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HomeMy WebLinkAboutOrdinance #7 Proposed by M. E. Helme, Trustee. ORDINANCE NO. 7 "AN ORDINANCE ESTABLISHING A PUBLIC POUND IMPOSING AN ANNUAL TAX ON DOGS IN THE CITY OF HUNTINGTON BEACH, PROVIDING FOR THE IMPOUNDING OF ESTRAY ANIMALS, AND DEFINING THE DUTIES OF THE POUND KEEPER." The Board of Trustees of the city of Huntington Beach do ordain as follows: — Sec. 1.: — An annual license tax of one dollar and twenty five cents is hereby imposed upon each male dog, and of four dollars upon each female dog kept, owned, or harbored within the city of Huntington Beach; said license tax being for the period of time between April 1st of each year to March 3 1"of the following year, and payable on April 1st Sec. 2: — A Public Pound is hereby established in the city of Huntington Beach, and the same shall be located at a convenient place within the corporate limits of this city. Sec. 3: — The Board of Trustees of the city of Huntington Beach shall appoint a Pound Master, who shall hold office during the pleasure of the Board of Trustees, and who may appoint deputies subject to the approval of the Board of Trustees. Sec. 4: — The Pound Master shall provide himself with suitable brass license tags, at his own expense, a portion of them being marked"male' and a portion of them being marked "female" and each bearing the words "Huntington Beach Dog Tax," with the year or years for which it is issued; the said tags to be numbered consecutively. Sec. 5: — The Pound Master shall furnish and issue these tags to applicants, upon payment by them of the license tax set forth in section one of this ordinance. He shall retain 250 for each such tag issued, as his fee for so doing, and shall pay the remainder of the money over to the city treasurer, taking his receipt, therefor, and the treasurer shall keep the said money in the Pound Fund. Sec. 6: — It shall be unlawful to keep, own or harbor, within the city of Huntington Beach, any dog which shall have attained the age of six weeks, unless the owner so harboring, owning or keeping the same shall have paid the annual license tax, and unless the owner shall keep upon the neck of such dog a collar of some durable substance, to which the license tag described in section #4 of this Ordinance is attached. Nothing in this ordinance shall be construed to authorize any person to keep or harbor a vicious dog in the city of Huntington Beach. Every such vicious dog, unless he be safely muzzled, and every other dog over the age of six weeks, upon which no license tax has been paid, and which does not bear or carry a tag as set forth in this section, is hereby declared to be a nuisance. Every person who owns, keeps or harbors any such unmuzzled vicious dog or dogs, or any such dog upon which no license tax has ORD.007 1 been paid and tag attached as aforesaid, is guilty of a misdemeanor, and in convection thereof, shall be punished by a fine of not less than five dollars, nor more than twenty five dollars. Sec. 7: — It shall be the duty of the Pound Master to notify the owner or reported owner, keeper or reported keeper, or harborer or reported harborer, if known, of any vicious dog or dogs, or dog upon which no license tax has been paid and which bears no tag as set forth in sections 5 and six of this ordinance, that if such vicious dog is not muzzled, or such unlicensed or untagged dog does not have the licensed tax set forth in section one of this Ordinance paid, and the tag as set forth in section 6 of this ordinance attached as there in provided, within forty eight hours, the said dog will be destroyed by him the said PoundMaster. Sec. 8: — It shall then be the duty of the Pound Master to immediately post notices in three public places in the city of Huntington Beach, containing the following. (a) A description of the dog or dogs subject to destruction as a fore said, giving sex, size, color and breed if known (b) The name of the owner, keeper, harborer or reported owner, keeper, or harborer of said dog if known; and if not known he shall so state. (c) The reason or delinquency for which said dog is being posted, and is subject to be destroyed. (d) A notice that unless such vicious dog is muzzled or such license tax is paid and tag attached, as set forth in section 6 of this Ordinance, within 48 hours, the pound master will at the expiration of that time destroy the said dogs. Sec. : 9: The Pound Master shall at the expiration of 48 hours destroy and bury all such dogs so posted, except such of the vicious dogs as shall have been muzzled, and such of the dogs upon which no license tax had been paid and tag attached as shall have since the said posting had the said license tax paid for them and had the said tag attached to them, as set forth in section 6 of this Ordinance. Sec. 10: — The Pound Master shall receive for burying each and every dog the sum of 50 cents, to be paid to him by the city out of the Pound Fund. Sec. 11: — All animals found running at large upon any public street, sidewalk, alley, square, or public ground within the city of Huntington Beach, except dogs which have