REPORT TO COUNCIL
SUBJECT
Title
Adopt a Resolution to Suspend Enforcement of Sunnyvale Municipal Code Section 6.05.010 Related to Imposing an Affirmative Duty to Impound Healthy Stray Cats
Report
BACKGROUND
The Humane Society of Silicon Valley (HSSV) has served as the City of Sunnyvale's animal services provider under a 20-year agreement since April 19, 2007. This agreement included shelter, animal, veterinarian, and after-hours emergency animal services. On October 8, 2019, the City Council adopted Ordinance No. 3146-19, which comprehensively revised Title 6 of the Sunnyvale Municipal Code related to animals and included SMC 6.05.010, which provides that Animal Control Officers shall impound all stray animals, creating an affirmative duty of staff to seize loose animals.
On December 18, 2024, a fire impacted HSSV's Milpitas facility, rendering it non-operational. On January 28, 2025, HSSV notified the City of its intent to terminate services effective February 1, 2025. Following this notification, the City solicited information from qualified service providers on an emergency basis to fulfill the immediate need for these critical animal services so as not to interrupt service delivery in the city. The selected emergency vendor, the County of Santa Clara, can fulfill the majority of the needs previously fulfilled by HSSV, however, cannot accommodate the City's obligations to impound healthy, stray cats as required by SMC Section 6.05.010.
SMC Section 6.05.010 requires Animal Control Officers to take specific actions when encountering all stray animals, and despite staff's best efforts to locate a vendor that can fulfill all duties under the SMC, staff was unable to contract with such a service provider on an emergency basis. The City's emergency vendor can fulfill all animal control needs in the city with the exception of impounded stray, healthy cats, therefore the suspension of this code section is necessary to maintain current service capabilities.
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