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CITY OF SIMI VALLEY
MEMORANDUM
M
ay 16, 2022
TO: City Council
F
ROM: Environmental Services Department
S
UBJECT: A PUBLIC HEARING AND SECOND READING OF ORDINANCE NO. 1337 TO CONSIDER AMENDMENTS TO THE SIMI VALLEY MUNICIPAL CODE TITLE 6 ANIMAL REGULATIONS AND ADOPTION OF PORTIONS OF THE COUNTY OF VENTURA’S CODE OF ORDINANCES RELATED
TO ANIMAL SERVICES BY REFERENCE
STAFF RECOMMENDATION
I
t is recommended that the City Council, at the conclusion of the public hearing, adopt Ordinance No. 1337 (page 6) amending Title 6 of the Simi Valley Municipal Code.
BACKGROUND AND OVERVIEW
Thi
s proposed ordinance No. 1337 was introduced for first reading at the City Council meeting on April 25, 2022, without modification. When codes are amended and adopted by reference, Government Code Section 50022.3 requires that the second reading of a proposed adopting ordinance be done through a public hearing. Since May 1987, t he City of Simi Valley (City) has contracted with the County of Ventura (County) to provide a wide range of animal related services .
Ventura County Animal Services (VCAS) provides animal services to other Ventura County cities including Camarillo, Fillmore, Moorpark, Port Hueneme, Ojai, Oxnard, and Ventura. Currently, VCAS provide s the City with animal care services, field services, rabies control, animal nuisance hearings, animal license processing, and administrative citation processing. In late 2021, VCAS completed a comprehensive code update to meet the current needs of its operations . That code update necessitates the City to review its current code related to animal regulations and adopt necessary amendments in order to maintain ongoing services provided by the County. In order to align with the County’s new enforcement provisions and to enable VCAS to act on the City’s behalf, the City will need to update the Simi Valley Municipal Code by June 30, 2022.
FINDINGS AND ALTERNATIVES
In or
der to ensure consistency in enforcement and operations, the proposed ordinance adopts by reference the relevant VCAS Code provisions of Ordinance No. 4587, adopted by the Ventura County Board of Supervisors on October 19, 2021. The newly adopted County Code provisions will become fully effective on July 1, 2022. The manner in which
AGENDA I
TEM NO.
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certain services are provided will change at that time. As such, cities that contract with VCAS will be responsible for amending their Municipal Codes prior to July 1, 2022, to ensure the continuity of services and to maintain service levels. Pursuant to California Government Code Section 50022.9, cities may enact ordinances that adopt by reference County ordinances and codes with amendments and deletions that best meet their jurisdictional needs. The proposed City amendments and deletions, by way of contract with the County, give the County jurisdictional authority to provide animal services within the City and allows for City staff to provide administrative reviews and hearings as required by the contract.
The provisions of County Ordinance No. 4587 includes both clarifications of existing regulations as well as substantive changes to operations. The following summarizes the substantive revisions each of which are intended to streamline processes in order to more efficiently meet the current needs and industry best practices related to the animal services provided countywide.
Administrative Hearing Process
• Expands the administrative hearing process for citations to include a preliminary administrative review. This expansion will streamline the process for all parties, including the County and City, to allow a person who received a citation the ability to request an ad ministrative desk review of their citation without the expense or time of a formal hearing. (See County Code Section 4493-8.1.).
Breeding Permit
• Clarifies the hearing process for revocation and requires a person applying for a breeding permit to be registered with and be in good standing with a domestic or foreign breeding registry recognized by the County (See County Code Section 4425.).
Barking Dogs
• D ifferentiates barking dogs from other types of nuisances such as potentially dangerous and vicious dogs, establishes documentation and evidence standards to be submitted by a complainant , and provides administrative citations as an intermediate remedy prior to a nuisance hearing and options for reversal of a nuisance declaration based sustained compliance (County Code Section 4467.).
Potentially Dangerous and Vicious Dogs Designations and Hearings
• Clearly defines potentially dangerous and vicious dogs and provides for administrative and civil hearings to resolve nuisances, as needed at the discretion of VCAS (County Code Section 4470).
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Spay/Neuter Requirements
• The City’s proposed ordinance excludes the County’s mandatory spay/neuter requirements in entirety for dogs and cats (County Code Sections 4421 and 4424), which have been in effect since 2014 for the unincorporated areas of Ventura County. The spay and neuter mandate requires all dogs and cats four months and older to be spayed and neutered. The intent is to address overpopulation of animals within Ventura County and reduce the number of sheltered animals . To date, only the County and the cities of Ojai and Port Hueneme have enacted spay and neuter mandates.
Since 2016, the City has seen a consistent decrease in its share of animal intakes at the shelter. The City’s share of shelter intake has decreased from 12.3% to 9.5%, nearly 23% reduction over the past six years. Similarly, the number of surrendered pets from Simi Valley represents only 8.3% of the c ountywide total. Furthermore, the City’s overall license compliance (Table 1) remains strong with 20% of licensed dogs within the County residing in Simi Valley. Of those, a smaller percentage of the total unaltered dogs are in the City. This illustrates a high level of responsible pet ownership by Simi Valley residents with a significant number of dog owners voluntarily choosing to spay and neuter their dogs.
Table 1 – License Compliance
Simi Valley Other Jurisdictions
Dog Licenses 9,720 38,396
% of Total Licenses 20% 80%
Unaltered Dogs 610 3,616
% of Total Unaltered Dogs 14% 86%
Altered Dogs 9,110 35,320
% of Total Altered Dogs 21% 79%
Additionally, any animals adopted from VCAS are required to be spayed or neutered.
Statewide only rescue animals can be adopted/purchased through commercial storefronts. Breeders are required to be permitted through VCAS to ensure responsible breeding. All of these current interventions have greatly limited the number of unaltered dogs and cats throughout the community.
The following alternatives are available to the City Council:
1. Adopt Ordinance No. 1337 amending Title 6 of the Simi Valley Municipal Code;
2. Not adopt Ordinance No. 1337 and provide staff w ith further direction.
Staff recommends Alternative No. 1.
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SUGGESTED CITY COUNCIL MOTION
I move to adopt Ordinance No. 1337 amending Title 6 of the Simi Valley Municipal Code.
SUMMARY
As a result of the County of Ventura’s comprehensive code update in late 2021, the City of Simi Valley needs to update its Municipal Code and adopt necessary amendments by June 30, 2022, in order to maintain ongoing services provided by VCAS. The adoption of the proposed ordinance allows the City to align with the County’s new enforcement provisions and authorize VCAS to act on the City’s behalf for animal related services.
Stratis Perros
Environmental Services Director
Prepared by: Jennifer Del Toro, Management Analyst
INDEX Page
Public Hearing Procedure ................................................................ 5 Ordinance No. 1337 ......................................................................... 6
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PUBLIC HEARING PROCEDURE
HEARING DATE: May 16, 2022
1. MAYOR
: This is the time and place set for a public hearing on the adoption of Ordinance No. 1337, amending Title 6 of the Simi Valley Municipal Code.
May I have a reading of the ordinance?
2. CLERK: (Reads ordinance)
3. MAYOR: May we have an oral report on this matter by staff?
4. STAFF: (Report)
5. ANY COUNCIL
MEMBER
: (Questions of staff and staff response)
6. MAYOR
: Is there anyone in the City Council Chamber wishing to be heard on this matter?
7. AUDIENCE
: (Comments)
8. MAYOR
: The hearing is closed. Are there any comments or questions from members of the City Council?
9. ANY COUNCIL
MEMBER
: (Comments)
10. MAYOR: The Chair will now entertain a motion.
11. ANY COUNCIL
MEMBER : City Council Actions (by motion of any Council Member):
Adopt, modify, or not adopt Ordinance No. 1337 (requires a second and a vote; requires reading of ordinance);
* Any action to refer the matter back to staff or to continue the matter requires a second and a vote.
12. ANY COUNCIL
MEMBER
: Second
13. MAYOR: (Call for vote)
14. MAYOR
: Proceed to the next item.
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ORDINANCE NO. 1337
I
NTRODUCTION OF AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF SIMI VALLEY REPEALING
TITLE 6, CHAPTER 1, ARTICLES 1 THROUGH 7 AND
AMENDING ARTICLE 8 OF THE SIMI VALLEY MUNICIPAL
CODE AND ADOPTING THE COUNTY OF VENTURA’S
CODE OF ORDINANCES RELATED TO ANIMAL SERVICES
BY REFERENCE AS CONTAINED WITHIN DIVISION 4,
CHAPTER 4, AND DIVISION 2, CHAPTER 4, ARTICLE 6
W
HEREAS, the City of Simi Valley (City) may adopt by reference various codes and ordinances of the County of Ventura (County) , in accordance with Section 50022.9 of the California Government Code; and
W
HEREAS, the County provides animal services to the City by way of contract; and
W
HEREAS, the County adopted Ventura County Ordinance Code 4587 on October 19, 2021, a full copy the County Ordinance is attached hereto as Exhibit A, which amended various provisions affecting services provided to the City effective July 1, 2022; and
W
HEREAS, the City wishes to continue to align with the County’s enforcement provisions and continue to authorize the County to act on the City’s behalf; and W
HEREAS, the City Council now desires to adopt this Ordinance No. 1337 repealing prior Simi Valley Municipal Code sections and adopting the County’s Code of Ordinances by reference with amendments and deletions.
NO
W, THEREFORE, THE CITY COUNCIL OF THE CITY OF SIMI VALLEY DOES ORDAIN AS FOLLOWS:
S
ection 1. Chapter 1 of Title 6, Articles 1 through 7 of the Simi Valley Municipal Code are hereby repealed.
S
ection 2. Chapter 1 of Title 6 of the Simi Valley Municipal Code, as repealed, is hereby reenacted to read as follows:
TI
TLE 6. SANITATION AND HEALTH
Chapter 1. ANIMALS
Article 1. General Provisions
Sec. 6-1.101. Adoption.
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Chapter 4 of Division 4 and Article 6 of Chapter 4 of Division 2 of the Ventura County Code relating to animals, three (3) copies of which are on file in the office of the City Clerk for public record and inspection, is hereby adopted by reference , as well as , any later adopted omissions, amendments or additions made part of the said code, and made a part of this chapter as though set forth in this chapter in full, subject, however, to the amendments and deletions set forth in Articles 2, 3, 4, 5, 6 and 7 of this chapter and any later. In the event of conflicting provisions, the most restrictive shall prevail.
Se
c. 6-1.102. Terms.
Wh
enever any of the following names or terms are used in Chapter 4 of Division 4 and Article 6 Chapter 4 of Division 2 of the Ventura County Code or in this chapter, each such name or term shall be deemed and construed to have the meaning ascribed to it as follows: "County" or "County of Ventura" and "unincorporated area of Ventura County" or "unincorporated area of the County" shall mean "City of Simi Valley," except as used in Sections 4416 and 4432.
Se
c. 6-1.103. County Officials.
Th
e County officials named or set forth in Chapter 4 of Division 4 of the Ventura County Code shall be deemed to be City officials for the purpose of enforcing the provisions of this chapter.
Ar
ticle 2. License Tags. Amendments and Deletions
Se
c. 6-1.201. Deletion: Section 4421 – Spay/Neuter Requirements.
For
purposes of this Chapter, Section 4421 of the Ventura County Code is found to be inapplicable to the City of Simi Valley and is hereby deleted from this chapter in its entirety.
Se
c. 6-1.202. Amendment: Section 4425 – Breeding Permit.
For
purposes of this Chapter, Subsection (a) of Section 4425 of the Ventura County Code is hereby amended to read as follows:
No per
son shall cause any dog or cat owned, harbored, or kept within the City of Simi Valley to breed without first obtaining a breeding permit, as described below. The term breeding permit means a written authorization, issued annually by the Director, giving the animal’s lawful holder permit to intentionally breed a dog or cat.
Ar
ticle 8. Amendment: Feeding of Certain Birds
For
purposes of this Chapter, the existing content of Article 8 shall be relocated and renumbered as follows:
Ar
ticle 12. Amendment: Feeding of Certain Birds
Article 9. Amendment: Administrative Enforcement Alternative 7 ORD. NO. 1337
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Sec. 6-1.901. Amendment: Section 4493-2. Definitions.
For
purposes of this Chapter, Subsection (d) of Section 4493- 2 of the Ventura County Code is hereby amended to read as follows:
Sec
tion 4493-2. Definition.(d) The term “Review Officer” means a neutral and impartial person who has been designated or retained to conduct an Initial Administrative Review of the issued citation by the Division or the City.
Sec
tion 3. If any section, subsection, clause, or phrase of this ordinance is for any reason held to be unconstitutional, or otherwise invalid, such decision shall not affect the validity of the remaining sections of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause and phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional.
Sec
tion 4. The City Clerk shall cause this ordinance or a summary hereof to be published in a newspaper of general circulation, published in the County of Ventura and circulated in the City, and if applicable, to be posted, in accordance with Section 36933 of the California Government Code; shall certify to the adoption of this ordinance and shall cause a certified copy of this ordinance, together with proof of publication, to be filed in the Office of the Clerk of this City.
Sec
tion 5. This ordinance shall go into effect and be in full force at 12:01 a.m. on July 1, 2022.
PASSED
and ADOPTED this 16th day of May 2022.
At
test:
Lucy Blanco, City Clerk Keith L. Mashburn, Mayor
Ap
proved as to Form: Approved as to Content:
David L. Caceres, City Attorney Brian Paul Gabler, City Manager 8 ORD. NO. 1337
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