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HomeMy WebLinkAboutStaff Report from 4 5 2011NATIONAL CITY POLICE DEPARTMENT .A.) ARTMENT 1V1 ;1`'v '3RA1`IDt_JM 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 eats. Per the Municipal Code Section 8.32.015, a maximum of three dogs and three cats, all over the age of four months, inay 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 eats. Specifically to cats, Officer Gordon often receives complaints of cat colonies (feral eats) 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 (wwv .KittyCat1 oveandLick; org). 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 cctt 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 r-\ A; w_K ttyC atl,ovearidl,in1 L.or 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. F- e rict.ions on keeping Ge 011in anirnali , birth; and reptiles. A. It is unlawful to keep, possess or maintain any animal, bird or reptile not prohibited by Section 6.32.010, 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 6.16.100. 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), .?004; Ord. 2'191. § 5 (pant), Ord. 2171 § (pall), 2000) 8.32.020- Conditions of keeping or irn nEaining permitted aninilai , birds and rept� http://library.municode.com/print.aspx?clientID=16516&I ITMRequest=http%3a%2f%2fl... 03/02/2011 Muni code 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 he fed within a residence or an enclosure on the property of the owner. te. 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. NI, 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. (oi d. 2245 6 rt , 2004. toil. 2106 f) 'I?t.! ) Oro' f I 11 .11 2000) http://library.munieode.com/print.aspx?elientID-1 651 6&HTMRequest=http%3 a%2f%2fl... 03/02/2011 www e KittyCatLoveandLicks a org o NaturesMassageStones Qom ity5 tritti all 1 477 7 Kitty Cat Love & Licks Love Donations Page 1 of 2 Crre°tings, hove & [,.ie s I iini /Nt.ntonio, 1.17ank you Ior sending your i,ove d.onatloi'ito our rescues i:)rotee'l them with Good Hca.it;h; Peace, Honor and. Love. Your donation will he used entirely for 1;:.ittv`s. Cats, Pussy Cats, Raccoons, Possurrl.s; Skunks, and T;i.ids. We focus on oiariitaain.ing, food Mid water for the Stray (.Cats and rescue cal any given . noinein, We C:al.i1'1: do it all alone. A\lee need you laclp We nee( E.ti:€r 1'i a i We need your love. Much i.s needred oii a wrist nable basis. l'1e ise oin.ly give i('you can afford it it you pray to the God that lives in von and all of us, It wi(I be gratefully appreciated as I pray i:oryou now. ,haply click on the link helot; to send a kitty Cat .Love and Licks donation. You can send any amount you wish. C h.eeryl will receive it: a.nd put it to mirk. -for the Kitty's, Cats and outer Aii els that come to us for love. food and medicines. C.lieryl works 24 hours a day 1-1-ir iiicse anininls. 0i°- IIi lud_e !a 71Otith your cloilation It) tell ua your i 1.c. Ey:'cl.fie Peace, Antonio Below arc the; coE unor xpe ies vVe la<rvc eacli d 1 . d Hint: l'o use credit eard ordv: look lot link or1 PavPol pa411i n Page on lower le,fi: coiner. 11 says 'Don't have a l`''.ay f sl art t:tSu s dick coni'.ians l'ayPal lotidu is on the right. -You can use an existing Pay Pal aceeoui�t czi° : et iila i. iiow Pay [' account 1so Yon may s .nd ek a:]ca7 ware- ?air unt 'I.'o t:'Iie1yl ['aiiico 16.30 C.1 pt. National (.".i1:y. C.: 4. 91.950 Or ono is 11"sz`i iv. v to ivu .PavPa1 accontut: a t chin i.F,r,: tilitt'.'