1 City Council Meeting: May 27, 2025 Santa Monica, California ORDINANCE NUMBER _____ (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTIONS 4.04.070, 4.04.080,
4.04.090, 4.04.100, 4.04.110, 4.04.140, 4.04.150, 4.04.155, 4.04.160, 4.04.170,
4.04.190, 4.04.230, 4.04.260, 4.04.280, 4.04.290, 4.04.300, 4.04.330, 4.04.340,
4.04.360, 4.04.370, 4.04.415, AND 4.12.090, ADDING SECTIONS 4.04.145, AND
4.04.265, AND REPEALING SECTIONS 4.04.250, 4.04.380, AND 4.04.410 TO THE
SANTA MONICA MUNICIPAL CODE, RELATING TO ANIMAL CONTROL MATTERS WHEREAS, the Santa Monica Animal Shelter has seen an 36% increase in the intake of dogs and cats to the shelter from 2021 to 2024; and WHEREAS, the number of cat intakes to the Santa Monica Animal Shelter increased from by 52% from 2021 to 2024; and
WHEREAS, the Santa Monica Shelter has capacity to hold up to 30 dogs and 30 cats in individual kennels, which capacity can be expanded to 70 cats by sectioning off cages; and
WHEREAS, the Santa Monica Animal Shelter is frequently at approximately 90 percent capacity for dogs year-round and 100 percent for capacity for cats or kittens during peak Spring and Summer months; and
WHEREAS, the increasing dog and cat intakes threaten the ability of the Santa Monica to maintain its status at a “no kill” shelter, as the number of cats euthanized increased by 55% in 2024 over the number euthanized in 2021; and WHEREAS, the City requires that dogs over four months of age be vaccinated and licensed but does not offer an option to license cats; and 2 WHEREAS, licensing helps to promote public and animal health and welfare by increasing vaccination against rabies, and helps to facilitate reuniting dogs with owners, thereby reducing demand on kennel space; and
WHEREAS, adopting a cat licensing program, and providing for the return of a licensed cat found at large without impounding on a first offense, would help reduce the cat intakes to the animal shelter by facilitating reuniting cats with their owners; and WHEREAS, dog licensing has declined substantially in recent years, from approximately 5,000 dog licenses issued in the City before 2020 to just 2,644 issued in 2024; and
WHEREAS, the City’s prior collaboration with local veterinarians in notifying Animal Control of vaccinated dogs was successful at improving dog licensing rates, and a similar program would also benefit cat licensing; and WHEREAS, measures to facilitate the return of unowned outdoor cats to their outdoor cat community after they are vaccinated and spayed or neutered would help reduce the population of unowned outdoor cats without requiring euthanasia, and improve the health and well-being of cats and the communities the colonies are found in; and WHEREAS, neighboring jurisdictions in Los Angeles County limit the number of cats and dogs that may be kept in a dwelling unit, but Santa Monica does not; and WHEREAS, reasonable limits on the number of cats and dogs that may be kept in a dwelling unit improve animal welfare and public health and safety by ensuring animals are not kept in overcrowded homes without adequate care or sanitation; and WHEREAS, providing explicit authority for the Animal Control Unit to seize and impound animals that are required to be quarantined after a bite under the Los Angeles 3 County Code will clarify Animal Control Officers’ role in effectuating rabies quarantines; and
WHEREAS, the City prohibits dogs from being on the beach, to protect against healthy, safety, and welfare concerns, including that the beaches are often crowded public spaces, with no adequate place to urinate or defecate, where dogs are likely to encounter small children, among other concerns; and
WHEREAS, clarifying that the prohibition on dogs on the beach sands applies to dogs that are held by a person on the sands, or placed on any surface that is on top of beach sands, will improve compliance and enforcement of the prohibition of dogs on the beach, and improve public health, safety, and welfare; and WHEREAS, Animal Control Unit staff have encountered persons who bring cats to the beach in carrying cases, without access to adequate food, water, and a place to urinate or defecate other than the beach sand, posing risks to health and welfare and the well-being of cats; and
WHEREAS, the City wishes to protect against these risks by prohibiting cats on the beach sands to the same extent as dogs; and
WHEREAS, Animal Control Officers have encountered difficulty enforcing violations of a posted dog-park rules when dogs are off leash due to the lack of a clear affirmative duty to comply with posted rules as a condition of using the park; and WHEREAS, the City wishes to clarify that all persons who allow their dogs to be off-leash in designated dog parks have an affirmative obligation to comply with all posted rules; and
