HomeMy WebLinkAbout2769.~ : -- . . . _: ~~ ~°~
AN ORDINANCE OF THE COUNTY OF BUTTE
ADDING ARTICLE VII ENTTTLED "llANGEROU~u ANIMALS"
TO CHAPTER 4 OF THE BUTTE COUNTY CODE
TABLE OF CONTENTS
Chapter 4, Articl~ VII
Code Section Page
Sec~ion 4-41 Public P~atection From Animals ~-
Section 4-42 P~rmit Required for Dangerous Animals ~.
Sect~.on 4-43 ~efinifions 2
Sec~.ion 4-44 Dangerous Animal Permit Required 3
Sec~ion 4-45 Application Pracedure ~
Section 4-~46 Dispu~ed Identificat~.an o~ Domestic 3
Animal as I7angerous
Section ~-47 Permit Non-Transferable~ Void on Change of ~
Locati.on
Section 4-4$ Issuance of Permit far Danqerous Animal 4
Sectian 4-49 Expirat~.on and Renewal o£ Pe~znit 5
Section 4--50 Denial of Permit 5
Section 4-51. Ru~es and Regulations ~
Section 4-52 ~nspect~on $
Section 4--53 Re~croca~ion of P~rmit 9
Sec~ion 4-54~ Grounds for Sumnzary Seizcxre and ~mpoundment 10
Section 4-55 No~ice of S~ary Seizure and Impo~ndment 10
Sect~.on 4-56 Post Sei.zure Request for Hearing Z1
Section 4-5'1 Hea~ing Following Impoundment ~1
Section 4-~8 Re~tric~ions After Permit ~-2
Denial or Revoca~ion
5ection 4-~5 9 Va.olations ~ 2
Severabilit 13
QRDINANCE 2769
1
2 AN ORDINANCE OF THE COUNTY OF BUTTE
ADDING ARTICLE VII ENTITLED "DANGEROUS ANTMALS"
3 ~ TO CHAPTER 4 OF THE BUTTE COUNTY CODE .
4
THE BOARD OF SUPERVXSORS OF THE COUNTY OF BUTTE, STATE OF
5 CALIFORNIA, ORDAINS AS FOLLOWS:
6 Section 1: Article VII a.s hereby added to Chapter 4 of the Butte
7 County Code to read as follaws:
$ ARTICLE VI~. DANGEROUS ANIMA.LS
9 SECTZON ~-41 PUBLIC PROTECTI4N FROM ANIMALS
~p A.) Pro~ection Required. Every owner of an anima~. shal~ at
X~. all t~.mes:
12 1. Prevent such animal from biting or physically harassing
13 any parson engaged in a lawful act and f~om inter~ering wi.th the
~~ lawful use of publ.ic or pri.vate property.
~~ 2. Preven~. such animal ~~om aausing s~bstan~ial inju~y ta
lg another domestic animal whi~.e such domestz.c anima~ is ~awfully upon
1'7 public ar private prope~ty. "Substantia3. injury" means any injury
18 to an animaZ wha.ch resul.~s ~n v~~.erinarian treatm~nt o~ dea~h.
Yg 3. Desist from commanding or provoking suah animal to
2p attaek, sic or threaten a person when such per~on is peaceably and
2I law~ul~y upon public or private p~operty.
~~ B.) Exclusion. A trained dog assis~ing a peace af~icer
23 engaged in l.aw enforcement duties is excluded fra~n this section.
24 SECT~ON 4-42 PERMTT REQUIRED FOR DANGER4U5 ANIMAI~S
2~ The own.er of an animal identified as a dangerous animal shaZ1.
26 obtain and maintain a current, ~raZid Dange~ous Animal Permit issued
~7 pursuant to this Articl.e by ~he Director o~ Enviranumen~al Health.
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1 SECTION 4-43. DEFINITIONS
2 Unless the contrary is stated or clearly appears from the
3 context, the foilowing de~in~~ians shall govern the construction of
4 the words and phrases used in this Article;
5 A.) Dangerous Animal. The term a"dangerous animal" sha11 mean
6 any animal, excapt a f~ained dog ass~sting a peace o~ficer engaged
7 in ~aw enforcem~n~ duties or a food~producing animal being raised on
8 a commercial farm or ranch, which de~nonstrates one or more o~ the
9 following b~haviors ar characteris~ics:
10 1. An a~tack, without provocation, which requzres a defensive
11 ac~~on by any person to prevent bodily inju~y or property
l~ damage or ~hat resu~ts in an injury ta a person or praperty.
