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HomeMy WebLinkAbout1173 ORDINANCE NO. 1173 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING THE ARCADIA MUNICIPAL CODE BY ADDING TO PART 3 OF CHAPTER 1 OF ARTICLE IV THEREOF A NEW DIVISION 9 ENTITLED 11 ANIMAL AND BIRD NUISANCES. 11 THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY DETERMINE AND ORDAIN AS FOLLOWS: SECTION 1. That the Arcadia Municipal Code is hereby amended by adding to Part 3 of Chapter 1 of Article IV thereof a new Division 9, the same to read as follows: ARTICLE IV. CHAPTER 1. PART 3. DIVISION 9. PUBLIC WELFARE, MORALS AND POLICY ANIMALS OTHER ANIMALS ANIMAL AND BIRD NUISANCES 4139.1. DECLARATION OF POLICY. The keeping of birds or animals including household pets, except as otherwise prohibited by any provision of this Code, is hereby declared to be only per- missive and to be at all times subject to the continuing regulation and control by the City. In no event shall any bird or animal be kept or maintained by any person at any location or in any manner or quantities so as to unreasonably disrupt or disturb the peace ) and quiet of any person or to interfere with the reasonable use of property or enjoyment of life by any person, or unreasonably to cause damage, destruction, detriment or impairment to public or private property or to the value thereof, or to cause unreason- able annoyance or disturbance to any other person or persons or to unreasonably cause offense to the senses of another person or persons, or to Jeopardize or impair the mental or physical health of any other person or persons by reason of noise, odor, filth, vermin or other causes. 3-19-62 -1- 1173 4139.2. COMPLAINT.. When a complaint has been made to the Manager by any Police Officer or by any three or more persons that one or more birds or animals are being kept in such a loca- tion, in such quantities or in such a manner as to unreasonably disrupt or,disturb the peace and quiet of any person or to inter- fere with the reasonable use of property or enjoyment of life by any person, or unreasonably to cause damage, destruction, detri- ment or impairment to public or private property or to the value thereof, or to cause unreasonable annoyance or disturbance to any other person or persons or to unreasonably cause offense to the senses of another person or persons, or to jeopardize or impair the mental or physical health of any other person or persons by reason of noise, odor, filth, vermin or other causes, the Manager shall cause an investigation of such complaint to be made. SAME. 4139.2.1. INOTICE. If from such investigation the Mana- ger determines that the keeping of one or more animals or birds in the location, manner or quantity unreasonably causes any of- fense to another person or persons described in the preceding Section, the Manager shall notify the person owning, maintaining or in charge of the same that in his opinion such keeping or maintaining of birds or animals constitutes a nuisance, advising the person as to what manner, location or quantity the same may be kept without constituting a nuisance and notifying such person that unless the location, quantity or manner of keeping such birds or animals is within ten days after such notice altered to conform to the Manager's recommendation that the Manager shall request the Council to declare such keeping of animals or birds to be a nuisance as hereinafter provided. 3-19-62 -2- 1173 SAME. 4139.2.2. IAPPEAL. Any complainant aggrieved by any provision of such recommendation of the Manager may appeal there- from in writing to the Council. In the event such an appeal is taken, the Council may hold a public hearing thereon in the same manner as hereinafter provided with respect to a p~blic hearing on the report of the Manager made pursuant to the following Section. SAME. 4139.2.3./ REPORT TO COUNCI1. If within ten days after notice from the Manager, the location, manner of keeping or quan- tity of birds or animals is not altered or discontinued so as to conform with the recommendations of the Manager, the Manager shall cause the written complaint upon which such investigation was made together with a complete resume of the investigation made and the results thereof together with a copy of the Manager's notice and recommendations, to be presented to the Council. 4139.3. PUBLIC HEARING. NOTICE, If determined by the Council to be in the public interest, the Council shall fix a time, date and place for a public hearing to be held on the matter of such complaint, investigation, report and recommendation. Notice of the date, time, place and purpose of such hearing shall be given by registered mail to all complainants and to the person owning, maintaining or in charge of the birds or animals with respect to which complaint was made. In addition, a copy of such notice shall be personally served upon the person owning, maintain- ing or in charge of the birds or animals complained of if he can be found within the City, and if he cannot be so found then a copy thereof shall be posted in a conspicuous place upon the premises at which such birds or animals are kept or maintained. The giving of notice as herein prescribed shall be completed at least ten days prior to the time fixed for such public hearing. 