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O 035 C.S. ... . ",. ..... . . . ORDINANCE NO, 35 C.S. AN ORDINANCE OF THE CITY OF ARROYO GRANDE AMENDING CHAPTER 1, TITLE 6 OF THE ARROYO GRANDE MUNICIPAL CODE RELATING TO THE ESTABLISHMENT OF A PUBLIC POUND AND PROVIDING FOR THE REGULATION OF ANIMALS WITHIN THE CITY OF ARROYO GRANDE. The City Council of the City of Arroyo Grande does ordain as follows: Section One: Chapter 1 of Title 6 of the Arroyo Grande Municipal Code, consisting of Section 6-1.01 through 6-1.39 are hereby repealed. Section Two: The following sections are hereby adopted as Chapter 1 of Title 6 of the Arroyo Grande Municipal Code to replace the repealed sections. Section 6-1.01 ESTABLISHMENT OF A PUBLIC POUND A Public Pound is hereby authorized and established and the same, and any branches thereof, shall be located and established at such place as shall be fixed from time to time by the City Council. Such Public Pound, or any authorized branches thereof, shall provide suitable buildings and en- closures to adequately keep and safely hold all such Dogs, Cats, Animals, Poultry, or Household Pets subject to be impounded by the provisions of this Ordinance. Section 6-1. 02 APPOINTMENT OF POUNDMASTER The office of City Poundmaster is hereby created. He shall be appointed by and serve at the pleasure of the City Council. It shall be the duty of the poundmaster and his duly authorized Deputies and employees to carry out the provisions of this Ordinance and all applicable statutes of the State of California and he shall thereupon have charge of the said Public Pound here- by authorized and established. The Poundmaster shall serve for such period of time and shall receive such compensation as shall be established by the City Council. The Poundmaster and his deputies shall qualify as humane officers pursuant to California Civil Code, Sec tion 607 (F) . Sec tion 6-1. 03 AUTHORITY AS PEACE OFFICERS The Poundmaster and any duly authorized deputies appointed by him shall, as provided in the State of California Civil Code, Section 607 (F), have the power of arrest in connection with the enforcement of any of the provisions of this Ordinance. The poundmaster and his duly authorized deputies shall have the power to issue citations pursuant to Section 6-1,49 hereof. Section 6-1. 04 BADGES The Poundmaster and his duly authorized and appointed deputies while engaged in the execution of their duties, shall each wear in plain view a badge having, in the case of the Poundmaster, the word "poundmaster" and in the case of the Deputy Poundmaster, the words, "Deputy Poundmaster", en- graved thereon. Any person who has not been appointed as provided herein- above, or whose appointment has been revoked, who shall represent himself to be or shall attempt to act as such Deputy Poundmaster shall be guilty of a misdemeanor. Sec tion 6-1. 05 RECORD OF POUNDMASTER The Poundmaster shall keep a record of the number, description and dis- position of all Dogs, Cats, Animals, Poultry and Household Pets impounded, showing in detail in the case of each, the date of receipt, the da te and manner of disposal, the name of the person reclaiming, redeeming or receiv- ing such Dogs, Cats, Animals, Poultry and Household Pets, the reason for destruction and such additional records as the City Council may from time to time feel necessary. Sec tion 6-1. 06 POUNDMASTER -- REPORTS The Poundmaster shall make a monthly report to the City Council, or as often as may be required by the City, of the actions, transactions and operations of the Public Pound. -1- --'---...'-.-.- r , . ~ . Sec tion 6-1. 07 UNNECESSARY NOISE No person shall keep, maintain, or permit on any lot or parcel of Land, any Dogs, Cats, Animals, Poultry or Household Pets, which by any sound or cry shall disturb the peace and comfort of any neighborhood, Section 6-1.08 ABATEMENT OF NOISE OR NUISANCE Whenever it shall be affirmed in writing by three (3) or more persons, living in separate dwelling units in the neighborhood that any Dog, Cat, Animal, Poultry or Household Pet is a habitual nuisance by reason of howling, barking, ot' other noise, or is in any other manner causing undue annoyance that shall constitute a public nuisance, and the Poundmaster, if he finds such pub lie nuisance to exis t, shall Serve notice upon the owner or custodian that such public nuisance shall be abated or the animal shall be impounded in a legal manner. If such nuisance and annoyance cannot be successfully abated and the poundmaster determines it necessary to impound such Dog, Cat, Animal, Poultry or Household Pet, he shall not permit the reclaiming or re- demption of such to the Owner or custodian unless adequate arrangements have been made by the owner or custodian to ensure abatement of the annoyance or public nuisance. Section 6-1. 