HomeMy WebLinkAboutOrdinance 477 N.C.S. 04/08/1957313
ORDINANCE NO. 477 N. C. So 7 0 ,
INTRODUCED BY COUNCILMAN SECONDED BY COUNCILMAN
Adams Crinella
AN ORDINANCE...PROVIDING FOR THE LICENSING OF ALL
DOGS WITHIN THE CITY; PROHIBITING DOGS OR OTHER .
ANIMALS FROM RUNNING AT LA -RGE PROVIDING FOR THE
IMPOUNDING OF UNLICENSED DOGS AND ALL - ANIMALS
FOUND RUNNING AT 'LARGE; PROHIB THE KEEPING OF
ANIMALS WHICH DISTURB THE PEACE;- PROVIDING FOR THE
REDEMPTION.. AND RECLAMATION OF IMPOUNDED ANIMALS;
AUTHORIZING THE DESTRUCTION OR OTHER DISPOSITION
OF UNCLAIMED AND UNREDEEMED IMPOUNDED ANIMALS;
SETTING FORTH THE POWERS AND DUTIES OF THE POUND
MASTER; REPEALING ORDINANCES NOS.-_ 13. Co S., 170 C. S. ,
195 Co S. ; 588 C. S. -AND' ALL OTHER ORDINANCES ,IN
CONFLICT HEREWITH.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS:
Section 1 . DEFINITION OF TERMS. As used in this ordinance, unless
the context otherwise indicates, the following definitions shall apply:
(a) "Dog" shall be intended to mean .both male and female.
(b) "Owner" shall be intended to mean any person or persons,
firm association or corporation owning, keeping, having control, custody or
possession, or harboring a dog or other animal.,
(c) "At large" shall be intended to mean an animal off the
premise's of the owner and not under the control, -of the owner or a member of
his .immediate family or some other person with the permission of the owner,
either by leash, cord, chain or otherwise.
(d) "Rabies Control Act" shall mean and refer to Chapter 3 of
Division 3 of the Health and Safety Code of the State of California and all, statutes
amendatory thereof.
(e) "Poundmaster" shall be intended to mean the person appointed
by the City Manager as poundmaster or anyone acting under his supervision.
(f) "Impound " - shall be intended to mean the taking into possession
or control of any animal by the poundmaster, under the authority of this ordinances
(g) "Other animals" shall include cats, horses, colts, jacks, mules,
bulls, steers, cows, calves, chickens, turkeys,. ducks, geese; hogs, sheep, goats,
and all other domestic animals' and poultry.
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(h) "Person" shall include any person,, partnership, corporation
or association.
(i), "Premises as defined in this Ordinance,, shall be deemed
to include the' motor or other vehicle of the owner or of another, when such
other person has possession of the :animal with the owners permission and
wherein the animal shall be confined.
Section 2. LICENSE AND REGISTRATION OF DOGS REQUIRED. All
dogs kept, `harbored or maintained by their owners in the City.-of Petaluma
shall be licensed and registered if over six (6) months of age. Dog licenses
shall be issued by the Tax Collector and /or Chief of Police upon the payment of
an annual license tax of Two and no /100 Dollars ($2. 00) per annum. on each dog
so owned, possessed or controlled.. The owner shall state at the time
application is made for such license and upon printed forms provided for such
purpose his name and address and the name., breed, color and sex of each dog
owned or kept by him. The provisions of this section shall not be intended to
apply to dogs whose owners ' are non-residents temporarily within the City for
less than thirty.(30) days, nor to dogs brought into the City for the purpose of
participating in any dog show, nor to dogs properly trained to assist blind
persons when such dogs are actually being used by blind persons for the purpose
of aiding them in going from place to place, nor to dogs under one year of age
placed in private homes by a guide dog. organization for the purposes of
preliminary training as. guide dogs.
No .license or registration shall be required hereunder for any dog
heretofore licensed for the period ending December 31, 1957 Any license
issued after the effective date of this ordinance shall be for , the period from the
issuance thereof until December 31, 1957. Thereafter, all .licenses shall be
issued for the respective years commencing January 1, 19580
Section 3 . PENALTY FOR LATE REGISTRATION, 'In addition to the'
license and registration provided for in Section 2 hereof the Tax.Collector
and /or Chief of Police shall collect a delinquency fee of One and no %100 Dollars
($1. 00) for any license for more than thirty (30) days after the same
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should have been procured, as provided in said section.
Section 4 . DOG TAG AND COLLAR, Upon. the payment of the license
fee, the °Tax Collector and /or Chief of Police 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 year and shall bear stamped thereon the year for which
it was issued and the number corresponding with the number on the certificate,
Every owner shall be required to provide each dog with a collar, harness or
other device to which the license tag must be affixed, and shall see that
collar, harness or other device and tag are constantly worn, except while such
dog be confined to the premises of the owner. In case a dog tag is lost or
destroyed, a duplicate will be issued by the Tax Collector and /or Chief of
Police upon presentation of a receipt showing the payment of the license fee for
the current year, and the payment of a Fifty Cent (50¢) fee for such duplicate.
