CITY OF SAN MATEO
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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 12 Section Name: {{section.name}} Account Number: 10-5141 File ID: {{item.tracking_number}} TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Police Department
MEETING DATE: February 5, 2024
SUBJECT:
Animal Control Amendments – Ordinance Introduction
RECOMMENDATION:
Introduce an Ordinance to amend San Mateo Municipal Code Chapter 8.02 "Animal Control" to provide clarity in definitions and streamline processes.
BACKGROUND:
Animal control is one of the longest running regional/shared services in San Mateo County. Since 1952, the County of San Mateo has contracted with the Peninsula Humane Society (PHS) for animal control field and sheltering services. All 20 cities in the County have in turn contracted with the County for these services. The contract with the County includes an expectation that each City will adopt and maintain an animal control ordinance which is substantially the same as the San Mateo County ordinance.
Recently San Mateo County officials began a process to update their animal control ordinance. A committee was convened consisting of animal control program staff as well as five (5) City Attorneys to represent all cities within the County, the County Attorney’s Office, and PHS staff and their counsel. The committee of stakeholders identified opportunities to clarify existing language, remove repetitive language, and add substantive changes to the existing ordinance, with an emphasis on increasing efficiency in enforcement, clarifying language deemed confusing, and addressing inevitable shortfalls that had emerged after years of experience and enforcement. The intent of the proposed amendments includes enhanced enforceability, streamlined processes, clarity in definitions based on real-world experience, and above all else, public safety.
San Mateo Municipal Code Chapter 8.02 contains regulations regarding animal control in the City of San Mateo. Staff wishes to continue to partner with the County for animal control services and therefore recommends making amendments to correspond to those adopted by the County. The key provisions of the proposed updates include:
•Updating existing definitions to improve enforcement capabilities and remove potential areas of confusion, particularly as relates to “Dangerous” and “Vicious” animal designations. •Lowering the rabies vaccination age requirement as consistent with current state law. •Updating language and enforcement regarding “Vicious” animals. An animal designated as “Vicious” is, in many circumstances, to be humanely euthanized. The proposed code raises the threshold for when an animal may be declared “Vicious” (and thus is to be euthanized) as is consistent with current standards and practical enforcement. For offending animals deemed a significant danger to the public, a “Vicious” animal designation is still applicable.
•Updating language and enforcement regarding “Dangerous” animals. An animal designated as “Dangerous” is one which has exhibited behavior which indicates that heightened safety requirements for the keeping of such animal are required to ensure public protection. The proposed revision clarifies the threshold for when an animal may be
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designated as “Dangerous.” Currently, a Dangerous animal designation remains for the life of the animal; under the proposed revisions, an owner may apply for the designation to be lifted after a period of three (3) years if it has been safely maintained under the permit, removing the need for County oversight and enforcement. The Animal Control Program Manager has found that most animals deemed “Dangerous” (about 90%) do not re- offend, and that the lifting of designations for animals deemed no longer a danger to the public is consistent with other jurisdictions, as well as state recommendations under the California Food and Agriculture Code. •Removing language indicating that an animal owner may not maintain a “Dangerous” animal in a home with a juvenile person under the age of eighteen (18). The committee could not find any other jurisdiction that had this restriction in an ordinance and is not aware of any instance in which it had actually improved public safety or in which it was enforceable.
•Revising and updating the fee schedule and further clarifies the offenses for which administrative citations may be issued for violations of the Chapter.
Staff recommends introduction of the Ordinance (Attachment 1) to provide consistency and maintain the City's interest in continuing to partner with the County for animal control services.
BUDGET IMPACT:
No budget impact is anticipated as a result of this action.
ENVIRONMENTAL DETERMINATION:
This action is not a project subject to CEQA, because it can be seen with certainty that it will not cause a physical change in the environment. (Public Resources Code Section 21065.)
NOTICE PROVIDED
All meeting noticing requirements were met.
ATTACHMENTS
Att 1 – Proposed Ordinance
Att 2 – Proposed Ordinance – Track Changes
STAFF CONTACT
Ed Barberini, Chief of Police
[email protected]
(650) 522-7600
Matt Lethin, Captain
[email protected]
(650) 522-7663
Glen Teixeira, Lieutenant
[email protected]
(650) 522-7608