Ordinance No. 1052
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ORDINANCE NO. 1052
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
VERNON AMENDING CHAPTER NOS. 3, 10, AND 13 OF THE
CODE OF THE CITY OF VERNON, CALIFORNIA, 1959,
REGARDING ANIMAL AND VECTOR CONTROL AND REPEALING
ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
THEREWITH
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WHEREAS, Chapter 3 of the Vernon city Code provides for
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animal control; and
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WHEREAS, Article I of Chapter 13 of the Vernon city Code
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pertains to control of vectors including rodents and other vermin;
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and
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WHEREAS, said regulations constitute health regulations
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which should be consolidated and relocated with other chapters in
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the Vernon City Code pertaining to the Health Department; and
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WHEREAS,
the Director of Environmental Health has
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recommended revising said animal and vector control provisions as
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set forth herein.
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THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS:
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SECTION 1: The City Council of the City of Vernon hereby
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finds and determines that the recitals contained hereinabove are
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true and correct.
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SECTION 2: The City Council of the City of Vernon hereby
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establishes Chapter 10, "Animal and Vector Control" of the Code of
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the City of Vernon with the following articles:
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Article I. In General.
Article II. Dog Licenses.
Article III. Running at Large.
Article IV. Impoundment.
Article V. Rabies Control.
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Article VI.
Animal Protection and Care.
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Article VII.
Public Health Protection.
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Article VIII.
Vector Control.
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SECTION 3:
Chapter 3, "Animals," of the Code of the City
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A. The following code sections from said Chapter 3 are
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8 renumbered as shown below, and are amended and included in Articles
9 I to VII of said Chapter 10 as set forth in Exhibit A hereto:
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CHAPTER 3 CHAPTER 10
Section Headino Section Headino
S3.1. Animal control ordinance. S10.l. Animal and vector control
ordinance.
S3.2. Definition of terms. SlD.2. Definition of terms.
S3.3. Animal control officer. S10.3. Chief animal control
officer (Chief ACO).
S3.4. Deputies. S10.4. Deputies.
S3.S. Police powers. SlD.S. Police powers.
S3.6. License and tax powers. SlD.6. License and tax powers.
S3.7. Interference with duty. SlD.7. Interference with duty.
S3.8. Entering upon premises. SlD.8. Entering upon premises.
S3.9. Exhibition of license. SlD.1O. Exhibition of license.
S3.1D. City animal shelter SlD.40. City animal shelter
provided. provided.
S3.1l. Impounding. SlD.4l. Impounding.
S3.12. Care of animals. REPEALED Pre-empted by Penal Code
SS97e.
S3.13 . Reclaiming of animals. SlD.44. Reclaiming of animals.
S3.14. Fees for impounding. SlD.4S. Fees for impounding.
S3.1S. Destruction of impounded SlD.46. Destruction of impounded
unfit animals. unfit animals.
S3.16. License and registration S10.lS. License required.
required.
S3.17. Transfer. SlO.16. Transfer prohibited.
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CHAPTER 3 CHAPTER 10
Section Headinq Section Headinq
S3.18. Procurement of license tags REPEALED. Unnecessary. Administrative
and certificates. only.
S3.19. Issuance of license tags SlO.17. Issuance of license and
and certificates. tags.
S3.20. Time limit; license fee. SlO.19. Time limit; license fee.
S3.2l. Penalty fee amount. SlO.20. Penalty fee amount.
S3.22. License fee exemptions. SlO.2l. License fee exemptions.
S3.23. Optional identification SlO.24. Optional identification
license for cats. license for cats.
S3.24. Tag must be shown. SlO.22. Showing license or tag on
request.
S3.25. Removal of registration SlO.23. Removal of license tags.
tags.
S3.26. Counterfeiting tags. SlO.18. Counterfeiting tags.
S3.27. Running at large SlO.30. Dogs running at large
prohibited. prohibited.
S3.28. Impounding and quarantine. SlO.3l. Impounding.
S3.29. Giving notice of captured SlO.32. Giving notice of captured
animals. dogs or other animals.
S3.30. Rabies; initial SlO.55. Rabies; vaccination.
vaccinations.
S3.3l. Rabies; revaccination. SlO.56. Rabies; revaccination.
S3.32. Rabies; certificate. SlO.57. Rabies; certificate.
S3.33. Rabies; licensing SlO.58. Rabies; licensing
requirements. requirements.
S3.34. License; evidence. SlO.59. License; evidence.
S3.35. Health officer or chief REPEALED. Incorporated as part of
animal control officer to SlO.32.
have dog examined for
rabies.
S3.36. Unlawful for any person to SlO.60. Report of rabid dog.
fail to notify health
officer of the City of
Vernon, his deputies or
chief or his deputies
regarding rabid dog.
S3.37. Dogs and other animals to SlO.6l. Dog to be quarantined for
be quarantined for ten ten days.
days.
S3.38. Knowledge of bite; duty to SlO.33. Report of dog bite.
report.
S3.39. Notice and redemption of SlO.42. Reco,rd, notice, and
impounded dog. redemption.
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CHAPTER 3 CHAPTER 10
Section Headinq Section Headinq
S3.40. Fee for recovery of dog or REPEALED. Incorporated as part of
cat; feeding. SSlO.44 and 10.45.
