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HomeMy WebLinkAbout367 ORDINANCE NO. 367 AN ORDINANCE OF THE TOWN OF LOS ALTOS HILLS REGARDING ANIMALS WHEREAS, the Town has recently contracted with the City of Palo Alto to provide animal control services within the Town; and WHEREAS, the Town wishes to update its animal control ordinance and coordinate this ordinance with the City of Palo Alto' s ordinances. NOW, THEREFORE, the City Council of the Town of Los Altos Hills does ORDAIN as follows: Section 1. Amendment of Code. Chapter 1 [Animals] of Title 6 [Sanitation and Health] of the Los Altos Municipal Code is hereby amended to read as follows: Chapter 1. Animals Article 1. Definitions Sections: 6-1. 101 Definitions generally. 6-1. 102 Animal. 6-1. 103 Animal center. 6-1. 104 Animal control officer. 6-1. 105 Bird. 6-1. 106 Cat. 6-1. 107 Dog. 6-1. 108 Impounded. 6-1. 109 Pet shop. 6-1. 110 Superintendent. 6-1. 111 Unlicensed dog. 6-1. 101 Definitions generally. For the purpose of this title, the following words and phrases are defined and shall be construed as set out in this chapter unless,- it is apparent from the content that a different meaning is intended. The present tense includes the past and future tense; each gender includes the other. The singular number includes the plural, and the plural the singular. 6-1. 102 Animal. "Animal" means any animal, mammal, bird, reptile, fish or any other dumb creature or any live vertebrae creature other than a human being. 6-1. 103 Animal center. "Animal center" means the City's animal services and placement center. 6-1. 104 Animal control officer. "Animal control officer" means the superintendent of animal services and any employee of the City having custody and control of animal services and placement center and of animals therein and whose duties relate to the enforcement of the ordinances concerning animals. 6-1. 105 Bird. "Bird" means any bird of any age of either sex, including any exotic or domestic bird. 6-1. 106 Cat. "Cat" means an age y cat of any g of either sex. 6-1. 107 City. "City" means the City of Palo Alto, with which the Town contracts for the provision of animal services. 6-6. 108 Dog. "Dog" means .any dog of any age of either sex. 6-6. 109 Impounded. "Impounded" means having been received. into the custody of the animal center, animal control officer or any authorized agent or representative thereof, or the County Sheriff. 6-6. 110 Superintendent. "Superintendent" means the superintendent of the animal services division of the City or any person authorized to act on his behalf. 6-6. 111 Unlicensed dog. "Unlicensed dog" means any dog over the age of four months upon which the current plate or tag provided for in this title is not attached. Article 2 . Administration and Enforcement Sections: 6-1. 201 Badge of animal control officer-Interference with animal control officer 6-1. 202 Authority to enter premises 6-1. 203 Penalty 6-1. 201 Badge of animal control officer. It is unlawful for any person to hinder, molest, resist or interfere with the animal control officer in the performance of his official duties or to physically attempt to release the animals in his custody. 6-1.202 Authority to enter premises. For the purpose of discharging the duties set forth in this title, animal control officers and the County Sheriff are authorized and directed to enter upon and inspect, in accordance with the procedures provided by law, any premises upon which any animal is kept or harbored, and to demand the person owning or having charge or control of the animal to exhibit such animal and its license tag, 2 - rabies certificate, or permit if a license, certificate or permit is required by this title. 6-1. 203 Penalty. It is unlawful and constitutes an infraction for any person to violate, or fail to comply with any provision of this chapter. Article 3 . Impoundment Sections: 6-1. 301 Disposition of impounded animals 6-1. 302 Animal center fees 6-1. 301 Disposition of Impounded animals. The superintendent shall hold any stray animal impounded under the provisions of this title for a period of three days, not counting the first day of impound, and then sell or dispose of the animal, all in accordance with the City' s municipal code. 6-1. 302 Animal center fees. The city shall charge and receive from the owner fees for services in impounding animals as set forth in the Town' s fee schedule. Article 4 . Dogs Sections: 6-1. 401 License and tag. 6-1. 402 Application, term, form, transferability 6-1.403 License fee, late fee. 6-1.404 Tag specifications-Records. 6-1.405 Failure to comply-Impoundment. 6-1.406 Duplicate tags. 6-1.407 Receipt upon redemption. 6-1. 408 Number of dogs and female dogs allowed. 6-1.409 Lease required. 6-1.410 Private property. 6-1. 411 Juvenile citation. 6-1.401 License and tag. No person shall keep or cause to be kept any dog that is over the age of four months within the Town for more than ten days unless the dog is licensed as provided in this title and has around its neck a collar to which is attached a plate or tag as provided by this title. 6-1. 