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HomeMy WebLinkAboutORD 497 (1971) ORDINANCE NO. 497 Z AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE TUSTIN CITY CODE RELATIVE TO ~ ANIMAL CONTROL. __ 4 The City Council of the City of Tustin, California, 5 does hereby ordain as follows= 6 1. Section 4-!. of'~the Tustin City Code, incorporating 7 by reference Ordinance N~. 2159I''~f the 'County of Orange, is hereby 8 amended as follows: 9 a) Section 41' 011 is hereby amended to read as fol lows · . 10 41.011 Definitions 11 -ANIMALS: Unless otherwise' stated ,' the word "ANIFAL" 1Z as used in this Division shall include bir~a fish, mammals and reptiles. 15 pOUNDMASTER, ANIMAL CONTROL SERVICES: The terms 14 "POUNDMASTER" or "pOUNDMASTER, ANIMAL ' CONTROL SERVICES" refer to -the 'Director of 15 the Division of Veterinary Public H~alth. and '!shall include the deputies and ether 16 designees of such person. 17 PUBLIC AQUARIUM: A "PUBLIC AQUARIUM" is a place where fish or other= aquatic animals are 18 or maintained for public exhibit, sale, trade "!or barter. 19 VICIOUS ANIMAL: Any animal which has bitten a persot. 20 or other animal without provocation, or which has a propensity to attack or-bite- Zl any perkson or anima~ without provocation. 22 b) Section 41~014 is hereby amended to read as fo 1 lows: 24 41.01~4 Enforcem. ent. 25 The poundmaster, his deputies, all peace o~fi- cers, veterinary inspectors, the County Health Offi- 26 cer, the Director of the Division of Veterinary Pu~- ] ic Health, and the County Veterinarian of the Count~. 27 of Orange are hereby empowered and it shall be their duty to enforce Articles 1 .through 9 of this Divis~ 28 and any statute of the State of California relatin', to animals, unless otherwise provided by_ law, and Z9 they may arrest any person without a" warrant wheneve', they have reasonable cause to believe that the perso~ 50 tO be arrested has committed a misdemea~Or in their presence which is a violation of any such statute or ~1 ordinance, . ~ NO. person ~hall interfere with, oppose or resis )URKw 'q' HOLBROOK · erlaHONi ,~&e~rO9 :~ ~ lli~ any authorized person charged with the'enforcement of this Division while such person ~is engaged in the per- 2 formance of his~:duties. -- ~ The Poundm~ster and his deputies are hereby authorized to carry loaded firearms issued by the 4 Co'unty while ac~ing in the course and scope of their 5 employment, ': 6 " c) Section 41.971 is hereby amended to read as follows= 7 41,071 Vicious a_n.imal~-. 8 Whenever an= animal suspected of being: =vicious is reported,the Po~.n'dmaster :shall investigate-. the' circ~- 9 stances and:-if ~!~ finds-that such animal has done any of the ac~s '0r Shom a disposition' or P'rope=nsity to do 10 any of the acts declar~d in' this "Division to constitute a vicious anima~,!;, he shall notify"the =owner-or harborer 11 in w~iting, sta{>~'ng all of the facts 'and circumstances. He shall order the Owner or hatborer to keep such animal 1Z within a substantial enclosure or securely attached to a chain or any~ ~.ther type of control which the Pound- 13 master may deem '~;adequate under the circumstances. If 14 . ~ such restraint ~S impossible or impracticable, the ani- mal shal'l be impounded until the owner or hatborer is 15 able to comply ~t~' the'PoUndmaster,s order~ If, upon r~Ceiving written notification as afore- 16 said, the owner ~or harborer fails to provide adequate restraint or control of such animal as ordered. by the 17 Poundmaster within a reasonable time, 'such'?Owner or hatborer shall be liable to PrOsecution ~ for violation 18 Of this Article 'and the animal or-reptile shall be sub- 19 ject to summary destruction. Z0 PASSED ANDj ADOP=g]D at a regular meeting of the City 21 Council, held on the 18th day of January, 1971 ...,./: 24 ATTEST: .... /[4AYOR Z6 4' -:: ' 28 31 3Z JGR:rg 12-23-70 - ~! ~ CAtIF, STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS 'CITY OF TUSTIN ) RUTH C. POE, City Cl~rk and ex-officio Clerk of the City Council of the City of Tustin, Ca~lifornia, does hereby certify that the whole number of the members of ~.he City Council of the City of Tustin is five; that the above and foregoing Ordinance was duly and regularly introduced and read at a regular meeting of the City Council held on the 4th day of january , 19 71 , and was given its second reading and duly passed and adopted"at a regular meeting held. on the 18th day of January , 19 7!, by the following vote.: AYES: COUNCILMEN: COCO, C. MILLER, MARSTERS, L. MIL, LER, OSTE NOES: CQUNCILMEN: NONE ABSENT: COUNCILMEN,: NONE ~.. · city of -- ~ California