S3.41- Minimum period of impounded S10.47. Minimum period for holding
doq. impounded dog or cat.
S3.42. Minimum period of impounded REPEALED. Incorporated as part of
cat. S10.47.
S3.43. Sale of impounded dogs, S10.48. Sale of impounded dogs,
cats and other animals; cats and other animals;
summary destruction. destruction.
S3.44. Spaying or altering S10.49. Spaying or neutering of cat
required. required.
S3.45. Breeding of dogs and dog S10.65. Breeding and kennels.
kennels.
S3.46. Breeding of cats and cat REPEALED. Incorporated as part of
kennels. S10.65.
S3.47. Cat or dog breeding permit. S10.66. Cat or dog breeding permit.
S3.48. Dog feces. S10. 77. Dog feces.
S3.49. Running at large REPEALED. Included in SS10.34 and
prohibited--Other animals. 10.36.
S3.50. Fowl and rabbits not to run S10.34. Farm animals, rabbits, and
at large. fowl running at large
prohibited.
S3.51- Artificial treatment. REPEALED. Pre-empted by Penal Code
S599.
S3.52. Sale of young. REPEALED. Incorporated as part of
S10.67.
S3.53. Slaughter of animals. S10.79. Slaughter of animals.
S3.54. Allowing wild or vicious S10.35 Wild specie running at
animals to run at large large prohibited.
prohibited.
S3.55. Keeping wild or vicious S10.36. Permit to keep animals.
animal within or upon own
premises.
S3.56. Appeal. S10.12. Appeal.
S3.57. Cleanliness of premises S10.75. Cleanliness of place where
where animals are kept. animals are kept.
S3.58. Veterinarians; notice of S10.80. Veterinarians; notice of
death of animals. death of animals.
S3.59. Retention of dead animals. S10.81- Retention of dead animals.
S3.60. Carcass of animal. S10.82. Carcass of animal.
S3.61- Dogs in stores or S10.76. Animals in food stores,
conveyances. restaurants, or
conveyances.
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CHAPTER 3 CHAPTER 10
Section Headinq Section Headinq
S3.62. Transporting animals on REPEALED. Covered by Vehicle Code
motor vehicles. S2311 7.
S3.63. License and permit fees-- S10.13. License and permit fees;
Debts--Legal liability. liability.
S3.64. Keeping diseased animals SlO.78. Keeping diseased animals
prohibited; exception. prohibited; exception.
S3.65. Rabies. SlO.62. Rabies in other animals.
S3.66. Traps prohibited. SlO.67. Traps prohibited.
S3.67. Dogs in public parks I REPEALED.
playgrounds and recreation
areas.
S3.68 Application by reference. REPEALED.
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B. The following code sections are hereby added to said
12 Chapter 10 as set forth in Exhibit A.
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S10.9. Capturing animals at large.
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S10.11. violation.
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S10.37. Dangerous wild specie or vicious animal.
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S10.43. Enforcement of Penal Code.
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S10.50. Spaying or neutering of dog required.
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S10.68. Care of animal by owner.
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C. The following code sections from said Chapter 3 are
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S3.12 Care of Animals.
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S3.18. Procurement of license tags and certificates.
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S3.35. Health officer or chief animal control officer
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to have dog examined for rabies.
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S3.40.
S3.42.
Fee for recovery of dog or cat; feeding.
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Minimum period of impounded cat.
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S3.46.
Breeding of cats and cat kennels.
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S3.49.
Running at large prohibited--other animals.
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Artificial treatment.
Sale of young.
Transporting animals on motor vehicles.
Dogs in public parks, playgrounds
recreation areas.
S3.68. Application by reference.
SECTION 4: Chapter 13, Article I, and sections 13.1
through 13.6 of the Code of the City of Vernon are hereby amended as
follows:
S3.51
S3.52.
S3.62.
S3.67.
and
A. Existing Article I, "Rodent Control," of said Chapter
13 is amended as follows:
(i) Existing Section 13.1 of said Article I of
Chapter 13 is hereby repealed.
(ii) Sections 13.2 through 13.5 of said Article I of
Chapter 13 are hereby reconstituted as sections 10.85 through 10.88
of said Article VIII of Chapter 10 and are amended to read as set
forth in Exhibit B.
B. New Article I, "In General," is added to said Chapter
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C. New section 13.1 is added to said new Article I of
Chapter 13 to read as follows:
Sec. 13.1. General definitions.
For purposes of this chapter, the following words and
phrases shall have the meaning ascribed to them by this
section:
Health department or department.
environmental health.
The city department of
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Health officer. The city health officer, or his duly
authorized representative. The duties of the health officer
are those set forth in the Health and Safety Code of the state.
Whenever a power is granted to or a duty imposed upon the
health officer in this chapter, the power may be exercised or
the duty performed by a duly authorized representative of the
health officer, unless this chapter expressly provides
otherwise.
Location. A building, a group of contiguous or adjacent
buildings occupied by a single company, or a single parcel of
unimproved property.
Person. Any individual, company, firm, corporation,
association, business, trust, joint venture or group or
combination and acting as a unit; or, any employee, officer or
any other kind of representative thereof acting either under
personal appointment or pursuant to law, or any successor in
interest thereto.
