City Council
Report
City Council Meeting: May 13, 2025
Agenda Item: 4.B
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To: Mayor and City Council
From: Ramon Batista, Police Chief, Police Department
Subject: Introduction and First Reading of an Ordinance Amending the City's Animals Code
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines; and
2. Introduce for first reading the attached Ordinance amending the text of the Santa Monica Municipal Code by amending Chapter 4.04, Animals and Section
4.12.090 to modernize the Code, improve animal impound and quarantine policies including for dangerous animals, clarify and strengthen policies regarding nuisance and dangerous animals and animals in public, and provide greater tools to reduce the number of animals in shelter including improving dog licensing compliance and allowing the issuance of cat licenses.
Executive Summary
Over the last several years, the intake of animals to our Animal Shelter has increased significantly in the City of Santa Monica and within the Los Angeles County region.
From 2021 to 2024, the shelter saw a 39% increase in the intake of both dogs and cats.
The cat intake alone increased by 52%. A significant factor behind these statistics is an increase in owner relinquishment of their pets to the shelter. While the Santa Monica Animal Shelter maintains percentages to qualify for a “No Kill” status, the number of cats euthanized in 2024 increased by 11 cats, or 122% totaling 20 cats. This number is compared to the cats euthanized in 2021, totaling 9 cats. Many of the cats were feral or wild in nature. The standard for maintaining a “No Kill” designation requires a 90% live 2 of 15
release rate. To address the significant increase in the City of Santa Monica, the Santa Monica Police Department, in conjunction with the Santa Monica City Attorney’s Office, seeks to introduce amendments to the existing Animals Code (Santa Monica Municipal Code Chapter 4.04) that will improve animal welfare, modernize the code, and provide solutions to assist in the reduction of animals brought to the shelter, and animals euthanized at the shelter.
Background
The Animal Control Unit which includes the Animal Shelter, is a unit within the Professional Services Division (PSD) of the Santa Monica Police Department. The Animal Control Unit’s staff is comprised of:
• Police Services Administrator – Oversees, supervises, plans, and coordinates the activities and operations of the Animal Control Unit. • Animal Control Supervisor – Oversees the day-to-day operations of the Animal Control Unit.
• Lead Animal Control Officer – Coordinates, monitors, and participates in the work activities of the Animal Control Unit.
• Animal Control Officers – Enforce ordinances and laws pertaining to animals, including issuance of citations. Handle calls for service within the city regarding animal control matters. Handle wild, injured, and vicious animals of all type.
Investigate crimes against animals and enforce licensing of dogs. Impound loose and stray animals and transport animals to the shelter for safe keeping. One of the five Animal Control Officer positions is being filled by an Animal Care Attendant. The Animal Care Attendant positions were eliminated in 2020. • Animal Care Attendants – Feed and care for all animals at the shelter. Treat and medicate sick or injured animals. Assist with reuniting lost animals and their owners. Assist with animal adoptions at the shelter.
• As Needed Animal Care Attendant (4 positions) – Perform work of Animal Care Attendant on an as needed basis. Feed and care for all the animals at the shelter. Treat and medicate sick or injured animals and assist the public with the 3 of 15
reuniting of lost animals to their owners and assist with animal adoptions at the shelter. ** Note (Currently 2 positions vacant)
• Staff Assistant ll – Operates the front office at the Animal Shelter including the issuance of licenses, processing of invoices, adoptions, and assisting the public.
The Animal Control Unit performs a variety of duties and services for the City of Santa Monica. These duties and services include patrolling the City, responding to calls for service complaints involving a wide variety of issues affecting animals both domestic and wildlife. In addition, the Animal Control Unit enforces animal related laws and ordinances by educating the public, issues citations, investigates cases of animal abuse and neglect under Penal Code Section 597, and files criminal cases when necessary.
In 2024, the Animal Control Unit was dispatched to 1,984 calls for service by the Santa Monica Police Department dispatch center. Some of these calls for service included stray animals loose in the city, an animal bite to a person, sick or injured wildlife, and enforcement of other animal ordinances and regulations. Staff issued 77 citations for animal control related violations and completed 42 animal bite reports. These bite reports were submitted to the Los Angeles County Public Health Department per rabies quarantine protocol, Los Angeles County Code 11.04.210.
