O 150
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. ORDINANCE NO. 150
AN ORDINANCE OF THE CITY OF ARROYO GRANDE; PROVIDING FOR LICENSING OF
ALL DOGS; PROHIBITING UNLICENSED DOGS FROM RUNNING AT LARGE WITHIN THE
CORPORATE LIMITS OF THE CITY OF-ARROYO GRANDE; AUTHORIZING THE IMPOUND-
ING OF DOGS; SETTING FORTH THE POWERS AND DUTIES OF THE POUNDMASTER,
PROVIDING RULES AND REGULATIONS FOR THE CONTROL OF OTHER TYPES OF
ANIMALS AND SETTING FORTH MISCELLANEOUS RELATED RULES AND REGULATIONS;
REPEALING ALL ORDINANCES AND PORTIOr-tS THEREOF IN CONFLICT HEREWITH;
AND PROVIDING PENALTIES FOR VIOLATIONS.
The City Council of the City of Arroyo Grande does ordain as follows:
SECTION 1. SHORT TITLE. This ord1.nance snaIl 'be known as "The Animal
Ordinance."
SECTION 2. DEFINITION OF TERMS. For the purpose of this ordinance,
unless it is plai~ly evident from the context that a different meaning is
intended, certain terms used herein are defined as follows:
(a) "Dog" shall include female as well as male dogs.
(b) "Owner" shall mean any person, firm or corporation
owning, having an interest in, or having control of custody or possession
of any animal.
(c) "At large" shall mean a dog off the premises of its
owner and not under restraint by leash, or chain, or not otherwise control-
led by a competent person.
(d) "Kennel" shall mean any person, firm or corporation
engaged in the commercial business of breeding, buying, selling, or board-
ing dogs and cats.
(e) "Pet Shop" shall mean any person, firm or corporation
operation an establishing where live animals and/or birds are kept for sale,
for hire or sold.
(f) "Animal" shall include any mammal, poultry, bird,
reptile, fish or any other dumb creature.
(g) "Horse" shall include mule, burro, pony, jack, hinny
or jenny.
(h) "Person" shall include any person, partnership,
corporation, trust and association of persons.
(i) Whenever any reference is made to any portion of this
Ordinance such reference applies to all amendments and additions thereto
now or hereafter made.
(i) The present tense inludes the past and future tenses
and the future, the present. Each gender includes the other two genders.
(k) The singular number includes the plural and the plural
the singular.
(1) Whenever a power is granted to, or a duty is imposed
upon the Poundmaster or other public officer, the power may be exercised or
the duty may be performed by a deputy of the officer or by a person
authorized, pusuent to law, by the officer, unless this Ordinance expressly
provides otherwis.
(m) "City" shall mean City of Arroyo Grande.
SECTION 3. OFFICE OF POUNDMASTER ESTABLISHED. The office of Pound-
master is hereby established. -.,.. ,,-,' ----
,..,._ ' _ (a), The P01J.Ildmast~%', may 'be either a person, firm, associa-
tion or corporation, and shall):>e, c:tpp'oiJC1t~):>Y..1:h<i!. City Council of the
City of Arroyo. The Poundmaster shall serve for ,such period of time and
shall receive such compensation as shall be established by ordinance, or by
contract executed by the City Council of the City of Arroyo Grande.
(b) Police Powers. The Poundmaster and all deputy pound-
masters shall upon appointment as herein provided and during the tenure of
their office, become and be vested with the powers and duties of policemen
of the City of Arroyo Grande, and each shall have the power and it shall be
their duty to make arrests for violations of any of the provisions of this
ordinance. The Poundmaster shall enforce all of the laws of the City of
Arroyo Grande and the State relating to ~he care, treatment and impounding
of dumb animals. If the Poundmaster, appointed as herein provided, be a
firm, association or corporation, neither it nor any agent, employee,
representative or member therof, unless duly appointed and qualified as
Deputy Poundmaster, shall be vested with the powers Or duties of a Police
Officer of the City of Arroyo Grande.
