HomeMy WebLinkAbout4.04 Muni Code Rodent
CITY CLERK
File # D[3J~[Q]-[!J[Q]
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: July 15, 2008
SUBJECT:
Adoption of Ordinance Amending Dublin Municipal Code Chapter
5.72 (Rodent and Fly Control)
Report Prepared by Elizabeth H Silver, Assistant City Attorney and
Stephen Muzio, Associate Attorney
ATTACHMENTS:
1.
Ordinance Amending Dublin Municipal Code Chapter 5.72
relating to Rodent and Fly Control.
Clean copy of ordinance.
2.
RECOMMENDATION:/~ 1.
1\
Waive reading and ADOPT the Ordinance Amending
Chapter 5.72 of the Dublin Municipal Code relating to
Rodent and Fly Control (Attachment 1).
FINANCIAL STATEMENT:
None.
DESCRIPTION:
At its March 22, 2006 Goals and Objectives meeting, the City Council reviewed and approved with high
priority the comprehensive update to certain chapters of the Dublin Municipal Code (DMC). One chapter
proposed for review is DMC Chapter 5.72, which declares that the maintenance of any of the following
constitutes a nuisance: 1) a fly nuisance (as defined in the chapter), 2) such waste as may become a
harborage or attractant for rodents or 3) such waste as may result in unreasonable production of odors
resulting in the depreciation of adjacent property or comfortable enjoyment of life thereon. The Chapter
requires owners of property on which the nuisance is maintained to abate it. In the event that the owner
neglects to do so, the City may abate the nuisance in question and hold the owner responsible for the costs
of that abatement. The City has the additional remedy of imposing a special assessment on the property,
which will then cause the owner to be assessed the amount owed as part of his or her annual property tax
bill, levied by the Alameda County Auditor-Controller. Staffhas reviewed the ordinance and
recommends that the title of the Chapter be amended to read "Rodent and Fly Control" to more accurately
reflect the intent of the Chapter. Staff also recommends number of minor changes be made to improve the
Chapter's clarity and ensure its consistency with the rest of the DMC. Staff also recommends certain
substantive changes be made to this Chapter to ensure the Dublin Municipal. Code contains uniform
procedures for the collection of costs incurred by the City in the abatement of nuisances.
Assessment procedure. Cities are authorized by GC sections 38773 and 38773.5 to engage in these
abatement and assessment activities. When a city levies an assessment against property, it should comply
--------------------------------------------------------------~----------------------------------------------
COPY TO:
Page 1 of2
ITEM NO. !f .4-
with the requirements ofGC ~ 38773.5. We recommend the Council amend the provisions of this chapter
to incorporate proposed new section 1.04.061 which will provide uniform procedures for recovery of the
City's costs of abating nuisances. Former section 5.72.080 has been deleted, and a new section inserted,
which refers to the provisions of the new Section 1.04.061. As amended, the Chapter would provide that
once the Council has established, by resolution, the costs to the City of abating the nuisance, the
provisions in Section 1.04.061 shall take effect. This new Section describes the steps the City
Administrative Services Director shall take following the resolution of the City Council. The Director
will record a Notice of Lien with the County Recorder, provide notice to the property owner by certified
mail, and file a certified copy of the Council's resolution confirming the costs of abatement with the
County Auditor-Controller on or before August 1.
We also recommend inserting provisions which will give property owners the opportunity to appeal an
order requiring abatement of the nuisance to the City Council. This will ensure that the City does not set
out to abate a nuisance without providing the property owner an opportunity to be heard. The ordinance
also adds a new section describing the procedure for service of all notices and orders required by the
Chapter.
City Planning and Code Enforcement Staff have reviewed this ordinance and concur with the suggested
changes.
On June 17,2008, the City Council held a public hearing regarding the proposed ordinance. Following
the public hearing the City Council waived the reading and introduced the ordinance.
RECOMMENDATION
Staff recommends that the City Council: 1) waive reading and ADOPT the Ordinance Amending Chapter
5.72 of the Dublin Municipal Code relating to Rodent and Fly Control (Attachment 1).
