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2180 Milvia Street, Berkeley, CA 94704 
Tel: (510) 981-6900, TDD: (510) 981-6903
Office Hours: Monday - Friday  8 a.m. - 5 p.m., E-mail: clerk@ci.berkeley.ca.us

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Public Hearings     |     City Council Agendas & Summaries


Public Hearings for November 16, 1999 include:

1.    PROPOSED ADOPTION OF A MANDATORY SPAY/NEUTER ORDINANCE

2.    HEARING: APPEAL OF ZONING ADJUSTMENTS BOARD DECISION - 944 FRESNO AVENUE

3.    HEARING: PROPOSAL TO INCREASE THE RATES FOR 96-GALLON REFUSE CARTS AND CLEANING AND PICKUP FOR BINS

 

 

 


 

 

1.    PROPOSED ADOPTION OF A MANDATORY SPAY/NEUTER ORDINANCE



The Task Force on Animal Care and Control comprised of Mayor Dean, Councilmembers Spring and Olds, and Humane Commissioners Goldberg and Ober, are proposing the adoption of a mandatory Spay/Neuter Ordinance for dogs and cats. The text of the proposed Ordinance is included.

Anyone wishing to speak at the public hearing should attend the meeting on November 16, 1999 and request a speaker card from the City Clerk. Speaker cards may be obtained starting at 6:45 p.m. and until the close of the public hearing.

The Council will hear from speakers in the order cards are returned to the City Clerk. Speakers will be allotted a maximum of three minutes to state their views. The Council may decide to further limit the speaking time based on the number of speakers.

Written comments should be mailed or delivered directly to the
City Clerk, 1900 Addison Street, Berkeley, CA 94704, in order to ensure delivery to all Councilmembers and inclusion in the agenda packet. Comments received not later than 12:00 noon, Monday, November 8, 1999, will be included in Council agenda packets. Comments received thereafter will be submitted to Council as supplemental communications prior to the meeting. For further information, call Sherry M. Kelly, City Clerk, 644-6480. TDD: (510) 644-6915.

 

 DRAFT ANIMAL SPAY/NEUTER ORDINANCE -

COMPANION ANIMAL POPULATION CONTROL/TOWARD A NO-KILL CITY

(NEW CHAPTER 10.30 OF THE BERKELEY MUNICIPAL CODE, TO REPLACE EXISTING CODE SECTION 10.40.205)

10.30.01 Spaying/Neutering of Companion Animals; Unaltered Animal Certificates

1. All dogs within the City of Berkeley shall be licensed as required by Sections 10.04.020 et. seq. of the Berkeley Municipal Code. Cats are not required to be licensed.

2. All impounded animals which are not reclaimed by their owners and have been held for the required holding period may be adopted by private citizens or held for adoption by an animal rescue group or a humane organization or agency. No unaltered dog or cat shall be adopted out of the Berkeley Animal Shelter, or from an animal rescue group, or a humane organization, or an agency, and all animals held for adoption by these groups shall be spayed/neutered by the age of three months and a weight of at least two pounds, except as provided in Section 4 herein. For all unaltered animals that are being adopted from the Shelter by private citizens, a deposit in an amount adequate to cover the estimated cost of the animal's alteration will be placed with the Shelter at the time of adoption, and the Director of the Shelter will arrange for the adopted animal's alteration.

3. No person shall own, harbor or keep within the City of Berkeley, a dog or cat over the age of six months which has not been spayed or neutered, unless such person holds an Unaltered Animal Certificate for the animal.

Unaltered Animal Certificate means a written authorization, issued annually by the City of Berkeley, giving permission to maintain an unaltered dog or cat. The fee for the Certificate shall be established by resolution of the Berkeley City Council. For dogs, this fee shall be higher than that for a Dog License and shall be set at an amount high enough to encourage the owner to spay or neuter the dog. The cost of the Certificate for a cat shall be set at an amount high enough to encourage the owner to spay or neuter the cat.

4. If a veterinarian licensed to practice veterinary medicine in the State of California certifies that a dog or cat is too old, sick or injured to be spayed or neutered, or that it would otherwise be detrimental to the health of the dog or cat to be spayed or neutered, the owner of such dog or cat shall furnish such certification annually to (position designated by the City), but shall not be required to pay the fee imposed by Section 3 hereunder.

5. (Position designated by the City) shall administer a yearly certification program for unaltered animals over the age of six months. No Unaltered Animal Certificates shall be issued unless the Director of the Animal Shelter determines that the following conditions have been met:

A. The animal has not been given the designation "vicious" or "dangerous" pursuant to BMC 10.04.170.

B. The dog owner has not been convicted of either of the following offenses within the preceding two years:

1. Berkeley Municipal Code section 10.04.090 (Running at Large)

2. Berkeley Municipal Code sections 10.04.100, 10.04.110, and 10.04.120 (Impounding a Dog for Non-Confinement).

C. The animal owner complies with all applicable Berkeley ordinances and state laws concerning the care and housing of animals.

