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HomeMy WebLinkAboutOrdinance #885 i ORDINANCE No. 885 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH PROVIDING FOR LICENSING OF ALL DOGS , PROHIBIT- ING DOGS FROM RUNNING AT LARGE WITHIN THE COR- PORATE LIMITS OF HUNTINGTON BEACH, AUTHORIZING THE IMPOUNDING OF DOGS, PROVIDING PENALTIES, SETTING FORTH THE POWERS AND DUTIES OF THE CHIEF ANIMAL CONTROL OFFICER AND DEPUTY ANIMAL CONTROL OFFICER , PROVIDING RULES AND REGULATIONS FOR CONTROL OF OTHER TYPES OF ANIMALS AND SETTING FORTH MISCELLANEOUS RULES AND REGULATIONS, AND REPEALING CHAPTERS 43 and 44 OF THE HUNT INGT ON BEACH ORDINANCE CODE. The City Council of the City of Huntington Beach does ordain as follows: Section 1. The title of Chapter 42 of the Huntington Beach Ordinance Code is hereby amended , and as amended, shall read in words and figures, as follows: CHAPTER 42 ANIMAL CONTROL Section 2. A new article is hereby added t;o Chapter 42 of the Huntington Beach Ordinance Code , said new article to read in words and figures, as follows: ARTICLE 420 GENERAL Section 3. A new section is hereby added to Article 420 of the Huntington Beach Ordinance Code , which new section shall c read in words and figures, as follows: Section 4201. This chapter shall be known as "The Animal Control Ordinance . " 1. Ord. No. 885 Section 4. The title of Article 421 of the Huntington Beach Ordinance Code is hereby amended, and as amended, shall read in words and figures, as follows: ARTICLE 421 DEFINITION'S Section 5. The following sections of Article 421 of the Huntington Beach Ordinance Code are hereby amended, and as amended, shall read in words and figures , as follows: Section 4211. Definition of Terms. For the purpose of this Chapter unless it is plainly evident from the context that a different meaning is intended, certain terms used here- in are defined as follows: (a) "Dog" shall include female as well as male dogs. (b) "Owner" shall mean any person, firm or corporation owning, having an interest in, or having control or custody or possession of any animal. (c) "At large" shall mean in or upon any public street , alley or other public place or in or upon any unenclosed lot or premises , unless such dog be securely confined by a strong leash securely and continuously held by the owner of such dog , or confined within an automobile . (d) "Dog Kennel" shall mean any lot , building , structure , enclosure or premises wherein five (5) or more canine animals over the age of four (4) months are kept or permitted to re- main. 2. 8 !' Ord. No. 885 (e) "Cat Kennell" shall mean any place where five (5) or more feline animals are kept or permitted to remain. (f) "Animal" shall include any beast , poultry, bird, reptile , fish or any other dumb animal. (g) "Horse" shall include mule, burro, pony, jack,hinny or jenny. (h) "Person" shall include any firm,partnership,corpora- tion, trust or association or persons. Section 6. That Section 4212 of Article 421 of the Hunt- ington Beach Ordinance Code is hereby repealed. Section 7. That .Article 422 is hereby added to the Hunt- ington Beach Ordinance Code , said Article to read in words and figures as follows: ARTICLE 422 DUTIES Section 8. That the following new sections are hereby added to the Huntington Beach Ordinance Code , said new sections to read in words and figures, as follows: -Section 4221. The offices of the Chief Animal Control Officer and Deputy Animal Control Officer are hereby establish- ed. Section 4221.1. The Chief of Police skull be the Chief Animal Control Officer and he shall receive such compensation in addition to and without regard to his salary as Chief of 3• d Ord. No. 885 Police , as shall be determined by ordinance or resolution adopted by the City Council. Section 4221.2. The Deputy Animal Control Officer may be either a person, firm, association, corporation, another municipality , or the County of Orange , and shall be determin- ed by the City Council. The Deputy Animal Control Officer shall serve for such period of time and shall receive such compensation as shall be established by ordinance , resolution or by contract executed by the City Council. The Deputy Ani- mal Control Officer is hereby authorized and directed to per- form, in conjunction with and under the supervision of the Chief Animal Control Officer, the powers and duties herein be- stowed upon and required to be performed by said Chief Animal Control Officer. Section 4221 .3. Police Powers. The Deputy Animal Con- trol Officer shall be vested with the necessary police powers and duties of a police officer for the exclusive purpose of en- forcing the provisions of this Chapter, and it shall be his duty to make arrests and issue citations for violations of any of the provisions of this Chapter. The Deputy Animal Control Officer shall enforce all of the laws of the City , County and State relating to the care , treatment and impounding of dumb animals and to the prevention of cruelty to dumb animals. The exercise of said police powers shall be under the direct super- vision of the Chief Animal Control Officer. 4. Ord. No. 885 Section 4221.4. License and Tax Powers. The Deputy Animal Control Officer shall be vested with the powers and duties of a Deputy License Inspector and shall have the power , as directed by the City Collector , to collect the license fees and to issue the animal licenses and tags prescribed herein. All sums so collected shall be paid over to the City Treasurer on or before the loth day of each month. Section 4221 . 5. City Pound Provided. There shall be provided by the City of Huntington Beach or by the Deputy Ani- mal Control Officer, upon such terms and conditions as shall be named in a contract executed by and between the Deputy Ani- mal Control Officer and the legislative body of the City of Huntington Beach, a suitable building or enclosure to keep and safely hold all animals herein enumerated which are subject to be impounded, which shall be known and designated as the "City Pound" . Section 4221. 