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ORDINANCE 790ORDINANCE NO. 790 AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, AMENDING THE "EL SEGUNDO MUNICIPAL CODE" BY ADDING CHAPTER 8.02 THERETO AND REPEALING SECTIONS 9.04. 100 AND 9. 04. 110 THEREOF RELATING TO ANIMALS AND REPEALING ORDINANCE NO. 206 REGULA- TING SWINE. THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. That Chapter 8. 02 consisting of Sections 8. 02. 010 to 8. 02. 180, inclusive, is added to the "E1 Segundo Municipal Code" to read as follows: "CHAPTER 8.02 ANIMAL REGULATIONS "8. 02. 010 PERMIT REQUIRED. It shall be unlawful for any person to keep or maintain, or have in possession or under control in the City, any living member of the animal kingdom ex- cept human beings, except as permitted by this Chapter and with- out having applied for and received a permit as hereinafter pro- vided. "8.02.020 ANIMALS PERMITTED. It shall be lawful for any person to keep or maintain or have in possession or under control in the city the following animals: (1) Canaries and birds of the psittacine family kept as household pets or as a hobby only, not exceeding ten in number; (2) Fish and turtles kept as household pets or as a hobby only; (3) Hamsters, white rats or guinea pigs as household pets or as a hobby only, not exceeding ten in the aggregate and the young thereof not exceeding three months in age; (4) Rabbits as household pets or as a hobby only, not exceed- ing four in number and the young thereof not exceeding four months in age; (5) In one family and two family dwellings or duplexes dogs and cats not to exceed three for each residential living unit in any combination thereof and the young thereof not exceeding four months in age; (6) In dwelling units other than one - family and two - family dwell- ings or duplexes one dog or cat per unit and the young thereof not exceeding four months in age; (7) Except in residential districts dogs used for guard or sentry purposes. "8. 02. 030 ANIMALS PROHIBITED. Except as provided in Sec- tions 8.02. 040, 8.02.050, and 8.02.060, no person shall keep or main- "tain or have in his possesion or under his control any poisonous or venomous snake or any wild, carnivorous animal. "8.02.040 ANIMALS PERMITTED -- CIRCUS. All animals enumerated in this chapter may be kept within the city in connec- tion with any circus, carnival or wild west show, or in conjunction with any parade for which a permit has been issued; provided, how- ever, that without the approval of the Director of Planning, animals may not be brought into the city more than twenty -four hours before the first performance of the circus, carnival or wild west show or the start of the parade, as the case may be, nor may animals be kept within the city without the approval of the Director of Planning for more than twenty -four hours after the conclusion of the last per- formance of a circus, carnival or wild west show or within twenty - four hours after the conclusion of a parade. "8.02.050 ANIMALS PERMITTED -- LABORATORY. All ani- mals enumerated in this chapter may be kept within the city in con- nection with a laboratory that holds a valid clinical laboratory per- mit issued by the State Department of Health. "8.02.060 ANIMALS PERMITTED -- SCHOOL. All animals enumerated in this chapter may be kept within the city in a public or private school licensed by the State of California. "8.02.070 PERMIT FOR KEEPING ANIMALS. Any person may keep animals other than or in excess of the animals enumerated in Section 8. 02. 02 0 and may keep the animals enumerated in Section 8. 02. 030 in the circumstances described in Sections 8. 02. 040, 8. 02. 050 and 8.02. 060 by securing a permit for the keeping of such animals. "8. 02.080 APPLICATION -- PERMIT. An application for a permit shall be initiated by filing a verified application on a form furnished by the Director of Planning stating fully the applicant's name, address, and telephone number; the number and kind of ani- mals for which a permit is requested; the number and kind of other animals kept on the premises; the type and location of caging, if applicable; and other information required by the Director of Plan- ning upon receipt of the application. The Director of Planning shall make or cause to be made such investigation as he deems appropriate. "8.02.090 CRITERIA FOR APPROVAL. The Director of Plan- ning shall issue or renew the permit if he finds: (1) That the issuance of such permit will not adversely affect the public peace, health or safety; (2) That the keeping of such animals will not violate any pro- vision of law; and (3) That the facilities for keeping such animals are humane and adequate under the circumstances as to security and sanitation. "8.02. 100 CRITERIA FOR APPROVAL - -FIRST PERMIT PERIOD. Notwithstanding the provisions of Section 8.02.090 the Director of Planning shall on any application filed with him prior to December 31, 1972, issue the permit if he finds that the applicant was lawfully keeping the animals applied for on July 1, 1972. -2- "8. 02. 110 EXPIRATION OF PERMITS. All permits issued on or before October 31 of any year shall expire on December 31 of that year. Any permit issued on or after November 1 of any year shall expire on December 31 of the next succeeding year. "8.02.120 APPEAL OF DECISION OF DIRECTOR OF PLAN- NING- -FEE. Any person dissatisfied with the decision of the Direc- tor of Planning may file an appeal of such decision with the Planning Commission by filing a written notice of appeal in letter form accom- panied by a fee of $25. 