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Ordinance 2007-21 ORDINANCE NO. 2007-21 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING CHAPTER 4, ARTICLES II, III AND IV, OF THE GILROY CODE (THE ANIMAL CONTROL ORDINANCE) TO CLARIFY CERTAIN VIOLATIONS AND TO INCREASE INSURANCE REQUIREMENTS CONTAINED THEREIN. WHEREAS, pursuant to California Constitution article XI, section 7, and the City Charter, section 600, the City Council has the authority to enact ordinances which promote the public health, safety and general welfare of its residents; and WHEREAS, the City Council fmds that the modifications to Gilroy City Code, Chapter 4, pertaining to the provisions of the public nuisance and insurance requirements for dangerous dogs are necessary and in the interest of the health, safety and welfare of the residents of the City; and WHEREAS, this Ordinance is exempt from the requirements of the California Environmental Quality Act of 1970 ("CEQA"), as amended, because it does not involve an activity that may cause either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES HEREBY ORDAIN AS FOLLOWS: SECTION I Chapter 4, Article II, Section 4.6 entitled "Powers of the Administrator" is deleted in its entirety and replaced with a new Section 4.6 to read as follows: "Sec. 4.6. Powers of the administrator. (a) The administrator, or animal control officer acting on his or her behalf, shall have the following powers: (1) To enforce the provisions of this chapter and state laws relating to the care, treatment, impounding and destruction of animals; (2) To arrest any person who violates this chapter in the manner provided by Section 836.5 of the Penal Code of the state; (3) To issue citations or orders pursuant to Chapter 6A; ORDINANCE No. 2007-21 (4) To act as a public officer pursuant to Food and Agricultural Code Section 7; (5) The administrator may formulate rules and regulations in conformity with and for the purposes of carrying out this chapter, and any violation thereof shall be deemed an infraction. (b) The administrator shall have authority to determine whether any dog has engaged in the behaviors or exhibits any of the characteristics of a dangerous dog in accordance with sections 4.1 and 4.30." SECTION II Chapter 4, Article III, Section 4.11 entitled "Public nuisances" is hereby deleted in its entirety and replaced with a new Section 4.11 to read as follows: "Sec. 4.11. Public nuisances (a) It is declared to be a nuisance, and it shall be unlawful, for any person owning or having control or custody of any animal, to do any of the following: (1) Permit an animal to defecate or urinate on any privately owned or occupied property other than that of the owner or the person having control of the animal; (2) Permit an animal to defecate on public property without immediately cleaning or removing the excrement to a proper receptacle; (3) Permit unsanitary conditions to exist on any premises where an animal is kept which would cause foul or obnoxious odors, attract flies or vermin or otherwise threaten the public health and safety; (4) Cause or permit a dog or a wild or exotic animal to run or wander at-large on any public property or privately owned or occupied premises without the consent of the owner or occupant; or, (5) Permit an animal to engage in menacing behavior including but not limited to the chasing of vehicles or the molesting or frightening of passersby. (b) Except as provided otherwise in this chapter and except in circumstances in which the animal control officer seeks to have a nuisance abated by the owner of the premises on which the nuisance is generated in accordance with section 4.8, any peace officer may seize and impound any animal causing a public nuisance in accordance with the process set forth in sections 4.50 through 4.59. (c) In addition to any other remedies provided by this Code. the fine or penalty for violation of this section shall be the amounts specified in Section 4.9 of this chapter. ORDINANCE No. 2007-21 (d) Any private person may maintain an action under Civil Code Section 3493 for enforcement of this chapter declaring certain acts a public nuisance. if such acts are especially injurious to such person." SECTION III Chapter 4, Article III, Section 4.22 entitled "Barking Dogs" is hereby added to the Gilroy City Code to read as follows: "Sec. 4.22 Barkin2 D02S: (a) It is hereby declared to be a nuisance. and it shall be unlawful. for any person owning or having control or custody of any dog to keep within the city limits any dog that barks. yelps. cries. howls. or creates any other noise that a reasonable person would find distressing or disruptive. (b) Except as provided otherwise in this chapter and except in circumstances in which the animal control officer seeks to have a nuisance abated by the owner of the premises on which the nuisance is generated in accordance with section 4.8. any peace officer may seize and imoound any animal causing a public nuisance in accordance with the process set forth in sections 4.50 through 4.59. (c) In addition to any other remedies provided by this Code. any enforcement officer. at his or her discretion. may issue an administrative citation pursuant to Chapter 6A. The administrative penalties for violation of this section shall be as set forth in the schedule of penalties as established by resolution of the city council. (d) Any private person may maintain an action under Civil Code Section 3493 for enforcement of this chapter declaring certain acts a public nuisance. if such acts are especially injurious to such person." SECTION IV Chapter 4, Article IV, Section 4.26 entitled "Dogs; restraint required; exceptions", is hereby deleted in its entirety and replaced with a new Section 4.26 to read as follows: "Sec. 4.26. Dogs; restraint required; exceptions. ( a) An owner or person with custody over or the right to the control of any dog or dogs shall keep such dog or dogs confined to said person's own premises within such enclosures as may be reasonably appropriate to restrain the dog from running at large. No dog shall be allowed to walk the public streets without being restrained by means of a leash capable of restraining at least four (4) times the weight of such