HomeMy WebLinkAboutORD 121ORDINANCE NO. 121
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF PALM DESERT, CALIFORNIA, PROVIDING
FOR THE LICENSING AND IMPOUNDING OF DOaSI
REGULATING THE KEEPING AND CONTROL OF DOGS
AND OTHER DOMESTIC ANIMALS; AND PROVIDING
FOR T[M CONTROL AND SUPPRESSION OF RABIF.S1
AND REPEALING ORDINANCES NOS. 39, 73, 86
AND 112.
The City Council of the City of Palm Desert, State
of California, DOES HEREBY ORDAIN AS FOLLOWS%
Section 1. 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.
IMPOUNDED. Having been recelnved into the custody of
any animal control center authorized under the provisions of this
ordinance.
CHIEF ANIMAL CONTROL OFFICER. Any person or any duly
authorized agent of any such person in charge of any animal control
center.
UNLICENSED DOG. Any dog for which the license for the
current year has not been paid, or to which the license tag for the
current year is not attached.
! DOG KENNELS AND PET SHOPS. The term dog kennel or pet
shop, as used herein (whether in the singular or plural) shall mean
any building, structure. enclosure or premises whereupon or within
which five (S) or more dogs are kept or maintained for any purpose
or reason whatsoever. The term does not include, nor is this
section applicable to dogs under 120 days of age.
VICIOUS DOG. 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.
ADMINISTRATION. The County Health Officer shall supervise
the administration and enforcement of the provisions of this ordinance
and of the laws of the State of California pertaining to the control
of dogs, and shall have charge of animal control center employees
and facilities.
AT LARGE. At large shall mean any dog, except a vicious
dog, which is off the premises of and not within the reasonable
control or call of the owner or person in charge thereof.
VACCINATION. Vaccination and vaccination against rabies
shall mean the inoculation of any dos 4 months of age or older with
canine chick -embryo origin modified live -virus rabies vaccine which
immunises for a period not to exceed 30 months or canine nerve
tissue killed -virus rabies vaccine which immunises for a period not
to exceed 18 months in a manner prescribed by the California Depart-
ment of Health, or any other vaccine for such purpose prescribed
by such Department.
:PAJmAENDED
anteo< G.............
ti r
r� It shall be unlawful for ainy person to own, harbor or
ate► dos 4 months of age or older within the incorporated area
oI he City for a period longer than 30 da�rs, unless there is
attached to such dos a valid license tag obtained from the Health
Officer or from any authorised agent designated by the City.
Section 1 Subject to the provisions of Section 3.1 of this
nance, a license shall be issued for each dog upon payment of
{ a license of $4.00 for each castrated male dog or spayed female dog,
accompanied by a certificate of a licensed veterinarian that said
animal is unable to reproduce, and $8.00 for each other dog. A license
shall be valid until the first day of October following issuance
and shall be renewed within 30 days thereafter.
In the event that a dog is brought into the incorporated
area of the City after the first day of October, or in the event that
a dog becomes 4 tsonthe of age following such date, the license fee
shall be calculated on a bi-annual prorated basis.
If an application for a license is made more than 30 days
after the date such license is required, the applicant shall pay an
additional fee of $4.00. If a valid license tag is lost or destroyed,
a duplicate thereof may be obtained upon submission of proof of
loss and upon payment of a fee of $2.00.
No fee shall be required for a license for any dog being
reared, trained or used as a guide dog for the blind if the dog is
in the possession and under control of a blind person or a bona fide
organisation having its primary purpose the furnishing and training
of guide dogs for the blind.
Whenever a licensed dog shall have died more than 3 months
before the expiration date of the license, the owner may return the
license tog, with a statement signed by a licensed veterinarian, or
i a declaration of the owner signed under penalty of perjury, that
S such dog is dead, giving the date of its death; the license shall
be canceled and % prorated credit on the fee, by full calendar
quarters of the original license period remaining after the death
of the dog, may be applied during said period on the license fee for
another dog acquired by such owner.
Section 3.1. The Health Officer shall issue a license
only upon presentation of a certificate of vaccination indicating
therein that the date of expiration of the vaccination immunity is
not earlier than the date of the expiration of the license being
issued or renewed.
