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Ordinance 2002-01ORDINANCE NO. 2002-01 Pe-adopted with no wording changes - was not correctly published. AN ORDINANCE OF THE CITY OF GILROY AMENDING SECTION 4.1 OF ARTICLE I OF, AND ADDING SECTIONS 4.35 AND 4.36 TO ARTICLE IV OF, CHAPTER 4 OF THE GILROY CITY CODE, PERTAINING TO ANIMALS AND FOWL WHEREAS, the City of Gilroy ("City") is participating in a countywide effort to deal with animal control related problems; and WHEREAS, the City desires to encourage pet owners to spay and neuter their dogs and cats to lessen the financial burden and social problems associated with dog and cat overpopulation; and WHEREAS, Chapter 4 of the Gilroy City Code, entitled "Animals and Fowl," declares a public nuisance the act of allowing a dog to roam at large, and imposes a penalty therefore, hut currently does not restrict the roaming at large by cats; and WHEREAS, Section 4.1 of Chapter 4 of the Gilroy City Code defines an animal "at large" to mean "off the premises of its owner and not under restraint by leash or chain, or which is wandering or running freely on public property or property belonging to a person not the owner or person in control of the animal and without supervision, accompaniment, and adequate restraint"; and WHEREAS, the City desires to enhance the penalty applicable to a dog at large, as provided in Section 4.9 (entitled, "Violations, penalty") and Section 4.11 (entitled "Public nuisances") of Chapter 4 of the Gilroy City Code, when the dog has not been spayed or neutered or otherwise surgically rendered permanently incapable of reproduction, and to impose a fine or penalty applicable when a cat is allowed at large, but waive the fine applicable to cats at large when the cat has been spayed or neutered or otherwise surgically rendered permanently incapable of reproduction. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES HEREBY ORDAIN AS FOLLOWS: SECTION I Section 4.1, entitled "Definitions," of Article I of Chapter 4 of the Gilroy City Code is hereby amended to add the following language immediately before the paragraph that begins "Wild or exotic animal means...": Sterilized dog or cat means a dog or cat that has been spayed if female or neutered if male or otherwise surgically rendered permanently incapable of reproduction. ~qVH~532825.4 - 1 - 0v~2~D0470~002 Ordinance No. 2002 01 Unsterilized dog or cat means a dog or cat that has not been spayed if female or neutered if male or otherwise surgically rendered permanently incapable of reproduction. SECTION II Sections 4.35 and 4.36 are hereby added to Article IV, entitled "Dogs and Cats," of Chapter 4 of the Gilroy City Code to read: Section 4.35 Dog or cat not permitted at large; waiver of fine for sterilized cat at large. (a) No owner or person with the control or custody of any unsterilized dog shall allow the animal at large upon any public street or other public place, or upon any private property or common area of any planned development, cluster, townhouse or condominium project without the consent of the property owner or person in control of the property. Nothing in this subsection (a) shall be construed to limit the liability or fmc or penalty imposed by other provisions of this code upon an owner or person with the control or custody of a sterilized dog who allows the animal at large upon any public or private place. CO) No owner or person with the control or custody of any cat shall allow the animal at large upon any public street or other public place, or upon any private property or common area of any planned development, cluster, townhouse or condominium project without the consent of the property owner or person in control of the property. The fine or penalty for violation of this subsection (b) shall be the amounts specified in Section 4.9 of this Chapter; provided however, that the fine or penalty shall be waived if the owner or person in control demonstrates to the satisfaction of any person charged or authorized to enforce this chapter that the cat has been sterilized. Section 4.36 Enhanced fine or penalty for unsterilized dog at large, waiver of fine for unsterilized cat at large. (a) The fine or penalty applicable for an unsterilized dog that is at large shall be twice the fine or penalty applicable for a sterilized dog that is at large, which fine or penalty for a sterilized dog at large shall be the amounts specified in Section 4.9 of this Chapter. Co) If within fifteen (15) days of receiving the citation described in subsection (a), the owner of the tmsterilized dog causes his or her dog to be spayed if female or neutered if male or otherwise surgically rendered permanently incapable of reproduction and provides evidence from a veterinarian that such surgery was performed, the city shall waive the enhanced f'me or penalty for an unsterilized dog at large. The owner then shall be required to pay the fine or penalty applicable to a sterilized dog at large, which fine or penalty for a sterilized dog at large shall be the amounts specified in ~NVH~532825.4 -2- 01-121004706002 Ordinance No. 2002 O1 Section 4.9 of this Chapter. (c) If within fifteen (15) days of receiving the citation for allowing a cat at large as prohibited under Section 4.35, the owner of the cat causes his or her cat to be spayed if female or neutered if male or otherwise surgically rendered permanently incapable of reproduction and provides evidence from a veterinarian that such surgery was performed, the city shall waive the fine or penalty applicable to a cat at large. SECTION III If any section, subsection, subdivision, sentence, clause, phrase or word of this ordinance is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not effect the validity of the remaining portions of this ordinance. The City Council of the City of Gilroy hereby declares that it would have passed and adopted this Ordinance, and each and all provisions hereof, irrespective of the fact that one or more provisions may be declared invalid or unconstitutional. SECTION IV This Ordinance shall be in full force and effect thirty (30) days after the date of its passage and adoption. PASSED AND ADOPTED this 7th day of January, 2002, by the following vote: AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN, MORALES, PINHEIRO, VELASCO and SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Rh0'nda pellin, City Clerk APPROVED: Thomas W. Spring~q-a'~or ~NVH~532825A -3- 01-121004706002 Ordinance No. 2002 01 PASSED AND READOPTED this 19th day of February, 2002, by the following vote: This Ordinance shall be in full force and effect thirty (30) days aftra' the date of its passage and adoption. AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN, MORALES, PINHEIRO, VELASCO, and SPRINGER NONE NONE Rhon~a Pellih, City Clerk APPROVED: Thomas W. Sprin~ ~NVH~32825.4 -4- 01-121004706002 Ordinance No. 2002- 01 I, RHONDA PELL1N, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 2002-1 is an original ordinance, duly readopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 19th day of February, 2002, 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 15th day of March, 2002. City Clerk of theCity of Gilroy (Seal)