09 OWNERS RESPONSIBILITY TO DISPOSE OF DEAD ANIMALS, DOGS, CATS. POULTRY AND HOUSEHOLD PETS It shall be unlawful for any owner or person who, having had the pos- session or control of any Animal, Dog, Cat, Poultry and Household Pet while alive to place the body of such Animal, Dog, Cat, Poultry, and Household Pet, after its death, or cause to permit it to be placed or to knowingly allow or permit the same to remain, in or upon any public road, highway, street, alley, square, park, school ground or other public place or in or upon any lot, premises, or property of another. Section 6-1.10 DISPOSITION OF DEAD ANIMALS, DOGS, CATS, POULTRY AND HOUSEHOLD PETS UPON REQUEST It shall be the duty of the Poundmaster upon the request of any owner of any dead Animal, Dog, Cat, Poultry, or Household Pet which was kept or maintained in the City immediately prior to its death, or upon the request of any person or persons discovering a dead Animal, Dog, Cat, Poultry or Household Pet upon his premises or upon any public road, highway, street, alley, square, park, school ground or other public place, or in or upon any lot or premises, to forthwith bury or dispose of the same in such manner as may be prescribed by the Health Officer. The Poundmaster may charge and collect fees for the transportation and disposal of such Animal, Dog, Cat, Poultry or Household Pet from the owner or person having had the possession or control of such if same can be ascertained. Sec tion 6-1. 11 DEFINITIONS (a) ANIMALS Whenever the word "Animals" is used herein it includes horses, ponies, mules, jacks, jennies, cows, bulls, calves, heifers, sheep, goats, swine, rabbits, and all other domestic or domesticated animals other than household pets. (b) POULTRY Whenever the term "poultry" is used it includes pigeons, ducks, geese, turkeys, chickens and all other domestic or domesticated fowl other than household pets. (c) HOUSEHOLD PETS Whenever the term "Household Pets" is referred to herein it in- cludes cats, dogs, canaries, parrots and other kindred animals and birds usually and ordinarily kept as household pets. -2- --------~,._--- ----~-.__..~,--_._.. .------. ---" ~ . . (d) DOG KENNEL A "dog kennel" is hereby defined to be any lot, building, structure, enclosure or premises whereon or wherein four (4) or more dogs, four (4) months of age or older, are kept or maintained for any purpose whatsoever except dogs kept for the purposes of herding livestock or hunting; provided, however, that if other animals or birds or fowl are bought, sDld or bartered, the classificatiDn to apply shall be that of a pet shop; and provided, further, that this definition of "dog kennel" shall not be construed as applying to a duly licensed veterinary hospital or any public pound" (e) PET SHOP A "pet shop" is hereby defined to be any lot, building, structure, enclosure or premises whereon or wherein is carried on a busi.ness of buying and selling or bartering birds, animals or fowl; but this definition shall not be construed as applying to the buying or selling of livestock, nor to the business or activities of a duly licensed veterinary hospital, nor to the business or activi- ties of any public pound" Sec tion 6-1.12 DOG KENNELS. PET SHOPS. REGULATIONS It shall be unlawful for any person, firm, corporation or association to erect, establish or maintain any dog kennel or pet shop, as defined in this Ordinance without first obtaining a permit from the License Collector" The granting of such permit shall be in the discretion of the Health Officer who shall take into consideration the type of construction to be employed as it relates to sanitation and manner in which the animals, birds, or fowl are to be housed, as well as the character of the person, firm, corporation, or association making application and such zoning regulations as may now be in effect or adopted from time to time. Every person, firm or corporation maintaining a dog kennel or pet shop shall post a notice in a conspicuous place where it may be seen outside the locked premises, a notice listing names, addresses and telephone numbers of persons who may be con- tacted in the event of an emergency. Sec tion 6-1. 13 DOG KENNEL. PET SHOP. PERMIT. REVOCATION THEREOF The permit for the maintenance and operation of a dog kennel or pet shop may be revoked at any time for cause when, in the opinion of the Health Officer, such dog kennel or pet shop is not being properly maintained or operated. Sec tion 6-1. 