CITY COUNCIL APRIL 3, 2017 PUBLIC HEARING

Transcription

1 CITY COUNCIL APRIL 3, 2017 PUBLIC HEARING SUBJECT: PREPARED BY: AN ORDINANCE OF THE CITY OF WEST HOLLYWOOD ADOPTING AMENDMENTS TO LOS ANGELES COUNTY CODE TITLE 10 (ANIMALS) BY REFERENCE, AMENDING CHAPTER 9.48 (ANIMAL CONTROL REGULATIONS) OF THE WEST HOLLYWOOD MUNICIPAL CODE TO (1) AMEND THE LIST OF VIOLATIONS WHICH ARE SUBJECT TO ADMINISTRATIVE PENALTIES; (2) AMEND CERTAIN LOS ANGELES COUNTY CODE SECTIONS RELATED TO LICENSING FEES AND SPECIFIED NUISANCES; AND (3) AMEND THE PROVISIONS RELATED TO SEIZING AND IMPOUNDING DANGEROUS ANIMALS POSING AN IMMEDIATE THREAT TO PUBLIC SAFETY; AMENDING SECTION TO EXPLAIN THAT VIOLATIONS OF CHAPTER 9.52 (DISPLAY OR PERFORMANCE OF WILD OR EXOTIC ANIMALS) ARE SUBJECT TO ADMINISTRATIVE PENAL TIES; ADDING A NEW CHAPTER 9.54 (PYGMY GOATS AND CHICKENS) TO THE WEST HOLLYWOOD MUNICIPAL CODE TO REGULATE THE KEEPING OF PYGMY GOATS AND CHICKENS IN THE CITY OF WEST HOLLYWOOD; AND AMENDING CHAPTER 1.08 (GENERAL PENAL TY PROVISIONS) OF THE WEST HOLLYWOOD MUNICIPAL CODE TO REFLECT THESE CHANGES. DEPARTMENT OF PUBLIC WORKS (Oscar Delgado, Public Works Directo (Jeffery Aubel, Code Compliance Manag (Daniel Mick, Code Compliance Supervi or)~ STATEMENT ON THE SUBJECT: The City Council will consider approving an Ordinance adopting by reference Title 10 (Animals) of the Los Angeles County Code, amending Chapters 9.48 (Animal Control Regulations), 9.52 (Display or Performance of Wild or Exotic Animals), adding Chapter 9.54 (Pygmy Goats and Chickens) to the West Hollywood Municipal Code, and amending Chapter 1.08 (General Penalty Provisions) of the West Hollywood Municipal Code. The City Council will also consider adopting a Resolution amending the Master Fee Resolution to include a fee schedule for dog and cat licenses, and to update the Administrative Citations Schedule to reflect changes to the City's Municipal code pursuant to the Ordinance. RECOMMENDATIONS: Page 1of7 AGENDA ITEM 3.A.

