HomeMy WebLinkAbout03 - Animal NuisanceCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
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 i£ Submitted by.
NATURE
Daniel K. Ohl,
Deputy City Attorney
Attachments: Ordinance
ORDINANCE NO. 2007m
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
a. pitch,
b. pattern, and
C. freguency 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.\
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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 , 2007, and adopted on the
day of 2007, by the following vote, to wit:
AYES, COUNCILMEMBERS
NOES, COUNCILMEMBERS
ABSENT COUNCILMEMBERS
MAYOR
ATTEST:
CITY CLERK
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