08g Amending Municipal Code Regarding Animal WasteMEMORANDUM
TO: CITY COUNCIL
FROM: DOUG PERRIN, DIRECTOR OF RECREATION AND MAINTENANCE
SERVICES O,k
SUBJECT: CONSIDERATION OF ADOPTION OF AN ORDINANCE AMENDING
SECTION 6.12.060 OF THE ARROYO GRANDE MUNICIPAL CODE
RELATING TO UNSANITARY CONDITIONS, ANIMAL WASTE AND
WATER QUALITY
DATE: JANUARY 24,2012
RECOMMENDA'I'ION:
It is recommended the City Council adopt an Ordinance amending Section 6.12.060 of
the Arroyo Grande Municipal Code relating to unsanitary conditions for animals, animal
waste and water quality.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
Enforcement will be conducted on a complaint basis. Therefore, adoption of this
Ordinance should have no immediate financial impact and enforcement will require
minimal staff time.
BACKGROUND:
The SWMP was approved by the Central Coast Regional Water Quality Control Board
(RWQCB) on December 15, 2009 in accordance with State guidelines for the National
Pollutant Discharge Elimination System (NPDES) permit for small municipalities. The
permit requires that best management practices (BMPs), measurable goals and
timetables be developed for six (6) Minimum Control Measures (MCMs) included in the
SWMP. One of the BMP's for Public Education includes requirements for pet waste
management. A measurable goal within the BMP for pet waste management is adoption
of a pet waste ordinance. In order for the City to remain compliant with its SWMP and
with its NPDES permit it is required to adopt a pet waste ordinance.
At its January 10, 2012 meeting, the City Council introduced an Ordinance amending
Section 6.12.060 of the Arroyo Grande Municipal Code relating to unsarritary conditions,
animal waste and water quality. The amendment will provide enforceability of pet waste
related issues, such as unsanitary conditions for animals and people not picking up after
their animal deposits fecal matter on private or public lands. In addition, the Ordinance
will prohibit feeding of feral animals within one hundred (100) feet of the City's creeks,
retentionldetention basins or water bodies, which will provide an enforcement
mechanism to prevent people from feeding cats and fowl along Arroyo Grande Creek.
Agenda Item 8.g.Page 1
CITY COUNCIL
ADOPTION OF AND ORDINANCE AMENDING SEC'TION 6.12.060 OF THE ARROYO
GRANDE MUNICIPAL CODE RELATING TO UNSANITARY CONDITIONS, ANIMAL
WASTE AND WATER QUALITY
JANUARY 24
PAGE 2
ANALYSIS OF ISSUES:
The SWMP exhibits the City's commitment to protecting the quality of surface water
within its boundaries, and subsequently the waters located downstream. The BMPs
and measurable goals have been designed to help protect water quality and determine
the City's success in that effort. Adoption of a Pet Waste Ordinance is one of the many
examples of requirements for the City to be compliant with its own SWMP and should
result in a cleaner environment.
The Ordinance will result in some additional government regulation. Enforcement of
provisions in the Ordinance will and may be complaint or observation driven. A violation
of the Ordinance is a misdemeanor.
ALTERNATIVES:
'The following alternatives are provided for the City Council's consideration:
Adopt an Ordinance amending Section 6.12.060 of the Arroyo Grande Municipal
Code relating to unsanitary conditions, animal waste and water quality.
Continue consideration of the Ordinance;
Do not adopt the Ordinance and retain Section 6.12.060 in its current form; or
Provide direction to staff.
ADVANTAGES:
The Ordinance will result in cleaner water and environment and will provide
enforceability for pet waste related issues. In addition, adopting the Ordinance will keep
the City compliant with required measures identified in the SWMP.
DISADVANTAGES:
Enforcement could be problematic and may be complaint driven. In addition, people will
likely complain if they are cited for violations.
ENVIRONMENTAL REVIEW:
No environmental review is required for this item.
PUBLIC NO'I'IFICA'TION AND COMMENTS:
A summary of the Ordinance was published in The Tribune on Wednesday, January 18,
2012 pursuant to State law. The Agenda was posted in front of City Hall on Thursday,
January 19, 2012 and on the City's website on Friday, January 20, 2012. No public
comments were received.
