HomeMy WebLinkAbout6.3 Dog Fancier Permit CITY OF DUBLIN
AGENDA STATEMENT
City Council Meeting Date: May 26, 1987
SUBJECT: Public Hearing: Appeal of City Manager's Denial' of Animal
Fancier's Permit to Maintain Four Dogs at 7725 Hillrose Drive
EXHIBITS ATTACHED: 1) Excerpt: Dublin Ordinance 27-87: Animal Control
2) Copy of Application from M. Laura Aguilar
3) Copy of November 25, 1986, inspection report
4) Copy of May 1, 1987, inspection report
5) Copy of May 6, 1987, letter denying permit
6) Letter dated May 11, 1987, requesting appeal
7) Animal Fancier's Rules and Regulations
8) Summary of complaints dated May 18, 1987
9) Letter from Police Chief dated May 12, 1987
RECOMMENDATION: `\/1) Open Public Hearing
V 2) Receive Staff presentation.and public testimony
3) Question Staff and the public
4) Close Public Hearing and deliberate
5) Uphold denial of Animal Fancier's Permit
FINANCIAL STATEMENT: None.
DESCRIPTION:
The City Council enacted Ordinance No. 27-87, which establishes regulations for
Animal Control activities, as part of the comprehensive Municipal Code update. The
revised ordinance took effect on April 13, 1987.
Prior to the City Council action, the County of Alameda Animal Control
Department had been processing the appeal of an Animal Fancier's Permit pursuant to
the County Ordinance. The appeal was inadvertently scheduled before the Board of
Supervisors. The County Counsel removed the item and directed it to the City of
Dublin, prior to action by the County Board of Supervisors. The Board did not have
jurisdiction to rule on the appeal.
At the time this was brought to Staff's attention, the City was in the process
of revising this section of the municipal ordinances. Therefore, the City Attorney's
office recommended holding the application in abeyance until the revised ordinance
was adopted. Both the County Ordinance and the revised City Ordinance require an
Animal Fancier's Permit for anyone keeping more than two dogs or two cats in a
residential zoning district (Section 2 of Article 1 of Dublin Ordinance 27-87).
However, it seemed appropriate to handle the matter under the City's Ordinance which
specifically refers to Dublin enforcement appeal procedure.
On April 17, 1987, the City of Dublin received an application for an Animal
Fancier's Permit from M. Laura Aguilar. A copy of the application is attached for
your reference. The application requests a permit to maintain four dogs at 7725
Hillrose Drive. The dogs are described as one German Shepherd, one Malamute, and two
German Shepherd/Malamutes.
Alameda County Animal Control had conducted an inspection on November 25, 1986.
A copy of the inspection report is provided for your reference. The purpose of this _
inspection was to ascertain whether a permit should be issued in accordance with
Alameda County Ordinances. The permit was denied due to the findings in the report,
continuing violations, and complaints regarding fencing, sanitation, and pet
disturbances.
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ITEM NO. COPIES TO: Applicant
Chief Shores, Director,
Animal Control
A follow-up inspection was conducted on May 1, 1987. The purpose of this
inspection was to respond to the permit request submitted in accordance with City of
Dublin Ordinance 27-87. A copy of this report is also provided for your review.
Based on this report and other findings, the City Manager denied the request for the
Animal Fancier's Permit. A photocopy of the letter dated'May 6, 1987, is provided
for your reference. This letter identifies the basis for the denial. As noted in
the inspection report, the premises were not kept in a clean and sanitary condition.
Staff has also provided a detailed summary of the ongoing complaints related to
the maintenance of these animals on the premises. The summary is contained in
Exhibit 8 of this report. As indicated, the background shows numerous contacts with
the Department of Animal Control. In addition, Dublin Police have also had contact
with the applicant. On two occasions, a citation was issued for violation of Dublin
Ordinance 4-84 related to excessive noise. In an incident which occurred on May 8,
1987, four dogs were impounded in accordance with Section 370 of the Penal Code.
This section regulates the handling of a public nuisance. The impounded animals were
released pursuant to the conditions shown in a letter dated May 12, 1987, from the
Police Chief (Exhibit 9). Condition #3 did not allow returning the animals to 7725
Hillrose Drive unless an Animal Fancier's Permit is issued.
