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HomeMy WebLinkAboutOrdinance 2079 N.C.S. 11/02/1998 ~i f. 1 DEC -219 8` 2 3 4 ORDINANCE NO. X079 N.C.S. - 5 6 7 8 Introduced by Seconded by - 9 10 11 Matt Maguire Marv Stompe • 12 13 - 14 15 AN ORDINANCE OF THE COUNCIL OF THE CITY OF PETALCIMA 16 AMENDING CHAPTER~9:08'OF THE PETALUMA MUNICIPAL 17 CODE RELATING TO•ANIMAL OWNERSHIP AND I{EEPING 18 . 19 20 BE IT ORDAINED BY TI-1'EE COUNCIL OF THE CITY OF PETALUIVIA AS 21 FOLLOWS: 22 23 Section 1. Section 9.08.120(F) of Chapter 9.08 of the Petaluma Municipal Code is 24 hereby amended to read as follows: 25 26 9.08.120(F) Animals at large. - 27 F. No person owning or otherwise having a cat over four months of age in 28 his/her care, charge, control, custody or possession shall cause, permit or' 29 allow such cat to be unconfined in or upon any public street, road, alley or 30 other public or private place, including the exterior yards of the animal 31 owner's property, unless such cat is spayed and neutered. An animal services 32 officer may seize and/or impound every cat found in violation of this section 33 and .shall require owners of the cat to either spay or neuter the cat or to 34 produce a certificate of sterilization signed and dated by a veterinarian which 35 lists the veterinarian's name, clinic's name, address, telephone, license 36 number, pet name, age, breed and adequate description of the cat. When a 37 person is cited or an animal impounded under this section, the owner of the Lz 1 Ord 2079 NCS Page 1 of 3 L s` 1 cat, if known, shall be notified in writing and given seven (7) calendar days 2 to request a hearing to determine if such sterilization should be held i~1 3 abeyance. (Ord. 2045 NCS ~l, 1997: Ord. 1955 NCS ~1 (part), 1994: Ord. 4 1616 NCS §1, 3 (part), 1985.) 5 f±: Yi 6 Section 2. Section 9.08.120(G) of Chapter 9.08 of the Petaluma Municipal Code is 7 hereby added and shall read as follows: y% 8 9 9.08.120(G) Recidivism. ~~i: . 10 Any unsterilized dog over six (6) months of age which is impounded a second 11 time for being "at large" in violation. of the requirements of section 9.08.120 shall 12 be spayed or neutered at the owner's expense within 14 days of redemption. 13 Written verification from the veterinarian performing the surgery shall be provided - 14 by the owner to the shelter manager within 7 days of surgery. t_~: 15 16 Section 3. Section 9.08.190 of Chapter 9.08 of the Petaluma Municipal Code is hereby L 17 added and shall read as follows: 18 19 9.08.190 Selling or giving away of animals is prohibited. 20 No person shall publicly sell, offer for sale, barter, give away or display for y!,` 21 sale any animal within the city limits, except as follows: This section shall not be 22 construed to prohibit the sale/adoption or display of any dog, cat or any other- z 23 animal by pet stores engaged in the business of selling them; nor shall this section 24 be construed to prohibit the sale or gift of a pet, or its offspring, by its master, or 25 by the family or individual owning the same as a family pet, from or on private 26 agricultural or residential property; nor shall this section prohibit such display or 27 sale from or on the premises of an animal shelter or other animal organization. 28 29 Section 4. If any section, subsection, sentence, clause or phrase or word of this ordinance 30 is for any reason held to be unconstitutional by a court of competent jurisdiction, such decision - 31 shall not affect the validity of the remaining portions of this ordinance. The City Council of the Ord. 2079 NCS Page 2 of 3 ' 2 ~i 1 City of Petaluma hereby declares that it would have passed and adopted this ordinance and each N 2 and all provisions thereof irrespective of the fact that any one or more of said provisions be - 3 declared unconstitutional. k 4 ~~3 5 Section 5. The City Clerk is hereby directed to post this ordinance for the period and in 6 the manner required by the City Charter. - 7 5 8 INTRODUCED and ordered posted/pud~i this 19th day of October , 1998. 9 10 ADOPTED this 2nd day of November , 1998 by the following vote: F 1 1 ;iii i~i - 12 AYES: Torliatt, Read, Vice Mayor Maguire, Mayor Hilligoss ,y ' 13 NOES: .None 14 ABSENT: Keller, Hamilton, Stompe 15 18 Vice ayo~rfil~~uire 19 20 21 ATTEST: APPROVED AS TO FORM:: 22 24 25 City Clerk City Attorney 26 27 28 29 _ _ 30 31 32 33 34 35 3 6 ord ~,r . 3 7 1 oi~i9g i" Ord. 2079 NCS Page 3 of 3 r•:,