51. Impounding. It shall be the duty of the Deputy Animal Control Officer to take up, impound and safe- ly keep any of the animals enumerated in this ordinance found running at large , staked, tied or being herded or pastured in any street , lane , alley, court, square , park or other place be- longing to or under the control of said city, or upon any pri- vate property in said city, contrary to the provisions of this chapter. Section 4221.52. Care of Animals. When any animal is so 5. P t Ord. No. 885 impounded, it shall be provided with proper and sufficient food and water by the Deputy Animal Control Officer for a per- iod of at least five (5) days. The Deputy Animal Control Of- ficer shall immediately notify the owner thereof, if known to him, by written notice or by phone . Section 4221. 53. Reclaiming; of Animals. The owner of any animal impounded shall have the right to reclaim the same at any time prior to the sale thereof upon payment to the Depu- ty Animal Control Officer of the costs and charges hereinafter provided in this ordinance for impounding and keeping said animals . Section 4221.6. Entering Upon Premises. The Animal Con- trol Officer or Deputy Animal Control Officer or any Police Officer of the City of Huntington Beach is authorized to enter upon any premises upon which any animal is kept , for the pur- post of taking up , seizing or impounding any animal found rnnning at large , or staked, herded or grazing thereon,contrary to the provisions of this ordinance or for the purpose of as- certaining whether such animal is registered as provided in this ordinance , or for the purpose of inspecting the premises to ascertain whether any law of the City or State relating to the care , treatment , or impounding of dumb animals or to the prevention of cruelty to dumb animals is being violated,provid- ed there is probable cause to believe there is a violation. 6. Ord. No. 885 Section 4221.61. Exhibition of License . No person shall fail or refuse to exhibit the registration of any animal re- quired to be licensed by this code when required to do so by said Deputy Animal Control Officer or any Police Officer. Section 4221.62. Duties. It is hereby made the duty of the Deputy Animal Control Officer to enforce any other sec- tions of this ordinance whether enumerated as a duty or not. Section 4221.63. Interference with Duty. No person shall rescue or attempt to rescue any animal mentioned herein from the possession of the Deputy Animal Control Officer nor interfere with the Chief Animal Control Officer, or his depu- ties , in the performance of their official duties. Section 4221.7. Fees for Impounding. The Deputy Animal Control Officer shall charge , receive and collect the following fees for services and impounding animals. (a) For picking up and impounding any dog. (1) For the first impounding --------------$2.00 (2) For the second impounding ------------- 2.50 (3) For each subsequent impounding -------- 3.00 (b) For picking up and impounding any cat---- 1.00 (c) For picking up and impounding a cow,bull , steer, horse , mule , burro, pony, jack, hinny, jenny or any other similar animal --------------------------------- $7.00 (d) For feeding and caring for animals, the following sums per day: I 7 Ord. No. 885 (1) For each dog ------------------------- .40 (2) For each cat ------------------------- . 25 (3) For horses , etc. --------------------- 1.00 (Above rates are subject to change by resolution of the City Council. ) Section 4221 . 71. Accounting of Sums Collected. The Deputy Animal Control Officer shall pay over to the City Treas- urer all sums collected by him pursuant to the terms of this chapter, on or before the loth day of each month. The Deputy Animal Control Officer shall make a monthly report to the City Council of the Deputy Animal Control Officer' s proceedings rel- ative to the powers and duties bestowed and imposed by this and other sections of the Huntington Beach Ordinance Code. Section 4221. 72. Special Fund. All sums received by the City of Huntington Beach pursuant to the terms of this chapter shall become and remain part of a special fund which is here- by created and which shall be known and designated as the "Animal License Fund." All sums remaining in said fund after the payment of all contract obligations payable therefrom shall on the 1st day of May and the lst day of November of each year be transferred to the General Fund. Section 4221.8. Destruction of Impounded Animals Unfit for Use by Reason of Age, Crippled or Diseased. It shall be the duty of the Deputy Animal Control Officer to issue and 8. ; Ord. No. 885 sign a death warrant for and to order the destruction of any animal lawfully taken into custody, which in the opinion of the Deputy Animal Control Officer is, by reason of old age , unfit for use , or which is infected with a dangerous or com- municable disease , or which is in an incurably crippled condit- ion, or which is adjudged by a written report of a licensed veterinary to be afflicted with any painful, incurable disease . Section 9. The following new Article is hereby added to the Huntington Beach Ordinance Code , to read in words and fig- ures , as follows : ARTICLE 423 DOGS Section 10. The following new sections are hereby added to the Huntington Beach Ordinance Code to read in words and figures, as follows : Section 4231. License and Registration Required. No per- son owning , having an interest in, or having control,custody or possession of any dog, shall fail, neglect or refuse to li- cense and register any dog if over four (4) months of age , in compliance with the terms of this chapter. Section 4231.1. Transfer. No dog license is transferable. Section 4231.2. Procurement of License Certificates. The City Clerk or the Chief Animal Control Officer of the City of 9 • Ord. No. 885 Huntington Beach are hereby authorized and directed to procure each year, prior to the first day of April, such number of li- cense certificates and tags as may be sufficient for use dur- ing the year , with the year plainly inscribed thereon. Said certificates and tags shall be effective until and including the 31st day of March of the year next ensuing and no longer. Section 4231. 