402 Application, term, form, transferability. (a) Application for a dog license shall be made to the city treasurer or his designated representative on the form provided by such officer and shall be accompanied by a certificate of anti-rabies vaccination for the dog to be licensed. 3 - (b) The term of any dog license issued under this chapter commences on the date of the issuance of the license and terminates on or before the expiration date of the certificate of anti-rabies vaccination accompanying the application for the dog license. (c) All dog licenses issued under this chapter shall be numbered and shall be in such form as provided by the city treasurer. (d) Upon approval of the application, payment of the applicable license fee, and payment of any applicable late fee, the city treasurer or his designated representative shall issue the dog license in the name of the owner or possessor of the dog to be licensed. Such license shall not be transferable to another owner or possessor and shall not be valid for another dog. 6-1. 403 License fee, late fee. (a) The fee for a dog license issued under this chapter, except as provided in subsections (b) , (c) and (d) below, shall be as set forth in the Town' s fee schedule. (b) The license fee for spayed female dogs and neutered male dogs shall be one-half of the fee listed in the fee schedule for subsection (a) . (c) No person having impaired hearing or eyesight shall be required to pay any license fee for any dog specially trained and principally used for the purpose of leading or guiding such person. (d) If a person fails to obtain a dog license within ten days after service of a written notice on him that such license is required, or thirty days after the expiration of a dog license, or ten days after acquiring a dog or moving into the Town limits with a dog, then a late fee as set forth in the Town' s municipal fee schedule shall be charged in addition to the applicable license fee. 6-1.404 Tag specifications - Records. A plate or tag with an identification number inscribed thereon shall be furnished to the owner or possessor of the dog to be licensed with each initial dog license. Such identification number shall not be transferable to another dog. The superintendent shall keep a record of identification numbers, licenses issued, a 'general description of each dog for which an identification number and license are issued, and the name, address and telephone number of the owner or possessor of each dog for which an identification number and license are issued. It shall be the responsibility of every dog owner to ensure that the superintendent of the animal center has on file the current address and telephone number for any licensed dog. 4 - 6-1.405 Failure to comply - Impoundment. Every dog not wearing a collar to which is attached a valid plate or tag provided under this title, found or being within the Town, shall be taken by an animal control officer or the Sheriff and impounded in the animal center where it may be redeemed by the owner or person entitled to its possession within three days after impounding on payment to the city of all accrued charges . and costs. If not redeemed, such dog shall be destroyed by the superintendent; provided, however, that the superintendent is authorized to keep valuable dogs and sell them, and his receipt for the sale thereof shall be a valid title to the purchaser. Any dog which has been within the Town for ten days or less and which is held continuously under a leash not more than six feet in length by an able-bodied person or confined within an enclosure or vehicle shall not be taken by an animal control officer or the police and impounded in the animal center. 6-1. 406 Duplicate tags. Whenever any plate or tag as provided in this chapter is lost or stolen, the city treasurer may issue a duplicate upon application therefor and upon the payment of a fee as set forth in the Town' s fee schedule and the filing of an affidavit by the owner or possessor of said dog to the effect that such tag or plate was lost or stolen. 6-1.407 Receipt upon redemption. Whenever a dog is redeemed, the party redeeming must execute a receipt for the dog. If a license fee has not been paid for the then current year for any impounded dog, the party redeeming must, before redemption, pay in advance all charges for rabies vaccination and will receive a citation or notice to comply with the licensing ordinance within ten days. 6-1.408 Number of dogs and female dogs allowed. (a) No more than three dogs may be kept or maintained at any street address within the Town. (b) No more than one unspayed female dog may be kept or maintained at any street address within the Town. 6-1. 409 Leash required. No person owning or harboring any dog shall allow or permit such dog, whether licensed or not, to be upon a public street, sidewalk, park, school ground, public place or upon any unenclosed lot or land except when held under leash by an able-bodied person. 6-1. 