14 DUTY OF GENERAL PUBLIC It shall be unlawful for any person to resist, hinder, or obstruct the Poundmaster or any of his deputies or employees in the exercise of the duties as such Poundmaster. Any person who violates any of the provisions hereof declared to be unlawful, shall be guilty of a misdemeanor. Section 6-1.15 LIMITATIONS No person shall tie, stake, or pasture, or permit the tying, staking, or pasturing, of any animal upon any private property in the City without 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. All such animals shall be provided with adequate food, water and shelter or protection from the weather. All fences or enclosures used for the above purposes must be of such material and maintained in such manner as humane for the safety and pro- tection of such animals" Section 6-1.16 STRAY DOGS DEFINED A stray dog shall be any dog licensed or unlicensed, which is in or on any public road, highway, street, alley, square, park, school ground or other public place, or in or upon any lot, premises or property of another when not accompanied in the near vicinity by the person owning, having in- terest in, harboring, or having charge, care, control, custody or possession of such dog, Any stray dog shall be immediately seized and impounded by the Poundmaster. -3- '__m__._______ . - < Sec tion 6-1. 17 LEASH LAW It is unlawful for any person to suffer or permit any dog owned, har- bored, or controlled by him to be on any public street, alley, lane, park or place of whatever nature open to and used by the public in the incor~ porated area of the City unless such dog is securely leashed and the leash is held continuously in the hand of a responsible person capable of con.. trolling such dog, or unless the dog is securely confined in a vehicle, or unless the dog is at "heel" beside a competent person and obedient to that person's commando Dogs used on farms and ranches for the primary purpose of herding live~ stock are not required to be leashed or at "heel" beside their owrler or person controlling the use of said dogs while on a public street, alley, lane, or place of whatever nature open to and used by the public in the in- corporated area of the City while herding such livestock and as long as said dogs are obedient to the commands of the person controlling their use for this purpose. Dogs used for the primary purpose of hunting are not re- quired to be leashed or at "heel" while used in hunting as long as said dogs are obedient to the commands of the person controlling their use for this purpose. Section 6-1.18 DUTY OF POUNDMASTER TO PATROL AND ENFORCE REGULATIONS It shall be the duty of the Poundmaster to patrol the incorporated area of the City from time to time and without notice to the public for the purpose of enforcing the provisions of this Ordinance. Sec tion 6-1. 19 DUTY OF POUNDMASTER TO SEIZE AND IMPOUND STRAY DOGS It shall be the duty of the Poundmaster to seize and impound, in a lawful manner and subject to the provisions of this Ordinance, all stray or unlicensed dogs found within the incorporated area of the City of Arroyo Grande. Sec tion 6-1. 20 DOGS RUNNING AT LARGE Any dog found trespassing on any private property in the City of Arroyo Grande may be taken up by the owner or possessor of said property and delivered to the Poundmaster or detained on the property until picked up by the Poundmaster. Section 6-1. 21 DELIVERY TO POUNDMASTER BY PRIVATE PERSONS Every person taking up any dog under the provisions of this Ordinance and every person finding any lost, strayed or stolen dog shall, within 24 hours thereafter, give notice thereof to the Poundmaster and every such person in whose custody such dog may, in the meantime be placed, shall surrender such animal to the Poundmaster without fee or charge and the Pound- master shall thereupon hold and dispose of such dog in the same manner as though such dog had been found running at large and impounded by him. Sec tion 6- L 22 NOTICE OF IMPOUNDING DOG As soon as possible, but not later than 24 hours AFTER impounding ANY dog properly registered under the provisions of this Ordinance, the Pound- master shall notify the registered owner or person having control of the dog,by telephone, mail or orally that such dog is impounded and that it can be redeemed within three (3) days from the date of such impounding and unless redeemed the dog will be disposed of in any manner as provided by this Ordinance. Section 6-1. 23 REDEMPTION OF IMPOUNDED DOGS The poundmaster shall securely keep any dog impounded for a period of three (3) days unless the same be sooner reclaimed or redeemed by the owner or person having control thereof. The owner or person entitled to the cus- tody of the dog so impounded may, at any time before the sale or other dis- position thereof, during the office hours of the Pound, reclaim or redeem the same by exhibiting to the Poundmaster the license certificate or license tag showing that the license for such dog for the then current year has been paid and by paying the Poundmaster any charges provided for. -4- -------..- . . - Sec tion 6-1. 