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Home My WebLink About10/10/2007 PSAC Reports 0'v/~ CITY OF LAKE ELSINORE PUBLIC SAFETY ADVISORY COMMISSION REGULAR MEETING MIKE NORKIN, CHAIRMAN DR. SHAWN BHUTTA, VICE-CHAIRMAN NICOLE DAILEY, COMMISSIONER AL LYONS, COMMISSIONER DENNIS "JAY" STEWART, COMMISSIONER ROBERT BRADY, CITY MANAGER WWW.LAKE-ELSINORE.ORG (951) 674.3124 PHONE (951) 674-2392 FAX LAKE ELSINORE CULTURAL CENTER 183 NORTH MAIN STREET LAKE ELSINORE, CA 92530 OCTOBER 10, 2007 6:00 PM The City of Lake Elsinore appreciates your attendance. Citizens' interest provides the Commission with valuable information regarding issues of the community. Regular meetings are held on the 2nd Wednesday of every month. If you are attending this Public Safety Advisory Commission Meeting, please park in the Parking Lot across the street from the Cultural Center. This will assist us in limiting the impact of meetings on the Downtown Business District. Thank you for your cooperation. The agenda is posted 72 hours prior to each meeting outside of City Hall and is available at each meeting. The agenda and related reports are also available at the City Clerk's Office on the Friday prior to the Commission meeting and are available on the City's web site at www./ake-elsinore.orq. In compliance with the Americans with Disabilities Act, any person with a disability who requires a modification or accommodation in order to participate in a meeting should contact the City Clerk's Office at (951) 674-3124, ext. 261 at least 48 hours before the meeting to make reasonable arrangements to ensure accessibility. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL PUBLIC COMMENTS (Any person wishing to address the Public Safety Advisory Commission on any matter must complete a request form prior to commencement of the meeting. Comments limited to 3 minutes.) CONSENT CALENDAR ITEMS (All matters on the Consent Calendar are approved !n one motion: ~nles~ a Commissioner or any member of the public requests separate action on a specific action.) 1. Minutes of the reqular meetinq of September 12. 2007 Recommendation: Approve the minutes of the regular meeting dated .September 12,2007. BUSINESS ITEMS 2. Discussion Reqardinq Barkinq Doqs-Vicious Doqs. L.E.M.C. Code and Enforcement (Presenter: Animal Friends of the Valley) 3. Citizen Corps/Community Emerqency Response Traininq (C.E.R.T.) Overview (Presenters: Bill Payne, Public Works ManaQer and Cynthia QuiQley. County of Riverside Emerqency Services Coordinator) 4. Review of L.E.M.C. 10.12. Parkinq ReQulations - "Park Smart" Proqram First Year Results 5. Discussion of sample ordinances requlatinQ newsstands in the public riQht-of-way PUBLIC SAFETY SUBCOMMITTEE REPORTS CITY STAFF COMMENTS PUBLIC SAFETY ADVISORY COMMISSIONERS' COMMENTS PUBLIC COMMENTS (Please read and complete a Speaker's Form at the podium, prior to the start of the Commission meeting.) ADJOURNMENT The Lake Elsinore Public Safety Advisory Commission will adjourn to a regular meeting to be held on Wednesday, November 14, 2007, at 6:00 p.m. to be held in the Cultural Center located at 183 N. Main Street, Lake Elsinore, CA, 92530. AFFIDAVIT OF POSTING /, VIVIAN M. MUNSON; City Clerk of the City of Lake Elsinore, do hereby affirm that a copy of the Lo:g agenda was posted at City Hall, 72 hours in advance of this meeting. VIVIAN M. MUNSON CITY CLERK /""'" MINUTES PUBLIC SAFETY ADVISORY COMMISSION REGULAR MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA WEDNESDAY, SEPTEMBER 12, 2007 **************************************************************************************************** CALL TO ORDER - 6:00 P.M. Chairman Norkin called the Public Safety Advisory Commission Study Session to order at 6:01 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Vice-Chair Bhutta. ROLL CALL /""'" PRESENT: CHAIRMAN NORKIN VICE-CHAIR BHUTTA COMMISSIONER LYONS COMMISSIONER STEWART ABSENT: COMMISSIONER DAILEY (Arrived at 6:08 p.m.) Also present were: Information/Communications Manager Dennis, Lake & Aquatic Resources Director Kilroy, Assistant City Attorney David Mann, Clerk of the Board Munson and Deputy City Clerk Soto. PUBLIC COMMENTS Melanie Mosbacher, Lake Elsinore, spoke in opposition of removing the fence at the lake. She indicated the fence does designate her property. Margie Woelich, Lake Elsinore, indicated she would like to see the fence stay up for protection. She also indicated they have had problems with vandalism and the fence will also protect their pets. Mary Frazier, Lake Elsinore, stated she felt the fence was important to keep. She reported on the number of problems her family has had with vandalism and requested to have the fence stay to protect her family and pets. /""'" 1 Terry Prijztel, lake Elsinore, expressed her concern with placing speed limits on the lake. She indicated the high speed zone is needed for various reasons and is of vital importance. She also stated fence elevations may be ending at 1255 and stated she was expressing a need to see the fence elevations continue at the end of the person's property. She stated everybody has a right to protect their property and she believes 1255 will not cut it. ......., lou Prijztel, lake Elsinore, also expressed his concern for pets, the amount of vandalism, problems related to the four wheel drivers, the need to secure the City's beaches, and the campgrounds along Grand Avenue. He also stated he would like to keep the high speed zone. Frances Henkel, lake Elsinore, expressed his concerns should the fence be removed, for example the liability he would have as a private property owner. He also would like to see the City keep the high speed zone on the lake. Peter Dawson, lake Elsinore, described the problems related to the lake when the water is down. He stated the history of the fence and any opposition was based on the hazard to property owners when the lake level was down. He stated the further the fence deters vehicles from driving around the lake. John Christiansen, lake Elsinore, expressed his concerns with the speed limit on Gunnerson. There are no sidewalks and the speed limit has been raised for 40 mph. He recommended the City change the speed limit back to 25 mph. He also indicated the road was deteriorated. ~ Pat Blinn, lake Elsinore, expressed her concerns with people leaving trash on the beach and is a true aggravation. She stated she has taken the bad fencing down and left the poles. She stated people do not care about public property. She stated she would like to see the boundaries left as they are. Chairman Norkin indicated there is a Lakeshore Overlay District Sub-committee which consists of individuals from both the Planning Commission and Public Safety Advisory. This Sub-Committee has been looking into to issues the City has identified. These meetings are always opened to the public. Any recommendations made by this sub- committee are sent back to their respective Commissions for further review and discussion. Information/Communications Manager Dennis indicated the Sub-Committee next meeting will be on September 19, 2007, at 4:30 p.m. and are always open to the public. CONSENT CALENDAR ITEMS There were no items. ...., 2 ..r" BUSINESS ITEMS 21. R.O.V.E. Update Sergeant Yates, indicated that he would be happy to address the Commission's questions and concerns. He introduced Deputy Young who could also assist in addressing any concerns or questions of the Commission. Commissioner Stewart inquired as to how many quad vehicles the Sheriff's Dept. had, how many square miles that these quads patrol and if he felt it was adequate coverage? Deputy Young replied the Department had four that cover not only the City but also the County in the Lake Elsinore Station. All of the open space from Corona to the Murrieta city limits and from Perris to the Orange County lines are covered. He also indicated he felt that it was adequate cover for the areas. Chairman Norkin inquired how often ROVE out and about. Deputy Young replied usually out on a weekend basis. Every other weekend they are in the City between the old City dump ground and in the Canyon Hills area which are two main problems areas. r' Deputy Young reviewed on the rules and regulations individuals must adhere to while operating A TV's, motorcycles and quads. Chairman Norkin inquired if proposing an ordinance would assist in helping the Sheriff's Department in doing their job. Deputy Young responded it was just a matter of being in the right place at the right time. It was the consensus of the Commission to receive and file the report. 22. Ordinance Addinq Traffic Safety to enumerated PSAC Duties and Responsibilities Assistant City Attorney Mann presented the staff report. He indicated the amendment made to the ordinance will allow the Commission to hear citizens' complaints, communicate those complaints to City personnel, and empowers the Commission to report back to those citizens. r' 3 It was motioned by Vice-Chair Bhutta, seconded by Commissioner Stewart to direct legal counsel to incorporate the Commission's revisions into the ordinance and submit a revised ordinance for City Council consideration. .....,; The following vote resulted: AYES: CHAIRMAN NORKIN VICE-CHAIR BHUTTA COMMISSIONER DAILEY COMMISSIONER LYONS COMMISSIONER STEWART NOES: NONE ABSENT: NONE ABSTAIN: NONE 23. Draft Amendment to L.E. M.C. Section 9.96.120 (C Reoardino Boat Speed Limits for Lake Elsinore Establishino Maximum Speed Limit and Special Event Permit Requirements for Lake Elsinore's Hioh Speed Zone Peter Dawson, lake Elsinore, indicated he supports the amendment to alter the code. He believes there should be special conditions and permits for high speed boats. .....,; Lake & Aquatic Resources Director Kilroy presented the staff report. Chairman Norkin indicated he was the one that wanted to push this ordinance forward. However, since then, he has spoken to many boat owners who do run their boats at high speeds. Although he supports 90% of what is in the ordinance, he does not support it fully. He believes people running their boats at high speeds, should not have to retain a special permit. Vice-Chair Bhutta concurred with Chairman Norkin. Commissioner Daily supported maintaining the high speed zone and suggested using some other means of communicating to the public regarding speed issues on the lake. It was motioned by Commissioner Lyons, seconded by Commissioner Dailey to direct staff to set a date for a Special Study Session to further discuss the lake's high speed zone. """ 4 ~ The following vote resulted: AYES: CHAIRMAN NORKIN VICE-CHAIR BHUTTA COMMISSIONER DAILEY COMMISSIONER LYONS COMMISSIONER STEWART NOES: NONE ABSENT: NONE ABSTAIN: NONE 24. Safety Reoulations for Newsstands in the Public Riqht-Of-Way Information/Communications Manager Dennis presented a staff report. Assistant City Attorney indicated the City can impose reasonable regulations on size, locations, consistency, uniformity and materials. However, he discouraged the Commission to regulate content because it would expose the City to litigation. ~ Chairman Norkin expressed his concern with the newsstands and suggested they be moved across the sidewalk up against the Post Office building. He suggested the ordinance address uniformity standards for newsstands. It was motioned by Commissioner Lyons, seconded by Commissioner Dailey to direct legal counsel to prepare safety regulations governing newsstands that are in the public right-of-way. The following vote resulted: AYES: CHAIRMAN NORKIN VICE-CHAIR BHUTTA COMMISSIONER DAILEY COMMISSIONER LYONS COMMISSIONER STEWART NOES: NONE ABSENT: NONE ABSTAIN: NONE ~ 5 PUBLIC SAFETY SUBCOMMITTEE REPORTS CITY STAFF COMMENTS "'-'" Information/Communications Manager Dennis commented on the following: 1) Introduced the Vivian Munson the City's newly hired City Clerk. He also indicated the City also hired a new Director of Parks and Recreation Ray Gonzales. 2) The EDC Luncheon to be held at the Diamond on September 20th at 11 :30 a.m. John Husing, an economist will be speaking. Please contact the City Manager's Office to make a reservation. 3) The Lake Elsinore San Jacinto Water Shed Authority SHWA is preparing for a dedication event for Monday, October 1st out at Sea Port Boat Launch at 9:00 a.m. to dedicate the recycled water pipeline and nutrient removal system which helping deliver safe water to our lake and help us maintain our lake. 4) The Lakeshore Overlay Sub-Committee meeting will be held on September 19th at 4:30 p.m. 5) The next City Council meeting will be held on Tuesday, September 25th. PUBLIC SAFETY ADVISORY COMMISSIONERS' COMMENTS "'-'" Vice-Chair Bhutta commented on the following: No comments. Commissioner Daily commented on the following: No comments. Commissioner Lyons commented on the following: No comments. Commissioner Stewart commented on the following: No comments. "'-'" 6 ~ Chairman Norkin commented on the following: 1) Chairman Norkin thanked those individuals that came out to speak. He stated the Commission will do their best to make ensure everyone's interest is considered. 