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HomeMy WebLinkAbout02 - Animal Control Regulations and Shelter Contract RevisionsCITY OF NEWPORT BEACH POLICE DEPARTMENT April 28, 1997 TO: Honorable Mayor, Members of the City Coun FROM: Bob McDonell, Chief of Police COUNCIL AGENDA N0. 2 BY THE CITY COUNCIL CITY OF NEWPORT BEACH MAY 1 21%7 and -City -Manager v_.,_.. SUBJECT: Animal Control Regulations and Shelter Contract Revisions RECOMMENDATION: Approve the modifications contained in the attached staff report which will: - Modify the dangerous or vicious dog regulations Modify the wild animal permit process Revise the shelter agreement 2.g' Adopt proposed amendments to the attached Ordinance covering various sections of Chapter 7 of the Newport Beach Municipal Code, pertaining to animal reports and permits. 3. Appmve the revised shelter agreement with Dr. Bruce C. Bauersfeld, D.V.TVI., which includes a cap on fees which may be deemed reimbursable under the agreement. C-��sE- BACKGROUND: As part ®t our continuing effort to recommend modifications and/or improvets to various Municipal Code sections for which we have enforcement responsibility, Senior Animal Control Officer Eric Metz has prepared the attached staff report outlining proposed changes in the Municipal Code and a corresponding shelter agreement contract. The revisions have all been rexiieaed and approved by the City Attorney and the Administrative Services Department as well as the Public Safety Committee which approved the chanclLys� by a 3-0 today. Bob McDontll CHIEF OF POLICE ity of Newport Beac Police Department Memorandum April �1�19�7 `' TO: Bob McDonell, Chief of Police FROM: Eric Metz, Senior Animal Control Officer SUBJECT: Animal Control Regulations and Shelter Contract Revisions Several of the animal control ordinances need to be updated. These revisions will adjust certain fee schedules and enhance some Animal Control Officer (ACO) procedures. This report is recommending changes to sections 7.04.100, 7.08.010, 7.08.040, 7.12.010, 7.15.010 and 7.16.050 of the Newport Beach Municipal Code. It will also suggest modifications to the shelter contract. RECOMMENDATIONS: 1. Amendment to Chapter 7.04 pog_s The Police Department has determined that the City's Municipal Code pertaining to vicious or biting dogs should be revised to conform with current law. In 1989, after the City enacted Chapter 7.04, the California legislature adopted provisions in the Food and Agricultural Code, sections 31601 through 31646, as a comprehensive package to deal with the statewide problem of potentially dangerous and vicious dogs. Recently, the local courts have declined to prosecute cases under our present 7.04.100 NBMC section and have asked that the cases be re -filed under the Food and Agricultural Code. The City Attorney's Office uses the Food and Agricultural Code provisions to process these complaints and therefore, the Municipal Code should be updated to reflect current law and practices. The attached ordinance includes the necessary revisions to the Code to incorporate the provisions of State law. The new provisions enhance public safety because a judge will review each case filed and impose appropriate restrictions and requirements when a dog is deemed dangerous or vicious. These restrictions and requirements will "follow" the dog and owner when they move within the State. 2. Amendment to Chapter 7.08 Wild Animals Currently, the Police Department is required by existing ordinance to conduct wild animal permit inspections on animals which the California Department of Fish and Game already regulates. In addition, this ordinance requires Animal Control Regula ns and Shelter Contract Revision, Page 2 permit inspections for some animals that, by their very nature, are benign and cause far fewer problems than common domestic cats or dogs. Many of these same animals are not required to obtain a permit from the Department of Fish and Game. The proposed revisions will bring Chapter 7.08 in line with State Fish and Game regulations, specifically Title 14 Section 671 of the California Code of Regulations. The amendments will require an applicant to obtain a State Fish and Game permit first. This will eliminate the need for the Police Department to duplicate Fish and Game investigative efforts. A Newport Beach Wild Animal Permit may then be issued upon a review of the State Fish and Game permit. It will then allow the City to maintain local control by giving the final decision to issue a permit and to impose any additional conditions to the Police Chief. The amendment would also eliminate City permit requirements for animals that are not covered by the above Fish and Game regulations. 