24 REDEMPTION FEES The owner or person entitled to the custody of a dog impounded shall pay the following fees, effective July 1, 1970, to the Poundmaster before such dog is released; 1. Registration or license fee for then current year unless sut,h fee has been previously paid and evidence of paid fee adequately ex~ hibited. 2, Impound fee of $5.00 for the first occasion of any dog impounded within a calendar year. 3. Impound fee of $10.00 for each subsequent occasion of any dog im~ pounded within a calendar year. Section 6.-1..25 SALE, GIFT, OR DESTRUCTION OF DOGS At any time after the expiration of said period of three (3) days, the Poundmaster may, without further notice, and without advertising in any manner, sell, give away or dispose of in a humane way any dog not reclaimed or redeemed as aforesaid. Section 6-1.26 INJURED AND DISEASED DOGS Every dog taken into custody by the Poundmaster which by reason of in- jury, disease or other good cause as determined by a licensed veterinarian as dangerous or inhumane to keep impounded, shall be forthwith destroyed by the Poundmaster in a humane manner unless the owner or person entitled to the custody of the dog can be notified by the Poundmaster within a reason- able period of time to arrange and provide for medical care. The Pound- master shall release such dog to its owner or person having control thereof upon payment of the redemption fees and other charges as provided in this Ordinance. However, if the licensed veterinarian determines that such dog is diseased and by reason of such disease is dangerous to persons or to other animals, or to the general health and welfare of the City, the Pound- master shall destroy said dog. Section 6-1. 27 CARE OF DOG WHILE IMPOUNDED The poundmaster shall provide all dogs in his custody with proper food and water, and shall give them all necessary care and attention. The Pound- master may establish fees not to exceed One Dollar ($1.00) per day to re- flect the costs incurred for the care of such dogs and may charge these fees at the time an impounded dog is redeemed by its owner or person having cus- tody or may charge these fees at such time an unclaimed dog is sold. Section 6-1. 28 VICIOUS AND DANGEROUS DOGS If any dog within the City of Arroyo Grande is determined by the County Health Officer to be vicious or dangerous to the safety of any person or persons, or if any such dog is known to have bitten any person or persons on at least three separate occasions the County Health Officer shall notify the owner or person having control of such dog to keep said dog in such manner as the Health Officer shall direct. If it is determined by the County Health Officer that such dog cannot be properly controlled by the owner or person having custody and no further arrangements can be made to ensure public safety, then the County Health Officer shall direct the Poundmaster to des- troy such dog in a humane manner. It shall be the duty of the owner or per~ son having control of such dog to surrender such dog to the poundmaster. Section 6-1.29 IMPOUNDING OF BITING DOGS Upon written notice by the County Health Officer, the owner or person having the control of any dog which has, within the preceding ten (10) days, bitten any person or animal shall, upon demand, and in the discretion of the County Health Officer, follow one of the following procedures: He shall either 1. Confine such dog to his own premises; or 2. Surrender such dog to the Poundmaster who shall impound and keep such dog at the public pound in a separate kennel for a period of not less than ten (10) days; or -5- ^"'"" . 3, Surrender such dog to a licensed veterinarian as designated by the County Health Officer; or 4, Surrender the dog to the Poundmaster for quarantine at any other location or facility designated and approved by the County Health Officer, If the dog is quarantined on the premises of the o,,"ler, the Poundmaster may post a quarantine sign on such premises, and it shall be unlawful for any person to remove the sign during the term of such quarantine without the consent of the County Health Officer, Any quarantine provided in this section shall be for a term of not less than ten (10) days unless otherwise specified by the County Health Officer. During the said period it shall be the duty of the County Health Officer, upon being notified by the Poundmaster that such dog has been impounded, to determine whether or not such dog is suffering from any disease. If a duly licensed veterinarian designated by the County Health Officer shall deter- mine that such dog is diseased and by reason of such disease is dangerous to persons or to other animals, he shall so notify the Poundmaster in writing, to destroy such dog. A copy of said notice may also be served upon the owner or person having control of such dog. If said veterinarian shall determine that such dog is not so diseased, the Poundmaster shall notify the person owning or having control of such dog at the address from which the dog was surrendered to the Poundmaster and shall, upon demand, release such dog to the owner or person lawfully entitled thereto, upon payment of any charges provided therefore, including expenses of quarantine and veterinary care; provided,however, that if no person lawfully en- titled to such dog shall within three (3) days after the date of giving said last mentioned notice, appear at the public pound and request the release of such dog, and pay said charges, such dog may be sold or destroyed by the Poundmaster in the same manner hereinbefore provided. Section 6-1. 