19 Staff Report - Coyote Issue
DATE: TO: FROM: COUNCIL AGENDA REPORT SEPTEMBER 2, 2004 MAYOR AND TOWN COUNCIL DEBRA J. FIGONE, TOWN MANAGER MEETING DATE: 09-07-04 MANAGER MATTERS 19 SUBJECT: DISCUSSION ON COYOTE ISSUE
IN LOS GATOS NEIGHBORHOODS RECOMMENDATION: Provide direction on any further steps to address coyote issue. BACKGROUND: Approximately two weeks ago. the Town was notified by a resident
on Shady Lane of a coyote problem in that neighborhood. Since then several other residents have contacted the Town regarding similar problems. These residents have also contacted the
County's Office ofVector Control, which is the lead agency in addressing problems regarding wild animals. In response to residents' concerns, staff discussed the problem with Vector
Control and with San Jose Animal Care and Services, which is the Town's provider of animal services. Subsequent to the first discussion with Vector Control, staff has been in frequent
contact with them on this issue. Vector Control has been meeting with residents who have reported coyote sitings and has been posting and providing directly information on prevention
measures residents' can take to discourage coyotes from coming on their property. Staff is seeking Council direction on any further steps the Town should take to address the coyote Issue.
DISCUSSION: According to Vector Control, they utilize an escalating approach to dealing with a coyote or other wild animal problem. The first step is education via direct contact with
residents and posting of material. If these methods prove unsuccessful in discouraging the coyotes and it is determined that human health and safety is jeopardized, Vector Control may
attempt to destroy the coyotes through fJO-AAA_{ S' J-a kLo PREPARED BY PAMELA S. JACOBS ASSISTANT TOWN MANAGER Reviewed by: __Assistant Town Manager Attorney __Clerk
Finance __Community Development Revised: 9/2/04 4:43 pm Reformatted: 5/30/02
PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: DISCUSSION ON COYOTE ISSUE IN LOS GATOS NEIGHBORHOODS (September 2, 2004) the use of a "padded-jaw leghold trap" if this action is permitted by
local ordinance. Section 4.10.085 of the Los Gatos Town Code prohibits the use of "a leg-hold steel-jawed trap, steel-jawed trap, or steel leg-hold trap, as defined in Fish and Game
Code section 4004, in any urban service area boundary... " (Attachment 1) The Animals and Fowl chapter of the Town Code containing this section was adopted by the Town Council in 1994.
In 1998, subsequent to the Tovm's adoption of section 4.10.085, section 3003.1 was added to the State Fish and Game Code that prohibits the use ofany steel-jawed leghold trap, padded
or otherwise, except by federal, state, county, or municipal government employees "where the otherwise prohibited padded-jaw leghold trap is the only method available to protect human
health or safety." (The full version ofthis section is included as Attachment 2 for your information.) It It is this exception that allows Vector Control to use the padded-jaw leghold
traps if not otherwise prohibited by a local ordinance. Vector Control has indicated that it would exercise its authority under Fish and Game Code section 3003.1 to trap coyotes in the
Town if provided with written confirmation that it is not prohibited from doing so by Town Code section 4.10.085. The Town Attorney believes that Town Code section 4.1 0.085 does not
prohibit the use ofpadded-jaw leghold traps. Should Council agree, the Town Attorney would confirm that in writing. According to Vector Control, the padded-jaw leghold trap does not
kill animals that are caught in the trap and if another animal (domestic or wild) is caught in the trap it can be freed without harm. Vector Control inspects the traps at least once
a day, and, at present, is striving to check them twice a day. If a coyote is caught in the trap, the coyote is placed in the Vector Control vehicle and euthanized. Vector Control has
advised staff that ifthe Town did not prohibit the use ofthe padded-jaw leghold trap they would use the trap in the Shady Lane neighborhood because, in their view, the problem has escalated
to the point wherein human health and safety is jeopardized. Vector Control has informed staff that the coyotes they are catching and destroying in neighboring cities have heartworm
and mange, the latter ofwhich is highly contagious. A representative from the County's Vector Control will be available at the Council meeting to respond to questions. CONCLUSION: Staff
is seeking Council direction as to any further steps the Town may want to take to address the coyote problem. Should Council agree that Town Code section 4.10.085 does not prohibit the
use of padded leghold traps, and that is confirmed in writing, County Vector Control would use its authority to address the coyote problem. Should Council feel that section 4.10.085
prohibits the use of padded leghold traps, it can direct staff to process an amendment of the Code or leave the language unchan
ged.PAGE 3 MAYOR AND TOWN COUNCIL SUBJECT: DISCUSSION ON COYOTE ISSUE IN LOS GATOS NEIGHBORHOODS (September 2, 2004) ENVIRONMENTAL ASSESSMENT: Is not a project defined under CEQA, and
no further action is required. FISCAL IMPACT: There is no fiscal impact associated with providing direction as discussed in this staff report. Attachments: 1. Town of Los Gatos Town
Code, Section 4.10.085 2. State of California Fish and Game Code, Section 3003.1 Distribution: Residents registering concern.
