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HomeMy WebLinkAbout188 - Licensing and Impounding of DogsORMUME NO, 188 AN CRDIXANCE of THE enT OxF COSTA MESA PROVIDING FOR THE LICWI?TG AND IMPOUNDIM OF DOW 1 REGMTM TRE KMTING AND CONTROL OF DOW; THE CONTROL AND SUPPRESSION OF RABIES AND OTWM INMTIOM, AND CONTAGIOUS DISEASES; PROVIDING PENALTIES FOR THE VIOLATION THMMF; AND REPEALING O RDINAN- ES ft 42, 118, 121 AIBP 162 The City Council of the City of Costa Mesa does ordain as follows: ARTICLE I DOG LICENSE TAX SECTION 1. LP'V1' OF DDG LICMSE TAR. A license tax is hereby levied upon all dogs over siX (b) months of age kept within the corporate limits of this City, and the amunt of said dog license, tax shall be at the annual rate of Tato Dollars and Fifty Cents ($2.50) for each dog. SECTION 1.1 EXCEPTIONS DOW ALREADY LICEMED BY ANOTSER CIT!' OR BY THE COMM or MyoE, OR ANM72R COUNT!r. Any dog bearing a legally issued, cur- rent license from any other City or County within the State of California, or from the County of Orange, shall not be required to pay the license tax herein imposed for the period covered by the existing license. SECTION 1.2 EXCEPTION: DOGS IN KE :LS. The license tax imposed upon a person harboring a dog shall not apply to any person conducting or maintain- ing a dog kennel in the City, but every person conducting or maintaining a dog kernel shall be required to pay the business license tax required under the business license ordinance of this City. SECTION 2. VACCINATION RHMM. Before any license shall be isamed for any dog, a certificate of a duly licensed veterinarian shall be exhibited. to the Poundm ater or to the City Director of Finance certifying that said dog has been vaccinated for rabies within a period of time which shall be within two (2) years of the expiration date of the license applied for. SECTION 2.1 FXCEPTION. Notwithstanding the foregoing, a license may be issued for any dog without vaccination .for rabies when a licensed veterinarian in the County of Orange, State of California, certifies in writing that vaccination for rabies would endanger the life of said dog. - 1 - The license issued to such deg shall provide that the dog shall be re- stricted to the premises of the owner, or to an automobile. SECTION 3. LIOENSE TA%t WHO PAUEU. The annual dog license tax shall be payable on the even -numbered pears .for said even-m=berad year and the next suooeadLng odd -numbered year. SECTICK 3.1 MICEPTIONt WW DOG ACQUMFD DURING ODD-MMBERED YEAR. Whenever a dog is acquired daring any odd numbered year, only the annual dog license tax for the odd -numbered year shall be payable. 9FDTION 4. I7ELINQUMYt PENALTY. Whenever any person owning or hav- ing possession of any dog which is required to be licensed under this Ordinance shall fail, neglect, or refuse to procure said license and pair the required licensee 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 ($1.00), and such penalty shall be collected, and the amount thereof shall be enforced, in the same manner as the payment of the clog licenses enforced and collected. SECTIw 5. RABIES VACCIIIATION REQUIRED. Notwithstanding any of the foregaing Sections of this Ordinance, no dog license shall be issued for any dog without a certificate from a duly licensed veterinarian that said dog has been vaccinated for rabies within one (1) year from the date of the :application for the license. SECTION 5.1 LXCEPTIQdc WHEREE LIFE OF DOG END OMD. Whenever a licensed veterinarian certifies in writing that vaccination for rabies would endanger the life of the dog, a license may be issued for stlah dog, provided, however, that such license shall specify that the dog shall be restricted to the promises of the owner, or to an automobile. ARTICLE II DOG LICFMF TAOS SHOTICK 1. DW TAOS RMMFDt FORM OF T4t3£S. It shall be unlawful for aaW person owning or having charge, care or control of any dog required by this Ordinance to be licensed, to have or keep the same within the corporate limits of this City (and no such dog shall be permitted to be or remain within the corporate limits thereof) unless there shall be attached to each such dog by means of a col - 1" or harness a metal dog tag, upon which shall be staxpod a serial number, the - 2 - current ;year or yearn, and such other Vording as the City iia W*r sha7.1 desig- nate. SECTXON 2. StTPPLY: ISSMUCE OF DW THOS. The City Manager is hereby authorised to procure, whenever necessary, a sufficient supply of tags and to issue the sage to thy? Poundmaster. SIMMI 3. UNLICEmpD, UNTACWD DOOS AT LARGE. It sha11 be