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HomeMy WebLinkAboutOrdinance #1279 ORDINANCE NO. 1279 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REPEALING ALL ARTICLES AND SECTIONS OF CHAPTER 42 OF THE HUNTINGTON BEACH ORDINANCE CODE RE- LATING TO ANIMAL CONTROL, AND ADDING ARTICLES AND SECTIONS THERETO The City Council of the City of Huntington Beach does ordain as follows : Section 1. That all articles and sections of Chapter 42 of the Huntington Beach Ordinance Code are here- by repealed . Section 2. That all the following articles and sections of Chapter 42 of the Huntington Beach Ordinance Code are hereby added and as added shall read in words and figures as follows : CHAPTER 42 ANIMAL CONTROL ARTICLE 421. GENERAL 422. ANIMAL CONTROL OFFICERS 423 . DOGS 424. OTHER ANIMALS 425 . WILD OR VICIOUS ANIMALS AND REPTILES 426 . MISCELLANEOUS RULES ARTICLE 421 GENERAL S . 4211 Definition of Terms . For the purpose of this Chap- ter unless it is plainly evident from the context that a different meaning is intended, certain terms used herein are defined as follows : S . 4211. 1 Dog shall include female as well as male dogs . S . 4211.2 Owner shall mean any person, firm or corporation owning, having an interest in, or having control or custody or possession of .any animal. - 1 - Ord. No. 1279 S . 4211.3 At Large shall mean an animal off the premises of its owner unless such animal be securely confined by a strong leash securely and continuously held by the owner of such animal, or confined within an automobile . S . 4211.4 Dog Kennel shall mean any lot, building, struc- ture, enclosure or premises wherein three (3) or more canine animals over the age of four (4) months are kept or permitted to remain. S . 4211. 5 Cat Kennel shall mean any place where three (3) or more feline animals are kept or permitted to remain. S . 4211.6 Animal shall include any beast, poultry, bird, reptile, fish or any other dumb animal. S. 4211.7 Horse shall include mule, burro, pony, jack, hinny or jenny. S . 4211.8 Person shall include any firm, partnership, corporation, trust or association or person. ARTICLE 422 ANIMAL CONTROL OFFICERS AND DUTIES S . 4221 The offices of the Chief Animal Control Officer and Deputy Animal Control Officer are hereby established. S . 4221. 1 The Chief of Police shall be the Chief Animal Control Officer. S . 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 deter- mined by the City Council. The Deputy Animal Control Offic- er shall serve for such period of time and shall receive - such compensation as shall be established by ordinance, re- solution or by contract executed by the City Council. The Deputy Animal Control Officer is hereby authorized and directed to perform, in conjunction with and under the supervision of the Chief Animal Control Officer, the powers and duties herein bestowed upon and required to be per- formed by said Chief Animal Control Officer . S . 4221.3 . Police Powers . The Deputy Animal Control Offi- cer shall be vested with the necessary police powers and duties of a police officer for the exclusive purpose of enforcing the provisions of this Chapter, and it shall be his duty to make arrests and issue citations for - 2 - Ord. No. 1279 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, treat- ment 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 supervision of the Chief Animal Control Officer. S . 4221.4. License and Tax Powers . The Deputy Animal Con- trol 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 Finance Director on or before the 10th day of each month. S . 4221. 5 . Duties .- It is hereby made the duty of the De- puty Animal Control Officer to enforce any other sections of this ordinance whether enumerated as a duty or not . S . 4221.6. Interference with Duty. No person shall rescue or attempt to rescue any animal mentioned here- in from the possession of the Deputy Animal Control Officer nor interfere with the Chief Animal Control Officer, or his deputies, in the performance of their official duties . S . 4221.7 . Entering Upon Premises . The Animal Control 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 ani- mal is kept, for the purpose of taking up, seizing or im= pounding any -animal found running at large, or staked, herded. or grazing thereon, contrary to the provisions of this ordinance or for the purpose of ascertaining 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 preven- tion of cruelty to dumb animals is being violated, provided there is probable cause to believe there is a violation. S . 4222 Exhibition of License. No person shall fail or refuse to exhibit the registration of any animal required to be licensed. by this code when required to do so by said Deputy Animal Control Officer or any Police Officer. S . 4223 City Pound Provided.. There shall be provided by the City of Huntington Beach or by the Deputy Animal Control Officer, upon such terms and conditions as shall be named in a contract executed. by and between the Deputy Animal Control Officer and the legislative body of the - 3 - Ord. No. 1279 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. " S . 