CITY OF MORRO BAY
QUARTERLY PORTFOLIO PERFORMANCE
12/31/2024
QUARTERLY PERFORMANCE COMPARISON - PORTFOLIO VS LAIF
9/30/2023 12/31/2023 3/31/2024 6/30/2024 9/30/2024 12/31/2024 Portfolio - weighted average rate of earnings 3.521% 3.724% 4.074% 4.270% 4.428% 4.303% LAIF - quarterly earnings rate 3.590% 4.000% 4.300% 4.550% 4.710% 4.620% Portfolio over -(under) LAIF -0.070% -0.280% -0.230% -0.280% -0.282% -0.317%
PUBLIC AGENCY RETIREMENT SERVICES (PARS) - LEAGALLY RESTRICTED INVESTMENTS EXCLUDED FROM WEIGHTED PORTFOLIO PARS OPEB Public Agency Retirement Services 2,614,175 -2.83% DAILY DAILY 1 PARS Pension
Trust Public Agency Retirement Services 3,008,554 -2.61% DAILY DAILY 1 5,622,729
CHANGES FROM PRIOR QUARTERLY REPORT
MATURED INSTRUMENTS PAR PURCHASE INTEREST PURCHASE MATURITY
CERTIFICATES OF DEPOSIT VALUE PRICE RATE DATE DATE
U.S. OBLIGATIONS
U.S. TREASURY BILLS
91282CFQ9 US Treasury Notes 1,000,000 996,718 4.375% 10/31/2022 10/31/2024 TOTAL MATURED VALUE 996,718
NEW INSTRUMENTS PURCHASE INTEREST PURCHASE MATURITY
CERTIFICATES OF DEPOSIT PRICE RATE DATE DATE
U.S. OBLIGATIONS
U.S. TREASURY NOTES & BONDS
TOTAL NEW INSTRUMENTS -
Portfolio holdings as of the quarter ended Dec 31, 2024, are in compliance with the current Investment Policy. With 85.312% of the portfolio held in liquid instruments, allowing the City to meet cash flow needs for at least six months, in compliance with the investment policy approved by the City Council in Dec 2024. The investment policy will be updated annually as required by state law.
Prepared By: ___YK_______ Dept Review: ________
City Manager Review: _YK_______ City Attorney Review: _________ Staff Report
TO: Honorable Mayor and City Council DATE: February 6, 2025 FROM: Yvonne Kimball, City Manager
Spencer Street, Townsend Public Affairs
SUBJECT: Receive and file letter of support for Assembly Bill 303 (Addis)
RECOMMENDED ACTION
Receive and file letter of support for proposed legislation Assembly Bill (AB) 303, the Battery Energy Safety and Accountability Act (Addis).
ALTERNATIVES
No alternatives are recommended.
FISCAL IMPACT
None.
BACKGROUND
AB 303 was introduced by Assemblymember Dawn Addis following the fire at Vistra’s Moss Landing BESS facility. In its current form, the proposed legislation, among other things, seeks to create siting requirements for potentially hazardous battery energy storage system (BESS) facilities.
Briefly, the bill:
1. Eliminates the authority of the Energy Commission to approve any pending or future battery energy storage system (BESS) projects that seek opt-in certification created by AB 205, and returns certification authority to local jurisdictions.
2. Creates new setback requirements for any BESS project which prohibit any BESS from being sited within 3,200 feet of a sensitive receptor (e.g., residences, schools, community centers, health care facilities) or on an environmentally sensitive site.
3. Contains an urgency clause, meaning the bill would go into effect immediately upon being signed into law.
AB 303 in its current form is consistent with the City’s legislative platform to preserve local control on local issues. It would essentially expand local government’s access to plan and process clean energy projects. AB 303 would effectively return certification and siting authority to local governments like Morro Bay. The bill also enhances siting requirements by prohibiting the development of battery energy storage system projects within 3,200 feet of a sensitive receptor. Additionally, City recently AGENDA NO: 7.g
MEETING DATE: February 11, 2025
adopted Ordinance No. 668, an urgency ordinance to impose a prohibition on application, acceptance approval, commencement establishment operation, relocation or expansion of BESS within the city limits. Ord. 668 aligns with AB 303’s broad objectives to restore local control and enhance siting requirements for BESS projects.
The City’s letter of support is provided as Attachment 1, further information and the current version of the proposed legislation are provided as Attachments 2 and 3, respectively.
ATTACHMENTS
1. AB 303 (Addis) City Letter of support
2. AB 303 Fact Sheet provided by the Office of Assemblymember Addis
3. AB 303 Proposed Legislation (version showing changes to existing Gov code)
Updated February 4, 2025
SUMMARY
AB 303, the Battery Energy Safety and
Accountability Act, promotes climate justice by
uplifting the voice of local Californians and
creating common-sense siting requirements for
potentially hazardous battery energy storage
system (BESS) facilities.
AB 303 recognizes that utility-scale battery
energy storage has played an important role in
meeting California’s energy goals and solving the
climate crisis. It ensures that we do not repeat
mistakes of the past that allowed industry to
bypass local communities to site energy projects
in sensitive areas where they caused harm to
human and environmental health. It also stands
firm against the federal attacks on environmental
regulation.
This bill does two simple things: 1) restores
community input to the BESS permitting process,
and 2) establishes reasonable setbacks for
BESS facilities from areas such as schools,
homes, hospitals, prime agricultural land, and
environmentally sensitive habitat.
BACKGROUND
To effectively address the climate crisis,
California has invested in utility-scale BESS.
BESS typically uses multiple lithium-ion batteries
to take and store energy from the grid at low
demand times, and releases it during high
demand. According to the California Energy
Commission (CEC), “California is a world-leader
in energy storage with the largest fleet of
batteries…”
BESS capacity has increased 3,160% between
2018 and 2024 via the local permitting
processes, showing that local permitting is
effective. However, in 2022, the Legislature
introduced and passed a budget trailer bill, AB
205 in the last 72 hours of the legislative session.
This bill needlessly takes away local voice by
giving utility-scale BESS developers the ability to
seek streamlined permits via the CEC’s Opt-In
Certification Program. The CEC permit overrides
the local land use authority and most state
permits, silencing local Californians who may
have justified concerns about potentially
dangerous BESS projects. Developers are
currently using the CEC Opt-in Certification
Program in Fresno, Imperial, Orange, Alameda,
and San Bernardino Counties. Vistra Energy has
publicized its plan to use the process in San Luis
Obispo County in April 2025.
Although they can cause toxic, out of control
fires, utility-scale BESS projects do not have
siting requirements to buffer them from sensitive
wildlife like endangered otters, or sensitive areas
such as estuaries, prime agricultural land,
schools, homes, and other environmentally
fragile ecosystems.
PROBLEM
A series of dangerous incidents at BESS facilities
across California has raised serious concerns
about the volatility of BESS technology. While
safety standards are being enhanced, due to the
risk of toxic fires that cannot be extinguished, it is
clear that streamlined permitting and siting near
sensitive locations and habitats is not appropriate
for BESS projects.
Toxic Fires Cannot be Extinguished
Lithium-ion batteries can experience thermal
runaway, or uncontrolled overheating, that can
cause the batteries to catch fire or explode.
Lithium-ion battery fires cannot be extinguished
with water. This is true of both “older” NMC
AB 303: Battery Energy Safety and Accountability Act
Updated February 4, 2025
(Nickel Manganese Cobalt) and “newer” LFP
(Lithium Iron Phosphate) batteries. Although
opponents of AB 303 claim the industry is
trending towards the less flammable LFP
batteries, the bottom line is that “older” and
“newer” technology may erupt into uncontrolled
fire. When they burn, lithium-ion batteries may
also release hydrogen fluoride that, according to
the Centers for Disease Control (CDC), can
cause death from an irregular heartbeat or fluid
buildup in the lungs. Local Californians should
have a voice in the sitting of these potentially
hazardous projects in their communities.
In 2025 a fire at Vistra Energy Moss Landing
burned for six days, blanketing the nearby
estuary with toxic heavy metals. According to
University of California, Santa Cruz scientists,
these metals may affect the endangered otters
who live in the estuary and could be ingesting the
metals when they lick their fur to groom.
Because lithium-ion batteries become unstable
when they interact with water, their fires cannot
be extinguished. Fire officials must let them burn
out on their own because dousing with water can
cause a fire to spread or trigger an explosion.
Serious Safety Incidents across California
According to the CEC, there have been ten major
BESS safety incidents in the last five years. In
January 2025, a major fire broke out at Vistra
Energy’s BESS facility in Moss Landing, forcing
more than 1,500 local residents to evacuate. The
incident closed Highway 1, impacted local
businesses, dumped toxic heavy metals into
nearby otter habitat, and put prime agricultural
lands and the community at risk.
This was not the first BESS fire at Moss Landing:
In 2022, the PG&E Elkhorn Energy Battery
Storage Facility caught fire triggering a Highway
1 closure and shelter-in-place advisory. Vistra
Energy’s Moss Landing facility experienced two
prior safety incidents in 2021 and 2022.
In San Diego County a 2024 Fire broke out at LS
Power’s Gateway Energy Storage facility, a
lithium-ion battery energy storage facility in Otay
Mesa. According to CAL FIRE, evacuation orders
were issued due to potential poisonous vapors or
explosions. Later that year, another fire ignited at
SDG&E’s Northeast Operations Center, a lithiumion battery energy storage facility in Escondido, forcing the evacuation of more than 500
businesses and 1,500 homes.
In the wake of these emergencies, the San Diego
County Board of Supervisors directed county fire
officials to enforce stricter rules on where battery
energy storage facilities can be located.
Despite Lacking Safety Vistra Aims To
Expand
Despite numerous serious safety incidents, Vistra
Energy is actively pushing to expand its
operations in the state, circumventing the local
permitting process and ignoring concerns from
residents.
In 2021, Vistra applied to build a BESS facility
sandwiched between endangered otter habitat;
Morro Rock, which is sacred to the Chumash and
Salinan people; and the town’s economic center,
the Embarcadero waterfront. When local
residents voiced concern, Vistra notified the City
it would pull back from the local permitting and
instead seek streamlined approval, silencing
thousands of Californians who live in Morro Bay.
SOLUTION
AB 303 will move California’s energy and climate
goals forward while ensuring climate justice for
all Californians. If enacted, AB 303 will uplift local
communities and create sensible siting
requirements for potentially hazardous BESS.
AB 303 is a common-sense approach to moving
important BESS facilities forward. It does two
simple things: 1) restores BESS permitting
authority to local Californians, and 2) establishes
reasonable setbacks of 3,200 feet from sensitive
areas such as schools, homes, hospitals, prime
agricultural land, and environmentally sensitive
habitat. AB 303 will move our clean energy
solutions forward while simultaneously honoring
local Californians who bear the brunt of needed
utility-scale battery energy storage systems.
CONTACT
Kylie Baranowski, Legislative Director
916-319-2030 | [email protected]
As Amends the Law Today
AB-303 Battery energy storage facilities. (2025-2026)
SECTION 1. Chapter 14 (commencing with Section 66350) is added to Division 1 of Title 7 of the Government Code, to read:
CHAPTER 14. Energy Storage Systems
66350. For purposes of this chapter, the following definitions apply:
(a) “Battery energy storage system” means an energy storage system, as defined in Section 2835 of the Public Utilities Code, that is capable of storing 200 megawatthours or more of energy and uses battery technology to store the energy.
(b) “Environmentally sensitive site” means any of the following:
(1) (A) An area of the coastal zone subject to paragraph (1), (2), or (3) of subdivision (a) of Section 30603 of the Public Resources Code.
(B) An area of the coastal zone that is not subject to a certified local coastal program or a certified land use plan. (C) An area of the coastal zone that is vulnerable to five feet of sea level rise, as determined by the National Oceanic and Atmospheric Administration, the Ocean Protection Council, the United States Geological Survey, the University of California, or a local government’s coastal hazards vulnerability assessment. (D) A parcel within the coastal zone that is not zoned for multifamily housing. (E) A parcel in the coastal zone and located on either of the following:
(i) On, or within a 100-foot radius of, a wetland, as defined in Section 30121 of the Public Resources Code. (ii) Prime agricultural land, as defined in Section 30113 of the Public Resources Code. (2) Prime farmland or farmland of statewide importance, as defined pursuant to United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the Department of Conservation, or land zoned or designated for agricultural protection or preservation by a local ballot measure that was approved by the voters of that jurisdiction.
(3) Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993). (4) A parcel in a very high fire hazard severity zone, as determined by the State Fire Marshal pursuant to Section 51178.
(5) A hazardous waste site that is listed pursuant to Section 65962.5 or a hazardous waste site selected by the Department of Toxic Substances Control pursuant to Section 78765 of the Health and Safety Code, unless either of the following apply:
(A) The site is an underground storage tank site that received a uniform closure letter issued pursuant to subdivision (g) of Section 25296.10 of the Health and Safety Code based on closure criteria established by the State Water Resources Control Board for the use of the site as an energy storage facility. This subparagraph does not alter or change the conditions to remove a site from the list of hazardous waste sites listed pursuant to Section 65962.5.
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(B) The State Department of Public Health, State Water Resources Control Board, Department of Toxic Substances Control, or a local agency making a determination pursuant to subdivision (c) of Section 25296.10 of the Health and Safety Code, has otherwise determined that the site is suitable for energy storage uses. (6) A parcel within a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2. (7) A parcel within a special flood hazard area subject to inundation by the 1 percent annual chance flood (100- year flood) as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency, except if the parcel satisfies either of the following conditions:
(A) The site has been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction.
(B) The site meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program pursuant to Part 59 (commencing with Section
59.1) and Part 60 (commencing with Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations.
(8) A parcel within a regulatory floodway as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency, unless the parcel has received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations. (9) Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural resource protection plan. (10) Habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C.
Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code).
(11) Lands under a conservation easement.
(c) “Sensitive receptor” means any of the following:
(1) A residence, including a private home, condominium, apartment, or living quarter. (2) An education resource, including a preschool, school maintaining transitional kindergarten, kindergarten, or any of grades 1 to 12, inclusive, daycare center, park, playground, university, or college. If a university or college is the only sensitive receptor within 3,200 feet of the development, the university or college is not a sensitive receptor if the development proponent demonstrates to the satisfaction of the public agency with jurisdiction over the development project that no building with nominal daily occupancy on the university or college campus is located within 3,200 feet of the development project.
(3) A community resource center, including a youth center. (4) A health care facility, including a hospital, retirement home, or nursing home. (5) Live-in housing, including a long-term care hospital, hospice, prison, detention center, or dormitory. (6) A building housing a business that is open to the public. 66351. A development project that includes a battery energy storage system shall not be authorized if the development project is located on either of the following:
(a) A site that is within 3,200 feet of a sensitive receptor. (b) An environmentally sensitive site.
66352. The Legislature finds and declares that this chapter addresses a matter of statewide concern rather than a Today's Law As Amended - AB-303 Battery energy storage facilities. https://leginfo.legislature.ca.gov/faces/billCompareClient.xhtml?bill_i... 2 of 3 2/5/2025, 3:43 PM
municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this chapter applies to all cities, including charter cities.
SEC. 2. Section 25545 of the Public Resources Code is amended to read:
25545. For purposes of this chapter, the following definitions apply:
(a) “California Native American tribe” has the same meaning as set forth in Section 21073. (b) “Facility” means any of the following:
(1) A solar photovoltaic or terrestrial wind electrical generating powerplant with a generating capacity of 50 megawatts or more and any facilities appurtenant thereto. (2) An (A) Except as provided in subparagraph (B), an energy storage system as defined in Section 2835 of the Public Utilities Code that is capable of storing 200 megawatthours or more of energy. (B) “Energy storage system” does not include a battery energy storage system. The commission shall deny an application for a battery energy storage system that is pending as of the effective date of this subparagraph. (3) A stationary electrical generating powerplant using any source of thermal energy, with a generating capacity of 50 megawatts or more, excluding any powerplant that burns, uses, or relies on fossil or nuclear fuels. (4) A discretionary project as described in Section 21080 for which the applicant has certified that a capital investment of at least two hundred fifty million dollars ($250,000,000) will be made over a period of five years and the discretionary project is for (A) the manufacture, production, or assembly of an energy storage system or component manufacturing, wind system or component manufacturing, and solar photovoltaic energy system or component manufacturing, or (B) the manufacture, production, or assembly of specialized products, components, or systems that are integral to renewable energy or energy storage technologies. (5) An electrical transmission line carrying electricity from a facility described in paragraph (1), (2), or (3) that is located in the state to a point of junction with any interconnected electrical transmission system. (6) A hydrogen production facility and associated onsite storage and processing facilities that do not derive hydrogen from a fossil fuel feedstock and that receive funding from any of the following:
(A) The Hydrogen Program established pursuant to Section 25664.1. (B) Section 91530, as added by the Safe Drinking Water, Wildfire Prevention, Drought Preparedness, and Clean Air Bond Act of 2024 (Section 2 of Chapter 83 of the Statutes of 2024 (Senate Bill No. 867)), if that act is approved by the voters at the November 5, 2024, statewide general election. 91530. (C) The Alliance for Renewable Clean Hydrogen Energy Systems (ARCHES) authorized by Article 15 (commencing with Section 12100.160) of Chapter 1.6 of Part 2 of Division 3 of Title 2 of the Government Code, as awarded by the United States Department of Energy Office of Clean Energy Demonstrations. (c) “Site” means any location on which an eligible facility is constructed or is proposed to be constructed.
SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
SEC. 4. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
Because of the potential fire hazard posed by large energy storage systems, it is necessary for this measure to take effect immediately for the protection of public health and safety and the environment.
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Prepared By: __AW________ Dept Review: ________
City Manager Review: ________ City Attorney Review: __RWS__ Staff Report
TO: Honorable Mayor and City Council DATE: January 31, 2025 FROM: Tony Mosqueda, Commander
Prepared by: Amy Watkins, Police Chief
SUBJECT: Introduce An Ordinance Amending Title 7 (Animals) of the Morro Bay Municipal Code
RECOMMENDED ACTION
Introduce by title only with further reading waived, Ordinance No. 669 entitled, “An Ordinance of the City Council of the City of Morro Bay, California, amending Title 7 (Animals) of the Morro Bay Municipal Code to adopt and incorporate by reference San Luis Obispo County Code Title 9 (Animals) and to retain certain city requirements regarding animals, and finding the action not subject to CEQA.”
ALTERNATIVES
1. Council could decide not to introduce Title 9 of the County Code and keep the existing Municipal Code language. This action is not recommended, as City staff does not have the animal control expertise needed to ensure current regulations are updated with best practices and in compliance with regulations and laws related to animal control.
2. Council could direct staff to modify sections of Title 7 of the City’s Municipal Code that are proposed to be retained in the draft ordinance 7.04.085 – Nuisance abatement hearing – Procedures and findings. 7.04.130 – Permit refusal, suspension. 7.16.020 – Wild bird sanctuary. The city is designated and signs bearing the legend "Morro Bay is a bird sanctuary" shall be placed at appropriate locations. 7.16.025 – Molesting wild birds – Nuisance remedies. 7.16.030 – Poultry, rabbits, and other fowl. 7.16.040 – Livestock. 7.16.045 – Keeping of pygmy livestock, while retaining the proposed incorporation of Title 9 of the County Code, and further direct staff to conduct outreach regarding these proposed revisions and return to Council with the revised ordinance for introduction in the future.
3. Council could remove certain provisions of Title 9 of the County Code from incorporation by reference into Title 7 of the City’s Municipal Code and introduce the proposed ordinance as modified. Depending on the nature of the County Code Title 9 provision removed, this alternative could create greater inconsistencies and concerns for the County in carrying out animal control services within the City. It is, therefore, recommended AGENDA NO: 9.a
MEETING DATE: February 11, 2025
that, should Council wish to move forward with this alternative, staff be provided time to confer with the County before adoption of the proposed changes.
FISCAL IMPACT
The Animal Services contract is budgeted out of the Police Department General Fund Budget under Support Services/Contractual Services. The total budget allocated for FY 2024-25 is $60,000 for animal services.