2) Thanked Information/Communications Manager Dennis for putting together an excellent State of the City address. 3) Thanked the Sheriff's Department for attending the meeting at such a short notice. 4) Requested the following items be placed on the next agenda: barking dogs' issue, graffiti update, C.E.R.T. update and an update on the ordinances that were recommend last year to see how they are doing. ADJOURNMENT It was the consensus of the Commission to adjourn to a Regular Meeting on October 10, 2007 in the Cultural Center located at 183 North Main Street, Lake Elsinore, California, CA, 92530. ~ Chairman Norkin adjourned the meeting at 7:15 p.m. MIKE NORKIN, CHAIRMAN PUBLIC SAFETY ADVISORY COMMISSION ATTEST: VIVIAN M. MUNSON CLERK OF THE BOARD ~ 7 r" CITY OF ~ LAKE 6LSiNORJ: \ . . I ,,~ DREAM EXTREME... TO: REPORT TO PUBLIC SAFETY ADVISORY COMMISSION CHAIRMAN AND BOARDMEMBERS MARK DENNIS INFORMA TION/COMMUNICA TIONS MANAGER OCTOBER 10, 2007 FROM: DATE: SUBJECT: DISCUSSION REGARDING BARKING DOGS-VICIOUS DOGS, L.E.M.C. CODE AND ENFORCEMENT (Presenter: Animal Friends of the Valleys) Background This item is to enable discussion of the City's Ordinance(s) governing barking dogs (L.E.M.C. 6.04.245) and vicious or unsafe dogs (L.E.M.C. 6.04.250) with the City's /"""' contractor for animal control services, Animal Friends of the Valleys. Discussion At the request of Commissioner Bhutta, representatives from Animal Friends of the Valleys have been invited to update the PSAC about dog-related enforcement problems or issues and recommendations for increasing awareness of pet owner responsibilities. To facilitate discussion, attached is a copy of the Animal Friends of the Valleys' Web page about undesirable dog behaviors, including barking, and a memo from Assistant City Attorney David Mann dated August 8, 2007 comparing the City's barking and vicious dog regulations (L.E.M.C. 6.04) with the cities of Corona and Temecula. Animal Friends of the Valleys is a local, not-for-profit organization that has provided animal control services to the City for over a decade. Their services include responding to citizen complaints or requests involving domestic animals, pet adoption, spay/neuter clinics, pet licensing, public outreach and more. Fiscal Impact r" None. 1 Recommendation Discussion. Prepared by: Mark E. Dennis Information Communications Manager Agenda Item No.2 Page 2 of 15 ~ ...." ...." Pag.e Title Page 1 of3 ~~os 01"1'; ~,<~~N.'.............-S: ~.. . i . . i ..., ~ '.' (1 < ~ ... I" etfi...# ~ ~ ll2]llIJ1e.l:.r. QQru!te. Qm!actJ)-.S. IIIMwIor <.l' .~.. it!~"'" , ;- > .- , -'\ - Get a new leash on life- with a well-trained dog! Shel1erpe....Heads and IaiI!I above the ,.t' ~ Dog Adoptions . Cat Adoptions . Lost & Found Did you know that one of the main reasons dogs are turned in to shelters is because of behavioral problems? One of the best investments you can make is to enlist the help of a dog trainer or behaviorist soon after adopting your dog. A few months of training will result in a lifetime of pleasure for both you and your animal. Most large pet supply stores such as PETCO and PETsMART offer dog training classes. Or, ask your vet for a referral. Five of the most common reasons dogs are turned in to shelters include the following: ~ Barkino House trainino oroblems Chewino Digging Seoaration anxiety There also are many excellent online resources to help with your behavioral questions. Here are just a few: www.hsus.org www.aspca.oro www.bestfriends.org BARKING The first thing you need to do in order to quiet a chronic barker is to figure out why he's barking in the first place. Is he lonely or bored? Do you spend enough time with him? Remember that dogs are pack animals and prefer the company of other animals and/or humans. Most dogs will not be happy sitting by themselves in the backyard with nothing to do (except bark!) Make sure your dog has plenty of toys to occupy his mind and his need to chew. And make sure you spend quality time with him. Take him for walks and bring him inside the house everyday for some "family" time. Dogs really love being with their people! ,r--- If your dog barks at night, bring him inside. Most dogs prefer sleeping inside anyway (remember, dogs are not solitary creatures by nature.) Relocating your dog from immediate Agenda Item NO.2 Page 3 of 15 http://www.animalfriendsofthevalleys.com/page 12.html 10/7/2007 Page Title Page 2of3 neighbors to another area of your yard might eliminate barking. Another good solution Is to adopt another animal so your dog will have a companion. In extreme cases, you might consider having your dog "de-barked." De-barking is a procedure in which the vocal cord is surgically severed. In most cases, the dog will come home the day of the procedure. The barking sound will still be audible but will be more like a whisper. Consult your veterinarian for more information about de- barking. '-"" Barking is the number one cause of neighbor disputes. Remember, it is unlawful to allow your dog to become a public nuisance. Chronic barking is a serious problem but there are many possible solutions. Investing some time, money, and energy to solving the problem will be well worth the effort, for you and your dog! ..- TOP Copyright @ 2005-07, Animal Friends of the Valleys '-'" "'-" http://www.animalfriendsofthevalleys.com/page 12.html Agenda Item NO.2 Page 4 of 15 10/7/2007 /"'"' MEMORANDUM TO: COMMISSIONER BHUTTA FROM DAVID H. MANN, ASSISTANT CITY ATTORNEY DATE: AUGUST 8, 2007 SUBJECT: VICIOUS DOG REGULATION At the last meeting of the Commission, you requested information regarding existing City regulation of vicious and barking dogs. I have attached the City existing regulations on vicious and barking dogs. Additionally, I have attached similar ordinances from the cities of Corona and Temecula for comparison. After you review this material, please advise us if you would like to include a fuller discUssion of the regulations at a future Commission meeting. y--... cc: Public Safety Advisory Commission Mark Dennis . I"""" Agenda Item No. 2 Page 5 of 15 6.04.245 LAKE ELSINORE CODE 6.04.245 I fi om biting or having the opportunity bing any person. Failure to do so on t e p of the owner or person having cus y of e dog shall constitute a violatio of c. The Animal Control Officer his di cretion, post or cause to be po d an approp . ate sign on any premises here a dog has een quarantined pursu to this chapter warn the public of the act. It is unlawful for any person to rove the sign pos pursuant to t section without pe ission of the Ani al Control Officer first btained in writi g. D. If it a ears to the imal Control Officer that dog or oth r animal has rabies, he may destroy su animal forth- with, or hold th animal r further exam- ination for such .me as e may consider advisable. E. Whenever y nimal is bitten by another animal ha . g rabies, or shows any symptoms of bies, the owner or person having pos ion of the animal shall immediately the Animal Con- trol Officer, and the animal, and keep it confined is established to the satisfaction of the imal Control Officer that it oes not 11 ve rabies. The Animal Con I. Officer all have the power to qu antine any s . h animal or impound it the owner's e pense if the owner or pe son having posse ion thereof fails to con ne such animal i mediately, or in cas the owner or pers n having possessio thereof is not readily accessib e. F. enever the Animal Control Officer. determines that an epid ic of rabie exists or is threatened, he/she shall hav the authority to take such mea ures as ay be reasonably necessary to pr ent th spread of the disease, including e d laration of a quarantine against any r I animals in any area of the City as imal Control Officer may determin d define, for a period of not more tha hundred twenty days. An additional r ded quarantine period may als be d if the same shall be deem nec- ......", the pub- lic health, eaceand safety. quaran- tine declare under the pro . ions of this section other than as res cted herein, shall be upon ch conditi s as the Ani- mal Control 0 er ma determine and declare. G. The City of into a written agre ent or agreements with any veterin . n I nsed by the State of California, 0 any 0 anized humane society or asso lation, w h will under- take to c out the pro . ions of this chapter maintain an operate a pound an license, take up, i ound and dispose animals. Any such ve rinarian or soci or association which en rs into an eement shall carry out the pr sions of this chapter in the ma: h ein prescribed. . 1003 ~ 2 (part), 1996) ......", " 6.04.245 Noisy Anbntlls. A. Declaration of noisy animal as pub- lic nuisance. It is a public nuisance for any person to cause or permit any animal in his or her care, custody or control, to bark, howl, or cry or make any noises or other sounds so as to annoy and become offensive to a resident or residents in the vicinity in. which the animal is kept thereby disturbing the peace of the neigh- borhood or causing excessive discomfort to any reasonable person of normal sensitiv- . ity residing in the area. B. Investigation, issuance of notice. . Upon receipt of a complaint of a noisy animal, the Sheriff's Department or Ani- mal Control Officer shall investigate such ......", 610.6. Agenda Item No.2 Rev. ofda~6 Yf:i! 5 6.04.245 ",...... :i complaint. Based upon such investigation, if the Sheriff or the Animal Control Officer determines that such a nuisance exists or upon receipt of a written complaint signed by the complaining party under penalty of perjury regarding the existence of a noisy animal, the Sheriff or Animal Control Officer shall issue a Noisy Animal Warning Notice to the party responsible for the noisy animal. Such notice shall specify that the continued barking, howling, or other noise or sounds of such animal is in violation of the Lake Elsinore Municipal Code and that the nuisance must be abated to avoid further action by the City. The notice shall also state that if a further response to the same location is necessary because of the continuation of the public nuisance, the responsible party will be held liable to the City, or its designee, for the amount of the Noisy Animal Response Charge as well as for such further abatement proceedings authorized by this chapter. Such notice shall be served upon the responsible party or, if such notice cannot be safely made, posted at the premises upon which the animal is located. A copy of the Noisy Animal Warning Notice shall be filed with the Animal Control Director. The. Animal Control Director, or his/her designee, shall make a reasonable attempt to speak with the responsible party regarding the Noisy Animal Warning Notice within five days of its issuance. If within five days of the issuance of the Noisy Animal Warning Notice the Animal Control Director determines that the barking, howling, or other sound or cry was provoked and that such barking, howling, or other sound or cry was not excessive, unrelenting, or habitual, the Animal Control Director shall cause the Noisy Animal Warning Notice to be voided and the person to whom it was issued shall be so notified. Once voided, the Noisy ,"r r---- ANIMALS 6.04.245 Animal Warning Notice shall not be considered to have been issued for purposes of this chapter. C. Notice of hearing. When the Animal Control Director receives a second verbal or written complaint concerning a noisy animal at the same location within six months after the issuance of a Noisy Animal Warning Notice, the Animal Control Director, or hislher designee, shall determine if the Noisy Animal Warning Notice went unheeded. If the determination is made that the nuisance was not abated, the matter shall be set for hearing before the Lake Elsinore Animal Friends Animal Control Agency (the "Animal Control Hearing' Oflicerlt) and notice of hearing shall be issued by the Animal Control Director, or hislher designee, to the owner or person having charge, custody, or control of the animal. The notice of hearing constitutes written notice of violation of the Lake Elsinore Municipal Code and shall include the date, place, and time of the hearing. The notice of hearing sh all advise that the person having charge, custody, or control of the animal may present evidence at the hearing. The notice of hearing shall be personally served or posted upon the premises where the animal is kept and sent by certified mail, return" receipt requested. In addition, the notice of hearing shall be delivered to any interested parties requesting notice of the hearing. . D. Hearing. The hearing before the Animal Control Hearing Officer shall be open to the public. The Animal Control Hearing Officer may admit all relevant evidence, including incident reports and affidavits of witnesses; the Officer may limit the scope of discovery and may shorten the time to produce records or witnesses. The Animal Control Hearing Officer may .decide all issues even if the 610.7 Agenda Item No.2 Pd!f~' f>lQY ~'!rP. 7/03 6.04.245 LAKE ELSINORE CODE 6.04.245 / owner or person in charge, custody, or control of the animal fails to appear at the hearing. The Animal Control Hearing Officer may find, upon a preponderance of the evidence, that the animal is a noisy animal and that the maintenance of such noisy animal is a public nuisance. Eo Determination and order. Within ten working days after the conclusion of the hearing held pursuant to paragraph D above, the Animal Control Hearing Officer shall by certified mail return receipt requested, notify the owner(s) or person(s) having charge, custody, or control of the animal of the Officer's determination and any orders issued. If the Animal Control Hearing Officer determines that the animal is a noisy animal and that the maintenance thereof is a public nuisance, the owner or keeper of the animal shall comply with the Officer's order within five days after the date of the mailing of the determination and order. The decision of the Animal Control Hearing Officer shall be final, subject to the provisions of State law. F. Administrative abatement mea- sures. The Animal Control Hearing Officer may, as part of its determination that the animal is a noisy animal and the maintenance thereof a public nuisance, direct that appropriate actions be taken to abate the nuisance, including without limitation one or more of the following: 1. Containment of the animal within an enclosed building on the premises of the animal's owner or of the person in charge, custody, or control of the noisy animal. 