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HomeMy WebLinkAbout42 - Licensing and Impounding Dogs (Repealed by Ord. 188)ORDINANCE N0. h2 AN ORDINANCE OF TWE CITY OF COSTA MRSA PROVIDING FOR THE LICENSING AND IMPOUNDING OF DOGS s RYGULATI NG THE KEEPING AND CONTROL OF DOGS-. THE CONTROL AND SUPPRESSION OF RABY&S AND OTHER INFE0,TIOUS AND CONTAGIOUS DISEASES: PROVIDING P17WALTIES FOR TIS VIOIJkTIO 7 THFRDOFi AND REPEALING ORDINANCE NO. 19. folloWs: The City Council of the City of Costa Mesa does ordain as ARTICLE I DCG LICENSE TAX SECTION. 1. I,EW OF DOG LICEABF TAX. A license tax is hereby levied upon all dogs or"r three r3? months of age kept within the corporate limits of t'ois City (unless already bearing a Ingally issued current license from the Gounty of Orange) as folio-fs: SECTION 2. AMOUNT OF D0G LICENSE TAX:. For each male dog, at the rate of Two Dollars (O?.00) for license tax year; and for each female dog, which has been spay0 , at the rate of Tvc Dollars (°2.00) per license tax year; and for each female dog, :rhich has not been spayed, at the rate of Three Dollars (A3.00) per license tax year, beginrtng January First of each year, and ending December 31st of the 9" year, payable in advance. SP,CTION 2.1. EXCEPTION: DIGS IN I{Eidi3Ei.5. The annual license tax imposed upon a person harbor -ng a dog shall not app?y to 4 • person conducting or maintaining a dog kennel shall be required to pair the busiiv:ss license tax required under the business license ordinance of this City. SrCTION 3. DUE DATE. Said taz shall be due and payable on January Second of each year, or within thirty (30) days after the owner or other person raving possession of the dog receives such possession, whichever date last occurs. SECTION h. PROOF THAT 3ITCH IS SPAYED. Before any license shall be issued under the provisions of this Ordinance for a spayed female dog, a certificate in writing signed by a person duly licensed to practice veterinary medicine or surgery in the State of California, describing such dog and certifying that said d:,,-), has been spayed, shall be exhibited to, and approved in writing 'cy the PouncL%aster, unless the Pounctnaster is otherwise satisfied that such fc-male dog has been spayed, S�TION K. D-FLIFIZTENCY: 17NALTY. Whenever ary person owning or having possession of any,, :::iich is required to be licensed under this Ordinance shall fail, neglect, or .refuse to procure said license and pay -1- the required license fee within ninety (90) days after its due date as aforesaid, then a penalty shall be added to each such license in the amount of One Dollar (Ik1.00), and such penalty shall be collected, and the amount thereof shall be enfnrced, in the seine manner as the payment of the dog licenses enforced and collected. ARTICLr II DOG LICENSE TAGS SECTION 6. DOG TAGS RMUIRF'Ds FOT14 OF TAGS. It shall be unlaw- ful for any person owning, or raring c?,.arge, carp or control of aro, dog required try this Ordinance to 'oe licensed, to have or keep the same within the corporate Iz,aits of tlrc City (ar_' no such dog shall be permitted to be or remain within the corporate limits Viereof) unless there shall be attached to each sunh dog by means of a collar or harness a metal dog tag, upon which shall be stamped e serial number, the current year, and such other wording as the City Manager shall designate,, SECTION 7. SUPPLY, ISSUANCE OF DOG TAGS. The City Manager is hereby authori-sed to procure, prior to the first day of January of each calendar year, a sufficient supply of tags for the ensuing license tax year, and to issue the same to the Poundzaaster. SFCTION B. UNWFI SED, UNTAGGED DOGS AT LARGE. It shall be unlawful for ally person owning or having charge, care or control of any such dog, to permit or allow the sane to run at large upon ark* street, public way or public place, within the corporate limits of this City, or for any person to permit or allow any such dog to be kept or to remain upon any premises under his immediate control, unless such dog shall be registered as herein provided, and shall have attached to it by means of a collar or harness, a metal dog tag, as described in Section 6. SECTION 9. DUPLICATE FOR STO?,EN, IPST TAG. Whenever a license tag issued for the current year has been lost or stolen, the person owning or having possession of the dog for which it was issued, shall secure orkayment of fifty cents 150¢) to the Founcma3ter, a duplicate license tag for the remainder of said current year. SECTION 10. MISUSE OF TAGS; TPM?ERIi;G