Section 3.2. Each duly licensed veterinarian after
vaccinating any dog shall sign a certificate in duplicate, in
the form required by the Health Officer. He :hall keep one copy and
give one copy to the owner of the vaccinated dog. which owner shall
retain a copy in his possession.
Section 4. Every person engaged in the business of operating a
oog kennel or at shop shall obtain a permit from the Health Officer.
A permit shall be valid until the first day of October following
Issuance and shall be renewed within 30 days thereafter. The permit
fees, and the additional fees if an application for a permit is made
more than 30 days after the date such permit is required, shall
be as follows; and is not in lieu of the City Business License Taxi
.a.
F 3 to 10 do&s $23.00
additional ogrie $50.00
additional fee Coo
!0 or more dogs $100.00
additional fee 4.00
Application for a permit to operate a dog kennel or pet
shop shall be made in writing to the Health Officer not later than
tee (10) days after obtaining written verification from the City
Planning Department that.the operation of a dog kennel or pet shop
is in compliance with the City of Palm Dosert Zoning Ordinance.
After receipt of application, the Health Officer shall
make or cause to be made an examination of the dog kennel or pet
shop for which said permit is requested. No permit •ball be
issued, nor shall any permit be renewed, unless and until the dog
kennel or pet shop shall, in the opinion of the Health Officer,
satisfactorily meet each of the following conditions:
a. The dog kennel or pet shop conatructed, equipped and
maintained so as to continuously provide a healthful
and sanitary environment for the animals kept, or to be
kept therein.
b. There is adequate shelter from the elements and
sufficient space for exercise.
c. There is ample and healthful food and potable
water and adequate sanitary facilities for storage
of the same.
d. There is adequate drainage facilities and satisfactory
sanitary disposal of both natural precipitation and
animal wastes of all kinds.
e. There is adequate and effective means of control of
insects and rodents and such control is vigorously
maintained at all times.
,f. Living quarters of a house or home shall not be
considered adequate for a kennel or a pet shop.
Failure of the applicant for said permit to comply with
any one of the foregoing conditions shall be deemed just cause for
the denial of any permit whether original or renewal.
All dogs owned by the operator of a dog kennel or pet
shop shall be subject to the provisions of this ordinance upon attain-
ing the age of four (4) months. Personal pets that are kept in the
house must be licensed separately.
The sale of each dog by a kennel or pet shop before it has
attained the age of four (4) month- shall be reported on a form to
be furnished byy the Health Officer, which form shall include infor-
mation as to tha name and address of the person to whom the dog is
sold, a description of the do age of the dog, and such other
i
pertinent data as the Health gificer may require.
The Health Officer shall have authority to enter upon any
area or premises in which a dog kennel or pet shop is located for the
purpose of the enforcoment of this Ordinance.
-s-
s
The lWalth Officer may revoke soy permit issued pursuant
,to this Ordinance when he shall daterrine from aninspection that
any dog kennel or pat shop fails to meet all the conditions of Section
4 revocation or a permit shall be effective until all conditions
of section 4 have been stet and complied with to the satisfaction of
the Health Officer and written notice of this fact has been given to
the pormittee. Upon receipt of such notice the permit shall be deemed
In fall force end effect for the remainder of the original term for
Mhieh issued.
The Health Officer shall have the power, upon the giving of
ten days' notice by the United States mail to any permittee under this
section, to revoke any permit granted to a dog kennel or pet shop
operator for a violation of this ordinance.
No permit fee shall be required for a :of kennel or pet
shop maintained or operated by a nonprofit corporation formed pursuant
to Section 10400 et seq. of the California Corporations Code for the
prevention of cruelty to animals. With the exception of permit fees,
all other provisions of this Section 4 shall be applicable to any such
nonprofit corporations.
Section S. It shall be the duty of all peace officers, including
constables and permit within the County, to cooperate with and
assist the Health Officer and the Chief Animal Control Officer in the
enforcement of the provisions of this ordinance. All persons whose
duty it is to enforce the provisions of this ordinance are hereby
empowered to enter upon any private property where any dog is kept or
believed to i,e kept, for the purpose of ascertaining whether any
dog is harbcted in violation of any of the provisions of this ordinance.
