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Home My WebLink AboutTC Ord 1998-05-06 ORDINANCE NO. 433 N.S. AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ADOPTING BY REFERENCE THE AMENDED ANIMAL CONTROL REGULATIONS OF TITLE 8 OF THE MARIN COUNTY CODE ADDING SECTIONS 8.04.184, 8.04.184.1, AND 8.04.184.2 PERTAINING TO THE PROHIBITION OF THE HOUSING OF ANY WILD OR UNDOMESTICATED ANIMAL IN AN AREA ZONED RESIDENTIAL The Town Council of the Town of Tiburon does ordain as follows: SECTION 1. Section 20-1 of the Tiburon Municipal Code is hereby amended to read as follows: Section 20-1 Adoption of County Code Pursuant to Government Code Section 50022.9, the Marin County Animal Control Regulations set forth in Title 8 of the Marin County Code as Chapter 8.04, including all current amendments thereto, and adding Sections 8.04.184, 8.04.184.1, and 8.04.184.2 pertaining to the prohibition of the Housing of any wild or undomesticated animal in an area zoned residential, are adopted by reference and shall be in full force and effect within the Town of Tiburon with the following exception: all references in Marin County Code Section 8.04.179 to the Marin County Sheriff shall be deemed to refer to the Police Chief of the Town of Tiburon. SECTION 2. SEVERABILITY If any section, subsection, clause, sentence, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance. The Town Council of the Town of Tiburon hereby declares that it would have passed this Ordinance, any section, subsection, sentence, clause or phrase thereof, irrespective of the fact that anyone or more sections, subsections, sentences, clauses, or phrases may be declared invalid or unconstitutional SECTION 3. EFFECTIVE DATE. This Ordinance shall take effect and be in force thirty days after the date of passage, and before the expiration of fifteen (15) days after passage by the Town Council, a copy of Town Council Ordinance No. 433 NS. - Animal Control Amendment -Effective 6/5/98 1 the ordinance shall be published with the names of the members voting for and against it at least once in a newspaper of general circulation published in the Town ofTiburon. This ordinance was introduced at a regular meeting of the Town Council of the Town ofTiburon on April 15, 1998, and was adopted at a regular meeting of the Town Council of the Town of Tiburon on May 6, 1998 which was noticed pursuant to Government Code Section 50022.3, by the following vote: AYES: COUNCILMEMBERS: Bach, Gram, Matthews, Thompson NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Hennessy ~ S' 7J1~<L< HARRY MATTHEWS, MAYOR Town of Tiburon / DIANE L. CRANE, TOWN CLERK drafted 12/5/96 2 ~ II~ j COUNTY OF MARIN j OFFICE OF THE ADMINISTRATOR 4 3501 CIVIC CENTER DRIVE, SUITE 331, SAN RAFAEL. CA 94903 ..,..:~-:-~ 415/499-6358 - FAX 4151507-4104 .. . ... ... ............. .'- - - - . '\~ ... Martin J. Nichols County Administrator DATE: December 16, 1997 TO: Town/City ~nagers FROM: Suki sen~Administrative Analyst Subj.: Adoption of Additional Code Sections Pertaining to the Prohibition of the Housing of Any Wild Or Undomesticated Animal in an Area Zoned Residential ~ RECOMMENDED ACTION: It is recommended that your council adopt the attached additional sections to your codes. SUMMARY: On November 4,1997 the Board of Supervisors adopted Ordinance No. 3264 adding code sections pertaining to the prohibition of the housing of any wild or undomesticated animal in an area zoned residential. These additional code sections were developed by staff of the Marin !-iumane Society, County Counsel, Marin County Community Development Agency and the County Administrator. The Marin County Animal Control Advisory Commission has reviewed the language and strongly recommends adoption by the towns/cities in the interest of uniform enforcement. These amendments are in response to the increase in the importation of non-domesticated animals into Marin's residential areas which constitute a potential danger to public health and safety and property damage. The most notable example occurred in March, 1997 when a Bengal Tiger was housed in Kent Woodlands, resulting in the Board of Supervisors' adoption of an Urgency Ordinance prohibiting the keeping of "Big Cats" in residentially zoned unincorporated areas of the County. The Board recommended that a broader scoped ordinance be developed to address the keeping of wild or undomesticated animals in addition to "Big Cats' I and for subsequent adoption by the towns/cities for the purpose of uniform enforcement. While the subject is regulated by the State in terms of permits etc., Section 2156 of the Fish and Game Code allows regulation by local government so long as the regulation is more restrictive than the State provides. -.- _.~_...- ---.- ~-- ~ '..~.v'- ORDINANCE NO. 3264 ORDINANCE OF THE MARIN COUNTY BOARD OF SUPERVISORS AN ORDINANCE OF THE BOARD OF SUPERVISORS OF THE COUNTY OF MARIN ADDING SECTIONS 8.04.182. 