~3 2. Any behavior, without provocation, that consfitutes a
~4 physical threat of bod~.ly harm to a person when s~xch attack,
~5 injuxy or behavior occurs in a place wher~ such person is
~6 conducting himself or herself peaceably and ~awfully.
17 3. An at~ack, without provocatio~, on anofher animal, which
1g attack occurs off the proper~y o~ the owner of the at~.acking
~g animal.
2(] 4. An an~.mal that creates or cans~itutes a menace to the
21 public's health and sa~ety due to its training or inherent
~2 nature.
23 ~. A dog wrhich has scars or wounds r~rhich are attributable to
~~ fights or altercations with another domestic animal.
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1 B.} Animal Control ~fficer. The terzn "Animal Control Ofticer"
2 shall mean any person, whether an empl.oyee o~ the County of Bu~f.e,
3 an independent contractar or an employee of an independent
~ contrac~or, designated as an aniznal control officer by the Director
5 0~ I~ublic Health.
~ C.) Owner. The term "owner" shall mean any persan who owns o~
7 has any ownership or possessory interest in, possesses, keeps, has,
g maintains o~ harbors an animal.
g SECT~ON 4-44 DANGEROUS AN~MAL PERM~T REQiJIRED
Ip The owner of any dangerous an.imal, as defined in Section 4-43A
l~ shal]., within five (5) working days of receipt of written or aral
12 notifieation by an Animal Contro]. O#'ficer that said animal is
~3 dangerous, apply for a Dangerous Animal Pe~nit.
14 SECTION 4-45. APPLICATION PROCEDURE
ir~ An applicat~.on for a Dangerous AnimaZ Permit shal~. be subinitted
~6 in writing ~o the Director of Environmental Health. The application
1~ shall. be accompanied by a f~e of $100.00 and sha11 can~ain the name
1g of the applicant, applicant's address, the appZicant's home and
~g business phone numbers, the address and descri.ption of the proposed
2p lacation where the anima~. will be k~pt and a coznple~.e descrip~ion
21 and a co1o~ photograph of the animal.
~2 SECTSON 4-46. DISPUTED IDENTIF~CATZON OF DOMESTIC ANTMAL AS
23 DANGEROUS.
24 A.} Heari~ Request. Zf the owner o~ ~he animal disputes ~he
25 Animal Con~ro~ 4ffic~r's i~den~ification of the animal as a dang~rous
2~ aniznal, he or she may, within ~ive (5) working days o~' receip~ of
~7 th~ nota.~ication, submi~ a written req~est for a hearing to the
2g Direc~or af Envz.ronmenta]. Health. Failur~ of ~he owner ta make a
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1 timely request far a hearing shall resu~t in the anima~ being
2 dec~ared dangeraus, and the owner shal~ be req~ired to CO~p~~ wi~h
3 the requ~rements of Sections 4-42 and 4-44 to app~y ~or a permit.
4 B.} Hearing. A hearing pursuant to this section shall be
~ conduc~ed in an in~orma~ manner by the Director o~ Environmental
g Health. The heax~ng shou~d be held within ten (10) days af th~
7 receipt af the hear~ng request. The hearing may be continu~d if the
g Director of Environmental Health deems it necessary and praper or if
g the own~r or Animal Co~fro~ O~fic~r shows good cause. Bo~h the
lp owner of th~ animal and the Animal Con~rol Officer may prese~t
X~ relevant evidence and call and cross-examine wi~nesses, but the
12 stric~ rules of evidence shall not be app~icable. The Director o~
~3 Environmental Health or designated represe~tative shall render a
~4 brief wr~tten decision wi~hin ten (10) days of the conc~usion o~ the
~5 hearing. Said decision sha~~ be final.
j6 SECTION 4-47 PERMIT NON-TRANSFERABLE; VOID ON CHANGE OF LOCAT~ON
1~ A permit obtained under this section is not transferable. If the
~g permittee's address ar the Zocation where th~ animal is kept
19 chang~s, o~ the animal is sold, assigned, donated, leased or
2q otherw~se ~ransferred or disposed of, the permit automatically
21 becomes void and a new app~ication must be ~ubmitted to the Dzrec~or
22 0~ Environmental H~a1~h pursuant ~o Section 4-45 above.