SMMC Section 4.04.170 requires that dogs over 4 months of age be vaccinated and licensed by the City, except that dogs that are designated as assistance animals are not required to be licensed. To obtain a license, the owner must pay a fee, and owners of dogs that are altered (spayed or neutered) are only required to pay 50% of the full fee.
Over the past several years, Animal Control has seen a significant decrease in the compliance of vaccination and licensing of a dogs in the city. Before 2020, Animal Control would have up to nearly 5,000 dogs licensed in the city each year. The City experienced a decrease in dog licensing compliance in 2020 due to the COVID-19 pandemic and layoffs of 5 staff positions. Since 2020, the number of dogs licensed has decreased significantly, so that as of 2024, only 2,644 dogs were licensed. So far, 1,667 dogs have been licensed in 2025.
The Animal Control Unit is responsible for the impounding of all loose or stray animals 4 of 15
within the city, and animal licensing enforcement within the City.
The total number of animals impounded by Animal Control in 2024 was 776 including:
269 dogs, 35 puppies (dogs under 4 months of age), 177 cats, 123 kittens (cats under 4 months of age), and 172 animals designated as other. Other animals include birds, rabbits, reptiles, rodent, and other small animals.
The Animal Control Unit attempts to adopt out all animals that cannot be reunited with an owner. The total number of adopted animals in 2024 was 302, including 74 dogs, 23 puppies, 97 cats, 101 kittens, and 7 other animal types.
Animals that are impounded within the City are transported and housed at the Santa Monica Animal Shelter. The animal shelter is located at 1640 9th Street. The shelter operates 7 days a week and is open to the public, Tuesday – Saturday from 8:00am – 5:00pm for all general business and animal adoptions.
The animal shelter facility has the capacity to hold up to 30 dogs and 30 cats in individual kennels at one time. Cat capacity can be increased to 70 by sectioning off cages. The shelter is often at 90% capacity for dogs, and 100% capacity for cats during spring and summer, though numbers drop during the fall and winter.
The City currently has 5 Off-Leash Dog Parks. These parks are patrolled and monitored by Animal Control Officers to ensure there is compliance with all the rules and regulations governing these dog parks by park patrons.
Unlike neighboring jurisdictions, including the City and County of Los Angeles, Santa Monica does not currently have any limits on the number of dogs or cats that can be kept in a single household.
Discussion
Many provisions of the Animals Code have not been updated in decades. Staff proposes the following amendments and additions to give more ability to help reduce the number of animals coming into the animal shelter to improve animal welfare and minimize the need for euthanasia, and to help enforce existing regulations regarding atlarge and nuisance animals. 5 of 15
Measures to reduce the number of animals in the shelter Improve and expand animal licensing
Animal licensing helps to facilitate reuniting animals with owners when they are lost, and ensures animals remain up to date with vaccines which benefits the public health and safety. License fees also help cover the cost of services of the animal shelter related to dogs and other programs authorized by state law.
Only dogs are currently required to be licensed in the City. Due to the disproportionately large increase in the number of cat intakes to the shelter, staff proposes adopting a voluntary cat licensure option. This is included as proposed amendment to Sections 4.04.170, Licensing of dogs and 4.04.340, Tag to be attached to dog, to provide a non-mandatory option to obtain a cat license. Cat licensures will assist Animal Control in expediting the return of a licensed stray cat to its owner. This would be accomplished by the stray cat wearing a license tag issued by the City, so the shelter’s staff would be able to look up the owner’s information from the license and return the cat back to its owner. This will greatly reduce the impounding of stray cat population at the shelter, facilitate reuniting cats with owners which will promote animal welfare.
Staff proposes an amendment to Section 4.04.150, Animals at Large, to require Animal Control to first endeavor to return a cat found running at large that is licensed to its owner, before impounding the animal. This will offer further incentive for the cat owners to obtain licenses, to avoid their animal being impounded and having to pay impound fees, if the animal gets loose.