4224 Impounding. It shall be the duty of the De- puty Animal Control Officer to take up';. impound and safely keep any of the animals enumerated in this ordi- nance found running at large, staked, tied or being herded or pastured in any street, lane, alley, court, square, park or other place belonging to or under the control of said city, or upon any private property in said city, contrary to the provisions of this chapter. S . 4224.1 Care of Animals . When any animal is so im- pounded, it shall be provided with proper and. sufficient food and water by the Deputy Animal Control Officer for a period of at least five days . The Deputy Animal Control Officer shall immediately notify the owner thereof, if known to him, by written notice or by phone . S . 4224. 2 Reclaiming of Animals . The owner of any ani- mal impounded shall have the right to reclaim the same at any time prior to the sale thereof upon pay- ment to the Deputy Animal Control Officer of the costs and charges hereinafter provided in this ordinance for impounding and keeping said animals . S . 4225 Fees for Impounding . The Deputy Animal Con- trol 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: 1. For each dog -----------------------------$ 1. 50 2. For each cat ----------------------------- . 50 3. For horses, etc . ------------------------- 3 .00 (Above rates are subject to change by resolution of the City Council) - 4 - Ord. No. 1279 S . 4225 .1 Accounting of Sums Collected . , The Deputy Animal Control Officer shall pay over to the Finance Director 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 relative to the powers and duties bestowed and imposed by this and other sections of the Huntington Beach Ordinance Code. S. 4225 . 2 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 hereby created and which shall be known and desig- nated as the "Animal License Fund. " All sums remaining in said fund after the payment of all contract obligations payable therefrom shall on the lst day of May and the lst day of November of each year be transferred to the General Fund. S . 4226 Destruction of Impounded Animals Unfit for Use by Age, Crippled or Diseased. It shall be the duty of the Deputy Animal Control Officer to issue and 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 communicable disease, or which is in an incurably crippled condition, or which is adjudged by a written report of a , licensed veterinary to be afflicted with any painful, incur- able disease . ARTICLE 423 DOGS S . 4231 License and Registration Required. No person own- ing, having an interest in, or having control, custody or possession of any dog, shall fail,' neglect or refuse to license and. register any dog if over four (4) months of age, in compliance with the terms of this chapter. S . 4231. 1 Transfer. No dog license is transferable. S . 4231. 2 Procurement of License Certificates . The City Clerk or the Chief Animal Control Officer of the City of Huntington Beach are hereby authorized and dir- ected to procure each year, prior to the first day of April, such number of license certificates and tags as may be sufficient for use during the year, with the year plainly inscribed thereon. Said certificates and Cages shall be effective until and. including the 31st day of March of the year next ensuing and no longer . 5 - Ord. No. 1279 5 . ' 4231.3 Issuance of License Tags and. Certificates . A metallic tag and license certificate with corresponding numbers shall be furnished by the Deputy Animal Control Officer or one of his authorized agents, to any person, firm or organization enumerated in subsection 4231 hereof upon payment of the appropriate fee prescribed in Section 4232. S . 4232. , 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 : (A) Licenses shall be renewed and the fees due and payable 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 ls-t through July 31st the penalty shall be $1. 00; there- after, the penalty shall be $1. 50. (B) 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 the said City or when said dog attains the age as set forth in subsection (D) 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 lic- ense paid from the thirty-first day through the period mentioned in Paragraph (A) hereof, the penalty shall be $1.00; thereafter the penalty shall be $1.50. (C) The Deputy 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. (D) Age Limit. This section shall not be construed to re- quire the payment of a license fee or the securing of a certificate or tag for any dog which is less than four (4) months of age . S . 4232. 1 Fees, Exceptions, Seeing Eye Dogs, War Dogs . (A) The annual license fee for all dogs shall be four dollars ($4.00) . - 6 - I Ord. No. 1279 (B) No person having defective eyesight shall be required to pay any license fee for any dog specially trained and principally used for the purpose of leading such person. (C) 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 . (D) Non-Residents Tax. The provisions of this ordinance shall not apply to any dog owned by or in the care of a non-resident of the City who is traveling through the City or temporarily sojourning therein for a per- iod 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. S . 