2. Require that the animal wear a noise suppression device obtained at the expense of the owner of the animal to reduce or eliminate the noise creating the . nuisance. 3. Require that the animal undertake obedience training designed to 610.8 abate the lJ.uisance problem when appropriate and under the conditions imposed by the Animal Control Hearing Officer and at the expense of the animal's owner or the person having charge, custody, or control of said animal. 4. Restrict the time of day, days of the week, and duration when the animal may. be placed out-of-doors on the premises of the owner or person in charge, custody, or control of the animal. 5. Require the animal to be debarked at the expense of the owner of said animal. 6. Require the owner or person in charge, custody; or control of the animal to permanently remove the animal from said property and outside the City limits. 7. Require that the animal be impounded at the expense of the owner or person in charge, custody, or control of the animal in accordance with the fee schedule set forth in Section 6.04.020 hereof. G. Noisy animal response charge. The following shall apply on a subsequent noisy animal response by a Sheriff or Animal Control Officer within six months after the issuance of a Noisy Animal Warning Notice to a responsible party: 1. A Noisy Animal Response Charge shall be imposed if a subsequent response by a Sheriff or an Animal Control Officer is necessary to control or abate the public nuisance created by the noisy animal or to protect the public peace, health, or general welfare after the issuance of a Noisy Animal Warning Notice to a responsible party. The Noisy Animal Response Charge shall not exceed the actual and reasonable costs incurred in connection with the actions taken pursuant to this part. The provisions of this section are in addition to any other provisions of this chapter and any other provisions regarding public nuisances and shall -..." -..." -..." Agenda Item NO.2 Rev. o~~I8 76Y~5 6.04.250 ANIMALS 6.04.250 I r' . ,.J "'/r--- supplement, not supplant the exercise of any other applicable law or ordinance. 2. The Animal Control Director, or his/her designee, shall notify the Finance Department in writing of the name and address of the person(s) responsible for the noisy animal, the date and time of the incident, the services performed, any additional services which are required, and such other information as may be necessary. The Finance Department shall ,thereafter cause appropriate billing of the Noisy Animal Response Charge to be made to the responsible party. Such charge shall be paid within thirty days of the date of the issuance of the billing and at the direction of the City may be paid directly to the Animal Control Agency. 3. Any Noisy Animal Response Charge charged pursuant to this section shall be deemed a civil debt owing to the City by the responsible party. 4. Any person receiving a bill for a Noisy Animal Response Charge may, within fifteen days after the date of issuance of the bill file a written request with the Animal Control Director appealing the charge imposed. The City shall withhold on collection of the bill pending the decision on the appeal. The Animal Control Director shall set the matter for hearing before the Animal Control Hearing Officer, which hearing shall be within fifteen business days after receipt of the appeal. The Animal Control Officer shall issue a written decision on the appeal within ten days of the close of the hearing, which decision shall be mailed by certified mail, retum receipt requested to the appellant. The decision of the Animal Control Hearing Officer shall' be final. If, after the hearing before the Animal Control' Hearing Officer, the appeal is denied in part or in whole, all amounts due to the City shall be paid within thirty days of the date of the r--- 610.9 mailing of the decision of the Animal Control Hearing Officer. (Ord. 1082 ~ 11, 2002; Ord. 1033 ~ 1 (part), 1998) 6.04.250 Vicious or unsafe dogs. A. Vicious or unsafe dogs. A person owning or having charge of a vicious or unsafe dog shall confine it within a build- ing or secure enclosure except that it may be permitted off the premises only when securely muzzled, leashed, and under the control of a person eighteen years of age or older and who is physically capable of re- straining said animal. . B. Abatement of vicious or uns:;lfe animals. Within .the City of Lake' Elsinore there are unconfined or uncontrolled vi- cious or unsafe animals which constitute a public nuisance which should be abated. The provisions of this chapter provide an administrative procedure by which ani- mals found to be a nuisance may be abated following a hearing at which oral and documentary evidence is considered. This chapter is intended to supplement rather than supplant any other remedy available under State law. C. Investigation. Any animal confined pursuant to Section 6.04.250A of this title for biting a human being and any incident reported either to the Sheriff's Department or the Animal Control Officer concerning a vicious or unsafe animal(s) shall be in- vestigated by the Sheriff or his designee or the Animal Control Officer. Based on the investigation, if either the Sheriff's . De- partment or the Animal Control Officer has reasonable cause to believe that the animal is vicious or unsafe, and there is need to abate the animal as a vicious or unsafe animal, he shall so certify to the Animal Control Agency in writing within ten days foll owing completion of the inves- tigation. A copy of the certification shall be Agenda Item' NO.2 JilagEf>tio'ff.7/03 6.04.250 LAKE ELSINORE CODE 6.04.250 i mailed to the person owning or controlling the animal. D. Confinement of vicious or unsafe animal. Whenever the Sheriffs Depart- ment or the Animal Control Officer or his designee has reasonable cause in believe that an animal is vicious or unsafe and that it constitutes an imminent threat to the health or safety of persons, of animals or property of another and if the Officer after reasonable investigation is unable to locate the owner, or if the owner is unwilling or unable in take the necessary steps in confine the animal in a manner ordered by the Officer, the .Officer may immediately seize and impound the ani- mal. The animal shall be returned in its owner only if the Officer is satisfied that the owner will confine the animal as or- dered. If. the owner fails or refuses to make such arrangements for the confinement of the animal, the Sheriffs Department or the Animal Control Officer shall issue an order directing the owner to appear at a designated hearing, as provided pursuant to Section 6.04.250E, to show why such animal shall not be declared a nuisance and in have said nuisance abated and in prevent the nuisance and to perpetually enjoin the person maintaining it, and the owner, lessee or agent of the building, or place, in or upon which the animal exists, from maintaining or permitting it. E. Scheduled hearing. A hearing date shall be set no later than twenty-five days from the date of certification of a vicious or unsafe animal. The Animal Control Agency or Animal Contr~l Officer shall mail or otherwise deliver notice of the hearing to the owner or person controlling the animal, the owner of the real property in which the animal is kept, and may mail . notice in the interested persons. F. Hearing. The hearing shall be held by Lake Elsinore Animal Friends Animal Cont~ol Agency, as that Animal Control Agency designates pursuant in the pro- cedures set by California Food and Agri- culture Code Section 31601 et seq. At the hearing, which may be continued from time to time, both oral and documentary evidence may be taken from any interested person and considered in determining whether the animal is vicious or unsafe. Strict rules of evidence need not apply. Any relevant evidence may be admitted if it is the sort of evidence on which responsible persons are accustomed to rely on in the conduct of serious affairs. The decision of the Animal Control Agency shall be supported by the weight of the evidence and shall be final subject in Section 31621. G. Finding, public nuisance. If, based upon the hearing, the Animal Control Agency finds that the animal is vicious, unsafe or noisy and requires abatement, they shall so specify in writing together with the reasons therefor. Any animal found in be vicious, unsafe or noisy and subject to abatement is hereby deemed a public nuisance and shall be, pursuant to the order of the Animal Control Agency, humanely destroyed, or the nuisance oth- erwise abated by appropriate order includ- ing, but not limited to confinement, muz- zling, fencing, leashing, noise suppres- sion device, obedience training, debarking, or permanent removal of the animal from said property and outside the City limits. The owner of any vicious or unsafe animal that is not required to be humanely de- stroyed may be required by the Animal Control Agency to have liability insurance or bond in appropriate specified amounts for the specified time. Such insurance or bond shall insure to the benefit of persons who may be subsequently injured or dam- aged by said animal. The decision of the Animal Control Agency shall be made within ten days after the conclusion of the ~ ~ ~ 610.10 ~~endaJtem .J'j~. .2 . %~8Hfo or15 6.04.260 ANIMALS 6.04.270 I /"""' ; -:.i hearing and shall be final. A copy of the decision shall be sent by registered mail or otherwise delivered to the person owning or controlling the animal and to the Ani- mal Control Agency. The decision of the Animal Control Agency shall be final for all purposes subject to Section 31621. H. Cost of impoundment. If the Ani- mal Control Agency finds the animal is vicious, unsafe or noisy and subject to abatement, the costs of impoundment including all cost of abatement shall be paid by the owner of the real property or the person owning or controlling the animal and ~hall become a lien against the real property upon which the animal was kept and maintained until said assessment is paid. If the Animal Control Agency finds that the animal is vicious or unsafe but not subje~t to abatement, or if the order includes the release of the animal found to be vicious, unsafe or noisy to the owner or person controlling it, the animal shall not be released until such costs have been paid in full. If such costs have not been paid within fourteen days after the date of mailing or delivery of the order, the Animal Control Agency may order the disposition of the animal in any manner provided by law. No fees provided for by this chapter shall be assessed if the animal is found not to be vicious, or unsafe. I. Payment of assessment. The as- sessment shall be due and payable within fourteen days after the date of mailing or delivery of the order. If the assessment is 'not paid on or before said date, the total amount thereof may be entered on the next fiscal year tax roll as a lien against the property upon which the animal was maintained and shall be subject to the same penalties as are -provided for other delinquent taxes or assessments of the City of Lake Elsinore, or an action may'be brought in the name of the City to recover '/"""' r' the costs of impoundment and/or abate- ment. J. Vicious or unsafe animal registration fee. An animal that has been deemed vicio~s or unsafe will be required to be registered with the Animal Control Agency in addition to obtaining all other necessary licenses. The fees for registering a vicious animal license are established in Section 6.04.020. Failure to renew the registration will result in impoundment of the animal and a citation will be issued as a misdemeanor. (Ord. 1082 ~ 12, 2002; Ord. 1033 ~ 1 (part), 1998; Ord. 1003 ~ 2 (part), 1996) 6.04.260 Keeping d. exotic animals. It is hereby unlawful for any person, firm or corporation to have, keep or harbor or possess any exotic animal, the possession of which requires a California Department of Fish and Game Welfare Permit, Game B~eeder's license, Scientific Collector's Permit, or a Letter Permit, within the City, except for potbelly pigs. (Ord. 1003 ~ 2 (part), 1.996) " , - 6.04.270 Keeping d. exotic animals-Ex- ceptions. A. Any harbored, owned or possessed prior to the passing of this chapter shall be allowed to be kept as per signed agreement between the ownerlkeeper and the Animal Control Agency. R An educational institution may, for an approved, temporary time, have any animal contained with a scientific permit through the Department of Fish and Game. Such a request shall be made, in writing, to the Animal Control Agency, at least five working days prior to possession of such animal. (Ord. 1003 ~ 2 (part), 1996) 610.11 Agenda Item NO.2 Pa~v1 fi>~ ~~p. 7/03 '-'" Article I. CHAPTER 6.10 VICIOUS AND POTENTIALLY DANGEROUS DOGS Sections 6.10.010 Animal Control Board. 