The URL can be used to link to this page

Home My Public Portal About18) 9B Adopting by Reference Title 10City Council June 19, 2012 Page2 3 . On March 9, 2011 , Community Preservation staff met with the Ad Hoc Committee to discuss the difficulties faced in the enforcement of the Municipal Code, including inconsistent provisions, ambiguous verbiage, and outdated requirements that no longer reflect the goals of the City, as well as the lack of necessary enforcement tools needed to mandate compliance from persons who refuse to voluntarily comply with applicable requirements. 4. Over the next several months, Community Preservation staff (including City Prosecutor James Eckart) and the Ad Hoc Committee discussed various methods of addressing the deficiencies, including possible amendments to the City's Municipal Code. Potential amendments recommended by staff and the Ad Hoc Committee included, but were not limited to, regulations pertaining to the containment, retrieval, and abatement of shopping and laundry carts; the registration, maintenance, and security requirements for abandoned and vacant properties; public nuisances; animals control; and refined administrative citation procedures. Staff received valuable input from the Ad Hoc Committee and moved forward with their recommendations. 5. On November 15, 2011, the City Council approved the first round of proposed Code amendments that would facilitate improved enforcement of the Municipal Code and subsequent compliance of violations. The ordinances approved were: Ordinance No. 11-948 -Shopping and Laundry Cart Containment, Retrieval, and Abatement; Ordinance No . 11-949 -Abandoned and Vacant Property Registration, Maintenance, and Security Requ irements; and Ordinance No. 11- 950 -Public Nuisance Regulations. 6. On May 1, 2012, the Ad Hoc Committee reviewed staff's proposal to adopt Title 1 0 ("Animals") of the Los Angeles County Code, as well as staff's proposed amendments to Title 10 to maintain some of the restrictions and p rohibitions contained in the City's current Zoning and Animal Control regulations. The Ad Hoc Committee provided input, and recommended that the proposed Ordinance be submitted to the City Council for consideration and adoption. 7. On June 4 and June 11, 2012 , public notices regarding the introduction & first reading of the proposed ordinance were published in the Temple City Tribune. ANALYSIS: Because the proposed City ordinance adopts a Los Angeles County code by reference, State law requires that, after the City Council reads the title of the adopting ordinance and the title of the County code to be adopted by reference, a public hearing must be scheduled and conducted at a subsequent City Council session prior to adopting, amending, or rejecting the proposed ordinance. Pursuant to Government Code 50022.3, the notice of the public hearing must be published once a week for two successive weeks, with at least five days intervening between the respective publication dates. In addition, the City Clerk is required to keep City Council June 19, 2012 Page 3 of 3 on file a copy of the County Ordinance to be adopted by reference available for inspection for at least 15 days before the public hearing. After adoption, a copy of the adopted code is required to be kept on file either with the City Clerk or with the Chief Enforcement Officer. CONCLUSION: As only the title of the adopting ordinance and the ordinance to be adopted by reference will be read at the June 191h City Council meeting, a more detailed staff report and presentation by City staff and the City Prosecutor will be made during a public hearing to be scheduled on July 3, 2012. FISCAL IMPACT None at this time. ATTACHMENT A. ORDINANCE NO. 12-956 ATTACHMENT "A" ORDINANCE NO. 12-956 AN ORDINANCE OF THE CITY OF TEMPLE CITY AMENDING CHAPTER 6 OF TITLE 3 OF THE TEMPLE CITY MUNICIPAL CODE REGARDING ANIMAL CONTROL. THE CITY COUNCIL OF THE CITY OF TEMPLE CITY HEREBY ORDAINS AS FOLLOWS: SECTION 1: Chapter 6 ("Animal Control") of Title 3 ("Public Safety'') is hereby repealed and deleted in its entirety. SECTION 2: A new Chapter 6 ("Animal Control") is hereby added to Title 3 ("Public Safety") to read as follows: 3600 -Adoption of Los Angeles County Animal Control Ordinance (A) Subject to the amendments contained in this Chapter, Divisions 1, 2, and 3 of Title 10 of the Los Angeles County Code ("Animals"), and any subsequent amendments thereto, are hereby adopted and incorporated herein by reference, and may be cited as the "Animal Control Ordinance" of the City of Temple City. (B) Notwithstanding the provisions of subsection (A), the provisions of the Animal Control Ordinance relating to mandatory microchipping of dogs, mandatory spaying and neutering of dogs, and mandatory licensing of cats, shall not become operative until January 1, 2013. (C) In the event there are any inconsistencies between the Animal Control Ordinance and this Chapter pertaining to animal control, the latter shall prevail. (D) In the event there are any inconsistencies between the Animal Control Ordinance and the City's Zoning Ordinance relating to animals, the latter shall prevail. (E) At least one copy of the Animal Control Ordinance shall be maintained on file either in the office of the City Clerk or the chief enforcement officer of animal control for public inspection . 