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HomeMy WebLinkAboutORD 165 (1962)83o ORDINANCE NO. 165 AN ORDINANCE PROVIDING FOR THE LICENSING OF DOGS, AND IMPOUNDING OF ANIMALS, REGULATING THE KEEPING AND CONTROL OF ANIMALS, THE CONTROL AND SUPPRESSION OF RABIES AND OTHER INFECTIOUS AND CONTAGIOUS DIS- EASES~ AND PROVIDING A PENALTY FOR VIOLATION. The City Council of the City of Tustin does ordain as follows: Section !: A. DM IN I STP~.T ION A. Responsibi!it,y for Administration of Ordinance. The Poundmaster, who shall ~e the Chief of Police of the City of Tustin,or such other person as the City Council may appoint or direct, is hereby~ charged with the administration of this Ordinance. B. The Promulgation &Rutes and Regulations. The Poundmaster with the approval of the C'ity Council may proMUlgate any necessary administrative rules' a~d re~u!ations for the administration of this Ordinance° C. Person Charged with Ehforcement. ' The Poundmaster~ his deputies, ail peace officers, veterinary inspectors, the Health Officer and the Veterinary Officer of the City of Tustin are hereby empowered, and it shall be their duty to enforce every provision of this Ordinance and any stat~ of the State of California relating to animals, un- less otherwise provided by lawo Pound,aster means the ~erson charged by this Ord- inance with the administration a~d enforcement of provisions hereof together with the deputies of such person; such person or each of his deputies may be referred to and designated by the title "Animal Control Officer."~ Wherever the word '~Pound- master" is used in this Ordinance, it shall be construed as synonymous with the words "Animal Control Officer." No person shall interfere with, oppose, or resist the Poundmaster or other authorized person charged with the enforcement of this Ordinance while such Poundmaster or other ~erson is engaged in the performance of his duties. Section 2: REMOVAL OF ANIMALS FROM ANIMAL CONTROL SHELTE~ No person shall remove any impounded animal from the Animal Shelter, without consent of the Poundmaster. Section 5- ANNUAL DOG LICENSE A. Every owner, keeper or harborer of a dog four months of age or older having custody, of any dog for 15 days or longer shall pay annually a dog license fee, and fix upon said dog a City of Tustin dog license. Each license tax shall be paid annually to the Poundmaster and shall be due and pay- able in advance o~ January 2 of each year and shall expire on December 51 of the same year. The full amount shall be paid for any fraction of the licensing year. The foregoing license fee shall not apply to any dog while kept or maintained exclusively within a commercial kennel, as hereinafter i~ this Ordinance defined. Upon collection of the dog license fee by the Poundmaster or his assistant, a dated receipt stat~g the name of the owner, address, dog tag number, description of dog, date on which rabies vaccination expires shall be issued, along with a City of Tustin dog license tag, stamped with a serial number, y~r and county of issuance. B. Every-owner and harborer of a dog shall attach the official tag to the collar or harness of the licensed dog, and said tag shall be worn at all times. The original dog license receipt and rabies vaccination certificate shall be retained, by the owner or harborer for inspection by any person charged with the enforcement of this Ordinance. C. No dog may be licensed without proof of rabies vaccination as otherwise provided in this Ordinance. D. No unauthorized person shall remove from any dog any collar, harnessor other device to which is attached a license or remove such tag from any dog. E. No person shall make use of, or have in his possession or under his control, a stolen,-couterfeit or forged dog license receipt, dog license tag, rabies vaccination certificate, anti-rabies inoculation deferment form or other forms issued in accordance with this Ordinance. F. No person shall attach any license tag to any other than the dog for which such tag was originally issued. Go No dog license is transferable. H. Any ve~erinary hospital operated only for the purpose, of rendering veterinary treatment by a licensed veter- inarian shall be exempt from payment of all licen~provisions under this statute. Section 4. ANNUAL KENNEL LICENSE A. Any lot, building, structure, enclosure, or premises wherein or whereon four or more dogs four months or older are kept or maintained for the commercial boarding or breeding of dogs which has a commercial license is a kennel for the purposes of this Ordinance. B. No person shall operate a kennel without Ob- taining an annual kennel license issued in his name from the Poundmaster after payment of a kennel license fee as prescribed by this Ordinance. ~. At any time that there are more dogs than