HomeMy WebLinkAbout1986-09-23; City Council; 8751-1; 1986 County Animal Control RegulationsCf--- OF CARLSBAD - AGENr- BILL a+
AB# f75l- 1 TITLE: ADOPTION OF 1986 COUNTY ANIMAL DEPT. HD.-
MT& g/23/86 CONTROL REGULATIONS BY REFERENCE CITY Ad’fi
DEPT. CA CITY MGR.
RECOMMENDED ACTION:
Conduct the public hearing and, if the City Council is satisfied adopt Ordinance No. 937/ adopting the San Diego County Animal Control Regulations by reference.
ITEM EXPLANATION
This matter was before the City Council at your meeting of September
2, 1986. The agenda bill with the attachments and the ordinance
which will explain the matter are attached. After conducting the public hearing if the City Council is satisfied and wishes to follow
the staff recommendation your action is adopt Ordinance No. :%7!
which would adopt the San Diego County Code of Regulatory Ordinances
for animal control as a part of the Carlsbad Municipal Code.
EXHIBIT
Ordinance No. -SD71
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ORDINANCE NO. 5071
AN-ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA AMENDING TITLE 7, CHAPTER 7.07, AND TITLE 1, CHAPTER 1.08 OF THE CARLSBAD MUNICIPAL CODE TO ADOPT BY REFERENCE THE RECENTLY
REVISED SAN DIEGO COUNTY CODE OF REGULATORY ORDINANCES DEALING WITH ANIMAL CONTROL
The City Council of the City of Carlsbad, California
does ordain as follows:
SECTION 1: That Title 7, Chapter 7.08 of the Carlsbad
Municipal Code is amended to read as follows:
"Chapter 7.08
RABIES, ANIMAL CONTROL AND REGULATION
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Section:
7.08.010 Adopted by reference.
7.08.010 Adopted by reference. Title 6, Division 2, Chapters 6 and / of the San Diego County Code of regulatory
Ordinances, as amended through August 12, 1986 relating to
rabies, animal control and regulation is adopted by reference and
incorporated as part of this code, except that wherever the
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."
SECTION 2: That Title 1, Chapter 1.08, Section 1.08.010
of the Carlsbad Municipal Code is amended by the amendment of the
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first two lines of subsection (a) to add "7.08" after "6.03" and
before "8.12."
EFFECTIVE DATE: This ordinance shall be effective
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4 thirty days after its adoption, and the City Clerk shall certify
5 to the adoption of this ordinance and cause it to be published
6 at least once in the Carlsbad Journal within fifteen days after
7 its adoption.
8 INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council on the 2nd day of September ,
1986, and thereafter
PAgSED AND ADOPTED at a regular meeting of said City
=. Council held on the 23rd day of September I 1986 by
the following vote, to wit:
AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine
NOES: None
ABSENT: None
MARY HYCASLER, Mayor v
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ATTEST:
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25 ALETHA L. RAUTENKRANZ, City Clqrk
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1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008
Office of the City Clerk
TELEPHONE: (714) 438-5535
ditp of CsrISbab
September 30, 1986
Sally B. Hazzard, Director
San Diego County Dept. of Animal Control
5480 Gaines St.
San Diego, CA 92110
Re: Adoption of 1986 County Animal Control Regulations
The Carlsbad City Council, at its meeting of September 23, 1986,
adopted Ordinance No. 5071, adopting by reference the recently
revised San Diego County Code of Regulatory Ordinances for
Animal Control.
Enclosed for your records is a copy of Ordinance No. 5071.
The ordinance will be effective thirty days from the date
of adoption.
(!2eL?%4. %
ALETHA L. RAUTENKRANZ
City Clerk
ALR:krk
Enc.
4. ,,
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Leaving Your Pet -7
In a Parked Vehicle
Can Be Deadly-And
It’s Against the Law!
The temperature in your car can reach 130 degrees between 7:00 and 9:00 a.m.. before the outside tem-
perature has reached 90 degrees. Think what it may be
at noon! If this happens, your dog will be dead when you return to your car, or it could suffer permanent brain damage. Don’t risk killing your pet in a hot car! Please note:
S.D. County Code Sec. 62.701: Animals in Unattended Vehicles. No person shall leave an animal in any unattended vehicle without ade- quate ventilation or in such a manner as to subject the animal to extreme temperatures which adversely affect the animal’s health or welfare.