8.04.183. 8.04.184. 8.04.184.1 AND 8.04.184.2 OF THE MARIN COUNTY CODE PERTAINING TO PROHIBITION OF THE HOUSING OF ANY WilD OR UNDOMESTICATED ANIMAL IN AN AREA ZONED RESIDENTIAl. The Board of Supervisors of the County of Marin does hereby ordain as follows: Section I. Section 8.04.182 of the Marin County Code shall read as follows: 8.04.182 PROHIBITION No person shall board. have. keep. maintain. or have in his possession or control, for any length of time. in any area zoned residential, any wild andlor undomesticated animal, as defined in Section 8.04.183. Section II. Section 8.04.183 of the Marin County Code shall read as follows: 8.04.183 DEFINITION OF WilD ANDIOR UNDOMESTICATED ANIMAL For purposes of Sections 8.04.182 through 8.04.184.2. a wild andlor undomesticated animal is defined as an animal which is wild by nature and not customarily domesticated in Marin County and which. because of its size, disposition or other characteristics could constitute a danger to human life or property. SlIch wild andlor undomesticated animals shall be deemed to include but are not exclusive of: I. Class Mammalia A. Order Carnivora 1. Family Felidae (cat) including but not limited to such members as the tiger, the jaguar. the leopard, the lion, the serval, the mountain lion, the bobcat, the ocelot and the cougar, excepting Felix Catus (domestic cat). 2. Family Hyenidae (Hyena). 3. Family Urisideae (bear). 4. Family Candidae (dog) excepting Canis Familiaris (domestic dog) and including but not limited to such members as the wolf, coyote and the jackal. B. Order Probscidea (elephantl. C. Order Primata (primatesl, including but not limited to the chimpanzee, the baboon, the orangutan, the gibbon, the macak and the gorilla, excepting the Family Hominidae (manl. 1 .- ..."....~ '-'-. D. Order Artiodactyla, even-toed hoofed mammals such as water buffalo, camels, elk, moose, deer and antelope, excluding the domesticated species of the Family Suidae (domestic pig) and Family Bovidae (cattle, sheep, goats, llamas and alpacas). E. Order Perissodactyla, odd-toed hoofed mammals including the Ozebra and rhinocerous, excluding the domesticated species of the Family Equidae (horses, donkeys, etc.) II. Class Reptilia A. Order Squamata 1. Sub-Order Serpentes, all front and rear fanged venomous snakes. 2. Sub-Order lacertilia, both venomous species of the Family Heloder Matidae (Gila Monster and Mexican beaded lizard). B. Order Crocodilia (crocodile, alligator and cayman). III. Class Aves A. Sub-Order Ratitae, such as, but not limited to, ostriches, rheas, cassowaries and emus, excluding small caged birds such as parakeets, canaries, love birds and finches. IV. Any other species of the animal kingdom (as opposed to vegetable or mineral) which is venomous to human beings whether its venom is transmitted by bite, sting, touch or other means, except the honey,producing bee. Section III. Section 8.04.184 of the Marin County Code shall read as follows: 8.04.184 IMPOUNDMENT Any wild andlor undomesticated animal as defined in Section 8.04.183 of this Chapter determined to be in the County of Marin in violation of Section 8.04.183 may be impounded by Animal Control. Section IV. Section 8.04.184.1 of the Marin County Code shall read as iollows: 8.04.184.1 NOTICE OF REMOVAL Whenever Animal Control causes the impoundment of such wild andlor undomesticated animal as herein authorized, such Animal Control shall immediately give notice of such impoundment, the grounds thereof and the place to which such animal has been impounded. 2 -.--.-------- ",<" Section V. Section 8.04.184.2 of the Marin County Code shall read as follows: 8.04.184.2 PENALTY Any person who boards, has, keeps, maintains, or has in his possession or control, for any length of time, any wild andlor undomesticated animal in violation of any of the provisions of Sections 8.04.182 through 8.04.184.1 of this Chapter shall be guilty of a misdemeanor and shall be subject to imprisonment in the County Jail for not more than six (6) months or a fine not to exceed one thousand dollars ($1000) or both. Section VI. Publication. This ordinance shall be and is in full force and effect as of thirty (30) days from and after the date of its passage and shall be published once before the expiration of fifteen (15) days after its passage, with the names of the supervisors voting for and against the same in the MARIN INDEPENDENT JOURNAL, a newspaper of general circulation published in Marin County. PASSED AND ADOPTED at a regular meeting of the Board of Supervisors of the County of Marin held on this 4th day of November, 1997 by the following vote: AYES: SUPERVISORS John B. Kress, Harold C. Brown, Jr., Steve Kinsey, Annette Rose, Harry J. Moore, Chair NOES: NONE ABSENT: NONE O~ CHAIR, BOA ATTEST: 1 - -- - - ~ ,