Loading...
HomeMy WebLinkAboutO-1614 Offensive Odor NuisanceORDINANCE NO. 1614 (2015 Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, ADDING CHAPTER 8.22 TO THE SAN LUIS OBISPO MUNICIPAL CODE REGARDING OFFENSIVE ODORS WHEREAS, through its police powers, the City of San Luis Obispo ( "City ") is authorized to enact laws to protect the health, safety and welfare of the community; and WHEREAS, over the years, the City has received various complaints regarding the presence of offensive odors emanating from private property; and WHEREAS, the most recent complaints received by the City relate to offensive odors due to the outdoor cultivation of medical marijuana; and WHEREAS, the City Council finds that such odors have the potential to unreasonably interfere with the use and enjoyment of property within the City and otherwise affect the health, safety and welfare of the community; and WHEREAS, by this ordinance, the City Council desires to protect the health, safety and welfare of the community by prohibiting any person or entity within the city from allowing any odors which are offensive to people of normal sensitivity to emanate across property lines. NOW, THERFORE, BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. The City Council hereby adopts the foregoing recitals as its findings in support of the following regulations and further finds that the following regulations are necessary and appropriate to protect the health, safety and welfare of the residents and businesses of San Luis Obispo. SECTION 2. Chapter 8.22, entitled Offensive Odors, is hereby added to Title 8 of the San Luis Obispo Municipal Code as follows: Chapter 8.22 OFFENSIVE ODORS 8.22.010 Purpose. The purpose of this chapter is to define and establish standards for the regulation of persistent odors within the city. The intent of these standards is to ensure that odors emanating from sources or locations within the city do not adversely impact or unreasonably interfere with the use and enjoyment of property. 8.22.020 Prohibited activities declared a public nuisance. A. It is hereby declared to be unlawful and a public nuisance to cause or permit any persistent odors, which are offensive to individuals of normal sensitivity and which adversely impact or 01614 Ordinance No. 1614 (2015 Series) Page 2 unreasonably interfere with the use and enjoyment of property, to emanate across any parcel or property line. B. An odor shall be presumed offensive to individuals of normal sensitivity if the city receives three or more verified complaints of a persistent odor emanating across a property line from individuals representing separate residences or places of business within the city within a one month time span concerning an odor emanating from a single source. Nothing in this section shall be deemed to require three complaints before the city may initiate enforcement action. C. Nothing in this chapter shall be deemed to prohibit the normal operations of any governmental agency or municipal facility operating pursuant to otherwise applicable law or regulatory permit. 8.22.030 Continuing violations. Each day a violation is allowed to continue in violation of this chapter shall constitute a new and separate offense. 8.22.040 Severability. If any part or subsection of this chapter is for any reason held to be invalid, unlawful, or unconstitutional, such invalidity, unlawfulness, or unconstitutionality shall not affect the validity, lawfulness, or constitutionality of any other part of this chapter. SECTION 3. Environmental Determination. This ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15060(c)(2) — the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment and Section 15060(c)(3) — the activity is not a project as defined in Section 15378 of the CEQA Guidelines, because it has no potential for resulting in physical change to the environment, directly or indirectly. SECTION 4. Effective Dates. A summary of this ordinance, together with the names of Council members voting for and against, shall be published at least five (5) days prior to its final passage, in The Tribune, a newspaper published and circulated in this City. This ordinance shall go into effect at the expiration of thirty (30) days after its final passage. Ordinance No. 1614 (2015 Series) Page 3 INTRODUCED on the 17th day of March 2015, AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on the 31St day of March 2015, on the following vote: AYES: Council Member Christianson, Vice Mayor Ashbaugh and Mayor Marx NOES: Council Members Carpenter and Rivoire ABSENT: None Jan M M arx x 3. Christine Dietrick City Attorney IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, this yam "' - day of Ap Zo i 5r