Staff proposes amendments to Section 4.04.330, Duty of persons performing vaccines, to expand the requirement that veterinarians provide a certificate of rabies vaccination to owners of vaccinated dogs, to provide the same certification to owners of vaccinated cats to facilitate the City’s proposed new cat licensure program. The proposed amendments would also require veterinarians practicing in Santa Monica to forward the name and address of every dog and cat vaccinated in the last quarter to the Animal 6 of 15
Control Unit. Implementing a code that would mandate veterinarians operating a business in the City of Santa Monica to provide and forward current vaccinations records to Animal Control would assist Animal Control in updating current Santa Monica residents’ dog licenses on file with the City and provide information on unlicensed dogs in the City for Animal Control Officers to follow up with the owners to obtain compliance, which in return will increase dog licensing compliance in the City as mandated by State law. In the past, veterinarians operating a business in the City who voluntarily provided Animal Control with records of vaccinated dogs living in the City, helped to overall increase dog licensing compliance and helped with informing some unaware dog owners about the City’s licensure requirement.
Allow for release of unowned outdoor cats that are vaccinated and spayed or neutered Studies have shown that policies for returning outdoor unowned cats sterilized and returned to their outdoor community are highly successful at reducing the population of outdoor unowned cats by ending reproduction. The cats’ lives are also improved by not being under the constant stress of mating and pregnancy and mating behaviors including yowling, spraying, and fighting is reduced.
Staff therefore propose an amendment to Section 4.04.230, Animals at large, to clarify that Animal Control may decline to impound an unaltered cat found running at large for whom no owner can be readily ascertained, so that the person who found the cat can have it spayed, neutered, and vaccinated and returned to its outdoor location.
Staff propose a similar amendment to Section 4.04.260, Notice of impounding of animals, to provide as an alternative to euthanasia for a cat that is part of outdoor cat community and has not been claimed after impound, the cat may be returned to its community after being vaccinated and spayed or neutered.
Adopt limits on the number of animals permitted in a household In the past Animal Control has also experienced cases of excessive numbers of animals living in one household in very poor and unsanitary conditions. In one case, the number of animals in one household reached up to 78. Most of the animals were found to be in 7 of 15
poor and unsanitary conditions needing medical treatment. Limiting the numbers of animals permitted to live in one household would reduce the cases of animal hoarding in the City, including independent rescuers who take in more animals than they have space for or than they are equipped to care for, leading to animal welfare and health, safety, and sanitation issues for the community. These practices are generally prohibited in neighbor jurisdictions that limit the number of cats and dogs including:
City of Los Angeles: no more than 3 dogs (not including service dogs) over 4 months of age, and no more than 5 cats County of Los Angeles (unincorporated) (also adopted by Culver City, West Hollywood): no more than 4 dogs and 5 cats. Beverly Hills: no more than 4 dogs over four months of age, no more than six cats over four months of age.
Staff proposes adding a new Section 4.04.145 which would prohibit keeping more than four dogs over four months of age, and more than five cats over four months of age in a dwelling unit. The ordinance would not count toward the maximum any dogs that qualify as service animals and would also exempt owners who own more than four licensed dogs as of the effective date of the ordinance, and more than four licensed cats as of 90 days of the effective date of the ordinance as the cat licensing option is new. The code also specifies that a residential tenant who keeps more than the maximum number of cats or dogs does not commit a “nuisance per se” entitling the landlord to terminate the tenancy, unless the number of animals also cause a nuisance.
Clarification and update on procedures for impoundment, quarantine, and release of animals
The City currently does not have a code that clearly authorizes an Animal Control Officer to impound a stray animal or an animal after a bite to a person, though Animal Control is required to quarantine animals after a bite for a period of 10 days pursuant to the Los Angeles County Code. Staff propose a new Section 4.04.265 which would specify that Animal Control Officer shall have the power to summarily and immediately impound a dog or cat that is required to be quarantined pursuant to Section 11.04.120 of the Los Angeles County Code, and to enter private property to do so. The new section also clarifies that an animal impounded for this purpose may be returned to its owner upon the expiration of the quarantine, as distinguished from other impounds 8 of 15
subject to Section 4.04.260 under which the animal becomes the property of the City if not claimed within three business days. If the Animal Control Officer determines the animal impounded due to a bite is dangerous pursuant to Section 4.04.280, the Animal Control Officer is not required to release the animal to the custody of its owner until the owner demonstrates compliance with the requirements for keeping dangerous animals in Section 4.04.290 (discussed below). These amendments would clarify the process for impounding and releasing animals impounded due to bites consistent with current practices.