unlawful for any person owning or having charge, care or control of arW dog, to permit such dog to be Dept upon any premises under his immediate control unlsas such doh; shall be registered as herein provided, and shall have attached to it by means of a collar or harness, a metal dog tag, an described in Section 1 of this Article. swTiow 4. DUPLICATE FOR STOLEN, LOST TAG. Whenever a license tag issued for the current year has been lost or stolen, the person owning or hav- ing possession of the dog for which it was issued, aha31 secure, on payment of fifty cents ($.50) to the Poundmaater, a duplicate license tag for the remainder of said current year. SEMON 5. MISUSE OF TAGS: TAMPFBIM WITH TA(V s FRAUD. It shall be unlaVful for v' person to attach any currant license tag to any dog, which tag was not issued for said drag, or to remove a tag frau any dog, the property of another, or to counterfeit or imitate a dog tag, or to attach a counterfeit or imitation tag to any dogj and it shall be unlawful for any person to make arq false statement as to wW fact required in connection with the securing and iss- suanoe of a dog tag. ARTICLE ISI DOGS AS NMANCES SWTION 1. RUNNIM AT LARGE PROHIBITED. No person awnings having charge,, care or control of any dog shall permit any such dog to be: on any public street, or in wW public place in the City of Costa *ossa, unless such dog is un- der restraint and control. SECT ON 2. JECLARMG DOG A NVISANCE. When writtm complaint signed by two or more people that wW dog within -the City of Costa Mesa is committing esti nuisance by reason of barking, howling, graveling, runntnR or charging at or after any person or vehicle, or destroying or molesting private or public prorperty, or roaming or running at larges upon private or public property, or for a W other rea- _3_ son affecting public peace, seem-ity, health, quietude, welfare or safety, such dog my be declared by the City Pfister to be a public nuisance, and written notice of such declaration shall be delivered to the person owning or having charge or control of such dog, and thereafter such dog shall be securely tied or kept in an enclosure or on leash, and may be destroyed by the Poundmaster if run n_i ng at lie. SECTION 3. RESTRAINT OF 9ICIMS DOGS. It shall be unlawful for azW per- son owning or having under his control or custody any vicious dog which has ever attacked or bitten a human being, not to keep the same securely mussled at all trues except when feeding the same, or within a secure enclosure on the promises of the person owning or having custody or control of the same, such enclosure to have four enclosed sides and to be so constructed that said dog cannot escape therefrom, and to be first approved as to manner and type of construction by the Building i3iarpector. ARTICLE ISI DT=1U C OF ANIMAL" SECTION I. POWs, IiUn TO IMP01M ANIMALS. The Poundnaster and the members of the Police Force of this City shall be, and they are hereby, authorised, directed and engaowered, to seize and impound in the City Animal. Pound, if there be a City Animal Pound, and if there be no such Pound, then in the Animal pound of the County of Grange, or such other place where the City may by contract have obtained the right to impound animals, at any time hereafter, any roaming, wan- dering, diseased, injured, stray, unowned or unclaimed dog, or other domestic animal, within the corporate limits of this City, whenever the same may be found therein, whether duly licensed according to the provisions of this Ordi,name or not. SECTIMY 2. IMPOCNDING Al ChJNZReS RV4UEST: WRITM REL ASE. Whenever the impounding of ar(v such dog or other domestic animal is requested by the: owner or the person having; possession of the animal, such owner or possessor shall re- lease said animal to the City Pmindmaster by a written: ral.ea.se executad by such owner or person in possession. SMI TTON 2.1. TZ77MAT, 71,7="N ?tRIMPLISE,The roundmas- ter shall have the right to refuse to accept any such dog or other domestic animal if the owner refuses to grant such written release. - 4 - SMTION 3. LOCATION, DORATION OF IMPOUNDING. Whenever any dog or other domestic animal is so taken, it shall be oonfined in the City Animal. Pound, or such other pound as is herein in this Article provided, and shall be cared 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 lose than five (S) days in the case of any licensed dog. SECTION 4. REDMOTION BY MM: TIME. Any licensed, impounded dog may be redeemed by the owner thereof within five (5) days after it is impounded, and any unlicensed dog, or other