HomeMy WebLinkAboutOrdinance #2084 ORDINANCE NO. 2084
AN EMERGENCY ORDINANCE OF THE CITY OF HUNTINGTON
BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL
CODE BY AMENDING SECTION 7. 08. 060 THEREOF AND
ADDING SECTIONS 7. 04 . 020, 7 . 12 . 020, 7 .12. 030 ,
7 .12. 040, 7 .12. 0503 7 . 12 . 060, 7. 12 . 070, 7.12. 080,
7. 12. 090, 7. 12.100, 7 .12.110, 7 . 12. 120 , 7 .12 . 130,
AND 7. 12.140 THERETO 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 amending Section 7 . 08 . 060 thereof to read as follows :
7. 08. 060 License--Penalty fees . Any person who fails to
pay the required dog license fee prior to August 1, 1976, and
prior to August 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 .
SECTION 2. The Huntington Beach Municipal Code is hereby
amended by adding Sections 7. 04 . 020, 7. 12. 020, 7 . 12. 030, 7 .12. 040,
7 .12.050, 7. 12. 060, 7.12. 070, 7 .12 . 0803 7. 12. 090, 7 . 12 .100,
7 .12.110, 7. 12.120, 7. 12 .130, 7. 12.140 and 7 . 12 .150 thereto to
read as follows :
7. 04, 020 Adoption of specified sections of Title 5 of the
Codified Ordinances of the County of Orange. There is hereby
adopted by the City Council of the City of Huntington Beach the
following provisions of Title 5 of the Codified Ordinances of
the County of Orange : 5-1-1, 5-1-3, 5-1-7, 5-1-113 5-1-17,
5-1-29, 5-1-303 5-2-1, 5-2-23 5-2-32, 5-2-4, 5-2-5, 5-2-6, 5-2-7,
5-2-13, 5-2-14, 5-2-153 5-2-16, 5-2-17, 5-2-18, 5-2-19, 5-3-26o,
5-3-261, and 5-3-263 pertaining to animal control and 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
WSA: cs 1.
three (3) copies have been and now are on file in the office
of the city clerk. From the date on which this section 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.
7 .12. 020 Running at large prohibited. (a) No person
owning or having control of any ox, steer, bull, cow, horse,
colt, calf, sheep, goat, cat or any animal of a species commonly
referred to as wild shall:
(1) Permit such animal to run at large in the city;
(2) Cause or permit any such animal to be pastured,
herded, staked or tied in any street, lane, alley, park or
other public place;
(3) Tie, stake, pasture or permit the tying, staking
or pasturing of any such animal upon any private property within
the limits of the city, 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
(4) Permit any of said animals to be or remain during
the nighttime 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 restrain such animal, or by securely fastening
such animal by means of a rope, or chain of sufficient size,
strength and weight to effectively restrain such animal; or
(5) Fail to provide the necessary sustenance, drink,
shelter or protection from the weather, or otherwise.
(b) 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 owning or
having charge, custody, or possession of any elephant, bear,
hippopotamus,' rhinoceros, lion, tiger, leopard, wolf, monkey,
ape, chimpanzee, bobcat , lynx, wildcat , puma, cheetah or any
animal of a species commonly referred to as wild 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.
7. 12. 030 Animal premises kept clean. 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 the animal is kept in a clean and sanitary
condition.
2.
7.12 . 040 Keeping animals near inhabited structures .
No person shall keep any animal, fowl or bird, wild or domestic,
other than dogs, cats, canaries, or birds of the psittacinae
family, within fifty (50) feet of any inhabited structure,
school or hospital provided, however, 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 .
7 .12. 050 Animals prohibited in food handling premises .
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
are being kept or transported; provided, however, that the
provisions of this section shall not apply to a dog trained to
guide the blind.
17 . 12. 060 Dead--Carcass disposal. It is 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 the premises owned, controlled or occupied by him or it in
the city .
