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RESOLUTION NO. 3899
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ARCADIA, CALIFORNIA,
DETERMINING THAT THE KEEPING OF HOMING
PIGEONS AT 2057 HIGHLAND OAKS DRIVE IN
SAID CITY IN THE MANNER, LOCATiON AND
QUANTITY COMPLAINED OF DOES NOT CON-
STITUTE A NUISANCE.
THE CITY COUNCIL OF THE CITY OF ARCADIA DOES DETERMINE
AND RESOLVE AS FOLLOWS:
SECTION 1. That on July 14, 1966, pursuant to Section
4139.2 of the Arcadia Municipal Code, complaint was made to the City
Manager by three persons that birds were being kept in such a loca-
tion, in such quantities and in such a manner as to unreasonably
disrupt or disturb the peace and quiet of such persons and to inter-
fere with the reasonable use of their property and the enjoyment
of life by them, and unreasonably to cause detriment to their pro-
perty and impairment of the value thereof, and to cause unreasonable
disturbance and annoyance to them. That pursuant to Section 4139.2
of the Arcadia Municipal Code, the City Manager thereupon caused
to be made an investigation of the aforesaid complaint. That from
such investigation the City Manager determined that the keeping of
birds at 2057 Highland Oaks Drive in the City of Arcadia in the
location, manner and quantity complained of unreasonably caused
offense to the persons making complaint as aforesaid. That the
City Manager did thereupon notify Roger Sands, the person owning,
maintaining and in charge of said birds, that in the opinion of the
City Manager such keeping and maintaining of birds constitutes a
nuisance and advised the said Roger Sands as to the manner and
location wherein said birds may be kept without constituting a
nuisance, to wit:
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a. Complete removal of the pigeons from the premises
within ten d~ys; or
b. removal of the cage to a different specified loca-
tion, followed by a three month trial period to determine whether
the nuisance was thus abated.
That for a period of ten (10) days after receipt of said
notice said Roger Sands failed and refused to comply with any por-
tion of said notice or advice from the City Manager, but instead
filed an appeal from said notice and advice of the City Manager.
SECTION 2. That upon the expiration of ten (10) days
after receipt by Roger Sands of said notice and advice from the
City Manager, the City Manager caused the written complaint upon
which such investigation was made, together with a complete resume
of the investigation made and the results thereof, together with a
copy of the Manager's notice and recommendations, as well as the
aforesaid appeal therefrom, to be presented to the City Council at
its regularly scheduled meeting held September 6, 1966. That at
said meeting said City Council determined it to be in the public
interest and fixed September 20, 1966, at 8:00 o'clock p.m. in the
Council Chamber of the Arcadia City Hall, 240 West Huntington Drive,
Arcadia, California, as the time, date and place for a public hear-
ing to be held on the matter of such complaint, investigation,
report and recommendation, and the appeal therefrom. That notice
of the date, time, place and purpose of such hearing was given by
registered mail to all complainants and to said Roger Sands, the
person owning, maintaining and in charge of the birds with respect
to which complaint was thus made. That a copy of such notice was
personally served upon the said Roger Sands. That the service of
such notice was completed at least ten (10) days prior to the time
thus fixed for such public hearing.
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That at the hearing thus fixed and noticed the City Coun-
cil received and considered the complete report and recommendations
of the City Manager, and all relevant testimony concerning the
keeping or maintaining of the birds complained of.
SECTION 3. That only one of the complainants testified
in support of the complaint theretofore filed and only one other
person testified in support of said complainant and said other per-
son neither resided nor owned property in the immediate vicinity of
the property with respect to which complaint was made. That the
owners and tenants of three lots immediately adjacent to the pro-
perty concerning which complaint was made testified that the keeping
of the birds complained of at said location was not objectionable,
on the contrary many testified that they were in fact pleasurable.
That ,from the evidence presented at said hearing, this City Council
does hereby determine that the keeping of the birds by Roger Sands
at 2057 Highland Oaks Drive in the City of Arcadia, California, in
the manner, location and quantity complained of does not constitute
a nuisance within the meaning of Division 9 of Part 3 of Chapter 1
of Article IV of the Arcadia Municipal Code.
SECTION 4. The City Clerk shall certify to the adoption
of this resolution.
I HEREBY CERTIFY that the foregoing resolution was adopted
at a regular meeting of the City Council of the City of Arcadia held
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on the 4th
day of
October ,1966, by the affirmative vote
of at least three councilmen, to wit:
AYES:
Councilmen Arth, Considine, Hage and Forman
NOES:
None
ABSENT:
Councilman
Butterwort~ ~
/Ia/J'-Z~ ~
y Clerk of the City
of Arcadia
SIGNED AND APPROVED this
~ft g.-~
City Clerk
(SEAL)
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