HomeMy WebLinkAbout2828REVISED 3/3U/90
AN ORDINANCE AMENDING CHAPTER 4
OF THE BUTTE COUNTY CODE
REGARD~NG ANIMAL C~NTROL ORD~NANCE
TABLE OF CONTENTS
Gode Sec~.ion Page
Section 4-1.4 Penalty for violation of Sections
4-Z, 4-I.1, ~-1.2, 4-1.3 and 4-~.5 1
Secta.on 4-2 Registra~ion req~ired of dog owners 1
Section 4-3 Licen~e required of kennel owners 2
Section 4-~ Fees; late registration 2
Secti.an 4-4.~ Definitions ~
S~ction 4-6 Vaccination - Requz.red before
regis~.ration 4
S~ction 4-11. Fees for impouncunen~, board and
transport 4
S~ction 4-12 ~sol.atzo~, quaranti~e, etc. a~
suspECted rabid animal or
bitin.g animal; impounding 5
Section ~-14.1 Enforc~ment of article 6
Section 4-21 Aninta~s at Large -- Prohibited 6
Section 4-3Q Wild o~ Exotic Anima~s - Pern~it
requi~ed 7
Section 4-32 Renewa~ permi~ 7
Section 4-3~4 Revocation and suspension 9
Seation 4-~37 WiJ.d ar exotic animal defined 9
Section 4-40 Notice to Appear in Court -
Issuance autharized I1
S~veraba.lit~ ~~
Ordinance ~o. 2828
1 AN ORDTNANCE AMENDING CHAPTER 4
QF THE BUTTE COUNTY C~DE
ry REGARDING ANIMAL CONTROL ORDINANCE
~ THE BOARD OF SUPERVISORS OF THE COUNTY 0~ BUTTE, STATE OF
CALIFORNIA, ORDAINS AS FOLLOWS:
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1.. Sect~.on 4-1.4 0~ the Btxtte County Code is hereby amended to
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read as foll.ows:
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"Sec. 4-1.4. Penalty for violation o~ Sections 4-~., 4~-1.1,
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4--I.2, 4--1.3 and 4-1.5.
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Any persorz violating any provisi.on of Section 4-1., 4--1. 2{e) or
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4-1.2 (f) , shalZ be gu~,Ity of an i.nfraction, punishable by fin~ or
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fi.nes o~ not less thar~ ~ifty dollars ($50.00} ~or the f~rst offense;
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of not less ~han one h~ndred and fifty dollars ($150.00) for a second
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of~ense; and of not ~ess than ~.hree hundred dollars ($300.00} fo~ a
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third or subsequent of~ense. The first, second, third and subsequent
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of~enses shaZl be accumul.ated and counted within any twel.ve (12)
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consecutive mo~th p~riod. No part af these fines may be suspended.
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Any person vioZating any provi~a.on of Section 4-l, 4-1.1. 4-1.2
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or 4-1.3, other than those set forth in the above paragraph, sha1~ ba
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guil.ty of a misdem~anor.
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2, Section 4-2 of the Butte County Cod~ is hex~eby amended to
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read as folZows:
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"Sec. 4-2. Registration required of dog owners.
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Every person wha lives in the unincorporated area of ~.he caunty
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and who owns or keeps a dog that is over four (4) mon~hs old shall
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register ha.s or her dog within thirty (30) days after:
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(a) Such dog reache~ the age of four (4) monfhs;
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{b) Such person moves into ~he unincorporated area of the
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(c) Such person acquires the dog.
Rega.stration sha~~ be accomplished by purchasing a Ia,cense from
the Poundmaste~ or his or her du~y autharized desi.gnee. Dog licenses
may be purchased and issu~d in one, two, or three year increments.
The initzal iicense issued for any dog may be issu~d for a minimum
period of six months. The date o~ expiration of any 1.icense issued
hereunder sha~l not be later than the vaccin~ expirata.on date based
upan the latest compendi.um of Ca~.ifornia li.censed vaccines."
3. Sec. 4-3 of the Butte County Cod~ is hereby amended to read
as follows:
"Sec. 4--3. License required of kennel owners.
Every person who owns or controls a kenne~. or other p3.aee a.n the
unincorporat~d areas o£ the county where more than five i~? dogs over
the age of four (4) nlonths are kept, for any purpose whatsoeve~, shall
obtain a kennel lic~nse within thirty (30) days after th~ kennel is
established and aannua~ly therea£ter.