The continuous lack of a corrective response supports the denial of the permit
request. The Director of Animal Control has developed rules and regulations for the
review of permit requests. The development of rules and regulations is explicitly
authorized in Section 5 of Article 1 of Ordinance 27-87. These guidelines were also
used in evaluating the appropriate action to be taken on the permit request. The
records do not support the issuance of this permit.
Based on the findings contained in the letter dated May 6, 1987, and the
materials presented in this report, Staff would recommend that the City Council
conduct a public hearing, receive testimony from the applicant and the public,
deliberate, and uphold the denial of the Animal Fancier's Permit.
ORDINANCE NO. 27 -87
AN ORDINANCE OF THE CITY OF DUBLIN
RELATING TO ANIMAL CONTROL
The City Council of the City of Dublin does ordain as follows:
ARTICLE 1. GENERAL
Section 1. DEFINITIONS. For the purpose of this Chapter,
-- ' unless it is plainly evident from the context that a different
meaning is intended, certain terms used herein are defined as
• follows:
(a) "Dog" shall mean any member of the canine family and
shall include female as well as male dogs.
(b) "Owner" shall mean any person, firm or corporation
owning, having an interest in, or having control or
custody or possession of any animal.
(c) "At large" shall mean a dog off the premises of its
owner and not under restraint by leash, or chain, or not
otherwise controlled by a competent person.
(d) "Animal" shall mean any mammal, including but not
limited to, horse, cow, goat, sheep, dog and cat.
(e) "Horse" shall include mule, burro, pony, jack, hinny or
jenny.
(f) "Wild animal" shall mean any animal not ordinarily and
customarily domesticated, including, but not limited to
skunk, raccoon, oppossum, squirrel, and fox, but under
human control.
(g) "Person" shall include any person, partnership,
corporation, trust, and association of persons.
(h) "Director" shall mean the City Manager or his authorized
representative.
(i) "Shelter" means facility designated by Director for
impoundment of animals.
(j) "Area" means the incorporated area of the City of
- Dublin.
(k) "Household pet" means (1) any animal normally
i domesticated and kept inside a dwelling including but
not limited to parakeets, canaries, aquarium fish; (2)
_ any dog or cat not otherwise regulated by this Code.
RHIBIT
a
(1) "Livestock" means any domesticated farm animal,
including but not limited to, horse, cow, sheep, goat,
' rabbit, poultry and any commercial fur bearing animals,
including but not limited to, mink and chinchilla, but
3� does nob mean or include household pets.
Section 2. ANIMAL FANCIERS PERMIT REQUIRED. No person shall
keep more than two (2 dogs or keep more than two (2) cats, or
keep any livestock as accessory to any dwelling unit located in
any "R" Zoning District as designated on the City Zoning Map
except in accordance with the provisions of a valid Animal
Fanciers Permit issued by the Director.
Permit Procedure.
(1) An application for an Animal Fanciers Permit shall be in
z the form required by the Director and shall be
accompanied by the fee established by resolution of the
q City Council.
(2) Upon receipt of an application, the Director shall make
any appropriate investigation and shall issue the Animal
Fanciers Permit if he finds all the following:
(a) The keeping of the requested animals at the
_ - location specified in the application will not
' " ~�.•s violate any law;
(b) The keeping and maintenance of the requested
animals can be in accordance with those standards
- adopted for this purpose by the Director and the
1 - County Health Officer;
_ (c) The keeping and maintenance of the requested
animals will not endanger the peace, health or
safety of persons in the immediate vicinity, or in
< the City as a whole;
(d) The premises and housing where the requested
animals are to be kept are in clean and sanitary
condition, and any requested animal will not be
subject to suffering, cruelty or abuse;
,(e) The applicant has not had a permit, issued pursuant
to this Chapter, revoked within a year prior to the
date of the application;
(f) The keeping and maintenance of the requested
animals does not constitute a public nuisance.
(3) The Animal Fanciers Permit shall be issued for a
jspecified term, at the discretion of the Director, but
1 - in no event to exceed a three year term.