410 Private property. An animal control officer shall not seize or impound a dog for violation of an ordinance requiring a dog to be leashed or issue citations for violation of such ordinance when the dog has not strayed from and is upon private property owned by the dog owner or the person who has a - 5 - t right to control the dog, or upon private property to which the dog owner or person who has a right to control the dog has a right of possession. A dog that has strayed from but then returned to the private property of his owner or the person who has a right to control the dog shall not be seized or impounded, but in such a case, a citation may be issued; provided, however, that if in such a situation the owner or person who has a right to control the dog is not home, the dog may be impounded. The animal control officer shall post a notice of such impounding on the front door of the living unit of the owner or person who has a right to control the dog. Such notice shall state the following: that the. dog has been impounded, where the dog is being held, the name, address, and telephone .number of the agency or person to be contacted regarding release of the dog, and an indication of the ultimate disposition of the dog if no action to regain it is taken within a specified period of time by its owner or by the person who has a right to control the dog. 6-1. 411 Juvenile citation. A juvenile citation may be issued to any person under eighteen years of age for violations of the ordinances codified in this chapter. A juvenile hearing shall result from issuance of a juvenile citation, requiring an appearance with one parent before the superintendent of the animal center. Failure to appear may result in citation being referred to the Santa Clara County juvenile probation department. Article 5. Care and Keeping of Animals Sections: 6-1. 501 Animals at large. 6-1. 502 Animals on unenclosed premises. 6-1. 503 Animals kept in enclosures. 6-1. 504 Tying animals to trees. 6-1. 505 Nuisances by animals. 6-1. 506 Food poisoning. 6-1. 507 Number of cats. 6-1. 508 Breeding permit required. 6-1. 509 Animal at large while in heat - Prohibited. 6-1. 510 Barking dogs. 6-1. 511 Vaccination - Rabies. 6-1. 512 Sanitary enclosures. 6-1. 513 Animals and vehicles. 6-1. 501 Animals at large. No person owning or having Possession charge, custody, or control of any animal except cats, shall cause, permit or allow the animal to stray, run, or in any other manner to be at large in or upon any public street, sidewalk, park or schoolground, or upon an unenclosed lot or land. 6-1. 502 Animals on unenclosed premises. No person shall stake out, herd or graze any animal upon any unenclosed lot or land in any manner so that the animal may be or go beyond the - 6 - boundary of such lot or land. No person shall stake or tie, or leave staked or tied, within one hundred feet of an inhabited or uninhabited residence, any horse, cow, sheep, pig, mule, llama or goat in an open lot, without the written consent of the owner or occupant of such residence. 6-1. 503 Animals kept in enclosures. All horses, cows, sheep, pigs, mules, llamas and goats within the Town, when not in use, shall be kept inside of secure enclosures all times. 6-1. 504 Tying animals to trees.. No person shall tie any animal to any shrub or tree growing upon or along any of the sidewalks or streets of the Town. 6-1. 505 Nuisances by animals. It is unlawful for the owner or person having custody of any dog to permit either wilfully or through failure to exercise due care or control, any such dog to commit any act constituting nuisance as defined under California Civil Code Section 3479 et sea. and as such part may hereafter be amended. Without limiting the foregoing, no person owning or controlling any dog shall permit the animal to (a) defecate or urinate on private properties, other than that of the owner or the person having control of the animal; or (b) defecate on public property without immediately cleaning or removing the excrement to a proper receptacle. 6-1. 506 Food poisoning. No person shall place, leave or expose, in any place accessible to birds, dogs, cats or any domestic animals, with the intent to kill or harm such animals, any poisonous substance or ingredient, or any edible or any other substance or ingredient which has in any manner been treated or prepared with any poisonous substance or ingredient. 6-1. 507 Number of cats. (c) No more than three cats may be kept or maintained at any street address within the Town. (d) No more than one unspayed female cat may be kept or maintained at any street address within the Town. 6-1. 508 Breeding permit required. Any person owning or having control, custody, charge or possession of any cat, dog or bird for breeding purposes shall secure a breeding permit from the superintendent of the animal shelter. . The fee for such permit shall be as set forth in the Town' s fee schedule. A cat, dog or bird shall be deemed to be used for breeding purposes if more than one litter per year is raised per permit holder. 6-1. 509 Animal at large while in heat - Prohibited. It is unlawful for the owner or person having possession, charge, custody or control of any female dog or cat to cause or permit or allow the same to stray or run or in any other manner to be at 7 - .c large upon any public street, lane, alley, or other public place in the Town while such female cat or dog is in heat. 6-1. 