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HomeMy WebLinkAboutCC Ord 930 1974-06-10 " ". . ~ : " , ORDI'NANCE NUMBER 930 AN ORD I.NANCE OF THE C I.TV OF SEAL BEACH PERTAINING TO ANIMAL CONTROL AND AMENDING THE CODE OF THE CITY OF SEAL BEACH III' The City Council of the City of Seal Beach does hereby ordain as follows: Section 1. Article I of Chapter 3 of the Code of the City of Seal Beach is hereby amended as follows: Sections 3-2, 3-2.1 and 3-2.2 are repealed, and Section 3-2.3 is renumbered as Section 3-2.1. Section 2. A new Article I II of Chapter 3 of said Code is hereby adopted to read: ARTICLE I II. Animal Control Section 3-10 and cited as Seal Beach. Reference. This Article may be referred to the Animal Control Ordinance of the City of Section 3-10.1 Definitions. Whenever in this article the following terms are used, they shall have the meaning ascribed to them in this article unless it is apparent from the context thereof that some other meaning is intended. 1 (I) Animal. Any animal, poultry, bird, reptile, fish or any other dumb creatare. (ii) 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 ahall be furnished by a contractor contracting with the City to provide the services provided for in this article. (t i i) Cat. Any cat of any age, including female as well asmale. (Iv) Cat Kennel. Any lot, building, structure, enclosure or premises whereupon ~D wherein four or more cats, over four months of age, are kept or maintained for any purpose, including places where cats are boarded, kept for sale or kept for hire. (v) ~ Any dog of any age, including female as well as male. 1 (vi) Dog Kennel. Any lot, bui lding, structure, enclosure or premises whereupon ot wherein four or more dogs, over four months of age, are kept or maintained for any purpose, including places where dogs are boarded, kept for sale or kept for hi reo (vi i) Impounded. If any animal pursuant to this article or any state statute has been received into the custody of any animal shelter, such animal will have been "impounded" as that word is used in this article. (viii) Large Animals shall mean and include horses, mules, donkeys, cows and other animals of similar size. (ix) Medium sized animals shall mean and include goats, sheep, pigs and other animals of similar size. ~ Page two - Ordinance Number 930 (x) Small animals shall mean and include dogs, cats and other animals of similar size or smaller. I' (xi) Wild Animal. animal, including repti les. Any wild, exotic, dangerous or nondamestic but not limited to mammals, fowl, fish or Section 3-10.2. License and registration required. No person owning, having an interest in, or having control, custody or possession of any dog or cat, shall fail, neglect or refuse to license and register such dog or cat if over four (4) months of age, in compliance with the terms of this article. Section 3-10.3. Transfer. No dog or cat license is ~ransferable. Section 3-10.4. Procurement of License Certificates. The Animal Control Officer is hereby authorized and directed to procure each year, prior to the first day of July, sqch number of license certificates and tags as may be sufficient for use during the year, with the year plainly inscribed thereon. Said certificates and tags shall expire July 1 of the following year. Section 3-10.5. Issuance of Liceanse Tags and Certificates. A metallic tag and license certificate with corresponding numbers shall be furnished by the Animal Control Officer or one of his authorized agents, to any person required by this article to obtain a license upon payment of the appropriate fee pr.escribed in this article. I The Animal Control Officer shall keep a record of the name, address and telephone number of the owner of the dog or cat, or other person making payment of said license fee, to whom a certi- ficate and tag shall have been issued, and the number and date of such certificate. Such metal tag issued for the current license year shall be securely fastened to the collar or harness of the dog or cat, and shall be worn by such dog or cat at all times other than when confined to the owner's house, enclosed yard or pen. A duplicate of a lost license tag may be procured from the Animal Control Officer upon proof of loss and p~yment of One Oollar ($1). Section 3-10.6. Time Limit. License Fee. Any owner, with the exception herein provided, of a dog or cat over the age of iour (4) months in the City shall obtain a dog or cat license and pay an original or renewal license fee of Ten Dollars ($10) on or before July 1, 1974,and July 1 each year ther.eafter, except that the license