Leave your pet at home. Don’t count on shaded parking areas or car windows cracked open a bit to keep your animal comfortable and safe. It’s the law!
A Message from
(619) 299-7012 We Care About Animals!
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. 1 Carrying An AWL
Unrestrained in a Truck
Is Unsafe-And
It’s Against the Law!
Protect your pet passenger from possible injury, or even death. Let them ride up front with you-or leave them home. If you must carry them in the back of your truck, please note:
S.D. County Code Sec. 62.700: Transportation of Animals. No person shall transport or carry, on any public highway or public 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, cross- tether, harness or other device that will pre- vent the animal from falling from, being thrown from, or jumping from, the motor vehicle.
Flying debris and insects add to the hazard of riding in open-bed trucks by hurting delicate eyes, ears, and noses. Help save your pet-and help protect other motorists. It’s the law!
.’ n h A Message from
(619) 299-7012
We Care About Animals!
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-* ’ 3 ,j _- \ .’ Carlsbad Journal
Decreed a Legal Newspaper by the Superior Court of Sun Diego County
3138 ROOSEVELT ST. . P.O. BOX 248. CARLSBAD, CA 92008 l 729-2345
Proof of Publication
STATE OF CALIFORNIA, ss.
COUNTY OF SAN DIEGO,
I am a 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 matter.
I am principal clerk of the printer of the Carlsbad Journal a newspaper of general circulation,
published twice weekly in the City of Carlsbad, County of San Diego, State of California, and which
newspaper is published for the dissemination of local news and intelligence of a general character, and
which newspaper at all times herein mentioned had and still has a bona fide subscription list of paying
subscribers, and which newspaper has been established and published at regular intervals in the said
City of Carlsbad, County of San Diego, State of California, for a period exceeding one year
next preceding the date of publication of the
notice hereinafter referred to; and that the notice
of which the annexed is a printed copy, has been
published in each regular and entire issue of said
newspaper and not in any supplement thereof on
the following dates, to-wit:
TN.OTICE’OF PUBLIC! 4 I HEiiiINC
- .P, ADOPTION. OF COUNTY ~ANIMAL CONTROL -- i ;,
$, REGULATlOkS BY REFERENCE t. ;. NOTICE IS HEREBY Cl G”* EN that theCityCounciloltheCltyofCarts- bad will hold . oublic hearlnn at 1 the City Councli Chambers. ii0t.l * Elm Avenue. Carlsbrd, California. 1 atB:OOP.M..onTuesday.September 33.1886. to consider the adoption by reference of the 1986 County Anl- ! maI Control Regulstlon+ Copies ol the Regulations which will be adopted by reference are on
September 6.,. . . . . . . . . . . . . . ..A....... . . . . . . . . 19S6 . . . .
September 13, . ..s............................. 1986 . . . .
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I certify under penalty of perjury that the foregoing is true and correct. Executed at Carlsbad, Count of San Diego,
State of California on the 33fh
day of September, 1986
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. A “” *
. Car/S&ad Journal
Decreed a Legal Newspaper by the Superior Court of San Diego County
3 138 ROOSEVELT ST. . P.O. BOX 248 . CARLSBAD, CA 92008 0729-2345
Proof of Publication
STATE OF CALIFORNIA, ss.
COUNTY OF SAN DIEGO,
I am a 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 matter.
I am principal clerk of the printer of the Carlsbad Journal a newspaper of general circulation,
published twice weekly in the City of Carlsbad, County of San Diego, State of California, and which
newspaper is published for the dissemination of local news and intelligence of a general character, and
which newspaper at all times herein mentioned had and still has a bona fide subscription list of paying
subscribers, and which newspaper has been established and published at regular intervals in the said
City of Carlsbad, County of San Diego, State of California, for a period exceeding one year
next preceding the date of publication of the
notice hereinafter referred to; and that the notice
of which the annexed is a printed copy, has been
published in each regular and entire issue of said
newspaper and not in any supplement thereof on
the following dates, to-wit:
September 6 . . . . . . . . . . . . . . . ..*......c........ 1986 . . . .
September l?,. . . . . . . . . . . . . ..*......... . . . . . . . 1986 . . . .
