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Ordinance 314 , ORDINANCE 50. 314 .... ..~_.=--- AN ORDINANCE RELATIVE TO SANITATION AND THE PUBLIC HEALTH OF THE CITY OF GILROY, DE}i'IIJING CERTAIN NUISANCES AND PROHIBITING THEIR MAINTENANCE. The Mayor and Common Council of the City of Gilroy do ordain as follows:- SECTlD N 1 SLAUGHTER HOUSES, TANNERIES AND FERTILIZER WORKS: It is hereby declared to be a nuisance and it shall be unlawful for any person, firm or corporation to maintain, con- duct or carryon, or assist in maintaining, conducting or carrying X on in the City of Gilroy, any sla"ghter house or establishment or place of business for tanning, scouring or dressing hides or leather or any fertilizer works. SECTION 2 RENDERING AND REDUCING LARD, ETC: It is hereby declared to be a nuisance and it shall be unlawful for any person, firm or corporation to conduct, carryon or engage in, or assist in engaging in, conducting or carrying on in the City of Gilroy, the business of rendering fat, lard or tallow, or of steaming, boiling or reducing or rendering any anEmal sub,tanee except between the hours of' 10:30 P. M. and 4:00 A. M. SECTION 3 SMOKE, DUST AND FUMES: It is hereby declared to be a nuisance and it shall be unlawful for any person, firm or corporation, to maintain, conduct S/~ :_f or carryon, or assist in maintaining, conducting or carrying on, in the City of Gilroy, any business, yard, establishment or place in such manner that dense or thick black smoke or cinders or soot are emitted therefrom; or to maintain, conduct or carryon, or assist in maintaining, conducting or carrying on, any bUSiness, yard, establishment or place, in such a manner .that dust in large and un- usual quantities is accumulated or caused, without sprinkling with oil or water sgeh yard, establishment or place, or the place or premises where such ~usiness is maintained, conducted or carried on, with suf'ficient f'requency and to the suf'ficient extent to lay and settle such dust and prevent the same from spreading or being blown on the premises of other persons; or to maintain, conduct or carryon, or assist in maintaining, conducting or carrying on, any such business, yard, establisbment or place in such a manner that gas or fumes unwholesome and injurious to the health, or injurious to the property, or offensive to the senses of the inhabitants of' said V City 0" any number there of', are emitted theref'rom. ,x:-" SECTION .. BURNING OFFAL, ETC: It is hereby declared to be a nuisance and it shall be unlawf'ul f'or any person, firm or corporation, to burn or suf:fer or permit to be burned, upon any premises owned, occupied or con- trolled by him or it in the City of' Gilroy, any bone, feathers, o:ffal, :flesh, hair or other substance in such a manner as to cause odors or gas theref'rom to taint the air and render it unwholesome or injurious to the health, or offensive to the senses of the inhabitants of said City, or any number thereo:f. SECTION 5 FILTHY STABLES AND YARDS: (a) It is hereby declared to be a nuisance and it shall be -2- unlawful for any person, firm or corporation to keep, or suffer or permit to be kept at or upon any premises owned, controlled or oooupied by ~ or it, in the City of Gilroy, any chicken coop, yar4, cow house, stable, oellar, vault, drain pool, sewer or sink, in a toul, offensive, noxious or f'ilthy condition, and the presence of' live maggots or fly pupae in any manure pile or in any collection of refuse found on any premises shall be prima f'acie evidence of suoh nuisance. (b) Every person, firm or corporation keeping any horse, cattle, goat, sheep, mule or donkey on any premises in the City of' Gilroy, within one thousand (1000) feet, and not within two hundred and fifty (250) f'eet of any dwelling house other than that occupied by him or it, shall cause the manure from said premises either to be completely removed from said premises where such stock is kept, or covered with earth so as to be f'ree from noxious odors and in- aooessible to flies, at least once in every forty-eight (48) hours. (c) Every person, firm or corporation keeping any horse, cattle, goat, sheep, mule or donkey on any premises in the City of Gilroy, within two hundred and fifty (250) f'eet of' any dwelling house other than that occupied by him or it, shall cause the manure