There is no projected fiscal impact directly related to adopting the County of San Luis Obispo Title 9 by reference. The City costs associated with Animal Services are based on our calls for service and shelter usage, based on a percentage of total costs in relation to the usage and calls for service of the other cities and the County.
BACKGROUND
The City of Morro Bay contracts with the County of San Luis Obispo (“County”) to provide animal control services to the City. The animal services contract is coordinated and funded as an expense item in the Police Department budget. The County has recently updated their animal control ordinance, Title 9 of the County Code, and has asked each contract city to adopt their Code by reference into the Municipal Code to streamline and simplify the enforcement of animal control throughout the County.
By adopting Title 9 of the County Code (by reference), many current Morro Bay municipal codes in Title 7 (Animals) will be duplicates and will be removed. The City will retain all current animal control Municipal Codes that are not represented in Title 9, resulting in no significant changes to the current animal control rules and regulations of the City, but this approach will provide future efficiencies should the County make further updates to Title 9.
DISCUSSION
Title 9 of the San Luis Obispo County Code establishes rules and regulations related to the care, management, and keeping of animals within the County. Additionally, it establishes the County Division of Animal Services’ role, responsibility, and authority in the enforcement of those codes. The last substantial revisions to the County’s Animal Control Code occurred in 1998.
Since that time, standards and expectations with regard to animal care and control have evolved, leaving some of the code’s provisions outdated and inconsistent with the currently recognized best practices. Beyond addressing omissions and additions, the County Code revisions clarified existing language, resolved conflicting provisions, eliminated redundancies, and provides continuity between Title 9 and other sections of the County Code.
The City of Morro Bay Municipal Code contains the rules and regulations related to animal regulations in the City. Animal Control Officers from the County are tasked with enforcing the regulations of each contract city, creating a confusing mix of numerous municipal codes, combined with the County Code, that required research and analysis, depending on which jurisdiction they were currently responding to for a call for service. Having each contract city adopt Title 9 of the County Code will provide a standardized set of regulations that can be more easily enforced, create continuity throughout the county, while still allowing each city to keep additional regulations that are not contained in Title 9.
The City of Grover Beach and the City of San Luis Obispo were the first to adopt Title 9 of the County Code by reference. Other cities in the County have begun working on this but are in the early stages
of analysis and the timeframe for their adoption is unknown.
Attachment 2 provides an analysis of each current MBMC Title 7 section, and the relevant County Code Title 9 section that will replace it.
Should the City adopt the County Code by reference, the following MBMC chapters and sections will be rescinded in their entirety as they are codified in a like manner in the County Code:
7.04.010 (Public Pound),
7.04.020 (Animal Control Officer Duties),
7.04.030 (Citation Authority),
7.04.040 (Badges/Uniforms)
7.04.050 (Records of Division),
7.04.065 (Fees),
7.04.070 (Unnecessary Noise – Unsanitary Conditions), 7.04.080 (Noise/nuisance Abatement),
7.04.090 (Owner’s Responsibility to Dispose of Dead Animals), 7.04.100 (Division Disposal of Dead Animals),
7.04.110 (Definitions),
7.04.120 (Animal Use Operation, Pet Shop – Division Regulations), 7.04.125 (Pet Shops – Business License Required),
7.04.140 (Interference with Animal Control Officer),
7.04.145 (Violation of Order),
7.04.160 (Violation and Penalties),
7.04.170 (Menacing and Aggressive Animals),
7.08.010 (Definitions – Stray),
7.08.020 (Leash Law),
7.08.025 (Animal Wastes – Duty to Remove),
7.08.030 (Enforcement of Regulations),
7.08.040 (Seizing and Impounding of Stray Dogs),
7.08.050 (Dogs Running at Large),
7.08.060 (Private Individuals Finding Lost Pets),
7.08.070 (Notice of Impoundment),
7.08.080 (Redemption of Impounded Animals),
7.08.090 (Redemption Fees),
7.08.095 (Holding periods),
7.08.100 (Sale, Gift, or Destruction of Unclaimed Dogs), 7.08.125 (Reporting of Animal Bites),
7.08.130 (Biting Dogs),
7.08.140 (Impoundment of Dogs that Bite),
7.08.150 (Suspicion of Rabies),
7.08.160 (Registration and License),
7.08.170 (Vaccination Required),
7.08.180 (Exemptions from Rabies Vaccination Requirements), 7.08.190 (Rabies Vaccination Certificate),
7.08.195 (Rabies Deposit Fee Required),
7.08.200-7.08.290 (Record of Registration, Tags, Term, Fees, Lost Tags, Exemptions, Limitations of Dogs and Cats),
7.08.310 (Dogs in Public Parks)
7.12.014-7.12.050 (Cats at Large, Redemption of Impounded Cats, Feral Cats, Sale/Gift/Destruction of Cats, Impoundment of Biting Cats, Limitation on Cats), 7.16.010 (Animals and Poultry at Large).
The adoption of Title 9 of the County Code by reference will result in the following minor changes from the City’s current municipal code:
7.04.085 – Complaints arising from noisy animals can now escalate to a complaint with the District Attorney’s Office.
Removal of 7.08.020 – Leash Law. County code addresses loophole in municipal code regarding public property.
Removal of 7.08.095 – County code establishes different holding time requirements for household pets and livestock. City code makes no distinction. Removal of 7.12.010 – Formalize that the County no longer impounds healthy stray cats, and that practice would extend to the City. The impounding of healthy stray cats has not been occurring since 2019, including in the City of Morro Bay. According to Animal Control, this practice has been found to be ineffective at controlling stray cat population and leads to significantly high amount of euthanasia. This is a best practice in the industry and does not result in a measurable increase of stray cats.
In order to keep the current animal regulations that are unique to the City of Morro Bay in place, the following MBMC sections will be retained as they are not prohibited actions identified in the County Code. If deemed necessary, they can be preserved as addendum codes following the adoption of Title 9 by reference:
7.04.085 – Nuisance abatement hearing – Procedures and findings. Nuisance hearing would remain within the city and be heard by a hearing officer. 7.04.130 – Permit refusal, suspension. The City code directs an appeal of revocation or denial to the City Council.
7.16.020 – Wild bird sanctuary. The city is designated and signs bearing the legend "Morro Bay is a bird sanctuary" shall be placed at appropriate locations. 7.16.025 – Molesting wild birds – Nuisance remedies.
7.16.030 – Poultry, rabbits, and other fowl.
7.16.040 – Livestock.
7.16.045 – Keeping of pygmy livestock.
Attachment 3 provides a list of regulations in Title 9 of the County Code that are not currently contained in Title 7 of the City Municipal Code. These will constitute new animal control restrictions in the City. Most are administrative in nature, but some of the noteworthy additions include:
9.02.002 – Prohibits the unauthorized feeding of animals by individuals on property other than their own.
9.02.008 – Places restrictions on the keeping of animals designated as potentially dangerous or vicious.
9.02.009 – Prohibits the keeping of dangerous and wild animals including large and venomous snakes, wolf hybrid dogs and others.
9.02.010 – Requires motorists striking domestic animals to stop and render aid or make official notification.
9.03.001 – Requires microchipping of adult dogs and cats. 9.03.003 – Allows owners to obtain a variance permit for keeping additional animals over standard limitation.
9.03.004 – Prohibits cat owners from allowing unaltered cats to roam at large. Allows finders of unaltered cats roaming at large to have the cat altered at their expense. 9.04.005 – Authorizes Animal Services to vaccinate and provide medical care for impounded animals.
9.04.007 - Defines holding periods for livestock.
9.05.006 – Requires individual report of animal sales. 9.06.002 – Requires commercial animal operation permit. 9.06.005 – Emergency notification related to inspections of breeders. 9.07.007 – Allows for assistance animal tags to be issued by Animal Services to also serve as a license tag.
9.08.002 – Establishes a requirement for owners of cats allowed to roam outdoors to have those cats vaccinated against rabies.
Note: Animals will not be taken by Animal Services for these violations. There are low-cost options for micro-chipping and vaccinations available at Animal Services, and it is the current law that any animal that is taken into custody is required by state law to be micro-chipped before it can be returned to the owner, but an inability to pay does not result in the animal being retained. The code requires that it be performed at no cost to the owner in these cases.
If approved, the ordinance will take effect 30 days after the second reading, on February 25, 2025.
When the County code changes in the future, those amendments will become effective on the same date due to the reference in the Municipal Code. The adoption or rejection of the County Code by other cities does not affect the City of Morro Bay or our contract with Animal Services.
No prior formal public engagement was conducted on this item as there will be no significant substantive changes to the current rules and regulations related to animals, but rather only a change to where the rules and regulations are codified. Public engagement will occur as part of the standard City Council meeting agenda workflow, including the opportunity to comment in writing and in person at the City Council meeting.
ATTACHMENTS
1. Proposed Ordinance No. 669 amending Title 7 (Animals)
2. Comparison document of SLO County Code Title 9 and MBMC Title 7
3. SLO County Code Title 9 sections that will be new to the City of Morro Bay
4. San Luis Obispo County Code Title 9
Ordinance No. 669
ORDINANCE NO. 669
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA,
AMENDING TITLE 7 (ANIMALS) OF THE MORRO BAY MUNICIPAL CODE TO
ADOPT AND INCORPORATE BY REFERENCE SAN LUIS OBISPO COUNTY CODE TITLE 9 (ANIMALS) AND TO RETAIN CERTAIN CITY REQUIREMENTS REGARDING
ANIMALS AND FINDING THE ACTION NOT SUBJECT TO CEQA
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, the City of Morro Bay, California (“City”) is a municipal corporation, duly organized under the California Constitution and laws of the State of California; and WHEREAS, Title 7 of the Morro Bay Municipal Code currently sets forth the animal control regulations applicable within the City; and
WHEREAS, the Division of Animal Services (“Division”) for the County of San Luis Obispo (“County”) was established to provide animal care and control functions relating to the care, keeping, and management of animals within the County; and WHEREAS, the City contracts with the Division for the provision of animal control services within the City and the Division works in conjunction with the City’s Police Department and other City personnel to administer such services within the City’s boundaries; and WHEREAS, in 2024, the County updated Title 9 of its Municipal Code to enhance animal control regulations, including amendments to licensing requirements, public safety standards, and enforcement measures; and
WHEREAS, the City has reviewed these updates and now seeks to amend Title 7 of the Morro Bay Municipal Code to substantially incorporate Title 9 of the San Luis Obispo County Code to ensure alignment with regional animal control standards and maintain the Division’s jurisdiction for services within the City while tailoring certain provisions to address the specific needs of the City, as set forth in the proposed Ordinance attached hereto as Exhibit “A”; and WHEREAS, any and all other legal prerequisites relating to adoption of this Ordinance have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA FINDS AND ORDAINS AS FOLLOWS:
SECTION 1. Recitals. The City Council hereby finds that the foregoing recitals set forth above are all true and correct and are incorporated herein by this reference.
SECTION 2. Municipal Code Amendments. The City Council desires to adopt the proposed Ordinance, attached hereto as Exhibit “A” and incorporated herein by this reference, amending Title 7 (Animal) of the Morro Bay Municipal Code in its entirety.
SECTION 3. Compliance with the California Environmental Quality Act (CEQA). This interim ordinance is not subject to CEQA (Public Resources Code Section 21000 et seq.) pursuant to CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.) Section
Ordinance No. 669
15060(c)(2) [activity will not result in a direct or reasonably foreseeable indirect physical change in the environment]. Additionally or alternatively, this interim ordinance is exempt from CEQA under CEQA Guidelines Sections 15061(b)(3) [it can be seen with certainty that there is no possibility the activity in question may have a significant effect on the environment], 15307 [Class 7, categorical exemption for regulatory activity to assure the protection of natural resources], and 15308 [Class 8, categorical exemption for regulatory activity to assure the protection of natural resources]. Further, this interim ordinance is exempt from CEQA pursuant to Public Resources Code Section 21080(b)(4) and CEQA Guidelines Section 15269(c) because it prevents a clear and imminent danger that requires immediate action to prevent or mitigate the loss of, or damage to, life, health, property, and essential public services.
SECTION 4. Severability. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions thereof may be declared invalid or unconstitutional.
SECTION 5. Effective Date. This ordinance shall be in full force and effect thirty (30) days after its passage.
SECTION 6. Certification. The City Clerk shall certify as to the passage and adoption of this ordinance, and the City Clerk shall cause the same to be posted and codified in the manner required by law.
INTRODUCED at a regular meeting of the City Council held on the 11th day of February 2025, by motion of Council Member _____________ and seconded by Council Member _____________.
PASSED AND ADOPTED on the ____ day of _______, 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSE:
____________________________
CARLA WIXOM, Mayor
ATTEST:
________________________________
DANA SWANSON, City Clerk
APPROVED AS TO FORM:
_________________________________
ROBERT W. SCHULTZ, Interim City Attorney
Ordinance No. 669
STATE OF CALIFORNIA )
COUNTY OF SAN LUIS OBISPO )
CITY OF MORRO BAY )
I, Dana Swanson, CITY CLERK FOR THE CITY OF MORRO BAY, HEREBY CERTIFY the foregoing Ordinance Number 669 was duly adopted by the City Council of the City Council of the City Morro Bay at a regular meeting of said Council on the _____ day of _________ 2025 and that it was so adopted on by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSE:
IN WITNESS WHEREOF I have hereunto set my hand and affixed the official seal of the City of Morro Bay, California, this ______ day of _______________, 2025.
DANA SWANSON, City Clerk
EXHIBIT “A”
Morro Bay, California, Code of Ordinances Created: 2024-08-20 12:12:05 [EST] (Supp. No. 22)
Title 7
ANIMALS*
Chapters:
Chapter 7.04 GENERAL PROVISIONS
Sections:
7.04.010 Adoption and incorporation of San Luis Obispo County Animal Control Code (Title 9).
The provisions of San Luis Obispo County Animal Control Code, Title 9, as amended from time to time, are adopted by reference and incorporated in their entirety as equivalent provisions of the Morro Bay Municipal Code. To the extent any provision or provisions of the San Luis Obispo County Animal Control Code, Title 9, as adopted, conflict with any other provision or provisions of the Morro Bay City Municipal Code, the other provision or provisions of the Morro Bay Municipal Code shall take precedence.
7.04.010 Establishment of a public pound.
A public pound is authorized and established at such place in San Luis Obispo County as shall be fixed from time to time by the board of supervisors. The public pound, or any authorized branches thereof, shall provide living animals with necessary and prompt veterinary care, nutrition, shelter, and humane treatment. Failure to perform these duties may result in the pound being liable for civil damages as provided by law. (Ord. 480 (part), 2000; Ord. 387 § 1 (part), 1991)
7.04.015 Policy of adoption.
A. It is the policy of the city that no adoptable animal should be euthanized if it can be adopted into a suitable home. Adoptable animals include only those animals eight weeks of age or older that, at, or subsequent to the time the animal is impounded or otherwise taken into possession, have manifested no sign of a behavioral or temperamental defect that could pose a health or safety risk or otherwise make the animal unsuitable for placement as a pet, and have manifested no sign of disease, injury, or congenital or hereditary conditions that adversely affects the health of the animal or that is likely to adversely affect the animal's health in the future.
B. It is the policy of the city that no treatable animal should be euthanized. A treatable animal shall include any animal that is not adoptable but that could become adoptable with reasonable efforts. This subdivision, by itself, shall not be the basis of liability for damages regarding euthanasia.
C. Animals that are irremediably suffering from a serious illness or severe injury shall not be held for owner redemption or adoption. Newborn animals that need maternal care and have been impounded without their mother may be euthanized without being held for owner redemption or adoption. (Ord. 480 (part), 2000)
Created: 2024-08-20 12:12:04 [EST]
(Supp. No. 22)
7.04.020 Animal control officer—Duties. 7.04.020 Enforcement of Animal Control provisions within City
The provisions of this Title are enforceable within the jurisdictional boundaries of the City of Morro Bay by the San Luis Obispo County Division of Animal Services and County of San Luis Obispo Animal Control Officer, or designee, pursuant to and in accordance with the terms of a contract for animal care and control services entered into between the City and the County, and by City Code Enforcement and the City Police Department.
There shall be in this county, a chief animal control officer subject to the direction and supervisory control of the county sheriff. The division of animal services shall function as a division of the sheriff's office. It shall be the duty of the chief animal control officer and any duly authorized staff and employees to carry out the provisions of this title, and all applicable statutes of the state and to be in charge of the public pound hereby authorized and established.
(Ord. 480 (part), 2000; Ord. 387 § 1 (part), 1991)
7.04.030 Animal control officer—Citation authority—Authorized to carry weapons.
A. The chief animal control officer and any duly authorized officers shall have the power to issue citations pursuant to Section 7.04.020 of this code.
B. Animal control officers, when acting in the course and scope of their duties, may, at the discretion of the sheriff, be authorized to carry on their person, or in county vehicles, loaded firearms or weapons of the type approved by the sheriff. Each officer shall qualify under California Penal Code Section 832 in the use of firearms.
(Ord. 480 (part), 2000; Ord. 387 § 1 (part), 1991)
7.04.040 Badges/Uniforms—Impersonating animal control officer.
A. The sheriff shall authorize a distinctive, identifying badge and uniform for the chief animal control officer and any duly appointed animal control officers to wear while they are engaged in the performance of their duties pursuant to this title.
B. Any person who falsely represents himself or herself to be an employee of the division of animal services or falsely attempts to perform an act as an animal control officer shall be guilty of a misdemeanor. (Ord. 480 (part), 2000; Ord. 387 § 1 (part), 1991)
7.04.050 Records of division.
A. The division shall keep a record of the number, description and disposition of all dogs, cats and household pets impounded, showing in detail in the case of each, the date of receipt, the date and manner of disposal, the name of the person reclaiming, redeeming or receiving such dogs, cats or household pets, the reason for destruction and any such additional records as the city council may from time to time feel necessary.
B. The chief animal control officer shall forward a quarterly report to the chief of police of actions, transactions and operations taken by the division within the city.
(Ord. 480 (part), 2000; Ord. 387 § 1 (part), 1991)
Created: 2024-08-20 12:12:04 [EST]
(Supp. No. 22)
7.04.065 Fees.
A. Whenever fees are to be charged by the division of animal services these fees shall be set annually by ordinance of the county board of supervisors.
B. The division shall charge a fee at the time an impounded animal is redeemed by its owner or person having custody or may charge these fees at such time that an unclaimed animal is adopted.
C. A fee, including a penalty fee, may be waived at the discretion of the sheriff. Such waiver shall be based upon a determination of the sheriff that it is in the interests of justice or that payments will impose an undue financial hardship upon the owner.
(Ord. 480 (part), 2000; Ord. 387 § 1 (part), 1991)
7.04.070 Unnecessary noise—Unsanitary conditions.
It is unlawful for any person to keep, maintain, or permit on any lot or parcel of land, any dogs, cats, poultry, fowl or household pets, which by any sound or cry shall disturb the peace and comfort of any neighborhood, nor shall any person keep upon any lot or parcel of land, any animal(s), poultry, fowl, or household pets, in a foul, obnoxious, filthy or unsanitary condition.
(Ord. 480 (part), 2000; Ord. 387 § 1 (part), 1991)
7.04.080 Noise/nuisance abatement.
Whenever it shall be affirmed in writing by three or more persons living in separate dwelling units in the neighborhood that any dog, cat, animal, poultry, fowl, or household pet is an habitual nuisance by reason of frequent, persistent, or long-continued howling, barking, or other noise, or is in any other manner causing undue annoyance, by reason of chronic leash law violations or unsanitary conditions, that shall constitute a public nuisance, the division, through an investigation including, but not limited to, observation of the animal, interviews with the animal's owner, the complainants, neighbors and other interested parties make a determination whether a public nuisance exists. If the division finds such public nuisance to exist, it shall serve written notice upon the owner or custodian of the animal(s) that the public nuisance shall be abated or the owner or custodian of the animal(s) may contest the abatement order in writing or in person within ten days of receipt of the abatement order by requesting a hearing on the allegations.
