER 6.08
ANIMAL CONTROL, TO ALLOW DESIGNATED CITY STAFF
TO ENFORCE THESE CHAPTERS, AND TO REQUIRE
PERSONS WALKING A DOG ON PUBLIC PROPERTY TO
CARRY A CONTAINER OR INSTRUMENT TO REMOVE AND
DISPOSE OF DOG FECES
WHEREAS, the City Council determined that it is necessary
to provide for animal control in the City to protect public
health, property and the quality of life for the community; and
WHEREAS, on June 20, 2000, the City Council determined that
certain City staff shall provide animal control services in the
City, in addition to, and in lieu of, animal control services
provided by the county of Ventura Animal Control Department.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES ORDAIN AS FOLLOWS:
SECTION 1. Chapter 6.04.010 is hereby amended in its
entirety to read as follows:
Section 6.04.010 Definitions.
For the purposes of this chapter, unless the context
otherwise requires:
The terms "animal regulation eentre= department" and
"department of animal regulation ^^� =" mean the animal
regulation department eenel seeti-en ef-the envirenffiental
health divisien e€— the — envirenmental reseu ,
and /or the City Animal /Vector Control Division, as
designated by the City Manager.
The term "animal pound" means any dog pound, animal
shelter, temporary animal pound, or pound vehicle owned or
operated by the City, the eeuntc • cf Ventura County, or any
other entity on behalf of the City, or under contract to
the Ci ty.
000058
Ordinance No. Option "A"
Animal Control Chapter 6
Page 2
The term "county.health officer" means the Ventura County
health officer and any duly appointed deputy thereof.
The terms "director of the animal regulation eentrel
department" and "poundmaster" means the person Lr- nei =l
sanitarian in charge of the animal regulation department
cvicre r scztte=�r - e ei= ir6zceicuz-�eal - E�3i�ro�- 0� zt
zzc
env re men}lessiciree —ate of the county of Ventura and
any duly appointed deputy of the director of the animal
regulation department, and the City Manager, and any duly
authorized job classification of city officers and
employees or other person designated by resolution of the
City Council to exercise duties and authority of the
poundmaster.
A person "harbors" a dog when he feeds or shelters the dog
for a period of thirty days or longer.
The term "livestock" includes horses, ponies, mules,
burros, jacks and jennies, cows, bulls, calves, heifers,
sheep, goats, swine, hogs, pigs, and all other domestic or
domesticated animals other than household pets.
A person is the "owner" of an animal when he has either
legal title to the animal or has the legal right of custody
of the animal.
A dog "runs at large" when it is upon private property
without the permission of the person owning or occupying
the property, or when it is upon public property and is not
upon a leash.
Livestock "runs at large" when upon livestock property
without the permission of the person owning or occupying
the property, or when upon public property and not under
the immediate control of a responsible person capable of
controlling such animal.
The term "tax collector" means the Ventura County tax
collector and any duly appointed deputy thereof. (Ord. 6 §
5 (part) , 1985) .
000059
Ordinance No.
Animal Control Chapter 6
Page 3
Option "A"
SECTION 2. Chapter 6.08.030 is hereby amended in its
entirety to read as follows:
Section 6.08.030 Leash Requirements.
It is unlawful for any person e aaffei —e
ewnd- harFer ed er eentrelled by hifR te be who has the
charge or control of a dog to be in a location other than
on the property of such person or the property of the owner
of the dog including on any public street, alley, lane,
park or place of whatever nature open to and used by the
public, in the City
unless such dog is securely leashed and the leash is no
longer than eight feet and held continuously in the hands
of a responsible person capable of controlling such dog, or
unless the dog is securely confined in a vehicle. It is
unlawful for any person to suffer or permit any dog owned,
harbored or controlled by him to be on any private property
in the City anineer-peEa rea of t- ire - eeunty without the
permission of the person owning or occupying said private
property. Every person who violates any of the provisions
of this section is guilty of an infraction.
SECTION 3. Chapter 6.08.060 is hereby amended in its
entirety to read as follows:
Section 6.08.060 Authority to inspect animals or
licenses.
Any person who has an animal in this possession,
custody or control who willfully or maliciously fails or
refuses to exhibit such animal or any license therefor for
inspection upon demand by the poundmaster or any peace
officer, or duly authorized City employee is guilty of a
misdemeanor /infraction.
