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HomeMy WebLinkAboutOrdinance #1815 ORDINANCE NO. 1815 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY REPEALING SECTIONS 4221. 1, 4225. 2 , 4239 . 1, AND 4239 . 2, AND AMENDING CERTAIN SECTIONS PER- TAINING TO ANIMAL CONTROL The City Council of the City of Huntington Beach does ordain as follows : SECTION 1. Sections 4221 . 1, 4225 .2, 4239 . 1, and 4239. 2 of the Huntington Beach Ordinance Code are hereby repealed. SECTION 2 . The Huntington Beach Ordinance Code is hereby amended by amending Sections 4221, 4221. 2 , 4221 . 3, 4221 . 4, 4221. 5, 4221. 6, 4221. 7, 4223, 4224, 4224 . 1, 4224. 2 , 4225, 4225 . 1, 4226, 4231, 4231 . 2, 4231. 3, 4232, 4233, 4233 . 2 , 4235, 4235 . 15 4236, 4237 . 1, 4237. 5, 4237 . 6, 4238 and 4239 to read as follows : 4221. The office of the Chief Animal Control Officer is hereby established. 4221. 2 . The Chief Animal Control Officer may be either a person, firm, association, corporation, another municipality, or the County of Orange, as determined by the City Council. The Chief 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 Chief Animal Control Officer is hereby authorized and directed to perform, in conjunction with and under the supervision of the City Adminis- trator, the powers and duties herein bestowed upon and required to be performed by said Chief Animal Control Officer. 4221.3 . POLICE POWERS . The Chief Animal Control Officer shall be vested with the necessary police powers and duties of a police officer for the exclusive purpose of enforcing the pro- visions 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 Chief Animal Control Officer shall enforce 1. be all of the laws of the city, county and state relating to the care, treatment and impounding of dumb animals and to the pre- vention of cruelty to dumb animals . The exercise of said police powers shall be under the direct supervision of the City Ad- ministrator. 4221 . 4 . LICENSE AND TAX POWERS . The Chief Animal Control Officer shall be vested with the powers and duties of a license inspector and shall have the power to collect the license fees and to issue the animal licenses and tags prescribed herein. 4221. 5 . DUTIES . It is hereby made the duty of the Chief Animal Control Officer to enforce any other sections of this chapter whether enumerated as a duty or not. 4221 . 6 . INTERFERENCE WITH DUTY . No person shall rescue or attempt to rescue any animal mentioned herein from the possession of the Chief Animal Control Officer nor interfere with the Chief Animal Control Officer or his deputies , in the performance of their official duties . 4221. 7 . ENTERING UPON PREMISES . The Chief 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 animal is kept, for the purpose of taking up, seizing or impounding any animal found running at large, or staked, herded or grazing thereon, contrary to the provisions of this chapter or for the purpose of ascertaining whether such animal is licensed as provided in this chapter, or for the purpose of in- specting 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, provided there is probable cause to believe there is a violation. 4223 . CITY POUND PROVIDED. There shall be provided by the City of Huntington Beach or by the Chief Animal Control Officer, upon such terms and conditions as shall be named in a contract executed by and between the Chief Animal 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. " 4224 . IMPOUNDING. It shall be the duty of the Chief Animal Control Officer to take up, impound and safely keep any of the animals enumerated in this chapter 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. 4224 . 1. CARE OF ANIMALS . When any animal is so impounded, 2. it shall be provided with proper and sufficient food and water by the Chief Animal Control Officer for a period of at least five days . The Chief Animal Control Officer shall immediately notify the owner thereof, if known to him, by written notice or by phone. 4224 . 2. RECLAIMING OF ANIMALS . The owner of any animal im- pounded shall have the right to reclaim the same at any time prior to the sale thereof upon payment to the Chief Animal Control Officer of the costs and charges hereinafter provided in this chapter for impounding and keeping said animals . 4225. FEES FOR IMPOUNDING. The Chief Animal Control Officer shall charge, receive and collect the following fees for services and impounding animals : (a) For picking up and impounding: Any dog: first impound - $5; second impound - $7 . 50; third impound and each impound thereafter - $10 . Any cat : $4 . Any large animal : $20 . Any medium-sized animal : $8 . (b ) For delivering impounded animals to their owners : $4 . (c) For daily care and feeding: Large animals (horses, cows and animals of similar size) : $3. Medium size animals (goats, sheep, pigs and animals of similar size) : $2. 