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HomeMy WebLinkAboutOrd 564-1967ORDINANCE NO. ~64 AN ORDINANCE OF THE CITY OF SOUTH SAN FRANCISCO REGULATING THE KEEPING OF DOMESTIC AND WILD ANIMALS, BIRDS, FOWLS, AND REPTILES WITHIN SAID CITY; PROVIDING FOR THE IMPOUND- ING AND DISPOSITION OF THEM WHEN SEIZED WHILE AT LARGE WITHIN THE CITY. The City Council of the City of South San Francisco does ordain as follows: SECTION I. DEFINITIONS; SHORT TITLE A. Ci__~- The word "City" as used herein shall mean the City of South San Francisco. B. Animal - The word "animal" as used herein shall mean all animals, birds, fowls and reptiles, both domestic and wild. C. SHORT TITLE - This ordinance shall be known as the South San Francisco animal control ordinance. SECTION II. ESTABLISHING ANIMAL SHELTER; CONTRACTS FOR ANIMAL SHELTER SERVICE. Au animal shelter is hereby authorized and established for the City. The building, buildings or other structures constituting the shelter shall be located at such place, or places, within or without the City, as shall be designated from time to time by resolution of the City Coucil. The City Council may provide by contract or otherwise, for animal shelter service upon such terms and conditions and with such person, or public corporation, agency, or instrumentality as it shall determine in the best interest of the public. -1- The primary purpose of the animal shelter, hereinafter referred to as shelter, shall be for impounding stray animals and birds of all kinds, caring for them, and dis- posing of them~ when not claimed by their owners in accordance with this ordinance. SECTION III. ENFORCEMENT OFFICERS. City humane officers, police officers and those persons designated by resolution of the City Council or by contract with the City shall have the authority and duty ~ enforce the provisions of this ordinance. All of the above named persons shall hereinafter be referred to as enforcement officers. Ne person shall resist or interfere with any enforcement officer while discharging his official duties. SECTION IV. AUTHORITY TOENTER PREMISES. For the purpose of dischargin~ the duties imposed by this ordinance, enforcement officers are hereby authorized and directed to enter upon any enclosed or unenclosed property upon which any animal or bird is kept or found thereon in violation of the provisions of this ordinance, and to demand the exhibition, by the person owning or having charge or control of such animal, of the animal and of the license and tag for such animal, if said animal is required to be licensed by this ordinance; and said enforcement officers are further authorized and directed to enter upon any such property for the purpose -2- of inspecting the same to ascertain if any provision of this ordinance, or if any law of the State relating to the care, treatment or impounding of animals or for the prevention of cruelty thereto is being violated. Any a~im~l, bird, fowl~or-~eptile~thereou in violation of the provisions of this ordinance or of said laws of the State shall be taken up and impounded iu the shelter. SECTION V. CARE OF IMPOUNDED ANIMALS BY SHELTER MANAGER. The enforcement officer or officers iu charge of ~a~.~g the shelter shall hereinafter be referred to as shelter managers and shall cause to be provided,~or provide, sufficient food, water and shelter for all animals impounded. SECTION VI. REMOVAL OF DEAD ANIMALS. It shall be the duty of all enforcement officers, except police officers, to remove, or cause to be removed from any public property within the City any animal found dead thereon, the cost of removal to be paid by the owner or person having control thereof. SECTION VII. LICENSE FEE. An annual license fee of Three Dollars ($B.O0) shall be paid for every do~ over the age of three (3) months kept in the City. Said annual license fee shall be due the first day of January of each year, and any person who fails to pay such license fee within sixty (60) days after said fee is due, or after said dog is required to be licensed, shall pay a penalty of One Dollar ($1.00) in addition to the payment of the license fee herein required. A license shall be obtained but no license fee shall be payable for the licensing of any dog which is being used for guide purposes by a blind resident of said City, or for dogs which have served as a member of the armed forces of~ the United States of America during any period of actual hostilities. No license fee shall be charged for the licensing of any dog owned and used by public agencies for law enforcement purposes. Licenses herein provided for shall be signed by the City Tax Co~lector or his duly appointed deputy and issued in the same manner as other licenses. Fees collected for such licenses shall be paid into the general fund of the City, or as otherwise provided by any contract