HomeMy WebLinkAbout97-19 - Amending Sections 7.04.100, 7.08.010, 7.08.040, 7.12.010, 7.15.010, and 7.16.050 of Title 7 of the Newport Beach Municipal Code, Pertaining to Animal Reports and PermitsORDINANCE NO. 97-19
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH AMENDING SECTIONS 7.04.100,
7.08.010, 7.08.040, 7.12.010, 7.15.010, AND 7.16.050 OF
TITLE 7 OF THE NEWPORT BEACH MUNICIPAL CODE,
PERTAINING TO ANIMAL REPORTS AND PERMITS.
The City Council of the City of Newport Beach does hereby ordain that certain
Newport Beach Municipal Code sections are amended to read, in full, as follows:
SECTION 1: Section 7.04.100 of Chapter 7.04 is amended to read as follows:
7.04.100 Biting Dog - Report - Custody and Control.
• Upon receiving a report from any person who has been bitten by a dog, or from
any person who has witnessed such occurrence, or has witnessed a dog who has
bitten another dog, a Newport Beach Animal Control Officer shall notify the owner,
possessor or custodian of the biting dog, in writing. If the Animal Control Officer
believes the dog may be potentially dangerous to the community, he /she may require
the owner to keep such dog at all times on the property or premises where such
owner, possessor, or custodian resides, or on the property or premises of any person
to whom the custody of such dog may be given, and to securely hold the dog or cause
the dog to be securely held by a leash or other device or means, so as to prevent the
dog from wandering, straying or getting beyond the control of its custodian.
If the possessor or custodian of such dog cannot provide the Chief of Police
with proof of current rabies vaccination or when, in the opinion of the Public Health
Officer, the situation warrants it, such dog shall be impounded at the City's animal
• shelter and the expense shall be borne by the owner, possessor or custodian of such
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dog, pending a petition pursuant to California Food and Agricultural Code §31601 et.
• seq. to have the dog declared potentially dangerous or vicious.
SECTION 2: Sections 7.08.010 and 7.08.040 of Chapter 7.08 are amended to
read as follows:
7.08.010 Wild Animal Defined.
The term "wild animal' shall mean and include any animal which may not be
imported, transported or possessed without first obtaining a California Department of
Fish and Game permit, as set forth in Title 14 of California Code of Regulations,
Section 671, or its successor regulations. This section shall not be construed to
include domestic dogs or cats.
• 7.08.040 Permit for Keeping Wild Animals.
A REQUIRED. Except as hereinafter provided, no person shall keep,
maintain, or have in his possession within the City of Newport Beach any wild animal
without first obtaining from the City of Newport Beach, a permit to keep such wild
animal. No poisonous reptile nor any wild animal which displays a propensity
towards vicious or dangerous behavior shall be permitted in Newport Beach. Prior to
applying for a Newport Beach animal permit, the person must have obtained a permit
from the California Department of Fish and Game, allowing the importation,
transportation and /or possession of such animal.
B. APPLICATION. An application for a permit required pursuant to this
section shall annually be made in writing to the City Manager upon a form furnished
by the City, and shall be accompanied by an application fee in an amount set by
• Resolution of the City Council. The application shall be verified by the person who
desires to keep, maintain or have in his possession, or under his control, in the City,
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the wild animal for which a permit is required, and shall set forth the following:
• 1. Name, address and telephone number of the applicant.
2. The applicant's interest in such wild animal.
3. The proposed location, and the name, address and telephone number
of the owner of such location, and of the lessee, if any.
4. The number and general description of all wild animals for which the
permit is sought.
5. Any information known to the applicant concerning vicious or dangerous
propensities of all such wild animals.
6. The housing arrangement for all such wild animals, with particular
details as to safety of structure, locks, fencing, etc.
7. Safety precautions proposed to be taken.
8. Noises or odors anticipated in the keeping of such wild animals.
• 9. Prior history of incidents involving the public health or safety involving any
of the wild animals.
10. A copy of the permit issued by California Department of Fish and Game
for keeping such wild animal.
11. Any additional information required by the Chief of Police at the time of
filing such application or thereafter.
