Title 6 Animals | San Luis Obispo Municipal Code Page 12 of 20 chapter, but their owners shall be exempt from the license fee imposed by this chapter providing adequate evidence can be furnished at such time the license is issued.
B. Dogs used by any governmental agency for the purpose of law enforcement must be licensed and vaccinated under the provisions of this chapter, but their owners shall be exempt from the license fee imposed by this chapter providing adequate evidence can be furnished at such time the license is issued.
C. All dogs being raised and trained specifically for the purpose to perform as a seeing-eye dog must be licensed and vaccinated under the provisions of this chapter, but their owners shall be exempt from the license fee imposed by this chapter providing adequate evidence can be furnished at such time the license is issued. (Prior code § 4116.1)
6.16.120 Violations deemed misdemeanor.
Any person owning or having the care, custody or control of any dog in the city, who wilfully refuses, fails or neglects to furnish to the county department of animal regulation, the health officer, or any of their duly qualified and authorized deputies or employees, the information necessary to properly license the dog; or who shall resist, hinder or prevent the county department of animal regulation, health officer, or any of their duly authorized deputies or employees in the exercise of their duties or who fails, neglects or refuses to pay the license fee at the time and in the manner herein provided, or who violates any of the provisions of this chapter declared to be unlawful, shall be guilty of a misdemeanor. (Prior code § 4117.0)
6.16.130 Tags—Counterfeiting unlawful.
No person shall imitate or counterfeit such registration tags or rabies vaccination tags. It is unlawful for any person to remove any tag from any dog not owned by him or her or not lawfully in his or her possession or under his or her control or to place on any dog any such license tag not issued as provided for in this chapter for that particular dog for the then current year or to make or to have in his or her possession or to place on a dog any counterfeit or imitation of any license tag or vaccination tag provided for. (Prior code § 4118.0)
6.20.010 Keeping noisy animals—Prohibited.
No person shall keep, maintain or permit on any lot or parcel of land any dogs, animals, poultry or household pets, which by any sound or cry shall disturb the peace and comfort of any neighborhood, or interfere with any person in the reasonable and comfortable enjoyment of life or property. (Prior code § 4001)
Title 6 Animals | San Luis Obispo Municipal Code Page 13 of 20
6.20.020 Keeping of noisy animals—Complaints—Abatement.
Whenever it shall be affirmed in writing by three or more persons having separate residences or regularly employed in the neighborhood that any dog, animal, poultry or household pet is a habitual nuisance by reason of howling, barking or other noise, or is in any other manner causing undue annoyance, the poundmaster, if he or she finds such nuisance to exist, shall serve notice upon the owner or custodian that such nuisance shall be abated or the animal shall be impounded. If such nuisance and annoyance cannot be successfully abated and the poundmaster determines it necessary to impound such dog, animal, poultry or household pet, he or she shall not permit the reclaiming or redemption of such to the owner or custodian unless adequate arrangements have been made by the owner or custodian to ensure abatement of the annoyance or nuisance. (Prior code § 4001.1)
6.20.030 Disposition of dead animals—Owner’s responsibility.
It is unlawful for any owner or person who, having had the possession or control of any animal, dog, poultry and household pet while alive to place the body of such animal, dog, poultry and household pet, after its death, or cause to permit it to be placed or to knowingly allow or permit the same 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. (Prior code § 4002.2)
6.20.040 Disposition of dead animals—By poundmaster upon request.
It shall be the duty of the poundmaster upon the request of any owner of any dead animal, dog, poultry 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 animal, dog, poultry or household pet upon his or her premises or upon any public road, highway, street, alley, square, park, school ground or other public place, or in or upon any lot or premises, to bury or dispose of the same in such manner as maybe prescribed by the health officer.
The poundmaster may charge and collect such fees as have been approved by the city council for the transportation and disposal of such animal, dog, poultry or household pet from the owner or person having had the possession or control of such if same can be ascertained. (Prior code § 4002.1)
6.20.050 Leash law.
A. It is unlawful for any person to suffer or permit any dog owned, harbored or controlled by him or her to be on any public street, alley, lane, park or place of whatever nature open to and used by the public in the incorporated area of the city unless such dog is securely leashed and the leash is held continuously in the hand
Title 6 Animals | San Luis Obispo Municipal Code Page 14 of 20 of a responsible person capable of controlling such dog, or unless the dog is securely confined in a vehicle, or unless the dog is at “heel” beside a competent person and obedient to that person’s command.
B. Dogs used on farms and ranches for the primary purpose of herding livestock are not required to be leashed or at “heel” beside their owner or person controlling the use of the dogs while on a public street, alley, lane or place of whatever nature open to and used by the public in the incorporated area of the city while herding such livestock and as long as the dogs are obedient to the commands of the person controlling their use for this purpose.
C. Notwithstanding any other provision of this code, no person shall allow any dog, whether on a leash or not, to be on any public street, alley, lane, sidewalk or other place open to and used by the public and for which an encroachment, sidewalk or street closure, or similar permit has been issued and the person(s) holding said permit have given reasonable notice that the presence of any dogs would interfere with the purposes for which the permit was issued. This prohibition shall not apply to guide or seeing-eye dogs. (Ord. 1121 § 1, 1988; prior code § 4111.0)
6.20.060 Animals showing rabies symptoms—Responsibility of person having custody.
A. Whenever the owner or person having the custody or possession of an 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, such owner or person having the custody or possession of such animal shall immediately notify the county health officer. The county health officer shall make or cause an inspection or examination of such animal to be made by a licensed veterinarian until the existence of or nonexistence of rabies in such animal is established by such veterinarian. Such animal shall be kept isolated in a pound, veterinary hospital, or other adequate facility in a manner approved by the county health officer and shall not be killed or released for at least ten days after the onset of symptoms suggestive of rabies, after which time such animal may be released by the county health officer.