D. Sections 13.2 to 13.5 shall be reserved for future use.
E. section 13.6 of Chapter 13 is amended by deleting
therefrom the definitions for "Health department or department,"
"Health officer," "Location," and "Person."
SECTION 5: Any ordinance, part of an ordinance, or code
section in conflict with this Ordinance is hereby repealed.
SECTION 6: The renumbering of any article or section of
the Code of the City of Vernon shall not constitute a change in its
intent or purpose, and it shall have the same effect and
enforceability as if it had never been renumbered. Any code section
numbers not used shall be reserved for future use.
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SECTION 7: If any section, subsection, sentence, clause,
2 or phrase or word of this ordinance is for any reason held to be
3 void or unconstitutional, such decision shall not affect the
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validity of the remaining portions of this ordinance; it being the
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intention of the City Council of the City of Vernon to adopt and
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pass this ordinance and each section, subsection, sentence, clause
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or phrase thereof irrespective of the fact that one or more of the
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sections, subsections, clauses, sentences or phrases thereof may be
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declared void or unconstitutional.
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SECTION 8: There being no newspaper printed, published or
11 circulated in the City of Vernon, the City Clerk is hereby directed
12 to certify to the passage of this ordinance and shall post the same,
13 or cause the same to be posted, within fifteen (15) days after its
14 passage in accordance with section 36933 of the Government Code, in
15 three (3) of the most public places in the City of Vernon, to wit:
16 the northwest corner of 38th Street and Santa Fe Avenue, the
northeast corner of Leonis Boulevard and Pacific Boulevard, and on
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the bulletin board in the lobby of the City Hall of said City,
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located at 4305 Santa Fe Avenue, all in the City of Vernon, County
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of Los Angeles, State of California.
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SECTION 9:
This ordinance shall be in full force and
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effect thirty (30) days from and after its passage of the same.
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APPROVED AND ADOPTED this 1st day of
July
1997.
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ATT/Z/~
BRUCE V. MALKENHORST, city Clerk
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1 STATE OF CALIFORNIA )
)ss
2 COUNTY OF LOS ANGELES )
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I, BRUCE V. MALKENHORST, city Clerk of the City of Vernon,
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do hereby certify that the foregoing Ordinance, being Ordinance
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No. 1052, was duly and regularly introduced at a regular meeting of
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the City Council of the City of Vernon, held on Tuesday, June 17,
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1997, and thereafter finally adopted at a regular meeting of said
July 1
Ci ty Council held on Tuesday,
, 1997, and thereafter was
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duly signed by the Mayor of the City of Vernon, by the following
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vote:
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AYES:
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councilmen: Malburg, Ybarra, Davis
Gonzales, McCormick
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NOES:
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Councilmen: None
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ABSENT:
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COUZA/~
BRUCE V. MALKENHORST, city Clerk
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( SEAL)
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EXHIBIT A
CHAPTER 10.
ANIMAL AND VECTOR CONTROL
ARTICLE I. In General.
Sec. 10.1. Animal and vector control ordinance.
This chapter shall be known as, and may be cited and referred
to as the "Animal and Vector Control Ordinance."
Sec. 10.2. Definition of terms.
For the purpose of this chapter unless it is plainly evident
from the context that a different meaning is intended, certain terms
set forth herein are to be defined as follows:
(a) Animal shall include any beast, bird, reptile, or fish.
(b) At large shall mean an animal off the premises of its
owner, whether on a public street, place, or way or on the private
property of another person, unless such animal is confined by a strong
leash not exceeding six (6) feet in length securely and continuously
held by a competent person, or within a vehicle.
(c) Cat or dog kennel shall mean any lot, building,
structure, enclosure, or premises whereupon or wherein four or more
cats or dogs over four months of age are kept or maintained for any
purpose, including places where cats or dogs are boarded, kept for
sale, or kept for hire.
(d) Chief ACO shall mean the person holding the office of
chief animal control officer.
(e) City shall mean the City of Vernon.
(f) Farm animal includes any ox, steer, bull, cow, calf,
horse, sheep, goat, or any similar farm animal. Horse shall include
mule, burro, pony, jack, hinny or jenny, or any foal thereof.
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(g) Harborage shall mean any condition which provides shelter
or protection for vectors, nuisance pests, or other vermin thus
favoring their multiplication and continued existence.
(h) Health officer shall mean the Director of Environmental
Health of the City of Vernon.
(i) Impounded shall mean taken or received into custody of
any animal shelter pursuant to this ordinance or any state statute.
(j) Nuisance pest shall mean any dangerous insect, spider, or
reptile whose bite, sting, or action can inflict injury, harm or
distress to a person.
(k) OWner shall mean any person owning, or having an interest
in, or having control or possession of any animal.
(l) Rodents include rats, mice and other rodents which may
serve as hosts of diseases communicable to man, or which, by their
filthy characteristics, are offensive to man.
(m) Vector includes rodents, fleas, flies, bedbugs,
cockroaches, lice, mosquitoes, ticks, or other vermin which transmit
pathogens.
