Loading...
HomeMy WebLinkAboutORD 096 (1955),ORDINANCE NO. 96 AN ORDINANCE OF THE.CITY OF TUSTIN PROVIDING FOR THE REGULATION, CONTROL AND LICENSING OF DOGS, REQUIRING VACCINATION TO PREVENT RABIES, AUTHORIZING SALE OR DISPOSAL OF STRAY DOGS"'AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF, AND REPEALING ORDINANCE'NO. 5 OF THE CITY OF TUSTIN ENTITLED "AN ORDINANCE`ESTABLISHING A PUBLIC POUND; IMPOSING AN ANNUAL"TAX UPON DOGS IN THE CITY OF TUSTIN, PROVIDING FOR THE IM- POUNDING OF STRAY ANIMALS AND DEFINING THE DUTIES OF THE POUND KEEPER." The City Council of the City of Tustin does ordain as follows: Section 1. DEFINITIONS. Whenever in this Ordinance the following terms are used they shall be deemed and construed to have the meaning ascribed' to them in this Section unless it is apparent from the context thereof that some other meaning is intended. ANIMAL 'CONTROL MAN shall mean the employee of the City whb is charged with the enforcement of the provisions of this Ordinance and his regularly appointed deputies. DOG shall mean any male, female or neuter dog over the age of three (3) months. OWNER shall mean any person having title to, keeping, or harboring any dog for a period of seven (7) ` consecutive days, except a duly licensed veterinarian having custody for the pur- pose of treatment or boarding. QUARANTNE'shall mean the isolation of a dog or puppy under three (3) months of age, in a substantial enclosure so that said animal cannot be subject to contact with other animals or unauthorized 'persons. STRAY"DOG shall mean any dog which is subject to being impounded by the Animal Control Man pursuant to the provisions, of this Ordinance. UNLICENSED'DOd"shall mean any dog for which the license tax has not been paid for the current calander year, or any dog to which a current license tag is not attached as provided for in this Ordinance. VACCINATION shall mean the inoculation of a dog with a E 008 vaccine approved by the Health Officer of the City of Tustin. VICIOUS DOG shall mean any dog which is known to have bitten any person. Section 2. RESTRAINT REQUIRED. The Animal Control Man may order any dog which has bitten any person to be kept securely tied in the rear of the owner's premises for a perios of fourteen (14) days from date of bite. Section 3. LICENSE TAX IMPOSED. A license tax is hereby levied on all dogs over the age of three (3) months, owned, kept, harbored, or in the cus- tody or under the control of any person within the City, at the rate of Two ($2.00) Dollars for each dog for each calendar year, from January l of each calendar year to December 31, payable in advance for the whole year. Any owner who fails or refuses to pay said license tax on or before the first day of February of the year is guilty of a misdemeanor. Such license tax shall be deemed a debtdue the City -from the owner and, in addition to the criminal penalties.of this Ordinance provided for, such debt may be collected in the name of the City as any other debt may be collected. The foregoing license tax shall not apply to any dog while kept or `maintained in a duly licensed kennel nor to any seeing eye dogs properly trained to assist blind persons when such dogs are actually being used by blind persons for the pur- pose of aiding them in going from place to place. Section 4. INFORMATION REQUIRED", RECORD AND TAG. Upon payment of the license fee , the City Treasurer or the Animal Control Man shall issue to the owner, a license cer- tificate and a metallic tag for each dogsolicensed. The shape of the tagshall be changed every calendar year and shall have stamped thereon the year designation and an identifying humber. Every owner shall be required to provide each dog, not kept in a kennel, with a collar to which the license tag must be perman- ently affixed and shall see that the collar and tag are contin- uously worn by said dog. In case a dog tag is lost or destroyed, a duplicate will be issued by the City Treasurer upon presenta- tion of the receipt showing payment of.the license fee for the 509 calendar year and upon payment of"the fee fixed for the issuance of such duplicate tag. No* owner shall transfer any dog tag from one dog to another and no person shall place.a dog tag upon any 49g except the dog for which it was issued. The dog collar or harness worn by the animal shall have the name and address of the owner inscribed thereon. Section 5. RECORD OF LICENSE AND TAG. The City Treasurer and the Animal Control Man shall keep a record of the license tags -issued which record shall contain a brief description and the name of the dog and the name and address of the owner* Section 6, 'RUNNI'NG'.'AT''LARGE''REGULATEDO No owner shall permit any dog to run at large while said dog is not wearing''the collar'and license tag in this Ordinance required and no owner shall,permit any vicious dog to run at