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HomeMy WebLinkAbout08/15/2006 B AK ER S FI EL D · Zack' Scrivner, Chair Sue Benham David Couch Staff: Alan ChristenSen MEETING NOTICE LEGISLATIVE AND LITIGATION COMMITTEE of the City Council - City of Bakersfield Tuesday, August 15, 2006 1:00 p.m. City Manager's Conference Room Second Floor- City Hall, Suite 201 1501 Truxtun Avenue, Bakersfield, CA AGENDA 1. ROLL CALL 2. ADOPT JULY 18, 2006 AGENDA SUMMARY REPORT 3. PUBLIC STATEMENTS 4. NEW BUSINESS A. Review and Committee voting recommendation on the League of California Cities' annual resolutions - Christensen B. Review and Committee recommendation on citizen's request for an ordinance to regulate cats - Christensen 5. DEFERRED BUSINESS A. Review and Committee recommendation on Noise Complaints/Cool Parents Ordinance - Gennam B. Review and Committee recommendation on City Annexation Policy - Christensen 6. COMMITTEE COMMENTS 7. ADJOURNMENT B A K E R S F I E L D ~ ~ Zack Scrivner, Chair Staff: Alan Christensen Sue Benham For: Alan Tandy, City Manager David Couch AGENDA SUMMARY REPORT LEGISLATIVE AND LITIGATION COMMITTEE MEETING Tuesday, July 18, 2006 - 1:00 p.m. City Manager's Conference Room, Suite 201 Second Floor - City Hall, 1501 T~uxtun Avenue, Bakersfield, CA · -1. ROLL CALL' Called to Order at 1:00 p.m. Present: Councilmembers Zack Scrivner, Chair; and David Couch Councilmember Sue Benham ardved at 1:20 p.m. 2. ADOPT JUNE 20, 2006 AGENDA SUMMARY REPORT / Adopted as submitted. 3. PUBLIC STATEMENTS 4. NEW BUSINESS A. Committee recommendation on City voting delegate and alternate to the League of California Cities Annual Conference Assistant City Manager Alan Chdstensen explained the League's Annual Conference is scheduled for September 6-8 in San Diego. On Saturday, September 9th, at its Business Meeting the League membership will consider and vote on resolutions that establish League policy. Every year the City Council by resolution designates a voting delegate and an alternate. Committee Member David Couch volunteered to be the delegate and made a motion the Committee forward a recommendation to the Council to designate him (Councilmember David Couch) as the delegate and City Manager Alan Tandy as the alternate delegate. The Committee unanimously approved the motion (Committee Member Sue Benham absent). ="' LEGISLATIVE AND LITIGATION COMMITTEE Page 2 AGENDA SUMMARY REPORT D~AFT Tuesday, July 18, 2006 B. Review and Committee recommendation on cost recovery for Noise Complaints/Cool Parents Ordinance City Attorney Ginny Gennaro reported on a survey of other cities, requested by the Committee, to compare Bakersfield's ordinances covedng responses to loud and unruly events that allow for cost recovery with other cities' ordinances. The comparison survey showed Bakersfield's ordinances and cost recovery program are very good. The survey did show one improvement that could be made. The CitY's ordinance covering loud and unruly events (noise complaints) imposes cost recovery if the Police Department must respond twice within a 12-hour period. The City Attorney recommended changing this section by adding "or two (or four) times within a 30-day period." The Committee was in agreement with adding 'the wording "or twice within a 30-day period." Police Captain Tim Taylor was in agreement with giving the Police the extra tool by adding "or twice within a 30-day period" to the ordinance. In response to a question, the City Attorney explained in order to charge more than actual cost recovery, it would be necessary to go through the Administrative Hearing Process, but the City must provide an appeals process. Even then there is a maximum of $1,500. The police would cite as an infraction or misdemeanor and let the courts handle it using the City's prosecution program to try to get the maximum under State law. Mrs. Nancy Chaffin spoke regarding the County's "Cool Parents Ordinance" and wanted to ensure the City's ordinance provides that parents are cited the first time Police go out on a noise complaint if there is under-aged drinking. Captain Tim Taylor responded if the Police go out on a noise complaint and observe under-aged drinking, under current law the Police can immediately charge the under-aged youths and take them into custody or release them to their parents, and cite those providing liquor to under-aged youths if it is apparent. The Fourth Amendment must still be followed, as you cannot search a house without a warrant. Only the civil noise complaint, would require a second response before action is taken. Dianne Hardisty, The Bakersfield Californian, spoke regarding parents leaving town and their children having a drinking party in the home being included as an offense under the Cool Parents Ordinance. LEGISLATIVE AND LITIGATION COMMITTEE Page 3 AGENDA SUMMARY REPORT Tuesday, July 18, 2006 D AFT Police Captain Tim Taylor responded parents can be cited and fined, but it is difficult to prove the parents had knowledge of the drinking. Committee Member Sue Benham made a motion for staff to prepare a "Cool Parents Ordinance" similar to the County's ordinance, but add if there is under-aged drinking there is a citation the first time the Police are called, not a warning; and change the wording on the ordinance covering noise complaints to add "or twice in a 30-day period." The Committee unanimously approved the motion. City Attomey Ginny Gennaro will make the changes to the ordinances on loud and unruly events (noise complaints); and prepare a "Cool Parents Ordinance" and bdng it back to the Committee. 5. DEFERRED BUSINESS A. Review and Committee recommendation on City Annexation Policy (This item heard after New Business, Item A) Assistant City .Manager Alan Chfistensen reported at its last meeting the Committee requested staff to survey other cities in California and Kern County to find out if any cities other than Bakersfield have a written pre-annexation policy. City Clerk Pam McCarthy reported on the resUlts received from other cities. None of'the responding cities have. a formal wdtten policy. Cities in Kern County answering the survey all responded they only follow LAFCO regulations (State law). It was noted very few cities responded to the survey. However,' it is typical of City Clerk's, as they are very busy, to only respond to surveys if there is information to provide regarding the survey questions. Assistant City Manager Alan Christensen reported on staff's recommendation. After completing a couple of inhabited annexations, the only complaints received were that the.process took too long. A strikeout- redlined version of the annexation resolution and mission statement was included in the Committee packet, which showed staff's proposed changes. City Attorney Ginny Gennaro stated the City Attorney's Office has not changed its legal opinion (different from staff's recommendation), which is for the City to keep the Mission Statement, repeal the entire resolution, and follow State law. This opinion is to protect the City from litigation. State law has made it very clear the State intends to occupy this area in order that annexations are handled the same Statewide. LAFCO is now the lead agency, and the City's Annexation Mission Statement covers the manner in which the City is to conduct the pre-annexation process. LEGISLATIVE AND LITIGATION COMMITTEE · Page 4 AGENDA SUMMARY REPORT - Tuesday, July 18, 2006 ~. ~ · Becky Kaiser asked if anyone had spoken with'Bill Turpin, LAFCO, regarding his opinion of cities' having a pre-annexation policy. "' .' Assistant City Manager Alan Chdstensen responded it was his understanding from the last meeting that if a survey were done of other cities and the results were that none of the cities have a .written policy, that was sufficient. Barbara Fields spoke in support of having a written pre-annexatiOn policy. Committee' Member David Couch explained the reasons for the review of the City's. policy are 1) State law has changed; and 2) there were complaints from recent inhabited annexations that the process took too Iong~ Becky Kaiser spoke is support of having .a written pre-annexation policy. Barbara Fowler spoke regarding the importance of contacting Mr. Turpin regarding his Opinion and in support of having a written pre-annexation policy. The Committee agreed for staff to contact Mr. Turpin or Mr. Schroeter from LAFCO to'see if there is a LAFCO opinion on cities' having or not having.a wdtten pre-LAFCO process. 6. cOMITTEE COMMENTS 7. ADJOURNMENT The meeting was adjOurned at 2:35 p.m. Staff: .. Assistant City Manager Alan Chdstensen; City Attomey Ginny Gennaro; Police Captain Tim Taylor; and City' Clerk Para McCarthy Others present: Fred Hupp; Barbara J. Fields; Barbara Fowler; BeCky Kaiser; David Burger, reporter, The Bakersfield Californian; Dianne Hardisty, The Bakersfield Californian; Nancy Chaffin; Hipolito R. Rocha; and camera crews from KBAK-TV and KGET-TV cc: Honorable Mayor and City Council S:~AC\06 Leglslative&Litigati0n\LL 06 jul 18 summary.doc B A K E R S F I E L D OFFICE OF THE CITY MANAGER MEMORANDUM August 10, 2006 TO: LEGISLATIVE AND LITIGATION COMMITTEE FROM: ALAN CHRISTENSEN, ASSISTANT CITY MANAGER SUBJECT: REVIEW OF LEAGUE'S ANNUAL RESOLUTIONS There are four proposed resolutions that will be voted on at the League's Annual Conference on September 6-9, 2006. Traditionally, the proposed League resolutions are reviewed by the Legislative and Litigation Committee with recommendation to Council. The Council then determines the City's positions and provides direction to the City's Voting Delegate to vote accordingly. As the City's representative, the Voting Delegate has the authority to forward the COuncil's agenda as proposed resolutions change during the course of the Annual Conference, in keeping with the Council's historical directive. The League's recommended resolutions are attached for your consideration. cc: Honorable Mayor and City Council Alan Tandy, City Manager S:XAC\06 Legislative&Litigation\Cover Memo for League Resolutions.doc WWW. CACITIES.ORG July 19, 2006 TO: MaYors, City Managers and City Clerks League Board of Directors General Resolutions Committee Members Members, League Policy Committees to Which Resolutions Are Referred RE: Annual Confeience Resolutions Packet Notice of League Annual Meeting Enclosed please find the 2006 Annual Conference Resolutions packet. Annual ConferenCe in San Diego. This year's League Annual Conference Will be held September 6-9 at the San Diego Convention Center. The conference announcement has previously been sent to all cities and we hope that you and your colleagues Will be able to join us. More information about the conference is available on the League's website at www.cacities.org/ac. We look forward to welcoming city officials to the conference. Annual Business Meeting - September 9, 8:30 a.m. The League's Annual Business Meeting will be held on Saturday, September 9, 8:30 a.m. at the Marriott Marina Hotel, located adjacent to the San Diego Convention Center. Resolutions Packet. At the Annual Conference, the League Will consider the four resolutions introduced by the July 10 deadline and included in this packet. We request that you distribute this packet to your city council. We encourage each city council to consider the resolutions and to determine a city position so that your voting delegate and alternate can represent your city's position on each. A copy of the resolutions packet is posted on the League's website for your convenience: www.cacities.org/resOlutions. The resolutions packet contains additional information related to consideration of the resolutions at the Annual Conference. This includes the date, time and location of the meetings at which resolutions will be considered. Voting Delegates. Each city council is encouraged to designate a voting delegate and alternate to represent their city at the Annual Business Meeting. A letter asking city councils to designate their voting delegate and alternate has already been sent to each city. We invite your city's participation in this important League meeting to help develop League policy. , Please Bring This Packet to the Annual Conference , I I , September 6 - 9, San Diego ge INFORMATION AND PROCEDURES RESOLUTIONS CONTAINED IN THIS PACKET. This year, four resolutions have been introduced for consideration by the Annual Conference and referred to the League policy committees. The League bylaws provide that resolutions shall be referred by the president to an appropriate policy committee for review and recommendation. Resolutions with committee recommendations shall then be referred to the General Resolutions Committee at the Annual Conference. POLICY COMMITTEES. Three policy committees will meet at the Annual Conference on Wednesday, September 6, at the Marriott Marina Hotel, located adjacent .to the Convention Center. The Administrative · Services Policy Committee will meet from 10:30 a.m. - Noon., and the Community Services and Public Safety Policy Committees will meet from 1 - 2:30 p.m. The sponsors of the resolutions were notified of the time and location of the meeting. Please see page iii for the meeting schedule. THE GENE ~RAL RESOLUTIONS COMMITTEE will meet at 1:30 p.m., on Friday, September 8, at the San Diego Convention Center to consider the reports of the three policy committees regarding the four resolutions. This committee includes one representative from each of the League's regional divisions, . functional departments, and standing policy committees, as well as additional city officials appointed by the League president. . THE CONCLUDING GENERAL SESSION/ANNUAL BUSINESS MEETING will convene at 8:30 a.m. on Saturday, September 9, at the Marriott Marina Hotel, San Diego. PETITIONED RESOLUTIONS. For those issues that develop after the normal 60-day deadline, a resolution may be introduced With a petition signed by designated voting delegates of 10 percent of all member cities (48 valid signatures required) and presented to the Voting Delegates Desk no later than 24 hours prior to the time set,for convening the Annual Business Session of the General Assembly. This year, the deadline is 8:30 a.m.} Friday, September 8. If the parliamentarian finds that a petitioned resolution 'is substantially similar in substance to a resolution already under consideration, the petitioned resolution will be disqualified by the General Resolutions Committee. Resolutions can be viewed on the League's website: www.cacities.org/resolutions. Any questions concerning the resolutions procedure should be directed to Linda Welch Hicks at the League office: lhicks(~,,cacities.org or (916) 658-8224. II. GUIDELINES FOR ANNUAL CONFERENCE RESOLUTIONS Policy development is a vital and ongoing process within the League. The principal means for deciding policy on the important issues facing cities and the League is through the League's eight standing policy committees and the board of directOrs. The process allows for timely consideration of issues in a changing environment and assures city officials the oppOrtunity tO both initiate and influence policy decisions. Annual conferencCresolutions constitute an additional way tO develop League policy. Resolutions should adhere tO the following criteria. Guidelines for Annual Conference Resolutions 1. Only issues that have a direct bearing on municipal affairs should be considered or adopted at the Annual Conference. 2. The issue is not of a purely local or regional concern. 3. The recommended policy should not simply restate existing League policy. 4. The resolution should be directed at achieving one of the following objectives: (a) Focus public Or media attention on an issue of major importance to cities. Co) Establish a new direction for League policy by establishing general principals around which more detailed policies may be developed by Policy committees and the Board of Directors. (c) Consider important issues not adequately addressed by the policy committees and Board of Directors. (d) Amend the League bylaws. ii III. · LOCATION OF MEETINGS Policy Committee Meetings Wednesday, September 6, 2006 Marriott Marina Hotel (Located adjacent to the Convention Center) 333 W. Harbor Drive San Diego, CA 92101 (619) 234-1500 adjacent 10:30 a.m. - Noon 1 - 2:30 p.m. Administrative Services Community Services Public Safety Note: The following committees will NOT meet as there were no resolutions referred to them: Employee Relations; Environmental Quality; Housing, Community & Economic · Development; Revenue and Taxation; Tranportation, Communication & Public Works GeneraI Resolutions Committee Friday, September 8, 2006, San Diego Convention Center 111 W. Harbor Drive San Diego, CA 92101 (619) 525-5000 Concluding General Session/Annual Business Meeting Saturday, September 9, 2006, 8:30 a.m. Marriott Marina Hotel (Located adjacent to the Convention Center) 333 W. Harbor Drive San Diego, CA 92101 (619) 234-1500 !11 IV. KEY TO ACTIONS TAKEN ON RESOLUTIONS Resolutions have been grouped by policy committees to which.they have been assigned. Number Key Word Index Reviewing Body Action I I I 1 I 2 I 3 1 - Policy Committee Recommendation to General Resolutions Committee 2 - General Resolutions Committee 3 - General Assembly ADMINISTRATIVE SERVICES POLICY COMMITTEE 1 2 3 Annual Conference Resolutions Procedures Alternate Voting Delegates - Bylaws Amendment COMMUNITY SERVICES POLICY COMMITTEE 1 2 3 Health and Wellness in Cities [ I II PUBLIC SAFETY POLICY COMMITTEE 1 2 ,3 I 4 [FOrfeiture Of Vehicles Used in Illegal Speed COntestsand Exhibitions of Speed NOTE: NO RESOLUTIONS WERE ASSIGNED TO THESE POLICY COMMITTEES: Employee Relations RevenUe and Taxation Environmental Quality Transp., Communication & Public Works Housing, Comm. & Economic Dev. RESOLUTIONS INITIATED BY PETITION General Resolutions General Committee Assembly Recommendation Action iv KEY TO ACTIONS TAKEN ON RESOLUTIONS (Continued) KEY TO REVIEWING BoDIEs KEY TO ACTIONS TAKEN 1. Policy Committee A - Approve 2. General Resolutions Committee D - Disapprove 3. General Assembly N - No Action R - Refer to appropriate policy committee for study Action Footnotes a - Amend Aa - Approve as amended * Subject matter covered in another resolutiOn Aaa - Approve with additional amendment(s) ** Existing League policy Ra - Amend and refer as amended to *** Local authority presently exists appropriate policy committee for study Raa - Additional amendments and refer Da - Amend (for clarity or brevity) and Disapprove Na - Amend (for clarity or brevity) and take No Action W - Withdrawn by Sponsor Procedural Note: Resolutions that are approved by the General Resolutions Committee, as well as all qualified petitioned.resolutions, are reported to the floor of the General Assembly. In addition, League policy provides the following procedure for resolutions approved by League policy committees but not approved by the General Resolutions Committee. Every resolution initially recommended for approval and adoption by all the League policy committees to which the resolution is assigned, but subsequently recommended for disapproval, referral or no action by the General Resolutions Committee, shall then be placed on a consent agenda for consideration by the General Assembly. The consent agenda shall include a brief description of the bases for the recommendations by both the policy· committee(s) and General Resolutions Committee, as well as the recommended action by each. Any voting delegate maY make a motion to pull a resolution from the consent agenda in order to request the opportunity to fully debate the resolution. If, upon a majority vote of the General Assembly, the request for debate is approved, the General Assembly shall have the opportunity to debate and subsequently vote on the resolution. V V 2006 ANNUAL CONFERENCE RESOLUTIONS RESOLUTIONS REFERRED TO ADMINISTRATIVE SERVICF~$ POLICY COMMITTE~ 1. RESOLUTION RELATING TO ANNUAL CONFERENCE RESOLUTION PROCEDURES Source: League Board of Directors Referred to: Administrative Services Policy Committee Recommendation to General Resolutions Committee: WHEREAS, in November 2005, the League Board of Directors authorized the League President to appoint a committee consisting of board members and others to revieTM the League's Annual Conference Resolution process and to recommend any changes; and WHEREAS, the committee identified several opportunities to improve the resolutions process, which range from substantive changes to technical clarifications; and WHEREAS, these recommendations were considered by the League's Administrative Services Policy Committee and Board of Directors; and WHEREAs, because any'policies included in a resolution approved by the membership would not take effect until after the close of the 2006 Annual Conference, the League Board of Directors has adopted these recommendations as policies on an interim basis for the 2006 Annual Conference Resolution process; and WHEREAS, the League Board of Directors proposes this Annual Conference Resolution to provide League member cities the opportunity to review and approve the changes proposed for 2007 and beYOnd; now, therefore, be it RESOLVED,' by the General Assembly of the League of California Cities assembled in Annual Conference in San Diego, 'September 9, 2006, that the following policies be adopted to guide the League's Annual Conference Resolutions Process. 1. Debate During Consideration of Resolutions A. At policy committees, the General Resolutions Committee and General Assembly, the presiding officials shall have the option to set time limits on speakers and request that speakers not repeat statements made by previous speakers. B. City officials who are League members and others shall be permitted to speak at policy committee meetings when policy committees are considering resolutions. Only League members shall be permitted to SPeak at the General Resolutions Committee. However, if a League member requests, through the chair, that a non-member individual be permitted to speak to a resolution, the chair may permit that individual to briefly address the Committee. Only League members shall be permitted to speak at the General Assembly. 2. Moving Resolutions through the General Resolutions Process ' A. The League reaffirms its policy adopted in 1998 by Annual Conference Resolution #2, that those resolutions that are approved by a policy committee or committees to which they were assigned but not approved by the General Resolutions Committee shall move forward to the General Assembly on a separate consent calendar. B. All petitioned resolutions meeting the requirements of the League bylaws shall move from the General Resolutions Committee to the General Assembly, regardless of the recommendation of the General Resolutions Committee. C. For all other resolutions, only those that are approved by the General Resolutions Committee shall move forward to the General Assembly for consideration. 3. Credentials Committee A. The President of the City Attorneys Depa,hnent shall recommend to the League President a city attorney to serve as an advisor to the credential committee to assist them in resolving credentials or voting eligibility questiOns. 4. Policy Regarding Advocacy Positions A. The League reaffirms its 1953 policy regarding League positions on ballot measures and legislation: The League should "...take action only on matters that arc of broad'municipai interest [emphasis in original]. In other words, it is preferable that the League act only on those matters that arc of concern to a large number of cities, rather than to the cities of a given area or to an individual city. Similarly, it is unsound for thc League to take an active position on a subject when the cities in the state arc about equally divided on each side of the issue. It has been the attitude of thc board to attempt to resolve these issues so that a large majority of cities are on one side or the other." 5. Voting Procedures A. The configuration of the room in which the General Assembly is held shall be arranged so that the voting delegates and alternates are seated in one area of the room and the other attendees are seated in an other area of the room; and B. Only those voting delegates and alternates with the appropriate identifying stamps on their conference name badges shall be admitted to the voting delegate area of the General Assembly. 6. Amendments of Petitioned Resolutions A. The General Resolutions Committee may not make amendments to petitioned resolutions; B.If the General Resolutions Committee Wishes, it may recommend by a majority vote to the General Assembly technical or clarifying amendments to a petitioned resolution; C.SUbstantive amendments that change the intent of the petitioned resolution may only be adopted by the General Assembly. 2. RESOLUTION RELATING TO THE NUMBER OF ALTERNATE VOTING DELEGATES A CITY MAY DESIGNATE - BYLAWS AMENDMENT (2/3rds vote required to approve) Source: League Board of Directors Referred to: Administrative Services Policy Committee Recommendation to General Resolutions Committee: WHEREAS, the General Assembly at the League of California Cities' Annual Conference is an opportunity for League members to shape League policy; and WHEREAS, the League bylaws provide that each League member city has one vote at the General Assembly; and WHEREAS, to exercise this right to vote at the General Assembly, the League bylaws require that the city council in each League member city designate a voting delegate to represent it;' and WHEREAS, to provide for any unforeseen inability of the city's voting delegate to attend the General Assembly, the bylaws also allow the city council in each League member city to designate an alternate voting delegate; and WHEREAS, periodically a number of cities have found themselves in a situation in which neither their voting delegate nor their alternate was able to attend the General Assembly; and WHEREAS, the League desires that all member cities participate in the General Assembly so that resolutions adopted at the General Assembly reflect the full perspective of the League's membership; and WHEREAS, allowing member cities to designate an additional voting delegate alternate will encourage such full participation in the General Assembly; now, therefore be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in San Diego, September 9, 2006, that the League allow city councils in member cities to designate one voting delegate and up to two alternates by amending~ section 3 of Article V (Membership Meetings) of the League bylaws as follows: Section 3: City Delegates as General Assembly. (a) Designation. Each Member City may, with the approval of the city council, designate a city official as the city's designated voting delegate o~ and, in the event that the designated voting delegate is unable to serve in that capaci _ty, up to two alternate voting delegates. Co) Membership Decision'making Body. Designated voting delegates (or their alternates) constitute the League's General Assembly. (c) Registration for Annual Conference. For General Assemblies held in conjunction with' the Annual Conference, designated voting delegates must register to attend the Annual Conference Bylaw language additions are indicated by underlining; deletions are indicated by :x~z zut:. Background Information on Resolutions #1 and 02 Source: League Board of Directors Titles: Resolution Relating to Annual Conference Resolution Procedures · Resolution Relating to the Number of Alternate Voting Delegates a City May Designate - Bylaws Amendment Baekgrouad: . At its November 2005 meeting, the League Board of Directors authorized the League President to appoint a committee consisting of board members and others to review the issues and problems related to the League's Annual Conference resolutions process and to recommend changes to remedy the problems. The changes would be accomplished either through an Annual Conference resolution, new board policy, changes to internal League procedures, or other mechanisms. The Committee included the following individuals: Pat Eklund, Council Member, Novato (Chair) Paul Leullig, Council Member, Barstow Kara Ueda, Assistant City Attorney, Davis Debbie Cook, CoUncil Member, Huntington Beach Pamyla Means, City Clerk, Irvine Marland Townsend, former Council Member, Foster City The need for the committee stems from the difficult and often divisive experience at last year's Annual Conference related to Proposition 76. Issues and problems that arose at the conference included whether petitioned resolutions can be amended by the General Resolutions Committee, whether the League should take a position on a ballot measure where the membership is divided, how to fairly provide opportunities for public comment at the conference, and perceived inappropriate lobbying of voting delegates of the resolution at the conference by supporters and opponents of Proposition 76. In addition, prior to and during the conference, city officials and League staff identified other · issues and procedures related to the resolutions process that warrant evaluation and potential modification. Some are minor, technical modifications or procedural changes, while others involve resolving inconsistencies between the provisions of the League bylaws and the League's historical practices or resolving ambiguities in our procedures. Committee Review Process: The Annual Conference Resolutions Process Committee met by conference call four times to discuss and make recommendations on the following Annual Conference ResolUtions process topics· 1. Resolutions - Referral to Policy Committees and Moving Resolutions from General Resolutions Committee to General Assembly 2. General Resolutions Committee and General Assembly - Pubic Comment 3. Credentials Committee 4. Voting Delegates 5. Resolutions - Procedures Related to Multiple Petitioned Resolutions that are Identical or Similar 6. Resolutions Related to League Positions on Ballot Measures 7. Voting and Lobbying at the General Assembly 8. Resolutions - Amending Petitioned Resolutions The Administrative Services Policy Committee reviewed the committee's recommendations in March and unanimously adopted the recommendations from the special committee. The League Board 4 ,- ,, concurred and approved the recommendations, with the exception of the recommendation related to amending petitioned resolutions. The Board modified the recommendation regarding amendment petitioned resolutions to clarify that petitioned resolutions may not be amended by the General Resolutions Committee. Implementation for 2006: In addition to the items included in this resolution, the Committee and Board adopted a number of procedural changes that have been or will be implemented through internal staff procedures. For example, consistent with the League's bylaws, cities must demonstrate that designation of their voting delegates and alternates are the result of council action. In the past, some cities have provided documentation of council action (or affirmed that the designation reflects council action), but many cities did not. The League has reaffirmed this requirement in voting delegate the information sent to cities. As stated in the resolution, because the Annual Conference Resolution acted upon at the 2006 conference will not go into effect until the 2007 conference, the Board of Directors has adopted, as an interim policy, the substance of the resolution