4 WHEREAS, the Animal Control Unit has on numerous occasions received a complaint from a single complaining party regarding a noisy animal and been unable to substantiate the complaint after further investigation; and WHEREAS, limiting the instances in which Animal Control Officers are required to investigate noisy animal complaints to those that generate a complaint from more than one party would preserve Animal Control Unit resources to investigate other matters that significantly threaten health, safety, and welfare; and WHEREAS, the City has long regulated the duty of dog owners to immediately clean up feces deposited by their dogs in public spaces, as this poses risks to public health, safety, and welfare, and has referred to the failure to do so as a “nuisance”; and WHEREAS, the City’s municipal code makes numerous references to different conduct which constitutes a nuisance and more specifically defining prohibited conduct without use of the general term nuisance would clarify animal owners’ obligations; and WHEREAS, the City wishes to clarify that an owner commits a violation of the municipal code by allowing their dogs to deposit feces on public property or private property without an owner’s consent, without immediately removing the fecal matter; and WHEREAS, state law Food and Agriculture Code 31600 et seq. provides readily accessible procedures for having a dog that has caused repeated minor or any serious bodily injury declared to be potentially dangerous or vicious and for ensuring such dog does not pose a risk to public safety; and
WHEREAS, notwithstanding this procedure, the City retains the right to adopt and enforce its own program for control of potentially dangerous or vicious dogs, and the City has long regulated dangerous animals to protect the public health and welfare; and 5 WHEREAS, clarifying what animal behavior qualifies for a determination by the City that the animal is dangerous, what restrictions may be imposed on dangerous animals whose owners lack a fixed residence, and standardizing terminology regarding dangerous animals so as to not be conflated with the terms as they are used in state law, would benefit the City by providing clear guidelines for Animal Control Unit staff, and would benefit the public by putting animal owners on notice of conduct that may subject their animal to a dangerous animal designation and accompanying restrictions, and provide greater protection from dangerous animals; and
WHEREAS, permitting the Fire and Police Departments to keep therapy dogs in public buildings for use by Fire and Police Department staff would improve health and well-being of the City’s first responders to enable them to better protect the public; and WHEREAS, numerous references to Humane Officers and the City Health Officer throughout Chapter 4.04 of the Municipal Code are outdated, as animal control functions are now performed Animal Control Officers.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 4.04.070 of the Santa Monica Municipal Code is hereby amended to read as follows:
§ 4.04.070 Wild animals.
No person shall keep any wild animal, venomous or poisonous reptile, monkey, bird or fowl within the City, unless such person shall have first obtained a permit from the Animal Control Officer so to do.
6 SECTION 2. Section 4.04.080 of the Santa Monica Municipal Code is hereby amended to read as follows:
§ 4.04.080 Horses, mules, burros, or jacks.
No person shall keep more than two horses, mules, burros, or jacks in an open corral within the City of Santa Monica unless such person shall have obtained a permit from the Animal Control Officer so to do. In no event shall any person keep any horse, mule, burro, or jack within three hundred feet of any “R” or “C” district as defined in Article 9 of this Code, except that any person operating a business in any “C” district which is principally devoted to the sale or display of animals may sell or display in such business any miniature horse, miniature mule, miniature burro, or miniature jack.
SECTION 3. Section 4.04.090 of the Santa Monica Municipal Code is hereby amended to read as follows:
§ Section 4.04.090 Fowl.
No person shall keep more than thirteen fowl of any sort within the City, unless such person shall have first obtained a permit from the Animal Control Officer so to do.
SECTION 4. Section 4.04.100 of the Santa Monica Municipal Code is hereby amended to read as follows:
§ 4.04.100 Hogs, bulls or billy goats.
No person shall keep any pigs, bulls, or billy goats within the City unless such person first shall have obtained a permit from the Animal Control Officer so to do and in no event shall any person keep any hog, bull, or billy goat within three hundred feet of any “R” or “C” district as defined in Article 9 of this Code.
7 SECTION 5. Section 4.04.110 of the Santa Monica Municipal Code is hereby amended to read as follows:
§ 4.04.110 Cows or goats.
No person shall keep more than one cow or two goats in an open corral within the City without first having obtained a permit from the Animal Control Officer so to do and in no event shall any person keep any cow or goat within three hundred feet of any “R” or “C” district as defined in Article 9 of this Code.
SECTION 6. Section 4.04.140 of the Santa Monica Municipal Code is hereby amended to read as follows:
§ 4.04.140 Permit to keep certain animals.