domestic animal may be redeemed by the owner within three (3) days after it is impounded. SECTION 5. NOTICE TO MMM OF LICENSED DOG. Upon impounding a licensed dog, the Poandmaster shall immediately give notice to the owner at the address upon the receipt issued for the dog tag, of the impounding of such dog. sF,CTION 6. SATE OF UNREDF M- DOG. If any dog or other domestic ani- mals shall not be redeemed by the owner or keeper thereof, within the times here- inabove provided, then said dog or other domestic animal my be thereafter sold by the Pound:master to any person having the ability to care for the same, Who first complies with this terms of the Sections of this Article relative to the pay- ment of cost of feud and care, plus the sari of $1.00 Pound fee, plus the payment of atrir required license tax. 9POTTON 7. AMOMT TO BE PAID FOR CARE AND FEEDING. Any person redeem- ing any impounded dog or other domestic animal shall Fay a care and feeding charge of fifty cents ($.50) per twenty-four hour period. SECTION B. TSTRDCTION OF ANIMT.S. No notice of sale} or advertising of any kind shall be required; and all unredeemed dogs or other domestic animals which have not been sold within forty-eight hour after the expiration of the redemption periods above provided, shall forthwith be destroyed by the Poundmaster in a humane manner. MTTOR 9. R°'CEIPTS p'()R Fes, OAAI?Gr 10 SALES. The Poundmaster shall issue receipts In triplicate, numbered consecutively, for all fees, feeding charges and proceeds of wale collected by him h.ermzndesr, giving one copy to the person making the payment,, furnishing one to the Cityea Director of Finance, and retaining the remaining copy for his record. SECTICK 10. KILLING DISEASED OR INJURED MG. In any case of a dog or other domestic~ animal which is diseased or injured beyond reasonable hope of re- covery, the Poundmaster may kill the ssrne or cause the same to be killed, in a humane: manner. ARTICLE v 11h1J?W4UUV4ss SECTION 1. ORKATION OF OFFICE. The office of the City Pound ter is hereby created for this City. SECTION ?_. APPOiNTM®:Tt EMPLOTMM CONTRACT. The Poundnxster to be appointed by the Council. by employment contract, or otherwise, upon either a fall or part time basis, in the discretion of the Council. SECTION 3. SALART OF POUNDMASTRP. The salary of the Poundmaster shall be fixed from time to time by the Council, either by Resolution or by aro employ- ment contract to be adopted by Resolution of the Council. SECTION 4. ANIMALS raft VIVIS}9CTICK. The City Poundmaster or person in charge of the City Animal Pound, shall not sell or give or permit to be sold or given any live animal in his care, or impounded in the City Animal Pound, for the purpose of vivisection or experimental purposes. ARTICLE VI SLTION 1. MJtJ MATED DUTIF. S OF POJ TM%STFli. The Poundmaster shall have the following duties: SECTION 1.1. 1-MITTRVISION OF T'OM: CART CF .ANIMALS. He shall have charge of the City Animal. Pound, and shall be responsible for the management of the game and maintaining same in a clean and saritary condition at all times. SECTION 1.2. WC;ORDS. He shall keep such records as may be prescribed from time to time in connection with Ids ftties. SECTION 1..3. MMMY Rr-TORTS TO C T7T KAXAfPM. He shall snake a monthly report to the City Manage,:r^ covering all liconsn takes collected, the number of animals received at the Pound, t2he number disposed of the manner of disposal, and all other matters in connection with the operation and rnainteananae of the City Animal Pound. _6_ SECTION 1.4. DOG L3X;WE TAM. Hs shall collect dog license taxes, as herein provided, and he shall keep a record of such license taxes so collected, in- cluding the names and addresses of the owner or other person paying such license tax, the number of metal license tags issued for each dog, and such dog's breed and name. SHCTim 1.5. DISPOSITION OF MONIES. He shall psi• all licenses taxes and other monies otherwise collected over to the City's Director of Finance for the General ?and of the City. SECTION 1.6. PROVISION FOR FEES AS SALARY. However, the Council may, by contract with the City Poundmaster, provide for the Poundmaster to retain all Pound fees, and including° dog license taxes, as a part of. the Pou ndma:steres salary. SECTION 1.7. ADnITIONA.L DUTIES. He shall perform such other duties as may be prescribed by the Council from time to time. SECTION 1.8. D= OF ENFORCEInTIT. It shall be his. duty to 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 stray, unclaimed and diseased domestic animals shall be impounded and disposed of as