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(c) License and Tax Powers. The Poundmaster, if a person,
and all Deputy Poundmasters, shall upon appointment as herein provided, and
during the full tenure of their offices also become and be vested with the
powers and duties of City Tax Collectors, and each shall have the power to
collect the license fees and to issue the certificate and tags prescribed
herein. All sums so collected shall be paid over to the City Treasurer on
or before the 10th day of each month.
(d) Poundmaster to keep Record. The Poundmaster shall keep
a record of the number of all animals impounded, showing in detail in the
case of each animal the description, dates of receipt, the date and the
manner of disposal, the name of the person redeeming or purchasing, and the
fees and charges and proceeds of sales received on account thereof, and
such additional records as may be required by the City Council of the City
of Arroyo Grande.
SECTION 4. POUND PROVIDED. There shall be provided by the City
Council, or by the Poundmaster upon such terms and conditions as shall be
named in the contract executed by and between the Poundmaster and the City
Council of the City of Arroyo Grande a suitable building or enclosure to
keep and safely hold all animals herein enumerated which are subject to be
impounded which shall be known and designated as the "Ci ty Pound".
SECTION 5. IMPOUNDING. It shall be the duty of the Poundmaster to
take up, impound and safely keep any of the animals enumerated in this
Ordinance found running at large, staked, tied square, park or other place
belonging to or under the control of said City Council, or upon private
property, in said City contrary to the provisions of this Ordinance.
SECTION 6. CARE OF ANIMALS. When any animal is so impounded it
shall be provided with proper and sufficient food and water by the
Poundmaster.
SECTION 7. NOTIFICATION OF OWNER. The Poundmaster shall immediately
upon impoundment of dogs or other animals make every reasonalble effort to
notify the owners of such dogs or other animals impounded, and inform
such owners of the conditions whereby they may gegain custody of such
animals.
SECTION 8. RECLAIMING ANIMALS. The owner of any impounded animal
shall have the right to reclaim the same at any time prior to the lawful
disposition therof upon payment to the Poundmaster of the costs and charges
herinafter provided in this Ordinance the impounding and keeping of said
animals.
SECTION 9. ENTERING UPON PREMISES. The Poundmaster is authorized
to enter upon any premises upon which any ani.mal is kept, for the purpose
of taking up, seizing or impounding any animal found running at large, or
staked, herded or grazed theron, contrary to the provisions of this
Ordinance or for the purpose of ascertaining whether such animal is regist-
ered as provided in this Ordinance, or for the purpose of inspecting the
premises to ascertain whether any law of the City of Arroyo Grande or State
of California relation to the care, treatment or impounding of dumb animals
is being violated.
SECTION 10. EXHIBITION OF LICENSE. No person shall fail or refuse
to exhibit the registration of any animal required to be licensed by this
code when required to do so by said poundmaster.
SECTION 11. DUTIES. It is hereby made the duty of the Poundmaster
to enforce any other Sections of this Ordinance whether enumerated as a
duty or not.
SECTION 12. INTERFERENCE WITH DUTY. No person shall interfere
with the Poundmaster or his deputies in the performance of their official
duties.
SECTION 13. FINES AND CHARGES UPON IMPOUNDED ANIMALS. The Pound-
master shall charge, receive and collect charges upon impounded animals
in accordance with Schedules therefor to be fixed from time to time by the
City Council of the City of Arroyo Grande adopted at regular meetings of the
City Council.
SECTION 14. DESTRUCTION OF IMPOUNDED ANIMALS UNFIT FOR USE BY
REASON OF AGE, DISEASE OR OTHER CAUSE. It shall be the duty of the Pound-
master, and he is hereby authorized pnd empowered to forthwith destroy
any animal lawfully impounded, which is by reason of age, disease or other
cause, unfit for further use, or is dangerous to keep impounded.
