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HomeMy WebLinkAboutORD 05 (1927)ORDINANCE NO. 5 AN ORDINANCE ESTABLISHING A PUBLIC POUND, IMPOSING AN ANNUAL a TAX UPON DOGS IN THE CITY OF TUSTIN, PROVIDING FOR THE IMPOUND- ING OF STRAY ANIMALS AND DEFINING THE DUTIES OF THE POUND' KEEPER. The Board of Trustees of the City of Tustin do ordain as follows: _ SECTION I. An animal license tax of 1$2.00 is hereby -imposed "upon each male dog and $3.00 upon each female dog kept, owned and harbored within the City of Tustin; said license tax being.for the period of time between the first•day of -January of each year,and the first day of January of the following year and payable on the first day of January, 1928, andon the,first day.of January of each year thereafter. SECTION 2. A public, pound is hereby established in the City of Tuetin and the same shall be located at a convenient place to be designated and set apart by_the-Marshall of the said City, subject to the approval of the Board of Trustees, within the cor- porate limits of the said City. SECTION 3, The Board of Trustees of the City of justin shall appoint a pound master who shall hold office during the: pleasure of the Board of Trustees and who may appoinIt deputies subject to the approval of"the said. Board of Trustees. SECTION 4. The pound master shall provide himself with " suitable brass license tags at the expense of the City of""Tus- tin, a portion of them being marked "male" and"a portion of them being marked "female" and each bearing the words "City_ of 'Tustin Dog Tax" with the year or years for which it is issued, the; said tags to be numbered consecutively. SECTION 5 The pound master shall furnish and issue these tags to applicants upon payment by them of the.license set forth in Section 1, of this Ordinance, He shall pay all moneys so col- lected over to the City Treasurer, taking his receipt therefor, and the Treasurer shall keep the said money in the General Fund. SECTION 6. It shall be unlawful to keep, own or harbor within the City of Tustin, any dog which shall have attained the age of three months unless the owner sa. ,harboring, owning or keeping same shall have paid the annual license tax and unles-s_t1Ye owner shall keep upon the neck of such dog._a collar of some durable substance to which the license tag described in Sec- tion 4, of this sardinamce is attached. Nothing in this ord- inance shall be construed to authorizeany person to keep or'har. ,., bor a vicious dog in the City of Tustin. Every such vicious yv dog, unless he be safely muzzled, and every other dog over the age of six weeks, upon v4ioh no license tax htts been paid and which dog does not bear or carry a tag as set forth in this section, is hereby declared to be a nuisance. Every person who owns, keeps or harbors any such unmuzzled or vicious dog or dogs or any such dog upon which no license tax has been paid and tag attached as aforesaid on it, is guilty of a mis demeanor and upon conviction thereof shall be punished by a fine of not less than.$5.00 nor more than $50.00. SECTION 7. It shall _be the'duty of the pound master to notify the owner or reputed owner, keeper or:reputed keeper I or harborer oe reputed harborer, if known, of ar{y vicious dog or dogs upon which no license tax has been paid and which bears no tag _as set forth in Section 5 and 6 o this ordinance, that if such vicious dog is not muzzled or such unlicensed or un tagged dog does not have the license tax set for in Section I, of this ordinance, paid, and Ythe, tag set forth in Section 6 of this ordinance attached as therein provided, within forty-eight hours, the dog will, be destroyed by him, the said pound master. SECTION B. It shall then become the duty of the pound master to immediately post notices in three public places in the City of, Tustin.60ntaining the fcv116wingi (a) A description of the dog or dogs subject to destruction as aforesaid, giving sex, size,, color and breed if known. (b) The name of the owner, keeper or harborer, or reputed owner, keeper or harborer of the said dog if known; if not known, he shall; so state. (c) Tine reason or delinquency for which said dog is being, posted and is subject to be destroyed. (d) A notice that unless such vicious dog:is muzzled or " such license tax is paid and tag, attached as set forth in Seotion 6 of this ordinance within forty-OtgJit hours, the* pound master will 8 at the expiration of that time destroy the said.dog or dogs. SECTION 9. Any. person wishing to redeem a dog that has been so impounded shall in addition to paying the license tax for said dog, pay the sum of $1.00 forthe time said dog has been so impounded, which money shall be paid to the City of. Tustin in the manner provided in Section,5,thereof. SECTION 10., The pound master shall.at the expiration of forty eight hours destroy and bury all such .dogs the above description of which has been so posted, except such of the vicious dogs as shall have been muzzled and such of the dogs upon which no license tax has been paid and tag attached as shall have since the said posting had.the said license paid for them and had the said tag attached to them as set forth in. ®etion 6 of this ordinance. SECTION II. All animals found running at large upon any public street, sidewalk, alley, square or public ground within the City of -Tustin, -,or all .animals as aforesaid which shall be staked or, fastened to they can in