HomeMy WebLinkAbout2023-01 - Police Chief power to grant or deny special animal permitsORDINANCE NO. 2023-01
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA
AMENDING SECTION 3-151 OF CHAPTER VI TO TITLE 3, ANIMAL REGULATIONS,
OF THE COSTA MESA MUNICIPAL CODE RELATING TO APPEALS FROM ACTION
OF POLICE CHIEF.
WHEREAS, the Costa Mesa Police Chief is granted various powers under Chapter
VI (Special Animal Permit), including the power to issue permits, to grant or deny
applications for permits, and to revoke or suspend such permits; and
WHEREAS, any person aggrieved by an action taken by the Chief of Police
pursuant to this Chapter has an appeal right; and
WHEREAS, currently, Section 3-151 requires an appeal of a decision made under
Chapter VI be directed to the City Council; and
WHEREAS, the City Council finds that to create uniform appeal procedures across
the City of Costa Mesa and to improve the efficiency of the appeal process under Chapter
VI, any appeal under Section 3-151 shall be to the City Manager; and
NOW, THEREFORE, THE COSTA MESA CITY COUNCIL DOES HEREBY
ORDAIN AS FOLLOWS:
Section 1. Chapter VI (Special Animal Permit) of Title 3 (Animal Regulations) of
the Costa Mesa Municipal Code is hereby amended to read as follows:
3-151. Appeals from action of police chief.
(a) If any person is aggrieved by any action of the police chief taken pursuant to this
chapter, such person may appeal to the city manager by filing with the city clerk a
statement addressed to the city manager setting forth the facts and circumstances
regarding the action or failure to act on the part of the police chief. The city clerk shall
notify the applicant in writing by registered mail of the time and place set for hearing the
appeal. The city manager shall hold a hearing and determine the merits of the appeal,
and may sustain, overrule or modify the action of the police chief. The decision of the city
manager shall be final.
(b) The right to appeal to the city manager from any action or decision of the police chief
under this chapter shall terminate upon the expiration of fifteen (15) days following the
giving of notice to the applicant advising him of the action of the police chief. (Ord. No.
07-16, § 1, 8-7-07)
Section 2. Environmental Compliance. Pursuant to the provisions of the
California Environmental Quality Act ("CEQA") (California Public Resources Code
Sections 21000 et seq.) and State CEQA guidelines (Sections 15000 et seq.) the
Ordinance No. 2023-01 Page 1 of 3
ordinance is not a "project" and further, that it can be seen with certainty that there is no
possibility that the ordinance in question may have a significant effect on the environment,
either directly or indirectly, and that therefore no environmental review under the CEQA
is required, pursuant to CEQA Guidelines Section 15061(b)(3). In addition, the
Ordinances is exempt pursuant to CEQA Guidelines Section 15308 (Class 8, Actions by
Regulatory Agencies for the Protection of the Environment) because the adoption of this
Ordinance is required to comply with state law in order to protect the environment.
Section 3. Inconsistencies. Any provision of the Costa Mesa Municipal Code or
appendices thereto inconsistent with the provisions of the Ordinance, to the extent of such
inconsistencies and no further, are repealed or modified to that extent necessary to affect
the provisions of this Ordinance.
Section 4. Severability. If any chapter, article, section, subsection, subdivision,
sentence, clause, phrase, word, or portion of this Ordinance, or the application thereof to
any person, is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portion of this Ordinance or its application to other persons. The City Council hereby
declares that it would have adopted this Ordinance and each chapter, article, section,
subsection, subdivision, sentence, clause, phrase, word, or portion thereof, irrespective
of the fact that any one or more subsections, subdivisions, sentences, clauses, phrases,
or portions of the application thereof to any person, be declared invalid or unconstitutional.
No portion of this Ordinance shall supersede any local, State, or Federal law, regulation,
or codes dealing with life safety factors.
Section 5. Certification. After this ordinance is approved by a majority vote of the
City Council, the Mayor and City Clerk shall certify that the ordinance was approved by a
majority vote. The City Clerk shall file one copy of the approved ordinance with the Orange
County Clerk -Recorder's office, one copy with the Orange County Registrar of Voters and
keep one copy in the City's archive. The City Clerk shall certify to the passage and
adoption of this ordinance and shall cause the same to be published in the manner
required by law.
Section 6. Effective Date. This Ordinance shall become effective on the thirty-
first day after its passage.
Ordinance No. 2023-01 Page 2 of 3
PASSED, APPROVED AND ADOPTED this 71" day of February, 2023.
ATTEST:
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Brenda Gree , City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF COSTA MESA )
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APPROVED AS TO FORM:
fmAerly Hal arl�owr,C Attorney
I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY
that the above and foregoing Ordinance No. 2023-01 was duly introduced and given first
reading at a regular meeting of the City Council held on January 17, 2023 and adopted
at a regular meeting of the City Council held on the 7th day of February, 2023, by the
following roll call vote, to wit:
AYES: COUNCIL MEMBERS: CHAVEZ, GAMEROS, HARPER, MARR, REYNOLDS,
HARLAN, AND STEPHENS.
NOES: COUNCIL MEMBERS: NONE.
ABSENT: COUNCIL MEMBERS: NONE.
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the
City of Costa Mesa this 8th day of February, 2023.
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BRENDA GRE N, CITY CLERK
Ordinance No. 2023-01 Page 3 of 3