so that it can be implemented in 2006. The exception is the recommendation to increase the number of alternate voting delegates to two. Bylaws Change: The committee recommended, and the Administrative Services Policy Committee and Board agreed, that the number of voting delegate alternates that cities may designate should be increased from one to two. This is recommended to provide greater flexibility to cities and city officials who have last minute problems with travel plans and so that their city can participate in the General Assembly and be able to cast a vote on the resolutions This requires a bylaws change, which must pass by a two-thirds vote to be adopted. Resolution No. 2 would implement this recommendation. As a bylaws.change, it requires a 2/3 vote to be approved. IIIIIIIIII RESOLUTION REFERRED TO COMMUNITY SERVICES POLICY COMMITTEE 3. RESOLUTION RELATING TO ENCOURAGING HEALTH AND WELLNESS IN CITIES Source: Community Services Policy Committee, and. '- Recreation, Parks & Community Services Department Referred to: Community Services Policy Committee Recommendation to General Resolutions Committee: WHEREAS, in 2004, the League adopted an Annual Conference resoluti°n to encourage cities to embrace policies that facilitate activities to promote healthier lifestyles and communities, including healthy diet and nutrition and the adoption of city design and planning principles that enable citizens of all ages and abilities to undertake exercise; and ' WHEREAS, one of the League of California Cities strategic goals for 2006 is to promote and develop safe and healthy cities; and WHEREAS, the members of the League's Recreation, Parks Community Services Department, which consists of professionals within city departments such as parks and recreation, libraries and human services, has expertise in the field of healthy cities; and WHEREAS, the City, County, State (CCS) Parmership, of Which the League is a member, is encouraging local government to adopt and promote policies and programs that address issues of health and well-being; and WHEREAS, many cities currently provide health and wellness programs, promote planning principles that provide a healthy environment, and have excellent examples of successful programs; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in San Diego, September 9, 2006, that the League, in cooperation with the Community Services Policy Committee, the Recreation, Parks and Community Services Department, and the CCS Partnership, work together to develop a clearinghouse of information that cities can use to promote wellness policies and healthier cities; and, be it further RESOLVED, that this activity take the form of a toolkit on the League's website for cities to visit in order to share, find and develop successful models of health and wellness to use in their 'respective communities to achieve the goal of safe and healthy cities; and, be it further RESOLVED, that Health and Wellness programs become a topic for the Helen Putnam Awards Program beginning in 2007; and, be it further RESOLVED, that the three groups continue to work throughout 2007 in an effort to implement this resolution. >>>>>>>>>> RESOLUTION REFERRED TO PUBLIC SAFETY POLICY COMMITTEE 4. RESOLUTION RELATING TO FORFEITURE OF VEHICLES USED IN ILLEGAL SPEED CONTESTS AND EXHIBITIONS OF SPEED Source: City of Elk Grove Referred to: Public Safety Policy Committee Recommendation to General Resolutions Committee: WHEREAS, according to public safety professionals, illegal speed contests and exhibitions of speed pose a real, serious threat to the health and safety of the public, interfere with pedestrian and vehicular traffic, create a public nuisance, and interfere with the right of individuals and businesses to enjoy the use of their property; and WHEREAS, public health and safety can be enhanced when illegal speed contests and exhibitions of speed are discouraged and prevented by the enactment of local ordinances that seek to impose forfeiture of vehicles used in such events as a penalty for illegal speed contests and exhibitions of speed; and WHEREAS, California state law does not appear to expressly authorize cities or counties to enact local ordinances that impose vehicle forfeiture as a penalty for illegal speed contests and exhibitions of speed; and WHEREAS, consistent with the mission and core beliefs of the League of California Cities, providing cities and counties with the flexibility in state law to impose the penalty of vehicle forfeiture 6 ...... ~ for illegal speed contests and exhibitions of speed enhances public safety and facilitates local control; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities, assembled in Annual Conference in San Diego, September 9, 2006, that the League co-sponsor state legislation to expressly authorize cities and counties to impose vehicle forfeiture as a penalty for illegal speed contests and exhibitions of speed. Background Information on Resolution 04 Source: City of Elk Grove Title: Resolution Relating to FOrfeiture of Vehicles Used in Illegal Speed Contests and Exhibitions of Speed Background: Street racing is a growing concern not just in the City of Elk Grove, but in many communities statcwide. In order to protect public health, safety, and welfare, cities and counties may seek to enact ordinances to address this problem, including ones that would impose vehicle forfeiture as a penalty for illegal speed contests and exhibitions of speed. Unfortunately, state law does not appear to expressly authorize cities or counties to enact such ordinances and they may be vulnerable to court challenge. The City of Elk Grove is submitting this resolution to seek. League co-sponsorship of legislation that would expressly authorize cities or counties to enact local ordinances - at their discretion - that may impose vehicle forfeiture as a penalty for illegal speed contests and exhibitions of speed. ////////// [NOTE: No resolutions were assigned to the following policy committees: Employee Relations; Environmental Quality; Housing, Community & EConomic Development; Revenue and Taxation; and Transportation, Communication & Public Works.] 7 July 19, 2006 City Clerk's Office City Hell 1501 Truxtun Avenue Bakersfield, CA 93301 SUBJECT: REQUEST FOR ADOPTION OF CAT ORDINANCE Gentlemen: The following is a request to the Bakersfield City Council for the drafting and adoption of an ordinance to regulate cats and cat owners. I have a number of reasons for requesting the adoption of this ordinance which are outlined in the attached document. If you have any questions or comments regarding this request, please feel free to contact me in writing at P. O. Box 9334, Bakersfield 93389. · Sincerely, Attachments: Santa Clara Valley Audubon Society Publication PETA- Model Spay and Neuter Ordinances ASPCA- National Shelter Outreach The Cat Fanciers' Association, Inc~ Article Animal Shellering Article re: Legislation The Humane Society - Guide to Cat Law King County Public Health article on Toxoplasmosis BACKGROUND I moved into my home in Southwest Bakersfield after marrying my current wife in August 1993. When I moved into this home, I noticed that there were a large number of cats prowling the neighborhood. I had also noticed a number of piles'of cat feces scattered around the yard. There were'probably in excess of 20 cats. However, as the years have passed, the number of cats has at least doubled, or maybe tripled. The problems started with the cats almost-immediately afl. er I moved in. I wes working on my truck in the driveway one evening with the garage door open and I went inside to get a drink. When l came back outside, I discovered a cat urinating on the inside wall of my garage. Several days to a week later, another cat had either udnated or sprayed on the windshield and the intake of my. heating system, of my truck, which wes parked in my driveway overnight. There is a roof overhang in front of our home, approximately 285 square feet in area. When I moved in, approximately 200 square feat consisted of bare dirt planted with shrubs and ferns. A number of these plants were in need of water, so I started watering them. Each time I watered these plants, there was this incredible stenchl At that point I realized that the cats were using this area as a litter box and we needed to get rid of this cat problem and keep them aw. ?.,y from the front ,of,. oUr home. Approximately six years ago, I upgraded the exterior of my home. I intended to color coat my home, install new windows and refinish my front door. When I began to strip off, what I thought was the finish, I discovered that it wes cat urine and cat spray. My solid wood front door wes ruined and I ended up replacing the door at a Cost of around $1,300. After the Improvements were completed, one of the offending cat owners complimented me on how nice the house looked. I told her it would be perfect if I could get the neighborhood cats to quit using my property as a toilet. She sneered at me and stated'thb' f~llbWirig:"There's nothing I can do about it". After this episode, I purchased a cat trap. ATTEMPTED SOLUTIONS My wife and I then started talking with different folks about this cat problem. Based on our discussions with them we tried Ute following in 'the aforementioned areas of our yard: Several gallon milk jugs half-filled with water. · Crushed red pepper was scattered about. · Cat and dog'repellent. (This smells like green apples) FIRST REAL SOLUTION Finally, I removed most of the Shrubs and bushes in the affected roof overhang area in 1994 and purchased 220 stepping stones (15 518" x 7 518") creating a little patio. The stepping stones cost approximately $680 plus my time. Since I was working full time and travelling . oW . ..of town for my job, !.buiItthis patio in phases, apprOximately 2 hours at a time each evening. The excrement was removed and then the soil was leveled. When I would come back the next evening, there would be 5 to 10 more piles of feces. The total project was completed in about two weeks. It was disgusting. This is the only solution that worked in the immediate vicinity of our front door, and it was only about 70% suCCessful because the cats simply moved farther into the front yard and into an area by our driveway. SECOND REAL SOLUTION To eliminate the cat prOblem by our driveway, I removed a 40-50 foot pine tree and laid about 4 yards of concrete, all at my expense, using my labor and the labor of several friends. ADDITIONAL ATTEMPTED SOLUTIONS After, the con.crete, was la!d, the Cats simply mOved to other areas of the yard that had bare dirt and shrubs. The cats even defecated on our sprinkler heads and on the grass, so we also tried the following: · Spreading mothballs around the shrubs. · Spraying a solution of ammonia and water. · Installing. chicken wire arOund all of the shrubs and plants in the front yard. These solutions work until you water the lawn. Moth balls are apprOximately $7.00 a can and I would have had to use at least two cans, four times a week or $56.00 per week. We have. installed the chicken wire .and it does work. BUt wa have to move it around when we weed and mow and it is another expense and inconvenience that we have had to incur. ,. FINAL ATTEMP'.~D SOLUTION '. I've been trapping the cats and I've taken 10 or 11 of them both to the pound and to the SPCA. HOwever, the Pound is a 12 mile round trip in .my vehicle and they don't open until 10:00 AM. This is somewhat inconvenient and gasoline for my vehicle is expensive. I did call the Animal Control Department but they won't come out and pick up strays. Apparently they stated that there is nothing that they can do because the city does not I have an Ordinance. The only thing that they seem to emphasize is that you do not hurt the cats. Then they make all these excuses as to why they can't do their job. It was an extremely frustrating experience. My tax dollars being wested l MAIN ISSUES WITH CATS Following are the main issues that I have with these cats and their owners'and the reasons, why you should adopt a cat ordinance: The cats have defecated on my sprinkler heads on several occasions. This last time, the cat had diarrhea and I witnessed him doing it as I drove up to my house. If something like this were to occur in the future and if the check valve on my sprinkler system were to fail, I could end up with E-coli contamination in the drinking water in my home. This could be considered "Domestic Terrorism". I have a small scale to weigh my mail. I have weighed one pile of these cat faces and it was around 1.0 ounce of so when wet. One of the neighbore in my area has between 17 and 19 cats. Assuming these cats defecate at least once a day, they are producing around 1.0 pounds of untreated sewage every day or approximately 365 pounds per year. Under the Federal Resource Conservation and Recovery Act (RCRA) these cat owners might be considered as allowing discharges of untreated wastes. A Small hazardous waste generator is defined under RCRA as one who generates 10 kg of hazardous waste per month. These cat owners would qualify. In my opinion, cats are vermin, just like uncontrolled rats. VVhen they are allowed to run loose, they kill squirrels, chipmunks, birds, rabbits and other wildlife. Kern County has a number of identified Endangered Species such as the Blunt-nosed Leopard Lizard and the Giant Kangaroo Rat. The feral cats in the park areas of Kern County are most likely decimating any of these animals that they encounter, plus they also are taking food away from Kit Foxes, another Endangered animal. Another issue that I have with these cats and their, owners is that my wife has two bird feeders, a bird bath and three humming bird feeders in our back yard. These cats have. been trespassing into our back yard and they are threatening to kill the birds that we are attracting and that wa enjoy watching. These cats, and their associated owners are clearly violating my PERSONAL PROPERTY RIGHTS. FINAL 8OLUTION Therefore, I feel that it is incumbent upon the Bakersfield City Council to adopt an ordinance to control the cats that are allowed to roam freely throughout the city. Evidently their owners are too lazy to clean up after their animals and they simply allow them to use other people's yards as their pets' litter boxes. They obviously have no respect for their neighbOrs or their properties. SCV. A~~. Keeping Your Cats Indoors Page I of 4 .loin Usl About U~ C~lendsr ~l~ing Con~aMon Kids' Co,er · ~flu~tion ~ature Sh Conse ation Publications Programs S~As publlsh~ m~ mbo~ bl~ln~ mod ~ns~mMon In I~ Our On~oin~ newsle~er,' ~e A~& ~ ~ ~mpl~e I1~ of ~llne ~ h~. ProJe~s Wh.t you .n do Keeping Your indoo ' AKicl~ a~ut by ~da ~ Envi~nmental ~blished' in ,June ~7 In ~ ~ ' ' ~8~'S ~W Advo~inSC ~ ~' · ,~ · · Valley Why Is i~ Imp°~:~ ~'~'~ep ~.ind~? ~, It is g~d ~r wll~ll~. ~ ' ' Educational and Hany of Us ~ b~mlng'nw.~ of ~e huge ~11 ~ken on wildll~ Find o~ a~ our mo~ Communl~ popula~ons by dom~c nad ~1 ~. S~dl, done over'~e la~ 50 ~lu~eer ne~s Outmch yee~ heve demon~.~d ~e ~l.~y h.~ Imp.~ ~ h.ve had on bl~ popUlB~onS ~ughO~ ~e Wo~d. ~m' ~r'~e numbe~ of ~i~ Our PaKne~ in bl~s ~11~ by~ 'In ~ U.'S. ~er ~--r ~nge into ~e hund~s of Found ~n orphaned or inJ Consewation millions. ~' ' · bi~? Click he~ and find o~ Half ~e ~t-~ught bl~s brought In~ WIIdl~ P~e~ln Palo'A~ In '. Search our site ~994 we~ fl~gllngs, emphas~ng ~e papular ~lnemblll~ of. bl~s · ' ·Sign up ~r our emall ~ alu,ag ~e n~ng segson; ~mblned w~ habl~t Io,, p~a~on by. ~ ~uld be a bu~en ~at many'bl~"PoPulaMOns won't ~ able ~ wl~nd. ' ~'". '" ' :. '''~ · Not only are the prey species effected by cat pradati0n~ but also other .... · predator species such .as hawks, owls, and coyotes that depend on the prey species for their natural food supply. The populaUon .densities of cats, eSpedally in rural areas, can be many times higher, than ~occurs In predator species In nature, making It difficult.for native predators to.... compete. · The good news Is that keeping cats Indoors is also good for the health and lire expectancy of the cats, and les~ expensive for the cat owners. The Humane Society of the. United States was quoted in 1992 . 'estimating the everalj~ilfe ~x~n~'of. frbe'maming pets'to be between 3 and S years, while indoor cats can commonly reach .ages 17 years or more. A nUmber of local community groups, including Santa Clara Valley Audubon, Santa Clara Valley Humane Society and Wildlife Kescue are currently trying to educate the public on the benefits of. keeping .domeatlccats Indoors. Following are some Important benefits of keeping cats Indoors: Zndoor cats do not get hit by cars. According to the Santa Clara Valley · Humane.Society, 57..%,or ail.the animals found dead on the streets San 3ose In 1996 were cats Keeping cats Inside keeps them out of fights. ZndOor cats don't get Injured In fights with other neighborhood cats or wlldllfo. Our big, white, fluffy male, Ste-Putt ended up at the vet's office with absceSSed wounds twice after fights with who-knows-whet. Believe me, It wasn~ cheap. This contributed to our' decisiOn to make. Sta-Puft an IndoOr cat. SCVAS: Keeping Your Cats Indoors Page'~ 6.f Exposure to diseases and parasites are minimized or eliminated. ..... Diseases such as feline leukemia, rabies, upper resPiratory disease and feline Immunodeflclency virus can be serious and life-threatening. Common parasites picked up outdOors by cats Include fleas, ticks and worms. Lower veterinary bills. Besides not having to seek emergency attonUon for cats who have been In fights, kesplng cats' Indoors saves money on treeting diseases and parasites which ara contracted from other .cats and wildlife. We were pleased to find out from our vet that In addlUon, our cats need fewer Yearly shots, now that thaa a.re Indoor cats. : · . · . .....- Easier and less expensive to keep fleas under control. Newly available .. ' ' ..: ' ~.:: · medicines, which help keep fleas under control, have to be . ' ...' :' .. ' · . administered on a continual basis If the cat goes outside. It may be ' .... 'Possible to subdue fleas If the cat stays inside. At present our cats do · ~:':., '"....'not seem to have any fleas, and we are not using any form of flea ' . · '-, :. "control. The ordeal of a flea bath is essentially a thing of the past. Indoor cats are safe from neighbors who do not welcome fa!Ina visit°rs . to their yards. Tn most. Places tt*ls legal-~or i~ropertYowners to b-ap' ' ·" domestic .a,m.m. als tha~wander on to their properties. Wandering cats may end up ~t the pound, Or wOrSe, suffer Injury ~rOm angr~ neighbors trying to drive them off. Indoor catS.are sefe..fmm Predation by wild animals: In rural areas . .. especially, cats can become prey themselves. to. predators such ,as coyotes and Great Homed Owls. It Is clear that there are,many reuon, to !map cam IndoorA above and. beyond those relating to.wlldl!fe, producing a "win.Win. sltUation. Obviously It Is easiest to raise a cat Indoors from the time It is a Idtten, but It Is also passible to:conVgrt an, 0utd.-oor cat to an indoor cat: For Ups on how to do this, see adjoining story. 11pa On Turning Outdoor Cats Into Indoor Cat. We have three Indoor cats. No,.thaa'den~ drive us nuts. At least no .more. ~an before~ when, thaa went ~utslde;.~lnce we've succass~ully tamed them ell. Into Indb0r clti,'.! .~dd~d~ IIId~ I~i~ihl're' some of what . I've learned with other cat owners who want to try keeping their cats Indoors. Of the three cats that we have, one was very devoted to' gaing· outside. Black Bunbuns was on her own'when wa'foUnd her, end had only gradually become used to staying Inside for extended periods of time. We had cut all the cats back to only · few hours of outalde time each evening alter dark, mostly because of Sta-Puit Or Black Bunbuns bringing home an occaslonolblrd. Alter Sta-Puit had been In his two big fl~hta (See part ), the last Straw ,me when he began coming home with finches - at nightll That wes It,.all the cats were grounded. Yes, they drove us nutall Luckily, Sta-Puit'and our third cat, UncJ. e Chuc~ only pestered us for a week or two. They were fairly eeslly. diverted with games of superbells, string and catnip mice; And Biter all, Sta-Puit's faverlte thing Is eating. The main problem with him is to keep him from getting too heavy. Black Bunbuns was another story, though. She wes periodically Insistoot for weeks, It did lessen fairly steedUy, ,yet graduallyv~uoUl.she gev&up'altogether liter abOut 6 or 8 weeks. It wesn~ as If she was continually In torture from not going outside. She seemed fairly satisfied when she wasn't meowing to go out, conseq, uentiy giving us. a break. She did finally take. more .of an. http://www:scvas.orgtindex.php?page-~ext&id=keepcats ~:.~";~:~'::'~:~,~,:?.:' ~::~:'~?;',~':~':: :'~" .......... '*': ',:~.:'i.:. ~,:,:.~..-:.,~.: :::~-~....: ::... ~ 71.101.2006 ~ S.c...'V.,~:...K?_p. i~. your Cats Indoors ' Pal~e 3 of 4 · '~ ~, Interest In playing with string end ramping'with Uncle Chuck. Following are a number of things which ! think have mede It easier'for our cats to become established as Indoor cats. When ! say 'easier", ! mean both 'for them and for us. " Have your cat spayed or neuteredl~! As Well ~s heiplng to address a cat overpopulation problem that results In thousands of unclaimed 'cats every year In our county~ .spaying end neutsrlng cause cats to be more sociable, and lass Inclined to ream. · · Having toys around for them to entsrtaln memselves. Catnip mice are e favorite In our household. ! grow catnip oUtSide, and to keep the "ratty mice" alluring, every once In a while ! rub catnip leaves on the corduroy hides of the' ratty-mice. This very successfully renews the cats' Interest In playing with the.mice (and entertains us greatly). Haklng i~i,cas' a..vallable for'mem.:to. bask In me m0m'lng suil; es' ~ell'~e'wit~"Wiidjjfe'and hUman a~VlUes outside. Sts-Pul~ IS beside himself with exdtsment every Ume the'" squirrels run down the window sill In front of his favorite spot. ]solete the cat box(es) so that periodic Odors a~e'not disruptive to the human Inhabitants of the household. Many people choose the bathroom. ! chose the garage and Installed a cat door In the door between the house and the garage, to minimize odors even ~urther. We rent, so we actually bought s new door so we could leave the landlord's door Intecl~ Offset Increased cat box use (and litter purchases) with litter conservation techniques. There ere ways to reduce cat litter usage, but · ', (sorryll) they all Involve "sieving". ! haven't yet reached a decision as to which method Is more efficient. Recently !~e started using the "clumping" cat litter, and find that it reduces cat litter usage. Before that ! developed a cat box setup that Involved.a section of newspaper and a larger-than-cat box sized piece of some fine mesh flexible screen (like that used for screen doors) The newspaper wes placed In the. 'bOttom of the cat box'end the ~:reen Wes placed over the newspaper, fitted to the Inside of the box, end clipped to the sides of the cbt box with clothespins. The litter was then poured on to the screen. One could then periodically change ~he newspaper by lifting the cat litter out by gathering up the screen. Sieving cat litter end changing out the newspaper every few days extended the life of the litter considerably, as the urine would mostly soak Into the newspaper Instead of fouling the cat litter. .Flnd.a way to. allow each cat to have e favorite (and securel) place to which It can retreat. For Black Bunbuns it Is a little cat bed with washable cover. For Sts-Puft it is numerous throw-rugs of which he Is king, plus a number of other places that he alternately claims for extended periods. For Uncle Chucks. it Is the Iolt In the garage, to which he is the only cat athletic enough to leap. Same number of cat boxes as cats. ] don~ know If this keeps them from fighting over the boxes, bu~ It Is e reasonable formula for not having to maintain the boxes overly Frequently. Have carpeted posts, or some other place for them to scratch. These must be made of materials that the cats prefer to your l'urnltura. Our cats all love the carpeted posts, and ! find that ! can use carpet scraps to recover them when they. wear out. The scratching Issue can be a tough one, and can make or break the whole effort. If you have http://www, scvas.org/indcx.php?pat~c---tcxl~id=kccl)CatS. .: . . . '.'.'.~.,~?~-:. ,'..,'~,'~' '~.:.~ ........ ' '. ',!~::"~'.'?..::.? ~,~ .... ' .... i~ ., --7/10/20{)6. SCVAS: Keeping Your Cats Indoors Page ~,.o~ 4. ..... furniture or rugs, etc., that ere precioUs to yOU, by ail means protect ~ ~ · themallow themUntll, theaccess.Cat settles., into. : an:. acceptable., routine and It Is safe to ~ Hake the bedrooms of allergy sufferersOff limlLs to Cats. This ·will go a long way toward reducing allergy Irritations, especially if they tend to be cumulative. Bare, uncorpeted floors with washable throw-rugs are also easier to .keep .clean. Some cats pose a serious' challenge tQ. any'attsmpts to keep. them indoors. Zt may Just not be possible in some cases without really going crazy. Zn cases like these one might consider a Caged run for the cat, connected to the. house with a cat door. Don't give up too easily, though. It seems to be a maker of negoUaUng a workable agreement with your cat~ We figure that our cats think they've relegated ell the hunUng to us, that we ere the servants that go out and capture all the food, and~ey Just i!e around. Jib kings and queens and play as much as they'want. Now that ! think of It, maybe Last modified on August 20, 2005. ~ck ~o ~e ~op Join Usl I About Uo I Calondar I Birding I Conservauon I Kldl' Corner Education I Nature Shop 2222! HcCleflan Rd., Cupertino, CA 95024 Tel: (408) 252-3747 / Fax: (408) 252-2850 lping.Animals.com // Resources // Take the Law Into Your Own Hands Page I of 13 Sign up for e-mMI upditesI Helping Ani ANIMALS Q HOME i Model Spay and Neuter OrdinanceS "for Animals The following is il.sample of communities that have either mandated spaying -,nd neutering, instituted differential licensing ........... or placed restriction8 on breeding. Unchain Your Dog . . ....................... : ......... ~ ........ :,..... ~ · Curb Animal ove~opuletio. California New Mexico I~mant Mcl~nle_v county. Dofl't Support Pet . · Gi~ of ClesrlSke : .'. - · Stores Ullgll~ · · · Puppy Mills: Cruelty to I,~ Dogs L~,. i. Harmony With Colorado New Jersey Wildlife ......................................... ~. Aumm .... * ......... '" Camden Resourosa  Denver Ads/PSAs lake County ......... IIIinob Celebrities Helping ' Animals Rock Island New York City_ ~ Buneomb~ Gountv FAQs Hamilton Coun~ Literature Midland 'Ohio ' Baltimore City_ Athen~ Photos Ii, one.maw_ Counh/ Richmond Vi~ Millouri Washington 'Videos ~. Loub 'I~:Ig_GGUl~ ................................ .. '.': .' . -. Tacoma The following states reqUire mandatary spaying or neutering of all snimale adopted from animal shelters: Arizona Mi~igan Arkansas Missouri .. California Montana. · ' Connecticut .Nevada D~tri~t of columbia New Hampshire Florida New Mexice Georgia New York Illinois North Dakota i Iowa Oklahoma i ~Y Rhode laland ! I.,ulelans Virginia Massachusetts . Belmont ~i · City Code outlines s differential lican~ing program, for dogs and cats, as follows: unaltered dogs $21 ($.50 toward · · ....... i · Animal Populalion Trust Fund}, unaltered cats $11, spayed/neutered dogs $11, spayed/neutered cats $6. ~IelpingAnimals.corn // Resources // Take the Law Into Your Own Hands Page'2~ Of t 3' ..... ...: ..~..~...:.~...=~ ............. .,..~:..~.: ..~... ~.~ :~. ...:..:..~..:. ? !.~.- ...:..~.~.,.~.~.-~....,...::::?~ ??~.~-. :.!~...~... ..... . ............. · ~ · Having unaltered animals alaO:~u!,',~ !hal.'n breed, in~permit be obtained for $25. i~ · (3.uardians of unaltered snimal!..n.m, .~ujred to I:m~;'higher redemPUOn fees When their animals are impounded at" ~e_lt_e.m_..The ia...pound ~a~e .il..:~:~r.,.,,~yed/ne _.uWred animal and is $40 for an unaltered animal ($30/560 if .~..n.n~_n.~? _n_m_,cen..~_n_l._r?~.?..~_ .~..~!~_.,.!~d,.ed' th?fee increasos: second often.. $30/~0 third offense $90/ ,! euu. tourm onunse a'l~,O/~!40,1~.a. ,.fl~ ~ an. ,p $150/$170. · , . :. I · If an animal is impounded twice in a thrse-yser period, he or she will be steriliZed before being released back to the guardian. A~i. =la IA: .~m=.. · 0'~.6,.(a) .No pesos ~all own ?r harbor.., any cat or dog over the age of six (6) months · . t .... nan not"l~en ~:0r..ne...IAtO.md_; ui~,.~...~..ch pomon holds either a license to kse~ an unsifted dog .. · · · '.-'-~: ...... '-'--.' ........... -v <....) ........ '-" ckr 'cat Or liana'/~d~mi'it' ~b'~jr~'Mli ~'~ d~la 'iMued by San Mateo County Animal Control SMvicse. (b) A license shall be Issued for an unalfered dog or cat if the owner signs s written statement that such animal will not be allowed to breed unless the owner has fiat obtained s breeding permit. Article IA, ~e¢. 6-~7.~ (d)(4) Any permit holder edvertfsing to the public the availability of any animal for adoption or Mia must prominently dl~lay the permit number in any publications in which they advertise. Further, the permit number must be provided to any pesos adopting or purchasing any animal bad by' the permit holder. A~I~Ii IA, ~e~. [-~J~.?.(d) Prior to release for edeptlon, any animal adopted from any animal welfare agency'shall'be spayed or neutered. Artlsfe IA, &lC..~,Z?.l(a) Any permit issued pursuant to m~ton 5-27.6 be revoked if the animal control officer has reasonable cause to believe any of the following to be true: ... (3) The permittea has failed to comply with any condition.or requirement of the permit or has failed to pay any fee Imposed under this ArtlGll IA, ~ec. r)-~)T.e, Penalty for violation. (1) A fine not to.exceed $100 for a first violation. (2) A fine ... $200 for a second violation within one year. (3) A fine... $500 for each additional violation within the same year. City of Clserlake · Spaying and neutering is mandatory for dogs and cate over the age of 4 months. ·Anyone intentionally caring or providing for a dog or cat is declared the 'owner" of that animal and must sterilize that animal a(=cordingly. · .Certain snimali'are'~xempted'from'thltordlnance's provisions. ' : ' · ?-10.t No person shell own, harbor, or keep within the City of ¢leadake, a dog or cat over the age of four months, which has not been spayed or neutered unless the dog or cat is exempted from the provisions of this section pursuant to section 7-10.3. 7.-10.2 Any person !ntantionally providing care or'sustenance for a dog or cat shall be deemed the owner or such dog or cat and shall comply with Section 7-10.1'. :' ' 7-10.3 The following animals are exempt from the provisions of Section 7-17.1. (a) I~ documenbKI as having been appropriately trained and actually being used by public law enforcement agencies foi' law enforcement "clMUea,. or such dogs designated. ..... '.~ an breecling Itock by an appropriate'agency or organizalion approved by the Direotor of Animal Care & Control after consultation with knowledgeable professionals; (b) Dogs having been appropriately trained and actually being ua,ed aa a service dog, s. uch an a g. ui .de d~, .hearing.dog, aos.M, tence dog, seizure alert dog, or social/therapy ' .nog, or a.u.Gn ?gs_ (magneto, ~ breeding mock by an appropriate agency or organlz~ti0n app. rov~. I~.y me Director.ofAnnnal Care & Control afar consultation with knowledgeable promsmonnm; . ..... · (c) Dogs documented as having been appropriately trained and actually being used by ..': .'