D. The owner furnishes (position designated by City) with a signed statement agreeing to keep records available for inspection by the Director of the Berkeley Animal Shelter for a minimum of two years documenting how many offspring were produced, the name and address of the person(s) who adopted or purchased each offspring, and the date of adoption or purchase.

E. The dog for whom the Unaltered Animal Certificate is sought is currently licensed as required by section 10.04. 030 et. seq. of the Berkeley Municipal Code.

6. Any owner offering to the public the availability of any unaltered dog or cat which is six months or older for adoption, sale, barter or other transfer must prominently display its Unaltered Animal Certificate number. The Certificate number shall also be provided to any person adopting or purchasing any unaltered dog or cat bred in the City of Berkeley. If the animal being so offered is less than six months old, then the Certificates of the animal's parents must be displayed.

7. Commercial establishments selling locally bred unaltered dogs or cats shall prominently display copies of each animal's Unaltered Animal Certificate.

8. Upon request by the Director of Animal Services or any animal control officer or humane officer or peace officer, the owner of an unaltered dog or cat shall furnish for inspection said animal's Unaltered Animal Certificate or provide proof thereof within thirty days.

9. Any owner who is denied an Unaltered Animal Certificate or whose Certificate is revoked by the Director of the Berkeley Animal Shelter for failure to comply with the requirements of this Section 10.30.01 may appeal such denial or revocation to the City Manager.

10.30.02 Penalty for Violation

1. Any person violating or causing or permitting the violation of section 10.30.01 shall be deemed guilty of an infraction, and shall be punished by a fine in the following amounts: $100 for the first offense, $250 for the second offense, $500 for the third offense, and $1000 for the fourth and any subsequent offense. These progressive fines shall apply to successive violations with respect to the same animal and not to a series of violations with respect to different animals owned by the same owner. In the instance of the levying of a fine, the animal owner has a choice of paying the relevant fine or altering the animal in question within 30 days.

10.30.03 Use of Revenue from Unaltered Animal Certificates

All revenue from the issuance of Unaltered Animal Certificates pursuant to Section10.30.01 shall be applied as follows:

1. To provide a free or low cost program for the spaying and neutering of companion animals owned by low-income residents of the City, in cooperation with local veterinarians.

2. To provide for public education about the humane treatment of animals and animal population control.

3. To defray the costs of administration and enforcement of this chapter.

10.30.04 Enforcement Responsibility

The Director of Berkeley Animal Services shall be responsible for the enforcement and administration of this chapter.

10.30.05 Sale or Adoption of Dogs and Cats

1. No animal shelter, humane society, animal rescue or humane organization or agency shall place an unaltered animal for adoption.

2. Any person who provides or offers any animal to the public, whether or not for compensation, shall provide to the prospective owner, free of charge, information relating to: (a) the vaccination status of the animal, and (b) City laws pertaining to animal control and spay/neuter programs. This information shall be prepared and made available free of charge by the Director of Animal Services.

3. No person or organization, other than a recognized animal rescue group or humane organization, shall offer any dog or cat to the public on public property.


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2.    HEARING:  APPEAL OF ZONING ADJUSTMENTS BOARD DECISION - 944 FRESNO AVENUE

The City Council will hold a public hearing regarding approval of Use Permit 99-20000051 to add approximately 770 square feet to an existing 1,900 square foot, two-story, single family dwelling at 944 Fresno Avenue. Due to a lack of quorum, the Zoning Adjustments Board was unable to reach a decision regarding the above referenced Use Permit. Consequently, the permit was approved by virtue of the State of California Permit Streamlining Act which mandates a project approved when the City fails to act on a project within 60 days of the date it was accepted as complete.


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3.    HEARING: PROPOSAL TO INCREASE THE RATES FOR 96-GALLON REFUSE CARTS AND CLEANING AND PICKUP FOR BINS

Recommendation
: The City of Berkeley Department of Public Works is proposing to increase the refuse rate for each 96-gallon cart picked up twice a week from $73.88 to $91.80, and to increase the Cleaning and Special Pickup for front and rear loading bins by 7%.

For further information, call Woody Hoffman, Public Works Transfer Station, 644-8891.


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City Clerk Department
2180 Milvia Street, Berkeley, California  94704
Telephone (510) 981-6900; TDD (510) 981-6903; Fax (510) 981-6901
Office Hours: Monday - Friday, 8 a.m. - 5 p.m.
E-mail:
clerk@ci.berkeley.ca.us
Graphic: New Information Note: Some City buildings and services will be closed to the public on holidays and reduced services days. Access the City's Holiday and Reduced Service Days Schedule.