Staff also proposes amending Sections 4.04.260, Notice of impounding of animals, to clarify that the general provisions regarding impounds apply to animals impounded pursuant to and for violations of the code. Other procedures apply to animals impounded to protect the health or safety of the animal in cases of suspected abuse or neglect under Penal Code 597.1.
Staff also recommends repealing SMMC Section 4.04.250 which sets a fixed fee for impounding dogs for specified violations of Chapter 4.04, as impound fees are set by resolution of the City Council as are administrative fines for violation of the specified sections.
Staff further recommends amending Section 4.04.360 to specify that the owner of any impounded dog or cat shall be personally liable for the costs of impoundment, including daily board and care costs. This codifies current practice.
Clarification of regulations on animals in public
Several provisions of Chapter 4.04 regulate the presence of animals in public spaces.
Section 4.04.155 requires dogs in public to be restrained by a 6-foot leash or confined in a car, unless the dog is in a designated dog park in which case they may be off-leash provided owners comply with all posted rules of the park. Animal Control Officers have had difficulty enforcing this requirement to comply with all posted rules, as it is currently written as a condition to keep a dog off leash. Staff propose new language to clarify that owners have an affirmative obligation to comply with all posted rules at dog parks. 9 of 15
Staff proposes adding to Section 4.04.160, Dogs—Prohibited public areas a prohibition on dogs in any public cemetery. Animal Control has received complaints regarding dogs in Woodlawn Cemetery. The complaints have stated that the dog owners are allowing their dogs to run off leash throughout the cemetery.
Section 4.04.160, Dogs—Prohibited public areas, prohibits dogs from being on the “beach sands” and other places. Animal Control Officers have been challenged when attempting to enforce this requirement as to dog owners who are holding their dogs while standing on the beach, or whose dogs are sitting on blankets or towels on the beach, though the purpose of this regulation is to generally prohibit dogs from being at the beach. Animal Control proposes amendments to clarify that this rule prohibits dogs on any surface on beach sands.
Staff propose an additional amendment to Section 4.04.160 to prohibit cats on the beach sands. Animal Control has encountered individuals bringing their cats to the beach and either keeping the cat in a carrier so that it does not have adequate access to food, water, or a place to defecate or urinate, or letting the cat out to defecate and urinate in the beach sands, posing health, safety, and welfare risks for the cats and other beachgoers. The Los Angeles County Code prohibits this activity, and the regulation is posted on lifeguard towers at the beach. This amendment would maintain consistency with the county code and enable Animal Control to assist in enforcement of these violations.
Clarification of regulations on animals that cause a nuisance For several years, Animal Control Officers have encountered challenges enforcing animal ordinances within the City due to the very vague and outdated language contained in some animal control ordinances. Adding new language to certain ordinances will greatly assist officers with enforcement by providing a better definition and understanding of the ordinances and provide some guidelines for an officer to follow and better inform the public of what conduct is clearly covered by the ordinance, improving compliance.
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SMMC 4.12.090, Noisy Animals, currently prohibits an owner allowing an animal under their control to bark, yell, or cry for more than five minutes in any one hour period and does not specify whether the barking or yelling must be continuous to be a violation.
Staff propose amending SMMC 4.12.090, Noisy Animals, with additional language that specifies the noise is prohibited if it last for five continuous minutes or fifteen total minutes in any sixty-minute period. This clarification will help Animal Control Officers with enforcement of this code by establishing a definite timeframe of noise by an animal needed to be a violation of this code. Staff also propose adding language to the code that reads: “The Animal Control Officer may decline to investigate a complaint for a violation of this section if the City does not receive a second complaint from another household about the same animal within a 12-hour period.” On multiple occasions, Animal Control Officers have been forced to respond to repeated calls from one reporting party about a particular noisy animal, while not being able to verify a violation has occurred. This provision will assist the Animal Control Unit in preserving staff resources to respond to complaints that are more likely to be valid.
