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HomeMy WebLinkAboutORD 39•• ' r, A `� . • rA'. ORDINPAM106 BY AN O1:DnU N= Or r,18 CITY . IMMIL OP THE CIT't OF TAU1 VUSEWe CALIFOR14I4, pATED: _!+�.:.7.�..... ....... PRO 70MG FOR TIM LIMNS!NG AND IM— POI:NDINn OF AOGG r RWPUTATING TIM XSEPING AI40 CONTr.7L OF DOGS :DNA OTI DOMESTIC ANIt%ulL.� l A2iA PROVIDIISG FO=02!)1NANGE# MM COY' M AND bilr-MESSION OF ir)i8I..................The City Couaeil of the City of Palm Des... DOES HSREB7 ORDIAN as follows: SXCTION 1. Generally. Whenever, in this ordinance, the following terms are used, they shall have the meaning ascribed to them in this section unless it is apparent from the context thereof that some other meaning is intended. (a) Administration. The city council shall appoint a person or shall contract for service with the County of Riverside for the health officer to supervise the adminis- tration and enforcement of the provisions of this eretinance and of the laws of the State of California pertaining to the control of dogs, and who shall have charge of pound employees and facilities. (b) Commercial kennel. "Commercial kenno)." means any place where five or more dogs are kept for the: purpose of boarding, breeding, training, marketing, or kept for hire. (e) Impounded. "Impounded" means having been received Into the custody of any pound authorized under the provisions of this ordinance. (d) Owner. Any person keeping or harboring, or having custody or control over any dog for thirty consecutive days shall be deemed to be the owner of such dog within the meaning of this chapter: except a veterinarian duly licensed mA practicing as such and having in his possession or control a dog or dogs for the purpose of treatment or care. (e) Person. "Person" includes a firm, partnership, corporation, truat or any association of persons. Page 1. At PC ni�mant.er. "Poundmanter" meanp Rny person of any duly authorized agent of any such person in charge of any pound. (g) Unlicensed dog. "Unlicensed dog" means any dog for which the license for the current year has not been paid, or to which tho license tag for the current year In not attached. (h) Vaccination. "Vaccination" and "vaccination against rabies" mean the inoculation of a dog at four months of age or older with canine chick -embryo origin modified live -virus rabies vaccine or canine nerve tissue killed - virus rabies vaccine in a manner prescribed by the California State Department of Public :;ealth, or any other vaccine for such purpose prescribed by such department. (i) Vicious dog. "Vicious dog" means any dog which has bitten a person or animal without provocation or which has a disposition or propensity to attack or bite any person or animal. SECTION 2. Required. It is •inlawful for any person to own, harbor, or maintain any dog over the age of four months within the incorporated area of the city for a period longer than thirty days, unless there is attached to such dog a current license tag obtained from the authorized person or agency designated by the city council by contract. SECTION 2.1 Fees. A license for each dog shall be issued upon the payment of a fee of four dollars per spayed male or female animal and a fee of eight dollars per unspayed male or female animal. A license shall be effective until the first day of October following issuance and shall be renewed within thirty days after each first of October. Every dog attaining the age of four months shall be immediately subject to all of the provisions of this chapter. If an application is made more than thirty days after the date such license is required, the applicant shall pay Page 2. an additional fee of two dollars. It is the intention of this city council that the authorized person or agency designated by the city coma :l may waive such additional fee during the month, to encourage vaccination as a measure to prevent the spread of rabies. In the event that a dog is brought into the incorporated area of the city after October 1, or in the event that a dog becomes four months of age following such date, the license fee shall be calculated on a pro rats basis by quarters. If a license tag for an individual dog is lost or ; destroyed, a duplicate thereof may be procured from the authorized person or agency designated by the city council, upon submission of proof of loss, and upon the payment of the sum of one dollar. No fee shall be required for a licese for any dcg being reared, trained or used as a guide dog for the blind if the dog is in the possession and under contr;l of a blind person_ or a bona fide organization having as its primary purpose the furnishing and training of guide dogs for the blind. SECTION 2.2. Requirement for issuance. The authorized person or agency designated by the city council shall issue a dog license or a renewal thereof and tag only upon presen- tation of a valid certificate of vaccination, or other satisfactory evidence, indicating that the period of time elapsing from the date of vaccination to the date of expiration of the license being issued or renewed does not exceed thirty months in the case of vaccination with chick -embryo rabies vaccine or eighteen months in the case of vaccination with nerve -tissue rabies vaccine. SECTION 2.3. Vaccination compulsory. It is unlawful for any person to keep or harbor a dog which has not been vaccinated for rabies, am '.he authorised person or agency Page 3. designated by the city council shall capture and impound any dog over four months of age Pound within the incorporated area of the city which is not wearing both a current vacci- nation tag issued by a licensed veterinarian and a city license tag. Every person in the incorporated area of the city who owns or harbors any dog or dogs over four months of age for periods in excess of periods provided herein shall have such dog"or dogs vaccinated against rabies as provided in this section by a duly licensed veterinarian of his choic:4, and such vaccination shall be renewed at intervals of twelve months from the date of the last vaccination if nerve -tissue vaccine is used or twenty-four months from the date of the last vaccination if chick -embryo vaccine is used. SECTION 2.4. Duty of person performing vaccination. Each duly licensed veterinarian after vaccinating any dog shall sign a certificate in quadruplicate in the form required by the authorized person or agency designated