Staff Report
PREPARED BY: Lynne Lampros
Deputy Town Attorney
Reviewed by: Town Manager, Assistant Town Manager, Finance Director, Community Development
Director
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 09/04/2018
ITEM NO: 8
DATE: August 24, 2018
TO: MAYOR AND TOWN COUNCIL
FROM: LYNNE LAMPROS, DEPUTY TOWN ATTORNEY
SUBJECT: INTRODUCTION OF AN ORDINANCE OF THE TOWN OF LOS GATOS,
CALIFORNIA AMENDING CHAPTER 4.10 OF THE LOS GATOS TOWN CODE
ENTITLED ANIMALS AND FOWL
RECOMMENDATION:
Accept public comment and then move for the introduction and first reading of an Ordinance,
by title only, amending Chapter 4 of the Los Gatos Town Code Entitled Animals and Fowl.
BACKGROUND:
The Town Attorney’s Office has been evaluating and conducting a comprehensive review of the
Town’s Municipal Code provisions. Chapter 4 of the Los Gatos Town Code entitled Animals and
Fowls has not been revised in many years and revisions are necessary to clarify definitions and
the permitting requirements, allocate responsibilities for feeding and harboring animals, and
streamline the process for enforcement, hearings and appeals.
This Ordinance was first brought to Council on June 19, 2018 for introduction and first reading.
After the hearing, the Town received a request to continue the second reading and adoption of
the ordinance from Jon Cicirelli, Director Animal Care and Services for the City of Jose.
Although San Jose Animal Care and Services had been provided with the draft ordinance on
May 1, 2018, Mr. Cicirelli requested additional time to review and comment on the proposed
amendments to the ordinance. Since the City of San Jose provides anim al control services to
the Town, the Town welcomed the input of its contractor.
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SUBJECT: INTRODUCE AN ORDINANCE AMENDING CHAPTER FOUR TO THE LOS GATOS
TOWN CODE ENTITLED ANIMALS AND FOWL
August 24, 2018
BACKGROUND (Cont’d):
Further, many members of the public had comments on the proposed changes after the June
19, 2018 meeting. The Town Attorney’s Office met or spoke with members of the public and
considered the comments in the assessment of how to proceed with the introduced Ordinance .
Accordingly, the Town Attorney’s Office determined it was appropriate to continue the matter,
revise the ordinance further, and have the Ordinance heard for introduction and first reading in
its revised form on September 4, 2018. The Town Attorney’s Office made many changes to the
ordinance as a result of public comment and appreciated the opportunity to improve the
ordinance and be responsive to the Town’s residents and contractor. Attachment 1 is the draft
revised Ordinance for Council approval and Attachment 2 is the red-line version of the
proposed changes to the Town’s current Ordinance.
DISCUSSION:
The Town Attorney’s Office has received frequent inquiries and complaints regarding issues
with animals that are not addressed in our current Code. Further there were sections of the
current Code that were out of date with state law or the Town’s current contracts, such as
feeding of wild animals, powers of animal control officers, definition of service animals,
references to outdated impound timeframes, references to Santa Clara County regulations, and
reference to contractors no longer used by the Town. As a result, the Town Attorney’s Office
has made some recommended amendments to address these issues in Chapter 4 of the Los
Gatos Town Code entitled Animals and Fowl.
The ordinance contained in Attachment 1 modifies the Town’s process relating to dangerous
dog law, specifically for enforcement, hearings and appeals, as well as criteria for and
conditions of keeping dogs designated potentially dangerous, dangerous, or vicious.
The June 19, 2018 ordinance had proposed changes to the care and keeping requirements for
chickens, other livestock, and bees. These proposed changes engendered complaints by a few
residents. Given the fact that the Town does not receive as many complaints involving chicken,
livestock, or bees as it does dogs and cats, and the fact that one of the complaining residents
was on vacation until September 1, 2018 and unable to meet before this report’s deadline, the
Town Attorney’s Office decided to remove any substantive changes to the Ordinance regarding
chickens and livestock, and leave the section pertaining to bees exactly the same as it had been.
The most significant changes to the proposed Ordinance from the June 19, 2018 Council
meeting amends Chapter 4 to the Town Code relating to the keeping and feeding of wild and
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SUBJECT: INTRODUCE AN ORDINANCE AMENDING CHAPTER FOUR TO THE LOS GATOS
TOWN CODE ENTITLED ANIMALS AND FOWL
August 24, 2018
DISCUSSION (Cont’d):
feral animals, with specific limitations and responsibilities to promote a safe and healthy
environment for residents, visitors, and animals. The proposed amendments restrict the
keeping and harboring of “non-household animals” within Town limits. The amendments also
address responsibilities to maintain conditions that will not present a public or private
nuisance. The amendments further clarify legitimate animal rescue and feral cat ‘Trap-Neuter-
Return’ (TNR) organizations and their practices.
