Owners of aggressive animals who don’t take action to control their pets could be deemed “irresponsible animal owners” under an updated animal control ordinance that the San Marcos City Council is considering.

The new ordinance would update rules governing problem animals and their owners, including a provision that would allow officials to identify some people with dangerous pets as “irresponsible animal owners.” It would also spell out record-keeping requirements for rabies vaccinations, and clarify conditions for kennel operators.

Under the revised ordinance, officials with the city or the San Diego County Humane Society could impound the animals of people who are declared “irresponsible owners,” and prohibit them from owning any animals for up to three years.

The San Marcos City Council was scheduled to vote on the revised ordinance on Tuesday, but continued the decision until the next council meeting on Oct. 9. Councilwoman Rebecca Jones said the proposed changes stem from animal problems in the Knob Hill neighborhood of the city, where several people have complained about a neighbor whose dogs have continually roamed the neighborhood, threatening residents, over a period of three years or more.


“It’s been an ongoing issue, not with the same animal, but with multiple animals over the years,” Jones said. “So it’s definitely a situation where we have to step in and protect the community.”

Jones requested the postponement in order to allow some residents involved to speak to the council.

“I want to make sure that the folks in that neighborhood are able to have their voices heard in the ordinance to make sure that the situation they’re dealing with is handled,” she said.

he most substantial change the new ordinance addresses are residents who continually run into safety problems involving their pets.


“If the owner continuously violates the code, and shows disregard for the corrective actions that are required to be taken, the animal control authority can take action based on the behavior of the owner, not just the animal,” said Assistant City Attorney Wendy House.

The term “irresponsible owners,” the ordinance states, includes a person who has received three or more citations within the past two years for violating rules governing unrestrained animals, guard dogs, and nuisance or dangerous animals, as well as other regulations.

Dangerous animals, under the ordinance, are those that have bitten or attacked a person or another domestic animal twice within four years, or have seriously injured or killed a person once within four years.

While owners of those pets may have lost custody of the offending animals, city officials said some owners have continued to keep other problem pets despite a track record of poor safety.


“The City has... received complaints from the public relating to animal owners who have committed multiple violations of the animal control regulations, and who may have been required to relinquish their animals to the San Diego Humane Society, but who are still permitted to own other animals even if they continue to violate the City’s regulations,” the city staff report stated. “The proposed Ordinance authorizes the City (or San Diego Humane Society) to deem an animal owner to be an irresponsible owner, subject to a hearing.”

People who are declared irresponsible owners can challenge that decision through an administrative review of the record, and can ultimately appeal through Superior Court, House said. The ordinance, if approved, would be unique within San Diego County, she said.

“We’re not aware of any other city in the county that has these regulations in place,” House said.

The updated ordinance also requires dog owners to keep their animals’ rabies vaccination certificates for as long as the vaccine is effective, and to produce the certificate if their dog bites anyone. And it updates city regulations for the operation and licensing of animal kennels.


The revised ordinance aims “to protect the public peace, health, safety and welfare of the city’s residents and animals,” the report stated.


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