4233 Tag Must Be Shown. No person shall fail or re- fuse 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 con- trol. S . 4233. 1 Removal of Registration Tags . No unauthorized 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. S . 4233 . 2 Counterfeiting Tags . No person shall imitate or counterfeit the tags in this ordinance provided. for, or shall use any imitation or counterfeit of such tag . S . 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 off the premises of its owner, unless such dog is securely confined, by a strong leash of not exceeding six (6) feet, securely and continu- ously held by a competent person owning, having an interest in, harboring or having charge, care, control, custody or possession of such dog, or unless such dog be confined with- in an automobile . S . 4235 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. When 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 im- pounded in the City Pound. - 7 - Ord. No. 1279 S . 4235. 1 Persons Authorized to Capture Dogs . The Chief Animal Control Officer, Deputy of Poundkeeper taking up any stray animal or any such animal which is runn- ing at large contrary to the provisions of this ordinance shall within six hours thereafter give notice to the Chief Animal Control Officer or to the Police Department of: (A) The fact that he has such animal in his possession. (B) The complete description of such animal . (C) The license number of such animal, if any, and by what countyc.or municipal corporation issued.. If such animal has no license, such person shall so state . (D) The place where such animal is confined and shall thereafter surrender said animal to the Chief Animal Control Officer or Deputy upon request. S . 4236 Rabies : Vaccination. Every person keeping, har- boring or having a dog over the age of four (4) months in the City of Huntington Beach, California, shall cause such dog to be vaccinated with a type of rabies vacc- ine 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; provided., however, that the aforesaid provision shall not apply so as to require the vaccination of any dog which has been vaccinated with an approved vaccine by a person licensed by tl�e State of California, or any other state or nation, to practice veterinary medicine where such vaccina- tion has been completed within the period of time as herein- after 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. S . 4236. 1 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 vac- cinated with a tissue-type vaccine shall cause the dog to be vaccinated within a period of not more than one year. S . 4236. 2 Rabies : Certificate . Every person 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 - 8 - Ord. No. 1279 state or nation to practice veterinary medicine, which certi- ficate shall specify that such dog has been vaccinated in accordance with the provisions of Sections 4236 and 4236. 1. S . 4236. 3 Rabies : Licensing Requirements . Every person applying for a dog license must exhibit a certi- ficate 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 provi- sions of Section 4236 and 4236 .1 hereof, or (2) should not be so vaccinated by reason of age, infirmity or other dis- ability. 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. S. 4236.4 License: Evidence . At the time a dog license 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 vaccination tag containing such information issued by the veterinarian at the time of such vaccination. S . 4236 . 5 Health Officer to Have Dogs Examined for Rabies . Officers or persons capturing dogs under the pro- visions of Section 4235 and 4235 .1 hereof shall separately confine such dogs captured by them in some safe place, and shall report the capture to the Health Officer or his de- puties 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 . S . 4237 . Unlawful for Any Person to Fail to Notify Health Officer, his Deputies or Chief Animal Control Officer or his Deputies Regarding Rabid Dog. It shall be unlawful for any person having knowledge of the whereabouts of an animal known to have on suspected of having rabies or has shown sylnptoms 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 deput- ies to make an inspection or examination of such animal until it shall be established to the satisfaction of said official that such animal has or has not rabies . The Health Officer or his deputies shall likewise be notified of any person bitten by an animal of a species subject to rabies, whether or not the animal is suspected of having rabies . - 9 - i Ord. No. 1279 S . 4237 .1 Dogs ,and .Other, Animals to be Quarantined. , for Fourteen 1 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 animal and keep it securely confined on a chain or in a closed cage or paddock for a -period of four- teen (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 removed without written per- mission 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 removed without written permission of the Deputy Animal Control Officer, any Police Officer or the Health Officer, or his deputies . S . 4237 .2. Unlawful to..