HomeMy WebLinkAboutStaff Report 161-05TO:
FROM:
DATE:
SUBJECT:
City of Palo Alto
City Manager's Report
HONORABLE CITY COUNCIL
CITY MANAGER DEPARTMENT: POLICE
MARCH 7, 2005 CMR:161:05
APPROVAL OF ORDINANCE OF THE COUNCIL OF THE CITY OF
PALO ALTO ADDING SECTION 6.20.055, "ANIMALS IN VEHICLES,"
TO THE PALO AL TO MUNICIPAL CODE PROHIBITING THE
CONFINEMENT OF ANIMALS IN ENCLOSED VEHICLES WITHOUT
ADEQUATE VENTILATION DURING PERIODS OF EXTREME
TEMPERATURES
RECOMMENDATIONS
Staff recommends that the City Council approve the attached ordinance adding Section 6.20.055,
"Animals in Vehicles," to the Palo Alto Municipal Code. The ordinance will prohibit owners from
leaving animals unattended in motor vehicles in conditions of inadequate ventilation or extreme
temperatures that may adversely affect the health or well being ofthe animal.
BACKGROUND
Currently animal owners of dogs. and other pets who leave their animals in improperly ventilated cars
during hot weather may be cited under California State Penal Code Section 597, Crimes Against
Animals. Section 597 makes it a crime to "maliciously and intentiomi.lly torture, maim, and mutilate"
animals, and Section 497(a) makes carrying an animal in a vehicle "in any cruel or inhuman manner: or
in a way that subjects the animal to unnecessary suffering a misdemeanor. Because these sections do .
not directly address the health threat created by exposing animals to extreme temperatures, convictions
of people who unintentionally subject their animals to heat related illnesses or even death by leaving
their dogs in cars for long periods oftime during extremely hot weather are extremely difficult to obtain.
As a result, staff is requesting that the City Council amend the Municipal Code to add a specific code
section that deals with this frequent situation. .
DISCUSSION
Every year, nationwide, dozens of dogs die tragically due to hyperthermia (heat stroke) after
being left unattended in cars, trucks and vans. It does not take an extremely hot day to produce
CMR:161:05 Page 1 of3
3
unsafe temperatures inside a vehicle. Research has shown that when temperatures exceed 800p
(26.7C) potentially lethal temperatures of 105°p can occur in inadequately ventilated vehicles in
less than 20 minutes and when temperatures exceed 88°P, lethal temperatures can be reached in
ten minutes or less.
During the warm weather months, Palo Alto Animal Services frequently receives complaints of
unattended dogs in hot cars. As an example, last calendar year, Animal Control Officers (ACO)
responded to 19 such calls. Using a long oven thermometer, the ACO will attempt to gauge the internal
temperature of the vehicle, as well as assess the general health of the animal by looking through the
window. Ifthe officer decides that the animal is in danger, he/she will attempt to locate the owner, but
if there is immediate danger, will forcibly open the car to remove the animal and assess whether or not
the animal requires emergency veterinary care.
Owners of these animals usually do not intend to ·place their pet at risk and do not understand how
quickly the internal temperature of an enclosed vehicle can rise. However, the owner is responsible for
well being and safety oftheir animal. Animal owners should follow the same rules ofthumb as parents
of young children and not leave them unattended in enclosed vehicles.
Because there is not a specific Penal Code section that deals with this type of neglect of animals, some
cities have adopted similar ordinances to address this situation. Staffbelieves that this ordinance would
assist ACOs in protecting the health and welfare of a large number of animals.
RESOURCE IMPACT
The City of Palo Alto City Attorney's office will file complaints regarding any violations of this new
Municipal Code. This represents a workload increase as previous complaints were filed by the Santa
Clara County District Attorney's office.
POLICY IMPLICATIONS
This recommendation does not represent any change to existing City policies.
ENVIRONMENTAL ASSESSMENT
An Environmental Assessment is not required for this project as it is exempt from the California
Environmental Quality Act.
CMR:161:05 Page 2 of3
ATTACHMENTS
Ordinance
PREP ARED BY:
Superintendent, Animal Services
DEP ARTMENT HEAD:
L
Police Chief
CITY MANAGER APPROVAL:
Assistant City Manager
CMR:161:05 Page 3 of3
NOT YET APPROVED
ORDINANCE NO.
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ADDING SECTION
6.20.055 TO THE PALO ALTO MUNICIPAL CODE
The City Council of the City of Palo Alto does ORDAIN as
follows:
SECTION 1. The Council hereby finds that the following
addition to Chapter 6.20 of the Palo Alto Municipal Code (Care
and Keeping of Animals) is in the ~nterest of public health,
safety and welfare.
SECTION 2. Section 6.20.055 of Chapter 6.20 of Title 6
(Animals) of the Palo Alto Municipal Code is hereby added to
read as follows:
Animals in Vehicles
(a) It is unlawful for any person to 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.
(b) In the event that any animal is confined in a vehicle
in violation of section (a), or in a manner giving an
animal control officer or police officer reasonable cause
to believe that the animal is confined in violation of
section (a), the officer shall have the powerc to enter the
vehicle to release the animal. The City shall not be
liable for any damages resulting from the use of such
reasonable force.
(c) Violation of this section shall be a misdemeanor.
SECTION 3. The City Council finds that this ordinance
is exempt from the requirements of the California Environmental
Quality Act ("CEQA") because it can be seen with certainty that
there is no possibility that this project will have a
significant effect on the environment.
SECTION 4. This Ordinance shall be effective on the
thirty-first day after the date of its adoption.
INTRODUCED AND PASSED:
1
NOT YET APPROVED
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST;
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
City Attorney City Manager
Director of
2