Agenda Item Wording:
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Overview of Visalia Animal Services and the Municipal Code Title 6 changes - Review of proposed changes to the Municipal Code relating to the regulation of animals, consider potential updates, and direct staff to return with a proposed ordinance to enact such updates, and direction to explore options for feral cats.
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Deadline for Action: 2/20/2024
Submitting Department: Community Services
Contact Name and Phone Number:
Candace Harrington, Animal Services Manager 713-4682
Department Recommendation:
That Council receive this overview of Visalia Animal Services and the Municipal Code Title 6 concerning the regulation of animals, consider potential updates, and direct staff to return with a proposed ordinance to enact such updates, as well as direction to pursue options for feral cats in the community.
Background Discussion:
City staff has continued to review the City’s ordinance relating to animals and have identified several new revisions based on evolving conditions, demands, and state law modifications. City staff are also proposing a revision to the process for animal intake and are asking for authorization to explore feral cat colony management policies.
Proposed Code Changes:
City staff is seeking input from City Council on whether to move forward with a proposal to modify the current ordinance.
A summary of these changes is described as follows:
• Current code refers to the person in charge of the animal shelter as “Poundmaster” which is an older term and does not reflect the current practice of Animals Services to have one person managing the entire Animal Services department, including the shelter. Staff recommends changing the reference throughout Title 6 to “Manager” as a more appropriate and modern term in reference to the management of animal control operations and the animal care facility.
• Current ordinance states that animals owner surrendered can be euthanized at any time. Updated state law says they must be held for a specific stray hold period before being released to euthanasia. City staff recommend changing the ordinance to reflect state law requirements.
• The current intake ordinance directs the City to accept all cats. Currently best practice is to only accept injured, sick or cats for the Trap Neuter and Release Program. The City does not currently accept healthy cats and are looking to change the ordinance to reflect current policy practices. This change will be brought back in conjunction with the ordinance changes related to feral/community cat ordinance changes after further analysis and discussion.
Feral Cats:
Stray animals, particularly feral/community cats continue to be an issue within the City. Although the Trap Neuter and Release Program has been able to reduce the number of stray animals in some locations, there are many areas within the City that have large numbers of such cats and the success of the TNR Program depends on participation. Feral/community cat problems are often connected with or exacerbated by persons leaving food for animals that they otherwise do not intend to care for or claim ownership of. When there are unaltered cats in a location with a food supply the cat population will grow quickly. Staff is recommending that the Council provide direction to solicit public input and research options for ordinance changes to assist with feral cats in the community.
Visalia Municipal Code Title 6 contains rules for the regulation of animals within the City of Visalia. Title 6 contains seven different chapters with a wide range of regulations for animals within the City of Visalia.
Chapter 6.04 contains general provisions for the administration and enforcement of animal regulations and the operation of the animal shelter.
Chapter 6.08 states the general rules regarding animal care and list several types of items that are prohibited, such as unrestrained dogs, regulations of bees, rules governing the disposal of deceased animals, and protections for police canines.
Chapter 6.12 lists additional rules more specific to dogs and cats within the City of Visalia. This chapter includes the rule limiting the total number of cats and dogs to four that can be owned by residents without a kennel permit. Rules for the prohibition of excessive noise, licensing requirements for dogs and cats, vaccination requirements, and rules that require animals released from the shelter to be licensed, microchipped, and spayed/neutered.
Chapter 6.16 contains the rules for dealing with animals that could be considered dangerous or vicious. This includes the rules that govern the process for animal control staff to decide that an animal is considered dangerous/vicious and the process for an appeal of that determination.
Chapter 6.20 describes the rules used by the City for dealing with animals that have or are suspected of having rabies.
Chapter 6.24 contains rules to govern the impoundment of animals by the City. This includes rules for impoundment of animals suspected of having rabies along with rules for the impoundment of dogs found with or without tags/license, and dogs that are impounded for biting or attacking animals. The rules also describe how impounded animals can be redeemed by owners, allow for the City to charge for the costs incurred by the City, and general rules for the care and delivery of animals that have been impounded.
Chapter 6.28 state rules for the regulation of commercial animal businesses, kennel permits, and breeder permits.
The Visalia Municipal Code encompasses rules and regulations and provides insight and guidance to both staff and public on how animals in Visalia are to be cared for, protected, and managed. Having an updated code is important for continuing to support and educate the public on best practices and solutions to animal concerns. Feral/community cats are a continued concern with our residents and best practices and solutions need to be further investigated to help resolve problems seen in the community.
Visalia Animal Services is going into its eighth year as a City-run operation, previously the City contracted for animal control services. In 2019, Title 6 was revised to reflect the change in animal control operations from contractors to City employees. In addition, several updates were made to reduce the number of stray animals in the community. Those changes included codifying the Trap, Neuter, and Release Program so feral/community cats can be caught then released after being neutered/spayed as a means to control feral/community cat populations. In addition, the ordinance was modified to phase out the issuance of new kennel permits to increase enforcement of rules prohibiting unlicensed animal breeders within the City. The ordinance was also modified to strictly require all animals that are redeemed or adopted from the animal shelter to be spayed/neutered and microchipped.
Fiscal Impact:
The ordinances are being updated to reflect current practices and are unlikely to impact expenses that are not already budgeted.
Prior Council Action: August 5, 2019 Approved first reading of Ordinance 2019-09, an ordinance revising and amending Title 6 of the Visalia Municipal Code. On August 19, 2019 a Second Reading and Adoption of Ordinance 2019-09 was approved.
Other: none
Alternatives: Direct staff to make no additional modifications to the ordinances.
Recommended Motion (and Alternative Motions if expected):
recommendation
That Council receive this overview of Title 6 of the Visalia Municipal Code concerning the regulation of animals and direct staff to bring back the appropriate changes, and to direct staff to evaluate the Public Nuisance ordinance in regard to feral cat colonies, seek community input and return to City Council with proposed ordinance modifications.
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Environmental Assessment Status: N/A
CEQA Review: This report does not involve approval of an action that has the potential to either cause a direct physical change in the environment or cause a reasonably foreseeable indirect physical change in the environment.
Attachments:
Animal Services Ordinance Presentation