HomeMy WebLinkAboutReport by Lt. Jose Tellez With Memo from Feral Cat CoalitionNATIONAL CITY POLICE DEPARTMENT
INTER-DEPAWFMENT MEMORANDUM
Date: February 23, 2011
To: Leslie Deese, Asst. City Manager
From: Jose Tellez, Lieutenant
Subject: Feral Cats in National City
Background:
According to the Feral Cat Coalition (FCC) feral cats are the "wild" offspring of domestic
cats and are primarily the result of pet owners' abandonment or failure to spay and neuter
their animals, allowing them to breed uncontrolled. Feral cat "colonies" can be found
behind shopping areas or businesses, in alleys, parks, abandoned buildings, and rural
areas. They are elusive and do not trust humans.
The city of National City adopted strict regulations as it relates to animals, including feral
cats. Per the Municipal Code Section 8.32.015, a maximum of three dogs and three cats,
all over the age of four months, may be kept on any parcel of property less than two acres
in size, occupied by a single-family residential dwelling. This section further states that a
maximum of two dogs or two cats, all over the age of four months, may be kept or
maintained in any one dwelling unit located within a mobile home park, multi -family
dwelling, or apartment, or condominium complex. Additionally, no more than three
cats exceeding four months of age shall be kept on any parcel of land within the city.
Municipal Code Section 8.32.020 states that except for cats, no animals shall be allowed
to run at large. Notwithstanding, a cat owner shall control his or her cat or cats so as
to avoid the creation of a public nuisance. Cats at large may be trapped using a
nonlethal, humane trap and shall be turned over to an animal shelter or an animal control
officer within twenty-four hours. The city shall not be responsible for trapping or
transportation. Additionally the section further states cats may only be fed within a
residence or an enclosure on the property of the owner.
The above listed municipal code sections and others not listed were enacted to address
the serious animal control problems in National City. On a routine basis, the Animal
Control Officer Jane Gordon, receives several calls a week from citizens regarding stray
dogs and cats. Specifically to cats, Officer Gordon often receives complaints of cat
colonies (feral cats) in shopping centers, industrial complexes, and in residential areas;
some of the colonies range anywhere from 10 to 30 feral cats or more. As a matter of
practice to address the complaints of citizens, Officer Gordon often loans animal traps to
citizens to facilitate in the capture of the stray animals. Once trapped, Officer Gordon
takes custody of the animals and transports them to the Chula Vista Animal Shelter. Due
to the fact several of these cats are feral and not suitable for adoption, feral cats are often
euthanized.
The Feral Cat Coalition (FCC) works closely with all the animal shelters in San Diego
County. The FCC is often called when feral cats are brought to animal shelters. The
FCC will have cats spayed or neutered, vaccinated, and screened by a veterinarian or
veterinarian technician for the purpose of releasing the cat back to the original area it was
trapped. Feral cats that have been rescued can be easily identified through the surgically
removed tip of one ear.
The fact FCC works to place feral cats back to the area they were originally trapped poses
a problem. Even though the cats are considered healthy and lack the ability to reproduce,
the fact remains they leave animal waste in areas they live and scavenge for food.
Incident:
A specific incident brought this matter to the forefront. Officer Gordon, for the better
part of several weeks has received several complaints regarding a feral cat colony located
on Kimball Way, in the city drainage area adjacent to the rear of the Wal-Mart.
Individuals by the name of Antonio and Cheryl Panico, who reside at 1630 C Avenue # E
in National City, were feeding the colony. As a result, other animals like skunks,
possums, and raccoons were attracted to the area because of the food left on the ground
by the Panicos. The area became unsightly, littered with trash and food remains, animal
waste; overall it is a health hazard. The Panicos also posted signs in the immediate area
soliciting donations to help feed "National City Stray Kitties." The sign provided a
phone number and directed potential donors to a website run by the Panicos
(www.KittyCatLoveandLicksorg).