B. The county health officer or his or her duly authorized representative is authorized and empowered to enter upon private property where any dog or other animal is kept, or believed by him or her to be kept, for the purpose of ascertaining whether such dog or other animal is afflicted or infected with rabies or other contagious disease. (Prior code § 4114.0)
Title 6 Animals | San Luis Obispo Municipal Code Page 15 of 20
6.20.070 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.
C. Upon notification of a violation of subsection A of this section, 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” means any animal whose observable behavior causes a person observing that behavior reasonably to 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 of this section within one year.
3. One thousand dollars for each additional violation of subsection A or B of this section within one year.
4. For the purposes of this section, a first violation of subsection A of this section will be deemed to have occurred if the menacing or aggressive animal is not confined as required by subsection C of this section within twenty-four hours of notification; a separate violation of subsection A of this section shall be deemed to exist for each twenty-four-hour period following notification in which an animal’s menacing or aggressive behavior continues unmitigated.
Title 6 Animals | San Luis Obispo Municipal Code Page 16 of 20
5. Where criminal enforcement of this section is pursued, any violation of this section shall be deemed a misdemeanor, notwithstanding Section 1.12.060.
F. Liability of Property Owners. 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 of this section, 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. 1581 § 1, 2012)
6.24.010 Permit—Required.
A. It is unlawful for any person, firm, corporation or association to erect, establish or maintain any dog kennel, pet shop, cattery or aviary as defined in Chapter 6.04 without first obtaining a permit from the license collector.
B. The granting of such permit shall be in the discretion of the hearth officer who shell take into consideration the type of construction to be employed as it relates to sanitation and manner in which the animals, birds, or fowl are to be housed, as well as the character of the person, firm, corporation or association making application and such zoning regulations as may now be in effect or adopted from time to time. Upon approval of the health officer, the license collector, upon the payment of the annual established license fee for the privilege of maintaining such dog kennels, pet shops, catteries or aviaries shall issue to the applicant a license in such form as he or she may prescribe. Such annual license shall be for the calendar year or any part thereof during which the dog kennel, pet shop, cattery or aviary shall be maintained, and shall be due and payable in advance on the first day of July of each year, and shall expire on the thirtieth day of June of such year, provided the above mentioned permit has not been revoked. Every person, firm or corporation maintaining a dog kennel, pet shop, cattery or aviary shall post a notice in a conspicuous place where it may be seen outside the locked premises, a notice listing names, addresses and telephone numbers of persons who may be contacted in the event of an emergency. (Prior code § 4004.0)
6.24.020 Permit—Revocation.
The permit for the maintenance and operation of a dog kennel, pet shop, cattery or aviary may be revoked at any time for cause when, in the opinion of the health officer, such dog kennel, pet shop, cattery or aviary is not being properly maintained or operated. (Prior code § 4004.1)
Title 6 Animals | San Luis Obispo Municipal Code Page 17 of 20
6.28.010 Definitions.
For the purpose of this chapter, the following words shall have the following meanings:
A. “Domestic or domesticated aAnimals” means and includes horses, ponies, mules, jacks, jennies, cows, bulls, calves, heifers, sheep, goats, swine, rabbits and all other domestic orany animal domesticated to live in close association with or for the benefit of humans in a tame conditionanimals other than household pets.
B. “Household pets” means and includes any animal normally kept for purposes of companionship or amusement, including, but not limited to, cats, dogs, canaries, parrots, fish, rodents, rabbits, turtles, lizards and snakes. and other kindred animals and birds usually and ordinarily kept as household pets.
C. “Livestock” means and includes horses, ponies, mules, jacks, jennies, cows, bulls, calves, heifers, sheep, goats, swine, and rabbits.
DC. “Poultry” means and includes pigeons, ducks, geese, turkeys, chickens and all other domestic or domesticated fowl other than household pets. (Prior code § 4120)
6.28.020 Animals and poultry running at large—Prohibited—Exceptions.
No person shall allow or permit animals or poultry, other then household pets, to run at large upon any public street or place, or to trespass upon the property of another. This provision shall not be construed as permitting the running at large of any household pets who are restricted by the provisions of any other ordinances of this city or by any law applicable thereto. (Prior code § 4120.1)
6.28.030 Animals and poultry running at large—Impoundment—Redemption.
All animals and poultry if found running at large 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 shall be impounded by the poundmaster and provided with proper care and attention, food and water. The poundmaster shall keep all animals and poultry for a period of three days unless the same is sooner reclaimed or redeemed by the owner or person having control thereof. Such redemption by the owner or person having control thereof, shall be made by signing an affidavit, under penalty of perjury, declaring ownership or by exhibiting proof of ownership to the satisfaction of the poundmaster and by paying to the poundmaster any charges imposed thereon in accordance with a schedule to be approved by the council. Upon such redemption being made, the poundmaster shall release such animals and poultry; provided, however, that in all cases any charges provided for keeping such animals and poultry must be paid. (Prior code § 4120.3)
Title 6 Animals | San Luis Obispo Municipal Code Page 18 of 20
6.28.040 Disposition of impounded animals and poultry.
At any time after the expiration of the period of three days, the poundmaster may, without further notice, and without advertising in any manner, sell, give away, or dispose of in a humane manner, any animals or poultry not reclaimed or redeemed as set out in Section 6.28.030. Provided, however, the poundmaster may not sell, give away, or transfer title to any animals or poultry for any of the purposes as set forth in Section 6.12.080. (Prior code § 4120.4)
6.28.050 Unsanitary conditions prohibited.
No person shall keep upon any premises, any animals, poultry or household pets in a foul, offensive, obnoxious, filthy or unsanitary condition. (Prior code § 4120.2)
6.28.060 Keeping of animals—Limitations and regulations.
A. Poultry and Rabbits.
1. No person shall keep upon any premises in the city any poultry or rabbits:
a. Within fifty feet of any dwelling; or
b. If more than five in all of any such rabbits or poultry are kept, within seventy-five feet of any dwelling.