3. Issuance of License Tags and Certificates. A metallic tag and license certificate with corresponding num- bers shall be furnished by the City Clerk or those appointed and vested with the powers and duties of Deputies City Clerk and Deputy Animal Control Officer under Article 422 hereof , to any person, firm or organization enumerated in subsection 4231 hereof upon payment of the appropriate fee prescribed in Sec- tion 4232. Section 4232. Fees Exceptions, Seeing Eye Dogs, War Dogs. (1) The annual license fee for each male and spayed female dog shall be three dollars ($3.00) . (2) The annual license fee for each unspayed female dog shall be four dollars ($4.00) . (3) One-half (1/2) the license tax shall be pay- able after October lst of each year. (4) No person having defective eyesight shall be re- quired to pay any license fee for any dog specially trained and principally used for the purpose of leading such person. 10. Ord . No. 885 (5) Free registration for War Dogs. No license fee shall be required for a dog of either sex which has been honorably discharged from the armed forces of the United States. (6) Non-Residents Tax. The provisions of this ordinance shall not apply to any dog owned by or in the care or charge of a non-resident of the city who is traveling through the city or temporarily adjourn- ing therein for a period not exceeding thirty (30) days, nor to any dog temporarily brought into the city for the exclusive purpose of being entered in a bench show or dog exhibition, provided such dog is so entered and not kept elsewhere in the city. Section 4233. Fees, Time Limit . Each owner or person having charge , care or control of a dog shall pay the required license fee within such time as designated in the following schedule : (1) Licenses shall be renewed and the fees due and pay- able April lst of each year. No penalty shall attach if said license fee shall be paid prior to May 1. In addition to the license fee thereafter collected upon the issuance of a renewal permit , there shall be charged a penalty. On each license paid from May 1st through July 31st the penalty shall be $1.00,; thereafter, the penalty shall be $1.50. 11 . i ,Ord. 885 i (2) License fees for original licenses shall be due and payable within thirty (30) days after any dog within the corporate limits of the City of Huntington Beach comes into the charge , care or control of any person within said City or when said dog attains the age as set forth in subsection (4) hereof. In addition to the license fee collected upon the issuance of such original license after said thirty (30) days period, there shall be charged a penalty. On each such li- cense paid from the thirty-first day through the period mentioned in' Paragraph (1) hereof, the penalty shall be $1.00; thereafter the penalty shall be $1.50. (3) The City Clerk and Chief Animal Control Officer shall keep a record of the name of such owner or person making payment of said license fee and to whom a certificate and tag shall have been issued, and the number and date of such certificate . Such metal tag issued shall be securely fixed to a collar, harness or other device to be worn at all times by the dog for whom the registration is issued, except while such dog remains indoors or in an enclosed yard or pen. (4) Age Limit . This section shall not be construed to require the payment of a license fee or the securing 12. Ord. No. 885 of a certificate or tag for any dog which is less than four (4) months of age . Section 4233.1. Tag Must be Shown. No person shall fail or refuse to show to the Deputy Animal Control Officer or any Police Officer of said City, the license and the tag for any duly registered dog kept or remaining within any home or upon any enclosed premises under his immediate . control. Section 4233.2. Removal of Registration Tags. No unauthor- ized person shall remove from any dog any collar , harness , or other device to which is attached a registration tag for the current year, or to remove such tag therefrom. Section 4233. 1. Counterfeiting Tags. No person shall imi- tate or counterfeit the tags in this ordinance provided for, or shall use any imitation or counterfeit of such tag. Section 4234. Running at Large Prohibited. No person owning, having an interest in, harboring , or having charge , care , control, custody or possession of any dog shall cause or permit such dog to be in or upon any public street , alley, or other public place or in or upon any unenclosed lot or premises , unless such dog is securely confined by a strong leash of not exceeding six (6) feet , securely and continuously held by a competent person owning, having an interest in,har- boring or having charge, care , control, custody or possession of such dog, or unless such dog be confined within an aut`6mo- bile . 