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HomeMy WebLinkAboutCC ORD 1951-828 Animal pound and general animal provisions, repeals Ords. 20, 30, 67, 77, 84, 102, 125, 290, 413, 437, 458, 661, 662 and 675 (8.04, 8.08, 8.12, 8.16, 8.24)ORDINANCE NUMBER 828 .4N ORDINANCE PROVIDING FOR A PUBLIC POUND: PROVIDING FOR THE LICENSING, REGULA- TION AND CARE OF DOG,. PROVIDING FUR THE CONTROL OF RALLIES, AND PROVIDIA:(. FOR THE REGULATION OF DOG KENNELS: 1' II E SCR 1 IL 1 N G PENALTY FOR THE VIOLATION (JF ITS PROVISIONS: AND RE- PEALING ORDINANCES NI-M- ILEREl) 20. :10, 67, 77, 81, 102. 125, 290, 413, 437, 458, 001, 062, AND 675, OF THE CITY OF NATIONAL CITY, CALIFORNIA. The City Council of the City of National City. California DOES ORDAIN as follows: ARTICLE I CITY 1'Ot"NI) SECTION 1. City Pound and Poundmaster. (a) A City pound is hereby authorized and established for the City of National City, and spool be maintained at such location or locations as may be se.c(led by the City Connell, for the pur- pose of impounding estrays and animals which al e mr1Lenst'd or otherwise not In cemplia nee w itih this, or other ordinances of the City of National City. (i',) The poun dmaste r. all numbers GI' the Police Department of Na- tional City and all other persons he reeler designated by resolu- tion of the City Council. shall have authority to :oilman,: or take icto custody. animals net in compliance with this and other ordinances of the City of Na- tional City, anti others. isc to enforce the W-ov i_ions of this ordinance; and they, and c:a h of them. shall have the a iglu an.i are authorized to rote.- upon any private property for the pur- pcse of ascertaining whether any animal or animals are kept or par pored in violation of any p:o- viston cf this er other ordinance,. Interference by any per's:.n with such enforcement as by rescue or attempted rescue of a ny anima is h. ing impounded or in the pro- cess of being impounded shall I.e a violation of this ordinance. SECTION 2. Methods of Disposal. Animals which have been impound- ed may he disposed of by any of the following methods: All animals impounded shall he held at least seventy-two (72) hours unless sooner clatmcd by and deliver- ed to the owners, prier to their dis- posal. (o-a ) Release to the owner upon his full compliance with all provisions of this ordlnanee including the payment of all license and pound fees : (h) Itelease to any non-profit society or organization approved by the City „Manager, provided that the animal is free from com- municable disease and, If a dog, has been vaccinated against rabies: (c) Private sale upon payment of all fees and costs, or, public auc- tion as in SECTION 8 provided. (d) Release of the animal to per- sons authorized or directed to receive it in accordance with section 400 of the Agricultural Code, or other applicable statue: (e) Causing the death of the animal in a humane and painless manner and disposing of the body and In accordance with any additional regulations that may be hereafter adopted by resolu- tion of the City Council. SECTION 3. found Fees. The following pound fees are here- by' established and shall constitute a lien against the impounded animal: (a) For impounding any large animal, 85.00, plus 10c for each necessary mile of travel. (b) For impounding any dog, $3.0(1. (c) For every day or fraction thereof. excepting the first, that any large animal has been hn- ounded, $2.00. For every day or fraction ereof, excepting the first. that any cat or dug has been impound- ed, 50e. S(ICTION 4. R shall be the duty of the pomplrnaster to attempt to rotify, personaiIy or by mail, within twenty-four (24) hours after im- pounding any dog bearing a Iieense tag Issued pursuant to FL)OTION 11. the owner of such dog. ARTICLE it LARGE ANIMALS SI'.C'I'ION Definition. For the Purpose of this orlirance, a large animal is defined to be any horse, colt, node, donkey, burro, ux, bull, cow. calf, hog, pig, sheep, monkey or goat. SECTION II. 1: sh:all he unlawful for the owner or person hating the control and custody of any large a Mom! to permit the same to run at large within the corporate limits of the City of National City. Si.:cTiOx 7. It shall be unlawful f•-r uny person owning or having control of any- large animal to graze or Pasture the saute, or cause the same to be grazed or pastured, or p,-rrr:it the same to graze or pasture. noon any land within the limits of ti(e City of National City, except upon land owned or leased by the owner of the large animal, or upon land fur which ha- has secured pe: - ...sainn In writing to use for grazing or Pasturing large animals. No large anima: shoal he picket, or-t.dc.d out In such a manner as to perm i: it to cress or LI—swiss upon hands of a.1jciring owners, or upon any travel- ed street r,r sidewalk within the Staid Corporate limits of said CI. y ; and 'rovidad also, that such animal shall be adequately fed an i wa toted and re:• sona ply protected and sheltered against inclement weather. SECTION 