3. Amendment to Chapter 7.12 Livestock These amendments will permit miniature pot-bellied pigs less than 125 pounds within the City. Pot-bellied pigs do not generally grow to be more than 125 pounds, and do not present an enforcement problem to the animal control division. The pigs will be required to obtain a wild animal permit so that the Department can maintain control over those located in the City. 4. Amendment to Chapter 7.15 Fowl Section 7.15.010 is amended to require owners of certain birds, including those kept outdoors, to obtain a wild animal permit as well. The ordinance would cover any wild fowl or game bird such as pheasants, quail, etc., except parakeets, canaries or similar size domesticated birds. Large parrots, pea -fowl, and other inherently noisy birds would also be covered by this ordinance. 5. Amendment to Chapter 7.16 Animals at Large Section 7.16.050 is amended to provide that the impound fee for any dog or cat impounded pursuant to this code shall be established by resolution of the City Council. 6. Animal Control Shelter Agreement The existing Shelter Agreement has not been reviewed or modified since 1992. It is necessary to increase the fees for Shelter services for the first time in nearly five years. The City currently pays a fee to defray the costs of clerical services, euthanasia, animal disposal, and other operating costs. Because of cost increases in providing these services over the last five years, it is Animal Control Regulr.)ns and Shelter Contract Revisio7 Page 3 recommended the maximum amount the Shelter can bill the City for its actual costs to be increased from $2,583.33 per month to $2,928.51 per month. This increase corresponds to the requested increase from the Veterinarian and the Consumer Price Index increases in the Southern California Region for this period. The revised agreement also sets forth a schedule for future increases in this clerical and administrative fee to be based upon the Consumer Price Index and to take place annually in the month of March. The revised agreement authorizes the Shelter to increase the daily boarding fees from $7 a day to $9 a day and the quarantine boarding fee from $7 a day to $15 a day due to special quarantine requirements. The Shelter is further authorized to set adoption fees at $45, spay and neuter deposits at $10 for cats and $20 for dogs, rabies inoculations for Shelter animals at $12, and a maximum limit of $47.50 for any emergency medical treatment to any Shelter animal. Finally, the revised agreement directs the Shelter to collect and forward to the City all the dog license fees the Shelter receives and to forward a 50% share of all new impound fees recently approved by the City. All of these revisions have been reviewed and approved by the -Finance Department. ANIMAL CONTROL AGREEMENT THIS AGREEMENT, is made and entered into, effective the day of , 1997, by and between the CITY OF NEWPORT BEACH, a municipal corporation, hereinafter referred to as "City," and Veterinarian Pet Care Center of Dover Shores, Bruce C. Bauersfeld, D.V.M., Director, at 2075 Newport Boulevard, Costa Mesa, California 92627, hereinafter referred to as "Veterinarian." WITNESSETH: WHEREAS, under its Municipal Code, the City of Newport Beach is obligated to impound and keep fowl and animals found running at large; and WHEREAS, the Code requires the licensing and vaccination of dogs kept within the City; and WHEREAS, City does not have facilities suitable for impounding and keeping fowl, dogs, cats or other animals; and WHEREAS, Veterinarian has facilities for receiving and caring for fowl and animals that may be picked up running at large on the City streets, NOW, THEREFORE, the parties agree: 1. Veterinarian agrees to receive and care for any dog, cat, bird, fowl, or animal other than a horse, cow, or animal too large to be cared for in his facilities (hereinafter referred to collectively as "animal"), that is delivered to him by the City. 2. Visitors shall be permitted to view all impounded animals during normal inspection hours of 9:00 a.m. to 6:00 p.m. on Monday, through Friday; 9:30 a.m. to 3:00 p.m. on Saturday. 3. Unless claimed by the owner sooner, Veterinarian will hold any animal delivered to him for the following periods: (a) If any animal does not bear identification, said animal shall be 1 r held for a minimum of five days. This claim period shall not include the days the shelter is closed. (b) If any animal bears identification, said animal shall be held for six (6) days. This six (6) day period shall not include any day the shelter is closed. In addition, Veterinarian shall keep any animal, licensed or unlicensed, an additional twenty-four (24) hours after the claim period, at the discretion of the impounding Animal Control Officer. 4. After the claim period, Veterinarian will dispose of an animal either by selling it in accordance with the terms of Section 1208.5 of the Code of Civil Procedure, or by destroying it in accordance with Sections 7.16.020 and 7.16.060 of the Newport Beach Municipal Code, and any applicable State Law. 5. Upon redeeming an animal, the owner must pay all accrued impound, boarding, safekeeping and/or quarantine fees. Boarding and safekeeping fees shall not exceed Nine Dollars ($9) per day per animal. Quarantine fees shall not exceed Fifteen Dollars ($15) per day per animal. Veterinarian shall charge only the impound fees established by Resolution of the City Council for animals delivered to him by the City for impounding. 