.. search and rescue agencies for search and rescue activitfse, or such dogs designated as ' breeding stock by an appropriate agency or organization approved by the Director of Animal Care & Conlrol at~)r consultation with knowledgeable pmfoseionals; (d) DOgs or Gate cerllfled by a licensed ve~rinarian as having a health mason for not · .'.. besng .payed/neutawd; (e) Dogs which are appropriately trained and actually being umKI for herding of other animals, or an I'nmmock guardian dogs, hunting dogs,'or such dogs designated as breeding stock by an appropriate agency or organization approved by the Director of A(f)nimal Care & Coniml altar consultation with knowledgeable Professionals; Dogs or mite boarded in a licensed kennel or a buainan~, which boards such animals for profeanldnal training or reseis: (g) Dogs or cate which are rogisfered with the American Kennel CAub, the Cat Fancier Association or other recognized regisby or trained and kept for the purpose of show, field trials or agility trials. ~ !)n.2:. TI.~. Pmg~.k))~l,,~, ~l,ordi-%ll(Le, shall not become operative until June 1, 2006. i Heaperta ttp://www, he]pinl~anirna]s.com/res_.]awsf)ayord.asp . "i.".:'~; ~.:: ~:;",~.:~" ~.".? :. :~.~ :~.. ~ ".'~'.' '~'~. :: ';':'.:',.,...::',: ~.:..,.~, :'..~..:.~ ;::.... ~.i.7/.~0/2006~.. lelpin'g?nimals.~m I/Resources//Take the Law Into Your Own Hands Page 3 of 13 · Any impounded ·nim·l ah·Il be opeyed or neutered ·t the gu·rdlen's expense before being returned, with the exception of properly tagged ·nd licensed dogs, unless those dogs h·ve been found loose off their gu·rdians' property on three or more occasiun~ in · three-ye·r period. · Any'impounded animal shall be properly licensed at the guardian's expense before being returned. o Licensing ctmrges are ~0.a Year fo~; unaltared dogs ·nd $12 for opeyed or neutered dogs. e.58.0~0E Any dog f0Un~] running st la~ge, running loOSe, or unrestrained off the owner's property shell be required to be speyod or neutered ·nd properly licensed, ·t the owner'· expense before being returned to their owner. Exception: Any properly tagged end licensed dog ah·Il not be required to be sp·yed or neutered as ·bore unless found running ·t large, running loose, or unrestrained off the owner's property on three or more occasions in a three-year period. i Los Angetae · Spaying ~nd neutering is mandeto~/for all dogs and cate in city lim~ unless the guardi·n has obtained s $100.00 annual unaltered animal permit. · If the gu·rdisn wi·ha· to breed the ·nlm·l, they must ·leo obtain a breeders license. , All dogs bred for sale or trade must. be registered and. seller must disclose permit number end n·me of breeder in any edvertisemenL · V~olatom will be fined $500.00 ·nd would be considered · misdemeanor. · ExemPts animal shelter· that'h"va ImPlanted ·n 0ng°ing'opaY/neuter program. (1) N° immon shall cause Or allow any dog or c~t owned, harbored or kept .within. the .C. ity of L~ Angeles to breed without flint ~teining · bm·ding ps,miL aa d~bed below..The term ~)ree=ing permit means · wri~n authorization, issued annually by.the General M·nager; giving its lawful holder permission to breed · dog or · caL (2) Each breeding permit shall be valid for one year from the deta of issuance, and may be renewed · nnually, before its expiration date. Each applicant for such · permit shall pay an ·nnu·l fee of $100.00. A sap·rets permit must be obtained for each owned dog or cat which is allowed to breed. (3) The Department shell administer an animal breeding permit program to ·llow the breeding of unaltered dogs and cate consistent with criteria end ·;cording to pro~=edures established by the General Mannger · pumusnt to Se~on 53.58 of this Code. Under no circumstances shell ~uch a permit be issued to a person who hse been convicted of aninml ~malty.or'negle~ ' . '(4) In'acldi~on ~o thl ~eJ~;~d~b~ure~ i~t. blished by the General M·noger pursuant to ParagraPh 3 of this subsecl]on, all breeding permits shall contain the following terms and conditions: a. The owner of an unaltered female dog Or cat shall not'allow th.e whelping of more then one litter in any hoUSehold within the'permit year~ Notwithstanding this provision, the General Men,gar ls hereby aUthorized,'uPOn opplice~n of · permittee, to allow on · one lime basis the whelping of up to two dog or cat iittere Per breeding animal within any dome~c household within a permit year,, if the permittae establishes, according to regulotion~ Promulgated bY the Genem!.Man,ger, that such bm·ding ia mcluired to Prot~;t the health of the an.imal or ~vert ! ~l~tentlal economic lose to the pe~rmit~e: In the event th·t · permittee ls ~ fo'iuth,n. V. Oda. litter of dogs or =ts, the ~enere~ ......... Manager nmy authori;~e~the whelping of one edclitionl! liter of doge or cate within the same permit year by the perm~ttae; b. No of~pring may be sold adopted, bartered, or othenvlse transferred, whether for compensation or otherwise, until it has re·chad the ·ge of at la·st eight weeks; c. No offspring m·y be sold or adopted until Immunized ·gainer common diseases. The ~ sale or adoption of a dog or cat shall include a statement signed by the seller or adopter i a~sting to the slgnato~y'a knowledge of the animal's health, end the animal's ~ immunization history; . ... I .. -...,or cat .for,~le, adopt~n, or. truant, whether for. compens~on or othen~ise, must d. Andy holder of a breodlng permit rW? advertises to the.public the availability of any dOg ~ prominently display the permit number in any such advertisement. Fun. her, the .breeding · ~ permit holder must provide the permit number to any person who purcnases, ·=opts or ! received ·ny ·nim·l from the permit holder and include the permit number on any receipt of ··la or transfer document; i e. Commerolel establishments selling locally bred dog· or cate shall prominently display · the breeding permit number(s) of the breeder(s) whose dogs and cats are sold in said establishments and any other pertinent information required by the General Manager, .Comme~al establishments selling dog~ end cats which were not bred within the City of Lo~ Angeles shall Prominently dlspley the nome and address of the breeder(s) of such ielpingAnimals.com // Resources // Take the Law Into Your Own Hands Page 4 of~ 13" dogs end cats and any other pertinent information required by the General Manager; f. Any breeding permit holder selling Or otherwise transferring e dog or a cat, whether for compencetion or otherwise, shell submit to the Los Angeles Department of Animal Regulslk)n the name, iddre~, ~nd telephone number of the animal's new owner within live day~ from the ~ais or other tinnier, on e Department approved form; and i g' Any breeding permit holder or commerdal establishment which sells or otherwise · tm.nef?m ii dog or ~ Whether for (:amps.. n~tion or otherwioe,'ilmll previde to the new . ...... ·. ......... ....! ............ ..:..,..:. .... ': .animal ownerCitylpl)lk:MJon(t)~for.lbnse and Permit ~m wail'seWn Informatk)n ..... regarding the license and permit requirements of the City of Los Angeles applicable to such animal. (5) The follow~ng animals are exempt from the breeding permit reqUirements: (1) Doge documented as having been appropriately trained and actively used by law enforcement agencies for law enforcement end rescue a~vitles; (2) Degl documented se guide, Iignel, or service dogs pumuent to Delifomls Penal Code 6ect~n 365.5(d), (e) & (f) and ,u(:c:~ser M~ione; (3) Dogs end cats cartifiecl by e licensed veterinarian as not being suitable subjects for SPwiog end neutering due to health reasons; (4) Dogs and cats under the cam of governmental animal· control, agencies; animal rescue organizations whioh have demonstrated.to the DepaWnent that they have Implemented an mlgoing ,my/neuter plan, se Well se in adoption plan; or humane societies or societies for the prevention of cruelty to animals, of such societies are incorporated under the pmviMon of Celifomis Co/poreti0nl Code 6e(:tion 10400 and the Nonprofit Public Benefit Corporation Law in Pert 2 of the Delifomis Corporations Code, beginning at. Section5110, end ~uccoseor ~eWonl; end (5) Dogs do~imented.al.enrolled in,a guide, iignel or servk:e dog breeding program administered by e pamon Iicensecl under Chspter 9.5. Penalties: (1) Any cot or'clog'owner found by.the Department to'be in Violation of the breeding permit .provision of this se~on mw correct the viciation(a) by providing conclusive proof to the Department ~ the dog(a) or cat(a) have been spayed or neutered, or by obtaining the necesamy permits(a) mentioned In this m~tion, no later than forty five days from the date when the Deperlment hid.am notiflid the owner of the violation. Should the owner fail to correct the viMetion(a) in the manner ~ ab(we, the Department shall impose a $500.00 (:ivil=penllty on the dog ~or cat owner. Notice of this penalty shell be sewed by the Department on the dogor c:,t owner in the manner allowed by Se~on 11(i) of this Code. This penalty Shell not be w~ivid by the'Deplrtment upon the transfer or abandonment of the dog or cst by the non complisnt owner. This penalty shall be imposed in addition to any other applicable civil or criminal paneitise; If the dvtl penalty me.snarl above is not ~ and the owner does not spay/neuter his/her dog(s) or cat(s) or oMa'irm the braiding permit(s)required under Subsection (c), above., within fifteen days.from the date when the DePartment first notified the owner of po?.iti, on of ~ Civil. panelty mentioned in 8ectJen. (d)(i), the continuing violation of the breeding permit requlrement.ofthls se~jen become~ a misdemeanor and may be prosecuted es such. (2) The Dep~,~dTtent may'revoke any permit issued. ; Pacific Grove ~ · All dogs and cats are required to be spayed or neutsred unless the'guardian obtains an uneltsred dog permit. ~ · There is a licensing differential of $7.50 for a spayed or neutered animal and $30 for an unaltered animal. · Impoundment .Fe~m for flcermed and spayed0r neutered dogs ere waived; licensed, unaltered dogs may be waived if the gua.rdien signs an agreement to'sp.aylor ne.utortha'dog within 10 days. · .G.u .ardlens~ho w~h to I)rend ~ dog or cat may. purchase, e breeder's permit, which allows no more than one user per,seult femakl'Per yei~,.~3uard. ~ha whb wish to Produce more than one I'dter each'year may apply for a commercial breeder's permit. Or(I. 10.04.t00 (1) Licenled and Sterilized Dogs. For a currenby licensed dog that has been sterilized, the reclaiming owner shall be granted a weaver from the impoundment fee for the firat-time impoundment of the dog. (2) Ucensed Doge, Unetsl41ized. For a licensed but unetenlized dog, the firat-time impoundment fee and unatedlized dog fee may be waived at the request of the reclaiming owner provided that, prior to ~lp. i~gAnimals.com // Resources // Take the Law Into Your Own Hands Page 5 of 13 · release of the dog, the "Delive~y to Veterinarian" procedUre, as defined in subsection (d), is followed. Ord. 10.04.100 (3) (d) Delivery to Velerinarian Procedure; The'owner shall volunteer the animal for sterilization and dspesit the requisite fee v/ith a licensed veterinarian. In return, the veterinarian shall provide the owner with a receipt cewlying that itorilization of the animal ha~ been paid for and scheduled or that health considerations p~cl~de ito~ilimition. Upon presentation of such receipt and ca~rcation to the holding agency, the animal shall be released to the owner. Sterilization'under this procedure shall take !.. place no later than ten days after release,.. In the event of failure to meet the apprspriats deadline, the deposit shallbe forfoitsd, and after cisdu~ng mesonable mits, the veterinarian shall return the remainder to the city or its designee for educational puq)oess related to pet ateritizetion programs. Ord..10.t,.0.10, Sterilization of Adopted Animeis-~Fees. (a) No unsterilized dog or cat shall be released by the city or ~ designee for adoption unless the adopter flint follows the "Delivery to Veterinarian" procedure. Ord..10..1~.040 Breeding. (1) The reClUhement for a breeding permit may be waned if, on the first occasion of such biflf~, the litter is delivered to the 8.P.C.A. for humane disposition, the owner has the parent animal sterilized, and proof of such actiona is provided to the city or its designated representative. (4) Permits shell apply to no more then one litter per adult female par year regardless of litter size, except es folE,-ws: Owners wishing to produce, l~ers at a rate higher than one par year may be issued a commercial breeding permit upon completion of the appropriate aPplication and payment of the fee established by resolution of the council. The commercial breeding permit is not subject to the single litter 8an Malco., ; . .. · Any dog or cat over 6 months of age must be spayed or neutered, unless the guardian holds an unaltered license. · th.,n m" breed,.c denteliy; gU.n ian mum 0b=io. b der, pan.it edd tion to th, unaltered · Any guardlenredeeming an impounded unaltered animal will be required to pay a spay/neuter Me in the amount of $35 in addition to the impound fees imposed. This fee will be refunded il' the animal is spayed or neutered within 30 days. Any unal~red animal impounded twice or more within a 3-year period will be altered at the guardian's expense prior to redemption. At the option of the guardian, required spaying or neutering may be performed by a privato veterinarian. · There ere differential licensing charges: $11 for spayed or neutered dogs and $21 (which Includes a $~50 surcharge for the Animal Population Tmet Fund) for unaltered dogs. SPayed/neutered cats are $6 and $11 for unaltered cate. .. . ..' · Penalties for violation, of spay/neuter ordinances ara fines not to exceed'S100 on the first offense, $200 on the second offense, and $500 for each 'additional violation of the same ordinance within one year. Chap. O.02,0e0, eec. 3332.4 (a) No person Stills own or harbor ;#ithin the City any cat or dog over the age of six months which, has not been spayed or neutered, unless such parson holds either a license to keep an unaltered dog or cat or a license and pormlt for breeding cats or dogs. Chap. 8.02, sec, 3330~0 Upon redemption of any impound.ed unaltered animal, the owner w~li be required ~ to pay a ipay/neufar fee inthe amount of $36.0 in addition to.th.e Impound lies Imposed under ~ection · i 3330:12. Such fee shall be refunclabis upon proof of spaying/neu~ring of the animal within 30 days of the I redemption date, Any unaltered animal impounded twice Or more within a.three-year period shall be i altered' at'the OWner's eXPense p~r tu redemption. At the option.Of the owner, required spaying or i neutering may be performed by a private veterinarisn. .. Colorado' Aurora · Dif~erential licensing ,liows for e.....~."..~ced ~ for spaYed/neute .red animals. · Permits for unalte~ ammais~may be purchased for $25 (in addition to the annual $7 I~cense fee), and the animals are not allowed to breed, · All litters bom are is required to have a litter permit and registration number. · A breeder,s permit required for professional breeders ($SS/yeer) for anyone selling for giving away animals and is required to be displayed for any animal for sale. The permit must be purchased before producing a litter of puppies or kittens. · Cats ere prohibited from running at large. Sec. 14.42'(a) Spay or Neuter Required It shall be unlawful to own, possess or keep in the city any dog or.cat over. the a~l.e,.,pf ~ :~Pg..n, tl:l.~,Jha~)[~..asn~ 1~9. n spayed or neutered, except as provided in subsection (b) of this section. . "' Sec. '14.42 (b) Excel)tionl. The following are exceptions to the spay.or neUter requirements in subsection (a) of this section: (1) Medical. A licensed veterinarian has determined that an animal is medically unsuited to undergo the surgical promKlure. A signed statement from a licensed veterinarian is required and shall state specifically the medical grounds for the exemp0on. ~ ClpingAnimals.com // Resources // Take the Law Into Your Own Hands Page 6 of. 13 .' · (2) Temporeq~ rnedioal. When the animal's medical condition is temporary in nature, the licensed vetadnarinn shall sign a writtan stntamant as to the prognosis ofwhan the surgery may be performed. The date given on that.proguosis shell become.lite expiration data of the tompom~/medical exemption. After .the period of the tamporeP/medical exemption, spay or neutor shell be required unless · licensed vetarirmrian provkles another temporary medical exemption and prognosis of when the surgery may be ~ performed. · . ,.., . · ...... (3) Trasmlt=r_~ stnt~m. An animal which is temporarily in the city. v~n an animal is temporarily in the city · ....... · ......... . :... :.. :....f0t.: breading puql,.the .mmmr of m~h animal.l~required to have and present, when requested, s .... ~ osrtiflcata of health Iigned by a Ilosrmed veterinarian. (4) Intn~t permit An w obtaln~ an annual intsot animal permit and is in compliance with the city annual Iiosnalng requiremants contained in this chapter. ! ~ec. t4'42 (o) Lil~r Permit and Regiltration Numl~r. All littam, or a portion thereof, of puppies or , kittens that are to be whelped, queened, sold, traded, bedered; given ;~vey, or othem, ise transferred within the City of Aurem shell have a litter permit and registration number. (1) The owner or possessor shall obtain a litter permit and registrotion number within one week of obtaining possession of any litter, or portion thereof, of puppies oddttant (2) Ownem or postessore shall abide by all the litter permit end registration administrative redulrementa. (3)The litter pemlit and regletretion number requirements, of this subse~;=Uon shall not. KOply to pet shops.. . . ..................... · ......... .. .......... 8es, t4-4~- (d) PenalW.-Any~wner found' guilty of ¥leleting this 'section and not ciaseified within the exceptions shall be eubJeot to both fine and Imprisonment as provided by esction 1-13 if this Code. Upon the fimt conviotion, the court shall impost a fine of not less that $t00.00. A portion of the minimum monetary lines and irr~rbonment mw be euapencled by the municipal court only if the owner of any animal in violation presents to the court proof of the spay or neuter of the animal. Upon s second conviction, in addition to any penalty provided by.asction 113, the owner shell be required to spay or neutor the animal (unless the owner provides a written statement from a liosnsed veterinarian that the spay or neuter procedure would be harmful or dangereuato the health'of the animal). Nothing in this subsection ·shall be construed es preventing ~be animal care officer from instituting · precoeding in the · munioipel court for violation of this stclion where there has been no impoundment. DlllVer . : '" · nmeding is,ieg. I in mnvercounty. ". · Spaying and neutering is mandatory for all animals over 6 months old unless there is a medical reason for an exemption. .. · Gunrdlene who do not want to spay or neuter their companion animals must pay $43 each year for an "intact permit." If denied an Intact permit, by law the animal must be spayed or neutered. An intact permit is not · breeding .pe.....rmit; breeding is illegal, . · If guardians fall to comply with the SpaY/neUter municipal codes, the animal's license will be revoked and the animal could be impounded.. we .~are m .me res}~. ;.ants of .the city by red~g me .number of stray dogs and osta. The council finds that .e. acn year tens of though., n,I ~.f_dogs and ~.ire euthanized..in the.city because they are not wohted. It is me purpose of this section.to e,mlneta"the excossive numbemof unwanted animals end thereby stop the needless Idlllng of these animals by re~dqing the breeding practicos of pet. owners and 13feeders through legislation thot is both reasonable and enforcoable. Oral. No. N04~, 8es. 0-1't. It shell be unlawful to own, possess or keep tn the city any dog or cat Over the age of alx (6) months that has not been spayed or neutered. Oral, No, 0004~, 8so. ~-1'3. Notwithstanding the provialone of sections 1-13, any poreon cited with violation of this article shall have his or bar citation dismisstd if there is proof of complianos with the terms of thi~ articta' within thirty (30) dn'y~ of Ih~ ~late of the Summons or impoUndment. Lake County · Differential fines for animals running'loose charging allow for $100 for unaltered animals end $25 for spayed/neutered animals. Illinois Ro~k taland · It Is mandatory to spay or rtelltar all dog~ end cate tlnless the guardian p~y~ for en "unaltered license" (I30). · Differential llconeing establishes fees of $6 for spayed/neutered enimels end $30 for unaltered animals. Discounts for senior c~izens ere $15 for unaltered enimale end $3 for spayed or ne~ltllred enimaie. · Breedere must also pey · license fee of $6 for each dog over 6 months of ege in addition to the 150 breeding llmnse. · Any dog or cat who le Impounded for the second time will be epayed or neutered. The guardian will pay · I50 penelty fee in addition to the reesoneble co~t of thle mendetor/slerilization when redeeming the animal from the ' la~ayord · ttP://Www, h=lpinganJmals.com/r~s .asp · :?~:,;.:;.. ;.:.:.~,.~? ,~.~:~?~:;.:. ~., ~.~ ' ' · ~, ~+...,'~,. .,.. t: ,..i::.~! {.~li;.~..'.~':~'.~ ~_j~.-;:.! ;.I;l~..-a~?.~,;~ t,'t~.'~.~, . .'L:. ' .~ - ; . . ' ' ' ~' '... [elpi~gAnimals.corn // Resources // Take ~he Law Into Your Own Hands Page 7 of 13 ' shelter. DIv. 2, DOgl'lnd Cltl. 8so. ?-t4~. Spaying And Neutering: (a) No person shall own, ha~oor or keep within the City any cat or dog ~ve; the age of.~x (6) months which has not been spayed or neutered, unless such pemon holds elthir'a I~nse for breeding cats or dogs issued by the City or possesses an unaltered dog or cat license ss stated in this section or a written car~icate from a licensed veterinarian that, due to health considerations, the animal should not be spayed or neutered. Div. 3, Impoundment' Sea. ?-14, (3) Any dog or cat that is impounded e second time within a one-year period al~ll be all.ed. The owner shall pay a penalty in the sum Of fitty dollars ($50.00) for a second Impoundment end in oddition thereto the reasonable coat for the mandatory altering of the animal il' the altering would not endanger the health of the animal. Indiana Bloomington . ·Any guardians who Intentionally or unintentionally cause or allow their companion animal to breed must first acquire a breeding permit. · Bmedem em required to keep e record of III.birtl~ MIss, information on each buyer, and proof that each animal wa. ~,y bred. · · Breeders"re llmaed to. only one I~er ssch Year. · Permit fees are waived f°r.guardisnswbe spay Or neuter their animal within 14 weeks at~r giving birth to a litter or who relinqui~ the adult dog or cat to the animal shelter. ·: .: : · . . . .. ?.~.6¶ti, Minor Breeder Permit Requirsd. NO individual or bUsiness shall be a minor breeder without obtaining a permit in compliance ~ this chapter. (a) A mlnor'breoder permit Shall be ~OMilined by: (1) Any individual who Intentionally or unintentionally causes or ellOw~ the breeding of I cat.~' dog, or.makeS · ~t ~r'!gog available for breeding purposes; or (2) Any person Wbe'o~em for aais, sslis;' .~.' .ss, t~caiVss, for any compensation or gives away any litter of (b) Minor' breede~l shall alSO.:.' (1) Breed o.nly one dog or'0..ne, cat .which yesuits in the birthing of a 'm~ximum of one litter in e Iwe~onth period; (2) NOt'offer for sale; Sell, Irede, receive any compenlalion ~ give away more than One litter.of dogs or.one litter or.cats in s twelve-month period, with the ~xoePtion of a litterof dogs or cats teben to the animal shelter, (3) Keep records as to the birth of each tilter of doge or cats ss may be required by'the anImal control department; (4) Keep records of the name, eddrese and tolaphone number of ss.ch buyer or new owner of any dog or cat sold or transferred; (5] Furnish to e~ buyer or new owner, of an animal the minor breeder permit number of the minor breeder in order that the new owner has Proof and assurance lhetthe animal was legally bred; {$) Not offer a puppy or Id~n under ~.e age of eigM.waekl ~ oge"fer'!.ale, trade, or other compense§on or free giveaway, with the exseption of anImals taken.to the'animal ~lter, (7)Recommend.that a0y animal sold, transferred or given ~ be ex, mined by · Iicansod vellrirmrlan within one week of he date of transfer; and (8) Lisl timlr minor breeder permit number on all public notices odvertislng the sale or free giveaway of litters of or Individual puppies or kittens. (c) Any owner or person having custody of a ~log or cat which has been altered within fourteen weeks after giving birth to a litter or who relinquishes the adult dog or cat.to the animal shelter within fourieen weeks of the birth date of the litter shell have all permit requirements waived. ?.22.620, Major Breeder Permlt'Requiredl No individual Or business shall be s major breeder without obtaining a permit in compliance with this chapter. (s) A major breeder permit shall be obtained by: (1) Any individual who intentionally or unintentionally causes or allows the breeding of a cat or dog, or maliss a cat or dog' available for breeding purposes; or (2) Any person who offers fora,Is, sells, tmdes,-recaive$ for any compensation or gives away any I~er of dogs or cats,, with the exception of Ilt~ teken to the animal sheller. (b) Major breeders shall else: (1) Not allow Ibe birthing of more than one litter per female dog or cat in a twelve*mon~ period; (2) Keep record~ aa to ltm birth of each litter of dogs or cats aa may be required by the animal control deperiment, (3) Keep records of the name, address and telephone number of each buyer or new owner of any dog'or cat sold Or transferred;' (4) Furnish to ssch buyer or new owner of an animal the major breeder permit number of the major breeder in Order that the new owner has proof and aseursnca that ~ animal was lagelly bred; (5) Not offer a puppy or kilien under the age of eight weeks of age for sale, trade, or other compensation or free giveaway,.with the exception of animals taken to the animal shelter, (6) Recommend that any animal sold, transferred or given away be examined by a Iiconsed veterinertsn within one w~ek of the date of trensfor; and'(7) List their major breeder number on all publlo notices edvertlein? the seis Or free giveaway of Iitter~ of or individual puppies or kittens. ?.2~.~, Breeder PermIt Periods. (a) Minor breeder permits Shall be valid for a period of one year from the date of issuance. (b) Major breeder permits shall be issued on a litter*by.litter basis and shall be valid for one year from the date of application. ' ?.22.060, Fees. Fees for breeder permits shall be: (a} Minor breeder permit $60.00; (b) Major breeder permit $100.00 per litter. ,~,J-,-,s,~uu.-w-',.~um//~¢sources//i axe me caw Jnm Your Own Hands Pa~e 8 of 1 i Fort Wayne · Thoro is e licensing differontlal charging $4 for spayed or neuterod animals end $25 for unaltered animals. i · Breeding is illegal unless 8 guardian obtains either a minor or major breeding permit. ". ...... - '' "'"' '"- * minor'bresding.perm" m~ta'.~40"ndmsYbb~obt"ined by a guardian WhO. intentionallY or accidentally'ce,se, the.breeding of a cat or dog and who of Ism any liters for sale or trade. · A major breeding permit costs $100 each year in addition to · kannel/cattery fee. This ia for professional breeders. · If guardians spay or neuter an 'animal within '10 wsalm of the birth of e litter, the guardians must purchase ;~ minor breeder permit for $10. · Breeclero are only permitted to allow their animals to ha~e one litter in a 12-month pedod. · Guardians who allow their animals to breed and do not wish to spay or neuter or relinqUish the ar~imale to tit~e Department of Animal Control, must have their animals microchipped and registered within 30 days of receiving a notice. · Guardians of animals who have bred ere required to fumleh animal control with information on the birth of i~ach · . ...... · ......... · :litter~. as well as re(x)rde of.eskl~ adoption, bt'yaro/edopters (name; address, phons number), end must immunize all animals in each litter. Ord. 9t.066. Major Brooders PermiL(A) A rr~jor breeciar'e permit shall be obtained by: (1) Any person who intentionefly or accidentally causes the breeding of a cat ar dog or makes a cat or dog available for breeding purposes: or (2) Any person who offers for sale, ,ella, trades, receives other compensation or gives away any litters of dogs oi' cate; excapUng I litter of dogs o~ cats taken to the Department of Animal Control; (B) And such parse1 shall: (1) Not allow the birthing of more than one litter per female dog or cat ~ in a 12-month period; and (2) Furnish the Department of Animal Conbol with information on the birth of each litter of dogs or cate as may be required by Department of Animal control to register that litter of , dogs or cats with Department of Animal Control, amd to be oMigned e litter number for each litter. Ord. ~'1.066. Minor Breeders Permit. (A) A minor breeder's permit Shall be obtained by: (I) Any perS0r~: .' ~ .who intentionally or a~entelly causes the breeding of a cat or dog or makes a cat or dogs available for · f' breeding purp0oes; (2) Any person who offers for sets, sales, tmdsa, receives other compensation or gives 8w~y any litters of dogs.or, ca .~.; excepting 8 litter of dng~ or cate taken to the Department of Animal .C~.ntrol; (.3.) Any owner or person haying custody of a dog or cat ~that ha8 delivered a litter or caused the i oelivery OT a litter, who chooses not to relinquish the animal to the Department of Animal Control and also c~.0oo?~, not ~.l~ave the.animal I~cayed or neutered 8hall cauoo the animal to be implanted with a mlaocnq) efta G) register thio dog or cat within 30. clays of hiving re~e!vec! notice to ocoompllsh this ~ procedure from the Department of Animsi ContrOl..