~3 SECTTON 4-48 ~SSUANCE OF PERMIT FOR DANGEROUS ANIMAL
2~ mhe issuance o~ a Dangerous Ana.mal Permit shal~ be conditioned
~5 upon the animaZ owner pro~nising in writ~.ng to comp~.y wi~h ~.he Rules
2~ and R~gulations specified in Section 4-51 below and to any
2~7 reasonabZe criteria related ~o the proper ca~e, control, maintenance
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and use of the animal which the D~xec~or of Environmental Health
shall ~stablish.
SECTION ~-49 EXPIRATION AND RENEWAL OF PERMIT.
A permi~ issued pursuant to this Artic~e sha11 be valid for one
year un~ess it becomes void pursuant to Section 4-47 or is revoked
pursuant to Sectio~ 4-53. If the p~rmittee ~ai1s to f~1e an
application for a new perm~t pursuant to Section 4-45 above prior ta
the permit anniversary date, the permit shall automaticalZy become
void.
SECTION 4-50 DENTAL 0~' PERM~T
A. ) Grounds. The Director of En.vi~rorut~ental Health may deny a
Dangerous Animal Perznit in any o~ the follvwing situatzons:
1. When the applicant or p~rmit holder has will~ully
withheld or fa~sified any informa~.ion req~ired for a perm~.t.
2. x£ the applican.t or perFn~t hol.der has been con.victed
wa.thin the past five (5? years, by a court of law, for any violatian
of this Article, or any other law(s} ~~lating to anima].s, pubZic
nuisance caused by animals, o~ cruelty to animals, in this or any
oth~r sta~.e. For purposes o~ this Section, a for~eiture of bail
shall be deemed to be a convic~ion of the o£fense charged.
3. Whenever the aninnal awner fail.s to aZ1.ow the Animal
Cantrol Officer ar oth~r designated represen~.ative to conduct an
inspec~.ion of the owner's proper~y where the animal is kept or
proposed ~o be kept.
4. Whenever the owner af the dangerous ani.mal fails to
compl.y with any o~ the Rul~s and ReguZatioz~s of Section 4-51.
5. Whenever an at~ack aqai~st a hunnan being by the aninlal
has resulted in substantial. injury or fatality.
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B.} Surrender or Remova~ af Animal. Upon writt~n or oral
notzfica~ion being given that a Dangerous Animal Permit has been
den~ed, the awner o~ such animal shall, within three {3) caiendar
days o~ s~ch notification, surre~der said animal to the Anima~
Control Of~ic~r or provide wri~ten proof to ~he Director of
Environmental Health in the form a~ a declaration under penalty of
perjury that such animal has been permanen~~.y removed from the
County of Butte to an ~denti~ied location.
SECTION ~-~1 RULES AND REGULAT~ONS
The awner af a dangera~.s animaZ shall comply wi.th the ~ol.lowing
rules and regula~.ions;
a. Tn~hen the animal is of~~ iche praperty of i~s owner it mta.st
be restrained with a leash no~ to exceed three feet in
length and shall be under the direct control of a
respons~.b7.e adult capable of restraining such animal.
b. The animaZ must be inaintained so ~hat it is not a threat ta
any mai~ carrier, sanitation worker, meter reader, or other
person who has the lawfuZ ~ight, eith~r by expressed or
impl~.ed consent, to enter the property where the animal. is
kept.
c. The animaJ. shall not be allowed upon any unenclosed pre~nise
unless it is leashed and contro~led by a responsi.ble adult.
The animal shall not be tethered, tied or staked on any
unenc~osed pr~~nase.
d. The anima~ sha1.1 be kep~ in a fenced yard, kenne~, run or
enclasure approved by the Animal Contro3. Officer and
maintained in such a manner ta ensure that it is always
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secure to keep the an~mal inside.
