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HomeMy WebLinkAboutCC Ord 978 1975-12-08 ., I -I I ,", ORDINANCE NO. ~~~ AN ORDINANCE OF THE CITY OF SEAL BEACH PROVIDING REGULATIONS FOR THE CONTROL OF VICIOUS ANIMALS 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 is amended by adding Sections 3-2, 3-2.2, 3-2.3, 3-2.4, 3-2.5 and by amending Section 3-2..1 to read: "Section 3-2. Definitions. Whenever in this Article the following terms are used, they shall have the meaning ascribed to them in this Section unless it is apparent from the context thereof that some other meaning is intended. (1) Animal. Any animal, poultry, bird, reptile, fish or any other creature. (2) Animal Control Officer shall mean the officer designated by the City Council to carry out and enforce the terms of this Article, whether such person shall be an employee of the City or shall be furnished by a contractor contracting with the City to provide the services provided for in this Article. (3) Vicious Animal. Any animal which has 'bitten a person or other animal without provocation or which has a propensity to attack or bite any person or animal without provocation. "Section 3-2.1. Vicious Animals. Whenever an animal suspected of being vicious is reported, the Animal Control Officer shall investigate the circumstances and if he finds that such animal has done any of the acts or shown a disposition or propensity to do any of the acts declared in this Article to constitute a vicious animal, he shall notify the owner or harborer in writing, stating all of the facts and circumstances. He shall order the owner or harborer to keep such animal within a substantial enclosure or securely attached to a chain or any other type of control which the Animal Control Officer may deem adequate under the circumstances. If such restraint is impossible or impracticable, the animal shall be impounded until the owner or harborer is able to comply with the Animal Control Officer's order. "If, upon rece1v1ng 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 twenty-four (24) hours, such owner or harborer shall be liable to prosecution for violation of this Article and the animal shall be subject to summary destruction. "Section 3-2.2. Beware of Dog Notice. the Animal Control Officer receives a report of a a disposition or propensity to attack or bite any Whenever dog with person I I I ~ Ordiance Number or animal without provocation, he may order the owner to post and keep posted upon the premises where such dog is kept under restraint as herein provided, a notice containing the words "BEWARE OF DOG." Each letter of said notice shall be not less than two inches (2") in height and the notice will be displayed in plain and conspicuous view. Failure to obey such order in any respect as herein provided shall render such owner liable to prosecution for violation of this Article and shall render such vicious dog subject to summary destruction. "Section 3-2.3. Wild, Exotic or Nondomestic Animals in Captivity. No person shall have, keep or main- tain any wild, exotic, dangerous or nondomestic animal with- out first applying to and receiving a license from the Animal Control Officer. The keeping or maintenance of such animals shall also conform with all other provisions of this Code. "The Animal Control Officer is hereby authorized to issue a license to any person for the keeping or main- taining of any wild, exotic, dangerous or nondomestic animal if he finds that as follows: (1) Adequate provision has been made for the caging or tethering of such animal. (2) The keeping of such animal will not endanger the safety of any person or property. (3) That the keeping of such animal is necessary for educational or research purposes. (4) That the keeping and maintaining of such animal can be done in a manner which is compatible with the neighborhood in which it is being kept, (5) That adequate provision has been made for the care and feeding of such animal, (6) The Animal Control Officer may require such additional controls as be reasoQably necessary and proper to protect the health, safety and welfare of the citizens of the community. "The Animal Control Officer may revoke any such license for the violation of any of the provisions of this Code, or of any of the controls adopted pursuant thereto, or when in his opinion the safety of any person or property is endangered by the keeping of any such animal. . "Section 3-2.4. Possession or Transfer of Danger- ous Animal. It shall be unlawful for any person, firm or corporation to possess, keep, sell, trade or barter any animal which is detrimental to the health and safety of the public. I I I .. Ordinance Number . . "Section 3-2.5, Penalties. Any person, firm or corporation violating any of the provisions of this Article' shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than Five Hundred Dollars ($500) or by imprisonment in the County jail for a period of not more than six (6) months, or by both such fine and imprisonment. 