(Ord. 480 (part), 2000; Ord. 387 § 1 (part), 1991)
7.04.085 Nuisance abatement hearing—Procedures and findings.
A. Upon receipt of a request for a hearing from the owner of an animal(s) referred to under an nuisance abatement order issued pursuant to Section 7.04.080, by the San Luis Obispo County Division of Animal Services, (“division”) the division shall appoint a hearing officer from within the division with the exception that the employee appointed as the hearing officer is not the same person who conducted the original nuisance abatement investigation that resulted in the issuance of the abatement order and is not junior in rank to that person. At the discretion of the division, the services of a hearing officer from outside the division may also be appointed by the chief animal control officer.
B. The hearing officer shall then schedule a hearing and serve notice of the hearing, with at least ten days notice, upon the owner of the animal(s). The hearing notice shall be in writing and contain the date, time and location of the hearing and be served upon the owner of the animal(s), the complainants and to any other
Created: 2024-08-20 12:12:04 [EST]
(Supp. No. 22)
interested parties who request such a notice. The notice shall be served by personal delivery or by depositing a copy in the United States mail, addressed to the person to be served. The notice shall also include a copy of the original complaint, the original abatement order and a copy of this section.
C. In conducting the hearing, the hearing officer shall not be bound by the strict rules of evidence as applied in judicial proceedings, however, the hearing officer shall observe the substance of those rules to insure that reasonably competent and reliable evidence is presented upon which a decision can be based concerning the existence or nonexistence of the public nuisance. The hearing officer shall accept oral and documentary evidence to issues in the public nuisance abatement offered by any interested person.
D. Within ten days upon completion of the hearing, the hearing officer shall make written findings upholding or dismissing the original abatement order. The San Luis Obispo County Division of Animal Services (“division”) shall promptly serve the owner of the animal(s) with the findings of the hearing officer by personal delivery or by depositing a copy in the United States mail. If the hearing officer determines that the public nuisance exists, the division shall issue an order setting forth what actions are reasonably necessary in order to abate the public nuisance and shall require the affected owner to take all steps required to comply with the order.
E. An order issued by the San Luis Obispo County Division of Animal Services (“division”) pursuant to the findings of the hearing officer shall be final and conclusive. The division shall take action regarding the failure of an animal owner to comply with the post-hearing order, including, but not limited to, forwarding the information to the city attorney for prosecution pursuant to Section 7.04.145 and obtaining a judicial order for the enforcement of the abatement order. In the event that litigation is reasonably required to obtain compliance with a post-hearing order, the owner who has failed to comply with the order shall pay to the city all costs incurred, including, but not limited to, reasonable attorneys' fees. (Ord. 480 (part), 2000)
7.04.090 Owner's responsibility to dispose of dead animals.
It is unlawful for any owner or person who, having had the possession or control of any dog, cat or household pet that has died to place the body of any dog, cat or household pet after its death, or cause to permit it to be placed, or to knowingly allow or permit it to remain, in or upon any public road, highway, street, alley, square, park, school ground, or other public place, or in or upon any lot, premises, or property of another. (Ord. 480 (part), 2000; Ord. 387 § 1 (part), 1991)
7.04.100 Division disposal of dead animals.
It shall be the duty of the division upon the request of any owner of any dead dog, cat or household pet which was kept or maintained in the city immediately prior to its death, or upon the request of any person or persons discovering a dead dog, cat or household pet upon his premises or upon any public road, highway, street, alley, square, park, school ground or other public place, or in or upon any public lot or premises, to immediately bury or dispose of the animal in such manner as may be prescribed by law. The division may charge and collect fees for the transportation and disposal of the dog, cat or household pet from the owner or person having had possession or control of the animal if same can be ascertained. (Ord. 480 (part), 2000; Ord. 387 § 1 (part), 1991)
7.04.110 Definitions.
For the purposes of this title the following words shall have the meanings given to them in this section.
Created: 2024-08-20 12:12:04 [EST]
(Supp. No. 22)
A. "Altered" for a female animal means having had the ovaries and uterus surgically removed; an ovariohysterectomy. "Altered" for a male animal means having had the testicles surgically removed.
B. "Animal" means and includes, but is not limited to birds, fishes, reptiles, and nonhuman mammals.
C. "Animal use operation" means any commercial, noncommercial or hobby breeder operation as further described in this title.
D. "At-large" means being on any private property without permission of the person who owns or has a right to possess or use the property; or unrestrained by a leash on either public property unless expressly permitted by law, or private property open to the public; or in any place or manner which presents substantial risk of imminent interference with animal or public health, safety or welfare.
E. "Board of supervisors" means the San Luis Obispo County board of supervisors.
F. "Business day" means any day that the division is open to the public as determined by the board of supervisors.
G. "Cat" means a Felis catus of either sex, altered or unaltered.
H. "Commercial animal use operation" means any lot, building, structure, enclosure or premises whereon or wherein animals are kept or maintained for any commercial purpose, such as breeding, selling, advertising for sale, boarding or rental of animals, or use essential to management of an agricultural business; provided, that if more than one species of animal is kept for sale, barter or trade, the classification shall be that of a pet shop; and provided further, this definition of commercial animal operation shall not be construed as applying to a duly licensed veterinary hospital or any public pound.
The operation must be consistent with current zoning.
I. "County" means the county of San Luis Obispo.
J. "County animal shelter" means a premises selected by the director of animal services as a suitable facility for the requirements of this title.
K. "Division" means the division of animal services, the chief animal control officer and/or any duly authorized representative(s).
L. "Dog" means a Canis familiaris of either sex, altered or unaltered, or any other member of the Canus genus if owned, kept or harbored.
M. "Dog license" means a properly completed certification issued by the county, including the dog owner's name, address, telephone number, the dog's name and description, including breed, color, sex, year of birth, rabies vaccination date, rabies expiration date, license tag number and expiration date.
N. "Hobby breeder operation" means any lot, building, structure, enclosure, or premises whereon or wherein a person is offering for sale, barter or trade, household pets in a manner that is accessory to residential use. A person is considered to be operating a hobby breeder operation when:
1. Offspring from any female is being offered for sale in an amount in excess of fifty dollars per animal; or
2. The owner is offering more than one litter for sale, barter or trade in a calendar year; or
3. The owner is offering for sale, barter or trade, more than one household pet of a species that bears a single offspring in one calendar year.
O. "Household pets" means, but is not limited to, cats, dogs, canaries, parrots, fish, hamsters, rabbits, turtles, lizards, snakes, and other kindred animals usually and ordinarily kept as household pets.
P. "Leash" means any rope, leather strap, chain, or other material, being held in the hand of a person capable of controlling the animal to which it is attached.
Created: 2024-08-20 12:12:04 [EST]
(Supp. No. 22)
Q. "License tag" means a piece of metal or other durable material inscribed with a number which has been issued by the county as the licensing agency.
R. "Livestock" means horses, ponies, mules, donkeys, cattle, sheep, goats, swine and all other domestic or domesticated animals other than household pets.
S. "Noncommercial animal operation" means any lot, building, structure, enclosure, or premises whereon or wherein four or more dogs or cats are kept for noncommercial use, including, but not limited to, hunting or herding livestock.
T. "Owner" means any person who is legal owner, keeper, harborer, possessor or the actual custodian of an animal. Ownership is also established by a person registering as the owner of a license or other legal document or by a person claiming ownership and taking possession of an animal.
U. "Pet shop" means any lot, building, structure, enclosure or premises whereon or wherein is carried on the business of buying and selling or bartering household pets. This definition shall not be construed as applying to the business or activities of any public pound. The operation must be consistent with current zoning.
V. "Sheriff" means the San Luis Obispo County sheriff or his appointed agents or deputies. (Ord. 480 (part), 2000; Ord. 387 § 1 (part), 1991)
7.04.120 Animal use operation, pet shop—Division regulations.
It is unlawful for any person, firm, corporation or association to erect, establish or maintain any animal use operation, commercial, noncommercial, hobby breeder or pet shop, as defined in this title, without first obtaining the appropriate permit from the division. The granting of such permit shall be at the discretion of the division which shall take into consideration the type of construction to be employed as it relates to sanitation, and the manner in which the animals, birds, or livestock are to be housed, as well as such zoning regulations or regulations concerning the operations of commercial, noncommercial, hobby breeder or pet shops as may be adopted by the city council from time to time. The permit will be for a calendar year, with a permit fee due and payable on January 1st of each year.
(Ord. 480 (part), 2000; Ord. 387 § 1 (part), 1991)
7.04.125 Animal use operation, pet shops—Business license required.
With the exception of dogs whose use is essential to management of an agricultural business, it is unlawful for any person, firm, corporation or association to erect, establish or maintain any commercial animal use facilities or pet shop, without first obtaining a business license from the city. After approval by the division of the permit that is required by this chapter, the city, upon payment of the required annual business license fee for the privilege of maintaining such commercial animal use facilities or pet shop, shall issue to the applicant a license in such form as may be prescribed. Such annual business license shall be for the fiscal year, or any part of it, during which the commercial animal use operation or pet shop shall be maintained, and shall be due and payable on July 1st of each year, and shall expire June 30th of the following year, provided the above mentioned division permit has not been revoked. Every person, firm or corporation maintaining a commercial animal use operation or pet shop shall post a notice in a conspicuous place where it may be seen outside the locked premises, listing names, addresses and telephone numbers of persons who may be contacted in case of an emergency. (Ord. 480 (part), 2000; Ord. 387 § 1 (part), 1991)
Created: 2024-08-20 12:12:04 [EST]
(Supp. No. 22)
7.04.130 Permit refusal, suspension.
A. The permit for the maintenance and operation of an animal use facility, commercial, hobby breeder, or pet shop shall be refused by the division upon a determination that a violation exists of the provisions of any health law of the state, or any of the applicable provisions of this title.
B. The permit may be immediately suspended by the division for violation of any provision of this title when, in the director's opinion, the danger to public health or safety, or when necessary to assure humane care and treatment of the animals under permit, is so imminent, immediate and threatening as not to admit of delay.
In the event of such suspension, the holder shall be given an opportunity for an office hearing before an impartial hearing officer from outside the division, within forty-eight hours of the time of suspension. Upon conclusion of the office hearing, the hearing officer may decide to:
1. Dismiss the charges and reinstate the permit; or
2. Reinstate the permit conditioned upon correction of the violation; or
3. Revoke the permit.
C. If, in the opinion of the division, the danger to public health is not so imminent, immediate and threatening, as to admit of delay, the division shall send a notice of violation to the permittee and seek to achieve compliance informally by means of a correction schedule and reasonable inspections. If, as a result of subsequent inspections, it is determined that the permittee has failed to comply with the schedule and correct the noticed deficiencies, the division shall send a notice to the permittee advising the permittee of the remaining deficiencies and the convening of an office hearing in accordance with the procedures and guidelines as outlined in this section.
D. All office hearings referred to in this section shall be conducted in accordance with administrative procedures adopted by the division. The applicant or permittee may call and examine witnesses, and may rebut evidence against him/her. The hearing shall not be conducted according to technical rules relating to procedure, evidence or witnesses. The division shall ensure that an informal record of the proceedings is maintained.
EA. Whenever the issuance of a permit is refused, or a permit is revoked and the required office hearing has been held, the applicant or permittee may appeal the action to the city council within ten days. The clerk shall set the matter for hearing at the earliest possible date and shall give reasonable notice of the time and place of the hearing to the applicant or permittee and to the San Luis Obispo County Division of Animal Services (“division”). The city council, or its designee, shall hear the evidence offered by the applicant or permittee and the division, and shall forthwith decide the issue. The decision of the city council or its designee, shall be final.
(Ord. 480 (part), 2000; Ord. 387 § 1 (part), 1991)
7.04.140 Interference with animal control officer.
It is unlawful for any person to hinder or obstruct the chief animal control officer or any duly appointed staff or employees in the exercise of their duties. Any person who violates this section is guilty of a misdemeanor. (Ord. 480 (part), 2000; Ord. 387 § 1 (part), 1991)
Created: 2024-08-20 12:12:04 [EST]
(Supp. No. 22)
7.04.145 Violation of written order.
Any person who after notice, violates, or who upon the demand of the division, refuses or neglects to conform to any written rule, order, or regulation prescribed by the division, is guilty of an infraction. (Ord. 480 (part), 2000; Ord. 387 § 1 (part), 1991)
7.04.150 Impoundment of sick/disabled animals—Post and preseizure hearings.
A. Every owner, driver, keeper, or person in control of any animal who permits the animal to be in any building, enclosure, lane, street, square, or lot in the city without proper care and attention is guilty of a misdemeanor.
B. Any peace officer or any animal control officer duly appointed by the San Luis Obispo County Division of Animal Services (“division”) may take charge of any sick, disabled, inform or crippled animal or any animal that by reason of lameness, sickness, feebleness, or neglect, is unfit for the work it is performing, or that in any other manner is being cruelly treated or neglected, and provide care and treatment for the animal until it is deemed suitable for return to the owner or if the owner is convicted of a violation of California Penal Code Section 597.1, the animal(s) shall be adjudged by the court forfeited and the division shall place the animal up for adoption or other disposition pursuant to this chapter.
C. Whenever an animal is immediately impounded pursuant to this section or the San Luis Obispo County Division of Animal Services (“division”) commences to proceed with criminal charges against the owner or person in charge of an animal for violation of this section and seeks the nonimmediate impoundment of any animal under the control of same, the division shall provide notice and the appropriate preseizure or postseizure hearing to the owner or person in charge of the animal pursuant to California Penal Code Section 597.1.
D. A person convicted of a violation of this section or of California Penal Code Section 597.1 shall be personally liable to the seizing agency and the San Luis Obispo County Division of Animal Services (“division”) for all costs of impoundment from the time of seizure to the time of proper disposition. (Ord. 480 (part), 2000)
7.04.160 Violation and penalties.
Except as otherwise provided, violation of the provisions of this chapter is an infraction. (Ord. 480 (part), 2000; Ord. 387 § 1 (part), 1991)
7.04.170 Menacing and aggressive animals—Animal owner and property owner responsibility.
A. It is unlawful for any person to keep, harbor, or maintain any aggressive or menacing animal which threatens, harasses, or intimidates a person who is peaceably and lawfully upon public or private property, unless it is contained in an enclosure of a construction adequate to keep it securely confined and prevent its escape.
B. It is unlawful for any person to permit any animal owned, harbored, or controlled by him or her to attack and cause severe bodily injury or death to another domestic or captive animal while off the property of its owner or keeper.
Created: 2024-08-20 12:12:04 [EST]
(Supp. No. 22)
C. Upon notification of a violation of subsection A, the animal owner(s) must immediately confine the animal to an enclosure or location which mitigates the aggressive and menacing behavior.
D. For the purposes of this section, the following definitions apply:
1. "Aggressive animal" any animal whose observable behavior causes a person observing that behavior to reasonably believe that the animal may attack a person or another animal without provocation.
2. "Menacing animal" means any animal which, through its behavior, causes a person observing or subject to that behavior to be in reasonable fear for his or her safety, or the safety of animals kept by him or her. Police or military service canines being utilized in an official capacity are excluded from this definition.
3. "Severe bodily injury" means any physical injury which results in deep lacerations with separation of subcutaneous tissues, muscle tears or lacerations, fractures or joint dislocations, or permanent impairment of locomotion or special senses.
E. Penalties for violation:
1. Three hundred fifty dollars for the first violation.
2. Seven hundred dollars for the second violation of subsection A or B within one year.
3. One thousand dollars for each additional violation of subsection A or B within one year.
4. For the purposes of this section, a first violation of subsection A will be deemed to have occurred if the menacing or aggressive animal is not confined as required by subsection C within twenty-four hours of notification; a separate violation of subsection A shall be deemed to exist for each twenty-four-hour period following notification in which an animal's menacing or aggressive behavior continues unmitigated.
F. Liability of Property Owners.
1. Owners of properties upon which a tenant keeps, harbors, or maintains any aggressive or menacing animal may, along with the animal owner(s), may be jointly and severally liable for penalties related to violations of subsection A, provided that they have received at least fourteen days prior written notice of the existence of such violation and the violation has not been abated. No penalty shall be imposed upon the property owner if the property owner can demonstrate, within fourteen days following notification that a violation has occurred, that the property owner has initiated action to abate the illegal activity on the property.
(Ord. No. 580, § 1, 10-23-12)
Chapter 7.08 DOGS
Sections:
7.08.010 Stray dogs defined.
A "stray dog" is any dog licensed or unlicensed, which is in or on any public road, highway, street, alley, square, park, school ground, or other public place, or in or upon any lot, premises or property of another when not accompanied in the near vicinity by the person owning, having interest in, harboring, or having charge, care, control, custody or possession of such dog. Any stray dog shall be immediately seized and impounded by the division.
(Ord. 480 (part), 2000; Ord. 387 § 1 (part), 1991)
Created: 2024-08-20 12:12:04 [EST]
(Supp. No. 22)
7.08.020 Leash law.
A. It is unlawful for any person to suffer or permit any dog owned, harbored, or controlled by him/her to be on any public street, alley, lane, park or place of whatever nature open to, and used by, the public in the city unless such dog is securely leashed and the leash is held continuously in the hand of a responsible person capable of controlling such dog, or unless the dog is securely confined in a vehicle, unless an exception exists as described in Section 7.08.310.
B. Dogs used on farms and ranches for the primary purposes of herding livestock are not required to be leashed or at "heel" beside their owner or person controlling the use of these dogs while on a public street, alley, lane or place of whatever nature open to, and used by, the public in the city while herding such livestock and as long as these dogs are obedient to the commands of the person controlling their use for this purpose.
C. Dogs used by any government agency in military, police, or search and rescue work, or dogs performing as a service dog defined under California Civil Code 54.1, are not required to be leashed while used in the performance of its duties and obedient to the commands of its handler. (Ord. 480 (part), 2000; Ord. 387 § 1 (part), 1991)
7.08.025 Dog defecation removal.
A. No person owning, keeping or having in his or her care or control any dog shall knowingly fail, refuse or neglect to clean up any feces of the dog immediately and dispose of it in a sanitary manner whenever the dog has defecated upon any public property or the private property of another.
B. The provisions of subsection A of this section shall not apply to a person being accompanied by a service dog, nor shall this section be construed to require or countenance any act of trespass upon private property.
Whenever the feces to be cleaned up cannot be reached without trespass upon the private property, the person having the duty under subsection A of this section shall first obtain consent to do so from the owner or person in lawful charge of the property.
C. No person owning, keeping, or having in his or her care or custody, any dog shall knowingly fail, refuse or neglect to clean up any feces from their property, owned or rented, no less than twice a week and disposed of in an airtight container. This waste shall be removed from the property no less than once a week. (Ord. 480 (part), 2000)
7.08.030 Enforcement of regulations.
It shall be the duty of the division to patrol the city from time to time and without notice to the public for the purpose of enforcing the provisions of this title.
(Ord. 480 (part), 2000; Ord. 387 § 1 (part), 1991)
7.08.040 Seizing and impounding stray dogs.
It shall be the duty of the division to seize and impound, in a lawful manner, and subject to the provisions of this chapter, all stray or unlicensed dogs found within the city. (Ord. 480 (part), 2000; Ord. 387 § 1 (part), 1991)
Created: 2024-08-20 12:12:04 [EST]
(Supp. No. 22)
7.08.050 Dogs running at large.
Any dog found running at large on any private property in the city may be taken up by the owner or possessor of the property and delivered to the division or detained on the property until picked up by the division as provided in Section 7.08.060.
(Ord. 480 (part), 2000; Ord. 387 § 1 (part), 1991)
7.08.060 Private individuals finding lost pets.
Persons finding lost, stray, or stolen animals shall notify the division by any means available within twentyfour hours after finding such animal giving pertinent information as to description and when and where the animal was found. The division shall take such information and make it available to the public by a twenty-four hour hotline and other means.
(Ord. 480 (part), 2000; Ord. 387 § 1 (part), 1991)
7.08.070 Notice of impoundment.
As soon as possible, but not later than twenty-four hours after impounding any dog currently licensed under the provisions of this chapter, the division shall notify the registered owner or person having control of the dog by written or oral communication that such dog is impounded and that it must be redeemed within three business days from the date of such communication, and unless redeemed, the dog will be disposed of in any manner as provided by this chapter.
