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July 11, 2023
ITEM TITLE
Animal Regulations: Place an Ordinance on First Reading Amending Animal Regulations Related to Stray Holding Periods and Harboring Strays
Report Number: 23-0148
Location: No specific geographic location
Department: Animal Care
Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Notwithstanding the foregoing, the activity qualifies for an Exemption pursuant to Section 15061(b)(3) of the California Environmental Quality Act State Guidelines.
Recommended Action
Place an ordinance on first reading amending Chula Vista Municipal Code Sections 6.12.042 and 6.24.140 to reduce the minimum holding period for stray cats and dogs from four business days to three days and to remove the prohibition against harboring a lost or stray dog. (First Reading)
SUMMARY
The proposed ordinance amendment is intended to bring the Chula Vista Stray Hold Ordinance in line with State law and to increase animal reclaim/reunification with the assistance of the community. Adoption of the ordinance would reduce the period a stray cat or dog would be held from four days to a minimum of three days, not including the day the animal was impounded. It would also remove the prohibition against harboring a stray dog and require notification to the Chula Vista Animal Care Facility within 72 hours when a lost or stray dog is found.
ENVIRONMENTAL REVIEW
The Director of Development Services has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because the proposed activity consists of a governmental P a g e | 2
fiscal/administrative activity which does not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable
DISCUSSION
The proposed ordinance is intended to 1) bring Chula Vista’s stray holding period in line with State law, and 2) to increase animal reclaim/reunification with the assistance of the community.
Stray Holding Period for Cats and Dogs
Background. The stray hold period for cats and dogs was increased following Hayden’s Law of 1998 (law summary included as Attachment 2). The intent was to reduce euthanasia rates and provide animals more time to be reunited with their families. The State hold was increased from 72 hours to four to six days, depending on the hours of operation and staffing of the shelter. At that time, the State was responsible for funding the additional costs municipal shelters incurred; however, following the recession of 2009/2010 funding was removed, thereby making parts of Hayden’s Law “unmandated ,” including the extended stray hold period.
To this da y, Governors have chosen other funding routes in attempts to reduce euthanasia but have not reinstated the stray hold for Hayden’s Law, allowing for the original 72 -hour stray hold remain in effect.
Increasing the stray hold period was not effective in reducing euthanasia systematically, and mainly resulted in stressed animals and crowded shelters. As a three day (72 hour) owner redemption hold is required pursuant to California Food and Agriculture Code sections 31108 and 37152 for stray dogs and cats, an overall minimum three day hold for impounded stray dogs and cats is appropriate to conform with applicable state laws.
Chula Vista Statistics. Chula Vista Animal Services has been part of the San Diego Animal Welfare Coalition for nearly a decade, with st ringent guidelines created by shelter administrators, behavior and medical staff determining what truly qualifies as “untreatable," "unmanageable” or a “public safety risk.” With Chula Vista Animal Services’ participation, San Diego County reached “zero eu thanasia of treatable animals” in July of 2015 and has maintained this since.
Chula Vista’s save rate, per Best Friends records, is 89%. This is not attributable to longer stray holds, as the average time to reclaim from Chula Vista Animal Care Facility ( CVACF) is 2.09 days. This statistic shows reducing the stray hold period does not impinge on reclaims.
Anticipated Result of Reduced Hold Periods. Reducing the hold periods will allow staff to provide quicker care, both for medical cases and animals experi encing extreme stress. It will also improve the live releases by reducing the stress experienced by animals in the shelter environment, while ensuring the animals that remain in our care are the ones that truly need our services. This is backed by leading organizations in animal sheltering, including CalAnimals and UC Davis Koret Shelter Medicine. Staff recommends reducing the stray hold period from four business days to three days, not including day of impoundment.
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Harboring Stray Dogs
Background. The current municipal code regarding harboring stray dogs was adopted in 1976. At that time, impounding, or taking physical control, of a stray animal and housing them in one central location was the only viable option for reunification with their owners . Technologies now exist that community members readily integrate into their daily lives that have proven to be very successful in reuniting lost pets with their owners.
Shelters are inherently stressful for both animals and pet parents , and pets are often found within a small radius of home. Pets will likely reunite with their families quickly if they are not removed from the area.
Chula Vista Statistics. Current statistics reflect that only having one central location for housing and reunification is no longer the only viable (or best) option. National averages for Return to Owner (RTO) are between 10 and 30%. Chula Vista Animal Services ’ average RTO for dogs was 39% in 2022 and is 35% for 2023, year to date (detail provided in Attachment 3). Community members utilizing social media, websites, and apps, primarily PawBoost and Nextdoor, are reuniting as many as 65-76% of dogs locally.
Anticipated Result of Removing the Prohibition of Harboring a Dog for More than 24 Hours. Staff report that some pet families choose not to reclaim based upon associated costs, instead choosing to leave the dog at the shelter. Increases in shelter population result in increased stress, increased disease risk, increased cost of care, and reduction in adoptions. With dogs staying in shelters for over a year, increasing options to reunite outside of the shelter will prevent increases in shelter population.
Updating the Municipal Code to reflect the current abilities of our society to increase reunification by as much as double that of a shelter benefits both the animals and the community. Staff recommends removing the prohibition against harboring a stray dog and require immediate notification to the animal shelter when a lost or stray dog is found.
DECISION-MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the real property holdings of the City Councilmembers do not create a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.).
Staff is not independently aware and has not been informed by any Councilmember, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter.
CURRENT-YEAR FISCAL IMPACT
There is no current year fiscal impact.
ONGOING FISCAL IMPACT
There is no ongoing fiscal impact.
ATTACHMENTS
1. Redline Version of Municipal Code Revisions
2. Hayden’s Law
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3. Reunification Statistics
Staff Contact: John Skeel, Director of Animal Services
Ashley Milo, Facility Supervisor