6.10.020 Hearing on declaration of dog as potentially dangerous or vicious. 6.10.030 Determination and orders - Notice - Compliance. 6.10.040 Appeal. 6.10.050 Seizure and impoundment pending hearing. 6.10.060 Circumstances under which dogs may not be declared potentially dangerous or '-'" VICIOUS. 6.10.070 Potentially dangerous designation maintained in registration records. 6.10.080 Keeping and controlling potentially dangerous dogs. 6.10.090 Death, sale, transfer or permanent removal- Notice. 6.10.100 Removal from list of potentially dangerous dogs. 6.10.110 Vicious dog - Permit required. 6.10.120 Keeping and controlling vicious dogs. 6.10.130 Destruction - Nondestruction, conditions - Enclosures. 6.10.14Q Prohibition of owning, possessing, controlling or having custody. \ 6.10.150 Fines and limits. 6.10.160 Forms. ....., Agenda Item No. 2 Page 12 of 15 r--- Article II. 6.10.010 Animal Control Board. There is created an Animal Control Board to administer the provisions oftms chapter. The Board shall be made up of three members and include the Chief of Police or his or her designee and, as designated by the Chief of Police, any two other city administrative managers from the Management and Services Department and the Parks and Recreation Department. ('78 Code, ~ 6.10.010.) (Ord. 2036 ~ 3 (part), 1990.) Article ill. 6.10.020 Hearing on declaration of dog as potentially dangerous or vicious. (A) If an animal control officer or a law enforcement officer determines that probable cause exists to believe a dog is potentially dangerous or vicious, the chief officer of the Public Pound or Animal Control Department or his or her immediate supervisor, or the Chief of Police or his or her designee, shall file a petition with the Animal Control Board for a hearing to determine whether or not the dog in question should be declared potentially dangerous or vicious. Whenever possible, any complaint received from a member of the public shall be sworn to and verified by the complainant and attached to the petition. The Animal Control Board shall notify the owner or keeper ofthe dog that it will hold a hearing and that the owner or keeper may present evidence at the hearing. The Animal Control Board shall serve upon the owner or keeper of the dog the notice of the hearing and a copy ofthe petition either personally or by first-class ~ mail with return receipt requested. (B) The hearing shall be open to the public and held not less than five working days nor more than ten working days after service ofthe notice upon the owner or keeper of the dog. The Animal Control Board may admit all relevant evidence, including incident reports and affidavits of witnesses, limit the scope of discovery and may shorten the time to produce records or witnesses. The Animal Control Board may decide all issues even if the owner or keeper fails to appear at the hearing. The Animal Control Board may find, upon a preponderance ofthe evidence, that the dog is potentially dangerous or vicious and make other orders authorized by this chapter. ('78 Code, ~ 6.10.020.) (Ord. 2036 ~ 3 (part), 1990.) Article IV. 6.10.030 Determination and orders - Notice - Compliance. After the hearing conducted pursuant to ~ 6.10.020, the Animal Control Board shall, either personally or by first-class mail, postage prepaid, notify the owner or keeper of the dog in writing of the determination and orders issued. If the Board determines that the dog is potentially dangerous or vicious, the owner or keeper shall comply with ~~ 6.10.070 to 6.10.150 within ten days after the date of the determination. Agenda Item No. 2 Page 13 of 15 If any party contests the determination, he or she may appeal the Animal Control Board's decision pursuant to Chapter 1.09 of this Code. Any further appeal to a court of competent jurisdiction, as provided for in 9 1.09.090, shall be conducted pursuant to California Food and ......, Agricultural Code 99 31622, 31623 and 31624. ('78 Code, 9 6.10.040.) (Ord. 2883 97,2007; Ord. 2036 93 (part), 1990.) Article VI. 6.10.050 Seizure and impoundment pending hearing. Ifthe animal control officer or law enforcement officer determines that probable cause exists to believe the dog in question poses an immediate threat to public safety, he or she may seize and impound the dog pending the hearings held pursuant to this chapter. If the dog is later adjudicated potentially dangerous or vicious, the owner or keeper of the dog will be liable for costs and expenses of impounding the dog. If the chief animal control officer determines that the impoundment is not contrary to public safety, he or she shall permit the animal to be confined in a city approved kennel or veterinary facility, at the owner's expense. ('78 Code, 96.10.050.) (Ord. 2036 9 3 (part), 1990.) Article VII. 6.10.060 Circumstances under which dogs may not be declared potentially dangerous or vicious. (A) The Animal Control Board may not declare the dog potentially dangerous or vicious if the dog inflicted injury or damage to a person committing a willful trespass or other tort upon the premises occupied by the owner or keeper of the dog or was teasing, tormenting, abusing or assaulting the dog or was committing or attempting to commit a crime. The dog may not be declared potentially dangerous or vicious if it was protecting or defending a person within the dog's immediate vicinity from an unjustified attack or assault. A dog may not be declared potentially dangerous or vicious if the injury or damage was sustained by. a domestic animal which was teasing, tormenting, abusing or assaulting the dog. ~ (B) A dog may not be declared potentially dangerous or vicious if the injury or damage to a domestic animal was sustained while the dog was working as a hunting dog, herding dog or predator control dog on the property of or under the control of its owner or keeper and the damage or injury was to a type of domestic animal appropriate to the dog's work. ('78 Code, 96.10.060.) (Ord. 2036 9 3, 1990.) Article VIII.6.10.070 Potentially dangerous designation maintained in registration records. Notwithstanding the provisions of Chapter 6.12 regarding licensing and vaccination, all potentially dangerous dogs shall be properly licensed and vaccinated. A dog determined to be potentially dangerous must have that designation in its registration records. The city may charge . a potentially dangerous dog fee in addition to the regular licensing fee to provide for the increased costs of maintaining the records of the dog. ~ Agenda Item NO.2 Page 14 of 15 6.02.120 Vicious dogs and cats-Stray and ... http://www.qcode.us/codes/temecula1view.php?topic=6-6 _02-6_02... Temecula Municipal Code r' ,Vp Pre!ious Title 6 ANIMALS Chapter 6.02 KEEPING AND CONTROlUNG DOGS AND CAT5-CONTROl AND SUPPRESSION OF RABIES .Next Main ~arch ~rint No Frames r remove hi2hli2htin2 1 6.02.120 Vicious dogs and cats-Stray and barking dogs. A. It is unlawful for the owner or person in charge of any vicious dog or vicious cat to fail, neglect or refuse to keep posted in a conspicuous place at or near the entrance to the premises on or within which such dog or cat is kept, a sign having letters at least two inches in Width and two inches in height and reading "Beware of Vicious Dog" or "Beware of Vicious Cat," as may be appropriate. No vicious dog or vicious cat shall be permitted to leave the premises of the owner or person in charge thereof unless such dog or cat is under the immediate control and physical restraint of such owner or person and in the case of a vicious dog, such dog shall be muzzled. B. If it shall be determined by the chief animal control officer that a dog or cat is a vicious dog or cat . but is not afflicted with rabies, the chief animal control officer shall thereupon order the person who owns or has custody of such dog or cat that until further order of the chief animal control officer, the owner or custodian of such dog or cat shall keep the dog or cat securely fastened by chain, or securely confined within private property, or shall keep the dog or cat in such manner as the chief animal control officer shall direct to prevent such dog or cat from biting or having the opportunity to bite any person. Failure to comply with any order of the chief animal control officer made pursuant to this subsection, on the part of the owner or person /""" having custody of the dog or cat which is the subject of such order, shall constitute a violation of this chapter. C. It is unlawful for the owner or person in charge of any dog, whether licensed or unlicensed, to permit such dog to run at large. D. It is unlawful for any person to keep or allow to be kept, or suffer or permit any dog to remain upon the premises under the control of such person, when such dog habitually barks, whines or makes loud or unusual noises in such a manner as to disturb the peace and quiet of the neighbors surrounding or in the vicinity of such premises, or whose barking or howling or other sound or cry interferes with any person of ordinary sensitivity in the reasonable comfortable enjoyment of life and property. E. It is unlawful for any person to set or maintain an operating trap for a cat unless a sign is posted on the property stating that such trap is in use on the property. The sign shall be clearly visible from the road serving the property on which the trap is set or maintained and shall remain posted and visible at all times while the trap is in use. Trapping shall not continue for more than ten days in a thirty-day period. This section shall not apply when the trap is being used for rabies control as determined in writing by the chief animal control officer. COrd. 95-06 ~ 2 (part)) r' ,[1 Agenda Item No. 2 Page 15 of 15 8/7/20078:07 PM LAKE ELSINORE Deemed by hearin~ Public Nuisance---22dogs , 04---4dogs '05---4dogs , 06--- 7 dogs , 07 --- 7 dogs Potentially Dangerous---18dogs '04---3dogs '05---6dogs , 06---6dogs '07---3dogs Vicious Dogs---2 '05---1 , 06---1 - -~- - - -~- - - -~- - - -~- - - -~- - - -~- - - -,- - - -,- - - -,- - - -,- - - -,- - - -~-- Animal Control has responded: Running at Large Jan thru August'07---165 calls Welfare (Penal Code597) Jan thru August'07---134 Barking Complaints Average 6 calls per day DOA---3 to 4 daily (includes wildlife) Confinement checks, kennel Violations, Quarantines,Bite Reports, Incident Reports, Leash Law, Tethering... .... LAKE ELSINORE DATE CALLS 1-Sep 14 4-Sep 11 5-Sep 14 6-Sep 18 7 -Sep 15 8-Sep 17 . 10-Sep 12 11-Sep 18 12-Sep 11 13-Sep 13 14-Sep 12 , 15-Sep 1 17 -Sep 11 J 8-Sep 15 19-5ep 17 20-Sep 10 21-Sep 11 22-Sep 3 24-Sep 13 25-Sep -1'S 26-Sep f~ 27 -Sep 11 2S-Sep 17 29-Sep 8 AFTER HOUR CALLS 22 ADMINISTRATIVE TOTAL 324 CALLS C >> ,&) c ]c:.E tI} Q).::: ::l] ~ ~o.ocg .~.~ !3 ~ ..c 01 0_ :E;: ~:~ ~O..cU >.,0':::"Cl b' ~ o.~ ;:;~t::s 8.05;'= ..c u '" 5] 5'~ ~ S'E 5 o b Q..'- i ~ ~ ~ ... "Cl '" ;.= >>] '" >.::: +..0 :E ~ a ~.5 ';:: ._ V}..... 0 :::: s ~.5 ~ -..,..,..!!! ::: "o.oc~ "CI"'",so.o Gl a.- 0.5 ~ ~ c u "Cl e 51 01 ~ ~6-4)o"-;' ~ '" 8.c e ~ = '" >> >> ~o e.s c OI<(N ~ >>.