from said premises either to be completely removed f'rom said premises where such stock is kept, or covered with earth so as to be f'ree f'rom any noxious odors and inaccessible to flies, at least once in every twenty-four (24) hours. (d) Every person, firm or corporation keeping any stock as 4efined in Section 5 of this ordinance, shall cause to be thorough- ly disinfected the surface upon which manure is permitted to ac- cumulate, after each removal thereof', with It.e, gypsum or some equally effective system approved tor that purpose by the Health Of'tieer of the City of Gilroy. -3- SEOTION 6 DEPOSIT OF RUBBISH ETC. ON STREETS: It is hereby declared to be a nuisance and it shall be unlawful for any person to throw, deposit or place at or upon any stree, or alley in the o~ty of' Gilroy, any tin, sheet iron, broken glass, thorny clippings or branches, clothing, bottles, paper, night soil, rubbish, rind, skin or peel of any fruit or vegetable, or any foul or noisome substance, or to throw or deposit any paper upon any unenclosed space, either public or private, from which such paper may be blown upon any street or sidewalk, ex~ept such news- papers and periodicals as are usually or regularly placed or deposited upon private property. SECTION 7 FOWLS AND RABBITS: (a) It is hereby declared to be a nu$sance and it shall be unlawful for any person, f'irm or corporation to suf'fer or permit any chickens, geese, ducks, turkeys, pigeons, doves, squabs or similar fowls, or any hare or hares, or rabbit or rabbits, owned or controlled by h~ or it, to run at large or go upon the premises of any other person in the City of Gilroy, 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 or it. (b) It is hereby declared to be a nuisance and.it shall be unlawful for any person, f'irm or corporation to keep on any premises more than fifty (50) in all of chickens, turkeys, pigeons and doves, or hares and rabbits, within seventy-f'ive (75) feet of' any dwelling house or structure used as a dwelling house, unless such hQuse or structure shall be occupied by him or it, or to keep on any premises, more than twelve (12) in all, of' geese, ducks, -4- guinea towls and pea f'owls, within seventy-five (75) teet of any dwelling house or structure used as a dwelling house, unless such house or structure shall be occupied by him or it. SECTION 8 CATTLE: (a) It is hereby declared to be a nuisance and it shall be unlawful f'or any person, firm or corporation to keep, stable or confine more than four (4) head of cattle en any premises occupied or controlled by him or it in the City of Gilroy, witbin four hundred (400) teet ot any dwelling house other than that occupied by . him or it; or to keep, stable or conf'ine more than three (3) head of' cattle on any premises occupied or controlled by him or it within two hundred (200) feet of' any dwelling house other than that occupied by him or it; or to keep, stable or confine more than two (2) head of' cattle on any premises occupied or controlled by him or it, with- in one hundred and fifty (150) f'eet of' any dwelling house other'than that occupied by him or it; or to keep, stable or confine any cattle within seventy-five (75) feet of' any dwelling house other than that occupied by him or it; or to keep any cattle within tifty (50) teet of' any dwelling house whatsoever. The grazing of' a cow on any vacant lot in the City of Gilroy, having an area of at least f'ifteen thousand (15,000) square feet, is not prohibited by this ordinance, if no .~~ teed other than that which grows on said lot is f'ed to" such cow on such vacant lot; and provided that the outside boundary of said lot is not within fifty (50) feet ot any dwelling house not occupied by the owner or person having control of such cow. HORSES: (b) It is hereby declared to be a nuisance and it shall be unlawful for any person, firm or corporation to stable any horse -5- or mule within rifty (50) feet of' any dwelling house other than that occupied by him or it; or to stable more than two (2) horses or mules within seventy-five (75) f'eet of' any dwelling house other than that occupied by him or it; 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 it; 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 or it. It shall be unlawful for any person, firm or corporation to keep or stable