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HomeMy WebLinkAboutNS-118 ORDINANCE NO. NS-118 AMENDING PART 1, CHAPT~kR 1, ARTICLE IV OP THE SANTA AHA MUNICIPAL CODE PROVIDING FOE 'ri~ LICENSING OF ALL DOGS WITHIN THE CITY OF SANTA ANA AND ESTABLISHING REGULATIONS REGARDING DOGS WITHIN '£~i~ CITY OF SANTA ANA, CALIFORNIA THE CITY COUNCIL 0F THE CITY OF SANTA ANA DOES ORDAIN AS FOLID~B: SECTION 1. That Part l, Chapter l, Article IV of the Santa Aha Municipal Code, Sections ~ll0 through 4117.3 both inclusive, are here- by amended to read as follows: eSEOTION 4110, Definitions. For the purpose of this Chapter, the following words and phrases shall be construed to have the meaning herein set forth unless it is apparent from the context that a different meaning is intended. "DOG" shall mean any male, female or neuter dog over the age of three months. "UNLICENSED DOGs shall mean any dog for which the license tax has not been'paid for the current fiscal year, or any dog to which a current license tag is not attached as pro- vided for in this Chapter. "KENNELs shall mean any lot, building, structure, inclo- sure, premises, or place whereon or wherein three or more dogs are kept or maintained for the purpose of breeding, training, raising, marketing, boarding or as pets; provided, however, that a small animal hospital regularly licensed and maintained or managed by a licensed veterinarian shall not be deemed a kennel. SQUARANTINES shall mean the isolation of a dog or puppy under three months of age, in a substantial inclosure, so that said animal cannot be subject to contact with other animals or unauthorized persons. #ANIMAL COB~I~ROL MANs shall mean the employee of the City who is charged with the enforcement of the provisions of this Chapter and .his regularly appointed deputy. "OWNER" shall mean any person having title to, keeping, or harboring a~y dog for a period of seven consecutive days, excepting a duly licensed veter- inarian having custody for the purpose of treatment or boarding. "VICIOUS DOG" shall mean any dog which is known to have bitten ar~ person. "SECTION ~lll. Restraint Required. The Animal Control man may order any dog which has bitten any person to be kept securely tied in the rear of the owner's premises for a period of fot~rteen days from date of bite. ,,SECTIO~ ~ll2. License Tax Imposed. A license tax is hereby levied on all dogs over the age of three months owned, kept, harbored, or in the custody or uuder the control of any person ~lthin the City, at the rate of Two Dollars for each dog for each fiscal year, from July i of each year to June ~O of the succeeding year, payable in advance for the whole year. Any owner who fails or refuses to pay said li- cense tax on or before t he first day of September of the year in which it becomes due, is guilty of a misdemeanor. Such license tax shall be deemed m debt due the City from the owner and, in addition to the criminal penalties~ of this Code provided for, such debt may be collected in the name of the City as any other debt may be collected. The foregoing license tax shall not ap- ply to any dog while kept or maintained in a duly licensed kennel nor to auy seeing eye dogs properly trained to assist blind persons when such dogs are actually being used by blind persons f or the purpose of aiding them in going from place to place. "SECTIO~ 4113. Information Required, Record and Tag. Upon payment of the license fe% the City Treasurer or the Animal Con- trol Man shall issue to the owner, a license certificate and a metallic tag for each dog so licensed. The shape of the tag shall be changed every fiscal year and shall have stamped thereon, the year designation and an identifying nttmber. Every owner shall be required to provide each dog, not kept in a kennel~ with a collar to which the license tag must be per- manently affixed and shall see that the collar and tag are continuously worn by said dog. In case a dog tag is lost or destroyed, a duplicate ~ill be issued by the City Treasurer upon presentation of the re- -2- ceipt showing payment of the linense fee for the ,~iecal' yea~ and upon payment of the fee fixed fo~ the issuance of such duplicate tag. No owner shall transfer any dog tag from one dog to another and no pe~son shall place a dog tag upon any dog except the dog for which it was issued. The dog collar or harness worn by the animal shall have the name and address of the owner inscribed thereon. 'SECTION 4114. Record of License and Tag. The City Treasurer and the Animal Control Man shall keep a record of the license tags issued which reco~d shall contain a brief description and the name of the dog and the name and address of the owner. "SECTION 4115. Running at La,ge Regulated. No owner shall permit any dog to run at large while said dog is not wearing the collar and license tag in this Part qui~ed and no owner shall permit any vicious dog to r~zu at large. No owne~ shall permit any unspayed female dog to, run at large or to be lead or tied in any unfenced place while such female dog is in heat or b~eeding condition or to harbo~ o~ keep such female dog so as to attract or decoy male dogs, thus causing a public nuisance or distttrbance in the neighbor- hood. "SECTION4116. Impounding. It shall be the duty of every Police Officer and every Animal Control Man to apprehend and capture any dog found'~un- ning at large contrary to the provisions of this Part and to impound such dog in the Orange County Pound as provided for by contract with the County of O~ange. A complete record shall be ~nished to and kept by the Animal Control Man, of any dog so impounded, showing the breed, color, sex of such dog and information regarding license if such dog be wearing a tag. If licensed, the owner shall be notified of such impounding and licensed dogs shall be kept separately from unlicensed dogs. -3- "SEOTION ~117. Redeeming Dogs. In order to redeem or buy any dog that has been impounded, a fee of One Dollar for the taking up and One Dollar for re- demption, plus Twenty-five Cents for each day the dog is held, to cover feeding and care of the same, shall be paid. Ail moneys collected by the Pound shall be credited to the City of Santa Aha. No dog suffering from rabies or other dangerous disease shall be released or sold and no vicious