Ordinance 2016-11ORDINANCE NO. 2016-11
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GILROY AMENDING CHAPTER 4, ARTICLE III OF THE
GILROY CODE (THE ANIMAL CONTROL ORDINANCE) TO
CLARIFY THE CRITERIA FOR BARKING DOG VIOLATIONS
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 finds that the modification to Gilroy City Code, Chapter 4,
pertaining to the public nuisance created by the excessive and habitual baking of dogs is 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 11I, Section 4.22 entitled "Barking Dogs" is hereby amended to clarify
Section 4.22(a) to read as follows:
"See. 4.22 Barking Dogs:
(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
excessively and/or habitually barks, yelps, cries, howls, or creates any other noise, which results
in annoyance or discomfort to two or more reasonable persons of normal sensitiveness who
reside in separate residences, including apartments and condominiums. "
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SECTION II
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 of the fact that any one or more sections, subsections, sentences, clauses or phrases may
be declared invalid or unconstitutional.
SECTION III
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 CITY COUNCIL OF THE CITY OF GILROY
on this 6th day of June, 2016 by the following roll call vote:
AYES: COUNCILMEMBERS: AULMAN, BRACCO, HARNEY,
LEROE- MUNOZ, TUCKER, VELASCO and WOODWARD
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ATTEST:
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I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Ordinance No. 2016 -11 is an original ordinance, or true and correct copy of a City
ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council
held on the 6�" day of June, 2016, 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 7th day of June, 2016.
City Clerk of the City of Gilroy
(Seal)