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Ordinance No. 287 ORDINANCE NO. 287 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO HILLS, CALIFORNIA, AMENDING CHINO HILLS MUNICIPAL CODE CHAPTER 6.08 TO REQUIRE DOG MICROCHIP IDENTIFICATION TO OBTAIN A DOG LICENSE AND DETERMINING THAT THIS ORDINANCE IS EXEMPT FROM REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. THE CITY COUNCIL OF THE CITY OF CHINO HILLS DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The City Council does hereby make the following Findings of Fact: A. According to the American Veterinary Medical Association, studies show that microchips significantly increase the likelihood an animal will be returned to their owner. Dogs without microchips were returned to their owners 21.9% of the time, whereas microchipped dogs were returned to their owners 52.2% of the time. B. The Humane Society of the United States lists pet identification as the number one dog care essential to keep dogs safe and recommends microchip identification as a backup to ID tags and collars. C. In light of the City's goal to be a community that cares about animal welfare, the City Council finds that increasing the likelihood that a lost or stolen dog will be returned to their owner is necessary to promote animal welfare and foster a more humane environment within the Chino Hills community. D. Requiring microchip identification as a dog license requirement will ensure substantially more dogs are microchipped. E. The City Council finds and determines that this Ordinance is exempt from review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., "CEQA") and CEQA Guidelines (14 California Code of Regulations §§ 15000, et seq.) in that it is not a "project" for purposes of CEQA, as that term is defined by CEQA Guidelines § 15378 because this ordinance will not have a substantial adverse impact on the environment. Further, the project is exempt from the California Environmental Quality Act (CEQA) as the activity is covered by the general rule that CEQA applies only to project which have the potential for causing a significant effect on the environment, pursuant to Section 15061 of the California Code of Regulations and Guidelines. In addition to the foregoing general exemptions, the following categorical exemption applies: Sections 15308 (actions taken to assure protection of the environment) and 15321 (action by agency for enforcement of a law, general rule, standard, or objective administered or adopted by the agency). SECTION 2. Section 6.08.050 of the Chino Hills Municipal Code is amended to read as follows: 6.08.050. DOG LICENSES—APPLICATIONS—ISSUANCE—FORM A. The Enforcing Officer or an authorized representative shall issue the license required by Section 6.08.040, upon receipt of the following: 1. Written or electronic application giving the name and address of the owner of the dog and a brief description of the dog; 2. Required license fee; 3. An anti-rabies certificate; 4. Evidence satisfactory to the Enforcing Officer that the dog has complied with the requirements of Section 6.08.160 of this Chapter related to microchipping, either by having a microchip and a current address and phone number on file for that microchip or by meeting the requirements for an exemption as set forth therein; and B.The license shall certify the payment of the required fee, the date the anti- rabies vaccination was administered and the compliance with Section 6.08.160 microchipping requirement and set forth the name and address of the applicant, a brief description of the dog, and the number allotted to such dog; and C.Dogs trained and certified to lead the blind must still be licensed in accordance with the procedure outlined in this section but are exempt from paying the license fee. SECTION 3. Section 6.08.160 of the Chino Hills Municipal Code is amended to read as follows: Chapter 6.08.160. MANDATORY MICROCHIPPING OF DOGS A. All dogs over the age of four months must be implanted with an identifying microchip. The owner or custodian is required to provide the microchip number to the Animal Control Enforcement Agency, and shall notify the Animal Control Enforcement Agency of any change of ownership of the dog, or any change of address or telephone number. Compliance with this section is required to obtain a dog license required by CHMC section 6.08.040. B. Exemptions. The mandatory microchipping requirements shall not apply to any of the following: 1. A dog with a high likelihood of suffering serious bodily injury, if implanted with the microchip identification, due to the health conditions of the animal. The owner or custodian must obtain written confirmation of that fact from a California licensed Veterinarian. If the dog is able to be safely implanted with an identifying microchip at a later date, that date must be stated in the written confirmation. 2. A dog which would be impaired of its athletic ability or performance if implanted with the microchip identification. The owner or custodian must obtain written confirmation of that fact from a California licensed Veterinarian. If the dog is able to be safely implanted with an identifying microchip at a later date, that date must be stated in the written confirmation. C. When an impounded dog is without microchip identification, in addition to satisfying applicable requirements for the release of the animal, including but not limited to payment of impound fees pursuant to this Ordinance, the owner or custodian shall also do one of the following: 1. Have the dog implanted with an Animal Control Enforcement Agency microchip by an registered veterinarian technician or veterinarian or designated personnel at the expense of the owner or custodian. 