SMMC 4.04.370, Removal of Dog Feces prohibits owners from allowing their dogs from “committing a nuisance” on public property or private property without the owner’s consent and SMMC 4.04.380 defines a nuisance as depositing fecal matter on public property or private property without the owner’s consent. Staff proposes consolidating these provisions to remove redundancy, by removing the term “commit a nuisance” from Section 4.04.370 and replacing it with “deposit fecal matter”. Staff also proposes adding language to Section 4.04.370 to clarify that depositing fecal matter only “without immediately removing the fecal matter” is a violation, to assist Animal Control Officers with enforcement by clarifying what would be considered a violation under the code.
Amendments to dangerous animal regulations
The City regulates animals deemed dangerous and vicious through current Sections
4.04.280, Dangerous Animals, 4.04.290, Dangerous animal quarantine, and 4.04.410, Vicious Dogs. These sections provide that if an Animal Control Officer determines an animal is dangerous, the animal must be kept enclosed or restrained on the owner’s 11 of 15
private property until the Animal Control Officer issues a notice releasing the animal from containment. The Animal Control Officer may also order a dog that is found to be vicious or predatory in nature to be muzzled at all times on public property or not fully enclosed on private property. The codes provide that violation of a quarantine or containment order for a dangerous animal is a misdemeanor, but violation of a muzzle order for a vicious dog is only an infraction. These codes do not clearly define either the term “dangerous” or “vicious,” or when any restrictions should be lifted. The containment restrictions on “dangerous” animals also do not clearly apply to owners who do not have a fixed residence.
State law (Food and Agriculture Code Sections 31600 et seq.) provides an alternative legal process for a court to find a dog to be “potentially dangerous” or “vicious,” which terms are clearly defined under state law. The City has used this process in the rare instance when a dog owner repeatedly has disobeyed a muzzle order, to obtain a more enforceable court order requiring a dog to be muzzled and restrained. The procedure under state law may also be used to effectively address dogs that cause serious bodily harm, which would qualify the dog as “vicious” and potentially lead to destruction of the animal. Even with these state law procedures to address dogs that cause repeated minor or individual more serious injuries, it is helpful for the City to have its own administrative process to promptly and efficiently require an owner of an animal that has caused less serious injury to keep the dog muzzled, and clearer definitions of when this is required.
Staff proposes to do this through revisions to Sections 4.04.280, 4.04.290 to: (1) clearly define a “dangerous” animal as one that has bitten a person or another animal and caused at least one puncture on the flesh of the person or other animal; (2) require the owner of a dog found to be dangerous to be muzzled and on a leash controlled by an adult at all times the dog is in public or in private property that is not fully enclosed; (3) require the Animal Control Officer to vacate a muzzle order if the owner demonstrates that the conditions or behaviors that led to the dangerous animal determination have ceased and are not likely to return; (4) provide the Animal Control Officer the option to require the owner of a dangerous dog to maintain and provide proof of general liability 12 of 15
insurance; and (5) clarify that violation of any condition on keeping a dangerous animal is a misdemeanor and subject to either criminal prosecution or an administrative citation. Staff also proposes removing Section 4.04.410, Vicious dogs, as amendments to sections 4.04.280 and 4.04.290 will remove the distinction between “dangerous” and “vicious” animals.
Finally, Section 4.04.415 provides that any person aggrieved by any decision of the Animal Control Officer related to dangerous animals or vicious dogs may appeal. Staff proposes adding clarifying language that appeals shall be conducted by a Hearing Examiner in accordance with rules of administrative appeals of other City decisions.
Fire Department Therapy Dog Program
The use of a therapeutic dogs assists the community during a traumatic event in the City and can assist City employee wellness programs throughout. The Fire Department has started a therapy dog program for staff. Staff propose amendments to SMMC
4.04.155 (requiring dogs on public property, not including dog parks, to be confined to a car or leashed) and 4.04.160 (prohibiting dogs in certain public areas including City owned buildings, subject to exceptions) to provide exceptions for dogs authorized by the Fire or Police Chief or under the control of the Fire or Police Department for therapeutic purposes, to facilitate the Fire Department’s program and should the Police Department choose to adopt a similar program.