13. Ord. No. 885 Section 4234.1. Impounding and Quarantine . It shall be the duty of the Deputy Animal Control Officer and of any police officer of said city, to take up all dogs found in violation of Section 4234 hereof . t,1hen such dog is taken up by a police officer, it shall be delivered by him to the Deputy Animal Control Officer . All such dogs shall be impound- ed in the City Pound. Section 4234.2. Persons Authorized to Capture Dogs.The Chief Animal Control Officer , Deputy or Poundkeeper taking up any stray animal or any such animal which is running at large contrary to the provisions of this ordinance shall with- in six hours thereafter give notice to the Chief Animal Con- trol Officer or to the Police Department of : (1) The fact that he has such animal in his possession. (2) The complete description of such animal. (3) The license number of such animal , if any, and by what county or municipal corporation issued. If such animal has no license , such person shall so state . (4) The place where such animal is confined and shall thereafter surrender said animal to the Chief Animal Control Officer or Deputy upon request . Section 4234.4. Rabies: Vaccination. Every person keeping, harboring or having a dog over the age of four (4) months in the City of Huntington Beach, California , shall 14 Ord. No. 885 cause such dog to be vaccinated with a type of rabies vaccine approved by the City Health Officer within a period of thirty (30) days from the date such dog was harbored , kept or had within said City, or within thirty (30) days from the date the said dog attains the age of four (4) months; pro- vided however, that the aforesaid provision shall no.t apply so as to require the vaccination of any dog which has been vaccinated with an approved vaccine by a pe.rson .licensed by the State of California , or any other state or nation, to practice veterinary medicine where such vaccination has been completed within the period of time as hereinafter prescribed in this section. If chick embryo vaccine was used in such vaccination it must have been completed within two (2) years or if the tissue-type vaccine was used , it must have been completed within one year prior to the date such dog was first kept , harbored or brought into the City of Huntington Beach. Section 4234. 5. Rabies. Revaccination. Every person keeping, harboring or having in the City of Huntington Beach a dog which has been vaccinated with chick embryo vaccine shall cause such dog to be vaccinated within a period of not more than two years, or which has been vaccinated with a tissue-type vaccine shall cause the dog to be vaccinated with- in a period of not more than one year. Section 4234.6. Rabies: Certificate. Every person 15 . Ord. No.885 keeping , harboring or having in the City of Huntington Beach any dog required by this ordinance to be vaccinated shall at all times while such dog is thus kept , harbored or had, have in his possession a certificate issued by a person licensed by the State of California or any other state or nation to practice veterinary medicine , which certificate shall specify that such dog has been vaccinated in accordance with the provisions of Sections 4234.4 and 4234. 5. Section 4234.7. Rabies: Licensing Requirements.Every person applying for a dog 1z)cense must exhibit a certificate issued by a person licensed by the State of California to practice veterinary medicine , which certificate shall show that the dog for which the license shall be issued , either (1) has been vaccinated in accordance with the provisions of Section 4234.4 and 4234. 5 hereof , or (2) should not be so vaccinated by reason of age , infirmity or other disability. Such exemption shall be valid for a period not to exceed one year. A license for any dog shall not be issued unless and until either such certificate is exhibited. Section 4234.8. License : Evidence . At the time a dog license of the City of Huntington Beach is issued, it shall be stamped with the date of vaccination and the type of vaccine used as shown on said certificate , or there shall be a vacci- nation tag containing such information issued by the veterinar- ian at the time of such vaccination. 16. Ord . No. 885 Section 4234.9. Health Officer to Have Dogs Examined for Rabies. Officers or persons capturing dogs under the provisions of Sections 4234.1 and 4234.2 hereof shall sepa- rately confine such dogs captured by them in some safe place , and shall report the capture to the Health Officer or his deputies and shall submit such dog to the examination of the Health Officer, or his deputies, and it shall be the duty of the Health Officer, when called upon, to examine or have examined such dog, and to ascertain whether or not such dog is infected with rabies. Dogs captured under said Sections shall not be killed , but shall be kept in confinement until the Health Officer or his deputies shall find that further observation of the animal is not necessary for the determina- tion of the presence of rabies , or absence of rabies. Section 4235. Unlawful for Any Person to Fail to Notify Health Officer , his deputies or. Chief Animal Control Officer qr' his deputies Regarding Rabid Dog . It shall be unlawful for any person having knowledge of the whereabouts of an an- imal known to have or suspected of having rabies or has shown symptoms of rabies to fail, refuse or neglect to immediately notify the Health Officer or his deputies or the Chief Animal Control Officer or his deputies , or to fail, refuse or neglect to allow the Health Officer or his deputies to make an in- spection or examination of such animal until it shall be es- tablished to the satisfaction of said official that such ani- animal has or has not rabies. The Health Officer or his depu- i 17. Ord. No. 885 ties shall likewise be notified of any person bitten by an animal of a species subject to rabies , vrhether or not the animal is suspected of having rabies. Section 4235.1. Dogs and Other Animals to be quarantined for Fourteen (14) Days. Whenever it is shown that any dog or other animal has bitten any person, no owner or person having the custody or possession thereof, upon order of the Deputy Animal Control Officer, any Police Officer, or the Health Officer, shall fail, refuse or neglect to quarantine such ani- mal and keep it securely confined on a chain or in a closed cage or paddock for a period of fourteen (14) days, or shall fail, refuse , or neglect to allow the Deputy Animal Control Officer, any Police Officer , or the Health Officer, or his deputies , to make an inspection or examination thereof at any time during said period. No such dog or animal shall be re- moved without written permission of the Deputy Animal Control Officer , any Police Officer , or the Health Officer, or his deputies , to make an inspection or examination thereof at any time during said period. No such dog or animal shall be re- moved uu thout written permission of the Deputy Animal Control Officer, any Police Officer or the Health Officer, or his depu- ties. Section '235. 