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Ordinance Number 1053ORDINANCE NO. 1053 AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING SECTION 6-1.01 OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE AND ADOPTING ANIMAL CONTROL ORDINANCES OF THE COUNTY OF ORANGE, CALIFORNIA AND REPEALING SECTION 6-1.02 OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE WHEREAS, the City of San Juan Capistrano currently contracts with the County of Orange to provide animal control enforcement within the City of San Juan Capistrano; and, WHEREAS, the contract with the County of Orange for animal control enforcement requires that each city adopt municipal animal control codes that are identical to County animal control ordinances; and, WHEREAS, the County of Orange recently adopted changes to the Animal Control Ordinances. THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Findings. The City Council hereby finds and determines that the above recitals are true and correct and incorporated herein by this reference. Section 2. Compliance with CEQA. The City Council finds that this Ordinance is exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15061(b)(3) as the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Section 3. The City Council hereby amends Section 6-1.01 to read as follows: Section 6-1.01 Adoption of County animal control provisions. (a) 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: (1) Division 1 of Title 4; (2) Article 1 of Division 1 of Title 5; 1 01053 (3) Sections 5-1-29 and 5-1-30 of Article 2 of Division 1 of Title 5; (4) Article 3 of Division 1 of Title 5; (5) Division 2 of Title 5; and (6) 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 San Juan Capistrano 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 license requirements in the City of San Juan Capistrano. 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 San Juan Capistrano, is to be kept on file at the office of the City Clerk of the City of San Juan Capistrano for public inspection. (b) Penalties (1) Any person who violates any provision of this Section 6-1.01 shall be guilty of an infraction, except as otherwise provided in subsection (2) below. (2) Any person who violates any provision of Sections 4-1-48, 4-1-51, 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 this Section 6-1.01 shall, unless otherwise specifically provided in this Section 6-1.01 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. 2 01053 (5) Any person convicted of an infraction for a violation of any of the provisions of this Section 6-1.01 shall, unless otherwise specifically provided in this Section 6-1.01 or by statute, be punishable by: (i) A fine not exceeding one hundred dollars ($100.00) for a first violation; (ii) A fine not exceeding two hundred dollars ($200.00) for a second violation of the same Code provision within a period of one year; (iii) 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. (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: (1) Fine for first offense (per citation) $250.00 (2) Fine for second offense within same twelve-month period (per citation) $275.00 (3) Fine for third offense within same twelve-month period (per citation) $303.00 (4) Fine for fourth offense within same twelve-month period (per citation) $333.00 (5) Fine for fifth offense within same twelve-month period (per citation) $366.00 (6) 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 3 01053 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) Amendments The ordinances adopted hereby are intended to apply to animal control and regulation within the jurisdiction of the City of San Juan Capistrano 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 San Juan Capistrano 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. Section 4. The City Council hereby repeals section 6-1.02 in its entirety and reserves it for future use. Section 5. The City Council's actions are made upon review of the Staff Report, all oral and written comments, and all documentary evidence presented on the Ordinance. Section 6. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason is 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 hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. Section. 7. Effective Date. This Ordinance shall take effect and be in force thirty (30) days after its passage. 4 01053 Section 8. City Clerk's Certification, The City Clerk shall certify to the adoption of this Ordinance and cause the same to be posted at the duly designated posting places within the City and published once within fifteen (15) days after passage and adoption as required by law; or, in the alternative, the City Clerk may cause 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 a certified copy of this Ordinance, together with the vote for and against the same, in the Office of the City Clerk. APPROVED AND ADOPTED this 6th day of March 2018. l l y SERGIO FARIAS, MAYOR MARIA MORRIS,\CITY CLI STATE OF CALIFORNIA ) COUNTY OF ORANGE )SS CITY OF SAN JUAN CAPISTRANO ) I, MARIA MORRIS, appointed City Clerk of the City of San Juan Capistrano, do hereby certify that the foregoing is a true and correct copy of Ordinance No. 1053 which was regularly introduced and placed upon its first reading at the Regular Meeting of the City Council on the 20th day of February 2018, and that therea er, saiip Ordinance was duly adopted and passed at the Regular Meeting of the gity,Cq ncil on the 6th day of March 2018, by the following vote, to wit: AYES:' UNCIL MEMBERS: Maryott, Reeve, Ferguson and Mayor Farias NOES UNCIL MEMBERS- None ABSEN UNCIL MEMBERS: Patterson 02=11►16-2=1 9i Ill 5 01053 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS AFFIDAVIT OF POSTING CITY OF SAN JUAN CAPISTRANO ) I, MARIA MORRIS, declare as follows: That I am the duly appointed and qualified City Clerk of the City of San Juan Capistrano; That in compliance with State laws, Government Code section 36933(1) of the State of California, on the 27th day of February 2018, at least 5 days prior to the adoption of the ordinance, I caused to be posted a certified copy of the proposed ordinance entitled: AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING SECTION 6-1.01 OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE AN- ADOPTING ANIMAL CONTROL ORDINANCES OF THE COUNTY OF O AN E, CALIFORNIA AND REPEALING SECTION 6-1.02 OF T E, AN JUAN CAPISTRANO MUNICIPAL CODE + i l This document was posted in the Office of the iCi f MA I ' M San Juan C STATE OF CALIFORNIA ) COUNTY OF ORANGE ) Ss CITY OF SAN JUAN CAPISTRANO ) I, MARIA MORRIS, declare as follows: rk S, CITY CLE no, California AFFIDAVIT OF POSTING That I am the duly appointed and qualified City Clerk of the City of San Juan Capistrano; that in compliance with State laws, Government Code section 36933(1) of the State of California. On the 8th day of March 2018, 1 caused to be posted a certified copy of Ordinance No. 1052, adopted by the City Council on March 6, 2018, entitled: AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING SECTIOr6-1.01 OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE AN ADOPTI G ANIMAL CONTROL ORDINANCES OF THE COUNTY O O AN E, CALIFORNIA AND REPEALING SECTION 6-1.02 OF T E SA JUAN CAPISTRANO MUNICIPAL CODE 1 This document was posted in the Office of, the 1pitKCIArk MARIA- MORRI'61, CITY CLE San Juan Capistrano, California 6 01053