Legislation Details

File #: HIST-5454    Version: 1 Subject:
Type: Historical Status: Action Item
In control: City Council Meeting Agenda
On agenda: 6/25/2007 Final action: 6/25/2007
Title: 1) Introduction of an Ordinance Amending the City’s Current Animal Control Regulations Relating to the Voluntary Licensing of Cats, and Fees, Fee Exemptions and License Terms for Cats and Dogs; and 2) Adoption of a Resolution Establishing an Annual Fee Schedule for Dog and Cat Licenses, Fee Exemptions and Related Procedures and Rescinding Resolution No. 2005-R006.
Attachments: 1. 1) Introduction of an Ordinance Amending the City’ - FINAL_A-3__07-06-18_CMO_Dog_Cat_License_Reso_Ordinance - FINAL.pdf, 2. 1) Introduction of an Ordinance Amending the City’ - FINAL A-3 attachment cover cat ordinance 6.25.07.pdf, 3. 1) Introduction of an Ordinance Amending the City’ - FINAL A-3 Cat Ordinance.pdf, 4. 1) Introduction of an Ordinance Amending the City’ - FINAL A-3 Fee Resolution.pdf
City of Culver City, California City Council Agenda Item Report Meeting Date: 06/25/07 Item Number: A-3 AGENDA ITEM: 1) Introduction of an Ordinance Amending the City’s Current Animal Control Regulations Relating to the Voluntary Licensing of Cats, and Fees, Fee Exemptions and License Terms for Cats and Dogs; and 2) Adoption of a Resolution Establishing an Annual Fee Schedule for Dog and Cat Licenses, Fee Exemptions and Related Procedures and Rescinding Resolution No. 2005-R006. Contact Person/Dept.: Shelly Wolfberg or Heather S. Iker Phone Number: (310) 253-6008 or (310) 253-5660 Fiscal Impact: Yes [X] No [] General Fund: Yes [X] No [] Public Hearing: [] Action Item: [X] Attachments: [X] Public Notification: Master Notification List (06/20/07). Department Approval: Martin R. Cole (06/13/07) City Attorney Approval: Carol Schwab (by H. Iker) (06/18/07) City Controller Approval: Marlee Chang (06/20/07) City Manager Approval: Jerry B. Fulwood (06/20/07) RECOMMENDATION: Staff recommends the City Council: 1. Introduce an ordinance amending its current animal control regulations relating to the voluntary licensing of cats, and fees, fee exemptions and license terms for cats and dogs; and 2. Adopt a resolution establishing an annual fee schedule for dog and cat licenses, fee exemptions, and related procedures and rescinding Resolution No. 2005- R006. BACKGROUND: On May 29, 2007, the City Council discussed the licensing of cats, including the mandatory microchipping and alteration of cats and cat license fees and fee exemptions. The City Council directed staff to return with an ordinance to remove mandatory cat licensing and vaccination requirements contained in Title 10 of the County of Los Angeles, which Title 10 had been adopted by the City of Culver City as the City’s animal control ordinance. The City Council also directed staff to speak with the County about different options with regards to feral cat issues and impound fees. City of Culver City, California City Council Agenda Item Report DISCUSSION: The City Council is requested to consider introducing the attached Ordinance removing the mandatory cat licensing and vaccination provisions in current law. The City Council is also asked to consider adopting the attached resolution to establish a fee schedule for mandatory dog and voluntary cat licenses, fee exemptions and related procedures. FISCAL ANALYSIS: The fiscal impact to the General Fund is unknown at this time as it will depend on the amount of dog and cat license fees and penalties collected. ATTACHMENTS: 1. Ordinance. 2. Resolution MOTION: That the City Council: 1. Introduce an Ordinance amending the City’s current animal control regulations relating to the voluntary licensing of cats, and fees, fee exemptions and license terms for cats and dogs; and 2. Adopt a Resolution establishing an annual fee schedule for dog and cat licenses, fee exemptions and related procedures and rescinding Resolution No. 2005- R006. MEETING DATE: June 18, 2007 AGENDA ITEM: Introduction of an Ordinance to Amend the Current Animal Control Regulations to Clarify that: 1) All fees and Fee Exemptions for Dog and Cat Licensing Shall be Established by Resolution of the City Council; and 2) Certain Provisions of Chapter 9.01 of the Culver City Municipal Code Shall Preempt the County’s Animal Control Ordinance and Adoption of a Resolution Establishing an Annual Fee Schedule for Dog and Cat Licenses, Fee Exemptions and Related Procedures and Rescinding Resolution No. 2005- R006. ATTACHMENTS Pages 1. An Ordinance of the City Council of the City of Culver City, California amending Chapter 9.01 of the Culver City Municipal Code to add Subchapter 9.01.400, et seq. relating to the voluntary licensing of cats and applicable fees and fee exemptions; amend section 9.01.305(B) relating to fee exemptions for dogs; repeal section 9.01.315 relating to certain exemptions; amend section 9.01.320 relating to term of dog license; and amend Section 9.01.500(B) relating to the adoption of the Los Angeles County Animal Control Ordinance. 