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Section 3. REVOCATION AND SUSPENSION. Any permit issued
pursuant to this Chapter may be revoked, if, after investigation
and written notice to the Permittee, the Director finds any of the
following to be true:
(a) The permittee, his agent or employee has been convicted
of any offense involving the violation of Sections 596
to 599 inclusive, of the Penal Code or is in violation
of any zoning, health and safety of building ordinance
relating to the keeping of the permitted animals; or
(b) The permittee has failed to keep and maintain the
premises or housing for the permitted animals in a clean
and sanitary condition; or
(c) The permittee has, at the place for which the permit is
issued, failed to provide any animal with proper food,
water, shelter or attention; or
(d) The permittee has violated any rules, regulations or
conditions adopted by the Director as necessary to
insure the permitted animal will not endanger the peace,
health or safety of any person or property; or
(e) The permittee has changed the location of his residence
-- or sells, assigns, transfers, donates, leases, or
otherwise disposes of the permitted animal for which the
permit was issued.
If, after investigation, the Director concludes that it is
probable that one or more of the above grounds for revocation has
occurred, he shall cause written notice thereof to be transmitted
by certified mail to the address of the permittee. Said notice
shall specify the grounds of possible revocation of the permit and
shall specify a date and time for an informal hearing to be held
- before the Director thereon. Said date shall not be less than ten
days subsequent to the date of deposit of the notice in the mail.
After the informal hearing, the Director may modify the terms
thereof or revoke the permit depending upon the permittee's
ability and/or willingness to comply with the requirements of this
ordinance.
In the event that it is reasonably necessary to protect against an
immediate threat of danger to the public health or safety, the
Director may suspend any permit summarily, without a hearing, for
a period not to exceed thirty days.
Section 4. INSPECTION; IMPOUNDMENT. The premises on which a
permitted animal is maintained shall be open at any reasonable
hour for inspection by the Director.
The Director shall have the authority to enter the premises at any
reasonable hour in a lawful manner, and to take up, impound, and
safely keep any animal upon denial, revocation, or suspension of a
permit or when any owner refuses to apply for a permit.
Procedures for the reclamation, redemption and destruction of
impounded animals shall be accomplished pursuant to this Chapter.
Section 5. RULES AND REGULATIONS. The Director shall adopt such
rules and regulations in conformity with, and for the purpose of,
carrying out the intent of this Article as he deems necessary.
Compliance with such rules and regulations shall be a prerequisite
to the issuance and continued validity of any permit provided for
in this Chapter.
Section 6. APPEALS. Any person aggrieved by any decision or
action resulting from the application of this Chapter may appeal
to the City Council within five days from the date of permit
denial. The filing of an appeal shall stay the decision or action
appealed from; provided, that the filing of an appeal shall not
stay any order of suspension or revocation.
— Section 7. PERMIT FEE EXEMPTIONS. The applicant for an animal
fanciers permit for livestock shall be exempt from any permit fee
if such livestock are owned and raised by the appplicant as a
member of and as part of the regular activities of, a nonprofit
-- youth organization which is formed primarily for agricultural
purposes.
_._ .... —, ARTICLE 2. DOG LICENSES
Section S. DOG LICENSE REQUIRED. Every person within the area
owning, possessing, controlling, harboring, or keeping any dog
over four (4) months of age shall procure a dog license tag for
each dog, and annually thereafter, so long as such ownership,
possession or control continues.
Section 9. EXEMPTIONS. This Article does not apply to dogs
found within the area under any of the following conditions:
(a) When the dog is owned by, or in the care of, any person
who is a nonresident or who is traveling through the
area, or who is temporarily sojourning therein for a
period of not exceeding thirty (30) days, if the dog is
not permitted to run at large.
(b) When the dog is brought into the area and kept therein
for a period not exceeding thirty (30) days, for the
exclusive purposes of entering the dog in any bench
show, dog exhibition, field trials, or competition, if
the dog is not permitted to run at large.
RECJE Iky
CRY OF DUHUN
APR 17.lj-,�l ► P. O. Box 2340
Dublin, CA 84588
:CITY W.
APPLICATION FOR PERMIT
Exotic Animals Date 7 (�
Animal Fanciers Permit No.
