HomeMy WebLinkAboutOrd 2012-3234ORDINANCE NO. 3234
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
TITLE 6, ANIMALS, OF THE MUNICIPAL CODE AND
ADDING NEW SECTIONS 6.30.040 PET HOUSING
REQUIREMENTS FOR PET SELLERS, AND 6.33.030 STAFF
ASSISTANCE
WHEREAS, the City of Chula Vista Animal Care Facility (CVACF) is responsible for
animal care and animal control services in the City of Chula Vista; and
WHEREAS, on February 28, 2012, the Chula Vista City Council approved substantial
updates to Title 6, Animals, to improve the save rate of impounded cats and dogs and to update
this portion of the Municipal Code; and
WHEREAS, at the direction of the City Council, staff continued work on re-defining a
cattery, clarifying a reference to wild birds, and developing pet housing requirements for pet
sellers; and
WHEREAS, staff worked on these three topics with stakeholders involved in the
February 28, 2012 ordinance update; and
WHEREAS, a working draft of the proposed amendments was provided to stakeholders
for review and comment by phone, email or discussion at a meeting held on August 23, 2012;
and
WHEREAS, at a special meeting on September 11, 2012, the City Council of the City of
Chula Vista discussed the proposed amendments, considered staff's report and correspondence
from the American Kennel Club, and approved the proposed amendments with minor changes,
which are reflected herein.
NOW, THEREFORE, BE IT RESOLVED with the above-recitations incorporated
herein, the City Council of the City of Chula Vista does ordain as follows:
Section I. That Chula Vista Municipal Code Section 6.01.010 is amended to read as
follows:
J. "Cattery" means a place kept for the purpose of the boarding, breeding, raising, selling or
exchanging of cats and which keeps or maintains eleven (11) or more cats at least six (6) months
of age or older; and
Secondly, that Chula Vista Municipal Code Section 6.04.070 is amended to read as
follows:
6.04.070 Wild animals prohibited -Hawks and falcons excepted when -Other exceptions.
Ordinance No. 3234
Page No. 2
No person shall possess or maintain within the jurisdiction of the ordinance codified in
this section any animal which is not normally domesticated in the United States, including, but
not limited to, any lion, tiger, bear, nonhuman primate (monkey, chimpanzee, etc.), wolf, cougaz,
ocelot, wildcat, skunk, venomous reptile, ratites including ostriches, emus and rheas, rodents
attaining an adult weight of over 10 pounds, or any crocodilian (order Crocodilia), irrespective of
its actual or asserted state of docility, tameness or domesticity. Such an animal shall be referred
to as a "wild animal." In addition, the owner of any boa or python species (family Boidae)
attaining an adult weight of over 15 pounds or an overall length of over three and one-half feet,
and the owner of any monitor lizazd species (family Vazanidae) that attains an adult weight of
over 10 pounds or an adult overall length over three feet, shall keep these animals in cages or
enclosures of such size and construction as to preclude the possibility of escape and at the same
time permit the animals reasonable freedom of movement. If these animals aze maintained in
such a manner, and the owner complies with all federal, state and local laws or regulations
affecting such animals, it will not be considered a "wild animal" subject to this section.
However, any failure to maintain a boa, python or monitor lizazd species in the above manner
could subject the owner to a dangerous animal abatement proceeding as authorized by this
chapter.
The sale, possession for sale, importation or breeding of a wild animal is absolutely
prohibited. This section does not apply to birds, small rodents or nonvenomous reptiles
commonly used for educational or experimental purposes or for pets.
This section shall not apply to legally operated zoos or circuses or to recognized
institutions of learning or scientific reseazch unless the City Manager or his or her designee gives
48 hours' advance notice that, by reason of inadequate caging or other means of protection of the
public from such animals, or by the ineffectiveness of sanitation measures, or by a particular
hazazd connected with the animal or animals involved, the public health and welfare will be
endangered. It is further provided that certain raptorial birds or birds of prey, such as hawks and
falcons, may be maintained in the City by licensed falconers, who may acquire a qualified
ownership of such birds of prey for the practice of falconry by complying with Fish and Game
Commission rules and regulations.