dog, except: ORDINANCE No. 2007-21 (1 ) Assistance dogs while performing their duties; (2) Dogs participating in field or obedience trials or exhibitions; (3) Dogs assisting their owner or handler in lawful hunting or herding oflivestock; (4) Dogs assisting a security guard or assisting a peace officer engaged in law enforcement activities; (5) Dogs being trained for any of the purposes set forth in this section on private land with permission of the land owner, so long as such dogs are under direct control of such individuals to assure that they do not violate any other provision of law. (b) In addition to any other remedies provided by this Code. any enforcement officer. at his or her discretion. may issue an administrative citation pursuant to Chapter 6A. The administrative penalties for violation of this section shall be as set forth in the schedule of penalties as established by resolution of the city council. SECTION V Chapter 4, Article IV, Section 4.30 entitled "Regulation of dangerous dogs", subsection (b) (1) is deleted in its entirety and replaced with a new Section 4.30(b)(1) to read as follows: "(1 )Ifthe dog has engaged in level I behavior or has been designated a level 1 dangerous dog as defined in section 4.1, the dog shall be restrained by a physical device or structure that prevents the dog from reaching any public sidewalk or adjoining property whenever that dog is outside the owner's home and not on a leash under the control of a person at least eighteen (18) years of age and who is physically capable of restraining the animal. The administrator shall adopt administrative rules establishing specifications for the required device or structure. The administrator may require that the dog's owner prove financial responsibility, including posting a bond or certificate of insurance in the amount of three hundred thousand dollars ($300.000.00). Additionally. the city shall be named as an additional insured on such oolicy or bond." SECTION VI Chapter 4, Article IV, Section 4.30 entitled "Regulation of dangerous dogs", subsection (b) (6) is deleted in its entirety and replaced with a new Section 4.30(b)(6) to read as follows: "(6) The administrator may require that the level 2 dangerous dog owner prove financial responsibility including posting a bond or certificate of insurance in the amount of five hundred thousand dollars ($500.000.00). Additionally the city shall be named as an additional insured on such policy or bond." ORDINANCE No. 2007-21 SECTION VII Chapter 4, Article IV, Section 4.35 entitled "Dog or cat not permitted at-large, waiver of fine for sterilized cat at-large", shall be deleted in its entirety and replaced with a new Section 4.35 to read as follows: "Sec. 4.35. Fine for at-large dog; enhanced fine for unsterilized. at-large dog. (a) No owner or person with the control or custody of any 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 proiect without the consent of the property owner or person in control of the property. (b) A fme or penalty for violation of this section 4.35 shall be the amounts specified in section 4.9 of this Chapter. (c) An unsterilized dog that is found to be running at-large shall be issued citations for both offenses and shall be subject to twice the fine or penalty applicable for a sterilized dog that is at- large. (d) If within fifteen (15) days of receiving the citation described in subsection (c). the owner of the unsterilized 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 fine 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 (b) above. (e) The fine or penalty provided in sub-section (c) above shall not apply if the owner provides evidence from a veterinarian. within fifteen (15) dayS of receiving the citation described in subsection (c). that said dog is too young to be surgically sterilized. (1) The enhanced fme or penalty provided in sub-section (c) above shall not apply to an AKA registered dog." SECTION VIII Chapter 4, Article IV, Section 4.36 entitled "Enhanced fine or penalty for unsterilized dog at- large, waiver of fine for unsterilized cat at-large", shall be deleted in its entirety and replaced with a new Section 4.36 to read as follows: "Sec. 4.36 Fine for at-large cat. ORDINANCE No. 2007-21 (a) 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 anv planned development. cluster. townhouse or condominium project without the consent of the property owner or person in control of the property. (b) The fine or penalty for violation of this section 4.36 shall be the amounts specified in Section 4.9 of this chapter. (c) If within fifteen (15) dayS of receiving the citation described in subsection (b). the owner or person in control of the cat demonstrates to the satisfaction of any person charged or authorized to enforce this chaoter that the cat is sterilized or the owner of the cat causes his or her cat to be spayed if female or neutered if male or otherwise surgically rendered oermanently incapable of reproduction and provides evidence from a veterinarian that such surgery was oerformed. the city shall waive the fine or penalty applicable to a cat at-large." SECTION IX If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect 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 section, subsection, sentence, clause or phrase hereof, irrespective ofthe fact that anyone or more sections, subsections, sentences, clauses or phrases may be declared invalid or unconstitutional. SECTION X This Ordinance shall be in full force and effect thirty (30) days after the date of its passage and adoption. PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF GILROY this 3rd day of December, 2007, by the following vote: AYES: COUNCILMEMBERS: ARELLANO, BRACCO, CORREA, PINHEIRO, VALIQUETTE, VELASCO NOES: COUNCILMEMBERS: GARTMAN ABSENT: COUNCILMEMBERS: NONE ORDINANCE No. 2007-21 ATTEST: \ APPROVED ~. Albert Pinheiro, Mayor ORDINANCE No. 2007-21 I, SHA WNA FREELS, City Clerk of the City of Gilroy, do hereby certifY that the attached Ordinance No. 2007-21 is an original ordinance, or true and correct copy of a city resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 3rd day of December, 2007, 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 19th day of December, 2007. (Seal)