50 . Dogs, cats and miscellaneous smaller animals : $2 . For any animal under quarantine, the daily care and feeding is doubled. (d) For placing impounded animals : Any dog: $9 plus license and rabies shots . Any cat : $5. All other animals : Market value . (e) Veterinary Care for impounded animals : - Dogs, cats or other small animals , per treatment : $7 . 50 Medium or large animals, per treatment : $15 . 4225. 1. ACCOUNTING OF SUMS COLLECTED. The Chief Animal Control Officer shall retain all sums collected by him. The Chief Animal Control Officer shall make a monthly report to the City Administrator of the Chief Animal Control Officer' s proceedings relative to the powers and duties bestowed and imposed by this chapter. 4226 . DESTRUCTION OF IMPOUNDED UNFIT ANIMALS . It shall be the cuty of the Chief Animal Control Officer to issue and sign a 3 . death warrant for and to order the destruction of any animal lawfully taken into custody, which in the opinion of the Chief 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 incurable crippled condition, or which is adjudged by a written report of a licensed veterinary to be afflicted with any painful, incurable disease . 4231 . LICENSE AND REGISTRATION REQUIRED. No person owning, having an interest in, or having control, custody or possession of any dog, shall fail, neglect or refuse to license and register such dog if over four (4) months of age, in compliance with the terms of this chapter. 4231. 2. PROCUREMENT OF LICENSE CERTIFICATES . The Chief Animal Control Officer of the City of Huntington Beach is hereby authorized and directed 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 tags shall be effective until and including the 31st day of March of the year next en- suing and no longer. 4231 . 3 . ISSUANCE OF LICENSE TAGS AND CERTIFICATES . A metallic tag and license certificate with corresponding numbers shall be furnished by the Chief Animal Control Officer or one of his authorized agents , to any person required by this chapter to obtain a license upon payment of the appropriate fee prescribed in this chapter. 4232 . TIME LIMIT. LICENSE FEE. Any owner, with the ex- ception herein provided, of a dog over the age of four (4 ) months in the city shall obtain a dog license and pay an original or renewal license fee of Seven and no/100ths Dollars ($7) on or before April 1 of each year, except that the license fee for a spayed or neutered dog shall be Five and no/100ths Dollars ($5) . The owner has the burden of proof to show the dog has been spayed or neutered. Senior citizens , 62 years of age or older, shall be exempt from said license fee . Any owner who fails to pay the license fee and obtain a dog license prior to May 1 of each year, shall pay in addition to said license fee, a penalty fee of Four and no/100ths Dollars ($4) . Original license fees shall be due and payable within thirty (30) days after any dog is acquired and comes into the care, custody and control of any person in said city . For failure to obtain such original license within said thirty-day limit, such owner shall pay an additional penalty fee of Four and no/100ths Dollars ($4) . 4. The Chief Animal Control Officer shall keep a record of the name address and telephone number of the owner of the dog, or person making payment of said license fee, and to whom a certificate and tag shall have issued, and the number and date of such cer- tificate . Such metal tag issued for the current license year shall be securely fastened to the collar or harness of the dog, and shall be worn by such dog at all times other than those periods when confined to the owner' s house, enclosed yard or pen. A duplicate of a lost license tag may be procured from the Chief Animal Control Officer upon proof of loss and payment of One and no/100ths Dollars ($1) . 4233 . TAG MUST BE SHOWN. No person shall fail or refuse to show to the Chief Animal Control Officer or any police of- ficer, 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 . 4233 . 2 . COUNTERFEITING TAGS. No person shall imitate or counterfeit the tags in this chapter provided for, or shall use any imitation or counterfeit of such tag. 4235 . IMPOUNDING AND QUARANTINE. It shall be the duty of the Chief Animal Control Officer and of any police officer of this city, to take up all dogs found in violation of Section 4234 hereof. When such dog is taken up, it shall be delivered to the Chief Animal Control Officer. All such dogs shall be impounded in the city pound. 4235 .1 . GIVING NOTICE OF CAPTURED ANIMAL. Any person who captures an animal at large, as defined in Section 4234 , shall, within twenty-four (24) hours , give notice to the Chief Animal Control Officer. Such notice shall include the following: (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 county 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 his deputy upon request. 