large. No, owner shall permit ,. any ',unspayed female dog to run at large or to be lead or tied In any unfenced place while such female dog is in heat or breeding condition or to harbor or keep such female dog so as to attract or-:,.deeoy male dogs,, thus causing a public nuisance or disturbance in'the neighborhood. Section 7. "IMPOUNDING. It shall be'the duty of every Police Officer and every Animal Control Man to apprehend' and: capture any dog found run- ning at large contrary toth6 provisions of this Section and to impound such dog in,the.,Oran9p County Pound as provided -for by contract with the County of Orange. A complet.e.record shall be furnished to and kept, by the.,.Animal Control Man, of any dog so impounded,, showing the breed' color, sex of such dog and infor- mation regarding license if such dog be wearing a tag. If liven sed, the owner shall be notified of" such impounding and -licensed dogs shall be kept separately from unlicensed dogs. 'Section 8. REDEEMING DOGS. In order to redeem or buy any dog that has been im- pounded, ounded, a fee of One D611ail�,for the taking up and One Dollar for redemption# plus twenty-five cents for each day the dog is held, to cover feeding and care of the same shall be paid. All moneys collected by the Pound shall be credited to the City of Tustin. No dog suffering from rabies or other dangerous disease shall be released or sold and no vicious dog shall be sold. Section 9. CONTROL OF VICIOUS DOG. I The Animal Control Man, upon receipt of an Affidavit from any personwhohas been bitten by,a dog, or any person who has witnessed such occurrence, shall notify the owner of such dog., in writing.,to keep such dog at all times., on the property or premises of said owner, inside fenced inelosure and so con-. trolled that said dog cannot escape. All entrances.to the prop- erty shall have a written notice or sign in letters at least one inch in height bearing the words, "beware of dog." No. vicious dog shall be allowed to run at large and shall not be taken upon the streets of the City except when securely controlled on a leash. Section 100 RETAINING POSSESSION WITHOUT OWNERtS CONSENT* No person shall hold or retain possession of any dog or other animal for a period of longer than twenty-four (24) hours unless he,holds title to such animal or has the consent of the owner thoreof,_unless such person,shall have reported the fact of such possession, the manner of acquiring the same., a true description of the animal, and the name,,address and telephone number of such person holding or retaining possession to the Police Department or the Animal Control Man. Section ll.' 'RUNNING AT LARGE PROHIBITED. No owner or person having control'of any dog shall allow the same to be at large and unrestrained or unconfined in any park, auto park or trailer court within the City and no such person shall allow such dog to run at large at any place within the City if such dog has been declared to be a public nuisance or at any time between the declaration of a special emergency re- quiring muzzles, issued by the Mayor, and the termination of such emergency periodo unless such dog is wearing a securely fastened., wire muzzle so placed over its mouth as to prevent the dog from biting any person or animal. During such period of emergency, any dog found,running at large without such muzzle,, may be summarily destroyed. (a) When written complaint has been made by any person 511 to the Animal Control Man, that any, dog is, -.a nuisance by reason of barking, howling, growling, running or charging at or after any person or vehicle, or biting any person, or molesting or destroying any property, such dog may be declared to be a public nuisance,by the Animal Control Man. Such written complaint shall give the name and address of the owner of the dog and the time and place where the act or acts complained of occurred. The Animal Control Man shall serve written notice of such complaint and alleged facts on the person owning such -,dog by delivery to him or to some person over the age of eighteen years at the ad- dress of the owner, or if no such person can be found, by affix- ing such written notice securely to the door of the building at such address and; by sending a copy _thereof by snail to said ad- dress. After service of' such notice, the owner shall thereafter keep said dog securely tied, within an adequate enclosure, or on leash and if the complaint be barking or,howling, the owner shall keep said dog securely muzzled in a manner to prevent such 4 barking or howling. Any dog kept in violation of this Section may be seized and destroyed. Section 12.. STRAY -DOGS AND DISPOSAL THEREOF. Upon. impounding of a,. dog, _ the Animal Control Man shall notify the owner thereof., if the same can be ascertained, by telephone and ;written ,notice. If'" the owner, of the dog does not redeem