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HomeMy WebLinkAbout1691 EFFECTIVE 1Z--2/-79' ORDINANCE NO. l69l AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA AMENDING DIVISION 9, PART 3, CHAPTER 1 OF ARTICLE IV OF THE ARCADIA MUNICIPAL CODE TO AUTHORIZE THE CHIEF OF POLICE TO CONDUCT HEARINGS ON ANIMAL NUISANCE COMPLAINTS. THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY DETERMINE AND ORDAIN AS FOLLOWS: SECTION l. That the Arcadia Municipal Code is hereby amended by amending Division 9 of Part 3 of Chapter 1 of Article LV thereof to read as follows: "ARTICLE IV. CHAPTER 1. PART 3. DIVISION 9. PUBLIC WELFARE, MORALS AND POLICY ANIMALS OTHER ANIMALS ANIMAL AND BIRD NUISANCES 4l39.l. 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. -l- l69l 4139.2. COMPLAINT. When a complaint has been made tothe Chief of Police 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 Chief of Police may cause an investigation of such complaint to be made. SAME. 4l39.2.l. !NOTICE. If from such investigation the Chief of Police 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 Chief of Police shall notify the person owning, mainte.ining 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 Chief of Police's recommendation that the Chief of Police' shall hold a public hearing to determine whether or not to declare such keep- ing of animals or birds to be a nuisance as hereinafter provided. -2- l69l 4l39.3. PUBLIC HEARING. NOTICE. If within ten days after notice from the Chief of Police, the location, manner of keeping or guantity of birds or animals is not altered or discon- tinued so as to conform with the recommendations of the Chief of Police, the Chief of Police shall fix a time, date and place for a public hearing to be held on the matter of such complaint, in- vestigation, 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, maintaining 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 con- spicuous 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. 4139.3.1. SAME. CONDUCT. At such hearing, the Chief of Police shall receive and consider the complaint, reports, and all relevant testimony concerning the keeping or maintaining of birds and animals complained of. The person owning, keeping or maintaining birds and 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. 4l39.3.2. SAME. DETERMINATION. Within fifteen (l5) days after the conclusion of any such hearing, the Chief of Police shall issue findings of fact and determine from the evidence pre- sented whether or not the keeping or maintaining of birds or animals in the manner, location or quantity complained of constitutes a , nuisance. If he determines that such keeping or maintaining is a nuisance, he shall likewise specify the time within which such -3- 169l keeping or maintaining shall be discontinued or the time and manner wherein such keeping or maintaining shall be so altered so as not to constitute a nuisance. 4l39.3.3. SAME. SAME. NOTICE. After he signs the findings of fact pursuant to the preceding section, the Chief of Police shall cause a certified copy of ~he same to be ~erved upon each person owning, maintaining or in charge of any bird or animal therein described, by personal service thereof on each 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 animal is owned, kept or maintained. 4l39.4. VIOlATION. After service of notice as prescribed in the preceding Section, any person keeping or maintaining any bird or animal beyond the time thus specified by the Chief of Police in any manner, location or quantity other than thus specified by the Chief of Police shall be guilty of a misdemeanor a~d shall be liable to p~osecution bv complaint charging a violation of this Section. 4l39.5. ABATEMENT. If any provision of the findings and determination issued pursuant to Section 4l39.3.2 be not complied with within the time therein specified, and irrespective of whether or not a criminal complaint is issued or prosecuted under Section 4l39.4, the Chief of Police may abate the nuisance and for such purpose, the Chief of Police may enter upon the premises and relocate the animals or bitds thereon or remove the animals or birds therefrom. SAME. 4l39.5.l. /DISPOSAL 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 Chief of Police 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 Chief of Police shall also transmit by registered -4- l691 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 (lO) 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 re- location 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. 4139.5.2. NOTICE OF LIEN. In addition to the foregoing, the Chief of Police may execute a Notice of Lien describing the real property 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 specifying 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. 4l39.6. APPLICATION. Subject to the limitation specified in Part 1 of Chapter 5 of Article VI of this Code, this part shall not be construed to preclude the keeping or maintaining of birds or animals, in accordance with the provisions of Chapter 6 of Article V of the Code, in the amounts and at locations specifically permitted by any provision of this Code. " -5- l69l SECTION 2. No person shall violate any provision, or fail to comply with any of the requirements of this ordinance. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this ordinance shall be guilty of a misdemeanor. Any person convicted of a misdemeanor under any provision of this ordinance shall be punishable by a fine of not more than Five Hundred Dollars, or by imprisonment in the City Jailor County Jail for a period not exceeding six months, or by both such fine and imprisonment. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of the ordinance is committed, continued, or permitted by such person and shall be punishable accordingly. . SECTION 3. In addition to the penalties provided in the preceding Section, any condition caused or permitted to exist in violation of any of the provisions of this ordinance shall be deemed a public nuisance and may be, by the City, summarily abated as such, and each day such condition continues shall be regarded as a new and separate offense. 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 com- petent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Arcadia hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that anyone or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional. SECTION 5. Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal pro- visions applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect. -6- 169l SECTION 6. The Clerk of the Council shall certify to the passage and adoption of this ordinance and shall cause the same to be published in the official newspaper of the Ci~y of Arcadia within fifteen (l5) days after its adoption. PASSED AND ADOPTED BY THE CITY COUNCIL of the City of Arcadia at its regular meeting held on the 20th day of 1979. SIGNED AND APPROVED this 20thday of November, 1979. , .~!:i:~~r ATTEST: ~"f:~~ I HEREBY CERTIFY that the foregoing ordinance was adopted at a regular meeting of the City Council of the City of Arcadia, California, held on the 20th day of November , 1979, by the affirmative vote of at least three Councilmen, to wit: AYES: Councilmen Parry, Pellegrino, Saelid, Margett NOES: Councilman Gilb ABSENT: None Cloty Clerk of the Cloty of Arcadloa :"7- l691 ':: ........