2. No person shall keep upon any premises in the city more than twenty-five such rabbits or poultry, except by special permit of the council first had and obtained, or keep any rooster of crowing age within one hundred feet of any dwelling. This provision limiting the maximum number of rabbits or poultry shall not be retroactive or effective as to rabbit or poultry ranches or processing plants actually in operation on the effective date of the ordinance codified herein.
3. The owners or persons in charge of such rabbits or poultry kept in the city shall provide suitable houses or cotes with board or cement floors in each and every house and cote, and the houses, cotes or pens shall at all times be kept clean.
B. Swine, Hogs and Pigs. No person shall keep upon any premises in the city any swine, hog or pig, whatsoever.
C. Cats. No person shall keep upon any premises in the city more than five (5) cats.
CD. Other Animals.
Title 6 Animals | San Luis Obispo Municipal Code Page 19 of 20
1. No person shall keep upon any premises in the city any other animals as defined in Section 6.28.010:
a. On any lot containing less than twenty thousand square feet; or b. In any corral, barn or other enclosure which would permit the animals within seventy-five feet of any dwelling;
c. If staked within one hundred feet of any dwelling.
2. No person shall tie, stake or pasture, or permit the tying, staking or pasturing, of any animal upon any private property in the city without consent of the owner or occupant of such property in such a way as to permit any such animal to trespass upon any street or public place or upon any such private property. No person shall permit any such animal to be or remain during the nighttime secured by a stake or secured in any manner other than by enclosing such animal in a pen, corral or barn sufficient and adequate to restrain such animal. All such animals shall be provided with adequate food, water and shelter or protection from the weather.
3. All fences or enclosures used for the purposes set forth in this subsection must be of such material and maintained in such manner as humane for the safety and protection of such animals.
The provisions of this section shall not be deemed to apply to any public educational institution. (Prior code § 4120.5)
6.28.070 Bees prohibited—Exception.
No person, firm or corporation shall keep bees within the corporate limits; provided, that nothing herein contained shall be deemed to apply to keeping of bees for the purpose of study and observation in a hive or box, which is situated and kept within a school building, or for agricultural purposes located within a Conservation/Open Space or Agriculture zoning district. (Ord. 1705 § 4, 2021; prior code § 4120.6)
6.28.080 Breeding prohibited in city.
No owner of, and no every person in possession or in charge of, any livestock, poultry, or any domestic or domesticated animals other than household pets, shall breed or permit the breeding of such livestock, poultry, or domestic or domesticated animal within the city. (Prior code § 4120.7).)
Title 6 Animals | San Luis Obispo Municipal Code Page 20 of 20
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.
Created: 2024-06-24 08:11:34 [EST]
(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.
Created: 2024-06-24 08:11:34 [EST]
(Supp. No. 16, Update 2)
(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);
Created: 2024-06-24 08:11:35 [EST]
(Supp. No. 16, Update 2)
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,
Created: 2024-06-24 08:11:35 [EST]
(Supp. No. 16, Update 2)
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
Created: 2024-06-24 08:11:35 [EST]
(Supp. No. 16, Update 2)
(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)
Created: 2024-06-24 08:11:35 [EST]
(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.
Created: 2024-06-24 08:11:35 [EST]
(Supp. No. 16, Update 2)
(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)
Created: 2024-06-24 08:11:35 [EST]
(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.
Created: 2024-06-24 08:11:35 [EST]
(Supp. No. 16, Update 2)
(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
Created: 2024-06-24 08:11:35 [EST]
(Supp. No. 16, Update 2)
(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)
Created: 2024-06-24 08:11:35 [EST]
(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
Created: 2024-06-24 08:11:35 [EST]
(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)
Created: 2024-06-24 08:11:35 [EST]
(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.
Created: 2024-06-24 08:11:35 [EST]
(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.
Created: 2024-06-24 08:11:35 [EST]
(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)
Item 6c
Department: Community Development
Cost Center: 4008
For Agenda of: 8/20/2024
Placement: Public Hearing
Estimated Time: 30 minutes
FROM: Timmi Tway, Community Development Director
Prepared By: Hannah Hanh, Associate Planner
SUBJECT: INTRODUCE AN ORDINANCE TO AMEND TITLE 17 (ZONING
REGULATIONS) OF THE MUNICIPAL CODE TO ADD RESIDENTIAL
USES AS CONDITIONALLY ALLOWED WITH APPROVAL OF A MINOR
USE PERMIT IN THE NEIGHBORHOOD COMMERCIAL (C-N) ZONE
(CODE-0224-2024)
RECOMMENDATION
Introduce a Draft Ordinance entitled, “An Ordinance of the City Council of the City of San Luis Obispo, California, approving an amendment to Table 2-1 (Uses Allowed by Zone) in Title 17 (Zoning Regulations) of the Municipal Code with an exemption from environmental review (CEQA) (CODE-0224-2024).”
REPORT-IN-BRIEF
On behalf of the City of San Luis Obispo (City), the Community Development Director (Director) has initiated a text amendment to Title 17 (Zoning Regulations) of the Municipal Code. To provide additional flexibility in the development potential and use of parcels in the Neighborhood Commercial (C-N) Zone, the proposed text amendment includes a minor revision to Table 2-1 (Uses Allowed by Zone) to add “single-unit dwellings, detached” and “multi-unit residential” as conditionally allowed uses with approval of a Minor Use Permit in the C-N Zone (Attachment A – Draft Ordinance). There are no other revisions proposed as part of this application.