5. Unlawful to Move Dog after Preserice 'of Rabies in Huntington Beach. For the period during and for six months after the presence of rabies in the city, it shall be 18. Ord. No. 885 unlawful for any person to take any dog or permit any dog to go from the City of Huntington Beach to any city or county in which rabies does not exist , or has not been known to ex- ist within the preceding six (6) months ' period , without per- mission of the Health Officer. Section 4235.6. Unlawful to bring any Dog into Hunting- ton Beach From Rabies Area. No person shall bring any dog into the city, from any place in which rabies shall be present or shall have been known to be present within the preceding six (6) months ' period, without permission of the Health Officer. Section 423 Knowledge of Bite : Duty to Report. Whenever any person having charge , care , control, custody or possession of any dog has knowledge that such dog has bitten any person, the person having charge , care , control, custody or possession of such dog shall report said fact in writing forthwith to the Chief Animal Control Officer, his deputy, or a Police Officer. The report shall state the name and address of the person bitten and the time and place such per- son was bitten. Section 4236. Notice and Redemption of Impounded Dog. When any dog is impounded , the Deputy Animal Control Officer shall immediately notify the owner thereof, if known to him, by written notice or telephone . 19. Ord No. 885 Section 4236.1. Fee for Recovery of Dog. Feeding. Sub- ject to the other provisions of this title , any person may make application to the Deputy Animal Control Officer for the return of any dog, and upon presentation of proof satis- factory to the said Deputy Animal Control Officer, that such person is the owner or is rightfully entitled to the possess- ion of such dog, may recover such dog upon the payment of the required fee. The fee for recovery shall be as stated. in Section 4221.7 hereof, plus any 1_icense fee then due and pay- able. Section 4236.2. Minimum Period of Impoundment : Sale . All dogs impounded at the City Pound shall be provided with proper and sufficient . food and water by the Deputy Animal Control Officer for a period of at least five ( 5) days . Unless such dog or dogs shall have been •rerd�eemed within five (5) days after being impounded,, in the manner and upon the con- ditions imposed by Section 4236.1 hereof , they may be sold by the Deputy Animal Control Officer to the person offering to pay the highest cash amount therefor, provided that the pur- chaser shall not be given possession of any such dog or dogs until he shall have paid to the Chief Animal Control Officer the license fee and charges prescribed for such dog or dogs. If any dog, impounded by the Animal Control Officer, shall not have been redeemed within said five-day period , and cannot be sold within a reasonable time thereafter, .t may be disposed 20. Ord. No. 885 of by the Deputy Animal Control Officer in some humane way. (See County Ordinance Sec. 11 , paragraph (e) . The Deputy Animal Control Officer shall file at the City Found a full description of each dog impounded therein, for a period of at least five (5) days beginning on the day any such dog is taken or delivered into the possession of the Deputy Animal Control Officer. Section 4237. Dog Kennels. (a) No person shall keep or maintain or suffer or per- mit to be kept or maintained upon any premises owned or con- trolled by him or it , any dog, male or female , kept mainly for breeding purposes, within three hundred (300) feet of any dwelling house other than that of the owner or person in control of such dog. (b) In any portion of the City of Huntington Beach, no person shall establish, keep or maintain, or suffer or per- mit' to be established, kept or maintained, upon premises own- ed or controlled by him or it , in the City of Huntington Beach any dog kennel, any portion of which is situated within one thousand (1,000) feet of any dwelling house other than the dwelling house of the owner or person in control of such kennel. Section 11. That Article 424 is hereby added to the Huntington Beach Ordinance Code, to read in words and figures, as follows: 21. Ord. No. 885 ARTICLE 424 OTHER ANIMAL'S Section 12. The following new sections are hereby added to the Huntington Beach Ordinance Code , to read in words and figures , as follows: Section 4241. Running at Large Prohibited. No person owning or having control of any ox , steer, bull , cow, horse , colt, jack, mule , calf, sheep , goat , or any animal commonly referred to as a "wild specie" shall: (a) permit such animal to run at large in the City of Huntington Beach. (b) Cause or permit any such animal to be pastured,herd- ed, staked or tied in any street , lane , alley , park or other public place , or (c) tie , stake or pasture or permit the tying, staking or pasturing of any such animal upon any private property within the limits of the City of Huntington Beach, without the consent of the owner or occupant of such property, or in such a way as to permit any such animal to trespass upon any street or public place or upon any such private property, or (d) permit any of said animals