Minutes 11-09-2017 - Laserfiche WebLink

Browse Search

8 John Roberts said a judge, via a prosecution by the District Attorney’s office, always determines jail time, and only in criminal cases. The Board agreed by consensus to change the wording to “up to $500” on all ordinances. Chapter 4 Animal Control Ordinance- Amend to clearly specify what may be appealed to the appeal panels. Current language is problematic in that it could be construed to allow appeal of items not traditionally subject to appeal. John Roberts said this amendment will come back to the Board in December or January. He said the current language could be interpreted to allow appeal of every action that the Animal Services Department takes to the hearing pool and the Superior Court. He said this was not the intent of the language. Commissioner McKee asked if one is able to appeal in all cases anyway. John Roberts said one can always sue the County. Chapter 6 Insulation Contractors Ordinance - Obsolete and no longer enforced. The state building code has been amended substantially since this ordinance was adopted. The state building code now allows contractors to engage numerous alternative compliance methods that circumvent the ordinance. John Roberts said if the BOCC is comfortable with repealing this, he would recommend that division 1 be left in place, with some amending of the language as to the insulation that is put in County buildings. Commissioner Marcoplos clarified that this law would be in place only for County buildings. John Roberts said yes, if the BOCC is interested in this. Commissioner Marcoplos asked if this could be achieved via a contract as opposed to a law. John Roberts said yes it could. The Board agreed to add this language to contracts instead of an ordinance and to repeal the ordinance. Chapter 10 Cable Communications Ordinance - Governs franchises and thus not appropriate for the Code of Ordinances as franchise ordinances are maintained separate and apart from the Code. John Roberts recommended the Board remove from Code and maintain as a separate franchise ordinance template for possible repeal at a later date. The County’s franchise with Time Warner expired in 2009 and the authority for granting and renewing such franchises was withdrawn by the legislature in SL 2006-151 The Board agreed. Chapter 16 Noise Ordinance - Board members previously indicated the board may wish to amend the noise ordinance. John Roberts said Board members have expressed some concerns about this. He said section 16-52 is different from section 16-53, with the difference being that 16- 52 prohibits specific actions on a property from 9:00 p.m. to 9:00 a.m.…lawn mowers, chain saws, compression engines, etc.; and section 16-53 refers to the decibel measurement restrictions come into play.