POLICY CONTEXT
Per Chapter 17.124 (Amendments – Zoning Regulations and Zoning Map), the City Council may review the proposed text amendment, including the Planning Commission’s recommendation, and take action based on consistency with the General Plan and State Law.
Background
Per Chapter 17.26 (Neighborhood Commercial [C-N] Zone) of the Zoning Regulations, the C-N Zone is intended to accommodate the establishment and operation of smallscale, pedestrian-oriented, and low-impact retail sales and personal services for the
Item 6c
convenience and frequent needs of people living in the surrounding residential areas.
Since at least 1981, single-family and multi-family uses were conditionally allowed uses with approval of a Minor Use Permit (i.e., Administrative Use Permit) in the C-N Zone (Ordinance No. 887 [1981 Series]). These uses were removed from the list of allowable uses for the C-N Zone as part of the comprehensive update to Title 17 (Zoning Regulations) in 2018 (Ordinance No. 1650 [2018 Series]). It is not clear to staff if this change was intentional or an oversight as there was no specific discussion in the staff reports, presentations, or minutes from the public hearings regarding this amendment. As such, the current Zoning Regulations do not include “single-unit dwellings, detached” and “multi-unit residential” uses as allowable uses in the C-N Zone (Figure 1 – Current Zoning Regulations).
Figure 1 – Table 2-1 (Uses Allowed by Zone) of the current Zoning Regulations Public Interest / Proposed Text Amendment
In response to public interest received to allow single-family and multi-family uses in the C-N Zone, the Director has initiated a text amendment in accordance with Section
17.124.020(B) (Authority to Initiate an Amendment to the Zoning Regulations). The proposed amendment includes a minor revision to Table 2-1 (Uses Allowed by Zone) to add “single-unit dwellings, detached” and “multi-unit residential” uses as conditionally allowed uses with approval of a Minor Use Permit (Figure 2 – Proposed Text Amendment). This amendment would be consistent with use regulations for the C-N Zone prior to the comprehensive update in 2018. There are no other revisions proposed as part of this application.
Figure 2 – Proposed Text Amendment to Table 2-1 (Uses Allowed by Zone)
Item 6c
PROJECT ANALYSIS
Previous Review
On June 12, 2024, the Planning Commission reviewed the proposed text amendment and recommended the City Council introduce and adopt the Ordinance approving the amendment to Table 2-1 (Uses Allowed by Zone) in Title 17 (Zoning Regulations) of the Municipal Code (Resolution, Minutes).
Consistency with the General Plan
The Neighborhood Commercial (NC) land use designation is the corresponding land use designation in the Land Use Element (LUE) that informs the purpose of, and allowable uses in, the C-N Zone. As described in Table 1 (General Plan Land Use Designations and Development Standards in the LUCE Planning Sub-area) of the LUE, the NC land use designation is intended for the provision of goods and services that meet the frequent shopping needs of people living nearby. Listed examples of intended uses include smallscale grocery stores, laundromats, drugstore, small-scale specialty stores, residential uses as part of mixed-use projects, and public and quasi-public uses. It is noted that the examples provided do not reflect an exhaustive list of allowable uses as the intents of land use designations inform allowable uses in corresponding zones of the Zoning Regulations.
Since the NC land use designation is intended for small-scale commercial uses that serve the daily needs of nearby residents, the proposed text amendment would not conflict with the intent of the land use designation and instead provide additional opportunities where residential uses can be allowed. To facilitate its intent, the NC land use designation is located in proximity or adjacent to residential land use designations (i.e., Low, Medium, Medium-High, and High Density Residential) as shown in the Land Use Map. As such, the amendment to add single- and multi-family uses to the list of allowable uses in the CN Zone would result in residential uses that are in proximity to other compatible residential and neighborhood serving commercial uses.
Consistency with the Zoning Regulations
Per Chapter 17.26 (Neighborhood Commercial [C-N] Zone), the C-N Zone is intended to accommodate the establishment and operation of small-scale, pedestrian-oriented, and low-impact retail sales and personal services for the convenience and frequent needs of people living in the surrounding residential areas. As shown in the Zoning Map, there is a limited number of parcels in the C-N Zone throughout the City. These properties are developed with existing residential, personal service, restaurant, general retail, commercial recreation, etc. uses. They are primarily concentrated near and along the Broad Street corridor between Church Street and Alphonso Street with few exceptions, or outliners, at the following locations:
Broad Street and Lincoln Avenue intersection
California Boulevard between Hathway Avenue and Highway 101 Laurel Lane between Augusta Street and Southwood Drive
Item 6c
There are also C-N zoned parcels located within the San Luis Ranch Specific Plan and Avila Ranch Development Plan areas. However, these properties are regulated differently by the applicable Specific Plan or Development Plan approval.
After the comprehensive update to the Zoning Regulations in 2018, existing residences that are not part of mixed-use developments in the C-N zone became nonconforming uses. These nonconforming residential uses are located primarily near and along Broad Street between Church Street and Alphonso Street, and have specific circumstances in which they may be continued, expanded, and lose their nonconforming status on the premises as detailed in Chapter 17.94 (Nonconforming Uses). For instance, if a nonconforming residential use is replaced with a conforming use, such as a personal service use, then the property can no longer be used for residential purposes because residential uses are no longer permitted in the C-N Zone.
