HomeMy WebLinkAbout2007-1 - Amending Section 7.20.010 of Title 7 of the Newport Beach Municipal Code, Pertaining to Animal NuisanceORDINANCE NO. 2007-1
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 type, including any fowl
which by any frequent or long continued sound, noise or cry shall cause annoyance or
discomfort to two or more reasonable persons of normal sensitivity who reside in
separate residences (including apartments and /or condominiums.)(1949 Code § 4118)
However, the Animal Control Officer or his or her agent may proceed on the basis of a
complaint of only one person if circumstances are determined to exist where a noise
disturbance caused by an animal affects only one individual. Any noise which is audible
continuously for ten minutes or intermittently for thirty minutes shall be prima facia
evidence of such annoyance or discomfort.
The factors which should be considered in determining whether a violation has been
committed include, but are not limited to:
a. pitch,
b. 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.\
SECTION 4: This ordinance was introduced at a regular meeting of the City Council of the
City of Newport Beach, held oh the 23rd day of January 2007, and adopted on the 13th
day of. February, 2007, by the following vote, to wit:.
I
CITY CLERK
AYES, COUNCILMEMBERS Henn, Curry, Selich,
Webb, Daigle, Gardner, Mayor Rosansky
NOES, COUNCILMEMBERS None
ABSENT COUNCILMEMBERS None
MAYOR
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. 2007 -1 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 13th
day of February 2007, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Henn, Curry, Selich, Webb, Daigle, Gardner, Mayor Rosansky
Noes: None
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 14th day of February 2007.
(Seal)
City Clerk
City of Newport Beach, California
CERTIFICATE OF PUBLICATION
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 Ordinance No. 2007 -1 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: February 17, 2007.
In witness whereof, I have hereunto subscribed my name this day of rG' &-U.Q6'c
2007. 2< C. M
City Clerk
City of Newport Beach, California