The URL can be used to link to this page

Home My WebLink AboutOrdinance 1865 (Animal Control Regulation Violations)CLERK'S CERTIFICATE I, ESTHER C. BEIRNE, 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. 1865 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 Februarv, 2008, 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 19th day of Februarv, 2008, by the following vote, to wit: AYES NOES ABSENT COUNCILMEMBERS: Brockbank, Connolly, Miller and Mayor Boro COUNCILMEMBERS: None COUNCILMEMBERS: Heller WITNESS my hand and the official seal of the City of San Rafael this 21 st day of February, 2008 ,5-sftz�� e . 1-21"x,,4 . ESTHER C. BEIRNE City Clerk ORDINANCE NO. 1865 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: Section 6.10.010 of the San Rafael Municipal Code is hereby amended to read as follows: Section 6.10.010 -- Adoption of County Code. (A) 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. 3476, 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 8.04.179 of the Marin County Animal Control Code ("Prohibition of habitual animal noise which disturbs the peace") is amended as follows: (a) "Chief of Police or the Chief of Police's designee" is substituted for "Sheriff' or "sheriff' where the latter terms appear in Subsections (c), (d) and (e) of Section 8.04.179. (b) Subsection (b) is amended to read: "(b) It is unlawful for any person to keep or permit to remain on any premises, an animal which disturbs the peace of any person in the manner set forth in subsection (a) of this section. An animal care facility regulated by a use permit issued under the provisions of Title 14 of the San Rafael Municipal Code shall not be subject to the provisions of this section." (c) Subsection (f) is amended to read: "(f) Such repeated acts by an owner/guardian of allowing an animal to disturb the peace, as described in subsection (a) and subject to the limitations set forth in subsections (b), (c), and (d), shall constitute a public nuisance in the same manner as those matters set forth under the definition of public nuisance in San Rafael Municipal Code Section 1.08.020. Persons responsible for such disturbances may he held liable for civil penalties as provided in San Rafael Municipal Code Sections 1.42.020(B) and 1.46.100." (2) Section 8.04.183 of the Marin County Animal Control Code ("Definition of Wild and/or Undomesticated Animal") and Subsection (a) of Section 8.04.184 of the Marin County Animal Control Code ("Remedial Measures") are amended to substitute "the City of San Rafael" for "Marin County." (3) Section 8.04.185 of the Marin County Animal Control Code ("Limitation on number of dogs") is amended to read: "Except as provided in Sections 8.04.240 and 8.04.245 of Chapter 8.04 of the Marin County Code, and except as provided in Sections 14.04.020, 14.05.020, 14.05.022, and 14.17.020 of the San Rafael Municipal Code, it is unlawful for any person to keep or harbor more than three (3) dogs which are over the age of four (4) months on any lot, premises, dwelling, building, structure, boat or living accommodation." (4) The following sections and subsections of the Marin County Animal Control Code are deleted: Section 8.04.160 ("Dogs running in certain public areas"), Section 8.04.170 ("Dogs running on certain private lands"), Subsection (c) of Section 8.04.184 ("Remedial Measures"), Section 8.04.246 ("Ranch dog permittees"), Section 8.04.260 ("Penalty for violation"), Section 8.08.030 ("Penalty for violations"), and Section 8.12.030 ("Penalty for violation") 2 (5) Section 8.04.200 of the Marin County Animal Control Code ("Biting animals to be reported") is amended to substitute the phrase "subject to the penalties as provided in Section 6.10.050" for "treated as infractions." (6) Section 8.04.225 of the Marin County Animal Control Code ("Prohibition of big cats in residential areas") is amended to substitute "in the City of San Rafael pursuant to Chapter 14.04 of the San Rafael Municipal Code" for "pursuant to Title 22 of the Marin County Code in Marin County." (7) The phrase "Resolution of the City Council" is substituted for the phrase "by separate Ordinance of the Board of Supervisors" wherever the latter phrase appears in the Marin County Animal Control Code, including Sections 8.04.060, 8.04.070, 8.04.080, 8.04.150, 8.04.179, 8.04.181, 8.04.195, 8.04.220, and 8.04.240. (8) Section 8.12.010 of the Marin County Animal Control Code ("Permitting dogs to run deer") is amended to read: "It is unlawful for the owner/guardian or person having control of any dog to suffer or permit the same to hunt, chase, course or kill deer in the City of San Rafael." (9) Section 8.12.020 of the Marin County Animal Control Code ("Allowing certain dogs to run deer") is amended to read: "It is unlawful for the owner/guardian or person having control of any dog accustomed to or having the propensity to hunt, chase, course or kill deer to suffer or permit the same to go or run at large in the City of San Rafael." (B) 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 3 of the adopted Marin Code Animal Control Code and the remedies contained therein shall be 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) Except as provided in Subsection (B) below, any person violating, within the City of San Rafael, any provision of the Marin County Animal Control 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. (B) 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 set forth above, is guilty of an infraction, subject to the penalties provided in Section 1.42.010 of this Code. 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 12 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. r v ALBERT J. B O, ayor I ATTEST: , l�S 6C,— X :-- . Rxe rJr11A ESTHER C. BEIRNE, City Clerk The foregoing Ordinance No. 1865 was read and introduced at a Regular Meeting of the City Council of the City of San Rafael, held on the 4th day of February, 2008, and ordered passed to print by the following vote to wit: AYES: Councilmembers: Brockbank, Connolly, Heller, Miller & 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 19`h day of February, 2008. ESTHER C. BEIRNE, City Clerk 5