Business Agenda Item 5c
STAFF REPORT
Business Agenda Item
DATE: June 15, 2026
TO: Honorable Mayor and Council Members
FROM: Matthew Eberhardt, Interim Chief of Police
THROUGH: Amy Nilsen, City Manager
SUBJECT: Introduction and First Reading of Ordinance 2026-786, Amending Chapter
6.04.050 of the Fortuna Municipal Code to Revise Enforcement and Penalty Provisions for Animal Control Violations
STAFF RECOMMENDATION:
Introduce and conduct a first reading, by title only, of Ordinance 2026-786, which proposes revisions to the penalty and enforcement provisions for animal control violations.
EXECUTIVE SUMMARY:
The Police Department is requesting a revision to Fortuna Municipal Code Title 6 Animals, code section 6.04.050 Penalty for Violations. The proposed revision would amend the municipal code to authorize the issuance of correctable citations for certain animal control violations under Fortuna Municipal Code Title 6.
Under the current municipal code, individuals cited for violations of Title 6 Animals are generally required to appear before the Humboldt County Superior Court, where penalties are determined in accordance with the California Bail and Penalties Fee Schedule.
The proposed amendment would allow certain violations to be treated as correctable violations, providing pet owners with the opportunity to remedy the issue prior to court proceedings. Upon proof of correction within thirty (30) days of issuance, the citation may be signed off by an Animal Control Officer or any sworn officer of the Fortuna Police Department.
DISCUSSION:
Under the existing municipal code, employees issuing animal control citations do not currently have the authority to issue a correctable citation. Citations issued under the current code generally require both the cited individual and the issuing employee to appear before a magistrate at the Humboldt County Superior Court in Eureka, California. Penalties are determined by the court utilizing the California Bail and Penalties Fee Schedule.
Currently, staff attempts to resolve violations through education, warning letters, and warning citations prior to issuing formal citations. Once formal citations are issued, both the cited individual and the issuing employee are generally required to appear in court, which may reduce staff availability for field and community services.
Business Agenda Item 5c
The proposed amendment would provide an additional enforcement option that encourages voluntary compliance while reducing unnecessary court appearances for minor violations.
For example, individuals cited for violations such as failing to license or register a dog could be issued a correctable citation requiring proof of compliance within thirty (30) days. Once proof of correction is provided, the citation may be signed off by the Animal Control Officer or a sworn officer of the Fortuna Police Department in lieu of requiring a court appearance. Correctable citations processed through the court may still include a processing fee through the courts, though not a standard fine amount associated with non-corrected violations.
Correctable citations are utilized successfully by the department for certain Vehicle Code violations, and staff anticipate similar compliance benefits for applicable animal control violations.
FISCAL IMPACT:
No fiscal impacts are anticipated. The proposed amendment may improve operational efficiency by reducing staff time associated with court appearances while increasing staff availability for community services and encouraging voluntary compliance with animal code regulations.
ALTERNATIVES TO STAFF RECOMMENDATIONS:
Deny the proposed ordinance amendment – Not recommended.
Denial of the proposed amendment would maintain the current Municipal Code language, continuing to require court appearances for both cited individuals and staff for violations that may otherwise be resolved through corrective action.
RECOMMENDED COUNCIL ACTION:
1. Receive staff report and review questions with staff;
2. Open Public Comment
3. Close Public Comment
4. Motion to introduce and conduct a first reading of Ordinance 2026-786, read by title only and continue the public hearing to July 20, 2026, for the second reading and adoption. Roll Call vote.
ATTACHMENTS:
Attachment A: Ordinance 2026-786, An Ordinance of the City Council of the City of Fortuna California, Amending Title 6 – Animals of the Fortuna Municipal Code by Revising Chapter 6.04– General Provisions Ordinance