05 Staff Report - Amending Town Code Chapter 4, Article 1MEETING DATE: 2/07/05
°w" ITEM NO. 5
COUNCIL AGENDA REPORT
~O3 GA
DATE: January 20, 2005
TO: MAYOR AND TOWN COUNCIL
FROM: ORRY P. KORB, TOWN ATTORNEY
SUBJECT: ADOPT ORDINANCE AMENDING TOWN CODE, CHAPTER 4, ARTICLE
I, REPEALING SECTION 4.10.085 CONCERNING STEEL ANIMAL TRAPS
RECOMMENDATION:
1. Adopt ordinance that was introduced at the Council meeting of January 18, 2005.
2. Instruct the Clerk Administrator to either:
(a) publish the ordinance within 15 days after adoption, or
(b) publish a summary no more than 15 days after adoption (if summary published
before adoption).
DISCUSSION:
On January 18, 2005, Council introduced the attachment, which amends the Town Code, Chapter
4, Article I concerning steel animal traps.
Attachments : Ordinance
PREPARED BY: ORRY P. KORB, TOWN ATTORNEY OPK:LMB/wp [NAATY\Trap-Adopt.TCR.wpd]
Reviewed by: anager % Assistant Town Manager Clerk Administrator
Finance Community Development
LCCV: 1/6V/U.) 11/:60 dill
Reformatted: 7/19/99 File# 301-05
ORDINANCE
AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING
TOWN CODE CHAPTER 4, ARTICLE I, BY REPEALING
SECTION 4.10.085 CONCERNING STEEL ANIMAL TRAPS
WHEREAS, Town Code section 4.10.085 was adopted in 1994 in order to prohibit the
use of steel jawed traps as defined in Fish and Game Code section 4004;
WHEREAS, an initiative entitled Proposition 4 was approved on November 3, 1998,
adding section 3003.1 to the Fish and Game Code to prohibit all forms of body-gripping traps,
except where authorized federal, state, county, or municipal government employees determine
that the use of a padded jaw leghold trap is necessary to protect human health or safety;
WHEREAS, Town Code section 4.10.085 has caused confusion regarding the authority
of authorized county employees to use padded jaw leghold traps to protect human health or
safety in Los Gatos; and
WHEREAS, in light of the prohibition contained in Fish and Town Code section 3003. 1,
Town Code section 4.10.085 is no longer necessary and should be repealed in order to avoid
further confusion regarding the authority of authorized county employees to use padded jaw
leghold traps to protect human health or safety in Los Gatos.
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ORDAINS:
SECTION I
Chapter 4, Article I, is amended by repealing section 4.10.085.
SECTION II
In the event that any part of this ordinance is held to be invalid, the invalid part or parts shall
be severed from the remaining portions which shall remain in full force and effect.
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SECTION III
This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los
Gatos on , 2005, and adopted by the following vote as an Ordinance of the Town of Los
Gatos at a meeting of the Town Council of the Town of Los Gatos on , 2005. This
Ordinance takes effect 30 days after it is adopted.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
NAATY\Trap-Repeal.ORD.wpd
NAATY\Trap-Repeal.ORD.wpd
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