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ORDINANCE NO. 2007-1 <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF <br />NEWPORT BEACH AMENDING SECTION 7.20.010, OF <br />TITLE 7 OF THE NEWPORT BEACH MUNICIPAL CODE, <br />PERTAINING TO ANIMAL NUISANCE <br />The City Council of the City of Newport Beach does hereby ordain that certain Newport <br />Beach Municipal Code section is amended to read, in full, as follows: <br />SECTION 1: Section 7.20.010 of Chapter 7.20 is amended to read as follows: <br />Section 7.20.010 Noisy Animals. <br />It is declared to be a nuisance for any person to keep, maintain or permit on any lot or <br />parcel of land under his control or ownership, any animal of any type, including any fowl <br />which by any frequent or long continued sound, noise or cry shall cause annoyance or <br />discomfort to two or more reasonable persons of normal sensitivity who reside in <br />separate residences (including apartments and /or condominiums.)(1949 Code § 4118) <br />However, the Animal Control Officer or his or her agent may proceed on the basis of a <br />complaint of only one person if circumstances are determined to exist where a noise <br />disturbance caused by an animal affects only one individual. Any noise which is audible <br />continuously for ten minutes or intermittently for thirty minutes shall be prima facia <br />evidence of such annoyance or discomfort. <br />The factors which should be considered in determining whether a violation has been <br />committed include, but are not limited to: <br />a. pitch, <br />b. pattern, and <br />C. frequency of occurrence. <br />SECTION 2: If any section, subsection, sentence, clause or phrase of this ordinance is, <br />for any reason, held to be invalid or unconstitutional, such decision shall not affect the <br />validity or constitutionality of the remaining portions of this ordinance. The City Council <br />hereby declares that it would have passed this ordinance, and each section, subsection; <br />clause or phrase hereof, irrespective of the fact that any one or more sections, . <br />subsections, sentences, clauses and phrases be declared unconstitutional. <br />SECTION 3: The Mayor shall sign and the City Clerk shall attest to the passage of this <br />ordinance: The City Clerk shall cause the same to be published once in the official. <br />newspaper of the City, and it shall be effective thirty (30) days after its adoption.\ <br />SECTION 4: This ordinance was introduced at a regular meeting of the City Council of the <br />City of Newport Beach, held oh the 23rd day of January 2007, and adopted on the 13th <br />day of. February, 2007, by the following vote, to wit:. <br />