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HomeMy WebLinkAbout03 - Amending Animal Nuisancecola, is ridDA CITY OF NEWPORT BEACH NO. • CITY COUNCIL STAFF REPORT Q,7,-1320 Agenda Item No. 3 (January 23, 2007) TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Daniel K. Ohl, Deputy City Attorney ext. 3131, dohl @city.newport- beach.ca.us SUBJECT: AMENDING SECTION 7.20.010 OF TITLE 7 PERTAINING TO ANIMAL NUISANCE RECOMMENDATION: Introduce Ordinance No. 2007- _ and pass to second reading. Environmental Review: This is not a project under CEQA. ISSUE: • The Animal Control Division routinely receives complaints from citizens concerning noisy animals, the majority of which are barking. dogs. When attempts by animal control at cooperative resolution fails, administrative citations -are issued. The current language of the municipal code is not as specific as we would like in determining when a violation occurs. We have received information from another jurisdiction which has used the recommended language with success. It provides a standard which animal control can use to determine whether a violation exists continuous for ten minutes, intermittent for 30 minutes. It also requires that animal control consider the pitch, pattern and frequency of occurrence. Prepared & Submitted by: NATURE Daniel K. Ohl, Deputy City Attorney • Attachments: Ordinance ORDINANCE NO. 2007- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SECTION 7.20.010, OF TITLE 7 OF THE NEWPORT BEACH MUNICIPAL CODE, PERTAINING TO ANIMAL NUISANCE The City Council of the City of Newport Beach does hereby ordain that certain Newport Beach Municipal Code section is amended to read, in full, as follows: SECTION 1: Section 7.20.010 of Chapter 7.20 is amended to read as follows: Section 7.20.010 Noisy Animals. It is declared to be a nuisance for any person to keep, maintain or permit on any lot or parcel of land under his control; or ownership, any. animal of any tvge, including any fowl which by any fre uent or long continued sound, noise or cry shall ' 40 However. the Animal Control Officer or his or her agent may Droceed on the basis of a • com latnt of onl one erson if circumstances are determined. to exist where a nrnse disturbance cause an anima I affects only one individual. An noise which is audible continuous\ for to minutes or intennittentl or thi minutes shall be Drima facia evidence ot such annoyance or discomfort. a. pitch. Pattern. and C. frequency of occurrence. SECTION 2: If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional: SECTION 3: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the same to be published once in the official newspaper of the City, and it shall be effective thirty (30) days after its adoption.\ • Page 1 of 2 •SECTION 4: This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, held on the _ day of 0 , 2007, and adopted on the _ day of 2007, by the following vote, to wit: • AYES, COUNCILMEMBERS NOES, COUNCILMEMBERS ABSENT COUNCILMEMBERS MAYOR ATTEST: CITY CLERK F.\users\cat\da\ shared\ Ordinance 17.20.010animaftisance.doc Page 2 of 2