= 8 . 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'" .... 1! ;::I 0 - OJ "0 ~ 5 u'E..c:] .;:: ~ r:'-l"'c'" ~~~~gl)~..gIU~~55 {,; fr'~ g- .c '0 (.) aJ ~ ~.~ g .~ ~ .-. u 0 ~ugo :u~~o~~_~e.,)~~..... UX"'!ih o"'-">>-gS6.~~E-~ ~..:u .~...s::tS"";i'-''''5 (J)'-'M~ ~~B;::I"3~0~c8c.!!le..l:!~5~~ ...: '-' u ~ ~ ~ t3 G) .~ 'S: :c CG 'C ;.s = u ~~~~; ~~ou~u~~co ~ ~'-' .. <Ll e- 0 ~ IU"O Po.C'd"O ;;; ooe:: oQ,~- ~ CITY OF ~ LAKE6LSiNORI: \ .... . I ;;iJ!..~ DREAM EXTREME", REPORT TO PUBLIC SAFETY ADVISORY COMMISSION TO: CHAIRMAN AND BOARDMEMBERS FROM: MARK DENNIS INFORMA TION/COMMUNICA TIONS MANAGER DATE: OCTOBER 10, 2007 SUBJECT: CITIZEN CORPS/COMMUNITY EMERGENCY RESPONSE TRAINING (C.E.R.T.) OVERVIEW (Presenters: Bill Payne, Public Works Manager, Cynthia Quigley, County of Riverside Emergency Services Coordinator) Backaround Promoting emergency preparedness throughout the community and the ability to r' effectively organize disaster response volunteers are essential elements in disaster planning. This is a presentation by Public Works Manager Bill Payne, who oversees the City's disaster planning efforts, and Cynthia Quigley, Emergency Services Coordinator with the Riverside County Office of Emergency Services (DES). This is the second presentation to the PSAC that focuses on a local model for organizing, recruiting and sustaining community volunteers: the Temecula Citizen Corps (T.C.C), established under the auspices of the Homeland Security Department in 2002. A related training model for citizen volunteers is the Community Emergency Response Team (C.E.R.T.), offered to communities in collaboration with the County DES. Both models are effective programs for increasing disaster preparedness and community awareness. Discussion Organizing a community volunteer network to expand the City's emergency preparedness planning is a stated goal of the Public Safety Advisory Commission. Earlier this year, the Public Safety Advisory Commission established a subcommittee to ~ develop a framework for establishing, training, equipping and mobilizing a dedicated volunteer network based on the C.E.R.T. training and Citizen Corps models. 1 - The first task in organizing a local volunteer network is developing a framework that includes the following elements: ....., 1. Mission Statement 2. Goals and Objectives 3. Governance (Administrative Council membership, duties, procedures) 4. Council Task Area Definitions (e.g., membership/leadership, training, promotion and marketing, budgeting, etc.) 5. Volunteer Functions and Duties 6. Funding 7. Staff Support (technical, legal, professional, clerical, etc.) 8. Action Plan and Implementation Schedule The goal is to present a viable framework and budget recommendation to the City Council in 2008 to establish a sustainable volunteers' network that would significantly increase the City's response capability during an emergency or natural disaster. ....., Fiscal Impact Unknown. The annual cost to sustain a volunteer network could range from $10,000 at startup to $30,000 or more as the City grows. For example, the TCC operating budget includes private donations from fund raisers and $30,000 from the City of Temecula. Funding is used for the following: . Equipment and emergency supply purchases (e.g., safety articles for volunteers, portable radios, emergency trailer restocking, etc.) . Staff and community training (e.g., CERT training, state and national seminars for leadership positions, community safety drills) . Promotion and marketing (e.g., open houses, reverse 911 messages, special events) . Administrative costs (e.g., printing and mailing, membership support, purchasing, and so forth). '-' Agenda Item NO.3 Page 2 of 3 r' Recommendation ,.-. ,.-. Receive and file. Prepared by: Mark E. Dennis Communications Information Manager Agenda Item NO.3 Page 3 of 3 r- CITY OF . .~ LAKE \~LSiI10RJ;: Y DREAM E,XTREME... TO: REPORT TO PUBLIC SAFETY ADVISORY COMMISSION CHAIRMAN AND BOARDMEMBERS MARK DENNIS INFORMA TION/COMMUNICA TIONS MANAGER OCTOBER 10, 2007 FROM: DATE: SUBJECT: REVIEW OF L.E.M.C. 10.12, PARKING REGULATIONS: 'PARK SMART' PROGRAM FIRST YEAR RESULTS Backaround The purpose of this item is to discuss the first year results of the City's large vehicle Ordinance and parking regulations, also known as the "Park Smart" Program, which was inaugurated on October 1, 2006. A table showing enforcement activity from October 2006 through September 2007 is attached. r- A staff representative from the City's Code Enforcement division will be available to answer any PSAC questions about the "Park Smart" program and "frequently asked questions" about parking regulations from citizens. Discussion Last year, following an extensive update by the PSAC and the Assistant Attorney, the City Council approved more stringent parking rules and regulations for RVs" trailers and other large vehicles, in response to safety concerns about large vehicle parking in residential neighborhoods. The PSAC also recommended that the new ordinance be evaluated after the first year, to determine if the following "Park Smart" program objectives are being met: 1. Reduction in large vehicle parking complaints by citizens; 2. Increased compliance with the 24 hour large vehicle parking rule; 3. Enforcement effectiveness; 4. Public awareness of "Park Smart" parking regulations. r-In summary, the first year results show: Agenda Item No.4 Page 1 of 4 1. Large vehicle parking complaints are falling as a result of aggressive enforcement; 2. Compliance with the 24 hour large vehicle parking rule is holding steady, as shown by the decline in violations since program inception; . 3. Code Enforcement has effectively administered the program using the new citation "bail" schedule, which sets forth the penalties for first time and repeat violations; 4. Code Enforcement officers and staff have effectively used the "Park Smart" brochure, first time warnings and violation notices to ensure affected large vehicle owners are aware of the "Park Smart" rules and obey them; 5. A one-time mass mailing of a new "Park Smart" brochure to all City residents one month in advance of the October 1, 2006 effective date helped increase public awareness about the new parking restrictions and recreational vehicle storage requirements. Information about the program is also on the City's Web site. The new parking regulations and "Park Smart" public information campaign have effectively reduced a problem of large and oversized vehicles being parked and/or stored in the public right-of-way in residential neighborhoods for excessive periods, resulting in safer streets and more attractive neighborhoods. Fiscal Impact No net additional cost. The Park Smart Program has been enforced using existing Code Enforcement staff. No additional staffing to administer this program was requested at the time the program was approved by the City Council. Recommendation Receive and file. Prepared by: Mark E. Dennis Communications Information Manager Agenda Item NO.3 Page 2 of 4 ,.." ,.." ,.." . CITY OF ~ .. LA.K!S .~. LSI110R.& ~ ..~.. OVERSIZED VEHICLE PARKING 'ORDINANCE STATISTICS OCTOBER 01 , 2006 TO SEPTEMBER 30, 2007 ~ Code Period Period Period Period Period Period Period Period Period Period Period Period Section Oct Nov Dee Jan feb Mar Apr May Jun Jul Aug Sep 2006 2006 2006 2007 2007 2007 2007 2007 2007 2007 2007 2007 10.12.130(A) 2 0 3 0 3 0 0 2 0 1 0 0 LEMC 10.12~130(B) 2 0 0 0 0 0 0 0 0 0 0 0 I..EMC 10. 12.130(C) 6 11 7 2 0 2 0 0 0 0 1- 0 LEMC 10.12.130(0) 10 16 13 9 5 9 1 5 3 3 1 2 LEMC . 10.12.13()(E) 6 3 2 2 0 4 1 0 0 0 0 0 LEMC . 26 30 2S 13 8 15 2 7 3 4 2 2 TQt~Js '.~ Agenda Item . NO.4 Page 3 of4 CITY OF LAKE ELSINORE OVERSIZED VEHICLE PARKING CITATION STATISTICS OCTOBER 2006 THROUGH SEPTEMBER 2007 LEMC SECTION 10.12.130 (A) Any motor vehicle or motor vehicle with an attached trailer or non-motorized vehicle over twenty-five (25) long, measured from the extreme forward point to the extreme rear point, including extensions. Total Citations Issued=11 LEMC SECTION 10.12.130 (8) Any motor vehicle, including buses, motor trucks, trailers, semi-trailers, trailer coaches, or truck tractors, over ninety-six (96) inches wide, measured at its widest point,' excluding side-view mirrors. Total Citations Issued=2 LEMC SECTION 10.12.130 (C) Any commercial vehicle (except passenger-class vehicles, vans, SUVs or pickup trucks with standard bed being used as a commercial vehicle). Total Citations Issued==29 LEMC SECTION 10.12.130 (0) Any non- motorized vehicle, such as a semitrailer, trailer, trailer coach, motorcycle or other utility trailer, two or more axle camper, or a one-axle camper, which has been detached from its drawing vehicle, boaVwatercraft trailer, or farm machinery. Total Citations Issued=78 LEMC SECTION 10.12.130 (E) Any recreational vehicle (RV) over twenty (20) feet long, measured from the extreme forward point to the extreme rear point, including extensions. Total Citations Issued=18 Agenda Item No.3 Page 4 of 4 r ~ CITY OF .~ LAKE 6LSiIiO~ ,.. , ~...@ DREAM E,XTREME... TO: REPORT TO PUBLIC SAFETY ADVISORY COMMISSION CH~RMANANDBOARDMEMBERS FROM: MARK DENNIS INFORMATION/COMMUNICATIONS MANAGER DATE: OCTOBER 10, 2007 SUBJECT: DISCUSSION OF SAMPLE ORDINANCES REGULATING NEWSSTANDS IN THE PUBLIC RIGHT-OF-WAY Backaround Following a request by the Commission at its last regular meeting, the City Attorney's office has assembled sample ordinances showing how newsracks are regulated in various cities. ~ Discussion A newsrack is the modern equivalent of the corner newspaper boy, found in locations of higher pedestrian or, in today's society, automotive traffic. The goal of these boxes is to provide high visibility and easy access for the publication to as many individuals as possible. This is why newsracks tend to cluster; a good location for one is typically a good location for another. However, the lack of requirements for placement locations, sizes, colors, and other features of newsracks cause secondary effects on the surrounding area; including visual clutter, litter, and pedestrian hazards. The primary issue regarding outdoor newspaper racks is their obstruction of sidewalks and the corresponding visual blight. When not properly placed, newsracks are an obstruction/hazard to pedestrians. Newsracks are especially a hazard for disabled citizens because they limit the width of sidewalk for travel or force pedestrians to change route suddenly. Newsracks also block access to fire hydrants and can interfere with bus stop access. Additionally, newsracks are a visual obstruction that limit the viewing distance of drivers and pedestrians and obstruct traffic signage, which endangers public safety. Physically, newsracks come in a variety of styles but are of two predominate types: fixed single newsrack boxes (that are often clustered together) and modular units which contain two or more self service or coin-operated boxes. /"'" Agenda Item No. 5 Page 1 of 17 Ordinance Regulating Newsracks October 10, 2007 Page 2 With respect to regulations, there are three approaches for a community to take in regards to newsracks: "'" . PERMITTING WITHOUT RESTRICTION. This is the approach currently used in the City. . PERMITTING WITH RESTRICTION. This method utilizes the granting of permission to use the right-of-way subject to complying with specific regulations. These range from community to community, but typically regulate size, additional advertising on the box, as well as placement of newsracks. The attached EXHIBIT A and EXHIBIT B are examples of ordinances imposing such restrictions. These ordinances are from the cities of Diamond Bar and Temecula, respectively. . UNIFORM DISTRIBUTION RACK. This is the most restrictive option available to the City. With this approach, a community bans all newsracks in designated "districts." In exchange, the city either provides newsracks or a private contractor does. These are typically modular newsracks and are installed following a system of locating, preferably with criteria to ensure good accessibility without over crowding the area. Spaces are then provided to periodical vendors. The attached EXHIBIT C is an example of an ordinance imposing such restrictions. "'" This ordinance was recently adopted in San Leandro. With respect to safety, the downtown post office in Lake Elsinore illustrates a newsrack arrangement that borders on dangerous to both pedestrian and automotive users. The safety issues are of concern because, as objects on public right-of-way, the City is responsible for ensuring safe roads and sidewalks. Accordingly, it is appropriate for the Commission to consider the need to create a regulatory system for news racks in the downtown to ensure public safety. Fiscal Impact None. Recommendation Review the attached example ordinances and, if newsrack regulation is desired, direct legal counsel to develop