City Council Staff Report DATE: November 5,2014 AGENDA ITEM NO: Public Hearing Agenda Item 4-A. TO: The Honorable Mayor and City Council FROM: Jim Smith, Chief of Police SUBJECT: Adoption of an Ordinance Amending Title 8 of the Monterey Park Municipal Code in its entirety regarding the regulation of animals within the City's jurisdiction and incorporation of Title 10 of the Los Angeles County Code. RECOMMENDATION: It is recommended that the City Council: 1. Open a public hearing; take testimonial and documentary evidence; close the public hearing; 2. After considering the evidence, adopt an ordinance amending Title 8 of the Monterey Park Municipal Code. 3. Take such additional, related, action that may be desirable. EXECUTIVE SUMMARY: The City of Monterey Park contracts with the Los Angeles County Department of Animal Care and Control (LACDACC) for supplemental Animal Control services. In order for LACDACC personnel to issue citations and take other regulatory actions, the City needs to amend Title 8 of the Monterey Park Municipal Code and Adopt Title 10 of the Los Angeles County Code regarding the regulation of Animals. At the October 1, 2014 City Council meeting, the Council approved the introduction and waived first reading of the ordinance. The public hearing was set for November 5, 2014. The City complied with regulatory notice requirements by posting notice of the public hearing on October 16, 2014 and October 23, 2014 in the Monterey Park Progress newspaper. BACKGROUND: The City of Monterey Park has contracted with the LACDACC since 2012 for supplemental Animal Control services. However, LACDACC personnel who respond to Monterey Park for services requested that the City adopt, by reference, Title 10 of the Los Angeles County Code to facilitate enforcement efforts. Adopting Title 10 of the Los Angeles County Code will not enact certain regulations that the City previously rejected as undesirable such as mandatory cat licensing and mandatory spaying/neutering of all pets. Staff Report Page 2 The draft ordinance (Attachment 1), if adopted, would incorporate LA County Code Title 10 as indicated and would amend MPMC Title 8. FISCAL IMPACT: It is unknown at this time if there would be any fiscal impact. There may be additional fines levied or because of increased licensing enforcement and canvassing there could be an increase in the collection of licensing fees. Prepared by: ~~?-/ Steve C Clay Police Lieutenant APprorzLC£ ~ Paul L. Talbot City Manager ATTACHMMENTS 1. Proposed Ordinance ATTACHMENT 1 Proposed Ordinance ORDINANCE NO. AN ORDINANCE AMENDING TITLE 8 OF THE MONTEREY PARK MUNICIPAL CODE IN ITS ENTIRETY REGARDING THE REGULATION OF ANIMALS WITHIN THE CITY'S JURISDICTION. The Council of the City of Monterey Park does ordain as follows: SECTION 1: A new Chapter 8.14 is added to Title 8 of the Monterey Park Municipal Code ("MPMC"), entitled County Regulations, to read as follows: "Chapter 8.14 INCORPORATION OF LOS ANGELES COUNTY ANIMAL REGULATIONS 8.14.010 INCORPORATION OF TITLE 10, LOS ANGELES COUNTY CODE: Pursuant to Government Code § 50022.9, the City Council incorporates Title 10 of the Los Angeles County Code entitled Animals, subject to the amendments, additions and deletions set forth below, into this Code. The provisions of this Code take precedence over any conflicting provisions in Title 10 of the Los Angeles County Code. 8.14.020 DELETIONS FROM LOS ANGELES COUNTY CODE. The following provisions of Title 10 of the Los Angeles County Code are deleted: A. Chapter 10.04 entitled General Provisions; B. Section 10.08.155 in Chapter 10.08 entitled Definitions; C. Sections 10.20.030; 10.20.038; 10.20.045; 10.20.110; 10.20.185; 10.20.211 to 10.20.215; 10.20.262; 10.20.270; 10.20.350 to 10.20.385 in Chapter 10.20 entitled Dogs and Cats; and D. Section 10.36.340 to 10.36.380 in Chapter 10.36 entitled Impoundment. 8.14.030 AMENDMENTS TO LOS ANGELES COUNTY CODE. The following provisions of Title 10 of the Los Angeles County Code are amended to read as follows: 8.01 .10. Section 10.08.100. "Department" means the Monterey Park Police Department, or designee, or designee as determined by the Police Chief. 8.01.20. Section 10.08.110. "Director" means the police chief, or designee. 8.14.040 ADDITIONS TO LOS ANGELES COUNTY CODE. The following sections are added to Title 10 of the Los Angeles County Code: 8.01.10. Section 10.08.260. "Director of health services" means the police chief, or designee. 