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Home My WebLink About2015-07-14; City Council; 22034; Amending Title 7 Chapter 7.08 Section 7.08.010 Animal ControlCITY OF CARLSBAD-AGENDA BILL AB# 22,034 ADOPTION OF AN ORDINANCE AMENDING TITLE 7, DEPT. DIR. MTG. 07/14/15 CHAPTER 7.08, SECTION 7.08.010 OF THE CARLSBAD CITY A MUNICIPAL CODE TO ADOPT BY REFERENCE SAN DEPT. Clerk DIEGO COUNTY CODE OF REGULATIONS REGARDING CITY MGR ~ ANIMAL CONTROL RECOMMENDED ACTION: Adopt Ordinance No. CS-279 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. ITEM EXPLANATION: Ordinance No. CS-279 was introduced and first read at the City Council meeting held on June 9, 2015, and re-introduced June 23, 2015. The second reading allows the City Council to adopt the ordinance. The City Clerk will have the ordinance or a summary of the ordinance published within fifteen days, if adopted. FISCAL IMPACT: See AB #21,996 and AB#22,013 on file in the Office of the City Clerk. 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. DEPARTMENT CONTACT: Shelley Collins (760) 434-2917 shelley.collins@carlsbadca.gov FOR CITY CLERKS USE ONLY COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED D D D D CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER-SEE MINUTES D D D D 12 I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. CS-279 AN ORDINANCE 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 the 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 caused 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 of the Carlsbad Municipal Code is repealed in its entirety. - 1 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 2: That Title 7, Chapter 7.08, Section 7.08.010 of the Carlsbad Municipal Code is amend to read as follows: 7.08.010 Adopted by 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 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 Ordinance 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 of the 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 -2-3 1 be published at least once in a newspaper of general circulation within fifteen (15) days 2 after its adoption. 3 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City 4 Council on the gth day of June, 2015; and thereafter, 5 RE-INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City 6 7 Council on the 23rct day of June. 2015; and thereafter, 8 SECOND READING held at a Public Hearing at a regular meeting of the 9 Carlsbad City Council on the 14th day of July, 2015 and adopted. 10 NOW, THEREFORE, The City Council of the City of Carlsbad does ordain as 11 follows: 12 II 13 II II 14 II 15 II II 16 II II 17 II 18 II II 19 II II 20 II 21 II II 22 II 23 II II 24 II II 25 II 26 II II 27 II II 28 II -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on thel'f..ff\day ofJ"V~ 2015, by the following vote, to wit: AYES: NOES: ABSENT: Hall, Blackburn, Schumacher, Wood, Packard. None. None. ~4<L# MATT HALL, Mayor -4-5 AFFIDAVIT OF MAILING NOTICE OF PUBLIC HEARING ro: arrc~~ DATE OF PUBLIC HEARING: . __.7+-./r--!-f4:~P ....... /-=S'-----~------ SUBJECT: 6rtit ~~]·cr -Antnv.d_, ~. ~ LocATION: /;Joo &rrsbti.LL-\ld&;r· Dv, ~obgo(_, DATE NOTICES MAILED TO PROPERTY OWNERS: N LA . . . I NUMBER MAILED: ,_-- I declare under penalty of perjury under the laws of the State .of California that I am employed by the City of Carlsbad and the foregoing is true and correct. CITY CLERK'S OFFICE ~:1: (Signature) SENT TO FOR PUBLI ATION VIA E-MAIL TO: I (Date) B"Vnion Tribune . 0 CoastNews PUBLICATION DATE: Union Tribune~----------............. -- Coast News --------------------- I declare under penalty of perjury under the laws of the State of California that I am employed by the City of Carlsbad in the City Clerk's Office and the foregoing is true and co~ . Attachments: 1) Mailing Labels 2) Notice w/ attachments PROOF OF PUBLICATION (2010 & 2011 C.C.P.) STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above-entitled matter. I am the principal clerk of the printer of The San Diego Union Tribune Formerly known as the North County Times and UT North County and which newspaper has been adjudicated as a newspaper of general circulation by the Superior Court of the County of San Diego, State of California, for the City of Oceanside and the City of Escondido, Court Decree numbers 171349 & 172171, for the County of San Diego, that the notice of which the annexed is a printed copy (set in type not smaller than nonpariel), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: July osth, 2015 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Oceanside, California On This ogth, of July 2015 Jane Allshouse The San Diego Union Tribune Legal Advertising This space is for the County Clerk's Filing Stamp Proof of Publication of NOTICE OF PUBLIC HEARING The CitY Council of the City of Carlsbad will hold a public hearing on Tuesday July 14, 2015 at 6:00p.m. In the Council Chamber, 1200 Carlsbad Village prfve, Carlsbad, California, to consider amending Tstle 7, Chapter 7.08, Section 7.08.010 of the Carlsbad Municipal .Code to adopt by reference San Diego County Code of Regulatsons re-garding Animal Control. Those persons wishing to s~k on these proceedings are invited to attend the public heanng. In· r qulrles may be directed to the City Clerk's Office (clerk@carlsb adca.govJ or at the City Clerk's Office located at City Hall, 1200 Carlsbad Village Drive, Carlsbad, (760) 434·2800. PROOF OF PUBLICATION {2010 & 2011 C.C.P.) STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above-entitled matter. I am the principal clerk of the printer of The San Diego Union Tribune Formerly known as the North County Times and UT North County and which newspaper has been adjudicated as a newspaper of general circulation by the Superior Court of the County of San Diego, State of California, for the City of Oceanside and the City of Escondido, Court Decree numbers 171349 & 172171, for the County of San Diego, that the notice of which the annexed is a printed copy (set in type not smaller than nonpariel), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: July 22"d, 2015 This space is for the County Clerk's Filing Stamp Proof of Publication of 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 REF- ERENCE 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, ChaP· ters 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, Subsec- tion 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 pro- ducing 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, Califor- nia does ordain as follows: SECTION 1: That Title 7, Chapter 7.08, Section 7.08.010 of the 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 bY Reference A. Title 3, Division 6, Chapter 4, Section 414, Subsection <~> (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 pro-visions thereof refer to a County of San Diego board, territory, area, agency, official, employee, or otherwise lt shall mean the corresponding board, territory, area, agency, official, employ-ee, 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 2126/10, relating to animal control, is adopted by refer-ence and incorporated as part of this code, except that whatever provisions thereof refer to a County of San DiegO board, territo-ry, area, agency, official, employee, or otherwise it shall mean the corresponding board, territory, area, agency, official, em- I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Oceanside, California On This 2 , o July 2015 Jane Allshouse The San Diego Union Tribune Legal Advertising ployee, 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. 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 there-after, RE-INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 23rd day of June, 2015; and thereafter, RE-INTRODUCED AND SECOND READING HELD at a Pub-lic Hearing at a regular meeting of the Carlsbad City Council on the 30th day of June, 2015; and thereafter PASSED AND ADOPTED at a regular meeting of the City Council for the City of Carlsbad on the 14th day of July, 2015, by the following vote to wit: AYES: Council Members Hall, Blackburn, Schumacher, Wood, Packard. NOES: None. ABSENT: None. APPROVED AS TO FORM AND LEGALITY CELIA A. BREWER, City Attorney MATT HALL, Mayor ATTEST: BARBARA ENGLESON, City Clerk (SEAL)