5. \Visa. (,-r the Pound - master .shalt disco vcr, or he not Ifled by any person that any large anhnal is grazing or pasturing or running :-t Ia rge or is picketed nr staked out so to Permit it to : ross or trespass upon the lands of adjoining Owns, s. or upon any trave'ed street or side- walk, or is inlpr oper'y cared for in violation of this ordinance. it shall be his duty and he is I oreby directed to immediately take said animal :and impound It in the City Pound. Within twenty-four (24) hours there -aft. r, unless said animal be claimed. he shall, in his discretion, dispose of the a ritual in accordance with. SECTION 2 (d), or he shall notify, by register- ed mail, the owner or reputed owner. if the name and address of such owner or reputed owner be known to him, and shall cause a notice to be posted in each of three (3) conspicn- cus public places in the City of Na- tional City, and shall likewise publish once in ra newspaper published in the City, a notice describing such animal so impounded, giving marks or brands, or other distinguishing points thereof. and fixing an hour, date and place for public auction thereof. which date shall be not less than five (S) nor more than ten (10) days after the first publication of such notice. Unless the owner thereof eornes and claims the salve prior to sale thereof and proves ownership of Bald animal and pays all lawful charges thereon, as hereinafter pro- tided, said Poundmaster Is hereby authorized and 1t is his duty to ex- pose said animal for sale at public auction at the time and place fixed in said notice to the highest bidder for cash. All proceeds of such sale, together with all fines, charges, fees and other expense chargeable against said animal, according to the schedule of charges hereinafter specified, shall be delivered to the Treasurer of the City of National City. together with a full de scriptlon of the animal sold as aforesaid, and said Poundmaster shall deliver to the purehaser of any animal sold as aforesaid, a bill of sale therefor, which shall vest the title to said animal in the purchaser. in the event the animal is not claimed by the owner, and there are no bidders at the aforesaid sale. the owner's interest In said animal shall be foreclosed; and the Poundmaster may dispose of said animal by any method provided for by SECTION 2. ARTICLE III 1)O6 LIC12NSI•I SECTION 0. All dogs within the city :Imps of National City shall be eased in accordance with this ordi- ranee, provided such dog 1s of the ago of four (4) months, and thirty (001 days have elapsed since the first arrival of the dog within the city limits. SI'1CTION 10. Dog licenses shall b my,e(eL' valid for not to exceed twelve (12) (g✓,y,4. months from the date of the original" .5 issuance, or date of re -issue, and\ shall expire on December 31 of each2 SECTION 11. A numbered receipt bearing a brief description of a le, nsed dog, :and a correspondingly numbered metal license tag, hearing the expiration date, shall be issued with each license granted. The num- bered metal license tag shall be firmly attached by the licensee to the collar nr harness of the dog for which Issued. except when the dog is securely confined on or within the premises of the owner. No licensee. or any other person, shall attach, or permit to be attached, such a tag to the enllar or harness of, or otherwise ca use such tag to be worn or carried by, any dog other than the dog for tt hich such a tag was issued. S'EC'1'ION 12. Each license appli- cant shall provide such information as may be required on the license application form approved by thtt city Manager, and shill. prior to granting of such a license. furnish4 proof that the dog for which the ti li- ense Is requested has been vacCJ. "" C vitiated for rabies within such a re- cent period that the interval between the date of such vaccination and the expiration date of the license re- quested shall not exceed by three (3) months the interval required for re- peated vaccinations under SECTION 25. unless the owner or Person in possession of such dog submits a certificate from a licensed veterinar- ian issued within the preceding fif- teen (15) days stating that in his opinion the rabies vaccination would be likely to seriously injure the dog; any dog so exempted from rat -ilea vaccination shall be restricted to the enclosed yard of the owner or person in possession of the same, except when confined within a motor vehicle. SECTION 13. Licenses shall be issued by the office of the Chief of Police. after payment of all fees to the City Treasurer. SECTION 14. Whenever a license tag has been lost or destroyed, a new receipt and tag, expiring on the same date as the original, may be Issuwl fur the same dog on the pay- ment of a replacement fee of Fifty' Cents ($0.50), to the City Treasurer. SECTION 15. Whenever the owner- ship of a dog has cuangcd, the new owner may secure a transfer of license to him by endorsement on the records of the Chief of Police and after presentation to