2 (1) Introduce on first reading, Ordinance No. 17-XXXX, "AN ORDINANCE OF THE CITY OF WEST HOLLYWOOD ADOPTING AMENDMENTS TO LOS ANGELES COUNTY CODE TITLE 10 (ANIMALS) BY REFERENCE, AMENDING CHAPTER 9.48 (ANIMAL CONTROL REGULATIONS) OF THE WEST HOLLYWOOD MUNICIPAL CODE TO (1) AMEND THE LIST OF VIOLATIONS WHICH ARE SUBJECT TO ADMINISTRATIVE PENAL TIES; (2) AMEND CERTAIN LOS ANGELES COUNTY CODE SECTIONS RELATED TO LICENSING FEES AND SPECIFIED NUISANCES; AND (3) AMEND THE PROVISIONS RELATED TO SEIZING AND IMPOUNDING DANGEROUS ANIMALS POSING AN IMMEDIATE THREAT TO PUBLIC SAFETY; AMENDING SECTION TO EXPLAIN THAT VIOLATIONS OF CHAPTER 9.52 (DISPLAY OR PERFORMANCE OF WILD OR EXOTIC ANIMALS) ARE SUBJECT TO ADMINISTRATIVE PENAL TIES; ADDING A NEW CHAPTER 9.54 (PYGMY GOATS AND CHICKENS) TO THE WEST HOLLYWOOD MUNICIPAL CODE TO REGULATE THE KEEPING OF PYGMY GOATS AND CHICKENS IN THE CITY OF WEST HOLLYWOOD; AND AMENDING CHAPTER 1.08 (GENERAL PENAL TY PROVISIONS) OF THE WEST HOLLYWOOD MUNICIPAL CODE TO REFLECT THESE CHANGES," (2) Adopt Resolution No. 17 -, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST HOLLYWOOD AMENDING THE MASTER FEE RESOLUTION (RESOLUTION NO ) TO INCLUDE A FEE SCHEDULE FOR DOG AND CAT LICENSES, AND TO UPDATE THE ADMINISTRATIVE CITATIONS SCHEDULE TO REFLECT CHANGES TO THE CITY'S MUNICIPAL CODE." (3) Authorize the City Manager or designee to execute a new Service Level Request with the Los Angeles County Department of Animal Care and Control. BACKGROUND I ANALYSIS: Since the time of its incorporation, the City of West Hollywood has been contracting with the Los Angeles County Department of Animal Care and Control (LACACC) to provide animal control services within its boundaries. Contracting with the County includes a requirement that the City adopt the County's Animal Ordinance, Title 10 of the County Code, to provide animal and safety regulations. In September 2016, the Los Angeles County Board of Supervisors adopted a new version of Title 10 which went into effect in October This new version updates and streamlines Title 1 O; provides a better process for regulating excessive animal noise; provides a reduced pet license fee for disabled military veterans; eliminates conflicts with state and federal laws; eliminates unnecessary language; enhances due process procedures during administrative hearings; and expands procedures to reunite lost pets with their owners. Additionally, Title 10 has been amended in accordance with the County's Plain Language Initiative to make this Title more clear and practical for residents. Staff recommends adopting the new Title 10, with some local amendments, and adding Chapter 9.54 (Pygmy Goats and Chickens) to the West Hollywood Municipal Code. In summary, the most significant changes to Title 10 incorporated by the County include: Increase in the efficiency of potentially dangerous dog cases by removing the Page 2 of 7

3 need for an administrative hearing if the owner agrees to all conditions imposed by the Department; dog owners and victims of dog attacks will have quicker resolution to their cases. Recognition of the service provided to our country by military veterans by providing a reduced pet license fee for them. The addition of mandatory microchipping and spaying/neutering of dogs and cats et seq. requires all dogs and cats over 4 months of age to be spayed or neutered unless a special unaltered animal license is obtained. These licenses are only issued if the animal is a "competition" animal, is a service or law enforcement dog, or is medically unable to be spayed or neutered. The service dog exemption only includes animals trained to perform a specific task for a person with a disability and does not include emotional support animals; and The microchipping of all dogs and cats over 4 months old. In summary, Staffs' proposed amendments to Title 10 include: Exempting businesses that solely perform "animal grooming" from the definition of "animal facility" and an "animal facility" license under Title 1 O; West Hollywood provides its own licensing for "animal groomers" and a separate County license is not required. (See section of the proposed Ordinance, amending section of the County Code.) Adding Code Compliance Division and the LA County Sheriff's Department to the definition of "Department,'' which originally included only the Los Angeles County Department of Animal Care and Control. (See section of the proposed Ordinance, amending section of the County Code.) Both the City's Code Compliance Division and the Sheriff's Department are already empowered to enforce provisions of the Animal Control Ordinance, and this addition will clarify who may enforce the provisions of the City's Animal Control Ordinance. Replacing the phrase "dog or cat" in the City's current Animal Control Ordinance with the word "animal;" under Title 10, "animal" means "any mammal, bird, reptile, fish or amphibian." The LACACC requires licensure for dogs and cats, "service animals," pigmy pigs, and "animal facilities;" Staffs' proposed change would prohibits all animals from running at large, not only dogs/cats. (See section of the proposed Ordinance, amending sections and of the County Code.) Adding pygmy goats and pygmy pigs to the list of animals that must be restrained by a leash when on public property or in the common area of private property. (See section of the proposed Ordinance, amending section O of the County Code.) The number of residents who own pygmy pigs and pygmy goats in the City has increased over the years; as these animals are typically cared for like dogs (i.e., walked, leashed, etc.) Staff proposes treating these animals like dogs and imposing similar leash requirements. Amending section of the County's "waste removal section" to coincide with the City's current Animal Control Ordinance by requiring anyone walking a Page 3 of 7