Section 6. MIES OF OFFICERS.
It shall be the duty of peace officers of the County of
Riverside, marshals, constables and Chief Animal Control Officers:
a. To receive, take up, and impound:
1. Any dog found running at large in violation of
this ordinance or of any law of the State of
California.
2. • Any dog which is molesting any parson.
3. Any dog which is molesting or harassing animals,
birds, or pets upon the premises of any person.
b. To regularly and adequately feed, water, and otherwise
care for all dogs impounded under the provisions of this
ordinance, or to provide for such feeding and watering.
e. 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 said owner are known, and if
unknown, then the dog shall be impounded.
d. To follow the provisions of penal Code Section 597f
In humanely destroying or giving emergency care to
sick or injured dogs or cats.
e. To do and perform any other acts necessary to carry
out the provisions of this ordinance and of the laws
of the /tote of California relating to dogs.
-4-
n °M 6 it ihall be lowfui for any pperson to take up any dog
tl�e asweat0 theeChief AnimalltnControolsOfficeeinee and promptly to deliver
§Stioa_..7 DISPOSITION OF IMp0UNUD ANIMAL.
a. An impounded dog or cat may be redeemed upon payment
of a $10.00 fee for the first impoundment within a 12 month period,
upon ppayment of a $20.00 fee for the second impoundment within such
period, and upon payment of a $30.00 fee for the third or subsequent
3a�pouendment within such period. In addition, for each day that a dog
or cat has been impounded, there shall be a charge of $2.00. The fee
for destruction and disposal of any dog or cat, in accordance with the
rovisions of subsections (b), (c) and (d) of this section, shall be
2.30. These fees and charges shall be in effect until the Board of
Supervisors shall by resolution fix some other rate upon the basis of
cost thereof as determined by the County Auditor. Any dog 4 months
of age or older which has been impounded shall not be released from
Impoundment unless it is licensed in accordance with the provisions
of this ordinance.
b. Any officer acting under the provisions of this ordinance.
and impounding a licensed dog, shall give notice in person or by mail
to the last known address of the owner of the impounding of such dog.
If such dog is not redeemed within ten (10) days from the date of the
awing of such 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.
e. 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 (5) 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 if:
1. The dog is suffering from any incurable, dangerous
or contagious disease, providing a licensed veterinarian
shall certify. in writing, that such dog is so suffer-
ing; or,
2. It is an unlicensed vicious dog.
e. Any officer having in his custody any unredeemed im-
pounded doe, 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 choose; 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
accumulated charges as are provided in subdivision (a) hereof.
f. All of the provisions of Section 7 partaining to im-
pounded unlicensed dogs, except the licensing provisions thereof, shall
apply to impounded cats.
i Sggtigg _Sj. It shall be unlawful:
a. For the owner or person in charge thereof of any vicious
dog to fail, neglect, or refuse to keep posted in a conspicuous place
at or near the entrance to the Inches
on which said dog is kept, a
sign having letters at least 2 inches in width and reading "Beware of
Vicious Dog." No vicious dog shall be permitted to leave the promises
Of the owner or parson in charge thereof unless such dog is under the
immediate control and physical restraint of such owner or person.
-s-
U. f+olt MY person to interfere with, op
aeepose or resist any
K w=: etneer at prrsae rr#powered to enforce the provisions of this ordin-
e Ails such efficer or person is engaged in the performance of
bio #*ties as provided berein.
of, Por any person to teeiove an impounded animal from an
animal central ,?Inter without the consent of the officer in charge
theraof.
d. For the owner or person in charge of any dog, whether
licensed or unlicensed, to permit such dog to roam, stray or run at
large in or into, any portion of the incorporated area of the City
of falrr Desert.
Section 9. ISOLATION OF ANIMALS.
Whenever it is shown that any animal has bitten any person,
the owner or persons having the custody or possession thereof shall,
upon order of the Health Officer, quarantine it and keep it confined
at the owner's expense for a period of ten (10) days for cats and
dogs and fourteen (14) days for all other types of animals and shall
allow the Health Officer or his representative to make an inspection
or examination thereof at any time during such period. Animals quar-
antined must not be removed from the premises without permission of
the Health Officer. The Health Officer shall have the authority to
impound any animal at the owner's expense, if the owner fails or
refuses to confine said animal.
