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Ordinance 733 ill_ _.~..."",,,....-~ . Chi 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) '7 ~j ~~ ~. .~ (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) - 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) - ~"'.~.'-~ ~'Ir Ji-_":)- _' 1 "'i '~'1 J'l " 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) . . .- '{g.;.,I1t\~"'li&.!Jfn:'(a:' j "1"' '. >1il'o<<tli~"\rl'w-~""""'-'~'-",,1;<<....Y""'i lJ11I..': 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. --' - ... 'I , , 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. / (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) r ,-=,.. -- ... - j Jl(j: ~.1i I ~_ '_Ct."!- _- cr-r- ''1,1 t*lP-'''~"-' 1; 1"<;;~ .. .-'" ~. 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) itJnulIimirr-ij"-"J',i'. - :~~~.i<~_""'" ",li;" ~_11'~ 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: /' // /l "/,,, / <.:- (-'-"<' J ~> - z.~_,<' , L.". ,,"--,';. .r ( Mayor ,,"' ATTEST: ...., t,/ I (10) ~ .. , ". ". .." .~. , , , .,. .(~ , .,i_ .... .' ,~t. \ .~ I. 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