8.01.20. Section 10.08.270. "Sheriff," "sheriff deputy," and "sheriff officer" means police officer, or designee. 8.01.30. Section 10.08.280. "Tax collector" means the finance director, or designee. 8.14.050 GENERAL PENALTY: Any person violating any provision of this title is guilty of a misdemeanor unless otherwise provided in this title." SECTION 2: Title 8 of the MPMC, entitled Animals, is amended in its entirety to read as set forth in Exhibit "A," which is incorporated in its entirety as if fully set forth. SECTION 3: This Ordinance is exempt from review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., "CEQA") and CEQA Guidelines (14 California Code of Regulations §§ 15000, et seq.) in that it is not a "project" for purposes of CEQA, as that term is defined by CEQA Guidelines § 15378. Specifically, this Ordinance constitutes creation of government funding mechanisms or other government fiscal activities which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. In addition, this Ordinance is an organizational or administrative activity that will not result in a direct or indirect physical change in the environment. Further, even if this Ordinance was deemed a "project" and therefore subject to CEQA, the Ordinance would be exempt as it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. CEQA Guidelines § 15061(b)(3). SECTION 4: Repeal or amendment of any provision of the MPMC will not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before this Ordinance's effective date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance. SECTION 5: If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable. SECTION 6: The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Monterey Park's book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law. SECTION 7: This Ordinance will become effective thirty days following its passage and adoption. PASSED AND ADOPTED this _ day of ____ 2014. Hans Liang, Mayor Attest: Vincent D. Chang, City Clerk Approved as to Form: Mark D. Hensley, City Attorney By: Karl H. Berger, Assistant City Attorney Exhibit A Title 8 Animals Chapter 8.01 GENERAL PROHIBITIONS 8.01.010. Purpose. This Title 8 of the Monterey Park Municipal Code is adopted pursuant to the City's police powers, and applicable provisions of the California Code, for the purpose of protecting public health and safety; the health and safety of animals kept within the City's jurisdiction; and ensuring that the requirements of this Title 8 are enforced. 8.01.020. Definitions. Unless the contrary is stated or clearly appears from the context, the following definitions, in addition to those set forth in chapter 8.14 of this title, govern the construction of the words and phrases used in this title: A. "At large" means whenever a dog is elsewhere than on the premises of the owner or other person having the custody or control of such dog and is not restrained by a leash less than ten (10') feet in length, under the control of a person capable of controlling such dog. B. "Dog" means both male and female dogs over four months old . C. "Dog kennel" means any place where three or more canine animals are kept or permitted to remain. D. "Own" includes the terms keep, maintain, control, harbor, or possess. E. "Owner" means any natural or artificial person who owns an animal for more than fifteen (15) days. F. "Police Chief" means the police chief, or designee. G. "Potentially Dangerous Dog" means any of the following: i. Any dog which, when unprovoked, on two (2) separate occasions within the prior thirty six (36) month period, engages in any behavior that requires a defensive action by any person to prevent bodily injury when the person and the dog are off the property of the owner or keeper of the dog. ii. Any dog which, when unprovoked, bites a person causing a less severe injury than as defined in Food and Agricultural Code § 31604. iii. Any dog which, when unprovoked, on two (2) separate occasions within the prior thirty six (36) month period, has killed, seriously bitten, inflicted injury, or otherwise caused injury attacking a domestic animal off the property of the owner or keeper of the dog. H. "Vicious or dangerous animal" means any animal which has bitten a person or other animal without provocation.