HomeMy WebLinkAboutOrdinance 1959 (Animal Control)CLERK'S CERTIFICATE
I, LINDSAY LARA, City Clerk of the City of San Rafael, and Ex-Officio Clerk of
the Council of said City, do hereby certify that the foregoing
ORDINANCE NO. 1959
AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING CHAPTER 6.10 OF
THE SAN RAFAEL MUNICIPAL CODE ENTITLED IIANIMALS II TO ADOPT BY
REFERENCE THE ANIMAL CONTROL REGULATIONS SET FORTH IN TITLE 8 OF
THE MARIN COUNTY CODE, AS RECENTLY AMENDED, AND TO AMEND
SECTION 6.10.50 OF THE SAN RAFAEL MUNICIPAL CODE PRESCRIBING THE
APPLICABLE PENALTIES FOR VIOLATION OF ANIMAL CONTROL REGULATIONS
is a true and correct copy of an Ordinance of said City, and was introduced at a
REGULAR meeting of the City Council of the City of San Rafael, held on the 21 st day of
May 2018; a SUMMARY of Ordinance No. 1959 was published as required by City
Charter in the MARIN INDEPENDENT JOURNAL, a newspaper published in the City of
San Rafael, and passed and adopted as an Ordinance of said City at a REGULAR
meeting of the City Council of said City, held on the 4th day of June 2018, by the
following vote, to wit:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS: Bushey, Colin, Gamblin, McCullough & Mayor Phillips
COUNCILMEMBERS: None
COUNCILMEMBERS: None
WITNESS my hand and the official
Seal of the City of San Rafael this
6th day of June 2018
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LINDSAY LARA
City Clerk
ORDINANCE NO. 1959
AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING CHAPTER 6.10 OF THE SAN
RAFAEL MUNICIPAL CODE ENTITLED "ANIMALS" TO ADOPT BY REFERENCE THE
ANIMAL CONTROL REGULATIONS SET FORTH IN TITLE 8 OF THE MARIN COUNTY
CODE, AS RECENTLY AMENDED, AND TO AMEND SECTION 6.10.50 OF THE SAN
RAFAEL MUNICIPAL CODE PRESCRIBING THE APPLICABLE PENALTIES FOR
VIOLATION OF ANIMAL CONTROL REGULATIONS
WHEREAS, on May 22, 1979, the City of San Rafael entered into a joint powers
agreement with the County of Marin to provide animal control services in the City of San Rafael;
and
WHEREAS, per the terms of the joint powers agreement between the City of San Rafael
and the County of Marin, the City of San Rafael is required to adopt an ordinance identical with
the provisions of the Marin County Animal Control Ordinance set forth in Title 8, Chapters 8.04,
8.08, and 8.12 of the Marin County Code; and
WHEREAS, per the terms of the joint powers agreement between the City of San Rafael
and the County of Marin, the City of San Rafael is also required to enact amendments to its
ordinance relating to animal control regulations that are identical to the amendments to the
County of Marin's Animal Control Ordinance set forth in Title 8, Chapters 8.04, 8.08, and 8.12 of
the Marin County Code; and
WHEREAS, at their regularly scheduled meeting on April 10, 2018, the County of Marin
Board of Supervisors adopted Ordinance No. 3687, entitled "Ordinance of the Marin County
Board of Supervisors Amending Animal Control Ordinance, Chapter 8.04 of Title 8"; and
WHEREAS, the City of San Rafael wishes to comply with the provisions set forth in the
joint powers agreement between the City of San Rafael and the County of Marin by adopting the
amendments to the County of Marin's Animal Control Ordinance, which were adopted by the
County of Marin Board of Supervisors at their regularly scheduled meeting on April 10, 2018.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES HEREBY
ORDAIN AS FOLLOWS:
DIVISION 1:
Chapter 6.10 of the San Rafael Municipal Code is hereby amended to read as follows:
6.10.010 -Adoption of County Code.
The Marin County animal control regulations set forth in Title 8 of the Marin County Code as
Chapters 8.04,8.08, and 8.12, including amendments thereto, are hereby adopted by reference
and shall be in full force and effect within the City of San Rafael and enforced by the San Rafael
Police Department or its designee.
6.10.030 -Leashing of dogs required.