fee for a spayed or neutered dog or cat shall be Five Dollars ($5). The owner has the burden of proof to show the dog or cat has been spayed or neutered. Section 3-10.7. Penalty Fees. Any person who fails to pay the required license fee within thirty (30) days after the same is due shall pay, in addition to said license fee, a penalty fee of 50 percent of the original or renewal license fee. 1 Any person who fails to pb~aln~anequig~riali~~aenseewimmlhin thirty (30) days after any dog or cat comes into his care, custody or control in this City shall pay, in addition to the original 1 icense fee, a penalty fee of 50 percent of the origi,nal'l j'cense'fee. .' .' '. ~ge 'Threeo- Or-dinance 930 Section 3~10.8. License Fee Exemptions. No license fee shall be required for the following: (a) Seeing-eye dogs. I (b) Dogs or bitches honorably discharged from the Armed Forces of the United States. (c) Dogs in the care, custody and control of nonresidents who are traveling through the City, or temporarily staying in the City for a period not exceeding thirty (30) days, or aogs temporarily staying in the City for a period not exceeding thirty (30) days, or dogs temporarily brought into the City for the exclusive purpose of being entered in a bench show or dog exhibition, provided such dogs are so entered and not kept elsewhere in the City. Section 3-10.9. Tag must be shown. refuse to show to the Animal Control the license and the tag for any duly or remaining within any home or upon his immediate control. No person shall fail or Officer or any police officer registered dog or cat kept any enclosed premises under Section 3-10.10. Removal of registration tags. No unauthorized person:shall remove from any dog or cat any collar, harness or other device to which is attached a registration tag for the current year, or remove such tag therefrom. 1 Section 3-10.11. Exhibition of license. No person shall fail or refuse to exhibit the registration of any animal required to be licensed by this article when required to do so by the Animal Control Officer or any police officer. Section 3-10.12. Animal Shelter provided. There shall be provided by the City or by the Animal Control Officer, upon such terms and conditions as shall be named in a contract executed by and between the Animal Control Officer and the City, a suitable building or enclosure to keep and safely hold all animals herein enumerated which are subject to be impounded, which shall be known and designated as the "Animal Shelter." Section 3-10.13. Fees for impounding. The Animal Control Officer shall charge, receive and collect the following fees for services and impounding animals: (a) For picking up and impounding: Any dog: First impound - $5; second impound - $7.50; third impound and each impound thereafter - $15. Any cat: $4 Any large animal: $20 Any medium-sized animal: $8 1 (b) For delivering impounded animals to their owners: $4 (c) For daily care and feeding: Large animals: $2.50 Medium-sized animals: $2.50 'Dogs, cats and miscellaneous smaller animals: $2.50 For any animal under quarantine, the daily care and feeding rate is doubled. . Page Four - Ordinance 930 I (d) For placing impounded animals: Any dog: $9 plus license and rabies shots Any cat: $5 All other animals: Market value (e) Veterinary care for impounded animals: Dogs, cats or other small animals, per treatment: $10 Medium or large animals, per treatment: $15 Section 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 or cat shall cause or permit such dog or cat to be off the premises of its owner, unless such dog or cat is securely confined by a leash not exceeding six (6) feet in length, securely and continuously held by a competent person owning, having an interest in, harboring or having charge, care, control, custody or possession of such dog or cat, or unless such dog or cat be confined within an automobile. Section 3-10.15. Impounding and quarantine. duty of the Animal Control Officer to take up found in violation of Section 3-10.14,hereof. cat is taken up, it shall be delivered to and Animal Shelter. It shall be the all dogs and cats When such dog or impounded in the 1 Section 3-10.16. Notice and redemption of impounded dog. When any dog or cat is impounded, the Animal Control Officer shall immediately notify the owner thereof, if known to him, by written notice or telephone. Section 3-10.17. Fee for recovery of dog or cat, feeding. Subject to the other provisions of this article, any person may make application to the Animal Control Officer for the return of any dog or cat, and upon presentation of proof