4 dog, pygmy pig, or pygmy goat to have a waste wrapper available and plainly visible. The amendment also exempts physically handicapped people with service dogs from the requirement of cleaning up after their dog. (See section of the proposed Ordinance, amending section of the County Code.) Adding birds to the list of animals that are not to be fed by leaving or dropping food on public property. The proposed language would also make a violation of this section subject to administrative citations rather than misdemeanor prosecution. (See section of the proposed Ordinance, amending section of the County Code.) Renaming Section of the City's Animal Control Ordinance "Potentially Dangerous Dogs," as the amendments being made relate only to dangerous and potentially dangerous dogs. o Additionally, staff recommends including language that is similar to that which is in the current West Hollywood Animal Control Ordinance. The suggested language clarifies the options available to an enforcement officer when deciding whether to seize a dog that poses a threat or when to order its containment pending an administrative hearing conducted by LACACC. (See section of the proposed Ordinance, amending section of the County Code.) o Lastly, staff recommends adding a section clarifying the type of evidence that must be considered when a dangerous dog hearing is conducted by the LACACC. The suggested language is similar to that which is part of the current West Hollywood Animal Control Ordinance. (See section of the proposed Ordinance, amending section of the County Code.) Renaming section of the City's Animal Control Ordinance "Fees," as the amendments being made relate only to animal control fees. o Staff recommends increasing some of the fees related to animal licensing. As demonstrated in Attachment C, West Hollywood's fees for dog licensing are substantially lower than the base County rate and almost all other cities that contract with LACACC. Staff recommends raising the licensing fee for unaltered dogs from $20.00 to $ By raising the licensing fee for dogs, the City will demonstrate its commitment to keeping the population of animals in animal shelters to a minimum. Staff also recommends raising the licensing fees for altered dogs from $10.00 to $15.00, which is still below the average rate in LA County. The increased revenue generated by these increased fees helps offset the costs to the City for the services provided by the County. (See Resolution No. XXX attached hereto as Attachment D regarding the proposed amendments to the City's dog/cat licensing fees.) o Staff also recommends adopting a new altered dog Disabled Military Veteran license fee. To recognize the service to our country provided by Page 4 of 7

5 veterans who were disabled from a disease or injury incurred or aggravated during military service, LA County offers a reduced license fee to disabled military veterans who submit the requisite documentation who license their altered dogs. Similarly, Staff proposes to adopt the County's reduced license fee for Disabled Military Veterans of $7.50 from $20.00 (the normal fee for an altered dog license). o Currently, West Hollywood residents are charged a $20.00 penalty fee for late renewals of their animal licenses. Staff recommends changing the delinquent licensing fee to 100% of the rate for that license type. Under the current fee structure, a $20.00 fee is charged for the delinquent renewal of an altered dog license which equates to 200% of the $10.00 license fee. However, if an unaltered dog license is renewed late, the $20.00 penalty fee equates to only 100% of the $20.00 license fee. Changing the fee structure to "Same as License Fee" will ensure that the penalty imposed for late renewals are treated equally across all license types. o Staff also recommends the City of West Hollywood participate in LA County's Spay/Neuter Trust Fund. This fund allows LACACC to offer low cost spay/neuter programs for the City's residents who wish to have their pets spayed or neutered but cannot afford the cost of surgery. Once residents have qualified, LACACC will work with veterinary clinics to assist qualified residents in obtaining spay/neuter services in an area near them. To participate, the City will elect to contribute $5.00 per altered or unaltered dog license to the Spay/Neuter Trust Fund. Clarifying that any violation of the City's Animal Control Ordinance shall subject the violator to the administrative penalty provisions outlined in Chapter 1.08 of the City's Municipal Code. Title 10 of the County Code imposes a misdemeanor penalty for certain violations, specifically for section (feeding predatory animals); and an infraction for others (see section of the County Code). Under the language of County Code section , the following sections would be subject to an infraction: , , , , , , , , , and In order to allow the City's Code Compliance Division with the authority to regulate and cite violations of these sections, the Staff recommends reducing the penalty of these sections from infractions to administrative citations. The penalty for a violation of these sections will be: $200 for a first violation; $400 for a second violation; and $800 for any third or subsequent violation of the same section. Additionally, any person who violates the same provision, or fails to comply with the same requirement, more than three times within a twelve-month period shall be charged with a misdemeanor for each violation committed thereafter within that same twelve-month period. Lastly, staff also recommends adding Chapter 9.54 (Pygmy Goats and Chickens) to the West Hollywood Municipal Code. Chapter 9.54 regulates the keeping of pygmy goats and chickens in the City. A few residents already keep pygmy goats in the City. Under the current law, pygmy goats are not permitted to be kept in the City as they are Page 5 of 7