(n) vicious animal shall mean any animal dangerous to a
person or to another animal and shall include any dog having a
disposition or propensity to attack or bite any person or another
animal without provocation. If the official records of the city or the
chief ACO indicate a dog has bitten any person or another animal on two
(2) or more separate occasions, it shall be prima facie evidence that
such dog is a vicious animal.
(0) wild specie shall mean any wild, exotic, or dangerous
nondomestic animal, including but not limited to mammals, fowl, fish or
reptiles.
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Sec. 10.3. Chief animal control officer (chief ACO).
The office of the chief animal control officer (chief ACO) is
hereby established. The city council shall appoint a qualified person
to the position of the chief ACO, or the city council may contract for
the performance of the duties of such office with a qualified person or
legal entity. The city council shall set the compensation and other
terms of such office.
Sec. 10.4. Deputies.
Whenever a power is granted to, or a duty is imposed upon the
chief ACO, the health officer, or other public officer, the power may
be exercised or the duty may be performed by a deputy of the officer or
by a person authorized pursuant to law, unless the Code expressly
provides otherwise.
Sec. 10.5. Police powers.
The chief ACO and deputies are vested with the necessary
police powers and duties of a police officer for the exclusive purpose
of enforcing the provisions of this chapter, and it shall be the duty
of each such officer to make arrests and issue citations for violations
of any of the provisions of this chapter or other applicable law. Each
such officer shall enforce all laws relating to the care, treatment,
impounding or other condition of animals and to the prevention of
cruelty to animals. In the exercise of said powers, the chief ACO
shall be under the general direction of the city administrator.
Sec. 10.6. License and tax powers.
The health officer and the chief ACO shall have the power to
collect the fees and to issue the animal licenses, permits, and tags
prescribed in this chapter.
Sec. 10.7. Interference with duty.
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No person shall rescue or attempt to rescue any animal from
the possession of the chief ACO, the health officer, or a police
officer nor interfere with the performance of their official duties.
Sec. 10.8. Entering upon premises.
The chief ACO, the health officer or any police officer shall
have the right to make an inspection to enforce the provisions of this
chapter or other applicable law by entering into any building or upon
any property within the city when such officer has reasonable cause to
believe that there exists in any building andlor upon any property any
violation of the provisions of this chapter or other applicable law;
provided that:
(a) If such building andlor property is occupied, such
officer shall first present proper credentials to the occupant and
request entry, explaining the reasons therefor; and if such building
and/or property be unoccupied, such officer shall first make a
reasonable effort to locate the owner thereof or other person having
authority over the building andlor property and request entry,
explaining the reasons therefor.
(b) If entry into said building or upon said property is
refused, such officer shall obtain an inspection warrant pursuant to
the provisions of Code of civil Procedure ~1822.50, et seq., for the
entry and inspection of said building andlor said property.
(c) Notwithstanding the foregoing, if such officer has
reasonable cause to believe that the building or property is hazardous,
unsafe or dangerous as to require immediate inspection to safeguard an
animal or the public health or safety, such officer shall have the
right to immediately enter and inspect such building andlor property,
and may use any reasonable means required to effect such entry and make
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such inspection.
Sec. 10.9. capturing animals at large.
Notwithstanding section 10.8., the chief ACO, the health
officer or any police officer shall not be prohibited from entering
upon any public or private property in the city for the purpose of
capturing an animal running at large in violation of this chapter or
other applicable law. Any person who denies or prevents, obstructs, or
attempts to deny, prevent, or obstruct such capture is guilty of a
misdemeanor.
Sec. 10.10. EXhibition of license.
No owner shall fail or refuse to exhibit the license, permit,
or tag of any animal required to be registered by this chapter when
required to do so by the chief ACO, the health officer or any police
officer.
Sec. 10.11. Notice of violation.
The chief ACO or health officer shall send a written notice of
violation to any person failing to comply with the provisions of this
chapter. Except as otherwise provided herein or by state law, a
violation of this chapter is an infraction and upon a conviction
thereof shall be punishable by a fine not to exceed Five Hundred
Dollars ($500.00).
Sec. 10.12. Appeal.
Any person dissatisfied with the ruling of the chief ACO or
the health officer may, within ten (10) days thereafter, appeal from
the notice of violation. If the chief ACO or health officer is unable
to resolve the matter, the appeal shall be submitted to the city
council. Such appeal shall be a simple statement in writing setting
forth in common terms the basis of said appeal. An appeal fee in an
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amount set by resolution of the city council shall be required for each
appeal. No appeal shall be placed on the agenda of any meeting of the
city council until such fee has been paid.
Sec. 10.13. License and permit fees; liability.
The amount of any license or permit fees or any penalty
imposed by this chapter shall be deemed a debt to the city and any
owner keeping any animal without having obtained a license or permit
from the city shall be liable to an action in the name of the city in
any court of competent jurisdiction for the amount of the such fees and
penalties. The chief ACO or the health officer shall have the authority
to cause a complaint to be filed against any owner violating any of the
provisions of this chapter. Such action shall be cumulative and shall
not be deemed a bar to, or a waiver of, the right of the city to
prosecute a civil or criminal action for a violation of this chapter.
Sec. 10.14. Reserved for future use.
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ARTICLE II. Dog Licenses.
Sec. 10.15. License required.