(Ord. 480 (part), 2000; Ord. 387 § 1 (part), 1991)
7.08.080 Redemption of impounded dogs.
A. The division shall securely keep any dog impounded for the holding period described under Section 7.08.095 unless the dog be sooner reclaimed or redeemed by the owner or person having control thereof, or otherwise be disposed of as provided in Section 7.08.110. A dog wearing a current license tag when impounded shall be held for six business days, not counting the day of impoundment, unless the owner or custodian is notified prior to that time as in Section 7.08.070, and then such dog shall be held for three business days, not counting the day of impoundment, from such notification. Except as may be provided in this section, the owner or person entitled to the custody of the dog so impounded may, at any time before the sale or other disposition thereof, during the office hours of the pound, reclaim or redeem the dog by exhibiting to the division the license certificate or license tag showing that the license for the dog for the then current year has been paid and by paying the division any charges.
B. No fees whatsoever shall be charged or collected for or on account of any dog which has been unlawfully taken up or impounded. If the owner or person entitled to the custody of the dog believes that the dog has been unlawfully taken up or impounded, that owner or person may, within the seventy-two hour redemption period, request that an impartial hearing officer from an outside department be conducted to determine the sole issue of whether the dog was lawfully seized and impounded. If a dog has been unlawfully taken up or impounded, it shall be returned to its owner or person entitled to the custody of it. (Ord. 480 (part), 2000; Ord. 387 § 1 (part), 1991)
Created: 2024-08-20 12:12:04 [EST]
(Supp. No. 22)
7.08.090 Redemption fees.
The owner or person entitled to the custody of an impounded dog shall, before such dog is released, pay to the division the following:
A. Registration or license for the current year unless fee has been previously paid and evidence of paid fee is adequately exhibited; and
B. Impound fees for first, second, third and subsequent impounds in a one year period from the date of the first impound.
(Ord. 480 (part), 2000; Ord. 387 § 1 (part), 1991)
7.08.095 Holding periods.
The division must hold impounded animals for a period of six business days, not including the day of impoundment, unless the division is open one weekday evening until seven, or, is open one weekend day; or, has fewer than three employees, is not open during all regular weekday business hours, and permits owners to reclaim animals by appointment when the shelter would otherwise be closed, in which case the holding period shall be four business days. For the first three days of the holding period, not including the day of impoundment, only the owner may reclaim the animal. During the remainder of the holding period, the animal shall be made available for adoption.
(Ord. 480 (part), 2000)
7.08.100 Sale, gift or destruction of unclaimed dogs.
At the end of the required holding period, the division may continue to hold the animal or, without further notice, and without advertising in any manner, sell, give away or dispose of, in a humane way, any dogs not reclaimed or redeemed as aforesaid; provided, however, the division:
A. May not sell, give away or transfer title to any dog or any other animal to any institution engaged in the diagnosis or treatment of human or animal disease, or in research for the advancement of veterinarian, dental, medical or biological sciences, or in the testing or diagnosis, improvement or standardization of laboratory specimens, biological products, pharmaceuticals or drugs; and B. May not sell or give away any female dog that has not been spayed, or any male dog that has not been neutered; and
C. Shall, prior to the euthanasia of any impounded animal for any reason other than irremedial suffering, release the impounded animal to any nonprofit animal rescue or adoption organization, as defined in Section 501(c)(3) of the Internal Revenue Code, if requested by such organization prior to the scheduled euthanasia. In addition to any required spay or neuter fees, the division, at its discretion, may assess a fee, not to exceed the standard adoption fee, for animal(s) released. (Ord. 480 (part), 2000; Ord. 387 § 1 (part), 1991)
7.08.105 Veterinarian determination for injured animals.
All injured dogs and cats found without their owners in a public place shall be taken to a veterinarian known by the San Luis Obispo County Division of Animal Services (“division”) to be a veterinarian that ordinarily treats
Created: 2024-08-20 12:12:04 [EST]
(Supp. No. 22)
dogs and cats for a determination of whether the animal shall be immediately and humanely destroyed or shall be hospitalized and given emergency stabilizing treatment. (Ord. 480 (part), 2000; Ord. 387 § 1 (part), 1991)
7.08.110 Injured and/or diseased animals.
A. Every dog or cat taken into custody by the San Luis Obispo County Division of Animal Services (“ division”) which by reason of injury, disease or other good cause as determined by a licensed veterinarian as dangerous or inhumane to keep impounded, shall be forthwith destroyed by the division in an humane manner unless the owner or person entitled to the custody of the dog or cat can be notified by the division within a reasonable period of time to arrange and provide for medical care.
B. The division shall release such dog or cat to its owner or person having control of it upon payment of the redemption fees and other charges as provided in this chapter. However, if the licensed veterinarian determines that the dog or cat is diseased and by reason of such disease is dangerous to persons or to other animals, or to the general health and welfare of the county, the division shall destroy the dog or cat.
C. Injured or diseased animals may be humanely destroyed without regard to the prescribed holding time in order to alleviate suffering or to protect other impounded animals from exposure to a contagious disease. (Ord. 480 (part), 2000; Ord. 387 § 1 (part), 1991)
7.08.125 Reporting of animal bites.
All persons bitten and the parent or guardians of minor children bitten by a dog, cat, skunk, fox, bat, coyote, bobcat or other animal of a species subject to rabies shall notify the division within twenty-four hours of the next business day. Physicians treating such bites and other persons having knowledge of such bites shall also be required to make such notification.
(Ord. 480 (part), 2000)
7.08.130 Biting dogs.
It is a misdemeanor for any person to suffer, or permit any dog or other animal owned, harbored or controlled by him, to inflict upon any human being a bite that penetrates the skin while the person bitten is on any public place, or legally upon any private property. The person bitten may request the animal control officer to initiate criminal proceedings against such other person by submitting a signed, written complaint. (Ord. 480 (part), 2000; Ord. 387 § 1 (part), 1991)
7.08.140 Impoundment of dogs that bite.
A. Upon written notice by the division, the owner or person having the control of any dog which has, within the preceding ten days, bitten any person or animal shall, upon demand, and in the discretion of the division, do one of the following:
1. Confine the dog to the owner's premises; or
2. Surrender the dog to the division which shall impound and keep the dog at the public pound in a separate enclosure for a period of not less than ten days; or
3. Surrender the dog to a licensed veterinarian as designated by the division; or
Created: 2024-08-20 12:12:05 [EST]
(Supp. No. 22)
4. Surrender the dog to the division for quarantine at any other location or facility designated and approved by the division.
B. If the dog is quarantined on the premises of the owner, the division may post a quarantine sign on such premises, and it is unlawful for any person to remove the sign during the term of such quarantine without the consent of the division. Any quarantine provided for in this section shall be for a term of not less than ten days unless otherwise specified by the division. During the period, it shall be the duty of the division to determine whether or not such animal is suffering from any disease. If a duly licensed veterinarian designated by the division shall determine that the animal is diseased and, by reason of such disease, is dangerous to persons or to other animals, the veterinarian shall so notify the division in writing to destroy the animal. A copy of the notice may also be served upon the owner or person having control of the animal.
C. If the veterinarian shall determine that the dog is not so diseased, the division shall notify the person owning or having control of the animal at the address from which the animal was surrendered to the division and shall, upon demand, release the animal to the owner or person lawfully entitled to it, upon payment of any charges provided pursuant to this chapter, including expenses of quarantine and veterinary care; provided, however, that if no person lawfully entitled to such animal shall within three days after the date of giving the last mentioned notice, appear at the public pound and request the release of the dog, and pay the charges, the animal may be put up for adoption or disposed of by the division in the same manner as provided in this chapter.
D. Whenever a dog is order to be quarantined on the premises of the owner, an administrative fee to cover the expense of monitoring the quarantine will be charged.
(Ord. 480 (part), 2000; Ord. 387 § 1 (part), 1991)
7.08.145 Violation of quarantine.
It is unlawful for any person to suffer or permit any dog, cat, animal or household pet owned, harbored or controlled by same to violate any written quarantine notice. Any person who violates such written notice shall be guilty of a misdemeanor.
(Ord. 480 (part), 2000; Ord. 387 § 1 (part), 1991)
7.08.150 Suspicion of rabies.
A. Whenever the owner or person having the custody or possession of any animal shall observe or learn that such animal shows symptoms of rabies, or acts in a manner which would lead to a reasonable suspicion that it may have rabies, he/she shall immediately notify the division. Under the supervision of the county health officer such domestic animal shall be kept isolated in a pound, veterinary hospital, or other facility approved by the county health officer and shall not be killed or released for at least ten days after detection of symptoms suggestive of rabies. If a veterinarian determines that the animal does have rabies and should be euthanized the division shall destroy the animal in accordance with state law for the purpose of laboratory examination for rabies. After ten days the dog or other animal may be released by the division, provided the division has first determined that the animal does not have rabies.
B. The chief animal control officer, or duly authorized representative, is authorized and empowered to enter in a manner authorized by law, upon private property where any dog or other animal is kept, or believed by him to be kept, for the purpose of ascertaining whether the dog or other animal is afflicted or infected with rabies or other contagious disease.
(Ord. 480 (part), 2000; Ord. 387 § 1 (part), 1991)
Created: 2024-08-20 12:12:05 [EST]
(Supp. No. 22)
7.08.160 Registration and license.
Except as provided in Section 7.08.250, it is unlawful to own, keep or control any dog unless and except a license has been procured for it as provided in this chapter. This section shall have no application to dogs under the age of four months.
(Ord. 480 (part), 2000; Ord. 387 § 1 (part), 1991)
7.08.170 Vaccination required.
It is unlawful for any person owning, harboring, or having the care, custody or possession of any dog to keep or maintain such dog in any place in the city, or except as provided in Section 7.08.180, unless such dog has been vaccinated as provided in this chapter. This section shall have no application to dogs under the age of four months. (Ord. 480 (part), 2000; Ord. 387 § 1 (part), 1991)
7.08.180 License denied without vaccination.
The division shall not license any dog until it has been vaccinated with canine rabies vaccine by injection or other method approved by the division during the time prescribed by state law or the rules and regulations of the State Department of Public Health, unless the owner or person in possession of the same submits a certificate from a licensed veterinarian issued within the preceding sixty days, stating that, in his/her opinion, the rabies vaccination would be likely to seriously injure the dog. Any dog so excepted from the rabies vaccination shall be restricted to the enclosed yard of the owner or person in possession of the same except when held by rope, chain or leash. Any violation thereof by the owner or person in possession of such dog is unlawful. (Ord. 480 (part), 2000; Ord. 387 § 1 (part), 1991)
7.08.190 Rabies vaccination certificate.
A. The vaccination shall be performed by a duly qualified and licensed veterinarian. The veterinarian vaccinating the dog shall issue to the owner or person in possession of the dog a certificate of vaccination, which certificate shall include:
1. The type of vaccine used;
2. The date of vaccination;
3. The duration of vaccination;
4. Description of the dog, including age, breed, sex and color;
5. Name and address of the owner of the dog.
B. A copy of this certificate shall be sent to the division within thirty days of such vaccination.
C. Each duly licensed veterinarian shall report monthly, to the county health officer, the number of cats receiving rabies vaccination.
(Ord. 480 (part), 2000; Ord. 387 § 1 (part), 1991)
Created: 2024-08-20 12:12:05 [EST]
(Supp. No. 22)
7.08.195 Rabies deposit fee required.
Any person procuring a dog license without a valid rabies vaccination for reason of redeeming an impounded animal or clearing a citation will pay a rabies deposit fee. Deposit is refundable upon proof of current vaccination certificate, through normal county refund procedures. Proof of rabies vaccination shall be made to the division within thirty days or the license will be void.
(Ord. 480 (part), 2000; Ord. 387 § 1 (part), 1991)
7.08.200 Record of registration.
The division San Luis Obispo County Division of Animal Services (“division”) shall maintain a record in which it shall, upon the application of any person owning or having the custody of any dog in the city, and the payment to it of the license fee prescribed in this chapter, register the dog by entering in the record its name (if any), its sex and general description, whether it has been spayed or neutered, the name of its owner or custodian, the number of the tag issued for it, the date of expiration of the rabies vaccination, the date of issuance and the amount received for the license fee.
(Ord. 480 (part), 2000; Ord. 387 § 1 (part), 1991)
7.08.210 License—Tags.
Upon exhibition of the proper evidence of vaccination and payment of the license fee, there shall be delivered to the person making such payment a metal tag with a number and words stamped thereon designating the tag as a dog license for San Luis Obispo County, which dog tag shall be worn at all times by the dog for which the tag was issued. If the dog is exempted from vaccination, pursuant to Section 7.08.180, the dog tag shall have a distinguishing mark as evidence of such fact.
(Ord. 480 (part), 2000; Ord. 387 § 1 (part), 1991)
7.08.220 Annual licensing of dogs.
Each license issued shall be effective for a period of one year, two years, or three years at the option of the owner, but contingent upon payment of all required fees, charges and penalties required by this chapter and compliance with all conditions required for the issuance of a license.
A. A license will be valid from the date of issue and shall expire one year, two years, or three years from the date of issue, except when the duration of the rabies vaccination expires prior to that date. In such cases, the license will expire on the same date as the rabies vaccination.
B. License renewals shall be required prior to the expiration date of the license.
C. If renewal is not required, dog owners shall advise the division in writing, of the reason therefor. (Ord. 480 (part), 2000; Ord. 387 § 1 (part), 1991)
7.08.230 License fees.
The division shall collect a fee for dog licensing.
Created: 2024-08-20 12:12:05 [EST]
(Supp. No. 22)
A. The owner or custodian of an unaltered dog may place a deposit for spaying or neutering with the division for a one year license. This deposit shall be forfeited if the operation is not performed by the expiration date of the license.
B. A late penalty, as set by the board of supervisors, shall be charged if:
1. A license is not renewed prior to the expiration date;
2. Puppies are not licensed within thirty days after reaching four months of age;
3. Any dog brought into this city is not licensed within thirty days;
4. A person acquiring possession of a dog over four months of age does not license it within thirty days of taking possession.
C. Persons obtaining possession of any dog currently licensed by San Luis Obispo County shall upon payment of a transfer fee have ownership of the dog changed. (Ord. 480 (part), 2000; Ord. 387 § 1 (part), 1991)
7.08.240 Lost or damaged tag.
If the tag issued for any duly registered dog be lost or accidently destroyed during the period for which it is issued, the owner or custodian of such dog, upon making proof to the division of its loss or destruction, shall, upon payment of an established fee receive for such dog a duplicate tag. (Ord. 480 (part), 2000; Ord. 387 § 1 (part), 1991)
7.08.250 License—Exceptions.
The provisions of this chapter requiring the licensing of dogs shall not apply to:
A. Dogs under four months of age;
B. Dogs owned by or in the custody or control of a person(s) who is not a resident of San Luis Obispo County, traveling through the county, or temporarily staying in the county for a period not exceeding thirty days;
C. Dogs brought into the city exclusively for the purpose of entering the dogs in any dog show or exhibition, and which are actually entered into, and kept at, such show or exhibition; D. Dogs on sale in duly licensed pet shops, or commercial animal operations; E. Dogs under the ownership, custody or control of the owner of a commercial animal operation duly licensed under the provisions of this title, or their duly authorized employee or agent when such dogs are removed from such operation in the bona fide operation of it for the purpose of exercise or training; provided, that any such dog bear an identification tag attached to its collar, which tag shall set forth the name of the licensed operation. A dog bearing such identification shall be treated in all respects as any other dog in the event of its escape and subsequent impoundment. (Ord. 480 (part), 2000; Ord. 387 § 1 (part), 1991)
Created: 2024-08-20 12:12:05 [EST]
(Supp. No. 22)
7.08.260 Fee exemptions.
All dogs qualifying under the following categories must be licensed and vaccinated under the provisions of this chapter, however, the owner shall be exempt from the license fee, provided that adequate evidence of their qualification and vaccination can be furnished at the time the license is issued:
A. Dogs which have served with the armed forces of the United States of America during any period of actual hostilities;
B. Dogs used by any governmental agency for the purpose of law enforcement must be licensed and vaccinated under the provisions of this chapter;
C. Dogs being raised or are trained specifically to perform as guide dogs, signal dogs, or service dogs as defined under California Civil Code Section 54.1.
(Ord. 480 (part), 2000; Ord. 387 § 1 (part), 1991)
7.08.270 Failure to pay fee or provide information.
It is unlawful for any person owning or having the care, custody or control of any dog in the city, to refuse, fail or neglect to pay the license fee at the time and manner herein provided, or to refuse, fail or neglect to furnish to the division, the sheriff, or any of their duly qualified and authorized representatives, or employees, the information necessary to properly license the dog.
(Ord. 480 (part), 2000; Ord. 387 § 1 (part), 1991)
7.08.280 Counterfeiting.
It is unlawful for any person to remove any tag from any dog not owned by them or not lawfully in their possession or control or to place on any dog any current license tag not issued as provided for in this chapter for that particular dog or to make or have in their possession or to place on a dog any counterfeit or imitation of any license tag.
(Ord. 480 (part), 2000; Ord. 387 § 1 (part), 1991)
7.08.290 Limitations of dogs.
It is unlawful for any person or persons, to own, harbor or maintain, at any single-family dwelling, more than three dogs, four months of age or older, without obtaining the appropriate permit. (Ord. 480 (part), 2000)
7.08.310 Dogs in public parks.
A. Pursuant to the provisions of California Vehicle Code Section 21113, with respect to animals that may be found in a public park, whether or not in the company of their owners, it is unlawful for any person to permit any dog or other animal, owned, harbored or controlled by same, to be on the grounds of any public park unless the dog or other animal is securely leashed or the individual has been granted a city use permit by the recreation and parks director for the specific purpose of conducting an organized program or activity involving, but not limited to, canines.
Created: 2024-08-20 12:12:05 [EST]
(Supp. No. 22)
B. Properly licensed service dogs or dogs used by any government agency for law enforcement purposes are exempted from this section.
(Ord. 480 (part), 2000; Ord. 387 § 1 (part), 1991)
Chapter 7.12 CATS
Sections:
7.12.010 Duty of division to accept abandoned cats.
It shall be the duty of the division to receive and impound all cats believed to be abandoned by their owners. (Ord. 480 (part), 2000; Ord. 387 § 1 (part), 1991)
7.12.014 Cats at large.
Any cat found on any private property in the city may be taken up by the owner or possessor of the property and delivered to the division or detained on the property until picked up by the division as provided in Section
7.08.060.
(Ord. 480 (part), 2000; Ord. 387 § 1 (part), 1991)
7.12.020 Redemption of impounded cats.
A. The division shall securely keep any such impounded cat for a holding period as described under Section
7.08.095 for dogs, unless the cat is sooner reclaimed or redeemed by the owner or person having control thereof, or otherwise be disposed of as provided for in Section 7.08.110. Such redemption may be made by paying the department any charges as a fee per day for the care of the cat as imposed in this chapter.
B. No fees whatsoever shall be charged or collected for, or on account of, any cat which has been unlawfully taken up or impounded. The owner of a cat who believes that cat has been unlawfully seized may request a hearing before an impartial hearing officer from outside the division. (Ord. 480 (part), 2000; Ord. 387 § 1 (part), 1991)
7.12.025 Feral cat exception.
A. "Feral cats" which are defined as cats without owner identification and possess a consistent temperament of extreme fear and resistance to contact or socialization with people, can pose a particular safety hazard for shelter employees and they would be subject to cruel treatment by being caged for long periods of time.
B. Notwithstanding Section 7.12.020, if an apparently feral cat has not been reclaimed by its owner or caretaker within three days, division personnel qualified to verify the temperament of the animal shall verify whether it is feral or tame by using a standardized protocol. If the cat is determined to be truly feral, the cat may be euthanized or relinquished to a nonprofit animal adoption organization that agrees to the spaying or neutering of the cat and, at division discretion, after payment of a fee not to exceed the standard adoption fee, for the animal released.