2. At the discretion of the Animal Control Enforcement Agency, the dog may be released to the owner or custodian if he or she signs a statement under penalty of perjury, representing that the dog will be implanted with a microchip and that he or she will submit a statement within ten (10) days of the release, signed by a California licensed veterinarian, confirming that the dog has been so implanted and provide the microchip number to the Animal Control Enforcement Agency or allow the Animal Control Enforcement Agency to scan the dog for the microchip to verify. Failure to subsequently submit a signed statement by a California licensed veterinarian within (10) days of the release, confirming that the dog has been so implanted and provide the microchip number to the Animal Control Enforcement Agency or allow the Animal Control Enforcement Agency to scan the dog for the microchip to verify a microchip has been implanted, is a violation of this Code. D. Allocation of fees and fines collected. All costs, fees, and fines collected under this section shall be paid to the Animal Control Enforcement Agency for the purpose of defraying the cost of the implementation and enforcement of this program and for low cost microchipping programs administered by the Animal Control Enforcement Agency. SECTION 4. Upon the effective date of this Ordinance, the provisions hereof shall supersede any inconsistent or conflicting provisions of the San Bernardino County Code as the same were adopted by reference by City Ordinances Nos. 91-01 and 92- 02. SECTION 5. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portion thereof be declared invalid or unconstitutional. SECTION 6. The City Clerk shall certify as to the adoption of this Ordinance and shall cause a summary thereof to be published fifteen (15) days of the adoption and shall post a certified copy of this Ordinance, including the vote for and against the same, in the Office of the City Clerk, in accordance with Government Code Section 36933. SECTION 7. This Ordinance will take effect on the 30th day following its final passage and adoption. PASSED, APPROVED, AND ADOPTED thislith day of August 2015. CYNTHIA GRAN, MAYOR ATTEST: =e► CHERYL BALttITY CLARK APPROVED AS TO FORM: 46.10, MA''HENSLE, CITY ATTORNEYr� � � Page 4 of 5 STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO ) ss CITY OF CHINO HILLS I, CHERYL BALZ, City Clerk of the City of Chino Hills, DO HEREBY CERTIFY that Ordinance No. 287 was duly introduced at a regular meeting held July 14, 2015; and adopted at a regular meeting of the City Council held on the 11th day of August, 2015 by the following roll call vote, to wit: AYES: COUNCIL MEMBERS: MORAN, BENNETT, GRAHAM, MARQUEZ, AND ROGERS. NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE as es, CHERYL BALZ, CITY CLERK (SEAL) I hereby certify that the foregoing is the original of Ordinance No. 287 duly passed and adopted by the Chino Hills City Council at their regular meeting held on August 11, 2015, and that Summaries of the Ordinance were published on August 1, 2015 and August 15, 2015 in the Chino Hills Champion newspaper. t,'rjor " ' s CHERYL BALZ, CITY CLERK (SEAL) 5 of 5 AFFIDAVIT OF POSTING STATE OF CALIFORNIA CITY OF CHINO HILLS ) §. COUNTY OF SAN BERNARDINO ) Cheryl Balz, being first duly sworn, deposes and says: That she is the duly appointed and qualified City Clerk of the City of Chino Hills; That in compliance with the State laws of the State of California, a certified copy of the full text of proposed Ordinance No. 287, being: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO HILLS, CALIFORNIA, AMENDING CHINO HILLS MUNICIPAL CODE CHAPTER 6.08 TO REQUIRE DOG MICROCHIP IDENTIFICATION TO OBTAIN A DOG LICENSE AND DETERMINING THAT THIS ORDINANCE IS EXEMPT FROM REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT attached hereto and made a part hereof, was caused to be posted in the Office of the City Clerk. Dated this 11th day of August, 2015. ifirt att CHERYL BAtZ, CITVt(ERK (SEAL) PROOF OF PUBLICATION STATE OF CALIFORNIA County of San Bernardino I am citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled mat- ter. I am the principal clerk of the publisher of the CHINO CHAMPION, a newspaper of general circulation, print- ed and published weekly in the City of Chino, County of San Bernardino, and which newspaper has been adjudged a newspaper of general circulation by the Su- perior Court of the County of San Bernardino, State of California, under the date of August 5, 1952, Case Number 73453; that the notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: August 15 all in the year 2015 I certifiy (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Chino, California, this 15th day of August /I Signature Lynn Conner AUG 19 2015 ChampMW ion Serving the Chino Valley and Chino Hills 9th & D Streets - P.O. Box 607 Chino, California 91708 Phone: (909) 628-5501 Adjudicated August 5, 1952 Case No. 73453 This space is for the County Clerk's Filing Stamp Public Notice - Chinn Hillis PUBLIC NOTICE OF ADOPTION OF CITY OF CHINO HILLS ORDINANCE NO. 287 NOTICE IS HEREBY GIVEN that on August 11, 2015, the City Council of the City of Chino Hills adopted Ordinance No. 287 entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO HILLS, CALIFORNIA, AMENDING CHINO HILLS MUNICIPAL CODE CHAPTER 6.08 TO REQUIRE DOG MICROCHIP IDENTIFICATION TO OBTAIN A DOG LICENSE AND DETERMINING THAT THIS ORDINANCE 1S EXEMPT FROM REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT The Ordinance amends Chapter 6.08.050, Dog Licenses Applications Issuance Form and Chapter 6.08.160, Mandatory Microchipping of Dogs, to mandate all dogs over four months must be implanted with an identifying microchip as a condition of dog licensing, with certain exceptions, Ordinance No. 287 was adopted by the City Council by the following vote: Ayes: Moran, Bennett, Graham, Marquez, Rogers Noes: None A certified copy of the full text of Ordinance No. 287 is available for review in the office of the City Clerk, City of Chino Hills, 14000 City Center Drive, Chino Hills. DATED: August 12, 2015 s/CHERYL BALZ, CITY CLERK PUBLISH: Chino Hills Champ€on August 15, 2015 681-15