SECTION 4. Chapter 6.08.070 is hereby amended in its
entirety to read as follows:
Section 6.08.070 Noisy Animals.
Any person who keeps or permits to remain upon any property
in the City under his
ownership or control, other than in an appropriately zoned
006060
Ordinance No. Option "A"
Animal Control Chapter 6
Page 4
and licensed kennel or animal hospital, any dog or other
animal which by continuous barking, whining or other noise
unreasonably disturbs the peace, comfort or quiet of any
resident of the neighborhood shall be guilty of a
misdemeanor /infraction.
SECTION 5. Chapter 6.08.090 is hereby amended in its
entirety to read as follows:
Section 6.08.090 Dog defecation - Removal.
A. It is unlawful for the owner or person having custody
of any dog to suffer, permit, or allow such dog to
defecate on any private property in the City without
the consent of the owner or person in lawful
possession of the property or on any public property
in the City.
B. It is unlawful for the owner or person having custody
of any dog that defecates on any private property in
the City without the consent of the owner or person in
lawful possession of the property or on any public
property in the City to fail to immediately remove the
feces by placing it in a closed container or to
thereafter fail to deposit the feces in a trash
receptacle.
C. It is unlawful for the owner or person having custody
of any dog to be in a location other than on the
property of such person or the property of the owner
of the dog without carrying, at all times, a suitable
wrapper, bag, container or other instrument for the
removal and disposal of dog feces.
D. Every person who violates any provisions of this
section is guilty of any infraction, punishable in
accordance with Chapter 1.12 of this code. The
provisions of this section shall not apply to on -duty
police dogs and to a legally bl in? person with a
disability as defined by the Americans with
Disabilities Act of 1990 (42 U.S.C. 12101, et seg.)
who is accompanied by a service animal, a See Eye deg,
which has been trained by a person, licensed under
000061
Ordinance No. Option "A"
Animal Control Chapter 6
Page 5
Section 7200 et. Seq. of the Business and Professions
Code and en duty peliee degs.
SECTION 6. Chapter 6.12.010 is hereby amended in its
entirety to read as follows:
Section 6.12.010 Poundmaster - Enforcement authority.
It shall be the duty of the animal control director or any duly
authorized City officer or employee to discharge the
duties of poundmaster, ate±.?= the ien of the— direeter &€
anifflal eentrel, and to enforce the provisions of this title and
the –ate resolution of the City Council beaiFd e€ p r- - - ---
="r - -
adopted pursuant hereto.
SECTION 7. Chapter 6.12.020 is hereby amended in its
entirety to read as follows:
Section 6.12.020 Interfering with poundmaster prohibited.
Every person who breaks open a dog pound, animal shelter,
temporary pound, or pound vehicle, or who willfully resists,
delays, or obstructs the poundmaster or duly authorized City
employee in the discharge of, or attempt to discharge, any duty of
his office, is guilty of a misdemeanor /infraction.
SECTION 8. Chapter 6.16.040 is hereby amended in its
entirety to read as follows:
Section 6.16.040 Fee.
A. The fee for the license required by this chapter shall be as
prescribed by resolution of the Ventura County Board of
Supervisors, unless superceded by
resolution of the Citv Council.
B. The fee prescribed for a dog or cat which has been spayed or
neutered, as verified by a veterinarian's certificate, shall be no
more than fifty percent (500) of the fee for a dog or cat of the
same sex which has not been spayed or neutered.
SECTION 9. If any section, subsection, sentence, clause,
phrase, part or portion of this Ordinance is for any reason held
to be invalid or unconstitutional by any court of competent
000062
Ordinance No. Option "A"
Animal Control Chapter 6
Page 6
jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council declares
that it would have adopted this Ordinance and each section,
subsection, sentence, clause, phrase, part or portion thereof,
irrespective of the fact that any one or more section,
subsections, sentences, clauses, phrases, parts or portions be
declared invalid or unconstitutional.
SECTION 10. This Ordinance shall become effective thirty
(30) days after its passage and adoption.
SECTION 11. The City Clerk shall certify to the passage and
adoption of this ordinance; shall enter the same in the book of
original ordinances of said City; shall make a minute of the
passage and adoption thereof in the records of the proceedings of
the City Council at which the same is passed and adopted; and
shall, within fifteen (15) days after the passage and adoption
thereof, cause the same to be published once in the Moorpark Star
a newspaper of general circulation, as defined in Section 6008 of
the Government Code, for the City of Moorpark, and which is hereby
designated for that purpose.