Every owner of any dog over the age of four (4) months within
the city shall obtain an annual dog license and pay the fees and
penalties established by city council resolution.
Sec. 10.16. Transfer prohibited.
No dog license is transferable.
Sec. 10.17. Issuance of licenses and tags.
An annual license shall be furnished by the health officer to
any owner required by this article to obtain a dog license, upon
payment of the appropriate dog license fee. A record shall be kept of
the name, address and telephone number of such owner and the number and
date of such license.
A permanent tag shall be issued for each dog and securely fastened
to the collar or harness of the dog. Such tag shall be worn by such
dog at all times when outdoors or in a public place. A duplicate of a
lost tag may be obtained upon proof of loss and payment of the
appropriate fee.
Sec. 10.18. counterfeiting tags.
No person shall initiate or counterfeit the license or tags
provided for in this article, nor use any imitation or counterfeit of
such license or tag. A violation of this section is a misdemeanor.
Sec. 10.19. Time limit.
The original license fees shall be due and payable within
thirty (30) days after any such dog comes into the care, custody and
control of such owner in the city. Renewal license fees shall be due
and payable on July 1 of each year.
Sec. 10.20. Penalty fee amount.
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Any owner who fails to pay the required dog license fee within
thirty (30) days of the time required by Section 10.19 shall pay, in
addition to said license fee, a penalty of ten percent (10%) for each
month of delinquency up to a maximum of fifty percent (50%).
Sec. 10.21. License fee exemptions.
In lieu of the regular license fee, a special license fee in
an amount set by resolution of the city council shall be required for
the following:
(a) A dog trained as a guide for the blind or disabled.
(b) A dog honorably discharged from the armed forces of the
United states.
(c) A spayed or neutered dog provided, however, that the full
license fee must be paid if the owner does not obtain a license within
the time limit set forth in this chapter.
(d) Any dog having a license for the current year issued by
another jurisdiction when the owner thereof has obtained care, custody,
and control of such dog or has moved his or her business or residence
to the City of Vernon within the previous year.
Sec. 10.22. Showing license or tag on request.
No owner of a dog in the city shall fail or refuse to show to
the chief ACO, the health officer, or any police officer the license,
tag, and rabies certificate for such dog.
Sec. 10.23. Removal of license tags.
No unauthorized person shall remove from any dog any collar,
harness, or other device to which is attached a license tag or remove
such tag therefrom.
Sec. 10.24. Optional identification license for cats.
In order to provide a method of identifying cats, a license
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and tag may be obtained. The fee for such license and tag shall be
established by city council resolution. This section shall not require
the licensing of cats, but merely provides for their optional
licensing.
Sec. 10.25 to 10.29.
Reserved for future use.
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ARTICLE III. Running at Large.
Sec. 10.30. Dogs running at large prohibited.
No owner of any dog in the city shall cause or permit such dog
to run at large.
Sec. 10.31. Impounding.
It shall be the duty of the chief ACO and of any police
officer of this city to impound any dog running at large.
Sec. 10.32. Giving notice of captured dogs or other animals.
Any person who captures a dog or other animal running at large
shall promptly give notice to the chief ACO, the health officer, or a
police officer.
(a) The dog or other animal shall be impounded by the chief ACO
upon request.
(b) The chief ACO when called upon shall examine or have examined
such dog or other animal and shall ascertain whether or not it is
infected with rabies.
(c) A dog or other animal captured under this section shall not be
killed, but shall be kept in confinement until the chief ACO shall find
that further observation is not necessary for the determination of the
presence or absence of rabies.
Sec. 10.33. Report of dog bite.
Whenever any person has knowledge that a dog has bitten any
person, such person shall promptly report said fact to the chief ACO,
the health officer, or a police officer. Such officer shall prepare a
written report which shall, to the extent known, identify the owner,
the dog, the name and address of the person bitten, and the time and
place such person was bitten.
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Sec. 10.34. Farm animals, rabbits, and fowl running at large
prohibited.
No owner shall allow any farm animal, rabbit, or fowl to run
or fly at large.
Sec. 10.35. Wild specie running at large prohibited.
No owner of any wild specie shall allow it to run at large.
Sec. 10.36. Permit to keep animals.
No owner of any farm animalor wild specie shall keep it on
the premises of such owner without a permit to do so. Such owner shall
comply with all terms and conditions of such permit and, in addition
thereto, such animal shall at all times be so confined, controlled and
restrained in such manner so the life, limb or property of any person
lawfully entering such premises shall not be endangered. This section
shall not apply to animals kept by a licensed slaughter house for
slaughter.
Sec. 10.37. Dangerous wild specie or vicious animal.
The chief ACO or the health officer shall notify in writing
the owner of any dangerous wild specie or vicious animal to keep it
within a substantial enclosure or securely attached to a chain or any
other type of control which is reasonably adequate under the
circumstances. If such restraint is impossible or impracticable, such
animal shall be impounded until the owner is able to comply with the
order. If, thereafter, the owner fails to provide adequate means of
restraint or control of such animal within a reasonable time, such
animal shall then be subject to summary destruction.
Sec. 10.38 and 10.39. (Reserved)
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ARTICLE IV. Impoundment.
Sec. 10.40. City animal shelter provided.
