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HomeMy WebLinkAboutOrdinance #3798 ORDINANCE NO. 3798 Of AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 7.08 OF THE HUNTINGTON BEACH MUNICIPAL CODE RELATING TO LICENSING PROVISIONS FOR DOGS AND CATS The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Section 7.08.010 of the Huntington Beach Municipal Code is hereby amended to read as follows: 7.08.010 License and registration required. No person owning, having an interest in, or having control, custody or possession of any dog or cat shall fail, neglect or refuse to license and register such dog or cat if over six (6) months of age in compliance 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). (1$9-2/18, 509-4/47, 885-1/62, 1279-2/67, 1555-3/70, 1815-3/73, 1905-3/74, 1907-5/74, Urg. Ord.2034-1/76) Any person advertising to the public the availability of any dog or cat for adoption, sale, barter or other transfer must prominently display the business license number in the advertisement. The license number shall also be provided to any person adopting or purchasing any dog or cat that is bred in the City of Huntington Beach. SECTION 2. Section 7.08.020 of,°the Huntington Beach Municipal Code is hereby amended to read as follows: f f li 7.08.020 License--Transferability. No,dog or cat license is transferable, except in the following circumstances: (a) Upon payment of a two dollar ($2) fee, a new license may be issued to a new owner of a dog or cat that was previously licensed by the city when said license is still current. f- (b) Upon payment of a two dollar ($2) fee, a new resident of the city may be issued a new license for his dog or cat in the following circumstances: (i) The dog was previously licensed in another jurisdiction and said license is current and valid through June,30 following the date of application; (ii) Said previous license is presented for cancellation; and (iii)The owner presents a valid rabies inoculation certificate which is effective through June 30 following the date of application. Any new license issued pursuant to this section shall be renewed pursuant to section 7.08.050 of this code. (885-1/62,,Urg.Ord.2034-1/76, 2281-5/78) SECTION 3. Section 7.08.030 of the Huntington Beach Municipal Code is hereby deleted in its entirety. NO ACTION 17848 1 TAKEN' Ord. No. 3798 SECTION 4. Subsection (b) of Section 7.09.040 is hereby amended to inch)de reference to cat, as follows: r/ (b) The City Animal License Inspector shall keep a record of the name, address and telephone number of the owner of the dog or cat, 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). (1279-2/67, 1905-4/74, 1907-5/74, Urg. Ord. 2034-1/76) a' SECTION 5. Section 7.08.050 of the Huntington Beach Municipal Code is hereby amended to read as follows: 7.08.050 License--Owner duty to obtain. Any owner, with the,exceptions herein provided, of a dog or cat over the age of six (6) months in the city shall obtain a license and pay an original or renewal license fee as set forth by resolution of the City Council on or before the effective date of this section and July 1 of each year thereafter. y f The license fee for a spayed or altered dog or cat shall be as set forth by resolution of the City Council. The owner has the burden of proof to show th Aog or cat has been spayed or altered. �x Except that the license fee shall be one-half(1/2)theyregular fee for the following: (a) Any owner of a dog or cat establishing residence in the city after December 31 of any year; (b) Any owner of a dog or cat acquired after December 31 of any year; (c) Any owner of a dog or cat which had not reached the age of six (6) months by December 31 of a year. Y Original license fees shall be due artdf 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. (885-1/62, 1279-2/67, 1555-2/70, 1872-11/73, Urg. Ord.2034-1/76,2246-1/78,2406-2/80,2435-7/80) SECTION 6. Section 7�08.060 of the Huntington Beach Municipal Code is hereby amended to read as follows: 4, 7.08.060 License--Penalt.yifees. Any person who fails to pay the required dog or cat license fee prior to August 1 each year shall pay, in addition to the license fee, a penalty fee of 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 cat or any dog or cat coming into his/her care, custody and control in this city shall pay in addition to,;�the original license fee, a penalty fee of 50 percent (50%) of the original license fee. (1907-5/74, Urg. Ord. 2034-1/76, Urg.Ord.2084-6/76) SECTION 7. Section 7.08.070 of the Huntington Beach Municipal Code is hereby amended to read as follows: 'ON NO ttv�to 17848 2 TAKEN Ord. No. 3798 7.08.070 License--Exempted