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e. Each entrance to the property where the animal is kep~ sha~1
be pasted w~th a 1eg~ble sign, conspicuous to the pub~ic,
warning persoms of ~he presence o~ said dangerous anima~ and
containing an accurate description ar picture thereof,
~. The owner sha~1 notify a11 persons residing in the same
househald or on th~ same premises that the ~angerous Anima~
Permit exists and of the conditions of said permit.
g. AlI Zoca~ and s~ate laws regarding the care, use, controZ
and main~enance o~ animals shall be strictly complied w~th,
h. ~n addition to any registration tag required to be warn
pursuant to this Chapter, the animal shall at aI~ tim~s
wear a separate tag issued by the Director o~ Environmental
Health designating i~ as a dangeraus anima~.
i. ~he Dangerous Animal Permit Numb~r ass~gned ~o it shal~, at
the expense o~ the anima~'s owne~ or possessor, and within
twenty {20) days o~ ~ssuance o~ said per~mit, be tattooed
upon the animal by a licensed veter~narian or pexson trained
as a tattoois~ and authorized as such by any s~ate, county
or ci~y law.
1.) The ta~too sha~l be placed inside the r~gh~ ear of
the animal unless otherwise directed by the Directar of
Environmenta~ Health.
2.) For the purposes o~ this Section "tattoo" sha11 be
defined as any permanen~ numbering of a dangerous
animal by means a~ indelible ar permanent ink with the
permit numb~r or any o~her permanen~, acceptable method
of ~attooing approved by the Director of Environmental
Hea~th.
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1 j. ~rior to the issuance of the permit, the owner sha1l submit
2 to ~he Dir~ctor af Environment Health proof of his a~ her
3 ~inancial responsibili~y to pay, at a11 times during the
4 term of the permi~, damages ~or bodily injury to or death of
5 any person or persans which may resu~~ fram the owne~ship,
6 keeping or maintenance of such animal. S~ch praof shall be
7 in a form satis~actory to the Director of Env~ronm~ntaY
8 Hea~~h. Submission o~ a certifica~~ o~ insuranca duly
9 executed by an insurance company or companies authoriaed to
~p transact business in ~he State of Ca~ifvrnia and cert~fyinq
lI that the owner has in ~u~~ ~orce and effec~ ~iahili~y
12 insurance in a minimum amount of One Hundred Thousand
~~ Dollars (~~OO,Q00.00} for bodily in~ury to ar death o~ any
X~ person or persons which may result from ~he ownership,
1~ keeping or maint~nance of such animal shall be deem~d
16 satisfactory praof o~ ~inancia~ responsibili~y. Any such
17 cer~iFicate o£ insurance shall specify that the insure~
18 shal~ advise the Director of Environmenta~ Health at ~east
~g ~hirty (30} days in advance of cancellation, material change
20 ar non-renewal of such policy of insurance.
21 SECTION 4M52 iNSPECTION
22 Permits issued puxsuant to ~his Articl~ sha11 pravide that, as a
23 condition ~or issuance, the premises upon which an animal is
24 maintained shaZ~, upon the request of the An.~mal Control Of~icer, be
25 opened at any r~asanable haur for inspection by the Anamal Control
26 O~~zcer,
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1 SECT~ON 4-~3 REVOCATI4N OF PERMIT
2 A.} Grounds. Subject to the provisions o£ Subsect~on (B) below,
3 any Dangerous Animal Permi~ issued pursuant to this Artic~e may be
4 revoked by the Director of Environ~nenta~ Heal~h if he has reasonab~e
5 cause to believe any of the following is true:
6 {1) The permitt~~, or the person caring for or having
7 control or possession of the animal, has v3olated any ~ocal animaZ
$ ordinance, zoning, health and safety or building ordinance or Penal
9 Cod~ seetion xelating to the keeping, care or use of any animals.
10 (2) The permittee or the person caring far or having
11 control or possession of ~he animal has violated or allowed ~o be
12 violated any rules, regulations or canditians of the Dangerous
13 Animal Permit.
X4 B.) Notice. ~f, after investigation, the Director o~
15 Environmental Heaith concl.udes that an~ ar more of the above grounds
16 for revocation has occurred, he shall cause written notice thereof
17 to be transmi~ted by mail to th~ address of '~he perinittee. Said
i8 notice shall speci£y the grounds of passible revocat3on of the
19 permit and shall specify a date and ~ime for an informal hearing to
20 be held before the ~irector of Environmenta~ Health. Said hearing
21 date shall be not less than five (5} days subsequent to the date the
22 notice is mailed. Af~er the in~ormal hearing, the Director of
23 Environmen,tal Health may ~nodify the terms of the permit or revake
24 ~he permi~.
