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HomeMy WebLinkAbout50A - ORDINANCE NO. NS-2668 CITY COUNCIL MEETING DATE: ~ ~ REQUEST FOR COUNCIL ACTION CLERK OF COUNCIL USE ONLY: SEPTEMBER 20, 2004 TITLE: APPROVED o As Recommended o As Amended o Ordinance on 151 Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For ORDINANCE AMENDING CHAPTER 41 OF THE MUNICIPAL CODE REGULATING TEMPORARY OUTDOOR ACTIVITIES t-- '\.. aAa CITY MANAGER CONTINUED TO FILE NUMBER RECOMMENDED ACTION Adopt an ordinance amending Chapter 41, Section 195.5 of the Santa Ana Municipal Code pertaining to Temporary Outdoor Activities. DISCUSSION The California Lobby for Animal Welfare (CLAW) is a local organization dedicated to the promotion of animal protection throughout the State. CLAW promotes the enactment of laws to prevent the unregulated use and display of wild or exotic animals which can lead to public safety concerns and the detrimental treatment of these animals. CLAW has succeeded in promoting several animal protection ordinances in the cities of Corona, Hunt ington Beach, Encini tas, and Pasadena. Each of these municipalities has adopted ordinances which prohibit the display of wild or exotic animals for entertainment purposes. In 2001, CLAW initially requested that Santa Ana enact a similar ordinance. Staff researched this request and the potential impact this ordinance would have citywide. On this basis, Staff agrees that the unregulated use and display of these animals in temporary outdoor facilities for entertainment purposes potentially could create an environment detrimental to their well being and therefore recommends that an amended ordinance be adopted. Because the proposed amended ordinance pertains to specific planning zones designated for temporary outdoor use only, the amended ordinance will not apply to the Santa Ana Zoo at Prentice Park and the elephant ride at the same location. FISCAL IMPACT There is no fiscal impact associated with this action. 50A-1 ORDINANCE NO. NS-2668 AN ORDINANCE OF THE CITY OF SANTA ANA ADDING SECTION 41- 195 (f) (10) TO THE SANTA ANA MUNICIPAL CODE REGARDING THE DISPLAY OF WILD OR EXOTIC ANIMALS DURING TEMPORARY OUTDOOR ACTIVITIES CONDUCTED IN SANTA ANA THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. It is the intent of the City of Santa Ana to protect the public against health and safety risks that the use and display of exotic animals in temporary outdoor facilities for entertainment poses to the community as well as to protect the welfare of the individual animals. B. All provisions of the Santa Ana Municipal Code which are repeated herein are repeated solely in order to comply with the provisions of section 418 of the Charter of the City of Santa Ana. Any such restatement of existing provisions of the Code is not intended, nor shall it be interpreted, as constituting a new action or decision of the City Council, but rather such provisions are repeated for tracking purposes only in conformance with the Charter. SECTION 2: That Article /I of Chapter 41 of the Santa Ana Municipal Code is hereby amended by the addition of Section 41-195(f)(10) to read as follows (additions to existing code shown in bold): Sec. 41-195.5. Temporary outdoor activities. Notwithstanding any other provision of this chapter, the following activities may be conducted in any C1, C1-MD, C2, C3, C3-A, C4, C5, M1, M2, CSM, GC, P, SD with commercial use, or SP with commercial use district and are not required to be carried on within an enclosed building, provided they are carried on in accordance with the limitations hereinafter set forth, and provided a land use certificate is first obtained in accordance with sections 41-675 through 41-677: (a) Bazaars, fiestas and fund-raising events, provided the activities do not occur on the same lot more frequently than six (6) days in any one- year period, do not continue on the same lot for more than three (3) successive days, do not begin earlier than 10:00 a.m. and do not continue past 10:00 p.m. Monday through Saturday and do not begin earlier than 50A-2 11 :00 a.m. and do not continue past 9:00 p.m. on Sunday. Provided, however, activities in the SD65 district and museum and science center activities in the C1-MD district, may not occur more frequently than one (1) time per month, do not continue on the same lot for more than three (3) successive days and are not held more than twelve (12) times per year. (b) Rummage sales, promotional events, sidewalk or parking lot sales, and temporary sales booths, provided the activities do not occur on the same lot more frequently than six (6) days in anyone-year period and do not continue on the same lot for more than two (2) successive days. (c) Mobile library, medical and veterinary units, provided activities are not conducted on the same lot for more than six (6) days in anyone-year period, do not begin earlier than 8:00 a.m., and do not continue past 5:00 p.m. (d) Outdoor auctions, provided that activities are not conducted on the same lot more frequently than four (4) days in anyone-year period, do not begin earlier than 8:00 a.m., and do not continue past 5:00 p.m. (e) Seasonal activities for uses such as, but not limited to, fireworks stands, pumpkin lots and Christmas tree lots, provided that pumpkin lots do not set up more than thirty (30) days prior to Halloween and are removed within one (1) day after Halloween, Christmas tree lots do not set up more than thirty (30) days prior to Christmas and are removed within one (1) day after Christmas and