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I certify under penalty of perjury that the foregoing is true and correct. Executed at Carlsbad State of California on day of September, 1986
NOTICE OF PUBLIC HEARING
ADOPTION OF COUNTY ANIMAL CONTROL REGULATIONS BY REFERENCE
NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will
hold a public hearing at the City Council Chambers, 1200 Elm Avenue, Carlsbad,
California, at 6:00 P.M., on Tuesday, September 23, 1986, to consider the adoption
by reference of the 1986 County Animal Control Regulations.
Copies of the Regulations which will be adopted by reference are on
file in the Office of the City Clerk and are open to public inspection.
APPLICANT: City of Carlsbad
PUBLISH: September 6, 1986 and CARLSBAII CITY COUNCIL
September 13, 1986
A. /
CIT’r OF CARLSBAD - AGENDA i3ILL
AB# 7167-l TITLE ADOPTION OF COUNTY HEALTH AND
MTG.10/19/82 SANITATION AND ANIMAL CONTROL CODE
DEPT.CA/Eire REFERENCE CITY MGR.
I RECOMMENDED ACTION:
After the public hearing, adopt Ordinance No. 5063 but delete the reference to Chapters 8 and 9 of Division 8 in Section 6.02.010 and subsection (e) of Section 6.02.010.
ITEM EXPLANATION
This item was first brought to Council on September 21, 1982.
The City of Carlsbad adopts by reference various portions of the County Code of Regulatory Ordinances. Each year the county amends various sections of its code and the City must then consider whether or not to adopt that amendment as part of its own regulations. After several years the amendments in the City code become so numerous that it is difficult to ascertain exactly what the law is. Therefore, it is necessary to periodically readopt the provisions of the County Code as a whole and start over again. The ordinance now before you will readopt those portions of the County Code dealing with health and sanitation and with animal control. It is important that. we keep current on these provisions because we have a contract with the County to enforce the health and safety regulations for the City of Carlsbad. The County collects fees as established by the County ordinance and our contract with them provides that if we do not amend our fees to correspond with the current county fees the City shall reimburse the County for any money lost because the City has not yet updated its code.
The ordinance as originally proposed included adoption of regulations of hazardous waste materials. Because of concerns expressed by the business community and others the Board of Supervisors is currently considering amendments to the county hazardous waste regulations. As a result of the county action, the concerns of the business community and his own research, the Fire Chief is now.recommending that City action on the hazardous waste regulations be postponed. When the controversy has been resolved the Fire Chief will make a new recommendation on the matter and will bring it back to Council for consideration.
EXHIBITS
Ordinance No. 5063 County Health Department letters
BOAR0 OF SUPERVISORS
. COUNTY OF SAN DIEGO
DEPARTMENT OF HEALTH SERVICES
1700 Pacific Highway, San Diego, CA 92101
JAMES A. FORDE, Director
Office of the Deputy Director
TOM HAMILTOy F,“ST OI,TI,CT
PAUL W. FORDEM ,~COI(D D,,T”ICT
ROGER HEDGECOCK Tbl,RD DI*T”ICT
JIM BATES l=O”~~H DISTIIICT
PAUL ECKERT
CIFIY q ISIRICT
Public Health Services
(714) 236-2237
June 15, 1982
Frank Aleshire, City Manager
City of Carlsbad
1200 Elm Avenue
Carlsbad, CA 92008
SUBJECT: HAZARDOUS MATERIALS ORDINANCES
Dear Sir:
On May 25, 1982 and June 15, 1982 the San Diego County Board of Supervisors
adopted two ordinances requiring disclosure of and providing for regulation of
hazardous and extremely hazardous wastes. The intent is to allow for greater
protection of the health and property of the citizens of San Diego County, employ-
ees of industries handling hazardous materials and emergency response personnel.
Copies of the two ordinances are attached. In adopting these ordinances, the
Board took further action urging all cities within San Diego County to adopt these
ordinances to insure countywide protection and continuity of services. In accor-
dance with this direction and Basic Health Agreement between the County of San
Diego and your City, we are requesting your City Council adopt the attached ordi-
nances.
The first ordinance (No. 6293) requires all persons handling hazardous material to
disclose such information to our department on a form to be provided by the
department. The department would then'make the information available on a regular
basis to emergency response personnel and, upon request, to health care facilities
and to physicians.