the City Trea- surer of the original receipt. endors- ed by the original licensee as a trans- feror and the payment of Fifty Cents (•$0.50) In the City Treasurer. S1:CTION lc. No li ense fee shall Qt be required with respect to Uav nses issued for dogs which have been y honorably discharged or released fr-in the service or the armed for es of �. ,e United States du: Mg World R'a: If, or dogs have been apecifl- cally trained and are principally used for the purpose of leading persons with deffectis e eyesight. The license fee for other dogs shall be $6.U0 if application is made prior to the ,late the dog is required by this ordinance to be licensed or the license to be re -issued: or $4.00 if application is made subsequent thereto. Any un- licensed dog impounded In the ell Pound shall be con:hrsi:ely presumed, for purposes of this or 1 name, to be, prior to the time of irnrottnding. a dog for which a license is required tinder this ordinance regardless •.f such dogs actual age or length of stall' in National Clty. ARTICLE I V REG1.'T.ATI ON OF DOCS SECTION 17. Care of Dogs. It shall be unlawful fur any person owning or having the custody of a dog to fail to provide su.h a dog with adequate food, water and shelter at all tines. F'ema le dogs in the vestrual period must be kept in such manner as to eliminate the con- gregating of other dogs In the 1n- me.linte vicinity of the female. SECTION IS. (a) It shall he unlawful for any person owning or having the custo,iy, cure, charge, control or possession of a dog to suffer, allow or permit saeh dog to run at large within the city Imats of National City. A dog is defined to be at large whenever it is elsewhere than on the premiss of the owner, or the one having the custody, care, charge, control or possession of such dog. and when such dug is not restrained by a sub- stantial leash and is in the custody of some competent person. or uniess such dog is confined within a ,noes vehicle. (b) It shall be unlawful for any person owning or ha ring the custody. care, charge, control or pass, ssi un of any dog required by this ordinance to be licensed to suffer, allow on - permit such dog to be within the city limits of National City unless such dog has around its neck, a collar or harness to which is attached the petal license tag issued pursuant to SECTION 11. SECTION 10. It shall be unlawful for any person owning or having the custody, care, charge. control or possession of a dog to suffer, allow or permit such dog to enter upon, be or remain upon any private property within the corporate limits of Na- tional City without the consent of the owner thereof. SECTION 20. Harboring Lost Dogs. No person shall harbor ur keep any lost or strayed dog for a longer period than twenty-four (24) hours. Any person finding a dog, which ap- pears to be lost or strayed, shall forthwith notify the Poundm:tster and surrender the dog to him. SECTION 21. Barking Dogs. It shall be unlawful for any per- son to keep, maintain or permit upon his premises, or any premises under his control, within the corporate limits of National City, any dog which. by excessive and continuous barking, howling and yelping, or any similar noise, disturbs the peace and comfort of any residents on neighboring property so as to inter- fere with the reasonable and com- fortable enjoyment of life or ptoperty. Any such interference shall constitute a violation of this ordinance and in addition is hereby declared to be a public nuisance. SEC1`ION 22. It shall be unlawful for any person owning or having the custody care, charge. control or possession of any dog to suffer. allow or permit such dog to enter any restaurant, grocery store, milk depot. fruit or vegetable market, meat mar- ket or any other place of business in the City of National Clty, C.tlifor- nia, where food or foodstuffs of any character used for huu;an consump- tion is manufactured, soil, served or handled. SECTION 22. Vicious Dogs. 1t shall be the duty of the Pound - master to maintain in a separate file, a record Of all vicious dogs within the City. A dog is defined to be a vicious dog when said dog has bitten ene (1) or more persons. or which Is known or should be known to ha.e a propensity to bite or attack per- sons, or other animals. The ownership or possession of any vicious dog is unlawful unless such dog is so restrained, tied, confiner„ or muzzled that it cannot bite or at- tack any person or animal. Should a CI itninal «. ontplaint be fi.ed under this section with respect to an incident involving the biting of a person by such a dog. proof tha the person bitten was at this lime entering upon property with criminal intent or engaged In assault or bat- tery, shall be a complete defense to suc•.h action under this sc,.tt.,n. S11 h proof shall have no effect, how -et rr, with respect to other pro ris.ons oe this ordinance. Any person wino has been bitten, assaulted ur attacked by any dog within the corporate limits of Na- tional City and without provocation from the