a draft ordinance incorporating the preferred components of those examples. Prepared by: David H. Mann Assistant City Attorney "'" Agenda Item No. 5 Page 2 of 17 /""" ~ EXHIBIT A DIAMOND BAR ORDINANCE [A TT ACHED] ~ Agenda Item No. 5 Page 3 of 17 DIVISION 2. HIGHWAY PERMITS* Page 25 of 29 Secs. 12.04.1960--12.04.2200. Reserved. '-'" Subdivision X. Newsracks* .Cross references: Peddlers and solicitors, ~ 5.92.010 et seq.; pornography and obscene matter, ~ 9.08.110 et seq. Sec. 12.04.2210. Permit. (a) Required. No person. whether as a principal or agent, clerk or employee, either for himself or any other person. or as an officer of any corporation. or otherwise, shall place or maintain a news rack on or projecting onto a highway unless and until a newsrack permit has been obtained from the director of public works. (b) Application and issuance; only one permit required. Upon proper application on forms provided by the director, which may require any of the information described in subsections 12.04.410(a), (b) and (c), the director shall issue the applicant a newsrack permit. Notwithstanding any other provision of this division, the director may not refuse to issue a newsrack permit properly applied for. One permit shall permit the placement and maintenance of any number of news racks on the highway in accordance with the provisions of this subdivision. (c) No fee required. No fee shall be required for the issuance of a newsrack permit. (d) Renewable annually. A news rack permit shall be renewable annually. (Ord. No. 14(1989). ~ 2(16.24.010-16.24.040), 6-27-89) ......., ... Sec. 12.04.2220. Identification required. Every newsrack permittee shall permanently affix to each newsrack placed or maintained on or projecting over any portion of the highway: (1) The permittee's name, address. and phone number as required by Business and Professions Code ~ 17570; and (2) The p,ermittee's permit number. (Ord. No. 14(1989), ~ 2(16.24.050), 6-27-89} Sec. 12.04.2230. Location. (a) Prohibited where vehicles are permitted. No person shall place or maintain any news rack on any portion of, or projecting onto. into or over any portion of the highway on which vehicles are lawfully permitted. (b) Placement, maintenance and use. No newsrack shall be placed, installed, used or maintained In the following locations: . ......., http://libraryl.municode.com/mcc/Doc View/12790/1/243/248/250 Agenda Item No.5 ~~O~7of 17 /""" DIVISION 2. HIGHWAY PERMITS* Page 26 of29 /""" (1) Within three feet of any marked crosswalk; (2) Within 15 feet of the curb return of any unmarked crosswalk; (3) Within three feet of any fire hydrant, fire callbox, police callbox, or other emergency facility; (4) Within three feet of any driveway approach; (5) Within three feet ahead of, and 15 feet to the rear of any sign or pavement markings marking a designated bus stop, measured parallel to the flow of traffic; (6) Within three feet of any bus bench; (7) At any location where the newsrack causes, creates or constitutes a traffic hazard; (8) At any location where the newsrack unreasonably obstructs or interferes with access to, or the use and enjoyment of abutting property; (9) Where the newsrack will endanger persons or property; (10) Where the newsrack will unreasonably interfere with or obstruct the flow of pedestrian or vehicular traffic on the highway; and (11) At any location whereby the clear space for the passage of pedestrians is reduced to less than three feet. The provisions of subsection 12.04.410(d) are hereby made specifically applicable to subsections (7) through (11) of this section. (Ord. No. 14(1989), ~ 2(16.24.060,16.24.070),6-27-89) Sec. 12.04.2240. Display of certain matter. Publications offered for sale from newsracks placed or maintained on or projecting over the highway shall not be displayed or exhibited in a manner which exposes to public view from the highway any material which is obscene under state law. (Ord. No. 14(1989), ~ 2(16.24.080), 6-27-89) Sec. 12.04.2250. Display In areas where minors are not excluded; harmful matter restricted. (a) No person shall knowingly display or cause to be displayed, in any public place where minors are not excluded, any harmful matter as defined in Penal Code ~ 313 unless such matter is displayed in newsracks equipped with devices commonly known as blinder racks affixed in such a manner that the lower two-thirds of the matter is not exposed to view. (b) This section shall not apply to news racks that are placed or projected upon public highways and which are subject to the provisions of section 12.04.2240. (Ord. No. 14(1989), ~ 2(16.24.085), 6-27-89) State law references: Authority, Penal Code ~ 313.1(d). r" Sec. 12.04.2260. Impoundment of racks; correction or other disposal authorized. (a) The sheriff or the director of public works or their designates: http://libraryl.mumcode.comlmcclDocView/12790/1/243/248/250 Agenda Item No. 5 \911tf~OYbf 17 DIVTSTON 2. HIGHWAY PERMITS* Page 27 of29 (1) May immediately correct any violation of section 12.04.2230{b), and shall do so without impounding if such correction can be accomplished simply, easily, quickly and without expense. (2) May, notwithstanding any other provisions of this division, immediately remove and impound any newsrack in violation of this subdivision if the violation is creating a dangerous or hazardous condition which cannot be corrected simply, easily, quickly and without expense. Notice of such action and the right to request a hearing in accordance with this subdivision shall bemailedtothepermitteeorperson.ifknown.maintaining such newsrack, within five working days after such action. (3) May notify the permittee or person, if known, maintaining a newsrack found in violation of this chapter, either in person, by telephone or by mail, in their discretion, and/or by affixing a notice to the newsrack, that unless the violation is corrected or a hearing requested, within two working days if the notice is in person or by telephone, within five working days if the notice is by mail, or within seven working days if the notice is by affixing a notice to the newsrack, of the date of the notice, the newsrack will be impounded. (4) May impound any news rack in accordance with the decision of any hearing requested pursuant to this subdivision. (b) If a hearing on the impounding of the newsrack is not timely requested or if the newsrack is not returned in accordance with the provisions of this subdivision, the sheriff or the director or their designates may sell or otherwise dispose of the newsrack, and its contents, and deposit the proceeds, if any, from any such sale or other disposition, and any moneys contained in the news rack , in the city treasury, in the case of impounding by the sheriff, or in the road fund, in the case of impounding by the director. (Ord. No. 14(1989), ~ 2(16.24.100), 6-27-89) Sec. 12.04.2270. Return of impounded newsracks. (a) Unless the newsrack and its contents are being held as evidence in a criminal prosecution, the permittee or if there is no known permittee a claimant who provides sufficient proof of ownership of an impounded news rack may, at any time up to and including the 30th day after the impounding, and if a hearing pursuant to this subdivision is held concerning the newsrack, may, at any time up to and including the 30th day after the decision at such hearing becomes final. obtain a return of the newsrack and its contents, upon paying an impound fee of $25.00, plus the reasonable additional cost, if any. of impounding the news rack in excess of $25.00. (b) The director of public works or his designate may, after a hearing in accordance with this subdivision. order the newsrack returned without payment of any impound fee; or, If an impound fee has previously been paid, may order return of any such impound fee. (c) A court before whom criminal charges concerning an impounded newsrack are pending, may, upon dismissal of the charges or a finding of acquittal. in its discretion order an impounded newsrack returned without payment of an impound fee or the return of the impound fee paid. (Ord. No. 14(1989),92(16.24.110).6-27-89) """" """" Sec. 12.04.2280. Hearings on impoundment. (a) Request for hearing. Any permittee or person maintaining a newsrack found in violation of this subdivision may, at any time within 30 days of the alleged violation, request in writing a hearing before the director of public works or his designate. .., http://libraryl.municode.com/mcc/Doc View /12790/1/243/248/250 Agenda Item No. 5 ~6~bf 17 I"'"'" I"'"'" I"'"'" DIVISION 2. HIGHWAY PERMITS. Page 28 of 29 (b) stay pf1nding decision. A timely request for a hearing made prior to any impounding shall operate to stay any impounding until five working days after the decision is rendered, unless further stayed pending any appeal therefrom. (c) Conduct of hearing. A hearing shall be held, unless continued by agree~ent, within five working days of the request for a hearing. At the hearing, any person may present evidence or argument as to whether the newsrack was in violation of this subdivision or whether the newsrack should be returned without payment of an impound fee. (d) Decision. A decision shall be rendered within five working days after the close of the hearing. (e) Notice of decision. The director or his designate may give oral notice of the decision at the close of the hearing or may send notice of the decision by mail. (Ord. No. 14(1989), ~ 2(16.24.120), 6-27-89) Sec. 12.04.2290. Appeal after hearing, (a) Appeal. Any person who requested a hearing may, within five days after notice of the decision therein is given pursuant to this subdivision, appeal such decision to the city council. (b) Contents of appeal. The appeal shall be in writing, shall state the legal and factual basis upon which the appeal is to be based, and shall be flied with the director of public works or his designate, who shall forthwith forward the appeal, together with a copy of the decision, to the clerk of the city council. (c) Stay pending appeal. A timely appeal of the decision shall operate to stay any impounding pending action taken on the appeal by the city council pursuant to this section. (d) Action. Upon receipt of the appeal and decision, and as soon as practical, the city council rnay take anyone of the following actions: (1) Grant a stay of the decision or any impounding pending further consideration by the city council; - (2) Approve the decision and order; (3) Refer the matter back to the director with or without instructions; or (4) Set the matter for public hearing before itself. Such public hearing shall be held de novo as if no hearing previously had been held. (e) Stay pending action by council. Action taken by the city council pursuant to subsections (d) (3) and (d)(4) of this section shall operate to stay the decision or any impounding pending final resolution of the issue of whether the newsrack was in violation of this subdivision or whether the newsrack should be returned without payment of an impound fee. (f) Effective date of board action. Action taken by the city council pursuant to subsection (d)(2) of this section shall be effective two working days after the action is taken. (Ord. No. 14(1989), ~ 2(16.24.130}, 6-27-89) Sec. 12.04.2300. Penalty for violation of division. Notwithstanding any other provision of this division, any person who violates section 12.04.2210 (a), 12.04.2220 or 12.04.2230 shall be guilty of a misdemeanor and may be punished as provided in section 1.04.010. http://libraryl.municode.com/mcclDoc View/127901l/243/248/250 Agenda Item No. 5 ~eotlof 17 DlvrSION 2. HIGHWAY PERMITS'" Page 29 of 29 (Ord. No. 14(1989), ~ 2(16.24.140), 6-27-89) "WI' Sec. 12.04.2310. Other remedies authorized by law. The provisions of this subdivision shall not limit any other remedies authorized by law. (Ord. No. 14(1989), ~ 2(16.24.150), 6-27-89) Secs. 12.04.2320--12.04.2400. Reserved. Subdivision XI. Overhead Structures Sec. 12.04.2410. Minimum height over highways. Each overhead structure which extends over the portion of the highway used by vehicles shall be not less than 15 feet above the highest portion of the highway surface. If the director of public works finds that traffic conditions are such that it is necessary for highway safety for such structure to be at a greater height, then such structure shall be at such greater height as specified by the director. (Ord. No. 14(1989), ~ 2(16.26.010), 6-27-89) Sec. 12.04.2420. DoolWay shelters. Each overhead structure used primarily for a covered shelter for ingress and egress into a doorway shall not exceed ten feet in width and shall have a vertical clearance of not less than eight feet at every point. Each structure shall be supported by metal posts on a line two feet back from the face of the curb, if any, otherwise from the edge of the portion of the highway designed for use by motor vehicles, and shall be constructed in such a manner that no portion thereof shall extend toward the roadway more than six inches beyond the metal posts. (Ord. No. 14(1989), ~ 2(16.26.020), 6-27-89} '-"" Sec. 12.04.2430. Permit allows maintenance of structures; exception. Any permit to erect or maintain an overhead structure shall be treated as and deemed to be a permit to maintain such structure until expiration or revocation of the permit. This section does not apply to agencies operating under approved franchise. (Ord. No. 14(1989), ~ 2(16.26.030),6-27-89) Sec. 12.04.2440. Removal of structures following permit expiration or revocation. Upon the effective date of the expiration or revocation of the permit, the person maintaining the overhead structure shall remove same, and restore any highway facility damaged or removed. (Ord. No. 14(1989), ~ 2(16.26.040), 6-27-89) Secs. 12.04.2450-12.04.2600. Reserved. "WI' http://libraryl.municode.comlmcclDoc View/12790/1I243/248/250 Agenda Item No. 5 ~~<l9bf 17 ".