The website provided a list of services provided by the Panicos which included the
following information:
If you would like to share your love and help our Kitty Cat Rescues you can send
a love donation to help with expenses. We are a non profit organization.
A bag of cat, food costs around $15.00 per week to feed 10 cats, about half our
population.
Advantage Flea Medication costs $15 per cat per year.
Worm medication costs $25 and covers three cats.
Spay and neuter services cost $50.00 per cat.
Housing $800 per month.
Based on the information listed above, it was apparent the Panicos were soliciting money
to have their own housing paid by would be donors.
Officer Gordon personally met with the Panicos and told them that they could not solicit
money in this manner and further instructed them that they were in violation of the
municipal code for feeding and maintaining a cat colony. As of this writing, it appears
the Panicos have followed Officer Gordon instructions; the website is no longer in
service.
Officer Gordon continues to take the trapped feral cats from Kimball Way to the Chula
Vista Animal Shelter. The shelter has in turn, with the approval of Officer Gordon,
released the cats (after they have been spayed/neutered) to the Feral Cat Coalition. The
only condition set forth by Officer Gordon for the release of these cats to FCC is that they
are not to be re-released in National City; the FCC has worked to relocate the cats to
other cities.
Officer Gordon continues to operate within the guidelines of the municipal code to
address the continued complaints from citizens regarding feral cats in the city.
Attachments:
1) Applicable Municipal Code Sections
2) Copy of flyer posted by the Panicos
3) Copy of information posted by the Panicos www.KittyCatLoveandLicks.org
website.
4) Proposal for Municipal Code Section revisions submitted by Feral Cat Coalition
5) Letter from Nancy Peterson, Cat Programs Manager, The Humane Society
JOSE TELLEZ
Municode Page 1 of 2
8.32.015- Restrictions on keeping certain animals, birds and reptiles.
A. It is unlawful to keep, possess or maintain any animal, bird or reptile not prohibited by Section 8.32.010, except
as follows:
1. Only horses, cows, goats, sheep, burros, mules, jackasses, llamas or alpacas may be kept, possessed
or maintained, either alone or in combination with each other, not to exceed a total of five combined, on
a parcel of land with a minimum area of at least twenty thousand square feet.
2. Any combination of the following classes of animals, not to exceed a total of twenty, with each class
limited by a maximum of four adult rabbits, four chinchillas, four hen chickens, four turkeys, four ducks,
four geese or twenty pigeons may be kept on any property zoned for single-family residential use that is
greater than twenty thousand square feet in area.
3. Domesticated rats or domesticated mice, hamsters, parakeets or small ornamental songbirds or other
birds or animals not prohibited by Section 8.32.010 may be kept in cages or similar enclosures on any
property used for residential purposes.
4. Any number of domesticated mice or domesticated rats, hamsters, parakeets or small ornamental
songbirds or other birds or animals not prohibited by Section 8.32.010 may be kept at any laboratory or
pet shop properly located in a zone allowing for such use, provided the animals are kept under humane
sanitary conditions in cages or enclosures which are designed to prevent them from being at large.
5. A maximum of three dogs and three cats, all over the age of four months, may be kept on any parcel of
property less than two acres in size, occupied by a single-family residential dwelling, and on parcels of
property greater than two acres in size occupoed by a single-family residence, a maximum of six dogs
and three cats all over the age of four months may be kept; provided however, that the exterior area or
areas where any dogs are kept must be enclosed at all times by a barrier, fence or pen meeting the
requirements of Section 8.16.100.
6. A maximum of two dogs or two cats, all over the age of four months, or a combination not to exceed two
may be kept or maintained in any one dwelling unit located within a mobile home park, multifamily
dwelling or apartment or condominium complex, if allowed by the regulations of the owner or
condominium association.
7. Large birds not exceeding a total of two may be kept on any parcel exceeding twenty thousand square
feet in area pursuant to a permit issued by the animal control officer.