1. Your name k A u IL 4 A Gc..f l L A /t.
2. Your address / /�S 1-11 L L ZZ6 l` . �(./aL Al
3. ' Your phone number a m �_(o d Work phone number 0
4. Address of -premises where animals will be kept if not the .same as .
No. 2: ,
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+� 5. Number and description of each of the animals for which -a' p eri mit
� is being requeste
6. Describe housing facilij,*es, using appropriate measurements
ybe i ke t for r axons other than er on 7. rt=n s 1
reasons, so indicate: p�yL - 4e7107--_14-5/�7
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8 . The premises on which a permitted animal is maintained shall be
Qpen 'at any reasonable hour for inspection by the Director or
his representative.
Your fee of X30 .00 must accompany your application. This fee is not
refundable. If the permit which is herein requested is granted, •the .
applicant agrees to abide by the rules and regulations as well as any
; . specific requiremenQt�s, imposed.
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Applicant's Signature
Office use
Fees . (Receipt No)
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COURTHOUSE, 1225 FALLON STREET, ROOM 103, OAKLAND,CALIFORNIA 94812.4381
MEMORANDUM
DATE: May 5, 1987 CHARLES C. PLUMMER
SHERIFF
FROM: J. L. Friese, Sergeant, O.E.S.
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TO: Paul Rankin, Assistant Ci Manager, Dublin
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1 SUBJECT: Animal Fancier Permit -- Laura -Aguilar
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Per our telephone conversation of March 30, 1987, an inspection of the property
at 7725 Hillrose Drive, Dublin, was conducted by Animal Control . The results
of the inspection are incorporated in the attached report.
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EXHIBIT
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Alameda County Animal Control
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F-xotic Animals/Animal Fancier Permits
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19 J- CITY OF DUBLIN
P.O. Box 2340 DUBLIN, CALIFORNIA 94568
CITY OFFICES
6500 DUBLIN BLVD. May 6, 1987
ADMINISTRATION
829-4600 Ms . Laura Aguilar
7725 Hillrose Drive
BUILDING INSPECTION Dublin, CA 94568
i 829-0822
' Subject : Animal Fanciers Permit Application Dated
CITY COUNCIL April 17 , 1987
829-4600
Dear Ms . Aguilar:
CODE ENFORCEMENT g
829-0822
On April 17 , 1987 , you made application with the City of
ENGINEERING Dublin for an Animal Fanciers Permit to keep four (4) dogs
't 829-4927
on your premises.
FINANCE Since your application, both the Department of Animal
i 829.6226 Control and Police Department have had numerous contacts
with you regarding the dogs which are kept on your premises .
Animal Control has inspected your premises with respect to
PLANNING your application for an Animal Fanciers Permit . Animal
8294916 Control has indicated that the back yard area where your
dogs are kept is skattered with dog manure , there is
POLICE evidence of the common fence with your neighbor being
829-0566 chewed, and evidence of a fly and odor problem. The Police
Department has indicated that on several occasions they have
j PUBLIC WORKS personally witnessed a violation of the City' s Noise
829-4927 Ordinance , by the dogs being kept on your premises . Based
on this report , I cannot make the necessary - findings to
i approve your Animal Fanciers Permit Application. These
!� RECREATION findings are as follows :
829.4932
- 1) You have failed to keep and maintain the premises or
housing for your animals in a clean and sanitary
condition.
A 2) Your dogs have violated Ordinance No. 4-84 of the City
Municipal Code (Noise Ordinance) .
3) Based on contacts with your neighbors , as well as the
condition of your side yard fence, it is apparent that
the maintenance of these animals on your property do
endanger the peace, health and safety of persons in the
1 immediate vicinity.
4) The keeping and maintenance of these dogs on your
premises does constitute a public
SO'
UNIT
i!
-� Ms. Laura Aguilar
Page 2
Based on these findings , your Animal Fanciers Permit is
hereby denied.
In accordance with Ordinance No. 27-87 , you have five ( 5)
days from the date of my action to appeal my decision to the
Dublin City Council , or to remove those animals which exceed
the number of dogs permitted by the City' s Animal Control
` Ordinance (not more than two (2) dogs ) . If you do not
appeal the action or remove the dogs , Animal Control will be
directed to remove the dogs from your property and impound
those dogs at your expense.
If you have any questions regarding my decision, you may
contact either myself or my assistant , Mr. Paul Rankin at
( 415) 829-4600.