said dog within ninety-two (92) hours from the date such notice is,posted by the Animal Control Man, the Animal Control Man may dispose of' -'the dog by having it destroyed or by sale thereof upon payment of impounding and redeeming charges. All moneys collected shall be paid to the City Treasurer of the City of Tustin. Section 13, VACCINATION REQUIREMENTS (a) Every person who ovines or harbors any dog or dogs shall have such dog or dogs vaccinated by:a duly licensed veterinarian. Such vaccination shall be at intervals of not greater than two years. (b)- Every duly licensed veterinarian after vaccinat- ing,any dog, shall sign a certificate in triplicate containing the following information: (1) The name and address of the owner or harborer of the vaccinated dog. (2) The kind of vaccine used and the date of the vaccination. (3) The year and serial number of the dog license tag,'or in the event that the dog has not previously been licensed., a notation to that effect, (4) The breed, age, color and sex of the vaccinated dog. He shall immediately present the original certificate to the owner or harborer of the dog, the duplicate copy of the certificate to the Animal Control Man, and the trip- licate shall be retained by the vet- erinarian. (e) A dog may be licensed prior to -vaccination, pro- vided, howeverp that such dog shall be vaccinated within not more than thirty (30) days from and after the date of the issu- ance of the license. If the dog be not vaccinated within said thirty (30) day period of time, the license shall immediately become null and void., unless such dog shall have been vacein- ated by a duly licensed veterinarian within one (1) year prior to the date of the issuance of the license and the owner or harborer of such dog displays upon demand a certificate showing the fact of such vaccination by an approved.veterinarian and containing the information set forth in Subsection (b) hereof signed by a duly licensed veterinarian. (d) The Animal Control Man shall file and register the copy of the certificate. He shall reatin and file the same as the official registry of all dogs licensed. (e) No person who ownes,or harbors any dog shall -fail or refuse to exhibit the certificate required by this Section upon demand of any person charged with the enforcement of this Ordinance* (f) The original certificate of vaccination shall be retained by the owner or harborer of the vaccinated dog for in- spection by any person charged with the enforcement of this Ordinance. (g) No unauthorized person shall remove from any dog any collar or harness or other device to which is attached a license for the current year or remove such tag from any dog. (h) Any dog brought into the City, which has not been vaccinated within twelve (12) months prior to the importa- tion, shall be vaccinated within seven (7) days from and after its arrival in the City. If the imported dog -remains in the City for more than seven (7) dayst the dog shall,be licensed in accordance with the - provisions of this Ordinance. A certificate of vaccination issued by a duly licensed veterinarian from any other jurisdiction for the specific dog establishing vaccination with an approved vac- cinei may be accepted by the Animal Control Man as evidence of vaccination, providing it be within the interval prescribed by this Seetton. (i) No person'shall make use of `or have in his pos- session or underhis control a stolen., counterfeit,,.or forged vaccination certificate or' license tag, (J) In furtherance of the program of the County of, Orange for vaccination of dogs against rabies, the City Health Officer is hereby authorizedand directed to: (1) Approve of such vaccine or vaccines as he may find suitable for such use, promulgate his findings and ap- provalp and file a statement of his findings and approval:in the Office of the County Health Officer as -.'a public record. (2) Change such findings and approval when as a result,of'experience, research, practice or tests he finds that a new or different vaceine.or vaccines are suitable for such use,, and file a statement of his findings.and approval in the Office of the County Health Officer as a public record. (3) Negotiate with duly licensedveterinarians in order to establish a reasonable fee for the professional veter- inary services vdid.rabies vaccination for the dogs of residents of the City, and present a'`'draft.of such proposed Agreement to the City'Couneil for their consideration and execution. - (4) Prescribe,the-form of certificate to be used by dull licensed veterinarians under the provisions hereof and to distribute such fdrmof certificate to duly,lieensed veterinar- ians practicing in Orange County upon reques-t* (5) Distribute to every owner or harborer of any dog within the City,the names, addresses,, and.telephone numbers of all duly licensed veterinarians who have