1076893.5
Page 2 of2
lof
,/a
I
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DUBLIN
AMENDING CHAPTER 5.72 OF THE DUBLIN MUNICIPAL CODE
RELATING TO FLY CONTROL
RECITALS
WHEREAS, pursuant to California Government Code Sections 38773 and 38773.5, the
City of Dublin may adopt procedures by which nuisances may be summarily abated at the
expense of persons maintaining them, and by which such expenses may also be imposed as a
special assessment on that parcel of land on which the nuisance is abated; and
WHEREAS, the City of Dublin Municipal Code Chapter 5.72 declares that the
maintenance of a fly nuisance, as defined therein, the maintenance of waste which is susceptible
to harboring or attracting rodents and the maintenance of such waste which will produce odors
which would result in the depreciation of i;ldjacent property or comfortable enjoyment of life
thereon to be nuisances; and
WHEREAS, the City Council has enacted a new Chapter 1.04.061 of the Dublin
Municipal Code which establishes uniform procedures for the collection of costs incurred by the
City in the abatement of nuisances; and
WHEREAS, the City Council further wishes to clarify the provisions and procedures
contained in the City of Dublin Municipal Code Chapter 5.72.
NOW, THEREFORE, the City Council of the City of Dublin does hereby ordain as
follows:
Section 1. The Title of Chapter 5.72 of the Dublin Municipal Code is amended to read as
follows:
Chapter 5.72 Rodent And Fly Control
Section 2. Chapter 5.72 of the Dublin Municipal Code is revised as follows, with
deletions indicated in strikethrough and additions indicated in underline:
5.72.010 Declaration of findings.
The City Council does find and declare as follows:
A. That putrescible waste is a breeding and attraction media for flies; a source of food and
harborage for rodents; and a source of unreasonable odors when allowed to accumulate, or when
disposed of improperly;
B. That putrescible waste resulting from the keeping of certain animals on premises located in
the eCity has been found to greatly contribute to the production of flies and rodents, which cause
Jf~ 1{L/'4 1/15/02 ~
ATTACHMENT 1 0
d':fq
unsightliness by their presence as well as resulting in the depreciation of property values and in
the reduction of the comfortable enjoyment of life;
C. That putrescible waste found in certain areas of the eCity where there is a denser
concentration of population poses a more serious threat to the health, safety, and general welfare
of the people of the eCity;
D. That it is necessary to accomplish the object and purposes of this chapter that the City
Manager and other authorized agents, including the Alameda County Health Officer, be clothed
with sufficient authority to enable them to deal with the conditions affecting the public health
and safety as such conditions change or arise and to meet emergency situations in a prompt and
efficient manner and that they be vested with and exercise discretion in the execution of the
provisions of this chapter.
5.72.020 Declaration of policy.
It is declared to be in the public interest that the accumulation and disposal of putrescible
waste in the eCity be handled in such a manner so as to prohibit or control the harboring and
breeding of flies and rodents; so as to prevent unsightliness resulting in the depreciation of
property values; and so as to promote the comfortable enjoyment of life.
5.72.030 Definitions.
For the purposes of this chapter, the words set out in this section shall have the following
meanIngs:
"Abatement" means and includes demolition, removal, repair, maintenance, construction,
reconstruction, replacement, and reconditioning of structures, appliances or equipment; removal,
transportation, disposal and treatment of putrescible waste or other substance~ orf media capable
of harboring, breeding, or attracting flies and rodents or producing unreasonable odors, and the
application of chemical, biological, or mechanical means to control, eradicate and eliminate
sources, causes or conditions conducive to a fly nuisance, rodent infestation or unreasonable
odor.
"Fly nuisance" means any place, condition, process or operation where by reason of the
conduct, misconduct, neglect, failure or refusal of anyone, there is created or continues to exist
the production of flies or fly larvae or pupae.
"Poultry" means and includes chickens, turkeys, ducks, game birds, pigeons, pheasants or any
other similar fowl.
"Putrescible waste" means any matter, solid or liquid, which is capable of serving as a
breeding mediuma for flies; as a source of food for rodents; or the production of unreasonable
odors, and shall include, but not be limited to, the terms waste, refuse, garbage, rubbish,
industrial waste, and commercial garbage. Putrescible waste shall include animal and poultry
manure.
5.72.040 Service.
A. For the purposes of this chapter. service of required notices. orders. decisions and other
documents shall be made in the following manner:
1. By personal service: or
2. By first-class U.S. mail. postage prepaid. to the owner of the property at the address shown
on the last equalized assessment roll. and to any known tenant at the address of the property.
