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\ No. 898
OR NANCE AMENDING CHAPTER 4, ARTICLE 1
ENTI ED "DOGS" OF THE CODE OF THE COUNTY
OF BUTTE
BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF THE COUNTY
OF BUTTE, STATE OF CALIFORNIA, AS FOLLOWS, TO WIT:
WHEREAS, a large segment of th economy of Butte County is
devoted to the commercial growth and recessing of almonds; and
WHEREAS, the most economic and effective means of harvesti
said almond crops involves the flattening of land, shaking the
trees by mechanical process and then sweeping the nuts up into
a container; and
WHEREAS, the harvesting of these. almonds will commence the
first part of August, 1966; and
WHEREAS, it is necessary to control dogs so that they wi11
not destroy property or commit excretions upon the ground upon
which these nuts will be swept; and
WHEREAS, failure to control dogs running on and about these
orchards can result in endangering the health of the citizens of
this county who are eating said nuts, as well as consumers nation-
wide, and in a severe economic loss to the orchard owners in the
event the dogs are not controlled, through condemnation of an
entire contaminated... crop,
NOW, THEREFORE, BE IT ORDAINED BY ThE BOARD OF SUPERVISORS
that the effective date of this ordinance sha11 be the date of
its passage.
1. Chapter /~, Article l of the Butte County Code is
hereby amended by deleting Sec. 4-1 in its entirety, and adding
thereto the following:
"Sec. 4-1. Running at large prohibited.
It sha11 be unlawful for any person owning, possess-
ing, or having the custody or control of a dog to allow
or permit such. dog, whether licensed or unlicensed, to
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be or run in or upon any public or private place or
premises within the county other than those of said owner
or custodian, except in the following instances:
(a) Upon the private premises of another, by and
with the consent of the owner of such private premises;
(b) Upon a public street, sidewalk or way, while.
under the effective control of a person capable of con-
trolling and who does maintain effective control of such
dog at all times, to the end that such dog shall not be
allowed to commit any aet of nuisance.
Sec. 4-1.1 Nuisances prohibited.
No owner or person having the possession, custody
or control of a dog within the County of Butte shall
allow or permit such dog to commit a nuisance upon any
public or any private property, provided that this shall
not apply to street gutters outside of pedestri~ ways,
it being the intent of this section that it shall be the
duty of all persons having control of a dog to curb such
dog when necessary.
Sec. 4-1.2 Certain nuisances defined.
Without limitation as to the general provisions of
Section 4-1, the following specific acts aZd conditions
committed by a dog are hereby declared to be unlawful
and to constitute a public nuisance, and the owner or
person having possession, custody or control of a dog
committing any of the following, shall be subject to
the penalties provided by this chapter:
(a) Being in or upon any public or private school
grounds, except when authori2ed by appropriate school.
officials;
(b) Annoying, harrassing, nipping, mauling or
biting any person or persons;
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(c) A female dog in breedable condition (in heat),
being within the county, except when confined in or
upon the premises of its owner or custodian;
(d) Damaging or destroying any property or thing
of value;
(e) Creating a disturbance in a neighborhood by
howling, barking or making unusual noises;
(f) Committing excretion on private property
other than the property of its owner or custodian.
Sec. 4-1.3 Abatement of nuisances.
When any condition prohibited by Section 4-1 is found
to exist, the poundmaster, or authorized person, is
authorized, except when such condition occurs on the
owner's premises, to impound such dog in the county
animal shelter and, subject to the prior approval of
the district attorney, to institute abatement proceedings
against the owner of such dog in the manner provided by
law.
If any such condition occurs on the owners premises,
the poundmaster, or other authorized person, is
authorized, subject to the prior approval of the
district attorney, to institute abatement proceedings
against the owner of such dog in the manner provided
by law.
The remedy herein provided is,non-exclusive and
may be pursued singularly or concurrently with any
penal process provided for any violation or any provi-
sion of this chapter.
Sec. 4-1.4 Penalty.
Any person violating any provision of this ordinance
shall be guilty of a misdemeanor, punishable by fine not
exceeding $50.00, nor less than $5.00."
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2. This ordinance shall take effect and be in force the
date of its passage, and prior to the expiration of fifteen (15)
days from its passage, it shall be .published once in a local
newspaper published in the County of Butte, State of California,
with the names of the members of the board voting for and against
the same.
PASSED AND ADOPTED by the BOARD OF SUPERVISORS of the
County of Butte, State of California, on this 27th. day of July,
1966, by the following vote:
AYES: Supervisors FFowsden~ 1~cKillop, Pryde and Ghairman Giles
NOES : Supervisor Ma:~on
ABSENT: None
NOT VOTING : none
~~ ,~'~~~
FL YD ~ Chairman
Butte County Board of Supervisors
ATTEST:
JESSIE ROGERS, County Clerk
and ex-officio Clerk of the
Board of Supervisors
By
Depu y
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