In Re Mathews
Opinion
Lead Opinion
Craig, J.
The city of Pasadena enacted an ordinance regulating the keeping of goats. The petitioner was charged and convicted with having violated section 14 (c) of the ordinance. After sentence she petitioned this court, asking ns to hold the section involved void as violative of the state constitution. Upon the hearing in this court both sides introduced evidence principally intended to inform us upon the habits, culture, and characteristics of goats as well as concerning the flies, which some of the witnesses say accompany them.
We find no conflict between the provision of the ordinance involved in the attack by the petitioner and the code definition of a nuisance or with section 11 of article XI of the state constitution. There is no constitutional question involved in this proceeding which has not been, at least in principle, passed upon in this jurisdiction. The city of Pasadena possesses the police power by virtue of article XI, section 11, of the state constitution. The city may prohibit or regulate whatever is reasonably involved in the preservation of the health or comfort of its inhabitants. (O dd Fellows’ Cemetery Assn. v. San Francisco, 140 Cal. 226 [ 73 Pac. 987 ].) That the…