4. Sec~.ion 4-4 af the Butte County Code is hereby amend~d to
read as follows:
"Sec. 4-4. Fees; late registrat~.on.
(a} The f~ee for kenne7. licenses shall be based upon the capacity
of the kenne~. as follaws:
' Do Ca acit Amo~.nt o~ Fee
~-~o S ~a.oo
11-49 100.00
~p-gg 1~0.00
100 or more 500.00
Sn the event a k~nne~. liaense ~s not obtained du~zng the applicabl.e
periad specified in Sec. 4-3 above, there shall be a la~.e fee of $2~0
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in addi~ion to the appl3cable kennel Iicense fee.
(b) Dogs maintained in a kennel licensed pursuant to th~
provisians of this chapter are not subject to the license fees
speci~ied in subsectz.on (d) below.
(c) A13. dogs maintained in the kenneZ shall be vaccinated
against rabies in campliance with Cali~ornia 1aw and sha~.l wear a
collar and a tag p.~ovided at ~.he expense of the k~nn.el owner ar
operator. Such tag shall iden~.ify the kennel awner an,d ~he applicable
Butte Coun~y Iiennei License numbe~.
(d) Dog Zi.cense fees shall be as ~ollows:
Unspayed/Unneutered Fee:
Annual fee $20.00
Biennial fee $35.00
Triennial fee $45.00
Spayed/Neutered ~ee:
Annual fee $IQ.00
Biennia~ £ee $17.OQ
TrienniaX fee ~22.OU
In addition, the following fees shal~ be charged as applicable:
Late registration ~ee $20.00
Ownership Transfer fee 5.0~
Replacement registration tag 5.00"
5. ~ection 4-4.~ is hereby added to the Butte County Code to
r~ad as foZlows:
Sec. 4-4.1. Definitions.
For purposes of this chapter, the folZowing words and ph~ases
sha~.~ hav~ the meanings respec~ively ascribed to ~hem by this sect~.on:
"Po~ndmaster" sha~1 mean that person duly designa~ed as
Poundmaster by the Soard af Supervisors. The terms "chief animaZ
control officer", "chie~ of anima~. cantrol" "rabies con.tra~ program
coordinator", and "rabies prevention caardinator" sha~.]. be deemed to
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~~~er to and include "Pound.master".
"Pound" or "an~mal control shelter" shall be deemed to include
any pound ~acility owned or operated by the Caunty o~ Butte or
operated p~rsuant to a contract with the County ot Butte or ar~y other
facility designated by the Poundmaster as a plaee of impoundment.
6. Section ~-6 0~ the Butte County Code shall be an~ended to
read as foll.ows :
"Sec. 4-fi. Vaccination - Required b~fore registration.
No registration tag shall be issued for a dog unless proof has
been p~esented that said dag has been vaccina~ed against rabies at a
date such that the period of ti~ne e~apszng from the da~e o£
vaccizzation to the expira~ian o~ the registra~ion being issued shall
'not exceed thirty-six (35) rnonths in the case of vacc~.nation with a
vaccine approved for use by the Cal.ifornia Department af Health ~or a
durat~.on a~ immunity of thirty-si~ (36) months."
7. Sec. 4-11 a£ the Bu~te County Code is hereby amended to read
as foI.lows:
"Sec. 4-li. Fees for impoundment, boarding and transport.
The Poundmaster sha11 charge and collect fees from animal owners
for ~he redemption o~ impounded animal~ according to the fo~.lowing
schedu~e:
(I) Impoundment: Fees
lst impoundment, per animal ~25.00
2n~d impoundment, per animal ~0.00
3rd and subsequent impoundments, per an.z,ma~ 60.00
~2) Boardin ~ee, er da :
Boarding Fee, per.day, for dogs and cats 7.50
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Pou~try, rabbits and other sina~.lwsize
animals
Goats, pigs & other medium-size anima~.s
Harses, cows and other large-size ana.mals
(31 Transport fee:
Poultry, rabbits, cats and ather small-size
animals, per trip from each ~ocation
2.00
5.00
10.00
15.00
Goats, pigs, dogs and athe~ mediun~-size
animals, per trip from each locat~on I5.00
Horses, cows and other larg~-size animals. Actual cost
The first, second, ~hird and subsequent impoundment5 0~ an animal
or animals sha11 be accumulated and counted within any ~welve (12)
consecutive inonth period."