Conditions. Whenever in this Chapter the keeping of certain animals is made conditioned upon the obtaining of a permit therefor from the Animal Control Officer, such permit shall be in writing and the Animal Control Officer shall state therein the conditions upon which it is granted and it shall be the duty of the permittee to comply with said conditions. Any such permit shall be revocable at any time by order by the Animal Control Officer. Any violation of the terms and conditions of any such permit shall be punishable in the same manner and to the same extent as any violations of this Code are punishable.
SECTION 7. Section 4.04.145 of the Santa Monica Municipal Code is hereby added to read as follows:
§ 4.04.145 Limit on number of cats and dogs.
(a) No person shall keep or maintain in any dwelling more than four dogs over four months of age. A dog that is a service dog shall not be counted toward the number of dogs authorized to be owned, kept, or maintained. Notwithstanding the foregoing, no 8 person shall be found in violation of this section for keeping or maintaining in a dwelling more than four dogs over four months of age that were licensed as of the effective of this section, unless such person keeps or maintains any additional dog over four months of age after the effective date of this section and the total number of dogs over four months of age in the dwelling exceeds four.
(b) No person shall keep or maintain in any dwelling more than five cats over four months of age. Notwithstanding the foregoing, no person shall be found in violation of this section for keeping or maintaining in a dwelling more than five cats over four months of age that were licensed as of ninety days after the effective of this section, unless such person keeps or maintains any additional cat over four months of age after ninety days after the effective date of this section and the total number of cats over four months of age in the dwelling exceeds five.
(c) A residential tenant’s violation of this Section shall not establish a nuisance per se for the purposes of any action to terminate the tenancy based on the tenant’s alleged nuisance.
SECTION 8. Section 4.04.150 of the Santa Monica Municipal Code is hereby amended to read as follows:
§ 4.04.150 Animals at large.
No person having control, charge or custody of any animal, shall permit the animal to stray, or run at large in or upon any private property without the property owner’s or occupant’s permission, any unenclosed private property or any public property, except as authorized by this Chapter. Any animal found straying or at large in or upon public property or private property may be impounded by the City. The City will endeavor to first 9 return any cat with a license issued to pursuant Section 4.04.170 of this Code found running at large to its owner prior to impound upon a first offense. Any person violating this Section shall be guilty of an infraction which shall be punishable by a fine of not less than fifty dollars per violation with each day or partial day of violation counting as a separate offense.
In addition to the penalties herein above provided, any condition caused or permitted to exist in violation of the provisions of this Section shall be deemed a public nuisance and may be, by this City, summarily abated as such, and each day such condition continues shall be regarded as a new and separate offense.
SECTION 9. Section 4.04.155 of the Santa Monica Municipal Code is hereby amended to read as follows:
§ 4.04.155 Dogs on public property.
(a) No person having control, charge or custody of any dog shall permit the dog to be upon any public property, unless the dog is in the custody and control of a competent person and either:
(1) Confined in an automobile; or
(2) Restrained by a chain or leash six feet or less in fixed length. (b) Any person violating this Section shall be guilty of an infraction which shall be punishable by a fine of not less than fifty dollars per violation with each day or partial day of violation counting as a separate offense.
(c) Notwithstanding the above, this Section shall not apply to dogs in any area designated by resolution of the City Council for use by dogs if the person having custody or control of the dog is in compliance with all posted rules governing the use of the 10 designated area. No person shall fail to comply with any posted rules governing the use of an area designated by resolution of the City Council for use by dogs. This section shall also not apply to dogs as may be authorized by the Fire Chief or Police Chief.
SECTION 10. Section 4.04.160 of the Santa Monica Municipal Code is hereby amended to read as follows:
§ 4.04.160 Dogs and cats—Prohibited public areas.
Except as expressly permitted by this Chapter, no person having control, charge or custody of any dog shall permit the dog to be in or upon a school ground, public building, tot lot, playing field, tennis court, basketball court, other game court, or cemetery, and no person having control, charge, or custody of any dog or any cat shall hold, transport, or permit the dog or cat to be in or upon the beach sands lying westerly of that street commonly known as Oceanfront Walk or northerly of the westerly prolongation of the center line of California Avenue, or upon any object placed on the beach sands. For the purposes of this section, “the beach sands” refers to any object on the sand other than the beach boardwalk, including but not limited a towel, blanket, tarp, or other container whether or not held by a person. Any person violating this Section shall be guilty of an infraction, which shall be punishable by a fine of not less than fifty dollars per violation with each day or partial day of violation counting as a separate offense. In addition, any such dog or cat found in any such prohibited place may be impounded as herein provided.