the kennel permit allows, the person operating such kennel must obtain a new license permitting the keeping of the grea~er number of dogs. The former license shall be can- celled and a credit for the cancelled license fee shall be allowed on the new kennel license issued. Section 5. FEE SCHEDULE FOR SERVICES AT ANIMAL SHELTER The following charges shall be made at the Animal Shelter for services performed: A. Daily Care and Feed 1. Large animal (horses, cows and animals of similar size) $1.00 2. Medium Animal (goat, sheep, pigs and animals of similar size) .?5 3. Dogs, cats and miscellaneous Smaller Animals .50 B. Vaccination Charge For Dogs~ Chick Embryo Rabies Vaccination 3.00 C. Placement Fee 1. Dogs 5.00 2. Cats and Other Animals Subject to placement 2.00 D. Annual License Fee for Dogs 4.00 E. Reissue Fee for Lost Dog License Tag 0.50 F. Annual Fee for Kennel License 1. Four to Nine Dogs 10.00 2. Ten to Nineteen Dogs 20.00 3. Twenty or more Dogs 30.00 G. Impound Fees 1. Impound fees for animals picked up: (a) Large animal (horse,Cows etc) 10.00 (b) Medium Animal (goats, sheep,pigs, etc.) 5.00 (c) Dogs 3.00 (d) Cats 1.00 (e) Miscellaneous Animals 1.00 H. Veterinary Care (for impounded Animals) 1. Dogs, cats'or other small animals, per treatment 5.00 2. Medium or Large Animals, per treatment 10.0~0 Section 6. RABIES VACCINATION OF DOGS A. Every person owning or harboring a dog for fifteen - or more days, when the dog is four months old or older, must have such dog rabies vaccinated by a licensed~veterinarian, with a vaccine approved by the Poundmaster, at intervals of not more than two years when Chick Embryo Rabies Vaccine is used, and not more than one year when Phenolized Tissue Vaccine is used. B. Every veterinarian after vaccinating any dog shall issue a rabies vaccination certificate on a form approved by the Poundmaster. C. Dogs that are ill may be deferred from rabies vac- cination by. obtaining anti-rabies inoculation deferment from a licensed veterinarian and approved by the Poundmaster. 01d age shall not be a ground for determent from rabies vaccination. D. No person who owns'or harbors any dog shall Fail. or refuse to exhibit his copy of the rabieS vaccination form or anti-rabies inoculation deferment form upon demand of any person charged with the enforcement of this Ordinance. Section 7. CONFINEMENT OR RESTRAINT A. No person owning or having charge of any dog shall permitmthe same to run at large upon any place within the city limits of the City of Tustin, except as otherwise provided by this Ordinance, unless such dog be restrained by a substantial leash'not to exceed six feet in length, and is in-charge of a person competent to restrain such dog. B. The provisions of this Section do'not prohibit allow- ing dogs to run at large on the premises of the owner or person having charge of such dog or prohibit permitting dogs, other than unspayed female dogs during breeding season, to run at large on any other property with permission of the owner of such property~ pro- vided that there are not within a radius of five hundred feet there- from, more than five residential or commercial establishments other than the residence of the person owning or having chargeof such dogs. Section 8. REPORTING BITES OR SCRATGHES Any person having knowledge of any bite or scratch of a person by an animal of a species subject to rabies shall immediately report said bite or'scratch to the Poundmaster. Section ~. QUARANTINE OF ANIMALs A. Ail persons aUthorized in this Ordinance ~-~ to enforce this Ordinance are hereby empowered to enter upon any private property where any dog or other animal is kept, or strayed, which dog or animal is alleged to have bitten any person, to inspect and to seize and impound any such dog or animal for a period of fourteen days and may, in lieu of impounding the same, require the owner of such dog or animal,.by a notice in writing served u'~on such owner to quarantine the said dog or animal for such period. ~.uarantine means the isolation of the said animal in a substantial enclosure so that the animal can- not be subject'to contact with other~animals or unauthorized persons. B. No person shall remove from any.place of isolation or quarantine any animal which has been isolated or quarantined as authorized and provided by this Ordinance, without the consent of the Poundmaster. Section 10. DISPOSAL OF DEAD ANIMALS. The Poundmaster shall be responsible for and dispose of all dead animals whose ownership cannot be established in public territory in which this ©rdinanc'e is effective. Section 11. DISPOSITION OF IMPOUNDED ANIMALS Any licensed impounded dog may be redeemed by the owner upon payment of the impound fee, care and fe~ding charges, veterinary charges, and proof of vaccination. The PoundmaSter