(B) And such person shall: (1) Be allowed to breed only ~ one dog or one cat which remJIta in. the birthing of ii maximum of one litter in a 12-month period... (8)(C) AnY owner m' pomort having custody of o dog.0r cat which has been neutered within 10 weeks after giving birth to a litter 0; who turns.th~t~ edt;it dog. or .Git.Mr to the Department of Arlimal Control within 10 weeks of the birth chats of'the litta~ wil! be required 'rd purchase a minor broader permit at the rata of $1 o. (D) Any ' ' ~ owner or person having custody Of a dog Or cat which h.es deliverod a litter, who chocae8 not to relinquish said animal to Ute D~ peflmertt of. Animal Control and als0 choose~ not to have the animal neutered, will ~. be re~l..u, irecl_~, puroh ..a~e.a ..m. ino.r brsa~l, erpefmit a_t the rate of $40 plus any applicable kennel/cattery I · parma fee. Tee permit mliUl aa ISeUOO provided ali roquiromant8 of th.is chapter are met. Hamilton County · Spaying and Neutering is mandatory by the time any dog or cat ia'9'm°nth$ old unless the guardian obtains; a $50 breeder's permit. . . (l~y guarcl~n !nl~ent~.. rlally .or. O(;ctdontlll,ly.bre~cling an animal is requirod to purchase the ~ breeders permiL · The ordinance alisa Iim~ the number of litters a breeder can have, sail, trade or give away. Maryland. BalUmore 011). · Dif~renU81 licensing charges $10. for· 8payed or neutered dog or cat .nd $30 for an unaltered animal. · In April 2002, a ~aw waa psased that gives animal control the authority to put a microchip implant into enema, Is the ,mt Urea they ara found roaming the ~eeto. · Cln:t~a.ec~impoundment,~anlm.l~ls mquirod tobe.peyed or neutared at the guardian'a expense. ~ ' 8es. t0-30g (c) Impoundment; CondiUons for Retum to Ovmero. (1)'On a first or subsequent ~ impoundment of'a dog or ~ the Commi"Slener may roqUiro that, me e condiUon for the animal's return to · ' ~ owner or keeper:. (i) · microchip, containing the Information .the Commissioner specifies, be surgically ~ !.mp~nted in the enema. I; and (ii) the owner or keeper agree to keep the Information current, as directed by me ~.;ommisaioner. (2) On a second or subsequent Impoundment, the Commissioner may require that, aa · . s condition of the animal's rotum to Its owner or keeper, the animal to be altered. (3) The costs incurred in these procedure,s must be paid by the owner or keeper when reclaiming the animal. ~ Nlontgome~y County i-IelpiflgAnimals.corn // ResOurces // Take the Law Into Your Own Hands Page 9'of 13 · Animal control agencies end cheilare have be authority to spay or neuter any dog or cat that is impounded two or mom tim~, at the owner's a~q~nse. · The county is mandetodto provide the countY residents with apaylneuter clinics and oiler services at uniform or reduced rate :: .. , . . $~. ~303 (7) (d) Multiple Impoundments. (1) If an unaltered dog or cat is Impounded 2 or more times, the owner must have the animal altered st the owner's expanse or surrender the animal to the Director. kc, ~403 (a) The county directly or by contract must e~mblish one or mom clinics where countY msidante may have dog~ or ci~ elt~ed in s humane manner by a licenm~cl vemrinarien for a fee set by regulation. The ~ounty rn.y contract for. altering servi~ by a licensed veterinarian at the veterinarian's own place of business. The fee may be: (1) uniform or based on ability to pay; and (2) waived or reduced for financial hardship. i St. Loufe , Any impounded stray animal'will be spayed Or neutered .t the guardian's expense. · All stray animals caught or impounded by animal control will be microchippad. · Differential licerming'ctmrgee $50 for .unaltered animals and $4 for spayed or neutered animals. - · Any citizen who fells to comply with'this ordinance will be fined. kc. t0.04.t60 to. t0.04.160 Release fose--dogs or cat~. No dog or cat should.be, finally released unless procedures approved by the Health Commissioner to have it spayed or neutered and micro-chipped for identification have been followed. · ~. 10,04.056 Neuter Assistance and Edur~tion Fund. Afl Fees and penalties collected under the provisions of 8ectiorm t0.04.t60 and t0.04.160, not to exceed .Twenty Thousend Dollars ($20,000) each . fie:al year, shell be deposited into eapaclal fund to be known as the Neuter Assistance and Education Fund(the Fund). The purpose of the Fund'shell be to offer financial a~nce to qualified St. Louis City restdents for the spaying end neutering of their dogs and cate and to create public awareness regarding efforts to central patoveq~opulation tn. tbs CRy of St. Louis ....No dog or cat Ihould be finally released unless procedures approved by the Health Commissioner to have it spayed or neutered have been followed. i New Mexico [. McKinley ~,ount~ · DifFerandel licensing charges $26 for unaltered dogs and cats and $5 for spayed or neutered animals. · With proof of sterilization, the county will refund $20 of the unaltered licerme fee If provided within 45 days. · Breeders are required to pay;,en·.edditionel ~5 for a. breeder's permit. 0-2-t6: (A) Ucense Feea: 1. The annual license fee for each unrteutored or unapayed dog or cat shall be $25.00; $20.0.0 wtfi be refunded If proof of ~paying or neutering 'is provided .to the Center within forty-five (46) days. 2. The. annual license fee for each unneutored or.unspayed dog or cat which ia owned by a parson sixty-two (62) years of age or omar shell IDa $26.00. annuafly; $22.00 will be refunded if spayed or f~utered within forty-five (46) day& 3. For each i~utered or spayed dog or cat, and for each do0 or cat for which neuMring or ~payiog has been certified eaa surgical risk, the annual sterilized license Fee shall be $5.00.. Proof of qualification for sterilized license can only be made with a written certificate from a licensed veterinarian stating that tho animal has been neutered, or spayed or that neutering or spaying would be e surgical ri~k for the animal due to the animars age or condition. 4. The license fee shaft not ~ ,p,.ly to,lq~ecie!.ly,...t~, ined ~l.(~..~ed..,~l~a~,q~.. d, or ~.pt for the pufposs of assisting the blind or the deaf. New Jemey i Camden ! · Dogs and cats over the age of 6 month~ must be spayed or neutered. · Animals with extreme medical conditions are excepted from the ordinance. ~ · Guardians of animals kept unaltered ~r'any purpuse must meet certain animal-care requirements and must obtain i an annual permit from the city for $100. · The Iow does not apply to ~l~imad~ ksptin Camden for.fewer than 30 days in a one-year period. ! § 210-39. Spaying or neutering required. [Amended 6-5-t999 by Ord, ldo. MC-3502] It shell be unlawful to own, possess or keep in the CRy any dog or cat over the age of six months that has not been spayed or neutered, except as provided in § 210-40 of this article. § 210-40. Exceptions; permit to keep unspayed or unneuterad pal · · ..lpingAnimals.com // Resources // Take the Law Into Your Own H~mds Page lO,,of, 13. The above prohibition shall not epply in the following situations: A. S .tatemant of vetorina~n. If a licansed veterinarian states, in wrRing, that an animal is unfit to undergo ........ ..... ..... .the.required luril!cal.l~cedure.beaiUle.of In extreme health condition of the animal. Such extreme health condition~ ahNI include, but not be limited to: severn cardiOvaScUlar comprise, bleeding disorder, respiratory disease and hepatic disease. The old age of an animal shall not, of itself, constitute an extreme health condition for purposes of this section. · B. if an animal is kept intact for anY purpose, the owner of the animal shell be required to annually obtain a permit from.'the City to possess an animal that is .not spayed or neutered. The permit shall be obtained for $1O0 and shell be issued or renewed only if the City determines that the following conditions heve been mat: [Amended 8.5-1998 by Ord. No. MC-aS02:3-22-2001 by Ord. No. MC-3643] (1) The animal is examined regularly bY'a licansed veterinarian. t (2) The animal is vaccinated annually for rabies and other common diseases. . ........... . ..: (3) The animal it housed properly... ...... . .... .' ' .... .... (;4)'The owner hse not been in violation of other animal-related ordinance or aisle laws.in the Past 24 I months. C. if an animal is temporarily in the City to participate in a show or event sponsored by · nonprofit, senctioned animal organization. O. If an animal i~°wned,'pseMmsed or kept in the City for fewer than 30 daye in a one-year period. However, the owner must show proof of ownemhip and realdancy in a town other than the City with e valid, up-to-data dog er cat (if applicable) license and other. New York New York City · All shelters and animal control agencies have the authogty to spay/neUter all animals that are impounded, whether the animals ara .adopted or returned to their gUardians. · All shelters are required to provide sterilization sewicas (excePtions ara ·made for registered show dogs with proof of r~iaby) · )dl animaia bought from a pet shop must be spayed or neutered. Chap. e. ~eo. t?'-804. Sterilization Required. ~. No'fufl-servk~ aheiter o~' other shelter for home]ass ,I)~: imasa required b) h ~1~1. Ii.iX)/~.~ kl~W(Jp.ulzulnt to a .ul~l. iviaion (b) of..se ..c~ion 16.1 .~ of the New York.' City health code ~hell remase a'aog or'cat to a parson aalming ownemnlp: thereof, ,or. to a parson aonpttng such dog or caL unless such dog or oat has been sterilized by a liconmKI Vetorinanen: provided, however, that such requirement shell not apply: (1) if a IiosnmKI veterinarian certifies to such'shelter that he or she ' has examined'such dog or cat and found that because of a medical reason, the life of such dog or cat WOuld be endangered by sterilization: provided, however, that such mason shall not consist solely of the youth of suCh dog or cat. if such dog or cat is at least eight weal~ of age. ~ Chip. 8, 8es. 17.404 (4) b. No pet shop shall release to a cansumer · dog or Gat that has not been i sterilized by a Ik~need vetadnerian: provided, however, that such requirement shell not apply to a ~ consumer who presents to the pet shop a letter from such consUmer's limneed veterinarian, da. ted with? : the immediately pre(xKiing ten days, Italing the raasen(a) why, in the 0pinion of such veterinana.n., su.~ dog or Mt Ihoukl not be !t~. dlized until I liter " of iUch letter. Such letter thai] Mate that auGh vetarlnermn wm cause au(m (]og or cat to De areal=aa at me request of mJch consumer on or before such law spsoifled data. Such veterinarian shall also pmvicle to ! the pet shop acartiflcate, in such form and manner as'determined by rules promulgated by the I depaWnant, steting the date on which ~uch sterilization was performed. Any consumer who provides a pet ~hop with a terror with re~ to · later stedliz.tion of a dog or cat must ensure that such animal is sterilized by the date indicated in the letter. i North Carolina , Ashevllle .. . .Requires °wDem'of:fertile animlla to pay a $100 permit fee and calls fora $200 fine if owners don't have an animal spayed or neutered within 30 days of receiving a citation. · Makes it illegal to have a fable animal older then 6 months without pUrchaSing a permit. · · Prohibits animal adoption in PubIic places Unless the group conducting the adoption has a nonprofit status and unleas the animal, are spayed or neutered. Change~ ~ the Animal Control Ordinance Prior to Mly 17', 200~: · City Council will have, to decide between adopting a differential licensing or fertile animal permit scheme: ~ A. Dlflemnti=l Ii(=ln~ing Ma for brUte and .nferttte dogs, Sea. 3.~ Annual Registrar/on for Dogs tel,ping. Animals.corn//Resources//Take the Law Into Your Own Hands Page 11 of 13 1. Annual registration for speyed/nsutered dogs will be leis than that for fertile dogs. 2. Owner muat provide proof of sl~rlllaWon when initially registering a dog. 3. The Fees and Chergss Commltlee will set the annual fertile end unfertile license foes. B. The Fertile Aninmi pen~a 1. The owner of a fertile animal will have to p,y the City a one-time $100.00 permit fee to keep a fertile animal within the city. 2. The City will only enforce this sectian if the Anlmel Control Officer is Investigating another violation of the ordinance; 3. If the owner if found Ix) have a fertile animal without a permiL the fine ia $200.00 .4. If the owner get! the animll spayed or neutered within 30 days of the Issuance of the fine, the City will waive the fine. ! Bunceml~'.C~u~y ' ,.. · Cats and dogs over the age of 6 months must be spayed or neutered. · Guardiane'of unaltered animals are required to hold a $100 unaltered animal permit · Citations will be issued to those guardians of unaltered animals who do not hold a permit if they are also in violation of any other aspect of the county'a ordinances pe~teining to animals. · ~en~' lind police d"gl, inimeis kept'in the;G~unty ~or less'than 30 day~, and those ca,fled by a veterinarian to be unlit f~r ,lltora..~or~.,beceu.~...M,. l~:wdi~.l cel~...!!~...mi am exempt from the. ordinance. Ordinance # 0~-12-15 Ordlnance, Amending ChaPlet e "Anim~le" of the county Code of Ordinances Dog end Cat OverpOpulation ' ' ' SpaYing and neutering requirements;' unaltered animals permit required.. No person shall own or harbor any dog or cat over the..ga of six montha that ha~ not been Spayed or neutered unless such person holds an unalfered animal permit ilsuad for euch animal by the department of animal service~, or any successor .gency authorized, bY Iow t~ Iseue such a Pa. rail except: (a) pemone who.own or ha(oor ssrvicedoge or police wo/t< dogs; (b)individuela who are nih-re,dante of Buncombe. County and reside temporarily therein for a period not ~o exceed thirty daYS; (c) animal shelters'and veterinary hospitals; and (d) persons who own or he(Dot a dog or cat end who ere in pcesession of a certification signed by a licensed veterinarian ataUng that such animal is unfit to be spayed or neutered becau, se such procedure would endanger the life of such animal. Obtaining an Unaltered Animal Permit Applicento must apply for P~rmits required by thia sscti°nwith the Director of Animal Services. The fee for an unaltered animal permit shall be one hundred dollars. A I~g will be Issued identifying the animal as an i unaltered animal end muot be dllpiayed at"all time~. i ' E~IK~/ve dele Febme~ f, 200~. ~ ~0 days e~er me e(McWve date, were/ag cita#ons will be I~Suad i unaltered enirnels without a permit After April 1, 2004, citations will be issued to owners of unaltered ~ animals not holding e permit. If the animal is altered within 30 days, the citation will be waived. A citation will only be iseuad under, this section if the animal is in violation of another provision of Chapter Ohio Athene . · Any. dog or cat ove.r the "ge of six month~ muat be spayed or neutered before being sold or given away. · Any dog or cat under.the ."ge.of s..ix m.~ths..mUat heve proof of the purchase of sp.y or neuter services from a licensed veterinarian. · Violations ere subject to a minor misdemeanor fine of up to $1 O0 with proceeds paid to the County Sick and Injured Animal Fund. ~ectJ°n g.OI.0g. Spaying end Neute~iog of Doge end C~te It shall be unlawful to sell Or give away in the City of Athene, Ohio, any dog or cat over the age of six months that has not been spayed or neutered, except es provided in the exceptions contained herein. !. It shall be unlawful to sell or give away in the City of Athene, Ohio, ,ny dog or cat under the age of six montha without proof of purchase of spay or:neuter ss~cea from a Ilceneed veterinarian, including a . signed otatement from the'licensed velerinkrian 'that such sewices will be rendered by the age of six months. h~)://www.hc]p~ganlma]s.com/r¢~_]aw~pa¥o~l.asp .~: ..... .,;.., '~ .,..:~ :. ~.;. :;.:: ........ -.. .... . · :lpingAnimals.com // Resources // Take &e Law Into Your Own Hands Page 1~ of.~l 3. ......... i i. There is hereby excepted from the Ilene of this Athene City Code Section the following; . ! (A) Any dog or cat that · Iiconsed vetsrinarisn has determined b medically unsuited to undergo the i sterilization procedure. A signed stetsment from a licensed veterinarian is required, and the signed ; statement shall state specifically the medical grounds for the exemption.. When the dog or cat's medical i condition precluding spaying or neutoring is temporary, the licensed Veterinarian shall sign a written i · statement as to the prognosis of when the surgery may be performed. The dog or cat shall be spayed or ! neut~rsd immeglatoly upon tt~ expiration of the medicol condition unless the veterinarian signs another i written statement indicating the dog or cat's medical condition precludes it. ~ (B) The breeder of s dog or cat may sell or pisca their animals Intact. The breeder of a dog or cat is ~ defined es a person who owns or leases the dog or cat when the dam or queen was bred. To qualify for .~ .thla exemption, the breeder must Iiva. in Iha City of Athens, Ohio.' Proofof spay or neuter procedures for · ..... · ..........· I ....... .. :dogs ~nd cats oovered bersunder~'.shalH~e the.responsibility of Ihs seller, or person gMog the dog or cat' away. Evidence of spay or neuter prosedures shall be available to the. Aihene City Dog Warden upon request Any person cited pursuant to this section of the Athens City Code, shall have the citation dismissed, if there is proof of compliance within fourteen days after the date of the citation. Any person found guilty of viol.ting this section of the Athens City Code shall be sUbjeof'to'a minor misdemeanor fine of up to one hundred dollars ($100.00) with proceeds paid to the County Sick and Injured Animal .Fund. Each day, after the ~diog of guilty, that Ihs violation continues shall constitute a separate offense.Virginia RIGhmond · . Spaying end neutering is mandatory, unlesegg, ardlan~.pay $100 s year for a breeder's permit · If the guardimm foll to pUmhsee the permit, they wlil be fined an additional $50. · Bresding restrictions limit unsterilized animals to only whelp one litter per animal within the permit year. ~ $eo. 4-~?. (a) No person, shall caU..se or allow any dog or cat..owned, hsrbpred or kept within the City of . · Richmond ~o bmod Without flint obtaining a breeding permit, as described below. The term 'breeding. ,. permit' means · written authorization, Issued annually by the Deportment of Public Health, giving its lawful holder permission to breed s dog or a cat. (b) Each breeding permit Shall be valid for one year from '"' the date of bsuc~n, ce, and.may be.renewed ~mnually before its. expiration date. Each applicant for such a permit shall pay an ~rmual fee of one hundred .dollars ($100.00) per dog or cat. A separate permit must be obteined for each owned.d0g ot cat Which la ,llowed !0 breed; . bo, 4-1'/' (c) (t) The '0wrier ~ i female ~fo~'ir cat th'at la not'sterillaed Shall not all°w the Whelping of '" mom than one littar per'animal in any household wiihln Ihs permit Year..' 'l Washington '. King County " · NI dogs and cola over 6 months old must be spayed or neutered unless the guardian buys an unaltered license for $55. ' · The county wa,~ olao very ~ggrsasiva'°tmarklting 11~ liconasa by meldng vertous grocery stoma, pet suppl,,~ sho~, and veterinslY clini~ ~ff~,ma~ sol .e~, .,,o,u~ts as well as operating door-to-door sales. · It la illegal'to edvortise to King County residents the availability of any unaltered dog or cat. Chap IV, 8e¢. '1t.04A00. MandetorYSpeying.and Neutering A. No person Shall own or harbor any cat or dog over tho age of six months that hse not been spayed or neutered unless the person holds an. unaltered animal license for the animal pursuant to K.C.C. 11.04.030. chaP. IV, aec. tt.04.~'10. Unsltamd Dogs end Cate. Advertising requirements. No person in unincorporated King county shall publish or advertise to King County residents the'availability of any unaltered cat or dog unless the publication or edvartisement includes: the unaltered animal's license number or the animal's Juvenile license number, provided, however that noIhing in this chapter shall p.~rohibit licensed bresdem from sdva~si.ng In netionsl publications for asia of s planned litter or litters. Tacoma · It is mandatory to spay or neutor animals impounded for the second time. · .4, licensing dif~rsntiel increaead Iicansing of unelterod animals from $14 to $50. You C"n Improve the fives ofd-°~ argl e. ati tuf~rin_o from cruel _ty and nealj~. Fon~mrd this to friends. Petfit~der Library Page 1 of 2 O~..Or ~ ~ ~ AI Ind~ I~) A~E ~ L~ng ~e~ OuL..Or Not : All: ~ - A ~ N Ind~/O~r I~uea · GENDER ~mpanion Ani~ P~ ~r z~P ~ c~, STA~OV ~ .. mom andm~ ~ am ~ng in - b~ming.~n~ ~, ~at i~. P~c ~Ev~ ~ As su~, ~ ~ geneml~ ~ading longer, hea~l~ I~. ~.~.~- ....... ind~r ~ ~ ~ ~ ~n to ~ y~ ~ld, ~d ~y ~ u~ ~. ~n~s xpanded ~ who am o~r ~n ~. ~~ o~n~ m~ au~ ~r ~'. :' e~mnme~ ~ I~ on ~e ~ J~ ~i~, ~ or hU~"~;'~d no 0~~'~ m~ing ~hi~; 81~ MAP Y~, ~en we ~ t° make our ~ ~d~n~ ~mpan~ns, we have a ~ponsi~l~ ~ p~ide ~e sflmul~ ~ n~m pm~d~ p~s a~mafl~l~. 8~ing n~ climbing ~ ~me ~eud~s; ~;~ in~e t~ ~mme hued hims, ~gs and fl~d mi~. A ~ng a~y ~ ~t pla~hings pm~d. ~eme~, ~d~ and ~e~. SHELT~6 ~at ~, many ~ ~ ~11 p~r ~ aham ~e Gm~ O~oom w~ va~n~ns am im~ ~ Indoor ~., ~y am .~n~al to t~ h~ ' ~ ~ ~ts .11~ o~ide. The ~il d a galen or y~ ~n ~r di~a.s ~SS~F~;~ spread ~ ~, u~e~na~d m~ ~r m~ ~8. ~d rabies has . ~ 8p~d wet mu~ ~ ~ ~nW, ~~ ~nly ~gh a~ons -~ ~ ~ldl~ 8u~ as ~, m~n8 and ~. -I~ & ~ · E~NT CALENDAR ~e "~ ~ ~ ~1~ ~ ~ ~ ~Jw ~ Ume ~m is to e~er ~.~in him ~'~ ~.~ ~.~-~.or.~ HAPPY ~AIL~ s~n~n en~um ~ ~nmd4n ~ ~ ~ ~-p~f ~ng. · ~ Hold ~e Une HELP ~ ~ESS Harness ~ining,'like maw ~ing8, is ~81~ ~ug~ during ki~enh~d: B~ AD~RTISE ~me adult ~ ~n a~ima~ to ~. Choo~ a ~gu~ or H~e ham.s and mak~ sum ~ ~ w~l. ~e · i8 ~ht ~ ~u ~ ~m~ g~ your finger ~ ~ ~ 8~ ~ harness.) N ~m, p~ min~. ~ a Ume, p~mbly Ju~ ~m m~Wme or du~ng play hlmor ~r ~mg ~'~n~ ~r a ~ ~ .h~ ~ns; ~y nemy In ~ ~e I~sh ~ ~ ~ing. ~e ne~ ~p 18 ~ pi~ up ~e 1~ah and ~11~ ~e ~ around ~e h~. ~i8 ~11 all~ ~ ~t to get u~d ~ a human ~ll~ng ~hind, p~or to p~iding genUe guidan~ with ~e leaah. ~etfinder Library Page V~en..Y°Ur cot Is.comfortS. ble.!aldng light dire~0n, Proceed to a quiet area ' · '. . outdoom~' Keep y.OUr flint..~e.. ~.Shm~,'f~nt ~ Upbeat; little food . .... .. peeled for oil-leash dogs, in-line ~ta!:l:or b .icy~i~ts who could'pUt'Tabby ": ' .'.." ' in danger Or give her asCam. ' ......."'. ' · Hey, Fen~.e Me Inl Since outdoor enclcoums can be homemade or commercially constructed, they come in all shape~ and sizes. For durability, chain link, chicken wire or wire mesh hardware cloth - secured around a simple wood frame - is .. preferable to ordinary window screening. Roofing le, neceseltY Since cots am exceptional climbe~. The mcet ~ucce~ful ~ructures Include climbing and resting furniture inside. A ,haded area complete with · water bowl is · requimdforwermorhotweetherusege. · VVhether you choose an outdoor enclosure or add m-proof netting to the · .top of trsditional fencing, remember that they are best used only when you are at home and oUtdoors with your cots or able to check on them often. Pet thaf~ only takes · few moments,, whether perpetrated by P!~ky neighborhood ki~ or an organized group rou.,nding up mnim. als to sell to research facilities. Don't forget, a miorochlp, tattoo or ID tag is'the very thing to reunite you and your family feline ff all precoutions Fail ' J~8.PCA · New York, NY 10128-8804 postage. Click Here b~ ,~ee What '... . http://.www.petfinder, org/joumaliadex,cgi. ~a~publie~.. i.vingwithy OUrpe ~ts/iadooro '.utfloorissue s/t";5 ~' ;'g;';:' ~/10t~;006 ,ur Chi.is Safer Indoors Page 1 of 2 Policy and Guidan~ Your Cat h Safer lndoom Sm~en~ B~di~ ~ Oom~& N~ · ~m.- ~.r- ~uu ~ for doi~ ~. M~ ~ do ~ ~ ~e~ m~ co~ ~ f~ ~m m do ~. B~ not so · ~a~m wi~ ~e ~ How w~d~ ~is w~ld world ~ ~ h~n ~ ~d ~ ~ ~ w~ n~, nd not ~ ~ ~y d~elop W due ~ b~ ~ y~ ~ b ~t h~ no ~e ~ ~pl~ a~ut him. In ord~ · ~ Li~fls~.: ~e~m ~ Cm~ on ~e~ p~h~ A m ~i~.has nff~ b~n ou~oors ~11 have no d~e m p ouL who ~ ~i~ly h~ ~ w~ m ~v~ mu~ d~ nd ~J~lo effofl m ~e hob~ of b~ing b~cr ~ md who avoid ~c ~ of a ~lm of ~ nd nc~ mU. ~u~ ac ~o~ o~ons ~ U alI do our ~fl ~ ~hg OUr ~ ut at hbmet ~ hi~ h dm ~ ~y f~ nd ~ve ~i, O~s ~ ~ ~ m ~ ~ cl~ h p~ ~ ~ f~ nd l~d. No n~s should bc Eye.body ~o iov~ and unde~nds flu shouM mab · hb du~ m ur~ on an Mucaflonal proFam or bb o~, h o~er ~ MuuU o~en who have not ben so romnaa m have ~e usoclaflon ora ~t ~mpanion. m ://wv,-,v.c fainc.orn/articles/safer-indoors.html - ""' ..... 7/19/2006 Craf~ipg, Solutions Page' 1 of 4 r'~ ~l e-mall this oaae By waiving foOlMUOn end publlc-ecluclUon clmpllgn! Into e comFehenilve Plan, then iddlng ml~md progrems to stermze c~ts or mmnmge ~11 c~Ordes, yOUr agency mn. be~n eddres~ng cot- related prow ~n.your communlb/. If there were one recipe to help shelters luccloifufly relive problems relied to cite, It would be pdntod on this pAGe. But Suet lo there I$ no lingo reason why cats pour into your sheltor, there Ii no elngis Wutlen that wm gu~We enCh I loving home. There am, horM, ~Wll epi~oich~ met WO~ undo. ch· epP~pdito clrcumlt~n, nd plenty Of Innovative Ideas thet ely · help your shelter fashion h own lolutlonL Huron· edvOcites uluelly booth by cofllldednO cit- . control Ispl~WUen, publlc-Educitlen clmlmlgnS, end cat programs, along wRh the ever-pr·loot Iply/~__,~___ . preO~ms. Zdeellfl i compr~enilv~ pll~ Wm combine. III. mm atreteglen. But s~nce moat orgenb~Uons IKk the t~ne end resources to pursue every evenue, s~me focus first on ir·la that wW renp the Oreete~ rewirdi, theft oreduilly redl out different loomento of their pins over the cowll of months or yelre. EKh cow ha, Itl ~nochs endW#im#s#' L#lJlUon .may be an effective .way to bring eimut change, but ISWi nfl be .dlff~J._. ~ to plop and elforte, W even ,the ~ Of them cen~ mndete levlnO, IlfolonO reisWlps wlm inlmels.' EffeWve minloem~nt. '~ 'of fern cet colonllo ely 1Wi) Celt·in groups of onlmlb, but wiU not icmmpllsh much for me thou~nde of other ~ee~o~n~no o), community. Used Iff cenJuncUon with one another, however, tho end other proorima Iddreli l muWtude of pr(Mw from spghUy different engk~., ovldlpphlg end complemenUq end1 other. LEGzsLA'~ON ' ~om ought to he~ e L~w · By lobbing for effloUve mt con~el, humene orpnbJUons can mmpel peo~e to do the right chlng · m~y becluse ~'1 che liw. But more ImpmtenUy, ~e pillage Of luch le~lUon encowlgel IndMdull pet ownel to voluntofl~ eMde by the standards and ex~4cWUenl lotab~hed by che communKy. Sonm of ~o more effecUve laws championed by she~ere Include mendetm7 IIc~fl~flg (or, i~emltMy, reglsb~Uen and IdenUflcBUofl w~hout I fee), confinement, !~, Ind. mendeWry hMdl~g ~edods for streyenimels brought h~to shMtorL ' ' Anyone who'l Ipent Ume blhlnd the front Counter of'in eld~ibl'~hlltOr knowl how dlfilcult It IS to reunite I lost cat with his owner. Reclaim ret# for cetl uluelly hover eround two er chree percent, compmld with ~S-20 percent for dogs. Why the d3splrity? ~ ere. I number of r#sene, Imaudlng the report ItTay Cltl chin choy are strey dogS,, end, 0~ courll~ the foct thlt many of che Cit, s ChK alTtVe et wear proper IdenUflClUOn. Thit'l ~metldng Nme ~ govlmmento are 1371ng to correct with mt- .licenling Isglelatlen, which requlre~ ploPfo to diem oWnerahlp Of their cato, place ID rigs on the animals, and ply · smell fee to register them with the city or county. 'Obvloudy,'inlmel$ wend~g IdenUfl .caU. en get ~,~ i !0t mM1 quIddy,' IlyS Dleni Webber, exeoJUvo director Of the Benton-Frenidln Humane Sodety In Pasco, WlIW, where Cat I .l~ng Is now under cats in.the erdo thet we.nGw handle more c!ts thin wo de degL Dog ownes and nan.pet W~ · The threat of rebles Il yet lnother problem that may be ~ with the help of (:~t IlcenJng. 'Cltl ore mush more likely to come In contoct with ! rlbld inlmM,' Ilyl Webber, 'end the only ~ wly to contrel, rablel vKclnatlens la through a IlCenling program.' What's more, when a pet owner v~lto a vatldflid!n for e roi)Ill vi .c .CI~_. _etlon; It'l e grout OppOrt~lty to prmdde oL~ lend(lo th!t wlfl prot~ th. anlm!~ hOlm. By prG~G~ng ch!t S,m vKmB~ ~ tmked VdW ,..l~ pregrem; butane' agendlo cio Improve the heelth of Indlvldull enimell and help tho entire communty, reloon enough for Ilwmlkere end public henlth offlcIIII to !uppoit the !del, ~l~e Same, Only Olfferelltlel By alettng a dlfllrenUel IIc~ program~ pet.(wmerB, ny, $5 to I~enle i sterllised e .nlmel. and $2S to Ilcenll In umtodliZed enlmel--I~ ceo mike i Ilamslng program even more effecUve by encoureglng pet owners to hive tomy animals Nmyed or peutored. Even Ir a .cerise Is never' Unfortwlately, few munldplllUlo hive tho relouKen to mike lUre that every animal In the JudldlcUon is IICenNd. Some egend# Cenv#!.ch~ communl~, going from door to door to make sure chat every pat OwIler compll& 'ThIs mechod Of ~ will be ~.for iome, but igefldll chit Ilcenl~q ,I ·'se~k:e tO tho commun~ end u a loK Pr qnlurence policy' for Ind~tduel pet ovmore wm be eve,.more luc~els~ul. . ' . The Implct will muWply If your ooenc~ cio obtlln tho cooperetlon of vetorbllrl~na In the ir·a, AllChUl County (ill.) Animal ~ has doM. 0telnllly, many vetorlnidlna in the county wire he~B~ to offer nmm~ to ~ cn~!,.~ ~..Ww,.. ~x mnmo~-.B~ e local pollution worked with Ahlma! Send~ to dellon i !~lclel dloel th be M by Vetodn!dlrm enrolled In the I~ogrmm. M loon en the Idem woo lUOOlotod to vatednldBn~, chm who Imdn~ prevtousP/perUclpated hm ://wvav.animalsh~tcrin~`~r~/res~uroe:~bm~ma~azine2anio~s/sep-[oct-~998~raftin[so~u~n~ 711012006 Crafting Solutions Page 2. of 4. feared competition from pa~ctpstlng viterinldln$. As a result every vitorinarfen soon enrol ed In ~he program without I ducal ever beinp produced. '  ~_foW.~?m.un~w, a_nlm_ml ~ ind centto! ogsncles ~ even. found that pressure feom pet' .owners eo~. ~.v~./ll .r~lflS_~l Q ...1~-. IJCel~le is ! lerv!M..to ~hMr ~CIW)tL Whorl I pet owne' in NeW Odflnl cea m heavy nne for Mi#n; to IlCe~le his onlmll, he liked hii viteWmdln why the doct~' mW him of the requirement. The vel~lnlrlln slw Ihe need to chinoe, Ind now sells Ilce~sol it the dinlc. A few ogendeS hi~e:'inbblsd, fo~:cet~eflt tlws With ~rylng degreeS' of succe~. ObviouSly, If your agency cen convince pet owners to keep their cots Indoors, you¶ be' protecting animals and decreasing your own wofldold as well. · F~e..~ ~thq Aumm. A~mlt ~ ~Cdmdo pu~hod local lawmkere to piss on er~nonCe "?.~; rm.u ..P~..:~_.L~. ~:~ .V~d~n! ~nd oth~; ;itherod nowl dippings, surveys, ,enlmtn0thmmmm~s ll~..'whfle~themto.l~.theo~) . . . . . ':. · ~thout i coordlnltod effort, however, K~I neldy ImpOlllb~ tO push through cit-contrM leg~itlon of any ~nd..As. soon m,s lum propom! arm mtrec~uc~, many ~..r~scrmed 'cmt hWel? hist that xf your mh~ter ii c°.md~nO p.i~.O ~ cm~,mnmno or ~;Connnemmnt :te~mUon, you m.y be We to tatum the ~ocus to the larger Imsuem by amceml~ pu~ IonUment W~ll I sunmy (see the ddebor on page 8)."Ou~ c~y counca hms found the oppas~on on cat b~l ~ very vocel--ake in unneutored mile cat It night°' lays Kith~ Savelkyo Innmer execut~e dlrKtor of the Ponlrmula Humane Sodety (PHS) In suf~ey InfortolUofl It your hlnC~ you cea ~ po~Udmll In idvlnce.' Oncl ~. Wmlklre sol that the m~odty ~ psolde In tim community support leg~mUon, ttmy'U be i~e to ~ok beyond the Imll~r but more vocel groups that op~oso ~. Another To~d In the ?OOlb~x' ' " ..... Gonntl HoPre, ~ of PiIm hKh Couf~y (Fll,~ Anhnli Clre ind Contrei,wso faced With such opps~lon nearly m yelre igo, w~ cat Ilcon~n0 wu flret propoced In the region. Ovonvhdmed by the pu~lc outcry, coun~ comm~onerl W the proponl. But dx yeare liter, tho 1oenc~ once ,Olin begin, pthorlno suppQ~t for Ut !~n~ng: d~ um iroufid we d~.o. ur h0mmv0d~' ~ #0~. 'WiW i ~ Of ume with cat f/t~dere,'at" ..we mN to.mv~._. _~ p~ ~ We ~:.dU. d~ W. ~ pr~' Alter'th~m yemrm of dmvldfig me ~mit wmy to I,g~itm ~m contm~,'.me'mgoney'W M ~1 tO' the amity' · ' :'" commmww~ Whin tho uae cem'~ p~. Khe,~d~ ~t, one. pekin o~J~ to me munance. ·. But there'wil Itlll sume question of tho igsncy's ibllJty to enforce the ordlnlnce, if cite without IIW Wore,found mimIng frei, would inlmi! conlTol.bo M to do Wg. JbOl)t Il? Houri .. . ge~. ?g .... ~, .rom, pouF4e bMn0 bothered by n,,umKe cab, Ind We hid 11o tool to do inyollng !:bout'It, Itl layo. [With this onPnlnce], we m ceyMg U!It citlshOUld t~ on in octal ~ng .udth..doOL ~ our omceri ire InVMvdd !n tbm' ~ tho brdinince W!, Tomoox mr mom, so may can rsooke the roue between the nmg~bere Ind help'the ceto."Yhe Inw took effoc~ In September of tide year. su~., i.n m~y .c~m ..m~. - m..bid, to.hr ummme wm b, ~mcu~ to iv,roi. ~ .zn'.m, to m_mply.re0mer, they ~..w~...'UW city er .~mnty (~o~ nO ,IN_), or Id!.ce identmtatinn on the inlmal. w??. ,?ch ..p~ m, a.