Dog tags shall not be transferable from one dog to another and no refunds shall
be made; on any dog license fee because of the death of the dog or the owner
leaving the City before the expiration of the license. Every dog not registered
or licensed, or not wearing a license tag herein provided for shall be subject
to be taken up by the poundmaster and impounded, subject to redemption or sale
as provided by this ordinance.
Section 5 . ANIMALS RUNNING AT LARGE PROHIBITED, No person
owning, possessing or having control, or harboring any dog or other animal
shall suffer or permit the same to run at large on any public street, alley,
lane, place or premises not owned by such persona
Section -6 . .KEEPING DOGS AND ANIMALS WHICH DISTURB THE PEACE
PROHIBITED AND DECLARING THE SAME A NUISANCE,
(a) The keeping or harboring of any dog, cat or other animal or fowl
whether licensed or not, which by habitual howling, yelping, barking or other
noise disturbs or annoys any considerable number of persons or neighborhood is
; unlawful, and, is hereby declared to be a public nuisance and each day shall
constitute a separate offense,
(3)
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(b) It shall be unlawful to suffer or permit any animal to trespass on
private or public property .so as to damage or destroy any property or'thing of
value and the, same is hereby declared to be a. public nuisance, Whenever-it
shall be affirmed in writing by three (3) or more persons -having separate
residences, or regularly employed in the neighborhood that any animal is an
habitual nuisance by reason of trespassing, howling, barking, or other noise,
or damage to property,; by its actions potentially vicious or in any other manner
causing undue , annoyance, - the poundmaster if he finds such nuisance to exist-,
may impound any- such animal,
Section 7 o POWERS OF POUNDMASTER.. The Poundmaster and all
Deputy Poundrnasters shall be vested with the power of police- officers of the
City of Petaluma,, including the power to make arrests and issue citations for
violations of this ordinance and the laws of the State. of California. relating to the
care, treatment and impounding of animals. They shall be authorized to enter
upon the premises upon which any animal is kept, for the purpose of - ascertain-
ing if a license has been secured, and for the purpose of seizing, or. impounding
any animal found running at large, or staked, or herded or grazing, contrary to
the provisions of this ordinance, or upon receiving a subscribed complaint
stating that there is reason to believe that any law of this City or the' State of
California relating to the humane care of treatment of animals -is being violated,
to enter upon such premises and to ascertain the accuracy of such complaint
and to impound the animal or take such other action as will remed the condition
if it be found to exist. The •Poundmaster and all Deputy Poundmasters shall also
be vested with all the powers provided- for. under the Rabies Control Act.
Section 8 o DUTIES OF POUNDMASTER. The Poundmaster shall have
the following duties, to wit:
(a) To take up impound and safely keep any dog or. other animal
found running 'at large, staked, tied or being herded or pastured in any street,
lane, alley, court, square, park or other place belonging to the City of Petaluma,
or upon the premises .of any person other than the owner of such dog. or other
animal
(4)
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(b) To take up immediately any animal which the poundmaster
has reason' believe is infected with rabies, whether the same has bitten any
person oi° not,,, and to take said 'animal to a veterinarian licensed under the
laws of' the State of California, for the purpose of examination and obtaining a
qualified opinion as to such infection with rabies. If such examination results
in a determination that the animal may be infected with rabies, to impound
said animal for the period recommended by such, examining veterinarian. In
the latter case the cost of such examination and impounding shall be borne by
the owner. In the event ,that a determination of no rabies is made; the cost
shall be borne by the City,
(c) To take up and impound any dog off the premises of his owner
and not having 'a license tag on his collar, harness or - other device as required
by this ordinance
(d) To make a complete. registry of impounded dogs and other
animals showing in detail in the case of each animal, the dates of receipt, the
breed, color and sex of such dog or other animal, and if licensed, the number
of such license and the name and address of the owner, the date and manner of
disposal,, the name and address of the person redeeming or purchasing, and the
fees and charges and proceeds of sales received on account thereof.
(e) To maintain and care for the public pound and furnish adequate
food and drink for all dogs and other animals impounded therein.
(f) To notify by mail the owner. of any animal or dog impounded
by him, stating that such animal or dog is confined at the City Pound, and
specify the amount necessary to reclaim or redeem the same, as provided in
this ordinance, and the period which such dog or animal will be held before
destroying or otherwise disposing of the same. Such notice shall be deposited
in the United States postoffice, or a mail box, in a sealed envelope, with postage
prepaid-, addressed to the owner of said animal, at his place of residence, if
known, but if not known,''then addressed to the owner 'at Petaluma, California.
If the name of the owner of such impounded. animal is not known, or after
reasonable investigation, cannot be ascertained, then the notice may be dispensed
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with, in which case such animal may be disposed of by the poundniaster after
the same has-been impounded for four (4) days, in -all cases where ,the owner
is not locally known or cannot be immediately ascertained, the County Humane
Society shall. be notified, and a description of said - animal furnished. to them.
No disposition shall be made to other than the owner until the lapse of four (4)
days following such notification,
(g) The Poundmaste.r shall be vested with* the powers and duties
of a. Deputy Tax Collector and shall have the power to collect license fees and
to issue certificates and tags prescribed herein.