Service by mail shall be effective on the date of mailing
'1 ').'1
6~. '>f
Should no address for the owner of the property appear on the assessment roll. and should the
City be unable to locate the owner to deliver the document by personal service. service may be
made by posting a copy of the notice and order to abate prominently and conspicuously upon the
property where the condition exists.
B. The failure of any person to receive such notice shall not affect the validity of any
proceeding.
5.72.05094Q Prohibited nuisances.
No person shall create, allow, or maintain a fly nuisance, nor knowingly allow waste to
become a harborage, attractant or food source for rodents, or result in unreasonable production of
odors resulting in the depreciation of adjacent property or comfortable enjoyment of life thereon.
Such conditions are declared to be a public nuisance. Upon knowledge of such fly nuisance,
rodent infestation or unreasonable odor production, or after having received a written abatement
order from the City Manager, Alameda County Health Officer or other authorized agents, said
person shall at once proceed and continue in good faith with the abatement of such fly nuisance
or control and elimination of rodents or source of unreasonable odor.
5. 72.060~ Investigation-Order to abate }'Ahateme8t.
The City Manager, or other authorized agents, including the Alameda County Health Officer,
may upon reasonable cause to believe that fly or odor nuisance, or rodent infestation exists,
investigate conditions productive of flies, fly larvae, pupae, rodents or odor. He shall have the
power while in the performance of his duty to enter upon any premises to discover, or to inspect
any thing or condition which is productive or susceptible to the production of flies, unreasonable
odors or rodents. If he determines that a fly nuisance, production of unreasonable odor, or rodent
infestation exists he may declare such condition to constitute a public nuisance and may issue a
written order requiring abatement. The order shall set forth a time within which the condition
shall be abated and shall contain a statement that the owner may appeal the order to abate the
condition to the City Council by complying with the procedures set forth in Section 5.72.070.
The order shall be served in accordance with Section 5.72.040.
5.72.070 Appeal to City Council.
A. The owner and/or tenant may appeal the order to abate to the City Council. Any appeal to
the City Council must be in writing. and must be made within fifteen (15) days from the date of
service of the decision of the City Manager. The request for an appeal to the City Council shall
be addressed to the City Manager and shall be deemed served only when received by the City.
Failure to properly serve the request for appeal to the City Council within the fifteen (15) day
period shall be deemed a waiver of the right to appeal the matter to the City Council and the
order to abate shall become final.
B. As soon as practicable after receiving the appeal. the City Clerk shall set a date for the
Council to hear the appeal which date shall be not less than seven (7) calendar days nor more
than thirty (30) calendar days from the date the appeal was filed. The City Clerk shall give each
appellant written notice of the time and the place of the hearing at least five (5) calendar dayS
prior to the date of the hearing. either by causing a copy of such notice to be delivered to the
appellant personally or by mailing a copy thereof. postage prepaid. addressed to the appellant at
hislher address shown on the appeal. At the time set for the appeal hearing. the City Council
shall either affirm. modify or reverse the decision of the City Manager. Continuances of the
1-1
r
hearing may be granted by the Council on request of the owner for good cause shown. or on the
Council's own motion. The decision of the City Council shall be final.
5.72.080 Remedy-Abatement by the City.
A. If the condition is not abated as ordered within the abatement period the City Manager
shall cause the same to be abated by City employees or private contract. Absent consent to enter
the subiect property for the purpose of abatement the City Manager shall direct the City Attorney
to obtain the necessary iudicial authority for entry and abatement purposes.
B. A person shall not obstruct. impede. or interfere with the City Manager. or his/her
representative. or with any person who owns. or holds any interest or estate in any property in
the performance of any necessary act. preliminary to or incidental to. carrying out an abatement
order issued pursuant to the chapter.
If the eOBaitieFl is Bet aBated withiFl the time set ferth in. the '.vritten. order, the City Manager
(or ether a1:Hherizea agents, in.elaain.g the l\.lameaa County Health Offieer) may swnm8i"ily abate
the Baisanee iB aeeeraanee '.vith Califom.ia Govemmeat Coae Seetien. 38773 and the expen.se of
aeatemeftt shall ee a perseRal oeligatieB of the preperty e\Vfl.er ana may be maae a lieB agaiBst
the proflerty eB wllieh it is maiataiBea iB aeeoraanee with the provisioRs of Seetion.s 5.72.060,
5.72.070 ana 5.72.080.
