HomeMy WebLinkAbout2015-06-09; City Council; 21996; Amend Title 7 Chapter 7.08 Section 7.08.010 Animal ControlCITY OF CARLSBAD - AGENDA BILL 21
AB# 21,996 AMEND TITLE 7, CHAPTER 7.08, SECTION 7.08.010 OF THE
• CARLSBAD MUNICIPAL CODE TO ADOPT BY REFERENCE
SAN DIEGO COUNTY CODE OF REGULATIONS REGARDING
ANIMAL CONTROL
DEPT. DlRECTpR
DATEjUr^.TOh
AMEND TITLE 7, CHAPTER 7.08, SECTION 7.08.010 OF THE
• CARLSBAD MUNICIPAL CODE TO ADOPT BY REFERENCE
SAN DIEGO COUNTY CODE OF REGULATIONS REGARDING
ANIMAL CONTROL
CITY ATTY.
DEPT. OA
AMEND TITLE 7, CHAPTER 7.08, SECTION 7.08.010 OF THE
• CARLSBAD MUNICIPAL CODE TO ADOPT BY REFERENCE
SAN DIEGO COUNTY CODE OF REGULATIONS REGARDING
ANIMAL CONTROL CITYMGR. Ht)
RECOMMENDED ACTION:
Introduce Ordinance No. 0^-279 ofthe City Council ofthe City of Carlsbad, California, amending
Title 7, Chapter 7.08, section 7.08.010 ofthe Carlsbad Municipal Code to adopt by reference San Diego
County Code of Regulations regarding animal control.
ITEM EXPLANATION:
The City of Carlsbad has an agreement with the County of San Diego for the provision of animal control
services. That agreement requires that the City adopt by reference the San Diego County Code of
Regulatory Ordinance ("County Code"), Title 6, Division 2, Chapters 6 and 7 related to animal control.
Carlsbad Municipal Code Chapter 7.08 was originally adopted for that purpose.
On February 26, 2010, the San Diego County Board of Supervisors revised its ordinances related to
animals disturbing the peace. As a result, on June 22, 2010 the City of Carlsbad amended Chapter 7.08 to
adopt by reference County Code section, 36.414(c)(6), which addresses noise prohibitions related to
animals (City of Carlsbad Ordinance No. CS-090). This revision to Carlsbad Municipal Code Chapter 7.08
inadvertently omitted the remainder ofthe County Codes related to animal control. Therefore, Carlsbad
Municipal Code Chapter 7.08 needs to be amended to adopt by reference not only County Code section
36.414(c)(6) related to noise abatement but also Title 6, Division 2, Chapter 6 related to animal control.
County Code, Title 6, Division 2, Chapter 7 does not need to be adopted by reference by the City as it was
repealed by the County in Ordinance 10036(N.S.), effective February 26, 2010.
FISCAL IMPACT:
No direct fiscal impact is anticipated as a 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-279
2. Redline of Carlsbad Municipal Code Title 7, Chapter 7.08, Section 7.08.010.
DEPARTMENT CONTACT: Paul Edmonson 760-434-2891 attorney@carlsbadca,gov
FOR CLERK USE
COUNCIL ACTION: APPROVED CONTINUED TO DATE SPECIFIC •
DENIED a CONTINUED TO DATE UNKNOWN •
CONTINUED • RETURNED TO STAFF •
WITHDRAWN • OTHER - SEE MINUTES •
AMENDED • REPORT RECEIVED •
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EXHIBIT 1
ORDINANCE NO. CS-279
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 SAN DIEGO COUNTY
CODE OF REGULATIONS REGARDING ANIMAL CONTROL
WHEREAS, the City of Carlsbad has a contract with the County of San Diego for the
provision of animal control services and that contract requires the City to adopt by reference
San Diego County Code of Regulatory Ordinance, Title 6, Division 2, Chapters 6 and 7;
and
WHEREAS, as a result of changes to San Diego County Code of Regulations, on
June 22, 2010 (Ordinance CS-090) the City of Carlsbad modified Carlsbad Municipal Code
section 7.08.010 Adopted by Reference by adopting San Diego County Code of
Regulations, Section 36.414 General Noise Prohibitions, Subsection 36.414(c)(6) which
prohibits frequent or long continued noise cause by animals which annoys or causes
discomfort to persons of normal sensitivities in the vicinity of the noise producing animal;
and
WHEREAS, the June 22, 2010 revisions to Carlsbad Municipal Code, Chapter 7.08
inadvertently omitted the remainder ofthe County codes related to animal control; and
WHEREAS, County Code, Title 6, Division 2, Chapter 7 does not need to be adopted
by reference by the City as it was repealed by the County;
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 ofthe Carlsbad Municipal
Code is repealed in its entirety.
SECTION 2: 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 bv Reference
A. 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
EXHIBIT 1
1 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
2 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.
B. Title 6, Division 2, Chapter 6, of the San Diego County Code of Regulatory
6 Ordinances, as amended by Ord. No. 10036 (N.S.), effective 2/26/10, relating to
animal control, is adopted by reference and incorporated as part of this code, except
7 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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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 9th day of June 2015; and thereafter.
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EXHIBIT 1
PASSED AND ADOPTED at a regular meeting of the City Council for the City of
Carlsbad on the day of , 2015, by the following vote to wit:
AYES:
NOES:
ABSENT:
APPROVED AS TO FORM AND LEGALITY
CELIA A. BREWER, City Attorney
MATT HALL, Mayor
ATTEST:
BARBARA ENGLESON, City Clerk
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EXHIBIT 2
7.08.010 Adopted bv Reference
A. Title 3, Division 6, Chapter 4, Section 414, Subsection (c)(6) ofthe San Diego
3 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
6 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
7 the same capacity on behalf of the City. A copy of the referenced ordinance is on
file in the City Clerk's Office.
7.08.010 Adopted bv Reference
A. Title 3, Division 6, Chapter 4. Section 414. Subsection (c)(6) ofthe San Diego
Countv Code of Regulatory Ordinances, as amended bv 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 bv reference and
.,3 incorporated as part of this code, except that whatever provisions thereof refer to a
Countv of San Diego board, territory, area, agency, official, employee, or otherwise
14 it shall mean the corresponding board, territory, area, agency, official, employee, or
otherwise of the Citv. and if there is none, it shall mean that the Countv is acting in
15 the same capacitv on behalf of the City. A copy of the referenced ordinance is on
file in the Citv Clerk's Office.
B. Title 6, Division 2. Chapter 6. of the San Diego Countv Code of Regulatory
Ordinances, as amended bv Ord. No. 10036 (N.S.). effective 2/26/10, relating to
animal control, is adopted bv reference and incorporated as part of this code, except
that whatever provisions thereof refer to a Countv of San Diego board, territory.
19 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
20 none, it shall mean that the County is acting in the same capacitv on behalf of the
Citv. A copy of the referenced ordinance is on file in the Citv Clerk's Office.
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