1-5 2. A Resolution of the City Council of the City of Culver City, California, establishing an annual fee schedule for dog and cat licenses, fee exemptions and related procedures, and rescinding Resolution No. 2005-R006. 6-9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 2007- AN ORDINANCE OF THE CITY OF CULVER CITY, CALIFORNIA, AMENDING CHAPTER 9.01 OF THE CULVER CITY MUNICIPAL CODE TO ADD SUBCHAPTER 9.01.400, et seq. RELATING TO THE VOLUNTARY LICENSING OF CATS AND APPLICABLE FEES AND FEE EXEMPTIONS; AMEND SECTION 9.01.305(B) RELATING TO FEE EXEMPTIONS FOR DOGS; REPEAL SECTION 9.01.315 RELATING TO CERTAIN EXEMPTIONS; AMEND SECTION 9.01.320 RELATING TO TERM OF DOG LICENSE; AND AMEND SECTION 9.01.500(B) RELATING TO THE ADOPTION OF THE LOS ANGELES COUNTY ANIMAL CONTROL ORDINANCE. WHEREAS, since 1998, the City of Culver City has contracted with the County of Los Angeles Animal Care and Control (the “County”) for licensing, sheltering and animal control services; and WHEREAS, in 1998, by Ordinance No. 98-005, the City adopted, by reference, Title 10 of the Los Angeles County Code (known as the “Animal Control Ordinance”) in order to avail itself of the services of the County; and WHEREAS, in 2003, by Ordinance No. 2003-002, the City readopted, by reference, the Animal Control Ordinance, as amended in 2003, to include the provisions of Chapter 10.37, Potentially Dangerous and Vicious Dogs; and WHEREAS, the County has recently adopted additional amendments to the Animal Control Ordinance, including provisions relating to its Mandatory Spay and Neuter Program for Dogs, and mandatory microchipping of dogs; and WHEREAS, in 2006, by Ordinance No. 2006-010, the City readopted, by reference, the Animal Control Ordinance, as amended in 2006, to include such provisions relating to mandatory alteration and microchipping requirements for dogs; and WHEREAS, under the recently adopted Animal Control Ordinance, the -1- 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 licensing of cats is mandatory; however, the City desires to allow for the voluntary licensing of cats; and WHEREAS, the City seeks to amend its current animal control regulations to clarify: 1) that all fees and fee exemptions for dog and cat licensing shall be established by resolution of the City Council; and 2) certain provisions of Chapter 9.01 of the Culver City Municipal Code shall preempt the County’s Animal Control Ordinance. NOW THEREFORE, the City Council of the City of Culver City, California, DOES HEREBY ORDAIN as follows: SECTION 1. Chapter 9.01 of the Culver City Municipal Code is hereby amended to add Subchapter 9.01.400, et seq. as follows: CATS § 9.01.400 License Voluntary § 9.01.405 License Fee; Exemptions; Term § 9.01.400 LICENSE VOLUNTARY. A. Every person owning or having custody or control of any cat over the age of four months in the City of Culver City may obtain on a voluntary basis a license for each of such cats in accordance with the provisions of Chapter 10.20 of Title 10 of the Los Angeles County Code (“LACC”), as adopted and incorporated by reference by Section 9.01.500 of this Chapter. If such license is obtained, all required license fees shall be paid as set forth in Section 9.01.405 of this Subchapter. § 9.01.405 LICENSE FEE; EXEMPTIONS; TERM. A. License fee. There shall be a voluntary annual cat license fee. The amount, time of payment, prorating schedule, if any, and penalty for late payment, if any, of said fee shall be established by resolution of the City Council. -2- 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 B. Exemptions. The license fees established by Subsection A of this Section shall not apply to any individual who qualifies for an exemption. The criteria for such exemptions and process for application of an exemption shall be established by resolution of the City Council. C. Term. Every license and tag issued pursuant to this Subchapter shall be for the period of twelve months beginning on the first day of the month in which the animal is licensed and continuing until the last day of the month twelve months thereafter. SECTION 2. Section 9.01.305(B) of the Culver City Municipal Code is hereby amended to read as follows (insertions indicated by underline; deletions indicated by strikethrough): B. Exemptions. The license fees established by Subsection A of this Section shall not apply to any individual who qualifies for an exemption as established by resolution of the City Council. 