30 SYMPTOMS OF RABIES Whenever the owner or person having the custody or possession of an animal shall observe or learn that such animal shows symptoms of rabies, or acts in a manner which would lead to a reasonable suspicion that it may have rabies, such owner or person having the custody or possession of such animal shall immediately notify the County Health Officer. The County Health Officer shall make or cause an inspection or examination of such animal to be made by a licensed veterinarian until the existence or non-existence of rabies in such animal is established by such veterinarian. Such animal shall be kept isola- ted in a pound, veterinary hospital, or other adequate facility in a manner approved by the County Health Officer and shall not be killed or released for at least ten (10) days after the onset of symptoms suggestive of rabies, after which time such animal may be released by the County Health Officer, provided the County Health Officer has first determined that said animal does not have rabies. If the County Health Officer determines that the animal does have rabies, the Poundmaster shall destroy said animal at the direction of the County Health Officer, The County Health Officer, or his duly authorized representative, is hereby authorized and empowered to enter in a manner authorized by law upon private property where any dog or other animal is kept, or believed by him to be kept, for the purpose of ascertaining whether such dog or other animal is afflicted or infected with rabies or other contagious disease. Section 6-1. 31 DOG REGISTRATION AND LICENSES Except as provided in Section 6-1.40 hereof, it shall be unlawful to own, keep or control any dog unless and except a license has been procured therefor as herein provided. This Section shall have no application to dogs under the age of four (4) months fastened securely by a rope, chain or leash, or confined within the private property of the owner or person having control of said dog. Sec tion 6-1. 32 DOGS -- VACCINATION REQUIRED It shall be unlawful for any person owning, harboring, or having the care, custody, or possession of any dog to keep or maintain such dog in any place in the corporate limits of the City of Arroyo Grande unless such dog has been vaccinated as provided herein. -6- ---.." ~ . - This Section shall have no application to dogs under the age of four (4) months, who are fastened securely by a rope, cha.in or lE:ash, or confined within the private property of the owner or person having control of said dog. Sec tion 6..1. 33 NO LICENSING WITHOUT VACCINATION The License Collector or Poundmaster shall not license any dog until it has been vaccinated with canine rabies vaccine by injection or other method approved by the County Health Officer during the time prescribed by State Law or the Rules and Regulations of the State Department of Public Health, unless the owner or person in possession of the. same submits a certificate from a licensed veterinarian issued within the preceeding sixty (60) days, stating that in his opinion the rabies vaccination would be likely to seri- ously injure the dog, Any dog so excepted from rabies vaccination shall be restricted to the enclosed yard of the owner or person in possession of the same except when held upon a rope, chain, or leash. Any violation thereof by the owner or person in possession of such dog shall be unlawfuL Section 6-1.34 VACCINATION PERFORMANCE Said vaccination shall be performed by a duly qualified and licensed veterinariano Said veterinarian vaccinating said dog shall issue to the owner or person in possession of said dog a rabies vaccination tag and a certificate of vaccination, which certificate shall include: (a) The type of vaccine used; (b) The date of vaccination; (c) Description of dog; (d) Serial number of rabies vaccination tag issued to dog; (e) Name and address of owner of dog; (f) Statement that dog is male, female or spayed female. A copy of this certificate shall be sent to the County Health Officer. Sec tion 6-1.35 REGISTRATION RECORD The License Collector and poundmaster shall