satisfactory to the said Animal Control Officer that such person is the owner or is rightfully entitled to the possession of such dog or cat, may recover such dog or cat upon the payment of the required fee. The fee for recovery shall be as stated in Section 3-10.13 hereof, plus any license fee then due and payable. Section 3-10.18. Minimum period of impounded dogs and cats. - Records. All licensed dogs and cats impounded at the Animal Shelter shall be provided with proper and sufficient food and water by the Animal Control Officer for a period of at least five (5) days, and all unlicensed dogs and cats for a period of at least three (3) days. The Animal Control Officer shall file at the Animal Shelter a full description of each dog and cat impounded therein, for the period beginning on the day any such dog and cat is taken or delivered into the possession of the Animal Control Officer. 1 Section 3-10.19. Sale of impounded dogs and cats. Summary Destruction. Dogs and cats not redeemed within the minimum impound period may be sold by the Animal Control Officer to the person offering to pay the highest cash amount therefor, provided that the purchaser shall not be given possession of any such dog or cat until he shall have paid to the Animal Control Officer, or deputy, the charges prescribed for such dog or cat. : , Page Five - Ordinance Number 930 I Section 3-10.20. Disposition of Impounded Dogs and Cats. If any dog or cat impounded by the Animal Control Officer shall not have been redeemed within such period, and cannot be sold within a reasonable time thereafter, it may be summarily disposed of by the Animal Control Officer is some humane way. Section 3-10.21. Spaying or neutering required. The Animal Control Officer shall not sell or give away any female cat more than six (6) months of age that has not been spayed, or any male cat of more than six (6) months of age that has not been altered. The Animal Control Officer shall not sell or give away any cat less than six (6) months of age unless the cost of spaying or altering such cat has been deposited in trust with the Animal Control Officer for payment to a veterinarian or spaying or altering clinic designated by'the person purchasing or receiving the cat. The deposit shall be forwarded to the veterinarian or clinic upon receipt by the Animal Control Officer of a notice from the veterinarian or clinic that the cat has been spayed or altered. I Section 3-10.22. Breedin kennels. a No person shall keep or maintain or suffer or permit to be kept or maintained upon any premises owned or controlled by him or it, any dog, male or female, kept mainly for breeding purposes, within three hundred (300) feet of any dwelling house other than that of the owner or person in control of such dog. (b) No person shall establish, keep or maintain, or suffer or permit to be established, kept or maintained, upon premises owned or controlled by him or it in the City, any dog kennel, any portion of which is situated within one thousand (1,000) feet of any dwelling house other than the dwelling ~ouse of the owner or person in control of such kennel. Section 3-10.23. Breedin of cats and cat kennels. '. a No person shall keep or maintain or suffer or permit to be kept or maintained upon any premises owned or controlled by him, any cat, male or female, kept mainly for breeding purposes, within three hundred (300) feet of any dwellrng house other than that of the owner or person in control of such cat. (b) No person shall establish, keep or maintain, or suffer or permit to be established, kept or maintained, upon premises owned or controlled by him in the City, any cat kennel, any portion of which is situated within one thousand (1,000) feet of any dwelling house other than the dwelling house of the owner or person in control of such kennel. 1 Section 3-10.24. Cat or dog breeding permit. Any person owning or having 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 his authorized representative. Fee for said cat or dog breeding permit shall be Twenty Dollars ($20). Any kitten or puppy sold from a litter for a price over and above the cost of advertising, if any, shall be prima facia evidence of cat or dog breeding. r " '. Page Six - Ordinance Number 930 I Section 3-10.25. Dog feces. No owner or person having charge, custody or control of any dog shall permit, either wilfully or through failure to exercise due care to control, any such dog to defecate and to allow such feces thereafter to remain on, any public sidewalk, public beach or park or any other public property, or on any improved private property other than that of the owner or person who has custody or control of such dog; provided, however, that this section shall not apply to public or private street gutters. Section 3-10.26. Dogs in stores or conveyances. 