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O 150 , \ . ; . 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. \ " \ _.,-_.._- ~ . . . (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 -----,,------ ---, -_._..._~-_.~._.,. .-.. . < . 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. ~ . (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. ",., --< . . (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 - - ........ , . 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 --- - - 4., . . . . 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 - --- -..-