(h) To sell, subject to the owners right of redemption, any
impounded dog or other animal after the fourth (4th) day of impoundment for a
minimum of Three and rio /100 Dollars �($3, 00) plus sales tax, or should'mdre
than one person wish to purchase the same dog -or animal the poundmaster shall
sell to that person offering to pay the highest amount..in_.cash, over..the. minimum,
) To destroy any dog which ha, . s- been impounded .for four (4)
days or more after mailing notice to such .owner, and: which _has..not._been claimed
and redeemed by"its owner or has not been given to some person who will
provide a suitable home for such dog,
(j).. To sell any other animal than a dog which has been ,impounded
for more than_ four (4) days, afir,'er mailing notice to such owner,. and, if unable
to find a purchaser, to destroy such animal
(1) . To collect and remit to the Tax Collector all fees received
for redemption.and reclaiming of dogs or other animals impounded by him,
and all proceeds received upon the sale of impounded animals,
Se.ction..9 REDEMPTION OF ANIMALS. The ;owner: of any impounded
animal shall have the right to reclaim.. the. same at any time prior to the lawful
disposition thereof upon .payment to the poundmaster of the costs, fees and
charges prow' ided for -in this ordinance.
Section _10 FEES FOR REDEMPTION OF ANIMALS, The poundmaster
shall charge, receive, and collect .the. followng.fines and charges: upon impounded
animals
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(a) The license fee, if unpaid.
(b) The sum of Two and no /100 Dollars, ($2o 00) as and for a
redemption fee.
(c) The sum of Ten and no/ 100• Dollars.'. ($10.00) for each
horse, colt, jack, mule, bull, steer, cow, calf, hog, sheep or goat.
(d) In addition to the above fees, penalties and charges, the
poundmaster shall. charge and, collect the following ' sum per day for feeding
and caring for impounded animals.
For each dog. . . . . . . .50¢
For each cat . . . . . . . . . , - 25¢
For each horse, colt, jack, mule, bull,
steer, cow, calf., hbg, sheep or
goat. . . , a . . . . $ 1.00
For each rabbit, bird:, fowl or
other animal not specified
above... . . . . . . . . . 0 25¢
Section 11 . REDEMPTION OF ANLMAL BY OWNER AFTER SALE. The
owner of any dog or other animal at the time the same is impounded may at
any time within _thirty (30) days after it has been sold redeem such dog or
animal. from such purchaser by paying him the amount of the purchase price
paid to the pou:ndmaster, and in addition thereto the charges for feeding and
caring for -such dog or animal according to the schedule set forth in Section 10
of this ordinance. _
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Section. 12 . COMPLIANCE WITH CALIFORNIA AGRICULTURE CODE
REQUIRED. Notwithstanding any provisions inthis ordinance to."ttie contrary,
the Agriculture Code of the State of California, Division 3, Chapter 8, shall be
complied with in reference to estray bovine animals, horses, mules or burros.
Section 13. PENALTIES. Any owner found violating any provision of this
ordinance . shall be guilty of a misdemeanor and upon conviction thereof shall be
punished. by a .fine of not more than Five Hundred Dollars ;($500. 00) for such offense.
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Section 14. REPEAL OF CONFLICTING ORDINANCES. Ordinances Nos,
13 C. S., 170 C. So, 195 C. S. and 588 C. S,, and all other ordinances or parts
of ordinances inconsistent and in conflict with, this ordinance are hereby repealed.
Section 15. SEPARABILITY OF PROVISIONS.'. It is the intention of the City
Council that each separate provision of this ordinance shall be ;deemed independent
of all other provisions herein, and it is further the intention of the City Council
that if any provision of this ordinance -be declared invalid all other provisions
thereof shall remain valid and enforciblo,
Ord&ked Posted this 1st day of April, 19570
AYES: Councilmen Adams, Bigelow,. Brown, Crinella, King 'and 'Mayor Schooning4,
NOES None.
ABSENT: Councilman, Gustafson
cam- ^ - � ���
INC8NT.-J.. SCHOE NGH
`MAY,6re'
Attest:
ity Cle'tk.
I ertify that the Within ordinance was Posted i
y in one public place
in the City of Petaluma, to.-wit: In the Cit fy Hall on the 2nd day- of April-, 1957,
I hereby. certify that the whole number' of member's of the Council ,of, the
City of Petaluma is seven, and, that the foregoing ordinan ce was passed by the
:
Council At its meeting of the 8th day of April, 1957, by. the following vote, to-'.Wit.:
AYES:, Councilmen Adams,, Bigelow, Brown, Crinella, Gustafson, King
Mayor Schoeningh,
NOES- None.
ABSENT Nom
Attest� w �� V
(SEAL) City' I(jr
Thejoregoing Ordinance'. Number 417 N. C. S., having been regula-rly
passed and' presented tome this 8th da of April, 1957 is hereby approved by
me this 8th day f A
y o - pril, 1957
EFFECTIVE DATE. -May 5, 1957
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