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Home My WebLink About2023-07-25; City Council; ; Adoption of Ordinance No. CS-450 – Amending Carlsbad Municipal Code Chapter 7.08 Rabies, Animal Control and RegulationCA Review __MK_ ___ Meeting Date: July 25, 2023 To: Mayor and City Council From: Scott Chadwick, City Manager Staff Contact: Kaylin McCauley, Deputy City Clerk Kaylin.mccauley@carlsbadca.gov, 442-339-5979 Subject Adoption of Ordinance No. CS-450 – Amending Carlsbad Municipal Code Chapter 7.08 Rabies, Animal Control and Regulation Districts: All Recommended Action Adoption of Ordinance No. CS-450 amending Carlsbad Municipal Code Chapter 7.08 Rabies, Animal Control and Regulation. Executive Summary The City Council is being asked to adopt Ordinance No. CS-450, approving an amendment to Chapter 7.08 of the Carlsbad Municipal Code to more clearly provide animal control authority to the San Diego Humane Society and similar organizations, and to allow for the adoption of the organization’s recommended user fees. The amended Chapter 7.08 will continue to incorporate by reference the San Diego County codes for “Noise abatement and control of animals” and “Animal control.” However, the amended version more clearly provides the city’s designated animal control authority, whether it is a public agency or other organization authorized by the City Council, with authority to conduct animal noise abatement and animal control services. The amended ordinance also gives the city’s animal control authority the ability to initiate summary abatement proceedings, as reasonably necessary, to reduce or remove public nuisances associated with animal control and enforcement. The amended ordinance further clarifies that any conflicting provisions in Chapter 7.08 will supersede the corresponding provisions in the county code ordinances. The amended ordinance also clarifies that user fees for animal control and regulation services will be adopted by a resolution of the City Council and cannot exceed the reasonable costs of providing such services. Ordinance No. CS-450 was introduced and first read at the City Council meeting held on July 18, 2023. On a motion by Mayor Pro Tem Bhat-Patel, seconded by Council Member Acosta, the City Council voted 5-0 to introduce Ordinance No. CS-450. The second reading allows the City Council to adopt the ordinance, which will become effective 30 days after its adoption. July 25, 2023 Item #7 Page 1 of 6 Fiscal Analysis There is no anticipated fiscal impact from this action. Next Steps The City Clerk Services Manager will have the ordinance, or a summary of the ordinance, published in a newspaper of general circulation within 15 days following adoption of the ordinance. Environmental Evaluation This action does not constitute a project within the meaning of the California Environmental Quality Act under California Public Resources Code Section 21065 in that it has no potential cause to either a direct or physical change or a reasonably foreseeable indirect physical change in the environment. Exhibits 1.Ordinance No. CS-450 July 25, 2023 Item #7 Page 2 of 6 Q8_DINANCE NO. CS-450 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING CARLSBAD MUNICIPAL CODE CHAPTER 7.08 RABIES, ANIMAL CONTROL AND REGULATION WHEREAS, on July 14, 2015, the City Council of the City of Carlsbad adopted Ordinance No. CS- 270 which amended Chapter 7.08 of the Carlsbad Municipal Code to adopt by reference the San Diego County Code of Regulatory Ordinance for "Noise abatement and control of animals" and "Animal control"; and WHEREAS, in 2018 the San Diego County Department of Animal Services stopped providing animal control services to incorporated areas of the county including the City of Carlsbad; and WHEREAS, since 2018 the City of Carlsbad has contracted with the San Diego County Humane Society for animal control services; and WHEREAS, it is necessary to amend Carlsbad Municipal Code Chapter 7.08 to more clearly provide for the city's designated animal control authority and to give the city's animal control authority the ability to initiate summary abatement proceedings, as reasonably necessary, to abate a public nuisance associated with animal control and enforcement; and WHEREAS, it is also necessary to amend Carlsbad Municipal Code Chapter 7.08 to clarify that any conflicting provisions in Chapter 7.08 will supersede the corresponding provisions in the county code of ordinances, and to clarify that user fees for animal control and regulation services will be adopted by council resolution and cannot exceed the reasonable costs of providing such services. NOW, THEREFORE, the City Council of the City of Carlsbad, California, ordains as follows that: 1.The above recitations are true and correct. 2.That Carlsbad Municipal Code Chapter 7.08 is amended to read as follows: Sections: 7.08.05 7.08.010 7.08.015 7.08.020 7.08.030 Chapter 7 .08 RABIES, ANIMAL CONTROL AND REGULATION Adopted by reference. Definitions. Animal control authority. Penalties for violation. Public nuisance and abatement. Exhibit 1 July 25, 2023 Item #7 Page 3 of 6 7.08.005 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 may be amended from time to time, 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. Any provisions of this County code section that conflict with any other provisions of this chapter shall be superseded by the provisions of this chapter. 