HomeMy WebLinkAboutOrdinance #2034 ORDINANCE NO. 2034
AN EMERGENCY ORDINANCE OF THE CITY OF HUNTINGTON
BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL
CODE BY ADDING THERETO TITLE 7, CHAPTERS 7. 04
AND 7 . 08 PERTAINING TO ANIMAL CONTROL
The City Council of the City of Huntington Beach does
ordain as follows :
SECTION 1. The Huntington Beach Municipal Code is hereby
amended by adding thereto Title 7, Chapters 7 . 04 and 7 . 08 to
read as follows :
Title 7
ANIMALS
Chapter 7 . 04
ADOPTION OF COUNTY ORDINANCES
7 . 04 . 010 Adoption of Title 4 Division 1 of the Codified
Ordinances of the county of Orange excepting Articles 4 and 5.
There is hereby adopted by the city council of the city of
Huntington Beach the provisions of Title 4, Division 1, of the
Codified Ordinances of the county of Orange pertaining to animal
control, except as to Articles 4 and 5 pertaining to dog and cat
licensing. Such ordinances are adopted and incorporated pursuant
to Section 50022. 9 et seq. of the California Government Code, as
fully as though set forth herein and of which not less than
three (3) copies have been and now are on file in the office of
the city clerk. From the date on which this chapter takes
effect, the provisions of said ordinances together with amend-
ments thereto shall be controlling within the corporate limits
of the city of Huntington Beach.
Pursuant to California Government Code Section 50022. 4, the
penalty provisions of the adopted ordinances are fully set forth
herein as follows :
"Sec. 1-1-34 . General penalty for violations . Any person
violating any of the provisions of this Code shall be guilty of
a misdemeanor. Any person convicted for a violation of any of
CC :cs 1.
the provisions of this Code, unless otherwise specifically pro-
vided in this Code, shall be punishable 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 .
"Sec. 1-1-35. Continuing violations . Each person shall be
guilty of a separate offense for each and every day during any
portion of which any violation of any provision of this Code is
committed, continued or permitted by such person and shall be
punishable accordingly.
"Sec. 1-1-36 . Acts include causing, aiding and abetting.
Whenever in this Code any act or omission is made unlawful, it
shall include causing, permitting, aiding or abetting such act
or omission. "
Chapter 7 . 08
LICENSING PROVISIONS
7. 08 . 010 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 com-
pliance with the terms of this chapter. A violation of this
section is an infraction, and upon a conviction thereof shall be
punishable by a fine not to exceed One Hundred Dollars ($100) .
7 . 08 . 020 License--Nontransferable. No dog license is
transferable .
. 08 0 0 License--Certificates o e h i 'm 7 3procured.d. The city animal
license inspector is authorized and directed to procure each
year, prior to the first day of July, 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 July 1st of the following year.
7 . 08 . 040 License=-Tags, certificates issued.
(a) A metallic tag or other means of permanent identi-
fication, such as tattooing, and license certificate with
corresponding numbers shall be furnished by the city animal
license inspector 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. Said person
shall bear the cost of the permanent identification if other
than a metallic tag is chosen by said person.
2 ,
(b) The city animal license inspector shall keep a
record of the name, address and telephone number of the owner
of the dog, or person making payment of the 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
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 city animal license
inspector upon proof of loss and payment of Two Dollars ($2) .
7. 08. 050 License--Owner duty to obtain. Any owner, with
the exceptions herein provided, of a dog over the age of
four (4) months in the city shall, and at the option of the
owner of a cat may, obtain a license and pay an original or
renewal license fee of Ten Dollars ($10) on or before the
effective date of this section and July 1 of each year there-
after.
The license fee for a spayed or altered dog or cat shall
be Five Dollars ($5) . The owner has the burden of proof
to show the dog or cat has been spayed or altered.
Except that the license fee shall be one-half (1/2) the
regular fee for the following:
(a) any owner of a dog or cat establishing residence
within the city after November 30 of any year.
(b) any owner of a dog or cat acquired after November 30
of any year.
(c ) any owner of a dog which had not reached the age of
four (4) months by December 15 of a year.
Original license fees shall be due and payable within
thirty (30) days after any dog or cat is acquired and comes
into the care, custody and control of any person in the city.
7. 08 . 060 License--Penalty fees . Any person who fails to
pay the required dog license fee prior to September 1, 1976,
and prior to September 1 each year thereafter, shall pay, in
addition to the license fee, a penalty fee of fifty (50 ) percent
of the original or renewal license fee .