8. Sec. 4-I.2 af the Butte County Code is hereby amended to read
as follows:
"Sec. 4-Z2. Iso~ation, quaranti.~ne, etc., of suspected zabid
animal or biting animal; impounding.
Any animaZ. which has bitten a person, or which has been in
inta.mafe contact with a known or suspec~.ed rabid animal, or which is
rabid or suspected of being rabid, shall be quarantined in a manner
set for~h by the Health Of~icer pursuant to sections 1900 -~ 1922 of
the Hea].th and Safety Code, and sections 26U4 - 2606.8 af the
California Admz.nistra~.ive Code, t~.tle 17, Either the Foundmaster or
the Health Of~icer may order s~ach quarantine. Tf the animal is
quarantined at the pound or othe~ designated facility upon order o~
the Health Officer or Poundmaster, said animaZ may be redee~ed by the
o~,rner a~. the end of the quarantine or isolation period upon payn~ent of
the cost o~ boarding and feeding such anixnal while so quarantxned.
Dogs quarantined purs~zant to this section may be redeemed by the owner
at the end of the quarantine or isolation period upon payment o~ a11
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fees, in.cluding but not lir~ited to, impoundment, boarding, licensing
and vaccination fees. Dogs not redeem.ed within 72 hours af ~he end of
a quaran~ane or iso~atian periad shall be deemed abandoned by the
awner and sha1.Z becoine ~he property of the County of But~.e for
disposal or other disposition. "
9. Sec. 4-14.1 of the Butte County Code is her~by a~nended to
read as follows:
"Sec. 4--14.1. Enforcement of articl.e. ,
It shall be the duty o~ the Directox of Public Hea1~h or his
des~.gnee to exercise staff supervision over the animal control pragraxn
and to ass~st the Poundmaster in carrying out the provisions of this
article, in acco~dance with the then-current county budget as adopted
iby the Board of Supervisoxs."
10. Article IV of Chapter 4 vf the Butte Co~nty Gade is hereby
~amended to read as ~oll.ows:
"ARTICLE IV. ANIMALS AT LARGE,
Section 4-21. Prohibi.ted.
~t shall be un~.awful for any person oG,rning or having the contx~o~.
of, ar being the keeper of, any horse, m~xle, cow, goat, sheep, hog,
ass, oz do~n~stic ~ow~., to permit th~ san~e to run at ~arge upon or
g~aze or feed upon any public street or unfenced lot in th~ county.
Any ani.mal so running at larg~ snay be iEnpounded, and, i f such anin~al
is nat cl.aimed within a period o~ seventy-two hours, such animal may
be dz.sposed of. Any anima~ impounded may be claimed by the awner, ~.f
the owner pays the Poundmaster o~ his or her duly authoriaed designee
the applicable ~ees as set forth in Section 4--11 of this code."
],~. The ~i~le to Ar~icle V. of Chaptar 4 0~ the Butte County
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`'~ ~~ Code is hereby a~nended ~o read a:s fallaws:
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'ARTICLE V. WILD OR EXOTTC ANIMALS"
12. Sec. 4--30 of the B~.tte County Code is h~~eby amended to
I read as follows:
"Sec. 4-30. Perm~.t required.
No person sha~1. own, possess, keep, have, maintain or harbor any
wild or exotic ani~na~ without first applying to and receiving from the
Poundmaster or his or her duly authorized designee a perina.t to do so."
13. Subsection (b) of Sec. ~-31 0~ the Butte Coun.ty Code
entitled "App~.i.ca~ion and fee" is hereby amended to read as fallows:
"(b) Th~ initzal fee for the iss~ance of each perm~t sha1.1. be
fi~ty dollars ($50.00), and the permit shall be val.id for a period of
one year ~rom the dat~ of its issuance unl.ess revoked or suspended.
The ~ee shall cover eith~r one animal or a aol~.ection, and the maximum
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Inum.ber of specimens perm~.tted to be kept shall be sp~cified in ~he
permit. V~henever a n~w ani~nal or col.l.ection ~.s adaeci sa as to exceea
the maximum number permitt~d, a new permit must be securec~ and a new
£ee mus~ be paid, subject to the exceptions in the next paragraph.
The fee shal~ be due and payable at the time o~ iss~ance o~ the permit
and sha11 be a prerequisit~ of such issuance."
