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O 642 �• ORDINANCE NO. 642 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING SECTION 6.12.060 OF ..o THE ARROYO GRANDE MUNICIPAL CODE RELATING� TO UNSANITARY CONDITIONS, ANIMALS WASTE AND WATER QUALITY � WHEREAS, the City of Arroyo Grande has developed a Storm Water Management � Plan, as required by the State Water Resources Cont�ol Board; and WHEREAS, it has been determined that the manner in which animals are kept, feeding of animals near water bodies and the proper disposal of pet waste are elements of the City's Storm Water Management Plan, and the City needs to adopt appropriate regulations relating to unsanitary conditions for animals, animal waste and water quality; and � WHEREAS, Section 6.12.060 of the Arroyo Grande Municipal Code currently prohibits keeping animals in premises in unsanitary conditions; and WHEREAS, amendment of Section 6.12.060 to include appropriate provisions relating to animals and water quality is necessary to address the issue in the City's Municipal Code to create legally enforceable provisions in conjunction with the City's Storm Water Management Plan. NO.W, THEREFORE BE IT ORDAINED by the City Council of the City of Arroyo Grande as follows: SECTION 1. Section 6.12.060 of the Arroyo Grande Municipal Code is hereby amended to read as follows: 6.12.060 Unsanitary conditions for animals, animal waste and water quality. � A. Unsanitary conditions. No person shall keep upon any premises any animals, poultry, or household pets in a foul, offensive, obnoxious, filthy or unsanitary condition. B. Property Maintenance. Where it is determined by the city or by the Central Coast Regional Water Quality Control Board that an area used by animals is affecting water quality, the city will require the property owner or authorized representative to implement measures, which may include installation of preclusionary devices, to eliminate the pollution and prevent the migration of waste components to the storm drain system. Installation of devices or implementation of ineasures may require permits from the city or other regulatory agency. Installation, maintenance and permitting of any such device or measure are the sole responsibility of the property owner. ORDINANCE NO. 642 PAGE 2 C. Feeding Near Water Bodies. No person shall feed feral animals, or deposit or leave any foodstuff of any kind or nature within one hundred feet of a lake or creek, except in a trash receptacle provided for that purpose. D. Domesticated Animal Waste. All persons owning, possessing, in control of, or otherwise responsible for an animal, must promptly collect, pick up and remove all fecal matter left by the animal on public or private lands. Animals in agricultural areas are not covered under this subsection if the area complies with subsection B of this section or is , covered under separate regulation. SECTION 2. If any section, subsection, subdivision, paragraph, sentence, or clause of this Ordinance or any part thereof is for any reason held to be unlawful, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, or clause thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, or clause be declared unconstitutional. � SECTION 3. A surrimary of this Ordinance shall be published in a newspaper published and circulated in the City of Arroyo Grande at least five (5) days prior to the City Council meeting at which the proposed Ordinance is to be adopted. A certified copy of the full text of the proposed Ordinance shall be posted in the office of the City Clerk. Within fifteen (15) days after adoption of the Ordinance, the summary with the names of those City Council Members voting for and against the Ordinance shall be published again, and the City Clerk shall post a certified copy of the full text of such adopted Ordinance. SECTION 4. This Ordinance shall take effect thirty (30) days after its adoption. ORDINANCE NO. 642 � PAGE 3 � On motion of Mayor Ferrara, seconded by Council Member Brown, and on the following � . roll call vote to wit: L AYES: Mayor Ferrara, Council Members Brown, Costello, Guthrie, and Ray NOES: None ABSENT: None � The foregoing Ordinance was adopted this 24�h day of January 2012. ORDINANCE NO: (Q�{� PAGE 4 � � � � � � � TONY FE MAYOR � ATTEST: . KELLY TM E, CITY CLERK . APPROVED AS TO CONTENT: .. 1 , STEV �N ADAMS, CITY MANAGER I APPROVED AS TO FORM: � � � � TIM THY J MEL, CITY ATTORNEY � OFFICIAL CERTIFICATION . I, KELLY WETMORE, City Clerk of the City of Arroyo Grande,. County of San . � Luis Obispo, State of California, do hereby certify under penalty of perjury, that the attached is a true, full, and correct copy of Ordinance No. 642 which was. introduced at a regular meeting of the City Council/Redevelop'ment Agency on January 10, 2012; was passed and adopted at a regular meeting of the City Council of the City of Arroyo Grande on the.24�' day of January 2012; and was duly published in accordance with State law (G�.C. 40806). WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 26�' _ day of January 2012. _ � � � _ i KEL W MORE, CITY CLERK .