8. In addition to any animals allowed by subsection A of this section, a resident of a dwelling unit located in
a mobile home park, multifamily apartment or dwelling or condominium may keep a maximum of two
small ornamental birds or song birds, if allowed by the regulations of the owner or condominium
association.
9. Except as provided otherwise in this section, no more than three cats exceeding four months of age
shall be kept on any parcel of land within the city.
10. Only one nonvenomous snake not exceeding six feet in length or one reptile or lizard not exceeding
twenty-five pounds in weight may be kept on any property, either alone or in combination with any other
animal or combination allowed by this section.
B. 1. Exemptions to the above limits may be allowed for educational, conservation, religious or preservation
purposes upon issuance of an animal permit by the city council or city manager. No permit shall be
issued unless it shall affirmatively appear that the increase in numbers or combinations will not
adversely affect the public health and safety or be incompatible with uses on contiguous properties.
Each permit issued is subject to revocation, nonrenewal or both for violations of this title. An annual
permit fee as established in the National City fee schedule shall be paid at the time of application and
each renewal.
2. Violations of issued permits shall result in the impoundment of any animals, birds or reptiles in excess of
the number or species allowed by subsection A of this section and the revocation of the permit. The
permit holder may appeal the permit revocation in accordance with Chapter 1.42 within ten calendar
days from the date of revocation to show cause why the permit should not be permanently revoked.
Impounded animals shall be kept at the owner's expense during the appeal or pending decision,
following which disposition pursuant to Section 8.04.020 shall occur.
3. Violations are also subject to administrative or criminal actions, as appropriate, notwithstanding the
revocation of the permit.
C. The authority granted by subsection A of this section to keep or maintain animals, reptiles or birds shall not
apply on any property, including a mobile home park, condominium association or apartment where other
restrictions or prohibitions on the keeping of animals, birds or reptiles exist, either by regulation, lease, zoning
or restrictive covenants.
(Ord. 2249, 2004, Ord. 2245 § 6 (,part), 2004; Ord. 2196 § > (paid); Ord. 217? § 6 (pad), 2000)
8.32.020- Conditions of keep rig or maintaining permitted animals, birds and reptiles.
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Municode Page 2 of 2
Except where a prohibition or restriction is specifically made applicable to "any person," it is unlawful for an
owner, handler or any other person charged with the keep, care, possession or maintenance of an animal, bird or
reptile to fail to comply with the following regulations:
A. All dead birds, animals and reptiles, and all manure, feces, feathers, skins and related detritus shall be
removed and disposed of in a sanitary manner within forty-eight hours of death or occurrence. Pending
disposal, the materials shall be stored in fly -tight, air -tight containers.
B. All stables, pens, coops, cages and other enclosures for animals, birds and reptiles shall be cleaned at
intervals not to exceed two days between cleanings and at all other times maintained in a clean,
sanitary condition, free from offensive odors. An odor is offensive if it can be detected at the adjoining
property line.
C. All enclosures where animals, birds, reptiles are kept shall be painted at an interval not to exceed
twelve months.
D. The floors of every enclosure where birds are kept shall be kept smooth and impermeable to water, and
no accumulation of filth droppings or water shall be permitted.
E. Floors of runs or pens for animals shall be constructed of cement or nonporous material impermeable to
water. Pens shall be maintained in a clean, sanitary condition at all times.
F. No large animals shall be kept or maintained within twenty-five feet of any dwelling used or intended for
habitation by humans, including that of the owner.
G. All rabbits and, except as provided in subsection H, all birds shall be kept within an enclosure that is at
least twenty-five feet distant from any dwelling used or intended for human habitation. Enclosures shall
be situated in the rear yard, and shall not encroach into any side yard or rear yard set back required by
Title 18 of this code.
H. Parakeets, canaries and similar small domestic ornamental birds or song birds may be kept in a cage
within a dwelling unit.