made pursuant to the provisions hereof. Such licenses shall be numbered consecutively. SECTION VIII. DOG TAGS. The Tax Collector is hereby required to procure plates or tags having thereon the number of the license and figures indicating the year for which the fee has been paid, and he shall keep a record of the name of the owner or possessor and a description of the dog for which the license is issued and the number of the license, and he shall deliver such tag to the person paying for such license. Every licensed and registered dog shall wear such license tag as provided by Section X of this Ordinance. SECTION IX. DUPLICATE TAGS. Whenever a tag, issued for the then current year by the City, has been stolen or lost, the owner or possessor o£ the dog for which the same was issued, may, upon the payment of fifty cents (50¢) to said City, and on making and subscribing to au affidavit of such loss~and~Lfi!~n~.~L'.~he same with the Tax Collector of said City, receive a duplicate tag from the Tax Collector for the remaining portion of the then current year. SECTION X. METALLIC PLATE. No owner or person having custody or control of any dog shall suffer or permit the same to be within the limits of the City for more~ than thirty (30) days unless such dog has around its neck or leg a suitable collar, having attached thereto such a metallic plate or tag with such inscriptions thereon as are required by this ordinance, nor unless a license fee for the then current year has been paid as herein provided. SECTION XI. ANIMALS TO BE IMPOUNDED. Every animal kept or found iu violation of the provisions of this ordinance, and every dog not wearing such license tag as is herein provided, found or.being within the limits of the City, shall be taken up and impounded by the enforce- meut officer; said animal may be redeemed by the owner or person entitled to its possession within ninety-six (96) -5- hours thereafter, on payment to the Ci~y of such fees and charges as are herein provided; but if not so redeemed such animal may be destroyed by the shelter manager, subject to SectlonXV, and provided that the shelter manager is authorized to keep valuable or desirable animals and sell them as hereinafter provided and the receipt for the sale thereof signed by the shelter manager shall be a valid title to the purchaser, subject, however, to the right of redemption provided for in Section XVII hereof. SECTION XII. NOTICE TO OWNERS OF ANIMALS IMPOUNDED. ~ The shelter manager shall, within twenty-four (24) hours after the impounding of any animal(s) cause to be mailed to the place of business or residence of the owner or keeper of said animal(s), if known to said shelter manager, a written notice that said animal(s) have been impounded and the date of impounding. If the owner or keeper of said animal(s) is not known to the shelter manager, the shelter manager shall, within said period of twenty-four (24) hours, cause to be posted a like notice on the bulletin board of the City Hall, said notice to be kept posted for at least ninety-six (96) hours after the date of impounding. SECTION XIII. REDEMPTION. ~ The owner or person entitled to the control or custody of any animal impounded may, at any time before the sale or other disposition thereof, redeem the same by paying to the City, or as otherwise provided by any contract made pursuant -6- to Section II, hereof, all proper fees and charges thereon made by virtue of any of the provisions of this ordinance. Whenever such animal is redeemed, the person redeeming shall give to the shelter manager duplicate receipts for the same. The shelter manager shall give to any person redeeming such animal a receipt for the redemption money. SECTION XIV. LICENSE FEE TO BE PAID UPON REDEMPTION. If a license fee has not been paid for the then current year for any impounded dog, the party redeeming must, before redemption, pay such license fee; provided, that in case of loss of ta~, a duplicate of the same may be obtained from the shelter manager or City Tax Collector as provided iu Section IX of this ordinance, and ou presenting said duplicate tag, the owner of such impounded dog shall be entitled to the possession ofi~ the same on payment to the shelter manager of the fees prescribed herein. SECTION XV. ANIMALS TO BE ADVERTISED. All animals, except dogs or cats, having commercial market value, as determined by the shelter manager, of at least $25, taken into the custody of the shelter manager, if not claimed within ninety-six (96) hours thereafter, shall be advertised for sale by postiu~ a notice upon the front of the animal shelter where said animals are kept and also a like notice on the bulletin board at the City Hall. Said notices shall describe the animals impounded~and give the time and place of sale and shall be kept posted for at -7- least one hundred and forty-four (144) hours. Animals, of lesser value may be sold by the shelter manager following ~h~ aforegolug notice procedure. SECTION XVI. SALE OF IMPOUNDED ANIMALS. At the time !