No owner or keeper of a dog shall allow or permit such dog, whether licensed or unlicensed, to be
or run at large in or upon any public place or premises, or in or upon any private place or premises
other than those of the owner or keeper except with the consent of the person in charge of said
Ofil ·GINAL
private place or premises, unless such dog is securely restrained by a substantial leash of
reasonable length. The dog or dogs shall be under the control of a responsible person at all times.
6.10.040 -Dogs prohibited at Downtown Farmer's Market Festival and other similar special
public events.
No owner or keeper of a dog shall allow or permit such dog, whether leashed or unleashed, to be
in any public street or other public place that has been designated, by action of the City Council,
as the location of special public events, such as the Downtown Farmer's Market Festival, the
Italian Street Painting Festival, or similar festivals, celebrations or events, during the designated
period of operation of such festivals, celebrations or events; provided, that this prohibition shall not
apply to a person with disabilities requiring the use of a guide dog, signal dog or service dog to
obtain equal access to such an event; and provided, that this prohibition shall not be effective
unless appropriate signs giving notice of such prohibition are posted at sufficient points around the
event to give reasonable notice of such prohibition to the public.
6.10.050 -Penalty for violations.
(A) Except as provided in subsection (8) below, any person violating, within the city of San Rafael,
any provision of the Marin County Animal Control Code, set forth in Title 8, Chapter 8.04, 8.08,
8.12 of the Marin County Code including Sections 8.04.180, 8.04.181, 8.04.182, 8.04.185,
8.04.200, 8.04.225, 8.04.226, 8.04.230, 8.04.240, 8.04.245, 8.04.250,
8.04.252, 8.08.010 , 8.08.020 , 8.12.010 and 8 .12.020, as adopted in this chapter by reference, is
guilty of a misdemeanor, subject to the penalties as provided in Section 1.42.010 of this code.
(8) Any person violating, within the city of San Rafael, Section 8.04.179 of the Marin County Code,
as adopted in this chapter by reference, is guilty of an infraction for the first offense, and is guilty of
a misdemeanor for a second and any subsequent offense within a one-year period, subject to the
penalties as provided in Section 1.42.010 of this code.
(C) Any person violating any other provision of this chapter, within the city of San Rafael,
including Section 6.10.030 and 6.10.040 set forth above, is guilty of an infraction, subject to the
penalties provided in Section 1.42.010 of this code.
(D) In addition to the enforcement provisions set forth in Title 8, Chapter 8.04, 8.08, 8.12 of the
Marin County Code, a violation of the provisions of this chapter is subject to enforcement by the
provisions of Title 1 (General Provisions), Chapters 1.40, 1.42, 1.44 and 1.46 of this code.
DIVISION 2:
This Ordinance is exempt from the California Environmental Quality Act ("CEQA")
pursuant to the State CEQA Guidelines, since it can be seen with certainty that there is no
possibility that this Ordinance or its implementation would have a significant effect on the
environment (14 Cal. Code Regs. Section 15061 (b)(3)).
DIVISION 3:
If any section, subsection, sentence, clause, or phrase of this Ordinance is for any
reason held to be invalid, such decision shall not affect the validity of the remaining portions of
this Ordinance. The City Council hereby declares that it would have adopted the Ordinance and
each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any
one or more sections, subsections, sentences, clauses, or phrases be declared invalid.
DIVISION 4:
A summary of this Ordinance shall be published and a certified copy of the full text of
this Ordinance shall be posted in the office of the City Clerk at least five (5) days prior to the City
Council meeting at which it is adopted.
This Ordinance shall be in full force and effect thirty (30) days after its final passage, and
the summary of this Ordinance shall be published within fifteen (15) days after the adoption,
together with the names of the Councilmembers voting for or against same, in the Marin
Independent Journal, a newspaper of general circulation published and circulated in the City of
San Rafael, County of Marin, State of California.
Within fifteen (15) days after adoption, the City Clerk shall also post in the office of the
City Clerk, a certified copy of the full text of this Ordinance along with the names of those
Council members voting for and against the Ordinance.
ATTEST:
1L(:?;f~
LINDSAY LARA, City Clerk
The foregoing Ordinance No. 1959 was read and introduced at a regular meeting of the City
Council of the City of San Rafael on Monday, May 21, 2018, and was ordered passed to print by
the following vote, to wit:
AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips
NOES: Councilmembers: None
ABSENT: Councilmembers: None
And will come up for adoption as an Ordinance of the City of San Rafael at a Regular Meeting of
the Council to be held on the 4th day of June 2018.
LINDSAY LARA, City Clerk