Since the list of allowable uses in the C-N Zone includes a limited range of small-scale and low-impact commercial uses (e.g., food services, personal services, etc.) that are dependent on the surrounding residential areas, the amendment to add single-family and multi-family uses would provide additional flexibility in the development potential and use of these parcels. Since the procurement of daily goods and services have evolved with technology in recent decades to allow regular home deliveries, personal services that are mobile or tailored to the customer’s experience, etc., residents living in the vicinity may be less likely to rely on and utilize small-scale neighbor serving commercial uses.
Therefore, amendments that provide additional development and use potential of this zone would be important to consider.
While residential uses can be achieved as part of a mixed-use development (which is allowed use in the C-N Zone), most of the parcels in the C-N Zone are fairly small in size, which may make it more difficult to satisfy development standards for a feasible mixeduse development. In addition, the amendment would change the status of existing nonconforming residential uses back to conforming. To be consistent with how residential uses were permitted in the C-N Zone prior to the comprehensive Zoning Regulations update in 2018, staff is recommending that residential uses require approval of a Minor Use Permit, instead of being uses allowed by right. This amendment would conditionally allow residential uses to provide additional development and use options while still prioritizing the C-N Zone as a commercial zone. As proposed, the amendment would facilitate single-family and multi-family uses in proximity to other compatible residential and neighbor serving commercial uses.
If the proposed text amendment is adopted, future residential development in the C-N Zone would be subject to requirements detailed in Table 2-14 (C-N Zone Development Standards) and other standards related to site development, parking, etc., as applicable, in the Zoning Regulations.
Item 6c
Consistency with Major City Goals
Housing & Homelessness was prioritized as a Major City Goal in the 2023-2025 Financial Plan to support the expansion of housing options and facilitate housing production. As proposed, the text amendment would advance this Major City Goal by providing additional opportunities where housing may be located within the City.
Public Engagement
Each public hearing associated with this item has been noticed in compliance with the City’s notification requirements for a proposed text amendment. If the Ordinance for the proposed text amendment is adopted, future single-family and multi-family residential development in the C-N Zone would be subject to approval of a Minor Use Permit, which is discretionary review process that requires legal notices and a public hearing for each development project.
CONCURRENCE
The Council Agenda Report was reviewed by the Community Development Department, Finance Department, City Attorney, and City Administration for concurrence. If Council adopts the Ordinance, all relevant departments and divisions would have the opportunity to review any proposed single-family and multi-family residential development as part of the Minor Use Permit application process.
ENVIRONMENTAL REVIEW
The text amendment is exempt under Section 15061(b)(3) of the CEQA Guidelines. This “Common Sense” exemption states that CEQA only applies to projects that have the potential for causing significant effect on the environment. Since the text amendment is a minor revision to Table 2-1 (Uses Allowed by Zone) in Title 17 (Zoning Regulations) that would conditionally allow residential uses with approval of a Minor Use Permit in the C-N zone, the scope of this action is limited to a text amendment where subsequent singlefamily and multi-family residential development would be subject to discretionary review.
Since these uses are subject to discretionary review, environmental review would be evaluated on a project-specific basis. It is also noted that there are existing single-family residences in some of the C-N zoned parcels. Therefore, there would not be additional environmental impacts for those parcels.
FISCAL IMPACT
Budgeted: No Budget Year: 2023-25
Funding Identified: Yes
Item 6c
Fiscal Analysis:
Funding
Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
General Fund $0 $0 $0 $0
State
Federal
Fees
Other:
Total $0 $0 $0 $0
There is no upfront cost resulting from the proposed text amendment. If Council adopts the Ordinance, each subsequent residential development in the C-N Zone would require a Minor Use Permit application, which is an applicant-funded review process.
ALTERNATIVES
1. Modify and introduce the Ordinance for the proposed amendment to Table 2-1 in Title 17 of the Municipal Code. The amendment may require re-review by the Planning Commission if substantial modifications affecting different uses, aside from residential uses in the C-N Zone, are considered by the City Council.
2. Continue review of the proposed amendment to Table 2-1 in Title 17 of the Municipal Code with direction to staff on pertinent issues.
3. Do not introduce and adopt the Ordinance for the proposed amendment to Table 2-1 in Title 17 of the Municipal Code. This action is not recommended because it would not allow residential uses in the C-N Zone and facilitate additional housing opportunities throughout the City.
ATTACHMENTS
A - Draft Ordinance approving an amendment to Table 2-1 (Uses Allowed by Zone) in Title 17 (Zoning Regulations) of the Municipal Code
O _____
ORDINANCE NO. _____ (2024 SERIES)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, APPROVING AN AMENDMENT TO TABLE 2-1 (USES ALLOWED BY ZONE) IN TITLE 17 (ZONING REGULATIONS) OF
THE MUNICIPAL CODE WITH AN EXEMPTION FROM
ENVIRONMENTAL REVIEW (CEQA) (CODE-0224-2024)
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California on June 12, 2024, for the purpose of recommending an amendment to Table 2-1 (Uses Allowed by Zone) in Title 17 (Zoning Regulations) of the Municipal Code, pursuant to a proceeding under CODE-0224-2024; City of San Luis Obispo, applicant; and
WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California on August 20, 2024, for the purpose of introducing an ordinance to amend Table 2-1 (Uses Allowed by Zone) in Title 17 (Zoning Regulations) of the Municipal Code, pursuant to a proceeding under CODE-0224-2024; City of San Luis Obispo, applicant; and
WHEREAS, notices of said public hearing were made at the time and in the manner required by law; and
WHEREAS, the City Council has duly considered all evidence, including the testimony of interested parties and the evaluation and recommendation by staff, presented at said hearing.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis Obispo as follows:
SECTION 1. Findings. Based upon all the evidence, the City Council makes the following findings:
1. The proposed amendment to Table 2-1 (Uses Allowed by Zone) in Title 17 (Zoning Regulations) of the Municipal Code to add single-family and multi-family residential uses as conditionally allowed uses with approval of a Minor Use Permit is consistent with the intent of the Neighborhood Commercial (NC) land use designation and purpose of the Neighborhood Commercial (C-N) zone.