5.72.0900(;0 Liea Assessment procedure-Record of cost.
The City Manager shall keep an account of the cost of performing the abatement, including
reasonable administrative costs, on eaeh separate lot or parcel of land, and the Bame of the ovmer
thereof. and shall render an itemized report in writing to the City Council showing the cost of
abatement. A COpy of the report and notice shall be served upon the owners of the property
and/or tenants in accordance with the provisions of Section 5.72.040 at least five (5) calendar
days prior to submitting the same to the City Council. Proof of the posting and service shall be
made by affidavit filed with the City Clerk. The Council may make such modifications to the
report as it may deem necessary. after which such report shall be confirmed by resolution.~
eosts shall beeome, v.hen confirmed, a special assessment against the property.
S. n.070 Liea L'\ssessmeat pFgeedllFe C91laeil appeal.
Bet\veen the first and fifteeath day of July of each ye8i", the City Manager shall cause to be
published a Rotiee to the effeet that any owner upon vihose property the City Manager has
performed any w{)rk herelHlder d1:H'ing the preeeding fiscal year may appeal therefrom to the
Cooocil. The Botice shall be published onee in aecordance v:ith Government code SectioR 6061.
i\ny appeal shall state the groURds f{)r appealing. At the next regular meeting of the Council after
the first day of i\agast, it shall hold a heariNg to confirm the costs and any appeals, and its
determiFlation~ thereupon shall be final
5.72.100080 Liea Assessment procedure }Assessmeat Recordation and collection.
The procedures governing the recordation and collection of the City's costs of abating
nuisances shall be those provided in Section 1.04.06L\fter confirmation of the costs by the City
Cmmcil a certified copy of the confirmed report shall be filed '.vith the COURty f..aditor who shall
enter each assessmeat on the tax roll against the respective premises. The assessment shall be
collected at the same time in the same mar..ner as ordinary municipal ad valorem taxes and shall
be subjeet to the same penalties and the same proeed1:H'e and sale in ease of deliNqtleney as
provided f-or such taxes. L^..ll laws applicable to the levy, collectiON and enforcement of
/~ m(!
':./ ......~,. J
/i
m\:lBieiflal ad valorem preflerty taxes shall be applieable to sueh assessmeB.-ts. The lien ereated
attaehes l:lf>eFl reeerdatieFl of a eertified eeflY of the eOFlfirmed report in the offiee of the Ce\:lB.-ty
Reeorder and shall eentinue until the eharges and fees are fully paid.
Section 3. Severability. The provisions of this Ordinance are severable and if any
provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or
inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or
inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences,
sections, words or parts thereof of the ordinance or their applicability to other persons or
circumstances.
Section 4. Effective Date. This Ordinance shall take effect and be enforced thirty
(30) days following its adoption.
Section 5. Posting. The City Clerk of the City of Dublin shall cause this Ordinance
to be posted in at least three (3) public places in the City of Dublin in accordance with Section
36933 of the Government Code of the State of California.
PASSED, APPROVED AND ADOPTED this _ day of
,2008.
AYES:
NOES:
ABSENT:
ABSTAIN:
Janet Lockhart, Mayor
ATTEST:
Carolyn Parkinson, Interim City Clerk
11032340.5
, q
/' ".). c;
() (...v
/"
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
**********
AMENDING CHAPTER 5.72 OF THE DUBLIN MUNICIPAL CODE
RELATING TO FLY CONTROL
RECITALS
WHEREAS, pursuant to California Government Code Sections 38773 and 38773.5, the City of
Dublin may adopt procedures by which nuisances may be summarily abated at the expense of persons
maintaining them, and by which such expenses may also be imposed as a special assessment on that
parcel of land on which the nuisance is abated; and
WHEREAS, the City of Dublin Municipal Code Chapter 5.72 declares that the maintenance ofa
fly nuisance, as defined therein, the maintenance of waste which is susceptible to harboring or attracting
rodents and the maintenance of such waste which will produce odors which would result in the
depreciation of adjacent property or comfortable enjoyment of life thereon to be nuisances; and
WHEREAS, the City Council has enacted a new Chapter 1.04.061 of the Dublin Municipal Code
which establishes uniform procedures for the collection of costs incurred by the City in the abatement of
nuisances; and
WHEREAS, the City Council further wishes to clarify the provisions and procedures contained in
the City of Dublin Municipal Code Chapter 5.72.