-Move -Dog, after Presence of Rabi es in Huntington Beach. For the period during and for six months after the presence of rabies in the City, it shall be 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 exist within the preceding six (6) months period, without permission of the Health Officer. S . 4237.3 Unlawful. to. :b.r.in an Do into Huntington -Bea 3 g y g g ch From RabiesArea - No person shall bring any dog into the city from any place in which rabies shall be pre- sent or shall have been known to be present within the preceding six (6) months period, without permission of the Health Officer. S . 4237.4 Knowledge of Bite: Duty to Report. Whenever any person having charge, care, control, sutody 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 person was bitten. S . 4237 . 5 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 . S . 4237.6 Fee for Recovery of Dog, Feeding. Subject to the other provisions of this title, any person may make application to the Deputy Animal Control Officer 10 - Ord. No. 1279 for the return of any dog, and upon presentation of proof satisfactory to the said Deputy Animal Control Officer, that such person is the owner or is rightfully entitled to the possession of such dog, may recover such dog upon the payment of the required. fee . The fee for recovery shall be as stated in Section 4225 hereof, plus any license fee then due and payable . S . 4238 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 redeemed within five (5) days after being impounded, in the manner and upon the conditions imposed by Section 4237.6 hereof, they may be sold by the Deputy Animal Control Officer to the person offering to pay the highest cash amount there- for, provided that the purchaser shall not be given posses- sion of any such dog or dogs until he shall have paid to the Chief Animal Control Officer, or deputy, 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, it may be disposed 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 Pound 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. S . 4239 Dog Kennels . S . 4239. 1 No person shall keep or maintain or suffer or permit to be kept or maintained upon any pre- mises owned or controlled 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. S . 4239.2 In any portion of the City of Huntington Beach, no person shall establish, keep or maintain, or suffer or permit to be established, kept or maintained, upon premises owned 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. Ord. No. 1279 ARTICLE 424 'OTHER ANIMALS S . 4241 Running at Large Prohibited,. No person owning or having control or any ox, steer, bull, cow, horse, colt, jack, mule, calf, sheep, goat, cat 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, herded, staked or tied in any street, lane, alley, park or other public place. (C) Tie, stake, 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 re- strain such animal, or by securely fastening such animal by means of a rope, or chain of su _ E'ieaent size, strength and weight to effectively restrain such animal, or (E) Fail to provide the necessary sustenance, drink, shelter or protection from the weather, or otherwise . S . 4242 Fowls and Rabbits Not to Run at Large. It is hereby declared to be a nuisance and no per- son shall suffer or permit any chickens, geese, ducks, turkeys, pheasants, 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. S . 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 r 12 - Ord. No. 1279 kept, stored, manufactured or served to the public, unless such house or structure be occupied by him or it, or to keep any rooster over four months old within the city limits of the City of Huntington Beach. S . 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 chickens, geese, ducks, turkeys, pheasants, doves, pig- eons, squabs, or similar fowls or rabbits . S . 4242.3 Artificial Treatment . No person shall dye, color, or otherwise artifically treat any rab- bit, baby chick, duckling or other fowl. S . 4242.4 Sale of Young. No person shall display, sell, offer for sale, barter to give away any rabbit, baby chick, duckling or other fowl, under the age of four (4) weeks, in quantities of less than six (6) . S . 4242. 5 Business Display. Nothing in this ordinance shall prohibit the display or sale of any nat- ural 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 and. fowls . S . 4243 . Miscellaneous Animals . Monkeys . No person owning or having control of any monkey, ape, chimpanzee, or other animal of the monkey type, shall per mit, allow or suffer such animal to run at large within the City of Huntington Beach or permit, allow or suffer such animal to be or go upon any street or public place within the City of Huntington Beach without having such animal securely fastened by an adequate chain or rope, firmly held by or attached to a competent person. 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. S . 4243 . 1 Horses . (A) It is hereby declared to be a nuisance and no person shall stable or corral any horse or horses within fifty (50) feet of any street line . (B) It is hereby declared to be a nuisance and no person 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 13 - Ord. No. :I279 dwelling house other than that occupied by him or it . (C) 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 . S . 