There were many comments received from the public on both sides of the issue involving the
feeding of feral and wild animals in the Town. Some individuals favor the completely
unrestricted feeding of feral cat colonies with no requirement of affiliation with a recognized
animal rescue or TNR organization and no limitations on where and how such feeding can take
place or for how long. The Town received some complaints specifically against feral cats,
however the majority of the comments from Town residents who objected to the feeding of
animals did so because of the nuisance conditions that result from the feeding as practiced,
namely the severe influx of skunk, raccoon, and cockroaches that are drawn to the food put
out. Similar to the verbal testimony received in June, these residents are frustrated by the
presence of wild animals and vermin that are drawn to the cat food scattered on public
property or cans of cat food left under cars, on the street, or in carports.
As a result, the amended Ordinance attempts to reconcile legitimate animal rescue and TNR
work, which does involve putting out food to trap outdoor, feral animals with the need to
protect the Town’s residents from the health and safety concerns that result from the
unregulated feeding of feral animals.
Feeding wild animals on public or private property is against state law, and the amended
Ordinance clarifies that it is against the Municipal Code as well, which gives Town staff the tools
to prohibit that conduct.
The revised Ordinance allows the feeding of feral animals in certain situations to bridge the
divide among Town residents on this topic. The revised definitions distinguish feral from wild
animals. The feeding of feral animals can occur in three circumstances: (1) on the private
property of the feeder; (2) private property belonging to someone other than the feeder if the
owner and all tenants/residents on that property consent in writing; or (3) by permit issued by
the Town Manager for the purpose of animal rescue or TNR as defined and regulated by the
proposed Ordinance.
The permit issued by the Town Manager requires the evaluation of each request on its own
merits for adherence to criteria for location, length of time, best practices for feeding and
trapping to minimize nuisance consequences, and valid affiliation with a recognized
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SUBJECT: INTRODUCE AN ORDINANCE AMENDING CHAPTER FOUR TO THE LOS GATOS
TOWN CODE ENTITLED ANIMALS AND FOWL
August 24, 2018
DISCUSSION (Cont’d):
organization with a history of active animal rescue or TNR work. This approach would allow
feeding incidental to rescue and TNR work for the purpose of trapping, acknowledging that
such practice requires time to develop a pattern that the feral cats can rely on to enable
trapping, but also protects residents against feeding that is not in conjunction with valid rescue
and TNR practice and may result in consequences that threaten residents’ health and safety.
The revised Ordinance suggests best practices for legitimate feeding conduct to clarify
expectations and gain voluntary compliance as well as assist Town staff in enforcement. Finally,
the revised Ordinance recognizes that the liability for a feeder’s conduct rests both with the
feeder and the owner of the property if different from the feeder. This assists a property
owner by empowering him or her to take action against tenants who repeatedly violate the law
and expose the owner to liability.
CONCLUSION AND NEXT STEPS:
For the reasons stated in this report, staff recommends that the Town Council should introduce
the revised Ordinance by title only.
If the revised Ordinance is introduced and adopted, Town staff will continue to work with
animal owners and individuals interacting with animals to gain voluntary compliance. If
voluntary compliance cannot be achieved, violations of this ordinance can be corrected throug h
the administrative procedures adopted by the Town Council in 2004 or pursued through a
variety of other methods, including nuisance abatement and enforcement through the
misdemeanor or infraction process.
COORDINATION:
As discussed above, Town staff, including Community Development, Police, and the Town’s
outside contractor for Animal Control were provided with the current Ordinance to review and
provide input to ensure the individual provisions match their experiences and needs in the field.
Further, the Town Attorney’s Office received significant comments from members of the public
and met with interested residents to solicit their ideas (see Attachment 3).
FISCAL IMPACT:
There is no direct fiscal impact by this action. The fiscal impact of this Ordinance may result in
additional revenue from administrative penalties and fines as well as saving some staff time in
achieving compliance.
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SUBJECT: INTRODUCE AN ORDINANCE AMENDING CHAPTER FOUR TO THE LOS GATOS
TOWN CODE ENTITLED ANIMALS AND FOWL
August 24, 2018
ENVIRONMENTAL IMPACT:
The revised Ordinance is not a project defined under CEQA and no further action is required.
Attachments:
1. Draft Revised Ordinance
2. Red-line Version of Proposed Ordinance.
3. Public Comment.