Notwithstanding the above, this Section shall not apply to:
(1) Dogs which are being used by disabled persons as guide or service dogs, while such dogs are being used for such purposes;
11 (2) Dogs in any area designated by resolution of the City Council for use by dogs if the person having custody or control of the dog is in compliance with posted rules governing the use of the designated area;.
(3) Dogs under the control of Fire Department or Police Department personnel for therapeutic purposes.
SECTION 11. Section 4.04.170 of the Santa Monica Municipal Code is hereby amended to read as follows:
§ 4.04.170 Licensing of dogs and cats.
(a) Every person who harbors a dog within the City shall, and every person who harbors a cat within the City may, pay to the City an annual license tax in an amount to be established by resolution of the City Council. The City shall from time to time deliver to the person making such payment a license which shall describe the animal, together with a seal or metallic plate having thereon the number of such license, and figures indicating paid, provided for any dog that the person making the payment has filed with the City a certificate indicating the dog has been vaccinated in accordance with this Chapter and State law; otherwise, a receipt for payment shall be issued. Duplicates shall be issued for lost tags for an amount set by resolution of the City Council upon the filing of proof of such loss. Such metallic tags shall be attached to a collar or harness and such collar or harness with the attached tag shall be kept on such dog or cat at all times, excepting as otherwise provided in the Code.
(b) The license fee herein mentioned shall be due and payable on the 2nd day of January each year and shall expire on the 31st day of December next ensuing. Where a dog or cat is acquired after the 2nd day of January, the license fee thereon shall be due 12 on the date of acquisition of such dog or cat for such calendar year and thereafter on the 2nd day of January of each succeeding year.
(c) In the event that any person shall fail, neglect or refuse to pay the required license tax for a dog license before the 1st day of April of each year, a penalty will be assessed, in addition to the prescribed license fee, in the amount of five dollars for every neutered male or spayed female dog and ten dollars for every un-neutered male or unspayed female dog.
(d) The provisions of this Section shall not apply to:
(1) Any dog not more than four months of age.
(2) Assistance dogs pursuant to State law.
SECTION 12. Section 4.04.190 of the Santa Monica Municipal Code is hereby amended to read as follows:
§ 4.04.190 Unlicensed dogs.
The Animal Control Officer shall take possession of any dog, except those dogs not more than four months of age, found anywhere in the City without a collar or harness and tag as provided in this Code, and shall impound the same under the provisions of this Code.
SECTION 13. Section 4.04.230 of the Santa Monica Municipal Code is hereby amended to read as follows:
§ 4.04.230 Taking possession of animals.
No person shall take the possession of any fowl, dog or other animal found running at large in the City, without notifying the Animal Control Officer at his or her headquarters within four hours after receiving possession of such fowl, dog or other animal, giving full description of the same, the address of the place where same may be found, and shall, 13 upon demand of the aforesaid Animal Control Officer, surrender such fowl, dog or animal to him or her. Said Animal Control Officer shall impound such fowl, dog or other animal as in this Code provided, except that if the Animal Control Officer determines that no owner can be ascertained for an unaltered cat that is reasonably believed to unowned and found running at large, the Animal Control Officer may allow the person who found the cat to keep possession of the cat in order to have the cat spayed or neutered, and may allow such person to release the cat in the location it was found running at large. It is hereby made the duty of any police officer who shall have any knowledge or notice of any person having in his or her possession any such fowl, dog or other animal, to report the same to said Animal Control Officer.
SECTION 14. Section 4.04.250 of the Santa Monica Municipal Code is hereby repealed.
