Loading...
HomeMy WebLinkAboutCC Ord 1045 1978-07-10 4lI:. I I I ORDINANCE NO. I't?~=, AN ORDINANCE OF THE CITY OF SEAL BEACH RELATING TO ANIMAL REGULATIONS AND AMENDING THE CODE OF THE CITY OF SEAL BEACH, CALIFORNIA The City Council of the City of Seal Beach does ordain as follows: Section 1. Article I of Chapter 3 of the Code of the City of Seal Beach, California is amendep by amending subsections 3-2(1) and 3-2(3) and Sections 3-2.1 and 3-2.2 and adding subsection 3.2(4) to read: Sec. 3-2 (1) "Animal" means any nonhuman mammal, poultry, bird, reptile or fish. (2) "Vicious animal" m~ans any animal which has bitten or scratched a person or other animal without being incited, aroused or provoked to so act. (3) "Impounded". If any animal pursuant to this article or any state statute has been received into the custody of any animal shelter, or animal control officer, such animal will have been "impounded" as that word is used in this article. Sec. 3-2.1. Vicious animals. Whenever it is reported that any animal has bitten or scratched a person or another animal, the animal control officer shall investigate the circumstances and if such officer finds that such animal has committed any of the acts declared in this article to constitute a vicious animal, the animal control officer shall notify the owner or harborer in writing, stating all of the facts and circumstances. The animal control officer shall order the owner or harborer to keep such animal within a substantial enclosure or securely attached to a chain or other type of control which the animal control officer deems adequate under the circumstances. If such restraint is impossible or impracticable, the animal may be impounded with the written consent of its owner or harborer until such owner or harborer is able to comply with the animal control officer's order. If, upon receipt of written notification either by mail or by personal service, as aforesaid, the owner or harborer fails to provide adequate restraint or control of said animal as ordered by the animal control officer within 24 hours, such owner or harborer shall be liable to prosecution for violation of this article. Furthermore, the animal control officer may impound the animal with the written consent of its owner or harborer. If such impoundment occurs, the owner or harborer of the animal shall be provided with printed information giving the location and cost of impoundment and the manner in which the animal may be released. Sec. 3-2.2. Beware of animal notice. Whenever the animal control officer determines that an animal has a disposition to attack or bite any person or animal without being incited, aroused or provoked to so act,. sueh officer~may order the owner - --. , I I I 'GWS4-2~ Ordinance N~er ~ or harborer of such animal to post a sign"to read: BEWARE OF ANIMAL. The sign shall be 8" by II" with black letters on a red background and shall be posted in a plain and conspicious manner. Section 2. Article III of Chapter 3 of the Code of the City of Seal Beach, California is amended by amending subsection 3.10.I(i) and Sections 3-10.6, 3-10.14, 3-10.15, 3-10.16, 3-10.24, 3-10.25, 3-10.26 and adding Sections 3-l0.l.a, 3-l0.l3a, and 3-l0.2l.a to read: Sec. 3-10.l. (i) "Animal" means any nonhuman mammal, poultry, bird, reptile, or fish. Sec. 3-l0.I.a. Rabies vaccination required. Every person who owns, keeps, harbors or has custody of any dog over the age of four months, within the city, shall cause such dog to be vaccinated with a type of anti-rabies vaccine approved by the Orange County Health Officer within 30 days from the date the animal was brought into the city. This provision shall not apply if proof can be shown that the animal has been inoculated with an anti- rabies vaccine approved by the Orange County Health Officer and that the vacccine period is still active. Any animal may be exempt from this rabies vaccination requirement upon the presentation of an affidavit from a licensed veterinarian stating that in the opinion of such veterinarian the vaccination would be likely to seriously injure the animal. Sec. 3-10.6. Time limits, license fees. (a) Any owner, with the exception provided in subsection (c), of a dog or cat over the age of four months in the city shall obtain a dog or cat license and pay an original or renewal license fee of ten dollars on or before October 1, 1978, and October lst each year thereafter, except that the license fee for a spayed or neutered dog or cat shall be five dollars. The owner has the burden of proof to show that the dog or cat has been spayed or neutered. (b) Any owner, with the exception provided in subsec- tion (c), acquiring a dog or cat over the age of four months after April 1st of each licensing year, and who purchases a license within thirty days of acquisition of the dog or cat, shall pay an original license fee as follows: (c) When the person having care or custody of a dog or cat can procure a written statement from a licensed veterinarian stating or verifying that spaying or neutering will be detrimental to the animal's life, the owner may obtain a license at the altered animal fee. Upon obtaining a license under this exemp- tion, the owner or harborer shall prevent the animal from breeding. Date of License Purchase Fee/Altered Animal Fee/Unaltered Animal $2.50 $5.00 April lst through Sept. 30th of each license year All licenses shall expire on October lst following the purchase of the license. -2- I I I GWS4-3A Ordinance N~er Sec. 3-l0.l3.a. Transportation of unwanted pets. When the owner of an unwanted pet or litters of kittens or puppies requests an animal control officer to take custody of such animals to be humanely destroyed or sold as pets in a pound, said owner shall pay a fee of $5.00 for the costs of transporta- tion and disposal. The animal control officer shall give written receipt for the fee paid. All unwanted pets or litters of kittens or puppies given to an animal control officer will be disposed of through non- profit humane organizations approved by the animal control section or municipal or county pounds. No such animal shall be given or sold directly to commercial pet dealers. Sec. 3-10.14. Running at large prohibited. No person owning, having an interest in, harboring or having charge, care, control, custody or possession of any dog shall cause or permit such "dog to be off of his or her premises, unless such dog is securely confined by a leash not exceeding six feet in length, securely