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 any 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 any other food or food product is stored, kept, held, prepared, exposed or offered for sale, or sold for human consumption; or permit any dog, cat or other live animal to ride upon or get into or upon any wagon, or other vehicle in which any such articles offered or to be offered for sale for human consumption are being kept or transported; provided, however, that the provisions of this section shall not apply to a dog trained to guide the blind. 1 Section 3-10.27. Transporting animals on motor vehicles. No person shall transport any animal on the running board of any motor vehicle or outside the passenger compartment, tonneau or body thereof, unless such animal is protected by a framework or other device which will prevent such animal from falling off, jumping or being thrown from such motor vehicle, whether in motion or not. Section 3-10.28. Noisy animals. No person shall keep, maintain or permit upon any lot or parcel of land within the City under his control, any animal or animals, including any fowl or fowls, which by any sound or cry shall interfere with the comfortable enjoyment of life or property by a community or neighborhood, or by any considerable number of persons, and any violation hereof if hereby declared to be a nuisance. Section 3-10.29. Running at large prohibited. or haVing control of any ox, steer, bull, cow, sheep, goat or any animal commonly referred to shall: No person owning horse, colt, calf, as a "Wi ld specie" 1 (a) Permit such animal to run at large in the City; (b) Cause or permit any such animal to be pastured, herded, staked or tied in any street, lane, alley, park or other public place; (c) Tie, stake, pasture or permit the tYing, staking or pasturing of any such animal upon any private property within the limits of the City without the consent of the owner or occupant of such property, or in such a way as to permit any such animal to trespass upon any street or public place or upon any such private property; (d) Permit any of said animals to be or remain during the nighttime secured in any manner other than by enclosing such animal in a pen, corral or barn sufficient and adequate to Page Seven - Ordinance 930 I restrain such animal, or by securely fastening such animal by means of a rope, or chain of sufficient size, strength and weight to effectively restrain such animal; or (e) Fail to provide the necessary sustenance, drink, shelter or protection from the weather, or otherwise. Section 3-10.30. Fowls and rabbits not to run at large. It is hereby declared to be a nuisance, and no person shall suffer or permit any chickens, geese, ducks, turkeys, pheasants, doves, pigeons, squabs or similar fowl or rabbits, owned or controlled by him, to run or fly at large or go upon the premises of any other person in the City. Section 3-10.31. To be kept fifty (50) feet from street line or any dwelling. It is hereby declared to be a nuisance, and no person shall keep chickens, geese, ducks, turkeys, pheasants, doves, pigeons, squabs or similar fowls or rabbits, owned or controlled by him, within fifty (50) feet of any street line or within twenty (20) feet of any property line, or within one hundred (100) feet of any dwelling house or structure used as a dwelling, church, school, hospital or place where food products are kept, stored, manufactured or served to the public, unless such house or structure is occupied by him, or to keep any rooster over four months old within the City limits of the City. I Section 3-10.32. More than ten fowls prohibited. (a) No person shall keep or maintain in the City more than ten (10) chickens, geese, ducks, turkeys, pheasants, doves, pigeons, squabs or similar fowl; and keeping or maintaining more than ten (10) such fowl shall be presumptive evidence of a public nuisance. (b) The presumption created by subsection (a) is a rebuttable presumption affecting the burden of proof. Section 3-10.33. Artificial treatment. No person shall dye, color or otherwise artificially treat any rabbit, baby chick, duckling or fowl in the City. Section 3-10.34. Sale of young. No person shall display, sell, offer for sale, barter to give away any rabbit, baby chick, duckling or other fowl. 1 Section 3-10.35. Miscellaneous animals. Monkeys. No person owning