HomeMy WebLinkAbout08-6 Amendment Relating to Animal RegulationsORDINANCE NO. 08-6
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA, CALIFORNIA, AMENDING TITLE 3
OF THE COSTA MESA MUNICIPAL CODE RELATING
TO ANIMAL REGULATIONS.
WHEREAS, chronically barking dogs can be highly disturbing to surrounding
residents and create a public nuisance; and
WHEREAS, chronically barking dogs may result from owner neglect :or abuse;
and
WHEREAS, the City has a substantial interest in protecting both the safety of
dogs and the peace and quiet of residents throughout the City;
WHEREAS, the current process for addressing barking dogs is cumbersome and
involves substantial delay; and
WHEREAS, a revision to the City's animal regulations is needed to specifically
address the problem of barking dogs and the public nuisance they create and to
streamline the complaint and citation system for barking dogs.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA
DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Title 3 of the Costa Mesa Municipal Code is hereby amended by
adding Section 3-8 to Chapter I, to read as follows:
Sec. 3-8. "Barking dog" defined.
"Barking dog" means a dog that barks, bays, cries, howls or makes any noise audible
beyond the boundaries of the property on which the dog is situated for an extended
period of time to the disturbance of any person at any time of day or night, regardless of
whether the dog is physically situated in or upon private property. Such extended period
of time shall consist of incessant barking, baying, crying, howling or making of any noise
for thirty (30) minutes or more in any twenty -four-hour period, or intermittent barking,
baying, crying, howling or making any noise for sixty (60) minutes or more during any
twenty -four-hour period. A dog shall not be deemed a "barking dog" for purposes of this
article if, at any time the dog is barking, a person is trespassing or threatening to
trespass upon private property in or upon which the dog is situated, or when the dog is
being teased or provoked.
Section 2. Title 3 of the Costa Mesa Municipal Code is hereby amended by..
adding Sections 3-113 and 3-114 to Chapter IV, Article 1, to read as follows:. ,
Sec. 3-113: Barking dog — Public nuisance.
The city council of the City of Costa Mesa hereby decrees that maintaining; keeping.
and/or permitting a barking dog, as defined in section 3-8 of this Code, on any premises
in the City of Costa Mesa constitutes a public nuisance. Every day the barking dog, .
violation exists beyond the ten day notice period to correct the problem, as set out in
Section 3-114 of this Code, shall be regarded as a new and separate offense.
Sec. 3-114. Barking dog — Enforcement.
(a) Any animal control officer or police officer has the authority to issue an
administrative citation pursuant to the procedures set forth in sections 1=34 through1-48
of this Code to any responsible person for a barking dog violation that the enforcement
officer did not see or hear based upon a complaint signed under penalty of perjury
lodged by a member of the community who has been disturbed by the barking dog. All
barking dog complaints shall be lodged with the Costa Mesa Police Department.
(b) Prior to issuing the administrative citation to the responsible person the
enforcement officer shall send a warning notice via registered or certified mail or shall
personally serve upon the responsible person a warning notice giving the responsible
person ten (10) days from the date of mailing or date of personal service in which to
abate the public nuisance caused by the barking dog.
(c) The administrative citation shall contain the information set forth in section 1-38 of
this Code.
(d) The responsible person shall have the right to appeal the administrative citation as
set forth in sections 1-42 throughl-47 of this Code.
(e) The procedures established in this section may be in addition to criminal, civil or
any other legal remedy established by law which may be pursued to address violations
of the municipal code.
Section 3. Any provision of the Costa Mesa Municipal Code or appendices
thereto inconsistent with the provisions of this Ordinance, to the extent of such
inconsistencies and no further, is hereby repealed or modified to that extent necessary
to effect the provisions of this Ordinance.
Section 4. If any section, subsection, sentence, clause, phrase or portion of
this ordinance 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 portions of this Ordinance. The City Council of the City of Costa Mesa
hereby declares that it would have adopted this Ordinance and each section,
subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any
one or more sections, subsections, sentences, clauses, phrases or portions be declared
invalid or unconstitutional.
Section 5. This Ordinance shall take effect and be .in full force thirty. (30) days
from and after the passage thereof, and .prior to the expiration of fifteen (15) days from
its passage shall be published once in the NEWPORT BEACH/COSTA MESA DAILY
PILOT, a newspaper of general circulation, printed and published in.the City of Costa
Mesa or, in the alternative, the City. Clerk maycause to be published a summary of this
Ordinance and a certified copy of the .text of this Ordinance shall be posted in the office
of the City Clerk five (5) days prior to the date of adoption of this Ordinance, and within
fifteen (15) days after adoption, the .City, Clerk shall cause to be published the
aforementioned summary and shall post in the office of the City Clerk a certified copy of
this Ordinance together with the names and member of the City Council voting for.and
against the same.
PASSED AND ADOPTED this 19th day of August, 2008.
ATTEST:
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JLA Folcik, 6ity Clerk
Eric B. Bever, Mayor
APPROVED AS TO FORM:
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Ki berly Wall Barlow, City Attorney
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I, JULIE FOLCIK, City Clerk of the City of Costa Mesa, DO HEREBY.CERTIFY
that the above and foregoing Ordinance No. 08-6 was duly introduced for first reading at
a regular meeting of the City Council held on the 5th. day of August, 2008, and that
thereafter, said Ordinance was duly passed and adopted at a regular meeting of the
City Council held on the 19th day of August, 2008, by the following roll call vote, to wit:
AYES: COUNCIL MEMBERS: BEVER, MANSOOR, LEECE
NOES: COUNCIL MEMBERS: DIXON, FOLEY
ABSENT: COUNCIL MEMBERS: NONE
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the
City of Costa Mesa this 20th day of August, 2008.
2 4c Z Z
JULI FOLCI , CITY CLERK
(SEAL),
I hereby certify that the above and foregoing is the original of Ordinance No. 08-6 duly
passed and adopted by the Costa Mesa City Council at the regular meeting held August
19, 2008, and that Summaries of the Ordinance were published in the Newport Beach -
Costa Mesa Daily Pilot on August 13, 2008 and August 27, 2008.
JULIE LCIK, CI Y CLERK