HomeMy WebLinkAbout89-8 - Amending Sections 7.04.020, 7.04.025, 7.04.030, 7.04.040, 7.04.055, 7.04.090, 7.06.010, 7.10.010, 7.20.020 and 7.20.050 of Newport Beach Municipal Code Pertaining to Regulation of Animals in City of Newport BeachJ;7: }�2Ia�2C�si2U7�:L�:
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF NEWPORT BEACH AMENDING SECTIONS
7.04.020, 7.04.025, 7.04.030, 7.04.040,
7.04.055, 7.04.090, 7.06.010, 7.10.010,
7.20.020 AND 7.20.050 OF THE NEWPORT
BEACH MUNICIPAL CODE PERTAINING TO
REGULATION OF ANIMALS IN THE CITY OF
NEWPORT BEACH,
The City Council of the City of Newport Beach does hereby
ordain as follows:
Section 1: Section 7.04.020 of the Newport Beach
Municipal Code shall be amended to read as follows:
Section 7.04.020. Leash Required.
No person having the care, charge or control of any dog
shall cause or allow, either wilfully or through failure to
exercise due care or control, such dog to be present upon any
beach, street, alley, or public place, or upon any private
property or premises other than his or her own without written
consent of the owner or lessee of such land unless such dog is
securely restrained by a substantial leash or chain not exceeding
six feet in length and controlled by a person competent to
restrain such dog. This Section shall not be construed as
allowing dogs on leashes in the areas from which dogs are
prohibited as designated by Sections 7.04.025, 7.04.030, and
7.04.050.
Section 2: Section 7.04.025 of the Newport Beach
Municipal Code shall be added to read as follows:
Section 7.04.025. Prohibited on School Grounds.
No person having the care, charge or control of any dog
shall cause or allow, either wilfully or through failure to
exercise due care or control, such dog to be present on or in any
public school property other than when specifically invited by the
school administration.
The prohibitions contained in this Section shall not be
applicable to any guide dog while being used by a blind person
provided that the dog is on leash, carries clearly visible
identification, and the person in charge has an official
identification card issued for such purposes.
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Section 3: Section 7.04.030 of the Newport Beach
Municipal Code shall be amended to read as follows:
Section 7.04.030. Prohibited on Public Beaches.
During the period from June 15 to September 15, no person
having the care, charge or control of any animal shall permit or
•allow any such animal to be, under any circumstances or
conditions, on or upon any ocean front beach, ocean front
sidewalk, or bay front beach, in the City of Newport Beach.
During the period from September 15 to June 15, no person
having the care, charge or control of any animal shall permit or
allow any such animal to be, under any circumstances or
conditions, on or upon any ocean front beach or ocean front
sidewalk between the hours of 9:00 a.m. until 5:00 p.m., unless
otherwise specified by resolution of the City Council, or at any
time upon bay front beaches in the City of Newport Beach. The
prohibitions contained in this Section shall not be applicable to
dogs while they are enrolled and participating in obedience
classes sponsored by the Recreation Department of the City, or in
• City- authorized dog shows; or to any guide dog while being used by
a blind person; or to any dog being trained to be a guide dog for
the blind under a recognized program for such training, provided
that the dog is on leash, carries clearly visible identification,
and the person in charge has an official identification card
issued for such purposes.
Section 4: Section 7.04.040 of the Newport Beach
Municipal Code shall be deleted.
Section 5: Section 7.04.055 of the Newport Beach
Municipal Code shall be amended to read as follows:
Section 7.04.055. Penalty.
It shall be unlawful for any person to violate or fail to
comply with the provisions of Sections 7.04.020, 7.04.030, or
7.04.050 of this Code. Any person violating or failing to comply
with any of the provisions of said Sections shall be guilty of an
infraction.
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Any person convicted of violating or failing to comply
with any of the provisions of said Sections shall be punishable by
the fines as is specified in the currently adopted Uniform
Infraction Bail Schedule used by the Orange County Municipal
Courts.
Section 6: Section 7.04.090 of the Newport Beach
Municipal Code shall be amended to read as follows:
Section 7.04.090. Kennel License Fee.
Every person who harbors more than three (3) dogs over the
age of three (3) months on any premises in the City, except on
business premises on which a licensed business is operated which
reasonably includes keeping dogs, shall be deemed to have a dog
kennel. All persons owning or operating a dog kennel must obtain
a kennel license, from the license division, for a fee which shall
be established by Resolution of the City Council.
Section 7: Section 7.06.010 of the Newport Beach
Municipal Code shall be amended to read as follows:
Parks. Section 7.06.010. Horses Prohibited on Beaches and
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No person having the care, charge or control of any
horse, mule or donkey shall permit or allow such animal to be
present upon any beach or public park in the City.
Section 8: Chapter 7.10 and Section 7.10.010 of the
Newport Beach Municipal Code pertaining to Cats and License Tag is
hereby deleted.
Section 9: Section 7.20.020 of the Newport Beach
Municipal Code shall be amended to read as follows:
Section 7.20.020. Nuisances Committed by Animals.
It shall be unlawful for the owner or person having
charge, custody or control of any animal to permit, either
wilfully or through failure to exercise due care or control, such
animal to commit any nuisance and to allow such nuisance to
thereafter remain on any public sidewalk, public beach or park or
any other public property or on any private property other than
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that of the owner or person who has custody or control of such
animal.
Section 10: Section 7.20.050 of the Newport Beach
Municipal Code shall be added to read as follows:
Section 7.20.050 Maintaining Sanitary Conditions.
-1 0 Every person owning or occupying any property or premises
where any animal or bird is kept, shall keep such premises clean
and sanitary. Any feces, uneaten food, or other matter that emits
an offensive odor or encourages the breeding of flies or other
insects shall be collected daily and not allowed to accumulate.
This provision shall not prohibit the owner of occupant of any
premises from storing such feces, uneaten food, or other matter in
a closed container prior to disposal.
Section 11: 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
within fifteen (15) days after its adoption.
Section 12: This Ordinance was introduced at a regular
.� meeting of the City Council of the City of Newport Beach held on
the 24th day of April , 1989, and adopted on the 8th day of
May , 1989, by the following vote, to -wit:
ATTEST:
C Y CLERK �
AYES, COUNCILMEMBERS TURNER, SANSONE,
PLUMMER, STRAUSS, HART, COX, WATT
NOES, COUNCILMEMBERS NONE
ABSENT COUNCILMEMBERS NONE
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