Section 10. If it shall be determined by the Health Officer, after
givingtheorder of quarantine mentioned in Section 9 hereof, that
the dog is a vicious dog, although not afflicted with rabies, the
Health Officer shall thereupon order the person who owns or has the
custody of the dog that until further order of the Health Officer,
he shall keep the dog securely fastened by chain, or securely confined
within private property, or keep the dog in such manner as the Health
Officer shall direct to prevent it from biting or having the oppor-
tunity 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 Ordinance.
Section 11. The Health Officer may, it 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 shall be unlawful for any person to remove a sign posted pursuant
to this section without permission of the County Health Officer.
Section 12. If it shall appear to the Health Officer that a dog or
otfiir�animal has rabies, he may destroy such animal forthwith, or hold
said animal for further examination for such time an he may consider
advisable.
Section 13. Whenever any animal shall be bitten by another animal
having rabies, or shows any symptoms of rabies, the owner or person
havinngg the possession of the animal shall immediately notify the
Realth Officer, and confine the animal, and keep it confined until it
is established to the satisfaction of the Health Officer that it does
not have rabies. The Health Officer 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.
Igetion 14. No person shall take a dog into the incorporated area of
the Ci�rf Palm Desert from any other city located within the County
in which rabies exists or has axisted within the preceding six (6)
months, nor bring a dog into the City of Palm Desert #ram any county
or sit and country in which rabies exists or has existed within the
preceding six (6) months.
060
r- :i fed 1s, Vhensvar the health Officer shall determine that an
spiewle or rabies 41xiste or is threatened, he shall have the authority
to take such vesture* as may be reasonably necessary to prevent the
spread of the disease, inciudi't the declaration of a quarantine against
wp or all anissats in any area a Riverside County as the Health Officer
.sy deterwine and define for a period of not more than one hundred
twenty Q20? days. An additional or extended quarantine period may
also be deelared if the same shall be deemed necessary by the Health
Officer for the protection and preservation of the public health, peace,
and safety. Any quarantine declared under the provisions of this
r Section other then as restricted herein. shall be upon such conditions
( as the Health Officer say determine and declare.
Section 13.1. In order to protect the public health from the hazards
or ratiles round to exist in skunks, :,quarantine is hereby imposed
to continue until released by the Health Officer, whereby it is pro-
hibited to trap or capture skunks for pets; to trap, capture or hold
skmike in captivity for sale, barter, exchange or gift; to transport
skunks from or into the City except by permit from the California
Department of Health pursuant to Title 17, California Administrative
Code. Section 2606.8.
Section 16. It shall be unlawful for any person to place upon or
attac to a dog, any false, counterfeit or unauthorized tag for the
purpose of evading the provisions of the Ordinance.
Section 17. The Board of Supervisors may enter into a written
aaggreement 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 main-
tain 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 provisions of this
ordinance in the manner herein prescribed.
I
Section 18. Any person violating any of the provisions of this ord-
nani ce aFaT1 be guilty of an infraction and upon conviction thereof shall
be punished by (1) a fine not exceeding $50.00 for the first violation;
(2) a fine not exceeding $100.00 for the second violation within 1 year;
(3 a fine not exceeding $250.00 for each additional violation within
1 year. A violation for failure to obtain a license for a dog shall be
dismissed by the Clerk of the Court or by the Court when the person
charged for the violation produces in Court a valid license procured
not more than ten (10) days after the date of the violation.
Section 19. That Ordinances Nos. 39, 73, $6, and 112 of the City
or Palm Ws-ert be and the same are hereby repealed.
The City Clark of the City of Pala Desert, California.
is hereby directed to cause this Ordinance to be published once
within fifteen (15) days of adoption in the Pals Desert Post, a
i newspaper published and circulated within the City of Pals Desert,
' California.
070
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AMOM uad A>]oP= We Vth dar of ,.,Oby
16"t by the tolloving vote.
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kPI ON Nalilns, Neobrander, Seidler i lush
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USH, MAYOR
HMV L.—HURLBUIrr, City Clerk
City of Pala Desert. California