~.~ id,l, th? anco..w~ me uN iof: XD ap, n,croch!gs, or ear togs, and ma...o~n ow~..e~p., wmcn Increases me nu~ 0f. llTay' cats. ~re~um. ed home SaMy and helps "· negnoore rmn.nuze cenfJJcts by MentlfyIng imm ceutng I nuisance. ' Fixing 11~lnge for Good koud.y, .O~?'d~._t~_.=_~_.:~ Wiy~ tO iOW~ the ~ of ~ming Cats m the community i n_,mo? af cp...,?Hucm.g .In _~. ~.~rdty....Eye~ ~.~o~d. i .b~m. 'dy be promoUng the.. ~ or mpmymg ino neutorl.ng aha rermmg pe~p~ to.~d~md db~lcs when nmry,'but wah eprom,on that forcms or mtrongr/encoumgss peolxe toitorfl~e thor mnlmm, the bnpmct ~ even _s?eMcmce ind. mtW hiVe bemd ~ to ~ ,the cat ove~ep'u~Uon pro,em. On me hdlnd Of OlnU, fl!Nil, cet ownlrl whoso Irdmll~ or~ fouftd sut:doorl·wlthout IdefltJfIcitlon ere liked to p~o~dde In ID too or mh:r0ddp for their Iflimll; If the anlrnalb'h~to~ ov~ ire Won the epUon of paylflg I $~00 fine or hi~dng their' Inlmll ~fodl~. Fm~uniin~, 99 percent of those who vlo~te the erdinince choose to h~ve theb' Ifllmll$ eplyed or neutered, Twonty-sov~ mm ou~rontoo that ifl~ll Ihol~ doa~ cefltdbute to the overpopu~on pre,em by req~dno that I~ Irdmll~ a~,~p~d from ~heltor~ be Ipayod er neutered. B~ceu~e idopUon corttmm are piton difficult to.m, however, some illel~rs hive m harder .uae thin others making:aura pet Crafting Solutions Page3 of 4 ~ owners Ktuelly follow through. ~at In counties like Arlington, vIrginli, few vlollto the ortll~ence, hfs · '~' because those whe~ fall to ~tortlice their -mlmnis mu~t pay I 6300 fine, el)end e year In Jail, or both. What's more, each clay that passes beyond the centn,* date m I sepirste offense. Thanks to these strict ponalbes and the cooperation of the local I~r's office, the law Is very effective. Of course, even If yom' Stlin or Iocllity ~oeinN: I~vi Such I IIw, your Mter'I own Jf~ll polities should requlrs the atedll~at~en of oil edoptod enhnbls. PUBI.tC EDUCATZON CA/4PASGNS Teaching 'Em ~ Thing or Two Xt's one thing to uN legislation to push, poke, end prod people Into responsible pet ownership. Zt~ quite another to gently Iood them omvord with I pub0c educadon campeign. , As one part of the Virginia Beach SI~A's push for Ilceneing leglelatton, the shelter began educeUng the public In en attempt to gather support for the Initiative. 'We wrote letters to the editor, made:rsdlo [appearances], produced some humorous pmmatinnal pieces, end held e public debate on cat licensing that wee televised on the local cable, oration,' says Exec,Uve DlrecMr Sharon Adems. The pmmndenel. effoff gold off end the legisinUen pliNd. But even without the power of legislation, shelters need to educate or, bettor yet, 'market' responsible pet ownmThlp to the public, selling It ss advertisers sell any other product. people's behevlor by employing · ~odbl marketing' approach. We behave the way we do beceuN of the blformatlon we hive end our pmlenal values, net what the messenger Is telling us to value, but whet we eireedy veiue. We're b/lng to Influenm e group', behavior In order to ichleve our ol)Jectlvli, ti' they have a different beilof system, we may not be eble to change their vbluli, but we ,heuld be ible to convince them to do the fight thing according to their own set of values.' such e pmcUce eni~ the drmvbecks of fomng to do so. Pth~ and edvertlsemento created by PHS Iflustrsto the many ~ focmg outdoors cats, offmtng people Pease of mind f~r keeping cats Indoors rather than sngglitlng beo~le feel gulRy for nlinwing thldr cats o~d0ors. &nd to encourega poo~in to piece identification on their enlmh% one or PHS's newslm inked: 'You put your ram on your beach bari, your beer cooler, end your bids' un~r when they go off to school, so you can get them back if they ire Inst. Why dun~ you put your neme un your Cat?' The question made pet owners think twice ebeut how much they value their companion anlmll* . Sodll marbetlng doesn't begin end. end with exbeusb've public alq)usle to convince pet owners to do the right thing, however. Sometlmli you simply nied to belp then who, lay, went to train their cat to uae a scratching post Or I litter box. By working with en animal beha~ training volunteers to reqmnd to call~l' qu~one, or producing ~hlceUonel brKhtall for tbe pt~llr~ yOU cen help prelif~e Ute bend between cats end their .o. wn.r& By halplng rm~rs enceursge landlords to MEow pets, you1 also be wceu~ pe~e..~ beWew cet~ M Mm.. ' . · . .' In .me cern, you rely tven be IMn to lelm a Ilble hm the public. If you're hevlng i hard tinle cunvlndng people to fog~w your loud, tom I braider look It the msesega you're sending:lnd conllder why the public hli foiled to embrsce your Irguments. For Inetsnce, I~'bet owners relllt the Idoo thin. iff ,'-ts beiunfi Indoori, you may be able to meet them hblfw.y. ']t'l nat that wi don'T went cats to be outxloori, It'l thin we wlnt them to bi lifo,' lays Lselle Sindnlr, DVH, director of Compenlun ),nlm Care for The HSUS. "If we Mn crento Iome situatlena where cats can enjoy the outdoors ~foly, it nmy help us I~ the gap Ween what we went end those who lay, '! would never force my cet to itoy Indoor& He loyal ti) be outdoors. He'l been gaing 0uUIoors for tel years, and he'd be mllelble If ] midi him ceml In.' Se ~llk abeut outdoor endolurli, trelning cats to wllk on Ioolhul, and Io an. If we adjust our ipl)n)lCh, poopll will be more Iikeiy to mike lure theb' After nfl, more often then not, poodle ict out of love for their nnlmeil, In In at.rapt to do whit they think Is belt. So you'll want to belld brldpol to touch them rather thnn ere~ harrisre that may keep them ~rom'hcering your message. Remember, too, that the effect of educetlen wm be Ilmltsd unless people are given the mourn to net. If your shei~r tm~ts the benefits Of m~lllzedoo In Iow-income nreas, for Instance, mike lure people hive KCeli to initialized si)ly/nsutor clinlca, if you reque~ the cammunlty'a help In curbing problems posed by feral cab, mike sure your trap-loan program Is up tn FERAL CAT NANAGEHENT Aithau0h Itl dlir tbet cat-rellMd proMenll Ire mm1 flf~lching thin the terr~ prowled by fond mrs, It~mpts to prevlde humane selutinne to tha"Wll cat problem° ere among the most hotly dohatod end the most Ilkeiy to mike the heedll~li It' the Iocll pnper. What's more. because forel cats present the most visible problem, everyone In the cammunlty seems to hnve nn npininn. Preponents of trsp-tost-VKClnlto-nltsr-relusse-lnd-mooltor ('I"~VARH) pregrems garner support by touting the rainy benefits of such programs. Ferll cats are eiiswed to live out their liven In their own envlrunmenb The number of enlmnls gredunlly deC.nose until the celeny IS eliminated. And thanks to people In the cemmunlty who nra more then willing to feed Ind care for the nnlmnis, humane organlzItinn~ need only prevldo ganerei oversight and ipoy/neutor nseistonca, ~porlng them the need to devote so much time and energy ts housing and euthanlzing enlnmla. But the dM surroundIng foml cat management prngrsml cendn.ea, Some say the pregramn contradict the Ihelt~'e fneliIge that bll (:Its Ihauld be Indoor cat& In flor, many anlmll control igencl~ would be violating their raimon If they endorsed e pregrlm that allows animals to mem. And CraRing Solutions Page 4 of 4,. uide A Guide for Legislato'rs and Humane Advocates Resource8 safe cato Campaign ~Kit If you want to be an advocate for cats, start with this kit. It includes aH the Animal Sholt"ring MagazUno S~ Can materials, including the Features news and information about ca. booklet yOu are holdin§. and other animal care and control, issues. PM2277 Published bimonthly by The I-ISUS. 1-$/$4.00 each I-Is0013 .6-49/$2.75 each · Subscriptions are $1! for one=year~ ...... ' "=' $0+/$2.40 each $16 for two years Animal Control Managomorrl= A.Safe Cat I° O'HoPPY .Cat "' The Safe Cats campaign brochure gives the A Guide for Local Govornmonl~ hm about keeping cats safe and happy- This 108-page book provides a wealth indoors. of practical information about funding, PM2276 structuring, and running an effective animal 1-5/$0.60 each care and control program that protects both 6-49/$0.40 each citizens and' animals. Written by The HSU.~. ' 50+/$0.30 each and published by the International City/County Management Association Clgt COra {ICMA), Published in 2001. A hvorite of shelters for their adoption AC4037 packets, this best-selling booklet covers $11.00 cat care basics-adoption, health care, Community/Appro~ohoa 'Ix} Fgr~i nutrition, introducing a cat to your home, and tips for keeping your cat Cats"- Problams, ,4]klt~m~tll/es, ' safe yet stimulated. and Rooommondations This 144-page softcover book, written ~ ~ 1-$41.99 each by Margaret R. Sister, DVIVI, PhD, 6--49/$1.25 each "serves as a comprehensive resource for $0+/$0.73 each . . those interested in making informed, . humane decisions about the management The ~rfe Cat. Guide of feral cats in their communities.'-J~vl. . tO C~t [=[IW Scarlett, DVM, PhD, Corneil University This booklet describes local ordinances College of Veterinary Medicine. Published and prego'ams that Protect both cats in 2002 as part of the Public Policy Series and communities. of Humane Society Press. PIVI2282 .................... '~i.~:~i,'=' $1.$0 each .! ;"" " $22.50 Me Cat" Print V~forking for Anita,Ms: Three sheets of print- ' A Nandbook for Lobbyist. ready public service This easy-to-read booklet provides tips for announcements {with influencing federal legislation. Includes an three on each sheet} outline of the legislative process and a feature messages glossary of terms, about keeping cats safe, L6010 spaying and neutering, $2;00 ' ' ...... '~ . - and responsible cat care. PIVI~140 Safe Cats Radio PgA $0.1S ~or a set of 3 sheets Featuring MontoJ Willbmo This 30*second public service announcement narrated by Mantel ~illiams urges listeners to help keep America's hvo~te pet s~fe. P~22~0 1 compact disc: $2.$0 Guide to. Cat Law Laws That Address'* . . . . . T~ ~ ~1~0~ more. domes~ ~..ro~ o~ s~, ~leys, Cats ' vast ;on, hms; =d ~=~i~ hvM ~n'ahndOned ............. · ........." "* :'*"~ :' .... ~ ~ ~i o~m oz ~ in ~e ~ld. FOR ~0~ ~ PO~ D~, i~n~on dogs ~s ~s~ on ~ ~e l~l~d ~te 1~. La~ Keeping Communities Safe.. req~ri~ the r~s~afion, r. Kain~ and ~n~l~of. ~ng~o~ · dogs are pa~ of ef~ve p~ l~slafion ~t pro~ ~ ~ ~e ~in~ im~~ of ~ ~roaming ~.~on. o~r .. tho~ la~ is p~ of ~i~ a g~d p~ ~v~ "of ~i~ of dol~n ~ y~ ~nuoH~ s~ny n~mab, Cats, on ~ o~er ~n~ bye o~ ~ i~or~in ~m n~~d ~. ~~ ~ s~dbox~, to~.~' anim~ ~re and consol le~on ~d ~ve ~ pro~o~ . ~" H~ '~ · e Unit~ S~s-~ ~ now more ~ ~ d~'~ U.S. ': :~on~,a~! ~t~s ~ ~y. Cats ~ n~ a major .' household-and ~e corr.pon~ ~dy ~se of ~ f~ of 1~1 a~ ~ ~d ~ntmi ag~; ~ ~e Put, entering animal shel~rs, it is im~tive ~t co~. ~ a~. conc~ m~t of their effom on dog ena~ le~da~on ~t w~l pro~ ~th a~ma~ ~d ~ople consol and ~e. in those commu~6~. ~im~ con~! age~a we~ amblished d~d. a~. Carc~lly ~d le~sla~on ~n ~p ~ ~t ~u ~ prima~ly to ~ol recopied by ~e ~w as domMc ~s who a~ k~t H ~t Cau ~e now ~ m~t common dom~ic v~or of pets, and the at ow~rs a~ made le~y rnpo~ble for mbies, ~ 249~ r~oR~ ~ 2000 in the U~ Stat~'. their Wu' a~ioM a~ wdl-b~ In ad~o~ by d~a~ng , ~u who m~ p~c~ly ~ ~ a~ ~y m ~omc · the 1~! ~ms of dom~c ~H, ~t c~ and ~n~l mm conuR wi~ n~! ~n, ;ndu~g r~coons lam promote ~c ~omible ~re of ~ a~s, and ~, ~e pr~ v~or ~u of rabiu~ in the ~ld. ~is bookl~ is intended m ~e as a ~de for ~yone To control ~is epidemic, 25 smt~ now man~te.. ~bia. interested in pmpos~ le~la~on ~at a~ dom~c ~ts, vacation of ca~ and ~ additional 13 ~q~ l~al · whe~er o~d, stray, fre~ma~ or ~i. As ~ any j~is~o~ to va~Mte can a~ ~bin. le~slafion, in~vid~s ~std ~ ~lp~ ~u ~o~ F~-mam~8 ~n a~ ~H ~lions of ~ld a~ls le~sla~on should work wi~ ~o~ ag~u ~vol~d in ea~ yu~ Sm~ hve animal control and pint.on. ~ey ~ be able m provide ~!~ ~ sm~ m~, top. bias, ~, ~d bir~, .... e~cnfial suppoR and ~o~on ~t ~ ~d m s~ Ev~ ~H-~d. horn w~ le~slation, ~e p~ge of la~ r~r~g ~u ~q~ a ~t ~ m h~t'p~,'n~ de~ of public ~u~On. To ~at ~dible solu~om, you ~ n~ ~ of M~ ~s~, ~d ~e~ P~°n must ~t a~n ~e pmble~ and ~fl~d ~e ~u~s. ~mu ~n~ s~r~g and d~ to wild ~ab. Befo~ you ~, as~ w~t laws ~dy ~st ~ ~d~e wi~in yo~ comm~iu or yo~ ~t. ~en ~ide ~t ~e ~m, coyo~, and b~ new lc~sla~on shoed a~mplhh and wh~ it shoed ~ mo~ n~fl, pi~ p~n~ ~d bi~ loveu apim enacted at ~e ~U, co.u, or mt l~el. For g~ on ~t o~m who aflow · e proc~ of ge~ng a law p~s~, ~e pages 1~15. ~lly, ~e nmber of vol~ta fa~ ~t ~e~ who hve ~t Why Cat--fid h. .'' mine 1~ 8o~n of the ne~ for le~sla~on m help Peoplc Need aw$ con~l pr~m, ~ a r~ul~ some local governments n~ DUR~G ~E ~D-1980s, ~u ~ame ~e~'s moR coo~at wi~ fe~ ~ ~ers in res~nsibly mana~~ pop~ peu. ~ ~e par ~o d~dH, comm~ ~ve pm~s ~t ~p, t~ ~t, alt~ ~l~t, and monitor faced in~as~ problems' ~ia~ to ~mmi~ ~- ~~} fR~m~ ~u. ~e goal of such pm~ms is owned ~ allowed m go ouBide and s~y and ~1 m smbil~ ~ ~t colonies and ~enm~iy elimina~ them (semiwiid) ~. T~y ~ere ~ more ~ 60 ~on ~ou~ Keeping Cats Safe registration(licensing) fees and user fees. Sufficient funds must: · be allocated to implement prevention programs; hire and train For the cats themselves, unrestricted freedom to roam can leadstaff;, construct or renovate animal-holding facilities; and to abbreviated'life spans. The Humane Society of the United purchase and maintain equipment to handle, house, and care States {HSUS} estimates that the average lifespan of a free- for cats. roaming cat is less than three years, compared to 12-15 years long-term solutions developed' to respond to cat-related for the average indo°r-only cat. Free-roaming cats are hit by conflicts should foster the responsible caretaking of cats. Eveqr cars and other vehicles; succumb to rabies and other diseases;community's ultimate goal should be for every resident cat to ingest poisons on chemically treated lawns, in bait left out to have a loving, permanent home and caregivers who keep the kill rats or mice, and in auto antifreeze that leaks from cars; cat safely confined and meet the animal's special needS. are attacked by other cats, dogs, and wild predators'such as . coyotes; and sometimes are victimized by crue! humans. The Elements of..an In fact, two out of three veterinarians recommend ' . · keeping cats indoor,, most often citing d.nger, from vchi=~es s:ffective Commun and disease.' Tragi~ly,~er~ma~vep~.tof"found'cats.ken Cat (:are end ~ontrol in by animal she~, .~. re.ted with th'~r ownem. S~y PrO9 ra m owned cats !ack registration (licensing} tags or any other form of identification, and when such cats are lost, it is AT A MIHIMUM, The' HSUS believes that every c°mmunity's~ nearly impossible for animal shelter personnel to reunite . cat care and control program should include the following, them with their caregivers, all of which should he codified by state.statute and/or local ordinance: Ho~ to Best C'on~rol o ~andatory regis~tion Ilicensing)o~cats <see P~ges ~r~d ~)rotec:t ~t~ if a fee is charged, it should be higher for unsterilized cats than for sterilized cats (a concept called ~differential HISTORICALLY, communities have resPonded to cat-related licensing"} conflicts by using methods that rarely provide long-term~ Mandatory identification of cats; in addition to requiring solutions. For example, traditional progratus to reduce feral that cats wear collars and tags, communities should cat populations include either live-traPp'm[; and enthanizing consider implementing a backup permanent identification cats or live-trapping, sterilizing, and relcas~ng cats so that system such as a microchip .program {see pages 4--6} they cannot reproduce. Neither approach, however, provides ~ Mandatory rabies vaccinations for all cats older than a long-term solution unless carried out in conjunction with three months of age-the age recommended by vaccine a comprehensive cat control program.. Trap-and-enthanizemanufacturers .{see pages 6-8} policies may alienate feral cat caretakers and many cat lovers, o Mandatory sterilization of all cats adopted from public and Trap, sterilize, and release programs that are not actively private animal shelters and rescue groups (see page 8} managed may alienate residents not willing to tolerate free- m 'Mandatory sterilization of all free-roaming cats (see roaming cats in their neighborhoods. Morcover, these pages 8--9} approaches are labor and cost intensive. ~ A mandatory minimum shelter holding period for stray It is important for communities to develop and implement cats consistent with that established for stray dogs, comprehensive laws, policies, and education programs about preferably five days,.including a Saturday; this policy cats and cat care. Such laws, policies, and programs should be should allow for euthanasia of suffering animals before designed to reduce cats' suffering and respund to cat-related completion of the holding period {see page conflicts, yet remain acceptable to people in the community. ~ Laws and policies that are consistent with the responsible These laws and policies must be periodically evaluated and management of feral cats (see pages 11=13}; for example, updated, if cats are required to wear identification in a jurisdiction., Local governments must also adequately fund animal care then feral cats in managed colonies should be identified and control programs and enforce cat con~rol ordinances,using, microchips and/or visible means of identification using general revenues as well as monies collected through such as tattoos (some communities also notch the left ears of male feral cats, and the right ears of females, to indicate that the cats have been sterilized) ' HSUS veterinarian smd}, conducted in June 2001 blt Jacobs Jenner & Kent. In addition to those provisions, some local jurisdictions against the disease as a prerequisite for getting the cat have gone further in addressing the prOblems caused by sterilized. This is especially important because cats are free-roaming cats by incloding the followin8 in thei~ cat' ~.-.' ~ ..... nowthe number one domestic vector of rabies in gte control ordinances: .. United States. · Cat control and restraint (see pa~.s ~--11) SAMlrt.E REGISTRATION .ORDINANCES · Restrictions on the number of cats per hoUSehold (commonly referred to as ;'animal limitation ordinances"; Fort Wayne~ Indi~ns see page 11) . · Registration o! feral cat caretakers (see pages 11-13) Sec. 91.050 Pet Registration Required; exception; tags; microchip implant. Finally, in addition to effective laws that address the responsible care and control of cats, every community'" (A) Any person ownin&'keeping, harboring or having should have an ongoing public edUCation prog,,~un that cUStody of any dngor cat over.the age of three months must promotes responsible cat care and should offer subsidized obtain a pet registration for such animal; provided, however, sterilization programs to encourage cat owners to sterilize that no pet registration shall be required of any animal their cats. There also must be adequate and apprOpriate welfare or~ninati°n, municipal animal control facility shelter holding space, staffin~ and other resources necessaryor ~ovemmental agency, or ~uide dog. Animals belonging to humanely hold stray felines for the mandatory minimum to those agencies or persons will be issued complimentary holding period, registration tap. (B) A dtwable tag stamped with registration number and /ar c/ator I:lelIistration,of C, ts ~ of.issuance will be provided to pet registration holders for each t~istration granted. Dogs and cats must wear their A government-mandated cat registration proem (historically tags at all times on their collars, except when involved in any called "licensip~") serves UStha foundation for any cat control oqlanized show, obedience demonstration, training situation, program. Such prOgrams for dogs, enacted by an estimated or under the care of a licensed veterinarian. 90 percent of cities end counties; have been a hallmark of (C) Any person owniog any dog or cat may, in addition successful dog control programs for decades. The logic to the animal's registration, .obtain a microchip implant for behind extending those policies to cats is equally'compelling, the dog or cat. In no'case shall the microchip implant replace Mandatory registration of cats has two goals: primarily, the requirement for the annua~ registration of a dog or cat to serve as a lUSt-pet recover,/service, and secondarily (when with, the.Department of Animal Control. a fee is chatted),' to raise revenues to'recOup s~i~Sf'tha costs (D) Any person °Wnip~ any dog or cat'which has been of providing animal control services, implanted with a microchip shah transfer the microchip Because effective mandatory cat registration prOgrams registration with the Department of Animal ContrOl upon require that cats be outfitted with some form of identification, sale, trade~ han~ ~ or transfer of an animal. they encourage more caregivers to do so. Statistics show that mandatory registration progenms increase the numbers of ('74 Code~ $ 6-7) (Ord. G-14-81, paSSed 9.11181; Am. impounded cats returned to their owners. After Oahn, Hawaii, Ord. G-16-95, passed 6-13-95; Am. Ord. G-119-95, passed began requiring that all cats wear visible identification or be 11-21-95) (Penalty, see $ microchipped in 1995, its return-to-owner rate.~ed from 0.9 pe ent of impounded cats ca.) in .ra.S C unt ' W. .,st0n to four percent (617 cats) in fiscal year 11002. While revenues from registration fees will never be enough .11.04.030 Pet licenses required.. to fund an effective animal care and control program, they nonetheless c~n help provide supplemental ~venue-and A. License Requirements. All dogs and cats eight'weeks put some of the responsibility of funding cat-prOtection and over which are harbored, kept or maintained in programs on cat owners. Through a mechanism called King County shall be licensed and registered annually. differential licensing,'in which higher registration fees areB. License Issuance. Pet licens .es shall be issued by the charged for unsterilized cats, mandatory registration also animal control section .and may be issued by veterinarians, provides a financial incentive to have cats spayed,or nautered, pet shops~ cetteries~ and kennels and other approved locations Another benefit of cat registration is that it helps prevent upon application and the payment of a license fee made the spread of rabies by requiring that cats be v~ccinated payable to the department of finance according to the schedule provided in K.C.C. 11.04.035 of this chapter:' Mandatory Identification 1. Pet licenses for unaltered dogs and cats will be of Cats valid for a term of one year from the date of issuance, expiring on the last day of the twelfth month. Pet licenses Xn lieu of mandatory registration, some jurisdictions for altered dogs and cats will be valid for one year, have passed laws requiring that cats wear some form of expiring on the last day of the twelfth month. There is identification. Such 'laws help convince more cat owners no proration of any license fees. Renewal licenses will to outfit their felines with identification without requiring retain the original expiration period whether renewed them to also pay a fee to the government. prior to, on, or after their respective renewal month. The disadvantages of this approach are that the 2. Juvenile licenses must be obtained for pets from government derives no revenue from the program, there eight weeks to six months of age. is no centralized repository of information about the cats 3. King County residents sixty-five years of age or in a community, and owners must. affix separate tags to older may purchase a special permanent license for the their animals to prove that they have been vaccinated lifetime of cats or dogs which are neutered or spayed against rabies. ~ and for which they are the registered c)wners when said In addition to requiring that cats wear collars and animals are maintained at said owner'f~ registered address, tags, communities should consider implementing a backup Such residents shall not be required to annually purchase permanent identification system such as a microchip program.. a new license for the lifetime of such licensed animals;. Rhode bland, for example, passed a law in 1999 that require~ provided, that no person shall be issued more than three cat owners to outfit their charges with identification. The (3} special permanent animal licenses for any combination statute specifies a variety of acceptable forms of identification, of three (3) cats .and doss for which they are the registered including traditional ID 'tags; rabies tags, ear tags, microchips, owner- ' and embroidered collars. 4. Applications for a pet license shall be on forms " provided by the animal control section. SAMPLE IDENTWICATION ORDINANCES 5. License tags Shall be worn by' dogs at all times. As an alternative to a license tag, a dog or cat may O'Fallon, Xllinois be identified as licensed by being tattooed on its right ear or on its inside right thigh or groin with a license $ 90.11 Identification tags. number approved or issued by the ani~nal control section. Every owner or keeper of .a dog or cat regardless of age, 6. Owners of dogs and/or cats which hold valid shah cause the dog or cat to wear a collar or harness and shall licenses from other jurisdictions and who move into King affix the address and phone number, if any, of the owner or County may transfer the license bY paying a transfer fee. Such license shall maintain the original expiration date. keeper of the dog or cat. 7. It shall be a violation of this chapter for any person to sell or tramfer ownership of any pet without a pet license. ('73 Codes $ 4.02(b}) (Ord. 770, passed 9-15-75) The King County animal control authority shall be notified Rhode Island of the name, address, and telephone number of the new owner by the person who Sold or transferred the pet. $ 4-22-3 Required Cat Identification. - It shall be E Nunapplicability. The provisions of this section shall not unlawful for any person to be an Owner of a cat over three apply to dogs or cats in the custody of a v~erinarian or months of age unless the.person maintains an identification animal shelter or whose owners are nonresidentS temporarily worn by the cat at all times. within the county for a period not exceeding thirty days. The identification provisions in this law are not applicable to the following: (Ord. 11404 $ 2, 1994: Ord. 10809 5; 2, 1993: Ord. {a} A cat brought into the state exclusively for the 10423 $ 4, 1992: Ord. 10168 $1, 1991: Ord. 7986 $1, purpose of entering them in a cat show or cat exhibition 1987: Ord. 7416 $1, 1985: Ord. 6702 $1, 1984: Ord. 6370 or for breeding purposes and which does not remain in S 4, 1983: Ord. 5805 S 1, 1981: Ord. 4552 $1, 1979: Ord. this state for more than fifteen (15) days and which is not 3980 $1, 1978: Ord. 3187 $1, 1977: Ord. 2869, 1976: Ord. allowed to be at large. 2158 $1, 1974: Ord. 1691 $1, 1973: Ord. 1396 Art. 11 $1, .(b} A-cat owned by any person who is not a resident of ~t972} the state and is traveling through the state temporarily and for a period not to exceed thirty (30) days. (c) A cat temporarily kept by a licensed vet~tnarim~ " .when under the conuol of an owner by leash, cord, chain or a licensed kennel, or a licensed animal shelter or a licensed other similar means of physical restraint that is not more than municipal pound who nmintain on their premises cats owned eight feet in length. by others. 'Identification" means: (1} a collar or tag.worn by a (d} A cat temporarily kept by owners of a licensed pet cat which includes the current name, address and telephone shop for purposes of sale or by a licensed animal shelter number of the owner, or {2} an ear tag issued by the Hawaiian or a licensed municipal pound for purposes of adoption. Humane Society, or {3} a microchip re$istering the owner with {e} A cat kept exclusively indoors or confined in outdoor the National Computer Recovery Network or the Hawaiian areas and maintained for pedi~eed cat breeding und StUd Humane Society. purposes. .. " ."ImpOunded(at" means~any ~at'released' to'or'under" ''~ ......... the custody of or control of the Hawaiian Humane Society. S 4-22-2 Defmitions. - For the purposes of this chapter: "Person" includes corporations, estates, associations, (d) 'Uldcntification" means: a traceable form of partnerships and trusts, and one or more individual human identification such as (1) a collar and a flat or hanging tag beings. worn by a cat which includes the current name, address and (Added by Ord. 95-21) telePhone number of the owner, or (2) a rabies vaccination tag, or (3) an ear tag issued by a licensed veterinarian or Sec. 7-6.2 Identification required. by a licensed animal shelter or licensed municipal pound, . or (4) a registered microchip, which is used.~in conjunction It Shall be unlawful for any'person to be. an owner of with a visible collar and tag or in conjunction with a faceted, a cat over six months of age unless the person maintains reflective ear smd, or (5) a tag from a licensed animal shelter un identification worn by the cat. This section shall not or licensed municipal pound, or (6) a tattoo registered with apply to cats in quarantine and cats brought into the city the National Dog Registry or other similar national tattoo exclusively for the purpose of entering them in a cat show service, or (7) a cat license issued by a Rho~k Island city or cat exhibition and not allowed to be at large. or town, or (8) a collar incorporating embroidery ns a type (Added by Ord. 95-21) of information labeling rather than a hanging or fiat tag ' or (9) in the case of feral cats, a,tipped or notched ear in Sec. 7-6.3 Owner-Exception. conjunction with a microchip or any of the above other =..,~ ........... , .