Ordinance Number 403ORDINANCE NO. 403
CONTROL OF CANINE LITTER
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, PROHIBITING THE CREATION OF A
PUBLIC NUISANCE BY FAILURE TO REMOVE UNLAWFUL
CANINE LITTER
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Short Title.
For reference purposes, this Ordinance may be known and
cited as the "San Juan Capistrano Canine Litter Ordinance."
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As used in this Ordinance, the following terms shall have
the meaning as given hereinafter, unless it is apparent from the
context hereof that some other meaning is intended:
A. Canine means and includes any domesticated member
of the species "Canis familiaris;" it excludes other
members of the family "Canidae."
B. Guide dog means and includes any properly trained
canine certified by a licensed guide (Seeing Eye)
dog agency and actually being used by a blind
individual.
C. Owner of a canine means and includes any individual
who owns, harbors, has charge of, has control of,
keeps, or maintains a canine.
SECTION 3. Declaration of Public Nuisance.
The City Council hereby finds, determines and declares
that canine feces defecated and allowed thereafter to remain on any
public or private property without the express consent of the owner
of such property constitutes a public nuisance and a hazard and
detriment to the public health, welfare and safety.
SECTION 4. Failure to Remove Unlawful Canine Litter.
It shall be unlawful for the owner of a canine to fail,
either willfully or through failure to exercise due care or control,
to immediately remove and dispose of in a sanitary manner any feces
which have been defecated and deposited on public or private property
without the express consent of the owner of such property.
SECTION 5. Exemption.
The provisions of this Ordinance shall not apply to a
legally -certified blind individual being accompanied by a guide dog.
SECTION 6. Penalties.
Any individual violating any of the provisions of this
Ordinance shall be deemed guilty of a misdemeanor offense and upon
conviction thereof shall be fined in an amount not exceeding five
hundred dollars ($500) or be imprisoned in the County jail for a
period not exceeding six (6) months, or be both so fined and
imprisoned. Each instance or day such violation is committed or
permitted to continue shall constitute a separate and distinct
offense and shall be punished as such hereunder.
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SECTION 7. Separability.
If any section, subsection, sentence, clause, phrase, or
portion of this Ordinance is for any reason held invalid or
unconstitutional by any court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the,
remaining portions hereof.
SECTION 8. Effective Date.
This Ordinance shall take effect and be in force thirty
(30) days after its passage.
SECTION 9. City Clerk's Certification.
The City Clerk shall certify to the adoption of this
Ordinance and cause same to be posted in the duly designated
posting places within the City of San Juan Capistrano within
fifteen (15) days after its passage.
PASSED, APPROVED AND ADOPTED this 16th day of
April 1 1980 , by the following vote, to wit:
AYES: Councilmen Friess, Schwartze and Buchheim
NOES: Mayor Hausdorfer
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARY ANN HANOVER, City Clerk of the City of San Juan
Capistrano, California, DO HEREBY CERTIFY that the foregoing is a
true and correct copy of Ordinance No. 403 , which was
introduced at a meeting of the City Council of the City of San Juan
Capistrano, California, held on April 2 -198,0 , and adopted at
a meeting held on April 16 , 1980 .
(SEAL) �' / //�C�nc< , / iZL�G✓% 4!c_
"MARY ANN',PANOVER, CITY CLERK
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