and continuously held by a mentally and physically competent person owning, having an interest in, harboring or having charge, care, control, custody or possession of such dog, or unless such dog be confined within a motor vehicle or within or on other premises with the consent of the owner, occupant or person in possession of such other premises. Any unlicensed cat shall not be permitted to be off the premises of the owner or person having charge, care, control, custody or possession of such cat, unless such cat is within a motor vehicle or on or within other premises with the consent of the owner, occupant or person in possession thereof, or within the physical control of any person. It shall be the duty of the animal control officer to take up all dogs and cats found in violation of this section. When such dog or cat is seized it shall be taken to the animal shelter unless the owner's residence is identifiable, in which case the dog or cat shall be taken home. If the owner is not home, notice must be left at the owner's residence stating where the animal may be redeemed. Sec. 3-10.15. Quarantine of biting animals. (a) Whenever it is known that any dog or cat has bitten any person, the owner or harborer of such animal shall upon the order of any animal control officer, police officer or health officer keep such animal securely confined on a chain or in a closed cage, yard or other suitable place for a period of not less than 10 days from the day of the infliction of the bite. The owner or harborer of such animal must allow an animal control officer to examine or inspect the animal and the method of confinement. Furthermore, the owner or harborer shall be notified in writing by the animal control officer with a duplicate copy kept by said officer, that the animal shall not be removed from the premises or killed for at least 10 days unless the local health officer orders that the animal be sacrificed for the purpose of laboratory examination for rabies. The above provisions will apply in their entirety for all other animals except that the quarantine period shall be 14 days. -3- I I I GWS4-4A Ordinance NUmQer . (b) Notice of quarantine - posting. Whenever an animal control officer, police officer or health officer has placed an animal under quarantine, such officer shall post a sign indicating that an animal under quarantine is being kept upon the premises. The sign shall read as follows: WARNING - ANIMAL QUARANTINE A (species of animal) ON THIS PREMISES IS UNDER QUARANTINE FROM DATE: TO DATE: DO NOT ENTER WITHOUT EXPRESS PERMISSION OF ANIMAL OWNER SBMC Sec. Seal Beach Police Department, Telephone: (2l3)431-254l The sign shall measure not less than 8" by II" with white letters on a red background. The letters will be no less than two inches in height and one inch in width. The sign shall be securely posted at each access available to public admittance to the actual area of confinement and shall remain posted for the duration of the quarantine period. The failure to maintain the sign in the aforementioned manner shall make the owner or harborer of the quarantined animal liable to prosecution for violation of this article. Sec. 3-10.16. Notice of redemption of impounded animal. Whenever any animal is impounded, the animal control officer shall as soon as possible, notify the owner thereof, if known to him, by personal contact, telephone or written notice. The notification shall include the date, time and place of impoundment, and the manner in which the animal may be redeemed. Sec. 3-l0.2la. Buying doq or cat in pet shop. No pet shop shall sell or give away any puppy or kitten under one year of age unless the sum of twenty dollars has been deposited with the City Clerk to ensure that spaying or neutering will be carried out by the time the kitten or puppy is six months old. Sec. 3-10.24. Cat or do breedin ermit. Any person owning or av~ng control, custody, charge or possession of any cat or dog for breeding purposes shall secure a cat or dog breeding permit from the animal control officer or such officer's authorized representative. The fee for said cat or dog breeding permit shall be $20.00. Selling or giving away a puppy or kitten from a litter shall be prima facie evidence of breeding. -4- I I I GWS4-5A Ordinance Number ,,' Sec. 3-10.25. Maintaining sanitary conditions. (a) No owner or person having charge, custody or control of any dog or cat shall permit, either willfully or through failure to exercise due control, any such dog or cat to defecate in such a manner that the feces thereafter remain on any public street, gutter, sidewalk, public beach or park or any other public property. (b) No owner or person having charge, custody or con- trol of any dog or cat shall permit, either willfully or through failure to exercise due care to control, any such dog or cat to defecate on any private property without the consent of the owner or occupant of said private property. (c) Every person owning or occupying any property or premises where any dog, cat, bird, or other animal is kept, shall keep such premises clean and sanitary. Any uneaten food, feces or other matter that emits an ofensive odor or encourages the breeding of flies or other insects shall be collected daily and not allowed to accumulate. This provision shall not prohibit the owner or occupant of any premises from storing such uneaten food, feces or other matter in a closed container prior to disposal. Sec. 3-10.26. Animals in stores or conveyances. (a) No person shall bring any dog, cat or other live animal, or permit any dog, cat or other live animal to be brought into or to remain in ay room or place (other than a private home where food is not handled for commercial purposes) in which meat, fish, game, poultry, fruit, vegetables, bakery goods, or other food or food product is stored, kept, held, prepared, exposed or offered for sale, or sold for human consumption 1 or permit any dog, cat or other live animal to ride upon or get into or upon any vehicle in which any such articles offered or to be offered for sale for human consumption are being kept or transportedl provided, however, that the provisions of this section shall not apply to a dog trained to guide the blind. (b) No dog shall be tied in front of any public place. No puppies or kittens or any other animal may be offered for sale or barter or given away in any public place. PASSED, APPROVED, AND ADOPTED this , 1978. day of Mayor ATTEST: Secretary -5-