WITH TAGS: FRAUD. It shall be unlawful for Ty person to e:ttach any current license tag to arW dog, which tag Mas not tssued for said dog, or to remove a tag from any dog, the property of another, or to counterfeit or imitate a dog tag,*or -2- to attach a counterfeit or imitation tag to an dog; and it shall be unlawful for any person, to m3k3 arty false statement as to any fact required in connection with the securing and issuance of a dog tag, ARTICLE III BOGS AS NUISANCES SECTION 11. KEEPING 077 TROUBLESCME DOGS. It shall bs unlawful for any person owrirg, having oharge, cccu,e or control of any dog to keep the same unconfined or unrestrained upon wV premises within the corporate limits of this City, or to allow the same to run at large within the corporate limits of this City afte.^ such dog has been declared to be a public nuisance by the City Pa)vmdmaster. SECTIO?. DBr,!•A711TG F—My TO BP? A IMSANCE: NOTICE: EFFECT. .When cocupiaint has been :iiadp by t..r,o or aore people or by arq peace officer that a, -V dog,-vii.hin the coi7porate limits of this City is a nuisance by reason cf barking,,oul.ing, grovling, running or charging at or after vW person or vehicle or destiVing or molesting private or • public property or roaming or running at large upon private or public property or for &-W other reason a.ffec;tir+g ptiolic; peace, security, health, auletude, welfare or safety, such: dog r --q be declared by the City Poundmaster to be a public nuisance and written notice of such declaration shall be delivered to the person, o -,,ming or baring charge or- control of such .deg, arA4 thereafter such dog shall be securely tied or kept in an enclosure or on leash, and may be destroyed by the Pound -easter, if running at 1R.zge. ARTIC 1, IV VICIOUS DOGS SIXTIOY 13. TIFSTMINT 01", T7CIOUS DOGS. It shall Oe unlawful for any person owning or ha -ring under his control or custody any ri.cious dog which ha-, erer attacked or bitten a human being, not ;,o keep the same seourely muzzled at all. tines excapt when feeding the same, or within a secure enclosure on the premises of the person owning or having custody or cc,ntrol of the aere, such ene .osure to have four enclosed side3 and to be so constructer? that said dog cannot escape therefrom and to be first approved as to manner and type of corstr,iction by the Building Inspector. SECTirV 14. C+ONTiN MI r VIOLATIOAM. Each dW such dog is kept in violation of thi.5 Article shall be devemed a separate offense hereunder. ARTICLE V UVO'UNDIM OF AWMAIS SECTIOTI 15. PORM, DUTY TO WOURD AMUS. The Poundmaster and the members of the Police ;?orc3 of this City shall be, and they are hereby authorised, directed and empower -ad to seize and impound in the City Animal Pound, if ther3 be a City Aninal Pound, and if there be no such pound, then in the Aninal Pound of the County of Orange, or such other place cohere the City may by contrac l- have obtained the right to impound animals, at any tims hereafter., arkp rowing, wandering diseased, injured, stray-, uno wed or unc:lai:wd doe, or other domestic animal, itithin the corporate Iir�jta of ti is mit f c�'�enever the name mV be found thersin, whether duly licensed according to the provisions of this Ordinance or not. SECTION 16. nVOUtIDM AT RM Ti WRITTEN RELEASE. Whenever the impounding of any such dog or other domestic animal is reoueited by the owner or the, person having possession of the animal, such owner or possessor shall. release said mimal to the City Poundmaster by a written release executed by such owner or person in possession. SECTION 16.1. RR: AL OF WRITTEN RELEASE. The Poundmaster shall have the right to refuse to accept arV such dog or other domestic animal so asked to bs impounded by the owner or person in pcs session thereof if such written release is refused, SECTION 17. LOCATION, DURATION OF 114POMINQ. 'Whenever any dog or other domestic animal in so taken, it shall be confined in the City Animal Powid, or such other pound as is heroin in this Article provided, and shall be carad for, fed, and treated in a humane manner for a period of not less than three (3) days in the case of an unlicensed dog, or other domestic animal, and for a period of not less the.