510 Barking dogs. It is unlawful for any person to keep, maintain or permit in or upon any premises within the Town any barking dog that is under the control of that person. "Barking dog" means a dog that barks, bays, cries, howls or makes any other noise continuously and incessantly for a period of ten minutes within a fifteen-minutes period to the disturbance of any other person. The issuance of a citation shall be within the discretion of the animal control officer or other enforcement person. Nothing in this section shall require or prevent the utilization of nuisance abatement procedures for abatement of the nuisance crated by such barking dog. 6-1. 511 vaccination - Rabies. Every owner of a dog over four months of age shall cause such dog to be vaccinated with an anti-rabies vaccine approved by the state department of public health. Revaccination shall be made at such intervals of time as may be prescribed by the state department of public health. Any animal may be exempted from the rabies vaccination requirement upon approval of the superintendent of the animal center, and upon presentation of an affidavit from a licensed veterinarian stating that, in the opinion of such veterinarian, the vaccination would be injurious to the health and well-being of such animal. 6-1. 512 Sanitary enclosures. All animals and all premises, enclosures or structures wherein animals are kept shall be maintained in a clean and sanitary and secure condition, free from all obnoxious odors and substances. All animals and all premises, enclosures or structures wherein animals are kept shall be thoroughly cleaned, and all debris, refuse, manure, urine, waste food, or other removal materials shall be removed therefrom every day or more often as necessary. 6-1. 513 Animals and vehicles. (a) No person shall transport an animal in a motor vehicle on any public roadway unless the animal is safely enclosed within the vehicle by means of a container, cage or other device which will prevent the animal from falling from, jumping from or being thrown from the motor vehicle. (b) No person shall leave any animal in an unattended motor vehicle without adequate ventilation or in such a manner as to subject the animal to extreme temperatures which may adversely affect the health or well-being of the animal. - 8 - Article 6. Dangerous and Wild Animals Sections: 6-1. 601 Definitions. 6-1. 602 Dangerous animals at large. 6-1. 603 Dangerous dogs and animals. 6-1. 604 Possessing dangerous or wild animals. 6-1. 601 Definitions. The following words and phrases whenever used in this chapter are defined as follows: (a) "Dangerous animal" means any dog or other animal which demonstrates a propensity to assault, bite, scratch or harass people or other animals without provocation. There shall be a rebuttable presumption that any animal that bites a person is a dangerous animal. (b) "Wild animal" means any exotic, venomous, nondomestic, or untrained animal which because of its size, natural disposition, or other characteristic constitutes a hazard or menace to persons, or animals or is likely to damage property. 6-1. 602 Dangerous animals at large. It is unlawful for any person owning or having possession, custody, charge, or control of any dog or other animal known by such person to be dangerous to cause or permit the animal to run loose about the person's premises in a manner endangering any person lawfully entering such premises, or cause or permit the animal to be unrestrained upon or about any public street, sidewalk, park, schoolyard, or property of other persons. For purposes of this section, lawful entry to a premises includes but is not limited to entry made by a person in the performance of any duty imposed upon that person by the laws of this state or any city or county or by the laws or postal regulations of the United States, or when that person is on such property by reason of accident or disaster, or by invitation either expressed or implied. 6-1. 603 Dangerous dogs and animals. (a) The superintendent of the animal center shall report in writing to the Town' s city manager concerning any animal the superintendent is informed is, or believes to be, a dangerous animal. (b) The Town' s city manager or designee shall set a date and time for a public hearing to determine whether such animal is a dangerous animal as defined in Section 6-1. 