1. The license fees established by Subsection A. of this Section shall not apply to any individual sixty-two (62) years of age or older nor to any person who meets the criteria of disability as established by the Social Security Administration's Supplemental Security Income Program for the Aged, Blind and Disabled (Title XVI of the Social Security Act as amended), without regard to the age of such disabled individual. 2. In order to claim the exemption, any eligible person must file an application upon a form supplied by the City and shall state those facts declared under oath which qualify the applicant for an exemption, together with any additional statements required by the City. All exemptions shall continue and be renewed automatically each year provided that the exemption shall automatically terminate with any change of address of the exempt person. -3- 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. The City shall have the right to demand evidence of continued eligibility for an exemption. The exemption hereby made shall apply only to the next license period after the application for exemption is filed. SECTION 3. Section 9.01.315 of the Culver City Municipal Code is hereby repealed. SECTION 4. Section 9.01.320 of the Culver City Municipal Code is hereby amended to read as follows (insertions indicated by underline; deletions indicated by strikethrough): §9.01.320 TERM OF LICENSE. Every license and dog tag issued pursuant to this Chapter Subchapter shall be for the period from October 1 st to and including September 30 th of the following year of twelve months beginning on the first day of the month in which the animal is licensed and continuing until the last day of the month twelve months thereafter. SECTION 5. Section 9.01.500(B) of the Culver City Municipal Code is hereby amended to read as follows (insertions indicated by underline; deletions indicated by strikethrough): B. In the event there are any inconsistencies between the Animal Control Ordinance and this Chapter pertaining to animal control, the Animal Control Ordinance as adopted shall prevail. This Subsection shall not apply to Section 9.01.305, including any resolution adopted pursuant thereto; Section 9.01.320; Section 9.01.400; and Section 9.01.405, including any resolution adopted pursuant thereto. SECTION 6. Pursuant to Section 619 of the City Charter, this Ordinance shall take effect thirty (30) days after the date of its adoption. Pursuant to Sections 616 and 621 of the City Charter, prior to the expiration of fifteen (15) days after the adoption, the City Clerk shall cause this Ordinance, or a summary thereof, to be published in the Culver City -4- 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 News and shall post this Ordinance or a summary thereof in at least three places within the City. SECTION 7. The City Council hereby declares that, if any provision, section, subsection, paragraph, sentence, phrase or word of this ordinance is rendered or declared invalid or unconstitutional by any final action in a court of competent jurisdiction or by reason of any preemptive legislation, then the City Council would have independently adopted the remaining provisions, sections, subsections, paragraphs, sentences, phrases or words of this ordinance and as such they shall remain in full force and effect. APPROVED AND ADOPTED this day of , 2007. ALAN CORLIN, Mayor City of Culver City, California ATTEST: APPROVED AS TO FORM: CHRISTOPHER ARMENTA, City Clerk CAROL A. SCHWAB, City Attorney -5- 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2007-R_____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CULVER CITY, CALIFORNIA, ESTABLISHING AN ANNUAL FEE SCHEDULE FOR DOG AND CAT LICENSES, FEE EXEMPTIONS AND RELATED PROCEDURES; AND RESCINDING RESOLUTION NO. 2005-R006. WHEREAS, Resolution No. 2005-R006 established an annual dog license fee and exemptions; and