NOW, THEREFORE, the City Council of the City of Dublin does hereby ordain as follows:
Section 1. The Title of Chapter 5.72 of the Dublin Municipal Code is amended to read as follows:
Chapter 5.72 Rodent And Fly Control
Section 2. Chapter 5.72 of the Dublin Municipal Code is revised as follows:
5.72.010 Declaration of findings.
The City Council does find and declare as follows:
A. That putrescible waste is a breeding and attraction media for flies; a source of food and harborage
for rodents; and a source of unreasonable odors when allowed to accumulate, or when disposed of
improperly;
B. That putrescible waste resulting from the keeping of certain animals on premises located in the City
has been found to greatly contribute to the production of flies and rodents, which cause unsightliness by
their presence as well as resulting in the depreciation of property values and in the reduction of the
comfortable enjoyment oflife;
C. That putrescible waste found in certain areas of the City where there is a denser concentration of
population poses a more serious threat to the health, safety, and general welfare of the people of the City;
A 'T''T' A r<1ll\ln;O~T""" "
""7~~
~.,?.p
c-" I:
(/1
D. That it is necessary to accomplish the object and purposes of this chapter that the City Manager and
other authorized agents, including the Alameda County Health Officer, be clothed with sufficient
authority to enable them to deal with the conditions affecting the public health and safety as such
conditions change or arise and to meet emergency situations in a prompt and efficient manner and that
they be vested with and exercise discretion in the execution of the provisions of this chapter.
5.72.020 Declaration of policy.
It is declared to be in the public interest that the accumulation and disposal of putrescible waste in the
City be handled in such a manner so as to prohibit or control the harboring and breeding of flies and
rodents; so as to prevent unsightliness resulting in the depreciation of property values; and so as to
promote the comfortable enjoyment of life.
5.72.030 Definitions.
For the purposes of this chapter, the words set out in this section shall have the following meanings:
"Abatement" means and includes demolition, removal, repair, maintenance, construction,
reconstruction, replacement, and reconditioning of structures, appliances or equipment; removal,
transportation, disposal and treatment of putrescible waste or other substances or media capable of
harboring, breeding, or attracting flies and rodents or producing unreasonable odors, and the application
of chemical, biological, or mechanical means to control, eradicate and eliminate sources, causes or
conditions conducive to a fly nuisance, rodent infestation or unreasonable odor.
"Fly nuisance" means any place, condition, process or operation where by reason of the conduct,
misconduct, neglect, failure or refusal of anyone, there is created or continues to exist the production of
flies or fly larvae or pupae.
"Poultry" means and includes chickens, turkeys, ducks, game birds, pigeons, pheasants or any other
similar fowl.
"Putrescible waste" means any matter, solid or liquid, which is capable of serving as a breeding
medium for flies; as a source of food for rodents; or the production of unreasonable odors, and shall
include, but not be limited to, the terms waste, refuse, garbage, rubbish, industrial waste, and commercial
garbage. Putrescible waste shall include animal and poultry manure.
5.72.040 Service.
A. For the purposes of this chapter, service of required notices, orders, decisions and other documents
shall be made in the following manner:
I. By personal service; or
2. By first-class U.S. mail, postage prepaid, to the owner of the property at the address shown on the
last equalized assessment roll, and to any known tenant at the address of the property. Service by mail
shall be effective on the date of mailing.
Should no address for the owner of the property appear on the assessment roll, and should the City be
unable to locate the owner to deliver the document by personal service, service may be made by posting a
copy of the notice and order to abate prominently and conspicuously upon the property where the
condition exists.
~~(1
B. The failure of any person to receive such notice shall not affect the validity of any proceeding.
5.72.050 Prohibited nuisances.
No person shall create, allow, or maintain a fly nuisance, nor knowingly allow waste to become a
harborage, attractant or food source for rodents, or result in unreasonable production of odors resulting in
the depreciation of adjacent property or comfortable enjoyment of life thereon. Such conditions are
declared to be a public nuisance. Upon knowledge of such fly nuisance, rodent infestation or unreasonable
odor production, or after having received a written abatement order from the City Manager, Alameda
County Health Officer or other authorized agents, said person shall at once proceed and continue in good
faith with the abatement of such fly nuisance or control and elimination of rodents or source of
unreasonable odor.
