HomeMy WebLinkAboutCC AG PKT 2013-12-09 #LTO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Quinn M. Barrow, City Attorney
SUBJECT: ORDINANCE AMENDING THE MUNICIPAL CODE TO
ALLOW THE KEEPING OF PIGS WITH A NOW
DOMESTIC ANIMAL PE12MIT
It is requested that the City Council consider introducing proposed Ordinance
No. 1635, which would amend Section 7.05.120 of the Municipal Code to allow
the keeping of pigs with a non-domestic animal permit.
On November 12, 2013, the City Council directed the City Attorney to prepare an
ordinance to amend the Municipal Code so that persons wanting to keep pigs
could do so with a permit.
The Code currently allows the keeping of non-domestic animals with the approval
of a non-domestic animal permit. "Non-domestic animals" for these purposes are
animals "of a species that has not been domesticated so as to live and breed in a
tame condition." The Code further states that the term includes wolf/dog hybrids.
Non-domestic animal permits are issued by the animal control officer, who may
approve, conditionally approve or deny an application. Grounds for denial are
the following:
1 Adequate provision has not been made for the restraint, care and feeding
of the animal.
2. Keeping the animal is not necessary for educational or research purposes.
3. Keeping the animal will be detrimental to the public health, safety or
welfare.
The animal control officer can also revoke a non-domestic animal permit
iollowing a noticed hearing if the permittee violates any conditions of the permit
Agenda
or Chapter 7.05 of the Code, or if the animal poses a threat to the public health,
safety or welfare.
Pigs are not "non-domestic animals" for purposes of the Municipal Code because
they have been domesticated so as to live and breed in a tame condition. As a
result, pigs are not currently eligible for a non-domestic animal permit.
The proposed ordinance would amend the Municipal Code, to expressly allow
the keeping of pigs with the approval of a non-domestic animal permit by adding
a new paragraph to Section 7.05.120 to read as follows:
B. Notwithstanding this Section, a person may keep a pig of
any size, kind, or sex if that person first obtains a non-domestic
animal permit pursuant to Section 7.05.030 of Chapter 7.05. All
permitting requirements, conditions, and procedures applicable to
the non-domestic animal permit shall also apply to a non-domestic
animal permit for the keeping of a pig.
Other Animals.
Staff has also considered whether this language should be revised to expand the
range of animals that can be kept with a non-domestic animal permit. If the City
Council wants to consider such permits for other animals, it should provide staff
direction.
ENVIRONMENTAL IMPACT:
This proposed ordinance is exempt from review under the California
Environmental Quality Act (California Public Resources Code § 21000, of seq.,
"CEQA") and CEQA regulations (14 California Code of Regulations § 15000, et
seq.). Pursuant to Section 15061(b)(3) of the CEQA Guidelines, it can therefore
be seen with certainty that there is no possibility that the ordinance may have a
significant effect on the environment.
LEGAL ANALYSIS:
The City Attorney has reviewed the draft ordinance and approved it as to form.
FINANCIAL IMPACT:
There is no financial impact to the City as a result of this proposed action.
RECOMMENDATION:
It is recommended that the City Council introduce the proposed ordinance and
direct staff to schedule a second reading of the same.
I
Quinn M. Barrow
City Attorney
Attachments:
WILOWNIMIT-3,21
Page 3
ON Le
10 : 157-13
ORDINANCE NUMBER 1635
AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING
THE SEAL BEACH MUNICIPAL CODE TO ALLOW THE
KEEPING OF PIGS WITH A NON - DOMESTIC ANIMAL PERMIT
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS
FOLLOWS:
Section 1. Section 7.05.120 of the Seal Beach Municipal Code is hereby
amended by adding thereto Section B to read as follows:
"B. Notwithstanding this Section, a person may keep a pig of
any size, kind, or sex if that person first obtains a non - domestic
animal permit pursuant to Section 7.05.030 of Chapter 7.05. All
permitting requirements, conditions, and procedures applicable to
the non - domestic animal permit shall also apply to a non - domestic
animal permit for the keeping of a pig."
Section 2. The City Clerk is hereby directed to designate the first paragraph of
existing Section 7.05.120 as subsection "A."
Section 3. The City Clerk shall certify to the passage and adoption of this
Ordinance and shall cause the same or a summary thereof to be published and
posted in the manner required by law.
PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a
regular meeting held on the day of 12013.
Mayor
ATTEST:
City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Linda Devine, City Clerk of the City of Seal Beach, do hereby certify that the
foregoing Ordinance was introduced for first reading at a regular meeting held on
the 9th day of December , 2013 and was passed, approved and adopted by
the City Council at a regular meeting held on the day of , 2013 by
the following vote:
AYES: Council Members:
NOES: Council Members:
ABSENT: Council Members:
ABSTAIN: Council Members:
And do hereby further certify that Ordinance Number 1635 has been published
pursuant to the Seal Beach City Charter and Resolution Number 2836.
City Clerk