601. Ten calendar days ' written notice of the time and place for the hearing shall be given to the person who owns or has possession, custody, charge, or control of the animal. (c) The Town' s city manager or designee shall preside at the hearing and shall summon witnesses, administer oaths, hear - 9 - testimony, and determine whether the animal is a dangerous animal. (d) In determining whether the animal is a dangerous animal, the Town' s city manager or designee shall consider evidence concerning any bites committed upon persons or other animals by the animal; provided, however, that such evidence shall not be exclusive. An animal may be shown to be dangerous even though it is not proven to have bitten any person or other animal. (e) The Town' s city manager or designee shall issue written findings and a decision, concerning whether the animal is a dangerous animal, within ten working days after the hearing is concluded. (f) Once the person who owns or has possession, custody, charge, or control of the animal has been provided written notice of the time and place for the hearing, he shall ensure the protection of the public health, safety, and welfare by securely confining the animal, prior to the hearing, at the animal services center or at a facility approved by the superintendent of the animal center. The animal ' s confinement shall continue, pending the issuance of the written decision of the Town' s city manager or designee following the hearing. All costs incurred as a result of the confinement shall be the sole responsibility of the owner, possessor or custodian of the animal. (g) If the animal is determined to be a dangerous animal, the Town' s city manager or designee may revoke the animal 's license and order its removal from the Town within twenty-four hours, order its destruction, or grant a permit for possessing a dangerous animal as provided in Section 6-1. 604 . (h) It is unlawful for any person to own or have possession, custody, charge, or control of any dangerous animal ordered from the Town by the Town' s city manager or designee pursuant to this section. Any dangerous animal within the Town twenty-four hours after the removal order is issued shall be subject to seizure by animal control officers or the Sheriff. 6-1. 604 Possessing dangerous or wild animals. It is unlawful for any person to own or have possession, custody, charge, or control of any elephant, bear, hippopotamus, rhinoceros, ocelot, lion, tiger, alligator, crocodile, leopard, wolf, monkey, squirrel, raccoon, skunk, dangerous dog or other dangerous animal as determined by the public hearing process provided for in Section 6-1. 603 , venomous or dangerous reptile of any kind without first obtaining a permit from the superintendent of the animal center in accordance with City's municipal code. - 10 - Article 7 . Diseased and Crippled Animals Sections: 6-1. 701 Keeping diseased or crippled animals. 6-1. 702 Animals suspected or having rabies. 6-1. 703 Disposal of animals. 6-1. 704 Dead animals in public places. 6-1. 701 Keeping diseased or crippled animals. No person shall have, keep, or harbor any animal which is known or believed by him to be infected with any dangerous or communicable disease, or which is in an incurable, crippled condition or which is afflicted with any painful disease which is believed by such person to be incurable, except as otherwise provided in this title. 6-1. 702 Animals suspected of having rabies. Whenever the owner or person in control of any animal is informed that such animal has bitten a human being, or suspects that the animal is infected with rabies, he shall immediately report the same to the local health department and to the superintendent, and shall immediately confine such animal. At the discretion of the local health officer or animal control officer, any animal which bites or otherwise exposes a person shall be isolated in strict confinement in a place and manner approved by the local health officer or animal control officer and observed for at least fourteen days (dogs and cats, ten days) after the date of infliction of the bite, with the exception that the following alternative to the ten-day isolation of dogs and cats is permitted: Dogs or cats which have been isolated in strict confinement under proper care and under observation of a licensed veterinarian, in a pound, veterinary hospital or other adequate facility in a manner approved by the local health officer or animal control officer, may be released from isolation by the local health officer or animal control officer after five days of veterinary observation if, upon conducting a thorough physical examination on the fifth day or more after infliction of the bite, the observing veterinarian certifies that there are no clinical signs or symptoms of any systemic disease. If it appears at any time during such period that the animal has rabies, the health officer or animal control officer shall cause the animal to be destroyed. If at the end of the fourteen-day period or such other period as may be prescribed by the state Department of Public Health, it appears that the animal does not have rabies, it shall be released upon payment to the superintendent of a sum for its care during the period, together with an impounding fee as set forth in Town' s fee schedule; provided, however, that no impounding fee shall be charged to an owner or custodian of an animal who immediately transports such animal to the animal center. The health officer or animal control officer or his duly authorized representative is empowered to enter upon any public - 11 - or private premises, in accordance with the procedures provided by law, within the Town for the purpose of enforcing the provisions of this section and he is empowered to call upon the County Sheriff for assistance in enforcing such provisions. The owner of any animal which is reported to have bitten on two or more occasions may be required to obtain a permit for keeping a dangerous animal, pursuant to Section 6-1. 