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HomeMy WebLinkAboutOrdinances_2989ORDINANCE NO. 2989 AN ORDINANCE OF THE CITY OF REDLANDS AMENDING IN ITS ENTIRETY SECTION 6.24.120 OF CHAPTER 6.24 OF THE REDLANDS MUNICIPAL CODE REGULATING NOISY ANIMALS WHEREAS, Chapter 6.24 ("Miscellaneous Animal Regulations") of the Redlands Municipal Code establishes regulations related to the control and management of animal noise within the City of Redlands; and WHEREAS, Ordinance No. 2989 would amend Section 6.24.120 of the Redlands Municipal Code to update the regulations for noisy animals, including the adoption of the complaint policy and procedures by resolution for noisy animal complaints, and amending the factors that qualify such noise as a public nuisance; and WHEREAS, Ordinance No. 2989 provides clear criteria for establishing prima facie evidence of a violation, defining excessive noise as continuous for 30 minutes or more within any 24-hour period, or intermittent noise totaling 60 minutes or more within the same period; and WHEREAS, Ordinance No. 2989 ensures that animal noise resulting from specific exempted conditions, such as trespassing, provocation, or other unavoidable circumstances, shall not constitute a violation of Section 6.24.120; and WHEREAS, the City Council has determined that these amendments are necessary to protect the peace, safety, and welfare of residents within the City of Redlands, providing clear processes for complaint filing, investigation, and enforcement of animal noise regulations. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF REDLANDS DOES ORDAIN AS FOLLOWS: Section 1. Section 6.24.120 of Chapter 6.24 of the Redlands Municipal Code is hereby amended as follows: "6.24.120: NOISY ANIMALS; PROHIBITED: A. It is unlawful and a public nuisance for any person owning or having care, custody, control, or possession of any dog or other animal within the city, either willfully or through failure to exercise proper control, to allow such dog or other animal to bark, howl, yelp, whine bay, cry, or make any other noise in such a manner that it disturbs the peace of the neighborhood or causes excessive discomfort to any reasonable person of normal sensitivity residing in the area. B. The factors to be considered in determining whether a violation of the provisions of this Section exists include, but are not limited to, the following: The level of the noise made by the animal; 2. The level and intensity of background noise; 1 BOrdinances\Nos 2900-2999 in WonW dinance No. 2989 - Clean. 11.25.26.doex.bm 3. The proximity of the noise to residential sleeping areas; 4. The density of habitation within the area; 5. The time of day or night when the noise occurs; 6. The duration of the noise; Whether the noise is recurrent, intermittent, or constant; 8. Whether the noise is the result of provocation; The number of persons affected by or complaining about the noise; and 10. Any other relevant evidence demonstrating that the noise is unduly disruptive. C. Prima Facie Evidence. Any dog that makes incessant noise for a continuous period of 30 minutes or more in any 24-hour period, or intermittent noise for an aggregate period of 60 minutes or more during any 24-hour period, shall constitute prima facie evidence of a violation of Section 6.24.120.A of this Code. D. Exemptions. Animal noise resulting solely from the following shall not constitute a violation of Section 6.24.120.A of this Code: Any animal kicking a stall or enclosure; 2. The dragging of a chain, rattling of a collar, or nails scratching or clawing against a door, enclosure, or other object by any animal; 3. Noise emitted as a result of a person trespassing upon private property in or upon which the animal is situated; or, 4. Noise emitted by an animal that is being teased or provoked. E. Complaints and Investigations. The City Council shall promulgate rules, regulations, policies and procedures for the administration of this Section — including, but not limited to, the lodging of complaints, the conduct of investigations by resolution, and the enforcement of the provisions of this Section and any established rules, regulations, policies and procedures shall be delegated to the City Manager, or designee. F. Violations 1. Any violation of this Section shall be punishable as set forth in Chapter 1.20 of this Code, or in the alternative, as provided in Chapter 1.22 of this Code. 2. Any violation of this Section shall constitute a public nuisance that, In addition to other remedies provided by this Section or by other law, may be remedied by administrative or civil action, including, but not limited to, civil injunction or other abatement action. 3. In addition to constituting a public nuisance, any violation of this Section shall also constitute a private nuisance subject to Section 6.24.120.G of this Code. G. Private Right of Action. Any person who is aggrieved by a private nuisance prohibited by this Section may, in addition to other remedies, institute an appropriate civil action 2 1AO1dinances\Nos 2900-2999 in Word\Ordinance No. 2989 - Clean.I 1.25.26.doex.bm or other proceeding against any responsible person in a court of competent jurisdiction to abate or prevent the nuisance. I . Any aggrieved person who prevails in such an action shall be entitled to recover from the violator those damages, costs, attorneys' fees, and such other relief as determined by the Court." Section 2. If any section, sentence, clause or phrase of this ordinance or the application thereof to any entity, person or circumstance is held for any reason to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this ordinance which can be given effect without the invalid provisions or application, and to this end the provisions of this ordinance are severable. The City Council of the City of Redlands hereby declares that it would have adopted this ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 3. The Mayor shall sign this ordinance and the City Clerk shall certify to the adoption of this ordinance and shall cause it, or a summary of it, to be published once in a newspaper of general circulation within the City, and thereafter, this ordinance shall take effect in accordance with law. A Mario Saucedo, ATTEST: anne Donaldson, City Clerk 3 IAOrdinances\Nos 2900-2999 in Word\Ordinance No. 2999 - Clean.I 1.25.26.docx.bra 1, Jeanne Donaldson, City Clerk, City of Redlands, hereby certify that the foregoing Ordinance was duly adopted by the City Council at the regular meeting thereof, held on the 20t1i day of January, 2026, by the following vote: AYES: Councilmembers Barich, Tejeda, Davis, Shaw; Mayor Saucedo NOES: None ABSENT: None ABSTAIN: None (Idnne Donaldsoi}, City Clerk 4 IAOrdinances\Nos 2900-2999 in WordNOrdinance No. 2989 - Clean. 11.25.26.docx.bm