'Each such person shall be deemed guilty of a separate offense for every day during any portion of which any violation of any provision of this Article is committed, continued or permitted by such person, ~irm or corporation." 8(1. rfiJ' PASSEnj' ;'?PROVED AND ADOPTED t:h i s ~ day of ~c.b= h.(&L , 1975. LQJlR~\ ATTEST: STATE OF CALIFC~N!A ) COUNTY OF ORANGE ) ss. CITY OF SEAL BEACH ) I, Jerdys Weir, City Clerk of the City of Seal Beach and ex-officio clerk of the City Council of the City Beach, do hereby certify to the passage and adop- the foregoing ordinance by the City Council at a L . meeting thereof held on the )?~ ~ , 1975, by the following vote: AYES, Coundl Menbm ~. /;:..J fi "-' b""~t.<'~ ~ NOES: COuncil Members ABSENT: Council Members ~ (I " .1 I ... PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA. County of Orange I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years. and not a party to or Interested In the above-entitled matter. I am the principal clerk of the printer of the SEAL BEACH JOURNAL .................................................... 231 Main Street .................................................... a newspaper of general circulation, printed r"- I I and published ....;i.o...~~J..JlMM........ In the City of ....,Sl':e.J..J3MM.............. County of Orange, and which news- paper has been adjudged a newspaper of general circulation by the Superior Court of the County of Orange, State of California. under the date of..f!'ll?.?.lJ.19 ..?.OJ Case Number ..~.-:~.??~.L.; that the notice, of which the annexed Is a printed copy (set in type not smaller than nonpareil), has, been published in each regular and entire issue of said newspaper and not In any supplement thereof on the following dates. to-wit: December 17 .................................................... all in the year 19...??, I certify (or declare) under penalty of perjury that the foregoing Is true and correct . Dated at Seal Beach ......................................... . thO 16 d fDec. 19 75 rnla, IS.......... ay 0 ........, ..... . . ....si:a~~............... Free caple. of this bl.nk form m.y be secured from: CALIFORNIA NEWSPAPER SERVICE BUREAU,INC. Legal Advertising Clearing House 210 South Spring St.. Los Angeles. Calif. 90012 Telephone: 625-2141 Ple..e request GENERAL Proof of Publlc.tlan when orderlnq this form. Ordinance Number This space Is for the County Clerk's Filing Stamp Proof of Publication of ,Ordinance-No.__9,78_ ~.--"' -6m5MAIlCt':l6. 918 - ~ AN ORDINANCE OF THE CITY OF SEAL BEACH PRO- VIDIllG REGULATIONS FOR THE CONTROL OF YIC10US ANIMALS AND AMENDING THE CODE OF,THE cm OF SEAL 8.r..\CH, CALlFOHNLo\ .;. THE cm COUNCIL OF THE CITY OF SEA~BEACH DO!:tOJlDAIN. AS FOLLOWS, - , Section 1. Article I ot Chapter 3 IS amended by addiDg seeltoa 3.2.3-2.2, 3-2.3, 3-2.4, 3-2.5 and by amending Section 3-2.1 to read: "Section 3.2. Definitions. Whenever 1D this A rUel, the followtag terms 3re used, they shall bave the meamng ascribed to them 1D this Section uoless 1t Is apparent from the contest tblreof .that some other meaning 15 lIlteDded. . :"r ". (I) Animal. AD) animal, poultr)', bird, rephle, flsll or any other creature. (2)' Ammal Cootrol Orficer Shall mean the qfflcer deslpated by the City CouncU to carry out.. and eDforce tbe terms of ttUs Article. whether such persoa"-f.lt8J1 be an employee oftbe City or shall be furBiShed by a COIltractor cODlractlDg with the City tu prOVide the services provldlld. for iD thIS Article. >. - (3) Vicious ADimal. ADY aD1rDal whicb bas bltta a person or otbIr aaimal without provocatloD. or ...blcb bas a propeus1ty to attack or bite aay perSOD or aalmal wttbbut provoeatkm. . . . . "SeetioD 3~2.L Vicious ADIqlals. Wbeoever an ardma1 SBI~ pected of bemg vicIOUS is reported, the ADlUlal Control OWcer sball lDvestipte tbe e1relUDstaDees aDd U he ftnds that such animal bas doDe U1 of the acts or sbowD a cUspos1tloa. or propeDSltJ to do UIJ' of the acts declared in tblS ArtiCle to eODSUtate a vlctoaS animal. be shall I10tlfy tbe OWDer or harborer lD writlDg, statlnc all of tile facts and circumstances. He sbaU order the owaer