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Home My WebLink AboutAgenda Report - December 18, 2019 H-05AGENDA ITEM H-5 Crry or Lour C ouNcrl, C onnMUNrcATIoN IM AGENDA TITLE: MEETING DATE: December 18,2019 PREPARED BY: Deputy City Attorney An Ordinance of the Lodi City Council Amending Lodi Municipal Code Title 6 - Animals - by Repealing and Re-enacting Chapter 6.08, "Prohibited Animals," in its Entirety. RECOMMENDED ACTION That the City Council introduce Ordinance amending Lodi Municipal Code Title 6 - Animals, by repealing and re-enacting Chapter 6.08 "prohibited Animals" in its entirety. BACKGROUND INFORMATION: Chapter 6.08 of the Lodi Municipal Code was amended on May 20, 2015 to allow up to five chicken hens per residential parcel, which were previously classified as prohibited livestock. Since the amendment, Lodi Police Animal Services has received few complaints regarding chickens. Most of those complaints dealwith roosters, which have always been prohibited. Quail and ducks are currently prohibited within the city as livestock. The proposed amendment to Chapter 6.08 will allow residents to also possess female ducks and quail in addition to chicken hens. The maximum number of animals allowed will remain at five per residential lot. However, no more than two ducks will be permitted of the five allowable poultry animals due to their larger size and additional care required. All other requirements and restrictions will remain unchanged FISCAL IMPACT None FUNDING AVAILABLE: Not Applicable. n Fukasawa Deputy City Attorney JPF/pjn Attachments cc: Animal Control APPROVED Manager DECLARATION OF POSTING ORDINANCE NO. I975 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE TITLE 6 - ANIMALS - BY REPEALING AND RE.ENACTING CHAPTER 6.08, "pRoHlB|TED ANIMALS," lN ITS ENTIRETY On Thursday, December 19, 2019, in the City of Lodi, San Joaquin County, California, a certified copy of Ordinance No. 1966 (attached hereto, marked Exhibit "A") was posted in the Lodi City Clerk's Office. I declare under penalty of perjury that the foregoing is true and correct. Executed on December 19, 2019, at Lodi, California. ORDERED BY: JENNIFER M. FERRAIOLO CITY CLERK Pamela M. Farris Assistant City Clerk Kaylee Clayton Administrative Clerk ordsummaries\aaDecPost. doc Eltþ{ [ffi¡î A ORDINANCE NO. 1975 AN ORÐINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE TITLE 6 _ ANIMALS - BY REPEALING AND RE-ENACTING CHAPTER 6.08, "PROHIBITED ANIMALS,' IN ITS ENTIRETY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LODI AS FOLLOWS Section 1. Lodi Municipal Code Chapter 6.08 "Prohibited Animals" is hereby repealed and reenacted in its entirety, and shall read as follows: CHAPTER 6.08 PROHIBITED ANIMALS Sections 6.08.010 6.08.020 6.08.030 6,08.040 6,08.050 Definitions Livestock prohibited. Wild animals prohibited. Domesticated animals-Number permitted Determination of age of animal. 6.08.010 Definitions A. "Ðomesticated animals" means those nonferal animals commonly kept as household pets and includes: Dogs (canis familiaris); Cats (felis catus); Reptiles such as lizards or nonpoisonous snakes under six feet in length; and Rabbits. B. "Livestock" means those animals commonly kept for commercial purposes, including, but not limited to: Horses, mules, burros or jacks; ïurkeys, guinea hens, peacocks, roosters or similar fowl; Bulls, cows, hogs, pigs, goats, sheep and llamas. C. "Wild animals" means those feral ànimals, not commonly kept as household pets, including but not limited to: 1. The following members of the class mammalian Order Carnivora, except the domestic dog (canis familiaris) and the domestic cat (felis catus), but including, but not limited to, the family Felidea (such as ocelots, margays and cougars) and family Canidae (such as wolves, wolf hybrids, coyotes and jackals); and t 1 2 3 4 1 2 3 a Order Columbae (such as doves and pigeons) unless registered with a homing pigeon club*California Government Code Section 65852.6; and Order Marsupialia (such as kangaroos and opossums); and Order Chiroptera (bats); and Order Primata (such as monkeys, chimpanzees and gorillas); and Reptiles that are poisonous or in excess of six feet in length or thirty pounds in weight; and Any nondomestic species when kept, maintained or harbored in such numbers or in such a manner as to constitute the likelihood of danger to themselves, to human beings or to the property of human beings. 6.08,020 Livestock prohibited It is unlawful to harbor, keep or have within the city any livestock as defined in Section 6.08.010 (B), wíth the exception of poultry animals, as set forth in Section 6.08.025 of this Chapter. lt is unlawful to slaughter livestock within City limits. 