6. If an animal is purchased by a person who had no previous interest in the animal, Veterinarian will collect from said person accrued boarding fees not to exceed Forty-five Dollars ($45.00). If a dog or cat is purchased from the shelter by a person who had no previous interest in the dog or cat, Veterinarian will collect from said person a spay/neuter deposit as provided by, and in compliance with, Sections 30503 and 31751 of the Food and Agriculture Code. The spay/neuter deposit shall be Ten Dollars ($10) for felines and Twenty Dollars ($20) for canines. All money collected pursuant to Section 30503 shall be held by Veterinarian in a separate account, for the required periods of time. An accounting of 2 spay/neuter deposit collection and refunds with payment of uncollected deposits shall be made to the Revenue Manager monthly. Pet owners may reclaim their deposit from Veterinarian by presenting a certificate of sterilization along with a receipt for the surgery within the prescribed period. 7. In the event Veterinarian is required to dispense an inoculation against rabies to any animal delivered by City, Veterinarian shall charge a fee of not more than Twelve Dollars ($12.00) for the inoculation. The fee shall be collected from the owner or any other person to whom the animal is sold or delivered. 8. In the event Veterinarian is required to perform emergency services for any injured animal delivered to him by City, Veterinarian shall charge the City a fee of not more than forty-seven Dollars and Fifty Cents ($47.50) for said services. The fee shall be collected from the owner to whom said animal is delivered; or, in the case of an adopted animal or an unclaimed animal destroyed or disposed of by Veterinarian pursuant to this Contract, City shall pay such fee. 9. City shall pay Veterinarian a fee to defray clerical, euthanasia, disposal and other operating costs associated with the animal impound services. Veterinarian will bill City on a monthly basis for its actual costs not to exceed Two Thousand Nine Hundred Twenty Eight and Fifty One Cents ($2,928.51) per month. Said fee shall be annually adjusted each March to reflect the percentage change in the cost of doing business as measured by the Consumer Price Index (Los Angeles -Anaheim - Riverside). Veterinarian agrees that in consideration for the above monthly charge, it will hire an additional shelter employee whose duties will be dedicated to the operations of the shelter and which will include, but are not limited to, issuing dog licenses, provided public information, clerical duties and paperwork regarding the operations of the shelter, cleaning and feeding of animals housed in the shelter, along with the showing of the shelter to visitors during the hours the shelter is open 3 1 for such purposes. 10. Veterinarian shall keep records to show the date each animal is delivered to him by City, the time it is kept, the disposition of it, and the amount of fees or charges collected from the owner or person to whom it is sold or delivered. These records shall be open and available for inspection by City. All fees or charges, except dog license revenues and fifty percent of impound fees, collected by Veterinarian shall be retained by him. Dog license revenues, fifty percent of impound fees and uncollected spay/neuter deposits shall be turned over to City on a monthly basis. 11. At the end of each month, Veterinarian shall bill the City for the charges of boarding, destroying, and disposing of animals which have accrued during such month pursuant to this Contract. City shall pay the same within fifteen (15) days after the receipt thereof. 12. Veterinarian agrees to indemnify, defend, save and hold harmless City, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, suites, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, attorneys fees and court costs arising from any and all negligent action of Veterinarian, its employees, agents or subcontracts in the performance of services or work conducted or performed pursuant to this Agreement. 13. Without limiting Veterinarian's indemnification of City, Veterinarian will obtain and maintain at its own expense during the term of this Agreement policy or policies of professional liability insurance. The City shall be named as additional insured under the policy or policies of insurance. The policy or policies shall contain provisions requiring City to receive at least thirty (30) days written notice prior to the expiration, cancellation, or any material change in the provisions of any policy or policies of insurance. Such policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with the City prior to 4 C. performing any work pursuant to this Agreement. Veterinarian shall also maintain and obtain worker's compensation insurance covering all employees in amounts required by, and in compliance with, laws of the State of California. 