SECTION 15. Section 4.04.260 of the Santa Monica Municipal Code is hereby amended to read as follows:
§ 4.04.260 Notice of impounding of animals and release of impounded animals. (a) The Animal Control Officer shall post in a conspicuous place in the office of the City Animal Shelter a notice displaying thereon the full description of each such bird, fowl or animal impounded. It shall be stated in said notice that if the bird, fowl or animal is not redeemed by the person entitled to the possession thereof within three business days, said animals shall become the property of the City. Such notice shall not be posted for animals impounded pursuant to Section 4.04.265 of this Code unless an animal is not redeemed by the person entitled to the possession thereof after the expiration of the quarantine period required by Section 11.04.210 of the Los Angeles County Code. 14 (b) If an impounded animal is not redeemed at the expiration of the period specified in a notice posted pursuant to subsection (a), the Animal Control Officer shall offer such bird, fowl or animal for sale, the sale price to be equivalent to the amount of charges which have accrued for impounding and boarding or otherwise caring for such animal, and if such total sum is not obtainable, then any portion thereof. (c) As an alternative to the offer for sale of such bird, fowl or animal, or in the event no one shall accept such offer, the Animal Control Officer may humanely dispose of such bird, fowl or animal, or in the case of a cat found running at large as part of an outdoor cat community who is reasonably believed to be unowned, the Animal Control Officer may, after vaccinating and spaying or neutering the cat, release the cat to a person who shall return the cat to the location at which it was found running at large. No stray dog or stray cat shall be euthanized pursuant to this section if a nonprofit, animal rescue, or adoption organization requests the release of the animal before schedule euthanasia. (d) This section shall apply only to birds, fowl, and animals impounded pursuant to and for violations of this Chapter.
SECTION 16. Section 4.04.265 of the Santa Monica Municipal Code is hereby added to read as follows:
§ 4.04.265 Impoundment of dogs and cats after bite.
(a) The 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
11.04.210 of the Los Angeles County Code. The Animal Control Officer is authorized to enter and inspect private property to enforce the provisions of this section. 15 (b) An animal impounded pursuant to this section may be returned to the animal’s owner, in accordance with the requirements of Section 4.04.360 of this Code, upon the expiration of the quarantine period required by the Section 11.04.210 of the Los Angeles County Code, except that if the Animal Control Officer notifies the owner or custodian that the animal is dangerous pursuant to Section 4.04.280 of this Code before the expiration of the quarantine period, the Animal Control Officer shall not return the animal to its owner or custodian until the owner or custodian demonstrates to the Animal Control Officer an ability to comply with the restrictions of Section 4.04.290 of this Code.
If the owner or custodian appeals a notice that an impounded animal is dangerous and the notice is overturned by the Hearing Officer, the Animal Control Officer shall return the animal to the owner or custodian within one business day of such determination by the Hearing Officer, in accordance with the requirements of Section 4.04.360. (c) Failure to surrender to the Animal Control Officer upon demand an animal which is subject to being impounded pursuant to this section shall be a misdemeanor.
SECTION 17. Section 4.04.280 of the Santa Monica Municipal Code is hereby amended to read as follows:
§ 4.04.280 Dangerous animals.
Upon receiving an affidavit from any person who has been bitten by a dog, cat or other animal or from any person who has witnessed an animal biting a person or another animal, the Animal Control Officer shall investigate. If the Animal Control Officer determines based on his or her investigation that the animal has bitten a person or another animal and caused at least one puncture on the flesh of the person or other 16 animal, the Animal Control Officer may notify the person having the care, custody and control of such dog, cat or other animal in writing that the animal is dangerous.
SECTION 18. Section 4.04.290 of the Santa Monica Municipal Code is hereby amended to read as follows:
§ 4.04.290 Dangerous animal restrictions.
(a) When the Animal Control Officer notifies the person having the care, custody and control of an animal that the animal is dangerous, the person having the care, custody and control of the animal must keep the animal securely restrained on his or her premises either by use of chain attached to the animal’s collar or harness, or within an enclosure sufficiently strong to prevent the animal from escaping, until the Animal Control Officer issues a notice authorizing a different place for containment or a notice releasing the animal from containment. When the Animal Control Officer determines that a dog is dangerous, the person having care, custody and control of the dog shall additionally keep the dog muzzled and on a leash controlled by a responsible adult at all times when the dog is upon the public streets, public sidewalks, public parks, or any other public place within the City, or upon any private property which is not fully enclosed by fence or other barrier, until the Animal Control Officer issues a notice vacating the muzzle requirement. The Animal Control Officer shall issue a notice vacating the muzzle requirement if the owner demonstrates to the satisfaction of the Animal Control Officer that the conditions or behaviors that led to the dangerous animal determination have ceased and are not likely to return.
(b) In addition to the foregoing restrictions, when the Animal Control Officer determines that a dog is dangerous, or as a condition of vacating a muzzle requirement 17 for a dog that has been determined to be dangerous, the Animal Control Officer may issue a written order requiring that the owner maintain and provide proof of general liability insurance covering property damage and bodily injury caused by a dangerous dog in an amount no less than $100,000 per occurrence.