4243.2. Goats . (A) It . is hereby declared to be a nuisance and no person 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 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. (B) No person shall keep or maintain any male goat exceed- ing the age of six (6) months within the limits of the City of Huntington Beach. S . 4243 .3 . 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 education- al institution for study or observation, or within a physician' s office or laboratory for medical research, treatment, or other scientific purposes, provided they are not permitted to fly at large. S . 4243.4 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 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 . S . 4243.5 Hogs . It is hereby declared a nuisance and no person shall keep or maintain any hog or hogs within the City of Huntington Beach. S . 4243 .6 Cat Kennels . (A) Cats for Breeding Purposes . No person shall keep or 14 - Ord. No. 1279 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 pur- poses, within three 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 main- tain 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. ARTICLE 425 WILD OR VICIOUS ANIMALS AND REPTILES S . 4250 Allowing Wild or Vicious Animals to Run at Large Prohibited. No person owning or having charge, custody, control or possession of any animal known by such person to be vicious or dangerous, or commonly so known, shall permit or allow the same to run at large upon any highway, street, lane, alley, court, or other public place, or upon any private property, or on or within the premises of such person in such manner as to endanger the life or limb of any person lawfully entering such premises . S . 4251 Permit .Required for. Keeping Wild or Vicious Animals or Reptiles S . 4251.1 Except as hereinafter provided, no person shall have, keep, maintain or have in his possession or under his control, within the City of Huntington Beach, any elephant, bear, hippopotamus, rhinoceros, lion, tiger, leopard, wolf, monkey, ape or chimpanzee, or any other animal which is not naturally tame or gentle, but is of a wild nature or disposition and including birds of prey, or any poisonous reptile or serpent or any other dangerous or carniverous wild animal or reptile, or any vicious or dangerous domesticated animal, or any other animal or rep- tile of wild or vicious or dangerous propensities, without first applying to and receiving a permit, from the City Administrator or his authorized representative to do so . S . 4251. 2 Any person dissatisfied with the ruling of the City Administrator may, within ten (10) days thereafter, appeal from said decision to the City Council; such appeal shall be a simple statement in writing setting forth in common terms the basis of said appeal. 15 - Ord. No. 1279 An appeal fee of Ten Dollars ($10.00) shall be required for each appeal to the City Council. No appeal shall be placed on the agenda of any meeting of the City Council until such fee has been paid. S . 4251. 3 No permit shall be granted except with such conditions attached as shall, in the opinion of the person or agency approving such permit, reasonably insure the public health, safety and general welfare, and no permit shall be granted in any event for any animal, reptile or serpent at any particular location except upon an explicit finding by the person or agency approving such permit that the issuance thereof will not be contrary to the public health, safety and general welfare. S . 4251.4 The City Administrator may, following applica- tion for a permit and pending final disposition of the same, grant a temporary permit for the maintenance within the City of Huntington Beach of any such animal, reptile or serpent upon such conditions as he shall, in his sole discretion, require, when, in his opinion, there is no reasonable doubt as to the consistency thereof with the public health, safety and general welfare, but no animal, reptile or serpent shall be otherwise kept or main- tained. within the City of Huntington Beach or permitted to occupy any premises within the City of Huntington Beach, except while such a regular or temporary permit is in full force and effect. S . 4252 Application for Permit . An application for any permit required pursuant to this ordinance shall be made to the City Administrator in writing and upon a form furnished. by the City Administrator if so required. Said application shall be verified by the person who desires to have, keep, maintain or have in his possession, or under his control, in the City of Huntington Beach, the animal, reptile or serpent for which a permit required, and shall set forth the following: (A) Name, address and telephone number of the applicant; (B) The applicant ' s interest in such animal, reptile or serpent; (C) The proposed location, and the name, address and telephone number of the owner of such location, and of the lessee, if any; (D) The number and general description of all animals, reptiles and serpents for which the permit is sought . (E) Any information known to the applicant concerning vicious or dangerous propensities of all such animals, reptiles and serpents. (F) The housing arrangements for all such animals, reptiles and serpents, with particular details as to safety or structure, locks, fencing, etc. ; (G) Safety precautions proposed to be taken; - 16 - Ord. No. 1279 (H) Noises or odors anticipated in the keeping of such animals, reptiles and serpents; (I) Prior history or incidents involving the public health or safety involving any of said animals, reptiles and serpents; (J) Any additional information required by the City Admini- strator at the time of filing such application or thereafter. S . 