HomeMy WebLinkAboutCC Ord 833 1971-02-01
..
I
I
I
,
,-',
. ~..
ORDINANCE NUMBER 133
AN ORDINANCE OF THE CITY OF SEAL BEACH, CALIFORNIA,
A CHARTER CITY, ADOPTING BY REFERENCE, ORANGE
COUNTY ORDINANCE NUMBERS 2417, 2385, AND 2216,
ALL RELATING TO ANIMAL CONTROL, WELFARE, AND
HEALTH REQUIREMENTS.
THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, DOES
ORDAIN AS FOLLOWS:
Section 1. Ordinance Number 2417 of the County of Orange, an
ordinance defining ANIMALS, POUNDMASTER, ANIMAL CONTROL SERVICES:
?UBLIC AQUARIUM: AND VICIOUS ANIMAL is hereby adopted by reference
as if the same were set forth in full herein.
Section 2. Ordinance Number 2385 of the County of Orange, an
ordinance specifying certain powers of The poundmaster and his
deputies, is hereby adopted by reference as if the same were
set forth in full herein.
Section 3. Ordinance Number 2216 of the County of Orange, an
ordinance relating to VICIOUS ANIMALS is hereby adopted by reference
as if the same were set forth in full herein.
Section 4. 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 constitutionality of the remaining portions of this
ordinance. The City Council of the City of Seal Beach 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, subsections, sentences,
clauses or phrases thereof be declared unconstitutional or invalid.
section 5. The city Clerk shall certify to the passage and adop-
tion of this ordinance and shall cause the same to be posted in
three (3) places within the City according to law.
PASSED, APPROVED, AND ADOPTED by the City Cou9?il of the City of
Seal Beach, California, on the /Sr- day Of~....-t:~1971,
by the following vote:' _~
AYES: councilme~..- '1!f,..~.._.~, ~~""L...(/ 'd-",--
NOES: Councilmen ~__ -
VACANCY: Councilmen A"
, .
Councilmen
ABSENT:
~'
~41~~~
Clerk
[yor
,:J OrB \'IF.In, ('~'i'~~<;J~~F nrr. ""TV "'"' ."",
lrA~lJ "'Q IL~. ,,-...~ '.'." '.
r.:.. . ,.,- --l'- ...,...__
JRn t. , "'1.' ,: '.;~..... . .......... I ,", .! I. . '. .....~ " ,
..,I,~.~ :'.. ,- .''\I'''~ 'i~r"'~':':""""'r' 13a
!\"D ",I AS pM._._ .",_~ . ..
'" V! "l....I. II ,.u'~""'I"-1 1"') G'.l""lr.f,..'....
-.- . .......... I I .. ,....1 ',r'o , ,~
NO'117.J:.O:k Jlli:.: ..A2tl...f)p,y OF d{ "'.~/ ."" 7/
(A.4ys k(/'/..u /,./-t; .....~ ",
r '
Ordinance ~umbe~
JOHN R, PHILP, M.u.
HEALTH OFFICER
ORANGE COUNTY ANI.MAL SHEL TER
561 SOUTH MANCHFSTER AVENUE
ORANGE, CALIFORNIA 92668
TELEPHONE: 532-7301
HEAL TH DEPARTMENT
VETERINARY PUBLIC HEAL TH DIVISION
November 23, 1970
Dennis Courtemarche, City Manager
City of Seal Beach
211 8th Street
Seal Beach, California 90740
AGENDA ITEM # VII A
Dear Mr. Courtemarche:
Ordinance No. 2159 relating to animal control, welfare, license and health
requlations has been amended by Ordinances No. 2216, No. 2385 and No. 2417.
We would like your city to adopt by reference these ordinances which are
attached. The following is a brief discussion of each of the new ordinan~s.
f
I
On March 26, 1968, the County Board of Supervisors adopted ordinance No. 2216.
It corrects an error in "Section 41.071 Vicious Animals" by replacing, in the
first sentence, the word Article w\th the word Division. '
Ordinance No. 2385 was adopted by the County Board of Supervisors on April 7,
1970. This ordinance is a very siqnificant one in that it provides the County
Animal Control Officers with the authority to enforce local ordinances and
State statutes relating to animals, and authorizes them to carry loaded fire-
anns issued by the County while acting in the course and scope of their employ-
ment. The adoption of this ordinance resulted from the repeal.of Section 111'7,
which had been the basis of the County Animal Control Officers authority, of
the California Penal Code in 1968 and the addition of Section 836.5 in 1969.
Section 836.5 provides that Animal Control Officers may be granted authority
to issue citations and/or make arrest's for violations of local ordinances or
, State statutes relating to animals. It also provides civil liability protection
for the County Animal Control Officers while- working within the scope of their
employment. Thus Ordi""nce No. 2385 is based on Section 836.5 of the California
panal Code.
I
Ordinance No. 2417, which was adopted by the County Board of Supervisors on
september 22, 1970, changes "Section 41.011 Definitions" by redefining Pound-
mt\ster to refer to the Director of the Div'ision of Veterinary Public Health
and his deputies or desiqnees. This ordinance was necessary to reflect the
County's deletion of the I'ounrlm""t"r ~oh class and the addition of a new job
class of Supervising I\nim;;TCOn_t~officer.
I'"
- .
I
'1
-2-
Ordinance Number
.. . . -
.-
Recommendation
We recommend that your city adopt by reference Ordinances 'No. 2216. No. 2385
and No. 2417. Your prompt attention to this matter is necessary if the County
Animal Control' Officers are to be fully effective within your eit.y. Please
notify the Veterinary public Health Division of the Orange County Health Ilepart-
ment. of actions taken or dispositions made which relate to these. new ordinances.
Very truly yours.
...
~~~~
JOHN R. PHILP. M.D.
Health Officer
County of Orange
JRP.TRC:sj
cc: Corres. - City of Seal Beach