shall immediately give notice to the owner of the licensed impounded dog at the address Upon the license~tag of such dog. ~f the dog is not redeemed within f-ive days, the animal shall be deemed abandoned, and the Poundmaster~may sell, release or destroy said animal. B. Any unlicensed impounded dog may be redeemed upon payment of the license fee, impound fee, care and feeding charges, veterinary charges, and proof of rabies vaccination. Upon impound..ing an unlicensed dog, the Poundmaster shall im- mediately give notice to the owner, if known, of the impound- ing of such dog. If such dog is not redeemed within three days, the animal shall be deemed abandoned and. the Poundmaster may'~ sell, dispose of, or destroy said animal. C. Any impounded and unredeemed, dog not suffer- ing from any infectious or communicable disease may be sold upon payment of a placement fee, rabies vaccination fee and ~-~ dog license fee. D. Except as otherwise provided by State law, any other animal which has, nOt been redeemed within three days shall be deemed abandoned, and may be sold upon payment of a placement fee. E. Any impounded unredeemed and unsold animal which would normally have been destroyed as prescribed by this Ordinance, may be released upon payment of the impound fee, and care and feeding charges, from the Animal Shelter to an agency approved by the Cali- fornia State Department of Health and the Poundmaster, to obtain animals and perform medical research. F. Any impounded, unredeemed or unsold animal may be disposed of by euthanasia in accordance with State and City laws. G. Any livestock impounded in the Animal Shelter shall be released to the State of California, and shall be redeemed from the State in accordance with the laws of the State of California governing sales of strays, except as otherwise indicated in this Ordinance. Section 12. VICIOUS DOGS. No person shall permit any dog which has bitten a person or animal withouth provocation, or which has adi. sposition of pro- pensity to attack or bite any pe?son or animal, to be at.large, and any owner or harborer of such a dob shall keep posted in a con- spicuous place at .or near the entrance to the premises wh~re said dog is Kept, a sign having letters at least two inches-in height, "Beware of Vicious Dog.~ Section 13. PENALTY. Any person violating any of the provisions of this Ordin- ance shall be deemed guilty of a misdemeanor, and. u~on conviction thereof shall be punished by a fine of not more than 9500.00 or by imprisonment in the County Jail for a period of not more than six months, or by both such fine and imprisonment. Section 14. VALIDITY OF ORDINANCE. If any Section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional or invalid, such decision shall not affect the validity or constitu- tionality of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each Section, subsection, sentence, clause or phrase thereof, irrespective of the fact that one or more of the Sections, sub- sections, sentences, clauses or ~hrases thereof be declared un- constitutional or invalid. Section i5~. PRIOR ORDINANCES REPEALED. Ordinances numbers 91 and 162, dealing with the regula- tion of dogs and other animals, are hereby repealed, provided, how~ ever, that the provisions of this Ordinance, insofar as they are substantially the same as the existing Ordinances, shall be con- strued as continuations thereof, and not as new enactments. Section 16. PUBLICATION. This Ordinance shall take effect and be in force thirty (30) days from and after its adoption and prior to the expiration of fifteen (15) days from the passage hereof shall be published cnce in the Tustin News, a newspaper of general circulation printed and published in the City of Tustin, County of Orange, State of California, together with the names of the members of the City Council voting for and against the same. PASSED AND ADOPTED by the City Council of the City of Tustin at a regular meeting thereof held on the 5th day of March, 1962. ATTEST: ~/~OME C. KIDD, MAYO~ RUTH ~.'~OE;' CITY CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE, ) CITY OF TUSTIN. ) SS. RUTH C. POE~ City ~lerk and ex-officio Clerk of the City Council of the City of Tusti~, California, does hereby~ that the~ whole number of the members of the City Council of the City of Tustin is five; that the. above and foregoing Ordinance was duly-~d regularly introduced and read at the regular meet- ing of the City Council held on the 2nd day of January, i962, and was given its second reading and duly passed and adopted at a regular meeting held on the 5th day of March, 1962, by the following vote: A~E£: COUNCILMEN: Kidd, Humeston, Mack, ~heridan, Doney NOES: COUNCILMEN; None ABSENT: COUNCILMEN: None ~ ity~o CITY C~LW_2qK ~--~-~ C Tust in, California