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HomeMy WebLinkAbout2010-06-08; City Council; 20257; Amend CMC Title 7 Ch 7.08 and Title 1 Ch 1.08CITY OF CARLSBAD - AGENDA BILL 10 AB# MTG. DEPT. 20,257 06-08-10 POL AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF 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 REGARDING DESIGNATED PENALTIES FOR VIOLATION DEPT. CITY ATTY CITY MGR. RECOMMENDED ACTION: Introduce Ordinance No.CS-090 of the City Council of the City of 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 regarding designated penalties for violation. ITEM EXPLANATION: The agreement between the City of Carlsbad and the County of San Diego for the provision of animal control services required that the City adopt the San Diego County Code of Regulatory Ordinance ("County Code"), Title 6, Division 2, Chapters 6 and 7 related to animal control. On February 26, 2010, the San Diego County Board of Supervisors adopted a significant revision of Title 6, which included the elimination of section 62.672 of the animal control ordinances, the portion used by County Department of Animal Services to enforce animals disturbing the peace in the City of Carlsbad. In order to maintain consistency of enforcement, the County Department of Animal Services has requested that the City adopt, by reference, an alternative County Code section, 36.414(c)(6), which also addresses noise prohibitions related to animals. Therefore, Carlsbad Municipal Code Chapter 7.08 must be amended to adopt the alternative section of the County Code. The proposed County Code section 36.414(c)(6) is from Title 3, Public Safety, Morals and Welfare; Division 6, Conduct Disturbing Community Harmony; Chapter 4, Noise Abatement and Control; Section 414, General Noise Prohibitions, subsection (c)(6) and provides as follows: DEPARTMENT CONTACT: Fiona Everett, 760-931-2279, fiona.everett@carlsbadca.gov FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED *D D D D CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER -SEE MINUTES Dnnn (c) The following acts, among others, are declared to be disturbing, excessive and offensive noises that violate this chapter and are unlawful: (6) Owning, possessing or harboring an animal which by any frequent or long continued noise causes annoyance or discomfort to a person of normal sensitivity in the vicinity. The written affirmation by two persons having separate residences that an animal has caused frequent or long continued noise, that has caused them annoyance or discomfort shall be prima facie evidence of a violation of this section. This subsection does not apply to animal noise emanating from a legally operated animal hospital, humane society, County Department of Animal Services facility, farm or other agricultural facility where keeping animals is allowed. The substantive change using the proposed County Code section 36.414(c)(6) requires the Department of Animal Services officers to get two complainants' signatures to enforce the violation. Under the eliminated code, one signature was required. Two required signatures will help distinguish between a valid, ongoing neighborhood problem and a potentially unreasonable neighbor. Animal control officers are prepared to seek two signatures to enforce the new code. Citations have a place for two signatures. Carlsbad Municipal Code Chapter 7.08.020 is the penalty section for violating section 7.08.010 and refers to Chapter 1.08 (section 1.08.010). Under the old County Code, a violation of section 62.672 was a misdemeanor and it was made a misdemeanor under Carlsbad Municipal Code section 1.08.010(a). Staff recommends reducing the first, second and third violations, within a 12 month period, to an infraction pursuant to Carlsbad Municipal Code section 1.08.010(b). Subsequent violations, within the same 12 month period, would be a misdemeanor. FISCAL IMPACT: No direct fiscal impact is anticipated as the result of this action. ENVIRONMENTAL IMPACT: Pursuant to Public Resources Code section 21065 and CEQA Guidelines section 15738, this amendment does not constitute a "project" within the meaning of CEQA and therefore, does not require an environmental review. EXHIBITS: 1. Ordinance No. cs-090 , of the City Council of the City of 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 regarding designated penalties for violation. 2. Strikeout-Underline version of 7.08.010 and 1.08.010(a). 3. County Code section 36.414(c)(6). 1 2 3 4 5 AND CONTROL AND AMENDING TITLE 1, CHAPTER 1.08, SECTION 1.08.010 OF THE CARLSBAD MUNICIPAL CODE 7 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT 1 ORDINANCE NO. CS-090 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF 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 REGARDING DESIGNATED PENALTIES FOR VIOLATION 8 WHEREAS, the Board of Supervisors for the County of San Diego recently 9 adopted a significant revision of its regulatory ordinances that included eliminating section 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 12 WHEREAS, Section 36.414 of the County's Code of Regulations addresses 13 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. EXHIBIT 1 SECTION TWO: That Title 1, Chapter 1.08, Section 1.08.010 of the Carlsbad 2 Municipal Code is amended to read as follows: 3 (a) Whenever in Chapters 6.03, 8.12, 8.16, 8.44, 8.50, 11.28 and 15.12, or as 4 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, 5 7 8 9 10 11 12 13 14 24 25 PASSED AND ADOPTED at a regular meeting of the City Council of the City of\ O Carlsbad on the day of , 2010, by the following vote to wit:16 17 18 19 20 21 APPROVED AS TO FORM AND LEGALITY 22 23 AYES: NOES: ABSENT: RON R. BALL, City Attorney CLAUDE A. LEWIS, Mayor 26 ATTEST: 27 28 LORRAINE M. WOOD, City Clerk EXHIBIT 2 1 7.08.010 Adopted by Reference 2 Title & 3, Division 2- 6, Chapters 6 and 7 4. Section 414. Subsection (c)(6) of the 3 San Diego County Code of Regulatory Ordinances, as amended through Dooember 15, 2000 by Ord. No. 9962 (N.S.). effective 1-9-09. relating to rabies, 4 animal noise abatement and control and regulation, specifically of an animal 5 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 6 county of San Diego board, territory, area, agency, official, employee, or otherwise it shall mean the corresponding board, territory, area, agency, official, employee, 7 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 8 on file in the city clerk's office. 