7 .12. 070 Noisy animals . It is a nuisance, and no person
shall keep, maintain or permit upon any lot or parcel of land
within the city under his control, any animal or animals, including
any fowl, which by any sound or cry, shall interfere with the
comfortable enjoyment of life or property by an entire community
or neighborhood, or by any considerable number of persons .
7. 12. 080 Goats . (a) It is 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 (1000) feet of any dwelling house
other than that occupied by him or it .
(b) No person shall keep or maintain any male goat ex-
ceeding the age of six (6) months within the limits of the city.
3 .
7.12. 090 Horses . (a) It is 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 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 occupied by him or them, or to stable
more than two horses or mules within one hundred (100) feet of
any dwelling house other than that occupied by him or them.
(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 .
(d) Street Line. For the purposes of this chapter,
"street line" means the nearest edge of any sidewalk and, if
there is no sidewalk, the nearest edge of any curb, and if there
is no sidewalk or curb, the nearest edge of the improved portion
of the public right-of-way.
7 . 12. 100 Cattle and hogs . It is a nuisance and no person
shall keep or maintain in the city 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.
7 .12.110 Fowl and rabbits--At large . It is a nuisance
and no person shall suffer or permit any chickens, geese, ducks ,
turkeys, pheasants, doves, pigeons, squabs or similar fowl 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.
7 .12.120 Fowl and rabbits Keeping restrictions . It is
a nuisance and no person shall keep chickens, geese, ducks ,
turkeys, pheasants, doves, pigeons, squabs or similar fowl 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 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 (4) months old
within the city limits .
7 .12.130 Fowl--Number permitted. No person shall keep or
maintain in the city 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 . The pre-
sumption created by this section is a rebuttable presumption
affecting the burden of proof.
4 .
7 .12.140 Monkeys and chimpanzees to be secured. (a) No
person owning or having control of any monkey, ape, chimpanzee
or other animal of the monkey type, shall permit, allow or
suffer such animal to run at large within the city or permit,
allow or suffer such animal to be or go upon any street or
public place within the city without having such animal securely
fastened by an adequate chain or rope, firmly held by or attached
to a competent person.
(b) 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.
7 . 12.150 Penalty . A violation of any of the sections in
this chapter is an infraction and, upon conviction thereof, shall
be punished by a fine not to exceed One Hundred Dollars ($100) .
SECTION 3. This is an emergency ordinance necessary for
the immediate preservation of the public peace, health or safety
for the reason that the City entered into an animal control
agreement with the County of Orange requiring the adoption of
this ordinance, without which the City would have no immediate
method of animal control for the protection of its citizens .
Additionally, other sections of this ordinance provide for
regulation of animals presently not subject to the Huntington
Beach Municipal Code, and the alteration of the penalty date for
not obtaining a dog license . Pursuant to Section 511 of the
Huntington Beach City Charter, this ordinance will become
effective upon adoption.
SECTION 4 . 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 21st
day of June, 1976.
ATTEST; � �
ayor
City Clerk
5.
APPROVED AS TO CONTENT AND AS APPROVED AS TO FORM:
INIT ATING TMENT:
w-
4Act *ng City Administrator }�jp` ity Attorn
NO FISCAL IMPACT
FISCAL IMPACT -- BUDGETED
FISCAL IMPACT -- NOT BUDGETED
REQUIRES FINANCIAL IMPACT REPORT
6.
Emergency Ord. No. 2084
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
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 21st day of June
19 76 and was passed and adopted by at least four-fifths (4/5)
affirmative votes of said City Council.
AYES: Councilmen:
Bartlett, Pattinson, Wieder, Gibbs, Siebert, Shenkman
NOES Councilmen:
None
ABSENT: Councilmen:
Coen
i d - ffi io Clerk
City Clerk an ex o c 1
Y
of the City Council of the City
of Huntington Beach, California
f, Alicia M. Wert v i rth °FY CLERK of the City of
Huntington Ec�ch d "icio Clerk of the City
ouncil, Rio h +b,, t* Ws ordinance has ;
1 en puff f? Mews on
I
:A City.
ALICIA M. WENTWORTH
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City Clerk
....................�.t.
DepuWCjty Clerk