any donkey or donkeys within three hundred (300) f'eet of' any dwell- ing house other than that occupied by him or it. GOATS: (c) It is hereby declared to be a nuisance and it shall be unlawful for any person, firm or corporation to keep or maintain any goat within fifty (50) f'eet of any dwelling house other than that occupied by him or it; or more than two (2) goats within one hundred (100) feet of any dwelling house other than that occupied by him or it; or more than four (4) goats within three hundred (300) feet of any dwelling house other than that occupied by him or it; or more then five (5) goats within one thousand (1,000) feet of any dwelling house other than that occupied by him or it. HOGS: (d) It is hereby declared to be a nuisance and it shall be unlawful for any person, firm or corporation to keep or maintain any hog or hogs within the City of Gilroy within one thousand (1,000) feet of any dwelling house, other than that occupied by him or it. SECTION 9 DEPOSIT AND AOCUMULATION OF REFUSE: It is hereby declared to be a nuisance and it shall be unlawful for any person, firm or corporation to cause, suf'f'er or per- -6- I mit the carcass of' any animal to remain upon any lot, premises or place owned, controlled or occupied by him or it in the City of' Gilroy, for a period of twenny-f'our (24) hours, or to cause, suffer or permit any animal or vegetable matter, garbage, filth, ni.ght soil, slOpst swill, suds, stagnant water, or other of'fensive matter liable to become putrid, to collect or be deposited upon any lot, premises or place owned, .controlled or occupied by him or it, ex- cept as otherwise provided by ordinance now in force or hereafter enacted, regulating the accumulation and removal of garbage. SECTION 10 DUMPING REFUSE: It shall be unlawful for any person to trespass or go upon the land or property of' any other person f'or the purpose of' dumpin~ or to dump upon the land or property of any other person, any garbage, refuse, junk or any waste or discarded matter of any kind. SECTION 11 DUMP GROUNDS: It is hereby declared to be a nuisance and it shall be unlawful for any person, firm or corporation to use or suf'f'er or permit to be used any premises owned, occupied or controlled by him or it in the City of' Gilroy, for the throwing, dumping or depositing of' table ref'use, offal, swill, accumulation of anumal, vegetable or other matter that attends the preparation, consumption decay or dealing in or storage of' meats, f'ish, fowls, fruits or vegetables, or animals, or any garbage or offal, ashes, tin eans or rubbish. Provided, however, that the Health Of'ficer may, from time to time, by order and with the consent of the owner thereof', des~gnate certain lots or parcels of' land whereon it shall be lawful to dump -7- r non-putrefactive rubbish under the supervision and control of municipal officers. This section shall not be construed to prohibit the bury- ing of ashes and tin cans accumulated by any family upon premises occu- pied by it. SECTION 12 POLLUTION OF WATER: It is hereby declared to be a nuisance and it shall be unlawful for any person, firm or corporation in the City of Gilroy, to corrupt, pollute or render unwholesome or impure the water of' any drinking f'ountain, hydrant or place within said City. SECTION 13 SEPARATE OFFENSES: Each day during which a nuisance as stated in this Ordinance is maintained, continued or suf'f'ered or permitted to be maintained, continued or to exist, shall constitute a distinct and separate orfense. SECTION 14 PENALTIES: Any person violating or wilfully non-complying with any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and shall, upon conviction thereof, be punished by a fine not exceeding One Hundred Dollars, or by imprisonment in the City prison not exceeding thirty (30) days or by both such fine and imprisonment. SECTION 15 All ordinances and parts of' ordinances in conf'liet here- with are hereby repealed. -8~ j SECTION 16 This ordinance shall take ef'rect and be in force thirty (30) days after its passage and approval. PASSED this 6th day of Maroh, 1922, by the f'ollolfing vote: AYES: aouncil:men1J. t~, f..g.4~ A.Jf.fJ~l, tf;..v,.til.~, I/J7. mtVl/~, tf~ /f. ~. ~".~ NOES: Councilmen ~.. ABSENT: Councilmen APPROVED this 6th day of' !~ar .1, 192~ Mayor Attest: Ii Y ;ff!L~__- City CleCJ -9-