Agenda Item 8.g.Page 2
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ARROYO GRANDE AMENDING SECTION 6.12.060 OF
THE ARROYO GRANDE MUNICIPAL CODE RELATING
TO UNSANITARY CONDITIONS, ANIMALS WASTE AND
WATER QUALITY
WHEREAS, the City of Arroyo Grande has developed a Storm Water Management
Plan, as required by the State Water Resources Control Board; and
WHEREAS, it has been'determined that the manner in which animals are kept, feeding
of animals near water bodies and the proper disposal of pet waste are elements of the
City's Storm Water Management Plan, and the City needs to adopt appropriate
regulations relating to unsanitary conditions for animals, animal waste and water quality;
and
WHEREAS, Section 6.12.060 of the Arroyo Grande Municipal Code currently prohibits
keeping animals in premises in unsanitary conditions; and
WHEREAS, amendment of Section 6.12.060 to include appropriate provisions relating
to animals and water quality is necessary to address the issue in the City's Municipal
Code to create legally enforceable provisions in conjunction with the City's Storm Water
Management Plan.
NOW, 'THEREFORE BE IT ORDAINED by the City Council of the City of Arroyo Grande
as follows:
SECTION 1. Section 6.12.060 of the Arroyo Grande Municipal Code is hereby
amended to read as follows:
6.12.060 Unsanitary conditions for animals, animal waste and water quality.
A. Unsanitary conditions. No person shall keep upon any premises any animals,
poultry, or household pets in a foul, offensive, obnoxious, filthy or unsanitary condition.
B. Property Maintenance. Where it is determined by the city or by the Central Coast
Regional Water Quality Control Board that an area used by animals is affecting water
quality, the city will require the property owner or authorized representative to
implement measures, which may include installation of preclusionary devices, to
eliminate the pollution and prevent the migration of waste components to the storm
drain system. Installation of devices or implementation of measures may require permits
from the city or other regulatory agency. Installation, maintenance and permitting of any
such device or measure are the sole responsibility of the property owner.
Agenda Item 8.g.Page 3
ORDINANCE NO.
PAGE 2
C. Feeding Near Water Bodies. No person shall feed feral animals, or deposit or leave
any foodstuff of any kind or nature within one hundred feet of a lake or creek, except in
a trash receptacle provided for that purpose.
D. Domesticated Animal Waste. All persons owning, possessing, in control of, or
otherwise responsible for an animal, must promptly collect, pick up and remove all fecal
matter left by the animal on public or private lands. Animals in agricultural areas are not
covered under this subsection if the area complies with subsection B of this section or is
covered under separate regulation.
SECTION 2. If any section, subsection, subdivision, paragraph, sentence, or clause of
this Ordinance or any part thereof is for any reason held to be unlawful, such decision shall
not affect the validity of the remaining portion of this Ordinance or any part thereof. The
City Council hereby declares that it would have passed each section, subsection,
subdivision, paragraph, sentence, or clause thereof, irrespective of the fact that any one or
more section, subsection, subdivision, paragraph, sentence, or clause be declared
unconstitutional.
SECTION 3. A summary of this Ordinance shall be published in a newspaper
published and circulated in the City of Arroyo Grande at least five (5) days prior to the
City Council meeting at which the proposed Ordinance is to be adopted. A certified
copy of the full text of the proposed Ordinance shall be posted in the office of the City
Clerk. Within fifteen (15) days after adoption of the Ordinance, the summary with the
names of those City Council Members voting for and against the Ordinance shall be
published again, and the City Clerk shall post a certified copy of the full text of such
adopted Ordinance.
SECTION 4. 'This Ordinance shall take effect thirty (30) days after its adoption.
Agenda Item 8.g.Page 4
ORDINANCE NO.
PAGE 3
On motion of Council Member , seconded by Council Member
on the following roll call vote to wit:
AYES:
NOES:
ABSENT:
The foregoing Ordinance was adopted this day of ,2012.
, and
Agenda Item 8.g.Page 5
ORDINANCE NO.
PAGE 4
TONY FERRARA, MAYOR
ATTEST:
KELLY WETMORE, CITY CLERK
APPROVED AS TO CONTENT:
STEVEN ADAMS, CITY MANAGER
APPROVED AS TO FORM:
TIMOTHY J. CARMEL, CITY ATTORNEY
Agenda Item 8.g.Page 6