14. City reserves the right to allow a representative of the Newport Beach Police Department to enter the premises at any reasonable time to inspect the same or any part thereof and to attend to or protect the City's interest with a procedure to terminate the Agreement if unsatisfactory conditions exist. 15. The term of this Agreement shall commence on , 1997, and shall continue thereafter; provided, however, that this Agreement may be terminated by either party, without cause, by giving one hundred twenty (120) days' prior written notice to the other party. 16. All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the second business day after the deposit thereof in the United States mail, postage prepaid, registered or certified, addressed as hereinafter provided. All notices, demands, requests or approvals from Veterinarian to City shall be addressed to City at : City of Newport Beach 3300 Newport Boulevard, P. O. Box 1768 Newport Beach, CA 92659-1768 Attention: City Manager All notices, demands, requests or approvals from City to Veterinarian shall be addressed to Veterinarian at: Dover Shores Pet Care Center 2075 Newport Boulevard Costa Mesa, CA 92627 Attention; Bruce Bauersfeld, DVM 5 r1\ IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first written above. APPROVED AS TO FORM: CITY ATTORNEY ATTEST: CITY CLERK FAcat\debbie\ag\bauersf.doc A CITY OF NEWPORT BEACH A Municipal Corporation 10 VETERINARIAN PET CARE CENTER OF DOVER SHORES By: Bruce C Director Bauersfeld, D.V.M. ORDINANCE NO. 97 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SECTIONS 7.04.100, 7.08.010, 7.08.040, 7.12.010, 7.15.010, AND 7.16.050 OF TITLE 7 OF THE NEWPORT BEACH MUNICIPAL CODE, PERTAINING TO ANIMAL REPORTS AND PERMITS. The City Council of the City of Newport Beach does hereby ordain that certain Newport Beach Municipal Code sections are amended to read, in full, as follows: SECTION 1: Section 7.04.100 of Chapter 7.04 is amended to read as follows: 7�.04.10^0�T��.Biting Dog - Report - Custody and FControl. tt--T� NOTICE. be the duty y of the Chief of P0liGe, "I�Zrll PC)liGe OffiGeFs and Upon receiving a report from any person who has been bitten by a dog, or from any person who has witnessed such occurrence, or has witnessed a dog who has bitten another dog, to a Newport Beach Animal Control Officer shall notify the owner, possessor or custodian of such the biting dog, in writing. If the Animal Control Officer believes the dog may be potentially dangerous to the community, he/she may require the owner to keep such dog at all times on the property or premises where such owner, possessor, or custodian resides, or on the property or premises of any person to whom the custody of such dog may be given, and to post a nOtiG I . :)usly on SUGh premises bearing the words "BEWARE OF DOG" in letters ^+�loast one and one half inGhes high, and to securely hold the dog or cause the dog to be securely held by a leash or other device or means, so as to prevent the dog from wandering, straying or getting beyond the control of its custodian. Ater reGein+ of c! -f£ -h nGtice, said owner, possessor or custo-dian of suGh deg shall promptly and Gentinuously thereafter GOMPly with all Fequirernents set forth said written no+iGe ' 1 r1. If the possessor or custodian of such dog cannot provide the Chief of Police r with proof of current rabies vaccination or when, in the opinion of the Public Health Officer, the situation warrants it, such dog shall be impounded at the City's animal shelter and the expense shall be borne by the owner, possessor or custodian of such dog, pending a petition pursuant to California Food and Agricultural Code &31601 et. seg to have the dog declared potentially dangerous or vicious. SECTION 2: Sections 7.08.010 and 7.08.040 of Chapter 7.08 are amended to read as follows: 7.08.010 Wild Animal Defined. The term "wild animal" shall mean and include any animal which as no nous reptile, c)r any dangerous or ViGiOus animal or reptile. may not be 7 �T 06 MIM, 119--itrZ1.121=10*1 Mi.- - -- SECTION 2: Sections 7.08.010 and 7.08.040 of Chapter 7.08 are amended to read as follows: 7.08.010 Wild Animal Defined. The term "wild animal" shall mean and include any animal which as no nous reptile, c)r any dangerous or ViGiOus animal or reptile. may not be 7 �T Section 671 or its successor re ulations. This section shall not be construed to include domestic dogs or cats. 7.08.040 Permit for Keeping Wild Animals. A. REQUIRED. Except as hereinafter provided, no person shall keep, maintain, or have in his possession within the City of Newport Beach any wild animal without first obtaining from the City of Newport Beach a permit to keep such wild animal, . No poisonous reptile nor any B. APPLICATION. An application for a permit required pursuant to this section shall annually be made in writing to the City Manager upon a form furnished by the City, and shall be accompanied by an application fee in the an amount of € set by Resolution of the Citv Council The application shall be verified by the person who desires to keep, maintain or have in his possession, or under his control, in the City, the wild animal for which a permit is required, and shall set forth the following: 1. Name, address and telephone number of the applicant. 