O1396
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CA:RMM:rmd341jhpca
City Council Meeting 1-13-97
.
Santa Monica, California
ORDINANCE NUMBER ~(CCS)
(City Council series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING SANTA MONICA
MUNICIPAL CODE SECTION 4136 RELATING TO
THE CONTROLLING OF DOGS ON PUBLIC AND
PRIVATE PROPERTY
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES ORDAIN AS FOLLOWS:
SECTION 1. Section 4136 of the Santa Monica Municipal Code
is amended to read as follows:
SECTION 4136. Dogs to be Controlled
So as Not to commit Nuisances. No person
having the right and ability to prevent
the same, shall knowingly, carelessly, or
nagl igently permit any dog to coromi t any
nuisance
upon
any
public
property,
including streets, sidewalks, parkways,
gutters, and drains, or any improved
private property other than that of the
owner of said dog or person who has
consented thereto.
Notwithstanding any
other provision of this code, any person
violating this section shall be punishable
by a fine of not more than Fifty Dollars
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($50.aO); provided, however, that in the
event a dog commits an act which is
prohibited by Section 4114 or section 4115
of this Code while
committing such
nuisance, such fine shall be not less than
Twenty-Five Dollars ($25.00).
SECTION 2.
Any provision of the Santa Monica Municipal
Code or appendices thereto inconsistent with the provisions of
this Ordinance, to the extent of such inconsistencies and no
further, are hereby repealed or modified to that extent necessary
to affect the provisions of this Ordinance.
SECTION 3. If any section, subsection, sentence, clause,
or phrase of this Ordinance is for any reason held to be invalid
or unconstitutional by a decision of any court of any competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The city Council hereby
declares that it would have passed this Ordinance, and each and
every section, subsection, sentence, clause, or phrase not
declared invalid or unconstitutional without reqard to whether
any portion of the Ordinance would be subsequently declared
invalid or unconstitutional.
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SECTION 4. The Mayor shall sign and the city Clerk shall
attest to the passage of this ordinance. The city Clerk shall
cause the same to be published once in the official newspaper
within 15 days after its adoption. This Ordinance shall become
effective after 30 days from its adoption.
APPROVED AS TO FORM:
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I ~r _.
ROBERT M. MYERS
City Attorney
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I hereby certify that t
of January, 1987.
Adopted and approve
foregoing Ordinance No. 1396(CCS)
was duly and regularly introduced at a meeting of the city
Council on the 9th day of December 1986; that the said ordinance
was thereafter duly adopted at a meeting of the City Council on
the 13th day of January 1987 by the following Council vote:
Ayes: Councilmembers:
Finkel, Jennings, A. Katz, H.
Katz, Reed, Zane and Mayor Conn
Noes: Councilmembers:
None
Abstain: Councilmembers:
None
Absent: Councilmembers:
None
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