Loading...
HomeMy WebLinkAbout3BCITY COUNCIL STAFF REPORT DATE: April 8, 2021 LEGISLATIVE SUBJECT: PROPOSED INTRODUCTION OF AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING SECTIONS 10.04.035, 10.04.040 AND 10.24.045 ESTABLISHING RESPONSIBLE BREEDING REGULATIONS AND PENALTIES FOR VIOLATION OF THE REGULATIONS. FROM: David H. Ready, City Manager BY: Jeffrey Ballinger, City Attorney SUMMARY This is a request for the City Council to consider changes to Chapters 10.04 and 10.24 of the Palm Springs Municipal Code (PSMC) to regulate the responsible breeding of dogs and cats. The draft ordinance was previously introduced at the February 27, 2020 City Council meeting, but action was not taken in light of public comments received. The proposed ordinance introduced with this item has been revised to address certain comments received from the community, and has been drafted in conjunction with the Friends of the Palm Springs Animal Shelter. RECOMMENDATION: 1. Waive the reading of the ordinance text in its entirety and read by title only; and 2. Introduce on first reading Ordinance No. __ , "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTERS 10.04 AND 10.24 OF THE PALM SPRINGS MUNICIPAL CODE ADDING REGULATIONS FOR BREEDING PERMITS." STAFF ANALYSIS: Staff has been working with Friends of the Palm Springs Animal Shelter (Friends) to implement changes to the PSMC that the Friends believe with help reduce animals in the shelter. The proposed changes include the following: • Establishment of an annual breeding permit limiting the household to three litters during a thirty-six (36) month period and limiting the offering a male dog or cat for stud services to three (3) times in any thirty-six (36) month period. A policy ITEMNO. ~t) 1 City Council Staff Report April 8, 2021 --Page 2 Amendment of PSMC 10.04 and 10.24 preference is included to provide a twelve (12) month period between litters or the offering for stud. The following sections of this staff report provide additional detail regarding the proposed changes that are summarized above. Establishment of a breeding permit: It is proposed that an annual breeding permit be established, which would allow a permit holder to have three (3) dog or a cat litters per household or provide their dog or cat for stud service once during any given thirty-six (36) month period. The dog or cat should, as much as practicable, have a twelve (12) month period between litters or the offering for stud. The animal owner would also be required to identify his/her permit number on any advertising of a potential sale of the animal. In addition, the owner would be required to keep records of animal sales for a period of three (3) years. Criteria and procedures for issuing the breeding permits as well as penalties for violations including a revocation process is also proposed. Specifically, if a pet owner does not have a permit, but whose animal has been bred, the owner would be given notice and an opportunity to obtain a permit. If the owner thereafter fails to obtain such a permit, the owner would be subject to a $500 administrative fine. In addition, if an owner's pet is bred more than once per 12 month period or if an owner violates the advertising or record keeping requirements, such owner would be subject to an automatic $500 fine. Repeated violations are subject to $750 and $1,000 fines. This item was presented to City Council at its February 27, 2020 meeting for introduction. At that time, public comments were received questioning the proposed breeding regulations. As a result, the ordinance was not introduced and was referred to Staff for further review. On March 10, 2017 Staff held a meeting with Council liaison Grace Garner and Friends with representatives of the Kennel Club. At that time revisions to the ordinance were reviewed to address the comments previously raised last year. The proposed ordinance reflects Staff's understanding that concerns raised by the Kennel Club have been appropriately addressed. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA} DETERMINATION: The proposed ordinance and resolution are exempt from environmental review requirements of the California Environmental Quality Act ("CEQA") pursuant to Section 15061 (b)(3) of Title 14 of the California Code of Regulations, as there is no possibility that the adoption of the ordinance or the resolution will have a significant effect on the environment. 2 City Council Staff Report April 8, 2021 --Page 3 Amendment of PSMC 10.04 and 10.24 FISCAL IMPACT: It is anticipated that any increased costs in enforcement of the breeding permit should be negligible. SUBMITTED: ~~ Marcus L. Fuller Assistant City Manager City Attorney Attachments: 1 . Draft Ordinance 3 ORDINANCE NO. AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTERS 10.04 AND 10.24 OF THE PALM SPRINGS MUNICIPAL CODE ADDING REGULATIONS FOR BREEDING PERMITS City Attorney's Summary This Ordinance establishes a Breeding Permit limiting three dog or cat litters per household during a thirty-six month period and the offering the dog or cat stud services three times during any thirty-six month period. Penalties for violation of the breeding permit provisions and an appeal process are also established by this Ordinance. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS FINDS: A. The City of Palm Springs is a charter city organized pursuant to Article XI of the California Constitution and pursuant to the authority granted the City Article XI, Section 7 of the California Constitution, the City of Palm Springs may adopt and enforce ordinances and regulations not in conflict with general laws to protect and promote the public health, safety, and welfare of its citizens. B. The City Council finds that the activities permitted under this ordinance are consistent with and implement the goals and policies of the Palm Springs General Plan. C. The City Council finds that the adoption of this ordinance is exempt from environmental review under the California Environmental Quality Act ("CEQA") pursuant to the following provisions of the CEQA Guidelines, 14 Cal. Code of Regulations, Chapter 3: The ordinance is exempt under Section 15061 (b) (3) because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 10.04 of the Palm Springs Municipal Code is amended to add Section 10.04.35 to read as follows: "Section 10.04.035. Breeding Permit. "Breeding Permit" means a written authorization, issued annually by the City Manager or the City Manager's designee, giving its lawful holder permission to breed a dog or a cat, in accordance with Section 10.24.040." 4 Ordinance No. Page 2 SECTION 2. Chapter 10.24 of the Palm Springs Municipal Code is amended to add Section 10.24.40 to read as follows: "Section 10.24.040. Dog and Cat Breeding -Breeding permit required. A. No person shall cause or allow any dog or cat owned, harbored or kept within the City to breed without first obtaining a breeding permit. The Friends of the Palm Springs Animal Shelter shall be exempt from obtaining a breeding permit. B. Each breeding permit shall be valid for one year from the date of issuance, and may be renewed annually before its expiration date. Each applicant for a breeding permit shall pay an annual fee as set forth in a fee resolution adopted by the City Council. C. The City Manager, or his/her designee, shall administer the animal breeding permit program to allow the breeding of unaltered dogs and cats consistent with criteria and according to procedures established by the City Manager or his/her designee, and approved by the City Council. D. A breeding permit shall not be issued to an applicant if any of the following reasons exist: 1. The applicant of the breeding permit or someone in the household has been convicted of animal cruelty, neglect or dog fighting. 2. The applicant of the breeding permit provided false information or failed to provide any required information. 3. The applicant has violated any provision of Title 10 within the last thirty six (36) months. 4. The animal breeding will be for purposes not authorized by law, such as dog fighting, animal cruelty or breeding for purposes of selling of the animals in violation of the law. E. In addition to the criteria and procedures established by the City Manager, breeding permits shall contain the following terms and conditions: 1. The breeding permit shall authorize no more than three (3) dog or cat litters per domestic household in any thirty-six (36) month period, or the offering of a male dog or cat for stud three times in any thirty-six (36) month period. The dog or cat should, as much as practicable, have a twelve (12) month period between litters or the offering for stud. 2. Any holder of a breeding permit who advertises to the public the availability of any dog or cat for sale, adoption, or transfer, whether for 5 Ordinance No. Page 3 compensation or otherwise, must prominently display the breeding permit number in any Sl:JCh advertisement. Further, the breeding permit holder must provide the breeding permit number to any person who purchases, adopts or receives any animal from the breeding permit holder and include the breeding permit number on any receipt of sale or transfer document. 3. Breeding permits shall be obtained in person at the Palm Springs Animal Shelter where the City Manager, or City Manager's designee, shall keep a register wherein there shall be entered the name and address of each person to whom any breeding permit is issued, the date of issuance thereof, the date or approximate date the person obtained the dog or cat, _ the age or approximate age of the dog or cat, and, if a first-time breeding permit, the number of past litters produced in the previous five years. 