SECTION 15. ACCOUNTING OF SUMS COLLECTED. The Poundmaster shall
pay over to the City Treasurer all sums collected by him or it and by the
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Deputy Poundmaster pursuant to the terms of this Ordinance on or before
the lOth day of each month. The Poundmaster shall make a monthly report
to the Ci.ty Council of the City of Arroyo Grande of the Poundmaster's
and Deputy Poundmaster's proceedings relative to the powers and duties
bestowed and imposed by this and other ordinances of the City of Arroyo
Grande.
SECTION 16. LICENSE PROCEDURE.
(a) License Requirement. Every person owning or having control,
custody or possession of any dog within the limits of the City of Arroyo
Grande shall procure a license for each such dog over three (3) months
of age.
(b) Procurement of License Tags and Certificates. The City Clerk
of the City of Arroyo Grande is hereby authorized and directed to procure
each year, prior to the first day of January, 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 3lst day of December of the year, and
no longer.
(c) Issuance of Tags and Certificates. A metallic tag and license
certificate with corresponding numbers shall be furnished by the City
Clerk, or those appointed and vested with the powers and duties of Tax
Collectors, to any person, firm or organization enumerated in subsection
(a) hereof upon payment of the appropriate fee prescribed in subsection
(d) .
(d) Fees.
(I) The annual license fee for each male dog and each
spayed female dog shall be Two ($2.00) Dollars.
Before any license may be issued under the provisions
of this ordinance, for any spayed female dog, a
certificate in writing signed by some person duly
licensed to practice veterinary medicine or surgery
in the State of California described such dog and
certifying that such female dog has been spayed, shall
be exhibited to the Tax Collector.
(2) The annual license fee for each unspayed dog shall be
Three ($3.00) Dollars.
(3) The fees provided in Sections (I) and (2) above may
be increased or lowered by Resolution of the City
Council from time to time adopted.
(4) The full amount of such license tax shall be payable
for any fraction of such year.
(5 ) Duplicate Tags. Whenever a tag, issued for the then
current year by the City of Arroyo Grande has been
stolen or lost, the owner or possessor of the dog for
which the same was issued, may, upon the payment of
One ($1.00) Dollars to said City Clerk and upon making
and subscribing to an affidavit of such loss and
filing the same with the City Clerk of said City of
Arroyo Grande, receive a duplicate tag from the City
Clerk for the remaining portion of the then current
year. The provisions of this ordinance
(6) Non-Residents Tax.
shall not apply to any dog owned by or in the care
or charge of a non-resident of the City of Arroyo
Grande who is traveling through the City of Arroyo
Grande or temporarily sojourning therin for a period
period not exceeding thirty (30) days, nor to any dog
temporarily brought into the City of Arroyo Grande
for the exclusive purpose of being entered in a bench
show or dog exhibition, provided such dog is so entered
and not kept elsewhere in the City of Arroyo Grande.
(e) Fees, Time Limit. Each owner or person having charge, care of
control of a dog shall pay the required license fee within such time as
designated in the following schedule:
(1) Licenses shall be renewed and the fees due and payable
prior to February first of each year. On February
first a penalty of ($1.00) dollar shall be charged in
addition to the license fees, and thereafter collected
upon the issu('"ce of a renewal license.
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(2) License fees for the original licenses sho,ll be due
and payable wHhin thirty (30) days after any dog
within the corporate limits of the. City of Arroyo
Grande comes into the char'ge" care or control of any
(3) person within said City of Arroyo Gronde.
The City Clerk shall keep a record of the name of such
owner or person making payment of said license fee and
to whom a certificate and tag shall have been issued,
and the number and date of such certificate and such
tag. Such metal tag issued shall be securely fixed to
a collar, harness or other device to be worn at all
times by the dog for whom the registration is issued,
except while such dog remains indoors or in an enclosed
yard or pen.
(4) Age Limit. This section shall not be construed to
require the payment of a license fee or the securing
of a certificate or tag for any dog which is less than
three (3) months of age.
