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Home My WebLink About10/5/2005 - STAFF REPORTS (22) �OQFALM sA4 ti 0 V N Y y 0% City Council Staff Report DATE: October 5, 2005 LEGISLATIVE SUBJECT: PROPOSED ORDINANCE REGULATING THE TYPES OF ANIMALS THAT CAN BE KEPT IN THE CITY FROM: David H. Ready, City Manager BY: Police Department SUMMARY The City Council will consider adding sections prohibiting the keeping of certain livestock and animals within the city limits to the Ordinance relating to the regulation of domestic animals in the city. (RECOMMENDATION: 1. Waive the reading of the Ordinance text in its entirety and read by title only. 2. Introduce on first reading Ordinance No. , AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA ADDING SECTIONS 10.04.090, 10.04.100, 10.04.110 AND 10.24.011 TO THE PALM SPRINGS MUNICIPAL CODE RELATING TO THE REGULATION OF DOMESTIC ANIMALS IN THE CITY. STAFF ANALYSIS: City Animal Control Officers regularly respond to complaints regarding roosters, chickens, goats and other types of livestock. On many occasions, the owners of these animals are uncooperative and these cases are referred to the City Attorney's Office for disposition. The current City Ordinance does not clearly define and prohibit the keeping of certain hypes of animals and livestock within the city. These proposed changes to the Ordinance do not prohibit livestock (horses or other domestic animals) in areas within the city that are properly zoned. Esther Petersen, Animal Control Supervisor, reports that there have been violations of various laws regarding the slaughtering of animals. Animal Control Officers recently responded to a complaint of the slaughtering of a pig in the front yard of an apartment complex in a residential neighborhood. Item No. 3 . C . City Council Staff Report October 19, 2005, Page#2 Revisions to Animal Control Ordinance Esther Petersen, Animal Control Supervisor, reports that there have been violations of various laws regarding the slaughtering of animals. Animal Control Officers recently responded to a complaint of the slaughtering of a pig in the front yard of an apartment complex in a residential neighborhood. Animal Control Officers have captured and cared for as many as four pigs, four goats, twenty chickens and roosters because many times the owners vacate their property and abandon the animals. In addition there are numerous noise complaints related to keeping livestock within residential areas. These situations provide many challenges for the Animal Control Officers in the capturing and caring for these animals. Providing the necessary care for these types of animals is very expensive. Once the amendment to the City Ordinance becomes effective, the Animal Control Officers will have the ability to issue a warning or citation to the owners of these prohibited animals. Once the City Council has approved these changes, the police department will immediately inform the community. This public information campaign will include the "scrolling" information that will be aired on Channel 17 (Palm Springs Television). A press release announcing these changes will be issued by the police department's Public Information Officer, in cooperation with the City's Public Information Officer. FISCAL IMPACT: None Gary I dvon Chief of Police David H. Ready, Cit meager Attachments: Ordinance ORDINANCE NO. AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING SECTIONS 10.04.090, 10.04.100, 10.04.110, AND 10.24.011 TO THE PALM SPRINGS MUNICIPAL CODE, RELATING TO THE REGULATION OF DOMESTIC ANIMALS IN THE CITY. City Attorney Summary The current provisions of the Palm Springs Municipal Code do not distinguish between domestic household pets and livestock as animals that are permitted in the City. This ordinance prohibits the keeping of any animal in the City other than household pets as defined and animals expressly permitted under the City's Zoning Ordinance. The City Council of the City of Palm Springs ordains: Section 1. Section 10.04.090 is added to the Palm Springs Municipal Code to read: 10.04.090 Livestock "Livestock" means any domestic animal customarily kept, used, maintained, or raised on a farm or ranch, including but not limited to, horses, ponies, burros, mules, donkeys, sheep, cows, goats, chickens, roosters, ducks, geese, and swine. Section 2. Section 10.04.100 is added to the Palm Springs Municipal Code to read: 10.04.100 Household Pets "Household Pets" means small animals ordinarily and customarily domesticated and permitted in a dwelling and kept for company or pleasure and not for profit. The term "household pets" includes dogs, cats, small caged birds such as canaries or parakeets, fish, and any other kindred animal or bird. The term "household pets" does not include Livestock or any animal or bird that is a dangerous or prohibited species or is commonly kept for commercial or agricultural purposes. Section 3. Section 10.24.011 is added to the Palm Springs Municipal Code to read: 10.24.011 Prohibited Animals. (a) It shall be unlawful for any person to own, possess, harbor, keep, maintain upon his or her property, for any reason, any animal other than a household pet or any animal expressly permitted within a particular zone or district as provided in the Zoning Code of the City. (b) This prohibition shall not apply to animals that are permitted under Section 10.24.015 of this Code ("Wild Animals — Authorization required") or otherwise expressly authorized by the City Council. Section 4. 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 AND ADOPTED THIS DAY OF 2005. AYES: NOES: ABSTAIN: ABSENT: RON ODEN, MAYOR ATTEST: James Thompson, City Clerk AWPFt AS TG3 Till le: