Abandoned Animal Ordinance
ITEM
March 16 Committee Direction
Draft a proposed ordinance prohibiting animal abandonment in the City Model the ordinance after Sacramento County
Model the punishment provisions after Elk Grove
Sacramento
County
Sacramento County Code
9.36.061 Animals.
a. No person shall:
2. Abandon any animal, dead or alive, within any
park facility
c. A violation of any of the provisions of this section shall be punishable as follows:
1. A first violation of any of the provisions of this
section is punishable as an infraction; and
2. A second or subsequent violation of the same
provisions of this section committed within thirty (30) days of the previous violation shall be a misdemeanor.
(SCC 1542 § 1, 2013; SCC 0957 § 1, 1994; SCC 0713
§ 3, 1988; SCC 576 § 16, 1983.)
Punishment:
1 st Offense – Infraction ($50.00)
Subsequent Offenses (within 30 days) – Misdemeanor
($500.00 and/or imprisonment not exceeding 6
months)
Elk Grove
Elk Grove Municipal Code
9.36.062 Animals.
No person shall:
B. Abandon any animal, dead or alive, within any park
facility;
I. A violation of any of the provisions of this section shall be enforced pursuant to the provisions of EGMC
Chapter 1.04 as follows:
1. A first violation of any of the provisions of this section is punishable as an infraction; and
2. A second or subsequent violation of the same
provisions of this section committed within thirty (30) days of the previous violation shall be a misdemeanor.
[Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10- 25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
Punishment:
1st Offense – Infraction ($100.00)
2nd Offense (within 30 days) – Misdemeanor ($1,000.00
and/or imprisonment not exceeding 6 months)
Proposed
Animal
Abandonment
Ordinance
6.04.360 Animal abandonment.
A. It is unlawful for any person to willfully abandon any animal in the City.
Punishment
Provision
B. A violation of the provisions of this section is punishable as follows:
1. A first violation of the provisions of this section shall be an infraction, punishable by a fine of not more
than $100.00; and
2. A second or subsequent violation of the same
provisions of this section committed within thirty
(30) days of the previous violation shall be a
misdemeanor, punishable by a fine of not more
than $1,000.00, or by imprisonment in the County
jail for a period not exceeding six (6) months, or by
both such fine and imprisonment.
Existing Punishment Provisions - SMC
1.08.010 Criminal violations—Misdemeanors and infractions.
A. It is unlawful for any person to violate any provision or to fail to comply with any of the requirements of this code. Any person violating any of the provisions, or failing to comply with any of the requirements of this code shall be guilty of a misdemeanor, except where it has been provided by State law or this code that the violator shall be guilty of an infraction. Any person convicted of a misdemeanor under the provisions of this code shall be punishable by a fine of not more than $1,000.00, or by imprisonment in the County Jail for a period not exceeding six (6) months, or by both such fine and imprisonment.
B. Any person convicted of an infraction, shall be punishable by a fine only as follows: Upon a first conviction, by a fine not exceeding $100.00, by a fine not exceeding $250.00 for a second violation of the same ordinance within one year, and for a third conviction or subsequent conviction within a period of one year, by a fine not exceeding $500.00.
Existing Punishment Provisions - SMC
6.04.490 Enforcement—Penalty.
In addition to any other penalties authorized by law, violations of this chapter may be charged as either an infraction or a misdemeanor. (Ord. 021-07 C.S. § 2; prior code § 7-132)
Next Steps
Following direction and recommendation by this Committee, the City Attorney’s Office will make any necessary updates to the proposed code language and forward the ordinance to the City Manager’s Office so that a lead department can be identified for coordination with other relevant departments and, ultimately, presentation to the City Council.
DIRECTION AND
RECOMMENDATION