Item No. 9
Town of Atherton
2452613.2 14537.009
CITY COUNCIL STAFF REPORT – PUBLIC HEARINGS
TO: HONORABLE MAYOR AND CITY COUNCIL
GEORGE RODERICKS, CITY MANAGER
FROM: MONA EBRAHIMI, CITY ATTORNEY
DATE: DECEMBER 20, 2023
SUBJECT: WAIVE THE FIRST READING AND INTRODUCE BY TITLE ONLY, AN ORDINANCE REPEALING AND REPLACING CHAPTER 6.04 –
ANIMAL CONTROL
RECOMMENDATION
It is recommended that the Council waive the first reading and introduce by title only, an Ordinance repealing and replacing Chapter 6.04 (Animal Control) of Title 6 of the Atherton Municipal Code) to clarify existing definitions, enact additional requirements for animal control, and revise the fees for animal control services.
BACKGROUND
Chapter 6.04 of the Atherton Municipal Code contains regulations regarding animal control within the Town of Atherton. The animal control regulations are in place to protect the health and safety the Town’s residents.
Historically, the Town and nineteen other cities in San Mateo County have contracted with the County of San Mateo for animal control services through an animal control services agreement. The County in turn provides these services through an agreement with the Peninsula Humane Society.
The Animal Control and Licensing Program Manager, of San Mateo County Health, informed each of the Cities within the County that a process would begin to revise and update the Animal Control Ordinances, and invited all to participate in the discussion and development process. From that open invitation, the Program Manager worked with a committee of five (5) City Attorneys, representing South San Francisco, Millbrae, Pacifica, Half Moon Bay and Redwood City, as well as the County Attorney’s Office, and with ongoing input from the Peninsula Humane Society & SPCA (including their counsel), to develop a Draft Animal Control Ordinance representative of all key stakeholders (the County, Cities, and the contractor animal control agency) of San Mateo County animal control.
The committee of stakeholders identified opportunities to clarify existing language, remove repetitive language, and add substantive changes to the existing ordinances, with an emphasis on increasing efficiency in enforcement, clarifying language deemed confusing, and addressing deficiencies that Animal Control & Licensing
December 15, 2023
2452613.2 14537.009
had emerged after years of experience and enforcement under the current Chapter 6.04. The intent of the revised Chapter 6.04 is enhanced enforceability, streamlined processes, clarity in definitions based on real-world experience, and above all else, public safety.
As part of the development process, the Program Manager undertook a comprehensive study of other jurisdictions within California and in some circumstances sought feedback from those jurisdictions on how certain elements worked or did not work. The Program Manager carefully considered input from all relevant parties (including the Cities within the County) to draft a proposed Ordinance which reflects the interests of all stakeholders.
That ordinance was then reviewed by staff and the city attorneys of all contracting cities, including the Town of Atherton.
ANALYSIS
The following are the key provisions of the proposed ordinance updating Chapter 6.04:
• Updates existing definitions to improve enforcement capabilities and remove potential areas of confusion, particularly as relates to “Dangerous” and “Vicious” animal designations within the County.
• Lowers the rabies vaccination age requirement as consistent with current state law. • Updates language and enforcement regarding “Vicious” animals. An animal designated as “Vicious” is, in many circumstances, to be humanely euthanized. The proposed code raises the threshold for when an animal may be declared “Vicious” (and thus is to be euthanized) as is consistent with current standards and practical enforcement. For offending animals deemed a significant danger to the public, a “Vicious” animal designation is still applicable. • Updates language and enforcement regarding “Dangerous” animals. An animal designated as “Dangerous” is one which has exhibited behavior which indicates that heightened safety requirements for the keeping of such animal are required to ensure public protection. The proposed revised Chapter 6.04 revises and clarifies the threshold for when an animal may be designated as “Dangerous.” Currently, a Dangerous animal designation remains for the life of the animal; under the proposed revisions, an owner may apply for the designation to be lifted after a period of three (3) years if it has been safely maintained under the permit, removing the need for County oversight and enforcement. The Program Manager has found that most animals deemed “Dangerous” (about 90%) do not re-offend, and that the lifting of designations for animals deemed no longer a danger to the public is consistent with other jurisdictions, as well as state recommendations under the California Food and Agriculture Code.
Animal Control & Licensing
December 15, 2023
2452613.2 14537.009
• Removes language indicating that an animal owner may not maintain a “Dangerous” animal in a home with a juvenile person under the age of eighteen (18). The committee could not find any other jurisdiction that had this restriction in an ordinance and is not aware of any instance in which it had actually improved public safety or in which it was enforceable. • Revises and updates the fee schedule and further clarifies the offenses for which administrative citations may be issued for violations of the Chapter.
ENVIRONMENTAL CONSIDERATIONS
The proposed Ordinance is exempt from environmental review under the California Environmental Quality Act, Public Resource's Code section 21000 et seq. ("CEQA") pursuant to CEQA Guidelines Section 15061(b)(3) as it can be seen with certainty that the project has no potential for causing a significant effect on the environment.
FISCAL IMPACT
The proposed Ordinance does not involve or authorize and direct any new expenditures.
PUBLIC NOTICE
Public notification was achieved by posting the agenda, with this agenda item being listed, at least 72 hours prior to the meeting in print and electronically. Information about the project is also disseminated via the Town’s electronic News Flash and Atherton Online. There are approximately 1,200 subscribers to the Town’s electronic News Flash publications. Subscribers include residents as well as stakeholders –to include, but be not limited to, media outlets, school districts, Menlo Park Fire Protection District, service provides (water, power, and sewer), and regional elected officials.
COMMISSION/COMMITTEE FEEDBACK/REFERRAL
This item has not been before a Town Committee or Commission
ATTACHMENTS
1. Draft Ordinance