ITEM 8-B
City Council Meeting 11-9-93 Santa Monica, California
STAFF REPORT
TO: Mayor and City Council
FROM: City Attorney
SUBJECT: Ordinance Amending the City's Animal Control Laws
At its meeting on October 26, 1993, the City Council
introduced for first reading an ordinance amending the City's
Animal Control laws permitting leashed dogs in a park, specifying
the length of leashes for dogs, increasing the fine for failure
to abate a nuisance by a dog and permitting the designation of
off-leash areas in public parks for dogs. The ordinance is now
presented to the City Council for adoption.
RECOMMENDATION
It is respectfully recommended that the accompanying
ordinance be adopted.
PREPARED BY: Joseph Lawrence, Acting City Attorney
ORDINANCE NUMBER ____
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING THE CITY'S ANIMAL CONTROL
LAWS PERMITTING LEASHED DOGS IN A PARK,
SPECIFYING THE LENGTH OF LEASHES FOR DOGS,
INCREASING THE FINE FOR FAILURE TO ABATE
A NUISANCE BY A DOG AND PERMITTING
THE DESIGNATION OF OFF-LEASH AREAS
IN PUBLIC PARKS FOR DOGS
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES ORDAIN AS FOLLOWS:
SECTION 1. Section 4.04.150 of the Santa Monica Municipal
Code is amended to read as follows:
Section 4.04.150. Animals at large.
No person having control, charge or
custody of any fowl, dog or other animal,
shall permit the same to stray, or run, or be
at large, in or upon any public street, or
other public place within the City and such
fowl, dog or other animal found at large in
any such place shall be impounded as herein
provided. Dogs, which are properly licensed
and tagged for the current calendar year, may
be permitted on any public street, public park
or other public place within the City not
specifically prohibited in Section 4.04.160
hereof, if the dog is in the custody and
control of a competent person and restrained
by a chain or leash of a fixed length of six
(6) feet or less in length, attached to a
collar or harness; or if confined within an
automobile; or on any duly designated off-
leash public park area, if the dog is duly
licensed and tagged by the City of Santa
Monica for the current calendar year, and if
the dog is in the custody and control of a
competent person. Any person violating this
Section shall be guilty of an infraction,
which shall be punishable by a fine not
exceeding Seventy-Five ($75.00) Dollars per
violation. Each such person shall be guilty
of a separate offense for each and every day
during any portion of which any violation of
this Section is committed, continued or
permitted by such person and shall be punished
accordingly.
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 2. Section 4.04.160 of the Santa Monica Municipal
Code is amended to read as follows:
Section 4.04.160. Dogs - Restricted Areas.
Except as permitted by this Chapter, no
person having control, charge or custody of
any dog shall permit the same to go upon any
school ground, recreational area or
playground, or public park, including, but not
limited to park buildings, tot lots, playing
fields, tennis courts, basketball courts and
other game courts, or upon the beach sands
lying westerly of that street, commonly known
as The Promenade or upon the beach sands lying
northerly of the westerly prolongation of the
center line of California Avenue. Any person
violating this Section shall be guilty of an
infraction, which shall be punishable by a
fine not exceeding Seventy-Five ($75.00)
Dollars per violation. Each such person shall
be guilty of a separate offense for each and
every day during any portion of which any
violation of this Section is committed,
continued, or permitted by such person and
shall be punished accordingly. In addition,
any such dog found in any such prohibited
place may be impounded as herein provided.
In addition to the penalties hereinabove
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.
The provisions of this Section shall not
apply:
(1) To dogs which are being used by
disabled persons as guide or service dogs,
while such dogs are being used for such
purposes.
(2) 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 the posted rules
governing the use of the designated area.
SECTION 3. Section 4.04.370 of the Santa Monica Municipal
Code is amended to read as follows:
Section 4.04.370. Dogs to be controlled so as
not to commit nuisances.
No person having the right and ability to
prevent the same, shall knowingly, carelessly,
or negligently permit any dog to commit any
nuisance 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. Any person violating this
Section shall be guilty of an infraction,
which shall be punishable by a fine not
exceeding Two Hundred ($200.00) Dollars per
violation.
SECTION 4. Section 4.04.380 of the Santa Monica Municipal
Code is amended to read as follows:
Section 4.04.380. Nuisance defined.
As used in Section 4.04.370, "nuisance"
means depositing of fecal matter by any dog
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 the same being removed
immediately by the owner or person having
control of said dog.
SECTION 5. Section 4.04.385 is added to the Santa Monica
Municipal Code to read as follows:
Section 4.04.385. Material to remove dog
feces.
No person shall walk, or otherwise have
in his or her custody or control, any dog upon
any public property, including streets,
sidewalks, public parks, parkways and alleys,
unless the person has in his or her
possession, and in plain view, readily usable
materials or implements sufficient to remove
and to dispose of lawfully any fecal matter
that may be deposited on the ground by the
dog. Any person violating this Section shall
be guilty of an infraction, which shall be
punishable by a fine not exceeding Two Hundred
($200.00) Dollars per violation.
SECTION 6. 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,
are hereby repealed or modified to that extent necessary to effect
the provisions of this Ordinance.
SECTION 7. 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 8. 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 newspaper
within 15 days after its adoption. This Ordinance shall become
effective after 30 days from its adoption.
APPROVED AS TO FORM:
______________________________
JOSEPH LAWRENCE
Acting City Attorney