WHEREAS, it is the intent of the City to also establish an annual license fee for the voluntary licensing of cats, and allow for certain exemptions for such fee; and WHEREAS, after giving the public an opportunity to be heard and considering all information before it, the City Council approved the adoption of said fees as set forth below; and WHEREAS, the fees established herein are based upon the reasonable cost of providing the services and regulatory activity for the City’s animal control program. NOW, THEREFORE, the City Council of the City of Culver City, California, DOES HEREBY RESOLVE as follows: 1. ANNUAL DOG AND CAT LICENSE FEES: A. Dog License. Pursuant to Section 9.01.305 of the Culver City Municipal Code, the City Council hereby establishes an annual dog license and tag fee of $40.00, except that the fee shall be $20.00 if a certificate is presented from a licensed veterinarian that the animal has been spayed or neutered and microchipped. A fee of $5.00 shall be charged for all replacement tags. B. Cat License. Pursuant to Section 9.01.405 of the Culver City Municipal Code, the City Council hereby establishes an annual cat license and 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 tag fee of $10.00, except that the fee shall be $5.00 if a certificate is presented from a licensed veterinarian that the cat has been spayed or neutered. A fee of $5.00 shall be charged for all replacement tags. Such fees shall only be imposed if a cat has been licensed. Cat licensing is voluntary, pursuant to Section 9.01.400 of the Culver City Municipal Code. C. The fees shall be collected and tags issued by the City of Culver City. 2. FEE EXEMPTIONS: A. Senior Citizens. Residents of Culver City aged 60 years or older, whose total adjusted gross income, as used for purposes of the California Personal Income Tax Law, was no more than $18,200 for the last calendar year, and the combined adjusted gross income of all members of the household in which an individual resides was no more than $21,500, are exempt from paying a license fee for the first dog and first cat, with all subsequent dogs and cats requiring a license and tag fee of 50% of the fees established in Section 1 of this Resolution. The income amounts set forth in this Section shall be subject to adjustment as provided from time to time by the County of Los Angeles setting the income qualifications for “low income” or from some other bona-fide source, both subject to the approval of the City Manager. B. Disability. Culver City residents who meet the criteria of Disability, as established by the Social Security Administration’s Supplemental Security Income (SSI) Program for the Aged, Blind and Disabled (Title XVI of the Social Security Act as amended), without regard to age, are exempt from paying a license fee for the first dog and first cat, with all subsequent dogs and cats 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 requiring a license and tag fee of 50% of the fees established in Section 1 of this Resolution C. Armed Forces, Law Enforcement and Service Dogs. A license and tag of indefinite duration shall be issued, without fee, for any dog which has been honorably discharged from the armed forces of the United States, or for any dog during such time as the dog is serving as a law enforcement dog, or for any dog during such time as the dog is owned and used by a disabled person as a certified service dog. 3. PENALTY FOR LATE PAYMENT: A penalty in the amount of $25.00 shall be added to the license fee for: A. Any existing license for which the licensing period of one year has elapsed. The penalty shall be added to the license fee starting on the first day that the license is considered expired and has not been renewed. B. Any new license that is not paid within thirty (30) days of the invoice notice. / / / / / / 4. EFFECTIVE DATE: The annual dog and cat license fees established by Section 1 above shall be effective commencing July 1, 2007. 5. Resolution No. 2005-R006 is hereby rescinded. 6. Except as otherwise provided herein, this Resolution shall become effective immediately upon its adoption. 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 APPROVED and ADOPTED this day of , 2007. ________________________________ ALAN CORLIN, MAYOR City of Culver City, California ATTEST: APPROVED AS TO FORM: __________________________ ______________________________ CHRISTOPHER ARMENTA, CAROL A. SCHWAB, City Clerk City Attorney 4