dog shall be sold. "SECTION 4117.1. Control of Vicious Dog. The Animal Control Man, upon receipt of an Affidavit from any person who has been bitten by a dog, or any person who has wit- nessed such occurrence, shall notify the owner of such dog, in writing, to keep such dog at all times, on the property or prem- ises of said owner, inside fenced inclosure and so controlled that said dog cannot escape. All entrances to the property shall have a written notice or sign in letters bearing the words, "beware of dog". lowed to ~un at large and shall not at least one inch in height No vicious dog shall be al- be taken upon the streets of the City except when securely controlled on a leash. "SECTION 4117.2. Retaining Possession without Owner's Consent. No person shall hold or retain possession o f any dog or other animal for a period of longer than twenty-four hours unless he holds title to such animal or has the consent of the owner there- of, unless such person shall have reported the fact of such pos- session, the manner of acquiring the same, a true description of the animal and the name, address and telephone number of such per- son holding or retaining possession to the City Police Department or the Animal Control Man. #SECTION 4117.3. Running at Large Prohibited. No owner or person having control of any dog shall allow the same to be at large and unrestrained or unconfined in any park, auto park or trailer court within the City and no such person shall allow such dog to run at large at an~ place within the City if such dog has been declared to be a public nuisance or at any time between the declaration of a special emergency re~,i~img muzzles, issued by the Mayor, - and the termination of such emergency period, unless such dog is wearing ~ securely fastened, wire muzzle so placed over its mouth as to prevent the dog from biting any person or ~l. During such period of mmergency, ar~ dog found running at large without such muzzle, may be sumuarily destroyed. (~) When wxeitten complaint has been made by any person to the Animal Control Man, that any dog is a nuisance by reason of barking, howling, growling, running or charging at or after, ar~ person or vehicle, or biting any person, or molesting or destroying any property, such dog may be declared to be a public nuisance by the ~n~mal Control Man. Such written complaint shall give the name and address of the owner of the dog and the time and place where the act or acts cv~.~lained of, occurred. The ~n~al Control Man shall serve written notice of such complaint and alleged facts on the person owning such dog by delivery to him or to some person over the age - of eighteen years at the address of the owner, or if no such person be found, by affixing such written notice securely to the door of the buildt~ at such address and by s endive a copy thereof by mail to said address. After service of such notice, the owner shall thereafter keep said dog se- curely tied, within an adequate inclosure, or on leash and if the complaint be barking or howling, the owner shall ~eep said dog securely muzzled in a manner to prevent such barking or howling. Any dog kept in violation of this Part may be seized and destroyed." SECTION 2. That Part 1, Chapter 1, Article IV of the Santa Aha Municipal Code is hereby emended by adding new Sections thereto, to be Numbered 4118 and 4118.1 to read as follows: "SECTION 4118. Kennels. Fees. A license fee is hereby levied on all kennels in the City of Santa Aha as follows: (a) For kennels containing more than three but less than eleven dogs, the sum of $10.O0 par year or fraction thereof. (b) For kennels containing eleven and less than twenty dogs, the sum of $20.00 per year or fraction thereof. -5- (c) For ~ennels containing more than twenty dogs per year, $1.00 per dog per year or fraction thereof. .SECTION 4118.1. Kennels. Requirements. All pens must be securely inclosed with a wire fence not less ~han six feet in height. Ail houses for sleeping must have a floor elevated at least six inches above ground level, must have a cement floor, ~ust be tight against the elements except for the entrance, and must comply with the requirements of the Building Code. At least one hundred square feet of securely fenced run area must be provided for each dog. No person shall allow the runs to become a nuisance in any m~nner and all dog fertilizer and food scraps must be cleaned up and removed at least once each day. Ail barking or howli~ dogs shall be kept in an inclosed ro~m ~h insulated walls to prevent the travel of sound at an objectionable level from the kenneLbuilding. No kennel shall be conducted, established or maintained except in an M-1 Zone or a less restrictive zone. No kem~el shall be established closer th~ 1,000 feet to any bu&lding used for h~aan habitation and no kennel shall be maintained closer than 500 feet to any building used for human habitation excepting only the residence of the kennel operator if the seme be upon the parcel of land under one o~nersh&p which includes all parts of the kennel." ~ECTION 3. The Clerk of the Council shall certify to the passage of this Ordinance and shall cause the same to be published within 15 days after its adoption in one issue of the Santa Aha Independent. Th~s Ordinance shall ta~e effect 30 days from and after the d~te of its final adoption, except that the provisions of Section 4112, imposing license tax upon all dogs not kept in kennels shall not ta~e effect until the 30th day of June, 1956. PASSED AND ADOPTED by the City Council of the City of Santa Aha at its regu- lar meeting held on the 18th day of Jul~ , 1955. STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF SANTA ANA ) I, ERMA E~LER, do hereby certify that I am the Clerk of the Council of the City of Santa Aha, California; that the foregoing Ordinance was regularly introduced at the regular meeting of said Council held on the 5th day of Jul~ , 1955, and was again considered by said Council at its regular meeting held on the 18th day of Jul~ , 1955, and was at said meeting regularly passed and adopted by said Council by the following vote, to-wit: AYES, COUNCIT.~N: Dale H. Heinly, J. Ogden Markel, William Jerome, Courtney R. Chandler None NOES, ABSENT, COUNCIL~EN: COUNCILMEN: N:hl.ford W. Dahl CLERK OF THE COUNCIL