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6529ORDINANCE NO. 6529 AN ORDINANCE OF THE CITY OF ANAHEIM ADDING, REPEALING, DELETING AND AMENDING VARIOUS CHAPTERS, SECTIONS AND SUBSECTIONS OF TITLE 8 OF THE ANAHEIM MUNICIPAL CODE AND BASED UPON THE FINDING AND DETERMINATION THAT SAID ORDINANCE IS NOT SUBJECT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO SECTIONS 15060(C)(2) AND 15060(C)(3) OF THE STATE CEQA GUIDELINES. WHEREAS, pursuant to the City's police power, as granted broadly under Article XI, Section 7 of the California Constitution, the City Council of the City of Anaheim ("City Council") has the authority to enact and enforce ordinances and regulations for the public peace, morals and welfare of the City of Anaheim (the "City") and its residents; and WHEREAS, pursuant to the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as "CEQA") and the State of California Guidelines for Implementation of the California Environmental Quality Act (commencing with Section 15000 of Title 14 of the California Code of Regulations; herein referred to as the "State CEQA Guidelines"), the City is the "lead agency" for the preparation and consideration of environmental documents for this ordinance; and WHEREAS, the City Council finds and determines that this ordinance is not subject to CEQA pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not a project as defined in Section 15378 of the CEQA Guidelines; and WHEREAS, the City Council determines that this ordinance is in accord with the public purposes and provisions of applicable State and local laws and requirements. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. That Chapter 8.04 (Streets and Public Places) of Title 8 (Animals) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: CHAPTER 8.04 STREETS AND PUBLIC PLACES 8.04.010 Animals- Restraint,public buildings. 8.04.010 ANIMALS—RESTRAINT, PUBLIC BUILDINGS. No person owning or having charge, custody, care or control of any animal,bird or reptile shall permit said animal, bird or reptile to be at large, or trespass upon the Main City Library or any Branch Library of the City of Anaheim. This section shall not apply to Guide dogs, as authorized by Section 54.2, Civil Code of the State of California. SECTION 2. That Chapter 8.08 (Animal Control, Welfare and License Requirements) of Title 8 (Animals)of the Anaheim Municipal Code be, and the same is hereby, repealed in its entirety. SECTION 3. That Chapter 8.20 (Wild Animals) of Title 8 (Animals) of the Anaheim Municipal Code be, and the same is hereby, repealed in its entirety. SECTION 4. That new Chapter 8.24 be, and the same is, hereby added to Title 8 of the Anaheim Municipal Code to read in full as follows: CHAPTER 8.24 ADOPTION OF ANIMAL CONTROL ORDINANCES OF THE COUNTY OF ORANGE,CALIFORNIA. 8.24.010 Adoption of Orange County Ordinances 8.24.020 Penalties 8.24.030 Amendments 8.24.040 City Zoning Regulations 8.24.010 ADOPTION OF ORANGE COUNTY ORDINANCES. .010 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 I 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, me 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 Anaheim 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 Anaheim. 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 Anaheim, is to be kept on file at the office of the City Clerk of the City of Anaheim for public inspection. 8.24.020 PENALTIES .010 Any person who violates any provision of this Chapter shall be guilty of an infraction, except as otherwise provided in this Section 8.24.020. .020 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. .030 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. .040 Any person convicted of a misdemeanor for a violation of any of the provisions of this Chapter shall, unless otherwise specifically provided in this section 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. .050 Any person convicted of an infraction for a violation of any of the provisions of this Chapter shall, unless otherwise specifically provided in this Chapter 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. .060 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. .070 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. .080 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 $403.00 (per citation) 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. 8.24.030 AMENDMENTS The ordinances adopted hereby are intended to apply to animal control and regulation within the jurisdiction of the City of Anaheim 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 Anaheim, 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. 