2. The applicant's interest in such wild animal. 3. The proposed location, and the name, address and telephone number of the owner of such location, and of the lessee, if any. 4. The number and general description of all wild animals for which the permit is sought. K, 5. Any information known to the applicant concerning vicious or dangerous propensities of all such wild animals. 6. The housing arrangement for all such wild animals, with particular details as to safety of structure, locks, fencing, etc. 7. Safety precautions proposed to be taken. 8. Noises or odors anticipated in the keeping of such wild animals. 9. Prior history of incidents involving the public health or safety involving any of the wild animals. 10 A copy of the permit issued by California Department of Fish and Game for keeping such wild animal. a8 11. Any additional information required by the City ManaW Chief of Police at the time of filing such application or thereafter. C. CONDITIONS -- ISSUANCE. The City Manager Chief of Police may issue a permit, valid for one year, for the keeping of any wild animal if he determines that 1 such animal may be kept or maintained without menacing the safety of any person or property; provided, however, that the City Manager may impose such conditions in granting a permit as he may deem necessary to protect the public and may limit the term of such permit. D. NOTICE OF ACTION. The applicant shall be notified in writing of the action of the City Manager Chief of Police in either granting or denying the permit and, if the application has been denied, the notice shall advise the applicant of his right to appeal to the City Council. Service of the notice may be made by personal service or by registered mail. If service is made by mail, it shall be deemed complete upon deposit in the United States' Mail directed to the applicant at his latest address shown on the application. SECTION 3: Section 7.12.010 of Chapter 7.12 is amended to read as follows: 4 �x 7.12.010 Keeping of Livestock. (a) No person shall keep any cow, pig, goat, horse, mule, poultry or any other animal Rot commonly considered livestock pet within the City except where specifically permitted under the provisions of Title 20, Planning and Zoning, of this Code. (b) Miniature pot-bellied Dias weighing not more than 125 pounds and registered with a nationally recognized miniature pig association shall not be considered livestock. Any person wishing to keep a miniature ot-bellied Pig shall first obtain a wild animal ermit pursuant -to Section 7.08.040 exce t the a licant will not be required to obtain a California Fish and Game Permit Each miniature pot bellied pia shall be spayed or neutered and a certificate of proof thereof shall be provided Drior to issuance of a Wild Animal Permit SECTION 4: Section 7.15.010 of Chapter 7.15 is amended to read as follows: 7.15.010 Birds. No person shall keep or maintain in a cage or aviary out-of-doors within any residential district in the City of Newport Beach any wild fowl or game bird except parakeets, canaries or similar size domesticated birds without first obtaining a permifrern the City Manager t Newport Beach Wild Animal Permit as provided in Section 7.08.040 of the Newport Beach Municipal Code.,_ except any person complying with this Section shall not be re uired to obtain a California De artment of Fish and Game Permit. SECTION 5: Section 7.16.050 of Chapter 7.16 is amended to read as follows: 5 7.16.050 Impound Fees. The impounding fee for each dog or cat impounded pursuant to the provisions of this Code shall be Ten r)nll;;rS ($10.00 set by Resolution of the City Council.L,-� impounding fee for any bird, fowl, reptile, or other animal net otherwise herei provided shall be Five DallaFs ($5.00). in addition to the impound fee, there shall be a R. ! •! _ - SECTION 6: If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. SECTION 6: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the same to be published once in the official newspaper of the City, and it shall be effective thirty (30) days after its adoption. SECTION 7: This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, held on the day of , 1997, and adopted on the day of , 1997, by the following vote, to wit: \\1 ATTEST: CITY CLERK AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS kLAY, to].