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HomeMy WebLinkAboutOrdinance #1872 ORDINANCE NO. 1872 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY REPEALING SECTION 4243 . 6, AND ADDING A NEW ARTICLE 427 ENTITLED, "CATS" The City Council of the City of Huntington Beach does ordain as follows : Section 1. Section 4243 . 6 of the Huntington Beach Ordi- nance Code is hereby repealed. Section 2 . The Huntington Beach Ordinance Code is hereby amended by adding Article 427 , entitled "Cats" , to read as follows : ARTICLE 427 CATS 4271. VOLUNTARY LICENSING AND REGISTRATION. Any person owning, having an interest in, or having control, custody or possession of any cat may voluntarily license and register such cat if over four (4) months of age upon payment of a $5 .00 li- cense fee . 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 here- by 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 expire April lst of the following year. 4271. 3 ISSUANCE OF LICENSE TAGS AND CERTIFICATES . A metallic tag, or any alternative approved by the Chief Animal Control Officer, and license certificate with corresponding numbers shall be furnished by the Chief Animal Control Officer or one of his authorized agents , to any person who voluntarily pays for a cat license . 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. JG:er 9/13 1. a certificate and tag shall have issued, and the number and date of such certificate. 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) . 4271 . 4 COUNTERFEITING TAGS . No person shall imitate or counterfeit tags issued in compliance with this article, or shall use any imitation or counterfeit of such tag. 4272 . IMPOUNDING. 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 running at large per Section 4241 . 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. 4272 .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 thereafter surrender said animal to the Chief Animal Control Officer or his deputy . 4272 . 2 NOTICE AND REDEMPTION OF IMPOUNDED CAT. When any cat is impounded, the Chief Animal Control Officer shall im- mediately notify the owner thereof, if known to him, by written notice or telephone . 4272 . 3 FEE FOR RECOVERY OF CAT FEEDING. Subject to the other provisions of this article , .any person may make applica- tion 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. 4272 . 4 MINIMUM PERIOD OF IMPOUNDMENT. All cats im- pounded 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 for cats displaying a 2. valid license, and for a period of at least twenty-four (24) hours for cats displaying some type of identification. Said cats will be destroyed if not claimed within the stated mini- mum time periods . Cats displaying no identification will be destroyed within twenty-four (24) hours . 4272 . 5 SALE OF IMPOUNDED CATS . SUMMARY DESTRUCTION. Cats not redeemed 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 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 some 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 deli- vered into the possession of the Chief Animal Control Officer. 4273 . SPAYING OR NEUTERING REQUIRED. The California Animal Control shall not sell or give away any female cat more than six (6) months of age that has not been spayed, or any male cat of more than six (6) months of age that has not been neutered. The California Animal Control shall not sell or give away any cat less than six (6) months of age unless the cost of spaying or neutering such cat has been deposited in trust with the Chief Animal Control Officer for payment to a veterinarian or spaying or altering clinic designated by the person purchasing or receiving the cat . The deposit shall be forwarded to the veterinarian or clinic upon receipt by the Chief Animal Control Officer of a notice from the veterinarian or clinic that the cat has been spayed or neutered. 4274 . BREEDING OF CATS . 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 purposes , within three hundred (300) feet of any dwelling house other than that of the owner or person in control of such cat . 4275. CAT BREEDING PERMIT. Any person owning or having control, custody, charge or possession of any cat for breeding purposes shall secure a cat breeding permit from the Chief Animal Control Officer, or his authorized representative. Fee for said cat breeding permit shall be $20. 00. Any kitten sold from a litter for a profit over and above the cost of advertising, if any, shall be prima facie evidence of cat breeding. 4276 . CAT KENNELS . 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 3. premises owned or controlled by him, 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 dwell- ing 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 Huntington 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 Beach, California. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 1st day of October, 1973. Mayor Of ATTEST: APPROVED AS TO FORM: City Clerk G City Attorney 4 . Ord. No. 1872 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, ALICIA M. WENTWORTH, the duly appointed, qualified 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 17th day of September 19 and was again read to said City Council at a regular meeting thereof held on the lst day of October , 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, Coen, Duke, Matney NOES: Councilmen: None ABSENT: Councilmen: None • . City Clerk and ex-officio Clerk of the City Council of; the City of Huntington Beach, California I, Alicia M. Wentworth CITY CLERK of tt Cites of Huntington Beach and ex-officlo Clerk of tfr- City COuncil, do hereby c rt:ify ° )t y:s `rr" Cam$ ; been publishc�,14 in tt In accorcura'r a ^ y C i..*.vr � y> ALICIA M. WENTWORTN DepleyLune