(f) Tag Must be Shown. No person shall fail or refuse to show to the
Poundmaster, the Deputy Poundmaster or any officer of
said City, the license certificate and the tag for any
duly registered dog kept or remaining within any home,
or upon any enclosed premises under his immediate
control
(g) Removal of Registration Tags. No unauthorized person shall remove
from any dog any collar, harness or other device to
which is attached a registration tag for the current
year, or to remove such tag therefrom.
(h) Counterfeiting Tags. No person shall imitate or counterfeit the
tags in this ordinance provided for, or use any
limitation or counterfeit of such tag.
(I) Requirement of Vaccination for Rabies. No license shall
be issued hereunder unless and until the applicant
therefor con produce a certificate from a licensed
veterinarian showing that the dog for which the
license is being sought has been vaccinated with a
Rabies vaccine approved by the County Health Department
of the County of San Luis Obispo, and that such
vaccination is at the time of the license application
fully effective for the purpose for which it was
administered.
SECTION 17. PERMITTING DOGS TO RUN IN PARKS, ETC. , FEMALE DOGS ETC.
It shall be unlawful for the owner or person having control of any dog to
suffer or permit the same, under any circumstances, to run at large in any
public park or public square, or in any school Or upon any school grounds;
or in any commercial district as defined by ordinance; or to suffer or
permi t any female dog to run a,t large while said dog is in season, and
every dog found running at large in violation of the provisions of this
section shall be immediately seized and impounded.
SECTION 18. IMPOUNDING AND QUARANTINE. It shall be the duty of the
Poundmaster, and of any officer of said City of Arroyo Grande to take up
all unlicensed dogs found in the streets, lanes, alleys, parks Or other
public places, or upon any vacant~occupied, or unenclosed lots, land or
premises within the corporate limits of the City of Arroyo Grande. When
such dog is taken up by an officer, he shall deliver him to the Poundmaster.
All dogs shall be impounded in the City Pound.
SECTION 19. RUNNING AT LARGE PROHIBITED.
(a) Dogs to be leashed. No person owning, having an interest in,
harboring or having charge, care; control, custody or possession
of any dog shall cause or permit such dog to be in or upon any
public street, alley or other public place or in or upon any
unenclosed lot or premises unless such dog be under restraint by
leash or chain or at "heel" beside a competent person and
obedient to that person's command, or confined with him in an
automobile.
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(b) Stray Animal. Every person except the Poundmaster of a Pound-
master taking up any stray animal or any such animal which is
running at large contrary to the provisions of this ordinance
shall within eight (8) hours therafter qive notice to the
Poundmaster or to the Chief of Police of:
(I) The fact that he has such animal in his possession.
(2) The complete description of such animal.
(3) 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.
(4) The place where such animal is confined.
Every such person and any person in whose custody such animal may,
in the meantime, be placed, shall deliver such animal to the Poundmaster
without fee or charge; and the Foundmaster shall hereupon hold and dispose
of such animal in the same manner as through such animal had been found
at large and impounded by him.
(c) Biting Animals to be Quarantined for Fourteen (14) Days. When-
ever it is shown that any dog or other animal has bitten any
person, no owner or person having custody or possession therof,
upon order of the Health Officer, shall fail p refuse or neglect
to quarantine such animal and keep it tied up or confined for a
period of fourteen (14) days, or shall fail, refuse or neglect
to allow th Health Officer or his deputies to make an inspection
or examination thereof at any time during said period. No such
dog or animal shall be removed without written permission of the
Heal~h ODticer or his deputies.
(d) Knowledge of Bite - Duty to Report. Whenever any person having
charge, care, control, custody or possession of any dog has
knowledge that such dog has bitten any person, the person having
charge ,care" .ontrol, custody or possession of such dog shall
report said fact forthwith to the Health Officer or his deputies.
The report shall state the name and address of the person bitten
and the time and place such person was bitten.
SECTION 20. REDEMPTION OF IMPOUNDED ANIMALS.