14. Sec. ~-32 of the Butte County Code is hereby amended to read
I as ~'o].lows :
"Sec. 4-32. Renewal peru~it.
(a) Each s~.cceeding year a renewa~ permit sha1Z be obtained by a
ho~.der of a permit to keep wild or exotic anima~s. The fee ~or
~.ssuance of a renewaZ p~rmit shall be fifty dollars ($50.00? , and i.t
is due and payable each year an the anniversary of the date of the
issuance of the initial permi~. zf during the preceding year or
yearsr more ~han one initial permi~ has been i~sued an appl.icant, the
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forn~er permits may be aonsolidated so tha~ only one renewal permit is
requi~ed; provided, however, that the ren~wal da~.e ~or the
consolidated permit shall be the da~e o~ the issuance of the earla.est
initial pexn~it.
(b) A renewal fee for a wild or exo~ic animal permit sha~.l
become delinquent thirty (30) days after it becomes due and payable,
and upan del~nq~ency, an addition.al deiinquent fee of twenty-five
dollars {$25.00) sha~l be added to the regu~ar fee. An unpa~.d
'delinquent fe~ shall be added to a succeeding year's renewal fee."
15. Subsection (c) of Sec. 4~-33 of the Butte County Code
~n~itled "Approval of Application" is hereby amended to read as
fol~ows:
"(c) Upan approva~. by the departmen~s of an application far an
initial permit or upon the receipt of an application for a rezzewal
permit, the Poundrnaster sha11 make any i.nvestigation he or she deems
~proper. He or she shal7. approve an application if he or she finds a1.~
~of the following:
(1) The keep~ng o~ ~he wild or exotic animal a~ the location
specified in the applicata.on will not vioZa~.e any 1aw or ordinance o~
th~.s county or any ~.aw o~ the state;
(2) The keepinq and main~~nance of the wi~d or exotic animal
W~ii not endanger the peace, health ar sa~~~y of persons in the
immedia~e vicinity, or in the county as a who~e;
~3) The premises and housing where the wild or exotic animal is
to be kept are in a clean and sanitary con.d~.tion, and any wild or
e~otic animaZ wi3.1 not be s~.bjact to suf~'ering, c~uel~y or abuse;
(4) The applicant has not had a permit provided for herein
revaked within a year prior to the date of application; and
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(~) The keeping and main~enance o~ the wiZd or exotic animal
does not constitute a public nuisance."
16. Sec. 4-3~ of the Butte County Code is hereby amended to read
a5 ~oiioWS:
nSec. 4-34. Revocation and suspension.
Any permit issued pursuant to th~s Artic~e may be revoked or
susp~nded as herein provided if, after investigation, ~he Poundmaster
finds any of the following to be true:
(I) The owner, hzs agent or employee has been co~v~cted o~ any '
of~ense invalving the violation of section 597 of the PenaZ Code, or
any provision of this Article, or is in violation of the zaning,
hea~th and safety or building ordinances relating to the keeping o~
wild or exatic a~zmals; or
(2} The owner has fai~ed ~o keep and maintain the premises or
housing for the wild or ~xotic animals in a c~.ean and sanitary
condition; or
(3) The owner has at the place for which the permit is issued,
failed to provide any wild or exotic animal wi~h proper food, water,
shelter or attentian; or
(4) The owner has vi.olated any ru7.es, regulations or conditions
adopted by the Poundmaster as necessary ~o insure that the wild or
exotic animal wa.ll not ~ndanger the safety of any person or property."
17. Sec. 4-37 af the Butte County Code is hereby amended to read
as follows:
"Sec. 4-37. Wild or exotic animal def~.ned.
Wild or ~xoti.c an~mal means any of the foZl.owing:
{~.) Fo~.lowing members of the Class Reptilia:
1 a. Order Ophid~a (such as, but not 13mited to,
racers, boas~ water snakes and pythons) over eight
~ ( 8} feet in length; and
3 b. Order Lorica~a (s~zch as, but not limited to,
alla.gators, caymans and crocodilas) over four (~}
~ feet in 1eng~h.
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( 2) FolZowing me~nbers af the Class Aves:
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a. Order Falconiformes (such as, but not limited
~ to hawks, eag7.es and vultures, which are not kept
pursuant to federa~ or state permit); and
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b. Subdivisian Ratitae {such as, but nat limited
9 to ostra.ches, rheas, cassowaries and emus).