2. The proposed amendment to Table 2-1 (Uses Allowed by Zone) in Title 17 (Zoning Regulations) of the Municipal Code to add single-family and multi-family residential uses as conditionally allowed uses with approval of a Minor Use Permit would not alter the character of the City or cause health safety or welfare concerns because the amendment is consistent with the General Plan. In addition, the amendment would directly implement City goals and policies, particularly the Major City Goal for Housing & Homelessness, to support the expansion of housing options and facilitate housing production.
Ordinance No. ______ (2024 Series) Page 2
O ______
3. Parcels located in the C-N zone include historical residential uses that are currently nonconforming. The proposed amendment would allow these residential uses to become conforming and facilitate additional opportunities for these uses to continue and expand.
SECTION 2. Environmental Determination. The proposed amendment to Table 2-1 (Uses Allowed by Zone) of Title 17 (Zoning Regulations) has been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the CEQA Guidelines, and environmental regulations of the City. The amendment is exempt under Section 15061(b)(3) of the CEQA Guidelines. This “Common Sense” exemption states that CEQA only applies to projects that have the potential for causing significant effect on the environment. Since the text amendment is a minor revision that would conditionally allow residential uses with approval of a Minor Use Permit in the C-N zone, the scope of this action is limited to a text amendment where subsequent single-family and multi-family residential development would be subject to discretionary review. Since these uses are subject to discretionary review, environmental review would be evaluated on a project-specific basis. It is also noted that there are existing single-family residences in some of the C-N zoned parcels. Therefore, there would not be additional environmental impacts for those parcels.
SECTION 3. Action. The City Council hereby adopts an ordinance to amend Table 2-1 (Uses Allowed by Zone) in Title 17 (Zoning Regulations) of the San Luis Obispo Municipal Code and add single-family and multi-family uses as conditionally allowed uses in the C-N zone as set forth and incorporated herein.
Ordinance No. ______ (2024 Series) Page 3
O _____
Table 2-1: Uses Allowed By Zone
Key: A = Allowed; MUP = Minor Use Permit approval required; CUP = Conditional Use Permit approval required M/A = Minor Use Permit approval required on ground floor along street frontage, allowed on second floor or above Land Use
Permit Requirement by Zoning District Specific Use
AG C/OS R-1 R-2 R-3 R-4 PF O C-N C-C C-R C-D C-T C-S M BP Regulations
AGRICULTURE
Agricultural Accessory
Structure A A
Animal Husbandry and
Grazing A A
Community Garden A MUP A A A A A
Crop Production A A A MUP MUP
Greenhouse/Plant Nursery,
Commercial CUP CUP
INDUSTRY, MANUFACTURING & PROCESSING, WHOLESALING
Fuel Dealer (propane, etc) MUP A
See also Sec.
17.74.060
Laboratory - Medical,
Analytical, Research,
Testing
CUP A A A A
See also Sec.
17.74.060
Manufacturing - Heavy CUP CUP See also Sec.
17.74.060
Manufacturing - Light A A A
See also Sec.
17.74.060
Recycling
Recycling -
Collection Facility MUP MUP MUP A
Recycling -
Processing Facility MUP
Research and
Development A MUP A
See also Sec.
17.74.060
Salvage and Wrecking MUP
Warehousing, Storage, and Distribution
Outdoor Storage MUP MUP
Personal Storage A A
Warehousing and
Indoor Storage A A MUP
Ordinance No. ______ (2024 Series) Page 4
O ______
Table 2-1: Uses Allowed By Zone
Key: A = Allowed; MUP = Minor Use Permit approval required; CUP = Conditional Use Permit approval required M/A = Minor Use Permit approval required on ground floor along street frontage, allowed on second floor or above Land Use
Permit Requirement by Zoning District Specific Use
AG C/OS R-1 R-2 R-3 R-4 PF O C-N C-C C-R C-D C-T C-S M BP Regulations Wholesaling and
Distribution A A MUP
LODGING
Bed and Breakfast
Establishment MUP CUP CUP A A ASee Sec. 17.86.070
Homeless Shelter A A A A A A A A A A A A
See Sec. 17.86.150
and GC Sec.
65583(a)(4)
Hostel CUP CUP A A A
Hotels and Motels A A A CUP CUP
RV Parks CUP
PUBLIC AND QUASI-PUBLIC USES
Cultural Institutions CUP A A A CUP
Hospitals and Clinics
Clinic MUP MUP A MUP MUP MUP See Sec. 17.36.030.C
and Sec. 17.42.030.A
Hospital CUP CUP
Park and Recreation
Facilities A A A A A A A A A A A A A A
Parks and Recreation
Commission review
required.
Public Assembly Facilities CUP A MUP MUP M/A MUP CUP
Religious Assembly
Facilities CUP MUP MUP MUP MUP A MUP MUP A M/A MUP MUP MUP See 42 U.S.C. §§ 2000cc, et seq.
Schools - Colleges CUP
Schools - Primary and
Secondary CUP CUP MUP MUP CUP CUP CUP MUP CUP See Sec. 17.86.240 Schools - Trade Schools CUP MUP CUP MUP MUP
In the C-D zone, Trade
Schools are not
allowed on the ground
floor.
