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HomeMy WebLinkAbout2010-06-22; City Council; 20280; Amending the CMC related to animal nosieCITY OF CARLSBAD - AGENDA BILL 21 AB# 20,280 MTG. 6-22-10 DEPT. CLERK ADOPTION OF ANIMAL NOISE ABATEMENT REGULATIONS AND DESIGNATION OF PENALTIES FOR VIOLATIONS DEPT. HEAD CITY ATTY. CITY MGR. RECOMMENDED ACTION: Adopt Ordinance No. CS-090. 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 violations. ITEM EXPLANATION: Ordinance No. CS-090 was introduced and first read at the City Council meeting held on June 8, 2010. The second reading allows the City Council to adopt the ordinance which will become effective thirty days after adoption. The City Clerk will have the ordinance published within fifteen days, if adopted. FISCAL IMPACT: See AB #20,257 on file in the Office of the City Clerk. ENVIRONMENTAL IMPACT: Pursuant to Public Resources Code section 21065 and CEQA Guidelines section 15738, this action does not constitute a "project" within the meaning of CEQA and therefore, does not require additional environmental review. EXHIBITS: 1. Ordinance No. CS-090. DEPARTMENT CONTACT: Karen Kundtz 760-434-2808 Karen.Kundtz@carlsbadca.gov FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED X0s Dnn CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER - SEE MINUTES nann 1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY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 4 5 7 8 g 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. 1 2 3 4 5 6 7 8 g 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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