8.24.040 CITY ZONING REGULATIONS Notwithstanding any provision to the contrary herein contained, it is expressly ordained that the zoning regulations of the City of Anaheim covering the animal control, welfare and/or number, type, health and possession of animals shall be superior, and in the event of conflict with any of the provisions of this Chapter, the zoning regulations shall control over the provisions of this Chapter. SECTION 5. SEVERABILITY. The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence, phrase, term or word of this ordinance be declared for any reason to be invalid, it is the intent of the City Council that it would have adopted all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid. If any section, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, subdivision, paragraph, sentence, clause and phrase thereof, irrespective of the fact that any one (or more) section, subdivision, paragraph, sentence, clause or phrase had been declared invalid or unconstitutional. SECTION 6. CERTIFICATION The City Clerk shall certify to the passage of this ordinance and shall cause the same to be printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a newspaper of general circulation, published and circulated in the City of Anaheim. SECTION 7. EFFECTIVE DATE This ordinance shall take effect and be in full force thirty (30) days from and after its final passage. THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the _ 17 day of may, , 2022, and thereafter passed and adopted at a regular meeting of said City Council held on the 24 day of May , 2022, by the following roll call vote: AYES: Mayor Pro Tem O'Neil and Council Members Diaz, Ma'ae, Moreno, Valencia and Faessel NOES: None ABSENT: None ABSTAIN: None [Mayoral vacancy] CITY OFANAHEIM By: MA OR OF THE CITY OF AN IM PRO TEM C ERK OF THE CITY OF ANAHEIM "4949,B CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, THERESA BASS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 6529 introduced at a regular meeting of the City Council of the City of Anaheim, held on the 1Th day of May. 2022, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 24'h day of May. 2022, by the following vote of the members thereof: AYES: Mayor Pro Tern O'Neil and Council Members Diaz, Ma'ae, Moreno, Valencia, and Faessel NOES: None ABSENT: None ABSTAIN: None (Mayoral vacancy] IN WITNESS WHEREOF, I have hereunto set my hand this 25" of May. 2022. CITY C ERK OF THE CITY OF ANAHEIM (SEAL) Anaheim Bulletin 1771 S. Lewis Street Anaheim, CA 92805 714-796-2209 5190168 ANAHEIM,CITY OF/CLERKS OFF PROOF OF PUBLICATION 200 S ANAHEIM BLVD STE 217 ANAHEIM, CA 92805-3820 Legal No. 0011539123 SUMMARY PUBLICATION CITY OF ANAHEIM ORDINANCE NO.6529 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FILE NO. ORD-6529_Summary ANAHEIM MEND AMENDING ADDING, REPEALING, CHAPTE , DELETING SECTIONS AND SUBSECTIONS OF TITLE 8 OF THE ANAHEIM MUNICIPAL AFFIDAVIT OF PUBLICATION CODE. The proposed ordinance has been prepared to amend, add, repeal and delete various chapters, sections, and subsections of Title 8 of the STATE OF CALIFORNIA, Anaheim Municipal Code relating to the adoption of County of Orange Animal Control Ordinances. The proposed ordinance amends the SS. existing Anaheim Municipal Code to be consistent with the County of Orange Animal Control Ordinances, improve customer experiences, and County of Orange provide more uniform enforcement for residents. Some of the amendments include improving the Vicious Dog Program by adding independent hearing officers, banning owners of vicious dogs from owning a dog for up to three years, expanding the Barking Dog Program to include nuisances from animals other than dogs, removing Dangerous Dog designations following a period of no recurrences, and clarifying I am a citizen of the United States and a resident of the language relating to animal permits, kennel permits, and mobile grooming licenses. County aforesaid; I am over the age of eighteen years, and I,Theresa Bass, City Clerk of the City of Anaheim, do hereby certify that not a party to or interested in the above-entitled matter. I the foregoing is a summary of Ordinance No. 6529, which ordinance was am the principal rinCi al clerk of the Anaheim Bulletin, a introduced at a regular meeting of the City Council of the City of Anaheim on the 17th day of May, 2022 and was duly passed and adopted at newspaper that has been adjudged to be a newspaper of a regular meeting of said Council on the 24th day of May, 2022 by the following roll call vote of the members thereof: general circulation by the Superior Court of the County of Oran e. State of California, on December 28, 1951. Case AYES: Mayor Pro Tem O'Neil and Council Members Diaz, 9 Ma'ae,Moreno,Valencia,and Faessel No. A-21021 in and for the City of Anaheim. County of NOES: None Orange, State of California: that the notice, of which the annexed is a true printed copy, has been published in ABSENT: None each regular and entire issue of said newspaper and not in ABSTAIN: None [Mayoral vacancy] any supplement thereof on the following dates. to wit: The above summary is a brief description of the subiect matter contained in the text of Ordinance No. 6529 which has been prepared pursuant to 06/02/2022 Section 512 of the Charter of the City of Anaheim. This summary does not include or describe every provision of the ordinance and should not be relied on as a substitute for the full text of the ordinance. To obtain a copy of the full text of the ordinance, please contact the Office of the City Clerk, (714) 765-5166, between 8:00 AM and 5:00 PM, Monday through Friday. There is no charge for the copy. Published Anaheim Bulletin June 2,2022 11539123 I certify(or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct: Executed at Anaheim, Orange County. California, on Date: June 02, 2022. Signature r.LP142/1516 1 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM I, THERESA BASS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 6529 and was published in the Anaheim Bulletin on the 2nd day of June, 2022, pursuant to Section 512 of the City Charter of the City of Anaheim. ITY CL RK OF THE CITY OF ANAHEIM 4f(SEA!_;