any, manner reach or go upon„ any public street, sidewalk, alley, square or public ground for the purpose of grazing or.otherwise,,except .the owner thereof be using the said public street, alley,.sidewalk, square or public ground in its proper use as a public highway, are hereby declared to be a nuisance and subject to.impounding and sale as hereinafter provided. _ SECTION 12. The, pound,. master shall take-up and receiv Into the pound all animals at large or staked or fastened contrary to the intention and°purpose, of, this ordinance as, set Xprth ixi tion Il, heredf, and shall hold the same subject, to, redemp ion or sale as,hereinafter provided. SECTION 13. The pound master shall keep;a true and correct record of the number and description of all .animals'taken.into hls custody wt,th the date,oP impounding.and.the date and manner of disposal and shall keep conspicuously posted at, the entrance to the pound a,list of all animals detained therein., He shall provide the necessary subsistence for all animals in .his -custody, and ,any advancement of money so made shall,become:and be made a direct, charge to the City. SECTION'14. Such animals.,as are not redeemed Within fort1. y eight hours the pound master may proceed to sell at public auc tion for cash to the highest bidder in the following manner; He shall give 5 days written notice, posted in threepub- lie places in the City of Tustin, of the time and place of sale# description of the animals to be sold, time and place of impounding andnameof owner if known, and if t he same be not kr I wwnt he shall so state. The pound master at.the time of posting such notices, shall also place a,.copy of said notice In a-soaled envelope addressed to tJke'owner# or.reputed owner, or last known owner, at his last known address, rind deposit .-the same, Postage prepaid$ In the United States Post Office' in the City of Tustin, ,Orange County, California. At the ap. pointed time he shall soll,the animal so advertised in the m I anner and at the place advertiseds and he shall pay the money received to the Treasurer of the City, who sha 11 place the same in the Gneral Fund and the same shall be held for the period of 4 months subject to claim by owner of the ani . mal so sold. Th I e Costs so reserved,as aforesaidzshall be the fol lowing: $1400 for the impounding; $2.00 per day for keeping and feeding the same, ,,$2*50 for advertising the sale* SECTION 15* If, however# the owner applies to redeem the said animals at I anytimeI before,the sale thereof, he may do -so ,-upon payi#g to the pound master any and all of the Costs as in Section 14# hereof, set forth. MtI& 16, No person shall resist or obstruct the pound master in the discharge of his duties. Any person so doing is guilty of a -Xiddemeanor and,upon convict-jen thereof shall. be punished by,a fine of not loss thbz $5.00 more than $50.00. SECTION 17. The pound master shall make, written report before'the first regular meeting of each month to . the Board of Trust . see, giving a true and faithful account of all licenses paid, tags issued and dogs destroyed, animals impounded, dis. Position thereof and moneys received and handled therefor and in connection therewith. SECTION 18. The pound master, shall,receive such Com- pensation, as may .b'6 fixed by, Ordinance. SECTION 19,-'1 "The Clerk -shsrit cer tIfY to the passage of this ordinance and shall Cause to be posted true copies of this or. q dine in three public places in theCity of Tustin, as soon -, as possible after its final passages and immediately there upon, the same shall be in full force and effect. The city Council and Board of Trustees of said City of Tustin t does hereby find and-, declare. that an emergency exists 'Haat requires that saidpr4inance,become so,effective immediately, upon the posttng thereof,as hereinbefve required; that such emergency exists by reason.of the fact that said,City of Tustin does not at the present time, have in, effect, any ordinance for the regulation of and -licensing .ofl.dogs within said Cityp and it is Imperattye that suoh,.an ordinance bei'paseed both for the pur- pose :of regulation and revenue, and that the�samelshould become L effective immediately upon its final passage. Mayor and President of the Board of the -City of Tustin, (SEAL(ATTEST) city Clerk STATE OF CALIFORNIA,) C&nM OF ORANGE, ss. CITY OF TUSTIN* I; J. R, Harbour, city Clerk of the City of Tustin, do here- by certify that the foregoing Ordinance was introduced at a re. gular meeting o£ the Board of.Trustees.:of the City, of_Tutt,inj on the elst day. of Novemberl.i9270,.andwas,passed.at a regular meet- ing of the City council on tjis �19th :day of December,, 1927s ,W the following vote: AYES- Councilmen: Huntley,- schwendeman, Logan,,and Kiser,. NOES: Councilmen: None. ABSENT: Councilmen'. None, I hereby certify that. upon. its, said. passage, said ordinance was thereupon signed,by.,the Mayor of, the City.. qf..Tustin, and thereafter on the 20th day,of DecOmber9,..19272_j,posted true copies of said Ordinancov,consPicuOuslY, in three public places in the City,of Tustin, torwit-'e -one near the entrance to th-e', Knights of Pythias Hall, the place where said,.Council.holds its Meetings, one.near.ihe,entrance ,to the United States PostVOfficet and one near the entrance to the First.National.-Bank of -Tustin, WITNESS my, signature,,;:,wday'of.December, 1927. SIGNED) e of f i�t ty iy 0 e t e, ty