Ordinance 733
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ORDINANCE NO. 733
ANIMAL CONTROL ORDINANCE
An ordinance of the city of Gilroy, a municipal corporation,
providing for licensing of all dogs, prohibiting unlicensed dogs
from running at large within the corporate limits of the City of
Gilroy, authorizing the impounding of dogs, providing penalties,
setting forth the powers and duties of the paundmaster, providing
rules and regulations for the control of other types of animals, and
setting forth miscellaneous related rules and regulations.
THE PEOPLE OF THE CITY OF GILROY ORDAIN AS FOLLOWS:
CHAPTER I - TITLE, DEFINITIONS
SECTION 1.01 SHORT TITLE. This ordinance shall be known as liThe
Animal Ordinance".
SECTION 1.02 DEFINITION OF TERMS. For the purpose of this
ordinance, unless it is plainly evident from the context that a
different meaning is intended, certain terms used herein are
defined as follows:
(a) "Dog" shall include female as well as male dogs.
(b) "owner" shall mean any person, firm or corporation
owning, having an interest in, or having control or custody or
possession of any animal.
(c) "At large" shall mean a dog off the premises of its
owner and not under restraint by leash, or chain, or not otherwise
controlled by a competent person.
(d) "Kennel" shall mean any person, firm or corporation
engaged in the commercial business of breeding, buying, selling,
or boarding dogs and cats.
(e) "pet shop" shall mean any person, firm, or corporation
operating an establishment where live animals and/or birds are
kept for sale, for hire, or sold.
( f) "Animal" shall include any mammal, poultry, bird, reptile,
fish, or any other dumb creature.
(g) "Horse" shall include mule, burro, pony, jack, or jenny.
(h) "Person" shall include any person, partnership, corporation,
trust and association of persons.
(i) "Dangerous dog" shall be any dog with the propensity to
bite human beings.
(j) Whenever any reference is made to any portion of this
ordinance, such reference applies to all amendments and additions
thereto new or hereafter made.
( 1)
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(k) The present tense includes the past and future tenses and
the future, the present. Each gender includes the other two genders.
(1) The singular number includes the plural and the plural, the
singular.
(m) Whenever a power is granted tOI or a duty is imposed upon
the poundmaster or other public officer, the power may be exercised
or the duty may be performed by a deputy of the officer or by a person
authorized, pursuant to law, by the officer, unless this ordinance
expressly provides otherwise.
CHAPTER II - POUNDMASTER, DUTIES
SECTION 2.01 OFFICE OF POUNDMASTER ESTABLISHED. The office of
poundmaster is hereby established.
(a) The City Administrator of the City of Gilroy shall
appoint a poundmaster whose duty it shall be to enforce the
"Animal Ordinance."
(b) Badges. The poundmaster and his deputies, while engaged
in the execution of their duties, shall wear in plain view a badge
having in the case of the poundmaster the word "Poundmaster", and in
case of the Deputy poundmaster the words "Deputy poundmaster" engraved
thereon.
(c) Police Powers. The poundmaster and all deputy poundmasters
shall upon appointment as herein provided and during the tenure of
their office, become and be vested with the powers and duties as
set forth in the Gilroy City Code Sec. 2.49.(e). amd each shall have
the power, and it shall be their duty to make arrests for violations
of any of the provisions of this ordinance. The poundmaster shall
enforce all of the laws of the City and the state relating to the care,
treatment, and impounding of dumb animals.
(d) License and Tax Powers. The poundmaster and all Deputy
poundmasters, shall upon appointment as herein provided, and during
the full tenure of their offices, have the power to collect the
license fees and to issue the certificates and tags prescribed
herein. All sums so collected shall be paid over to the Director
of Finance on or before the 10th day of each month.
(e) poundmaster to Keep Record. The poundmaster shall keep
a record of the number of all animals impounded, showing in detail
in the case of each animal the description, dates of receipt, the
date and manner of disposal, the name of the person redeeming or
purchasing, and the fees and charges and proceeds of sales received
on account thereof, and such additional records as may be required.
SECTION 2.02 POUND PROVIDED. There shall be provided by the City
a suitable building or enclosure to keep and safely hold all animals
herein enumerated which are subject to be impounded which shall be
known and designated as the "Gilroy City pound".
