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HomeMy WebLinkAbout1754 \'0 Ir ORDINANCE NO. 1754 EFFECTIVE. Il- 5 - <{52. AN ORDINANCE OF THE CITY OF ARCADIA AMENDING THE ARCADIA MUNICIPAL CODE BY ADDING TO CHAPTER 1 OF ARTICLE IV A NEW PART 4 REGULATING THE NUMBER OF CATS THAT MAY BE KEPT IN THE CITY OF ARCADIA The City Council of the City of Arcadia does hereby ordain as follows: by SECTION 1. That the Arcadia Municipal adding to Chapter l, Article IV thereof, as follows: "ARTICLE IV. Code is hereby amended a new Part 4 to read PUBLIC WELFARE, MORALS AND POLICY CHAPTER 1. PART 4 DIVISION 1. ANIMALS CATS Defini tions 4141. DEFINITIONS. Whenever in this Part the following terms are used they shall have the meaning ascribed to them in the following subsections unless it is apparent from the context thereof that some other meaning is intended. 4141.1. SAME. CAT. As used in this Chapter 1 "cat" shall mean the commonly known domestic house cat of any age, including female as well as male. 4l4l.2. S~. KENNEL. Any lot, building, structure, enclosure, or premises whereupon or wherein four (4l.or more cats are kept or maintained for any purpose, including places where cats are boarded, kept for sale, or kept for hire. ARTICLE IV. PUBLIC WELFARE, MORALS AND POLICY CHAPTER l. ANI~~LS PART 4. CATS DIVISION 2. KEEPING, TREATING AND BREADING 4l42. LOCATION RESTRICTED. No person shall house, maintain or keep more than three (3l cats over the age of four (4) months in any place in the City within two hundred fifty (250l feet of any dwelling in use or occupied by human beings other than a dwelling in use or occupied by the owner of such cats. -1- 1754 4142.1. PERMIT REQUIRED. No person shall carryon the business of housing, maintaining or keeping cats for breeding purposes or for the purpose of medical treatment of cats, or caring for cats for hire, without first obtaining a:)permit from the Council, pursuant to Article VI of Chapter 2 of this Code, to keep or maintain a ken- nel. The Council shall have the right to grant or refuse such permit in its discretion, provided that if the Council shall grant such permit the Council may prescribe such conditions as it may deem necessary or advisable to prevent such business becoming a nuisance. 4l42.2. KENNEL PERMIT. No person shall house, maintain or keep four (4l or more cats over the age of four (4l months each, at anyone place or in any premises in the City, in the charge or control of any person and over two hundred fifty (250l feet from any dwelling in use or occupied by human beings, other than a dwelling in use or occupied by the owner of such cats, without first obtaining a permit from the Council, pursuant to Article VI of Chapter 2 of this Code, to keep or maintain a';kennel. The Council may grant or refuse such permit, in its discretion, provided that if such permit is granted, the Council may prescribe such conditions as it may deem advisable or necessary to prevent the keeping of such cats becoming a nuisance. -2- 1754 , SECTION 2. No person shall violate any provision, or fail to comply with any of the requirements of this ordinance. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this ordinance shall be guilty of a misdemeanor. Any person convicted of a misdemeanor under any provision of this ordinance shall be punishable by a fine of not more than Five Hundred Dollars, or by imprisonment in the City Jailor County Jail for a period not exceeding six months, or by both such fine and imprisonment. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any pro- vision of the ordinance is committed, continued, or permitted by such person and shall be punishable accordingly. SECTION 3. In addition to the penalties provided in the preceding section, any condition caused or permitted to exist in violation of any of the provisions of this ordinance shall be deemed a public nuisance and may be, by the City, summarily abated as such, and each day such condition continues shall be regarded as a new and separate offense. SECTION 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Arcadia hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that anyone or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional. SECTION 5. Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provisions applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect. SECTION ~ The Clerk of the Council shall certify to the passage and adoption of this ordinance and shall cause the same to be published in the official newspaper of the City of Arcadia within fifteen (15l days after its adoption. PASSED AND ADOPTED BY THE CITY COUNCIL of the City of Arcadia at its regular meet- ing held on the 5th day of October, 1982. ATTEST: t?P/~~/J~~ City Clerk of the City of Arcadia , I HEREBY CERTIFY that the foregoing ordinance was adopted at a regular meeting of the City Council of the City of Arcadia, California, held on the 5th day of October 1982, by the affirmative vote of at least three Councilmen, to wit: :~:;: ~~~~'i1m"n D'ing, Haltom, ;:;::i~.ll .::20 ~ '. . I ABSENT: Councilman Hannah ~.!FlA 4'~ City Clerk - -3- 1754