~specified in and after said advertisement, as provided iu the preceding section, or after any post- pouement thereof, the shelter manager shall sell for cash at public auction to the highest bidder all~ animals so advertised, and out of the proceeds of the sale thereof shall pay its proper fees and charges and all reasonable and proper demands made under the provisions of Section XIX of this ordinance; provided, that no animal (s) shall be sold, loaned or given to any person, firm, group, society or corporation to be used for experimental purposes. Notwithstanding any provisions in this ordinance to the contrary, the Agricultural Code, Division B, Chapter 5, shall be complied with with reference to estray animals. If such sale is not made by the shelter manager at the time stated in his posted notice, the sate may be postponed from day to day until the animals offered are sold. SECTION XVII. REDEMPTION AFTER SALE. The owner or keeper of any animal at the time it is so impounded may at any time ~it~tn~:~hirt~30~) days after such sale, redeem the same from such purchaser by paying to him the amount of the purchase price paid by him to the -8- shelter manager, and in addition thereto a sum equal to the per diem rate provided for iu Section XIX hereof for each day from the date of sale to and iucludiu~ the date of such redemption. SECTIONXVIII. PROCEEDS OF SALE. ~ Any balance from the proceeds of a sale of any animal remainin~ after the payment of such fees, char~es and demands shall be held for the use of the owner of such animal; provided that if said balance is not claimed within thirty (30) days thereafter, the same shall be turned into the general funds of the City, or as other- wise provided by any contract made pursuant to the pro- visions hereof. SECTION XIX. FEES. The fees for animal shelter services in impounding and carin~ for animals shall be set by resolution of the City Council and no animal shall be released to its owner or keeper before such fees are paid~iu full. Within fifteen (15) days after the adoption of the resolution, the City Clerk shall cause said resolution to be published once iua newspaper of ~eueral circulation, published and circulated in the City of South San Francisco. -9- SECTION XX. SHELTER MANAGER TO KEEP RECORD. The shelter manager shall keep a record of the number of all animals impounded, showing in detail in the case of each animal the description, date of receipt, the date and manner of disposal, the name of the person redeeming or purchasing, and the fees and charges and proceeds of sales received on account thereof, and such additional records as may be required. SECTION XXI. REPORT. The shelter manager shall submit a true and correct report to the City Council on or before the fifteenth day of each month, showin~ the number of animals handled during the preceding month by the shelter and the number contributed by or from the City, to~ether with the manner of receipt and the disposition of all animals and the amount of any and all monies collected or received by the shelter manager in connection with said animals. Such report shall also show -10- the City's prorated share of the net operating expense for the preceding month and the net credit or debit balances in connection therewith. Within fifteen (15) days after the end of each fiscal year au;:~ annual report shall be submitted to the City. SECTION XXII. ABUSE OR NEGLECT OF ANIMALS; ANIMALS AS NOVELTIES. A. It shall be unlawful for any person to abuse, misuse, beat, torture, or maltreat au2 animal, or for the owner or person having custody of au2 animal to deprive such animal of proper food, water, care and attention. B. It shall be unlawful for any person to sell, offer for sale, barter, or give away, any rabbits, baby chicks, ducklings or other fowl, fish, turtle, snake, lizard, chameleon, or other reptile, bird, cat, doE, guiuea~ PiE, rodent or other animal, as novelties, whether or not dyed, colored, or otherwise artificially treated. This subsection shall not be construed to prohibit the display, or sale of the aforesaid animals, fish, reptiles or birds in proper facilities by dealers, hatcheries or stores engaged in the business of selling the same to be raised for food purposes, nor to prohibit the display or sale of such animals or birds iu licensed pet shops, kennels, aviaries or fish hatcheries,if not artificially treated. SECTION XXIII. ANIMALS AT LARGE. A. It shall be unlawful for au2 owner or keeper of any animal: 1. To allow or permit such animal to ruu at large outside said owuer's oF keeper's premises. The owuer or keeper of said auimal shall provide au adequate