SECTION 2.03 IMPOUNDING: It shall be the duty of the poundmaster
to take up, impound and safely keep any of the animals enumerated
in this ordinance found running at large, staked, tied or being
herded or pastured in any street, lane, alley, court, square, park
or other place belonging to or under the control of said City, or
upon any private property in said City contrary to the provisions of
this ordinance.
(2)
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SECTION 2.04 CARE OF ANIMALS. When any animal is so impounded,
it shall be provided with proper and sufficient food and water by
the Poundmaster.
SECTION 2.05 NOTIFICATION OF OWNER. The poundmaster shall
immediately upon impoundment of dogs or other animals make every
reasonable effort to notify the owners of such dogs or other animals
impounded, and inform such owners of the conditions whereby they
may regain custody of such animals.
SECTION 2.06 RECLAIMING AN~LS. The owner of any impounded animal
shall have the right to reclaim the same at any time prior to the
lawful disposition thereof upon payment to the poundmaster of the
costs and charges hereinafter provided in this ordinance for the
impounding and keeping of said animals.
SECTION 2.07 ENTERING UPON PREMISES. The poundmaster is authorized
to enter upon any premises upon which any animal is kept, for the
purpose of taking up, seizing or impounding any animal found running
at large, or staked, herded or grazed thereon, contrary to the
provisions of this ordinance or for the purpose of ascertaining
whether such animal is registered as provided in this ordinance,
or for the purpose of inspecting the premises to ascertain whether
any law of the City of State relating to the care, treatment, or
impounding of dumb animals is being violated.
SECTION 2.08 EXHIBITION OF LICENSE. No person shall fail or refuse
to exhibit the registration of any animal required to be licensed by
this code when required to do so by said poundmaster.
SECTION 2.09 DUTIES. It is hereby made the duty of the poundmaster
to enforce any other sections of this ordinance whether enumerated
as a duty or not.
SECTION 2.10 INTERFERENCE WITH DUTY. No person shall interfere with
the poundmaster or his deputies in the performance of their official
duties.
SECTION 2.11 FINES AND CHARGES UPON IMPOUNDED ANIMALS. The pound-
master shall charge, receive and collect the following fines and
charges upon impounded animals:
(a) For every dog, the sum of . . . . . . . .$ 3.00
(b) For every cat, the sum of . . . . . . . .$ 1.00
(c) For every cow, bull, steer, horse, mule,
burro, pony, jack, jenny, or hinny, the
sum of . . . . . . . . . . . . . . . . . $10.00
(d) For every rabbit, bird, fowl, or other
animals not otherwise provided for in
this ordinance, the estimated cost for
this service.
(e) For feeding and caring for animals, the
following sums per day:
(1) For each dog . . . . . . . . .$ .50
(2) For each cat . . . . . . . . . $ .25
(3) For horses, mares, colts, mules,
jacks, jennies, calves, sheep,
lambs, goats and hogs, the sum of . $ 1.00
(4) For rabbits, birds, fowl or other
animals not specified or set out
in this section, the sum of . . . . $ .50
(3)
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SECTION 2.12 DESTRUCTION OF IMPOUNDED ANIMALS UNFIT FOR USE BY
REASON OF AGE, DISEASE OR OTHER CAUSE. rt shall be the duty of the
poundmaster, and he is hereby authorized and empowered to forthwith
destroy any animal lawfully impounded, which is by reason of age,
disease or other cause, unfit for further use, or is dangerous to
keep impounded. A fee of One ($1.00) Dollar and the written consent
of any person voluntarily surrendering any dog, cat or other animal
for destruction shall be required.
SECTION 2.13 ACCOUNTING SUMS COLLECTED. The poundmaster shall pay
over to the Director of Finance all sums collected by him and by the
Deputy poundmaster pursuant to the terms of this ordinance, on or
before the 10th day of each month. The poundmaster shall make a
monthly report to the Director of Finance of the poundmaster's and
Deputy poundmaster's proceedings relative to the powers and duties
bestowed and imposed by this and other ordinances.
CHAPTER III - DOGS
SECTION 3.01 LICENSE PROCEDURE.
(a) License Requirement. Every person, owning or having
control, custody or possession of any dog within the limits of
the City of Gilroy shall procure a license for each such dog over
six (6) months of age.