or harborer to keep such animal wltbID a substantlal eaelos1D'e or securely attaebed to a chaJa. or any other type of control wlncb Ole Aa1mal Control Officer may deem adequate uDder the circumstances. U saeb restraint is bnpossible or impraet1cable, the IIIlmalIba11 be .lmpot1Ddld untU tile owner or barlmer Is able to compl, W1lb -f Anboal Control OIDcer's order. . '. "If, upon re<:elvtag WrltteD notification, either by mall or by .......perlODl.l se!Vlre, as aforesaid, the owner or harborer fluls to pro- :~ vide adequate restramt or control ,of said animal as ordered by the. . Alliina! CODlrol Officer wltbin tweaty.four (24) bours, sucb OWD8r . :-; or barborer;, shall be liable to prosecution for violation of this Arl. ~:: and the animal shall be subject to summary destructioD. ". . ~ , ~ . r_. "SectIOn 3-2.2 Beware of Do, Notice. Wheoever the A ~ I Contrt)1 Offir-t:'1 re<"pives a report of a rtt)g wJth a disposition. .. '. propeosity to attack or bite an,. person or animalwltboat piq: .. YOCatlon, be ma,. order the owner to post aDd keep posted apctII tile -:: premises wbere Kuch dog is kept under restraint as herem provided. a notice ('ontainlDg the words "BEWARE OF DOG." Each letter of said notice shall be Dot less than two IDCheS (2") 1D l181gbt and the notice will be displayed 10 plain aDd COnspiCUOUS view. FaUure to obey such order 10 aDY respect as herem prOVided shall rftder sucb owner liable to proseC1ltloo for vlolaUou of this Art1e1e IlDd sI1all render sucb vicious dog SUbJlCt to SWD{DI.r,. destraetiaa. "Seettoa 3.2.3 WIld. ElOtle or NODdomestlc Aalmals ill Cap.- Uvity. No periOD shall have. keep or maiDtaiD. Uy wild. elOUc. _ous or _eellc aalmal ._ Drst applylDc III IIId receivmg a license from the Aa1ma1 Coatrol Omcer. The teepIq or maiotenaoce of ~eb animals shall also cODform wltb all olber provisions of this Code. ,', j Il I . , , ''The Anunal Couuol Offlcer is bereby authorized to issue a Ucease to allY persoa for tile keeplq or malDtainlD&: of IDY wild. eJDt1e, daDprous or llOIIdomesUc aolmal if be f1Dds that as follows; OJ Adequate PfOVISloo. has beeD. made for Ule C!:agiD& or tetberiDl' of such ulmal. (Z) TIIe....plag 01 such _I will not 0IIdsIIpr !be sslely 01 any perIOD or property. (3) That the keepuJg of such animal IS necessary for edu. c:atumal or research purposes. (4) Th3t'Q;k;;;~g and maintalDIng of sucb animal can be done In a manner whu::b is -compatible wdb the neighborhood ill whlcb It ilit being kept. (5) That adt!'1l1olte pruvlslOD haS'" beeD made lor the care and leedmg 01 Sourb animal. (6) The Animal Control Omcer ma, require sucb addittOllll controls as be reasonably necessary and proper to protect the health, safety and wellare of the c1l1zeos 01 tbe commwuty. "The Animal Control Officer may revoke any such licluse for the violatlOD of any of the prOVisIOns of this Code. or of any of the controls adopted pursuant thereto, or when ta b1s oplD1oD tbe salely 01 any person or property IS endangered by tile teepiDl of any such animal. "SecllOD 3-Z.4 Possession or Transfer of Daarerous Ammal. It shall he unlawful for any persOD. firm or corporatiou to possess. keeP; sell, trade or barter .OJ' aalmal wblcb l&: detrimeatal to the bea1tb aDd sarely of the public. "SechOl1 3-2.5. Peaallles. Any perSOD. firm or eorporaUml YlOlatmg any of the provisloDS of this ArUcle sbaD be deemed guilty of misdemeauor, and upon cODvlctlon thereof &ball be pun. lshable by a f1np of not more than Five HUDdred Dollars (POO) or_ by imprisonment m the COIlD.ly JlU for a period of DOt more lbaD sil: (6) months. or by both such Itae and Imprlsoumeul. Eacb sacb perSOll sbaD be deemed caUty of a separate offeDsI for ever,. day during any portion of wblcb any violatioD of any prov1s1oD. of tbls Arttrle IS rommltted, conttJllK'd or permitted by sucb perSOll, firm Of corDOralll)n." PASSED, \)JPRfJVED AND AOOPTED thiS 8th day of December, 1915. Thomas I. McKuewJr. Mayor ATIfST, Jerdys Wf'lr CITY CLERK STATF IlF rALlrOHNlA ) C"ue-.;'TY or oll:\="r,( ) 'i'i. CITY OF SEAL B~ACH ) I. Jerdys Welt, City Clerk of the City 01 Seal Beacb IDd ex-ofiirlO clerk 01 the City COUDcl1 01 the City of Seal Beach, do ber~by certify tf) the passa.ge aud adoption oUhe fQregomg ordlDaDce by the City {"(,nnrn :tt a reltU13.r meeting ther.of beld on the 8th day of December, 1975, by the followiqg vote: AYES: CotJJIcll Members Barton, BlackmaD, Holden, MeKDIW, Sales NOES: ' CllUncil Memberl'i None A BSENT' Council Members None Jerdys Weir City Clerk "oin. \.I~ <:to?~ P....,r-b .Journal "',' fir- J'';', 1~,,;,;: 'It.