enclosure, cage, fence or tether to preveut said animal from runuiug at large and said area where the auimal (s) are kept shall, at all times be maiutained iua cleau aud sauitary coudition aud shall at all times be kept free from offensive od6rs by daily disposal of said animal's droppiu~s. Iu additiou, uo person shall keep au animal which is vicious, dangerous, or which outwardly displays vicious tendencies toward persous or other animals, uuless said animal is kept in au enclosure which preveuts said auimal from bein~ visually observed by passersby and which also preveuts said animal from observin~ passersby; 2. To allow or permit a do~ to be upon a publiC street, sidewalk, or iu auy public place, except wheu held uuder leash by au~able-bodied persou; 3. To allow or permit auy ~reyhou~d, wolfhound or other do~ of predatory uature to be upon a public street, sidewalk, or iu auy public place, except when muzzled aud held uuder leash by au able-bodied persou~ .~ B, Auy auimal which is dau~erous or habitually makes uoise to the disturbauce of auy considerable uumber of persous, aud auy female do~ iu heat, aud auy auimal ruuuin~ at large without beiug leashed or muzzled, as the case may be, and auy auimal for which uo liceuse is in force, where a liceuse for such auimal is required, is hereby declared a public nuisauce, and the enforcemeut officer is hereby directed to abate all such nuisances as soou as discovered, by impouudiug such auimal, aud iu the case of a dau~erous auimal, aud iu the case of a female dog iu heat, the enforcemeut officer may shoot such auimal if~it cauuot be impouuded. For the purpose of this sectiou, a daugerous auimal is defiued as oue haviug the propeusity to bite humau beiugs aud it shall be prima facie evideuce that au auimal is dau~erous wheu it has bitteu a human being. SECTION XXIV. PRIVATE TRESPASS. It shall be uulawful for the owuer, or person haviug control or custody of any auimal, to permit said auimal to trespass upon auy private property without the express conseut of the owuer thereof. The owuer or keeper of said auimal shall be respousible for physical damage doue by said auimal. SECTION XXV. ANIMALS PROHIBITED IN FOOD ESTABLISHMENTS. It shall be uulawful for any persou to permit or allow auy animal to euter any place of busiuess whereiu food or meats or vegetables of auy kiud are kept for sale or sold for humau cousumptiou. SECTIONXXVI. DISEASED OR VICIOUS ANIMALS. A. Whenever any enforcement officer shall have reason- able cause to believe that any animal is diseased or vicious or dangerous to any person or other animal, or has bitten any person or animal, said officer is hereby authorized to take custody of such animal and impound the same iua safe place Nor such period of time as is required iu order to observe, examine and determine whether or not such animal is diseased or vicious or dangerous or constitutes a menace to the public health or safety. B. It shall be the duty of the City Health Officer, or his authorized agent, to observe and examine any such animal and determine whether the same is diseased or vicious or dangerous, or does constitute a menace to public health or safety, and if said Health Officer or agent so determines, it.shall be unlawful for any person to continue to maintain such animal; the Health Officer or agent shall direct an enforcement officer to dispose of said animal or to file a complaint against the owner or keeper of said animal for violation of this provision; au enforcement officer shall carry out the directions of the Health Officer iu that regard; otherwise said animal shall be returned to the owner or person entitled to its possession. C. It is hereby made the duty of any person having knowledge that any dog or other animal has bitten any human being within the City to immediately report that fact to the Health Officer, au enforcement officer or to the Chief of Police with full information iu reEard tot the incident. SECTION XXVII. RABIES REPORT. 'In the event that au enforcement officer or other person secures information of the existence of any case of rabies or any other animal disease dangerous to human beings iu the City, he shall immediately report the same to the Health Officer, or to the Chief of Police. SECTIONXXVIII. EPIDEMICS. The Health Officer may determine and declare that a rabies epidemic or other dangerous health situation exists among dogs or other animals in the City, or in any part thereof. Upon the makiu~ of such a declaration the Health Officer shall prepare and promulgate, with the approval of the City Council, such rules and regulations as are necessary for the conduct of all persons within the area where the dangerous condition exists, and such rules~ and regulations as are necessary for the control of the animals within said area. These rules and regulations of the