HomeMy WebLinkAboutCC AG PKT 2013-10-28 #DrF SEA( e�ti
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AGENDA STAFF REPORT
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DATE: October 28, 2013
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Quinn M. Barrow, City Attorney
SUBJECT: ORDINANCE TO PROHIBIT THE KEEPING OF PIGS
OF ANY SIZE, KIND, OR SEX
SUMMARY OF REQUEST:
That the City Council consider introducing proposed Ordinance No. 1633, which
would amend Section 7.05.120 of the Municipal Code to prohibit the keeping of
pigs of any size, kind, or sex.
BACKGROUND AND ANALYSIS:
Section 7.05.120 of the Municipal Code prohibits the keeping of certain animals
within the City. It currently states:
"No person shall keep any of the following animals: cattle; hogs;
fowl; goats; horses; or mules."
It has recently been determined that use of the term "hog" inadvertently limited
this Section to pigs that weigh over 120 pounds, which is too narrow for effective
Code enforcement.
The proposed ordinance would therefore amend Section 7.05.120 to read as
follows:
"No person shall keep any of the following animals: cattle; hogs;
fowl; goats; horses; or-mules; or pips regardless of size, kind, or
sex."
Staff has also considered whether the entirety of Section 7.05.120 should be
revised to further clarify and expand -the range of prohibited animals. If the City
Council determines that this is necessary, then staff will return at a later date with
another proposed ordinance.
Agenda Item Q
ENVIRONMENTAL IMPACT:
This proposed ordinance is exerript 'From review under the California
Environmental Quality Act (California Public Resources Code § 21000, et seq.,
"CEQX) and CEQA regulations (14 California Code of Regulations § 15000, et
seq.) because it would not allow the keeping of any animal that is currently
prohibited by law. Pursuant to Section 15061(b)(3) of the CEQA Guidelines, it
can therefore be seen with certainty that there is no possibility that the ordinance
may have a significant effect on the environment.
LEGAL ANALYSIS:
The City Attorney has reviewed the draft ordinance and approved it as to form.
FINANCIAL IMPACT:
There is no financial impact to the City as a result of this proposed action.
RECOMMENDATION:
It is recommended that the City Council introduce Ordinance No. 1633 and direct
staff to schedule a second reading of the same.
SUBMITTED BY:
XQuinnB
Attachments:
A. Ordinance No. 1633
Page 2
NOTED AND APPROVED:
J II Ingram, City Mt ger
AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING
THE SEAL BEACH MUNICIPAL CODE TO PROHIBIT THE
KEEPING OF PIGS OF ANY SIZE, KIND, OR SEX
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS
FOLLOWS:
Section 1. Section 7.05.120 of the Seal Beach Municipal Code is
hereby amended to read as follows:
"No person shall keep any of the following animals: cattle; hogs;
fowl; goats; horses; mules; or pigs of any size, kind, or sex."
Section 2. The City Council finds, in its independent judgment, that this
Ordinance is exempt from review under the California Environmental Quality Act,
Cal. Pub. Res. Code § 21000 et seq. ("CEQA"), and the state CEQA Guidelines,
14 C.C.R. § 15000 et seq., because it would not allow the keeping of any animal
that is currently prohibited by law. Pursuant to Section 15061(b)(3) of the CEQA
Guidelines, it can therefore be seen with certainty that there is no possibility that
this Ordinance may have a significant effect on the environment.
Section 3. The City Clerk shall certify to the passage and adoption of
this Ordinance and shall cause the same or a summary thereof to be published
and posted in the manner required by law.
Mayor
ATTEST:
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE SS
CITY OF SEAL BEACH
1, 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 28th day of October , 2013 and was passed, approved and adopted by
the City Council at a—regular meeting held on the —day of_, 2013 by
the following vote:
AYES: Council Members:
NOES: Council Members:
ABSENT: Council Members:
ABSTAIN: Council Members:
And do hereby further certify that Ordinance Number 1633 has been published
pursuant to the Seal Beach City Charter and Resolution Number 2836.
City Clerk