HomeMy WebLinkAbout08/12/2019
B A K E R S F I E L D
Staff: Committee Members:
Jacqui Kitchen, Assistant City Manager Councilmember, Chris Parlier – Chair
Councilmember, Andrae Gonzales
Councilmember, Jacquie Sullivan
Special Meeting of the
Legislative and Litigation Committee
of the City Council – City of Bakersfield
Monday, August 12, 2019
12:00 p.m.
City Hall North, First Floor, Conference Room A
1600 Truxtun Avenue, Bakersfield CA 93301
A G E N D A
1. ROLL CALL
2. ADOPT MARCH 18, 2019 AGENDA SUMMARY REPORT
3. PUBLIC STATEMENTS
4. DEFERRED BUSINESS
A. Committee Discussion and Recommendation Regarding Breeder
Permits – Iger
5. COMMITTEE COMMENTS
6. ADJOURNMENT
B A K E R S F I E L D
Committee Members
Staff: Steve Teglia Councilmember, Chris Parlier, Chair
Assistant City Manager Councilmember, Jacquie Sullivan
Councilmember, Andrae Gonzales
SPECIAL MEETING OF THE
LEGISLATIVE AND LITIGATION COMMITTEE
Monday, March 18, 2019
12:00 p.m.
City Hall North, First Floor, Conference Room A
1600 Truxtun Avenue, Bakersfield, CA 93301
AGENDA SUMMARY REPORT
The meeting was called to order at 12:00 p.m.
1. ROLL CALL
Committee members Present:
Councilmember, Chris Parlier, Chair
Councilmember, Andrae Gonzales
Councilmember, Jacquie Sullivan
City Staff:
Alan Tandy, City Manager
Steve Teglia, Assistant City Manager
Brianna Carrier, Administrative Analyst III
Nathan Gutierrez, Management Assistant
Nelson Smith, Finance Director
Tessa Andrews, City Treasurer
Jacqui Kitchen, Development Services Director
Ginny Gennaro, City Attorney
Richard Iger, Deputy City Attorney
Jason Matson, Police Captain
Julie Johnson, Animal Control Executive Director
Sandra Alvarez, Senior Animal Control Officer
Tammy Davis, Animal Control Supervisor
Others Present:
Members of the Public
/s/ Steve Teglia
____________________________________________________________________________________
S:\Council Committees\2019\Legislative and Litigation\03_March\March 18 ASR.docx
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ST:mc
2. ADOPT MARCH 19, 2018 AGENDA SUMMARY REPORT
The Report was adopted as submitted.
3. PUBLIC STATEMENTS
There were no public statements.
4. NEW BUSINESS
A. Discussion Regarding Breeder Permits – Teglia
Assistant City Manager Teglia provided a Power Point presentation summarizing the
City’s Animal Control activities and the existing animal related Bakersfield Municipal
Code laws and penal code sections. To initiate the discussion on breeder permits, he
also reviewed typical breeder permit provisions including those of five other
jurisdictions (Kern County, Stockton, Turlock, Santa Cruz, and Los Angeles).
Committee member Gonzales inquired about field experiences staff may have
related to breeders.
Animal Control Supervisor Davis stated complaints regarding owners or residences
with excessive animals are jointly handled with Code Enforcement. Existing
regulations are used to enforce compliance with laws. Police Captain Matson stated
that there is no law to inspect kennels from a complaint made by residents.
Committee Chair Parlier inquired if issuing breeder permits will provide another
mechanism for enforcement. Captain Matson indicated it would be.
Sundee Martineau, Bakersfield Boxers and Bulls rescue, stated there are habitual
breeders in Bakersfield and that if a permit to breed was required, it could be used to
deter people from breeding their animals.
Committee Chair Parlier requested staff research the topic with the survey cities ,
including information regarding establishing a criminal and administrative process.
The information is to be presented to the Committee a later meeting.
B. Discussion and Committee Recommendation Regarding Adoption of the 2019
Committee Meeting Schedule - Teglia
The Committee meeting schedule was adopted as submitted.
5. COMMITTEE COMMENTS
Committee member Gonzales requested staff provide an update on the massage
ordinance.
6. ADJOURNMENT
The meeting adjourned at 12:40 p.m.
Documents
Presented At The
Legislative and Litigation
Committee
March 18, 2019
Meeting
ANIMAL CONTROL UPDATE AND BREEDER PERMIT DISCUSSION
LEGISLATIVE AND LITIGATION COMMITTEE
MARCH 18, 2019
Current Referral Information
January 9, 2019 City Council Meeting Public Comments:
-8 speakers under Public Statements.
-Requested City review and consider development of “breeding regulations.”
-Regulate breeding in the City by adopting a “breeding permit ordinance.”
Referred to Legislative and Litigation Committee by Vice Mayor Parlier.
Councilmember Gonzales and Rivera also commented and supported the
referral.
2
Animal Control Division of BPD
Assistant Police Chief Evan Demestihas
Captain Jason Matson
Field Services
3
CBACC
(1) Animal Control Sup.
(1) Sr. ACO
(4) ACO
(3) Clerks
(2-4) Temp ACO
•11,000 – 15,000 CFS
per Year.
•Respond to various
Call types.
Operational Partnership:
SPCA
Homeless Center
City
•Intake and Care of
Stray and Unwanted
Animals.