3-19-62 -3- 1173 4139.3.1. cAME. CONDUCT. At such hearing, the Council shall receive and consider the complaint, report and recommendations of the Manager, and all relevant testimony concerning the keeping or maintaining of birds and animals complained of. The person owning, keeping or maintaining birds or animals shall be entitled to be represented by counsel, to produce witnesses and testimony in support of the propriety of the keeping or maintaining of such birds and animals. Any such hearing may be continued from time to time. SAME. 4139.3.2. jnETERMINATION. Within fifteen (15) days ,~fter - the conclusion of any such hearing, the Council shall by resolution determine from the evidence presented whether or not the keeping or maintaining of birds or animals in the manner, location or quantity complained of constitutes a nuisance. If it determines that such keeping or maintaining is a nuisance, it shall likewise specify the time within which such keeping or maintaining shall be discontinued or the time and manner wherein such keeping or main- taining shall ge so 4139.3.3. altered so aS,not to constitute a nuisance. SAME. SAME.j NOTICE. Within forty-eight (48) hours after the adoption of a resolution pursuant to the preceding Sec- tion, the Manager shall cause a certified copy of such resolution to be served ,upon each person owning, maintaining or in charge of any bird or animal therein described, by personal service thereof on each such person if he can be found within the City, or if he cannot be so found then by posting a certified copy thereof in a conspicuous place upon the premises at which any such bird or ani- mal is owned, kept or maintained. 4139.4. V1~LATION. After ser~ce of notice as pre- scribed in the preceding Section, any person keeping or maintain- ing any bird or animal beyond the time thus specified by the Council in any manner, location or quantity other than thus 3-19-62 -4- 1173 specified by the Council shall be guilty of a misdemeanor, and shall be liable to prosecution by complaint charging a violation of this Section. 4139.5. ABATEMENT. If any provision of the resolution adopted pursuant to Section 4139.3.2 be not complied with:,within the time therein specified, and irrespective of whether or not a criminal complaint is issued or prosecuted under Section 4139.4, the Council may order the Manager to abate the nuisance and for such purpose, the Manager may enter upon the premises and relocate the animals or birds thereon or remove the animals or birds there- from. SAME. 4139.5.1. IDISPOSAL OF BIRDS OR ANIMALS. All birds or animals removed pursuant to the preceding Section shall be deli- vered to the pound master for safekeeping or disposal pursuant to Part 1 of this Chapter. After completion of any such relocation or removal, the Manager shall prepare and transmit to the Council a statement of the costs and expenses of such relocation or re- moval, which costs and expenses shall include administrative overhead expenses. The Manager shall also transmit by registered mail or by 'personal delivery a copy of such costs and expenses to the person against whom the same is to be charged, together with the notice of the time and place at which the Council shall con- sider and pass upon such statement of costs and expenses, which time shall not be less than ten (10) days after such service of the notice herein described. At the time specified in such notice, the Council shall consider the costs and expenses incurred in such relocation or removal and by resolution shall determine the amount of such costs and expenses and shall order and shall cause the same to be paid and levied as a special assessment against the real property upon which the work was performed. 3-19-62 -5- 1173 4139.5.2. NOTICE OF LIEN. In addition to the foregoing, the Manager may execute a Notice of Lien describing the real prop- erty upon which any work was performed under the preceding Section, the authority under which such ,work was done, the cost of such work as determined by the Council, and spec1fying that such amount shall bear interest at the rate of six percent (6%) per annum from date of the Council's determination of cost until the same is paid, and may record the same in the office of the County Recorder. ~139.6. APPLICATION. Subject to the limitation speci- fied in Part 1 of Chapter 5 of Article VI of this Code, this Part . shall not be construed to preclude the keeping or maintain~ng of birds or animal~ in accordance with the provisions of Chapter 6 of Article V of the Code, in the amounts and at locations specifi- cally permitted by any provision of this Code. SECTION 2. The City Clerk shall certify ,to the adoption of this Ordinance. I HEREBY CERTIFY that the foregoing ordinance was adopted at a regular meeting of the City Council of the City of Arcadia held on the 17th day of April , 1962, by the affirmative vote of at least three Councilmen, to wit: AYES: Councilmen Balser, Phillips, Reibold and Butterworth NOES: None ABSENT: None ABSTAINING: Councilman Z;~1it~;~~i~ SIGNED AND APPROVED this 17th day of April ,1962. ATrEST, ,.C '., '!1 $1'. TJ~P::- /J ~:l~~/~~,~~ May~ ~he' ~, 0 Arca ia ~/~)7/.ue~ Ci ty .Clerk ~' '2 (SEAL:) . -, ::: -- -; ~ 6 ,~ I \ - -, 1173 '. ..... ......~' , ~