(Ord. 480 (part), 2000)
Created: 2024-08-20 12:12:05 [EST]
(Supp. No. 22)
7.12.030 Sale, gift or destruction of cats.
At any time after the expiration of the holding period pursuant to this chapter, the division may continue to hold the animal or, without further notice and without advertising in any manner, sell, give away, or dispose of in a humane way, any cats not reclaimed or redeemed as aforesaid; provided, however, the division:
A. May not sell, give away or transfer title to any cats to any institution engaged in the diagnosis or treatment of human or animal disease, or in research for the advancement of veterinarian, dental, medical or biological sciences, or in the testing or diagnosis, improvement or standardization of laboratory specimens, biologic products, pharmaceuticals or drugs; and B. May not sell or give away any female cat that has not been spayed, or any male cat that has not been neutered; and
C. Shall, prior to the euthanasia of any impounded cat for any reason other than the irremedial suffering, release the impounded animal to any nonprofit animal rescue or adoption organization, as defined in Section 501(c)(3) of the Internal Revenue Code, if requested by such organization prior to the scheduled euthanasia. In addition to any required spay or neuter fees, the division, at its discretion, may assess a fee, not to exceed the standard adoption fee, for animal(s) released. (Ord. 480 (part), 2000; Ord. 387 § 1 (part), 1991)
7.12.040 Impoundment of biting cats.
A. Upon written notice by the division, the owner or person having the control of any cat which has, within the preceding ten days, bitten any person or animal shall, upon demand, and in the discretion of the division, do one of the following:
1. Confine the cat to the owner's premises; or
2. Surrender the cat to the division which shall impound and keep the cat at the public pound in a separate enclosure for a period of not less than ten days; or
3. Surrender the cat to a licensed veterinarian as designated by the division; or
4. Surrender the cat to the division for a quarantine at any other location or facility designated and approved by the division.
B. If the cat is quarantined on the premises of the owner, the division may post a quarantine sign on such premises, and it is unlawful for any person to remove the sign during the term of such quarantine without the consent of the division. Any quarantine provided for in this section shall be for a term of not less than ten days unless otherwise specified by the division. During the period, it shall be the duty of the division to determine whether or not such animal is suffering from any disease. If a duly licensed veterinarian designated by the division shall determine that the animal is diseased and, by reason of such disease, is dangerous to persons or other animals, the veterinarian shall so notify the division in writing to destroy the animal. A copy of the notice may also be served upon the owner or person having control of the animal.
C. If the veterinarian shall determine that the cat is not so diseased, the division shall notify the person owning or having control of the animal at the address from which the animal was surrendered to the department and shall, upon demand, release the animal to the owner or person lawfully entitled to it, upon payment of any charges provided pursuant to this chapter, including expenses of quarantine and veterinary care; provided, however, that if no person lawfully entitled to such animal shall within three days after the date of giving the last mentioned notice appear at the public pound and release of the cat, and pay the charges, the
Created: 2024-08-20 12:12:05 [EST]
(Supp. No. 22)
animal may be put up for adoption or disposed of by the division in the same manner as provided in this chapter.
D. Whenever a cat is ordered to be quarantined on the premises of the owner, an administrative fee to cover the expense of monitoring the quarantine will be charged. (Ord. 480 (part), 2000; Ord. 387 § 1 (part), 1991)
7.12.050 Limitation of cats.
It is unlawful for any person or persons to own, harbor, or maintain, at any single-family dwelling, more than three cats four months of age or older, without first obtaining the appropriate permit. (Ord. 480 (part), 2000; Ord. 387 § 1 (part), 1991)
Chapter 7.16 OTHER ANIMALS, POULTRY AND BIRDS
Sections:
7.16.010 Animals and poultry at large.
No person shall allow or permit any livestock, poultry, fowl, or other household pets, to run at large upon any public street or place, or to trespass upon the property of another. (Ord. 480 (part), 2000; Ord. 234 (part), 1982)
7.16.020 Wild bird sanctuary.
The city is designated a bird sanctuary, and signs bearing the legend "Morro Bay is a bird sanctuary" shall be placed at appropriate locations at or near the city limits at principal entrances to the city. (Ord. 480 (part), 2000)
7.16.025 Molesting wild birds—Nuisance remedies.
No person shall trap, shoot, hunt, molest, injure or kill any wild birds, or tamper, damage or destroy the nests or eggs of any wild birds within the city. Should the city council determine by resolution that birds protected under this chapter have become so numerous or destructive in any particular location or area as to constitute a menace and danger to the public health, safety or property, the council may provide for such remedies appropriate under the circumstances.
(Ord. 480 (part), 2000)
7.16.030 Poultry, rabbits and other fowl.
A. No person shall keep upon any premises in the city more than twelve of any poultry, rabbits, or other fowl:
1. Within fifty feet of any dwelling; and
Created: 2024-08-20 12:12:05 [EST]
(Supp. No. 22)
2. The owner or person in charge of such rabbits, poultry or other fowl kept in the city shall provide suitable houses or cotes with board or cement floors in each and every house and cote and such houses, cotes or pens shall at all times be kept clean.
B. No rooster over four months old shall be kept on any premises in the city, unless the premises involved is operating on a commercial basis or is on an agricultural zoned parcel in conformance with existing zoning regulations and state statutes governing such commercial operation. (Ord. 480 (part), 2000; Ord. 234 (part), 1982)
7.16.040 Livestock.
A. Except as otherwise permitted in this chapter, no person shall own, keep, maintain, stake or pasture any bovine, swine, sheep, goat, horse or other livestock upon any premises in the city unless the lot or parcel size is a minimum twenty thousand square feet or, the parcel is in a properly zoned agricultural district in which case the number of animals shall not exceed the maximum density allowed for such animals pursuant to Section 17.30.060 of this code.
B. All such fences, enclosures, corrals or pens used to restrain such animals in this section must be of adequate materials and properly maintained to humanely enclose and protect the animals and prevent the trespass of such animals upon any private property or upon any street or other public place. (Ord. 480 (part), 2000; Ord. No. 654, § 6, 11-22-22)
7.16.045 Keeping of pygmy livestock.
Pygmy livestock may be kept or maintained upon any premises subject to the following conditions:
A. Male pygmy livestock must be neutered before they reach sexual maturity.
B. Pygmy livestock shall be subject to the leash law.
C. No person or persons may own, harbor, or maintain or cause to be maintained more than two pygmy animals at any dwelling within the city, unless such dwelling is on a parcel that meets the size and zoning criteria as contained in Section 7.16.040 in which case the number of animals shall be limited to the maximum listed density allowed as codified.
(Ord. 480 (part), 2000; Ord. 459 § 42, 1997; Ord. 434 § 2, 1993: Ord. 234 (part), 1982)
CITY CODE TITLE COUNTY EQUIV. TITLE VARIANCES COMMENTS
7.04.010 Establishment of a public pound 9.01.004 Establishment of a public pound
7.04.015 Policy of adoption
7.04.020 Animal control officer - Duties 9.01.005 Chief animal control officer City code directs CACO to operate under supervision of the Sheriff.
Animal Services and the CACO currently are established within the County Health Agency and operate under the supervision of the Health Agency Director.
7.04.030 Animal control officer - Citation authority -
Authorized to carry weapons
9.01.006 Animal control officers - citation authority County code does not specify authority to carry weapons Authority for ACOs to carry firearms is established by state law.
7.04.040 Badges/Uniforms - Impersonating animal
control officer
9.01.009 Impersonation of animal control officer -
Prohibited
County code does not speifically authorize/require ACOs display of badge.
7.04.050 Records of division 9.01.010 Record of division City codde directs CACO to provide quarterly report to chief of police
Reporting requirements for Animal Services are established in the service agreement and are currently set to be issued semiannually. Those reports are made to the Chief of Police.
7.04.065 Fees 9.01.011 Fees
7.04.070 Unnecessary noise - Unsanitary conditions 9.02.004 Unsanitary conditions prohibited City code only addresses keeping of animals in unsanitary conditions. County code prohibits accumulation of animal wastes that create public nuisance or water quality
issues.
In the absence of the additional provision in the city code, Animal Services is unable to address individuals who may remove waste from an animal enclosure but allow it to
accumulate elsewhere on the property, creating a potential neighborhood nuisance or health issue.
9.02.005 Unnecessary noise County code provides prmae facie standard for noise violation
Primae facie standard allows for issunance of citations when problematic noise is substantiated by residents but not occurring in the immediate presence of the officer.
7.04.080 Noise/nuisance abatement 9.02.006 Investigation and abatement of noise or nuisance
7.04.085 Nuisance abatement hearing - Procedures
and findings
Substantiated nuisance allegations are submitted for filing with the DA. This results in a court hearing on the case, negating the need for an administrative hearing.
7.04.090 Owner's responsibility to dispose of dead
animals
9.02.011 Owner's responsibility to dispose of dead
dogs, cats, and household pets
City code only prohibits dumping of animal carcasses;
County code prohibits dumping of carcases and requires
sanitary disposal of animal remains on private property The absence of a requirement to dispose of animal remains on private property can result in deceased animals being left to decompose naturally, creating visually or sensory offensive cirucumstances.
7.04.100 Division disposal of dead animals 9.02.012 Disposition of dead dogs, cats, and household pets upon request
7.04.110 Definitions 9.01.003 Definitions Some variation in definitions. County code is more expansive.
Absence of some definitions may leave question about
interpretation or applicability.
7.04.120 Animal use operation, pet shop - Division
regulations
9.03.003 Animal keeping limitations - Variance to
9.05 Animal Breeding
9.06 Commercial Animal Operations
9.06.001 Commercial animal operation - Permit
required
7.04.125 Animal use operation, pet shops - Business
license required
9.06.004 Buisiness license required
COMPARISON OF COUNTY TITLE 9 AND MORRO BAY TITLE 7 PROVISIONS
GENERAL PROVISIONS
No equivelent
No equivelent
County code deliniates permitting requirements
seperately for the various types of operations.
While County code deliniates requirements seperately, there is no substantial difference between city and county codes in terms of the requirements established.
7.04.130 Permit refusal, suspension 9.06.006 Commercial animal opertion permit - Issuance, suspension and revocation
City code directs appeal of revocation or denial to city council. County code places those actions before Board of Supervisors.
This variance is inconseqential from Animal Services
perspective since the process would be largely the same from an operational level. Primary concern is wether the city would rather place responsibility for hearing and deciding appeals on the BoS or retain it locally. Animal Services has no preference in this regard. If city wants to retain hearing authority, that requirement can be establshed as an addendum to the code after the section adopting T9 by reference.
7.04.140 Interference with animal control officer 9.01.007 Interference with performance of duties
7.04.145 Violation of written order 9.01.008 Violation of order
7.04.150 Impoundment of sick/disabled aniamls -
Post and preseizure
Various codes within California state law already address these issues in detail. State code includes the provisions set out in the muni-code but have an expanded scope and language,
providing more clarity and direction.
7.04.160 Violation and penalties 9.01.012 Violation
7.04.170 Menacing and aggressive animals - Animal
owner and property owner responsibility
9.02.007 Menacing and aggressive animals
7.08.010 Stray dogs defined 9.01.003(jj) Definitions - "Stray"
7.08.020 Leash law 9.03.005 Leash law County code addresses loophole in muni code which allows dogs to roam at large provided they don't stray onto public property such as a roadway or park.
In the past this loophole has resulted in dismissal of some citations for leash law violations when dogs left their property to roam through other yards but never crossed the street.
7.08.025 Dog defecation removal 9.02.003 Animal wastes - Duty to remove County code extends the duty to remove waste to animals other than dogs (cats, livestock, etc.)
In the absence of this additional provision there is no requirement for removal of other animal waste (eg. cats defecating in neighbor's garden; equestrians leaving manure; etc.)
7.08.030 Enforcement of regulations 9.01.005(b)(1) Chief animal control officer
7.08.040 Seizing and impounding stray dogs 9.03.006 Duty of division to seize and impound dogs roaming at large
7.08.050 Dogs running at large 7.03.007 Dogs upon private property
7.08.060 Private individuals finding lost pets 9.04.001 Private individuals finding lost animals County code allows division to compell finders of lost animals to surrender them to Animal Serivces if deemed
necessary.
Failure of finders to relinquish stray animals can prevent them from being reunified with their owner.
7.08.070 Notice of impoundment 9.04.002 Notice of impoundment and holding period
7.08.080 Redemption of impounded dogs 9.04.004 Redemption of impounded animals County code does not have a provision for administrative hearing to challenge validity of impound
Challenges to impound fees are routinely heard and addressed through the customer service process. Administering such hearings is outside of the scope and capacity of Animal Services under current operational framework and would
require additional funding and ptoetnially staffing.
7.08.090 Redemption fees 9.04.008 Impound fees City code does not include provision to charge owner of impounded animal fees for the cost of boarding and
veterinary care.
Boarding and veterinary fees represent a significant portion of total costs associated with impounds and of revenue offset for city service contract fees.
7.08.095 Holding periods 9.04.006 Holding period - Household pets Due to differences in management and interaction of owners with livestock, a prolonged holding period is appropriate.
9.04.007 Holding period - Livestock
No equivelent
DOGS
County code establishes different holding time
requirements for household pets and livestock. City code makes no distinction.
7.08.100 Sale, gift, or destriction of unclaimed dogs 9.04.009 Adoption of unredeemed animals County code does not include provsision requireing release of animals to rescue organizations. However this requirement already exists under state code.
Absence of this provision will have no operational impact as Animal Sevices is govered by state code which establishes the same requirement.
9.04.010 Euthanasia of animals
7.08.105 Veterinarian determination for injured
animals
The provisions of this city code are also establsihed in state law.
7.08.110 Injured and/or diseased aniamls The provisions of this city code are also establsihed in state law.
7.08.125 Reporting of animal bites 9.08.005 Reporting of bites
7.08.130 Biting dogs 9.08.006 Biting animals - Penalty
7.08.140 Impoundment of dogs that bite 9.08.007 Isolation of biting and rabies exposed animals
7.08.145 Violation of quarantine The provisions of this city code are also establsihed in state law.
7.08.150 Suspicion of rabies 9.08.008 Suspicion of rabies
7.08.160 Registration and license 9.07.001 Dog license -Required
7.08.170 Vaccination required 9.07.003 Vaccination required
7.08.180 License denied without vaccination 9.08.003 Exemptions from rabies vaccination requirements
7.08.190 Rabies vaccination certificate 9.08.004 Rabies vaccination - Administration, certificates, and reporting
7.08.195 Rabies deposit fee required 9.07.005 Rabies deposit fee required
7.08.200 Record of registration While no equivelent county code exists, this information is automatically captured in the licensing process.
7.08.210 License - Tags 9.07.006 Dog license tags
7.08.220 Annual licensing of dogs 9.07.004 Dog license term
7.08.230 License fees 9.07.008 License fees
7.08.240 Lost or damaged tag Issuance of a replacement tag is not mandated by county code but is nevertheless conducted as a matter of routine business with appropriate fees set annually by the BoS.
7.08.250 License - Exeptions 9.07.002 Dog license - Exemptions
7.08.260 Fee exemptions 9.07.009 License fee - Waived
7.08.270 Failure to pay fee or provied information Provision is redundant - requirement for licensure is already established; by default, failure to license is a violation of that section.
7.08.280 Counterfeiting 9.07.010 Counterfeiting prohibited
7.08.290 Limitations of dogs 9.03.003 Animal keeping limitations - Dogs and cats
7.08.310 Dogs in public parks This code prohibits dogs from being in public parks unless they are held on leash by an owner. This provision is duplicative of the leash law which applies in all public areas, including parks, making the provision unnecessary.
No equivelent
No equivelent
No equivelent
No equivelent
No equivelent
No equivelent
No equivelent
CATS
7.12.010 Duty of division to accept abandoned cats
7.12.014 Cats at large
7.12.020 Reemption of impounded cats 9.04.004 Redemption of impounded animals
7.12.025 Feral cat exception Unnecessary following move away from impounding healthy stray cats.
7.12.030 Sale, gift, or destruction of cats 9.04.009 Adoption of unredeemed animals
9.04.010 Euthanasia of animals
7.12.040 Impoundment of biting cats 9.08.007 Isolation of biting and rabies exposed animals
7.12.050 Limitation of cats 9.03.003 Animal keeping limitations - Dogs and cats
7.16.010 Animals and poultry at large 9.02.001 Animals at large
7.16.020 Wild bird sanctuary
7.16.025 Molesting wild birds - nuisance remedies
7.16.030 Poultry, rabbits, and other fowl
7.16.040 Livestock
7.16.045 Keeping of pygmy livestock
9.02.002 Unauthorized feeding or attraction of
animals prohibited
Unregulated feeding of cats in public areas promotes
development of feral colonies, public nuisances, and
overpopulation
9.02.008 Animals designated as potentially
dangerous or vicious
This code places restrictions on the keepin go fanimals which have been previously designated as dangerous or vicious in another jurisdicition. By doing so, it ensures that animals which have had restrictions on their keeping imposed by a different jurisdition are still subject to those controls when brought into the local community. In the absence of this ordinance, animals edjudicated to be a public safety threat may be kept in the city of Pismo Beach without restriction.
9.02.009 Possession of unsafe and wild animals
prohibited
County code prohibits the private keeping of dangerous and wild animals such as wolf hybrids, large and venomous snakes which pose potential public safety risks.
9.02.010 Injury to animals by motorists- Duty to stop
and assist
This code requires that in the event that a domestic animal is injured by motorist, proper notifications are made to help ensure it receives timely treatment. In the absence of this code, injured animals are at increased risk of prolonged suffering and/or death.
No equivelent This code requires Animal Services to impound healthy stray cats. That practice has been found to be ineffective at controlling stray cat populations and leads to significantly high numbers of euthanasia. It is discouraged by industry leaders including HSUS, ASPCA, American Assn of Shelter
Veterinarians, and others. Efforts to promote SNR programs have largely supplanted this practice.
No equivelent
No equivelent
OTHER ANIMALS, POULTRY AND BIRDS
No equivelent
These codes establish various provisions unique to Morro Bay and the specific needs or circumstances of the city. If deemed necessary, they can be preserved as addendum codes
following the adoption of T9 by reference.
COUNTY CODES WITHOUT CITY EQUIVELENT
9.03.001 Microchipping required County code requiresmicrochipping of all dogs and cats over 16 weeks of age. A Similar state provision requires any animal coming into the custody of Animal Services be microchipped before being returned to its owner. Microchipping substantially increases the likelihood of an animal being returned to its owner and helps decrease shelter impounds. Absence of this provision may lead to increased impounds from Pismo Beach with associated impact on contract service fees.
9.03.003 Animal keeping limitations - Variance to County code allows for animal owners to obtain a variance permit for the keeping of additinal animals over the standard limitation. This permit is issued annually and requires inspection and evaluation to ensure animals are not creating nuisance concerns. Permits may be issued for circumstances such as a person keeping 5 cats that are housed appropriately and exclusively indoors or 4 dogs which are confined to the owners house and yard and which are not prone to barking.
9.03.004 Cats at large County code prohibits cat owners from allowing those animals to roam at large uless they have been altered. It also allows individuals findn an unaltered cat to have that cat spayed or neutered at their own const. This code helps to address the proliferation of community cats and feral cat colonies.
9.04.005 Vaccination and medical treatment of
impounded animals authorized
This code authorizes Animal Services to vaccinate and provide medical care for impounded animals. This is essential to prevent infectious disease in the shelter and to address basic animal welfare needs. Code also allows for recovery of
associated costs through billing of an identified animal owner.
9.04.007 Holding period - livestock This code is needded in order to define holding periods for livestock which are found roaming at large.
9.05.006 Report of animal sales
9.06.002 Commercial animaloperartion permitOperational standards
9.06.005 Emergency notification
9.07.007 Assistance animal tags Allows for assistance animal tag issued by Animal Services to also serve as a license tag. Absence of this provision would require the issuance and wearing of multiple tags.
9.08.002 Rabies vaccination required - Cats This code requires outdoor cats to be vaccinated against rabies. With regards to domestic aniamals, cats are the most at risk of exposure due to their natural predatory behavior and the virus' prevelence in bats. The absence of this ordinance creates a potential public health risk to individuals bitten by an outdoor cat.
No equivelent
This code section requires individuals engaged in animal breeding and sales accessory to residential use to obtain a permit for such operations. Further establishes standards and inspection allowance to ensure that those activities do not
San Luis Obispo County, California, County Code
Title 9 ANIMALS
San Luis Obispo County, California, County Code Created: 2024-06-24 08:11:35 [EST] (Supp. No. 16, Update 2)
Title 9
ANIMALS1
Chapter 9.01 GENERAL PROVISIONS
9.01.001 Division of animal services established.
There is hereby established a division of animal services which shall function as a division of the county health agency.