C. CONDITIONS -- ISSUANCE. The! Chief of Police may issue a permit,
valid for one year, for the keeping of any wild animal if he determines that such animal
may be kept or maintained without menacing the safety of any person or property;
provided, however, that the City Manager may impose such conditions in granting a
permit as he may deem necessary to protect the. public and may limit the term of such
permit.
• D. NOTICE OF ACTION. The applicant shall be notified in writing of the
action of the Chief of Police in either granting or denying the permit and, if the
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application has been denied, the notice shall advise the applicant of his right to
• appeal to the City Council. Service of the notice may be made by personal service or
by registered mail. If service is made by mail, it shall be deemed complete upon
deposit in the United States' Mail directed to the applicant at his latest address shown
on the application.
SECTION 3: Section 7.12.010 of Chapter 7.12 is amended to read as follows:
7.12.010 Keeping of Livestock.
(a) No person shall keep any cow, pig, goat, horse, mule, poultry or any
other animal commonly considered livestock within the City except where specifically
permitted under the provisions of Title 20, Planning and Zoning, of this Code.
(b) Miniature pot - bellied pigs, weighing not more than 125 pounds, and
• registered with a nationally recognized miniature pig association, shall not be
considered livestock. Any person wishing to keep a miniature pot - bellied pig shall
first obtain a wild animal permit pursuant to Section 7.08.040 except the applicant will
not be required to obtain a California Fish and Game Permit. Each miniature pot-
bellied pig shall be spayed or neutered and a certificate of proof thereof shall be
provided prior to issuance of a Wild Animal Permit.
SECTION 4: Section 7.15.010 of Chapter 7.15 is amended to read as follows:
7.15.010 Birds.
No person shall keep or maintain in a cage or aviary out -of -doors within any
residential district in the City of Newport Beach any wild fowl or game bird except
• parakeets, canaries or similar size domesticated birds without first obtaining a
Newport Beach Wild Animal Permit as provided in Section 7.08.040 of the Newport
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Beach Municipal Code, except any person complying with this Section shall not be
• required to obtain a California Department of Fish and Game Permit.
SECTIONS: Section 7.16.050 of Chapter 7.16 is amended to read as follows:
7.16.050 Impound Fees.
The impounding fee for each dog or cat impounded pursuant to the provisions
of this Code shall be set by Resolution of the City Council.
SECTION 6: 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.
is 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 6: 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.
SECTION 7: This ordinance was introduced at a regular meeting of the City
Council of the City of Newport Beach, held on the 12th day of May , 1997, and
adopted on the 27th day of May , 1997, by the following vote, to wit:
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ATTEST:
CITY CLERK
Ord 97 -19
AYES, COUNCIL MEMBERS O'NEIL, THOMSON,
EDWARDS, GLOVER, NOYES, MAYOR DEBAY
NOES, COUNCIL MEMBERS
NONE
ABSENT COUNCIL MEMBERS HEDGES
MAYOR
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STATE OF CALIFORNIA }
COUNTY OF ORANGE
CITY OF NEWPORT BEACH }
I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do
hereby certify that the whole number of members of the City Council is seven; that the foregoing
ordinance, being Ordinance No. 97 -19 was duly and regularly introduced before and adopted by the
City Council of said City at a regular meeting of said Council, duly and regularly held on the 27th
day of May, 1997, and that the same was so passed and adopted by the following vote, to wit:
Ayes: O'Neil, Thomson, Edwards, Glover, Noyes, and Mayor Debay
Noes: None
Absent: Hedges
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 28th day of May, 1997.
(Seal)
City Clerk of the City of
Newport Beach, California
CERTIFICATE OF PUBLICATION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF NEWPORT BEACH )
I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby
certify that Ordinance No. 97 -19 has been duly and regularly published according to law and the
order of the City Council of said City and that same was so published in The Daily Pilot, a daily
newspaper of general circulation on the following date, to wit: May 31, 1997.
In witness whereof, I have hereunto subscribed my name this 6th day of
June '1997.
City Clerk of the City of
Newport Beach, California