animals. No license fee shall be required for the following: (a) Service dogs, including therapy dogs; r (b) Dogs honorably discharged from the armed forces of the United States; (c) Dogs or cats 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 or cats temporarily brought into the city for the exclusive purpose of being entered in a bench show or dog or cat exhibition, provided such dogs or cats are so./entered and not kept elsewhere in the city; j. SECTION 8. Section 7.08.075 of the Huntington Beach Municipal Code is hereby added to Chapter 7.08, said section to read as follows: P 7.08.075 Proof of Exemption. When licensing a dog or cat`/that has not been altered, a Huntington Beach resident shall provide proof of an exemptions' The following documents will be considered as support to a waiver of the requirement to alterfa pet: (a) A signed letter from a veterinarian verifying and providing medical support for claims that altering would put the animal at significant physical risk; (b) Verification of law enforcement status from Ahe law enforcement unit employing the animal; � (c) A certification from a qualified training organization verifying that the animal has been trained and is employed as a service amoral; q (d) Proof of participation in a sanctioned dog or cat show or sporting competition (e.g., receipt for entry fee, certificate indicating participation, proof of title earned as a result of competition, etc_); (e) Proof of the owner's membership in an OCACS-approved purebred dog or cat club representing the breed of the dog or cat to be licensed. �r SECTION 9. Section 708.080 of the Huntington Beach Municipal Code is hereby amended to read as follows: 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 or cat kept or remaining in any home or upon any enclosed premises under his immediate control. A violation of'this section is an INFRACTION, and upon conviction thereof shall be punishable by a fine not to exceed one hundred dollars ($100). (885-1/62, 1279-2/67, 1905-3/74, urg. Ord. 2034-1/76) SECTION'10. Section 7.08.110 of the Huntington Beach Municipal Code is hereby amended read as;,'follows: 0 ",N C T 0 N , P11 KEN17848 3 TA Ord. No. 3798 7.08.110 License--Vaccination certificate. Every person applying for a dog or bat license must exhibit a certificate issued by a person licensed by the state to practice veterinary medicine, which certificate shall show that the dog or cat 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 other disability. Such exemption shall be valid for a period not to exceed one (1) year. A license for any dog or cat shall not be issued unless and until such certificate is exhibited. (Urg. Ord. 641-2/56, 885-1/62, 1279-2167, 1905-3/74, Urg. Ord. 2034-1/76) SECTION 11. Sections 7.08.121 and 7.08.122 are hereby added to Chapter 7.08, said sections to read as follows: 7.08.121 Spay and neutering of dogs and cats. No person may own,keep, or harbor a dog or cat over the age of six months in violation of this section unless such person pays an unaltered animal fee as set forth by resolution of the City Council or qualifies for an exemption under Section 7.08.070 of this chapter. 7.08.122 Microchip identification of dogs and cats. The purpose of requiring microchipping is to provide a reliable method of identifying pets for a successful owner reunification process. No person may own, keep, or harbor a dog or cat over the ages of six months that does not have a microchip identification device. The owner or custodian of a dog or cat must provide appropriate documentation of microchipping upon the request the City or its designee. Exceptions will be considered when there exists a signed letter from a veterinarian verifying and providing medical support for claims that implanting a microchip would put the animal at significant physical risk. SECTION 12. This ordinance shall becomei effective 30 days after its adoption. PASSED AND ADOPTED by the Cit'fv ouncil of the City of Huntington Beach at a regular meeting thereof held on the day,:of , 200 'p °� Mayor I PC ATTEST: INITIATED AND APPROVED: City Clerk Chief of Police 4e F' REVIE E ND A PROVED:,' i. APPROVED AS TO FORM: City Ad mis for n City A torney E 17848 4 CITY OF HUNTINGTON BEACH Interdepartmental Communication TO: HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL FROM: JENNIFER McGRATH, City Attorney DATE: February 4, 2008 SUBJECT: Late Communication February 4, 2008 Agenda Item G-2b 33-98 Revisions were necessary to Ordinance No. 260"5 and the legislative draft accompanying the ordinance. Please replace the legislative draft of Chapter 7.08 and Ordinance No. 240 -85, with the