~ . .. · formsof identification. The intent is to allow flexibility "Owner' means any person ownin&.harborin$ in the types of identification available for cats and to . or keeping, or providing care or sustenance for a cat, incorporate other types of cat identification in the'future whether registered or not, or having custody of a cat, as they are developed, whether temporarily or perm, anently. This definition ' shall not apply to any person, who has notified the $ 4-22-4 Removal of Cat Identification. - It shall be Hawaiian Humane Society of the cat at large that unlawful for any person other than an animal control officer,the person has taken into possenion and: a licensed veterinarian, an employee of a licensed animal (1) Who is or will be transporting the cat to the shelter, an employee of a licensed municipal pound, or a'~ Hawaiian Humane Society; or · person authorized by an animal control officer to remove (2) Who.has made arrangements with the HaWaiian any identification from any cat not owned by the person. Humane Society to have the cat picked up by the Hawaiian Humane Society. City and County of HonOlulu, Hawaii (Added bY Ord. 95-21) Article 6. Cat Identification Program ' Sec. 7-6.4 Removal of cat identification. Sec. 7-6.1 Definitions. It shah be unlawful for any person other than an officer of or a person authorized by the Hawaiian Humane Society .For,the purposes of this article:. ' .' · · to remove any identification from any cat not owned by "At large" means: (1) On the premises of a person other the person. than an owner of the cat, without the consent of an occupant (Added by Ord. 95-21) or owner of such premises, or (2} on a public street, on public or private school grounds, or in any other public place, excePt Sec. 7-6.5 Cats released to the Hawaiian Humane Society. (a) Any person who takes into the person's possenion See. 7-6.7 Enforcement. any cat at large shall immediately notify the Hawaiian Humane Society and shall release the cat to the Hawaiian An impounded cat for which an identification is Humane Society upon request, not maintained by an owner may not be released by the (b) In the'case of any cat rdeased tothe Haw_niLn~ Hawaiian Humane Society tO a person claiming ownership Humane Society wearing an identification, the Hawaiian of the cat until the owner comPlies with the identification Humane Society shall make a reasonable attempt to notify requirements of this article. If an impounded cat, with or the owner by telephone, and shall send wzitten notice to the without identification, has not been sterilized, the person ownec The cat shall be held by the Hawaiian Humane Society claiming ownership may be Cited by an officer of the fOr not less than nine days, after which tirne the Hawaiian Hawaiian Humane Society for a violation of Section Humane Society may retUrn the cat to the person who had 7-6.6. The penalty for violating Section 7-6.6 shall released the cat to the Hawaiian Humane Society, offer the be waived upon proof of sterilization of the cat by a cat for adoption, or euthunize the cat, if not sooner'recovered veterinarian furnished to the Hawaiian Humane Society by the ownec' An owner wishing to recovc.'r the cat shall pay a witliin_ 30 days after the date the citation was issued. · daily impoundment fee of $2.50 for each ~ull day, or fractiOn.(Added bY Ord~ 95-2i) thereof, that the cat is held by the HaWaiian Humane Society. (c) In the case of any cat released t° the Hawaiian Sec. 7-6.8 Penalty. Humane Society not wearing an identification. the Hawaiian' . Humane Society shall hold the cat 'for not less than 48 hours,Any person found guilty of violating any of the provisions after which time the Hawaiian Humane Society may return of this article shah be fined not more than $100.00. the cat to the person Who had released the cat to the Hawaiian(Added by Ord. 95-21) Humane Society, offer the cat for adoption, or euthanize the cat, if not sooner recovered by a person ti[aiming ownership. (Article 6 of C, hapter 7, which can'be found at If a person claiming ownership seeks tO re~over ~be cat, f°u~.co.ho#ol#lu, hi.m/re[s/roh/7.htm) the person shall pay a daily impoundment fee of $2.50 for each full day, or fraction thereof, that the cat is'held at the /l//aFJdatory Rabies Vaccinations Hawaiian Humane Society. The widespread vaccination of dogs in the United States has (d) Any cat released to the Hawaiian Humane Society reduced the number of cases o~ rabies in dogs from 6,949 in with a 'notched ear," indicative of a sterilized feral cat, shall be held at the Hawaiian Humane Society for not less than 1947 to 114 in 2000..Today more cats than dogs succumb to this deadly disease, with 249 cases of feline rabies confirmed nine days, after which time the Hawaiian Humane Society may return the cat to the person who had: released the cat . in 2000, not including undocumented cases of stray and feral to the Hawaiian Humane Society, offer' the cat for adoption,' cats who also likely fell victim to the disease. That is why state and local governments should ensure that all cats are or euthanize the cat, if not sooner recovered by a person vaccinated against rabies. In fact, as of 2001, 25 states claiming ownership. If a person claiming ownership seeks to recover the cat, the person shall pay a daily impoundment fee mandated rabies vaccination of cats and an additional 13 of $2.50 for each full day, or fraction thereof, that the cat is required.local jurisdictions to vaccinate cats against rabies. Ordinances related to rabies should: held at the Hawaiian Humane Society. (e) If a cat released to the HaWaiian Humane Society is m Make it unlawful'for any person to' own or harbor a not recovered by the owner, the person who had released the cat over the age of three months without a valid, rabies cat to the Hawaiian Humane Society shall have the right of vaccination; persons brining cats into the community first refusal for permanent custody and ownership of the cat. should be required to show proof of such vaccination; (Added by Ord. 95-21) no exceptions should be made for'cats kept indoors O Establish rabies vaccination clinics operated by the Sec. 7-6.6 Sterilization of cats. municipal health department that charge preestablished fees o Require.that any vaccinated domestic cat who bites a It shall be unlawful for a cat oWner'to allow a cat over person be quarantined seeurely on the premises of the the age of six months to be at large unless the cat has been animal's owner (or at the discretion of the director of sterilized by a veterinarian, public health, in a veterinary hospital or an animal (Added by Ord. 95-21} shelter) for 10 days -6- o Require that any unvaccinated domestic cat who comes any n_~i__m_al bites or wounds a human or when a human or into contact with a rabid wild animal be quarantined in domestic or captive wild animal is bitten by or exposed to a veterinary hospital or an animal shelter for at least six. rabies by a suspected or known rabid animal, thc owner months or euthanized and tested shall comply fully with Florida Administrative Code, chapter 10I)-3, 'Communicable Disease Control.' SAMPLE RABIES VACCINATION ORDINANCE (Ord. No. 91-45, 12-$-91) V/akulla County, Florida ............ ..... ·Sec. 6.005. Potential rabies carriers Sec. 6.004.' Rabies vacCination required No person'shall, keep, own, possess or harbor any rabies carriers as a personal pet within Wakulla County, (a) Frequency; exception. Every dog and cat four (4} Florida. Owners of potential rabies carriers shall be allowed months, of' age or older shall be vaccinated against rabies to keep, own, possess, or harbor such animal, provided that with a U.S. Government-approved vaccine. Fach animal they are properly permitted through etate.or federal agencies. shall be required to be vaccinated no more frequendy Adequate living quarters and confinement must be provided· than the effective period of the approved vaccine used. for. the animal which, are consistent with the species' normal Such vaccination is excused only.if a licensed ~an requirements, for size, shelters, exercise area, heats ventilation, certifies in writing that vaccination would be injurious to light and safety. All areas for the animal must be maintained the dog's or cat% health. In such case, the dog or cat shall in a sanitary mannez Carriers as defined in this article shall be confined in an enclosed building or kennel until the dog not apply to properly licensed or permitted museums, wildlife or cat can be safely vaccinated, rehabilitators, zoological parks or research facilities. It shall (b) Proof of vacCination; tags. prOof of vaccination shall be the responsibility of.the owner of any potential rabies consist of a rabies vaccination certificate, a rabies vacch~tion carrier animal to provide proof of the acquisition date and tag and identification tag which shall specify the .name, the animal's source if requested to do so by the division of address and telephone number of the owner of the animal, animal control. Such certificate and rabies tag shall be approved by the .(Ord. No. 91'45, 12-$-91) director Of animal control. The rabies vaccination tag issued for one dog or cat shall not be valid for any other dog or cat. Sec. 6.006. Rabies control (c) Removal of mS. It is unlawful for any person to remove the rabies vaccination tag or identification tag of (a) Duty to report. It shall be the'duty of any person any currently vaccinated dog or cat unless: having knowledge that an.animal has bitten or otherwise (1) The dog or cat is participating in any °rganized exposed a person or domestic os.captive wild aninnal to exhibition or field trial, or is training for the~ events, rabies to report the incident=immecliately to the division or is engaged in a legal sport under competent of animal control or to the county health.officer for supervision; . examination.or for supervised quarantine of the animal (2).A licensed' vetet~un directs in writing that at the e. xpen~, of the owner. the rabies vaccination tag be removed for reasons of '(b) Quarantine of cats or dogs. Any cat or dog which the dog's or cat's health. In such event, the dog or cat has bitten or exposed a human to rabies shall be quarantined · shall be confined until the veterinarian permits the tag for a period of not less than ten (10) days. again to be placed on the dog Or cat; or (c) Procedures for rabies investigations to conform to (3) The animal is securely confined, state provisions. The procedures for the investigation of (d) Display of Proof. It is unlawful for the owner of a animal bites inflicted by animals other than dogs and cats dog or cat to refuse to show proof of current vaccination of shall be followed in accordance with the provisions set such dog or cat by. the end of the next business day if such forth in the Florida Administrative Code, chapter 10D-3. information is requested by the director of animal control = ! '(d) Location and conditions of examinarion~ The or any animal control officer, location and conditions of examination or quarantine of (c) Rabies information to go to county. Any person animals which have bitten or otherwise exposed a person administering a rabies vaccination to a dog or cat within to rabies shall be established.by the county health officer the county shall furnish the information contained therein (Florida Administrative Code, chapter 10D-3.} to the division of animal control upon request. ' (e) Concealment, etc., prohibited. It shall be unlawful (f) Compliance with State Administrative Code. ~ghen for. any person to hide, conceal or refuse to surrender any animal for examination or quarantine upon lawful demand are exempted from provisions of this section. to do so by the county health officer or by'the division of C. Any dog or cat over the age of six months adopted animal control, from an nnimal shelter in the city shall be spayed or neutered · (f) Duty of Person having knowledge of rabies exposure, before transfer to owner, Any person having knowledge that a domestic animal has (Ord. 4577 S 2, 1993) been bitten by or otherwise exposed to rabies by a wild animal of a species commonly recognized to be a carrier of Richmond, Virginia rabies such as, but not limited to, raccoon~, foxes, skunks, bats and bobcats shall immediately report such bite or . Sec. 4-26. Spaying and neutering of animals prior exposure to the county health officer or to the division of to adoption.. animal control for the investigation of such bite or expomre. (Ord. No. 91-45, 12-5-91) ' All dogs and cats that come into the care of the City :. Animal Shelter and subsequently become available for Mandatory Spaying a,nd adoption shall be spayed or neutered prior to releasing Neutering of Adopted Cats custody of s~h animals for adoption. However, such dogs · · · · ~' and cats shall not be spayed or neutered until they obtain a No animal shelter should ever place cats back into the sufficient'age ot size to undergo such sterilization procedure community who haven't been spayed or neutered. Although and the City Animal Shelter has received payment of the the vast majority of animal shelters reqni~ the sterilization adoption fee requited by section 4-27. of all adopted animals as a matter of policy, an otdiuance (Ord. 99-394-372, S 1, 12-13-99) mandating that policy will serve as an effective enforcement mechanism. Spaying and Neutering Mandator~ sterilization laws tTpically require adopters ofof Outdoor Cats shelter animals to have the animals spayed or neutered within 30 days of adoption and adopters of animals yotmger than six Many communities have begun to look at wan to address the mon~.s of ale to pay a deposit toward ~u~u'e Kerilization. problems caused by cats who spend most or all of their time in recent' )'ears, thc growing number of veterinarians outdoors. To help stop these free-roaming cats from breeding providing prepubcrtal spaying and neute~ng services (spaying indiscriminately, they have passed ordinances requiring that and neutering dogs and cats as young as eight weeks of age) all cat~ allowed to roam outside be spayed or neutered. Such has made it possible for shelters to "pre-sterilize' all animals provisious do little to protect the cats in question but do before sending them home with adopte~. In this way, shelters help lower the number of surplus cats within communities. do not have to enforce the mandatory sterilization law becauseRegistration of cats should be a prerequisite of this kind of all adopted pets have already been ~terilised. provision ;o that animals and their owners ma)' be identified and the ordinance enforced. · ' · ; SAMPLE OUTDOOR CAT SPAY/NEWTER. Note: In addition to the sample ordinances listed here, ORDINANCES The HSUS has a model bill, 'Mandatory Spaying and Neutering of Dogs and Cats.' For a copT; contact The HSUS Rivet$1de, California Government Affairs at 2100 L Street, NW, Washington, DC 20037; 202-452-1100; legidationOhsus.otg. 6.08.030 Control of uusPayed and unaltered cats. Bellevue, Washington · It is unlawful for any person who owns, harbors or · keeps any unspayed or unaltered cat four months of age 8.04.025 Mandatory spaying and neutering, or Older within the unincorporated area of Riverside County to allow or permit such uuspayed or unaltered ' A. No person shall own or harbor ;my cat or dog over cat to be or remain outdoors in such unincorporated areas. the age of six months that has not been spayed ot neutered (Ord. 630.7 $ 3, 1999) unless the person holds an unaltered anl;nal license for the animal pursuant to BCC 8.04.040. B. Guide dog puppies in training and poiice service dogs El.Dorado, Arkansas brought to the Animal Servicas Center by a person other than the harborer or owner of flint animal shall be held for a Ord. 6-31, Seoion I. Spay/Neuter. minimum of ninety-six (96) hours during which time period the owner may present proof of ownership at the Center and Owners of cats allowed outdoors must sterilize the cat(s) after paying all applicable f~s, that owner may reclaim thc by the age of six {6} months.. ....... '.' ........ ' ":'.'. · dog/cat.'In the event that the'dog/cat is not claimed after (Ord. 6-31, E! Dorado, Ark.} ninety-six {96) hours in the Centers that dog/cat shall become the property of the City of North Richland Hills. Petaluma, California 3.2.B Dogs and Cats with Identification: All dogs and cats impounded by the Animal Services Division or brought Sec. 9.08.120 Animals at Large to the Animal Services Center by a Person other than the harborer or owner of that animal that are wearing traccablc E No person owning or otherwise having a cat over six identification or where an owner is known shall be held in . (6) months of age in his cares charge, control, custody, or the. Center for a minimum of seven {7} complete days from possession shall cause, permit, or allow such cat to be in or, .~.; ..... the ~time the animal ent~s the facility, during which time the upon any public street, road, alley, or other public or private Animal Services Division shah notify the owner, when known, place other than the animal owner's property unless such cat is of the impoundment. Unless the owner has notified the animal spayed or neutered. An animal control officer is empowered toServices Division in writing of his/her intentions to claim the seize and impound every cat found in violation of t_his section dog/cat after that date, listing a date by which time that and shall require owners of the cat to either spay or neuter the owner will reclaim the dog/cat and satisfy ail applicable cat or to produce a certificate of sterilization signed and dated fees and this arrangement has been approved by the Animal by a veterinarian which lists the veterinarian's name, clinic's Services Supervisor, the animal shall become the property name, address, telephone, license number, pet name, age, of the City of North Richland Hills on the eighth (gth) day. breed, and adequate description of the cat '; 3.2.C Animals Surrendered by Owner/Harborer: All (Ord. 2045, Sec. 9.08.120, City of Petalurea' Calif., animals surrendered by the owner/harborer to the Animal Municipal Code) ~ Services Division shall become the property of the City of North Richland Hills immediately upon completion of the ll landator¥ Minimum Shelter Owner/Harborer Surrender form. Stra]~ Holdif~] Per[od {Ord.. 1848, Article 3, City of North Richland Hills, Texas) Minimum strey-animal holding periods are desiF, ned t° allow the ownm of lost We to reclaim the lost C at C ontrol and ftestraint pets from local sheltering facilities. The. holding period for · Laws requiring that cats be Icept indoors or under supervision stray cats should be consistent with that established for stray. dogs, preferably five days, including a Saturday; this policywhen. outdoors are the most effa~ve way for communities to should allow for euthanasia of suffering animals before gradually eliminate their cat-related problems and ensure that completion of the holding period, cats receive the protection and care they deserve. Some iurisdictious mandate longer holding periods {for "Control" and "restraint" are defined in various ways, example, nine days} for impounded animals wearing some but basically, when a cat is ¢ontro//~d {or safely confined), form of identification. This gives cats with strong evidence that cat's behavior is restricted either by the supervision of of ownership extra time to be reclaimed, the owner or the fact that the cat is within a house; when · st cat is rertraMed, that cat's behavior is restricted by the SAIVIPLE ~ SI41g,TER STRAY .HOLDING use ora leash and bamess or similar device.. = ' The HSUs recommends that cats be under the direct PERIOD OI~DXNANCE supervision and control of their caregivers. The orgnnization North Richland Hills, Texas does not recommend that cats (or dogs) be tied when tm. supervised, since a tied animal cannot escape attack Section 3.2 Disposition of Impounded Animals: from other animals or humans and because tying an animal outside makes that animal much more vulnerable 3.2.A Dogs and Cats with No Identification: All dogs to being stolen. and cats impounded by thc Animal Services Division or Cat restraint and control can be a controversial issue. Many people argue that it isn't "natural'~ to keep a cat Muscle Shoals, Alabama indoors or otherwise safely confined. Unfortunately, this belief is self*perpetuatiug, especially if a pet caregiver Sec. 14-8. Dugs and cats; restraint. makes no effort to provide the cat with a stimulating indoor environment. (a) Dogs. All dogs shall be kept under restraint or ~{~hile most cats enjoy being outside where they can prevented from being at large. hunt prey and explore their surroundings, it's a myth that (b) Cats. It shall be unlawful for the owner or any person going outside is a prerequisite for feline happiness. Playing having custody or control of any cat within the corporate with an indoor cat easily satisfies the animal's stalking instinct limits or the police jurisdiction of the city to allow said cat and keeps the cat stimulated and healthy through exercise, to run at large if said cat habitually causes destruction or In fact, the indoor cat who get lots of attention and playtime damage to the property of another or creates a nuisance. is generally happier than the indoor-outdOOr cat who is Provided, however, that no prosecution shall be commenced largely ignored by his or her human companions, and no arrest, made pursuant to this section except upon Cat owners can easily create feline-~endly homes that affidavit made by the aggrieved party before a judge or meet all of their cats' needs. Many innovative and fun toys magistrate of the municipal cOurt and a warrant issued 'can help make the indoor life a great and safe adventure, by said judge or magistrate. Finally, cats don't have to be deprived of the great (Ord. No..1154-95, art, Is S 7, 5-1-95; Ord. No. 1169-96, outdoors'to stay safe. Can can be trained to accept a art. I, $ 7s. 7~1-96) harness and a leash, and cat fences and enclosures can allow them to experience all the pleasures of the great Aurora, Colorado outdoors without all of the risks. Sec.. 14-101. Running at large. SA vU, Co 'ao - ANt) ResTaA ORDINANCES (a) Prohibited. It shall be unlawful for the owner of any cat to fail to keep the cat from running at large within thc city. Overland Park, Kansas (1) For the purposes of this chapter, a cat not physically restrained ?ben off.the premises of the 6.08.020 Dog and cat Control. owner or CUstodian shall 'be deemed running at large. (2) For purposes of this chapte~ the term "premise..s of B. Cat Control.' All cats must be under the control of the owner or custodian" shall be defined as the residence their owner, keeper or harborer at all times. :For the purpose of the owner or custodians including the attached property of this section, a cat shall be considered not under control surrounding the residence that is. leased or owned by the and in violation of this section in the fo]lowing situations: owner or custodians but not including any common ar~.-a, 1. If a neighbor complains orally or in writing to park or recreational property jointly owned or leased by the owner, keeper or harborer of a cats that the cat the members of a homeowners' or tenants' association., is entering upon the neighbor's property, then the (3) No cat shall be deemed to. be running ariarge cat's presence on'the neighbor's property at any time . when the animal is upon the premises of the owner. subsequent to the neighbor's complaint shall'constitute (4) Any cat enclosed within the automobile or other a violation of this section; vehicle of its owner or custodian shall.be deemed to bt: 2. If a cat causes injury to persons or animals; upon the.owner's or custodian's premises. 3. If a cat causes damage to property off its (b) Penalty. Any person found guilty of violating this owner's, keeper's or harborer's property to include, section shahs upon the first convictions be subject'to the but not limited to, breaking,, bruising, tearing up, payment of a fine of not less than $15.00, upon the conviction digging up, crushing or injuring any lawn, gardens of a second offense occurring within a one-year period shall flower bcd, plant~ shrub or tree in ~tny manner or be fined.a sum not less than $25.00s and upon .the third defecating or urinating upon any private property, subsequent offenses committed within a one-year period (Ord. DAC-1679 ~ 9, 91; DAC-13~J5 ~ $, 86; DAC-131! shall be fined an amount not less than $75.00 nor more than ~ 4, 85; DAC-1091 ~ 2, 80; DAC-697) $1,000.00. In addition to the fines stated in this subsectiort, a person convicted under this sections may be subject to not more than one year in jail. None of the fines shall be suspended by the municipal court. Nothing in this subsection -IO- shall be construed ss preventing the Inimal c~e officer from and other hnciers as well os cat, owners who can instituting a proceedin~ in the municipal court for violationresponsibly care for more cats; some jurisdiaions of chis section where there has been no impoundment, . allow these individuals to purchse "hobby permits" · (Code 1979, $ 7-.3.0; Ord, No. 97-$1, $. 8, 1.0~13'-97).:.~ . ....-(for. a nominal .fee) and require ~umual'premise inspections ~o ensure proper staodards of care Ffestrictions on the Number ' · A cat registration requirement that clearly defines of Cats Per Household what consti u "ownership" of cars; bles (Cat Limitation) local officials, for example, to determine when a · frequent feeder of ~d c~ts can be considered an in an effort to solve ceruin problems .sociat~! with "owner" under thc ordinance individuals attempting to care for too msny cats, SOme communities have passed ordinances limiting the number SAMIq'E CAT LIMITATION ORDINANCE of cats allowed per household. These so-called.acat limitation lhWS,' which 'are most .... '""'"~;~Urora~ Colorado· common in urban and suburban areas, have several benefits. The most significant is that they enable governments to more Sec. 14-102. Excessive number prohibited. easily resolve animal hoarder .cases. Animal hoarden are individuals who accumulate so n~my animals (in the dozens '(a) It shall be unlawful to own, keep or harbor more than or even hundreds) that they are unable to provide even five cats that are four months of age or older on any premises. minimal standards of nutrition, sanitation, and veterinary Only one litter of offspring may be kept on the premises until care. Many hoarders accumulate cats, and the~e iodividnals the age of four months. Exceptions are as follows: frequently·do not recognize the suffering they cause the (1) Licemed kennels, pet shops, city shelters and animals. Under a cat limitation ordinance, officials are individuals in pnssenion of a valid fancier~ permit able to immediately remove suffering cats without having with the.conditions established by the city council for to first prove animal cruelty, the permit. In no event shall the permit authorize the In addition to hoarder control, cat limitation laws alsopossession of more than ten cats. give animal care and control officials an additional tool to (2) Individuals exceeding the allowable number of resolve certain nuisance complaints. The most common .cats.at the time of the enactment of the ordinance from scenario involVes a well-meaning individual Who feeds, large .. which t_.h_is section derives may be permitted excess numbers of stray and/or feral cats but fails to get the animals allowable number of cats if the specific existing cats sterilized. A well-crafted limitation ordinance helps empower were licensed by the animal care division.at the time officials to.resolve.complaints by neighbore..and,lmsiness,~ " this section became eff.~ve un.February 18, 1994. owners; in fact, a cat limitation ordinance works best when {b} It shall be affirmative defense to excessive number implemented in conjunction with pro,rams that create of cats prohibited if the owner is =engaged in a bona fide incentives for feral cat caretakers to more actively manage effort to rescue cats and possesses an animal rescue permit. the cats they feed. The owner must.make application, for thc permit to the Cat limitation laws cnn be controversial. Those able animal care division within 14 days of .taking custody of to responsibly care for a large number of cats may feel that the additional cats. The permit shall give the owner three an arbitrary limit penalizes them for no reason. As a result~'months to dispose of the cats or otherwise return to the these cat owners may be driven aunderground" and avoid limit of pesmitted cats. A maximum, of two rescue permits registering their cats, and some may actively oppose Other cat shall be issued to a household at any one time. care and control legislation. For these reasons it is essential (Code 1979, $ 7-31; Ord. No. 97-$1, $ 9, 10-13-97; that a cat limit include provisions that allow responsible cat Ord. No. 2002-02, ~ 1, 2-25-2002} caregivers to care for additional cats provided certain criteria are met. Petal Cat care .M/Car To be both effective and politically feasible, a proposed~ef~istratiorJ PFoS~J"~ms cat limitation ordinance should include: ' RecogniZing the Challenges .~ssociated with feral cats, some m~ A clause that "grandfathers" in those cat owners who communities have passed cat registration ordinances that have more than the maximum number of cats allowed incl#d.c.r~lstration of feral cat colonies or caretakers. These ~ A mechanism that' allows certain cat owners to keep ordinances and the programs created in support of them are more cats than the limit-for example, cat breeders designed to manage and ultimately eliminate feral cat colonies, animals can be transported quickly The laws often piggyback'on the efforts of volunteer feral catm Carefully evaluate captured cats to determine whether feeders. When crafted properly, they provide incentives to hcip they are appropriate candidates for readmission into thc those Who regularly 'feed feral cats and ensure that colonies colony; socialized cats should be removed from the colony are managed effectively and in a way that ensures harmony and, if possible, placed for adoption between feral cat caretakers, property owners, and animal · Test trapped cats for fatal infectious diseases such as felirte care and control officials, leukemia {FeLV) and feline immunodeficiency virus (FIV}.; In recent years, traditional trap, sterilize, and release remove from the colony any cats wh° test positive for programs have been supplanted by more responsibly managed FeLV, FIV, or any other chronic or debilitating disease pr°gramsthat trap~ test~ vaccinate, alter, release,.and monitor o Prior to rdease, vaccinate cats agaimt rabies and other {TTVARM) free-roaming cats. The goal of any TIN/ARM common diseases or viruses for which vaccinations are program should be to stabilize and eventually eliminate the available colony through attrition. · Sterilize cats prior to release An effective program that seeks to adtdress the issue of · Permanendy identify animals prior to release using a feral cats should: microchip and/or a visible means of identification such as. ear tipping (also called ear notching) or tattooing; to · Make sure that feral cat colony maintenance programs help identify from a distance which feral cats have been are consistent with cat-related laws such as mandatory sterilized, some communities notch the left ears of male shelter holding periods for stray animals and ordinances fetal cats who have been.sterilized and the right ears of · prohibiting cats from roaming at'large " " female feral cats`· ' ~ · Register caretakers who are willing to devote the time · Immediately trap any new cats who enter a colony and and resources necessary to fulfill program goals; in assess them for placement or release cooperation with caretakers, develop uniform guidelines covering colony care and maintenance, spaying and SAMlrt.E FERAL CAT REGISTRATION ORDINANCE neutering, health monitoring, census taking, and related topics CaPe May, New Jersey e Assess each area to determine whether a colony can be safely maintained; for example, colonies should not Chapter $ {Animal Control}, Section 11: Feeding of be maintained near roads with heavy traffic or 'in areas Wild Cats with extreme weather conditions and insufficient shelter. · Assess' the impact of feral cats on local wildlife populations $-11.1 Definition. before deciding whether' to return the animals to an area; cat colonies should never be maintained 'on 'lands managed Feral cat Shall mean any homeless, stray, wild or for the benefit of wildlife (such as wildlife sanctuaries} untamed cat. ~ Secure thc permalon of landowners and residents to (Ord. No. 1046-95 S 6-20.1) maintain feral cat populations on their properties = · Assess the carrying capacity of each ttrea to determine 5-11.2 Unlawful Care how many· cats can be released; carrying capacity should be based on the number of colony members, the number It is unlawful for any person to intentionally provide of caretakers, the size and nature of the area, and the food~-water, or other forms of sustenance to a feral cat or feral available resources cat colony unless the person has furnished a signed statement e Before trapping, place trapping-notit~tcation signs in the to the Animal Control Officer agreeing to comply with the area and distribute informational leafiers to residents following conditions: to give owners of outdoor cats a. reasonable amount a. Annual registration with the Animal Control Officer of time to safely confine .their cats; signs and leaflets us caring for feral cats; should also educate readers about abandonment laws b. Assure responsibility and arrangements for feeding and any restrictiohs on feeding unowned cats the cat or cat colony..regularly throughout the 'year, includinl~ ~ Schedule several days for live-trapping and follow weekends, holidays and vacations of the person registered; humane trapping guidelines; ensure that traps are c. Regular and frequent trapping of cats over the age of checked frequently {ideally every two to three hours, eight (8} weeks to. have them spayed or neutered; at a minimum every eight hours) so that captured d. Arrange to have all trapped cats tested for feline leukemia and to have those who test positive humenel), rbey will be en~urced. In addition, once several local cudunized or iso¼ted indoo~. . :.i: ..