Ordinance 1989-01ORDINANCE NO. 89-1
AN ORDINANCE OF THE CITY OF GILROY AMENDING
SECTION 4.27 AND ENACTING CHAPTER 4, ARTICLE IV
OF THE GILROY CITY CODE PERTAINING TO VICIOUS
ANIMALS
THE CITY COUNCIL OF THE CITY OF GILROY DOES ORDAIN
AS FOLLOWS:
SECTION I. Section 4.27 of the Gilroy City Code
is amended to read as follows:
Sec. 4.27 Noisy animals, trespassing 'and destructive
animalSp~Ohi~i~'d and~d'ecla-~'~d~~
(a) 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'un-
lawful and is hereby declared to be a public nnisance;
each day shall constitute a separate offense.
(b) 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 II. Chapter 4, Article IV of the Gilroy City
Code is enacted to read as follows:
CHAPTER 4
ARTICLE IV, VICIOUS ANIMALS
Sec. 4.32.
Definition of Terms.
As used in this Article:
A. "Owner" means any person, firm, corporation,
organization or department possessing or harboring or having
the care or custody of an animal.
B. "Vicious animal" means:
1. Any animal with a known propensity, tendency or
disposition to attack unprovoked, to cause injury to, or
otherwise threaten the safety of human beings or domestic
animals; or
2. Any animal which because of its size, physical
nature, or vicious propensity is capable of inflicting serious
physical harm or death to humans and which would constitute a
danger to human life or property if it were not kept in the
manner required by this ordinance; or
ORDINANCE NO. 89-.1
3. Any animal which, without provocation, attacks
or bites, or has attacked or Bitten, a human being or
domestic animal; or
4. Any animal owned or harbored primarily or in
part for the purpose of fighting, or any animal trained for
fighting.
C. A vicious animal is "unconfined" if the animal is
not securely confined indoors or confined in a securely
enclosed and locked pen or structure upon the premises of
the custodian of the animal. The pen or structure must have
secure sides and a secure top attached to the sides. If the
pen or structure has no bottom secured to the sides, the sides
must be embedded into the ground no less than one foot. Ail
such pens or structures must be adequately lighted and kept
in a clean and sanitary condition.
Sec. 4.33. Confinement. The owner of a vicious animal
shall not suffer or permit the animal to go unconfined.
Sec. 4.34. Leash and Muzzle. The owner of a vicious
animal shall not s{~er or permit the animal to go beyond the
premises of the custodian unless the animal is securely
muzzled and restrained by a chain or leash, and under the
physical restraint of a person. The muzzle shall be made
zn a manner that will not cause injury to the animal or
interfere with its vision or respiration, but shall prevent
it from biting any human or animal.
Sec. 4.35. Signs. The custodian of a vicious animal
shall display in-a prominent place on his/her premises a
clearly visible warning sign indicating that there is a
vicious animal on the premises. A similar sign is required
to be posted on the pen or kennel of the animal.
Sec. 4.36. Animal Fighting. No person, firm, corporation,
organization or department shall possess or harbor or maintain
care or custody of any animal for the purpose of fighting,
or train, torment, badger, bait or use any animal for the
purpose of causing or encouraging the animal to attack human
beings or domestic animals.
Sec. 4.37. Insurance. Owners of a vicious animal must
provide proof to the City Clerk of public liability insurance
in the amount of at least $100,000 insuring the owner for
any personal injuries inflicted by his/her vicious animal.
Sec. 4.38. Penalties. Whoever violates any provision of
this ordinance shall be guilty of a misdemeanor.
Sec. 4.39. Severability. If any section, sentence, clause
or phrase of this ordinance is for any reason held to be invalid
or unconstitutional by a decision of any court, such a decision
shall not affect the validity of the remaining portions of
this ordinance.
ORDINANCE NO. 89-1 -2-
SECTION III. All other ordinances and parts of
ordinances in conflict herewith are hareby repealed.
SECTION IV. This ordinance shall take effect and
be in full force thirty (30) days from and after its adoption
and approval.
PASSED AND ADOPTED this 3rd day of January,
the following vote:
AYES: COUNCILMEMBERS:
1989 by
ATTEST:
NOES:
ABSENT:
GAGE, HALE, KLOECKER, MUSSALLEM,
PALME.RLEE, VALDEZ and HUGHAN
COUNCILMEMBERS: NONE
COUNCILMEMBERS: NONE
ORDINANCE NO. 89.-1 -3-
I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do
hereby certify that the attached Ordinance No. 89-1 is an original
ordinance, duly adopted by the Council of the City of Gilroy at a regular
meeting of said Council held on the 3rd day of January , 19 89 ,
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
19 89.
erk of the City of Gilroy
(Seal)
6th day of January