(Ord. No. 3498, 11-7-23)
9.01.002 Rules and regulations.
The chief animal control officer is hereby authorized to promulgate and enforce such rules or regulations consistent with the purposes, intent, and express terms of this title as he deems necessary to implement such purposes, intent and express terms.
(Ord. No. 3498, 11-7-23)
9.01.003 Definitions.
This section provides definitions of terms and phrases used in this title that are technical or specialized, or that may not reflect common usage. If any of the definitions in this section conflict with definitions in other provisions of this code, these definitions shall control for the purposes of this title. If a word is not defined in this section, or in other provisions of this code, the chief animal control officer shall determine the correct definition.
The chief animal control officer shall have the authority to render interpretation and discretion regarding the applicability of any definition set forth in this section. (a) "Aggressive" means the demonstration of behavior indicating that an animal is likely or prone to unprovoked attack against a person or another animal.
(b) "Altered" means having been spayed or neutered.
(c) "Animal" means any member of the taxonomic kingdom Animalia other than a human being. (d) "Animal facility" means any lot, building, structure, enclosure, or premises wherein or whereon companion animals are kept or maintained for purposes related to the operation of any business or
1Ord. No. 3498, adopted November 7, 2023, repealed title 9, chs. 9.04—9.16, §§ 9.04.010—9.04.160, 9.08.010—
9.08.280, 9.12.010—9.12.040 and 9.16.010—9.16.030 and enacted a new title 9 as set out herein. Former title 9 pertained to similar subject matter and derived from Ord. 2474 § 1 (part), adopted 1990; Ord. 2764 § 1 (part), adopted 1996; Ord. 2809 § 1, adopted 1997; Ord. 2815 §§ 1, 2, 4—7, adopted 1997; Ord. 2838 § 1—5, 7—13, adopted 1998; Ord. 2507 § 1 (part), adopted 1991; Ord. No. 3167, §§ 1, 2, 3, 4, 5, adopted Nov. 25, 2008; Ord. No. 3228, § 1, adopted July 17, 2012.
Created: 2024-06-24 08:11:34 [EST]
(Supp. No. 16, Update 2)
organization, including, but not limited to, a pet shop, grooming facility, breeding facility, boarding facility, stable or non-profit humane organization.
(e) "Animal operation" means any commercial or non-profit endeavor which is wholly or in part based upon the care, keeping, or utilization of companion animals in the conduct of its business or operation. (f) "At large" means being upon any private property while unrestrained by a leash and without permission of the person who owns or has a right to possess or use the property; or, being upon public property or private property which is open to the public while unrestrained by a leash. (g) "Board of supervisors" means the San Luis Obispo County Board of Supervisors. (h) "Business day" means any day that the division's animal shelter is open to the public. (i) "Cat" means a Felis catus of either sex, altered or unaltered; or any animal which is a hybrid of a Felis catus.
(j) "Chief animal control officer" means the animal services manager of the County of San Luis Obispo or his designee.
(k) "Commercial" means any transaction, relationship, business or endeavor which involves the exchange of money, or traded goods or services, in exchange for any material consideration or service. (l) "Commercial animal operation" means:
(1) Any commercial enterprise other than a duly licensed veterinary hospital which involves the direct care, keeping or maintenance of companion animals conducted from a non-residential location; or
(2) Any commercial enterprise other than a duly licensed veterinary hospital conducted from a residential location which involves the direct care, keeping or maintenance of companion animals and at which the number of animals kept exceeds the maximum allowed under the provisions of this title or other applicable codes; or
(3) Any commercial enterprise other than a duly licensed veterinary hospital which involves the care, keeping, or maintenance of companion animals conducted from a residential location and with gross annual revenue exceeding ten thousand dollars.
(m) "Companion animal" means any animal of a species normally kept by people for the purposes of companionship, recreation, or sport. For the purposes of this title, this definition includes horses, donkeys, mules, and any other domesticated equine.
(n) "County" means the County of San Luis Obispo.
(o) "Division" means the division of animal services, the chief animal control officer and/or his or her duly authorized representative(s).
(p) "Dog" means a Canis familiaris of either sex, altered or unaltered; or any animal which is a hybrid of a Canis familiaris.
(q) "Domestic animal" means any animal of a vertebrate species which:
(1) Has been selectively bred to live in a tame condition for the purposes of being a household pet, food or fiber source, or work animal; and
(2) Is generally dependent upon people for its survival; and (3) Is notably distinct in conformation and/or behavior from its wild ancestors. (r) "Health agency" means the County of San Luis Obispo Health Agency as established in Chapter 2.26 of this code.
Created: 2024-06-24 08:11:34 [EST]
(Supp. No. 16, Update 2)
(s) "Heel" means for a dog to walk with its head or body remaining parallel and directly adjacent to the legs of its handler.
(t) "Hobby breeder" means any private person who offers any dog, cat, or other animal normally kept as a household pet for sale or in exchange for any monetary or other non-monetary consideration, provided that:
(1) The sale of such animals is conducted as an accessory use from a private residence; and (2) The number of animals kept at that location does not exceed the maximum allowed under the provisions of this title or other applicable codes; and (3) The total gross revenue realized from the breeding or sale of animals does not exceed an annual revenue of ten thousand dollars.
(u) "Household pets" means any animal normally kept for purposes of companionship or amusement, including, but is not limited to, cats, dogs, canaries, parrots, fish, rodents, rabbits, turtles, lizards, and snakes.
(v) "Identification" means any visible or readily discoverable tag, tattoo, microchip or other information bearing mark or device attached to, or implanted in, an animal giving indication that the animal is owned and providing, at a minimum, a current phone number or address at which the owner can be contacted.
(w) "Impound" means to have been received into the custody of the chief animal control officer, any of his or her authorized agents or officers, or any public agency. (x) "Irremediable" means any injury or illness causing significant malaise, discomfort, or suffering to an animal and which is without treatment or which would not normally be treated by the average animal owner in the community.
(y) "Livestock" means all domestic animals other than household pets including, but not limited to, horses, ponies, mules, donkeys, cattle, sheep, goats, swine, and poultry. (z) "Menacing" means the demonstration of behavior indicating an intent to inflict harm or which otherwise places a person in reasonable fear for his or her safety, the safety of others, or the safety of animals kept by them.
(aa) "Non-profit humane organization" means any animal operation conducted by a bona fide charity in good standing under the provisions of Section 501(c)3 of the Internal Revenue Code and in compliance with all state and local codes pertaining thereto.
(bb) "Neuter" means to be rendered incapable of reproduction as a result of surgical removal of the testes. (cc) "Owner" means any person who exercises legal possession or custodianship of an animal, or who legally claims the right to possession or custodianship of an animal. (dd) "Person" means any individual, firm, partnership, corporation, company, society, or association and every officer, agent, or employee thereof.
(ee) "Public nuisance" means any condition or circumstance which:
(1) Effects a substantial portion of a neighborhood as determined by the division; and (2) Is indecent or offensive to the senses, adversely impacts the health and safety of others, or otherwise impedes the reasonable use and enjoyment of property. (ff) "Quarantine" means the strict confinement of an animal in a location which prevents its interaction with other animals and limits interaction with people during the period in which it is under observation for signs indicative of an infectious disease.
Created: 2024-06-24 08:11:34 [EST]
(Supp. No. 16, Update 2)
(gg) "Severe bodily injury" means any physical injury which results in deep lacerations with separation of subcutaneous tissues, muscle tears, lacerations, fractures or joint dislocations, or permanent impairment of locomotion or special senses.
(hh) "Spay" means to be rendered incapable of reproduction as a result of the surgical removal of the ovaries.
(ii) "Stable" means any lot, building, enclosure, or premises maintained for the purpose of lodging, feeding, boarding or rental of horses or other livestock. (jj) "Stray" means any animal subject to leash law or other confinement restrictions which is found roaming at large and without an owner or custodian in the immediate vicinity. (kk) "Veterinarian" means a professional licensed by the State of California to practice the science and art of disease and injury diagnosis, prevention, treatment and cure in animals. (Ord. No. 3498, 11-7-23)
9.01.004 Establishment of a public pound.
A public pound is authorized and established at such place(s) in San Luis Obispo County as shall be fixed from time to time by the board of supervisors.
(Ord. No. 3498, 11-7-23)
9.01.005 Chief animal control officer.
(a) The animal services division shall be under the direction of the chief animal control officer subject to the supervisory control of the county health agency director. (b) It shall be the duty of the chief animal control officer to:
(1) Enforce the provisions of this title, any other sections of San Luis Obispo County Code pertaining to the care and keeping of animals, and all applicable statutes and regulations of the state. (2) Designate and employ those individuals who shall perform the duties of animal control officer. (3) Have charge of and supervise the county animal shelter(s) under his or her jurisdiction. (4) Keep records of all animals impounded in said shelter(s). (5) Keep accounts of all moneys collected and received in the administration of the title. (c) Nothing in this section is intended to create a mandatory duty to perform the duties above for purposes of imposing liability under Government Code section 815.6. (Ord. No. 3498, 11-7-23)
9.01.006 Animal control officers—Citation authority.
The chief animal control officer and his or her duly appointed staff shall have the power to issue citations pursuant to Sections 1.08 and 9.01.012 of this code.
(Ord. No. 3498, 11-7-23)
Created: 2024-06-24 08:11:34 [EST]
(Supp. No. 16, Update 2)
9.01.007 Interference with performance of duties.
It is unlawful for any person to hinder, resist or obstruct the chief animal control officer or any of his or her staff or employees in the exercise of their lawful duties. Any person who violates this section is guilty of a misdemeanor.
(Ord. No. 3498, 11-7-23)
9.01.008 Violation of order.
Except as provided in this chapter, any person who, after written notice, violates, or who upon the demand of the division, refuses or neglects to conform to any lawful rule, written order, or regulation prescribed by the division is guilty of an infraction.
(Ord. No. 3498, 11-7-23)
9.01.009 Impersonation of animal control officer—Prohibited.
It is unlawful for any person who has not been designated to the position of animal control officer as provided in Section 9.01.004, to represent himself or herself to be, or to attempt to act as an animal control officer. Any person who violates this section is guilty of a misdemeanor. (Ord. No. 3498, 11-7-23)
9.01.010 Record of division.
The division shall keep a record of the number, description and disposition of all animals impounded, showing in detail in the case of each, the date of receipt, the date and manner of disposal, the name of the person reclaiming, redeeming or receiving such dogs, cats or household pets, the reason for destruction and such additional records as the board of supervisors may from time to time direct. (Ord. No. 3498, 11-7-23)
9.01.011 Fees.
(a) Whenever fees are to be charged by the division of animal services, these fees shall be set by ordinance or resolution of the board of supervisors.
(b) A fee, including a penalty fee, may be waived if, in the discretion of the chief animal control officer, it is contrary to interests of justice, would adversely impact animal welfare, or would impose an undue financial hardship upon the payee.
(Ord. No. 3498, 11-7-23)
9.01.012 Violation.
(a) Except as otherwise provided, violation of a provision of this title is an infraction. (b) Each day upon which a violation occurs or continues to occur shall constitute a separate offence. (Ord. No. 3498, 11-7-23)
Title 9 - ANIMALS
Chapter 9.02 ANIMALS GENERALLY
San Luis Obispo County, California, County Code Created: 2024-06-24 08:11:35 [EST] (Supp. No. 16, Update 2)
Chapter 9.02 ANIMALS GENERALLY
9.02.001 Animals at large.
(a) No person shall allow or permit any animal, other than household pets, to run at large upon any public street or place, or to trespass upon the property of another.
(b) This provision shall not be construed as permitting the running at large of any household pets that are otherwise restricted by the provisions of this title or by any law applicable thereto. (Ord. No. 3498, 11-7-23)
9.02.002 Unauthorized feeding or attraction of animals prohibited.
It is unlawful for any person to place, deposit, or maintain food, water, shelter, or other similar attractant for an animal in any public park, plaza, woodland, other public place, or upon the private property of another person without the express consent and authorization of the property owner or tenant. (Ord. No. 3498, 11-7-23)
9.02.003 Animal wastes—Duty to remove.
Every person having custody or control of a dog or cat shall promptly remove and dispose of, in a sanitary manner, all feces and other solid waste left by such animal in any public area or on any private property other than that of the animal's owner or keeper.
(Ord. No. 3498, 11-7-23)
9.02.004 Unsanitary conditions prohibited.
It is unlawful for any person to do any of the following:
(a) Keep an animal confined upon any premises or in any enclosure which is befouled by animal waste, trash or debris, or any other foul, noxious, or unsanitary condition. (b) Allow the accumulation or deposit of animal wastes upon his or her property in such a quantity as to disturb the owners, occupants, or users of adjacent properties by way of offensive odor or the attraction of flies, insects, or other vermin.
(c) Allow the accumulation or deposit of animal wastes in a location and quantity so as to befoul or pollute waters entering surface or storm drainage systems.
(Ord. No. 3498, 11-7-23)
9.02.005 Unnecessary noise.
(a) It is unlawful for any person to keep, harbor or maintain upon any lot, or in any residence, building, or structure owned, occupied, or controlled by them any animal which, by any frequent or prolonged noise, causes annoyance or discomfort to a reasonable person of normal sensitivities.
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(Supp. No. 16, Update 2)
(b) Prima facie evidence of a violation of this section shall be established if the noise from any such animal disturbs:
(1) Two or more individuals residing in separate dwellings directly adjacent to the property whereat the animal is kept, or
(2) Three or more individuals residing in separate dwellings in close proximity to the property whereat the animal is kept.
(c) Frequent and repetitive violations of this section may be deemed a public nuisance. (d) This section shall not apply to sounds made by livestock kept upon property which is zoned to allow the keeping of agricultural animals nor shall it apply to any appropriately permitted commercial animal facility situated in a location zoned for such an operation, provided that such noise is consistent with normal and expected levels for that type of animal keeping.
(Ord. No. 3498, 11-7-23)
9.02.006 Investigation and abatement of noise or nuisance. (a) Should the division determine through investigation that any animal habitually causes or creates a public nuisance, the chief animal control officer may issue to the owner of the animal an order to abate the nuisance forthwith.
(1) The division may initiate such an investigation independently upon reasonable suspicion or other good cause that a public nuisance exists; or
(2) The division shall initiate such an investigation upon the written affirmation from three individuals alleging that any animal is causing or creating a public nuisance, provided that those individuals reside in, or occupy, separate dwellings or businesses in proximity to the alleged nuisance. (b) Upon issuance of an order to abate a nuisance, a fine may be levied by the division against the owner of the animal.
(c) If a public nuisance is not successfully abated upon the order of the chief animal control officer, the division may present the results of such investigation to the district attorney for prosecution. (Ord. No. 3498, 11-7-23)
9.02.007 Menacing and aggressive animals.
(a) It is unlawful for any person to keep, harbor, or maintain any aggressive or menacing animal which threatens, harasses, or intimidates a person who is peaceably and lawfully upon public or private property, unless it is contained in an enclosure of a construction adequate to keep it securely confined and prevent its escape.
(b) Upon notification of a violation of subsection (a), the animal owner(s) must immediately confine it to an enclosure or location that mitigates the aggressive and menacing behavior. (c) It is unlawful for any person to permit any animal owned, harbored, or controlled by him or her to attack and cause severe bodily injury or death to another domestic or captive animal while off the property of its owner or keeper.
(d) Liability of Property Owners.
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(1) Owners of properties upon which a tenant keeps, harbors, or maintains any aggressive or menacing animal may, along with the animal owner(s), be jointly and severally liable for penalties related to violations of subsection (a), provided that they have received at least fourteen days prior written notice of the existence of such violation and the violation has not been abated. (Ord. No. 3498, 11-7-23)
9.02.008 Animals designated as potentially dangerous or vicious. (a) Any animal designated under the provisions of another municipal, county, or state law as potentially dangerous, vicious, or their respective equivalent shall be considered so designated within the County of San Luis Obispo as well.
(b) Any and all terms or restrictions related to the keeping, confinement, and care of the animal issued in association with that designation shall be fully and equally in force within the county. (Ord. No. 3498, 11-7-23)
9.02.009 Possession of unsafe and wild animals prohibited.
It is unlawful for any person to own, keep, maintain, or possess any animal which is wild by nature and which, because of its size, disposition, or other characteristics could constitute a danger to human life or property. (a) Such animals shall include, but are not necessarily limited to, the following:
(1) Mammals:
a. Any canine other than a member of the species Canis familaris (domestic dog), including wolves, coyotes, foxes, jackal, or any hybrid thereof.
b. Any feline other than a member of the species Felis catus (domestic cat), including mountain lions, bobcats, tiger, or any hybrid thereof.
c. Hyenas, bears, elephants, and primates.
(2) Reptiles:
a. Any species of front fanged venomous snake, or hybrid thereof. b. Any venomous species of Heloderma.
c. Reticulated pythons, rock pythons, Burmese pythons, anacondas, or any other snake which commonly exceeds ten feet in length at adulthood.
d. Any crocodile or alligator.
(3) Any other terrestrial animal species, except for honey-producing bees, which is venomous to human beings, whether its venom is transmitted by bite, sting, touch or other means. (b) This prohibition shall not apply to:
(1) Livestock;
(2) Any member of the following taxonomic groups:
a. Aves (birds);
b. Equidae (horses, asses, and zebras);
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c. Camelidae (camels, llamas, alpacas);
d. Ruminatia (Oxen, bison, deer, antelope, chevron).
(3) Any wild and dangerous animal being transported through the county provided that the possessor is in compliance with all state and federal laws related to the keeping, possession, and transport of such animals, and provided that the animal does not remain within the county for more than twenty-four hours;
(4) Any zoo, circus, museum, educational or academic research institution, veterinary hospital, wildlife rehabilitation or breeding organization, animal rescue, or commercial film or video production company provided that the animals are kept and confined in a manner which precludes their escape and which fully protects the public from harm. (Ord. No. 3498, 11-7-23)
9.02.010 Injury to animals by motorists—Duty to stop and assist. (a) The operator of a motor vehicle or self-propelled vehicle which strikes and injures or kills any domestic animal on any public roadway shall:
(1) Stop and give reasonable aid, assistance, and/or protection to said animal, provided that this can be done without the operator placing himself at unreasonable risk; and (2) Contact the animal's owner, if known, or the animal services division, highway patrol, or the sheriff's or police department with jurisdiction, and report the location and facts of the incident, including their name and contact information; and
a. Remain at the scene until the owner, appropriate law enforcement or animal control authority arrives or until otherwise dismissed by that authority; or b. In the case of an animal which is injured and not dead, the operator may immediately transport the animal to a veterinarian for treatment.
(b) This section shall not apply to public safety officers or emergency response personnel if the vehicle they were operating was responding to an emergency situation at the time the animal was struck. (Ord. No. 3498, 11-7-23)
9.02.011 Owner's responsibility to dispose of dead dogs, cats and household pets. (a) The owner of any dog, cat, or household pet which has died shall dispose of the carcass in a sanitary manner within twenty-four hours of becoming aware of its death. (b) It is unlawful for any person to place the carcass of an animal, or any portion thereof, in or upon any roadway, park, public place, or upon the private property of another without the express consent of the property owner or possessor.
(Ord. No. 3498, 11-7-23)
9.02.012 Disposition of dead dogs, cats and household pets upon request.
It shall be the duty of the division, upon the request of any owner of any dead dog, cat or household pet which was kept or maintained in the county immediately prior to its death, or upon the request of any person discovering a dead dog, cat or household pet upon his or her premises or upon any public road, highway, street,
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alley, square, park, school ground or other public place, or in or upon any lot or premises, to forthwith bury or dispose of the animal in such manner as may be prescribed by law. The division may charge and collect fees, which may be set by resolution of the board of supervisors, for the transportation and disposal of the dog, cat or household pet from the owner or person having had possession or control of the animal if same can be ascertained.