- EXHIBIT B TEMECULA ORDINANCE [ATTACHED] ".- ".- Agenda Item No. 5 Page 9 of 17 Chapter 1 0.40 REGULATION OF NEWSRACKS TN PUBLIC RlGHTS-OF- WAY Page 1 of6 Temecula Municipal Code Up Previous Next Title 10 VEHIUES AND TRAFFIC Main Collapse Search Print No Frames ~ Chapter 10.40 REGULATION OF NEWSRACKS IN PUBUC RIGHTS-Of-WAY 10.40.010 Purposes and intent. The city council does find, determine and declare that: A. It is the purpose and intent of this chapter to provide for a reasonable and uniform regulation of newsracks in the city. The uncontrolled placement and maintenance of newsracks on the public right~of-way unreasonably interferes with and obstructs the public's use of such rights-of-way and such obstruction of the free use of property interferes with the comfortable enjoyment oftife and property by the entire community. B. The proliferation ofnewsmcks on public rights-of-way to display words and pictorial material describing and depicting explicit sexual conduct and nudity, exposes children, minors and unwilling adults to such material, unreasonably interferes with the public's use of such right-of-ways, and constitutes unwarranted invasions of individual privacy. C. The Temecula general plan policies and progmms emphasize the importance of maintaining the aesthetic quality of the city and preventing the uncontrolled proliferation of signs and structures throughout the city. The regulations set forth in this chapter are appropriate and reasonable regulations to protect the aesthetic values of the city and the health and safety of persons in the city. The placement ofnewsracks which do not comply with the regulations set forth in this chapter is detrimental to the aesthetic values of the city and the health and safety of the persons within the city. D. It is recognized that the use of rights-of-way is historically associated with the sale and distribution of newspapers and publications and that access to these areas for such purposes should not be absolutely denied. E. The protection and preservation of public health, safety and welfare requires that certain distance and height restrictions be placed on newsmcks to insure the safety of pedestrians using the sidewalks and the safe flow of tmffic on streets. F. GOVernment agencies and utilities receive numerous claims from persons alleging injury due to the improper placement and maintenance of objects in the public right-of-way, such as power poles, light standards, signals, signal control boxes, newsmcks, trees and similar objects. It is therefore necessary for the city to obtain some protection for such claims from private parties who will place objects in the public right-of-way. G. It is the purpose and intent of the special regulations for materials harmful to minors and sexually explicit material to protect and preserve the public health, safety and welfare of citizenry, especially minors, and that special regulation of the time, place and manner of the display of harmful matter and sexually explicit materials in newsracks is necessary. In adopting the regulations under this chapter, it is recognized that the display of harmful matter or sexually explicit materials in newsmeks will cause the exposure of minors to adult material which, because of their immaturity, may adversely affect them. In addition, it is recognized that many persons are offended by the public display of certain sexual material. Special regulation of these uses is necessary to address these concerns. H. It is not the intent of the city council under this chapter nor any provision thereof to condone nor legitimize the distribution of obscene, harmful to minors or sexually explicit materials, and the council recognizes that state law prohibits the distribution of obscene and harmful to minors materials and expects and encoumges law enforcement officials to enforce state obscenity statutes against such illegal activities in Temecula. I. It is not the intent of this chapter to suppress any speech activities protected by the First Amendment, ......., ,....." Agenda Item NO.5 http://www.qcode.us/codes/temeculalview.php?topic=1O-lO_40&showAll=1&frames=on~~.bf17 Chapter I 0.40 REGULATION OF NEWSRACKS IN PUBLIC RIGHTS-OF- WAY Page 2 of6 ~ but to enact a content neutral ordinance and to balance protected activities with the need to protect the substantial governmental interests described above. (Ord. 94-28 ~ 1 (part)) 10.40.020 Definitions. The following words, terms and phrases, when used in this chapter, shall have the meaning ascribed to them in this section, unless it is apparent from the context that a different meaning is intended. "Blinder rack" means any opaque material placed within the newsrack in front of the harmful matter which prevents exposure of the harmful matter to public view. "Custodian" means a person who has the responsibility of placing, servicing or maintaining a newsrack by depositing in andlor removing material from such newsrack andlor by collecting money from such newsrack. "Display" means to show. "Harmful matter" means matter taken as a whole, the predominant appeal of which to the average person, applying contemporary statewide standards, is a prurient interest, meaning a shameful or morbid interest in nudity, sex or excretion, and is patently offensive to the prevailing standards in the adult community as a whole with respect to what is suitable material for minors, and lacks significant literary, artistic, political, educational or scientific value for minors as described in California Penal Code Section 313, or its successor sections. 1. When it appears from the nature of the matter or the circumstances of its dissemination, distribution or exhibition that it is designed for clearly defined deviant sexual groups, the predominant appeal of the matter shall be judged with reference to its intended recipient group. 2. In prosecutions under this chapter, where circumstances of production, presentation, sale, /'"'" dissemination, distribution or publicity indicate that matters being commercially exploited by the defendant for the sake of its prurient appeal, that evidence is probative with respect to the nature of the matter and can justifY the conclusion that the matter lacks significant literary, artistic, political, educational or scientific value for mmors. "Knowingly" means being aware of the character ofthe matter. "Matter" means any book, magazine, newspaper or any other printed or written material or any picture, drawing, photograph, motion picture or any other pictorial representation or any statue of other figure, or any recording, transcription, or mechanical, chemical, or electrical reproduction of any other articles, equipment, newsracks or materials. "Minor" means any natural person under eighteen years of age. "Newsrack" means any self-service or coin-operated box, container, storage unit, or other dispenser installed, used or maintained for the display or sale of any written or printed material. including, but not limited to, newspapers, news periodicals, magazines, books, pictures, photographs and records. "Parkway" means that area between the sidewalk and the curb of any street and, where there is no sidewalk, that area between the edge of the roadway and the property line adjacent thereto. "Parkway" also includes any area within a roadway which area is not a sidewalk and is not open to vehicular traffic. "Person" means any individual, partnership, firm, association, corporation or other legal entity. "Street" means all that area dedicated to public use for public street purposes and shall include, but not be limited to, roadways, parkways, alleys and sidewalks. (Ord. 94-28 ~ 1 (part)) /""""' 10.40.030 RegUlations, resbictions and procedures relating to newsracks. The regulations, restrictions and procedures set forth in this chapter shall relate to the installation and sf .. Agenq~)J~f\Jo. 5 http://www.qcode.ucodes/temeculalvlew.php?toPlC-10-10_40&showAll=1&frames=onpw~~..Pt.bf17 Chapter 10.40 REGULATION OF NEWS RACKS INPUBLlC RIGHTS-OF-WAY Page 3 of6 maintenance of news racks in the city. (Ord. 94-28 ~ 1 (part)) """" 10.40.040 Newsraek permits. Applications for installing and maintaining newsracks shall be filed with the licensing officer of the city within one business day of placement within the city. An application fee may be established by resolution of the city council based on the actual costs of processing the application. The director of public works shall issue the permit for the newsrack to the applicant therefor when the applicant has submitted the following information to the city: A. The name, address and telephone number of the person owning the newsracks and the name, address, and telephone number of the custodian therefor; B. The location of newsracks being placed within the city; C. A written statement whereby the person who will place or maintain such newsrack on a public street agrees to indemnify and hold harmless the city and its officers, agents or employees from any loss or liability or damages, including expenses and costs, for bodily or personal injury and for property damage or other damages sustained by any person as a result of the installation, use or maintenance of such newsrack within the. city; D. A certificate of insurance establishing that there is in force and effect an insurance policy for the permittee which will remain in force during the time such newsrack is allowed to remain on public property, which policy shall be of public liability insurance against liability for the death of, or injuries to, persons or damages to property arising out of accidents attributable to the newsracks on city property. The amount of the coverage required shall be established by resolution of the city council and a certificate of insurance shall not be required unless and until such a resolution is in full force and effect. The policy of insurance so provided shall contain a contractual liability endorsement covering the liability assumed by the permittee by the terms of his permit and shall contain a provision that such policy may not be canceled except after thirty days' notice in writin.g given to the city. (Ord. 94-28 ~ 1 (part)) ...." 10.40.050 Prohibition of newsracks on roadways. - No person shall install, use or maintain any newsrack which projects onto, into or over any part of the roadway of any public street or which rests, wholly or in part, upon any portion of the roadway of any public street. (Ord. 94-28 ~ 1 (part)) 10.40.060 Dangerous conditions or obstructions. Subject to the specific provision of Section 10.40.070. no person shall install. use or maintain any newsrack which, in whole or in part, rests upon, in or over any public sidewalk or parkway when such installation, use or maintenance endangers the safety of persons on property, or when such area or location is used for public utility purposes, public transportation purpose, or governmental use, or when such newsrack interferes with or impedes the flow of pedestrian or vehicular traffic, including the ingress into or egress from any legally parked or stopped vehicle, any residence or place of business, or the use of poles, posts, traffic signs or signals, hydrants, mailboxes or other objects permitted at or near such location. (Ord. 94-28 ~ 1 (part)) 10.40.070 Standards for maintenance and Installation. Any newsrack which rests, in whole or in part, upon, in or over any public sidewalk or parkway shall comply with the following standards: """" . Agenda Item No.5 http://www.qcode.us/codes/temeculalview.php?topic=10-10_40&showAll=l&frames=on~~.bf17 /"'"' ..