herein pro- vided. SECTION 1.9. FEES FOR REMOVAL OF ANIMALS FOR %MM . The Poundmaster shall, upon request of any owner or possessor of any dog or other domestic animal, remove and dispose of such dog or other domestic ani=l., and shall collect from such owner or possessor the sum of $1.00 for dog, or other mull animal, and the :Bum of $2.00 for large animals, plus any actual coat incurred in such removal and disposal. ARTICLE VII QUARANTINE Or DOGS1 RABIES SECTION 1. AUTHORITY TO QUARANTINE .DOGS. The Poundmaster shall have the authority to quarantine dogs or other domestic animals which have or nsay rea- sonably be suspected of having any infectious disatse, or contagious diseawae, when each dogs or other domestic animals are running at large without satisfactory iso- lation, and which are infected with rabies. SECTION ?_. DISPOSITION OF DOGS IWITH RABIES. If, upon examination, the County of Orange Livestock Inspector shall determine that ary dog or other domestic 7 animal is infected or afflicted With rabies, he may cause such dog or other ani- mal to be destroyed immediately, except that whenever reasonable cause, exists for believing that any such dog or other animal has bitten, scratched or otherwise ax - posed any person, such log or other animal shall be confined and kept under obser- v l&on for such period of time as may be necessary to make a final determination of the physical conditions of such dog, or other animal. SECTION .3. PENALTY FOR M07M FROM QUARANTINE. It shall be un] ufmi for any person to reavve from any place of isolation or quarantine any animal which has been isolated or quarantined as provided herein. ARTICLF VITT PTIALTY AND ENUM 11T' SWTION 1. PENALTY. Any firm, person or corporation violating any of the, provisions of this Ordinance, except Section 1 of Article III hereof, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by inPriSonment in the City or County jail for a period of not more than three (3) months or by a fine of not more then 'Three R ndred TbIlars (8300.00), or by both such fine and imprisonment. SECTION 1.1. PENALTY FOR VIOLATION OF SECTION 1 OF ARTICLE III. Any firm, person or corporation violating any of the provisions of Section 1 of Ar- ticle III of this Ordinance shall be deemed quilty of a misdemeanor, and upon oon- vietion thereof] shall be p nished as follows A. By a tine of not less than Five Ibllars ($5.00) or more than Fif- teen Dollars ($15.00), except that upon a second conviction within one (1) year of a prior conviction, the punishment shall be a fine of not leas than Fifteen Dollars ($15.00) and not more than Fifty Dollars ($50.00). SICTroN 1.2. 7 CEPTION. Notwithstanding the praeisions in Subjection "A" of Section 1..1 of this Article, no firm, person or corporation violating any of the provisions of Section 1 of Article III of this Ordinance shall be deemed guilty of a misdemeanor unless the Poandmaster has issued to such firm, person or corporation a citation, within one (1) year, stating that such dog has been obserwred on a public street or in a. public place in the City of Costa Mesa without besin -8 under restraint and control. The Affidavit of the Poundmaster as to the issuance and the date of such citation shall be final and conclusive. repealed. ECTTON 1.3. REPEAL. Ordinances Nos. 42, 118, 121 and 162 are hereby SECTION 2. ENACTMEW. This Ordinance shall take effect and be in full force and effect thirty (30) days after its passage, and prior to the expiration of fifteen (15) days from its passage shall be published once in the Costa Mesa Globe Herald, a newspaper of general circulation printed and published in the City of Costa Mesa, together with the names of the members of the City Council voting for and against the same. PASSED AND ADOPTFD this 18th day of November, 1457. city Clerk of the City of Costa Mesa - 9 - 1 Mayor f ty of Costa Mesa STATE OF CALnPMn . ss. Cmmty of Oran'e I, A. C. SWARTZ, City Clark of the City of Costa Mesa, California,, do hereby cnrhify that the above atsd foregoing Ordinance No. 188 was duly and regularly passed and adopted by the City Conrtcil of the City of Cocoa Most at a regular meeting thereof held on the 18th day of No rember, 1957, by the folly roll call 'vote, to—At: AYPZ t Comwil.taaars, - J. Smith, H. & d.th, Pinkl.ery, Mayers, Nelson NOES t Comwilmeeen - None AFAI.MTt Cow i7.men - Mone IN MSS WISR10 ', I hereby set, nV hand and seal. this 19th day of Navember, 1957. 