attached revised versions of both of these documents. �`1$ JENNIFER McGRATH City Attorney Attachments as above /K c: Joan Flynn, City Clerk Paul Emery, Acting City Administrator 18641 NO ACTION ORDINANCE NO. 3-7296 TAKEN AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 7.08 OF THE HUNTINGTON BEACH MUNICIPAL CODE RELATING TO LICENSING PROVISIONS FOR DOGS AND CATS The City Council of the City of Huntington Beach does hereby ordain s follows: SECTION 1. Section 7.08.010 of the Huntington Beach Mur icipal Code is hereby amended to read as follows: /% 7.08.010 License and registration required. No person owning, having an interest in, or having control, custody or possession of any dog or cat shall fail, neglect or refuse to license and register such dog or cat if over six (6) months of age in compliance 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). (189-2/18/509-4/47, 885-1/62, 1279-2/67, 1555-3/70, 1815-3/73, 1905-3/74, 1907-5/74, Urg. Ord.2034-1/76) ' Any person advertising to the public the availability of ariy dog or cat for adoption, sale, barter or other transfer must prominently display the business license number in the advertisement. The license number shall also be provided to any person adopting or purchasing any dog or cat that is bred in the City of Huntington Beach. SECTION 2. Section 7.08.020 of the'Huntington Beach Municipal Code is hereby amended to read as follows: ,,r°s 7.08.020 License--Transferability. No ddg or cat license is transferable, except in the following circumstances: (a) Upon payment of a two dollar ($2) fee, a new license may be issued to a new owner of a dog or cat that was previously lice l�sed by the city when said license is still current. (b) Upon payment of a two/ollar ($2) fee, a new resident of the city may be issued a new license for his dog or cat in the following circumstances: (i) The dog was pre�liously licensed in another jurisdiction and said license is current and valid through June e 30 following the date of application; (ii) Said previous license is presented for cancellation; and (iii)The own er presents a valid rabies inoculation certificate which is effective through June 30 following the date of application. Any new license issued pursuant to this section shall be renewed pursuant to section 7.08.050 of 11 this code.f(885-1/62, Urg.Ord.2034-1/76,2281-5/78) f� SECTION 3. Section 7.08.030 of the Huntington Beach Municipal Code is hereby deleted in its entirety. 17848 1 SECTION 4. Subsection (b) of Section 7.08.040 is hereby amended to include reference to cat, as follows: (b) The City Animal License Inspector shall keep a record of the name, addlyss and telephone number of the owner of the dog or cat, or person making payment of th license fee, and to whom a certificate and tag shall have been issued, and the numbegr 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). (1279-2/67, 1905-4/74, 1907-5/74, Urg.Ord 2034-1/76) SECTION 5. Section 7.08.050 of the Huntington Beach/ Municipal Code is hereby amended to read as follows: d j 7.08.050 License--Owner duty to obtain. Any owner, with the exceptions herein provided, of a dog or cat over the age of six (6) months in the city shall obtain a license and pay an original or renewal license fee as set forth by resolution of the City Council on or before the effective date of this section and July 1 of each year thereafter. The license fee for a dog or cat shall be as set=yn/ rsolution of the City Council. The owner has the burden of proof to show the dog or cat spayed, altered and/or microchipped. Except that the license fee shall be one-half(1/2) t regular fee for the following: (a) Any owner of a dog or cat establishing residence in the city after December 31 of any year; (b) Any owner of a dog or cat acquired after December 31 of any year; (c) Any owner of a dog or cat which had not reached the age of six (6) months by December 31 of a year. Original license fees shall be due anipayable 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. (885-1/62, 1279-2/67, 1555-2/70, 1872-11/73, Urg. t Ord.2034-1/76,2246-1/78,2406-2/80,2435-7/80) SECTION 6. Section 7.08.060 of the Huntington Beach Municipal. Code is hereby amended to read as follows: r 7.08.060 License--Penalty fees. Any person who fails to pay the required dog or cat license fee prior to August 1 each yearn shall pay, in addition toy he license fee, a penalty fee of 50 percent of the original or renewal license fee. Any person who fail, to obtain an original license within thirty (30) days after his/her owning any dog or cat or any dog or cat coming into his/her care, custody and control in this city shall