SECOND READING AND ADOPTION
ORDINANCE NO.
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
SECTIONS IN TITLE 6 OF THE CHULA VISTA MUNICIPAL
CODE RELATING TO STRAY HOLDING PERIODS AND
HARBORING STRAYS
WHEREAS, in 2012 the City Council adopted Ordinance 3226, introducing a stray hold for dogs and cats of 4 business days, not including day of impoundment; and
WHEREAS, State-mandated stray holds, upon repeal of unmandated sections of Hayden’s Law, require a 72-hour stray hold for dogs and cats; and
WHEREAS, Hayden’s Law requires, pursuant to California Food and Agriculture section 31108 and 37152, that stray dogs and cats be held for owner redemption for at least three days, not including the day of impoundment; and
WHEREAS, the proposed amendment Chula Vista Municipal Code Section 6.12.042 would bring local municipal codes into congruence with state codes; and
WHEREAS, in 1976 the Chula Vista City Council adopted Ordinance 1706, introducing a requirement to “turn over” stray dogs to the Animal Shelter within 24 hours; and
WHEREAS, technologies now exist to aid in the reunification of pets and families within and by the community with statistical data proving higher rates of return within the community; and
WHEREAS, return rates in shelter have decreased with cost to reclaim cited as a common reason not to reclaim; and
WHEREAS, the proposed amendment to Chula Vista Municipal Code Section 6.24.190 would bring the regulations into congruence with national sheltering standards.
NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows:
Section I. Chula Vista Municipal Code Sections 6.12.042 and 6.24.190 are hereby amended as follows:
6.12.042 Impound holding period for cats and dogs
A. The required holding period for a stray dog/cat impounded pursuant to this chapter shall be a minimum of three days, not including the day of impoundment.
[Subsection B remains unchanged.]
Ordinance No.
Page No. 2
6.24.190 Found strays – notification to the Chula Vista Animal Care Facility required.
Any person finding a lost or stray dog shall notify the Chula Vista Animal Care Facility within 72 hours.
Section II. Severability
If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional.
Section III. Construction
The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent.
Section IV. Effective Date
This Ordinance shall take effect and be in force on the thirtieth day after its final passage.
Section V. Publication
The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law.
Presented by Approved as to form
By:
John Skeel Jill D.S. Maland
Director of Animal Services Lounsbery Ferguson Altona & Peak Acting City Attorney