4253 Review of Application for Permit. Copies of any application for permit under this ordinance shall be sent by the City Administrator to the law enforcement agency, Health Department, Planning Department, and. to any other department or agency from which information is sought, and no permit shall be granted without receipt of a report from the departments or agencies to which copies of the application have been sent, unless waived by the City Administrator for good cause. S . 4254 Special Permit for Transportation of Animals Through City. The permit requirements of this ordinance shall not apply to any person so keeping or main- taining or having in his possession or control any animal, snake or reptile defined in Section 4251, when such person is transporting such animal, - reptile or snake through the City of Huntington Beach, has taken adequate safeguards to protect the public, and has notified the local law enforcement agency of the proposed route of transportation and time thereof. S . 4255 Permit Fee. No permit shall be granted unless there is paid to the City of Huntington Beach at the time of filing of the application therefor a permit fee in the amount of Five Dollars ($5.00) for each animal, reptile or snake for which a permit is sought, not to ex- ceed a total of Fifteen Dollars ($15:00) . Accretions by natural birth shall not require additional permits during the period of the permit. S . 4256 Commercial Establishments . Commercial estab- lishments possessing such animals, reptiles, or snakes for the purpose of sale or display may replace the same with others of the same kind, but the number of each shall not be in excess of the number thereof allowed by the terms of such permit . Such .establishments may, in the discretion of the approving agency, be granted a permit for those such numbers of each kind of animal, reptile and snake as do not exceed the maximum such establishment esti- mates will be maintained by it in the City of Huntington Beach at any one time during the period of the permit. Such permit shall require the immediate notification of the City Administrator upon the acquisition of any animal, reptile or serpent having a _prior history of any incident involving the public health or safety, or resulting in any - 17 Ord. No. 1279 bodily injury or property damage. S . 4257 Term and Renewal of Permits . No permit required by is ordinance shall be granted for a period in excess of one year. An application for renewal of. any per- mit shall be made not less than forty-five (45) -days prior to the expiration thereof, and shall be accompanied by the same fee as required upon making the original application, excepting that the City Administrator may, at his discre- tion, approve the renewal of any permit for an additional- period not exceeding one year., without the making of an additional application or the payment of an additional fee, when, in his opinion, the public health, safety and general welfare do not require further investigation prior to such renewal. S . 4258 Revocation of Permits . The City Administrator may, for good cause, revoke any permit or modify any terms or provisions thereof, after informal public hearing, and may, in the event it is reasonably necessary. to protect against an immediate threat or danger to the public health or safety, suspend any permit or portion thereof without hearing, for a period not to exceed thirty (30) days . S . 4258. 1 Any person aggreived by such action may, upon payment of an appeal fee of Ten Dollars ($10.00) have such action reviewed. by the City Council, but the filing of an appeal shall not stay any order of suspension. S . 4259 The provision of this article shall not apply to animals which are kept confined in any public zoo, museum or circus, carnival, exhibition or show. ARTICLE 426 MISCELLANEOUS RULES S . 42bl 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. S . 4261. 1 Keeping of Certain Animals Closer than Fifty - 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, birds of the psittacinae family, within fifty (50) feet of any inhabited. structure, school or hospital; provided, how- ever, 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 . 18 - Ord. No. 1279 S . 4262 Veterinaries . Notice 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. S . 4262.1 Retention of Dead Animals . Every person owning or operating any veterinary hospital or other 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. S . 