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HomeMy WebLinkAboutOrdinance #1828 ORDINANCE NO. 1828 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY REPEALING SECTIONS 4243 . 5 AND 4243 . 6 AND AMENDING CERTAIN SECTIONS RELATING TO CONTROL OF ANIMALS, AND ADDING THERETO SECTION 4244, AND ARTICLE 427 PERTAINING TO THE CONTROL OF CATS IN SAID CITY The City Council of the City of Huntington Beach does ordain as follows : SECTION 1. Sections 4243 . 5 and 4243 . 6 of the Huntington Beach Ordinance Code are hereby repealed. SECTION 2 . The Huntington Beach Ordinance Code is hereby amended by amending sections 4242 . 2, 4243 . 4, 4250, 4251. 1, 4251. 2, 4251. 43 4251. 5, 4252, 4253 , 4254, 4255, 4256, 4257 , 4258, 4265, and 4269 to read as follows : 4242 . 2 . MORE THAN TEN FOWLS PROHIBITED. (a) No person shall keep or maintain in the City of Huntington Beach more than ten (10) in all of chickens , geese, ducks , turkeys , pheasants , doves , pigeons , squabs or similar fowl; and keeping or maintaining more than ten (10) fowl shall be presumptive evidence of a public nuisance . (b ) The presumption created by subsection (a) is a rebuttable presumption affecting the burden of proof. 4243 . 4 . CATTLE AND HOGS . It is hereby declared to be a nuisance and no person shall keep or maintain in the City of Huntington Beach cattle or hogs 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 . 4250 . ALLOWING WILD OR VICIOUS ANIMALS TO RUN AT LARGE PROHIBITED. No person owning or having charge , custody , control or possession of any animal or reptile known by such person to be vicious or dangerous , or commonly so known, or JG: lm 1. owning or having charge, custody, control or possession of any elephant , bear, hippopotamus , rhinoceros, lion, tiger, leopard, wolf, monkey, ape, chimpanzee, bobcat , lynx, wildcat, puma, cheetah or any animal commonly referred to as a "wild specie" or any poisonous reptile, shall permit or allow the same to be at large upon any highway, street, lane, alley, court , or other public place or upon any private property other than within the enclosed premises of such person. Any dog having a disposition or propensity to attack or bite any person or animal without provocation is hereby defined as a wild or vicious animal. The Chief Animal Control Officer, or his authorized deputy, shall notify the owner or harborer in writing to keep such animal within a substantial enclosure or securely attached to a chain or any other type of control which is reasonably adequate under the circumstances . If such restraint is impossible or impracticable, such animal shall be impounded until the owner or harborer is able to comply with the Chief Animal Control Officer' s order. If, upon receiving said written notification, the owner or harborer fails to pro- vide adequate restraint or control of said animal as ordered by the Chief Animal Control Officer, or his authorized deputy, within a reasonable time, said animal shall then be subject to summary destruction. Where the official records of the Chief Animal Control Officer indicate a dog has bitten any person or persons or animal on two (2 ) or more separate occasions , it shall be prima facie evidence that said dog is a wild or vicious animal . 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 animal or reptile described in Section 4250 hereof without first applying to and receiving a permit from the Chief Animal Control Officer or his authorized representative to do so . 4251. 2 . Any person dissatisfied with the ruling of the Chief Animal Control Officer may, within ten (10) days there- after, 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. 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. 4251. 4 . The Chief Animal Control Officer may, following application for a permit and pending final disposition of the same, grant a temporary permit for the maintenance within the 2. City of Huntington Beach of any such animal or reptile 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 or reptile shall be otherwise kept or maintained 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 . 4251. 5 . The Chief Animal Control Officer, or his authorized deputy, shall take possession of any animal or reptile described under Section 4250 for which a permit has not been issued and keep the same until the proper permit has been secured by the owner thereof and shall release the same to the owner when all fees and costs have been paid and all laws and permit conditions complied with. 4252. APPLICATION FOR PERMIT. An application for any per- mit required pursuant to this article shall be made to the Chief Animal Control Officer in writing and upon a form furnished by the Chief Animal Control Officer if so required. Said appli- cation 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 or reptile for which a permit is required, and shall set forth the following: (a) Name, address and telephone number of the applicant . (b ) The applicant ' s interest in such animal or reptile. (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 or reptiles for which the permit is sought . (e) Any information known to the applicant concerning vicious or dangerous propensities of all such animals or reptiles . (f) The housing arrangements for all such animals or reptiles with particular details as to safety or structure, locks , fencing, etc . (g) Safety precautions proposed to be taken. (h) Noises or odors anticipated in the keeping of such animals or reptiles . (i) Prior history of incidents involving the public health or safety involving any of said animals or reptiles . 