A suitable building or enclosure shall be provided by the city
or by contract to keep and safely hold all animals herein enumerated
which are subject to be impounded, which shall be known and designated
as the "animal shelter".
Sec. 10.41. Impounding.
The chief ACO shall impound and safely keep any animal found
running at large or without a license or permit contrary to the
provisions of this chapter.
Sec. 10.42. Record, notice and redemption.
The chief ACO shall keep a record on file at the animal
shelter giving a full description of each animal impounded therein for
said period beginning on the day any such animal is taken or delivered
into the possession of the chief ACO. When an animal is impounded, the
chief ACO shall immediately notify the owner thereof, if known, by
written notice and telephone.
Sec. 10.43. Enforcement of Penal Code.
The chief ACO shall implement and enforce within the City, to
the extent applicable, the provisions of California Penal Code section
596, et seq. pertaining to cruelty to animals and care of animals.
Sec. 10.44. Reclaiming of animals.
The owner of any animal impounded shall have the right,
subject to proof of ownership, to reclaim the animal at any time prior
to the sale or disposal thereof upon payment to the chief ACO of the
costs and charges for impounding and keeping such animal, and for
license or permit fees if unpaid.
Sec. 10.45. Fees for impounding.
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The chief ACO shall charge, receive, and collect fees for
impounding animals and for services such as feeding.
Sec. 10.46. Destruction of impounded unfit animals.
The chief ACO, in accordance with California Penal Code S597f,
shall order the destruction of any impounded animal which, in the
opinion of the chief ACO, is unfit or which is infected with a
dangerous or communicable disease, or which is in an incurable crippled
condition, or which is adjudged by a written report of a licensed
veterinary to be afflicted with any painful, incurable disease. A
domestic-type cat which is wild shall be deemed to be an unfit animal.
A written record of the reasons for the destruction shall be made.
Sec. 10.47. Minimum period for holding impounded dog or cat.
All dogs and cats with licenses or other identification
impounded at the animal shelter shall be held by the chief ACO for a
reasonable period of time after written notice is given to the owner.
If the owner fails to or is unable to redeem the animal after notice,
the animal may be determined by the chief ACO to be abandoned. If the
chief ACO is unable to contact the owner or if the dog, cat, or other
animal is unlicensed or unidentified, it shall be held for redemption
for a period of at least three (3) days. Thereafter the animal may be
disposed of in accordance with the following section.
Sec. 10.48. Sale of impounded dogs, cats and other animals;
destruction.
Dogs, cats and other animals not redeemed may be sold by the
chief ACO to the person offering to pay the highest cash amount
therefor, provided that the purchaser shall not be given possession of
any such animal until the charges and fees prescribed for such animal
have been paid and a license or permit has been obtained where
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applicable. If any dog, cat or other animal impounded by the chief ACO
shall not have been redeemed, and cannot be sold within a reasonable
time thereafter, it may be destroyed. A written record of the reasons
for the destruction shall be made.
Sec. 10.49. spaying or neutering of cat required.
The chief ACO shall not sell or give away any cat, except in
accordance with section 31751 of the California Food and Agricultural
Code pertaining to spaying and neutering.
Sec. 10.50. Spaying or neutering of dog required.
The chief ACO shall not sell or give away any dog, except in
accordance with section 30503 of the California Food and Agricultural
Code pertaining to spaying and neutering.
Sec. 10.51 to 10.54. Reserved for future use.
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ARTICLE v.
Rabies Control.
Sec. 10.55. Rabies: vaccination.
Every owner of a dog over the age of four (4) months in the
city shall cause such dog to be vaccinated with a type of rabies
vaccine approved by the California Department of Health Services. Such
vaccination shall be given within a period of thirty (30) days after
such dog comes into the care, custody, and control of such owner.
Provided, however, that the aforesaid provisions shall not apply to any
dog which has been previously vaccinated within one year prior to the
date such dog was first brought into the city.
Sec. 10.56. Rabies: revaccination.
Every owner of a dog in the city shall cause such dog to be
revaccinated within one year of its first vaccination and every three
years thereafter.
Sec. 10.57. Rabies: certificate.
Every owner of a dog in the city required by this chapter to
be vaccinated shall at all times have a certificate issued by a person
licensed by the state of California or any other state or nation to
practice veterinary medicine, which certificate shall specify that such
dog has been vaccinated in accordance with the provisions of this
chapter and showing the date thereof.
Sec. 10.58. Rabies: licensing requirements.
Every owner applying for a dog license must exhibit a
certificate showing the dog has been vaccinated in accordance with the
provisions of this chapter. An exemption may be granted for a dog
which by reason of age, infirmity or other disability should not be
vaccinated as certified by a person licensed to practice veterinary
medicine in the State of California. Such exemption shall be valid for
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a period not to exceed one (1) year. A dog license shall not be issued
unless such certificate is exhibited.
Sec. 10.59. License: evidence.
At the time a dog license is issued, it shall be marked with
the date of vaccination and the type of vaccine used as shown on said
certificate, or a separate vaccination tag containing such information
issued by the veterinarian at the time of such vaccination may be
attached.
Sec. 10.60. Report of rabid dog.
