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O 154 C.S. "'- ') ORI!)INANCE NO. 154 C.S. -.-/ AN ORDINANCE OF THE CITY OF ARROYO GRANDE AMENDING THE ARROYO GRANDE MUNICIPAL CODE BY AMENi!)ING SECTIGNS .02, .03, .04, .1lJ7, .a8, .14, .42 AND .41t, OF CHAPTER 1, TITLE 6 RELATING TIlJ ANIMAL CONTROL WITHIN SAIl!) CITY AND BY ADDING SUBSECTION (f) TO SECTION .11, AND BY ADDING SECTION .50 THERETO PROVIDING THAT VIOLATIONS BE INFRACTIONS. The City Council of the City of Arroyo Grande does ordain as follows: SECTION I: That 'the following sections of Chapter 1, Title 6 of the Arroy& Grande M~niclpal Code are amended to read as follows: Section 6-1.02: Animal Control Officer: Duties. "'. . There shall be in this City a Chiet'.Anl,/TIal Control Officer responsible for the administration of the Animal Regulation C<Dntrol ,~artrnent, It slle11 ~ the duty af the Chief Animal Control Gfflcer and his 'dulyautl1or;lzed deputies an~ employees to carry out the provisions of this title, and al lajt,11cl!ble st"tutes of the State of California and to be In cha""e of the public pQun!ll hereby authorized and established. SectltNI 6-1.03: C i tat I on Authorl ty. The Chief Animal Contnl>l Officer and his duly authorized deputies shall, have the pClWer to issue citations pursuant te Chapter 2, Title 1 0f this C!!>CIe. Section 6-LO~,\~): Authority to Carry Weapons. AnlmalccMtrel officers w,hen acting In the CGurse and scope of their employment shall be and hereby are authorized to carry an their person or In their vehicles loaded firearms or ..apons of the type approved by the Chief Animal CGntrol Officer for the lImIted purpGse I)f use'wlth respect to rabid Qlr Injured animals. Each officer shall qualify under tallfornla Penal Code Section 8)2 In the use of firearms. Section 6-1.04: Badges. The Chief Animal Contral Officer and his duly authorized and appointed deputies, while engaged In the execution of their duties, shall each wear In plain view a bedge having, In the case of the Chief AnImal Centrol OffIcer, the wC!lrds "ChIef Animal Control Officer" and In the case of the deputy animal c01Itral officers, the wards "Deputy Animal Control Officer" engraved thereon. All)' person who has not been appointed as provided herelnabave. or who.. appointment has been revoked, whe shall represent himself te be or shall attempt to act as an animal control C!lfflcer shall be guilty of a mlsdemeanl)r. Section 6-1.07: Unnecessary Noise. It Is unlawful for any person to keep, maintain or pennlt en any lot or parcel of land, any dogs, cats, animals, poultry or household pets, which by any sound or cry shall disturb the peace and camfort of the neIghborhood. Section 6-1.G8: .' Redemptlliln of Impounded Dogs. The poundmaster shall securely keep any dog Impounded for a period of three (3) day~ unless the dog be saoner reclaimed or redeemed by the owner or person haVing control thereof. The owner Qr person entltied to the custody of the dog so Impounded may, at any time before the sale or other dlsposHlen thereof, during the office hours of the pound, recl,alm or recleem the dog by exhibiting to the poundmaster the license certificate or license tag showIng that the license for the dog for the then current year has been paid and by paying the poundmaster any charges provided for. Ne fee whets()ever shall be charged or collected for or on account of any dog which hes been unlawfully taken up or impounded, and any such dog shall be immediately delivered upon demand therefor to the owner or person entitled to the cust0dy thereof. (13/77) '>-.., .-. ~' -,. " -'-'--- ----.'.----..- -- " Ordinance No. 154 C.S. -- ,') Page Two \ I I Section 6-1.14: Interference with Performance ~f Duties. It is unlawful f~r any person to resist, hinder, or ~bstruct the Chief Animal Contr~l officer or any of his deputies or employees in the exercise of their dutIes. Any person who violates this section shall be guilty of a mis- demeanor. Section 6-1.42: Failure to Pay License Fee or Provide Information. It is unlawful for any person owning or having the care, custody, or c~ntr~1 of any deg In the City of Arroyo Grande to refuse, fail, ~r neglect to pay the I tcense fee at the time and in the manner herein prGvlded;, or to refuse, fail or neglect to furnish to the Departme~t of'Animal Regulation, the Health Officer, or any of their duly qualified and authorized deputies or employees, the information necessary to properly license the dog. Section 6-1.44: Impounding and Disposition of Stray or Abandoned Cats. It shall be the duty of the poundmaster to receive and Impound all cats desired to be abandoned by their owners, or receive and impound all cats believed to have been abandoned by their owners. The poundmaster shall provide proper care and attention, food and water, for all cats received and Impeunded and shall keep such cats for a period of three (3) days unless the cats be sooner reclaimed or redeemed by the owner or person having contrel thereof. Such relllllllption may be made by paying the poundmaster any charges not to exceed one dollar ($1.00) per day for the care of the cats as Imposed thereon. No fees whatsoever shall be charged or collected for or on account of any cat which has been unlawfully taken up or impounded, and any such cat shall be immediately delivered upon demand therefor to the owner or person entitled te the custody thereof. At any time after the expiration of the period of three days, the poundmaster may, without notice and without advertising In any manner, sell, gIve away, or dispose of the cats. Provided, however, the pound- master may not sell, give away, or transfer title to any cats fGrany purposes as set forth I n Sect ion 6-1.25. ProvIded further, bowever, the poundmaster may not sell or give away any female cat that has not been ~pay~d, or any male cat that has not been neutered, unless the costs of spaying or neutering such cat, as determined and promulgated by the Department of Animal Regulation, has been deposited with the pound. SECTION 2: Chapter 1 of Title 6 of the Arroyo Grande Municipal Code Is amended by adding thefolla./lng subsection to Section 6-1.11. Section 6-1.11: DefinitiGns. (f) Whenever Ip0undmaster" Is used herein, It refers to and means the Chief ~nlmal Control Officer of the City of Arroyo Grande. SECTION 3: Chapter I of Title 6 of the Arroyo Grande Municipal Code is amended by adding Section 6-1.50 thereto to read as follows: Sectl~n 6-1.50: Violation. Except as otherwise provided, violation of the provisions of this title Is an infraction. SECTION 4: This Ordinance shall be in full force and effect thirty (30) days after Its passage, and within fifteen (15) days after Its passage, It shall be published once, together with the names of the Councilmen voting thereon, in the Five Cities Times-Press-Recorder. On m0tion of Councilman Gallagher, seconded by Councilman Schlegel and on the fol1owlng roll call vote, to wit: AYES: Councilmen Spierling, Gallagher, Schlegel and May~r Pro Tern Millis >.' . NOES: NQne ABSENT: May~r de Leon the foregoing Ordinance was passed and adopted this 24th day of May, 1977. ATTEST: -d.uz" 7- ck/ ('04?""~ ~ ~:J~~ ~~; / MAYOR T H " CITY CLERK j I j