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Home My WebLink About1986-09-08; Traffic Safety Commission; ; Recommend discussion of an Ordinance relating to transportation of animals in motor vehiclesCITY OF CARLSBAD TRAFFIC SAFET~ COMMISSION COMMISSION REPORT OF: September B, 1986 LOCATION: Citywide INITIATED BY: City Manager PROBLEM AS STATED BY REQUESTOR: ITEiM NO.D-6 Animals transported loose in the back of a truck can be injured or killed by a sudden stop, bump or sharp turn of the vehicle they are riding in. Drivers following the vehicle transporting the animal, may swerve to avoid the animal that has fallen or jumped from the vehicle, possibly resulting in an accident. BACKGROUND: The County of San Diego has approved an ordinance relating to the transportation of animals in motor vehicles and the leaving of animals in unattended vehicles (copy attached). Supervisor Golding is asking all cities in the County to adopt a similar ordinance. Staff believes the request has merit not only for the safety and well-being of the animal, but also as a mitigation to a possible accident, even though statistics aren't available as to the number of accidents caused by jumping or falling animals. One suggestion would be to have the ordinance state that the restraining devices not allow the animal to fall or be thrown from the cargo area of the vehicle and not just the motor vehicle itself. RECOMMENDATION: Recommend to the Traffic Safety Council review and discuss the ordinance similar to the County of Ordinance itself. NECESSARY COUNCIL ACTION: Commission ordinance San Diego that the City and adopt an or the County An ordinance will be required for Council action to implement the recommendations in the County Ordinance. ._, SUSAN GOLDING ■UP[IIVISOII, THIIIO Dl■TIIICT ■AN Ol[QO COUNTY ■OAIIIO 0111' ■UPUIVISOIII■ July 15, 1986 The Honorable Mary H. Casler, Mayor city of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 Dear Mary: As you know, when an animal is loose in the back of a truck, any sudden stop, bump, or sharp turn could injure or throw an innocent animal out of a moving. truck. A driver following may swerve to avoid hitting a falling or jumping animal only to cause an accident with another vehicle. People and pets could be injured or killed. several counties and cities have already enacted an ordinance prohibiting the transportation of animals in motor vehicles unless the animal is fully enclosed within the vehicle or is protected by a cage, harness, cross-tether, or other device which will prevent the animal from falling or jumping from the vehicle. On Tuesday the 8th, the Board approved my proposal for County counsel to draft such an ordinance; draft a State Legislative proposal to apply the same· on freeways and highways; and to report on the findings and conclusions of the 1985 C.H.P. Report. The matter will come before the Board on Tuesday, July 29th for a decision. The San Diego Humane ordinance and urging action. Your quick prevent further damage SG:js Society is actively supporting such an all cities in San Diego County to take actions on this matter will hopefully and injury to our animals. SUSAN GOLDING Supervisor, District 3 COUNTT ADNINl■TIIATION C•NTSII 1100 PACIPIC H1aN•Y • IIIOON aa11 ••• 0,.00. CALIPOJINIA •2101 (fllUU aae-a:a:71 I -•,:-: .. -~~~~:#:~~~ Friday, August 8th Dear Mike: Thanks for the call. JOHN SEYMOUR Administrative Assistant Supervisor Susan Golding tRECEIVE1 CITY OF CARlS!lA.O ENGINEERlt!G DEPAltiM I've attached for you the information you might find interesting. Again, the Board approved Supervisor Golding's proposal last Tuesday and it will go into effect in the unincorporated areas of the County.in less than 30 days. Enforced by the Sheriff. Violation will result in an infraction with the 1st offense not to exceed $50, 2nd offense not to exceed $100, and 3rd offense not to exceed $250.00 Supervisor Golding is looking for all cities within the County to pass the same or very similar ordinance Also, a State Legislative proposal has been drafted which applies the same to highways and freeways. Lee me k~:_y be of furcher aasisCance. ( ( l. SUBJECT: SUPV DIST: COUNTY OF SAN Dl~GO CHIEF ADMINISTRATIVE OFFICE 1600 PACIFIC HIGHWAY • SAN DIEGO. CALIFORNIA 92101 TELEPHONE (619) 236•2722 AGENDA ITEM Transportation of Animals in Vehicles. Animals in Unattended Vehicles. J