~. · ~...~.... jutsdicu'ous., hive passed ordinances covering, d~e same e. ldenti~y ell trapped cea by tPping their ~n; and issue, a similar stere law will be more politically ~easible. f. Arrange to have all ~rapped can vaccinated for rabies Finally, because it is easier to work for change in )'our in addkion to any other vaccilution or immunintion own geo~'aphic re#on and wish people you know, you requirement imposed by the State. mi~t went to make your first a~mpt at the city or (Ord. No. 1046-95 5 6-20.2) county le~el. Enforcement. Documenting the Problems ~ ABA/TY TO E~OI~C~ A LAW i. ~ti~i wl.~ it docum~t d. cet-rd~d is""u"and i=obl=ms i. )'our comes to legislation rcprdlng ceu. In meny communities, community. Here ar~ suggested steps: animal care and control programs have been Seared coward dogs, not eau. But as the nUmber of cam wi~h!e communities 1. Compile ~bese statistics for )'our community shelter: climbs, these agencies must respond co the problems dmt result. As municipalities consider lesis¼~ion co address these · How many ceu enter local sbel~r(s) each year? problems, they must also consider wht will be required co · How many of rhuse can are Bay (cam who, k is reasonable to assume, may have owners but who enforce such legislation. This should include the following: have..either become lost or been mrncd loose or e An edeqnate Staff that is rainedco bridle cam abendoned) and how nun)' have been surrendered~ o Equipment ~or hummiel), holding end handling. ~ · How ninny su~y ceca en~efing:~e shelter(s) are cats, both in r~ field and in cbe shelter rechimed by their owners~ o Facilities and equipment (including c~Sea, lundling' · How nuny ceu ere adopted? equipment, food, suppli~ and basic medical provisions) · How nuny cats are eudunized~ suited to holding and providing necessary care for ceu This information can anpport your case ~or the. neceSSity o A sufficient level of allocated ~3mds co suppor~ o~ le~islatien. As an example, with ~ew exceptions, the enfurcement efforu pereentasc o~ stray eau returned t0 their owners is abysmally The vast majority of cities end countiee dut have Iow, while for clop it cea be quite high, Sutistics from your paSSed prngrmive catlesishton use a comphint-haSed· ~.o~ ~.~t~(s) m), show, for ex~mple,.d~t.ceu mike up a- enforcement symnn. This enables eninul care end control relativel), hi~ percentags (o~n above $0 percent)o~ the agencies to respond to complaints with the force of law animals entering the facilities and that the percentage has behind them, while recognizing that available resources- been increasing steadily in recent yea~s. The data may also and public sentiment-usually do not support more show a wide disparity between the reclaim rate for dogs .and aggressive enforcement o~ cat-related laws. A law that for cats. If this is the case, one eXPlanation is that few requiring control and restraint of cats, for example, cats wear any form o~ identification. A law requiring that easily allows animal control personnel co respond to cats be registered and Wear registration tags can increase complaints about nuisance cats. the nUmber of lost cats Who are returned to. their owners. Getting care and control agencies receive regarding cats; these will Enacted: AdviCe'fOr include, bot not be limited co, general nuisunc¢ cells and ~pom o~ au~cha on wildlY, de~zuction off prope~7, and AdvOcates , tio" i,ws w,l it' po~ible co hold cat ownm accountable for problems AT ~rlAT'LEVEL o~ $overnment'should you pursue caused by ~heir cats. (This information may not be easily yoar legislation? Should you go to the city council, county obtained.) government, Or state leaislantt'e~ While a state law helps the . most animals, working for enactment of a local o,rd~..nancy, 3, Document all cases of neglect, cruelty, and injuries makes the most serise'if'you ~,~ primarily concei~ned aboUt {including, if poSSible, incidents involving cats being injured a local problem. First, local animal care and control laws or killed by cars}. Do not limit your investigation to police are generally easier co get funded-and that is also where records or the courts; look also to the records of animal care and control personnel. Besides .the obvious tragedy for enthusiastic supporter of. your idea, you'll have made the animal, there are public safety concerns regarding few gains for cats. cats injured or killed by motor vehicles. · Be inclusive. Before you begin to work on an ordinance, discuss your effort with others who will be most involvec[. 4. Document public health problems that relate to cats. FOr example, if you want to do something about feral Include diseases that are spread from cat to cat as well as cats,' invite established feral cat caretakers to the table. those spread between cats and other animals. In the United Understand that your full agenda might not be reachable., States, there are more incidences of rabies in cats than in but that successful public policy usually involves a series dogs. The number of reported cases of ca~s biting humans of compromises and incremental steps. is steadily increasing. Cats who are allowed to roam freely · .Nentral/ze potential oPPosition. If the bill would have are more likely to come in contact with rabid wildlife and . a negative impact on a specific group, or even if a group contribute to the spread of this disease, IVlakins rabies indicates that the bill might have a negative impact on vaccination a prerequisite for registration will help halt it, try-to work with the group early in the process. The this spread, more opposition you can negate, the better the chances. The information you have gathered will he useful and for your hill. necessary as you explain why an .ordinance regarding cats · Involve veterinarians. Whenever a hill affects animals, is important in your area. Your efforts to .educate. people legislators will defer to a veterinarian. For a municipal about the need for such legislation, can re=aka a critical' ordinance, enlist the support of local veterinarians. difference in whether the ordinance pass.., es, ".Those WhO · Get help in drafting your ordinance. Although it resist cat registration may dO so out of'b~lief .t!u.'t .manda.. t°ry · 'shOuld be clear to you what your objectives are registration is another way for government to interfere in the and what kind of structure your program' should lives {and delve into the pockets} of citizens. They do not see' have, the actual language of the ordinance should be that what registration laws do is prOVide cats with the same drafted by professionals. You may be able to enlist consideration and protection currently received by dogs in the expertise of a local humane society board member the majority of communities' l~hndatory registration Will who is a lawyer or has an association with a law firm or the counsel who works for the city or county council. hold cat, owners accountable for their.pets' actions just as dog owners are responsible for their doge~ actions. You can also ask for pro bono help from a local law firr, a. · Define your terms. A good ordinance includes definitions L~gJslatJve Tips of team that might not be clea~ For example, the term "'animal' has many different meanings depending upon Once you have documented the issues and problems, follow how an ordinance defines it. What exactly is meant by these tips to improve your odds of succes;s: "animal shelter'--all public and private facilities? What o Know the process. Learn how the leE~lative process is 'proper restraint"? works in your jurisdiction and how an ordinance gets · .Draft your ordinance with costs in mind. Try to create passed into law. Working toward pas~sage of a city or a program that generates sufficient funding to cover its county ordinance will be different ~rom working toward expenses. It is best if only cat owners are forced to pay; funding generated this way is referred to as a "user's fee." passage of a state statute. (Note: This publication refers Programs that cost the municipality moneY to implement to local iegishtort ns "council members," but in your'. jurisdiction they may be referred to Ets selectmen, but that aren't funded by new revenue streams often go unimplemented. aldermen, or some other name.} · Consider exceptions to the ordinance's coverage. Shoulr~. o Work with your local a~__mal care and control agency. It's vital to work in parmership with your local animal you exempt certain cats from your proposed legislationi' control department or nonprofit hun~ane organization For instance, an ordinance requiring the sterilization of (if the latter has a contract to provide animal control cats could exempt those cats who, in the opinion of a and/or sheltering services in your community}. That veterinarian, should not have the surgery for health · agency will be responsible for implementing and enforcing reasons (provided thOse cats are kept exclusively indoors). the ordinance pro.visions, and in m.m~y communities may Similarly, a law requiring mandatory registration could wield considerable influence with local council members, include sPecial provisions for feral cat caretakers who register with the city or county.. Remember that enforcement is a. key part of the success of most laws, and that if the enforcing agency isn't an o Find a $ood SPOnsor for your ordinance, Approach o. If hcarinp are held, carefully choose who will testify for legislators who have sponsored animal protection laws your ordinance. It should be someone who is comfortable in thc past. If the bill must be heard (considered or with public speakers and who can deftly handle any examined) by a committee, t~ to get someone on that questions that come up. (It may be possible to give committee to sponsor your bill. testimony with someone at your side who can provide o Develop healthy relationships. As you lobby for your bill, facts,) Anyone who has a relevant human interest story be sure to develop good relationships with key legislators to tell is good, but testimony should be kept short. It and lcgislative staff, including the ordinance sponsor'sshould be given from notes and make no more than staff. The,/have great influence over what..happens,. .,....f0. ~ or five dear points. Try to pack the room with and they Can prOvide you with important information your supporters; they can wur badges or carry signs and insight, of support. Avoid emotional appeals. o Don't overwhelm your council mcmben with material. · Be polite. This is especially important when lobbying But do provide whatever information, they need..As the council members to support your ordinance. £ven if ordinance goes through the process, you will probably they won't support You on this ordinance, they amy be called upon to provide additional information, lobbywork with you in the future on another issue. ceruin members of the council,, alert.your supporten, · Be honest. If you don,t know the answer to a question and talk with the press. Don't expect the ordinance to that a legislator or staff member asks, just sa)' so. Tell move on its own. . '. the petS0, n 'that you will get back to him or her with the · Know when to compromise. Rarely does an ordinance. COrrect' information, 'and then foll°w Up. become law without being emended. Sometimes you can · Always identify yourself to city. or county cOuncil include provisions knowing that they will be compromised members. Make it clear what issue .you are discussing away at a later date. Don't be surprised.if you can't get all and whether you m'e rePreSenting yoUrSelf or a group. the provisions you want, but be prepared to make hard · Tell legislators why their districts need this ordinance. choices. In general, if the amended .ordinance will still help · Consider a 'sunset' provision. If you don't think your animals without lessening protections they already have, ordinance will pass, a strategy to make it more acceptable then it is better to pass a lesser ordinance than nothing, is to add a provision tha~t would limit the ordinance's You can try again later to increase protection. · effect to a two-, three-, or fiVe'year period. At that time, o Know who the opposition is. Don't let your'council - ' if the program implemented has not been successful, members be surprised to find out that a major constituent it would he eliminated. If it has been succenful, the group strenuously opposes the bill. If you inform them city or county council may renuthorize it. about the opposition's objections early on and explain why they are misguided, you will be more successful. For a good primer on the legishtive'process (with · Form a cOalition of backers for ),our bill. In addition an emphasis on the federal level'), order Worker for to the humane community.and veterinarians, seek An~b: A Handbook for £obby~s, available from cndorserneot from groups with an interest in cat welfare, The'HSUS. See pages 16-17 for ordering information, cat breeders, birders and other wildlife advocates, law For additional a~istance with your Iegishtive initiatives, enforcement officigs, chambers of-commerce,.civic ;,.~. con~...Th..e HSUS Government Affairs at 2100 L Street, associations, government workers, key members in the NW, Washi on, DC 20037; 202-4 2-1100; community, public health officials, and student groups, legislationOhsus.org. Think of anyone who will be better off if your ordinance passes for reasons such as safety, taxpayer savings, and fewer neighborhood problems. ~o Work the media. Contact the local newspapers and other members of the media early in the process to explain your issue and why your proposed ordinance is.important. Don't. assume that they.will Set-good,' fair information if you don't supply it to them. And Generous ~upporr for the 5ale Cats" cdrffpaii, a u,d~ provided remember that letters to the editor are an effective by The Kenneth A. Scott Charitabb Trust, a KeyBank Trust, tool for getting information to your corflm~ty, and the Franc~ V. R. Seebf Charirdbl~ 7~ust. Order Form '. rrm~(s) cO,~E QUA~FFY co~ ~1~1 [hs~n~ ~s wor~ ~ ~1~" A H~k ~r ~~ ~0!0 ,,, , ,~ ~ ~J ~0' A ~ ~ Is m Hap~ ~t P~76 ~ ~ Print P~ P~140 Sales Tax* (if applicable) Shipping/Handling $3.00 TOTAL , p^~rr Mrmom 0 Check or Money Order (payable to 2'be HSU$) CI Credit Card (check one) 0 Visa . ' ~ Mas~'Card Cl ]Discover Account # " F.~. dete Signature Name Street address City State Zip Daytime telephone' ~ F, esldenu of ~ese sm~s should add aiqdicabl~ sa~ ~a~ Material will be sent to the address above. Please provide a street address as shipment cannot be sent to EO. boxes; Allow 4-6 weeks for delivery. All orders must be prepaid. Enclose payment with this order fbrm and mail to: Safe Cats Campaign The Humane Society of ~e United Stares 2100 L Street, N~ Washington, DC 20037 Some of the'm, aterial in. this booklet is.ldra~vn from Free-Roaming Cats. For the complete statement, visit um~.l~sus.org/sa(ecatsta~ment or request a copy from: The MSUS 2100 L Street, NW Washington, DC 20037 202:452-1100 'oxoplasmosis fact sheet Paso 2 of 3 A growing fotuo ~n become info.ed with the toxopl~i~ I~r~lto. Thll ~n h.ppen if the mother il infoctod wah ~ ~pl .rindS. while prqnent or bofom ohm become, prqnenL IMeutkm in the unido anim elny in pmgnenGy ran re~utt in mllcarring., poor growth, e.,rly delivmy or ~tillbidh. If · Ghild Ii born wilh toxopllmlmlll he/ih· Gin eqwlenm eye probleml, hydroaeph·lul MITE' on Ih· brlin), ~envulllon$ or mlnlll dllMlilitlel. Treutment of in ~ prqnent wommn rely prevent or I#len the dine in her unborn (:hiM. Tmutment of,in Infeded Iofent Mil ,11o lemon the ~evedty of the dlieise Il the child growl. Prevention · Order or eouk your m"t we# done. :~ · Do nut e~t mw or undefcouked me~ · · Wllh your hmxll, utormlll, and aut~ing Ixmrdl ~ Imndling rmv mout to preVent contlmJnution of other food8. · Do not drink unpmitlurlzid milk from ·ny enlmlL · Be (ireful not to bmMhe in dult when deening the clt litter box. ' · till· the II~r box ~ ou th.t tho Imw~ ~ not W · ~henm to become Info·lima. · .A..vokl delning oM IIttor bom if you mm pmgnent or t~ylng to becmrm pregnont. · vve~r gl~ when ~leenlng the ·ut ~ box; then imsh your ho·ds. · PI.m · 8enure M on your #ndbou to prevent c~t. from u.ing It ou · Ilttor box. · We.r gloves when prdenlno, then ~ your hinds. CltB mhd you JuM like other flmlly membem, your pet iii Mn pill diem on to you.. Mout c4d~ which Ire .?___o?_ r, m.e ~ tlwmelv~ my mm·In IofK~ul ~ well over · ye·r. mxopm.mom ao not origin.to from .enmc~ wah rats, but tamer from eon~umpUon of r~f m~t ¢i whl~ hove bE~n ml~l Indoom, bM nm~r ~ugN ·nd ~ton mira or bi~, end wino hmo nmmr been ~E~I r~w m~ ~m not IIMly to I~ in~cWd. A ~my or ur~lmililr elt.d~leh ll~E~m H~ Ibouk~ not be Mndl~l but ~hou~l I~ mport~l to your Io~11 An·mil ¢on~l Ogicmr. Hem om ~ Up~ to · w~h your Mnd~ ·~r I~Uing, lobbing or truing · e~n out tt~ · do not ~omlx~t the e~ litter, or di~po# of tt~ ~ near your go~len: · m · vetodMMn it I~ ~ere · treetment f~r toxopIl~moMl? mediGIUon il .,,, ,.,.,,,.?,..,m~m.. m.=__me mmmon oGoum in ImmOn~ with we~k Immune iv·reno or mmmg am (e.g. AID~ or eon·er). - Jpdated: Mondey, October 27, 2003 ut 02:3~ AM ~11 information is general in n~ure and b not intended to be u#d Is · oub. Ututo for lpprol)flMe profesllonH ·dvim. For more information pleise call 206-296- 4600 (voice) or 208-298-4831 (TrY Rel.¥ .ervkm). M·illflg .ddriss: ATrN: Commuflic~tlons Te~m, Publl~ HeHth - SeBttle & Kin0 County, 999 3rd Ave., Suite f200, ··aWe, WA 98104 glD. g.G.qun~ I ~ I New. I Service~ I Comment. I Search P~//www.me1~'okc.gov/heal~Jprevcont/toxoplas.h~m 7/11/2006 ' )xo..plas;nosis fact si:met Pnge 1 of 3 .~_ Public Health WebpIge ~ Home ~ C~mtmuniMbll dililum hiahi · T~lOldllmOlM - .~_ Clink: & Oflige L. ocatk~n~ Comm"nMable Ol~ea.~ and Epldemiology " i other insects For Care Providem Toxopllinloell fiGt .heet ! For Edu~om s lllllmt mm I~m _Mq..eMro? .~_ Health Edu~t°m Toolbox · ~ML~~. ,: Lem~ whmt King Courtly . NI~ Vlnm from Jol:m & Intemehipl mm .~ Nemd ~ tlmmaeMm am ~ Employee DimGtmy i nM a hOll~ hlZlrd Or · qn of und#nlinei, Whit il tmmpl!l~(mll? , ! W bing wi Contl,;t Uu T(..~MMm~l Il · ~ml~n dllMie/ound In Idldl Ind mlmmlll ~ Nolth Arned;I. .'. InM(~nl. The Illfedkm II ~lu#d by I pMIMle mlffldt~mjtMIml g~ndl and IfM(~l 10 t~ 20 eut of Public Hearth Mry 100 ImM) In Nodh Wrk:a by Ihs time Umy are ~u~. ! Seattle & KJnO County ! iyzr~l~l.J~ 999 3rd Ave, 8ts. 1200 ; The pmllli~ thlt · , Swimmer' It~h Il semtm. WA ~a~04 wtm.re th..¥m~.? i d.~mmm mm ism, via Phone: 206-296-4600 ! gONe ..d TTY: 206-296.4931 · Fever ! (In~ingl. Alter Click here to emall u~ · Inmomoemmmtlu~ennmlmomumemnla~umyblunudvlalonorlo#ofvlmio. { · Idoet peoplm M~o mm Inlmatmd do not mhow mn,/mignm ofllto dimommo. Sutmcdbeto From re=mail · Purmoaowltommpmgnmnlm'mm~mmuppm#mdimmunomymtmmdueto Alertml NDS, = ~' bll.wbg qm tmtipmtl mm at Nghe~ rimk for ~ Giick here to I~im mom How i~ It tim = ~m bl, lm' malaml ~dm, I m m~ mmmt m. ddalm lira mlik ,f mmmllm mnlmM thlt II IMimIML M w m Nmid Ihe itmMi In their femm. Thembm hmanl Mn Illo W d lib ~mllMIImoMI Ihln dml~ I ~lt lilMr box or woddno bi iff ami · , e.ung,mw or undenmm~ mm; · · .ddnWg.~mm~ . · woddng in ga~dmm Or playing In ~endlmma tlmt mntaln ~at fec~. PNgn.noy .nd tmmpMmoeb tp:./~www, m~ko.gov~~v~:top~.h~ .. 7/1'1/2006 · .Be THE BAKERSFIELD CALIFORNIAN FRIDAY' AUGUST 11, 20'06. Letters Solutions offered for cat woes.... ups and c~re for them. non-cat owners and our local governm'ent Why do people feel it's OK to let cats will eventually do something to help allevi:.: This letter is in reHards to Michael Poly- roam free? If they need outside time, put ate the problem. Rights should be given to. niak's cat problem. How much city time them on a leash and take them out, just the both sides of this issue, not just to those' and expense are the taxpayers willing 'to same as we do for our dogs. who place the rights of cats over humans. ' put into this ordinance? I have a neighbor who does this with his For years, my husband and I have putuQ~ Since it's best to be smarter than the cat,. cat so she can get fresh air, and it works with the stench of cat leavings (they segm,' here are some suggestions: get a dog; set great for both of them. to prefer a place close to my front door) a!]~ live traps; bring the animal to the SPCA; if MICHAL YNIGUEz cat fur on my patio furniture. We are sick ~ you see them, turn the hose on them-- they Bakersfield' it! We're willing to do. whatever is nece~f~ learn to stay away; put litter boxes on your sary to find something to stop it, within rea-~ sonable bounds. property and ask the cat lovers to ~lean . trapping them and provide the litter; learn 'to love For the sake of peace and fairness and ' the ki~es. ' ' ' ' ' and clean up after them yourself.. It's n0~' JUNE BLAIR · This letter is for 'those who are having you love your cats, please keep them inside.,. Bakersfield problems with their neighborhood cats. right to force others to do iL Strays need .~ . · :. · Red pepper, mothballs and ammonia be picked for adoption or something, ~n.o1~ Humane won't repel cats for Ion,. It is not really left to roam around leavin~ their fllth'on tli~.; · ' 'your responsibility to create an Odor fence property of others, i~:' to keep the kitties from trespassing in your MYRTIE McPI-iEkN Yes, roaming cats are problematic, yard. .: Bakersfield; Despite countless programs available 'to Since cats are 'COnsidered by the law to'_r ULC L C~l.L~nl'~'~"'C~'"'~'~'"' " financially assist pet .owners with .the costbe wild animals, it is perfectly.legal to trap of alterinl~, many owners are irresponsi- them. Once they are in the trap, you take hie.", them safely and gently to the pound or I am weighing in On the side of ~ Abandoned cats/kittens are left in every SPCA facility and turn them over to the Polyniak, and I'm not "an angry person'.'~in-,~ park, vacant lot and apartment complex! authorities there, a "bad neighbor." (I am a cat lover, but.~;.'_ Two products actually are humane and After your neighbors have to bail two dogs aren't.) '" do work: Shake Away. and the Havahart "Flufff' out of kitty jail a few times, they My masons for wanting cat laws are Spray Away hose attachment, will become more proactive in ensuring ferent but equally as disturbing to me. ~~.'*; As usual, it is the abandoned animal who that he stays in his yard and your problem Several months ago; I had the very pays the price: How wonderful that neigh- is on its way to being solved, tunate experience of witnessing a cat bors are compasSionale enough tO feed and -. The idea of adopting a local cat ordi- mY street that had either been hit by a ve//i~: alter these homeless cats. In the meantime,nance is fine, but how would it be enforced? cie or was poisoned. It was something I will; a Bakersfield 'man who was featured in a Who would do the patrolling, catching, etc? never forget. Within the last couple, o~ recent Californian story 'could direct, hisSince a local man who has proposed such weeks, I saw a kitty on the median at rhsh:. energy into a five-minute scooPin~ activity; an ordinance is already branded as a "bad hour on White Lane. · this discourages other cats from using the · man"' by the cat lovers, why nOt give my When I stopped to try to grab it, it ran' , method a try? into my wheel-welL As traffic was backingS. same area. BARBARA HAYS .The Intemet has plans fOr traps that can up, a kind woman behind me got out of her. President, The Cat People be built very inexpensively. They are very vehicle to help me rescue the kitty. It · Bakersfield effective; Trust me, it works! tually disappeared either into traffic'/rill ALAN NEUMANN under someone's car and likely met. Putcatsonleash' ~k,,,,~d same fate as the cat menfioned earlie,.i have also had my fill of seeing C~tl~; splattered aH over the roads and it I have to agree with the genfleman who isWe have rights, toob~ll~tti~mot~,ndmor~fr~q,ent. ~lOng th, ¢i~ to in~titut~ ¢~t ordin~m¢~. I, I ~y l~w~ ~hould I~ p~d too, h~v~ troubl~ with ~t~ ~r~yinll into th~ After m~ding th~ m'tid~ ~b°ut ~ loe~ that c~t~ ~hould h~w to ~ith~r ~.ay indoom~ ¥~d and mmingtroubl., mn who 1~ h~vin~ ~ problem with cat~ in outdoor~in~l~nore.~,'oron~l~h. I h~v~ two ~nmll doll~ who h~w b~n hi~ ¥~rd ~nd ~om~ woman's' ridiculou~ - Fmnil¥ m~mb~m of min~ who h~w .¢r~tch~d ~md hurt by ¢~ta ¢omin~ into m~por~, "It'~ not th~ ¢~t~' f~ult they w~m h~w ~ lm'~ w~m ~n¢lo~um ~ttach~d their y~d, not to m~ntion th~ m~.~ th~ born" ~nd th~n ~ying h~ w~ "~n ~nl~ window ~o th~ e~t~ ¢~m !Io out~id~, but ¢~t~ le~v~ which w~ h~v~ to pick up. · m~n," I h~d to ~pond. prolfibit~d fromro~ming £re~lY.Loil STOKing' i~ And with ~fll du~ m~pt~-'t to th, n~ighbor P~rlmp~ if mom p~opl, continu~ to ¢om~ who feeds the stray Cats, stop it} If you want plain about the problem many of us have, Bakersflelii'; ...~ Page 1 of 1 3ean Parks - Message for Legislative and Litigation Committee III I From: Jean Parks To: Alan Christensen Subject: Message for Legislative and Litigation Committee Diane HcClanahan 1100 Saywood Ct Bakersfield, CA 93312 Ms. McClanahan called and left the following message for the Legislative and Litigation Committee regarding Regulation of Cats. She is in favor of regulating cats. The neighbors' cats are tearing up her flowers and defecating in the flower bed. She requested mailed copies of the agenda. about:blank 8/9/2006 REDLINED ORDINANCE NO. AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING CHAPTER 9.23 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO LOUD AND UNRULY EVENTS. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Chapter 9.23 of the Bakersfield Municipal Code is hereby amended to read as follows: Chapter 9.23 ~SSESS.MENT OF SERVICE FEE FOR COSTS FOR LOUD OR UNRULY EVENTS Sections: 9.23.010 Purpose. 9.23.020 Findings. 9.23.030 ........... ' "'"~ ......... "', cvc.":t= ,.,,.';'~*;'""'~...,.,,. Definitions. 9.23.040 O ............. ;k,.. *... = ,.....~ ........ "' cvc.-.t. Resoonsibilitv for pro~ Manauement 9.23 .070050 r,;,,;,.,......';" ~,;,;,,,__ . ..-, ~,,,..,. ,r,..... .... ,.,..,...~° ,.."* =......... ..... .-" rccpcn cc *".,, = ...__'"' "'~ ,,-.,. u~dy-event~Warninq issued at time of initial response. 9.23.060 Pone!fy =nd =mc'.:'nt cf cc.".'!cc fcc. Civil liability for the costs of a second or subsequent response to a loud or unruly event, 9 23 070 ~'"'";""; ..... '~ "* ~;"'~ "* ;";*;"' ccpcnse Penalty and ........... = ........................ r . amount of service ~. 9.23.080 Assessment of service fee;. 9.23.090 Notice of assessment of service fee. 9.23.100 Payment of service fe~.. 9.23.110 Sm=!! c!=~mc ccfc:ccmc.-.t. Loud or Unruly Events where alcoholic beveraqes are served to, or consumed by, undera.qe persons. 9.23.120 Protected activities~ 9.23.130 Riqht to Appeal Administrative Citation and Service Fee to the City Manaqer. 9.23.! 10140 Smati-~aims Enforcement. 9.23.150 Severability. S:\COUNCIL\Ords~06-07 Ords\9.23.CoolParentsAmdOrdRdln. doc -- Page 1 of 10 Pages -- REDLINED 9.23.010 Purpose. This chapter is adopted pursuant to Article III of the City Charter in order to provide a means for recovering the costs incurred by the city for the city police and fire department personnel participating in a second or sUbseouen~t response to a loud or unruly event from the person or persons responsible for such event or multiple resm~nses to multinle loUd or unrulY events at the Same address. Further.. this Chapter is intended to deter the service to.. and consumption of alcoholic beverages by underage persons. This purpose is implemented by the imposition of a civil money penalty against social hosts and landowners (includino landlords) for loud or unruly events where alcoholic beverages are served to or consumed by.. underaoe oersons. A violation of this Chapter shall be a civil offense separate from any ~)otential criminal imnlications. As such. violators may be subiect to the civil remedies available to the City of Bakersfield.. such as fines, restitution and abatement measures. Further.. unlike criminal offenses; a violation of thin Chaoter does not carry the possibility of incarceration. 9.23.020 Findinqs. The City Council finds as follows: A. That personnel from the city police and fire departments spend a significant amount of their time responding to loud and unruly events as defined in this chapter; B. That frequently, police and fire department personnel are required to respond a second time or multiple times to the same loud or unruly event after warning the person or persons responsible for such event that the event is being conducted in an unlawful manner and must be terminated and that frequently~ a res[~onse is reouired because ~"' -c~scn '''~ +~'"' ~""* *~,o* those resoonsible .... ~...,~'" ............. .....,, ... ~...,.....,.. failed to take the steps necessary to terminate such unlawful conduct;..,'- ..,4 C. That frequently; police and fire department personnel are required to respond multiple times to the same address for multiple loud or unruly events after warning the person or persons responsible for such events that they are beino conducted in an unlawful manner and that frequently,, a response is required because those responsible failed to take the steps necessary to prevent the occurrence of further unlawful events at that address; and C.D_~. That it would be appropriate to recover from the person or persons responsible for a loud or unruly event the costs incurred by the city for the police and fire department personnel participating in a second or subsequent response to an address such cvcnt in those situations in which such person or persons were duly warned at the time of the initial response that a ..... ,4 ........ service fee would S:\COUNCIL\Ords~6-07 Ords\9.23.CoolParentsAmdOrdRdl n. doc -- Page 2 of 10 Pages -- REDLINED be assessed against them if further responses were required due to the continuation of the unlawful event or the occurrence of future unlawful events, at ¢'0 *~'"'" ''~ ¢'0 ;";*;"~ responco *'" tko ..... ~ E. That the occurrence of loud and unrulv events where alcoholic beveraoes are served to. or consumed bv. underaoe'oersons is harmful to the undera~e persons involved and a threat t(~ 'public h~alt'h., safety., quiet enjoyment of residential DroDertv and the oeneral welfare. Underaoe persons often obtain alcoholic bev~rag'es at events th-at are under the control ~)f ~ person who knows.. or should know., of the underage consumption of alcohol, F. That in many cases., persons having possession or control of DroDerty who are responsible for the occurrence of loud or unruly events on that proDertv have failed to ensure that alcoholic beveraoes are neither served to.. nor consumed by.. underaoe persons at these events. Furthermore.. problems associated with loud or unruly events where alcoholic beverages are served to; or consumed by.. underaoe persons are difficult to prevent and deter unless the Bakersfield Police DeDartment has the leoal authority to direct the host to disoerse the oatherino. G. That law enforcement, fire and other emeroency response services personnel have., and are required to. respond., sometimes on multiple occasions in the same calendar year. to loud and unruly events resultin(3 in a disDronortionate exoenditure of Dublic safety resources and delavino official resoonses to regular and emeroencv calls in the rest of the City of Bakersfield. Additionally: underage drinking at such events has resulted in disproportionately hioher numbers of underage persons driving while intoxicated., increased social violence; and incidents of sexual assault. 9 23 030 ' "' '-~ ........ ]" ¢v¢'-*= dcfi.".cdDefinitions For purposes of this chapter, the followino terms ['-, ,'~ ..... * '-'-"~ ...... ' ....... * are defined as follows: A. A loud event means an event or incident which results in any loud or unusual noise which disturbs the peace and quiet of a neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitivity residing in the neighborhood and is unlawful under the provisions of Chapter 9.22 of this code; and B. An unruly event is any event or incident which threatens the public health, safety or welfare and is unlawful under the provisions of this code or the laws of the state, C. "Alcohol" means ethyl alcohol, hydrated oxide of ethyl., or spirits of wine. from whatever source or by whatever Drocess produced, S:\COUNCIL\Ords~6-07 Ords\9.23.CoolParentsAmdOrdRdln. doc -- Page 3 of 10 Pages -- REDLINED D. "Alcoholic beverage" includes alcohol, soirits., liquor== wine. beer, and which contains one-half of one oercent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted., mixed., or combined with other substances. E. "Juvenile" means any person under eighteen years of age. F. "Underage person" means any person under twenty-one years of 8~-3,~040 G. "Persons responsible" *'--.,.. ... ~' ...,...'-',,'~ ... ........ ,.......,' ....... .........* For purposes of this chapter, a person over the aa_e of eighteen (18___) shall be considered to be responsible for a ~" ''~ ........ ............ y an event if: ~ 1, Such person is entitled to possession of any private property on which the event occurs, either by reason of the fact that such person is an owner entitled to possession of such property or by reason of the fact that such person is a lessee or tenant entitled to possession of the property; or ~.___ Such person is entitled to the use of any public property on which the event occurs by reason of any permit or entitlement issued to such person by the city or any other governmental agency owning or otherwise controlling the property; or Such person accepts responsibility for the event. A responsible person for a loud or unruly event need not be present at such event resulting in the response giving rise to the imposition of civil money penalties or response costs. Prior knowledoe of the loud or unruly event is not a pre-requisite to a finding that any specific ~-ndividual is a responsible person as defined by this section. 040 ccpc.-.='blc tResponsibility fo 9 23 o ...... r : ,... = ,,,,,,~ ........ k. ................. , cv=n r Property Manaqement. Every owner, occupant, lessee or holder of any Dossessory interest of a oroDertv within the City. of Bakersfield is required to maintain, manage and supervise the orooerty and all persons thereon in a manner so as not to violate the orovisions of this chaoter. The owner of the Drooertv remains liable for such violations regardless of any contract or agreement with any third party reoardino the Drooertv~ eve~Warninq issued at time of initial response. Where personnel from the city police or fire department responding to a loud or unruly event determine that the ,,,"o,,,",' ,",',,',~,,,-* ....... ;'-'" '-* o,,,'h event can be terminated or otherwise appropriately addressed without arresting or citing the person or persons responsible for the event, such police or fire department personnel may S:\COUNCIL\Ords~06-07 Ords\9.23.CoolParentsAmdOrdRdln. doc -- Page 4 of 10 Pages -- REDLINED issue a warning to any person responsible for the event in lieu of arresting or issuing a citation to such person or:~r~s for tb 10ud or Unruly event, as a rcc'..'It cf thc eveP,~. Such warning shall set forth the date and time of the initial response, a brief description of the unlawful activity complained of and/or observed at the event, the address of the property on which the event occurred, and a statement that if city police or fire department personnel are required to respond a second time or a subseouent ~ to the seme address because.of the same event or a similar another event within a twc!ve-hour thin da~ period by reason of the fact that the event continues to be conducted in an unlawful manner or by reason of the fact that future events are loud or unruly eVentS as defined i~ Section 9,23,030 of this code. such person or ~ will be assessed a service fee as and for the city's second or subseouent response costs in the amount provided for by this chapter. Such warning shall also state that the service fee, if any, shall be in addition to any criminal fine or other sanction arising out of any arrest of such person or the issuance of a citation to such person as a result of such response or resoonse~s. Any person issued a written warning in the manner provided for by this section shall sign the warning acknowledging receipt there;f. ~ : ! ! ~ ' ~ ioud or unruly eVent. 9.23.060 Pe.-:.c!t¥ =.-.d =mcu.-.t cf cc.:icc fccCivil liability for the costs of a second Or SUbSeouent response to a loud or unruly event. Any person ~ responsible for a loud or unruly event shall be civilly liable to the city for a service fcc which fee shall represent all costs incurred by the city arising out of a second respeP, se or subseouent resDons~e which is made by the city police or fire department to e.o.J~Ldy..a,s~ such event where: A. Any member of the police or fire department initially responded to the same address eve~ during the preceding twe4ve-heu~ thirty day period; B. At the time of making such initial response, personnel from the city police or fire department warned such person ~:_i~:&0J~, in writing, that the event was being conducted in an unlawful manner, and that if police or fire department personnel were required to respond a second time or multiole times to the address because of the same lOUd or unruly event or oth~ event~, eve~, suc--~erson or ~ would be assessed a........,,.~'~ ,....~....,.... service fee ..~ .... ~.,,..'~ for the city's seee~ response costs in the amount provided for by this chapter; and C. Following such initial response, the city police or fire department were required to respond a second or subseouent time to the cvcnt same addres~ by reason of the fact that either the event continued to be conducted in an unlawful manner, or another loUd or Unru!v event was held in an unlawful manner at the same add~s~, notwithstanding such ~ written warning. S:\COUNCIL\Ords~06-07 OrdskO.23.CoolParentsAmdOrdRdln. doc -- Page 5 of 10 Pages -- REDLINED 9 23 070 uu......'..,,., -' ..... '" "° °""'" "' "";'""' rccpc.-.ccpena~ and amount of ~.rvice fee, In addition to the. ~ ~ provided for in Chapter 1.40 of this code or S~cflong:23;ilO of thls c°de when aPPr°Priate, the city of Bakersfield may assess the service fee specified in Section 9.23.05096___~0 pursuant to Chapter 3.70 of this code if the city has satisfied all the conditions stated in Section 9.23.050960. 9.23.080 Assessment of service fee. Where the city manager or his designee determines that a second response or subSeouent resoonse has been made to a loud or unruly event within a ~.¥c!vc hour ~ period following the initial response to ~ the same address, the city manager or his designee shall assess a service fee against any person or persons responsible for the event who was issued a written warning at the time of the initial response to the event in the manner provided by this chapter. Such service fee shall be determined pursuant to Chapter 3.70 and shall b~e consistent with the costs incurred by the city for all of the police and/or fire department personnel participating in the second ~, or subseouent resoonse~ or the sum of one thousand dollars, whichever is less. Where two or more persons are assessed a service fee for the same resoonse to a loud or unruly event, all such persons shall be jointly and severally liable to the city for the full amount of such fee. Each resOonse by. city .pO.liCe or fire deoartmerlt oerSonnel is a seoarate event, and a Corresoondina service.fee ma.v be assessed for eaCh.SUch resoonse that Occurs within thirtv davs after an initial Warnin.a. in oiven. 9.23.090 Notice of assessment of service fee. Upon ~ a de~rm~naflon to assess a .......... ~, ..... service fee or fees against a person ~ responsible for a loud or unruly event or events, the ..,.~ managor Chief of POliCe or his designee shall cause notice of the assessment to be served on such person ~ by depositing such notice, first class postage prepaid, in the United States mail addressed to tho each person at fha each person's last known address, in addition to setting forth the amount of the s~cond rospon~o ~ fee. 9.23.100 Payment of service fee. Every service fee assessed upon a person or___Dersons responsible for a loud or unruly event in the manner provided by this chapter shall be due and payable on or before the last day of the month immediately following the month in which notice of the assessment of the fee was mailed to such person. In the event of the failure of a person assessed a ..... '~ ........ service fee or fees to pay such fee when due, a delinquency penalty of ten percent shall be added to the fee on the last day of each month after the due date thereof; provided, however, that the total amount of such penalties shall not exceed fifty percent of the fee or fee_____~s, in addition, in the event of the failure of a person assessed a ..... '~ ........ service fee or fees to pay such fee or ~ when due, such person shall be assessed interest on the amount of the delinquent S :\COUN CIL\Ords~06-07 Ords\9.23.CoolParentsAmdOrdRdln. doc -- Page 6 of 10 Pages -- REDLINED fee ~, exclusive of any penalties thereon, at the rate of one percent per month, or any fraction thereof, from the date the fee or fees first became delinquent until the date the fee ~ is paid. 9.23.110 Small claims cnfc;ccmentLoud or Unruly Events where alcoholic beverages are served to; or consumed by.. underage persons. A. It is a civil violation of this Chapter.. and a public nuisance constituting an immediate threat to public health and safety warranting summary abatement, for any responsible person to conduct or allow a loud or unruly event at which service to. or consumption of alcohol or alcoholic beverages by, undera(~e persons occurs. Each responsible person found in violation of this section will be individually subiect to the full civil money penalty of $1000; irrespective of the number of persons held liable for the same event. B. Nothing in this section shall be construed as a waiver bv the City of Bakersfield of any right to seek reimbursement for actual costs of response services throu(~h other legal remedies or procedures. Imposition of a service fee or fees under section 9.23.060 of this code is separate from the civil penalty of this section and may be imDosed in addition to the penalty described in this sectiorh C. Any loud or unruly event at which service to or consumption of alcohol or alcoholic beverages bv underac~e oersons occurs constitutes a public nuisance and an immediate threat to public health and safety and shall be summarily abated by the Bakersfield Police Department by all reasonable means including., but not limited to; an order requiring the event to be disbanded and citation under this chapter as well as an administrative citation and/or arrest of any law violators under any other applicable ordinances and state statutes. D. The City Attorney and the Bakersfield Police Department are authorized to administer and enforce the provisions of this section. The City Attorney and the Bakersfield Police Department may exercise any enforcement powers provided bv law in executin(~ this section. E. The Bakersfield Police Department shall issue a citation to any oersons found responsible for the loud or unruly event involving service to or consumption of alcohol bv undera(~e individuals. The citation will be issued at the location of such an event., at which time the responsible person(s) shall si(~n his/her name to acknowledge its receipt. 9.23.120 Protected activities. This chaoter shall not aPPly to activities protected by Article I.. Section 4 of the California Constitution. S:\COUNCIL\Ords~06-07 Ords\9.23 .CoolParencsAmdOrdRdln. doc -- Page 7 of 10 Pages -- REDLINED 9.23.130 Rioht to AoDeal Administrative Citation and Service Fee to the City Manaoer. A. A responsible person who is subject to civil liability or a penalty pursuant to Section 9.23.060 or 9.23.110 may contest by filin_o an appeal with the City Clerk within ten (10) days from the date of the issuance of the administrative citation or service fee mailin¢~_. B. The City Manager may reverse: affirm wholly or partly., or modify, the administrative penalty or service fee. The decision of the City Mana=er on any such aooeal shall be final on adootion of an order containin= its determination. Notice of the final decision shall be served bv certified or re=istered mail or] the affected persons. C. Pursuant to Section 1085 of the Code of Civil Procedure. any person who has received an administrative citation or service fee issued oursuant to this chaoter, may.. followino exhaustion of administrative remedies, seek judicial review of the order bv filing a petition for writ of mandate within ninety (90) days after the order becomes final and bindin= Bursuant to this chapter. Notwithstandin= the orovisions of Section 1094.5 or 1094.6 of the Code of Civil Procedure. any oerson who contests the final administrative order issued under this chaoter re_oardino the imoosition., enforcement or collection of the administrative nenalties imposed, may seek iudicial review of the order bv filinQ an a~oeal with the Suoerior Court within twenty f20) days after service of the order in accordance with Section 53069.4 of the Government Code. 9.23.! ! 0140 Small~_~ai~-Enforcement. The city or its agent may use all le.qal means to enforce the assessment of thc any service fee or fees or administrative oenaltv or oenalties r,,, ,;,,,, an -~*;'-" ~'-~ ,~,,-,,,, ...,,.,,,,...,,,..,""""'"*~'"", ..,"~ , ......, ,..,, ,'--:, ,,~", ,~,,, ,,., .... .. ,,, ,.. ,," ,.,o~..,,.,,,, ,., ...... ....,~, ,~ ..,,'"~ *~',, ,,., ...... ..,.,,~, ,,:, .*" The city or its agent may use all legal means to enforce any judgment obtained against the responsible parties including but not limited to recording an abstract of judgment and wac~e garnishment ef wages. 9.23.150 Severabilitv_. If anv section., subsection., sentence, clause., phrase or oortion of this chaoter is for any reason held invalid or unconstitutional bv any court of comoetent jurisdiction., such oortion shall be deemed a seoarate., distinct and indeoendent orovision, and such holding shall not affect the validity of the remaining portion thereof. S:\COUNCIL\Ords~O6-07 Ords\9.23.CoolParentsAmdOrdRdln. doc -- Page 8 of 10 Pages -- ] EDLINED SECTION 2. This Ordinance shall be posted in accordance with the provisions of the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. ....... oo0oo ........ S:\COUNC1L\Or~s~06-07 Ords\9.23.CoolParentsAmdOrdRdln. doc -- Page 9 of 10 Pages -- DL] NED I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on , by the following vote: AYES: COUNCILMEMBERCARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SCRIVNER NOES: COUNCILMEMBER ABSTAIN: COUNClLMEMBER ABSENT: COUNClLMEMBER CITY CLERK and EX OFFICIO of the Council of the City of Bakersfield APPROVED: By: HARVEY L. HALL, Mayor CITY OF BAKERSFIELD APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By:. HELENA RHO Associate City Attorney S:\COUNCIL\Ords~06-07 Ords\9.23.CoolParentsAmdOrdRdln. doc -- Page 10 of 10 Pages Lz~CO 5300 Lennox Ave: Suite 303 (661)716-1076 Bakersfield CA 93309 FAX (661)716-1079 Kern County Local Agency Formation Commission August 10, 2006 Alan Christensen Assistant City Manager City of Bakersfield 1501 Truxtun Avenue Bakersfield CA. 93301 Dear Mr. Christensen: Thank you for your letter of July 25, 2006. This letter comes at a good time. The first week in September I will be meeting with my colleges from around the state. It would be the perfect time to ask about pre-annexation procedures other cities use. I will let you know what I learn. Sincerel,¥,_ William A. Turpin Executive Officer BAKERS'FIELD Alan Tandy · City Mana!~er July 25, 2006 William Turpin Executive Director LOCAL AGENCY FORMATION COMMISSION 5300 Lennox, Suite 303 Bakersfield, CA 93309. Dear Mr. Turpin: As you may have heard, the City of Bakersfield is in the process of re-evaluating our pre-annexation policy. A red-lined version is enclosed for your review. A question has arisen as to whether you, as the LAFCO Executive Director, will recommend that annexations to the City'of Bakersfield be delayed and/or denied if our pre-annexation policy is not followed. We would appreciate your response to this question in writing, and your written opinion as to whether you believe Kem.County cities should have pre-annexation policies, or if they should rely solely on state law governing annexations. Sincerely, Alan Christensen Assistant City Manager Enclosure Cc: Alan Tandy, City Manager (wi attachment) Pamela McCarthy, City Clerk (w/o attachment) Virginia Gennaro, City Attorney (w/o attachment Stan Grady, Development Services Director (w/ attachment)) City of Bakersfield · City Mana~Jer's Office ° 1501 Truxtun Avenue Bakersfield · California ° 93301 (661) 326-3751 · Fax (661) 324-1850 B A K E R S F I E L D CITY CLERK'S OFFICE MEMORANDUM July 13, 2006 TO: Legislative & Litigation Committee pamela McCarthy, City Clerk~.~ FROM: sUBjECT: Survey of Cities Regarding Annexation Policy At the request of the Committee, I placed a survey question on the City Clerk's "LiSt Serve.·" Through this venue, I sent an e-mail requeSting information to 345 City Clerks throUghout the State, With only fiVe responding. No one rePorted having a poliCy that iSas detailed or complicated as our current policy. . ThOse that responded were 'merelY reCaPs of the State Law and LAFCO · procedUres. There were no specifics regarding dates, times or language to ·be uSed in notices;. There were no particulars regarding neighborhood meetings.and there were none reported holding any Pre-LAFCO hearings before the City .CounCiL .'.Additionally, I requested information from each of the eleven incorporated cities ~n Kern COunty. California Cityl Maricopa, McFarlandl Shafter, Tehachap! and Wasco responded that they follow LAFCO guidelines only. Arvin, Delano, Ridgecrest and 'Taft failed to respond.. . The .folloWing' is a recap of the responses received. City ·· Information Provided ClOvis Most of their anneXations ·are rUral '" residential where the homeOwners are loOking for services. The City enters into Annexation Agreements With the PropertyI whiCh outlines the services to be provided,. zOning,'etc.. They do not hOweverl, hav® a formal "Pre,Annexation" procedUre. Gilroy Their POlicy is more of a Guideline focusing °n Zoning, agricUlture and special districts. It does not address Steps to be taken .prior · to proceeding with annexation. It does not provide a time-line nor does it referenCe 'neighbOrhOod meetings or FAQ's. Legislative & Litigation Committee Re: Survey of Cities regarding Annexation Policy July 13, 2006 i'rvine They follow LAFCO only. Montclair No formal written policy. They do have a process used in reCent years, Which include informal workshops to discuss impacts and have aVailable a Q & ^ sheet available.' There is no specific time, line referenced. Santa No formal written policy. They do have a Clarita process, which includes a COmmunity Meeting. No specific time frame outlined and 'no protest Hearing'other than LAFCO. S:~vlEMOS\COUNClL\Leg&Lit-Annex Survey3.DOC Page 2 of 2 RESOLUTION NO. A RESOLUTION BY THE CITY COUNCIL FOR THE CITY OF BAKERSFIELD AMENDING AND RE-AFFIRMING CITY'S ANNEXATION MISSION STATEMENT AND ESTABLISHING A PRE-APPLICATION PROCESS FOR ANNEXATIONS. WHEREAS, the City Council for the City of Bakersfield adopted an Annexation Mission Statement on February 21, 1996 which outlines several reasons why the City pursues annexations and the manner and outcomes which are expected to result from said annexations; and WHEREAS, the City Council for the City of Bakersfield adopted Resolution 029-02 regarding the City's Pre-Application Process for Annexations; and WHEREAS, the City Council for the City of Bakersfield adopted Resolution 029-02 regarding the City's Pre-Application Process for Annexations; and WHEREAS, State law requires the annexation procedure to be under the auspices of the Local Formation Agency Commission (herein "LAFCO"); and WHEREAS, annexation remains an identifiable goal of the City Council, a recommended positive step in the Vision 2020 Plan, and a supported finding from the 1999-2000 Kern County Grand Jury; and WHEREAS, the City Council intends to disseminate annexation information prior to the involvement of LAFCO and desires to assure citizens that to the extent annexation information is provided by the City, that it occurs in an honorable, courteous, informative, timely and honest manner; and WHEREAS, the City desires to re-affirm the goals and pledge of said Mission Statement by establishing a Pre-Application Process which will govern how City Council and City staff handle annexations, prior to the involvement of LAFCO; and WHEREAS, the Pre-Application Process will include a number of steps, to notify the property owners/occupants within the proposed area c~ cf wh!ch ch~!! 5~ ~ .Not!c~d H~rin9 ~v,v, ~'~'~'-" *~'"..,v _~,.~. ~,,v,~ ~ o~.,~,.o~,,~,~ r'-~,,,v,., r",-.,v~, ,~,,'""a prior to adoption of the Resolution of Application. NOW THEREFORE, incorporating the above recitals herein, the City Council for the City of Bakersfield hereby: 1. Amends and re-affirms the Annexation Mission Statement adopted by the Bakersfield City Council on February 21, 1996, attached hereto as Exhibit "A" and incorporated by reference herein. 2. Adopts the Annexation Pre-Application Process attached hereto as Exhibit "B" and incorporated by reference herein. ' 3. This Resolution supersedes Resolution 029-02. -oo0oo- I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on , by the following vote: AYES: COUNCILMEMBER: CARSON, BENHAM, MAGGARD, COUCH HANSON, SULLIVAN, SCRIVNER NOES: COUNClLMEMBER: ABSTAIN: COUNCILMEMBER: ABSENT: COUNCILMEMBER: PAMELA A. McCARTHY, CMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED: By: HARVEY L. HALL Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: VIRGINIA GENNARO City Attorney :pmc S:\HEARINGS~N N EXSPolicy\RedLine Strikeout~An nexReso. DOC Created on 6/21/2006 1:11:00 PM EXHIBIT "A" ANNEXATION MISSION STATEMENT The purpose of the City of Bakersfield's annexation efforts is to provide clear consolidated boundaries which result.in the most effective delivery of urban services and in the most efficient use of taxpayer dollars. In fulfilling this mission, we, the city of Bakersfield elected officials and staff pledge the following: · To deliver services to citizens within newly annexed county areas more efficiently and with a greater transfer of benefits as a result of becoming a part of the City; and · To provide quality services to citizens in the most efficient, effective and courteous manner possible; and · To encourage current and future residents to participate in determining the direction and spirit of the City and its neighborhoods; and · To assure our contact with citizens will be in the-me~ an honorable, courteous, informative, timely and honest manner in our efforts to encourage adjacent residents to unite with the City of Bakersfield; and · To make continual efforts to improve the quality of life, the delivery of services and the community spirit within and around Bakersfield; and · To preserve the integrity of each property owner's vote, by not combining non- contiguous areas on the Resolution of Application, unless 100% owner approval is received in writing by the City. EXHIBIT "B" ANNEXATION PRE-APPLICATION PROCESS The following steps are proposed for the City of Bakersfield prior to application for annexation to LAFCO of territory inhabited by 12 or more resident electors: · Identify Proposed Annexation Area Development Services Department - Planning Division will identify the proposed annexation area, based on request by City or Citizens to initiate annexation. · Notify City Council The Development Services Director will notify the Council, in writing of the annexation proposal. This notification, by way of memorandum, will be distributed through City Manager's weekly General Information Memo, which is available in the City Clerk's Office. · Send out "Frequently Asked Questions" ~:requently asked questions and responses regarding the proposed annexation ~,, ,-.,~,~--, ,-,~*' .... ~..,.v,-,~...~ ., .~ .. .. .. v ,* ; ..... ,v ~,,,~,~ , .... .-.v~.v,~ .... ,....., will be prepared by the Staff r', .... , ..... , e,~,.,~,-~., r,,~.,.~,~,....,~f made available on the City's website at www.bakersfieldcity.us and provided at informational meetings. Additionally, a copy will be included with the Notice of Proposed Annexation and mailed to all property owners/occupants within the proposed area. Standard questions will appear on all letters. Some additional questions and / answers with regard to taxes or other issues specific to the area may be included. · Informational Meetings At least one mandatory noticed informational meeting at a public facility will be conducted within the proposed annexation area. The Kern County Supervisor representing the area and County staff will be invited to these meetings. Best effo~s wi!! be made te conduct City Councilmembers may wish to also schedule additional informal meetings in the area in order to share information and this should not be precluded. In all cases, the Councilmember will be invited to any informational meeting. In all cases, the Councilmember will be invited to any informational meeting. Efforts will be made to use public facilities for informational meetings. However, this does not preclude the use of resident homes. · It is the intent of this section to assure that information is readily available and shared with citizens. With this in mind, staff will attempt to use the internet to disseminate annexation information when financially feasible. It is imperative that staff be available to respond to questions by citizens and share information in either a group or individual setting. · Notification r~,.,... ,h,. h,..~.~,.,, h-.o ~, ..... h,..~..~..,4 written notice will be mailed to all property owners/occupants within the proposed area. Netiee will be a prepaid post card included,,,;'- *~"-..,~ ,,...,....."'-*;"'- '-;";"'-~,.,,,~ requesting the owner/occupant ...... "*..~';*', *'- express their opinion regarding the annexation, by mail or personal delivery. This is an informal request for information and not a formal voting procedure. The notice will be prepared and mailed by City Clerk Staff no later than 20 days prior to the hear4¢~ Resolution of Application. See attached Exhibit "1" and "2" 2 D, ,b,;c~%n · Resolution of Application A Resolution of Application for Annexation of a proposed area will be brought to the Council for otha.',;;!sa by Cau"s~ consideration. The public can address the Oouncil at this time. Final approval of the proposed annexation will be determined by the Local Agenay Formation Commission (LAFCO). Contact LAFOO at (661) 716-1076 for additional information on their proaeedings. EXHIBIT "1" NOTICE OF u"'^°'~'G BEFORE Tu," PROPOSED ANNEXATION BY THE ~ITY ~F ~AKE~SF~E~D Bakersfield ANNEXATION NO. 398, GENERALLY KNOWN AS PANAMA ~12. ~ A Resolution of Application will be ~ heard before the City Council of the City of .............. ~ p.m. at 6:30 p.m., or as soon thereafter as the matter may be heard on WEDNESDAY, NOVEMBER 14, 2001, in the Council Chambers, City Hall, 1501 Truxtun Avenue, Bakersfield, California, 93301 Th .......... purpose of this action is to initiate proceedings with the Local Agency Formation Commission (LAFCO). The area being considered is generally located noah and south of Panama Lane, west of State Route 99 (Freeway 99). See the attached map (Exhibit A) that shows the affected territo~. These proceedings were initiated by the prope~y owner(s) or City (choose one1. The reason the has proposed this annexation is WRITTEN CO.~."..~.".ENTS The City Council is interested in your written comments regarding the proposed annexation. Comments may be filed by any owner/occupant within the proposed annexation area, by returning the enclosed, postage paid postcard, or letter with the City Clerk at any time prior to adoption of the Resolution of Application by the City Council. Final approval of the proposed annexation will be determined by the Local Agency Formation Commission (LAFCO). Contact LAFCO at (661) 716-1076 for additional information on their proceedings. Dated: Pamela A. McCarthy, CMC City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield NOTE: Notice to be mailed in City of Bakersfield Envelope with "Public Hc~rlng Ncticc" in Rod Ink. NOTICE Of HEAR!,HG REGARDING PROPOSED ANNEXATION I ~f;~n- ~ ;~ Tr~ ,v+, ~n A~ ~;+~ ~11 ~, ,n~;I ~m~r~ A Resolution of Application is being proposed for the following territory. The City Council would like to receive your comments, prior to adopting the Resolution. Please complete this card and return to the City Clerk. This is for information purposes only and not an official vote. Regarding: Annexation No. 398, Generally Known as Panama fl12 __ I suppoA the proposed annexation __ I oppose the proposed annexation __ I have no preference regarding annexation __ I request additional information regarding: For Annexation Information Contact: c^. ,~ .... ,;~ D .... '~ Hooting r.^~,~, r-;,., r-~^.~. ,~ 326..3767 For Annexction Information Contcct City Planning @ (661)326-3733 LAFCO @ (661) 716-1076 Councilmember .@ (661) xxx-xxxx B 'A K 'E R S. iF I E L D City Clerk's Office 1501 Truxtun Ave. Bakersfield, CA 93301 CITY CLERK CITY OF BAKERSFIELD 1501 TRUXTUN AVENUE BAKERSFIELD CA 93301