annually maintain a record in which he shall, upon the application of any person owning or having the custody of any dog in the corporate limits of the City of Arroyo Grande and the payment to him of the registration fee hereby prescribed, register such dog by entering in the record its name (if any), its sex and general descrip- tion, the name of its owner or custodian, the number of the tag issued there- for, the date and the amount received for registration fee. Section 6-1.36 DOG TAGS Upon exhibition of the proper certificate of vaccination and payment of the license fee, there shall be delivered to the person making such pay- ment a metal tag with the number and year stamped or cut thereon, and the words "DOG TAG - City of Arroyo Grande" stamped thereon, which dog tag shall be securely fastened to a collar or harness which must be worn at all times by the dog for which the tag was issued. If the dog is exempted from vaccination, the dog tag shall have a distinguishing mark as evidence of such fact. Said tag, while attached to a dog's collar or harness, shall be prima facie evidence that the dog for which the same was issued has been licensed during the calendar year for which said tag was issued, and has been vaccinated. Section 6-L 37 ANNUAL REGISTRATION OF DOGS On the first day of January of each year, all prior registrations made under the provisions of this Ordinance shall be cancelled and all tags theretofore issued shall become null and void and of no effect and all dogs kept or permitted to remain in the City must be again registered. The new registration fee shall become due and payable on the First day of January of each year. -7- - --. Section 6-1.38 REGISTRATION AND LICENSE FEE The following fees shall be effective January 1, 1971, provided that the fees set forth in the preexisting law shall be applicable until said date. (a) For registering each male dog and each spayed female dog, the License Collector or Poundmaster shall collect and receive a fee of three ($3.00) dollars, and for registering each unaltered female dog he shall collect and receive a fee of four ($4,00) dollars. (b) A penalty of fifty cents (50~) per month shall be added for each month commencing March I of each year for late registration of any dog required to be registered pursuant to this Ordinance. (c) Regist~ation fees for young puppies must be paid within two (2) months after said puppies reach the age of four (4) months or the above penalties shall attach. (d) Any dog brought within the City after March 1 of each year shall be registered within thirty (30) days or said penalties shall attach from date of entry into said City provided that any dog which has a valid license from any other county or city within the State of California shall be so registered upon a fee of One Dollar ($1.00). (e) All registration fees collected after March 1 of each year shall include the penalty for late registration unless the dog owner signs a statement under penalty of perjury stating the date the puppy became of age or the date said dog was brought into the City. (f) At least once a month the City License Collector shall furnish a record of licenses issued by said License Collector to the Pound- master in order that the Poundmaster may maintain a record of all licenses issued in the City for the current year. (g) At least once a month the Poundmaster shall furnish a record of licenses issued by said Poundmaster to the City License Collector in order that the City License Collector may maintain a record of all licenses issued in the City for the current year. (h) All registration fees, fees for duplicate tags and penalties levied that are collected shall be accounted for and deposited in the City Treasury. Section 6-1.39 LOST TAG If the tag issued for any duly registered dog be lost or accidentally destroyed during the year it is issued, the owner or custodian of such dog, upon making proof to the satisfaction of the License Collector or Poundmaster of its loss or destruction, shall, upon payment of a fee of one qollar ($1.00), receive for such dog another tag; whereupon the License Collector or pound- master shall enter the number of the tag so issued on the' register and cancel the tag previously issued for such dog. Section 6-1.40 LICENSE EXCEPTIONS The provisions of this Ordinance requiring the licensing of dogs shall not apply to: (a) Dogs under the age of four (4) months if fastened securely by a rope, chain or leash, or confined within the private property of the owner or person having control of said dog; (b) Dogs owned by or in custody or under the control of persons who are non-residents of the City of Arroyo Grande travelling through said City or temporarily sojourning therein for a period not ex- ceeding thirty (30) days; -8- . - (c) Dogs brought into