All SUMMARY OF REQUEST: :3 ■OA"D Of' SUPE,.VtSOIIIS ■ll'IAN P'. ■IL■"AY r1••• •••Y•tc'I' GIEO"GC fl. ■AILEY ••c••• ••••••c• SUSAN GOLDING T•t•■ ■l■T ■ ICT LEON L, WILLIAMS rou••• ■o■T ■IC'I' P'AUL EC:KE"T .. , ...... Dl ■'l'■IC'r On July B, 1986 (#Bl, your Board directed County Counsel to craft an ordinance prohibiting the transportation of an animal in a motor vehicle unless the animal is fully enclosed within the vehicle or protected by a cage, harness, or other device. You also directed County Counsel to draft an ordinance which would prohibit a person from leaving an animal in an unattended vehicle without adequate ventilation or in such a manner as to subject the animal to extreme temperatures which would adversely affect the animal's health or welfare. The proposed ordinance is attached. COUNTY_ COUNSEL RECOHHENDAT I ON: If your Board deems it appropriate: l• Adopt the attached ordinance prohibiting the transportation of animals in a 110tor vehicle unless the animal is fully enclosed within the vehicle or protected by a cage, cross-tether, harness, or other device, and prohibiting a person from leaving an animal in an unattended vehicle without adequate ventilation or in such a manner as to subject the animal to extreme t~atures which would be hannful to the animal. ( on Aug. S, 1986 ·2. Read title and waive further reading of ordinance (unanil!Ous vote) • .!IN ORDINANCE J\DDING CllAl'TER 7 'IO DIVISION 2 OF TITLE 6 (CCM-lENCING WITH SECTION 62.700) OF THE COONTY CODE OF REGULATORY ORDIWIN:ES REIATING TO THE TRt\NSPORl'ATION OF 1\NlMALS IN MOI'OR VEHICLES AND THE LEAV!NG OF 1\NIMl\LS m UNl\l'!'ENDED VEHICLES. FUNDING SOURCES: CURRENT VEAR COST: N/A ANNUAL COST: BUDGETED: OVES ONO WILL PROPOSAL REQUIRE ADDITIONAL PERSONNEL? NO O IF YES. STATE NUMBER ....... PERMANENT ....... TEMPORARY ....... OTHER ...... . BOARD P0LICVIIES) APPLICABLE: N/A PREVIOUS RELEVANT BOARD ACTION: prepared together with report 4 VOTES REQUIRED O ves [XN0 7 / 8 /86 ( i 8 l Directed Ordinance & Legislation be on Statewide incidence. DEPARTMENT: County Counsel • ' ORDINANCE NO. 7177 (NEW SERIES) AN ORDINANCE ADDING CHAP~ER-7 TO DIVISION 2·OF TITLE 6 (COMMENCING WITH SECTION 62.700) OF THE COUNTY CODE OF REGULATORY ORDINANCES RELATING TO THE TRANSPORTATION OF ANIMALS IN MOTOR VEHICLES AND THE LEAVING OF ANIMALS IN UNATTENDED VEHICLES The Board of Superyisors of the County of San Diego ordains as follows: Section l. Chapter 7 is hereby added to Division 2 of Title 6 of the San Diego County Code of Regulatory Ordinances to read as follows: CHAPTER 7 ANIMALS IN VEHICLES Sec. 62.700. TRANSPORTATION OF ANIMALS. No person shall transport or carry, on any public highway or pubiic roadway, any animal in a motor vehicle unless the animal is safely enclosed within the vehicle or protected by a cab or container, secured cage, .eross-tethe.r, ·harness or other device that will prevent the animal from falling from, being thrown from, or jumping from, the motor vehicle. sec. 62.701. ANIMALS IN UNATTENDED VEHICLES. No person shall leave an animal in any unattended vehicle without adequate ventilation or in such a manner as to subject the animal to extreme temperatures which adversely affect the animal's health or welfare. I • 8/5/86 (43) r1:;·r ::·.:~:: : 3 'iU r j!,::: ,·.=:) LfG:\i.lil CO!}ff:"'l ~:: .. !·~~:L BY~~- I SUBJECT: SUPV DIST: \ COUNTY OF SAN DIEGO CHIEF ADMINISTRATIVE OFFICE 1600 PACIFIC HIGHWAY• SAN OIEGO, CALIFORNIA 92101 TELEPHONE (619) Z36•Z7ZZ , . AGENDA ITEM Transportation of animals in venicles. Animals in unattended vehicles. Three ELECTED OFFICIALS SUMMARY OF REQUEST: ■OA,.D OP' SUPE .. v1s1: ■fllAN P'. ■IL■fllAY Pt••T ·••TIUCT GIEO,.GIE P'. ■AILEY S ■COND DIS....,ICT SUSAN GOI.DING T•I•· ■1•T•1CT LEON '-WILLIAMS rou■TN ., .... ICT P'AUI.. IECMl:fllT "''"'"''" DIST1UCT Direct County Counsel to draft ordinance prohibiting the transportation of animals in a motor vehicle unless the animal is fully enclosed within the vehicle or is protected by a cage, harness, or other device. Also, direct County counsel to draft ordinance which would prohibit a person from leavi: an animal in an unattended vehicle without adequate ventilation or in such manner as to subject the animal to extreme temperatures which would advers affect the animal's-health or welfare. Return for Board approval in 14 da (See attached draft ordinances) 