10 City Clerk and ex-cftia o C 07 U re City Council of the City of Costa Mecca 10 LEGAL NOTICE ORDINANCE NO. 188 AN ORDINANCE OF THE CITY OF COS- TA MESA PROVIDING FOR THE LI- CENSING AND IMPOUNDING OF DOGS: REGULATING THE KEEPING AND CONTROL OF DOGS: THE CON- TROL AND SUPPRESSION OF RABIES AND OTHER INFECTIOUS AND CON- TAGIOUS DISEASES: PROVIDING PEN- ALTIES FOR THE VIOLATION THERE- OF: AND REPEALING OtDINANCES 42, 118, 121 AND 162 The City Council of the City of Costa Mesa does ordain as follows: ARTICLE I DOG LICENSE TAX SECTION 1. LEVY OF DOG LICENSE TAX. A license tax is hereby levied upon all dogs over six (6) months of age kept wAhin the corporate limits of this City, and the amount of said dog license tai: shall be at the annual rate of Two Dollars and Fifty Cents ($2.50) for each dog. SECTION 1.1. EXCEPTION: DOGS AL- READY LICENSED BY ANOTHER CITY OR BY THE COUNTY OF ORANGE, OR ANOTHER COUNTY. Any dog bearing a legally issued, current license from any other City or County within the State of California, or from the County of Orange, shall not be required to pay the license tax herein imposed for the period covered by the existing license. SECTION L2. EXCEPTION: DOGS IN KENNELS. The license tax imposed upon a person harboring a dog shall not apply to any person conducting or maintaining a dog kennel in the City, but every per- son conducting or maintaining a dog ken- nel shall be required to pay the business license tax required under the business license ordinance of this City. SECTION 2. VACCINATION RE- QUIRED. Before any license shall be is- sued for any dog, a certificate of a duly licensed veterinarian shall be exhibited to the Poundmaster or to the City Director of Finance certifying that said dog has been vaccinated for rabies within a period of time which shall be within two (2) years of the expiration date of the license ap- plied for. SECTION 2.1 EXCEPTION. Notwith- standing the foregoing, a license may be issued for any dog without vaccination for rabies when a licensed veterinarian in the County of Orange, State of California, certifies in writing that vaccination for rabies would endanger the life of said dog. The license issued to such dog shall pro- vide that the dog shall be restricted to the premises of the owner, or to an automo- bile. SECTION 3. LICENSE TAX: WHEN PAYABLE. The annual dog license tax shall be payable on the even -numbered Years for said even -numbered year and the next succeeding odd -numbered year. SECTION 3.1. EXCEPTION: WHEN DOG ACQUIRED DURING ODD-NUMBERFD YEAR. Whenever a dot* is acquired dur- ing any odd -numbered year, only the an- nual dog license tax for the odd -numbered year shall be payable. SECTION 4. DELINQUENCY: PENAL- TY. Whenever any person owning or hav- ing possession of any dog which is re- quired to be licensed under this Ordinance shall fail, neglect, or refuse to procure said lie,?3se and pay 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 ($1.00), and such penalty shall be collected, and the amount thereof sh,01 he enforced, in ti,e same manner as the payment of the dog licenses enforced and collected. SECTION 5. RABIES VACCINATION REQUIRED. Notwithstanding any of the foregoing Sections of this Ordinance, no da:- license shall be issued for any dog without a certificate from a duly licensed veterinarian that said dog has been vac- cinates for rabies within one (1) year from the date of the application for the license. SECTION 5.1 Exc.FPTION: WI.'.ERE LIFE 07" DOG ENDANGERED. When- ever a Iicensed veterinarian certifies in writing that vaccination for rabies would endanger the life of the dog, a license may be issued for such dog, provided, however, that such license shall specify that the clog shall be restricted to the pre. mises of the owner, or to an automoaile. ARTICLE II DOG LICENSE TAGS SECTION I. DOG TAGS REQUIRED: FORM OF TAGS. It shall be unlawful for any person Owning or having charge, care or control of any dog required by this Ordinance to be licensed, to have or keep the same within the corporate limits of this City (and no such dog shall be per- mitted to he or remain within the corpor- ate limits thereof) unless there shall be at- tached to each such do, by means of a col- lar or harness a metal dog tag, upon which shall be stamped a serialnumber, the current year or years, and such other wording as the City Manager shall de- signate. SF.C'1`IC+?T 2. SUPPLY: ISSUANCE OF' DOG TAGS. The City Manager is hereby author."ped to procure, whenever neces- sary, a sufficient supply of tags and to issue the same to the Poundmaster. SECTION 3. UNLICENSED, UNTAGG1lD DOGS AT LARGE. It shall be unlawful for any person owning or having charge, care or control of any dog, to permit such dog to be kept 