pen -sun so assaulted or at- tacked may make an affidavit of su<It fact and fire the stone with the you nil master. It shall be the duty of the pound - master, within twenty-four (24) hours, to attempt to notify personal.y or by mall, if the address is known, the owner or keeper of any dog who has bitten. assaulted or attacked any person or animal. It shall be the duty of the pound - master and police oftic ers to kill said dog at any time 1t is found thereafter running at large upon any street, lane, alley, park or other less the owner shall forthwith place such animal under the control and treatment of a licensed veterinarian. SECTION 23. It shall be the duty of the poundmaster to impound any dog found within the corporate limits of the City of National City not in compliance with this or other ordi- nances, provided, however, that any dog found within said corporate limits owned and accompanied by any per- son living outside said City shall not bt impounded and there shall be no violation of this ordinance thereby if. upon demand of the poundmaster or any police officer. such person shall immediately tie or restrain such dog by a leash. however, if such person falls to so restrain such dog after one such demand. then such dog shall be impounded. ARTICLE V RABIES CONTROL SECTION 26. Vaccination. Except as otherwise provided in SECTION 12 all dogs shall be vac- cinated for rabies at Intervals of not less than every twelve (12) months, unless and until the City Council, by resolution, establishes a different in- terval of time for such repeated vac- cinations, the authority to do which is hereby conferred on them. Such vaccination must be perform- ed by a licensed veterinarian, or such person or persons as the City Council. by resolution, may direct. The biological used for vaccination shall be canine rabies vaccine until changed by resolution of the City Council. The persons causing the vca Crin a Linn to be made shall demand from the veterinarian and shall be given an official certificate certifying to the fact of such vaccination and the date thereof and containing a brief description of the dog. Such vaccination shall be a condition of the license required under SECTION 9, except as otherwise provided by SECTION 12, and the certificate may serve us the proof of vaccination re- quired under SECTION 12. Such vaccination shall be at the expense of the person causing the vaccina- tion to be made. SECTION 27. Quarantine. Whenever the poundrnasrer has reasonable cause to believe a dog is ffl Icted with rabies, or whenever a dog has bitten a person or other ;: nbn al, the you n dn, aster in addition to any other right given by this ordinance may. in his discretion, c.:use such animal to be impounded or cause such animal to be placed with a licensed veterinarian for ob- servation. if the dog is impounded, the owner or person having control of such ,iog shall pay all impounding fees. and if not paid at the time for release, such dug may be disposed of Public place in said eit and not in accordance with SECTION 2 (b), restrained by leash or muzzled so(.., (c), (d) or (e). that it cannot bite, assault or attack \ - �-'-'S Unless some other violation of this any person or :animal. '+-"",xJ ordinance is involved, in which ease �'('Athe poundmaster may proceed in ac- SECTION 24. Communicable Dis- A ccrdance with other applicable sec- eases. Lions of this ordinance, such dog It shall be unlawful for any person shall be held under observation for knowingly to harbor or keep within not to exceed fourteen the City of National City, any dog foundto have ( ha days. or other animal afflicted with n+ange, If the do:; is ve rabies, R shall be disposed in accordance F: ringworm, distemper or any other with SCl'iUN 2 (e)) and the the head contagious disease. unless such dog thereof be turned over to the De- er other animal is under the control p.artnnent of Public Health, or to any and treatment of a licensed veterin- other Person designated by resolution a elan. of the City Council for examination. It shall be the duty of the Pound- 1f the dog is found to be free of rnaster to immediately take possession rabies, it may be released by the of any such dog or other animal not veterinarian to the owner or to the so controlled and treated, and after poundmaster, and/or the pound - confirmation of such disease by a master may dispose of any such licensed veterinarian, he shall int- animal in any manner authorized by mediately dispose of the dog in ae- this ordinance. cordance with SECTION 2 (e), un- If the poundmaster has placed a dog! with a veterinarian. as provided in this or any other section of this ordinance, he shall be deemed to have acted as agent of the owner and all hargcs shall become a lien upon the animal. ARTICLE VI DOG KENNELS SECTION 2S. Permits. A dog kennel is defined as any Place or Premises where three or more dogs are kept for breeding pur- poses and where the pups are sold to any other person. or where dogs are received for care