PASSED AND ADOPTED this 5th day of February, 2003.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt, City Clerk
000063
Option "B"
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF MOORPARK,
CALIFORNIA, AMENDING TITLE 6, ANIMALS, CHAPTER
6.04 GENERAL PROVISIONS, AND CHAPTER 6.08
ANIMAL CONTROL, TO ALLOW DESIGNATED CITY STAFF
TO ENFORCE THESE CHAPTERS
WHEREAS, the City Council determined that it is necessary
to provide for animal control in the City to protect public
health, property and the quality of life for the community; and
WHEREAS, on June 20, 2000, the City Council determined that
certain City staff shall provide animal control services in the
City, in addition to, and in lieu of, animal control services
provided by the county of Ventura Animal Control Department.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES ORDAIN AS FOLLOWS:
SECTION 1. Chapter 6.04.010 is hereby amended in its
entirety to read as follows:
Section 6.04.010 Definitions.
For the purposes of this chapter, unless the context
otherwise requires:
The terms "animal regulation °^ntre= department" and
"department of animal regulation ^tTel" mean the animal
regulation department ^morel seetien efthe enviiFenffiental
health i o is- rear —e €the —=-r. renntental rte-- r-ee- egg_
and /or the City Animal /Vector Control Division, as
designated by the City Manager.
The term "animal pound" means any dog pound, animal
shelter, temporary animal pound, or pound vehicle owned or
operated by the City, the eeunty ef Ventura County, or any
other entity on behalf of the City, or under contract to
the Ci ty.
The term "county health officer" means the Ventura County
health officer and any duly appointed deputy thereof.
00GO64
Ordinance No.
Animal Control Chapter 6
Page 2
Option "B"
The terms "director of the animal regulation ^e�re_
department" and "poundmaster" means the person prineipa
sanita:L-ian in charge of the animal regulation department
ewe i s eet i en ewe —en i renmental health dioisien o f t
envireaffiental reseidicce agene y of the county of Ventura and
any duly appointed deputy of the director of the animal
regulation department, and the City Manager, and any duly
authorized job classification of city officers and
employees or other person designated by resolution of the
City Council to exercise duties and authority of the
poundmaster.
A person "harbors" a dog when he feeds or shelters the dog
for a period of thirty days or longer.
The term "livestock" includes horses, ponies, mules,
burros, jacks and jennies, cows, bulls, calves, heifers,
sheep, goats, swine, hogs, pigs, and all other domestic or
domesticated animals other than household pets.
A person is the "owner" of an animal when he has either
legal title to the animal or has the legal right of custody
of the animal.
A dog "runs at large" when it is upon private property
without the permission of the person owning or occupying
the property, or when it is upon public property and is not
upon a leash.
Livestock "runs at large" when upon livestock property
without the permission of the person owning or occupying
the property, or when upon public property and not under
the immediate control of a responsible person capable of
controlling such animal.
The term "tax collector" means the Ventura County tax
collector and any duly appointed deputy thereof. (Ord. 6 §
5 (part) , 1985) .
0 0GG6�
Ordinance No.
Animal Control Chapter 6
Page 3
Option "B"
SECTION 2. Chapter 6.08.030 is hereby amended in its
entirety to read as follows:
Section 6.08.030 Leash Requirements.
It is unlawful for any person te- suffer er— permit any d'eg
ewn d, - harbored er eentrelled by him te be who has the
charge or control of a dog to be in a location other than
on the property of such person or the property of the owner
of the dog including on any public street, alley, lane,
park or place of whatever nature open to and used by the
public, in the City unineerperated area e€ eeunty
unless such dog is securely leashed and the leash is no
longer than eight feet and held continuously in the hands
of a responsible person capable of controlling such dog, or
unless the dog is securely confined in a vehicle. It is
unlawful for any person to suffer or permit any dog owned,
harbored or controlled by him to be on any private property
in the City unineerperated the eeunt without the
permission of the person owning or occupying said private
property. Every person who violates any of the provisions
of this section is guilty of an infraction.
SECTION 3. Chapter 6.08.060 is hereby amended
entirety to read as follows:
Section 6.08.060 Authority to inspect animals or
licenses.
in its
Any person who has an animal in this possession,
custody or control who willfully or maliciously fails or
refuses to exhibit such animal or any license therefor for
inspection upon demand by the poundmaster or any peace
officer, or duly authorized City employee is guilty of a
misdemeanor /infraction.