(b) procurement of License Tags and Certificates. The Finance
Officer of the City of Gilroy is hereby authorized and directed to
procure each year, prior to the 1st day of July, such number of
license certificates and tags as may be sufficient for use during
the year, with the year plainly inscribed thereon. Said certificates
and tags shall be effective until and including the 30th day of June
of the next year ensuing, and no longer.
(c) ~abies vaccination prerequisite to issuance. No dog shall
be licensed unless the owner of such dog shall present to the city
clerk a certificate signed by a licensed doctor of veterinary
medicine, certifying that such dog has been vaccinated with an
approved antirabies vaccine which will provide protection against
rabies during the period for which the license is to be issued.
(d) Issuance of Tags and certificates. A metallic tag and
license certificate with corresponding numbers shall be furnished by
the Tax Collector, or those appointed and vested with the powers and
duties of Tax Collectors, to any person, firm or organization
enumerated in subsection (a) hereof upon payment of the appropriate
fee prescribed in subsection (e).
(e) Fees.
(1) The annual license fee for each dog shall
be three ($3.00) Dollars.
(2) The full amount of such license tax shall
be payable for any fraction of such vear.
(3) Duplicate tags. Whenever a tag, issued
for the then current year by the City has
been stolen or lost, the owner or possessor of
the dog for which the same was issued may, upon
the payment of fifty (50~) cents and upon making
(4)
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and subscribing to an affidavit of such loss and
filing the same with the Director of Finance of
said city, receive a duplicate tag from the Tax
collector for the remaining portion of the then
current year.
(4) Non-Residents Tax. The prov~s~ons of this
ordinance shall not apply to any dog owned by or in
the care or charge of a non-resident of the city
who is traveling through the city or temporarily
sojourning therein for a period not exceeding thirty
(30) days, nor to any dog temporarily brought into
the city for the exclusive purpose of being entered in
a bench show or dog exhibition, provided such dog
is so entered and not kept elsewhere in the City.
(f) Fees, Time Limit. Each owner or person having charge,
care or control of a dog shall pay the required license fee within
such time as designated in the following schedule:
(1) Licenses shall be renewed and the fees due and
payable prior to september 1st of each year. On
september 1st, a penalty of One ($1.00) Dollar shall
be charged in addition to the license fees, and
thereafter collected upon the issuance of a renewal
license.
(2) License fees for the original licenses shall be
due and payable within thirty (30) days after any dog
within the corporate limits of the City comes into the
charge, care or control of any person within said city.
(3) The said Director of Finance shall keep a record
of the name of such owner or person making payment of
said license fee and to whom a certificate and tag shall
have been issued, and the number and date of such certi-
ficate and such tag. Such metal tag issued shall be
securely fixed to a collar, harness, or other device
to be worn at all times by the dog for whom the registration
is issued, except while such dog remains indoors or in
an enclosed yard or pen.
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r'" (4) p..ge Limit. This section shall not be construed
/ to require the payment of a license fee or the securing
of a certificate or tag for any dog which is less than
six (6) months of age.
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(g) Tag Must be Shown. NO person shall fail or refuse to
show to the poundmaster, the Deputy poundmaster or any official of
said City, the license certificate and the tag for any duly registered
dog kept or remaining within any home or upon any enclosed premises
under his immediate control.
(h) Removal of Registration Tags. No unauthorized person
shall remove from any dog any collar, harness, or other device to which
is attached a registration tag for the current year, or to remove such
tag therefrom.
(i) Counterfeiting Tags. No person shall imitate or counter-
feit the tags in this ordinance provided for, or use any imitation
or counterfeit of such tag.
( 5)
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SECTION 3.02 IMPOUNDING AND QUARANTINE.
(a) It shall be the duty of the poundmaster and of any employee
of said city to take up all unlicensed dogs found in the streets, lanes,
alleys, parks or other public places, or upon any vacant, unoccupied,
or unenclosed lots, lands or premises within the corporate limits of
the city of Gilroy. When such dog is taken up, he shall be delivered
to the poundmaster. All such dogs shall be impounded in the city
Pound.
SECTION 3.03 RUNNING AT LARGE PROHIBITED.
