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
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DEPT.
20,257
06-08-10
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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
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AMENDED
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(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).
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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
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:
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(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,
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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
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21 APPROVED AS TO FORM AND LEGALITY
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AYES:
NOES:
ABSENT:
RON R. BALL, City Attorney
CLAUDE A. LEWIS, Mayor
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ATTEST:
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LORRAINE M. WOOD, City Clerk
EXHIBIT 2
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7.08.010 Adopted by Reference
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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.
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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.
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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)