HomeMy WebLinkAbout2010-06-22; City Council; CS-090; Animal Noise Abatement Control Penalties for Violation...1
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
3 CARLSBAD, CALIFORNIA, AMENDING TITLE 7, CHAPTER
7.08, SECTION 7.08.010 OF THE CARLSBAD MUNICIPAL
CODE TO ADOPT BY REFERENCE SECTION 36.414(c)(6)
OF THE SAN DIEGO COUNTY CODE OF REGULATORY
ORDINANCES REGARDING ANIMAL NOISE ABATEMENT
AND CONTROL AND AMENDING TITLE 1, CHAPTER 1.08,
SECTION 1.08.010 OF THE CARLSBAD MUNICIPAL CODE
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EXHIBIT 1
ORDINANCE NO. CS-090
REGARDING DESIGNATED PENALTIES FOR VIOLATION
WHEREAS, the Board of Supervisors for the County of San Diego recently
adopted a significant revision of its regulatory ordinances that included eliminating section
10 62.672 of the animal control ordinance which was used by County Department of Animal
Control to enforce animals disturbing the peace in the City of Carlsbad; and
WHEREAS, Section 36.414 of the County's Code of Regulations addresses
general noise prohibitions; and
WHEREAS, Section 36.414(c)(6) prohibits frequent or long continued noise
caused by animals which annoys or causes discomfort to persons of normal sensitivities
in the vicinity of the noise producing animal; and
WHEREAS, the City of Carlsbad frequently receives complaints from neighbors
concerning animals that disturb the peace;
THEREFORE, the City Council of the City of Carlsbad, California does ordain as
follows:
SECTION 1: That Title 7, Chapter 7.08, Section 7.08.010 of the Carlsbad
Municipal Code is amended to read as follows:
7.08.010 Adopted by Reference
Title 3, Division 6, Chapter 4, Section 414, Subsection (c)(6) of the San Diego
County Code of Regulatory Ordinances, as amended by Ord. No. 9962 (N.S.),
effective 1-9-09, relating to noise abatement and control, specifically of an animal
causing any frequent or long continued noise, is adopted by reference and
incorporated as part of this code, except that whatever provisions thereof refer to a
County of San Diego board, territory, area, agency, official, employee, or
otherwise it shall mean the corresponding board, territory, area, agency, official,
employee, or otherwise of the City, and if there is none, it shall mean that the
County is acting in the same capacity on behalf of the City. A copy of the
referenced ordinance is on file in the City Clerk's Office.
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EXHIBIT 1
SECTION TWO: That Title 1, Chapter 1.08, Section 1.08.010 of the Carlsbad
Municipal Code is amended to read as follows:
(a) Whenever in Chapters 6.03, 8.12, 8.16, 8.44, 8.50, 11.28 and 15.12, or as
specified in Sections 1.13.040, 5.10.130, 6.04.130, 8.17.200(A)(1), 8.17.200(A)(2),
8.17.200(A)(3), 8.17.200(A)(4) and 17.04.070 of this code any act is prohibited or
is made or declared to be unlawful or an offense, or the doing of any act is required
or the failure to do any act is declared to be unlawful or a misdemeanor, the
violation of any such provision is a misdemeanor and shall be punished by a fine
not exceeding one thousand dollars or imprisonment for a term not exceeding six
months, or by both such fine and imprisonment unless some other fine or penalty
is stated in said chapter or section.
EFFECTIVE DATE: This ordinance shall be effective thirty (30) days after its
adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to
be published at least once in a newspaper of general circulation within fifteen (15) days
after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
Council on the 8th day of June, 2010; and thereafter,
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the 22nd day of June, 2010, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall and Blackburn.
NOES: None.
ABSENT: Council Member Packard
APPROVED AS TO FORM AND LEGALITY
RON R. BALL, City Attorney
ATTEST:
WOOD, City Cleft