604 , following investigation of reported bites and recommendation by the superintendent of the animal center. 6-1. 703 Disposal of animals. It shall be the duty of the superintendent, and he is so authorized and empowered, to order the destruction by any employee of the animal center of any animal lawfully taken into the custody of the City which in the opinion of the superintendent is incapacitated by senility or which is infected with any dangerous or communicable disease, or which is in an incurable, crippled condition, or for which there is no immediate cure. 6-1.704 Dead animals in public places. No person shall place the body of any dead animal in any street, park, or public place or in any refuse receptacle. The bodies of any dead animals shall be promptly removed as directed by the superintendent. In case the owner of such dead animal is known and removal is accomplished by the superintendent or any other representative of the City or Town, the owner shall pay the cost of removal of such animal as set forth in the Town' s fee schedule. Article 8 . Beekeeping Sections: 6-1.801 "Apiary" defined. 6-1. 802 "Bees" defined. 6-1. 803 "Hives" defined. 6-1. 804 "Location" defined. 6-1. 805 Notice required when moving apiaries. 6-1. 806 Location of apiary. 6-1. 807 Water supply. 6-1. 808 Identification of premises. 6-1. 801 "Apiary" defined. As used in this article, "apiary" means bees, hives and appliances wherever the same are kept, located or found. 6-1. 802 "Bees" defined. As used in this article, "bees" means honey-producing insects of the special Apis mellifica, including the adults, eggs, larvae, pupae or other immature states thereof, together with such materials as are deposited into hives by their adults, except honey and rendered beeswax. 6-1. 803 "Hives" defined. As used in this article, "hives" means any receptacle or container made or prepared for the use of - 12 - bees, or a box or similar container of which bees have taken possession. 6-1. 804 "Location" defined. As used in this article, "location" means any premises upon which an apiary is located. 6-1. 805 Notice required when moving apiaries. No apiary shall be moved into the Town or within the confines of the Town without notice in writing being given to the Town's City Manager within five (5) days from the date movement is begun, stating: (a) The number of colonies of bees to be moved into or within the Town. (b) The location of the property in the Town to which bees are to be moved, and the name and address of the owner of the property or person in possession thereof. (c) The distance of the proposed location of the apiary from the nearest public road intersection. 6-1. 806 Location of apiary. No apiary shall be located: (a) At a distance less than one thousand (1, 000) feet from the nearest residence, church, school, public building, swimming pool, corral, or water area in a corral unless the owner or persons in possession thereof gives written permission to the location of said apiary at a closer distance. (b) On any lands without the written consent of the owner or person in possession thereof. (c) Closer than three hundred (300) feet from any public road. Provided that, if the Town' s City Manager receives a complaint from any resident about the proximity of bees from an apiary, the Town's City Manager may require the apiary to be relocated. 6-1. 807 Water supply. A water supply adequate in quantity for the apiary must be provided and maintained. 6-1. 808 Identification of premises. Every person maintaining any apiary on premises other than .that of his or her residence shall identify such apiary by affixing and maintaining a sign thereto showing the name of the owner or person in possession of the apiary, his or her address and telephone number, or a statement that he or she has no phone. Said sign shall be prominently placed and maintained on the entrance side of the apiary and immediately adjoining the same and lettered in black at least one (1) inch in height on a white or light background. - 13 - Section 2. Amendment of Code. Article 2 [Horses] of Chapter 1 [Animals] of Title 6 [Sanitation and Health] is hereby redesignated as Article 9 of said chapter and title and sections 6-1.201 through 6-1. 209 are hereby renumbered to sections 6-1.901 through 6-1.909. Section 3. Severability. If any part of this ordinance is held to be invalid or in applicable to any situation by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance or the applicability of this ordinance to other situations. Section 4. Effective Date; Posting. This ordinance shall become effective thirty (30) days from the date of its passage; and -shall be posted within the -Town--of-Los Altos Hills in three (3) public places. INTRODUCED: December 1, 1993 PASSED: December 15, 1993 AYES: Mayor Johnson and_Counciimembers Dauber, Hubbard and Tryon NOES: None ABSTENTIONS: None ABSENT: Councilmember Siegel By: Mayor I ATTEST: City Clerk APPROVED AS TO FORM: —_ � City Attorney PB\MAS\149490L8.002 - 14 -