ANIMALS AND FOWL § 4.20.005 (3) Permit an animal to obstruct or interfere with the reasonable and comfortable use of property by chasing vehicles, molesting passersby, barking, howling,
baying, or making any other noise; (4) Permit unsanitary conditions to exist on the premises where that animal is kept that would cause odors, attract flies or vermin, or otherwise be
injurious to public health and safety, or be indecent, or offensive to the senses, or be such an obstruction to the free use of property so as to interfere with the comfortable enjoyment
of life or property by other persons. (b) The animal control officer may seize and impound any animal causing or creating a public nuisance. (c) A violation of this section is hereby
declared to be a public nuisance. (d) Any private person may maintain an action under Civil Code section 3493 for enforcement of this section declaring certain acts a public nuisance,
if such acts are specifically injurious to that person. (Ord. No. 1971, § II, 2-22-94) Sec. 4.10.075. Animals and vehicles. (a) Other than an individual then actually in the process
of working a dog or other animal for ranching purposes, no person shall transport or carry an animal in a motor vehicle, unless the animal is safely enclosed within the vehicle by means
of a container, cage, or other device that will prevent the animal from falling from, jumping from, or being thrown from the motor vehicle. (b) No person shall leave any dog or other
animal in an unattended motor vehicle without adequate ventilation or in such a manner as to subject the animal to extreme temperatures that may adversely affect the health or well-being
of the animal. (Ord. No. 1971, § II, 2-22-94) Sec. 4.10.080. Reserved. Sec. 4.10.085. Use of steel traps in urban service areas prohibited. No person shall use a leg-hold steel-jawed
trap, steel-jawed trap, or steel leg-hold trap, as defined in Fish and Game Code section 4004, in any urban service area boundary, as defined in Government Code section 56080. (Ord.
