Ordinance 427
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ORDINANCE
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REGULATING AND CONTROLLING DOGS, PROVIDING FOR THEIR
LICENSES; AND REPEALING SECTIONS 167, 168, 169, 170,
AND 171 OF THE MUNICIPAL CODE OF THE CITY OF GILROY,
AND AS AMENDED BY ORDINANCES NUMBERED 263, 370 AND 406,
OF SAID CITY, REGULATING AND CONTROLLING DOGS AND PRO-
VIDING FOR THEIR LICENSES.
The Common Council of the City of Gilroy DO ORDAIN as follows:
SECTION 1. It shall be unlawful for any person, firm or cor-
poration to keep or cause to be kept within the City of Gilroy for
more than two (2) days, any dog unless the same is validly licens-
ed as provided by this ordinance and unless the same has around
its neck a collar having attached thereto a metallic plate or tag
as provided by this ordinance.
SECTION 2. It shall be unlawful for any person, firm or cor-
poration intending to have any dog within the City of Gilroy for
a period of less than two (2) days to allow such dog to run at
large.
SECTION 3. Application for all dog licenses shall. be made
to the City Clerk, who shall issue said license upon application
therefor and the payment of a license, fee of One and no7l00 ($1.00)
Dollar for every dog. No license shall be issued to any dog, the
license for which has been revoked as herein provided.
SECTION 4. All dog licenses shall be numbered, shall be
signed by the City Clerk, shall be on such form as shall be pro-
vided by the City ,of Gilroy, and shall expire on the 30th day of
June after their issuance. All such license fees shall be payable
in advance, (and when collected shall be paid into the general fund
of the City of Gilroy).
SECTION 5. The City Clerk shall procure at the expense of the
City, metallic plates or tags, one of which shall be given with each
dog license. Such plates or tags shall be inscribed thereon the
number of the license with which it is given and the year for which
it is issued. The City Clerk shall keep a record of all licenses
issued and the name of the owner or possessor of the dog, and a
general description of the dog for which each license was issued.
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SECTION 6. The City Clerk may, upon application therefor
and the payment of One Dollar ($1.00) issue a temporary permit
for any dog brought temporarily within the City of Gilroy. Such
permit shall not be valid for more than ninety (90) days, nor
shall more than one such permit be issued for any dog within any
one calendar year. With each such permit there shall be given
a metallic plate or tag to be made so as to be readily disting-
uished from plates or tags issued for other dogs as herein provided.
SECTION 7. Whenever any plate or tag as provided herein is
lost or stolen, the City Clerk may issue a duplicate therefor upon
application therefor and upon the payment of twenty-five cents
(25~) and the filing of an affidavit by the ovmer or possessor of
said dog to the effect that such tag or plate was lost or stolen.
SECTION 8. All dog licenses issued as provided by this or-
dinance may be revoked whenever a dog is found to be dangerous or
is addicted to barking at night so as ~o be a nui~~ce to any person.
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SECTION 9. A dangerous dog is hereby defined for the purpose
of this ordinance to be a dog with the propensity to bite human
beings. It shall be prima facie evidence that a dog is dangerous
when it has bitten a human being.
SECTION 10. The police judge of the City of Gilroy 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 or persons, to set a hearing to determine whether or not
such dog is dangeroug or is addicted to barking at night so as to
be a nuisance to any person or persons. Written notice of the
time and place of said hearing shall be given to the owner or to
the possessor of the dog complained of at least five (5) days prior
to said hearing. The police judge shall have the power to summon
witnesses, administer oaths and take testimony as in other cases
provided. Said hearing shall be conducted before said police judge
and there shall be no right to a jury trial. Upon the conclusion
of such hearing, the police 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 persons. Upon a finding that such
dog is dangerous or is addicted to barking at night so as to be a
nuisance to any person or persons, the judge shall order the license
of such dog revoked and thereafter it shall be unlawful for any per-
son, firm or corporation to keep or cause to be kept such dog with-
in the City of Gilroy.
SECTION 11. 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 so do shall be
unlawful. Vfuenever 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 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 4he end of such period of observation,
it appears that said dog does not have the rabies it shall be re-
leased upon the payment to the poundmaster of the sum of twenty-five
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cents (25~) per day for food for said dog during the period of
confinement~ together with an impounding fee of Two Dollars ($2.00)
providing, however, that if the owner or person in control of said
dog in~ediately delivers the same to the public pound upon learn-
ing that it has bitten a human being, no impounding fee shall be
charged.
SECTION 12. The Common Council shall from time to time,
appoint a Pound Master whose duty it shall be to enforce the pro-
visions hereof and to impound dogs as herein provided.
SECTION 13. It shall be the duty of the City Marshal and the
duty of every Policeman and/or any Pound Master appointed by the
Common Council of the City of Gilroy to take into custody any dog
or dogs running at large not provided vath wearing tags as herein
provided and place such dog or dogs in the City Pound, and when so
impounded they shall be kept securely for forty-eight (48) hours.
If not claimed and redeemed before the expiration of such time, they
shall be killed and buried by the officer impounding them. Any dog
so impounded may be redeemed by the OVffier or person entitled to its
possession within forty~eight (48) hours after impounding, upon
presenting a license tag and the payment to the Pound Master of the
sum of One Dollar ($1.00) for impounding the dog and the sum of
Twenty-five cents (25i) per day for feeding said dog during the time
impounded. r
SECTION 14. The Pound Master shall make a monthly report to
the Common Council of all dogs captured and redeemed or destroyed
during the previous month. For each dog captured and destroyed by
him, the Pound Master shall receive the sum of Two DOllars, which
shall be full compensation for capturing, keeping, destroying and
disposing of said dog; and for each dog captured and redeemed by
the owner, the Pound Master shall receive the sum of One Dollar
($l.OO) together \nth the sum of Twenty-five cents (25~) per day
for feeding said dog.
SECTION 15. The commission of any act or acts herein declared
to be unlawful, or th~ailure to do any act or acts, the failure
to do which are herein declared to be unlawful, shall be a misde-
meanor, punishable by fine not to exceed One Huhdred Dollars ($100.00)
or imprisonment in the city prison for a period not to exceed
thirty (30) days, or by both fine and imprisonment, or any part thereof.
SECTION 16. S~ctions 167, 168, 169, 170 and 171 of the Mun-
icipal Code of the ~ity of Gilroy and as amended by 0rdinances
numbers 263, 370 and 406, regulating and controlling dogs and
providing for their licenses, are hereby repealed, and all ordin-
ances and parts of ordinances in conflict therewith are hereby repealed.
ADOPTED AND PASSED this 12th day of September, A.D., 1938
by the following vote:
A YES:
Councilmen:George C.M111as,Jr.,Jaak Rogers,George A.
Martin,George M.Mason,Nat Heiner.
Councilmen: None
NOES:
ABSENT:
Councilmen:James Battersby
Attest:
G.Q,~#.
Ci ty Clerk ,
Approved:
=ria~~ r.MJr~
ayor
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