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 1 of this Article. SECTION 4. DUPLICATE FOR STOL- EN, LOST TAG. Whenever a license tag issued for the current year has been lost or sto'.en, the person owning or having pos- session of the dog for which it was is- sued, shall secure, on payment of fifty cents ($.50) to the Poundmaster, a dupli- cate license tag for the remainder of said current year. (Over) LEGAL NOTICE SECTION 5. MISUSE OF TAGS: TAMP- ERING WITH TAGS: FRAUD. It shall be unlawful for any person to attach any current license tag to any dog, which tag was not issued for said dog, or to re- move a tag from any dog, the property of another, or to counterfeit or imitate a dog tag, or to attach a counterfeit or imi- tation tag to any dog; and it shall be unlawful for any person to make any false statement as to any fact required in con- nection with the securing and issuance of a dog tag. ARTICLE IYI DOGS AS NUISANCES SECTION 1. RUNNING AT LARGE PROHIBITED. No person owning, hav- ing charge, care or control of any dog shall permit any such dog to be on any public street, or in any public place in the City of Costa Mesa, unless such dog is under restraint and control. SECTION 2. DECLARING DOG A NUIS- ANCE. When written complaint signed by two or more people that any dog within the City of Costa Mesa is committing a nuisance by reason of barking, howling, growling, running or charging at or after any person or vehicle,or destroying or molesting private or public property, or roaming or running at large upon private or public property, or for any other rea- son affecting public peace, security, health, quietude, welfare or safety, such dog may be declared by the City Poundmaster to be a public nuisance, and written notice of such declaration shall be delivered to the person owning or having charge or control of such dog, and thereafter such dog shall be securely tied or kept in an enclosure or on leash, and may be de- stroyed by the Poundmaster if running at large. SECTION 3. RESTRAINT OF VICIOUS DOGS. It shall be unlawful for any person owning or having under his control or custody any vicious dog which has ever attacked or bitten a human being, not to keep the same securely muzzled at all times except when feeding the same, or within a secure enclosure on the pre- mises of the person owning or having custody or control of the same, such en- closure to have four enclosed sides and to be so constructed that said dog cannot escape therefrom, and to be first ap. provas to manner and type of construe- Conbythe Building Inspector. ARTICLE IV IMPOUNDING OF ANIMALS SECTION 1. POWER, DUTY TO IM- POUND ANIMALS. The Poundmaster and the members of the Police Force of this City shall be, and they are hereby author- ized, directed and empowered, to seize and impound in the City Animal Pound, if there be a City Animal Pound, and if there be no such Pound, then in the Ani- mal Pound of the County of Orange, or such other place where the City may by contract have obtained the right to im- pound animals, at any time hereafter, any roaming, wandering, diseased, injured, stray, unowned or unclaimed dog, or other domestic animal, within the corporate lim- its of this City, whenever the same may be found therein, whether duly licensed according to the provisions of this Ordin- ance or not. SECTION 2. IMPOUNDING AT OWN- ER'S REQUEST: WRITTEN RELEASE. Whenever the impounding of any such dog or other domestic animal is requested by the owner or the person having pos- session of the animal, such owner or pos- sessor shall release said animal to the City Poundmaster by a written release executed by such owner or person in pos- session. SECTION 2.1. REFUSAL: WRITTEN RELEASE. The Poundmaster shall have the right to refuse to accept any such dog or other domestic animal if the owner refuses to grant such written release. SECTION 3. LOCATION, DURATION OF IMPOUNDING. Whenever any dog or oth- er domestic animal is so taken, it shall be confined in the City Animal Pound, or such other pound as is herein in this Article provided, and shall be cared 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 cess than five (5) days in the case of any licensed dog. SECTION 4. REDEMPTION BY OWN- ER: TIME. Any licensed, impounded dog may be redeemed by the owner thereof within five (5) days after it is impounded, and any unlicensed dog, or other domestic animal may be redeemed by the owner within three (3) days after it is im- pounded. SECTION 5. NOTICE TO OWNER OF LICENSED DOG. Upon impounding a li- censed dog, the Poundmaster shall imme. diately give notice