~ five days in the case of ar7 licensed dog. SECTION 17.1.. RFM"IM BY 011MER: MfE. Any licensed impounded dog may be redeamed by the o°,ner thereof Athin five (5) days after it is impounded, and any unlicensed dog, or other domestic animal mW be redeemed by the owner idthin thres (3) davvs after it is impounded. SECTIM 17.2. NOTICE TO VNER OF LICENSED DOG. Upon impounding a licensed dog, the Pound aster shall :Lmmediately give notice to the owner at the address upon the reenipt issued for the dog tag, of the impounding -h- of such dog. SECTION 17.3, SALE OF UNR MERE -D DOG. If arc dog or other domestic, enimals shall not be redeemed by &.e owner or keepor thereof, within the times heroinabov: provided, then said dog or other domestic animal may be Vrereaftor sold by the Poazndmaeter to arW person: having the ability to care for thn ealae, who fir;3t nom -plies with the terms of the sections of this p rticle r elaLi ae to the par"nt of coat of feed and care, Plus t"z@ Sum of 4-1..00 pound fee, 1511io the paymont of artfi required license tax. MT ION 1'.!!. lCKOW TO BF PA1.0 ?Or( CARE A" FMING. PjV person recesmi ng any 3mpou_uded dog or other. &omestic animal shall pay a care eLnd feeing -I arge of fifty cents (50r) r)ar twerty-four (24) hour period. MUM 17.5. DESTRUCTION OF 13-rM LS. rio notice of sale or advertising of arg, kind shall be required- and all unradeemed dogs or other domestic animals wlhlch have not beer_ sold ,fithin forty-eigat (48) hours atter the artpiration of the redAymption periods above provided, shall forth- ifith be destroyed try the Poundmaster ir a humane manner. SRCTZON 18. RFS^,EZi''i'S FOR PEM51 CFIAPIGES, SALES. The Poundmaster shall isauo receipts iYArip7{cate, rn,mbereed consecutively, for all fees, feeding charges and proceeds o:t eale collected by him hereunder, giving one copy to the person mat � ��g the piy, ent, f4irnlshi rg one to the City Fiscal. Officer, and rataining the remaining copy for W.s record. SIMT10N, 19. B12LING 1-1,I3EASED OR i'ti. PRED DOG. In any case of a dog or other domastic animal whioh is diseased or in jurod beyond reasonable hope of recovery, the Pouneumast?:r rang kill the same or cause the same to be IrAlled, in a hviann mannar. ARTiGLE VI POUVW&ST`IR SECTION 20. CREATION OF 077TCt. They ofd ee of the City Poundmaster is hereby created for this City. ..SEC9'IOA 21. APPOZN41'MINT: rh*P—LOsr M- qT C(MMACT. The Poundmaster to be appointed i the Council by e�rp2o?mPnt contract, or otherwise, upon either a fr-? 1 or part -W.me basis, in tho discre t-ior_ of the Council. Ss.OTIO'.'T 22, SALARY.' 3F -19WIT, The salary of the Poundmaster shall be fared frog time to time by the Council, either by resolution or 4- by ark* employment contract to be a3opted by resolution of the Council. SECTION 23. AMALS FOR V -M- SWTI01T. The City Poundmaster or person in charge of the City Animal Poand, shall not sell or give or permit to be sold or given any live animal in his care, or impounded in the City Anima Found for the purposes of vivisection or experimental purposes. ARTICLE. PTI DUTIES OF POUIMMASTER MMON 24. 21-MM"EcATE) DVT1'w1 OF' POMULiSTER. The Poundmaster shalt havo the folloirl-rg c'uties: S?MON 2i;.2. SUP13TRVISIMN OF POLfrTD: CARE Cr AYDLUB. He shall haw chargo of ti -,e Clty 1.nia•ial »ound, anti shall be responsible for the m- nage:iient of the sazie and mai�taining same In <a clean and sanitary, condition at all tines. SECTION 2L.2. RNCORAS. Iia shall kesp such records as maV be prescribed from tim- to time in rorn"tion with his duties. SECTION 2h.3. Mgri"MZ REPORTS TO CI`IT MANAGER. He shall wake a monthly report to the City Maznager ca-oring all license taxes collected, the ramber of aninals recelved at the pound, t'ze number disposed of, the manner of disposal, and of all oth:;r ;natters in connection with the ope, ation and meintenanca of the City Animal Pound. SECTION 24.4. DOG LICENSE . 'As shall collect dog license tams, as herein prrn-ided, and he shall keep a racord of such license taxes so collected, i.rcluding the names and addresses of the owner or other person paying such li.conse tax, the number of metal license tags issued for each dog, grid such dog Is br. Red axd nPne. SECTION 24.5. DISPOSITION OF MONIRS. He shall pay all license taxes and other monies othnrwdse collected c rer to the City Fiscal Officer for the general thnd of the City. SFCTI%T 24.6. PROPTSION FOR FM AS SALARY. 