7/)7/f'{ ELECTED OFFICIAL'S RECOMMENDATION: See above • CHIEF ADMINISTRATIVE OFFICER'S RECOMMENDATION/REPORT: 1) Cbn= with the above .recamendations; 2) Dire~. ~ty Cb~el tc? draft a State Legislative proposal., which applies the saire prohibitions contained in these local ordinances to State highways and freeways; and, 3) Direct staff to .repo~ on findinqs and o:inclusions of the Cal.ifornia Highway Patrol's 1985 study on the subJect of "Traffic Accidents Caused by Animals Falling or Jl.ll!Pi.ng fra:i M:ltor Vehicles". FUNDING SOURCES: CURRENT YEAR COST: N/A ANNUAL COSl'.: BUDGETED: □YES ONO WILL PROPOSAL REQUIRE ADDITIONAL PERSONNEL? NO O IF YES. STATE NUMBER ....•.• PERMANENT ....... TEMPORARY .•..... O.THER ...... . BOARD POLICY(IESl APPLICABLE: N/A PREVIOUS RELEVANT BOARD ACTION: I I 4 VOTES REQUIRED O YES ~ NO SUBJECT: BACKGROUND INFORMATION: BOARD OF SUPERVISORS INFORMATION DEVELOPMENT FORM Several counties and cities have already enacted an ordinance prohibiting the transportation of animals in a motor vehicle unless the animal is fully enclosed within the vehicle or is protected by a cage, harness, or other device which will prevent the animal from falling or jumping from the vehicle. When animals arc loose in the backs of trucks, any sudden stop, bump or sharp turn could injure or throw an innocent animal out of a moving truck. A driver following may swerve to avoid hitting a falling or jumping animal only to cause an accident with another vehicle. • In an effort to ensure greater safety on our streets and roads, I am asking the Board to enact an ordinance drafted by County Counsel for the protection of both pets and people. The San Diego Humane Society is actively supporting such an ordinance and urging all jurisdictions within the county to take action. County Counsel should draft a local ordinance which would prohibit a person from leaving an animal in an unattended vehicle without adequate ventilation or in such a manner as to subject the animal to extreme temperatures which would adversely affect the animal's health or welfare. There arc state laws under 597a and 597t of the Penal Code which refer in a general way to the matter, but a more specific and restrictive ordinance is needed. I have attached a draft ordinance prohibiting the transportation of animals in a motor vehicle unless the animal is fully enclosed within the vehicle or is protected by a cage, harness, or other ·device. Also attached is a draft ordinance which would prohibit leaving animals in unattended vehicles with poor ventilation, and a list of counties and cities which have already passed similar ordinances. Our quick action on this matter will hopefully prevent further damage and injury to animals. □ ORDINANCE □ RESOLUTION CITIZENS COMMITTEE STATEMENT O YES NO 0 AGREEMENT/CONTRACT NO. CIVIL SERVICE APPROVAL NEEDED 0 YES N< APPROVED BY COUNTY COUNSEL AS TO LEGALITY O YES 0 STANDARD FORM CONTRACT REVIEW PANEL ACTION 0 APPROVED O DISAPPROVED □ NOT APPLICABLE AUDITOR APPROVAL NEEDED O YES •initials Q9 NO FIN. MGT. APPRO -,-,,:_.,.,.,, r:.c;nn 6 KCST-TV e330 E!"JQine-:,-i<c. Son Diego, CA 92111-2493 (619)279- Tlm Chelll~ Editoricl DirE DOGS IN PICKU? nucxs Today, the San Diego County E=ne Soc~ety is beginning a campaigr. to push for lc::al ordi- nances to resolve a rec=r::...::.g prcble~- The humane society would l'~e to see :a~s passed which ban dogs from the back o= pickup t=-~cks and other open vehicles. C~gs and ot:::er pets are extremely vulnerable wee= rid~g ~ ~e back of open trucks-They ca:. be easily thrown onto the highway. The proposed ordinance would allow pets t~ ride in the back of pickups c::.ly if e=:::::sed or restrained_ 39 Alive calls for passage cf t.:iese o=::.:.=a:ices on the local level to help protect pets :.;i vehicles_ I'm Bill Fox. We welcome ye= views. Broadcast over KCST-TV by Bill Fox, V.?. & ( a. No person shall transport or carry on any public highway or public roadway any dog in a motor vehicle, unless tr.e dog is safely enclosed within the vehicle or protected by a cap or container, secured cage, cross-tether or othe= device which will prevent the dog from falling from, bei~g thrown from, or jumping from the motor vehicle. As used herein, "~~tor vehicle" includes any trailer. b. No person shall leave a dog or other animal in an una•,:::.e.::ce-.