HomeMy WebLinkAbout2015-06-23; City Council; 22013; Re-Introduce Title 7 Chapter 7.08 Section 7.08.010 Animal ControlCITY OF CARLSBAD - AGENDA BILL 11
22,013 AB#
MTG. 06/23/15
DEPT. Clerk
RE-INTRODUCTION OF AN ORDINANCE 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
DEPT. DIR.
CITY ATTY
CITY MGR 1^
RECOMMENDED ACTION:
Re-introduction of Ordinance No. CS-279 amending title 7, chapter 7.08, section 7.08.010 of the
Carlsbad Municipai Code to adopt by reference San Diego County Code of Regulations regarding
animal control and setting the Public Hearing for July 14, 2015 for adoption.
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not need to be adopted by reference by the City as it was repealed by the County in Ordinance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.
This item was introduced at the June 9, 2015 City Council Meeting. Due to the fact that the code
is being adopted by reference. Government Code §50022.3, requires this item to be noticed as a
Public Hearing. The item is being reintroduced and a public hearing scheduled for a future
meeting.
FISCAL IMPACT: None.
DEPARTMENT CONTACT: Shelley Collins (760)434-2917 shellev.collinsOcarlsbadca.gov
FOR CITY CLERKS USE ONLY
COUNCIL ACTION: APPROVED
DENIED
CONTINUED
WITHDRAWN
AMENDED
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CONTINUED TO DATE SPECIFIC
CONTINUED TO DATE UNKNOWN
RETURNED TO STAFF
OTHER-SEE MINUTES
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Regulations regarding animal control
June 23, 2015
Page 2
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.
EXHIBIT:
1. Ordinance No. CS-279.
2. Redline version.
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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 of the 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
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EXHIBIT 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
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
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
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 ofthe referenced ordinance is on file in the City Clerk's Office.
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 ofthe Carlsbad City Council
on the 9**^ day of June, 2015; and thereafter,
RE-INTRODUCED AND READ at a regular meetng ofthe Carlsbad City Council on
he 23^*^ 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 Reforonco
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 samo capacity on behalf of tho 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 Dieqo
CountY 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 freguent or long continued noise, is adopted bv reference and
13 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 othen^/ise
14 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 Countv is acting In
15 the same capacitv on behalf of the Citv. 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
18 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, terrlton/.
19 area, agency, official, employee, or otherwise it shall mean the corresponding board,
territory, area, agency, official, employee, or otherwise ofthe Citv. and if there is
20 none. It shall mean that the County Is acting in the same capacitv on behalf of the
2., City. A copy ofthe referenced ordinance is on file in the City Clerk's Office.
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