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AGENDA ITEM REVIEW FORM
6.K.
Regular City Council Meeting
Meeting Date:
10/12/2016
Department Head:
Craig Higgins
Submitted By:
Andrea Moreno, Police Administrator, Police Department
Action Requested:
Motion

ITEM:

Discussion and possible action on any and all matters regarding Second Reading of Ordinance No. 358.  An ordinance of the Mayor and City Council of the City of San Luis, Arizona amending the San Luis City Code Title 9, Chapter 95 relating to animals by adding Section 95.03, Personal Dog Kennels; repealing any conflicting provisions; establishing an effective date and providing for severability. (Marco Santana, Police Department Sergeant)

A.  Second Reading of Ordinance No. 358 by title only
B.  Approval and adoption of Ordinance No. 358

SUMMARY:

The City of San Luis is experiencing problems related to the over-population of dogs. The solution is to be sure the dogs are well cared for.  Where a person owns seven (7) to a maximum of twelve (12) dogs the proposed ordinance requires a personal dog kennel permit which has kennel requirements for space, sanitation, elimination of excessive noise, spaying and neutering of the dogs . The ordinance proposes an annual permit and ability to revoke the permit if the standards for a personal kennel are not met. Service animals for the disabled will not be counted towards the maximum six (6) dogs which do not require a permit. Puppies up to four (4) months of age will not be counted towards the maximum six (6) dogs so that if a pet has a litter, there will be sufficient time to find homes for the puppies. There is an emergency provision to protect dogs that are rescued dogs in foster care.

If this new Animal Control Ordinance is adopted, the City's Zoning Code would need to be amended to be consistent.  Currently, under the City's Zoning Code, a kennel is defined as "Any premises in which four (4) or more dogs three (3) months of age or older are kept; or where the business of buying, selling, breeding, grooming, training or boarding of dogs is conducted; does not include veterinary hospitals or humane societies." Kennels are only allowed in the 10-acre zoning district, RA-10 Rural Area Residential Zoning which are not in a flood plain overlay. Under the current law, what a Kennel requires is left to State law. Once the City's Zoning Code is amended, staff will be proposing by resolution an annual fee of $60.00 per year for the personal kennel permit.

Staff has consulted with another jurisdiction which has implemented this proposed kennel permitting approach for many years.  An Animal Control staff from that jurisdiction reported that the approach does work to keep the dog population under control.

RECOMMENDATION / SUGGESTED MOTION:

A. I MOVE TO APPROVE THE THE SECOND READING OF ORDINANCE NO. 358 BY TITLE ONLY.

B. I MOVE TO APPROVE AND ADOPT ORDINANCE NO. 358.

Fiscal Impact

IS THERE FISCAL IMPACT ASSOCIATED WITH THIS ITEM:
N/A
CITY/STATE/FEDERAL FUNDS:
N/A
TOTAL:
N/A
BUDGETED:
N/A
AVAILABLE TO TRANSFER:
N/A
GL ACCT # & NAME/REMAINING BALANCE BEFORE PURCHASE:
N/A

FISCAL IMPACT STATEMENT (IF THIS IS A BUDGET TRANSFER, YOU MUST ATTACH THE BUDGET ADJUSTMENT FORM):

It is not anticipated that this ordinance will have an appreciable fiscal impact. Staff contemplates a fee of $60.00 per year for the personal kennel permit to help defray the costs of inspection and administration. The fee will be presented to Council at a future meeting as a proposed resolution.

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