=: motor vehicle without adequate ventilation or in sue~ a~=- ner as to subject the animal to extreme temperatures ~~ich adversely affect the animal's health or welfare.* *The San Diego Humane Society realizes there are state :a~s under 597a-and 597t of the Penal Code which refer in a ge.::eral way to the problem of animals left in unattended r.otor ver.~=les. However, we believe a more specific ordinance is r.eece.:: === the protection of animals. IHE SAME (OR VERY SIMILAR) LEGISLAIION HAS BEEN PASSED BY: Alameda County Contra Costa County Humboldt County l!!arin County Monterey County Orange County San Francisco City & County San Mateo County San~a Cruz County City of Eureka City of Pasadena 4 / CALIFORNIA ORDINANCES RELATING TO ANIMALS AND VEHICLES (page 2) Section 1. Part II, Chapter V of the San Francisco Municipal Code (Health Code): Section 40.5. PROTECTION FOR DOGS IN MOTOR VEHICLES. It shall be uulavful to transport a dog in a motor vehicle upon any street within the City and County of San Francisco unless the dog is fully enclosed vithin the motor vehicle or is portected by a cap. cage, container or other device that will• prevent the dog from falling, jumping or being throvn from the motor vehicle. Eureka Municipal Bill No. 455 -C.S. Ordinance No. 418 -C.S. Section 5-1.314. is added to Title 2, Chapter 1, Article 3. Animals and Vehicles. (a) No person shall transport or carry, on any public highvay or public roadway, any dog in a motor vehicle unless the animal is safely enclosed vithin the vehicle or protected by a cab or container, cage or other device that vill prevent the dog· from falling from, being throvn from, or jumping from, the motor vehicle. (b) No person shall leave a dog or any other animal in any unattended vehicle vi~hout adequate ventilation or in such a manner as to subject the animal to excreme temperatures which adversely affect 'the animal's health or welfare. CALIFORNIA ORDINANCES RELATING TO ANIMALS AND VEHICLES ounty of Alameda Ordinance Code No. 0-84-53 Section 3-48.7. ANIMALS IN VEHICLES. a. No person, other than an individual actually working a dog for ranching purposes, shall transport ~r carry on any public highway or public roadway, any dog in a motor vehicle unless the dog is safely enclosed within the vehicle or protected by a cap or container, cage, cross-tether or other device to prevent the dog from falling from, being thrown from, or jumping from, the motor vehicle. As used herein, "motor vehicle" includes a trailer. b. No person shall leave a 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 which adversely affect the animal's health. Contra Costa County Ordinance No. 80-97 Section 416-4.402 (e, l & 2) Animals in Vehicles. (1) A dog or any other animal in or upon a vehicle is deemed to be upon the property of the operator of such vehicle. No dog or any other animal shall be transported on any public thoroughfare in any vehicle unless such dog or animal is totally enclose within such vehicle, within a secured container carried upon such vehicle, or se- curely cross-tethered to such vehicle in such a way as to prevent a falling out of or off such vehicle, and to prevent injury_ to. the animal. (2) No dog or any other animal shall be left completely enclosed in a parked vehicle wichout adequate ventilation, or in such a way as to subject the animal to tempera- atures sufficiently above ambient to affect the animal's health and welfare. Marin County Ordinance No. 2799 Section 8 04.252 Animals and Vehicles. (a) No person, other than an individual actually working a dog for ranching purposes, shall transport or carry, on any public highway or public roadway, any dog in a motor vehicle unless the animal is safely enclosed within the vehicle or protected by a cap or container, cage or other device that will prevent the dog from falling from, being thrown from, or jumping from, the motor vehicle. (b) No person shall leave a dog or any other animal in an unattended vehicle without adequate ventilation or in such a manner as to subject the animal to extreme tem- peratures which adversely affect the animal's health or welfare. The City of San Diego .3 . MANAGER~S . -~ REPORT~,~ '~~j . c:,.,: '.