It shall be unlawful for any person having knowledge of the
whereabouts of a dog known to have, or suspected of having or showing,
symptoms of rabies to fail, refuse or neglect to immediately notify the
chief ACO, the health officer, or a police officer or to fail, refuse
or neglect to allow the chief ACO, the health officer, or a police
officer to make an inspection or to cause an examination of such animal
to determine whether such animal has rabies. A violation of this
section is a misdemeanor.
Sec. 10.61. Dog to be quarantined for ten days.
Whenever a dog in the city is suspected of having rabies, has
shown symptoms of rabies, or has bitten any person, the chief ACO, the
health officer, or any police officer, of the city may order such dog
to be quarantined by keeping it securely confined on a chain or in a
closed cage or paddock for a period of ten (10) days. No owner shall
refuse or fail to quarantine or shall fail or refuse to allow the chief
ACO, the health officer, or a police officer to make an inspection or
to cause an examination of such dog for rabies at any time during said
period. During the quarantine period no such dog shall be removed
without written permission of the chief ACO, the health officer, or a
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police officer.
Sec. 10.62. Rabies in other animals.
Whenever it is suspected that any person or animal shall have
been bitten by any other animal or when any other animal has or is
suspected of having rabies, all rules and regulations under this
chapter shall apply, where applicable, substituting the word "animal"
for "dog".
Sec. 10.63. and 10.64.
Reserved for future use.
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ARTICLE VI. Animal Protection and Care.
Sec. 10.65. Breeding and kennels.
No owner shall keep or maintain or suffer or permit to be kept
or maintained, upon any premises owned or controlled by such owner, any
cat or dog kept mainly for breeding purposes, except within properly
zoned property, and then only in an approved cat or dog kennel.
Sec. 10.66. Cat or dog breeding permit.
Any owner of any cat or dog for breeding purposes shall secure
a cat or dog breeding permit from the health officer or the chief ACO.
The fee for said cat or dog breeding permit shall be set by resolution
of the city council. Any kitten or puppy sold from a litter for a
profit over and above the cost of veterinary treatment and advertising,
if any, shall be prima facie evidence of cat or dog breeding.
Sec. 10.67. Traps prohibited.
No person shall set or use any spring steel trap, no. 1 or
larger, in the city. This section shall not, however, prohibit the use
of rodent or gopher traps.
Sec. 10.68. Care of animal by owner.
No owner of any animal shall fail to provide the necessary
sustenance, drink, shelter or protection from the weather, or
otherwise, for such animal. A violation of this section is a
misdemeanor.
Sec. 10.69. to 10.74.
Reserved for future use.
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ARTICLE VII. Public Health Protection.
Sec. 10.75. Cleanliness of place where animals are kept.
Every person owning or possessing any place where any dog,
cat, other animal, fowl or bird is kept shall keep such premises,
house, stable, barn, stall, pen, coop, or other location in a clean and
sanitary condition.
Sec. 10.76. Animals in food stores, restaurants, or conveyances.
No owner shall bring any dog, cat or other animal, or permit
any dog, cat or other animal to be brought into or to remain in any
room or place (other than a private home) where food is handled for
commercial purposes, or in which meat, fish, game, poultry, fruit,
vegetables, bakery goods or any other food or food product is stored,
kept, held, prepared, exposed or offered for sale, or sold for human
consumption. No owner shall permit any dog, cat or other animal to
ride upon or get into or upon any wagon or other vehicle in which any
such articles offered or to be offered for sale for human consumption
are being kept or transported; provided, however, that the provisions
of this section shall not apply to a dog trained as a guide for the
blind or disabled.
Sec. 10.77. Dog feces.
No owner of any dog shall permit, either willfully or through
failure to exercise due care, any such dog to defecate on any public
property or on any improved private property other than that of the
owner of such dog and allow such feces thereafter to remain thereon.
Sec. 10.78. Keeping diseased animals prohibited; exception.
No person shall keep any animal which is known or believed to
be infected with any dangerous or communicable disease, or which is
afflicted with any painful disease which is incurable.
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Sec. 10.79. Slaughter of animals.
No person shall willfully slaughter or cause to be slaughtered
within the city any cattle, calf, horse, sheep, swine or goat or any
other animal. This section shall not apply to the slaughter of such
animals (1) within an educational institution, (2) in a physician's
office or laboratory for purposes of medical research or other
scientific purposes, (3) by a person licensed by the state of
California to practice veterinary medicine, or (4) by any commercial
establishment duly licensed by the city and the united states
Department of Agriculture as a slaughterhouse.
Sec. 10.80. veterinarians: notice of death of animals.
Every person owning or operating any veterinary hospital or
other establishment for the treatment of animals shall give written
notice to the owner of the death of any animal left in such hospital or
establishment for treatment, provided that the name and address of the
owner is known.
Sec. 10.81. Retention of dead animals.
Every person owning or operating any veterinary hospital or
other establishment for the treatment of animals shall hold any animal
which dies therein for a period of at least twelve (12) hours after
written notice of the death of such animal has been given to the owner.
Sec. 10.82. Carcass of animal.
Except as provided in section 10.81, no person shall allow the
carcass of any animal to remain upon any lot, premises, or place in the
city owned, controlled or occupied by such person, for a period of more
than twenty-four (24) hours, or to be buried thereon.