(a) Dogs to be le.shed. No person owning, having an interest
in, harboring, or having charge, care, control, custody or possession
of any dog shall cause or permit such dog to be in or upon any public
street, alley or other public place or in or upon any unenclosed lot
or premises, unless such dog be under restraint by leash or chain
or at "heel" beside a competent person and obedient to that person's
command, or confined within an automobile.
(b) stray Animal. Every person except the poundmaster or a
poundkeeper taking up any stray animal or any such animal which is
running at large contrary to the provisions of this ordinance shall
within eight (8) hours thereafter give notice to the poundmaster or
to the police Department:
(1) The fact that he has such animal in his possession.
(2) The complete description of such animal.
(3) The license number of such animal, if any, and by
what county or municipal corporation issued. If such
animal has no license, such person shall so state.
(4) The place where such animal is confined.
Every such person and any person in whose custody such animal
may, in the meantime, be placed, shall deliver such animal to the
poundmaster without fee or charge: and the poundmaster shall there-
upon hold and dispose of such animal in the same manner as though
such animal had been found at large and impounded by him.
(c) Disposition of dogs guilty of having bitten a person.
Whenever the owner or person in control of any dog is informed
that such dog has bitten a human being, he shall so inform the
police department and shall immediately confine such dog or deliver
it to the pound, and the failure to do so shall be unlawful. When-
ever the police department is informed that any dog has bitten a
human being, it shall cause such dog to be immediately taken into
custody and confined in the pound where the same shall be confined
for a period of ten (10) days, or longer if necessary. If it
appears that such dog has rabies, the poundmaster shall cause the
same to be destroyed. If, at the end of such period of observation,
it appears that such dog does not have rabies, it shall be released
upon the payment to the poundmaster of the sum of 11~\'iif:ty~.'-Li.\?c (:50~)
cents per day for food for such dog during the period of confinement,
together with an impounding fee of Two ($2.00) Dollars: provided
however, that if the owner or person in control of such dog immedi-
ately delivers the same to the public pound upon learning that it
has bitten a human being, no impounding fee shall be charged.
SECTION 3.04 REDEMPTION OF IMPOUNDED DOGS (ANIMALS)
(a) Minimum Period of Impoundment - Sale. All animals
impounded at the City Pound shall be provided with proper and
sufficient food and water by the Poundmaster. Unless such animals
(6)
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shall have been redeemed within three (3) days after being impounded,
they may be sold by the poundmaster to the person offering to pay the
highest cash amount therefor, provided that the purchaser shall not
be given possession of any dog or dogs until he shall have paid to
the Director of Finance the license fee or fees prescribed for such
dog or dogs. If any dog or other animal impounded by the poundmaster
shall not have been redeemed within said three-day period and cannot
be sold within a reasonable time thereafter, it may be killed by
the poundmaster in a humane manner. The poundmaster shall file at
the city pound a full description of each animal impounded therein,
for a period of at least three (3)days, beginning on the day any
such animal is taken or delivered into the possession of the Pound-
master.
(b) The owner of any dog at the time it is so impounded may,
at any time within thirty (30) days after such sale, redeem the
same from such purchaser by paying him the amount of the purchase
price paid by him to the poundmaster, and in addition thereto, the
sum equal to twenty-five (25~) cents per day for the number of days
from the date of sale to and including the date of such redemption.
(c) Not withstanding any provisions in this ordinance to the
contrary, the agriculture code of the state of California, Division
3, Chapter 5, shall be complied with in reference to estray bovine
animals, horses, mules or burros.
CHAPTER IV - OTHER ANIMALS
SECTION 4.01 KEEPING FOWL AND RABBITS - Within thirty-five (35)
feet of another's dwelling.
It is hereby declared to be a nuisance and it shall be unlawful
for any person to suffer or permit any chickens, geese, ducks,
turkeys, pigeons, doves, squabs or similar fowl, or any hare or hares,
or rabbit or rabbits, owned or controlled by him, to run at large or
go upon the premises of any other person in the city, or to keep
the same or any thereof within thirty-five (35) feet of any dwelling
house or structure used as a dwelling house, unless such house or
structure shall be occupied by him.
SECTION 4.02 SAME - Within seventy-five (75) feet of another's
9we11inq.