1~ (3) Following members of ~he Class Mammnalia:
11 a. Order Carnivara, expressly excepting the
domestic dog {cani.s fami~iaris) and th~ don~estic
12 cat (feli.s catus) , but including, but not limited
to, the family Felidae ~SLiC~1 as ocelats, margays,
~3 tigers, jaguars, ~.eopards and cougars) , the famil.y
canidae (such as woives, dingos and jackals, and
14 hybrids of wolves, dingos and jackals, but
exc~p~.ing coyotes);
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b. Ord~r Marsupialia (such as kangaroos,
~5 exc~pting oposs~zns;
17 c. Order Chiroptera (bats);
1~ d. Order Eden~a~a {such as sloths, anteaters and
armadil.Zos) ;
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e. Order Proboscidea (elephants);
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~. Order Pximata (including, but not limited to
~~ chimpanzees and gorillas, exceptin.g monkeys}; ~nd
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`'2 g. Ordex Ungulata (expressly excluding any animal
which wouZd be incZt~ded with~,n the defin~tian of
`-'~ "domestic animal" and includ~.ng, but not limit~d
to antelope, deer, bison and excepting therefrozn
`~~ camels. ?
`'r~ (4) Any nondomestic species wh~n kept, maintained or harbored in
9~ such a mann~r as to con.stitute the Iikel.ihood of danger to th~ animals
`'7 themselves, to human beings or to the property of human beir~gs or to
9~ the property of human beings.
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(5) Any species of anz.mal which is venomous to human beings,
whether it is venom transmitted by bite, sta.ng, touch ar other means,
e~cept honey producing bees."
18. Article V2. of ~.he Butte County Code is hereby aznerzded to
read as follows:
°ARTTCLE VI. NOTICE TO APPEAR IN COIIRT
Sec. 4-40. Issuance authorized.
The County of Bu~te hereby authara~zes the Health O~ficer,
Poundmaster, Envi~onmental Health Specialis~, and eznployees of its
Health Depar~ment's Rabi~s Cor~trol and Animal Cantrol Programs, to
issue notices ta appear in court pursuant to chapter 5C (comFnencing
Iwith sec~ion 853.5) o~ titl.e 3 of par~ 2 of the California Penal Code
~or vio~.at~ons o~ this chapter. The Heal~h O~~icer ar Poundmaster may
authorize humane afficers appointed pursuant to division T, secti.on
607f, o~ titZe 4 of part 4 of the California Ci.vil Coda to issue such
noti.ces to appear,
No sueh officers, employees and authorized human~ o~ficers,
however, sha11 be authorized ~o take any person into custody even
though the person to whom the notice is dela.vered does not give his
written p~amise to appear in court. The authority of any such
employ~es under this section is limited to the ~urisdiction o~ the
County of Butte,"
19. Severability.
If any secti.on, subsec~ion or portion of this ordinance is for
any reason held to be znval~d or unconstitutional by the decision of
any caurt of competent jurisdiction, such decision 5naii not affect
the validity of the remaining sections, subsections, or partions of
this ordinance. The Board o~ Sup~rvisors hareby declares ~hat it
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would have adopted this ord~.nance and each section, subsecti.on or
por~ion thereo~, irrespeative o~ the ~ac~ that any one or ~o~e
section, subsections or portions be declared invalid or
unconstitutianal.
20. This Ordinance sha~.1 be and it is hereby declared to be in
full ~arce arzd effect from and after thir~.y (30} days afte~ the date
of its passage, and be~ore the expiration of fifteen (Z5) days after
its passage, this Ordinance sha11 be pub~~shed once wa,th the names af
~.he znembe~s of the Board of Supervisors voting fo~ and against a.t i~
the Mercury , a newspaper published in ~he County of Butte~ State
of California,
PASSED AND ADOPTED by the Board of Supervisors of the County oF
Butte, State of Cali.fornia, on ~he 17th day of RTpri7 , 1990, by the
~oll.owing vote:
AYE S: Supervisors McIn~urf, Vercruse, ~u1ton and Cha~rman McLaughZin
NOES: None
ABSENT : Superv~ sor pol an
NOT VOTING: ~flne
C
ED McLAUGHL , C airman
Butte Coun~y Boa d of Supervisors
ATTEST:
W~LLIAM H. RANDOLPH
Chie~ Adm~nistrative Officer,
and Clerk af th~ Soard
By