to be or remain during the night time secured by a stake , or secured in any manner other than by enclosing such animal in a pen, corral or barn sufficient and adequate to restrain such animal, or by secure- ly fastening such animal by means of a rope , or chain of suf- ficient size , strength and weight to effectively restrain such animal , or 22. Ord. No. 885 (e) fail to provide the necessary sustenance , drink, shelter or protection from the weather, or otherwise. Section 4242. Fowls and Rabbits Not to Run at Large . It is hereby declared to be a nuisance and no person shall suffer or permit any chickens , geese , ducks , turkeys , pheas- ants , doves , pigeons, squabs or similar fowls or rabbits, owned or controlled by him or it , to run or fly at large or go upon the premises of any other person in the City of Huntington Beach. Section 4242.1. To Be Kept Fifty ( 50) Feet From Street Line or Any Dwelling. It is hereby declared to be a nuisance and no person shall keep chickens , geese , ducks , turkeys, pheasants, doves , pigeons , squabs or similar fowls or rabbits, owned or controlled by him or it within fifty (50) feet of any street line or within twenty (20) feet of any property line , or within one hundred (100) feet of any dwelling house or structure used as a dwelling, church, school, hospital or place where food products are kept, stored , manufactured or served to the public , unless such house or structure be occu- pied by him or it , or to keep any rooster over four months old within the city limits of the City of Huntington Beach. Section 4242.2. More than Ten (10) Fowls or 'Rabbits Prohibited. It is hereby declared to be a nuisance and no person shall keep on any premises more than ten(10) in all of 23. Order No. 885 chickens, geese , ducks, turkeys , pheasants , doves , pigeons, squabs, or similar fowls or rabbits. Section 4242. . Artificial Treatment. No person shall dye , color, or otherwise artificially treat any rabbit, baby chick, duckling or other fowl. Section 4242.4. Sale oAf ' No person shall display, sell, offer for sale, barter or give away any rabbit , baby chick, duckling or other fowl. under the age of four (4) weeks , in quantities of less than six (6) . Section 4242. 5. Business Displa,Y. Nothing in this or- dinance shall prohibit the display or sale of any natural rabbit , chick, duckling or other fowl by any dealer,hatchery or store engaged in the business of selling the same to be raised for food purposes whenever such dealer, hatchery or store has the proper facilities for the display and care of such animals or fowls. Section 4243. Miscellaneous Animals. Monkeys. No per- son owning or having control of any monkey, ape , chimpanzee, or other animal of the monkey type , shall permit , . allow or suffer such animal to run at large within the City of Hunt- ington Beach or permit, allow or suffer such animal to be or go upon any street or public place within the City of Hunt- ington Beach without having such animal securely fastened by an adequate chain or rope , firmly held by or attached to a competent person. 24. Ord. No. 885 Such animal shall be deemed and considered as running at: large , within the meaning of the expression as herein used, . when not confined within an enclosure,, or when not securely tied or chained. Section 4241.4. Horses. (1) It is hereby declared to be a nuisance and no per- son shall stable or corral any,horrse` or`Lhorses within fifty (50) feet of any street line. ' Y r (2) It is hereby declared 'to be a nuisance and no per- son shall stable or corral any horse or mule within fifty (50) feet of any dwelling house other than that occupied by him or it , or to stable more than two (2) horses or mules within one hundred (100) feet of any dwelling house other than that occupied by him:;or' itw., . { (3) No person, firm or corporation shall keep or stable any burro or burros, or donkey or donkeys, within one hundred (100) feet of any dwelling house other than that occupied by him or it. Section 4243. 5. Goats. (1) It is hereby declared to be a nuisance and no per- son shall keep or maintain any goat within fifty ( 50) feet of any dwelling house other than that occupied by him or it , or more than two (2) goats within one hundred (100) feet of any dwelling house other than that occupied by him or it , or more than four (4) goats within three hundred (300) feet of any w xL 25. Ord. No.885 dwelling house other than that occupied by him or it, or more than five (5) goats within one thousand (1,000) feet of any dwelling house other than that occupied by him or it . (2) No person shall keep or maintain any male goat ex- ceeding the age of six (6) months within the limits of the City of Huntington Beach. Section 4243.6. Bees. No person shall keep or maintain, or suffer or permit to be kept or maintained, upon premises owned or controlled by him or it in the City of Huntington Beach, any hive of bees within two hundred (200) feet of any dwelling house other than the dwelling house of the owner or Person in control of such bees. This Section shall not apply to the keeping of bees within an educational institution for study or observation, or within a physician' s office or labor- atory for medical research, treatment , or other scientific purposes , provided they are not permitted to fly at large . Section 4243.7. Hogs. It is hereby declared a nuisance and no person shall keep or maintain any hog or hogs within the City of Huntington Beach. Section 4244. Cat Kennels. (a) CATS FOR BREEDING PURPOSES. No person shall keep or maintain or suffer or permit to be kept or maintained upon any premises owned or controlled by him or it , any cat , male or female , kept mainly for breeding purposes , within three 26. Ord. No. 885 hundred (300) feet of any dwelling house other than that of the owner or person in control of such cat. (b) CAT KENNELS . No person shall establish, keep or maintain or suffer to permit to be established , kept or maintained , upon premises owned or controlled by him or it , in the City of Huntington Beach any cat kennel , any portion of which is situated within one thousand (1,000) feet of any dwelling house other than the dwelling house of the owner or person in control of such kennel. Section 4243. 