The second ordinance (No. 6376) estpblishes a permit system, and with the fees
generated, creates an enforcement and surveillance program. The program, which
empowers the local health officer to enforce the provisions of Chapter 6.5, Divi-
sion 20, of the California Health and Safety Code, will provide for inspection of
facilities handling hazardous waste and for limited medical assessments when in-
cidents occur in which people have been exposed to hazardous waste. The interim
hazardous waste management plan, as it was presented to the Board of Supervisors,
is provided along with the ordinance.
Since both ordinances establish fees to cover costs, the department's service will
be provided at no additional cost to the cities adopting the ordinances. Those
establishments required to obtain a permit and pay the fee under the second
ordinance, will not have to pay the fee required by the first ordinance.
. . .
Hazardous Materials Ordinance June 15, 1982
Page 2
The fee schedule for the hazardous waste surveillance program (the second ordi-
nance) has already been set by the Board of Supervisors and accompanies that ordi-
nance. The fee schedule for the disclosure ordinance (the first ordinance) de-
pends on the number of cities adopting the ordinance and, therefore, will be set
as soon as all cities take action. The fee for the first year will range from $35.87 to $47.85, as explained in the remarks section on the last page of the
disclosure ordinance. Appendix A provides you with suggested wording which allows for your City's automatic adoption of the fees set by the Board of Supervisors.
Once your City Council has authorized the Department of Health Services to enforce
all provisions of the County ordinances in your city, please forward two copies of
the resolution, as soon as possible, to this office.
If you have any questions on this matter, please call Gary.Stephany, Chief, Divi-
sion of Environmental Health Protection, at 236-2243.
Very truly yours,
DONALD G. RAMRAS, M.D., Health Officer
and Deputy Director for Public Health Services
DGR:JF/lh
Attachments (3)
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NOTICEOFPUBLICHEARING
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NOTICE IS HEl?EE3Y GIVEN that the City Council of the City of Carl&ad, will hold a'public hearing at the City Council Chamkers, 1200 Elm Avenue, Carl&ad, California, at 6:00 P.M., on Tuesday, October 19, 1982, to consider the adoption by reference of the County Health and SanitationandAnimalcOntrolCode.
Copies of the Cede which will be adcpted by reference are on file with the City Clerk and are open to public inspection.
PUBLISH: Octmber 6, 1982 October 13, 1982 CAmSBADc1TYCouNCIL
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1 ORDINANCE NO. Tnr;>
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING TITLE 6, CHAPTER 6.02 OF THE CARLSBAD MUNICIPAL CODE TO READOPT CERTAIN DIVISIONS OF TITLE 6 OF THE COUNTY CODE OF REGULATORY ORDINANCES DEALI:JG WITH HEALTH AND SANITATION BY REFERENCE AND AllENDING TITLE 7 CHAPTER 7.07 OF THE CARLSBAD MUNICIPAL CODE TO READOPT CERTAIN PROVISIONS OF THE COUNTY CODE OF REGUL‘ATORY ORDINANCES DEALING WITH ANIMAL CONTROL BY REFERENCE
The City Council of the City of Carlsbad, California
does ordain as follows: E
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SECTION 1: That Title 6, Chapter 6.02 of the Carlsbad
Municipal Code is amended to read as follows:
Chapter 6.02
COUNTY CODE
Sections:
6.02.010 Adopted by reference - Interpretation. 6.02.020 Violation.
6.02.010 Adopted by refkrence - Interpretation. Division 1; Dlvlslon 4; Dlvislon 5; Chapters 1, 2, 9 and 10 of Division 6; Chapters 3 and 4 of Division 7; Chapters 3 and 6 of Division 8; and Division 9 of Title 6 of the San Diego County Code of Regulatory Ordinances as amended through Septemberi
1, 1382 relating to the subjects of health and sanitation are adopted by reference as part of this Cede, except:
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a) Wherever the provisions incorporatsd refer to a county board, territory, area, agency, official, employee or otherwise it means the corresponding city board, territor.., area, agency, official or employee or otherwise and if there ii; no such corresponding city entity it means the county entity acting in that capacity on behalf of the city. b) Section 65.107, subsections (s), (t), (u), (v), (w), (x) of Division 5 of Title 6 of the County Code of Regulatory Ordinances are not adopted.
cl The definition of "apartment house" in section 66.1001 of Division 6 of Title 6 of the County Code of Regulatory Ordinances shall not include an own-Jrship on an occupied condominium. "Condominium" is dcfinc,d as an estate of real property consistinq of an undivided interest in
common in a portion of a parcel of real property together with a separate interest in space in a residential building on silch property.