said City exclusively for the purpose of eater- ing the same in any dog show or exhibition, and which are a(;tually entered in and kept at such show or exhibition; (d) Dogs on sale in duly licensed pet shops or dog kennels. (e) Dogs under the ownership, custody and control of the owner of a dog kennel duly licensed under the provisions of this Ordinance, or his duly authorized employee or agent when such dogs are re- moved from su<:h kennel in the bonafide operation thereof for the purpose of exercise or training, provided that any such dog bear an identification tag attached to its collar, which tag shall set forth the name of the licensed kennel. A dog bearing su<:h identi- fication tag sha.ll be treated in all respects as any other dog in the event of its escape and subsequent impoundment. Section 6-1.41 LICENSE FEE EXEMPTIONS (a) All Seeing-Eye dogs and all dogs which have served with the Armed Forces of the United States of America during any period of actual hostilities must be licensed and vaccinated under the pro- visions of this Ordinance but their owners shall be exempt from the license fee as therein imposed, providing adequate evidence can be furnished at such time the license is issued; (b) Dogs used by any governmental agency for the purpose of law en- forcement must be licensed and vaccinated under the provisions of this Ordinance, but their owners shall be exempt from the license fee as therein imposed, providing adequate evidence can be furnished at such time the license is issued; (c) All dogs being raised and trained specifically for the purpose to perform as a Seeing-Eye dog must be licensed and vaccinated under the provisions of this Ordinance, but their owners shall be exempt from the license fee as therein imposed, providing adequate evi- dence can be furnished at such time the license is issued. Sec tion 6-1. 42 FAILURE TO FURNISH INFORMATION Any person owning or having the care, custody or control of any dog in the City of Arroyo Grande who willfully refuses, fails or neglects to fur- nish to the License Collector, poundmaster, Health Officer; or any of their duly qualified and authorized deputies or employees, the information neces- sary to properly license such dog, or who shall resist, hinder or prevent the Poundmaster, Health Officer or any of their duly authorized deputies or employees in the exercise of their duties or who fails, neglects or refuses to pay the license fee at the time and in the manner herein provided; or who violates any of the provisions of this Ordinance declared to be unlawful, shall be guilty of a misdemeanor. Section 6-1.43 COUNTERFEITING No person shall imitate or counterfeit such registration tags or rabies vaccination tags. Section 6-1.44 IMPOUNDING AND DISPOSITION OF STRAY OR ABANDONED CATS It shall be the duty of the Poundmaster to receive and impound all cats desired to be abandoned by their owners, or receive and impound all cats believed to have been abandoned by their owners. The Poundmaster shall provide proper care and attention, food and water, for all cats re- ceived and impounded and shall keep such cats for a period of three (3) days unless the same be sooner reclaimed or redeemed by the owner or person having control thereof. Such redemption may be made by paying to the Poundmaster any charges not to exceed one dollar ($1.00) per day for the care of said cats as imposed thereon. At any time 8.fter the expiration of said period of three (3) days, the Poundmaster may, without notice and without advertising in any manner, sell, give away, or dispose of such cats. Pro- vided, however, the Poundmaster may not sell, give away, or transfer title to any cats for any purposes as set forth in Section 6-1.25 of this Ordi- nance. -9- . ~ Section 6~1.45 ANIMALS AND POULTRY AT LARGE No person shall allow or permit ani.mals or poultry to run at La.rge upon any public street or place, or to trespass upon the property of ",wther, Section 6-1.46 UNSANITARY CONDITIONS No person shall keep upon any premises, any animals) po,ultry' en: houseo. hold pets in a foul, offensi.ve.;) obnoxious, filthy or unsan.it8,'ry ,-:.ofo.di.t:i.IJn. Section 6,"1.47 IMPOUNDING OF ANIMAh.