CC - Item 5D - Ordinance No. 970 - Second Reading and Adoption Amendments to Rosemead Municipal Code Title 6 - Animals S E M E
it IC 0 0 ROSEMEAD CITY COUNCIL
STAFF REPORT
it 6,1411:1}07
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: BILL R. MANIS, CITY MANAGER\ ..,
DATE: JANUARY 10,2017
SUBJECT: ORDINANCE NO. 970 — SECOND READING AND ADOPTION:
AMENDMENTS TO ROSEMEAD MUNICIPAL CODE TITLE 6 -
ANIMALS
SUMMARY
On December 13, 2016, the City Council introduced Ordinance No. 970. amending Rosemead
Municipal Code Title 6 concerning animals.
STAFF RECOMMENDATION
That the City Council approve the second reading and adoption of Ordinance No. 970.
FISCAL IMPACT—None
STRATEGIC PLAN IMPACT - None
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Prepared by:
Marc Donohue, City Clerk
Attachment: Ordinance No. 970
ITEM NUMBER: 5D
SIM E
r-r. cv
liffORPOPATED
Attachment
Ordinance No. 970
ORDINANCE NO. 970
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD,
CALIFORNIA, AMENDING ROSEMEAD MUNICIPAL CODE TITLE 6
CONCERNING ANIMALS
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROSEMEAD, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Chapter 6.02.010 of the Rosemead Municipal Code is hereby amended to
read in its entirety as follows:
6.02.010- Definitions.
For the purpose of this chapter, unless it is plainly evident from the context that a different
meaning is intended, certain terms used herein are defined as follows:
A. Animal: "Animal" means any beast,poultry, bird, reptile, or fish.
B. Animal Exhibition: "Animal exhibition" means any display containing one or more
domestic or wild animals which are exposed to public view for entertainment, instruction,
or advertisement.
C. Animal Menagerie: "Animal menagerie" means a place where wild animals are kept or
maintained for any commercial purpose including places where wild animals are boarded,
trained, or kept for hire.
D. At Large: "At large"means an animal off the premises of its owner unless such animal can
be securely confined by a strong leash securely and continuously held by the owner of such
animal or confined within an automobile.
E. Cat: "Cat" means any feline of any age, including both male and female.
F. Cat Kennel: "Cat kennel" means any lot, building, structure, enclosure, or premises
whereupon or wherein four or more cats,four months of age,are kept or maintained for any
purpose, including places where cats are boarded, kept for sale, or kept for hire.
G. Dog: "Dog" means any canine, including both male and female.
H. Dog Kennel: "Dog kennel" means any lot, building, structure, enclosure, or premises
whereupon or wherein four or more dogs over four months of age are kept or maintained
for any purpose, including places where dogs are boarded, kept for sale, or kept for hire.
I. Grooming Parlor/Mobile: "Grooming parlor/mobile"means any place of business,whether
or not such business is regularly conducted by the operator within a building or other
structure, permanent or otherwise or within a van, truck or other movable vehicle, where
animals arc groomed, clipped, bathed or otherwise conditioned as pets and/or for show.
J. Hobby Breeder: "I lobby breeder" is any person, except for a person possessing a valid
kennel license,which owns and breeds a dog or cat and sells the offspring for pay or other
compensation.
K. Horse: "Horse" means any mule, burro,pony,jack, hinny or jenny.
L. Impounded: If any animal pursuant to this title or any state statute has been received into
the custody of any animal shelter,such animal will have been "impounded",as such word
is used throughout.
M. Impounding Agency: "Impounding agency"means the animal control officer or the City of
Rosemead, or any other agency designated by the City of Rosemead for the purpose of
impounding an animal taken into custody.
N. Large Animal: "Large animal" means any animal that weighs two hundred fifty (250)
pounds or more.
O. Owner: "Owner" means any person, firm or corporation owning,having an interest in,or
having control, custody, or possession of an interest in, or having control, custody or
possession of any animal.
P. Person: "Person" includes any firm, partnership, corporation, trust, association, or
individual person.
Q. Pet Shop: "Pet shop" means any place of business where dogs, cats, monkeys, birds,
reptiles, fish, or any other animals to be kept as pets are kept for sale.
R. Pygmy Pig: "Pygmy pig" means a pig or hog classified as Sus scrofajubatus Muller, Sus
scrofa (cristatus) vittatus, and commonly referred to as a Vietnamese pot-bellied pig,
pygmy pig,or mini-pig,which stands no higher than twenty(20)inches at the shoulder and
is no longer than forty (40) inches from the tip of the head to the end of the buttocks, and
weighs no more than one hundred twenty (120) pounds.
S. Shall and May: "Shall" is mandatory, "may" is permissive.
T. Small Animal: "Small animal" means any animal that weighs less than two hundred fifty
(250)pounds.
U. Unlicensed Dog: "Unlicensed dog" means any dog for which the license for the current
year has not been paid, or to which the tag for the current year provided for within is not
attached.
V. Wild Animals: "Wild animals" can live independently of humans and are not descended
from domesticated animals.They behave in a similar way to other members of their species
and do not need people to provide them with food, accommodation or breeding partners.
W. Wild Species: "Wild species"means any wild, exotic,dangerous,or nondomestic animal,
including, but not limited to,mammals, fowl, fish, or reptiles.
X. Household Pets: A domesticated animal,such as a dog,cat,or Vietnamese pot-bellied pig.
SECTION 2.Chapter 6.04.240 of the Rosemead Municipal Code is hereby amended to read
in its entirety as follows:
6.04.240—Animal Keeping
Household pets and/or Miscellaneous Animals(as listed under RMC Section 6.04.040)may not
exceed eight animals total per dwelling unit.
SECTION 3. Chapter 6.12 of the Rosemead Municipal Code is hereby deleted.
SECTION 4. Severability. If any section, subsection, sentence, clause,or phrase of this
ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of
competent jurisdiction, such decision will not affect the validity of the remaining portions of this
ordinance. The City Council hereby declares that it would have passed this ordinance and each and
every section,subsection,sentence,clause,or phrase not declared invalid or unconstitutional without
regard to whether any portion of the ordinance would be subsequently declared invalid or
unconstitutional.
SECTION 4. Publication. The City Clerk is directed to certify this ordinance and cause it
to be published in the manner required by law.
SECTION 5. Effective Date. This ordinance will be effective 30 days after adoption.
PASSED, APPROVED AND ORDAINED this 10th day of January. 2017.
Sandra Armenta, Mayor
APPROVED AS TO FORM: ATTEST:
Rachel Richman, City Attorney Marc Donohue, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §
CITY OF ROSEMEAD
I, Marc Donohue. City Clerk of the City Council of the City of Rosemead, California, do hereby
certify that the foregoing Ordinance No. 970, was introduced at a regular meeting of the City
Council of the City of Rosemead held on the 131h day of December, 2016 and was adopted by the
City Council of the City of Rosemead at a regular meeting held the 10th day of January,2017,by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Marc Donohue, City Clerk