(Ord. No. 3498, 11-7-23)
Chapter 9.03 DOGS AND CATS
9.03.001 Microchipping required.
(a) All dogs and cats over the age of four months must be implanted with an identifying microchip. (b) This provision shall not apply to:
(1) Dogs or cats for which a veterinarian licensed to practice within the state of California has issued a certificate indicating that such procedure would pose a serious risk to the health or life of the animal.
Such certificate shall be issued in a form as prescribed by the division. (2) Dogs or cats over eight years of age on January 1, 2022. (c) Any dog or cat without a microchip impounded by the division shall be microchipped prior to redemption or adoption.
(Ord. No. 3498, 11-7-23)
9.03.002 Animal keeping limitations—Dogs and cats.
(a) Except as provided by Section 9.03.003, no person may keep, harbor, or maintain more than three dogs, nor more than three cats, over the age of four months on any single lot, premises, dwelling, or living accommodation located within the county, nor may any person allow to be kept, harbored, or maintained more than three dogs, or more than three cats, over the age of four months on any single lot, premises, dwelling, or living accommodation controlled by them and located within the county. (b) This section shall not apply to any duly permitted commercial animal operation. (Ord. No. 3498, 11-7-23)
9.03.003 Animal keeping limitations—Variance to.
(a) The division may issue a permit for a variance to the limitations on animal keeping as established by Section
9.03.002. The issuance of such a permit shall be at the discretion of the chief animal control officer taking into consideration the following:
(1) The type and characteristics of the animals to be kept, (2) The type and quality of housing or confinement provided for the animals, (3) The ability of the owner to maintain the animals in a manner which minimizes undue impact on adjacent neighbors,
(4) Laws, ordinances, regulations and rules applicable to the keeping of animals at the subject location and
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(5) Documentation or awareness of prior animal welfare problems or adverse neighborhood impacts related to the keeping or management of animals by the permit applicant. (b) Permits for a variance to animal keeping limitations shall be issued for the calendar year, or any part thereof, for which the variance is sought. Each permit shall expire on December 31 of the current year, provided that such permit may be renewed without penalty on or before January 1 of the next year. (c) The division may assess a fee for the issuance or the annual renewal of a permit for variance. No proration of the fee shall be made for new permit or renewal applications submitted after January 1, provided that permits issued for new applications submitted after October 1 shall be valid until December 31 of the following year.
(d) A penalty fee may be assessed for permit renewal applications submitted after January 31. (Ord. No. 3498, 11-7-23)
9.03.004 Cats at large.
(a) No person shall permit any unaltered cat owned, harbored, or controlled by him to roam at large. (b) Any person finding a cat roaming at large may, at their own expense, have that animal spayed or neutered by a veterinarian.
(Ord. No. 3498, 11-7-23)
9.03.005 Leash law.
(a) No person shall permit any dog owned, harbored, or controlled by him to be in or upon any public roadway, walkway, park or other public area unless securely restrained by a leash and under the direct control of a person competent to exercise full care, custody, and charge over such dog, or unless the dog is at a "heel" beside a person and obedient to that person's command.
(b) No person shall permit any dog owned, harbored, or controlled by him to trespass or be upon the private property of another without the express prior consent of the property owner or possessor. (c) The provisions of this section shall not be applicable:
(1) To any dog actively engaged in the herding of livestock or hunting provided it is obedient to the commands of the person controlling them during these activities; (2) Within the boundaries of any park or other public area specifically designated and authorized by the controlling agency as an off-leash recreational area for dogs; or (3) Any registered service dogs or dogs associated with search and rescue or law enforcement. (Ord. No. 3498, 11-7-23)
9.03.006 Duty of division to seize and impound dogs roaming at large.
It shall be the duty of the division to seize and impound, in a lawful manner and subject to the provisions of this title, any dog found running at large.
(Ord. No. 3498, 11-7-23)
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(Supp. No. 16, Update 2)
9.03.007 Dogs upon private property.
The owner or possessor of any private property may take up and deliver to the division, or detain for the division to pick up, any dog found running at large upon that property. (Ord. No. 3498, 11-7-23)
Chapter 9.04 IMPOUNDMENT OF ANIMALS
9.04.001 Private individuals finding lost animals.
(a) Any person finding a lost, stray or stolen animal shall notify the division by any means available within twenty-four hours of the event and provide his or her name, address, phone number, a description of the animal, and the time and location at which it was found. (b) Any person having custody of a lost, stray, or stolen animal shall surrender such animal to the division upon demand of the chief animal control officer. Failure to comply with this provision is a misdemeanor. (Ord. No. 3498, 11-7-23)
9.04.002 Notice of impoundment and holding period.
(a) Upon impounding any animal with identification, the division shall make reasonable efforts to notify the owner or custodian of the impoundment within twenty-four hours, excluding Sundays and holidays. The owner or custodian shall also be notified that the animal must be redeemed within three business days and, that unless so redeemed, the animal may be disposed of in a manner as provided by this title. (1) Notification may be made by direct oral communication, telephone message, or posting of written notice at the address listed upon the animal's identification. (b) The division shall maintain a listing which includes the description, date of impound, and location taken up for all animals impounded by the division or reported as found by a private person. This information shall be made available to the public by means of a recorded phone message, website or any other reasonable means deemed appropriate by the chief animal control officer. (Ord. No. 3498, 11-7-23)
9.04.003 Authority to take up.
(a) The division may take into custody:
(1) Any animal found running at large contrary to the provisions of this title or other applicable statute. (2) Any animal delivered to the division by a peace officer as defined by California Penal Code Sections 830.1-830.9.
(3) Sick, injured, or abandoned animals for which the owner or custodian cannot be located or is unable or unwilling to provide appropriate care.
(4) Any animal which presents an active or immediate health or safety risk to the public or other animals. (5) Any animal whose owner or custodian has failed to provide it with necessary sustenance, drink, shelter, and veterinary care.
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(6) Any animal which is confined inhumanely or subject to needless suffering, torment, or otherwise cruel and unnecessary treatment.
(7) Any animal which by law the division is authorized to impound. (b) Any owner or custodian of an animal who believes that the animal has been unlawfully impounded may request a hearing before the chief animal control officer to determine the issue of whether it was lawfully seized and impounded.
(1) The chief animal control officer or his or her designee shall conduct such hearing within seven calendar days of the request.
(2) In the event the animal is determined to have been unlawfully impounded, the division shall refund to the owner or custodian any and all fees associated with the impound other than those associated with the licensure of the animal as required by this title or those due to any veterinary or special care fees necessary for the health and safety of the animal.
(Ord. No. 3498, 11-7-23)
9.04.004 Redemption of impounded animals.
(a) The owner or custodian of any animal taken up and impounded under the provisions of this title may, at any time before the adoption or disposal thereof, redeem such animal by paying to the division the fees and charges prescribed by this title and any other applicable statutes which have accrued up to the time of such redemption.
(b) Any person seeking to redeem an animal impounded under the terms of this provision shall demonstrate to the satisfaction of the division that he or she is the owner or duly authorized custodian of the animal. (c) Any person who is denied the redemption of an animal shall be provided written notification of the basis of the denial and afforded the opportunity to make the corrections necessary to secure the redemption of the animal during which time the animal shall remain in the division's custody. (d) Any person who is denied the redemption of an animal may request a hearing before the chief animal control officer into the validity of the denial. The chief animal control officer or his or her designee shall conduct such hearing within two business days of the request. (e) Failure of a person denied the redemption of an animal to implement the necessary corrections or to request a hearing into the denial within seven days shall be deemed abandonment of the animal which may then be disposed of by the division in a manner provided by this title. (Ord. No. 3498, 11-7-23)
9.04.005 Vaccination and medical treatment of impounded animals authorized.
The division is hereby authorized to administer to any impounded animal such vaccinations, preventative medical treatment, or parasite controls as may be deemed necessary to promote the health and welfare of the animal or of other impounded animals. The cost for the administration of such medications or treatment may be included in the calculation and assessment of impound fees. (Ord. No. 3498, 11-7-23)
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(Supp. No. 16, Update 2)
9.04.006 Holding period—Household pets.
(a) Unless otherwise specified within this title or by California state code, any household pet impounded under the provisions of this title shall be held by the division and kept available for owner redemption for a period of no less than three business days, not including the day of impoundment. (b) Calculation of the holding period for animals impounded with current identification as defined by Section
9.01.003(v) shall commence upon notification to the owner or custodian of the impoundment. If such notification is not made, the holding period for such animals shall be no less than seven calendar days. (c) Any animal surrendered to the division by its lawful owner may, at the division's discretion, be made immediately available for adoption.
(Ord. No. 3498, 11-7-23)
9.04.007 Holding period—Livestock.
(a) The division shall immediately notify the office of the California State Secretary of Agriculture and provide a description of any impounded bovine, horse, mule, or burro having been found at large. (b) Any livestock animal found at large shall be held by the division and kept available for owner redemption for a period of no less than ten business days, not including the day of impoundment. (c) The division may authorize an individual finding any livestock animal other than a bovine roaming at large to maintain custody of the animal pending identification of the owner, provided they keep it adequately confined and provided with appropriate care. If the owner is not identified after thirty days, the finder may establish ownership of the animal as provided in Section 9.04.009. The individual finding the animal roaming at large may at any time turn such animal over to the division. (Ord. No. 3498, 11-7-23)
9.04.008 Impound fees.
(a) Before an impounded animal is released to the owner or custodian, he or she shall pay fees to the division for the following:
(1) Any applicable license fee and late penalty for the animal; (2) An impound fee which shall be set to increase sequentially for the second, third, and subsequent impounds of the same animal within a one-year period. The first impound fee shall be waived for any dog wearing a current license tag at the time of impound; (3) A boarding fee for each day, or portion thereof, that the animal remains in the division's custody beginning the day following the date of impound;
(4) Any veterinary or special care fees assessed to, or incurred by, the division as a result of the impound of the animal. Payment of these fees does not constitute a guarantee against any future billing of the owner or custodian by a veterinarian or animal care provider for fees not yet assessed to the division or for the value of any discounted service provided to the division. (5) Any other fee established within the provisions of this title or by California state statute. (b) The above fees shall be set by the board of supervisors by ordinance or resolution and may be amended from time to time.
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(c) Any owner or custodian who refuses or fails to redeem an animal upon notification of its impoundment shall remain liable for all costs associated with its impoundment and incurred through the duration of its holding period.
(Ord. No. 3498, 11-7-23)
9.04.009 Adoption of unredeemed animals.
At any time after the expiration of the applicable holding period, the division may, without further notice and without advertising in any manner, adopt out any animal not reclaimed or redeemed provided that:
(a) No animal be adopted, given, or otherwise transferred to any individual, organization, or business for the purpose of being utilized in biomedical, pharmaceutical, or other laboratory testing or research. (b) No dog or cat shall be adopted, given, or otherwise transferred to any person, organization, or business, other than a non-profit humane organization, unless it has been previously spayed or neutered, or unless a veterinarian licensed to practice in the state of California certifies that it is too sick to undergo such a procedure, in which case the adopter shall pay to the division a deposit of no less than fifty dollars.
(1) The deposit shall be returned to the adopter upon provision of proof of alteration to the division. (2) Failure to provide proof of alteration or a renewed veterinarian's certification that the animal remains too ill to undergo surgery to the division within sixty days of the date of the deposit shall result in forfeiture of the deposit.
(Ord. No. 3498, 11-7-23)
9.04.010 Euthanasia of animals.
(a) Any impounded animal which, upon the conclusion of its holding period, has not been redeemed by its owner or which has not been adopted may be humanely euthanized by the division in its discretion. (b) Any owner surrendered animal which has not been reclaimed by its owner within a period of time equivalent to the holding period for impounded stray animals as set forth in Section 9.04.006 may be humanely euthanized by the division in its discretion.
(c) Any impounded or owner surrendered animal, regardless of its holding period, may be euthanized by the division upon diagnosis or recognition of an illness or injury causing irremediable suffering. (d) The division may provide for the humane euthanasia of animals upon request and certification by the owner that the animal:
(1) Has an illness or injury causing substantial suffering, discomfort, or malaise; or (2) Demonstrates unprovoked aggression towards people or domestic animals; or (3) Demonstrates undesirable behavior which is unmanageable and incompatible with the keeping of the animal as a domestic pet.
(Ord. No. 3498, 11-7-23)
Chapter 9.05 ANIMAL BREEDING AND SALES
Created: 2024-06-24 08:11:35 [EST]
(Supp. No. 16, Update 2)
9.05.001 Animal breeding—Permit required.
(a) No person, firm, corporation, or association shall breed with the intent to sell, nor offer for sale, any animal of a type normally kept as a household pet without having first obtained the appropriate permit from the division.
(1) In the event that the breeding operation qualifies as a hobby breeder under the definitions of this title, the permit type issued shall be that of a hobby breeder permit. (2) All other breeding operations shall be permitted as a commercial animal operation. (b) Application, approval, and maintenance of this permit shall be independent of, and in addition to, any other permits required by this code.
(c) Issuance of a permit under this section does not supersede, negate, or otherwise eliminate the requirement of an animal owner or keeper to comply with all other municipal, county and state regulations, ordinances, and laws related to the keeping, breeding and/or sale of animals. (Ord. No. 3498, 11-7-23)
9.05.002 Advertisement of animals for sale.
Any hobby breeder or commercial animal operation offering the sale of a household pet shall include the permit number issued for that operation in any print, electronic, or other form of advertisement. (Ord. No. 3498, 11-7-23)
9.05.003 Hobby breeder permit—Inspection required.
(a) The division shall conduct an inspection of the associated animal facility upon receipt of an application for a new hobby breeder permit and from time to time as may be deemed necessary by the chief animal control officer to ensure appropriate animal care and management. (b) Routine hobby breeder permit inspections may be conducted without prior notification to the permit holder or applicant during the normal business hours of the division. (c) Inspections conducted in conjunction with an investigation of alleged or suspected animal welfare concerns or permit violations may be conducted as necessary for that purpose. (d) Refusal of an applicant or permit holder to allow an inspection shall be grounds for denial or revocation of the hobby breeder permit.
(Ord. No. 3498, 11-7-23)
9.05.004 Hobby breeder permit—Issuance and revocation.
(a) An applicant shall be issued a hobby breeder permit by the chief animal control officer upon successful completion of an inspection of the associated animal facility and payment of any associated fees as may be established by the board of supervisors.
(b) A hobby breeder permit may be immediately denied, suspended, or revoked by the chief animal control officer upon due investigation and determination that:
(1) The issuance of such permit creates, is likely to create, or promotes a public nuisance; or
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(2) The permit holder or applicant has failed to maintain the premises in a clean, sanitary condition and poses an unreasonable risk to the health, safety and welfare of the animals residing at the premises; or (3) The permit holder or applicant has failed to provide appropriate care, housing, or confinement for the animals in his or her keeping; or
(4) The permit holder, applicant, or other resident of the property for which the permit is sought has been convicted of any offence involving a violation of Section 597 of the California State Penal Code or any other equivalent municipal, county, or state law or code. (5) The permit holder or applicant is maintaining or breeding animals in violation of municipal, county, or state law or code.
(c) In the event a hobby breeder permit is suspended or revoked, the holder of the permit shall be given an opportunity for a hearing before an impartial hearing officer from outside of the division, within forty eight business hours of the time of suspension. Upon conclusion of the hearing, the hearing officer may decide to:
(1) Dismiss the suspension or revocation and reinstate the permit with or without conditions; or (2) Suspend or revoke the permit.
This hearing shall be conducted in accordance with procedures adopted by the division and the hearing officer's decision shall be final.
(Ord. No. 3498, 11-7-23)
9.05.005 Hobby breeder permit—Term, fee, and delinquency. (a) Hobby breeder permits shall be issued for the calendar year, or any part thereof, during which the operation is maintained. Each permit shall expire on December 31 of the current year. (b) The division may assess a fee for the issuance or the annual renewal of a hobby breeder permit. No proration of the fee shall be made for new permit or renewal applications submitted after January 1, provided that permits issued for new applications submitted after October 1 shall be valid until December 31 of the following year.
(c) A renewal application may be submitted at any time during the calendar year without penalty, provided that such application is made prior to the breeding of the animals to be covered by the permit. In the event that a renewal application is not submitted prior to the breeding, the division may assess a penalty fee. (Ord. No. 3498, 11-7-23)
9.05.006 Report of animal sales.
Any holder of a hobby breeder permit shall report in writing the sale of any dog or cat to the division within thirty days of the event. Such report shall include:
(a) Date of sale;
(b) Species, breed, age, sex, and color of the animal; and (c) Name and physical address of purchaser.
(Ord. No. 3498, 11-7-23)
Chapter 9.06 COMMERCIAL ANIMAL OPERATIONS
Created: 2024-06-24 08:11:35 [EST]
(Supp. No. 16, Update 2)
9.06.001 Commercial animal operation—Permit required.
(a) No person shall conduct any commercial breeding, kennel, stable, pet shop or other commercial animal operation as defined in this title without first obtaining the appropriate permit from the division. (b) Issuance of a permit to operate under this section does not supersede, negate, or otherwise eliminate the requirement of an animal owner or keeper to comply with all other municipal and or county regulations and ordinances related to the sale or keeping of animals.
(Ord. No. 3498, 11-7-23)
9.06.002 Commercial animal operation permit—Operational standards. (a) The division shall establish minimum standards of sanitation, animal care, and animal housing for the operation of a commercial animal facility. In the event that another law or regulation sets forth different standards regarding the sanitation, care and housing of animals at the facility, the more restrictive law or regulation shall control.
(b) Failure of a permit holder to correct a deficiency in operational standards upon notification by the division constitutes an infraction.
(Ord. No. 3498, 11-7-23)
9.06.003 Commercial animal operation permit—Inspection required. (a) The division shall conduct an inspection of the associated animal facility upon receipt of an application for a new commercial animal operation permit and from time to time as may be deemed necessary by the chief animal control officer to ensure appropriate animal care and management. (b) Routine commercial animal operation permit inspections may be conducted without prior notification during the normal business hours of the permitted animal facility. (c) Inspections conducted in conjunction with an investigation of alleged or suspected animal welfare concerns or permit violations may be conducted as necessary for that purpose. (d) Refusal of an applicant or permit holder to allow an inspection may be grounds for denial or revocation of the permit.
(Ord. No. 3498, 11-7-23)
9.06.004 Business license required.
(a) Unless exempted by county or municipal code, no person, firm, corporation, or association may erect, establish, or maintain any commercial animal operation without first obtaining a business license from the jurisdiction wherein the operation is located.
(b) Such business license shall be issued in a form and for a duration prescribed by the issuing authority. (Ord. No. 3498, 11-7-23)
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(Supp. No. 16, Update 2)
9.06.005 Emergency notification.
The owner or operator of a commercial animal operation shall post in a conspicuous location, where it may be seen outside the locked premises, a notice listing the names and telephone numbers of persons who may be contacted in the case of any emergency.
(Ord. No. 3498, 11-7-23)
9.06.006 Commercial animal operation permit—Issuance, suspension and revocation. (a) An applicant shall be granted a commercial animal operation permit by the chief animal control officer upon submittal of a complete application, successful completion of an inspection of the associated animal facility and payment of any associated fees as may be established by resolution or ordinance by the board of supervisors.
(b) Any permit issued under this title may be suspended or revoked by the chief animal control officer upon the determination that:
(1) The permitted operation creates, is likely to create, or promotes a public nuisance; or (2) The permittee, their agents or employees have failed to maintain the premises in a clean, sanitary condition; or
(3) The permittee, their agents or employees have failed to provide appropriate care or housing for the animals in their keeping; or
(4) The permittee, their agent, or employee has been convicted of any offense involving a violation of Section 597 of the California State Penal Code; or
(5) The division determines that the application included any materially false information; or (6) The permittee, their agents or employees have failed to meet the operational standards established by the division for a commercial animal operation or have otherwise violated any other rule or regulation related to the operation of a commercial animal operation. (c) Prior to the suspension or revocation of any permit issued under this title, the division shall conduct a hearing into the basis for such suspension or revocation. (1) Notice of the hearing shall be mailed to the permittee or posted at the location of the permitted operation at least five days prior to the date of the hearing. (2) Written notice of the hearing findings shall be mailed to the permittee or posted at the location of the permitted operation.