· DATE ISSUED: July 11, 1986 REPORT NO. 06-336 ATTENTION: SUBJECT: REFERENCE: SUMMARY Public Services & Safety Committee, Agenda of July 16, 1986 Restraint of Animals in Open Vehicles; Confinement of Animals in Unattended Vehicles Referral from Public Services & Safety Committee, June 18, 1986 (Communication) Issue -Should the City Council adopt ordinances that would 1) prohibit the transportation of unrestrained animals in open motor vehicles and 2) prohibit the practice of leaving animals in unattended motor vehicles .where the animals are likely to be endangered due to heat and inadequate ventilation? .-, Manager's Recommendations -1) Indicate that the City Council's preference would be enactment of statewide legislation to prohibit both the practice of carrying unrestrained animals in open vehicles and leaving animals in unattended vehicles in potentially hazardous situations; and 2) direct the City Manager to explore the· possibility of securing passage of countywide legislation to accomplish both objectives by working with the County and the other incorporated cities, with a report back to the Public Services & Safety Committee after initial discussions have been held and after the Board of Supervisors has acted. Other Recommendations -The San Di ego .Humane Society recommends adoption of local ordinances, apparently since the Legislature so far has declined to more specifically outlaw the practice of carrying unrestrained animals in open vehicles and the·leaving of animals in unattended vehicles in a potentially inhumane manner. Fiscal Impact -Adoption of a local ordinance would not have a foreseeable fiscal impact. DISCUSSION The San Diego Humane Society has-for some time sought a prohibition on the transportation of unrestrained animals in open motor vehicles first, to discourage people from exposing the animals to the.danger of falling, jumping, or being dislodged so that they wind up in the roadway, and second, in an effort to prevent these animals from contributing to motor vehicle accidents that can be caused by drivers swerving to avoid hitting the animals. The l .3 - 2 - ' major thrust of this effort is 1n relation to the transportation of dogs in flatbed trucks and open trucks, but the language could be written to include similar practices involving other types of animals and other types of vehicles. The Humane Society also is proposing local ordinances to prohibit peoP,le from leaving dogs --and other small domestic animals --in unattended vehicles where they can be subject to heat exhaustion because of the buildup of heat and insufficient ventilation. UNRESTRAINED ANIMALS The City Manager, based in part on the advice of the Police Department, the County Department of Animal Control and the City Attorney, has taken the posi- tion in the past that a prohibition of this nature most properly belongs in the California Vehicle Code, since it pertains to the operation of motor vehicles and since the vehicles regularly travel on the streets, highways and freeways among various jurisdictions. A second option would be to have such a prohibi- tion included within the California Penal Code, in which Section 597 and its various subsections define and proscribe cruel and inhumane treatment of animals. In either case, enactment of a statewide law would simplify both enforcement and public understanding of what the law requires, rather than have requirements that would possibly vary from one adjacent local jurisdiction to another so that neither the public nor the California Highway Patrol would be able to remember, for example, which of the county's 18 incorporated cities plus the unincorporated county territory had enacted such a regulation and, in addition, what the specific requirements were, since they could be worded differently. Also, motorists from outside San Diego County would have little opportunity to ascer- tain what local laws they would be required to observe. This is precisely the reason for having uniform statewide motor vehicle laws. Understandably, the Humane Society urges local enactment for the reason that the legislature has to date elected not to enact a specific prohibition. An argument can be made that sections of either the Vehicle Code or the Penal Code could be used in specific flagrant cases to cite persons who permit animals to fall or escape from vehicles into the roadway, either under the theory that the driver was carrying a "load" that was not properly secured (Vehicle Code Section 23114), or that the act constituted a violation of Penal Code Section 597(a), which mentions transporting