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Ordinance 1996-03ORDINANCE NO. 96 -3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY REGULATING WOLF HYBRIDS AS WILD OR EXOTIC ANIMALS BY AMENDING GILROY MUNICIPAL CODE SECTION 4.45 WHEREAS, the City's animal control ordinance currently regulates wild or exotic animals; and WHEREAS, the Gilroy Police Department has requested that the City regulate wolf hybrids, Canis familiaris (domestic dog) x Canis lupus (wolf), as wild or exotic animals; and WHEREAS, the State of California regulates wolf hybrids which regulation also provides for local regulation and control of wolf hybrids; and WHEREAS, the City Council finds that the local regulation of wolf hybrids pursuant to an animal control permit is warranted to protect public health, safety and property; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES HEREBY ORDAIN AS FOLLOWS: SECTION I Section 4.45(a) of the Gilroy Municipal Code shall be amended to read in its entirety as follows: (a) No person shall have, keep or maintain, or have in his possession or control, any elephant, bear, hippopotamus, rhinoceros, lion, tiger, leopard, wolf, wolf hybrid, monkey or any poisonous or venomous reptile of any kind, or any wild or exotic, dangerous or carnivorous wild animal or reptile without first applying to and receiving from the administrator an animal control permit. 13531212015.1 -1- ORDINANCE NO. 96 -3 65 -021304706002 SECTION II Section 4.45(e) shall be added to the Gilroy Municipal Code and shall read in its entirety as follows: (e) Notwithstanding any other provision of this chapter, and without limiting any other criteria upon which the administrator may deny or condition issuance of an animal control permit, the administrator may deny an animal control permit in any of the following circumstances: (1) In the case of F1 (first) generation wolf hybrids, Canis familiaris (domestic dog) x Canis lupus (wolf), if the animal was whelped after February 4, 1988. (2) In the case of F1 generation wolf hybrids whelped on or before February 4, 1988, if a copy of the state Department of Fish and Game permit issued pursuant to 14 Cal. Code Regs. § 671 (c) (2) (K) (2) (a) is not submitted with the application for the animal control permit. SECTION III Section 4.45(f) shall be added to the Gilroy Municipal Code and shall read in its entirety as follows: (f) Notwithstanding any other provision of this chapter, and without limiting any other criteria upon which the administrator may deny or condition issuance of an animal control permit, the administrator may deny an animal control permit for any F1 generation wolf hybrid, or any progeny thereof, that is not licensed and vaccinated in accordance with Gilroy Municipal Code sections 4.27 -4.29. %3531212015.1 -2- ORDINANCE NO. 96 -3 65- 021304706002 This ordinance shall take effect and be in full force thirty days from and after its adoption and approval. PASSED AND ADOPTED this 4th day of March, 1996 by the following vote: AYES: COUNCILMEMBERS: MORALES, ROGERS, ROWLISON, VALDEZ, GAGE NOES: COUNCILMEMBERS: GILROY, SPRINGER ABSENT: COUNCILMEMBERS: None APPROVED: Donald F. Gage, Ma ATTEST: 5 ��' gk;�4 Susanne E. Steinmetz, City Cl---. 13531212015.1 -3- ORDINANCE NO. 96 -3 65 -021304706002 I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 96 -3 is an original ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 4th day of March 19 96, at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this 6th day of March 19 96 A�4a,'�Zl/ City Clerk of the City of Gilroy (Seal)