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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