Sincerely,
Richard C. Amb e
RCA:kk City Manager
cc: John Severini , Police Department
Animal Control Offices
Paul Rankin
I hereby acknowledge receipt of this letter denying my
Anima Fanciers Permit.
Signatur Date
'ti;
RECEIME
.MAY 11158
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COUNTY OF ALAMEDA
ANIMAL FANCIERS ORDINANCE ,
RULES AND REGULATIONS
The following rules and regulations are adopted pursuant to Chapter 3, of Title 3, Section 3-
45. 5 of the Alameda County Ordinance Code. Compliance with these Rules and Regulations
shall be a prerequisite to the issuance and continued validity of any permit provided for in
this article.
I. Animal Fancier
An animal fancier is any person owning or keeping any animal over and above those
provided for elsewhere in Chapter 3 of the Alameda County Ordinance Code as:
A. Pets
B. Show animals
C. Working or hunting animals
D. As means of improving the breed
II. Application Procedure
A. Application for Animal Fanciers Permits shall be submitted to the Director of
Field Services on forms provided and accompanied by the fees specified by Re-
solution of the Board of Supervisors.
B. Initial inspection of the applicant's premises shall determine whether the site
complies with the Health Officers standards (Attachment A).
C. If, during the initial inspection, the Director, or his designated employee, is
unable to determine that the applicant's premises comply with the Alameda County
Ordinance Code, the Health Officers standards or these regulations, the Director
may request the assistance of any appropriate county department.
D. When it is determined that all of the provisions of the State law, Alameda County
'Ordinance Code and these regulations have been met, the Director may issue a
permit.
E. Animal Fanciers Permits may be revoked pursuant to Section 3-45. 2, Alameda
County Ordinance Code, or for giving false information to the Director concerning
any permit.
HI. Inspection.
A. Inspection of the applicant's premises prior to issuing a permit shall include, but
not limited, to the following:
1. Competence of the applicant to comply with the law and rules.
2. Adequate housing and/or fencing shall be provid animals and
protect them from extremes of the elements.
<i
Page 2
3. Cages and enclosures shall be of sufficient size to provide ample space for exer-
cise and bedding appropriate for the animal must be furnished.
4. Fencing for livestock shall meet the minimum standards set forth for a "lawful
fence" in Section 17121, Food and Agriculture Code.
5. When required, for safety, cages must be protected by "lawful fencing" at least
six (6) feet from the cage.
6. Shelters, cages, etc. , must be kept in good repair with no protrusions or appur-
tenances on which the animal could injure himself.
7. Nothing in these regulations is intended to imply that any requirement of the
Health Officer, Planning or Public Works Department is waived or that permissi,
is automatically granted.
8. The inspecting officer shall determine, by personal contact with at least two
households in the immediate vicinity, whether the issuance of a permit would
endanger the peace, health or safety of persons in the immediate neighborhood.
IV. Feeding
A. Feeding shall be done regularly with appropriate rations for the type of animal
permitted so as to maintain proper strength and healthy appearance.
B. Fresh and clean water for drinking shall be available in appropriate containers
at all times. All containers must be kept clean and sanitary.
V. Treatment and Sanitation
A. All animals permitted shall be treated humanely and afforded proper health care.
Diseased animals shall either be given immediate care by a veterinarian, licensed
to practice in California, or, if advisable, disposed of in a humane manner.
B. The Director may order veterinarian care for any animal neglected or uncared
for by the permittee or other responsible person and the cost of such care shall
be a lien on such animal pursuant to Section 597 P. C.
C. The standards for sanitation and care, established by the Health Officer, sr:�'l be
complied with.
VI. General
A. Permittees may be required to post premises where any animal may be a danger
to t le Duclic With signs acceptable to the Director,
informing the public Li
possible danger.
�I
i sage 3
B. All permits and any other records required by law or regulation shall be maintained
by the permittee and displayed upon request to any person legally authorized to in=
spect-such records. This includes, but is not limited to, any Health Officer or
`s. Peace Officer.
C. Animals permitted must be maintained in such a manner that resulting noise does
not disturb the peace and quiet of the neighborhood.
U. Minimum Enclosure Specifications
A. Definition: An Enclosure is defined as any cage, pen, lot pasture or container
the purpose for which is to confine any animals permitted under this article.