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 may be amended from time to time, relating to animal control, is adopted by reference and incorporated as part of this code. Any provisions of this County code section that conflict with any other provisions of this chapter shall besuperseded by the provisions of this chapter. A copy of the referenced ordinance is on file in the city clerk's office. 7.08.010 Definitions. "Animal Control Authority" means a public agency or private organization authorized by the City Council to perform animal control services for the City of Carlsbad, including enforcing ordinances relating to the control, impoundment, and disposition of animals, as set forth in this chapter. Whenever the following terms appear within the text of the County codes incorporated by reference in Section 7.08.005, they shall have the following definitions: "County" means the City of Carlsbad. "County Animal Shelter'' means a facility operated by the Animal Control Authority to temporarily house animals that are relinquished by their owners, found at large, impounded or otherwise come into custody of the Animal Control Authority. "Department" or "County Department of Animal Services" means the City of Carlsbad or its agents or employees, or the Animal Control Authority. "Director'' or "Director of the County Department of Animal Services" means the executive officer of the Animal Control Authority or their designee. "Unincorporated areas of the County" means the City of Carlsbad. 7.08.015 Animal control authority. A.Authority for the city to contract for animal control services. The city may enter into a contract with an Animal Control Authority which shall be the city's designee for the administration and enforcement of this chapter. B.The powers and duties of the Animal Control Authority are to implement and enforce this chapter, including issuing administrative notices and citations and notices to appear in court, making arrests, and serving warrants pursuant to California Penal Code Section 830.9 and other applicable local or state law. C.Fees. 1.The Animal Control Authority is authorized to collect and deposit fees and fines on behalf of the city in accordance with applicable law and is not required to deposit these fees and fines with the City Treasurer. 2.The Animal Control Authority may waive or reduce fees when it determines that such programs benefit the public by encouraging animal adoption, helping prevent cruelty and neglect to animals, or providing animals in need with medical care, provided such waivers and fee reductions are consistent with applicable law. 3.All fees must not exceed the reasonable costs of providing all offered animal services and shall be assessed according to the established rates adopted by City Council resolution, and as mandated by state law. D.All administrative hearings under this chapter shall be conducted in accordance with Chapter 1.10 of this code, with the exception of dangerous dog hearings which shall be administered by the Animal Control Authority. July 25, 2023 Item #7 Page 4 of 6 7.08.020 Penalties for violation. The penalties for violating provisions of this chapter, including the County codes adopted and incorporated in Section 7.08.005, shall be as specified in Chapters 1.08 and 1.10 of this code, irrespective of whether the County codes specify that the violation is a misdemeanor or an infraction. In addition to these penalties, a court, if it finds it reasonably necessary to ensure animal or public health, safety, and welfare, may order a person convicted of any provision of the referenced ordinance classified as a misdemeanor to refrain from having any contact with animals of any kind for a period of up to three years. Furthermore, the court is permitted to require the convicted person to deliver all animals in their possession, custody, or control to the Animal Control Authority, or provide proof that they no longer have possession, care, or control of any animals. 7.08.030 Public nuisance and abatement. The bringing or maintenance within the city of any animals in contravention of this chapter is, in addition to being chargeable as a misdemeanor at the discretion of the Animal Control Authority, declared to be a public nuisance. The Animal Control Authority or the City Manager or designee is authorized, directed, and empowered to summarily abate any such public nuisance pursuant to the procedures of Chapter 6.16 of this code by any means reasonably necessary. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and the City Clerk shall certify the adoption of this ordinance and cause the full text of the ordinance or a summary of the ordinance prepared by the City Attorney to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption. July 25, 2023 Item #7 Page 5 of 6 INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the 18th day of�, 2023, and thereafter PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 25th day of�, 2023, by the following vote, to wit: AYES: NAYS: Blackburn, Bhat-Patel, Acosta, Burkholder, Luna. None. ABSTAIN: None. ABSENT: None. APPROVED AS TO FORM AND LEGALITY: � 1r &Jlldt� CINDIE K. McMAHON, City Attorney � KEITH BLACKBURN, Mayor f SHERRY FREISINGER, City Clerk (SEAL) \\\\\\\\\l\lllH111 /b\ .. C. A fJ 2'111111'1,, � � .. ·· � • .. .s'..,I'\,, �,_ ... �- • .. '¥� = ... ----�-� · .. '7 -:;; l'3t0:{�)Cli \ ··.7 :' ·,>.7 ... / j'%-04 ·············-'-'�-$ ''111,, LI FO'r-'-� /�"' 1""1111111\\'•'''''''' July 25, 2023 Item #7 Page 6 of 6