25 C. ) Surrender or Remova~. of Animal. Upon written or ora1.
2fi notif~ication of the revocation of a Dangerous Anima7. Permit, the
27 owner of such animal shall, within three {3) calendar days o~ such
28 notification, surrender said animal ~o the Animal Control Officer or
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provide wr~tten proof to the Director of Environmental HeaZth in the
~orm of a dec~ara~ion under penalty af perjury that such animal has
been permanently removed from th~ County o£ Butte.
SECT~ON 4-5~ GROUNDS FOR SUMMARY SEIZURE AND IMPOUNDMENT
Notwithstanding any other provision a~ this Art~cle, the Director
of EnvironmentaZ Health, an Anima~ Control Officer or a Peace
Officer may summarily seize and impound an animal pending any
hearing pursuant to this Article where the~e are reasonable grounds
to beZieve that the animal:
a. ) Poses an immediate threat or danger to the public or to an
animal.'s heal.th and safety; or
b.} Has demonstrated one or more of ~he behaviars o~
charaateristics set out in Section 4-43 and does no~ have a
val.id Dangexaus Ani.mal Per~na.'t; or
c.) Is subj~ct to a valid Dangerous Animal Permit, and has no~
been kept or ~-aintained in accordance with the terms
thereof .
SECTIQN 4--~5 NOTICE OF SUMMARY SEIZURE AND iMPOUNDMENT
A.) Tf the owner of ~.he animal is not present when ~he animal is
seized and impounded, the Animal Con~ral Officer shall post a notice
of~ such impaundment on the fron~ doar or other appropriate place a~
the residence of such persan, which n.otice sha.ll s'~ate:
(1) That the animal has been impounded;
( 2} Where the animal is being he1.d;
(3) The name, address, and te~.ephone number of the agency
or person to be contacted regarding release of the animal;
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(~} The consequences as speeified in Section ~-56, of not
requesting a hea~ing with~n seventy-two (72? hou~s of the animal`s
seizure
B.1 I~ the owne~ a~ the animal is present at the time of the
seizure, that person sha~l be given a writ~en natice with the same
infarmation as speci~ied in Subsection {A? abov~.
SECTION 4~56 POST SEIZURE REQUEST FOR HEARING
A.) If the ownex of the animal seeks to have the animal ~eleased
~rom impoundment, that person shall submit a req~est far hearing to
the Director of Environmental Hea~th wi~hin seventy-two ho~rs of the
seizure.
B.) The said seven~ywtwo hour period does not inal~de the days
fhe impounding agency is closed to the publie.
C.) If no request for hearing is submitted as spec~fied in
Subsection (a), a letter sha1l be sent by certified mail to the
animal owner's Ias~ known address notifying him or her ~hat the
animal may be destroyed or oth~rwise disposed a~ ~ollowing one-
hundred-twenty hours ~rom the seizure.
SECTION 4-~7 HEARING ~OLLOWTNG ~MPOUNDMENT
A.) Hea~ing da~e. Except as oth~rwise provided, the owner of
any animaZ impounded pursuan~ to this A~~icle is en~itled to a
hearing conducted by the Director of Environmenta~ Health within ten
{10) days of receipt o~ a requ~s~ for hearing.
B.) Continuance. A hearing may be continued i~ the Director of
Envi~onmental Health deems it necessary and proper or i~ the owner
ar the Animal Con~ro~ Officer shows good caus~.
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~ C.) Evid~nce. The owner of the animal and ~he An~mal Control
~ Offic~r may present relevant evidence and call and cross exam~ne
3 witnesses, but the strict rul~s o~ evidence shall not be applicable.