agreed to vaccinate the dogs of such residents for not more than the'sum of Two ($2,00) Dollars, which is to be paid to them as hereinafter provided. (k) There shall be added to and collected with the license fee provided by other' sections of this Ordinance the sum of Two 02.00) Dollars for each dog- owned or harbored by such t Applicant for a license unless applicant exhibits to the Animal Control Man a certificate complying with the requirements of See - tion (b) hereof signed by a duly licensed.veterinarian certifying that the dog has been vaccinated withanapproved vaccine within the preceeding twelve (12) months. Said sum of Two ($29'00) Dollars so collected shall be deposited with the City Treasurer at such times and manner as license fees are so 'deposited. The Animal Control'Man shall report monthly to the City Treasurer the names and addresses of the duly licensed veterinar- ians who have within the proceeding month vaccinated dogs for which the additional fee of Two ($2.00) Dollars has been collected at the time of the issuance of the license and who have returned to the Animal. Control Man a completed certificate of vaccination as required by Subsection (b) hereof,, and the number of such vae- cinations by each such,duly licensed vererinarian (1) Promptly upon receipt of such report, the City Treasurer shall draw his draft on the City General Fund in favor of eachsuch vererinarian in payment of the amount of Two ($2.00) Dollars for each such vaccination as he shall have made -as shown by such report, Section 14. VALIDITY. If any paragraph, sentence, clause, or phrase of this Ordinance for any reason is held to be 'unconstitutional or in- valid, such shall not affect the remaining portions of this Or- dinance, and the City Council hereby declares it would have passed each paragraph, sentence, clause and phrase thereof irrespective of the fact that any one or more than one sentence, clause, or phrase thereof be .declared unconstitutional or invalid. Section 15 REPEALS That Ordinance No. 5 entitled "An Ordinance Establishing a Public Pound, Imposing an Annual Tax upon Dogs in the City of Tustin, Providing for the Impounding of Stray Animals and Defin- ing the Duties of the Pound Keeper" is hereby repealed and all other Ordinances or parts of Ordinances to the extent that the same conflict herewith are to that extent hereby repealed. Section 160 PENALTIES ANDVIOLATIONS. Any person who violates any of the provisions of this Ordinance, or: any person who resists or obstructs the Animal Control Man in the discharge of his duties, is guilty of a mis- demeanor and shall, upon conviction thereof, be punishable by a fine not exceeding Five hundred ($500:00) Dollars or by imprison - went in the County Jail not exceeding six (6)_ months,- or by both such fine and imprisonment. Section 17. `URGENCY AND EFFECTI'VE IMMEDIATELY. This Ordinance is declared to be an emergency measure necessary for the immediate preservation of the public peace, health and safety and shall become effective immediately upon its passage. The facts constituting the emergency are as follows: The County of Orange has been quarantined by the State Department of Public Health; three persons have been bitten by dogs recently and are already,.undergoing Pasteur treatment. There have been five positive cases of rabies infection and two clinical indica- tions of positive rabies infection recently. The City of Tustin is in the middle of anarea where said infected dogs have been found. The situation has developed to a point where this City must take immediate action. Section 18. `PUBLICATION: Prior to the expiration of'fifteen (15) -days after the passage thereof, this Ordinance, together with the names of the members of the C3 ty Gouncil voting for and against the same, shall be published once in the -Tustin News, a newspaper printed and pub- lished in the City of Tustin, State of California. PASSED`AND ADOPTED by the City Council of the City of Tustin at its regular meeting held on the 27th day of December, 1955. ATTEST: City Cl Mayor nsm I, S. C. PENINGTON, City Clerk and ex -officio Clerk of City Council of the City of Tustin, California, do hereby certify that at a regular meeting of the City Council of the City of Tustin held on the 27th day of December, 1955, the foregoing Ordinance containing 18 Sections was upon motion duly made, seconded and unanimously carried, read in fulls and the further reading of said Ordinance prior to its enactment was waived by unanimous vote of the Councilmen present, and that said Ordin- ance was then passed and adopted as a whole by the following vote: AYES Councilmen. Kidd, Tadlock, Park, Bacon. NOES: Councilmen: None ABSENT: Councilmen: Byrd. IN WITNESS WHEREOF I have hereunto set my hand and af- fixed the official seal of the City of Tustin this 27th day of December, 1955• City C rk.