�. catiao`i r.e¢i:r..l.li ' http://www.kittyeatloveand licks. org/kitty_ _eat_love__donations. htm 11 /3 0/2010 Kitty Cat Love & Licks Love Donations Page 2 of 2 'font t:oitio Panic° If you would like to share you1r love dill help our Kitty Cat Rio;rues yoi.i eai� send a. love dominion to help with expense's, We arc a on i)rofit orgilli atiorF. A bag- of Cat 'food cos1s around $1 7.00 per \\Cell, to feed 10 eats, about hall our population dvaota e 1:'1M.edi.cation costs per eat: pea year \k'omt medication Bost 25 artd covers three cats, Spa y and JICL.1tet ;arvices eosi. $50.0() per eat 11.oieaoe `i800 per nloutli, l 5o0 can afford to give, we would appreeiale your assistance. 0Jea iC L ep us iri your prayers as l pray for you Ilo‘\. thank you very much, /Vi oz"lio Copt' write proteeicd tune 201O 17y (Iller"yt' ra('nio. l lassm. Stones (4: National City i epie °rl rvi e http://www.kittycatloveandlicks.org/kitty_cat_love_donations.htm 1 1 /30/2010 ltonio Panfeo's i,oell kitty (al rescue has been ur nL•i ar.horhood nnintmls live a. Heal:thy life; We are here to protect they innocent., 1.:',.cscne the anirn.nls ((011 can be rescued & provide food. &. eater •f'or the l_ atty Cats that 1ar0 too Shy for hitimin contact. { n1 It 0ziioll is to providfecare l:or olatside eats and rescue therm possible. To provide food and water daily which. Elise shoved 1:>y local 1'ossaarlls, 10ecoorrs, Sk.unk:.s & Birds. t'ood & Water, flea &.:Worm rrac,du:,�rtir)r1 spay & tcLiter services are also needed for a hur"na.0 d-igiiiti;C1 response. We pry t1nt thre rt 1(.1lty [ Gil E,ducatior_l, humane services �a.r1Cl sh.rlalr"r.i 1C>i h� �z111 make 11.t)t Drily our 0101a it better 111i.ce„ but be an inspiration to it se >h. tl) i11(ak G1 differ 11lCt 10 i'.',A1co1,ir:in their 1L6.';i1s l)l ovid.e F1 l) for f:[lcir .l.ocnl Kitty t `a, l ossuj n SktillkS Runs <:. 1.31.RI TOO! icy rc pc;ct gall1 .r�l.igious 't'orldwide and we are dedicatee rfisciplce of:C,lrrist ;Ica . oul' lord. 0l see pray in whill ever wanner c-otr.nce:is you to the:. God. -ithin you to help our anirn i1s.. k you! \ria ilie. €ioo- cif bless you richly as you share concern -for all case attires that an. liaaaoeerlt. Arltc)ruo s rlai)t When yot..i. 0/it 1 `111 , i f."C r' SPIRT"' WI. aft£`.'. '{e:`.1witi)"i;')t.11 iovc.. tv1 (NIVIED Kitty (.at 1_.00 , F'r, 1 1.k.s e114.,1ics1: form of're.speci. and love ;- 0 s::111-1 Ind oftendo! 2e Licks .010 1 1 p •i' of s �.l b5y , ( Ilol yl '.. %Siii. Sliif3 I��£Lildv(r l �:1111) eSi l<I`�gsiczoSto "ii s,cor,1 0111.1 i� yy <"` 5 ` e ' - a4r. �)r1 a�C_-r��� �J lit c33 �'t v.l% e.c t.i £ipy v' rite pi'ot :tied beginning .dare 201.t1 i:o ( l olyl. c�'� Auto io, 12lataar'c:i ik1ti5(1('v., >t:o111 , rY: 10(1Lion c I l.1.y (..opier SUrVti'_e http://www.lcittycatloveandlicks. org/kitty_cat_love_and_licks_honie. httn 11 /3 0/2010 Kitty Cat Love & Licks Rescues Page l. of 5 IS one Of our rlatlle stray eats, probably the tither of most of the babies burn thel'ee, i\ ve:ry hand>olne eat that: s''e have been feeding since April 2008. He looks and conics Nyllen_ we call him but is too shy for lulu dl.lr. contact, Smart cat, stay a,vay from humans! Pi;gfd. is a beautiful threat iTid 10 exCcllent I1"lothel. `31)e has about thur new cats and t.ite to conic out now. All I'her babes are smart and healthful, She is our pride, and Joy, h%lo Coco Puff and most (_ikon; WV'inky rs l.JtllLL1lilc,:(.1 i-111111: and ieav t (ills: tabby 51a1e; seen above: 15 (110t: s110\v"l 1C1!.lre Starting glltf?g\ :Inc one tabl_>a- 1 :11 aic _, burn our` qui.l:;wl�� �; lii�l���r,l.�ut1'~.crc too shy to be� caught, �te.