00, said fee to cover the cost of posting, postage, advertising and other costs incident to the proceedings. Said notice of appeal may be filed at any time after the decision of the Director of Planning has been made; provided, however, that an appeal may not be filed on the granting of such permit after ten days have ex- pired from the action of the Director of Planning in granting such permit. "8.02.130 PLANNING COMMISSION HEARING NOTICE - -PUB- LICATION-- MAILING. When an appeal is filed, the Director of Planning shall give notice of a public hearing by mailing a letter notice, first class mail with postage prepaid, to the applicant and to the owners of property abutting the boundary of the property that is the subject of the application for an animal permit, using for this purpose the last known name and address of such owners as shown upon the last equalized assessment roll of Los Angeles County. Such notice shall contain the address, a general explanation of the matter to be considered, and the time and place at which the public hearing on the matter will be held. "8.02.140 PLANNING COMMISSION DECISION BY RESOLU- TION. The Planning Commission shall announce its decision by reso- lution. "8.02.150 PLANNING COMMISSION DECISION FINAL. Any action by the Planning Commission on such matters shall be by the affirmative votes of at least three members of the Planning Commis- sion and shall be final and conclusive. "8.02.160 PLANNING COMMISSION NOTICE OF DECISION. Not later than fifteen days following the adoption of a resolution ordering that an appeal be granted or denied, a copy of the resolution shall be mailed to the applicant and to any other party requesting notice of the action. "8.02.170 GROUNDS FOR REVOCATION. Any animal permit issued pursuant to the provisions of this chapter may be revoked by the Planning Commission for cause. In the event the Planning Com- mission determines to initiate proceedings for the revocation of any animal permit said Commission shall adopt a resolution declaring its intention to revoke such permit and fix a time and place for a hearing on said resolution. No such hearing shall be held unless a copy of the resolution is mailed to the permittee not less than five days prior to the hearing. At such hearing the Planning Commission shall hear all evidence presented material to its determination and may revoke the permit following such hearing by resolution after it finds: (1) That the permit, or a prior permit of which the permit is an extension, was obtained by fraud; (2) That the permittee has violated the law in keeping such animal; and -3- "(3) That the animal or animals endanger the public peace, health or safety by reason of noise, dust, odor or sanitation. if SECTION 2. That Sections 9. 04. 100 and 9. 04. 110 of the 11E1 Segundo Municipal Code" are repealed. SECTION 3. That Ordinance No. 206, entitled: "AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, MAKING CERTAIN REGULATIONS WITH REFERENCE TO THE KEEPING OF SWINE WITHIN SAID CITY. adopted by the City Council on January 13, 1937, is repealed. SECTION 4. That this ordinance shall become effective at mid- night on the thirtieth day from and after the final passage and adoption thereof. SECTION 5. That the City Clerk shall certify to the passage and adoption of this ordinance; shall cause the same to be entered in the book of original ordinances of said city; shall make a minute of the passage and adoption thereof in the records of the meeting at which the same is passed and adopted; and shall within fifteen days after the passage and adoption there- of, cause the same to be published once in the E1 Segundo Herald, a weekly newspaper of general circulation, published and circulated within said City of El Segundo and which is hereby designated for that purpose. PASSED, APPROVED AND ADOPTED THIS 24th day of July__ 1972. ATTEST: City C er (SEAL) Z3.//13 qm&leei Mayor-o- Vayor-o-f f eCity of El Segundo, Ca i ornia STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I JANE D. HOUGH q41R-A ...... , City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of the said City is five; that the foregoing ordinance, being Ordinance No. . . . . . is a full, true and correct original of Ordinance No. .790........ of the said City of El Segundo, California, entitled: AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, AMENDING THE "EL SEGUNDO MUNICIPAL CODE" BY ADDING CHAPTER 8.02 THERETO AND REPEALING SECTIONS 9.04. 100 AND 9.04. 110 THEREOF RELATING TO ANIMALS AND REPEALING ORDINANCE NO. 206 REGULAT- ING SWINE. which was duly passed and adopted by the said City Council, approved and signed by the Mayor of said City, and attested by the City Clerk of said City, all at a regular meeting of the said Council held on the ...24th , day of .. MY ........... , 1972........ , and that the same was so passed and adopted by the following vote: AYES: Councilmen . Morgan, .Stephens, and Mayor Balmer ......... NOES: Councilmen .... N. OPe ................................... ABSENT: Councilmen McGill, and Nal , , ,,,, , ,,,, , , , , , , , , , , , , , , ............... ... .. .ge. I do hereby further certify that pursuant to the provisions of Section 36933 of the Government Code of the State of California, that the foregoing Ordinance No. .790.... was duly and regularly published according to law and the order of the City Council of said City in the El Segundo Herald, a weekly newspaper of general circulation, printed, published and circulated within said City and that the same was so published therein on the following date, to wit: ... .. ........ . t Clerk of the City of I43 Segundo, •California y Y (SEAL) By....................... ............ Deputy