4262. 2 Carcass of Animal. It is hereby declared 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, controlled or occupied by him or it in the City of Hunting- ton Beach. S . 4263 Manure Bins and Removal of Manure. Every per- son owning or occupying premises where manure from any horse, pony, mule, cow, pigeon, fowl, rabbit or other animal accumulates shall provide for the removal of such 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 purpose 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 clos- ing of the lid; provided, however, that nothing contained herein shall apply to manure which is spread as fertilizer over or around cultivated, 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 construc- ted 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. S . 4263.1. Health Officer or Chief Animal Control Officer May Order Premises and Manure Bins Cleaned and Disinfected. No person who is ordered by the Health Offi- cer or Chief Animal Control Officer to clean or disinfect 19 - Ord. No. 1279 any stable, barn, corral, stall, pen, coop, building, or place in which any horse, pony, mule, cow, fowl, bird or other animal is kept, or who is ordered by such officer to clean or disinfect any box, bin or receptacle used for the accumulation of manure shall fail, neglect or refuse to clean and disinfect such stable, barn, corral, stall, pen, coop, building place, box, bin or receptacle . S . 4264 Dogs in Stores or Conveyances . No person 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 other food. or food product is 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. S . 4264. 1 Transporting Animals on Motor Vehicles . No per- son shall transport any animal on the running board of any motor vehicle or outside the passenger compart- ment, tonneau or body thereof, unless such animal is pro- tected by a framework or other device which will prevent such animal from falling off, jumping or being thrown from such motor vehicle whether in motion or not. S . 4265 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 without 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 fee or penalty required by the provisions of this ordinance for the recover of the same . Such action shall be cumulat- ive 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 chapter. S . 4266 Keeping Diseased Animals Prohibited: Exception. No person shall keep any animal which is known - 20 - Ord. No. 1279 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 permit to do so from the Health Officer of the City. S . 4266 .1. Ra bies . 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. S . 4267 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 foiTls, 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. S . 4268 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) . S . 4269 Penalties . Any person, firm or corporation violating any of the provisions of this ordi- nance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than Five Hundred Dollars ($500.00) or by imprison- ment 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 vio- lation of any provision of this ordinance is committed, continued or permitted by such person, firm or corporation; and shall be punishable therefor as provided by this ordinance. S . 4269.1 Whenever any reference is made to any portion of this chapter such reference applies to all amendments and additions thereto now or hereafter made . The present tense includes the past and future tenses and the future, the present. S . 4269.2 Whenever a power is granted to, or a duty im- posed 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. - 21 - Ord. No. 1279 Section 3 . 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, a weekly newspaper, printed, published and circulated in the City of Huntington Beach, California and thirty (30) days after the adoption thereof, the same shall take effect and be in force. PASSED AND ADOPTED by this City Council of the City of Huntington Beach, California, on the Z6:th day of January , 19 67 Mayor f ATTEST: City Clerk APPROVED AS~ 0 FORM: \ K. D E BUSH �Ci Attorney 22 - Ord. No . STATE OF CALIFORNIA COUNTY OF ORANGE ss : CITY OF HUNTINGTON BEACH I , PAUL C . JONES , the dully elected, qualified, and acting City Clerk of the City of Huntington Beach and ex- officio Clerk of the City Council of the said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 3rd day of January , 19fi7 and was again read to said City Council at a regular meeting thereof held on thel6th day of January 1967 , and was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council . AYES : Councilmen: Shipley Coen, Bartlett , Gisler , Kaufman Green, Stewart NOES : Councilmen None ABSENT : Councilmen: None. y City Clerk gad ex-officio Clerk of the City Council of the City of Huntington Beach, California f. PAUI_ C. JONES, CITY CLERK of the City of Hunuriptnn E^a;:h and ex-officio Clerk of the City Council, do her by certify that this ordinance has been .pubiishsd in the Huntington i3aach News on In acc nce v✓itil the Cit Charter of said City. City Clerk Deputy City Clerk