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HomeMy WebLinkAboutOrdinance 2125 - Amending Title 7 ORDINANCE NO. a?(a2 S AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF REDDING AMENDING TITLE 7, ANIMALS, BY ADDING CHAPTER 7.28 ENTITLED SEIZURE OF INHUMANELY TREATED ANIMALS. The City Council of the City of Redding does ordain as follows: Section 1. There is hereby added to the Redding Municipal Code Chapter 7 . 28 entitled Seizure of Inhumanely Treated Animals, which is to read as follows: Chapter 7 .28 SEIZURE OF INHUMANELY TREATED ANIMALS Sections: 7 . 28. 010 Penal Code Section 597 . 1 Adopted 7 . 28 . 020 Hearing Officer 7 . 28 . 030 Hearings 7 . 28. 040 Severability. 7 .28.010 Penal Code Section 597 .1 Adopted. Pursuant to subdivision ( 1) of Section 597 . 1 of the California Penal Code, the Council determines and declares that: 1 . Section 597f of the California Penal Code shall not be operative within the City; and 2 . Section 597 . 1 of the California Penal Code shall be operative within the Cit �1 p y, and is included in and made a part of this Code as though set forth at length herein. The phrase "within the City" shall take its meaning by N reference to the location of the affected animal( s) , or the residence of the owner or holder of the animal( s) , or both. `� n 7.28.020 Hearing Officer. The Executive Director of the Haven Humane Society, acting pursuant to the contract between the City and the Haven Humane Society for the provision of animal control services, is hereby authorized to appoint a hearing officer in each case where a hearing is required pursuant to Penal Code Section 597 .1, in accordance with the provisions of subdivisions ( f) ( 2) and (g) ( 2) thereof; and to prepare and maintain a list of persons who have volunteered to act as hearing officers. If the Executive Director elects not to designate an employee of the seizing agency to act as the hearing officer, he may select any person from the list to act as the hearing officer in a particular case. In the absence of a contract with the Haven Humane Society, the City Manager shall appoint a hearing officer. 7.28.030 Hearings. Hearings shall conform to the provisions of Section 597 .1 of the California Penal Code. Hearings may be informal and shall not be subject to formal rules of evidence. Hearings shall be tape recorded, and the tapes shall be maintained by the Executive Director of the Haven Humane Society in accordance with law. 7.28.040 Severability. If any provision, clause, sentence, or paragraph of this chapter, or the application thereof to any person or circumstance, shall be held invalid, such invalidity shall not affect the other provisions or applications of the provisions of this chapter which can be given effect without the invalid provisions or application, and, to this end, the provisions of this chapter are hereby declared to be severable. Section 2. This Ordinance shall take effect and be in full force and effect from and after 30 days following its passage. Before the expiration of 15 days after its passage, this Ordinance shall be published once in a newspaper of general circulation in the City. Section 3. The City Clerk shall certify to the adoption of this Ordinance and cause its publication according to law. 2 I HEREBY CERTIFY that the foregoing Ordinance adding Chapter 7 . 28 to the Redding Municipal Code was introduced and read by the City Council at a regular meeting on the 18th day of April , 1995; and was duly read and adopted at a regular meeting on the 2nd day of May , 1995, by the following vote: AYES: COUNCIL MEMBERS: P. Anderson, R. Anderson, McGeorge, Murray and Kehoe NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS- None ABSTAIN: COUNCIL MEMBERS: None DAVID�Nedding KEHOE, Ma r City ATTEST: �Ld4LA CONNIE STROHMAYER, ity Clerk FORM AP ":l W. LEONARD WINGA , City Attorney J In the Superior Court of the State of California in and for the County of Shasta CERTIFICATE OF PUBLICATION No------------------------------------ Ordinance No. 2125 ----------------------------------------------------------------------------------- City of Redding --------------------------- (Above space for filing stamp) STATE OF CALIFORNIA ORDINANCE NO.2125 COUNTY OF SHASTA SS. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF REDDING AMENDING TITLE 7, ANIMALS, BY ADDING CHAPTER 7.28 ENTITLED SEIZURE OF INHUMANELY TREATED ANIMALS. I herebycertify that the Record Searchlight Is a The City Council of the City of Redding does ordain as follows: g Section 1. There is hereby added to the Redding Municipal Code Chapter 7.28 entitled Seizure of Inhumanely Treater newspaper of general circulation within the provisions Animals,which is to read as follows: Chapter 7.28 SEI of the Government Code of the State of California, SectionsZURE OF INHUMANELY TREATED ANIMALS 7.28.010 Penal Cotle Section 597.1 Adopted 7.28.020 Hearing Officer printed and published in the City of Redding, County 7.28.030 Hearings 7.28.040 Severability. of Shasta, State of California; that I am therinci al 7.28.010 Penal Code Section 597.1 Adopted. P P Pursuant to subdivision (1) of Section 597.1 of the California Penal Code,the Council determines and declares that: clerk of the printer of said newspaper; that the notice 1. section 597f of the California Penal Code shall not be operative within the City;and 2. Section 597.1 of the California Penal Code shall be of which the annexed clipping is a true printed copy operative within the City, and is included in and made a Part of this Code as though Set forth at length herein.The was ublished in said news a er on the followin Phrase "within the City" shall take its meaning by P ppaper g reference to the location of the affected animal(s),or the residence of the owner or holder of the animal(s),or both. dates, to wit: 7.28.020 Hearing Officer. The Executive Director of the Haven Humane Society, acting Pursuant to the contract between the City and the Haven Humane Society for the provision of animal control services, is hereby Ma 10 1995 authorized to appoint a hearing officer in each case where a y--- -t--_----- -------------------------------------------------------- hearing is required Pursuant to Penal Code Section 597.1, in accordance with the provisions of subdivisions (f)(2) and (9)(2) thereof; and to prepare and maintain a list of Persons who have volunteered to act as hearing officers. If the Executive Director __________ __ elects not to designate an employee of the seizing agency to act as the hearing officer, he may select any person from the list to act as the hearing officer in a particular case. In the absence of a Contract with the Haven Humane Society, I certify under penalty of perjury that the foregoing the City Manager shall appoint a hearing officer. 7.28.030 Hearings. Hearings shall conform to the provisions of Section 597.1 of the California Penal Code. Hearings may be informal and shall not be is true and correct, at Redding, California on the sub iect to formal rules of evidence. Hearings shall be tope recorded, and the tapes shall be maintained by the Executive Director of the Haven Humane Society in accordance with law. 7.28.040 Severability. 10th day of May _ If any provision,clause,sentence,or Paragraph of this chapter, -- - orthe application thereof to any Person or cirumstance, shall be held invalid,such invalidity shall not affect the other provisions or 95 applications of the provisions of this chapter which can be given 19________________ effect without the invalid Provisions or application, and, to this end, the provisions of this chapter are hereby declared to be severable. Section 2. This Ordinance shall take effect and be in full force and effect from and after 30 days following its passage. Before the expiration of 15 days after its Passage, this Ordinance shall be Published once in a newspaper of general circulation in the City. Section 3. The City Clerk shall certify to the adoption of this Ordinance and cause its Publication according law. I HEREBY CERTIFY that the foregoing Ordinance adding Signature Chapter 7.28 to the Redding Municipal Code was introduced and read by the City Council at a regular meeting on the 18th day of April, 1995; and was duly read and adopted at a regular meeting on the 2nd day of May,1995,by the following vote: AYES: COUNCIL MEMBERS: P.Anderson, R.Anderson,McGeorge,Murray and Kehoe NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None RECORD SEARCHLIGHT /s/David A, Kehoe DAVID A.KEHOE,Mayor 1101 Twin View Blvd., Redding, California 96003 City of Redding ATTEST: FORM APPROVED: /s/Connie Strohmayer /s/W.Leonard Wingate ityit NNIE TROHMAYER, W.City Attorne D WINGATE, May 10,1995 33266 '2 11I-115 PU Y DEPT-