Materials used to construct an enclosure shall be of a strength to prevent destruc-
tion or escape by the animals confined therein.
B. Minimum enclosure sizes (all sizes are in feet - length, width, height):
1. Rabbit - 6 x 3 x 2 1/2
2. Mink - 3x5x3
3. Goat-Sheep - 50' x 50' with minimum fence height of 6'
4. Fowl
a. Pea fowl - 24 x 12 x 7
b. Pigeon - 4 x 6 x 6 (more than two, increase area by one (1) square foot
per additional pigeon)
5. Horses, steers, cows - minimum size 200 square feet with no side less than
10 feet long. Minimum fence height 4 feet. .
i
6. For animals not listed, enclosure sizes will be established by the Director.
Y
s.� '
SUMMARY RECORD OF COMPLAINTS
INVOLVING 7725 HILLROSE DRIVE
Prepared May 18, 1'987
Animal Control
1/24/86 Two complaints regarding barking dogs and number of dogs. Animal Control
reviewed on 1/25/86 and found two mature dogs and eight pups. Animal
Control issued a warning for barking and advised the owners of the need
for a Fancier's Permit. Received citation, court provided 30-day
extension.
2/4/86 Complaint regarding number of dogs. Animal Control issued barking noise
warning. Also citations for no license on five dogs and no Fancier's
Permit.
8/1/86 Complaint regarding dogs running at large. Officer noted two dogs
running at large. Owner showed officer completed application for
Fancier's Permit. Owner was cited for no dog license on three dogs and
two dogs running at large.
11/22/86 Warned regarding report that dogs were in violation of leash law.
2/19/87 Complaint regarding leash law and dog feces. Two dogs had license which
expired the same month. Owner was given 24 hours to renew.
3/4/87 Owner was warned that complaints had been received regarding dogs running
at large.
3/31/87 Owner was warned that Animal Control had received complaints regarding
dogs running at large.
4/5/87 Owner was warned as described above. Also warned regarding barking.
Police Department
3/22/87 Noise complaints. Citations were issued pursuant to City of Dublin Noise
& 5/6/87 Ordinance 4-84.
5/8/87 Complaint regarding noise at 2:27 a.m. Unable to reach responsible
party. Second complaint at 5:25 a.m. Continued attempts were made to
reach owners. 10:30 a.m. - Animal Control responded and four dogs were
impounded on request of Dublin Police Services pursuant to Section 370
Penal Code "Public Nuisance."
- EXHIBIT
1A1Vf'_,'jI 1;11 !P.4 - "ij ii, NON4n
Of
POLICE SERVICES
�82 CITY OF DUBLIN
P.O. Box 2340 DUBLIN. CALIFORNIA 94568
CITY OFFICES
6500 DUBLIN BLVD.
ADMINISTRATION
829-4600
BUILDING INSPECTION DATE: May 12, 1987
829-0822
FROM: Police Chief
CITY COUNCIL
829-4600 TO.* Laura Aguilar
Norma Lerma
CODE ENFORCEMENT SUBJ: CRITERIA FOR RELEASE OF IMPOUNDED ANIMALS
829-0822
On May 8, 1987, four dogs owned by you were removed from
ENGINEERING your property and impounded pursuant to section 370 of the
829-4927 Penal Code (Public Nuisance) . These animals may be
released to your custody providing you meet the following
FINANCE criteria:
829-6226
1 . Accured fees are paid to Animal Control for the period
May 8-10, 1987.
PLANNING
829-4916 2. You provide satisfactory evidence of current rabies
-vaccination for each respective animal.
POLICE
829-0566 3. Under no circumstances are you to return these dogs to
7725 Hillrose, Dublin, CA until or unless the City
Council grants your appeal and issues an Animal
PUBLIC WORKS Fanciers Permit.
829-4927
4. Should you ignore item #3 above, the dogs will again
RECREATION be impounded and you will be issued a citation for
829-4932 continuing to maintain a public nuisance. -
I acknowledge that I have read and understand the contents
of this memorandum and will abid by the condition
outlined herein.
21z��1
Norma Lernta'
C..�L' ty..Manager�'i
EXHIBIT.