or for boarding by the day. week or month. or for longer periods of time. Every person conducting or operating either as owner, lessee, agent or superinten- dent, any dog kennel or any premises er building for the purpose of traf- ficking in or raising. selling or es - changing dogs. shall secure a permit from the City Manager and otherwise comply with the provisions of all Ordinances of the City of National City. which are now in effect and which may herea fter be promulgated. The provisions of this ordinance shall be construed to be additional to and not in conflict with other Ordi- nances unless specifically excepted. SECTION 2'J. Planning Commission Approval. No permit required by the foregoing section shall be issued by the City al a na ger unless the application there- for is first referred to and approved by the Pluming COMM issi nn of the City of Nat'.on al City. SECTION 30. Location of Kennels. All kennels shall be located in a section of the City of National City which is well isolated and all animals shall be kept not less than twenty (20) feet from any door, win- dow or opening from any private dwelling. If. however, any kennel has heretofore been established in a congested area, the animals shall be held in a sound proof room. SECTION 31. Fred. Adequate feed and water shall be furnished to all animals in the ken- nel. All feed shall be stored in rat - proof containers tightly covered and protected against all rats and other contamination. %then ever meat is used. it shall be held in a properly maintained refrigerator. SECTION 32. Communicable Dis- eases. No dog with rabies or other com- municable disease shall be received or held In any place for which a permit is required by virtue of section 24, and if any dog develops a communic- able disease it shall be immediately removed to a veterinary hospital or the City I'ound. SECTION 33. Fees. The Poundmaster shall issue re- ceipts for all fees collected by him and such fees shall be accounted for and deposited daily, with the City Treasurer. SECTION 34. The word "person" shall Include partnerships, firms, as- sociations and corporations; the singular shall include the plural and the plural shall include the singular. SECTION 36. If any section. sub- section, sentence, clause or phrase of this ordinance Is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of the ordi- nance. The City Council of the City of National City hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause and phrase hereof, irrespective of the fact that any one or more other sections. subsections, sentences, clauses or phrases be declared un- constitutional. SECTION 36. Penalties. Any person violating any of the provisions of this ordinance shall be guilty of a misdemeanor, and upon conviction thereof. shall be punished by Imprisonment In the City Jail or in the County Jail of San Diego for not exceeding six (6) months. or by a fine of not to exceed five hundred ($500.00) dollars. or by both such fine and imprisonment. SECTION 37. Repeal. Ordinances numbered 20, 30, 67, 77, S4, 102, 1215, 1210, 413, 437 458, 661, 662 and 675 of this City, are hereby repealed, and all ordinances or parts of ordinances in conflict with or in- consistent with the provisions of this ordinance are hereby repealed. ex- cept that this repeal shall not affect or prevent the prosecution or punish- ment of any person for any act done or committed in violation of any ordi- nance hereby repealed prior to the taking of effect of this ordinance. SECTION 3S. This ordinance shall take effect and be in force on the 31st day from and after its final Passage, provided, however, that the provisions of SECTION 16 shall be- come and be operative January 1, 1952. SECTION 39. That before the ex- piration of 15 days after its passage, the City Clerk of the City of National City, California shall cause this ordi- nance to be published once in the National City News, a newspaper of weekly circulation, printed and pub- lished in the City of National City, California. PASSED AXE) ADOPTED by the City Council of the City of National City, California, this 20th day of November, 19e51, by the following cWC, to -wit: AYES: Councilmen Clarke, Hart, Ingalls. Carrigan. NAYS: Councilmen None. AY.SE:NT: Curry. MA CRICI•: CARRIGAN, Mayor of the City of National City. California. ATTEST: Irene M. Alston, City Clerk. I hereby approve the foregoing Or- dinance this 20th day of November, 1951. MAURICE CARRIGAN, Mayor of the City of National City, California. I hereby certify that the above and foregoing is a full and true copy of Ordinance No. SSS of the Ordinances of the City of National City, Califor- nia, as adopted by' the City Council of said City, and ,'approved by the Mayor of said City o the •2i(�)ttt1s • y of November, 11,�, , 1 '�(i\,— (Signed) MEN •. D . � � City Clerk of the City of National City, California. (SEAL) AND I HEREBY CERTIFY that the same has been duly published ac- cording to' law. City Clerk, City of National City, California.