(a) Minimum Period of Impoundment - Sale. All animals impounded
at the City Pound shall be provided with proper and sufficient
food and water by the Poundmaster. Unless such animals shall
nave been redeemed wi thing three (3) days after being
impounded, they may be sold by the Poundmaster to the person
offering to pay the highest cash amount therefor, provided
that the purchaser shall not be given possession of any dog
or dogs until he shall have paid to the Tax Collector the
license fee or fees prescribed for such dog or dogs. If
any dog or other animal impounded by the Poundmaster, shall
not have been redeemed within said three (3) day period,
and cannot be sold within a reasonable time thereafter, it
may be kelled by the Poundmaster in a humane manner. The
Poundmaster shall file at the City Pound a full description
of each animal impounded therein for a period of at least
three (3) days beginning on the day any such animal is taken
or delivered into the possession of the Poundmaster.
(b) The owner of any dog at the time it is so impounded may, at any
time, within thirty (30) days after such sale, redeem the same
from such purchaser by paying him the amount of the purchase
price paid by him to the poundmaster, and in additon thereto the
sum equal to Fifty (50) Cents per day for the number of days
from the date of said to and including the date of such redemption.
(c) Notwithstanding any provisions in this ordinance to the contrary,
the agriculture code of the State of California, Division 3,
Chapter 5, shall be complied with in reference to estray bovine
animals, horses, mules or burros.
SECTION 2l. KENNELS - PET SHOPS - REGULATIONS.
(a) It shall be unlawful for any person, firm, corporation or assoc-
iation to erect, establich or maintain any kennel or pet shop as
defined in this ordinance without first obtaining a permit from
the Health Officer who shall take into consideration the type of
construction to be employed as it relates to sanitation and
manner in which animals, birds or fowl are to be housed, as well
as the character of the person, firm, corporation, or association
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making application, and such zoning regulations as may now be
in effect or adopted from time to time. The Health Officer may
appoint the Poundmaster as his agent and to act in his behalf
in investigating application for such permits. Upon approval
of the Health Officer or his designated agent aforesaid, the
Tax Collector upon the payment of an annual license fee of
$20.00 for the privilege of maintaining such kennel or pet shop,
shall issue to the applicant a license in such form as he may
prescribe and deliver a copy thereof to the Poundmaster. Such
annual license shall be for the fiscal year or any part therof
during which said kennel shall be maintained, and shall be due
and payable in advance on the first day of January of each year,
and shall expire on the thirty-first day of December of the same
year, provided the above mentioned permit has not been revoked.
(b) The provisions of this section requiring the payment of an annual
license fee, shall no't apply to an animal shelter maintained and
opera'ted by a society for the prevention of cruelty to animals
duly incorporated under Title I, Division 2, Part 4 of the
Corporations Code of 'the State of California.
(c) Revocation or Suspension - Grounds - Procedure. Any permit issued
hereunder may be revoked or suspended if, after due investigation,
the Health Officer or his designa'ted agent finds:
(1) That the permitee, his agen't, or employee, has been
convicted of any offense involving the violation of
Section 597 of the Penal Code of the Sta'te of California,
or any provision of this Article; or
(2) That the permitee, his agent or imployee, has, at the
place for which the permit was issued, failed to provide
any animal, fowl or reptile in his possession, care or
control, with proper and sufficient food, drink,
shelter or protection or subjected any such animal,
fowl or reptile to needless suffering, unnecessary
cruelty, or abuse; or
(3) That the permittee, his agent, or employee, has failed
to maintain the premises in a clean and sanitary con-
dition; or
(4) That the permi'ttee, his agent, or employee, has
violated any rule or regulation of the Health Officer.