had his license tax paid and tag attached as provided in section 6 of this Ordinance, or all animals as a foresaid which shall be staked or fastened so that they can in any manner reach or go upon any such public street, sidewalk, alley, square or public ground for the purpose of grazing, or otherwise, except the owner thereof be using the said public street, alley, sidewalk, square or public ground solely in its proper uses as a public highway, are hereby declared to be a nuisance, and subject to impounding and sale as hereinafter provided. ORD.007 2 Sec. 12: — The Pound Master shall take up and receive into the pound all animals at large or staked or fastened contrary to the intent and purposes of the ordinance as set forth in section 11 hereof and shall hold the same subject to redemption or sale as herein after provided. S. Sec. 13: — The Pound Master shall keep a true and correct record of the number and descriptions of all animals taken into this custody, with the date of impounding, and the date and manner of disposal; and shall keep conspicuously posted at the entrance to the pound a list of all animals detained therein. He shall provide the necessary subsistence for all animals while the same are in his custody. Sec. 14: — If such animals are not redeemed within 48 hours the PoundMaster may proceed to sell the said animals at public auction for cash to the highest bidder, in the following manner: — He shall give four days written notice, posted in three public places in the city of Huntington Beach, of the time and place of sale, description of the animal to be sold, time and place of impounding, and name of owner or reported owner if known, and if the same be not known, he shall so state. At the appointed time he shall sell the animals so advertised, in the manner and at the place advertised, and after deducting there from his costs he shall pay the remainder to the treasurer of the city, who shall place the same in the Pound Fund, and the same shall be held for the period of six months subject to claim by the owner of the animal so sold. The costs so reserved as aforesaid shall be the following: One dollar for the impounding of the animal; 50 cents per day for keeping and feeding the same; 75 cents for advertising the sale. Sec. 15: — If however, the owner applies to redeem the said animal, at any time before the sale thereof, he may do so upon paying to the Pound Master any and all of the following costs accrude to the time of such redemption: One dollar for impounding 50 cents a day for keeping and feeding the animal, and 75 cents the costs of advertising the sale. Sec. 16: — No person shall resist or obstruct the Pound Master in the discharge of his duties. Any person so doing is guilty of a misdemeanor and in conviction thereof shall be punished by a fine of not less than $5.00 nor more than $100.00 Sec 17: — The Pound Master shall bury all dead animals found in the city of Huntington Beach whose owners are unknown, and shall receive for the burying of each animal weighing over fifty pounds the sum of$2.50, to be paid to him by the city out of the Pound Fund. Sec. 18: — The Pound Master shall make written reports before the first regular meeting of each month to the Board of Trustees, giving a true and faithful account of all licenses paid, tags issued, dogs destroyed, animals impounded, the disposition thereof, and monies received and handled therefor and in connecting therewith. Sec. 19: — The Clerk of the city of Huntington Beach shall certify to the passage of this ordinance and cause the same to be published once in the Huntington Beach News and thereupon and thereafter it shall take effect and be in force. ORD.007 3 M D Rosenberger Ed Manning City Clerk and ex-officio President Board of Trustees. Clerk Board of Trustees I M. D. Rosenberger, city clerk and ex-officio clerk of the Board of Trustees of the city of Huntington Beach, do hereby certify that the foregoing ordinance was passed at a regular meeting of the Board of Trustees of the City of Huntington Beach, held on the 8"'day of March 1909, by the following vote: — Ayes C. H. Howard, M.E. Helme, D. O. Stewart, C. W. Warner, Ed. Manning. Noes. None. M. D. Rosenberger City Clerk. I, M. D. Rosenberger, city clerk and ex-officio clerk of the Board of Trustees of the city of Huntington Beach, hereby certify that the forgoing ordinance is a true and correct copy of an ordinance of the city of Huntington Beach numbered#7. and entitled"An Ordinance Establishing a public Pound, Imposing an Annual Tax on Dogs in the city of Huntington Beach, Providing for the Impounding of Estray Animals, and Defining the Duties of the PoundKeeper," and that the same has been published in the Huntington Beach News, a newspaper published and printed in the city of Huntington Beach according to law. Date published March 12 1909 M. D. Rosenberger City Clerk ORD.007 4 phis Ordinance was reproduced from a handwritten original in its exact form to maintain its historicaCtntegrtty. This typewritten format allows for keyword searching. the handwritten originaCs can be vie wed in the City Clerks office on request.