to the owner at the address upon the receipt issued for the do^ tag. of the impounding of such dog. SECTION 6. SALE OF UNREDEEMED DOG. If any dog or other domestic ant. mal shall not be redeemed by the owner or keeper thereof, within the times here- inabove provided, then said dog or other domestic animal may be thereafter sold by the Poundmaster to any person having the ability to care for the same, who first complies with the terms of the LEGAL NOTICE Sections of this Article relative to the pay- ment of cost of feed and care, plus the sum of $1.00 Pound fee, plus the payment of any required license tax. SECTION 7. AMOUNT TO BE PAID FOR CARE AND FEEDING. Any person redeeming any impounded dog or other domestic animal shall pay a care and feed- ing charge of fifty cents ($.50) per twenty- four hour period. SECTION 8. DESTRUCTION OF ANI- MALS. No notice of sale or advertising of any kind shall be required; and all unre- deemed dogs or other domestic animals which have not been sold within forty- eight hours after the expiration of the re- demption periods above provided, shall forthwith be destroyed by the Pound - master in a humane manner. SECTION 9. RECEIPTS FOR FEES, C`IARGES, SALES. The Poundmaster shall issue receipts in triplicate, num- bered consecutively, for all fees, feeding charges and proceeds of sale collected by him hereunder., giving one copy to the person malting the payment, furnishing one to the City's Director of Finance, and retaining the remaining copy for his rec- ord. SECTION 10. I{ILLING DISEASED OR INJURED DOG. In any case of a dog or other domestic animal which is diseased or injured beyond reasonable hope of recovery, the Poundmaster may kill the same or cause the same to be killed, in a humane manner. ARTICLE V POUNDMASTER SECTION 1. CREATION OF OFFICE. The office of the City Poundmaster is here- by created for this City. SECTION 2. APPOINTMENT: EMPLOY- MENT CONTRACT. The Poundmaster to be appointed by the Council by employ- ment contract, or otherwise, upon either a full or part time basis, in the discre. tion of the Council. SECTION 3. SALARY OF POUNDMAST- El,. The salary of the Poundmaster shall be fixed from time to time by the Coun. cil, either by Resolution or by any em- ployment contract to be adopted by Reso. lution of the Council. SECTION 4. ANIMALS FOR VIVISEC- TION. The City Poundmaster or person in charge of the City Animal Pound, shall not sell or give or permit to be sold or given any live animal in his care, or im- pounded in the City Animal Pound, for the purpose of vivisection or experimental pur- poses. ARTICLE VI DUTIES OF POUNDMASTER SECTION 1. ENUMERATED DUTIES OF POUNDMASTER. The Poundmaster shall have the following duties: SECTION 1.1 SUPERVISION OF, POUND: CARE OF ANIMALS. He shall have charge of the City Animal Pound, and shall be responsible for the manage- ment of the same and maintaining same in a clean and sanitary condition at all times. SECTION 1.2. RECORDS. He shall keep sneh records as may he prescribed from time to time in connection with his duties. SECTION 1.3. MONTHLY REPORTS TO CITY MANAGER. He shall make a month- ly report to the City Manager covering all license taxes collected, the number of animals received at the Pound, the num- ber disposed of, the manner of disposal, and all other matters in connection with the operation and maintenance of the City Animal Pound. SECTION 1.4. DOG LICENSE TAXES. Ile shall collect dog license taxes, as herein provided, and he shall keep a rec- or,l of such license taxes so collected, including the names and addresses of the owner or other person paying such license tax, the number of metal license tags ;sued for each do„ and such clog's breed and name. SECTION 1.5. DISPOSITION OF MON- IES. Ile shall pay all license taxes and other monies otherwise collected over to the City's Director of Finance for the General Fund of the City. SECTION I.G. PROVISION FOR FEES AS SALARY. However, the Council may, by contract with the City Poundmaster, provide for the Poundmaster to retain all Pound fees, and including dog license taxes, as a part of the Pourdmaster's sal- ary. SECTION 1.7. ADDITIONAL DUTIES. He shall perform such other duties as may be prescribed by the Council from time to time. SECTION 1.8. DUTY OF ENFORCE- MENT. It shall be his duty to carry out the provisions hereof to the end that all un- licensed dogs found running at large shall be impounded, or a license tax collected therefor; and that all stray, unclaimed and diseased domestic animals shall be im- pounded and disposed of as herein pro- vided. SECTION 1.9. FEES FOR