HomeMy WebLinkAboutOrdinance #4147 ORDINANCE NO. 4147
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING SECTION 7.04.010 AND REPEALING SECTION 7.04.020
AND CHAPTER 7.08 OF THE HUNTINGTON BEACH MUNICIPAL CODE
RELATING TO THE ADOPTION OF COUNTY ORDINANCES
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Section 7.04.010 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
7.04.010 Adoption of Animal Control Ordinances of the County of Orange.
A. Adoption of County of Orange Ordinance.
Subject to the particular additions, deletions and amendments hereinafter set forth in this
Chapter, the rules, regulations and conditions of the Codified Ordinances of the County of
Orange as contained in:
(a) Division 1 of Title 4;
(b) Article 1 of Divisions 1 of Title 5;
(c) Sections 5-1-29 and 5-1-30 of Article 2 of Division 1 of Title 5;
(d) Article 3 of Division 1 of Title 5;
(e) Division 2 of Title 5; and
(d) Article 17 of Division 3 of Title 5;
as may be amended from time to time by the Board of Supervisors of the County of Orange,
California, as well as such other regulations adopted by the Board of Supervisors concerning
animal control, including those which relate to fees, are adopted by reference under the authority
of Sections 50022.1 through 50022.9 of the Government Code of the State of California and
made a part hereof as though fully set forth herein as part of the Huntington Beach Municipal
Code and the same are hereby established and adopted as the rules, regulations, provisions and
conditions to be observed and followed to govern animal control, welfare and iicense
requirements in the City of Huntington Beach. One full copy of the above-specified provisions
of the Codified Ordinances of the County of Orange, certified to be a true copy by the City Clerk
of the City of Huntington Beach, is to be kept on file at the office of the City Clerk of the City of
Huntington Beach for public inspection.
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ORDINANCE NO. 4147
B. Penalties.
(1) Any person who violates any provision of 7.04.010 shall be guilty of an infraction,
except as otherwise provided in subsection (b) below.
(2) Any person who violates any provision of Sections 4-1-48, 4-1-5 1, or 4-1-95 of
Division 1 of Title 4 or any provision of Title 5 of the Codified Ordinances of Orange
County adopted hereby is guilty of a misdemeanor. Moreover, any person who violates
any other provisions of Division 1 of Title 4 the Codified Ordinances of Orange County
and the violation occurs within one (1) year of the occurrence of two (2) other separate
violations of this division by that person is guilty of a misdemeanor. Each day on which
a violation occurs or continues shall constitute a separate offense.
(3) Any license required by Article 4, Division 1 of Title 4 of the Codified Ordinances of
the County of Orange not purchased or renewed within fifteen (15) days after expiration,
or the date on which they come due, shall be considered delinquent and a late fee as
determined by resolution of the Board of Supervisors shall be added to the cost of the
new license. The Director may waive the above late fee if the Director determines the
applicant made a reasonable effort to comply with the above deadline.
(4) Any person convicted of a misdemeanor for a violation of any of the provisions of
7.04.010 shall, unless otherwise specifically provided in 7.04.010 or by statute, be
punishable by a fine of not more than one thousand dollars ($1,000.00) or by
imprisonment in the County Jail for a period of not more than six (6) months or by both
such fine and imprisonment.
(5) Any person convicted of an infraction for a violation of any of the provisions of
7.04.010 shall, unless otherwise specifically provided in 7.04.010 or by statute, be
punishable by: (1) A fine not exceeding one hundred dollars ($100.00) for a first
violation; (2) A fine not exceeding two hundred dollars ($200.00) for a second violation
of the same Code provision within a period of one year; (3) A fine not exceeding five
hundred dollars ($500.00) for each additional violation of the same ordinance within one
year.
(6) An infraction is not punishable by imprisonment. A person charged with an
infraction shall not be entitled to a trial by jury. A person charged with an infraction shall
not be entitled to have the public defender or other counsel appointed at public expense to
represent him or her unless he or she is arrested and not released on his or her written
promise to appear, his or her own recognizance or a deposit of bail.
(7) Except as otherwise provided by law, all provisions of law relating to misdemeanors
shall apply to infractions including, but not limited to, powers of peace officers,
jurisdiction of courts, periods for commencing action and for bringing a case to trial and
burden of proof.
