Ordinance 1029
ORDINANCE NO.I029
AN Ol~INANCE OF THE CITY OF GILROY AMENDING CHAPTER
4 OF THE GILROY CITY CODE RELATING TO ANI}~LS AND
FOHL.
THE CITY COUNCIL OF THE CITY OF GILROY DOES ORDAIN AS
FOLLOWS:
SECTION I: Section 4.26 and Article II of Chapter 6 containing
Sections 4.27 and 4.29 of the Gilroy City Code are hereby repealed.
SECTION II: The following sections are hereby adopted as
Section 4.26 and 4.27 of the Gilroy City Code.
Sec. 4.26. Running at large; dogs.
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 bt;;: under restraint by leash or chain or at "heel" beside
a competent person and obedient to that personts command or confined
within an automobile.
Sec. 4.27. Vicious or dangerous animals, noisr animals
and trespassing and destructive an~mals pro-
nrDited and declared nuisances.
(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 nuisance; each day shall constitute a
separate offense.
(c) It shall be unlawful to suffer or permit any animal
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. Any such animal
may be impounded by the poundmaster.
SECTION III: The following sections are hereby adopted as
Article II of Chapter 6 of the Gilroy City Code.
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ORDINANCE NO. 1029
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ARTICLE II. NUISANCE ABATEMENTj PENALTIES
Sec. 4.28. Right to enter and inspect premises; notice
to abate nuisan~
.
It shall be the duty of the poundmaster, his deputies, or any
police or peace officer, to enter upon or in any premises, building,
lot, yard or inclosure for the purpose of inspecting such premises,
to ascertain if any nuisance herein named shall exist, or if said
officer or officers has reason to believe any such nuisance shall
exist and whenever a nuisance shall be found to exist in the opinion
of the poundmaster, his deputies, or any police or peace officer, to
notify in writing any person or persons owning or having control of
or acting as agent for, leasing or occupying such premises, house,
or other place, to abate or remove such nuisance within forty-eight
(48) hours.
Sec. 4.29. Penalties for violation.
(a) Any person violating any of the prov~s~ons of this
Chapter and any person who shall fail to comply with
the requirements Of this Chapter, shall for each and
every violation thereof, and for each and every day
or fractional part thereof during which such violation
shall continue, be deemed guilty of an infraction and
upon conviction thereof, shall be subject to the penalties
provided by law.
(b) Upon the failure, neglect or refusal of any owner,
occupant, or agent, or other person having control of
such house, premises or other place, to comply with the
notice given under Section 4.28, the poundmaster, or
any police or peace officer may abate such nuisance,
and the owner, agent, or occupant or other person having
control of such house, or place, in addition to the
penalties provided by this Chapter, shall be liable to
the City of Gilroy for the cost of such abatement, in-
cluding a reasonable attorney's fee to be recovered in
a civil action in any court of competent jurisdiction;
if no person can be found upon whom to serve such notice,
the poundmaster or any police or peace officer, duly
authorized or empowered for the enforcement of this
Chapter, shall proceed to abate such nuisance at the
expense of the City.
SECTION IV: All other ordinances and parts of ordinances in
conflict herewith are hereby repealed.
SECTION V: This ordinance shall take effect and be in'full
force thirty (30) days from and after its adoption and approval.
PASSED AND ADOPTED this 16th day of December, 1974, by the
following vote:
AYES:
COUNCILMEMBERS: DeBELL, DUFFIN, HUGHAN, PATE,
STOUT and GOODRICH
COUNCILMEMBERS: NONE
COUNCILMEMBERS: SILVA
NOES:
ABSENT:
YJt4muJ,
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ORDINANCE NO. 1029
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I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do hereby
certify that the attached Ordinance No. 1029 is an original ordinance,
duly adopted by the Council of the City of Gilroy at a regular meeting of
sa i d Counc i I held on the 16th day of December ,19 .1!.., at whi ch
meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
day of December , 19.JJL.
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