9 10 1.08.010 Designated 11 (a) Whenever in Chapters 6.03, im, 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), 12 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 13 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 4 punished by a fine not exceeding one thousand dollars or imprisonment for a term 15 not exceeding six months, or by both such fine and imprisonment unless some other fine or penalty is stated in said chapter or section. 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBITS ANIMAL CONTROL ENFORCEMENT County Code 36.414(c)(6) Title 3 - Public Safety, Morals and Welfare Division 6 - Conduct Disturbing Community Harmony Chapter 4 - Noise Abatement and Control Section 414 - General Noise Prohibitions SEC. 36.414. GENERAL NOISE PROHIBITIONS. In addition to the general limitations on sound levels in section 36.404, the following additional prohibitions shall apply: (a) It shall be unlawful for a person to make, continue or cause to be made or continued a disturbing, excessive or offensive noise. (b) The characteristics and conditions which should be considered in determining whether a violation of this section has been committed include, but are not limited to, the following: (1) The level of noise. (2) Whether the nature of the noise is usual or unusual. (3) Whether the origin of the noise is natural or unnatural. (4) The ambient noise level. (5) The proximity of the noise to a place where someone sleeps. (6) The nature and zoning of the area within which the noise emanates and where it is received. (7) The time of day the noise occurs. (8) The duration of the noise. (9) Whether the noise is recurrent, intermittent or constant. (10) Whether the noise is produced by a commercial or noncommercial activity. (c) The following acts, among others, are declared to be disturbing, excessive and offensive noises that violate this chapter and are unlawful: (1) Unnecessarily using or operating or allowing another person to use or operate a vehicle horn, signaling device or other similar device, other than as regulated by the Vehicle Code. EXHIBITS (2) Using, operating, playing or allowing another person to use, operate or play a radio, musical instrument, phonograph, television set or other device for the production or reproduction of sound: (A) That disturbs the peace, quiet and comfort of persons of normal sensitivity residing in the area. (B) That exceeds the levels in section 36.404 when measured at a distance of 25 feet from a device operating in a public right-of-way. (C) That exceeds the levels in section 36.404 when measured at a distance of 25 feet from a device for the production or reproduction of sound operated in a County park unless a permit has been obtained from the County Parks and Recreation Department specifying the time, location and other conditions under which amplified sound may be allowed within a County park. A person using, operating or playing a device for the production or reproduction of sound in a County park, however, shall not exceed a level of 90 decibels when measured 50 feet from the source or exceed the levels in section 36.404 when measured at the park boundary. Subsection 36.414(c)(2)(C) shall be enforced by the Parks and Recreation Department. (3) It shall be a prima facie violation of section 36.414(c)(2)(A) if a device for the production or reproduction of sound that is being operated, used or played is plainly audible at a distance of 50 feet or more from the building, structure or vehicle in which it is located. (4) Playing, using, operating or allowing to be played, used or operated any sound production or reproduction device or machine including but not limited to radio receiving sets, phonographs, musical instruments, loudspeakers and sound amplifiers, for commercial or business advertising purposes in, on, over or across any street, alley, sidewalk, park or public property in a manner as to violate the provisions of this ordinance is prohibited. This subsection shall not apply to sound amplifying equipment mounted on a sound truck where the operator complies with the following requirements: (A) The only sound emitted is music or human speech and the music or speech emitted is not obscene, lewd, profane or slanderous. (B) The sound truck is only operated between the hours of 8:00 a.m. and 9:00 p.m. or after 9:00 p.m. during public events and affairs of general public interest. (C) The sound amplifying equipment is not being operated unless the sound truck is traveling at a speed of at least 10 miles per hour, except when the truck is stopped or impeded by traffic. If the sound truck is stopped by traffic the sound amplifying equipment shall not be operated for longer than one minute at each stop. (D) Sound is not emitted within 100 yards of a hospital, school, church or courthouse. EXHIBITS (E) The volume of sound does not exceed a sound level of 65 decibels (on the "A" scale) at a distance of 50 feet from the sound amplifying equipment as measured by a sound level meter. (F) No sound amplifying equipment is operated unless the axis of the center of the sound reproducing equipment is parallel to the direction of travel of the sound truck. Any sound reproducing equipment, however, may be placed upon the sound truck as to not vary more than 15° either side of the axis of the center of the direction of travel. (G) No sound truck with its amplifying device in operation shall be driven on the same street past the same point more than twice in one hour. or(5) Causing or allowing unreasonably loud or disturbing verbal noise that is offensive annoying to a person of normal sensitivity. (6) Owning, possessing or harboring an animal which by any frequent or long continued noise causes annoyance or discomfort to a person of normal sensitivity in the vicinity. The written affirmation by two persons having separate residences that an animal has caused frequent or long continued noise, that has caused them annoyance or discomfort shall be prima facie evidence of a violation of this section. This subsection does not apply to animal noise emanating from a legally operated animal hospital, humane society, County Department of Animal Services facility, farm or other agricultural facility where keeping animals is allowed. (7) Operating or causing to be operated or used any steam whistle attached to a stationary boiler, except to give notice of the time to start or stop work or as a signal of imminent danger. (8) Using or allowing the use of a motor vehicle to knowingly produce a noise that causes annoyance or discomfort to a person of normal sensitivity in the vicinity of the noise by backfiring the engine, screeching the tires, operating without a muffler, altering the muffler or any other action that causes a disturbing, excessive or offensive noise. (Amended by Ord. No. 9962 (N.S.), effective 1-9-09)