It is hereby declared to be a nuisance and it shall be
unlawful for any person to keep on any premises more than fifty (50)
in all of chicken~, turkeys, pigeons and doves, or hares and rabbits,
within seventy-five (75) feet of any dwelling house or structure used
as a dwelling house, unless such house or structure shall be occupied
by him, or to keep on any premises, more than twelve (12) in all, of
geese, ducks, guinea fowl and pea fowl, within seventy-five (75) feet
of any dwelling house or structure used as a dwelling house, unless
such house or structure shall be occupied by him.
SECTION 4.03 KEEPING CATTLE, SWINE, GOATS, ETC., WITHIN CERTAIN
DISTANCES FROM DWELLING.
(a) It is hereby declared to be a nuisance and it shall be
unlawful for any person to keep, stable or confine more than four (4)
head of cattle on any premises occupied or controlled by him in the
city, within four hundred (400) feet of any dwelling house other
than that occupied by him or to keep, stable, or confine more than
(7)
three (3) head of cattle on any premises occupied or controlled by
him within two hundred (200) feet of any dwelling house other than
that occupied by him or to keep, stable or confine more than two (2)
head of cattle on any premises occupied or controlled by him, within
one hundred and fifty (150) feet of any dwelling house other than that
occupied by him or to keep, stable or confine any cattle within
seventy-five (75) feet of any dwelling house other than that occupied
by him or to keep any cattle within fifty (50) feet of any dwelling
house whatsoever.
The grazing of a cow on any vacant lot in the city, having an
area of at least fifteen thousand (15,000) square feet, is not
prohibited by this section, if no feed other than that which is grown
on such lot is fed to such cow on such vacant lot: and provided that
the outside boundary of such lot is not within fifty (50) feet of
any dwelling house not occupied by the owner or person having control
of such cow.
(b) It is hereby declared to be a nuisance and it shall be
unlawful for any person to stable any horse or mule within fifty (50)
feet of any dwelling house other than that occupied by him or to
stable more than two (2) horses or mules within seventy-five (75)
feet of any dwelling house other than that occupied by him or to
stable more than three (3) horses or mules within one hundred (100)
feet of any dwelling house other than that occupied by him or to
stable more than four (4) horses or mules within one hundred and
twenty-five (125) feet of any dwelling house other than that
occupied by him. It shall be unlawful for any person to keep or
stable any donkey within three hundred (300) feet of any dwelling
house other than that occupied by him.
(c) It is hereby declared to be a nuisance and it shall be
unlawful for any person to keep or maintain any goat within fifty
(50) feet of any dwelling house other than that occupied by him
or more than two (2) goats within one hundred (100) feet of any
dwelling house other than that occupied by him or more than four (4)
goats within three hundred (300) feet of any dwelling house other
than that occupied by him or more than five (5) goats within
one thousand (1,000) feet of any dwelling house other than that
occupied by him.
(d) It is hereby declared to be a nuisance and it shall be
unlawful for any person to keep or maintain any hog within the city
within one thousand (1,000) feet of any dwelling house, other than
that occupied by him.
(e) It is hereby declared to be a nuisance and it shall be
unlawful for any person to stable, keep, confine, restrain or detain
on any premises in the city, within four hundred (400) feet of any
dwelling house in the city, other than in a public corral or yard
used by any railroad company or transportation company for confining
animals for shipment and transportation, more than five (5) head of
cattle, horses, mules, donkeys, hogs, sheep or goats.
SECTION 4.04 RUNNING AT LARGE GENERALLY: GRAZING ON PUBLIC PROPERTY.
It shall be unlawful for any person being the owner, or other
person in possession of any horse, mule, ass, cow or animal of the
cow kind, colt, calf, sheep or hog, to permit the same to be at
large in any street, alley or public grounds or lot not enclosed,
within the city, or to turn loose or hitch, tie or in any manner
confine any of such animals in any such street, alley or public
grounds for the purpose of grazing.
(8)
CHAPTER V - MISCELLANEOUS RULES
SECTION 5.01 VICIOUS DOG - DANGEROUS ANIMAL - NUISANCE ABATEMENT.
(a) It shall be unlawful to permit any vicious dog or dangerous
animal to go unrestrained. It shall be prima facie evidence that a
dog is vicious when it has bitten a human being.
(b) The keeping or harboring of any dog, cat or other animal
or fowl, whether licensed or not, which by habitual howling, yelping,
barking or other noise disturbs or annoys any considerable number
of persons or neighborhood is unlawful, and is hereby declared to
be a public nmisance and each day shall constitute a separate offense.