4 D.} Dec~sion. The Director of Environmental Health ox
5 designated representativ~ shall render a brief w~~tten decision
6 within ten (10) days of the conclusion of the hearing. Said
7 decision shall be ~ina1 and may:
$ (1) Order that the animal will be destroyed, i~ the animaZ
9 has bitten or injured a person or domestic animal;
~p {2) Dec~are the anima~ to be a Dangerous Animal as defined
11 in Section 4-43; o~
~2 (3} Require the awner or possessor, be~ore the animal is
13 re~eased ~o his ar her custody, to obtain a Dangexous Animal
14 Permit pursuant ta this Article.
15 SECTION 4-58 RESTRICT~ONS AFTER PERMIT DEN~AL 4R REVOCATION
I6 Any person who has had a Dangerous Animal Permit denied or
17 revoked purs~zant to this Article shall not own or hav~ any ownership
i8 or possessory interest in, possessr keep, have, maintain, harbor or
19 b~ in charge of any dangerous animal for a period of three (3} years
20 from the date said animal was declared dangerous pursuant to this
2~ Article o~ ~rozn the denial oa~ revacation of the permit, whichev~r
22 date is later. The Director of Environmental Health shall. not issue
23 or renew any Dangerous Animal Permit to or for said person within
24 said three (3y year period.
25 SECT~ON 4-~9 VTOLAT~ONS
26 A.) M~.sdemeanor; ~ach D~ a Separate O~fense. Any anamal owner
27 violating any pravision of this Ar~icle or any of the tern~s or
28 condit~.ons of a Dangerous Animal Permit issued hereu.nder shaZl be
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deemed gui~ty of a misd~meanor. Each and every day or por~ion
thereof that such person v~olates or continues ta violate any such
provision, terms or conditions constit~tes a separate offense and
may b~ charged and punished separately without awaiting conviction
of any prior violation.
B.) Nuisance. Any vio~ation of any p~ovision af this Artic~e or
any ot th~ terms ar condi~ions of a Dangerous Animal Permit issued
hereunder is hereby declared to be a p~blic nuisance and may be
abated as provided by 1aw.
C.) R~medi~s Cumulative. The remedies prov~ded in this Artic~e
are c~u~-ulative and not exc~usive. Nothing in this Ar~icle bars any
legal, equitah~e, admi~istrativ~ or 5ummary remedy to which any
aggrieved public ag~ncy, person, firm, corporation ox partne~sh~p
may otherwise be entitled.
Sect~an 2: Seve~abi~ity.
If any sec~ion, subs~ction or portion af this ordi,nance is ~or
any r~ason held to be invalid or unconsta.tut~.ona1. by the decision of
any court of competent ~~risdiction, such d~cision shall not affect
~he vaZidity of the remaining sections, subsections, or portions of
this ox~dinance. The Board of Supe~visors hereby dec].a~es that it
would have adopted this ordinance and each section, subsection or
portian thereof, irrespective of ~h~ fact that any one or more
section, subsec~ions ar portions be declared invalid o~
unconstitutional.
Section 3.
This Ordinance sha~7. be and it is he~eby declared to be in full.
~orc~ and ef~~ct ~rom and after thirty (30) days a~ter the date of
its passage, and before the expiration of fifteen {I~) days after
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1 its passage, th~s Ordinance shal~ be published once w~th the names
2 of the members of the Soard of Supervisors votzng ~or and against it
3 in the ~r0vi17e
_ Mercury , a n~wspaper published in the County
of Butte,
4 State of Ca1.i~ornia.
5 PASSED AND ADOPTED by the Board o~ Supervisors of ~he Coun~y of
6 Butte, State of Cal.ifornia, on the 25~h day of JuTy , 1989, by
7 the ~ollowing vo~e:
$ AYE S: Supervisors Mcln~urf, Dolan, Vercruse
9 NOES : Supervi sors AicLaugh7 i n and F~~ ton
lp ABSENT : tVone
11 NOT VOTTNG: None
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13 LE ULTON Chairman
Bu e Caun~.y Board of Supervisors
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X5 ATTEST:
~~ WILLIAM H. RANDOLPH ~
Chie~ Administrati.ve O~ficer
17 and Cl.erk of th Board
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Msg/WS4/vicious5.ord 7/3/89