I. Chinchillas, hamsters, rats, mice, guinea pigs and similar rodents may be kept in an enclosure in a
basement, garage or in a building attached to a dwelling unit; otherwise these animals shall be kept in a
hutch or similar enclosure that is at least twenty-five feet from any other dwelling used or intended for
human habitation.
J. Except for cats, no animals shall be allowed to run at large. Notwithstanding, a cat owner shall control
his or her cat or cats so as to avoid the creation of a public nuisance. Cats at large may be trapped
using a nonlethal, humane trap and shall be turned over to an animal shelter or an animal control officer
within twenty-four hours. The city shall not be responsible for trapping or transportation.
K. No feral pigeons shall be fed or maintained on any property in the city by any person. In order to
prevent attracting wild animals and birds, domestic pigeons may only be fed within a coop on the
property of the owner or handler, and cats may only be fed within a residence or an enclosure on the
property of the owner.
L. No rat or mouse that is being lawfully maintained pursuant to this chapter shall be released or allowed
to run at large within the surrounding community.
M. No person shall feed any wild bird upon the premises of any restaurant or facility serving or selling food
for human consumption.
N. No animal or bird shall be allowed to howl, bellow, squawk, or make a sound characteristic of that
species which creates a noise disturbance across a residential or commercial real property line or within
a noise sensitive zone between the hours of ten p.m. and seven a.m. daily for more than three minutes,
or at other times for more than ten consecutive minutes or for more than a total of fifteen minutes within
any sixty minute period. This provision shall not apply to public zoos. Interference by noise shall also
constitute a public nuisance. The procedures set forth in Sections 8.16.050 and 8.16.055 shall be
utilized in responding to noise complaints and requests for abatement, in so far as applicable, under this
section.
(Ord 246 § 6 (pal Or 2 0/L Oro 19( <> Ion!
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Vww.KittyCatLoveandLicks . org.
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lease donate
help feed National
Citys Stray Kitties
Ca11 619477-773
Kitty Cat Love & Licks Love Donations Page 1 of 2
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Sim_pl elicl on tl e lull l e.lo a to s rrd a Kitty Cat 1_,ov , and Licks dor ation.
You can send any a 1. lrarat von wish Cheryl will receive ii: and put it to Work
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medicines. Cheryl works 24 hours a
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Kitty Cat Love & Licks Love Dol!ations! ' Page 2 of 2
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provide food & water for the Kitty Cats that are too shy for human contact.
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water daily which.
[ 1sy local Possums., Raccoons, Skunks & Birds, Food & Water; Flea y Worm rxaedieatic
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http://www.kittycatloveandlicks.org/kitty_catloveand licks home.htm 11/30/2010
Kitty Cat Love & Licks Rescues
Page 1 of 5
v cats, probably ather° of most of the babies born t( er
en reeding since April 2008. He looks and comes when we call him
contact. Smart cat; stay away from humans!