5. Cattle . It is hereby declared to be a nuisance and no person shall keep or maintain in the City of Huntington Beach cows or cattle at or upon premises owned, occupied or controlled by him within three hundred (300) feet of any dwelling house other than occupied by him; or to keep or maintain any cattle within three hundred (300) feet of any school or hospital, or within one hundred (100) feet of any street line . Section 13. article 425 is hereby added to the Hunting- ton Beach Ordinance Code , to read in words and figures , as follows: ARTICLE 425 MISCELLANEOUS RULES Section 14. The following new sections are hereby added to the Huntington Beach Ordinance Code , to read in words and figures , as follows: 27 Ord.. No. 885 Section 4251 . Cleanliness of Premises Where Animals are Kept . Every person. owning or occupying premises where any animal , fowl or bird is kept shall keep the stable , barn, stall , pen coop, building or place in which said animal is kept in a clean and sanitary condition. Section 4251.1. Keeping of Certain Animals Closer than Fifty (50) Feet to Inhabited Structures , Schools and Hospitals Etc. No person shall keep any animal, fowl or bird , wild or domestic , other than dogs , cats , canaries , or birds of the psittacinae family, within fifty (50) feet of any inhabited structure , school or hospital; provided, however, that when any person keeps more than four (4) birds of the psittacinae family, he shall keep such birds at least thirty-five (35) feet from any of said structures. Section 42,52. Veterinaries: Notices of Death of Animals Every person owning or operating any veterinary hospital or other establishment for the treatment of animals, shall give written notice to the owner of any such animal left in such hospital or institution for treatment , of the death of such animal, provided the name and address of the owner has been filed in the office of the veterinary hospital or other institution. Section 42 2.1. Retention of Dead Animals. Every per- son owning or operating any veterinary hospital or other 28. Ord. No. 885 establishment for the treatment of animals shall hold any animal which dies therein for a period of twelve (12) hours after written notification of the death of such animal has been sent to the owner thereof. Section 4253. Noisy Animals. It is hereby declared to be a nuisance, and no person shall keep , maintain or permit upon any lot or parcel of land within the City of Huntington Beach under his control, any animal or animals , including any fowl or fowls , which by any sound or cry, shall disturb the peace and comfort of any neighborhood , or interfere with any person in the reasonable and comfortable enjoyment of life or property. Section 4251.1. Carcass of Animal . It is hereby de- clared to be a nuisance and no person shall cause , suffer or permit the carcass of any animal to remain upon any lot , premises or place owned , controlled or occupied by him or it for a period of more than twenty-four (24) hours , or to bury the carcass of any animal upon any premises owned, con- trolled or occupied by him or it in the City of Huntington Beach. Section 4254.1. Manure Bins and Removal of Manure . Every person owning or occupying premises where manure from any horse , pony, mule , cow, p:7geon, fowl, rabbit or other animal accumulates shall provide for the removal of such 29. Ord. No. 885 manure daily. Unless all manure accumulated on any premises be removed daily, boxes , bins or receptacles of a design and construction acceptable to the Health Officer shall be provided by the owner or occupant of such premises, and such boxes, bins or receptacles shall be used only for the pur- pose of containing the accumulation of manure , which shall be placed therein or removed therefrom, and in no instance shall manure be so placed in such boxes or receptacles in such a manner as to prevent the tight closing of the lid; provided, however , that nothing contained herein shall apply to manure which is spread as fertilizer over or around cul- tivated plants , vines, vegetables , lawns , bushes or trees , or to manure kept by any nursery for commercial fertilizer purposes , unless such manure creates a nuisance either from fly breeding or excessive obnoxious odors. Said boxes, bins or receptacles shall be constructed of brick, stone , concrete metal or wood lined with metal or other sound material, and shall be proof against access to the contents thereof by flies. The contents of said boxes, bins or receptacles shall be removed once a week. Section 4254.2. Health Officer of Chief Animal Control Officer May Order Premises and Manure Bins Cleaned and Dis- infected. No person who is ordered by the Health Officer or Chief Animal Control Officer to clean or disinfect any stable , barn, corral , stall , pen, coop , building , or place in which any horse , pony, mule , cow, fowl, bird or other animal is 30• Ord. No. 885 .1 kept , or who is ordered by such officer to clean or dis- infect any box, bin or receptacle used for the accumulation of manure shall fail, neglect or refuse to clean and disin- fect such stable , barn, corral, stall , pen, coop , building , place , box , bin or receptacle . Section 4255. Transporting Animals on Motor Vehicles. No person shall transport any animal on the running board of any motor vehicle or outside the passenger compartment , tonneau or body thereof, unless such animal is protected by a framework or other device which