Sports and Entertainment
Assembly Facility CUP CUP
Ordinance No. ______ (2024 Series) Page 5
O ______
Table 2-1: Uses Allowed By Zone
Key: A = Allowed; MUP = Minor Use Permit approval required; CUP = Conditional Use Permit approval required M/A = Minor Use Permit approval required on ground floor along street frontage, allowed on second floor or above Land Use
Permit Requirement by Zoning District Specific Use
AG C/OS R-1 R-2 R-3 R-4 PF O C-N C-C C-R C-D C-T C-S M BP Regulations
RESIDENTIAL USES
General Residential
Housing Types
Single-Unit
Dwellings, Detached A CUP A A A A A MUP
Multi-Unit
Residential A A A A MUP
Boarding House CUP CUP MUP MUP
Caretaker Quarters A A A A A A A A A A A A A A A MUP
Continuing Care
Community MUP MUP MUP MUP MUP MUP MUP
Elderly and Long Term
Care MUP MUP MUP M/A M/A MUP
Family Day Care (Small
and Large) A A A A A A A A A A A A A
See Sec. 17.86.100
and H&SC 1597.40
Fraternities and Sororities CUP CUP Section 17.86.130
Hospice In-Patient Facility CUP CUP MUP CUP CUP MUP
Mobile Home Park A A A A
See GC Sec. 65852.7,
65863.7, 65863.8
Residential Care Facilities
- 6 or Fewer Residents A A A A A A M/A M/A M/A MUP Multiple state statutes Residential Care Facilities
- 7 or More Residents MUP MUP MUP MUP MUP MUP MUP Multiple state statutes Supportive and/or
Transitional Housing, with
On or Off-Site Services
A A A A MUP A A A A A A A A
See GC Sec.
65583(a)(5)
Farmworker Housing A A
MIXED USES
Mixed-use Development A A A A A A A A See Sec. 17.70.130
Ordinance No. ______ (2024 Series) Page 6
O ______
Table 2-1: Uses Allowed By Zone
Key: A = Allowed; MUP = Minor Use Permit approval required; CUP = Conditional Use Permit approval required M/A = Minor Use Permit approval required on ground floor along street frontage, allowed on second floor or above Land Use
Permit Requirement by Zoning District Specific Use
AG C/OS R-1 R-2 R-3 R-4 PF O C-N C-C C-R C-D C-T C-S M BP Regulations
COMMERCIAL USES
Adult Entertainment
Businesses A A
See Sec. 17.86.030
and GC Section
65850.4
Animal Care, Sales and Services
Animal
Boarding/Kennels CUP MUP MUP
Outdoor runs and
kennel areas shall be
allowed only in the C-S
zone. See also Sec.
17.86.170.
Animal Grooming A A A A A MUP
Animal Retail Sales MUP A A A A
Veterinary Services,
Large Animal CUP MUP MUP
Veterinary Services,
Small Animal A A A A M/A A
Banks and Financial Institutions
ATMs A A A A A A A A A
Banks and Credit
Unions A A A A MUP MUP MUP See Sec. 17.36.030.B and Sec. 17.40.030.A Check Cashing
Shops/Payday
Loans
MUP MUP
Business Services A A A M/A A A A
Cemetery CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP
Commercial Recreation -
Large Scale CUP CUP CUP CUP CUP CUP CUP MUP See Sec. 17.36.030.D and Sec. 17.86.110 Commercial Recreation -
Small Scale MUP MUP A A A A A A MUP
Day Care Center MUP MUP MUP MUP MUP A A A A M/A MUP MUP MUP MUP See Sec. 17.86.100
Ordinance No. ______ (2024 Series) Page 7
O ______
Table 2-1: Uses Allowed By Zone
Key: A = Allowed; MUP = Minor Use Permit approval required; CUP = Conditional Use Permit approval required M/A = Minor Use Permit approval required on ground floor along street frontage, allowed on second floor or above Land Use
Permit Requirement by Zoning District Specific Use
AG C/OS R-1 R-2 R-3 R-4 PF O C-N C-C C-R C-D C-T C-S M BP Regulations Eating and Drinking Establishments
Bars and Taverns MUP MUP MUP MUP MUP MUP
See also Sec.
17.86.040 and Sec.
17.86.050
Restaurant A A A A A A MUP MUP
Restaurant with Late
Hour Alcohol
Service
MUP MUP MUP MUP MUP MUP MUP MUP See Sec. 17.86.040
and Sec. 17.86.050
Food and Beverage Sales
General Market A A A A CUP See Sec.
17.26.030.B.1
Convenience Store MUP MUP MUP A A A A A MUP MUP MUP
See Sec.
17.26.030.B.1 and
Sec. 17.86.090
Produce Stand MUP MUP A A A A
Liquor Store MUP MUP MUP MUP CUP
See Sec.
17.26.030.B.2 and
Sec. 17.86.040
Food Preparation A A A
Funeral Parlors and
Internment Services MUP MUP A MUP
Instructional Services MUP CUP MUP M/A A M/A CUP A MUP
Maintenance and Repair
Services A A CUP
Offices
Business and
Professional Offices MUP A A A M/A M/A MUP MUP
In the C-S zone, a
MUP is required for
office uses on the
ground floor. See also
Sec. 17.36.030.B and
Sec. 17.40.030.A.