3. (j ) Any additional information required by the Chief Animal Control Officer at the time of filing such application or there- after. 4253 . REVIEW OF APPLICATION FOR PERMITS . Copies of any application for permit under this article shall be sent by the Chief Animal Control Officer to the law enforcement agency, Planning Department, and to any other department or agency from which information is sought, and no permit shall be granted with- out 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. 4254 . EXCEPTION FOR TRANSPORTATION OF ANIMALS THROUGH CITY . The permit requirements of this chapter shall not apply to any person so keeping or maintaining or having in his possession or control any animal or reptile defined in Section 4250, when such person is transporting such animal or reptile 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. 4255 . PERMIT FEE. The fee for a permit application shall be Twenty Dollars ($20 . 00) for one wild or dangerous animal plus an additional Five Dollars ( $5. 00) for two ( 2) or more wild or dangerous animals , total fee not to exceed Twenty-five Dollars ($25 . 00) for any one permit application. Said fee shall be pay- able to the Chief Animal Control Officer at the time of filing the permit application. Accretions by natural birth shall not require additional permits during the period of a valid permit . Said fees are not refundable regardless of whether or not any permit is issued. 4256 . COMMERCIAL ESTABLISHMENTS . Commercial establishments possessing such animals or reptiles 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 or reptile as do not exceed the maximum such establishment estimates 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 Chief Animal Control Officer upon the acquisition of any animal or reptile having a prior history of any incident involving the public health or safety, or result- ing in any bodily injury or property damage . 4257 . TERM AND RENEWAL OF PERMITS . No permit required by this article shall be granted for a period in excess of one year. An application for renewal of any permit shall be made not less than forty-five (45) days prior to the expiration thereof, and 4. shall be accompanied by the same fee as required upon making the original 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 . 4258. REVOCATION OF PERMITS . The Chief Animal Control Officer 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 . 4265. LICENSE FEE A DEBT. The amount of any license fees imposed by this chapter shall be deemed a debt to the city and any person keeping any animal without having obtained a license and registration certificate 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 license fees and penalties imposed and required by this chapter to be paid for the privi- lege 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. Such action shall be cumulative 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. 4269 . PENALTIES . Any person, firm or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punish- able by a fine of not more than Five Hundred Dollars ($500 . 00) or by imprisonment in the 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 chapter is committed, continued or permitted by such person, firm or corporation, and shall be punishable therefor as provided by this chapter. SECTION 3 . The Huntington Beach Ordinance Code is hereby amended by adding thereto new Section 4244 to Article 424 and new Article 427, entitled "Cats , " to read as follows : 4244 . EDUCATIONAL OR YOUTH ORGANIZATIONS . PERMITS FOR ANIMAL HUSBANDRY. Notwithstanding any provison of this chapter, the City Administrator may issue permits to educational or youth-serving organizations to keep any animal of a domestic nature upon his finding that such animals shall be kept to 5. further purposes, projects or goals of the organization, that no public nuisance will be created, and that such animals will be properly maintained and cared for. This permit shall be revocable by the City Administrator upon finding of change in the original conditions of issuance or violation of any pro- vions of this chapter. ARTICLE 427 CATS 4271. LICENSE AND REGISTRATION REQUIRED. No person owning, having an interest in, or having control, custody or possession of any cat , shall fail, neglect or refuse to license and register such cat if over six (6) months of age, in compliance with the terms of this chapter. 4271. 1. TRANSFER. No cat license is transferable. 4271 . 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 ensuing and no longer. 4271. 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, firm or organization enumerated in Section 4271 hereof upon payment of the appropriate fee prescribed in Section 4272 . 4272 . TIME LIMIT. LICENSE FEE. Any owner of a cat over the age of six (6) months in the city shall obtain a cat license and pay an original license, or renewal license fee of Five Dollars ($5 . 00) on or before April lst of each year, except that the license fee for a spayed or neutered cat shall be Two and 50/100ths Dollars ($2. 50) . The owner has the burden of proof to show that the cat has been spayed or neutered. Any owner who fails to pay the license fee and obtain a cat license prior to May lst of each year, shall pay in addition to said license fee, a penalty fee of Four Dollars ($4 . 00) . For the period of time from and after the effective date of this article to March 31 inclusive of 1974, the license fee as required by this article shall be Five Dollars ($5 . 