a domestic animal in a cruel or inhumane manner. However, a bill was introduced in 1982 to amend the Vehicle Code, and it had a llcurious legislative history. First it was amended to include children, requir- "{ ing that they be suitably restrained; then the animal reference was amended out of the bill and it was adopted to apply to children only. The Legislature requested the California Highway Patrol to do a study to determine the inci- dence of dogs jumping or falling-from pickup trucks and to report back. The CHP reported that it could find no concrete evidence of a significant problem, apparently in part because although there are many· accidents involving dogs, there is no reliable information available on how many of the dogs fell from - 3 - trucks, how many were released, how many were strays, etc., and the records compiled by ~he many local agencies, including the City of San Diego, do not consistently contain such infonnation either, nor is there any way to measure, of course, the number of dogs that fall or jump from moving vehicles, in many cases causing drivers to swerve dangerously to avoid them. We still believe, however, that the City and the County should work together and with other local agencies to encourage reconsideration by the Legislature on this matter toward enactment of a statewide regulation. The County Board of Supervisors presently has under consideration ordinances that would pro- hibit carrying unrestrained animals in open vehicles and leaving animals in closed-up vehicles in the heat. If the Board of Supervisors decides to act positively on these proposals, the Manager recommends that the City work with the County and the other county cities to detennine the possibility of achieving unifonn countywide local regulations. The Police Department does not believe the California Highway Patrol would be aggressive in enforcement of varying city-by-city ordinances relating to animals in transit but would be of more assistance if the rules throughout the county were unifonn. Most freeway traffic law enforcement is carried out by CHP officers. The Police Department advised this office that telephone calls to other California cities and counties that have enacted prohibitions on carry- ing unrestrained animals suggests that CHP policy is not unifonn on this subject. ANIMALS LEFT IN VEHICLES The Humane Society also recommended local regulations prohibiting leaving dogs and other small domestic animals in parked vehicles where they can be stricken by a combination of heat and lack of ventilation. The City Manager's office is in agreement that a specific regulation in this area would be desirable, even though the City Attorney believes that Penal . Code Section 597(a) can effectively be used for enforcement, at least in cases where the animal was put in serious danger. Nevertheless, humane officers, the Police Department and Animal Control officers often have to respond to cal ls reporting dogs overcome by heat and lack of ventilation in parked cars, especially, of course, when the cars are parked in direct sunlight and in hot and humid weather. Dogs "ventilate" or respirate differently from human beings. The temperature inside a closed vehicle left in the sun in the summer can quickly reach and surpass 100 degrees, and dogs especially are quite susceptible to heat exhaustion and heat stroke in this situation, according to Animal Control and humane officials. The City Manager would recommend that the same approach be taken in this case. We have been advised that this proposal also will be before the Board of Super- visors for action soon, and the Manager recommends that the City work with the County and the other cities toward possible adoption of unifonn countywide regulations. -4 - Animal Control and Humane Society officials agree that although Penal Code Sec- tion 597(a) can be used in these cases, at least where the danger is severe, a more specific reference to the practice of leaving animals in hot, unventilated vehicles would help the public understand the regulation and would help promote humane treatment of animals. ALTERNATIVES 1. Act independently of the other agencies and enact legislation covering one or both issues. 2. Continue to support adoption of legislation of these types at the statewide level only. Respectfully submitted, HN CKWOOO Assistant City Manager STORY