The Health Officer may order an immediate suspension of any permit
granted under this Article for a period of Ten (10) Days; said
order shall set forth the finding of the Goard. The Health
Officer shall not revoke a permit granted under this Article
unless written notice of a hearing on said revocation is served
upon the owner, occupant, or other person, in charge of the
permittee's business, at least five ( 5) days before the hearing
by said Health Officer on the revocation of said permit. Where,
af'ter diligent search, such owner, or occupant, or person in
control cannot be found, a copy of such notice shall be mailed
to the permittee a't said place of business at least five (5) days
before the hearing on the revocation of said permit. No person
shall operate said business has been suspended or revoked. Any
person dissatisfied with the decision or order of the Health
Officer, may appeal such order or decision to the City Council,
bv filing a Notice of Appeal. Upon the filing of 'the Notice of
Appeal, the City Council shall hold a public hearing therein
within ten (10) days. During the period of said appeal and until
the Council has rendered its decision thereon, 'the decision or
order of the Health Officer shall not take effect. The decision
of the City Council on the appeal shall be final.
SECTION 22. LIVESTOCK OR WILD ANIMALS NOT, PERMITTED AT LARGE. No
person, coming or having control of any ox, steer, bull, cow, horse, colt
jack, mule, calf, sheep, goat or hog, or any animal commonly referred to as
a "wild specie" shall:
(a) Permit such animal to run at large in the City of Arroyo Grande, or
(b) Cause or permit any such animal to be pastured, herded, staked or
tied in any street, lane, alley, park, or other public piece, or
(c) Tie, stake or pasture or permit the tying, staking or pasturing
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of any such animal upon any private property within the limits
of the City of Arroyo Grande, 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
(d) Permit any of said animals to be or remain during the night time
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 be securely fastening such
animal by means of a rope or chain of sufficient strength to
restrain to some permanent object of sufficient size, strength
and weight to effectively restrain such animal, or
(e) Fail to provide the necessary sustenance, drink, shelter of
protection from the weather or otherwise.
SECTION 23. VICIOUS DOG - DANGEROUS ANIMAL - NUISANCE ABATEMENT.
(a) It shall be unlawful to permit any vicious dog or dangerous animal
to go unrestrained.
(b) The keeping or harboring of any dog, car or other animal or fowl
whether licensed or not, which by habitual howling, yelping,
barking, or other noise disturbs or annoys any considerable
number of persons or neighborhood is unlawful, and is hereby
declared to be a public nuisance and each day shall constitute
a separate offense.
(c) It shall be unlawful to suffer or permit any animal to trespass
on private or public property so as to damage or destroy any
.property or thing of value and the same is hereby declared to be
a nuisance and any such animal may be impounded by the Pound-
master .. Whenever it shall by affirmed in writing by 3 or more
persons having separate residences, or regularly employed in the
neighborhood that any animal is an habitual nuisance by reason
of respassing, howling, barking Or other noise or damage to
property, being vicious or by its actions potentially vicious or
in any other manner causing undue annoyance, the Poundmaster, if
he finds such nuisance to exist, shall serve notice upon the
owner or custodian that such nuisance must be abated.
SECTION 24. LEGALITY . If any section, subsection, sentence clause Or
phrase of this ordinance is for any reason held to be invalid or Uncons-
titutional by the decision of any court of competent jurisdiction, such
decision shall not affect the remaining portion of this ordinance. The City
Council hereby declares that it would have passed this Ordinance and each
section, subsection, sentence, clause and phrase thereof irrespective of
the fact that any other section, subsection, sentence, clause or phrase
therof has been declared invalid or unconstitutional
SECTION 25. All ordinances in conflict herewith are to the extent
they are in conflict herewith repealed.
SECTION 26. This ordinance shall take effect thirty (30) days after
its passage and within fifteen(15) days after its passage it shall be
published once in the HERALD-RECORDER a newspaper printed and circulated
in the City of Arroyo Grande, together with the namew of all councilmen
voting thereon. Lee
On notion of Councilman I seconded by Councilman Pence ,
and on the following roll call vote:
Ayes: Mayor Pro-Tem Pence, Councilmen Lee, and Hartwig
Noes: None
Absent: Mayor Burt, Councilman Jacobs
the foregoing Ordinance was adopted this 24th day of January , 1961.
ATTEST:
City Clerk Mayor Pro-Tem
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