---. /"'" Chapter 10.40 REGULATION OF NEWS RACKS IN PUBLIC RIGHTS-OF-WAY Page 4 of6 A. No newsrack shall exceed five feet in height as measured from the sidewalk to the highest point on the newsrack, thirty inches in width, or two feet in depth. B. Newsracks shall only be placed near a curb or adjacent to a wall or building. Such newsracks placed near the curb shall be parallel thereto and shall be no less than twenty-four inches from the face of the curb. Newsracks placed adjacent to the wall of a building shall be placed parallel to such wall and shall be not more than six inches from the wall. No such newsrack shall be placed or maintained on the sidewalk or parkway opposite another newsrack or group of newsracks nor in such a manner that prevents pedestrians from passing freely and without obstruction along any sidewalk or through any marked or unmarked crosswalk. C. No publication vending shall be chained, bolted or otherwise attached to property not owned by the owner of such newsrack or to any permanently fixed object unless the custodian of such newsrack shall have obtained the written permission of the owner of the property or object to which the newsrack is affixed. D. Newsracks may be placed next to each other; provided, however, no group of such newsracks shall extend more than eight lineal feet along a curb or wall, and a space of no less than three feet shall separate each such group of newsracks, provided the newsracks are otherwise in compliance with the provisions of this chapter. E. Such newsracks may be chained or otherwise attached to one another; provided, however, no more than three such newsracks may be joined together in this manner. and a space of no less than three feet of clear space shall separate each group of three or less such newsracks so attached, provided the newsracks are otherwise in compliance with the provisions of this chapter. F. No such newsrack or group of such newsracks permitted by the provisions of subsection E of this section shall weigh, in the aggregate. in excess of one hundred twenty-five pounds when empty. G. Notwithstanding any other provision ofthis chapter, no newsrack shall be placed, installed. used or maintained: 1. Within five feet of any marked crosswalk; 2. Within fifteen feet of the curb return of any unmarked crosswalk; 3. Within five feet of any fire hydrant, fire call box, police call box. or any other emergency facility or structure; _ 4. Within five feet of any driveway; 5. Within five feet ahead of or twenty-five feet to the rear of any sign marking a designated bus stop; 6. Within six feet of any bus bench; 7. In any location if the placement of the newsrack reduces the cross space or the passageway of pedestrians to less than six feet; 8. Within three feet of any area improved with lawn, flowers. shrubs or trees, or within three feet of any display window or any building abutting the sidewalk or parkway, or in such a manner as to impede or interfere with the reasonable use of such window for display purposes. H. No such newsrack shall be used for advertising signs or publicity purposes except relating to the display, sale, or purchase of the publications sold therein. 1. Each such newsrack shall be maintained in a clean and neat condition and in good repair at all times. J. Notwithstanding the provisions of this section. if the chief building official finds that the location of a newsrack, in accordance with the standards set forth in this section, will create or allow a condition prohibited by any other section ofthis chapter or will otherwise endanger the public health or safety, the chief building official may prohibit such location of the newsrack or may allow the location of the newsrack in a manner deviating from, or at variance with. the standards provided in this section, subject to such terms. conditions and regulations Agenda Item NO.5 http://www.qcode.us/codes/temecula/view . php?topic=l 0-1 0_ 40&show All= 1 &frames=on p!t~d/~~6f 17 Chapter lOAD REGULATION OF NEWSRACKS IN PUBLIC RIGHTS-OF-WAY Page 5 of6 as the chief building official may deem necessary to protect the public peace, health, safety and welfare and to carry out the purposes and intent of this chapter. 1. Such finding may be made by the chief building official at any time. 2. If such finding is made prior to the issuance of a permit, the fmding shall be made by the director of public works shall be made a part of the permit at the time of its issuance. 3. If the finding is made subsequent to the issuance of a permit, a written notice ofthe finding of the chief building official shall be given to the owner or custodian of such newsrack with the direction that there shall be compliance with the findings of the chief building official within ten business days after the date of mailing such notice. (Ord. 94-28 ~ 1 (part)) 10.40.080 standards of materials sold. No publication offered for sale from any newsrack placed or installed in, maintained on or relocated to any public sidewalk or parkway, shall be displayed or exhibit in any manner which exposes to public view from the street any of the following: A. Any statements or words describing explicit sexual acts, sexual organs or excrement, where such statement or words have as their purpose or effect, sexual arousal, gratification or affront. B. Any picture or illustration of genitals, pubic hair, perineums, anuses, or anal regions of any person, or any picture or illustration which has as its purpose or effect, sexual arousal, gratification or affront. C. Any picture or illustration depicting explicit sexual acts, where such picture or illustration has as its purpose or effect, sexual arousal, gratification or affront. "Explicit sexual acts" means depictions of sexual intercourse, oral copulation, bestiality, sadism, masochism or excretory functions in conjunction with sexual activity, masturbation or lewd exhibition of the genitals, where any of the above conduct is depicted or described as being performed alone or between members of the same or opposite sex or between humans and animals or other'acts of sexual arousal involving any physical contact with a person's genital, pubic region, pubic hair, perinewn, anus or anal region. D. For purposes of this section, no publication shall be considered displayed or exhibited if the newsrack in which it i~placed is covered on all sides, except for a one inch wide vertical opening for the purpose of indicating the number of remaining publications, by opaque material preventing exposure to public view from the street. (Ord. 94-28 ~ 1 (part)) 10.40.090 Information required. Every person or custodian who places or maintains a newsrack on a public sidewalk or parkway within the city shall have his or her or its name, address, and telephone number affixed thereto in a place where such information may be easily seen and shan comply fully with the provisions of Section 17570 of the Business and Professions Code of the state as it exists on the effective date of the ordinance adopting this chapter, or as it may be hereafter amended. (Ord. 94-28 ~ 1 (part)) 10.40.100 Newsracks In violation of the regulations of this chapter. Upon a determination by the chiefbuiJding official that a newsrack has been installed, used or maintained in violation of the provisions of this chapter, an order to correct the condition will be issued to the owner and custodian of such newsrack. Such order shall be attached to said newsrack and confirmed by mailing a copy of such order to the owner and custodian by certified mail, return receipt requested to the address stated in the .. Agenda Ite,.rn No. 5 http://www.qcode.us/codes/temecula/V1ew.php?toPlC=l 0-1 0_ 40&show All=l&frames=on P~~~/1W6f 17 ....." ,....." ....." ~ ./"""' ~ Chapter 10.40 REGULATION OF NEWSRACKS IN PUBLIC RIGHTS-OF - WAY Page 6 of6 permit application. The order shall be effective upon receipt ofthe order by the owner or custodian, or three business days following deposit of the order in the U.S. mail, whichever occurs first. The order shall specifically describe the offending condition and describe the actions necessary to correct it. Both the owner and the custodian shall be responsible for compliance with the order. If the newsrack is in such a condition or is placed so as to constitute an immediate danger to pedestrians, motorists or other persons, the chief building official may move the newsrack or take such other action, including removal, so as to alleviate the dangerous condition. Unless the determination of the chief building official is appealed, failure to properly correct the offending condition within ten business days after the date of mailing of the order shall result in the offending newsrack being removed and processed as unclaimed property under the applicable provisions of law relating thereto. If the offending newsrack is not properly identified as to the owner pursuant to the provisions of this chapter, such newsrack may be removed immediately and processed as unclaimed property under the applicable provisions of law. The chief building inspector shall cause an inspection to be made of the corrected condition or of the newsrack reinstalled after removal pursuant to the provisions of this section. The owner or custodian of such newsrack shall be charged an inspection fee for each such newsrack so inspected, which charge shall be in addition to all the other fees and charges required by law. The amount of the inspection fee shall be set by resolution of the city council. (Ord 94-28 9 1 (part)) 10.40.110 Appeals. Any person or entity aggrieved by any finding, notice or action taken pursuant to the provisions of this chapter may appeal, and shall be apprised of his right to appeal, to the city manager. The city manager's decision on the appeal shall be final. An appeal shall be perfected within three business days after the receipt of the notice of any protested decision or action by filing with the office of the chief building inspector a letter of appeal briefly stating the basis for such appeal. The hearing shall be held on a date no more than ten days after the receipt of the letter of appeal. The appellant shall be given at least five days' notice of the time and place of the hearing. The city manager shall give the appellant, and any other interested party, a reasonable opportunity to be heard in order to show cause why the determination of the chief building official should not be upheld. In all such cases, the burden of proof shall be upon the appellant to show that there was no substantial evidence to support the action proposed to be taken by the chief building official. At the conclusion of the hearing, the city manager sMIl make a final and conclusive determination in writing and the owner or custodian shall have ten business days after the date of the determination of the appeal to comply with the order of the city manager. (Ord. 94-28 9 1 (part)) 10.40.120 Restriction of displayed harmful matter to minors. Any person who knowingly displays, or causes to be displayed, harmful matter as defined in this chapter in any newsrack which is located on a public sidewalk, or any other public place from which minors are not excluded, is guilty of a misdemeanor, unless such person places what is commonly known as blinder racks in front of the material, so that the lower two-thirds of the material is not exposed to view and so that no harmful matter is exposed to public view. (Ord. 94-28 * 1 (part)) http://www.qcode.us/codesltemeculalview.php?topic=10-1 0_ 40&show All=1&frames=o~gen~k~r~~~1 ~ EXHIBIT C SAN LEANDRO ORDINANCE ...,.,. [ATTACHED --' ...,., Agenda Item No. 5 Page 16 of 17 5-6-300 IN GENERAL. Page I of I ,,-.. . San Leandro Nunidpal Code Up Previous Next Main mLE 5 STREETS AND PARKS CHAPTER 5-6 NEWSRACK REGULATIONS. ARTICLE 3. NEWSRACKS IN THE SPECIAL NEWSRACK DISTRICTS Search Print No Frames 5-6-300 IN GENERAL The provisions of this Article apply solely to newsracks placed, installed or maintained on public property or within a public right-of-way located within the Special Newsrack Districts. 5-6-305 USE OF MODULAR NEWSRACKS'REQUIRED. In order to preserve the aesthetic character of the Special Newsrack Districts, no newsrack may be placed, installed, used or maintained on public property or in a public right-of-way within the Special Newsrack Districts other. than the modular newsrack design chosen by the City in accordance with a plan established by the Director. 5-6-310 PERMIT REQUIRED. ,-... Application for a newsrack permit for newsracks to be placed or installed on public property or in a public right-of-way within the Special Newsrack Districts shall be made in accordance with Article 2 of this Chapter, except that if newsrack spaces applied for exceed newsrack spaces available within a modular newsrack, the Director shall determine procedures for the allocation of newsrack spaces by lottery or other method of random, content-neutral selection, and shall issue pennits accordingly. - (Legislative History: Ordinance No. 2005-004, 6/6/05 (Sections 5-6-300-5-6-310)) t ,-... Agenda Item No. 5 Page 17 of 17