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http://www.kittycatloveandlicks.org/kitty_cat rescues.htm 11/30/2010
Kitty Cat Love & Licks Rescues Page 2 of 5
Grev l l oa
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well being. A well fed cat is less li
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until feeding time and remains very shy. _1
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feeding them improves their health and mental
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http://www.kittycatloveandlicks.org/kitty_cat Jescues.htm
11 /3 0/2010
Kitty Cat Love & Licks Rescues Page 3 of 5
ev
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vins to the neighbors hbors by of
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hand Zvitl a toothpick. Soon, wile-t i'etev was strong eru.atgh Chery rl"ortunately"
upon release to the wild,. Petey would. only fly at ground level. 'l ppy and chased hurl
into the nei gltboz.s` yard and into a hole in the fence as our hearts laps! 1 quickly pull(d r<.and
http://www.kittycatloveandlicks.org/kitty_ cat rescues. htm
11 /3 0/2010
Kitty Cat Love & Licks Rescues
Page 4 of 5
over the 01 tall) fence ail ran to
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Kitty Cat Love & Licks Rescues
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gw';
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are really cool
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http://www.kittycatloveandlicks.org/kittycat_rescues.htm 11/30/2010
Jose Tellez
From: Amber Millen lamillen@ucsd.edul
Sent: Wednesday, February 16, 2011 5:06 PM
To: Jose Tellez
Cc: Leslie Deese; Josh Hirschmiller; Anna Brown
Subject Re: Feral cat meeting
Attachments: FCC-Nati City Code.doc; ATT819249.txt
�u u
FCC-Nati City ATT819249.txt (2
Code.doc (69 KB).. KB)
Hi Lt. Teller,
Attached please find the suggested language (in red) that we would like have reviewed for inclusion in
the City's municipal code. The text in blue is a comment in response to the preceding paragraph and
is for consideration of a policy adaptation related to the current management of feral cats complaints.
Thank you for keeping us updated on the progress of this issue. We look forward to viewing the report
to City Council and attending the related City Council meeting.
Cheers,
Amber
Amber Millen
Feral Cat Coalition
8.04.020 - Impoundment, disposal and return of animals.
E.
Upon impoundment of an animal wearing a license tag, identification listing the
owner's name and address, or indicia from which ownership can be readily
determined, the animal control officer shall ensure a notice is promptly posted at
the owner's address of record, or mailed or personally delivered to the owner of
record that the animal is in the custody of the contracting agency. The notice
shall conform to the requirements of Government Code Section 53074 and
include a statement that the owner may within five calendar days from the date of
service request a hearing as to the legality of the impoundment. Such request
shall be in writing and must be received by the animal control officer within the
specified time period. Upon impoundment of an ear -tipped cat, the animal
control officer shall ensure that the Feral Cat Coalition be promptly notified
that the animal is in the custody of the contracting agency. A description of
the cat and the location at which it was trapped should be provided by the
contracting agency.
8.32.015 - Restrictions on keeping certain animals, birds and reptiles.
B.1.
Exemptions to the above limits may be allowed for educational, conservation,
religious or preservation purposes upon issuance of an animal permit by the city
council or city manager. No permit shall be issued unless it shall affirmatively
appear that the increase in numbers or combinations will not adversely affect the
public health and safety or be incompatible with uses on contiguous properties.
Each permit issued is subject to revocation, nonrenewal or both for violations of
this title. An annual permit fee as established in the National City fee schedule
shall be paid at the time of application and each renewal. Exemptions to the
above limits may be also allowed for caretakers managing feral cat
colonies as part of a TNR program.
8.32.020 - Conditions of keeping or maintaining permitted animals, birds
and reptiles.
J.
Except for cats, no animals shall be allowed to run at large. Notwithstanding, a
cat owner shall control his or her cat or cats so as to avoid the creation of a
public nuisance. Cats at large may be trapped using a nonlethal, humane trap
and shall be turned over to an animal shelter or an animal control officer within
twenty-four hours. The city shall not be responsible for trapping or transportation.
As part of the animal control officer's response to feral cat nuisance
complaints, instead of immediately trapping and euthanizing feral cats, we
would like to help enact a system whereby if the complaint involves
managed feral cat colonies, the Feral Cat Coalition would be contacted to
work with the caretaker to remedy the complaint (and/or educate the
person complaining). As we stated in our meeting with Ms. Deese and Lt.
Tellez, this could reduce the running list of 25 complaints significantly, at a
cost savings to the City.
K.
No feral pigeons shall be fed or maintained on any property in the city by any
person. In order to prevent attracting wild animals and birds, domestic pigeons
may only be fed within a coop on the property of the owner or handler, and cats,
with the exception of feral cats who are part of a TNR program, may only be
fed within a residence or an enclosure on the property of the owner.
H;:d 1Ti y d
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