HomeMy WebLinkAboutOrdinance 1809 (Animal Control Regulations)CLERK'S CERTIFICATE
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, and Ex -officio Clerk of the
Council of said City, do hereby certify that the foregoing Charter Ordinance No. 1809 entitled:
"AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING SAN
RAFAEL MUNICIPAL CODE SECTION 6.10.010 TO ADOPT BY
REFERENCE, WITH APPROPRIATE MODIFICATIONS, THE ANIMAL
CONTROL REGULATIONS CONTAINED IN TITLE 8 OF THE MARIN
COUNTY CODE AS RECENTLY AMENDED, AND SECTION 6.10.050
PRESCRIBING THE APPLICABLE PENALTIES FOR ANIMAL
CONTROL REGULATION VIOLATIONS"
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 4th day of August, 2003,
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 18th day of August, 2003, by
the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
WITNESS my hand and the official
seal of the City of San Rafael this
21 st day of August, 2003
JEA�%.
EONCINI, City Clerk
ORDINANCE NO. 1809
AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING SAN
RAFAEL MUNICIPAL CODE SECTION 6.10.010 TO ADOPT BY
REFERENCE, WITH APPROPRIATE MODIFICATIONS, THE ANIMAL
CONTROL REGULATIONS CONTAINED IN TITLE 8 OF THE MARIN
COUNTY CODE AS RECENTLY AMENDED, AND SECTION 6.10.050
PRESCRIBING THE APPLICABLE PENALTIES FOR ANIMAL
CONTROL REGULATION VIOLATIONS
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS:
DIVISION 1.
Section 6.10.010 of the San Rafael Municipal Code is hereby amended to read as follows:
Section 6.10.010 -- Adoption of Marin Countv Animal Control Code.
Pursuant to Section 50022.9 of the Government Code, the Marin County Animal Control
Code, set forth in Title 8 of the Marin County Code as Chapters 8.04, 8.08 and 8.12, including all
current amendments thereto, through and including Marin County Ordinance No. 3377, is
adopted by reference, and is in full force and effect within the City of San Rafael, with the
following deletions, modifications, and amendments:
(1) Section 8.04.1200) of the Marin County Animal Control Code ("Animal Services
Agency and its Animal Services Officers -Powers and duties") is amended to substitute "City of
San Rafael" for "County of Marin", and to substitute "City" for "County".
(2) Section 8.04.179 of the Marin County Animal Control Code ("Prohibition of habitual
animal noise which disturbs the peace") is amended to substitute "Chief of Police or the Chief of
Police's designee" for "Sheriff' wherever the latter term appears therein, and subsection (b)
thereof is amended to read in its entirety as follows: "An animal care facility regulated by use
permit under the provisions of Title 14 of the San Rafael Municipal Code shall not be subject to
the provisions of this section." Section 8.04.179 of the Marin County Animal Control Code shall
be in addition to and not exclusive of the provisions of San Rafael Municipal Code Section
8.13.040.
(3) Sections 8.04.183, 8.04.184, 8.12.010, and 8.12.020 of the Marin County Animal
Control Code are amended to substitute "City of San Rafael" for "County of Marin."
(4) The following sections and subsections of the Marin County Animal Control
Code are deleted: Section 8.04.184(c) ("Penalty"), Section 8.04.260 ("Penalty for violation"),
Section 8.08.030 ("Penalty for violations"), and Section 8.12.030 ("Penalty for violation").
(5) Section 8.04.200 of the Marin County Animal Control Code is amended to
substitute the phrase "subject to the penalties as provided in San Rafael Municipal Code Section
6.10.050" for the phrase "treated as infractions".
(6) Section 8.04.225 of the Marin County Animal Control Code is amended to delete
the phrase "pursuant to Title 22 of the Marin County Code in Marin County" at the end of the
section.
(7) The phrase "and approved by Resolution of the City Council" is inserted
following the phrase "by separate ordinance of the Board of Supervisors" wherever the latter
phrase appears in the Marin County Animal Control Code, including Sections 8.04.050,
8.04.060, 8.04.070, 8.040.080, Section 8.04.150, 8.04.179, 8.04.181, 8.04.195, 8.04.220,
8.04.230, 8.04.240, and 8.04.245.
To the extent any provision of the adopted Marin County Animal Control Code conflicts
with any specific provision of the San Rafael Municipal Code as it now exists or as it hereafter
may be amended, such provision of the Marin County Animal Control Code shall be deemed
superseded by the specific provision of the San Rafael Municipal Code. The provisions of the
adopted Marin County Animal Control Code and the remedies contained therein shall be
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cumulative and are not intended to replace any otherwise available remedies provided under the
San Rafael Municipal Code.
DIVISION 2.
Section 6.10.050 of the San Rafael Municipal Code is hereby amended to read as follows:
Section 6.10.050 -- Penalty for Violations.
A. Any person violating within San Rafael any of the provisions of Sections
8.04.180, 8.04.181, 8.04.182, 8.04.225, 8.12.010 and 8.12.020 of the Marin County Animal
Control Code as adopted in this Chapter by reference is guilty of a misdemeanor, and upon
conviction thereof shall be punished by a fine not exceeding five hundred dollars ($500.00), by
imprisonment for a period not exceeding six (6) months, or by both such fine and imprisonment.
B. Any person violating within San Rafael Sections 8.04.179, 8.04.240, and 8.04.245
of the Marin County Animal Control Code as adopted in this Chapter by reference shall be guilty
of an infraction as provided in Section 19.6 of the Penal Code, and upon conviction thereof shall
be punished by a fine not exceeding fifty dollars ($50.00) for the first offense, and by a fine not
exceeding one hundred dollars ($100.00) for a second offense within a one-year period. A
person committing a third and subsequent offense of Sections 8.04.179, 8.04.200, 8.04.240, and
8.04.245 of the Marin County Animal Control Code within a one-year period shall be guilty of a
misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding five
hundred dollars ($500.00), by imprisonment for a period not exceeding six (6) months, or by
both such fine and imprisonment.
C. Any person violating any other provision of this Chapter, including Section
6.10.030 set forth above, and any other provisions of Title 8 of the Marin County Animal Control
Code adopted in this Chapter by reference, is guilty of an infraction as provided in Section 19.6
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of the Penal Code and upon conviction thereof shall be punished by a fine not exceeding fifty
dollars ($50.00) for the first offense, and by a fine not exceeding one hundred dollars ($100.00)
for a second and subsequent offense within a one-year period.
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 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 section, subsection, sentence, clause or phrase be declared invalid.
DIVISION 4:
This ordinance shall be published once in full before its final passage, in a newspaper of
general circulation, published and circulated in the City of San Rafael, and shall be in full force
and effect thirty (30) days after its final passage.
c
BEST J. BO , Mayor
ATTEST:
JEA1,ffiE M. LEONCINI, City Clerk
The foregoing Ordinance No. 1809 was read and introduced at a Regular Meeting of
the City Council of the City of San Rafael, held on the 4th day of August, 2003, and ordered
passed to print by the following vote to wit:
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AYES: Councilmembers: Cohen, Heller, Miller, Phillips and Mayor Boro
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 18th day of August, 2003.
JE�ni
NEM.ONCINI, City Clerk-