or haVing control or any monKey, ape, Chimpanzee or other animal of the monkey type, shall permit, allow or suffer such animal to run at large within the City or permit, allow or suffer such animal to be or go upon any street or public place within the City without having such animal securely fastened by an adequate chain or rope, firmly held by or attached to a competent person. Such animal shall be deemed and considered as running at large, within the meaning of the expression as herein used, when not confined within an enclosure or when not securely tied or chained. r , ~ Page Eight - Ordinance Number 930 Section 3-10.36. Horses, mules. I (a) No person shall stable or corral any horse or horses within fifty (50) feet of any street line, and any violation hereof is hereby declared to be a nuisance. (b) No person shall stable or corral any horse or mule within fifty (50) feet of any dwelling house other than that occupied by him, or stable more than two (2) horses or mules within one hundred (100) feet of any dwelling house other than that occupied by him, and any violation hereof is hereby declared to be a nuisance. (c) No person, firm or corporation shall keep or stable any burro or burros, or donkey or donkeys, within one hundred (100) feet of any dwelling house other than that occupied by him. Section 3-10.37. Goats. (a) No person shall keep or maintain any goat within fifty (50) feet of any dwelling house other than that occupied by him, or more than two (2) goats within one hundred (100) feet of any dwelling house other than that occupied by him, or more than five (5) goats within one thousand (1000) feet of any dwelling house other than that occupied by him, and any violation hereof is hereby declared to be a nuisance. 1 (b) No person shall keep or maintain any male goat exceeding the age of six (6) months within the limits of the City. Section 3-10.38. Bees. No person shall keep or maintain, or suffer or permit to be kept or maintained, upon premises owned or controlled by him in the City, any hive of bees within two hundred (200) feet of any dwelling house other than the dwelling house of the owner or person in control of such bees. This section shall not apply to the keeping of bees within an educational institution for study or observation, or within a physician's office or laboratory for medical research, treatment or other scientific purposes, provided they are not permitted to fly at large. Section 3-10.39. Cattle and hogs. No person shall keep or maintain in the City cattle or hogs at or upon premises owned, occupied or controlled by him within three hundred (300) feet of any dwelling other than occupied by him; or to keep or maintain any cattle within three hundred (300) feet of any school or hospital, or within one hundred (100) feet of any street line, and any violation hereof is hereby declared to be a nuisance. 1 Section 3-10.40. Keeping of certain animals within fift (50) feet o ,nhablted structures, schoo sand hos itals, etc. No person shall keep any animal, owl or bird, wild or domestic, other than dogs, cats, canaries, birds of the psittacinae family, within fifty (50) feet of any inhabited structure (other than the dwelling of such person), school or hospital, provided, however, that when , any person keeps more than four (4) birds of the psittacinae family he shall keep such birds at least thirty-five (35) feet from any of said structures. J . ~ .. . '. " Page Nine - Ordinance 930 I Section 3-10.41. Deputies. Whenever a power is granted to, or a duty imposed upon, the Animal Control Officer, the power may be exercised or the duty may be performed by a deputy of such officer or by a person authorized, pursuant to law, by the officer. 1 Section 3-10.42. 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, firm or corporation. Section 3-10.43. Amendments. Whenever any reference is made to any portion of this article, such reference applies to all amendments and additions thereto now or hereafter made." PASSED, APPROVED AND ADOPTED by the City Council o~the B6!lch at a regular meeting thereof held on the /P_day 1~4. City 9- Seal of ~~ II 1 ~ C ~I_.t,.,...,/ Mayor ATTEST: . STATE OF CALIFORNIA) COUNTY OF ORANGE ) SS CITY OF SEAL BEACH ) I, Jerdys Weir, City Clerk of the City of Seal Beach and ex-officio of the City Council of the City of Seal Beach, do hereb certify to passage and adoption of the foregOing~~L"ance by t~~ C"ty Council regular meeting thereof held on the - day of ~ by the following vote: / NOES: Counc i I men a:.t!' Counci Imen~ ; Councilmen ~ cI erk the at a , 1974 1 AYES: ABSENT: ,