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HomeMy WebLinkAbout2006-01 ORDINANCE NO. 2006-01 ADOPTING BY REFERENCE CONTRA COSTA COUNTY'S DANGEROUS ANIMAL ORDINANCE (ARTICLE 416-12.4 OF THE CONTRA COSTA COUNTY CODE) AND INCORPORATING THE ORDINANCE INTO SECTION 6-1 OF THE DANVILLE MUNICIPAL CODE The Danville Town Council does ordain as follows: SECTION 1. FINDINGS. The Danville Town Council makes the following findings: 1. On November 15, 2005, the Contra Costa County Board of Supervisors approved County Ordinance No. 2005-24, amending Article 416-12.4 of the Contra Costa County Code relating to dangerous animals. 2. On February 28, 2006, the Contra Costa County Board of Supervisors approved County Ordinance No. 2006-05, amending Article 416-12.4 of the Contra Costa County Code relating to dangerous animals. 3. Government Code Section 50022.9 authorizes the Town to adopt the County's ordinances by reference. 4. The Town of Danville has previously adopted the entire County Animal Control Code by reference as Sections 6-1 and 6-2 of the Danville Municipal Code. SECTION 2. ADOPTING BY REFERENCE CONTRA COSTA COUNTY'S DANGEROUS ANIMAL ORDINANCE Article 416-12.4 of the Contra Costa County Code, as adopted by Contra Costa County Ordinance No. 2005-24 and No. 2006-05, is hereby adopted by reference and incorporated into Section 6-1 of the Danville Municipal Code. SECTION 3. AMENDING SECTION 6-2 OF THE DANVILLE MUNICIPAL CODE TO ESTABLISH PENALTIES A new Section 6-2(c) is hereby added to the Danville Municipal Code to establish penalties for violation of the Contra Costa County's Dangerous Animal Ordinance, Article 416-12.4 of the Contra Costa County Code, to read as follows: Section 6-2 Penalties (c) It shall be a misdemeanor for any owner or keeper of an animal previously designated as dangerous to violate any of the conditions of the dangerous animal permit under Section 416-12.422 of the Contra Costa County Code, punishable as provided by law. If an owner or keeper: is convicted of violating this section, the court may, upon good cause, order the dangerous animal seized, declared a nuisance and destroyed. Any person convicted in violation of this section shall be prohibited from owning, harboring or keeping any animal within Contra Costa County for a minimum of five years. SECTION 4. CODIFICATION. Sections 2 and 3 of this ordinance shall be codified in the Danville Municipal Code. SECTION 5. SEVERABILITY. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of the ordinance. The Danville Town Council hereby declares that they would have adopted the ordinance, and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases was declared invalid. SECTION 6. PUBLICATION AND EFFECTIVE DATE. The City Clerk shall have a summary of this ordinance published twice in a newspaper of general circulation, once within five (5) days before its adoption and once within 15 (fifteen) days after adoption. This ordinance shall become effective 30 days after adoption. The foregoing Ordinance was introduced on March 7, 2006 and approved and adopted by the Danville Town Council at a regular meeting held on March 21, 2006, by the following vote: AYES: Stepper, Shimansky, Andersen! Arnerich, Doyle NOES: None ABSTAIN: None ABSENT: None M~~~ APPROVED AS TO FORM: 1Wf3 ~ CITY ATTORNEY J- ~ CITY CLERK PAGE 2 OF ORDINANCE NO. 2006-01 CLERK'S CERTIFICATE I, Marie Sunseri, City Clerk of the Town of Danville, hereby certify that the foregoing is a true and accurate copy of Ordinance No. 2006-01 of said Town and that said ordinance was published according to law. Dated: City Clerk of the T own of Danville PAGE 3 OF ORDINANCE NO. 2006-01