by the city council. He shall keep one copy and shall give one copy to the owner of the vaccinated dog, which owner shall retain a copy in his possession. He shall file the other copies with the authorized person or agency designated by the city council. He shall also deliver to the owner of the dog a tag as evidence of such vaccination, which tag shall be made of durable metallic material suitable to be attached to the colar or harness of the dog and shall state the date of vaccination thereon. Every owner of a dog shall attach the tag given him by the veterinarian to the collar or harness of the vaccinated dog. SECTION 2.5. When vaccination provisions operative. The provisions of this ordinance for the control of rabies shall be operative for all dogs except those currently Page 4. licensed in accordance with section Y and for such licensed dogs on renewal of the current license, but not later than October 1, 1974. SECTXCH 3. Citizen's impounding made unlawful. It is lawful for any person to take up any dog running at large in violation of this title and promptly to deliver the same to the poundmaster. SECTION 3.1. Disposition of impounded animal. (a) An impounded dog may be redeemed by payment of the sum of th.&ee dollars pound fee, plus fifty cents for each day the dog has been impounded. Any dog over the age of four months which has been impounded shall not be released from the pound unless it is licensed in accordance with the provisions of this title. (b) Any officer acting under the provisions of this title, and impounding a licensed dog, shall give notice in person or by mail to the last known address of the owner, within ten days from the date of the giving of *uch notice, the officer having custody of the dog shall dispose of it in accordance with the provisions of subdivision (e) of this section, or shall destroy such dog. (c) Upon impounding an unlicensed dog, the officer shall give notice to the owner, if known, of the impounding of such dog. If such dog is not redeemed within five days after such notice has been given, the officer shall dispose of such dog in accordance with the provisions of subdivision (e) of this section, or shall destroy such dog. (d) The officer having custody of any impounded dog may; by humane methods, summarily destroy the same ifr (1) The dog is suffering from any incurable, dangerous or contagious disease, providing the authorized person or agency designated by the city council or a licensed Page 5. veterinarian shall certify, in writing, that such dog is so suffering# or, (2) It is an unlicensed vicious dog. (a) Any officer, having in his custody any redeemed impounded doge, may release the same to any adult person who will pay the pound fees and charges, or to a humane society, organized under the laws of the State of California for the prevention of cruelty to animals, for such disposal as the humane society may chooses provided, however, that if the humane society intends to sell or place the dog, the society shall pay to the impounding officer the pound fee and accumu- lated charges as are provided in subdivision (a) of this section. (f) All of the provisions of this section pertaining to impounded unlicensed dogs, except the licensing provisions thereof, shall apply to impounded cats, wild animals and to domesticated wild animals. SECTION 4. Certain acts made unlawful. It is unlawful: (1) For the owner of any vicious dog to fail, neglect, or refuse to keep posted in a conspicuous place at or near the entrance to the premises on which said dog is kept, a sign having letters at least two inches in width and reading "Beware of Vicious Dog." It is unlwaful for the owner of a vicious dog to permit such dog to run at large at any time; (2) For the owner or person in control of any dog to permit such dog to run at large in any public park or public building or upon any public school grounds, or near any bus stop, or to permit a female dog in heat to run at large at any 'time # (3) For any person to interfere with, oppose or resist any officer or person empowered to enforce the provisions of Page 6. this title while such officer or other person is engaged in the performance of his duties as provided in this title, (4) For any person to remove any impounded animal from the city pound without the consent of the officer in charge thereof$ (5) For any person knowingly to violate any of the provisions of this titles (6) For the owner or person in control of any dog, whether licensed or unlicensed, to permit such dog to stray or run at large in, or into, any portion of the incorporated area of the city. A dog securely leashed on a leash not over twelve feet in length and under the control of the owner or person in charge thereof and a dog confined within the property of the owner or person in charge thereof by means of a fence or other effective enclosure, or within a vehicle, is not a dog running at large; (7) For any person to keep or harbor more than four cats, other than kittens under the age of three months, upon any residential premises of less than one acre. SECTION 4.1. Unauthorized tag. It is unlawful for any person to place upon or attach to a dog, any false, counter- feit or unauthorized tag for the purpose of evading the provisions of the title. SECTION 5. Owner to confine dog upon order --Examination. Whenever it is shown that any dog has bitten any person, the owner or persons having the custody or possession thereof shall, upon order of the authorized person or agency designated by the city council, quarantine it and keep it tied up or confined at the owner's expense for a period of fourteen days and shall allow the person or agency designated to make an inspection or examination thereof at any time during such period. Dogs quarantined must not be removed from the Page 7. prhaises without permission of the authorized person or agency designated by the city council. The person or agency designated shall have the authority to impound any dog at the owner's expense, if the owner fails or refuses to confine the dog. SUCTION 5.1. Special requirements for vicious dog. If It shall be determined by the authorized parson or agency designated by the city council, after giving the order of quarantine mentioned in Section 6, that the dog is a vicious dog, although not afflicted with rabies, the person or agency designated shall thereupon order the person who owns