pay in addition to& original license fee, a penalty fee of 50 percent (50%) of the original license fee. (1907,5/74, Urg. Ord.2034-1/76, Urg.Ord.2084-6/76) a SECTION 7. Section 7.08.070 of the Huntington Beach Municipal Code is hereby amended to read as follows: ,s ACTION 17848 2 7AKEM" 7.08.070 License--Exempted animals. No license fee shall be required for the foll wing: (a) Service dogs, including therapy dogs; (b) Dogs honorably discharged from the armed forces of the United States; (c) Dogs or cats 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 or cats temporarily brought into the city for the exclusive purpose of being entered in a bench show or dog or cat exhibition, provided such dogs or cats are so,entered and not kept elsewhere in the city; /f SECTION 8. Section 7.08.075 of the Huntington Beach F,Municipal Code is hereby added to Chapter 7.08, said section to read as follows: 9� 7.08.075 Proof of Exemption. When licensing a dog or cat that has not been altered, a Huntington Beach resident shall provide proof of an exemption. The following documents will be considered as support to a waiver of the requirement to alter a pet: (a) A signed letter from a veterinarian verifying and providing medical support for claims that altering would put the animal at significantA hysical risk; (b) Verification of law enforcement status from the law enforcement unit employing the animal; f� (c) A certification from a qualified training organization verifying that the animal has been trained and is employed as a service animal; (d) Proof of participation in a sanctioned dog or cat show or. sporting competition (e.g., receipt for entry fee, certificate indicating participation, proof of title earned as a result of competition, etc_); (e) Proof of the owner's membership in an OCACS-approved purebred dog or cat club representing the breed.of the dog or cat to be licensed. F SECTION 9. Section 7.08.080 of the Huntington Beach Municipal Code is hereby amended to read as follows: F �F 7.08.080 License--Shown to license inspector. No person shall fail or refuse to show to the City Animal License Inspedtor or any police officer, the license and the tag for any duly registered dog or cat kept or remaining in any home or upon any enclosed premises under his immediate control. A violation?of this section is an INFRACTION, and upon conviction thereof shall be punishable by a fine,/not to exceed one hundred dollars ($100). (885-1/62, 1279-2/67, 1905-3/74, Urg. Ord.2034-1/76) SECTION 10. Section 7.08.110 of the Huntington Beach Municipal Code is hereby amended read as follows: NO ACTION 17848 3 TAKOEIN 7.08.110 License--Vaccination certificate. Every person applying for a dog or cat license must exhibit a certificate issued by a person licensed by the state to practice veterinary/medicine, which certificate shall show that the dog or cat for which the license shall be issued; either has been vaccinated in accordance with the provisions of the ordinance of the county 4 Orange, or should not be so vaccinated by reason of age, infirmity or other disability. Such exemption shall be valid for a period not to exceed one (1) year. A license for any dog or cat shall not be issued unless and until such certificate is exhibited. (Urg. Ord. 641-2/56, 885-1/62, 1279-2167, 1905-3/74, Urg. Ord. 2034-1/76) SECTION 11. Sections 7.08.121 and 7.08.122 are hereby added.'to Chapter 7.08, said sections to read as follows: 7.08.121 Microchip identification of dogs and cats. The purpose of requiring microchipping is to provide a reliable method of identifying pets for a successful owner reunification process. The owner or custodian of a dog or cat must provide appropriate Xc6cumentation of microchipping upon the request of the City or its designee. Exceptions will/be considered when there exists a signed letter from a veterinarian verifying and providing medical support for claims that implanting a microchip would put the animal at significant physical risk. 7.08.122 Microchipping, spate and neutering of dogs/and cats. No person may own, keep, or harbor a dog or cat over the age of six months in violation of this section unless such person pays the appropriate fee as set forth by resolution of the4City Council or qualifies for an exemption. SECTION 12. This ordinance shall beceme effective 30 days after its adoption. 21 PASSED AND ADOPTED by the''City Council of the City of Huntington Beach at a regular meeting thereof held on the ,'' day of , 200_ f" Mayor ATTEST: x° INITIATED AND APPROVED: �4 v,. City Clerk Chief of Police REVIE A APPROVED: r A D AS TO FORM: City Admini ator City Attorney H11,10 A" CTION TAKEN 17848 4