6.08.025 Certain Poultry Animals Permitted The total number of poultry animals allowed shall not exceed five (5) in number on any one residential lot, with no more than two of those animals being ducks. Poultry animals may be kept purely for home consumption and not for commercial purposes, subject to the provisions of this Code. Permissible poultry animals include female chicken hens, ducks, and quail. Male poultry animals are prohibited. Feed for poultry animals shall be contained and enclosed so as not to attract rodents, insects, and other vermin. Poultry animals shall be kept in the rear yard of residential units and not permitted in the front yard. Poultry animals shall be kept in fenced areas, cages or coops that are sufficiently adequate to prevent the poultry animals from escaping from the property and to prevent wildlife predators from gaining entry. Poultry animals must be secured at night in a predator-proof enclosure, cage or coop, to protect from dogs, coyotes, raccoons or other predators. d. lt is unlawful to slaughter poultry animals within City limits 6.08.030 Wild animals prohibited It is unlawfulto harbor, keep or have within the city any wild animal. b. c d. e. 2 3 a. b. c. 2 6.08.040 Domesticated animals-Number permitted. A. lt is unlawful to harbor, keep or have within a single household within the city more than five domesticated animals in excess of four months of age in any combination thereof, except in a licensed business, where permitted in a particular district as provided by Title 17 of this code. B, lt is unlawful to harbor, keep or have within a single household within the city more than one litter of puppies or kittens during any twelve-month period, except in a licensed business, where permitted in a particular district as provided by Title 17 of this code. 6.08.050 Determination of age of animal lf there is any dispute as to the age of any domesticated animal, in the absence of any affidavit or sworn testimony from a person who has personal knowledge of the date of biñh, a determination made by the animal control officer is conclusively presumed to be correct. SECTION 2. No Mandatorv Dutv of Care. This ordinance is not intended to and shall not be construed or given effect in a manner which imposes upon the City, or any officer or employee thereof, a mandatory duty of care towards persons or property within the City or outside of the City so as to provide a basis of civil liability for damages, except as othen¡vise imposed by law. SECTION 3. Severabilitv. lf any provision of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application. To this end, the provisions of this ordinance ere severeble. The City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof. SECTION 4. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist. SECTION 5. This ordinance shall be published pursuant to law and shall become effective 30 days from the date of passage and adoption. Approved this _ day of , 2019 ATTEST: DOUG KUEHNE Mayor PAMELA M. FARRIS Assistant City Clerk 3 State of California County of San Joaquin, ss l, Pamela M. Farris, Assistant City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1975 was introduced at a regular meeting of the City Council of the City of Lodi held December 18, 2019, and was thereafter passed, adopted, and ordered to print at a regularmeetingofsaidCouncilheld-,2020,bythefollowingvote: AYES: COUNCIL MEMBERS - NOES: COUNCIL MEMBERS - ABSENT: COUNCIL MEMBERS - ABSTAIN: COUNCIL MEMBERS - I further certify that Ordinance No. 1975 was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. PAMELA M. FARRIS Assistant City Clerk Approved to Form JOHN P. FUKASAWA Deputy City Attorney 4 ffi PIeøs e ìmmediutely contírm receìpt of this "føx by cølling 333-6702 CITY OF LODI P. O. BOX 3006 LODI, CALIFORNTA 9524T.1910 ADVERTISING INSTRUCTIONS SUBJECT: PUBLISH DATE: SUMMARY OF ORDINANCES NO. I974 NO. I975 SATURDAY, DECEMBER 21, 2019 LEGAL AD TEAR SHEETS WANTED: One (1) please SEND AFFIDAV¡T AND BILL TO: LNS ACCT. #5rOOt52 JENNIFER M. FERRAIOLO, CITY CLERK City of Lodí P.O. Box 3006 Lodi, CA 95241-1910 DATED: ORDERED BY: PAMELA M. FARRI ASSISTANT CITY CLERK THURSDAY, DECEMBER 19, 2019 JENNIFER M. FERRA¡OLO CITY CLERK KAYLEE CLAYTON ADMINISTRATIVE CLERK Verify Appearance of this Legal in the Newspaper - Copy to File SEND PROOF OFADVERTISEMENT. THANK YOU!! Emailed to the Sentinel at legals@lodinews.com at l4 on N :\Administration\CLERK\OrdSummaries\Advins. doc CITY OF LODI ORDINANCE NO. I974 AN UNCODIF¡ED ORDINANCE OF THE LODI C¡TY COUNCIL LEVYING AND APPORTIONING THE SPECIAL TAX IN TERRITORY ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 2007-1(PUBLIC SERVICES) (ANNEXATION NO. 9). The purpose of this ordinance is to levy and apportion the special tax within the territory annexed into the Community Facilities District No. 2007-1 (Public Services) as Annexation No. 9. lntroduced December 18,2019. Adoption to be considered Januarv 15, 2020. AYES: Chandler, Mounce, Nakanishi, and Mayor Kuehne; NOES: None; ABSENT: Johnson. ORDINANCE NO. I975 AN ORDTNANCE OF THE LOD! C|TY COUNCTL AMENDTNG LOD| MUNTCTPAL CODE T|ïLE 6 - ANIMALS - BY REPEALING AND RE.ENACTING CHAPTER 6.08, "PROHIBITED ANIMALS," lN ITS ENTIRETY. The purpose of this ordinance is to allow residents to possess female ducks and quail, in addition to chicken hens. lntroduced December 18,2019. Adoption to be considered Januarv 15, 2020. AYES: Chandler, Mounce, Nakanishi, and Mayor Kuehne; NOES: None; ABSENT: Johnson. Pamela M. Farris, Assistant City Clerk City of Lodi December 18,2019 Certified copies of the full text of these ordinances are available in the office of the Lodi City Clerk.