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HomeMy WebLinkAboutOrd 840 ORDINANCE NO. 840 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY REPEALING TITLE 10 OF THE CITY OF CATHEDRAL CITY MUNICIPAL CODE AND ADOPTING BY REFERENCE TITLE 6 OF THE RIVERSIDE COUNTY CODE OF ORDINANCES RELATING TO ANIMAL CONTROL, AS AMENDED WHEREAS, the City of Cathedral City contracts with the Riverside County Department of Animal Services for the provision of animal control services; and WHEREAS, in an effort to remain consistent, the City Council desires to repeal Title 10 of the City of Cathedral City Municipal Code and adopt by reference Title 6 of the Riverside County Code of Ordinances. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. REPEAL AND REPLACEMENT OF TITLE 10 OF THE CITY OF CATHEDRAL CITY MUNICIPAL CODE Title 10 (Animals) of the City of Cathedral City Municipal Code is hereby repealed in its entirety and replaced as follows: "Chapter 10.05 — GENERAL PROVISIONS Section 10.05.010 Definitions. As used in this Title, "County Code Title 6" means Title 6 (Animals) of the Riverside County Code of Ordinances, inclusive of sections 6.04.010 through 6.24.100, as same may be amended by the County from time to time. "County Code Title 17" means Title 17 (Zoning) of the Riverside County Code of Ordinances, as same may be amended by the County from time to time. Section 10.05.020 Code adopted. County Code Title 6, as it may be amended from time to time, is adopted by reference as the City of Cathedral City's Animal Control Ordinance, subject to applicable revisions in California law, and the local amendments provided in Chapter 10.10 of this Title. Chapter 10.10 — LOCAL AMENDMENTS Section 10.10.010 Conflicts. Any conflict between the provisions of this Chapter and County Code Title 6 as adopted by Section 10.05.020 shall be resolved in favor of this Chapter and such shall govern. Any conflicts between provisions between County Code Title 17 (Zoning) and Title 9 (Planning and Zoning) of this code shall be resolved in favor of Title 9 and such shall govern. Section 10.10.020 Dog defecation to be removed by owner. A. No person owning, keeping or having in his or her care or custody any dog shall knowingly fail, refuse or neglect to clean up any feces of the dog immediately and dispose of it in a sanitary manner whenever the dog has defecated upon public or private property without the consent of the public or private owner or person in lawful possession or charge of the property. B. The provisions of subsection A of this section shall not apply to a blind person being accompanied by a guide dog or signal dog, nor shall they be construed to require or countenance any act of trespass upon private property. Whenever the feces to be cleaned up cannot be reached without a significant trespass upon the private property on which the feces is located, the person having the duty pursuant to subsection A of this section to clean it up shall first obtain consent to do so from the owner or person in lawful possession or charge of property. C. No person owning, keeping, or having in his or her care or custody, any dog shall knowingly fail, refuse or neglect to clean up any feces from their property, owned or rented, no less than twice a week and disposed of in an air tight container. This shall be removed from the property no less than once a week. Section 10.10.030 Animals in unattended vehicles. A. It is unlawful for any person to leave an animal in an unattended vehicle without adequate ventilation or in such a manner as to subject the animal to extreme temperatures that may adversely affect the animal's health or welfare. B. Any peace officer, humane society officer or animal control officer is authorized to seize and impound any animal found in an unattended vehicle that appears to be suffering the effects of exposure to extreme temperatures if the owner cannot be, upon initial contact, identified and contacted. Section 10.10.040 Horse, Pigs, Fowl. It is unlawful to keep any pig, hog, sheep, stallion, mare, cow, burro, jack, jenny, mule, goat, kid, horse or similar animal in the city exceeding a total combination of three as provided in Section 9.100.030 of this Code. Section 10.10.050 Dogs, Cats. Dogs and cats may be kept in any zone within the city provided that no more than three of each or a combination not to exceed three of these animals are kept within a single legal lot as provided in Section 9.100.050 of this Code. Section 10.10.060 Mini Pigs Ownership or maintenance of any miniature pig (also known as a pot-bellied pig, Vietnamese pot-bellied pig or Chinese pot-bellied pig), shall be governed by County Code Title 6, not to exceed the maximum number of these animals allowed within a single legal lot as provided in Chapter 9.100 of this Code. SECTION 2. SEVERABILITY The City Council declares that should any provision, section, paragraph, sentence or word of this ordinance be rendered or declared to be invalid by any court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this ordinance are hereby adopted and shall remain in full force and effect. SECTION 3. EFFECTIVE DATE This ordinance shall take effect thirty (30) days after its second reading by the City Council. SECTION 4. PUBLICATION The City clerk is authorized and directed to cause this Ordinance to be published within fifteen (15) days after its passage in a newspaper of general circulation and circulated within the City in accordance with Government Code Section 36933(a) or, to cause this Ordinance to be published in the manner required by law using the alternative summary and pasting procedure authorized under Government Code Section 39633(c). INTRODUCED at the regular meeting of Cathedral City City Council on the 24th day of June, 2020. PASSED, APPROVED AND ADOPTED at the regular meeting of Cathedral City City Council on the 8th day of July, 2020. AYES: Councilmembers Lamb, Gutierrez and Carnevale; Mayor Pro Tem Gregory and Mayor Aguilar NOES: None ABSTAIN: None k(2,,.,, • ., 1 hn Agu' - Mayor ATTEST: L' / II Tracey R! Martinez, C.M.0 City Clerk , APPROVED AS TO FORM: _ .P Eric S. Vail, City Attorney III