6 considered livestock (under the Municipal Code, livestock may only be kept in the City's agriculturally zoned areas). However, the reality of the situation is that pygmy goats, like pygmy pigs, have become a fashionable alternative to keeping dogs. There is little difference in the care required for a goat as compared with that of a dog. As such, Staff recommends allowing the keeping of pygmy goats in the City provided that they are kept on leash and wear identifying tags at all times. The breeding of pygmy goats will remain prohibited in residential neighborhoods. Chapter 9.54 also addresses the issue of keeping chickens in the City. Over the past several years, there has been a renewed interest in urban farming. Many people want to take a more active role in where their food comes from. As such, many people are turning to gardening, to grow some of their own fruits and vegetables, and to raising chickens to provide eggs. Staff has fielded numerous calls from residents that have expressed interest in raising chickens for eggs. Currently, the Municipal Code prohibits any use which is not expressly permitted; because the keeping of chickens is not an express permitted use, it is prohibited under the current Code. Staff recommends allowing up to four (4) chickens to be kept per residence in the City (as long as none of them are roosters), and the chickens are kept in a manner that does not create noise, odor, or other disturbances to the surrounding community. CONFORMANCE WITH VISION 2020 AND THE GOALS OF THE WEST HOLLYWOOD GENERAL PLAN: This item is consistent with the Primary Strategic Goal(s) (PSG) and/or Ongoing Strategic Program(s) (OSP) of: OSP-7: Collaborative Public Safety. OSP-2: Institutional Integrity. In addition, this item is compliant with the following goal(s) of the West Hollywood General Plan: LU-8: Maintain and enhance residential neighborhoods. SN-8: Provide public safety services in a manner that reflects and is sensitive to the characteristics and needs of the West Hollywood community. EVALUATION PROCESSES: This new version updates and streamlines Title 1 O; provides a better process for regulating excessive animal noise; provides a reduced pet license fee for disabled military veterans; eliminates conflicts with state and federal laws; eliminates unnecessary language; enhances due process procedures during administrative hearings; and expands procedures to reunite lost pets with their owners. Additionally, Title 10 has been amended in accordance with the County's Plain Language Initiative to make this Title more clear and practical for residents. ENVIRONMENTAL SUSTAINABILITY AND HEALTH: Page 6 of 7

7 The goal of the City of West Hollywood is to promote responsible pet guardianship, compassion toward animals and safe human-animal interactions. COMMUNITY ENGAGEMENT: Staff has met with and spoken with numerous residents with pets and animal welfare supporters who have been very supportive of the City requiring the spaying and neutering of pets. OFFICE OF PRIMARY RESPONSIBILITY: DEPARTMENT OF PUBLIC WORKS I CODE COMPLIANCE DIVISION FISCAL IMPACT: There is no fiscal impact associated with this report. Adoption of regulations requiring spay and neutering of dogs and cats will reduce the stray animal population and reduce program costs; micro-chipping could reduce costs associated with picking-up, processing, and housing lost or abandoned dogs and cats since they could be returned to their residence in the field and/or the owner can be held accountable for costs associated with sheltering expenses; and raising the licensing fees for dogs will help offset the costs to the City for the animal control services provided by the County. ATTACHMENTS: Attachment A - LA County Title 10 Attachment B - Suggested Amendments to Chapters 9.48, 9.52, and the addition of 9.54 Attachment C - LA County Animal Licensing Fees Chart Attachment D - Resolution No. 17 -, amending the City's Code Compliance Fee Schedule to include changes to the City's dog/cat licensing fees and updating the City's Administrative Citations Schedule to reflect the changes to the City's Municipal Code shown in Attachment B. Attachment E - FY Service Level Request Page 7 of 7