(3) Any order to suspend or terminate a permitted operation shall become effective no sooner than seven, nor more than thirty, calendar days from the date of issuance. (Ord. No. 3498, 11-7-23)
9.06.007 Commercial animal operation permit—Appeal of denial, suspension, or revocation. (a) The applicant or holder of a commercial animal operation permit which has been denied, suspended, or revoked may appeal the decision to the board of supervisors by submitting a written request to the clerk of the board within seven days of the issuance of such decision. The clerk shall set the matter for hearing at the
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(Supp. No. 16, Update 2)
earliest possible date and shall give reasonable notice of the time and place thereof to the applicant or permitee and to the division.
(b) The board of supervisors, or their designee, shall hear the evidence offered by the division and by the applicant or permitee and shall forthwith decide the issue. (c) The decision of the board of supervisors, or their designee, shall be final. (Ord. No. 3498, 11-7-23)
9.06.008 Commercial animal operation permit—Term, fee, delinquency, fee exemption. (a) Commercial animal operation permits shall be issued for the calendar year, or any part thereof during which the operation is maintained. Each permit shall expire on December 31 of the current year, provided that such permit may be renewed without penalty on or before January 1 of the next year. (b) The division may assess a fee for the issuance or the annual renewal of a permit which shall be established by resolution or ordinance by the board of supervisors. No proration of the fee shall be made for new permit or renewal applications submitted after January 1, provided that permits issued for new applications submitted after October 1 shall be valid until December 31 of the following year. (c) A penalty fee may be assessed for permit renewal applications submitted after January 31. The penalty fee shall be established by resolution or ordinance by the board of supervisors. (d) Non-profit humane organization conducting a commercial animal operation are exempt from the assessment of permit fees provided that they submit documentation of their Internal Revenue Service designation as a 501(c)3 organization at the time of application and that they submit their renewal application prior to January 31.
(Ord. No. 3498, 11-7-23)
Chapter 9.07 LICENSING
9.07.001 Dog license—Required.
(a) All dogs, including dog hybrids, over the age of four months and being kept or maintained in the county of San Luis Obispo for more than thirty days in any one year period shall be licensed through the division. (b) The owner, or the owner's agent, of any properties upon which a tenant keeps, harbors, or maintains a dog subject to the licensing requirements established by this section may, along with the animal owner, be jointly and severally liable for penalties related to violations of subsection (a). (c) It shall be the responsibility of the division to administer those processes related to the issuance of such license, including, but not limited to, the:
(1) Receipt and processing of applications for licensure; (2) Distribution of license tags; and
(3) Maintenance of all records related thereto.
(Ord. No. 3498, 11-7-23)
Created: 2024-06-24 08:11:35 [EST]
(Supp. No. 16, Update 2)
9.07.002 Dog license—Exemptions.
The provisions of this title requiring the licensing of dogs shall not apply to:
(a) Dogs on sale in a duly licensed and permitted pet shop or commercial animal operation. (b) Dogs owned by a duly licensed and permitted commercial animal operation, provided that the animal is housed or maintained at the permitted facility.
(c) Every dog that is exempt from licensing requirements shall still be vaccinated against rabies infection with a vaccine approved by the California Department of Public Health for use in dogs, unless such animal would otherwise be exempt from the vaccination requirement as provided in Section 9.08.003. (Ord. No. 3498, 11-7-23)
9.07.003 Dog license—Vaccination required.
The division shall not license any dog which has not been vaccinated against rabies infection with a vaccine approved by the California Department of Public Health for use in dogs or which has not been issued an exemption to the requirement for rabies vaccination as provided for in Section 9.08.003. (Ord. No. 3498, 11-7-23)
9.07.004 Dog license term.
Each dog license shall be valid for a period of up to three years from the date of issuance, provided that the term of validity may not extend beyond the expiration date of the animal's rabies vaccination. In the event that a dog has been exempted from rabies vaccination as provided for in Section 9.08.003, the term of the license shall be for one year.
(Ord. No. 3498, 11-7-23)
9.07.005 Rabies deposit fee required.
Any person procuring a dog license without a valid rabies vaccination for reason of redeeming an impounded animal or clearing a citation will pay a rabies deposit fee which shall be established by resolution or ordinance by the board of supervisors. This deposit is refundable upon proof of current vaccination through normal county refund procedures. Proof of rabies vaccination shall be made to the division within thirty days or the license will be void and the deposit forfeit.
(Ord. No. 3498, 11-7-23)
9.07.006 Dog license tags.
Upon exhibition of the proper evidence of vaccination and payment of the license fee, the division shall deliver to the person making such payment a metal tag with a unique identification number and the words "San Luis Obispo County, CA" stamped thereon. This tag shall be worn at all times by the dog for which it was issued. If the dog is exempted from vaccination as established by Section 9.08.003, the dog tag shall have a distinguishing mark as evidence of such fact.
(Ord. No. 3498, 11-7-23)
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(Supp. No. 16, Update 2)
9.07.007 Assistance animal tags.
Any assistance animal identification tag issued by the division in compliance with California Food and Agriculture Code Section 30850 shall also serve as the license tag for the dog to which it was issued. (Ord. No. 3498, 11-7-23)
9.07.008 License fees.
(a) The division shall assess a fee for each license issued. Such fee shall be established by resolution or ordinance by the board of supervisors.
(b) A late penalty may be assessed in addition to the standard licensing fee for any license renewal which is more than thirty days delinquent or for any new license application which is submitted more than thirty days after the requirements established in Section 9.07.001(a). Such fee shall be established by resolution or ordinance by the board of supervisors.
(c) A reduced fee shall be assessed to senior citizens providing proof of age, provided that the licensed animal has been altered. For the purposes of this section, "senior citizen" shall be interpreted to mean any person over the age of sixty-five.
(Ord. No. 3498, 11-7-23)
9.07.009 License fee—Waived.
The licensing fee shall be waived for:
(a) Dogs which have been issued an assistance animal identification tag as established by California Food and Agriculture Code Section 30850; and
(b) Dogs owned, appropriately trained and utilized by a public agency for the purpose of assisting in law enforcement, search and rescue, or military activities; dogs being trained for such purpose; dogs kept as breeding stock for such purpose; or dogs previously utilized and retired from such purpose. (Ord. No. 3498, 11-7-23)
9.07.010 Counterfeiting prohibited.
It is a misdemeanor for any person to counterfeit a license tag, to remove a valid tag from a dog with the intent of affixing that tag to another dog or transferring that tag to another person, or to knowingly possess or place on a dog any such tag.
(Ord. No. 3498, 11-7-23)
Chapter 9.08 RABIES CONTROL
9.08.001 Rabies vaccination required—Dogs.
(a) The owner or custodian of any dog or dog hybrid over the age of four months shall procure its vaccination against rabies virus infection.
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(Supp. No. 16, Update 2)
(b) Every dog so vaccinated shall be revaccinated at an interval consistent with the labeling directions for the specific vaccine and as approved by the California Department of Public Health. (Ord. No. 3498, 11-7-23)
9.08.002 Rabies vaccination required—Cats.
(a) The owner or custodian of any cat or cat hybrid over the age of four months which is allowed to roam at large shall procure its vaccination against rabies virus. (b) Every cat so vaccinated shall be revaccinated at an interval consistent with the labeling directions for the specific vaccine and as approved by the California Department of Public Health for so long as it is allowed to roam at large.
(Ord. No. 3498, 11-7-23)
9.08.003 Exemptions from rabies vaccination requirements. (a) The requirement for rabies vaccination for any dog or cat may, upon the approval of the chief animal control officer, be waived for a period of up to one year following the submission of a certification by a veterinarian listing a specific medical diagnosis or condition affecting the animal and stating that due to such condition the administration of a rabies vaccination poses a grave or life-threatening risk to the animal. The form of such certification is to be specified by the chief animal control officer. (b) Advanced age alone does not constitute a basis for the waiver of rabies vaccination requirements. (c) Any animal so exempted from rabies vaccination shall be restricted to the enclosed yard or premises of the owner or keeper unless it is securely constrained by a leash no more than six feet in length. (Ord. No. 3498, 11-7-23)
9.08.004 Rabies vaccination—Administration, certificates, and reporting. (a) Vaccination against rabies infections shall be performed by a duly qualified and licensed veterinarian using a vaccine of a type approved for use in that species of animal by the California Department of Public Health. (b) The veterinarian performing the vaccination shall issue to the owner or custodian of the animal a certificate of vaccination which shall include:
(1) The manufacturer and type of vaccine used;
(2) The date of the vaccination;
(3) The duration of vaccination;
(4) A true description of the animal to which the vaccination was administered, including species, age, breed, sex and color; and
(5) The name and address of the owner or custodian of the animal. (c) A copy of the vaccination certificate shall be sent by the veterinarian to the division within thirty days of said vaccination.
(Ord. No. 3498, 11-7-23)
Created: 2024-06-24 08:11:35 [EST]
(Supp. No. 16, Update 2)
9.08.005 Reporting of bites.
Any person bitten by a dog, cat, raccoon, skunk, bat, fox, coyote, bobcat, or other animal of a species subject to rabies infection, any parent or guardian of a minor child so bitten, any physician or healthcare provider treating a person so bitten, and any other person having knowledge of a person so bitten shall, within twenty-four hours, notify the division and report, if known:
(a) The name, address, and phone number of the person bitten; (b) The type of animal inflicting the bite;
(c) The name, address, and phone number of the owner of the animal; and (d) The time, date, and circumstances under which the bite occurred. (Ord. No. 3498, 11-7-23)
9.08.006 Biting animals—Penalty.
It is a misdemeanor for any person to permit any animal owned, harbored or controlled by him or her, to inflict upon any human being a bite that penetrates the skin while the person bitten is on any public place, or lawfully upon any private property.
(Ord. No. 3498, 11-7-23)
9.08.007 Isolation of biting and rabies exposed animals. (a) Any domestic animal of a species subject to infection by the rabies virus and which has bitten a person shall be quarantined for a period of time as established by Title 17 of the California Code of Regulations Section 2606. The location and manner of the quarantine shall be at the discretion of the chief animal control officer.
In the event that no time period for the quarantine is established by the California Code of Regulations, the duration of quarantine shall be set by the chief animal control officer in his or her reasonable discretion. (b) Any domestic animal of a species subject to infection by the rabies virus and which has been exposed to a known or suspected rabid animal shall be quarantined for a period of time as established by Title 17 of the California Code of Regulations Section 2606. The location and manner of quarantine shall be at the discretion of the chief animal control officer. In the event that no time period for the quarantine is established by the California Code of Regulations, the duration of quarantine shall be set by the chief animal control officer in his or her reasonable discretion.
(c) Any hybrid animal which has been vaccinated against rabies infection shall, for the purposes of administration of this section, be considered unvaccinated unless such vaccine was specifically labeled and approved by the California Department of Public Health for administration to hybrid animals. (d) Upon the request and consent of the owner or custodian, an animal subject to quarantine under the provisions of this section may be euthanized prior to the conclusion of the quarantine period provided that the animal's remains are submitted for diagnostic testing in a manner consistent with established medical practice for the assessment of rabies infection.
(e) The chief animal control officer or his or her duly authorized agent is hereby empowered to enter upon any private property, including the home or residence where an animal is kept or has strayed, to inspect, and if necessary to seize and impound any animal for the purpose of enforcing this section.
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(Supp. No. 16, Update 2)
(f) Any person who fails to produce and relinquish upon demand of the division any animal subject to isolation under the terms of this section, disobeys any isolation order issued by the division, or removes from its place of confinement any animal under quarantine without the consent of the division is guilty of a misdemeanor. (Ord. No. 3498, 11-7-23)
9.08.008 Suspicion of rabies.
(a) Any person having ownership or custody of an animal demonstrating symptoms indicative and suggestive of rabies infection, or any veterinarian treating such an animal, shall immediately notify the division. (b) Upon certification by a veterinarian that an animal is demonstrating signs indicative and suggestive of rabies infection, the division may cause the animal to be humanely euthanized and the remains submitted for diagnostic testing in a manner consistent with established medical practice for the assessment of rabies infection.
(Ord. No. 3498, 11-7-23)
AGENDA NO: 9.b
MEETING DATE: February 11, 2024
Prepared By: __EC__ Department Review: ____EC_____
City Manager Review: _____ City Attorney Review: _RWS___ Staff Report
TO: Honorable Mayor and City Council DATE: February 11, 2024 FROM: Emily Conrad, Finance Director
Megan Schotborgh, Accounting Manager
SUBJECT: Presentation and Discussion of the Fiscal Year (FY) 2023-24 Annual Comprehensive Financial Report
RECOMMENDED ACTION
1. Receive the presentation and provide feedback on the FY 2023-24 Annual Comprehensive Financial Report (ACFR) for the period of July 1, 2023 through June 30, 2024 (Attachment 1), and
2. Receive FY 2023-24 Annual Street Report (Attachment 2), FY 2023-24 Transit Operator Financial Transactions Report (Attachment 3), and FY 2024-25 Prop 172 Maintenance of Effort Certification (Attachment 4).
BACKGROUND
In the City’s ongoing commitment to transparency and fiscal accountability, the City completes an Annual Comprehensive Financial Report (ACFR). In 2021 the City issued a Request for Proposal (RFP) for auditing services and Brown Armstrong Accountancy Corporation (Brown Armstrong) was selected as the most responsive proposer. The City entered into agreement with Brown Armstrong to perform auditing services for the fiscal years ending June 30, 2021, 2022, 2023, 2024, and 2025, with the option to renew for two additional fiscal years (2026 through 2027). The auditors performed both in-person and remote review of expenditures, revenues, contracts, and general accounting processes for both accuracy and internal controls (fraud prevention).
DISCUSSION
Annual Comprehensive Financial Report
Lindsey Zimmerman, Certified Public Accountant (CPA) and Partner at Brown Armstrong, was the partner-in-charge of this year’s audit. Ms. Zimmerman has over 18 years of auditing experience including over 10 years of governmental auditing experience. She will present the FY 2023-24 auditor’s report to the City Council on February 11th, including highlights from the ACFR.
Highlights of the FY 2023-24 ACFR results include the following:
Independent Auditor’s Report (pages 1-3)
The auditors have given reasonable assurance that the City’s financial statements for the year ended June 30, 2024 “present fairly, in all material respects, the respective financial position of
the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information of the City as of June 30, 2024, and the respective changes in financial position, and, where applicable, cash flows thereof for the fiscal year then ended in accordance with accounting principles generally accepted in the United States of America.” Management’s Discussion and Analysis (MD&A) (pages 5-13) This section provides an explanation of what is included in the City’s basic financial statements and provides supplementary information in addition to the financial statements. It outlines financial highlights for the fiscal year and presents summary data for the City on an entity-wide basis.
Information is provided in this section with a year-to-year view, explaining how net position and fund balances have changed between fiscal years ending June 30, 2023 and June 30, 2024. This section outlines what is reported as part of the General Fund, Nonmajor Governmental Funds, and Proprietary Funds throughout the report. The section also breaks down the unassigned fund balance in the General Fund’s components, including the operating fund ($4.1 million), Unfunded Compensable Leave ($0.2 million), Emergency Reserve ($7.5 million), Capital Accumulation Fund ($0.6 million), and Vehicle Replacement Fund ($0.8 million). This total unassigned fund balance of $13.3 million is a $1.3 million improvement over the prior fiscal year when the total unassigned fund balance across all components of the General Fund was $11.9 million. The increase can be attributed to a combination of more revenue and less expenditure than anticipated. For example, interest revenues exceeded expectations in these funds. While that is a welcome source of revenue, it is essential to note that it is a volatile source largely out of City control and therefore not a source to depend upon. Another factor is increased revenue from services like permitting and design review, facility rentals, and recreation sports and childcare programs. On the expenditure side, there were savings in budgeted personnel costs (due to vacancies) and in consulting/contractual services due to limited staff and time to manage the projects. The MD&A also highlights the ending fund balances and unrestricted net position in the City’s other major funds, including Measure E at $0.45 million, the Water Fund at $16.4 million, the Sewer Fund at $31.5 million, the Harbor Fund at $1.3 million, and the Transit Fund at $0.27 million.
Statement of Net Position (pages 18-19)
The Statement of Net Position serves as a useful indicator of a government’s financial position.
On June 30, 2024, the City’s net position had increased by $15.0 million over June 30, 2023, primarily due to the Business-Type Activities which had an increased net position of $13.9 million while Governmental Activities net position increased by $1.1 million. The increase in BusinessType Activities is due to continued loan draws from the U.S. Environmental Protection Agency and State Water Resources Control Board loans secured to partially fund the planning and construction of the WRF. During FY 2023-24 the City received reimbursement of approximately $9 million for expenditures already paid from operating cash flow in both the current and prior fiscal years. The increase in Governmental Activities net position is due to increased revenues from investment returns, property taxes, franchise taxes, grant awards, rental income, and business license taxes.
Basic Financial Statements (pages 15-83)
This section contains basic financial statements, including the Government-wide statement of Net Position pages 18-19) and Statement of Activities (pages 20-21), financial statements Governmental Funds (pages 27-30), Proprietary Funds (pages 32-41), and Fiduciary Funds (pages 45-46). The Statement of Activities is where activity by department and revenue source is presented. The Fiduciary Funds statements now present the Pension Trust Fund and the Other Postemployment Benefit (OPEB) Trust Fund in addition to the Custodial Fund. The footnotes portion of this section provides details on significant items such as the City’s cash and
investments, its long-term obligations related to loan payables, pension related debt and compensated absences, the net pension liability for both the City’s miscellaneous and public safety pension plans, and a discussion of the City’s other post-employment benefit plans.
The Citywide total net pension liability was approximately $33.7 million as of the most recent measurement date of June 30, 2023, an increase of approximately $2.3 million since the prior measurement date of June 30, 2022. See pages 90-93 for more detail. The Citywide net Other Post-Employment Benefit (OPEB) liability was approximately $628,000 as of June 30, 2024, a decrease of approximately $1,000 since June 30, 2023. See page 94 for more detail. In FY 2022- 23, the City established a Section 115 Trust to build funds for future pension contribution increases, beginning with total contributions of $2.2 million as of the reporting date of June 30, 2024.
Required Supplementary Information (pages 85-95)
The Budgetary Comparison Schedule for the General Fund and Pension Plan Contributions are provided in this section.
Supplementary Information (pages 97-128)
This section lists the nonmajor governmental special revenue funds and provides balance sheets and budget-to-actual information and changes in fund balance for nonmajor governmental funds.
These funds each represent less than 10% of the City’s total governmental fund assets/liabilities/revenues/expenditures and approximately 5% of the City’s total assets/liabilities/revenues/expenditures across all funds.
Statistical Section (pages 131-181)
This section presents ten-year historical financial data for the City to help the reader understand how the City’s financial well-being has changed over time, the City’s revenue and debt capacity, demographic and economic information to provide context for the City’s financial activities.
State Mandated Reports (Attachments 2, 3, and 4)
The following annual reports have been completed and attached for your review:
FY 2023-24 Annual Street Report
FY 2023-24 Transit Operator Financial Transactions Report FY 2024-25 Prop 172 Maintenance of Effort Report
The Annual Street Report and Transit Operator Financial Transactions Report are required to be filed annually with the State of California State Controller’s Office and summarizes street-related and transit-related fiscal year revenues and expenditures. The FY 2024-25 Prop 172 MOE Report is also required to be filed annually with the county and state regarding the reporting of City Prop 172 sales tax revenues received and the City’s budgeted allocation of funding to Public Safety from other City revenue sources not including Prop 172 revenues.
CONCLUSION
Lindsey Zimmerman from Brown Armstrong will present the FY 2023-24 audit report to the City Council.
The FY 2022-23 ACFR was awarded a Certificate of Achievement for Excellence in Financial Reporting. The FY 2023-24 ACFR will also be submitted to the Government Finance Officers Association (GFOA) for consideration for excellence in financial reporting.
Weblinks and Attachments
1. FY 2023-24 Annual Comprehensive Financial Report
2. FY 2023-24 Annual Street Report
3. FY 2023-24 Transit Operator Financial Transactions Report
4. FY 2024-25 Proposition 172 Maintenance of Effort Certification