Honorable Mayor and Members of the Hermosa Beach City Council
Regular Meeting of October 26, 2021
Title
AN ORDINANCE AMENDING CITY OF HERMOSA BEACH
MUNICIPAL CODE SECTIONS 12.20.020, 12.28.010, AND 6.08.020
WHICH PERTAIN TO ANIMALS BEING MAINTAINED AND
UNLEASHED IN AREAS WITHIN THE CITY SUBJECTING
VIOLATIONS TO AN ADMINISTRATIVE PENALTY AND
AMENDING SECTION 1.10.040 TO SET PENALTIES ACCORDINGLY;
AND A RESOLUTION TO AMEND THE CITY’S MASTER FEE
RESOLUTION TO ESTABLISH AN ADMINISTRATIVE
PENALTY AMOUNT FOR VIOLATING THE
FOREGOING HBMC SECTIONS
(City Attorney Michael Jenkins)
Recommended Action:
Recommendation
Staff recommends City Council:
1. Introduce and waive first reading of an ordinance titled, “An Ordinance of the City of Hermosa Beach, California, Amending Municipal Code Sections 12.20.020 and 12.28.010 of Title 12 (Streets, Sidewalks, and Public Places) and Section 6.08.020 of Title 6 (Animals), which Pertain to Animals Being Maintained and Unleashed within the City, Subjecting Violations to an Administrative Penalty and Amending Section 1.10.040 of Title 1 (General Provisions) to Set Penalties Accordingly”; and
2. Adopt a resolution titled, “A Resolution of the City Council of the City of Hermosa Beach, California Amending Resolution No. 16-7045 (Master Fee Resolution) to Establish an Administrative Penalty Amount for Violating Sections 12.20.020 and 12.28.010 of Title 12 (Streets, Sidewalks, and Public Places) and Section 6.08.020 of Title 6 (Animals), which Pertain to Animals Being Maintained and Unleashed in Areas Within the City.”
Body
Executive Summary:
The City of Hermosa Beach Municipal Code currently prohibits animals, including dogs, on the beach, in Sea View (19th and Prospect) and Fort Lots-o-Fun (6th and Prospect) parks, on school grounds and in restaurants and markets, and further requires that dogs be leashed in other public spaces. Violation of these provisions is currently an infraction. The City Council will consider adopting an ordinance that updates the language in these provisions and changes the penalty for violation to an administrative penalty pursuant to Chapter 1.10 of the City’s Municipal Code and the Council will also consider a resolution to amend the City’s Master Fee Resolution to establish an administrative penalty amount of $250 for violating these provisions.
Background:
The City of Hermosa Beach Municipal Code (“HBMC”) provides as follows:
• Section 12.20.050 prohibits animals on the beach;
• Paragraphs (U) and (V) of section 12.28.010 prohibits animals in Sea View (19th and Prospect) and Fort Lots-o-Fun (6th and Prospect) parks, and on active school grounds;
• Paragraph (A) of section 12.28.010 requires that dogs be leashed in other City parks; and
• Section 6.08.020 prohibits dogs in specified public places and otherwise requires that dogs be leashed when in public spaces.
A violation of these HBMC sections are currently subject to an infraction. The proposed ordinance amends the foregoing sections to make a violation of these sections subject to an administrative penalty pursuant to Chapter 1.10 of the City’s Municipal Code and amends Section 1.10.040 “Code Violations” to add the above enumerated sections to the list of provisions that are subject to the City’s administrative penalty procedures. This is consistent with State policy that encourages less serious Municipal Code violations to be decriminalized, streamlines enforcement and results in a positive financial impact for the City, as the fines are not shared with the courts.
The proposed decriminalization of the above enumerated violations is consistent with HBMC section 17.32.050 “Presence of dogs restricted,” which requires dogs to be leashed on the Greenbelt, subject to an administrative penalty, thereby creating consistency across the Code.
The proposed ordinance further amends the HBMC to exempt “service animals” (as defined in the Ordinance) from the prohibition of animals in specified areas. Finally, the ordinance updates and modernizes the language in the enumerated sections.
The proposed resolution amends the City’s Master Fee Resolution-Resolution No. 16-7045-to establish the administrative penalty amount of two hundred and fifty dollars ($250.00) for violating each of the above enumerated sections, regardless of how many times a person violates these provisions within a twelve-month period.
Fiscal Impact:
This action would generate some revenue as penalties are assessed to violators; however, the main objective of the administrative penalties is to encourage compliance, not to generate revenue. No estimate of the potential revenue has been undertaken at this point. Any revenue associated with the administrative penalties will be estimated once staff is able to determine the number of administrative penalties.
Attachments:
1. An Ordinance of the City of Hermosa Beach, California, Amending Municipal Code Sections 12.20.020 and 12.28.010 of Title 12 (Streets, Sidewalks, and Public Places) and Section 6.08.020 of Title 6 (Animals), which Pertain to Animals Being Maintained and Unleashed within the City, Subjecting Violations to an Administrative Penalty and Amending Section 1.10.040 of Title 1 (General Provisions) to Set Penalties Accordingly.
2. A Resolution of the City Council of the City of Hermosa Beach, California Amending Resolution No. 16-7045 (Master Fee Resolution) to Establish an Administrative Penalty Amount for Violating Sections 12.20.020 and 12.28.010 of Title 12 (Streets, Sidewalks, and Public Places) and Section 6.08.020 of Title 6 (Animals), which Pertain to Animals Being Maintained and Unleashed in Areas Within the City.
Respectfully Submitted by: Michael Jenkins, City Attorney
Noted for Fiscal Impact: Viki Copeland, Finance Director
Legal Review: Mike Jenkins, City Attorney
Approved: Suja Lowenthal, City Manager