fireworks stands are in compliance with Chapter 14, Article /I of this Code. (f) Carnivals, circuses, radio or d.j. remotes and outdoor music concerts, provided the following conditions are met: (1) The activity is not conducted on the same lot for more than five (5) successive days in anyone-year period and may not occur more than five (5) days in anyone-year period. (2) Hours of activities shall not begin earlier than 10:00 a.m. and do not continue past 11 :00 p.m. Monday through Saturday and do not begin earlier than 11 :00 a.m. and do not continue past 9:00 p.m. on Sunday. (3) Off-street parking shall be provided in the manner prescribed in Article XV of the Santa Ana Municipal Code. (4) On-site circulation shall be maintained in a manner that will assure efficient internal parking lot circulation. Also, lots shall assure that vehicles need not exit on the street then re-enter the lot to find another 50A-3 parking space. (5) No equipment and/or rides may be located on the lot of such activity for more than forty-eight (48) hours prior to opening day. (6) All equipment and rides used for such activity must be removed within twenty-four (24) hours of closing, day of activity. (7) Noise sources associated with construction, dismantling of equipment, deliveries and rides, shall be permitted provided said activities do not take place between the hours of 8:00 p.m. and 7:00 a.m. on weekdays, Saturday or Sunday. (8) A 30-foot setback clear of, but not limited to, equipment, booths, stages and rides shall be maintained at all times along any property line abutting residential uses. (9) The activity is subject to cancellation or additional conditions if conducted in a manner detrimental to the health, safety, or welfare of the community as determined by authorized City of Santa Ana representatives including police, fire, public works, or downtown development. (10) No display of Wild or Exotic Animals. For purposes of this section only, Wild or Exotic Animal means: nonhuman primates and prosimians (such as chimpanzees, monkeys); Felids, except domesticated cats; Ursids (bears); Elephants; Crocodilians {such as alligators and crocodiles);Ungulates (such as hippopotamus, rhinoceros, giraffes, zebra); and Camels. These terms shall apply whether the animal is bred in the wild or in captivity. It is not the intent of this section to include domesticated species such as horses, cows, sheep, or llamas among the animals listed above. (g) Activities approved with alcohol sale and/or consumption shall obtain the appropriate license from the State Department of Alcoholic Beverage Control ("ABC") and will be subject to the following: (1) All cooking: equipment (grills, barbecues, etc.) must be turned off one-half ( 1/2) hour before the activity closure each evening. (2) The sale, service and consumption of alcohol shall occur only within a fenced-in area. This area shall be designated with appropriate signage identifying it as such and shall be approved by the police department. (3) The applicant shall ensure that security personnel are on duty at all times and monitoring the fenced-in area designated for the sale, 50A-4 service and consumption of alcohol. Security personnel shall prevent people from carrying alcoholic beverages outside the designated area noted in 41-195.5(g)(2). (4) Advertising which indicates the availability of alcoholic beverages shall be posted at the point of beverage dispensing only. (5) Alcoholic beverages shall be served in distinctive cups, which are different from those used for non-alcoholic beverages. (6) No more than two (2) cups containing alcoholic beverages may be sold to a customer at a time. All alcoholic beverages shall be sold in paper or plastic cups and not in their original glass or metal containers. (7) The server is prohibited from selling alcoholic beverages to an obviously intoxicated person. (8) The server is prohibited from consuming alcoholic beverages. (9) The sale, service and consumption of alcoholic beverages shall cease one (1) hour prior the end of the activity. (h) All temporary outdoor activities shall be subject to the following: (1) The applicant must provide a minimum number of state licensed, uniformed security guards for each day of the activity. This minimum number is to be determined by the chief of police or his authorized representative during the application process. These guards shall be present from the opening of the activity until closing and all persons have vacated the grounds. Under special circumstances city police officers may be required in addition to the security guards. The applicant will bear the cost of the police officers. (2) Security guards must carry a cellular phone. (3) All personnel serving as security guards must wear attire such as a jacket, shirt, vest, etc., that clearly identifies them as secu rity. (4) All security personnel shall have equipment enabling two-way communication with other security personnel. (5) The applicant shall be required to pay for any additional police services that may result from the activity. 50A-5 (6) Noise levels generated by the activity must remain under specified S.A.M.C. levels. (7) The sale of tickets must cease thirty (30) minutes prior to the closure of the activity daily. Section 3. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that anyone or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this day of , 2004. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: (name) City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers 50A-6