Medical and Dental
Offices A A A M/A MUP MUP See Sec. 1736.030.C
Personal Services A A A A MUP A MUP
Ordinance No. ______ (2024 Series) Page 8
O ______
Table 2-1: Uses Allowed By Zone
Key: A = Allowed; MUP = Minor Use Permit approval required; CUP = Conditional Use Permit approval required M/A = Minor Use Permit approval required on ground floor along street frontage, allowed on second floor or above Land Use
Permit Requirement by Zoning District Specific Use
AG C/OS R-1 R-2 R-3 R-4 PF O C-N C-C C-R C-D C-T C-S M BP Regulations Retail Sales
See Sec. 17.26.030.A,
17.30.030.A,
17.32.030, and
17.34.034.A and
17.36.030.A
Building Materials and
Services - Indoor A A A A A
Building Materials and
Services - Outdoor MUP A MUP A A
Extended Hour Retail MUP MUP MUP MUP MUP MUP MUP MUP
General Retail MUP A A A MUP MUP
Large-Scale Retail CUP CUP CUP
Nurseries and Garden
Centers CUP A A
Theaters CUP MUP MUP MUP MUP
Only nonprofit theaters
are allowed in the PF
zone. See also Sec.
17.86.030.
Vehicle Sales and Services
Auto and Vehicle Sales
and Rental MUP CUP A MUP
Large Vehicle,
Construction and
Heavy Equipment
Sales, Service, and
Rental
MUP A
Service Stations MUP MUP MUP MUP A
See Sec. 17.86.250,
and Sec. 17.86.060.
Vehicle Services -
Major Repair/Body
Work
A A MUP
Vehicle Services -
Minor
Repair/Maintenance
CUP MUP A A MUP
Vehicle Services -
Washing MUP MUP CUP MUP MUP
Ordinance No. ______ (2024 Series) Page 9
O ______
Table 2-1: Uses Allowed By Zone
Key: A = Allowed; MUP = Minor Use Permit approval required; CUP = Conditional Use Permit approval required M/A = Minor Use Permit approval required on ground floor along street frontage, allowed on second floor or above Land Use
Permit Requirement by Zoning District Specific Use
AG C/OS R-1 R-2 R-3 R-4 PF O C-N C-C C-R C-D C-T C-S M BP Regulations
TRANSPORTATION, COMMUNICATIONS, & UTILITIES
Airport CUP CUP CUP MUP
Wireless
Telecommunications
Facilities
MUP MUP MUP MUP MUP MUP MUP MUP MUP MUP MUP
See Sec. 17.86.290,
47 USC Sec. 332(c)(7)
of the
Telecommunications
Act, Pub. Util. Code
Sec. 7901 et seq., GC
Sec. 65850.6
Freight/Truck Terminals A A MUP
Light Fleet-Based Services A MUP MUP
Media Production
Backlots and
Soundstages MUP MUP MUP
Broadcast Studios A A M/A A A A
Heliport CUP CUP CUP CUP
Parking Facilities CUP CUP CUP CUP CUP CUP See Sec. 17.86.200 Public Safety Facilities CUP CUP
Transit Station or Terminal CUP CUP CUP MUP A
Utilities Facilities Ground-mounted
equipment in
residential zones shall
be screened by
landscaping to the
satisfaction of the
Director.
Facilities with Onsite
Staff CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP Facilities with No
Onsite Staff
(unmanned)
MUP MUP MUP MUP MUP MUP MUP MUP MUP MUP MUP MUP MUP MUP MUP MUP Transmission Lines CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP
Ordinance No. ______ (2024 Series) Page 10
O ______
Table 2-1: Uses Allowed By Zone
Key: A = Allowed; MUP = Minor Use Permit approval required; CUP = Conditional Use Permit approval required M/A = Minor Use Permit approval required on ground floor along street frontage, allowed on second floor or above Land Use
Permit Requirement by Zoning District Specific Use
AG C/OS R-1 R-2 R-3 R-4 PF O C-N C-C C-R C-D C-T C-S M BP Regulations
CANNABIS ACTIVITY
Cannabis See Section 17.86.080
Specialty Cultivator MUP MUP MUP
Small Cultivator MUP MUP MUP
Nursery MUP MUP MUP
Manufacturing MUP MUP MUP
Distributor MUP MUP MUP
Microbusiness CUP MUP/
CUP
MUP/
CUP
MUP/
CUP
See Sec.
17.86.080(E)(12) for
specific requirements
per zone.
Testing CUP A A A
Director’s action
required. See also
Sec. 17.86.080(E)(9).
Retailer (Delivery) MUP MUP MUP
Retailer (Storefront) CUP CUP
SPECIFIC AND TEMPORARY LAND USES
Educational Conferences
Housing MUP MUP MUP MUP
Homestay Rentals See Sec. 17.86.160
Home Occupation See Sec. 17.86.140
Food Trucks See Sec. 17.86.120
Nightclubs and Live
Entertainment MUP MUP MUP MUP MUP MUP
Office - Temporary See Chapter 17.113
Outdoor Temporary and/or
Seasonal Sales See Sec. 17.86.190 and Chapter 17.113
Parking Facility -
Temporary CUP MUP MUP MUP MUP MUP MUP MUP MUP MUP See Chapter 17.113 Safe Parking CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP See Sec. 17.86.230 Special Event MUP MUP MUP MUP MUP MUP MUP MUP MUP See Chapter 17.113 Vending Machine See Section 17.86.280
Ordinance No. ______ (2024 Series) Page 11
O _____
SECTION 4. A summary of this ordinance, together with the names of Council members voting for and against, shall be published at least five (5) days prior to its final passage, in the New Times, a newspaper published and circulated in this City. The Ordinance shall be effective thirty (30) days after its final passage.
INTRODUCED on the _____ day of _______ 2024, AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on the ___ day of ________, 2024, on the following vote:
AYES:
NOES:
ABSENT:
__________________________
Mayor Erica A. Stewart
ATTEST:
_________________________
Teresa Purrington,
City Clerk
APPROVED AS TO FORM:
__________________________
J. Christine Dietrick,
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, on ______________________. __________________________
Teresa Purrington,
City Clerk