Updating references to Humane and Health Officer to Animal Control Officer Many provisions of the code refer to powers of the Humane Officers and the Health Officer which are outdated references. The City Health Officer was removed from the Charter in 1992. Humane Officers under state law are individuals appointed by human societies or societies for the prevention of cruelty to animals and confirmed by courts to enforce laws for the prevention of cruelty of animals. Staff proposes replacing all references to Humane Officer or Health Officer to Animal Control Officer, the currently used title for the person responsible for carrying out animal control and welfare duties for the City.
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Outreach
Staff has spoken to local veterinarian partners who fully support the ordinance revision.
One local vet stated the introduction of an outdoor cat program can have a significant impact on the reduction of cats euthanized each year. The veterinarian also stated a limitation on the quantity of animals allowed per residence also has an impact on the number of animals impounded to animal shelters each year.
Several local Santa Monica residents have provided their support for facilitating returns of spayed and neutered outdoor cats. These residents have been taking it upon themselves to care for the community cats in their residential areas and would appreciate the city having a program that helps address the issue.
Environmental Review
The amendments to Chapter 4.04 and Section 4.12.090 are categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA guidelines. Section 15061(b)(3) states the CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. In this case, the proposed municipal code amendments will give staff better tools to reduce and manage the intakes to the animal shelter and enforce prohibitions on animals in certain public spaces and regulations of animals that are dangerous or a nuisance.
Past Council Actions
Meeting Date Description
December 19, 2000 Ordinance amending SMMC 4.04.280 and 4.04.290 regarding dangerous dogs to apply to cats and other animals (Ordinance 1997 (CCS))
August 10, 2004 Ordinance amending and adding various provisions of SMMC Chapter 4.04 to permit dogs on leashes in all but specified areas of City parks; prohibit animals to be in enclosed areas of private property; create certain exceptions to local restrictions on dogs; impose new restrictions on feeding dogs in off-leash areas; restrict feeding other animals on certain streets, sidewalks, and parks; provide for administrative review of dangerous animal determinations; and repeal presumption of 14 of 15
dangerousness of pit bulls (Ordinance 2137 (CCS)).
January 11, 2011 Ordinance adding SMMC 4.04.130 to allow beekeeping, and SMMC 4.04.400 to clarify authority for Animal Control Officers to enter private property to inspect and enforce violations of Chapter 4.04. (Ordinance 2344 (CCS))
March 24, 2015 Ordinance adding SMMC 4.04.162 and amending SMMC
4.04.166 and 4.04.420, to prohibit certain exotic and wild animals from the Beach, Ocean Front Walk, the Pier, the Pier ramp, the Third Street Promenade, the Downtown Transit
Mall, and all city parks and adjacent sidewalks, except in accordance with community event or film permits and when naturally inhabiting spaces, and to specify penalties for violations of Chapter 4.04. (Ordinance 2481 (CCS))
January 24, 2017 Ordinance amending SMMC 4.04.162 to additionally prohibit spiders, rodents, rabbits and similar species from specified public spaces (Ordinance 2534 (CCS))
December 12, 2023 Ordinance amending SMMC 4.04.390 to prohibit feeding birds in specified public spaces (Ordinance 2769 (CCS))
Financial Impact and Budget Actions
There are no immediate financial impacts or budget action necessary as a result of the recommended action. Staff will return to Council if specific budget actions are required in the future.
Prepared By: Robert Silverstein, Administrator
Approved Forwarded to Council
Attachments:
A. Ordinance - Chapter 4.04 Amendments
B. December 19, 2000 Ordinance
C. August 10, 2004 Ordinance
D. January 11, 2011 Ordinance
E. March 24, 2015 - Ordinance 4.04.130 (Web Link)
F. January 24, 2017 - Ordinance Amending 4.04.162 (Web Link) G. December 12, 2023 - Ordinance Amending 4.04.390 (Web Link) 15 of 15
H. Written Comments