Health Officer may include, but are not limited to, quarantine, vaccination and destruction of diseased or suspected or stray animals by humane methods. It shall be the duty of all enforcement officers to comply with all directions of the Health Officer -15- in the enforcement of such rules~and regulations. A violation of any such rules and regulations shall be deemed a violation of this ordinance. SECTIONXXIX. KEEPING OF CERTAIN ANIMALS UNLAWFUL; PERMIT REQUIRED. No person, firm, or corporation shall keep or allow to be kept ou his or its premises within the City any live chickens, geese, ducks, turkeys, pigeons, doves, squabs, peacocks, phesauts, or similar fowl, nor any hares, rabbits, monkeys, cows, cattle, steer, horses, goats, sheep or similar animals, nor any lions, snakes or ~other animals which are normally wild and only uniquely a pet, except as herein otherwise provided. SECTIONXXX. PERMIT REQUIRED. A. Every person, firm or corporation keeping any of the animals or birds enumerated iu the preceding section shall first make application to the City Clerk for and be issued a permit by the City. All applications for such permits shall be in writing and shall give the following information: 1. Name of applicant 2. Address of applicant B. Number and kinds of animals or birds kept or proposed to be kept by applicant and the location of their keeping. B. Immediately upon receipt of any such application, -16- the City Clerk shall notify the Health Officer, who shall iuspect the premises and submit his fiudiugs to the City Clerk withiu fifteeu (15) days after beiug notified to inspect~ If the Health Officer fiuds that the~ premises where said auimals or birds are proposed to be kept is maiutaiued iua cleau aud sauitary condition and they cou- form to the other requiremeuts of this ordiuauce, the City Clerk shall issue a permit for the keepiug of said auimals aud birds. Such permit shall be reuewed anuually. C. If the Health Officer fiuds that the premises inspected does uot meet the requiremeuts of this ordinauce, or that the keeping of the auimals and birds listed ou the application would constitute a public uuisance, or if said animals or birds would Jeopardize the health of persons or expose.persous or other auimals to bodily iuJury if the auimals or birds listed ou the applicatiou were to escape their euclosure and rum or fly at large, the City Clerk shall not issue a permit. D. The Health Officer's determiuatiou, recommeudiug that the permit be deuied, shall be subject to au appeal to the City Council. Notice of such appeal shall be filed with the City Clerk within ten (10) days after the deuial of said permit. Upon failure to file such uotice withiu the ten (10) day period the determiuatiou of the Health Officer shall be final and conclusive. -l?- E. A unique pet shall be defined, for the purpose of this ordinance, as any bird, fowl, reptile or animal which normally livem~? iua wild habitat and is a cuwiosity to the local community when kept iu captivity iu said community, whether wild or domestic at the time of its keeping. The Health Officer shall make the initial determination as to the uniqueness of said birds, fowls, reptiles or animals, with the advise of the Humane Officer. Said determination shall be subject to appeal to the City Council. Notice of such appeal shall be filed with the City Clerk within ten (10) days after the Health Officer's initial determination. SECTION XXXI. ENCLOSURE REQUIRED; ANIMALS NOT PERMITTED AT~.~ LARGE. A. No person shall allow or permit any animal, hereiuabove mentioned in Section XXIX to run, crawl or fly at large. Said animals shall be confined to au escape proof enclosure, cage, house, coop with runway or aviary. When not so confined said animals sha~l be kept under direct physical control by their owner or keeper by means of a leash, tether, or bridle, and they shall not be allowed or permitted by said owner or keeper to constitute a public nuisance by interfering with the comfortable enjoyment of life or property by any considerable number of persons. B. Said enclosures, houses, coops with runways and aviaries shall at all times be maintained iua clean and -18- sanitary condition by said owner or keeper, shall be cleaned once a week, or oftener if necessary, and shall at all times be kept free from offensive odors. C. No part of any such enclosure, cage, house, coop, runway, or aviary shall be less than forty (40) feet from any street, nor less than ten (10) feet from the side lines of any adjacent lot, and no such enclosure, cage, house, coop, runway or aviary shall be less than forty (40) feet from any dwelling or place of business unless such dwelling or place of business is occupied by the person,company, or corporation owning or rentiu~ the property upon which the same is situated and maintaining the animals