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HomeMy WebLinkAboutORD 113ORDINANCE NO. 113 An Ordinance of the City Councii•of the City of Pale Desert. California. prohibiting the Running at Large of Domestic Fowls or Domestic Animals other than Dogs or Cats and providing for their topounding The City Council of the City of Palm Desert, California, HOES HERABY ORDAIN AS FOLLOWS: Section 1. OKFINtTiONS. :Whenever in this Ordinance the words herein are used they s a ave the respective meanings assigned to them in the following definitions: a. "Animal" includes any domestic bovine animal. horse, mule. burro. sheep. goat, swine or other domestic mammal except a dog or cat. b. "Fowl" includes any chicken. duck, turkey, goose or other fowl. c. "Health Officer" means the Health Officer of the County of Riverside or his designated representatives. d. "At Large" means off the premises of, and not under physical restraint by, the owner or other person having charge of an animal. Section 2. ANIMALS OR FOWLS AT LARGE PROHIBITED. C No person owning or having charge of any animal or fowl shall permit same to be at large on any highway, street. side- walk, lane. alley or other public place. or upon any private property other than that of the person owning or having charge of such animal or fowl unless such owner or person having charge of such animal or fowl has the consent of the private property owner. Section 3. EXEMPTION. This Ordinance shall not prohibit leading, riding or conducting animals under supervision along a.public highway. Section b. IMPOUNDING ANIMALS. It shall be the duty -of the Health Officer to take up and impound all animals found'at large upon any highway, street, sidewalk, lane. alley or other public place, or upon any private property with- out its owner's consent. The Health Officer may contract with any ;:room to keep, food and care for any such animal at reasonable rates for not 'ors than twenty (20) days. Section S. DISPOSITION OF ANIMALS RABID OR DISABLED. It it shall appear to the Health Officer from the report of a licensed veterinarian or other qualified person that an animal is afflicted with rabies, he shall humanely destroy such animal, and shall take such other action as way be required by low and as he deems necessary to prevent the spread of such disease. He may humanely destroy say sick, disabled, infirm: or crippled anismal found at large it he is namable to identify and locate this owner. -1- 0; r' 9etttok1L—DISM MON Of bMft ANIMALS. RORStS. MULES It the 1le61th Officer i ound$ any bovine animal, horse, auto or burro, and if such animals not reclaimed within five (S) days thereafter, the Health Officer shall notify the State Director of Agriculture in accordance with the provisions of Agricultural Code Section 17003. If the Director of Agriculture does not, within five (S) days after notice, elect to dispose of any horse, mule or burro, then the Health Officer shall ,,all such animal in accordance with this Ordinance. Section 7. DISPOSITION OF OTHER ANIMALS. If any animal other thena-domestic bovine animal, horse, mule or burro and except an animal afflicted with rabies, impounded by the Health Officer, is not reclaimed within two (2) days thereafter, it shall be sold by the Health Officer after giving notice of sale in accordance with Section g of this Ordinance. Section B. NOTICE OF SALE. The notice of sale shall contain a description of the animal, including any identifying marks or brands; the date and place where the animal was taken up; and the time and place of sale. At Least five (S) days prior to the sale of any impounded animal, the health officer shall cause a copy of the notice to be published in a newspaper circulated in the area where the animal was found, and shall mail a copy of the notice to the owner or person entitled to possession of the animal at his residence or place of business,'if known. Section 9. SALE OF ANIMALS. At the time and place set forth in the notice of sale, the Health Officer shall sell the impounded animal at public sale, to the highest bidder, for cash. If no bid is offered for such animal, the Health Officer may sell such animal at private sale or humanely des- troy such animal, or otherwise dispose of it as permitted by law. Section 10. PROCEEDS OF SALE. The proceeds of such sale, after first deducting fees and charges of the Health Officer including costs of sale, shall be paid by the Health Officer to the County Treasurer who shall pay them over to the over of such animal -sold if claimed within one year thereafter. If not so claimed, they shall be transferred into general funds of the County. Section 11. REDEMPTION OF ANIMALS BY THE OWNER. The owner or person entitled to possession of any animal impounded, may at any time before the sale or other disposition thereof, redeem the same by paying the Health Officer all fees and charges thereon. Section 12. COST OF REDEMPTION. The Health Officer shall charge and collect from each per- son redeeming an impounded animal an impounding fee of $10.00. plus the actual costs of transporting and maintaining the animal while im- pounded including costs of sale incurred. ._. 1 t Y liCtioa 13, PENALTY My parson violating the provisions of this Ordinance shall !C2)!8;*rC:3 ofan infraction sadupon conviction thereof shall be haby(1) a fine not exceeding $S0.00 for the first violation; not exceeding $100.00 for the second violation within one ) a fine not exceeding $250.00 for each violation within one 7Nr The City Clark of the City of Palm Desert, California is herby directed to cause this Ordinance to be published once within fifteen (15) days of adoption in the Palm Desert Post, a newspaper published and circulated within the City of Palm Desert, California. PASSED, APPROVED AND ADOPTED, this 2rth• day of March , 1976, by the following vote: AYES: McPherson, Mullins, Newbrander, Seidler, S Brush NOES: None ASSENT: None C: NOEL RUSH, M R ATTEST: City Clark City of Pals sort, California