Any person who fails to obtain an original license within
thirty (30) days after his/her owning any dog or any dog coming
into his/her care, custody and control in this city shall pay,
in addition to the original license fee, a penalty fee of fifty
(50) percent of the original license fee .
3.
7. 08 . 070 License--Exempted animals. No license fee shall
be required for the following:
(a) Seeing-Eye dogs;
(b) Dogs honorably discharged from the armed forces of
the United States;
(c ) Dogs in the care, custody and control of nonresidents
who are traveling through the city, or temporarily staying in
the city for a period not exceeding thirty (30) days , or dogs
temporarily brought into the city for the exclusive purpose of
being entered in a bench show or dog exhibition, provided such
dogs are so entered and not kept elsewhere in the city;
(d) Dogs under the care, custody or control of, or owned
by, senior citizens sixty-two years of age or older. However,
all senior citizens remain obligated to license their dog(s )
regardless of the license fee exemption, and they shall be
obligated to pay penalty fees for late licensing of their
dog(s ) .
7 . 08 . 080 License--Shown to license inspector. No person
shall fail or refuse to show to the city animal license inspector
or any police officer, 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. A violation of
this section is an infraction, and upon a conviction thereof
shall be punishable by a fine not to exceed One Hundred Dollars
($100 ) .
7 . 08 . 090 Removal of tags and collars . No unauthorized
person shall remove from any dog or cat any collar, harness,
or other device to which is attached a registration tag for
the current year or to remove such tag therefrom. A violation
of this section is an infraction, and upon a conviction thereof
shall be punishable by a fine not to exceed One Hundred Dollars
($100) .
7 . 08 . 100 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.
7 . 08.110 License--Vaccination certificate. Every person
applying for a dog license must exhibit a certificate issued
by a person licensed by the state to practice veterinary medicine,
which certificate shall show that the dog for which the license
shall be issued, either has been vaccinated in accordance with
the provisions of the ordinance of the county of Orange, or
should not be so vaccinated by reason of age, infirmity or
4 .
other disability. Such exemption shall be valid for a period
not to exceed one (1) year. A license for any dog shall not be
issued unless and until such certificate is exhibited.
7. 08 .120 License--Vaccination information. 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.
7. 08 .130 City animal license inspector--Creation. Pursuant
to Section 702 of the Charter of the city of Huntington Beach,
the City Council may appoint the city animal license inspector,
and may further provide for compensation, qualifications, duties,
powers and term of appointment .
7. 08 .140 City animal license inspector--Duties and powers .
It shall be the duty of the city animal license inspector to
enforce Chapter 7. 08 of Title 7 of the Huntington Beach Municipal
Code pertaining to animal licensing. The city animal license
inspector is granted the authority to issue citations where any
provision of Title 7, Chapter 7 . 08 is violated.
SECTION 2. This ordinance is an emergency ordinance necessary
for the immediate preservation of the public peace, health or
safety for the reason that the City has entered into an animal
control agreement with the County of Orange that requires the
immediate adoption of this ordinance. Without the provision
of animal control services by the County of Orange, the City
will not have available to it a continuing and effective animal
licensing program, the paramount purpose of which is the control
of rabies within the city of Huntington Beach. Pursuant to
Section 511 of the Charter of the City of Huntington Beach, this
ordinance becomes effective upon adoption.
SECTION 3 . The City Clerk shall certify to the passage of
this ordinance and shall 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
5 .
Huntington Beach at an adjourned regular meeting thereof held on
the 26th day of January, 1976 .
ATTEST:
May-or
Alicia M_ Wentworth
City Clerk
By
Deputy
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
DON P , BONFA, City Attorney
City Administrator Deputy City Attorney
APPROVED BY INITIATING DEPARTMENT:
y.
6 .
Emergency Ord. No. 2034
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF HUNTINGTON BEACH )
I, ALICIA M. WENTWORTH, the duly elected, qualified and acting
City Clerk of the City of Huntington Beach and ex-officio Clerk of the
I
City Council of the .said City, do hereby certify that the foregoing
ordinance was read to the City Council of the City of Huntington Beach
at a regular meeting thereof held on the 26th day of January
19 76 , and was passed and adopted by at least four-fifths (4/5)
affirmative votes of said City Council.
AYES: Councilmen:
Bartlett, Wieder, Coen, Shipley, Duke, Gibbs
NOES: Councilmen:
None
ABSENT: Councilmen:
Matney
Alicia M. Wentworth
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
By:
1, Alicia M. wentwarth C IV CLO"*' d e City tti� Deputy
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