Next, that Section 6.30.40 is added to Chapter 6.30, Animal Sales:
Chapter 6.30.040 Pet housing requirements for pet sellers.
Pet sellers who house dogs and cats in the City of Chula Vista must comply with the
following:
A. The facility shall have adequate quantities of food and supplies, adequate refrigeration
to protect perishable food, and adequate storage facilities to keep food and supplies dry, clean
and uncontaminated; and
B. The operator shall maintain the entire facility in a clean and sanitary condition at all
times; and
C. The operator shall provide each animal housed in the facility with food that is
uncontaminated, wholesome and of sufficient quantity and nutritive value to meet the normal
daily requirements for the condition and size of the animal. The food shall be provided in clean
and sanitary receptacles and accessible to each animal and located to minimize contamination by
excreta; and
Ordinance No. 3234
Page No. 3
D. The operator shall provide each animal with potable water in clean and sanitary
receptacles available to the animal at all times, unless a licensed veterinarian has restricted an
animal's water intake. The water receptacle shall be such that it cannot be tipped over; and
E. The facility shall protect each animal housed in the facility from the elements,
including sun, heat, cold, wind, dampness, rain and snow and shall maintain environmental
conditions for each animal that aze appropriate for that animal; and
F. The facility shall provide adequate fresh air ventilation for the health and comfort of
each animal in a manner that minimizes drafts, odors and moisture condensation; and
G. The operator shall provide a receptacle for cats containing sufficient clean litter in an
enclosure to contain excreta based upon the number of cats in the enclosure; and
H. Any primazy enclosure or kennel house of the facility shall meet the minimum space
requirements in Table 6.08.103; and
I. Animals will be vaccinated with core vaccines as recommended by their veterinarian
and vaccination records shall be kept; and
J. All animals shall be microchipped prior to delivery to the buyer; and
K. Pet seller facilities are subject to inspection by City staff at the direction of the City of
Chula Vista Animal Caze Facility Manager based on complaints.
Lastly, that Section 6.33.030 is added to Chapter 6.33, Generally:
Chapter 6.33.030 Staff Assistance
Should a question or dispute azise over interpretation and/or application of any provision
or clause of this title, the question or dispute may be brought to the Animal Care Facility
Manager and/or the City Manager for discussion and resolution.
Section II. Severability
If any portion of this Ordinance, or its application to any person or circumstance, is for
any reason held to be invalid, unenforceable or unconstitutional, by a court of competent
jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or
unconstitutionality shall not affect the validity or enforceability of the remaining portions of the
Ordinance, or its application to any other person or circumstance. The City Council of the City of
Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase
of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses
or phrases of the Ordinance be declazed invalid, unenforceable or unconstitutional.
Section III. Construction
The City Council of the City of Chula Vista intends this Ordinance to supplement, not to
duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in
light of that intent.
Section IV. Effective Date
This Ordinance shall take effect and be in force on the thirtieth day after its final passage.
Ordinance No. 3234
Page No. 4
Section V. Publication
The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause
the same to be published or posted according to law.
Presented by Approved as to form by
_~-,r~ ~1
Scott Tulloch Glen R. oogin~~
Assistant City Manager t At ey
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 25th day of September 2012, by the following vote:
AYES: Councilmembers: Aguilar, Bensoussan, Ramirez and Cox
NAYS: Councilmembers: Castaneda
ABSENT: Councilmembers: None
Cheryl Cox, Ma~lpr
AT,ITEST: ~ ~V/
Donna R. Norris, CMC, City Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Ordinance No. 3234 had its first reading at a special meeting held on the 11th day of September
2012 and its second reading and adoption at a regular meeting of said City Council held on the
25th day of September 2012; and was duly published in summary form in accordance with the
requirements of state law and the City Charter.
~~ ~~~
Dated Donna R. Norris, CMC, City Clerk