HomeMy WebLinkAboutCC AG PKT 2011-04-25 #FAGENDA STAFF REPORT
DATE: April 25, 2011
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, Acting City Manager
FROM: Mark Persico, AICP, Director of Development Services
SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE
NO. 1609 AMENDING MUNICIPAL CODE SECTIONS
7.05.065 and 7.35.010 REGARDING NOISY ANMIALS
SUMMARY OF REQUEST:
Waive further reading and adopt Ordinance No. 1609, amending the Seal Beach
Municipal Code regarding noisy animals.
BACKGROUND AND ANALYSIS:
Per the direction of the City Council, attached is a draft ordinance that, if
adopted, would modify the Municipal Code regarding the enforcement of noisy
animals. Specifically, the ordinance expands the definition of what constitutes a
noisy animal and specifies how complaints will be enforced.
FISCAL IMPACT:
No impact at this time.
RECOMMENDATION:
Waive further reading and adopt Ordinance No. 1609, amending the Seal Beach
Municipal Code regarding noisy animals.
SUBMITTED BY:
Mark H. Persico, A P
Director of Development Services
NOTED AND APPROVED:
Jil . Ingram,
Acting City Manager
Attachment
A. Ordinance No. 1609
Agenda Item F
ATTACHMENT "A"
ORDINANCE NO. 1609 REGARDING NOISY ANIMALS
SEAL BEACH MUNICIPAL CODE
SECTIONS 7.05.065 AND 7.35.010
ORDINANCE NUMBER 1609
AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING
SECTIONS 7.05.065 AND 7.35.010 OF THE SEAL BEACH
MUNICIPAL CODE REGARDING KEEPING ANIMALS THAT
CREATE NOISE DISTURBANCES
THE CITY COUNCIL OF THE CITY OF SEAL BEACH ORDAINS AS FOLLOWS:
SECTION 1. Section 7.05.065 of the Seal Beach Municipal Code is hereby
amended to read as follows:
"A. No person shall keep, maintain, or permit on any lot
or parcel of land under his or her control or ownership, any animal
of any type, including any fowl, that makes any sound, noise, or cry
that due to a combination of its volume, pitch, pattern, or frequency
interferes with the comfortable enjoyment of life and property. Such
interference shall constitute a public nuisance and a noise
disturbance in accordance with this Title.
B. An animal is not deemed to interfere with the
comfortable enjoyment of life and property if the animal is making
noise due to a person or other animal that is trespassing or
threatening to trespass upon private property in or upon which the
animal is situated, or when the animal is being teased or provoked,
or is impounded at the City's animal shelter.
C. Any person authorized to enforce the requirements of
this chapter may do so on the basis of either his or her own direct
observation of a violation or written complaints, signed under
penalty of perjury, by two or more persons who reside in separate
residences and each personally witnessed the violation.
D. Nothing in this chapter shall establish standards for
private civil claims, in either civil court or small claims court, nor
shall this chapter preclude any person from pursuing a private civil
action in either civil or small claims court."
SECTION 2. Section 7.35.010.B.4.e of the Seal Beach Municipal Code is hereby
amended to read as follows:
"Keeping an animal that creates a noise disturbance in violation of
Section 7.05.065 of the Code."
SECTION 3. The City Clerk shall certify to the adoption of this ordinance.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal
Beach at a regular meeting held on the 25th day of April , 2011.
Mayor
ATTEST:
City Clerk
Ordinance Number 1609
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Linda Devine, City Clerk of the City of Seal Beach, do hereby certify that the
foregoing Ordinance was introduced for first reading at a regular meeting held on
the 11th day of April , 2011 and was passed, approved and adopted by
the City Council at a regular meeting held on the 25th day of April ,2011
by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSENT: Council Members:
ABSTAIN: Council Members:
And do hereby further certify that Ordinance Number 1609 has been published
pursuant to the Seal Beach City Charter and Resolution Number 2836.
City Clerk