or has the custody of the dog that until further order of authorized person or agency designated by the city council, he shall keep the dog securely fastened by chain, or securely confined within private property, or keep the dog in such manner as said person or agency designated shall direct to prevent it from biting or having the opportunity of biting any person. Failure to do so on the part of the owner or person having custody of the dog shall constitute a violation of this title. SECTION 5.2. Warning sign of quarantine. The authorized person or agency designated by the city council may, in his discretion, post or cause to be posted an appropriate sign on any premises where a dog has been quarantined pursuant to this ordinance to warn the public of the fact. It is unlwaful for any person to remove a sign posted pursuant to this section without permission of the authorized person or agency designated by the city council. . SECTION 5.2, Disposition of animal bitten by rabid animal. Whenever any animal shall be bitten by another animal having rabies, or shows any symptoms of rabies, the owner or person having the possession of the animal shall immediately notify the authorized person or agency designated by the city page 6. cinncil• and confine the animal and Beep it confined until It is established to the satisfaction of the authorized person or agency designated by the city council, that it does not have rabies. The person or agency designated shall have the power to quarantine any such animal, or impound it at the owner's expense if the owner or person having possession thereof shall fail to confine such animal immediately, or in case the owner, or person having the possession thereof is not readily accessible. SECTION 5.3. Entry of dog from rabid area denied. No person shall take a dog into the incorporated area of the city from any city located in Riverside County in which rabies exists or has existed within the preceding six months, not bring a dog into the incorporated area of the city from any other county or city and county in which rabies exists or has existed within the preceding six months. SECTION 5.4. Preventive measures authorized during threatened or actual rabies epidemic. Whenenver the authorized person or agency designated by the city council shall determine that an epidemic of rabies exists or is threatened, he shall have the authority to take such measures as may be reasonably necessary to prevent the spread of the disease, including the declaration of a quaran- tine against any or all animals in any area in the city as the authorized person or agency designated by the city council may determine and define, for a period of not more than one hundred twenty days. An additional or extended quarantine period may also be declared if the same shall be deemed necessary by the person or agency designated, for the protection and preservation of the public health, peace, and safety. Any quarantine declared under the provisions of this section other than as restriced in this section shall Page 9. I be upon such conditions as the person or agency designated way determine and declare. 8NCTION 6. Authority. Any officer or employee of the city has the right to enter upon said property as the right -of entry is specifically set forth in Chapter 1.12 of this code, for the purpose of enforcing this chapter. M=ZON 6.1. butier of officers. It shall be the duty of all authorised law enforcement officers of the city and of every authorised person or agency designated by the city council: (1) To receive, take up, and impound: (A) Any dog found running at large in violation of this title or of any law of the State of California, (B) Any dog which is molesting any person, (C) Any dog which is molesting or harassing animals, birds or pets; (2) To regularly and adequately feed, water and otherwise care for all dogs impounded under the provisions of this title, or to provide for such feeding and watering; (3) To investigate the condition and behavior of any dog which he has reason to believe is vicious or dangerous and if he finds such dog to be vicious in its habits, he shall report his findings in writing, either in person or by mail, to the owner of such dog if the name and whereabouts of the owner are known, and if unknown, then the dog shall be impounded; (4) To impound, or humanely destroy and make proper dispositions of the carcasses of dogs which are injured upon the highways, when the opinion of the officer, such destruction is necessary and humane. Should an injured or destroyed dog be an indentified dog, then the owner of the dog shall be notifsed of its destruction, either in person or by mail; page 10. (5) To do and perform any other acts necessary to Carry out the provisions of this ordinance and of the laws Of the State of California relating to dogst (6) To receive, take up, and impound any sick or injured cat whose owner is unknown or unidentified; to humanely destroy any such injured cat when, in the opinion of the officer, such destruction is necessary and hwunet and to make proper disposition of dead cats. SECTION 7. Generally. The city council way enter into a written agreement or agreements with any veterinarian licensed by the State of California, or any organized humane society or association, which will undertake to carry out the provisions of this ordinance and maintain and operate a pound and license, take up, impound and dispose of animals. Any such veterinarian or society or association which shall enter into an agreement shall carry out all the previsions of this title in the manner prescribed in this ordinance. SECTION 8. Failure to license. A charge for failure to obtain a license for an individual dog shall be dismissed by the clerk or judge of the court when the person charged produces in court a valid license procured not more than ten days after the date of the citation. In the event the failure continues more than ten days, such violation shall be punishable by a fine not exceeding twenty-five dollars or by imprisonment in the Riverside County jail for not more than three days or by both such fine and imprisonment. SECTION 9. The City Clerk of the City of Palm Desert, California, is hereby directed to cause this ordinance to be posted in three public places, in accordance with Resolution no. 74-17 and Section 36933 of the Government Code of the State of California. Page 11.