3601 -Definitions Notwithstanding the definitions provided in Chapter 1 0.08 of the Animal Control Ordinance , whenever any of the following names or terms is used in the Animal Control Ordinance and this Chapter, each such name or term shall be deemed or construed to have the meaning ascribed to it in this section as follows: (A) "Board of Supervisors' shall mean the City Council of the City of Temple City. (B) "Cit}/' shall mean the City of Temple City. (C) "Count}/' or "County of Los Angeles' or "unincorporated territory of Los Angeles Count}/' shall mean the City of Temple City. (D) "Kenner shall mean any lot, building, structure, enclosure, or premises upon whereupon or wherein four (4) or more dogs or cats, or any combination thereof, over four (4) months of age are kept or maintained for any purpose, including places where dogs are boarded, kept for sale, or kept for hire. (E) "Ownef shall mean any person who holds the license to the animal, or if the animal is not licensed, the person legally entitled to possession of the animal, or any person with primary responsibility for the care of the animal. An owner shall also include any adult person who has possession of, or who exercises control over, an animal. 3602 -Repeals to the Animal Control Ordinance Notwithstanding the provisions of section 3600(A) of this Chapter, the following provisions of the Animal Control Ordinance are hereby repealed: Section 10.04.060 ("Penalty: General"); Section 10.20.038 ("Residential Dogs and Cats -Limitations"); Section 10.20.375 ("Penalty: Spay and Neuter"); Chapter 10.37 ("Potentially Dangerous and Vicious Dogs"); Section 1 0.84.030 ("Penalty: Predator Animals"). 3603 -Amendment: Dogs -Running at Large Prohibited Notwithstanding the provisions of section 3600(A) of this Chapter, section 1 0.32.01 0 of the Animal Control Ordinance is hereby amended to read as follows: 10.32.010-Dogs-Running at Large Prohibited-Exceptions A. No person owning or having charge, care, custody, or control of any dog shall cause, permit, or allow such dog to be or to run at large upon any highway, street, lane, alley, court, or other public place, or upon any private property or premises other than those of the person owning or having charge, care, custody, or control of such dog, in the City, unless such dog be restrained by a substantial chain or leash not exceeding six feet (6') in length and is in the charge, care, custody, or control of a competent person. B. No person owning or having charge, care, custody, or control of any dog shall cause, permit, or allow such dog to be or to run at large upon any private property or premises in the City unless said property or premises is enclosed by fencing or other structures sufficient to confine such dog to said property. 3604-Amendment: Non-Domesticated Mammalian Predators Notwithstanding the provisions of 3600(A) of this Code, section 10.84.01 0(8) of the Animal Control Ordinance is hereby amended to read as follows: B. For purposes of this chapter: 1. "Rodent" includes, but is not limited to, ground squirrels; 2. "Non-domesticated" includes, but is not limited to, any animal that has not been adapted to human living conditions and practical uses, any animal not owned by a person, and any feral animal. 3. "Mammalian predators" include, but are not limited to, coyotes, raccoons, foxes, opossums, and cats. 3605 -Amendment: Fees Notwithstanding the provisions of 3600(A) of this Code, section 10.90.010 of the Animal Control Ordinance is deleted in its entirety and replaced with the following 1 0.90.01 0 -Fee Schedule A. The fees, costs, and charges to be paid for all services and activities set forth in the Animal Control Ordinance shall be established by resolution of the City Council. B. The Director may waive any fees in cases of undue hardship. 3606 -Penalties Any person violating or failing to comply with any provision, regulation, or requirement of the Animal Control Ordinance or of this Chapter shall be deemed guilty of a violation pursuant to Chapter 1.12 of this Code. 3607 -Severability If any section, subsection, paragraph, sentence, clause or phrase of this Chapter is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this chapter. The City Council declares that it would have adopted this chapter, and each section , subsection, sentence , clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, phrases, or portions be declared invalid or unconstitutional . SECTION 3. This Ordinance shall take effect thirty (30) days after its adoption . The City Clerk, or their duly appointed deputy, shall attest to the adoption of this Ordinance and shall cause this Ordinance to be posted as required by law. ORDINANCE NO. 12-956 HAD ITS FIRST READING ON JUNE 19, 2012, ITS SECOND READING ON JULY 3, 2012, AND WAS DULY PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AT ITS REGULAR MEETING OF ____ _ Mayor Attest City Clerk