herein- above mentioned, except as provided-in the followin~ section where the space and distance requirements are greater. SECTIONY~XII. REQUISITES FOR KEEPING HORSES, MULES, JACKASSES, BURROS, COWS, CATTLE, GOATS, AND SHEEP. Any horse, mule, jackass, burro, cow, cattle, goat or sheep within the City, when not in use, must be kept inside an enclosure at night. No person shall stake or tie, or leave staked or tied, or allow within one hundred (100) feet of any inhabited residence, such animal without the written consent of the occupant of said residence. All enclosures, barns, and sheds in which there is kept any such animal shall be maintained iua sanitary condition at all times and shall comply with the sanitary rules and regulations of the Health -19- Department of said City. Iu that regard, all manure shall be removed daily. Iu the case of horses, Jackasses, mules, burros, cows, and cattle uo such animal shall be stabled, staked, tied, or otherwise kept or maintained on any parcel of property within City except under the following conditions: 1. The minimum lot area shall be one (1) acre or forty-three thousand five hundred sixty (43,560) square feet. A maximum of two (2) of said animals may be kept on any one such lot; The minimum distance of any stable buildin~ from any nei~hboriu~ property line shall be fifty (50) feet and from any neighboring house shall be one hundred fifty (150) feet; 3. The minimum distance of any stable buildiu~ from any occupied residence in the same lot as such stable is situated shall be fifty (50) feet; 4. The minimum distance of any animal corral from the ueighboriu~ property line shall be thirty-five (35) feet. 5. The minimum property area per animal requirement shall not apply to duly licenced kennels nor manufacturers who use animals iu the manufacture of their products. SECTION XXXIII. CERTAIN ANIMALS PROHIBITED; KEEPING ANIMALS CONSTITUTING PUBLIC NUISANCE. .A. Animals Prohibited: No person shall keep or allow to be kept within the City any stallion, swine, bull, ram, or billy ~oat. -20- B. Public Nuisance Prohibited: No person shall keep, maintain, permit or allow au animal or number of animals upon his or her property or premises when said animal(s) .c~.ns~ute a public nuisance as defined by state law and uo person occupying or leasing the property or premises of another shall keep, maintain, permit or allow au animal or number of animals upon said property or premises when they constitute a public nuisance. C. Evidence of Public Nuisance: Iu the event animal(s) are kept so as to constitute a public nuisance the City Health Officer in the case of a health nuisance, and an enforcement officer iu case of any other type of nuisance shall gather competent evidence to show that a public nuisance exists. Competent evidence shall include but not be limited to: 1. Witnesses 2. Affidavits; and 3. Photographs D. Keepin~ Certain Animals or Number of Animals May Be Declared a Public Nuisance: The health officer or enforcement officer, as the case may be, shall present the above evidence to the City Council at a regular or special meeting and said Council, after presentation of the evidence, may declare the keepiuE of said animal or animals a public nuisance, by resolution, and order it abated by impounding said animal(s), pursuant to this ordinance, and any permit issued by the City for their keeping shall automatically be revoked and become null and void. Said evidence shall be filed with the City Clerk at the time of its presentation. If a person is proceeded against, pursuant to this section, for a second time and as a result the animals that he or she owns are impounded, they may be destroyed at the d~scretion of the shelter manager without right of redemption by said owner. E. Resolution - Contents: The resolution declaring a public nuisance shall: 1. Refer to its location by its cormnouly known street name and number. 2. Describe the facts which constitute the public nuisance. F. Notices - Manner of Posting: After passage of the resolution the health officer or enforcement officer, as the case may be, shall cause notices to be conspicuously posted ou or iu front of the property upon which the nuisance exists. G. Notices - Heading: The Heading of the notices shall be "NOTICE TO ABATE NUISANCE" iu letters not less than cue inch (l") in height. H. Form of Notice: The notice shall be substantially iu the following form: 19 Notice is hereby given that on the day of · the City Council of the City of South San Francisco -22- passed a resolution declarin~ that animals kept upon this premises, (Street Number) (Name) iu South San Francisco, constitutes a public nuisance which must be abated by the removal of said animals. Otherwise, the City will remove, impound, and subject them to destruction pursuant to the South San Francisco Animal Control Ordinance. Reference is hereby made to the resolution for further particulars. 