5.72.060 Investigation-Order to abate.
The City Manager, or other authorized agents, including the Alameda County Health Officer, may upon
reasonable cause to believe that fly or odor nuisance, or rodent infestation exists, investigate conditions
productive of flies, fly larvae, pupae, rodents or odor. He shall have the power while in the performance
of his duty to enter upon any premises to discover, or to inspect any thing or condition which is
productive or susceptible to the production of flies, unreasonable odors or rodents. If he determines that a
fly nuisance, production of unreasonable odor, or rodent infestation exists he may declare such condition
to constitute a public nuisance and may issue a written order requiring abatement. The order shall set
forth a time within which the condition shall be abated and shall contain a statement that the owner may
appeal the order to abate the condition to the City Council by complying with the procedures set forth in
Section 5.72.070. The order shall be served in accordance with Section 5.72.040.
5.72.070 Appeal to City Council.
A. The owner and/or tenant may appeal the order to abate to the City Council. Any appeal to the City
Council must be in writing, and must be made within fifteen (15) days from the date of service of the
decision of the City Manager. The request for an appeal to the City Council shall be addressed to the City
Manager and shall be deemed served only when received by the City. Failure to properly serve the request
for appeal to the City Council within the fifteen (15) day period shall be deemed a waiver of the right to
appeal the matter to the City Council and the order to abate shall become final.
B. As soon as practicable after receiving the appeal, the City Clerk shall set a date for the Council to
hear the appeal which date shall be not less than seven (7) calendar days nor more than thirty (30)
calendar days from the date the appeal was filed. The City Clerk shall give each appellant written notice
of the time and the place of the hearing at least five (5) calendar days prior to the date of the hearing,
either by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy
thereof, postage prepaid, addressed to the appellant at hislher address shown on the appeal. At the time set
for the appeal hearing, the City Council shall either affirm, modify or reverse the decision of the City
Manager. Continuances of the hearing may be granted by the Council on request of the owner for good
cause shown, or on the Council's own motion. The decision of the City Council shall be final.
5.72.080 Remedy-Abatement by the City.
A. If the condition is not abated as ordered within the abatement period the City Manager shall cause
the same to be abated by City employees or private contract. Absent consent to enter the subject property
<01 W I'A
I /\ ..-/
for the purpose of abatement the City Manager shall direct the City Attorney to obtain the necessary
judicial authority for entry and abatement purposes.
B. A person shall not obstruct, impede, or interfere with the City Manager, or hislher representative, or
with any person who owns, or holds any interest or estate in any property in the performance of any
necessary act, preliminary to or incidental to, carrying out an abatement order issued pursuant to the
chapter.
5.72.090 Assessment procedure-Record of cost.
The City Manager shall keep an account of the cost of performing the abatement, including reasonable
administrative costs, and shall render an itemized report in writing to the City Council showing the cost of
abatement. A copy of the report and notice shall be served upon the owners of the property and/or tenants
in accordance with the provisions of Section 5.72.040 at least five (5) calendar days prior to submitting
the same to the City Council. Proof of the posting and service shall be made by affidavit filed with the
City Clerk. The Council may make such modifications to the report as it may deem necessary, after
which such report shall be confirmed by resolution.
5.72.100 Assessment procedure-Recordation and collection.
The procedures governing the recordation and collection of the City's costs of abating nuisances shall
be those provided in Section 1.04.061.
Section 3. Severability. The provisions of this Ordinance are severable and if any provision,
clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any
person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect
or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the
ordinance or their applicability to other persons or circumstances.
Section 4. Effective Date. This Ordinance shall take effect and be enforced thirty (30) days
following its adoption.
Section 5. Posting. The City Clerk of the City of Dublin shall cause this Ordinance to be
posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 ofthe
Government Code of the State of California.
PASSED, APPROVED AND ADOPTED this _ day of
AYES:
NOES:
ABSENT:
ABSTAIN:
,2008.
Janet Lockhart, Mayor
ATTEST:
City Clerk