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d) Section 67.301 of Division 7 of Title 6 is not adopted.
6.02.020 Violation. The provisions of Chapter 1.08 of this Codeshall apply to any violation of this chapter.
SECTION 2: That Title 7, Chapter 7.08 of the Carlsbad
Municipal Code is amended to read as follows:
/I Chapter 7.08 A--
RABIES, ANIFIAL COKTROL AND REGULATION --
Sections:
7.08.010 Adopted by reference. 7.08.020 Violation.
Ii 7.08.010 Adopted by reference. Title 6, Division 2, Chapter 6, of the San DiegoCounty Code- of Regulatory Ordinances I’ as amended through September 1, 1982 relating to rabies, animal control and regulation is adopted by reference and incorporated as part of this code, except that wherever the provisions there0 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
II is acting in the same, capacity on behalf of the city.
7.08.020 Violation. The provisions of Title 1.06 of this Codexii apply-any violation of this chapter.
I EFFECTIVE DATE: This ordinance shall be effective
1 thirty days after its adoption, and the City Clerk shall certify
to the adoption of this ordinance and cause it to be published a
! least once in the Carlsbad Journal within fifteen days after its I
I! adoption.
INTRODUCED AND FIRST READ at a regular meeting of the I I/ Carlsbad City Council held on the ~ht*- day of Q-er ,
II. 1982, and thereafter
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PASSED AND ADOPTED at a regular meeting of said City
Council held on the 19th day of October I 1982, by
the following vote to wit:
AYES:. Council Jxkr&ers Casler, Lewis, and Chick
NOES: None
ABSENT: Council I&mkrs I<ulchin and Anear
MARY.H.d$ASLER, Mayor
ATTEST:
(SEAL)
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- h ,’ ‘Car/s&ad Journal
Decreed a Legal Newspaper by the Superior Court of San Diego County
3138 ROOSEVELT ST. 0 P.O. BOX 248. CARLSBAD, CA 92008 0 729-2345
Proof of Publication
STATE OF CALIFORNIA, ss,
COUNTY OF SAN DIEGO,
I am a 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 matter.
I am principal clerk of the printer of the Carlsbad Journal a newspaper of general circulation,
published twice weekly in the City of Carlsbad, County of San Diego, State of California, and which
newspaper is published for the dissemination of local news and intelligence of a general character, and
which newspaper at all times herein mentioned had and still has a bona fide subscription list of paying
subscribers, and which newspaper has been established and published at regular intervals in the said
City of Carlsbad, County of San Diego, State of California, for a period exceeding one year
next preceding the date of publication of the
notice hereinafter referred to; and that the notice
of which the annexed is a printed copy, has been
published in each regular and entire issue of said
newspaper and not in any supplement thereof on
the following dates, to-wit:
NO’MCEOFPUBLIC REARING ADOPTIONOFCOUNTY HEALTHAND SANITATIONAND ANIMALCONTEOL CODEBEREFERENCE . . . . . . ..a....... OcLober.6...... 19.82.
NU~‘ICEP~IEUEBYGXYEN~~~~ thoCltCoumorth4Cl~orc4rI* bod.wUlholdapubikhwriogat
tit4 CQ couacll Chsmbar& laoo l!am Avaoua. Carlabm& fxhnli* at 6as P.M. w Tuesday, 0ctob.r 1s. logtOcOCAd~tbOdOpttOOt r4f4mnc4orth4couotyH44lth4d Saoltatioa sod Aalnal Control coda.
.., . . . . . . . . . . . . . Oc.tober. .l.3.....,19.82.
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copka dtba cod4 whkh Will b4 adopted by rofennca am oo t-II4 with tha City Clark and l re open ta publlc Iaspactioa -AD CITY COUNCIL CJwaRoc4obera,.lm
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I certify under penalty of perjury that the foregoing is true and correct. Executed at Carlsbad, County of San Diego, d”t&t;;f &lpJgiFll w-
& i .\ ‘. .‘. . . ‘L. ,itcd ‘r-r<
Clerk of the Printer