SECTION 4. Chapter 6.08.070 is hereby amended in its
entirety to read as follows:
Section 6.08.070 Noisy Animals.
Any person who keeps or permits to remain upon any property
in the City dnineergeradarea ems under his
ownership or control, other than in an appropriately zoned
Ordinance No.
Animal Control Chapter 6
Page 4
Option "B"
and licensed kennel or animal hospital, any dog or other
animal which by continuous barking, whining or other noise
unreasonably disturbs the peace, comfort or quiet of any
resident of the neighborhood shall be guilty of a
misdemeanor /infraction.
SECTION 5. Chapter 6.08.090 is hereby amended in its
entirety to read as follows:
Section 6.08.090 Dog defecation - Removal.
A. It.is unlawful for the owner or person having custody
of any dog to suffer, permit, or allow such dog to
defecate on any private property in the City without
the consent of the owner or person in lawful
possession of the property or on any public property
in the City.
B. It is unlawful for the owner or person having custody
of any dog that defecates on any private property in
the City without the consent of the owner or person in
lawful possession of the property or on any public
property in the City to fail to immediately remove the
feces by placing it in a closed container or to
thereafter fail to deposit the feces in a trash
receptacle.
C. Every person who violates any provisions of this
section is guilty of any infraction, punishable in
accordance with Chapter 1.12 of this code. The
provisions of this section shall not apply to on -duty
police dogs and to a legally blin�? person with a
disability as defined by the Americans with
Disabilities Act of 1990 (42 U.S.C. 12101, et seq. )
who is accompanied by a service animal, ,
which has been trained by a person, licensed under
Section 7200 et. Seq. of the Business and Professions
Code. and en diaty -pe l i ee -degs-
SECTION 6. Chapter 6.12.010 is hereby amended in its
entirety to read as follows:
Section 6.12.010 Poundmaster - Enforcement authority.
000067
Ordinance No.
Animal Control Chapter 6
Page 5
Option "B"
It shall be the duty of the animal control director or any duly
authorized City officer or employee superviser to discharge the
duties of poundmaster, under - the -- supervisien E)f- the — dieter of
aifnal eent=rel, and to enforce the provisions of this title and
the resolution of the City Council bea3Fd of
adopted pursuant hereto.
SECTION 7. Chapter 6.12.020 is hereby amended in its
entirety to read as follows:
Section 6.12.020 Interfering with poundmaster prohibited.
Every person who breaks open a dog pound, animal shelter,
temporary pound, or pound vehicle, or who willfully resists,
delays, or obstructs the poundmaster or duly authorized City
employee in the discharge of, or attempt to discharge, any duty of
his office, is guilty of a misdemeanor /infraction.
SECTION 8. Chapter 6.16.040 is hereby amended in its
entirety to read as follows:
Section 6.16.040 Fee.
A. The fee for the license required by this chapter shall be as
prescribed by resolution of the Ventura County Board of
Supervisors, unless superceded by
resolution of the City Council.
B. The fee prescribed for a dog or cat which has been spayed or
neutered, as verified by a veterinarian's certificate, shall be no
more than fifty percent (50%) of the fee for a dog or cat of the
same sex which has not been spayed or neutered.
SECTION 9. If any section, subsection, sentence, clause,
phrase, part or portion of this Ordinance is for any reason held
to be invalid or unconstitutional by any court of competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council declares
that it would have adopted this Ordinance and each section,
subsection, sentence, clause, phrase, part or portion thereof,
irrespective of the fact that any one or more section,
subsections, sentences, clauses, phrases, parts or portions be
declared invalid or unconstitutional.
00 068
Ordinance No. Option "B"
Animal Control Chapter 6
Page 6
SECTION 10. This Ordinance shall become effective thirty
(30) days after its passage and adoption.
SECTION 11. The City Clerk shall certify to the passage and
adoption of this ordinance; shall enter the same in the book of
original ordinances of said City; shall make a minute of the
passage and adoption thereof in the records of the proceedings of
the City Council at which the same is passed and adopted; and
shall, within fifteen (15) days after the passage and adoption
thereof, cause the same to be published once in the Moorpark Star
a newspaper of general circulation, as defined in Section 6008 of
the Government Code, for the City of Moorpark, and which is hereby
designated for that purpose.
PASSED AND ADOPTED this 5th day of February, 2003.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt, City Clerk
0U IV. 0G9