Ord 1490 - AN URGENCY ORDINANCE OF THE TOWN OF LOS GATOS DECLARING CERTAIN TYPES OF FRUIT TO BE A PUBLIC NUISANCE. IMPOSING PENALTIES FOR FAILURE TO STRIP SUCH FRUIT UPON WRITTEN REQUEST, AND REQUIRING DESTRUCTION OF SUCH FRUIT BY THE METHODS SET FORTH INORDINANCE NO. 1490
AN URGENCY ORDINANCE OF THE TOWN OF LOS
GATOS DECLARING CERTAIN TYPES OF FRUIT
TO BE A PUBLIC NUISANCE. IMPOSING PENALTIES
FOR FAILURE TO STRIP SUCH FRUIT UPON WRITTEN
REQUEST, AND REQUIRING DESTRUCTION OF SUCH
FRUIT BY THE METHODS SET FORTH IN THE TOWN
CODE FOR ABATEMENT OF WEEDS.
The Town Council of the Town of Los Gatos hereby ORDAINS:
Section 1. Findings
The Council hereby finds and declares as follows:
1. On December 24, 1980, the Governor of the State of
California proclaimed a State of Emergency in Santa Clara County
as a result of infestation by the Mediterranean Fruit Fly.
3. Federal and State officials plan to eradicate the Fly
by aerial pesticide spraying unless the emergency can be allevi-
ated by less drastic measures such as stripping hose fruit.
3. Since such aerial spraying would create severe health
hazards for the citizens of the Town, it is necessary for the
immediate preservation of public safety that host fruit be properly
stripped and disposed of, and that ordinances requiring parties to
do so become effective immediately.
Section 2. ' Definit'io ns.
1. "Host fruit" is all fruit, including nuts and berries,
and vegetables other than leafy types grown above ground.
2. "Strip" means to strip and dispose of host fruit as
provided in applicable Federal and State .regulations.
3. "Notice" is notice served as provided in California
Code of Civil Procedures, Section 1162, or by deposit in first
class mail by any employee or authorized agent of the Town.
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Section 3. Refusal to strip after notice of infraction
It shall be an infraction for any owner of real property
in the Town of Los Gatos not to strip all host fruit from his
premises within seven (7) days after service of a. notice requiring
him to do so. The notice shall include a copy of this ordinance,
current Federal and State regulations specifying the proper methods
for stripping, and an address and phone number for further infor-
mation and assistance.
Section 4. Host fru 'de'e'med' 'a "weed ".
For the duration of this ordinance, host fruit shall be
deemed a "weed" under Section 14 -13 of the Town Code, and may be
abated in the same manner as other weeds referred to therein.
Section S. Eff date 'and' 't'e'rm
This ordinance shall take effect immediately and shall remain
in effect until April 30, 1981, unless extended.
Section 6. A doption .
The Town Clerk of the Town of Loa Gatos shall cause this
ordinance to be published once within 15 days after its adoption
in a newspaper of general circulation published and circulated in
the Town.
Adopted as an ordinance of the Town of Los Gatos, California.
at a regular meeting of the Town Council held. this 17th day of
February 1981, by the following vote:
AYES: COUNCILMEMBERS' Ruth Cannon, Marlyn J Rasmussen,
Peter V. Siemens, Bre N. Ventura,'and Thom J Ferrito
NOES: COUNCILMEMBERS None .
ABSENT: COUNCILMEMBERS' None
ABSTAIN: COUNCILMEMBERS None
SIGNED:
ATTEST:
CLERK OF THE TOWN OF rS GATOS
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