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MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Deborah S. Traffenstedt, ATCM /City Clerk 1
DATE: February 13, 2003 (CC Meeting of 2/19/03)
SUBJECT: Consider Ordinance No. 291 Amending Chapter 6.04
General Provisions, Chapter 6.08 Animal Control,
Chapter 6.12 Impoundment, and Chapter 6.16 Licensing
of Cats and Dogs, of Title 6, Animals, to Allow
Designated City Staff to Enforce Title 6
BACKGROUND AND DISCUSSION
The City Council introduced Ordinance No. 291 for first reading
on February 5, 2003. Corrections were determined to be needed,
including revision to the title of the ordinance. Staff is,
therefore, recommending that the City Council re- introduce
Ordinance No. 291 for first reading. Second reading could then
be scheduled for March 5, 2003.
STAFF RECOMMENDATION
Introduce Ordinance No. 291 for first reading and waive full
reading of the ordinance.
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ORDINANCE NO. 291
AN ORDINANCE OF THE CITY OF MOORPARK,
CALIFORNIA, AMENDING CHAPTER 6.04 GENERAL
PROVISIONS, CHAPTER 6.08 ANIMAL CONTROL,
CHAPTER 6.12 IMPOUNDMENT, AND CHAPTER 6.16
LICENSING OF CATS AND DOGS, OF TITLE 6,
ANIMALS, TO ALLOW DESIGNATED CITY STAFF TO
ENFORCE TITLE 6
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 Regulation Department.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES ORDAIN AS FOLLOWS:
SECTION 1. Section 6.04.010 of Chapter 6.04 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 department ", "department of
animal regulation ", "department of animal control" and
"animal control department" mean the county of Ventura
animal regulation department, 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, Ventura County, or any other entity
on behalf of the City, or under contract to the City.
The term "county health officer" means the Ventura County
health officer and any duly appointed deputy thereof.
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Ordinance No. 291
Page 2
The terms "director of the animal regulation department ",
"director of animal control" and " poundmaster" mean the
person in charge of the animal regulation department 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 or she 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 or she 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.
SECTION 2. Section 6.08.030 of Chapter 6.08 is hereby
amended in its entirety to read as follows:
Section 6.08.030 Leash Requirements.
It is unlawful for any person 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
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Ordinance No. 291
Page 3
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 such person to be on any
private property in the City 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. Section 6.08.060 of Chapter 6.08 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
custody or control that
refuses to exhibit such
inspection upon demand
officer, or duly author
misdemeanor /infraction.
animal in his or her possession,
willfully or maliciously fails or
animal or any license therefor for
by the poundmaster or any peace
ized City employee is guilty of a
SECTION 4. Section 6.08.070 of Chapter 6.08 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 or her ownership or control, other
than in an appropriately zoned 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. Section 6.08.090 of Chapter 6.08 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
Ordinance No. 291
Page 4
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 an infraction. The provisions of
this section shall not apply to on -duty police dogs
and to a 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.
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 director of the animal regulation
department or any duly authorized City officer or employee to
discharge the duties of poundmaster, and to enforce the
provisions of this title and any resolution of the City
Council adopted pursuant hereto.
SECTION 7. Section 6.12.020 of Chapter 6.12 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
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Ordinance No. 291
Page 5
duty of his or her office, is guilty of a
misdemeanor /infraction.
SECTION 8. Section 6.16.040 of Chapter 6.16 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 (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
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.
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Ordinance No. 291
Page 6
PASSED AND ADOPTED this 19th day of February, 2003.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt, City Clerk
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