00) except that the license fee for such period for a spayed or neutered cat shall be Two and 50/100ths Dollars ($2. 50) . The owner has 6 . the burden of proof to show that the cat has been spayed or neutered. Any owner who fails to pay the license fee and obtain a cat license within thirty ( 30) days from and after the effect- ive date of this article, shall pay in addition to said license fee, a penalty fee of Four Dollars ($4 . 00) . Original license fees shall be due and payable within thirty (30 ) days after any cat 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 limits , such owner shall pay an additional penalty fee of Four Dollars ($4 . 00) . The Chief Animal Control Officer shall keep a record of the name, address and telephone number of the owner of the cat , 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 certificate . Such metal tag issued for the current license year shall be securely fastened to the collar or harness of the cat, and shall be worn by such cat 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 Dollar ($1. 00) . 4272 . 1. LICENSE FEE EXEMPTIONS . No license fee shall be required for cats in the care, custody and control of nonresi- dents who are traveling through the city, or temporarily stay- ing in the city for a period not exceeding thirty (30) days, or cats temporarily brought into the city for the exclusive purpose of being entered in a bench show or. cat exhibition, provided such cats are so entered and not kept elsewhere in the city . 4273 . TAG MUST BE SHOWN. No person shall fail or refuse to show to the Chief Animal Control Officer or any Police Officer of said city, the license and the tag for any duly registered cat kept or remaining within any home or upon any enclosed premises under his immediate control. 4273 . 1. REMOVAL OF REGISTRATION TAGS . No unauthorized person shall remove from any cat any collar, harness , or other device to which is attached a registration tag for the current year or to remove such tag therefrom. 4273 . 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. 4274 . IMPOUNDING AND QUARANTINE. It shall be the duty of the Chief Animal Control Officer and of any Police Officer of said city, to take up all cats found in violation of this article. When such cat is taken up, it shall be delivered to the Chief Animal Control Officer. All such cats shall be impounded in the city pound. 7. 4274 . 1. GIVING NOTICE OF CAPTURED ANIMAL . Any person who captures or takes up a cat found in violation of this article 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 there- after surrender said animal to the Chief Animal Control Officer or his deputy . 4275 . NOTICE AND REDEMPTION OF IMPOUNDED CAT. When any cat is impounded, the Chief Animal Control Officer shall immed- iately notify the owner thereof, if known to him, by written notice or telephone . 4276 . FEE FOR RECOVERY OF CAT. Subject to the other pro- visions of this article, any person may make application to the Chief Animal Control Officer for the return of any cat , 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 cat , may recover such cat 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 . 4277. MINIMUM PERIOD OF IMPOUNDMENT. SALE. All cats 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 , three (3) days for unlicensed cats . Unless such cat or cats shall have been redeemed within said period after being impounded, in the manner and upon the conditions imposed by Section 4276 hereof, they may be sold by the Chief Animal Control Officer to the person offering to pay the highest cash amount therefor, provided that the purchaser shall not be given possession of any such cat or cats until he shall have paid to the Chief Animal Control Officer, or deputy, the license fee and charges prescribed for such cat or cats . If any cat , impounded by the Chief Animal Control Officer, shall not have been redeemed within such periods , and cannot be sold within a reasonable time thereafter, 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 cat impounded therein, for said period beginning on the day any such cat is taken or delivered into the possession of the Chief Animal Control Officer. 8 . 4278. BREEDING OF CATS AND CAT 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, 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 ) 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, 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 4 . 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 vio- lation of the provisions which are repealed hereby . SECTION 5 . The provisions of this ordinance insofar as they are substantially the same as existing provisions of the Huntington Beach Ordinance Code relating to the same subject matter shall be construed as restatements and continuations and not as new enactments . SECTION 6 . 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 newspaper of general circulation, printed and published in Huntington Beach, California. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 2nd day of April, 1973 . Mayor ATTEST: APPROVED AS TO FORM: City Clerk City Attorney 9 . Ord. ND. 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 19th day of March 1973 and was again read to said City Council at a regular meeting thereof held on the day of , 19 , and was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council. AYES: Councilmen: Gibbs, Green, Coen NOES: Councilmen: Shipley, Bartlett, Matney ABSENT: Councilmen: Duke City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California