REMOVAL OF ANIMALS FOR OWNERS. The Poundmast- er shall, upon request of any owner or possessor of any dog or other domestic animal, remove and dispose of such dog or other domestic animal, and shall collect from such owner or possessor the sum of $1.00 for dog, or other shall animal, and the sum of $2.00 for large animals, plus any actual cost incurred in such removal and disposal. LEGAL NOTICE ARTICLE VII QUARANTINE OF DOGS: RABIES SECTION 1. AUTHORITY TO QUARAN- TINE DOGS. The Poundmaster shall have the authority to quarantine dogs or other domestic animals which have or may rea- sonably be suspected of having any in- fectious disease, or contagious disease, when such dogs or other domestic animals are running at large without satisfactory isolation, and which are infected with ra- bies. SECTION 2. DISPOSITION OF DOGS WITH RABIES. If, upon examination, the County of Orange Livestock Inspector shall determine that any dog or other domestic animal is infected or afflicted with rabies, lie may cause such dog or other animal to be destroyed immediately, except that whenever reasonable cause exists for be- lieving that any such dog or other ani- mal has bitten, scratched or otherwise exposed any person, such dog or other animal shall be confined and kept under observation for such period of time as may be necessary to make a final de- termination of the physical condition of such dog or other animal. SECTION 3. PENALTY FOR REMOV- ING FROM QUARANTINE. It shall be un- lawful for any person to remove from any place of isolation or quarantine any animal which has been isolated or quar. antined as provided herein. ARTICLE VIII PENALTY AND ENACTMENT SECTION 1. PENALTY. Any firm, per- son or corporation violating any of the provisions of this Ordinance, except Sec- tion 1 of Article III hereof, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by imprisonment in the City or County jail for a period of not more than three (3) months or by a fine of not more than Three Hundred Dollars ($300.00), or by both such fine and imprisonment. SECTION 1.1 PENALTY FOR VIOLA- TION OF SECTION 1 OF ARTICLE III. Any firm, person or corporation violating any of the provisions of Section 1 of Article III of this Ordinance shall be deemed guilty of a misdemeanor, and upon con. viction thereof, shall be punished as fol. lows: A. By a fine of not less than Five Dollars ($5.00) or more than Fifteen Dollars ($15.00), except that upon a sec- ond conviction within one (1) year of a prior conviction, the punishment shall be a fine of not less than Fifteen Dollars ($15.00) and not more than Fifty Dollars ($50.00). SECTION 1.2. EXCEPTION. Notwith- standing the provisions in Sub -Section "A" of Section 1.1 of this Article, no firm, person or corporation violating any of the provisions of Section 1 of Article III of this Ordinance shall be deemed guilty of a misdemeanor unless the Poundmaster has issued to such firm, person or corpora- tion a citation, within one (1) year, stating that such dog has been observed on a public street or in a public place in the City of Costa Mesa without being under restraint and control. The Affidavit of the Poundmaster as to the issuance and the date of such citation shall be final and conclusive. SECTION 1.3. REPEAL. Ordinances Nos. 42. 118, 121 and 162 are hereby re- pealed. SECTION 2. ENACTMENT. This Ordin- ance shall take effect and be in full force and effect thirty (30) days after its pass- age, and prior to the expiration of fifteen (15) days from its passage shall be pub- lished once in the Costa Mesa Globe Her- ald, a newspaper of general circulation printed and published in the City of Costa Mesa, together with the names of the members of the City Council voting for and against the same. PASSED AND ADOPTED this 18th day of November, 1957, C. M. NELSON ATTEST: Mayer of the City of Costa Mesa A. C. Swartz City Clerk of the City of Costa Mesa STATE OF CALIFORNIA ) )SS. County of Orange ) I, A. C. SWARTZ, City Clerk of the City of Costa Mesa, California, do hereby certify that the above and foregoing Ordin. ance No. 188 was duly and regularly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting thereof held on the 18th day of November, 1957, by the following roll call vote, to -wit: AYES: Councilmen - J. Smith, B. Smith, Pinkley, Meyers, Nelson. NOES: Councilmen - None ABSENT: Councilmen - None IN WITNESS WHEREOF, I hereby set my hand and seal this 19th day of Novem- ber, 1957. A. C. SWARTZ City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa Published Costa Mesa Globe Herald, Nov. 29, 1957, Costa Mesa, Calif. E-21