will prevent such ani- mal from falling off , jumping or_ being thrown from such motor vehicle whether in motion or not . Section 4256. Registration Fee a Debt . The amount of any registration fee imposed by this chapter shall be deemed a debt to the City and any person keeping any animal with- out having obtained a registration certificate so to do from the City shall be liable to an action in the name of the City in any court of competent jurisdiction for the amount of the registration fees and penalties imposed and required by this ordinance to be paid for the privilege of keeping such animal and it shall be the duty of the Chief Animal Control Officer to cause a complaint to be filed against any person violating any of the provisions of this chapter , and the City Clerk shall cause an action to be brought against any person failing to pay any registration �l. Ord . No.895 fee or penalty required by the provisions of this ordinance for the recovery of the same. Such action shall be cumula- tive and shall not be deemed a bar to , or a waiver of, the right of the City to prosecute any person for a violation of this article or any other applicable provision of this chap- ter. Section 4257. Keeping Diseased Animals Prohibited: Exception. No person shall keep any animal which is known or believed by him to be infected with any dangerous or communicable disease , or which is afflicted with any pain- ful disease believed by him to be incurable , without a per- mit to do so from the Health Officer of the City. Section 4257 .1. Rabies. Whenever it is suspected that any animal shall have contracted rabies , or shall have been bitten by another animal having , or suspected of having, rabies , all rules and regulations under Chapter 42 of the Huntington Beach Ordinance Code shall apply where applicable substituting the word "animal" for dog. Section 4258. Dogs in Stores or Conveyances. No per- son shall bring any dog, cat or other live animal, or permit any dog, cat or other live animal to be brought into or to remain in any room or place , other than a private home where food is not handled for commercial purposes, in which meat, fish, game , poultry, fruit , vegetables, bakery goods or any 32. Ord . No. 885 other food or food product is or are stored, kept , held, prepared, exposed or offered for sale , or sold for human consumption; or permit any dog , cat or other live animal to ride upon or get into or upon any wagon, or other vehicle in which any such articles offered or to be offered for sale for human consumption is being kept or transported; provided, however, that the provisions of this section shall not apply to a dog trained to guide the blind. Section 4258 .1. Traps Prohibited. No person shall set or use any spring steel trap , No. 1 or larger , in the City of Huntington Beach (this section shall not prohibit the use of gopher traps) . Section 4259.1 . Penalties. Any person, firm or corpo- ration violating any of the provisions of this ordinance shall be deemed guilty of a misdeme.anor, and upon conviction thereof shall be punishable by a fine of not more than five hundred dollars ($500.00) or by imprisonment in the City or County Jail for a period of not more than six (6) months,or by both such fine and imprisonment . Each such person shall be deemed guilty of a separate offense for every day during any portion of which any violation of any provision of this ordinance is committed , continued or permitted by such per- son, firm or corporation, and shall be punishable therefor as provided by this ordinance. 33• Ord. No. 885 Section 4259.2. Whenever any reference is made to any portion of this chapter such reference applies to all amend- ments and additions thereto now or hereafter made. The pres- ent tense includes the past and future tenses and the future , the present . Section 4259 .E Whenever a power is granted to, or a duty imposed upon, the Chief Animal Control Officer and other public officers, the power may be exercised or the duty may be performed by a deputy of the officer or by a person authorized , pursuant to law, by the officer , unless this chapter expressly provides otherwise . Section 15. If any section, paragraph or provision of this ordinance be declared invalid for any reason, the City Council hereby declares that it would have passed all other portions of this ordinance independent of any portion that may be declared invalid. Section 16 . That Chapters 43 and 44 of the Huntington Beach Ordinance Code and all sections of said chapters be and they are hereby repealed. Section 17. The City Clerk shall certify to the passage and adoption of this ordinance and shall cause the same to be published by one insertion in the Huntington Beach News, I �4. Ord. No. 885 a weekly newspaper printed , published and circulated in the City of Huntington Beach, California, and thirty days after the adoption thereof, the same shall take effect and be in force . PASSED .AND ADOPTED by the City Council of the City of Huntington Beach, California, this 2nd day of January 1962 . AIa or ATTEST: City C i �K Ord. No. 885 STATE OF CALIFORNIA } ss COUNTY OF ORANGE I , FAUL C . JONES, the duly elected, qualified and acting City Clerk of the City of Huntington Beach and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is five ; that the foregoing ordi- nance was read to said City Council at a regular meeting thereof held on the 18th day of December , 1961, and was again read to said City Council at a regular meeting thereof held on the 2nd day of January , 1962 ,and was passed and adopted by the affirmagive vote of more than a majority of all the members of said City Council. AYES: Councilmen: Wells, Lambert, Stewart, Waite, Gisler NOES: Councilmen: None ABSENT: Councilmen: None City Clerk and e oificio Clerk of the City Council of the City of Huntington Beach, California 36.