(c) Any person violating any provision of this Section shall be guilty of a misdemeanor, punishable by a fine not to exceed two hundred and fifty dollars. Each violation of any subsection shall be a separate offense and shall be punished accordingly. (d) Any person violating any provision of this Section may also be subject to administrative citations pursuant to Chapter 1.09 of this Code.
SECTION 19. Section 4.04.330 of the Santa Monica Municipal Code is hereby amended to read as follows:
§ 4.04.330 Duty of persons performing vaccinations.
(a) Each duly licensed veterinarian after vaccinating any dog or cat shall sign a certificate in duplicate containing the following information:
(1) The name and address of the owner or harborer of the vaccinated dog; (2) The kind of vaccine used and the date of the vaccination; (3) The year and serial number of the dog or cat tag;
(4) The breed, age, color, and sex of the vaccinated dog or cat; (5) Such other information as the City Manager may require.
He or she shall immediately present one copy to the owner of the vaccinated dog or cat and retain one copy. At the time of the vaccination of any dog or cat, the veterinarian shall also deliver to the owner of the dog or cat as evidence of such vaccination. The City Clerk 18 shall not issue any license where vaccination is required until there has been presented to him or her for examination a certificate showing said vaccination. (b) At least once each quarter, every licensed veterinarian in the City of Santa Monica shall notify the Animal Control Officer of the name and address for every person in the City of Santa Monica owning a dog or cat that the veterinarian has vaccinated in that quarter.
SECTION 20. Section 4.04.340 of the Santa Monica Municipal Code is hereby amended to read as follows:
§ 4.04.340 Tag to be attached to dog or cat.
Certificate Retained by Owner. Every owner of a dog shall, and every owner of a cat may, attach the tag evidencing a valid dog or cat license to the collar or harness of the vaccinated dog or cat and such collar or harness shall be worn by the dog at all times.
The copy of the certificate shall be retained by the owner or harborer of the vaccinated dog or cat for inspection by the authorized persons.
SECTION 21. Section 4.04.360 of the Santa Monica Municipal Code is hereby amended to read as follows:
§ 4.04.360 Impounded dogs and cats.
(a) Whenever an owner of an impounded dog or any person desiring to possess any impounded dog takes said dog from the pound, said persons shall within ten days after securing the release of said dog, present to the Animal Control Administrator a certificate showing said dog has been vaccinated as required by this Chapter. (b) The owner or custodian of a dog or cat will be charged and shall be personally liable for the costs of impoundment, including daily board and care costs, 19 vaccinations, medication and any other treatments as may be required to care for the animal in the reasonable discretion of the Animal Control Officer.
SECTION 22. Section 4.04.370 of the Santa Monica Municipal Code is hereby amended to read as follows:
§ 4.04.370 Removal of dog feces.
No person having the right and ability to prevent the same, shall knowingly, carelessly, or negligently permit any dog to deposit fecal matter upon any public property, including, but not limited to, public parks, streets, sidewalks, parkways, gutters and drains, or any improved private property other than that of the owner of said dog or person who has consented thereto, without immediately removing the fecal matter. Any person violating this Section shall be guilty of an infraction, which shall be punishable by a fine of not less than one hundred dollars per violation.
SECTION 23. Section 4.04.380 of the Santa Monica Municipal Code is hereby repealed.
SECTION 24. Section 4.04.410 of the Santa Monica Municipal Code is hereby repealed.
SECTION 25. Section 4.04.415 of the Santa Monica Municipal Code is hereby amended to read as follows:
§ 4.04.415 Appeals.
Any animal owner who is aggrieved by a decision of the Animal Control Officer made pursuant to Municipal Code Section 4.04.280 may obtain review of that determination by filing a notice of appeal with the Animal Control Officer. A hearing shall be conducted by 20 a Hearing Examiner in accordance with the procedures set forth in Section 6.16.030 of this Code.
SECTION 26. Section 4.12.090 of the Santa Monica Municipal Code is hereby amended to read as follows:
§ 4.12.090 Noisy animals.
No person shall permit or allow any animal under his or her ownership, custody or control to bark, yell or cry for more than five continuous minutes or for fifteen total minutes in any sixty-minute period. The Animal Control Officer may decline to investigate a complaint for violation of this section if the City does not receive a second complaint from another household about the same animal within a twelve-hour period.
SECTION 27. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance.
SECTION 28. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 29. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official 21 newspaper within 15 days after its adoption. This Ordinance shall become effective 30 days from its adoption.
APPROVED AS TO FORM:
_________________________
Douglas Sloan, City Attorney