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HomeMy WebLinkAboutCC AG PKT 2011-04-11 #A AGENDA STAFF REPORT DATE: April 11, 2011 TO: Honorable Mayor and City Council THRU: Jill R. Ingram, Acting City Manager FROM: Mark Persico, AICP, Director of Development Services SUBJECT: INTRODUCE ORDINANCE NO. 1609 AMENDING MUNICIPAL CODE SECTIONS 7.05.065 and 7.35.010 REGARDING NOISY ANMIALS SUMMARY OF REQUEST: Introduce Ordinance No. 1609 amending the Seal Beach Municipal Code regarding noisy animals. BACKGROUND: 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. FINANCIAL IMPACT: There are no direct costs associated with adoption of the Ordinance. Long Beach Animal Control will continue to provide the service under the existing contract for $113,000 annually. ANALYSIS: Over the past few months there has been an issue with noisy animal complaints; and how they are received and processed. The proposed ordinance clarifies what constitutes a public nuisance and how the City (or Long Beach Animal Control under contract) will enforce against animal owners that create a public nuisance. A strikethrough version of the Ordinance indicating the specific changes being proposed is attached. Agenda Item A Page 2 RECOMMENDATION: That the City Council introduce Ordinance Number 1609 amending the Municipal Code regarding noisy animals. SUBMITTED BY: NOTED AND APPROVED: t —' A ? 0 i< - clam Mark H. Persico, A P T I R. Ingram, • Director of Development Services Acting City Manager Attachments: A. Ordinance No. 1609 B. Strikethrough Version of Ordinance • ATTACHMENT "A" ORDINANCE NO. 1609 AN ORDINANCE OF THE CITY OF SEAL BEACH REGARDING NOISY ANIMALS 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. 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 day of , 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 day of ,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 Page 4 ATTACHMENT "B" STRIKETHROUGH VERSION OF ORDINANCE SECTION 1. Section 7.05.065 of the Seal Beach Municipal Code is hereby amended to read as follows: § 7.05.065 Noisy Animals. No percon shall kccp an animal that by cound or cry intcrfcrcs with the "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 enioyment 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 enioyment 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. 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: laropeFty "e. Keeping an animal that creates a noise disturbance in violation of Section 7.05.065 of the Code."