'A~copy of said resolution is ou file in the office of the City Clerk. All persons objecting to the proposed removal, impounding, and destruction of said animals are hereby notified to attend a meeting of the City Council of the City of South San Francisco to be held ou the day of , 19 , at the Council Chambers iu the City Hall, Grand Avenue iu the City of South San Francisco, at the hour of o'clock p.m., or as soon thereafter as he may be heard, and show cause, if any he has, why said animals should not be removed, impounded and destroyed. Dated this day of , 19 City of South San Francisco I. Notices - Time of Posting: The notices ~hall be~ posted at least five (5) days prior to the time for hearing objections by the City Council. J. Notices - Mailing of Notices by City Clerk: As au alternative to posting notice of the resolution and notice of the meeting when objections will be heard, the City Council may direct the City Clerk to mail written notice of the proposed abatement to the occupants of the premises upon which the public nuisance exists. Said notice shall be mailed at least five (5) days prior to the time for hearing objections by the City Council and shall be substantially in the form provided iu (H) above, except that it shall be signed by the City Clerk and the heading need not comply with (G) above. K. Hearin~ of Objections - Continuances: At the time stated in the notices, the City Council shall hear and consider all objections to the proposed removal, impounding and destruction of the animals constituting the public nuisance. It may continue the hearing from time to time. L. Order to Abate Nuisance - Form of Order: If objections have not been made or after the City Council has disposed of those made, it may order au enforcement officer to abate the nuisance by having the animals, removed, and impounded, and destroyed iua proper case pursuant (D) above. The order shall be made by motion or resolution. M. Entry Upon Private Propert~ to Abate Nuisance: The enforcement officer may enter upon private property to abate the nuisance with all necessary men and equipment and no person shall interfere with said enforcement officer iu the performance of his official duties. SECTION XXXIV. PENALTIES. Any person, firm or other entity violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon a conviction thereof shall be pun- ished by a fine of not more than Five-Hundred ($500.) Dollars or by imprisonment for a period of not more than six (6) months, or by both such fine and imprisonment. SECTION XXXV. CONFLICTING ORDINANCES REPEALED. The following City ordinances are hereby repealed: 1. 0rdiuauce No. 25?, entitled "AN ORDINANCE IMPOSING A LICENSE TAX ON DOGS OWNED OR HARBORED WITHIN THE CITY OF SOUTH SAN FRANCISCO, PROHIBITING THE RUNNING AT LARGE OF ANIMALS WITHIN THE LIMITS OF SAID CITY AND PROVIDING FOR THE IMPOUNDING AND SALE OF ANIMALS FOUND RUNNING AT LARGE IN SAID CITY"; 2. Ordinance No. 343, entitled "AN ORDINANCE OF THE CITY OF SOUTH SAN FRANCISCO REGULATING THE KEEPING OF CERTAIN BIRDS, FOWL, AND ANIMALS WITHIN THE CONFINES OF SAID CITY"; and 3. Ordinance No. 349, entitled "AN ORDINANCE OF THE CITY OF SOUTH SAN FRANCISCO AMENDING ORDINANCE NO. 343, entitled 'AN ORDINANCE OF THE CITY OF SOUTH SAN FRANCISCO REGULATING THE KEEPING OF CERTAIN BIRDS, FOWL, AND ANIMALS WITHIN THE CONFINES OF SAID CITY' ." SECTION XXXVI. If any section, sub-section, sentence, clause, or phrase of this ordinance is for any -25- reason held to be inapplicable, unconstitutional, or otherwise invalid, such decision shall not affect the validity of the remaining portion thereof. The City Council of the City of South San Francisco hereby declares that it would have passed this ordinance, and each section, sub-section, sen- fence, clause and phrase thereof, irrespective of the fact that any one or more other sections, sub-sections, sentences, clauses, or phrases be declared inapplicable, unconstitutional or otherwise invalid. SECTION XXXVII. PUBLICATION AND EFFECTIVE DATE. This 0rdiuauce shall be published once in the "Enterprise-Journal", a newspaper of general circulation in the City of South San Francisco, as required by law, and shall become effective thirty (BO) days from and after its adoption. 19 San Francisco at a Introduced this Srd day of July , 67 . Passed and adopted as au 0rdinauce of the City of South regular meet lug -26- of the City Council of the City of South San Francisco this l?th day of July , 19 67 , by the following vote: AYES, COUNCILMEN NOES, " ABSENT, " Patrick E. Ahern, Frank J. Bertucelli, Emilio Cortesi, Andrew Rocca and Guido J. Rozzt None None As Mayor of the City of South San Francisco, I do hereby approve the foregoing Ordinance this 17th day of July ~9 67 ·