� a1{:; wonderful to watch, too shy to 0on.l0 11ad1, iililzli't kitties! H1.1I",llans can be dangerous, /\t least they ale fairly Safe, \Yell led ti):1d hr.ltt�i'e',i ild o slt° st) =y' t=nl)xcd Carle l ejs0ble lather to rosin ', Re has a brother that is shy he comes LI_st- to eat: lllid is barely ',;° ' 1, http://www.kittycatloveandlicks.org/kitty_cat_rescues.htm 11/30/2010 Kitty Cat Love & Licks Rescues Page 2 of 5 is very clean, beautiful, shy and sw ways waiting for u When. anyone Says "don't feed the strays" I tell them thatIde well being. A. well fed cat is less likely to I with Grey Baby who probably is her son, irtz� then" improves their health and mental and vkil_l be healthy. lives up the hill and eumes to eat, but: stay, at a .respectable distance or he will get in a right, I encourage lalrn. to C(HUL.'., and i1(" tjled to go into i'y a.l'1Cl Ja.ehs territory, but fighting:, occurred so ll.c stays up tl:l( hni until Deeding time and remains very shy, Ile is [l smaller all black. kitty and very beautiful! http://www.kittycatloveandlicks.org/kitty_sat_rescues,litm 11 /3 0/20l 0 Kitty Cat Love & Licks Rescues Page 3 of 5 was a I 1(,. fnacie the rounds!. VvIheri Jia siiivy US comiflg ,d1 nigh! k) reed [he stra,,,, CS. he would, yerAire forth! I bi,lieve someone. took him U1 because we dont see Into anYrnore Lind Ile is \'er svvect, \ti .k.1101'\i1l to the neighbors hiy other names, he poi around! Pete)/ was a sparrow who -was rescued by Newby, our Cat! I- found Pctey in the bushes and brought Petcy to US ',113.(1 ILLently laid him 5 our feet! Pcicy was newborn and could riot fly, Cheryl diligently fed Pcley by hand with a toothpick, Soon, !vhen PetetrOng Clough 1 l nallt Pete 10 Hy! Unfortunately, upon release to the wild. Petey would only fly at ground ievel. Tippy (aur cat) saw Pct.ey and chased him into the neighbors' yard and into a hole in the fence as our hearts lept° quickly pulled inyself up and http://www.kittycatloveandlicks.org/kitty_catjescues.htm 11/30/2010 Kitty Cat Love & ticks Rescues Page 4 of 5 over the, (6tall) fence and ran to PO-eys rescue! Peter was a good friend for many yoays and now flies with the Angels in h.eav(11,, Go Pete)/ Go! Mr, 13 ow S has white eye -whiskers alai: uniquely identify him, Mr, Brows just appeared ono day, he kind of took over arid was (here every evening at feeding time, fie wants attention more than rood,. Ile rolls around and war rricudILY enough to be picked up and roiled around. Ile only ate later- Ile was a n'aveler and. a [lei sortie lirn we began le see huri hlss `61rtd less. He came from [tic direction or the seniors borne across the street. I think someone may nave adopted him. We see him rain time to time now„ and I pet him too. 605511111 Tamlly th.ey are harmless ancl innocent. They would rather ritiirtd their own business. Fantastic family anintals http://www.kittyeatioveandlicks.org/kitty_cat_rescues.htm. 11/30/2010 Kitty Cat Love & Licks Rescues Page 5 of 5 who take care; of t1. c r young very- vve.11. Ciive the,tn a Bleak.! Slow down and tell others to slow down and w-Littsll out for these gentle crea.turcr; (bat God placed on OUT lives,. 11.•fti,y(oec to eat \11i1:h the ea s and gi .e -then) respect. o family ar 1 e.::111y cool to watch cal. They c1Y4.' l'eiy C`.lcan ',Ind- it is amazing to see a cocats in tine eit1 . they cal. along side the cats. When we lead our sen,.csnll apartment we also had Raccoons, They dill their fond in the water anel meticulously wash and ea cry clears ilrte.[1iwN1t animals and we are so blessed to se thelll we know that. (iod tangy- loves them and helps us fed them 1hhen -they are hungry. i'he 01007. aecoon below is :;o exited about dinner she drags worry the warliole plate.! she stands up on her I,1_inci lc:gs and is very beautiful! . • Cop write to pioti3cu d 17 , ?1lll111tf' ,1nie' 2 (t 1O by (_beryl /h %y1"1to111o, Natures 1 lti a.lw i)t(11lr..> ..v. National ( it\'Copier `i1weee http://www.kittycatloveandlicks.org/kitty_cat_rescues.htm 11 /3 0/201. 0