11a Ord. Amend. Municipal Code regarding Pet WasteMEMORANDUM
TO: CITY COUNCIL
FROM: DOUG PERRIN, DIRECTOR OF RECREATION & MAINTENANCE
SERVICES 0.g
SUBJECT: CONSIDERATION 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 10,2012
RECOMMENDATION:
It is recommended that the City Council introduce 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 for animals, animal waste and water quality.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
Adoption of this Ordinance should have no immediate financial impact and enforcement
will require rr~inimal staff time. The amount of staff time and the costs to fully implement
the City of Arroyo Grande's Storm Water Management Plan (SWMP) measureable
goals related to pet waste is undetermined. No funding has been specifically allocated
for this purpose.
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. The MCMs are as follows:
1. Public Education
2. Public Participation
3. Illicit Discharge Detection and Elimination
4. Construction Site Storm Water Runoff Control
5. Post-Construction Storm Water Management
6. Pollution PreventionIGood Housekeeping for Municipal Operations
The SWMP outlines a five (5) year plan to improve the quality of stormwater through
BMPs which are designed to reduce the volume of stormwater runoff into our creeks
Agenda Item 11.a.Page 1
CITYCOUNCIL
CONSIDERATION OF AN ORDINANCE AMENDING SECTION 6.12.060 OF 'THE
CITY OF ARROYO GRANDE MUNICIPAL CODE RELATING TO UNSANITARY
CONDITIONS, ANIMAL WASTE AND WATER QUALITY
JANUARY 10,2012
PAGE 2
and streams and to eliminate the discharge of pollutants to the City's stormwater
collection system. The approved SWMP requires a new way of doing business for
developers, businesses, residents and the City. The City is currently in the second year
of its five year SWMP.
One of the BMP's for Public Education includes requirements for pet waste
management. Measurable goals include; a) provision of educational materials and mutt
mitt stations in parks, b) adoption of a pet waste ordinance, including enforceable
provisions, c) publicizing the pet waste ordinance on an ongoing basis, d) distribution of
pet waste management brochures at veterinarian offices, and farm supply stores, e)
posting of pet waste management public education and outreach information on the City
website, f) participation in pet waste management educational information to general
residential audiences using radio and TV public service announcments in the permit
coverage area, and g) promotion of spaylneuter assistance programs to reduce feral cat
and dog populations.
While some of these goals have been met, the next step toward full implementation is
adoption of a pet waste ordinance. If introduced and adopted by the City Council,
Section 6.12.060 of the Arroyo Grande Municipal Code will be amended to include
language regarding appropriate disposal of animal waste. 'The proposed addition,
shown in underline, would read as follows:
6.1 2.060 Unsanitary conditions for animals, animal waste and water quality.
A. Unsanitaw conditions. No person shall keep upon any premises any animals,
poultry, or household pets in a foul, offensive, obnoxious, filthy or unsanitary condition.
B. Propertv Maintenance. Where it is determined bv the citv or bv the Central Coast
Regional Water Quality Control Board that an area used bv animals is affecting water
quality, the citv will require the propem/ owner or authorized representative to
implement measures, which mav include installation of preclusionarv devices, to
eliminate the pollution and prevent the migration of waste components to the storm
drain svstem. Installation of devices or implementation of measures mav require permits
from the citv or other regulatow agency. Installation, maintenance and permitting of any
such device or measure are the sole responsibilitv of the property owner.
C. Feeding Near Water Bodies. No person shall feed feral animals, or deposit or leave
anv foodstuff of anv kind or nature within one hundred feet of a creek
detentionlretention basin or water bodv, except in a trash receptacle provided for that
purpose.
Agenda Item 11.a.Page 2
ClTY COUNCIL
CONSIDERATION OF AN ORDINANCE AMENDING SECTION 6.12.060 OF 'THE
ClTY OF ARROYO GRANDE MUNICIPAL CODE RELATING TO UNSANITARY
CONDITIONS, ANIMAL WASTE AND WATER QUALITY
JANUARY 10,2012
PAGE 3
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 aqricultural areas are not
covered under this subsection if the area complies with subsection B of this section or is
covered under separate regulation.
ANALYSIS OF ISSUES:
The SWMP exhibits the City's commitment to protecting the quality of surface water
within its boundaries, and subsequen,tly 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. 'The Ordinance will
provide enforceability of pet waste related issues, such as unsanitary conditions for
animals and people not picking up after their animals deposit of 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 should prevent people from feeding cats and fowl along Arroyo Grande Creek.
However, enforcement of provisions in the Ordinance could be problematic, and may be
complaint driven. A violation of the Ordinance is a misdemeanor.
ALTERNATIVES:
The following alternatives are provided for the City Council's consideration:
1. Introduce an Ordinance amending Section 6.12.060 relating to unsanitary
conditions for animals, animal waste and water quality;
2. Modify and introduce an Ordinance amending Section 6.12.060;
3. Continue consideration of the Ordinance;
4. Do not introduce the Ordinance and retain Section 6.12.060 in its current form; or
5. Provide direction to staff.
ADVANTAGES:
The Ordinance should 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.
Agenda Item 11.a.Page 3
CITYCOUNCIL
CONSIDERATION OF AN ORDINANCE AMENDING SECTION 6.12.060 OF THE
CITY OF ARROYO GRANDE MUNICIPAL CODE RELATING TO UNSANITARY
CONDITIONS, ANIMAL WASTE AND WATER QUALITY
JANUARY 10,2012
PAGE 4
ENVIRONMENTAL REVIEW:
No environmental review is required for this item
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted in front of City Hall on Thursday, January 5, 2012. The
Agenda and staff report were posted on the City's website on Friday, January 6, 2012.
No public comments were received.
Agenda Item 11.a.Page 4
ORDINANCE NO.
AN ORDINANCE OF THE ClTY COUNCIL OF THE ClTY
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 ar~imals,
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 11.a.Page 5
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 11.a.Page 6
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 ,201 2.
, and
Agenda Item 11.a.Page 7
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 11.a.Page 8