(c) It shall be unlawful to suffer or permit any to trespass
on private property so as to damage or destroy any property or thing
of value and the same is hereby declared to be a nuisance and any
such animal may be impounded by the poundmaster. Whenever it shall
be affirmed in writing by 3 or more persons having separate resi-
dences, or regularly employed in the neighborhood that any animal
is an habitual nuisance by reason of trespassing, howling, barking
or other noise, or damage to property, being vicious or by its
actions potentially vicious or in any other manner causing undue
annoyance, the poundmaster, if he finds such nuisance to exist,
shall serve notice upon the owner or custodian that such nuisance
must be abated.
SECTION 5.02 DANGEROUS DOGS AND DOGS ADDICTED TO BARKING AT
NIGHT - COMPLAINT AND HEARING; DISPOSITION. The judge of the
justice court of the City is hereby given the jurisdiction and
the authority, and it shall be his duty, upon the filing of a
verified complaint that a dog is dangerous or is addicted to
barking at night so as to be a nuisance to any person, to set a
hearing to determine whether or not such dog is dangerous or is
addicted to barking at night so as to be a nuisance to any person.
Written notice of the time and place of such hearing shall be given
to the owner or to the possessor of the dog complained of at least
five (5) days prior to the hearing. Such judge shall have the power
to summon witnesses, administer oaths and take testimony as in other
cases provided. Such hearing shall be conducted before the judge
and there shall be no right to a jury trial. Upon the conclusion
of such hearing, the judge shall find whether or not the dog
complained of is dangerous or is addicted to barking at night so
as to be a nuisance to any person. Upon a finding that such dog
is dangerous or is addicted to barking at night so as to be a
nuisance to any person, the judge shall order the license of such
dog revoked and thereafter it shall be unlawful for any person to
keep or cause to be kept such dog within the city.
SECTION 5.03 LEGALITY. If any section, subsection, sentence,
clause or phrase 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 the ordinance. The Council of the
City of Gilroy hereby declares that it would have passed this
ordinance, and each section, subsection, sentence, clause and
phrase thereof, irrespective of the fact that anyone or more of
the sections, subsections, sentences, clauses or phrases thereof
be declared invalid or unconstitutional.
SECTION 5.04. PENALTIES. Any person, firm or corporation violating
any of the provisions of this ordinance shall be deemed guilty of
a misdemeanor, and upon conviction thereof shall be punishable by a
(9)
fine~f not more than ~~ve hundred ($500.00) Dollars or by imprison-
ment~n the County jai1l for a period of not more than six (6)
months, or by both suc~ fine and imprisonment. Each person shall
be deemed guilty of a separate offense for every day during any portion
of which any violation of any provisions of this ordinance is committed,
continued or permitted by such person, firm or corporation and shall
be punishable therefore as provided by this ordinance.
This Ordinance shall be and is hereby declared to be in full force and
effect from and after 30 days after the date of passage and adoption and shall
be published at least once by title and summary in the Gilroy Evening Dispatch,
a newspaper of general circulation, printed, published and circulated in the
City of Gilroy, California.
This Ordinance was regularly introduced at a meeting of the City
Council of the City of Gilroy on the 18th day of January, 1965. It was regularly
passed and adopted by the Council of said City on the 1st day of February, 1965,
by the following roll call vote:
AYES:
COUNCIL MEMBERS: Duffin,Eckard,Goodrich,Jordan,Wentworth, and Petersen.
NOES:
COUNClL MEMBERS: None
ABS ENT:
COUNClL MEMBERS: Quartiroli
App roved:
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SUSANNE E. PAYNE
, City Clerk of
the City of Gilroy, do hereby certify that the attached Ordinance
No. 733
Is an orIgInal ordinance, duly adopted by the Council
of the CIty of Gilroy at a regular meeting of said Council held on
the
1 s t
day of
February
. 19 65 , at which meeting
a quorum was present.
I further certIfy that the said ordinance has been pub-
lished in accordance with the charter of the City of Gilroy.
IN WITNESS WHEREOF. I have hereunto set my hand and af-
fIxed the official seal of the City of Gilroy, this 2nd day of
February
c