~_<0l'!.Q P01!LTRY All animals and poultry if found running at large upon any public road, highway, street, alley, squaTe, park., 8,:hool ground or other publie place, or in or upon any lot, premises~ or property of another shall be impounded by thE PC'undmaster and provided w'!,tb proper care. 8.nd attenti.on~ food and watE::;r~ In all cases, the provision. of Divi sion 3 of the California Agri- cui tura,l Code ".::oneerning estray bovine animals~, horsE:s S' mules or burros shall be <compUed with, The pflu"..dmaster shall keep all animals aDd poultry for a period CP three (3) days unless the same be :sooner rEclai.med or re- deE.:l>2:d by the C/w'iier or perSG::1 having (;ontrol thereof ~ Such redemption by '~~he 01j;IH€:1' or person havi.ng :r:ontrol thereof, she.ll be made by signing an affidavit, under penalty of perjury, declaring ownership, or hy exhibiting proof of ownership to the satisfa.cti'>n of the Poundmaster and by paying to the Poundmaster any charges Imposed thereon. Upon such redemption being made 5) the Poundmaster shall release such animals ar.d poultry provided, how- ever, that in all cases any actual costs incurred by the Poundmaster for keeping such animals or the sum of one dollar ($1., 00) per day for the care of poultry must first be paId. ( Section 6-1.48 DISPOSITION OF IMPOUNDED lL~IMALS lL~D POULTRY At any time after the expiration of said period of three (3) days, the poundmaster may, without further notice, and without advertising In any manner, sell, give away, or dispose of in a humane manner, any animals or poultry not reclaimed or redeemed as aforesaid. Provided, however, the Poundmaster may not sell, giITe away, or transfer title to any animals or poultry for any of the purposes as set forth In Section 6-1.25 of this Ordinance. Section 6-1.49 POLICE POWERS The Poundmaster and all Deputy Poundmasters shall, upon appointment and during the tenure of their offIce, become and be vested with the powers and duties of police officers of the City, and each shall have the power, and it shall be their duty, to issue citations and make arrests for viola- tions of any of the provisions of this chapter. The Poundmaster shall e.n- force all of the laws of the City and State relating to the care, treatment~ and impounding of animals; provided, however, if the Poundmas ter shall be a firm, association, or corporation, neither it, nor any agent, employee, representative, or member t:hereof, unless duly appointed and qualified as a Deputy poundmaster, shall be vested with the powers or duties of a police offIcer of the City. If any person is arrested for violation of the provisions of this chapter and such person is not immediately taken before a magistrate as provided by Section 853.1 of the Penal Code of the State, the arre sting officer shall prepare in duplicate a. written notice to appear in court, containing the name and address of such person, the offense charged, and the time and place where and when such person shall appear in court. The time specified in the notice to appear shall be at least five (5) days after such arres t ~ The place specified in the notice to appear shall be. the court of the magistrate before whom the person would be taken if the requirement of taking an arrested person before a magistrate were complied with, or shall be an officer authorized by such court to receive a deposit of bail. The officer shall deliver one copy of the notice to appear to the arrested person, and the arrested person, in order to secure release, shall give his written promise to appear in court by signing the duplicate notice which shall be retained by the officer. Thereupon, the arresting officer shall forthwith release the person arrested from custody, ~10- .r ..;: ',. '.- {\ .....~, ;"') "", Io::;" " The officer shall, as soon as practicable, file the duplicate notice with the magistrate specified therein. Thereupon, the magistrate shall fix the amount of bail which, in his judgment, in accordance with the provisions of Section 815 of the Penal Code of the State, will be reasonable and suffi- cient for the appearance of the defendant and shall endorse upon th8 notice a statement signed by him in the form set forth-in Section 815a of the Penal Code of the State. The defendant may, prior to the date upon which he promised to appear in court, deposit with the magistrate the amount of bail thus set. Section Three: This Ordinance shall be in full force and effect thirty (30) days after its passage, and within fifteen (15) days after its passage it shall be published once, together with the names of the Council Members voting thereon, in the Five Cities Times-Press-Recorder. On motion of Councilwoman Thompson, seconded by Councilman Talley, and on the following roll call vote, to wit: AYES: Council Members Schlegel, Thompson, Wood, Talley and Mayor Levine. NOES: None. ABSENT: None. the foregoing Ordinance was passed and adopted this 25th day of August, 1970. ~~ tV L i/Vr-; YOR .,""~, ~~. CITY K I, Polly S. Miller, City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify that the foregoing Ordinance No. 35 C.S. is a true, full and correct copy of said Ordinance passed and adopted by the City Council of the CityofArroyo Grande at a regu- lar meeting of said Council held on the.25th day of August, 1970. WITNESS my hand and the seal of the City of Arroyo Grande affixed this 26th day of August, 1970. ~ of the City of Arroyo Grande City Cle (seal)