4236 . RABIES . VACCINATION. Every person keeping, harbor- ing or having a dog over the age of four ( 4) months in the City of Huntington Beach, California, shall cause such dog to be vac- cinated with a type of rabies vaccine approved by the Orange County Health Officer within a period of thirty (30) days from 5. 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 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 pre- scribed in this section. If chick embryo vaccine was used in such vaccination it must have been completed within thirty (30) months 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. 4237. 1. DOGS AND OTHER ANIMALS TO BE QUARANTINED FOR TEN (10) 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 Chief Animal Control Of- ficer, 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 ten (10 ) days , or shall fail, refuse, or neglect to allow the Chief Animal Control Officer, or his deputies, to make an in- spection or examination thereof at any time during said period. No such dog or animal shall be removed without written permission of the Chief Animal Control Officer, any police officer, or the health officer or his deputies . 4237 . 5 . NOTICE AND REDEMPTION OF IMPOUNDED DOG. When any dog is impounded, the Chief Animal Control Officer shall im- mediately notify the owner thereof, if known to him, by written notice or telephone . 4237. 6. FEE FOR RECOVERY OF DOG, FEEDING. Subject to the other provisions of this chapter, any person may make application to the Chief Animal Control Officer for the return of any dog, and upon presentation of proof satisfactory to the said Chief 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 re- covery shall be as stated in Section 4225 hereof, plus any license fee then due and payable. 4238. MINIMUM PERIOD OF IMPOUNDMENT. SALE. All licensed dogs impounded at the city pound shall be provided with proper and sufficient food and water by the Chief Animal Control Officer for a period of at least five (5) days , and all unlicensed dogs for a period of at least three (3) days . Unless such dog or dogs shall have been redeemed within such periods after being impounded, in the manner and upon the conditions imposed by Section 4237 . 6 hereof, they may be sold by the Chief Animal Control Officer to the person offering to pay the highest cash amount therefor, pro- vided that the purchaser shall not be given possession of any 6. such dog or dogs until he shall have paid to the Chief Animal Control Officer, or deputy, the license fee and charges pre- scribed for such dog or dogs . If the dog, impounded by the Chief Animal Control Officer, shall not have been redeemed within such periods , and cannot be sold within a reasonable time there after, it may be summarily disposed of by the Chief Animal Control Officer in a humane way . The Chief Animal Control Officer shall file at the city pound a full description of each dog impounded therein, for said period beginning on the day any such dog is taken or delivered into the possession of the Chief Animal Control Officer. 4239 . BREEDING OF DOGS AND DOG KENNELS . (a) 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 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 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. SECTION 3 . All provisions and sections in conflict with this ordinance are hereby repealed; provided, however, that any such repeal shall not affect or prevent the prosecution and punishment of any person, firm or corporation for any act done or committed prior to the effective date hereof in violation of the provisions which are repealed hereby. SECTION 4 . The provisions of this ordinance insofar as they are substantially the same as existing provisions of the Hunting- ton Beach Ordinance Code relating to the same subject matter shall be construed as restatements and continuations and not as new enactments . SECTION 5. This ordinance shall take effect thirty days after its adoption. The City Clerk shall certify to the passage of this ordinance and cause same to be published within fifteen days after adoption in the Huntington Beach News, a weekly news- paper of general circulation, printed and published in Huntington 7 . Ord. No. 1815 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss : CITY OF HUNTINGTON BEACH ) I , PAUL 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 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 29th day of January 19 73 , and was again read to said City Council at a regular meeting thereof held on the 5th day of February , 19 73 , 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, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: None I, PAUL C. JONES, CITY CLERK of the City of City Clerk and -officio Clerk Huntington Beach and ex-officio Clerk of the City of the City Council of the City ' Council, do hereby certify that this orc",inance has of Huntington Beach, California been published in the Huntington Beach News on in accordance with the City Charter of said City PAUL Q. JONES 04 --------- .. ..+. <�/ rk Deputy ity Clerk