No. 1971, § II, 2-22-94) ARTICLE n. MISCELLANEOUS ANIMALS Sec. 4.20.005. Restrictions on keeping of swine. No person shall keep more than two (2) swine within the Town nor shall they
be kept within three hundred (300) feet of any dwelling in the Town. (Ord. No. 1971, § II, 2-22-94) Supp. No. 10 235 ATTACHMENT 1
Historical and Statutory Notes Division 4 FISH AND GAME com California Water Code, the public trust doctrine, or an.' other federal or California environmental resource prole'" tion
"law, or applicable federal or Califol11ia regulatioll' regarding their implementation. "W A:E lIsed in this section, "environmental review pro· cess" does not include the Lower ColOl'ado
River MlIlti· Species Conservation Program established by the State, of California, Arizona, and Nevada, as it may addre;;, impacts to the Colorado River." FISH .4J'\'D GAME CODE 2003
Legislation Section 3 of Slats.2oo3, c. 611 (S.B.2ii). provides: "SEC. 3. This act shall become operative only if SB 654 {StalS.2003, c. 613] and BB 317 [Stats.2oo3, c. 612] of § 3003.1
the 2003-{)4 Regular Session are both chaptered and become effective on or before January 1,2004." lration of Salton Sea ecosystem and protection of restoration basis State of California
undertake the restoration of th,· ction of the dependent on that ecosystem. oed alternative developed as a result of the restoratioll I Section 2081.7 and using the
funds made available ill Salton Sea Restoration Fund and other funds mad" nent. maximum feasible attainment of the following obje,·, horeline habitat for the historic levels and diversity
of BIRDS AND MA.l\1.MALS Part 1 PROVISIONS GENERALLY APPLICABLE TO BOTH Chapter 1 GENERAL PROVISIONS Article 1 METHODS OF TAKING storation projects. Section 3003.1. Body-gripping traps;
padded-jaw leghold traps. Section 3003.2. Poisoning animals. Statutory Notes the 2003-04 Regular Ses.ion are both chaptered and become effective on or before January 1,2004.". storation
Fund which shall be administered by the ended, upon appropriation by the Legislature, for the Ited to the restoration of the Salton Sea and the necessary to protect the fish and
specie, magement measurements pursuant to Section 2081./. ie Salton Sea and lower Colorado River 'storation alternative. costs related to the development and selection
of the Statutory Notes the 2oo3-{)4 Regular Session are both chaptered and become effective on or before January 1,2004." § 3003.1. Body-gripping traps; padded-jaw leghold traps Not\\ithstanding
Sections 1001, 1002, 4002, 4004, 4007, 4008, 4009.5, 4030, 4034, 4042, 4152, 4180, or 4181: (a) It is unlawful for any person to trap for the purposes of recreation or commerce in fur
any furbearing mammal or nongame mammal any body-gripping trap. A body-gripping trap is one that grips the mammal's body or body part, including, but not limited to, steel-jawed
leghold traps, paddedjaw leghold traps, conibear traps, and snares. Cage and box traps, nets, suitcase-type live beaver traps, and common rat and mouse traps shall not be considered
body-gripping traps. (b) It is unlawful for any person to buy, sell, bal"ter, or otherwise exchange for profit, or to offer to buy, sell, barter, or otherwise exchange for profit, the
raw fur, as defined by Section 4005, of any furbearing mammal or nongame nongame mammal that was trapped in this state, with a body-gripping trap as described in
(a). (c) It is unlawful for any person, including an employee of the federal, state, county, or municipal government, to use or authorize the use of any steel-jawed leghold trap, padded
or otherwise, to capture any game mammal, fur-bearing mammal, nongame mammal, protected mammal, or any dog or cat. The prohibition in this subdivision does not apply to federal, state,
county, or municipal government employees or their duly authorized agents in the extraordinary case where the otherwise prohibited padded-jaw leghoJd trap is the only method available
to protect human health or safety. (d) For purposes of this section, fur-bearing mammals, game mammals, nongame mammals, and protected mammals are those mammals so defined by statute
on January 1, 1997. (Added by Initiative Measure (Prop. 4, § 1, approved Nov. 3, 1998, effective Nov. 4,1998).) Code of Regulations References Issuance of permit to take animals causing
damage, see 14 Cal. Code of Regs. § 401. CA Jur. 3d Constitutional Law § 54, Requirement Of Interest. Jrces to contract with water suppliers Library References act with water suppliers
to purchase and sell wakr , Water Code to achieve the goals of this chapUT. nderline; deletions by asterisks • • • 18 Legal Jurisprudences Additions or changes CA Jur. 3d Constitutional
Law § 92, Federal Enclaves Within State Territory. CA Jur. 3d Constitutional Law § 217, In General. CA .Jur. 3d Constitutional Law § 223, In General. indicated by underline; deletions
by asterisks • • • 119 ATTACHMENT 2 J