DATE: June 9, 2020
TO: Board of Supervisors
SUBMITTED BY: David Pomaville, Director, Department of Public Health
SUBJECT: First Hearing of Proposed Amendment to the Fresno County Ordinance Code, Title 9 - Animals
RECOMMENDED ACTION(S):
TITLE
1. Conduct first hearing to amend Fresno County Ordinance Code, Title 9 - Animals by adding sections 9.04.270, 9.04.275 to Chapter 9.04 - Dog Licensing and Control; revising section 9.04.055 and revising or updating terminology in various sections within Chapter 9.04; revising Chapter 9.12 - Estray-Impoundment, Section 9.12.030; and waive reading of the ordinance in its entirety and set the second hearing for June 23, 2020.
2. Designate County Counsel to prepare a fair and adequate summary of the proposed ordinance; and
3. Direct the Clerk of the Board to post and publish in accordance with Government Code, Section 25124(b)(1).
REPORT
The proposed amendments will revise and/or update terminology to provide further clarification, bringing the ordinance code into compliance with California law regarding the humane and proper care of animals. The recommended actions would result in the first hearing of the ordinance and set a second hearing for June 23, 2020. This item is countywide.
ALTERNATIVE ACTION(S):
Should your Board choose not to amend the above-listed Chapters in Title 9 - Animals and the animal control enforcement procedures for the County will remain unchanged; however, the above-listed Chapters in Title 9 - Animals will continue to lack clarity or be out of compliance with California law.
FISCAL IMPACT:
There is no increase in Net County Cost with the recommended actions. Fines resulting from ordinance violations will be used to fund the animal control program.
DISCUSSION:
The recommended amendments to the Fresno County Ordinance Code, summarized on Exhibit A, add sections 9.04.270 Running at large-Spaying and Neutering Prior to Redemption, and 9.04.275 - Running at large - Microchip Identification required Prior to Redemption. In addition, Section 9.04.055 - Unlawful conduct in the care of animals, cruelty, is retitled and updated. Various sections within Chapters 9.04 - Dog Licensing and Control and 9.12-Estray-Impoundment would be revised and/or updated. Section 9.04.500 -Violation-Misdemeanor is deleted.
The sections recommended for addition include the following (summarized):
9.04.270 - Running at large - Spaying and Neutering Prior to Redemption which amends the Ordinance to require mandatory spaying or neutering of any unlicensed unaltered impounded dog unless medically waived by a licensed veterinarian.
9.04.275 - Running at large - Microchip Identification required Prior to Redemption which requires a microchip implanted in dogs three months or older upon arrival at the county animal shelter.
The sections recommended for amendment include but are not limited to:
9.04.050 - Kennel license-amends language to require a kennel license in lieu of individual licensing for four or more dogs kept for breeding, boarding, training or other commercial purposes.
9.04.055 - Unlawful conduct in the care of animals, cruelty-retitled Authority of Animal Control Officers and amends the language allowing Environmental Health and District Attorney staff a broader range of enforcement options.
9.12.030 - Taking up - Care - Disposition - amends the language to authorize individuals who are properly equipped to capture and transport Livestock that are running at large.
9.04.500 - Violation - Misdemeanor is deleted.
The Department also recommended the addition of a chapter regarding rooster keeping that limited the number of roosters to five or less unless approved in writing by the Fresno County Agricultural Commissioner, prohibited tethering of a rooster to an object, and related violations and penalties.
The Department has posted the recommended ordinance amendments to its website, sent proposed revisions to all animal control agencies in Fresno County, and held a public meeting October 10, 2019, to hear public comments and concerns. The Department received three phone calls and one email prior to the public meeting. The comments and concerns from attendees were:
1. Clarification requested regarding the purpose of amending some misdemeanor violations to infractions.
2. Concern that dog owners, upon reclaiming their dog and finding the dog has been spayed or neutered per Section 9.04.270, will choose not to reclaim the dog.
3. A question regarding enforcement and licensing of dogs in possible hoarding situations.
4. A comment from a citizen opposed to tethering of roosters.
Subsequent to this public forum, a meeting was held on October 30, 2019 at the Department to address numerous questions and concerns specific to the proposed chapter regarding rooster keeping. This proposed chapter was removed from consideration pending further study.
A second public forum was held on February 6, 2020 to hear any additional public comments and concerns subsequent to the removal of the proposed rooster keeping ordinance. One attendee asked if a current provision for mandatory spay and neuter programs is included in any city ordinance codes. Currently four cities (Clovis, Coalinga, Fresno, and Kingsburg) in Fresno County have mandatory spay and neuter requirements.
With your Board’s approval, the second hearing will be held June 23, 2020 and if approved will take effect 30 days after.
ATTACHMENTS INCLUDED AND/OR ON FILE:
Animal Control Ordinance
Animal Control Ordinance - Red-Lined
On file with Clerk - Ordinance Summary
CAO ANALYST:
Raul Guerra