Sec. 10.83. and 10.84. Reserved for future use.
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EXHIBIT B
CHAPTER 10.
ANIMAL AND VECTOR CONTROL.
ARTICLE VIII. Vector Control.
Sec. 10.85. Maintaining vector or pest harborage conditions
unlawful; notice to abate.
No person shall occupy, maintain or cause or permit another
person to occupy or maintain any premises in such condition of
construction or maintenance as will permit the breeding or harborage
therein or thereon of vectors, nuisance pests, or any other vermin. No
person may permit an accumulation of any materials that may serve as a
harborage unless such material be elevated not less than eighteen
inches above the ground or floor with a clear intervening space
thereunder. Whenever the health officer finds any premises to be
infested with vectors, nuisance pests, or other vermin, or to be in
such an unsani tary condition as to require cleaning, fumigation,
trapping, renovation, or other appropriate action, the health officer
shall notify the owner, the owner's agent, or the tenant or possessor
thereof, in writing, specifying the manner in which the provisions of
this chapter are being violated, and indicating specific measures that
shall be taken by the recipient of such notice to abate said
conditions.
Sec. 10.86. When extermination of vectors required.
Every person owning or possessing any premises that are
infested or suspected of being infested with vectors, nuisance pests or
other vermin, when given notice by the health officer, shall at once
proceed and continue in good faith to exterminate and destroy such
vectors, nuisance pests or other vermin by cleaning, fumigating,
1 of 2
poisoning, trapping, renovating, or other appropriate action.
Every person owning or possessing any premises wherein food, food
products or edible materials are stored, prepared, sold or processed
shall continuously provide and maintain suitable cleaning, food
protection and vector control as deemed necessary by the health
officer.
Sec. 10.87. vectorproof construction requirements.
(a) All factories, warehouses, buildings, stables, animal
quarters, pens, sheds, outbuildings and structures shall be so
constructed, repaired or removed as to prevent vectors, nuisance pests,
or other vermin, from being harbored underneath the same, or within the
walls, floors, basements and attics thereof.
(b) All buildings and structures, or the sections thereof,
used or intended to be used, for human habitation or occupancy, or
wherein food, food products, animal feeds or other goods likely to
attract rodents, are stored, kept, handled or processed, shall be so
constructed or maintained as to prevent rodents from gaining entrance
thereto. Openings in or around exterior doors, windows, vents, and
roofs shall be a maximum of one-quarter inch (1/4") in size.
(c) All natural vegetation or foliage shall be so trimmed or
removed so as to eliminate any harborage.
Sec. 10.88. Removal of rubbish, etc., to prevent harborage.
No rubbish, waste or cast off materials of any kind shall be
placed, left, dumped or permitted to accumulate or remain in or upon
any premises so that it may provide food or harborage for vectors,
nuisance pests, or other vermin. All boxes, lumber, paper, equipment
and other usable material which may provide such harborage shall be
removed or shall be stored or piled so as to eliminate such harborage.
2 of 2
SUPPORTING
DOCUMENTS
CITY COUNCIL
LEONIS C. MALBURG
Mayor
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BRUCE V. MALKENHORST
City Adrninistrator/City Clerk
FAX: (213) 581-7924
CITY HALL
DAVID B. BREARLEY
City Attorney
FAX: (818) 330-5818
KEVIN WILSON
Director of Community Services & Water
FAX: (213) 588-2761
KENNETHJ. DeDARIO
Director of Light & Power
FAX: (213) 583-1983
DAVE TELFORD
Fire Chief
FAX: (213) 581-1385
LOUIS ROSENKRANTZ
Police Chief
FAX: (213) 581-1178
THOMAS A. YBARRA
Mayor Pro-Tern
Wm. "BILL" DAVIS
Councilman
H. "LARRY" GONZALES
Councilman
W. MICHAEL McCORMICK
Councilman
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (213) 583-8811
June 12, 1997
City Council
City of Vernon
Honorable Members:
Staff of the City Attorney's office and Department of Environmental
Health have reviewed, updated, and reorganized Health Department
sections of the Vernon City Code, and consolidated animal and vector
control regulations into one chapter. An Ordinance has been prepared
reflecting the revisions, and it is hereby recommended that the
following ordinance be approved for a first reading.
Very ,trUlY your~, . -/ / ..
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Bruce V. Malkenhorst
City Clerk
BVM/hr
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interoffice
MEMORANDUM
To:
&/
From:
Bruce V. Malkenhorst, City Administrator
Subject:
Lewis Pozzebon, Director, Environmental Health Department
LDf"'(- L-P,
REVISION OF VERNON CITY CODE RELATING TO ANIMAL AND
VECTOR CONTROL
Date:
June 12, 1997
Our department has been working with the City Attorney's staff to revise, update, and reorganize
Health Department related sections of the Vernon City Code. These combined efforts resulted in the
proposed Ordinance No. 1052 which, if adopted, would relocate portions of the existing Code and
consolidate animal and vector control regulations into one chapter.
We believe the revision substantially improves the Code's accuracy, enforcibility, and readability.
With your concurrence, I recommend the City Council consider the adoption of Ordinance No. 1052
prepared by the City Attorney.
LJP:cd
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City Attorney
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