3Iowever, the Council may, by contract �fj th th- a City Poundrmstnr, provide for the Poundmaster to retain all pomp d fees, and ;nclueing dog license taxes, as a part of the Poundmasteres aalax7. SECTT(W 2h.7. a DDITI(7i` AJ, DTITIF", He shall perform such other duties as may be prescribed by the Council from time to time. SECTION 2b.8. rVTY OF FWOPa^,F,MFhTI,'. It ehall be his duty to -6- carry out the provisions hereof to the end that all unlicensed dogs found running at large shall be impounded, or a license tax collected therefor; and that all strap unclaimed, and dioeased domestic animals shall be impounded and disposed of as her -An provided. SECTION 2.5. FEES FOR R'-MOVAL OF ANIMAM FOR OWMS. The Poundmaster shall upon roquest of any owner or possessor of ar7 dog or other domestic animal, remove and dispose of such dog or other domestic animal, and shall collect from such owner or possessor th3 stns of `'1.00 for dog, or other small animal, and the sum of 12.00 for large anime2s, plus arty actual cost incurred in such ramoval and disposal. AuTTti(,'IE VIII QUARMIT111" OF D(*'.: RABIES SECT1019 26. AUTHQ 3ITY TO QUNRANTINE DOCS, The Poundnaster shall have the .authority to quarantine dogs or other domestic animals which have or may reasor..ably he suspected of having aW infectious disease or contagious disease whsn such dogs or other domestic ardmals are running at large wiV!out satisfactory isolation, and which are infected with rabies. SECTION 27. DISPOSITION OF DMS tfM, RABIES. If, upon examination, the County of Orange Livestock Inspector shall determine that arW dog or other domestic animal is infected or kfflicted with rabies, he may cause such dog or other animal to be destroyed imzuediat3ay, except, that whenever reasonable cause exists for believing that any such dog or other animal has bitten, scratched or otherwise exposed any parson, such dog or other animal shall be confined and Crept under observation for such period of time as may be necessary to make a final destertrdnation of the physical condition of such dog or other aninal. SECTION 27.1, PENALTY FCR RfiiOilM FR(^.V, (QUARANTINE. It shall be unlawful fbr any person to reviove from ar7 place of isolation or quarantine ary animal which has been isolated or quarantined and provided herein. ARTICLE I PENALTY ANT) ENACT110-MT SECTION 28. MALTY. Any firm, person, corporation, violating arty of the provisions of this Or -finance shall be deemed guilty of a misdemeanor and upon conviction.thereof, eof, shall be punished by imprisonment in the City- or County jAt for a period of not more than three (3) months, or by a fine of not more t1izri 7hree 1aindred Dollars (8300.00), or by both such fine and iripriso_unent. SECTIOU 29. EFF TIVE DATE. This Ordinance is hereby declared -7- to be an emargeney measure necessary for the itiaediate preservation of the public peace, health and safety, aryl shell take effect immediately. The following is a statement of the facts snowing its urgency: That the County of Orange has ceased to collect license fees for dogs in the corporate limits of this City and to care for dogs therein. That under e7isting conditions no control of do;;s or other animals exists within the City thereby creating a hezardous condition and endangering the public health and safety of the people �:i thin the City. This Ordinance sha?1 take of ect immediately and within fifteen (15) days shall be posted in three public places in the Ci•V of Costa Mesa, with the natrtes of the membera of the City Counetl voting for and against the same. PASSED ANC ADOPTED this 26th day of April, 1954. ,I 42�_Ryon -of t y o ? CUT& Mesa ATTEST: GT •� ��v-y�is GIry clerk of the spa 'Fi�sa" STATE OF CALIFORNIA) COUNTY OF ORANGE )SS CITY OF COSTA MESA ) I, A. C. S! ARM, City Clerk of the City of Costa Mesa, do hereby certify that at a regular meeting of the City Council of the City of Costa Mesa, held on the 26th dV of April, 1954, the foregoing Ordinance, containing 29 sections, was considered section by section, and that the said Ordinance was then passed and adolpted as a whole by the following vote: AYFS: 5 - Councilmen 11artin, Nelson, Pinkley, Smith and Tedinkle NOES: 0 - Councilmen - Nam ABSENT:O - Councilmen - None -� I further certify- that said Ordinance -�faa thereupon signed by the Mayor of:�he City of Costa Mesa. ftpGl o� �.he "�itq of CoStAMesa" STATE 17? CALTV- oRNIA) COMM OF ORAKOE )SS Ci9i Or` COSTA MMA ) I, A. C. SWiiTTITZ, City Clerk of the City of Costa Mesa, do hereby certify that on the 5th day of Ysy, 1952,, I posted the foregoing true and correct copy of the foregnin„ Ordnance in- the following public places in the City: Justice Court Costa Mesa City Fall Costa M9sa Fire Hall 56T Went 18th Streat 111 East 20th Street 111 Rochester Street. ;0�lta -Mast,.lifornia Costa Mesa, California Costa Mesa, California hand and seal this 'nth dky of Kay, 1954. Cif, ; Cleric of a ity o 0 44Tesa