4. Any breeding permit holder selling or otherwise transferring a dog or cat, whether for compensation or otherwise, shall maintain records for a period of three (3) years containing the name, address, and telephone number of the animal's new owner on a City approved form." SECTION 3. Chapter 10.24 of the Palm Springs Municipal Code is amended to add Section 10.24.45 to read as follows: · "Section 10.24.045 Penalties. A. Administrative fines. 1. Any cat or dog owner whose animal has been bred no more than once in a twelve month period without a permit may correct such violation by obtaining the necessary permit required by this Chapter, no later than thirty (30) days following the date of the notice of violation(s), provided however, that the opportunity to correct shall only be available for the first violation. Subsequent violations shall not have an opportunity to cure the violation. 2. For the first violation, should the owner fail to correct the violation in the manner described above, the owner shall be deemed to have violated this Code and shall be subject to a five hundred dollar ($500) administrative penalty. 3. Any cat or dog owner whose animal has been bred more than once in a twelve (12) month period in violation of Section 10.24.040(E)(1 ), with or without a permit, or who has violated Sections 10.224.040(E)(2) or (E)(4), shall be deemed to have violated this Code and shall be subject to an immediate five hundred dollar ($500) administrative fine for the first violation, seven hundred fifty dollar ($750) for the second violation, and one thousand dollars ($1000) for each additional violation. 6 Ordinance No. Page4 4. Written notice of any such penalty shall be served on the dog or cat owner by mail. The penalty shall not be waived upon the transfer or abandonment of the dog or cat by the noncompliant owner. These administrative penalties shall be imposed in addition to, and not in lieu of, any other applicable civil or criminal penalties authorized by this Code. 5. The City may waive the administrative penalty if all are animals in the litter are surrendered to animal shelter. B. Revocation of Breeding Permit. Any breeding permit issued pursuant to Section 10.24.040 may be revoked if the City Manager or the City Manager's designee has reasonable cause to believe any of the following to be true: 1. The breeding permit holder has violated any City ordinance relating to the keeping, care or use of any animal. 2. The breeding permit holder is in violation of any state health or safety law or regulation regarding animal care or control. 3. The breeding permit holder has failed to comply with any condition or requirement of the breeding permit or has failed to pay any fee imposed under this code. 4. The City has reasonable belief of code violations, and the breeding permit holder refuses to allow inspection, upon forty-eight (48) hours' written notice, of any animal covered by the breeding permit and the premises on which the animal is kept. 5. The breeding permit holder has transferred, sold or otherwise disposed of the animal for which the permit was originally issued. C. If, after inspection, the City Manager or the City Manager's designee concludes that it is probable that one or more of the above grounds for revocation has occurred, he or she shall cause written notice thereof to be transmitted by mail to the address of the breeding permit holder. The notice shall specify the grounds of possible revocation of the breeding permit and shall specify a date and time for an informal hearing to be held before a hearing officer. The date shall be not set less than six (6) days after the date the notice is mailed. After the informal hearing, the hearing officer may modify the terms of the breeding permit or revoke the breeding permit. D. The breeding permit holder may appeal the hearing officer's decision in compliance with Chapter 2.50." SECTION 4. The provisions above are adopted based upon the true and correct recited findings reflected above and incorporated by this reference herein. 7 Ordinance No. Page 5 SECTION 5. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance. The City Council declares that it would have passed this ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. SECTION 6. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law and this Ordinance shall take effect thirty (30) days after passage. PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY COUNCIL THIS DAY OF ____ , 2021. ATTEST: ANTHONY J. MEJIA, MMC CITY CLERK CHRISTY HOLSTEGE MAYOR 8 Ordinance No. Page 6 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS) CERTIFICATION I, ANTHONY J. MEJIA, City Clerk of the City of Palm Springs, do hereby certify that Ordinance No. _ is a full, true, and correct copy, and was introduced by the City Council at a regular meeting held on the _ day of ___ , 2021, and adopted at a regular meeting of the City Council held on the_ day of ___ , 2021, by the following vote: AYES: NOES: ABSENT: ABSTAIN: IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this ___ day of ______ , 2021. ANTHONY J. MEJIA, MMC CITY CLERK 9