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ORDINANCE NO. 4147
(8) Barking dog and Animal Nuisance civil fines. Fines for violating the provisions of
Subarticle 2 of Article 2 of Division 1 of Title 4 of the Codified Ordinances of Orange
County shall be as follows:
(a) Fine for first offense (per citation)......$250.00
(b) Fine for second offense within same twelve-month period (per citation) .....
$275.00
(c) Fine for third offense within same twelve-month period (per citation) .....
$303.00
(d) Fine for fourth offense within same twelve-month period (per citation) .....
$333.00
(e) Fine for fifth offense within same twelve-month period (per citation) .....
$366.00
(f) Fine for sixth and subsequent offense within same twelve-month period (per
citation) ..... $403.00
In the event that a fine imposed under the authority granted by said Subarticle 2 of Article 2 of
Division 1 of Title 4 remains unpaid for thirty (30) days after it is due and payable pursuant to
Section 4-1-59.7 of the Codified Ordinances of Orange County, an amount equal to the fine
shall be added as a late penalty and the late penalty and fine shall become due immediately. If
a Hearing Officer upholds the issuance of a citation in an administrative hearing, the late
penalty will be assessed if the fine is not paid within thirty (30) days from the conclusion of the
hearing. Failure to timely remit payment of a citation fine and/or late penalty authorized
pursuant to said Section 4-1-59.7 will result in criminal liability and a warrant may be issued
for a violator's arrest. Nonpayment of such fine and/or late penalty shall be a misdemeanor
punishable by a fine of not more than one thousand dollars ($1,000) or by imprisonment in the
County jail for a period of not more than six (6) months or by both such fine and
imprisonment. The City at its discretion may pursue any and all legal and equitable remedies for
the collection of unpaid fines and late penalties. Pursuit of one remedy does not preclude the
pursuit of any other remedies until the total fines and late penalties owed by a violator under this
subarticle have been collected.
C. Amendment.
The ordinances adopted hereby are intended to apply to animal control and regulation within the
jurisdiction of the City of Huntington Beach in the same manner as they apply to animal control
and regulation within the unincorporated area of the County of Orange. Therefore, the
ordinances adopted hereby shall be amended as necessary to achieve that goal, including
amending references to the County or the unincorporated area of the County to references to the
City of Huntington Beach, as necessary to achieve that goal. Only those provisions of Title 5 of
the Orange County Ordinances relevant to animal related facilities including animal exhibitions,
animal rental establishments, animal rescuers, commercial stables, grooming parlors, kennels and
pet shops are adopted hereby.
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ORDINANCE NO. 4147
SECTION 2. Section 7.04.020 of the Huntington Beach Municipal Code is hereby
repealed.
SECTION 3. Chapter 7.08 of the Huntington Beach Municipal Code is hereby repealed.
SECTION 4. This ordinance shall become effective 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 51" day of 12018.
Mayor
APPROVED AS TO FORM:
ATTEST: Q
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City Clerk City Attorney V(-0 k-d-Lk q
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REVIEW. D AND APPROVED: INITIATED AND APPROVED:
City Manager Assistant to the City Manager
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Ord. No. 4147
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ROBIN ESTANISLAU, the duly elected, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do
hereby certify that the whole number of members of the City Council of the City of
Huntington Beach is seven; that the foregoing ordinance was read to said City Council at
a Regular meeting thereof held on January 16, 2018, and was again read to said City
Council at a Regular meeting thereof held on February 5, 2018, and was passed and
adopted by the affirmative vote of at least a majority of all the members of said City
Council.
AYES: O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy, Brenden,
NOES: None
ABSENT: None
ABSTAIN: None
I,Robin Estanislau,CITY CLERK of the City of Huntington
Beach and ex-officio Clerk of the City Council,do hereby
certify that a synopsis of this ordinance has been published in
the Huntington Beach Wave on February 15,2018.
In accordance with the City Charter of said City.
Robin Estanislau, City Clerk City Clerk and ex-officio Clerk
Senior Deputy City Clerk of the City Council of the City
of Huntington Beach, California