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Ordinance 2015-10ORDINANCE NO. 2015-10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY REPEALING VARIOUS PROVISIONS OF CHAPTER 4 OF THE GILROY CITY CODE, ENTITLED "ANIMALS AND FOWL" WHEREAS, the California Constitution, article XI section 7, confers on the City of Gilroy the power to make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws; and WHEREAS, to protect the public health, safety and welfare, it is the desire of the City Council to amend the Gilroy City Code regarding the regulation of animals and fowl; and WHEREAS, the proposed Ordinance will repeal various provisions of the current Gilroy City Code Chapter 4, Article IV, Dogs and Cats; and WHEREAS, this Ordinance is exempt from environmental review pursuant to Section 15061(b)(3) of the State Guidelines implementing the California Environmental Quality Act of 1970, as amended. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES HEREBY ORDAIN AS FOLLOWS: SECTION I Chapter 4, Article IV, Section 4.31 of the Gilroy City Code is hereby repealed in its entirety: 114.31 Cats — Licenses required. (a) No person shall maintain or board any cat four (4) months of age or older which has not been licensed pursuant to the provisions of this chapter, except: (1) A license shall not be required for any cat owned or under the control of a nonresident of the city, and which is to be kept in the city for less than thirty (30) days. (2) A license shall not be required for cats temporarily brought into the city for entry into an event, show or exhibition scheduled not more than ten (10) days thereafter. 4- ORDINANCE NO. 2015-10 48;36,9446.8901v1 MVAKKARIA104706098 (b) Compliance with the provisions of this chapter, including the requirement that any cat in the city over four (4) months of age be vaccinated, shall be a condition to the issuance or renewal of any cat license. (c) Prior to issuance of a cat license, the administrator shall require payment of a license fee which shall be fixed by resolution and which shall not be refundable in whole or in part, with the following exceptions: (1) A reduced fee shall be charged for licenses issued for spayed females or neutered males. The administrator may require the submission of a certificate of a licensed veterinarian stating that a cat has been spayed or neutered, or cannot be spayed or neutered for health reasons and is incapable of breeding, prior to issuance of a license at the lesser fee. (2) An additional fee shall be fixed to be paid for a license purchased more than sixty (60) days after expiration of a previously issued license or sixty (60) days after notice to the owner to obtain a license. (d) Cat licenses shall be renewed upon expiration. The term of any cat license issued under this chapter shall commence on the date of the issuance of the license and shall terminate twelve (12) months from the date of issue. When the license is renewed after the expiration date, the new license period shall begin on the expiration date of the previous period. (e) Upon payment of the cat license fee and the presentation of a valid certificate of vaccination by a duly licensed doctor of veterinary medicine, the administrator shall issue a license stating the name and residence of the person to whom the license is issued, the amount paid, the date of issuance and expiration thereof, the date of expiration of vaccination required under this chapter, and a description of the cat for which such license is issued, together with the number of the metallic tag accompanying the same. (f) Upon request of any authorized animal control employee or any peace officer, the owner or person having control of a cat shall present the cat's license to that employee or officer. (g) With each cat license, the administrator shall issue a metal tag bearing an identifying number and the words and letters "Gilroy, CA. Cat Lic." Each cat shall wear the metal tag issued for it at all times except when being shown at a cat show, exhibition or event. The fee for such tag shall be set by resolution. (h) It shall be unlawful for any person to attach a metal tag issued pursuant to this chapter to any cat other than the cat for which it was issued. (i) In lieu of a tag and collar, the owner may cause to be implanted in the cat's skin an identifier chip; provided, however, that the owner, in connection with causing such identifier chip to be -2- ORDINANCE NO. 2015-10 483 A46a01v1 MVAKHARIAID4706098 implanted, shall submit or cause to be submitted to the company which has constructed or which maintains the identifier chip all information necessary to enable the administrator to locate the owner or other responsible person in the event the cat is found astray or in need of medical help. (Ord. No. 2010 -06, § VI, 4- 5 -10)" SECTION II Chapter 4, Article IV, Section 4.32 of the Gilroy City Code is hereby amended to read as follows: "4.32 Cats — Vaccination and proof thereof. (a) Every owner of a cat over four (4) months of age shall cause such cat to be vaccinated with an antirabies vaccine approved by the State Department of Public Health. Revaccination shall be made at such intervals of time as may be prescribed by the State Department of Public Health. SECTION III If any section, subsection, subdivision, sentence, clause, or phrase of this Ordinance is for any reason held to be unconstitutional or otherwise void or invalid by a court of competent jurisdiction, the validity of the remaining portion of this Ordinance shall not be affected thereby. SECTION IV Pursuant to section 608 of the Charter of the City of Gilroy, this Ordinance shall be in full force and effect thirty (30) days from and after its passage and adoption. PASSED AND ADOPTED this 14'h day of September, 2015, by the following vote: AYES: COUNCILMEMBERS: AULMAN, LEROE- MUNOZ, TUCKER, WOODWARD and GAGE NOES: COUCILMEMBERS: VELASCO ABSENT: COUNCILMEMBERS BRACCO ATTEST: SwAa Freels, City MVAKHARIA104706098 APPROVED: j �1,g -4 Donald F. Gage, Mayor -3- ORDINANCE NO. 2015-10 I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 2015 -10 is an original ordinance, or true and correct copy of a City ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 14th day of September, 2015, 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 15th day of September, 2015. City Clerk of the City of Gilroy (Seal)