•RTO/Adoption/Rescue.
City of Bakersfield Animal Care Center
9532
10346
9314
8487
7875
7224
1000
2000
3000
4000
5000
6000
7000
8000
9000
10000
11000
Oct. 13 - Sep. 14 Oct. 14 - Sep. 15 Oct. 15 - Sep. 16 Oct. 16 - Sep. 17 Oct. 17 - Sep. 18 Projection
Asilomar Adjusted Total Intake
4
City of Bakersfield Animal Care Center
29.04%
38.68%
55.93%
63.37% 67.44%
77.60%
0.00%
10.00%
20.00%
30.00%
40.00%
50.00%
60.00%
70.00%
80.00%
90.00%
100.00%
Oct. 13 - Sep. 14 Oct. 14 - Sep. 15 Oct. 15 - Sep. 16 Oct. 16 - Sep. 17 Oct. 17 - Sep. 18 Projection
Live Release Rate
5
Proactive Efforts
Regular Clinics (licensing; vaccinations; microchipping; S/N vouchers):
-Weekly at CBACC (every Friday morning)
-Periodically at City Parks and special events
Spay/Neuter Voucher Program:
-Started in 2014-15 FY
-Partnering with Critters Without Litters
-$40,000 annually = 1000 / $40 vouchers ($186,400 allocation through FY 2018-19)
-$168,440 utilized to date = 4,211 animals S/N to date
Temporary Tag Program:
6
Proactive Efforts
Microchipping Program:
-Free for City licensed dogs
-7,050 implanted at clinics since 2013
CBACC RTO Program:
-Option for reduced fees if owner agrees to s/n
TNR / Community Cat Diversion Program:
-2,166 surgeries April 18 – Feb. 19.
-CBACC and Critters Without Litters
7
Existing Animal Related BMC Laws
Dog License/Vaccination Required (Dog 4 + months).
Female Dogs in Heat must be kept enclosed by owner.
Unlawful for owner to allow their dog to stray, run or
be at large upon any public place or property other
than that of the owner without permission.
Unlawful to permit animal to, by any sound or cry,
unreasonably disturb the peace and comfort of any
neighborhood.
Unlawful for any person to willfully abandon or turn
loose to run at large any animal.
Violations of such laws are considered misdemeanors
and punishable by fine or imprisonment (not more
than 90 days).
Dog Kennel defined in ZC as any premise where more
than 3 dogs at least 12 weeks old are harbored (only
allowed in certain zones). If not permitted triggers
violation of current ZC.
Tax Certificate Requirement.
8
Existing Animal Related Penal Code Sec.
Illegal for owner/keeper of animals to allow animals to go without care.
Illegal to sell one or more dogs under the age of 8 weeks.
Illegal for a person to sell, give away, or display for sale or give away animals on any
public street, highway or public right of way.
Every person who keeps an animal confined in an enclosed area shall provide it with
an adequate exercise area. If restricted by leash etc., it must be in a manner that
prevents entanglement and injury and allow for adequate access to shelter, food and
water.
9
Current Dog License Fees
Altered Altered Senior Citizen Unaltered
1 - Year License $15 $5 $60
3 - Year License $30 $15 $120
10
Typical Breeder Permit Provisions
Require application for a permit prior to any breeding or after 1 litter (dog or both dog and cat). Typically on annual basis.
Provides for one or more litters per year per animal or per property.
Can include permit fee and natural license fee.
Require any advertisement of litter to include permit # (regardless of sale or give away).
Record requirements / inspection requirements / microchipping / tax certificate.
May provide for certain exemptions (age of animal, service animal, show animal etc.)
11
Example of Breeder Permit Provisions
Jurisdiction Dogs/Cats Trigger
Point
Subject Inspection
Provision
Zoning Permit Cost Term Notes
Kern
County
Both After 1
litter per
year
Property Yes Treated as
Kennel
$150-
$1,000
Annual
Review/Fee
Commercial
animal
facility
Stockton Both
“Litter
Permit”
Prior to
Breeding
Permittee Yes N/A $118
($123 Nat lic.)
Annual Not under
12 mon. or
over 7
years
Turlock Both
“Breeder
Certificate”
Prior to
Breeding
Pet N/A N/A $100
($100 Nat lic.)
Annual Per Dog up
to 3 per
household
Santa Cruz Both Unaltered
Animal
Pet Yes N/A $350 Annual Mandatory
s/n
Los Angeles Both Prior to
Breeding
Pet N/A N/A $235
($100 Nat lic.)
Annual
12
Questions / Discussion
Presentation designed to initiate discussion at the Committee level.
Provide forum for public input on the topic.
Receive feedback from the Committee on desired next steps.
If desire is to further explore the development of a breeder permit ordinance,
staff requests additional time to evaluate options and develop a draft ordinance
for additional review.
13
-- Page 1 of 10 Pages --
ORDINANCE NO. ______________
AN ORDINANCE OF THE CITY OF BAKERSFIELD
AMENDING CHAPTER 6.04 OF THE BAKERSFIELD
MUNICIPAL CODE RELATING TO PUBLIC POUND-DOG
LICENSES.
BE IT ORDAINED by the Council of the City of Bakersfield as follows:
SECTION 1.
Chapter 6.04 of the Bakersfield Municipal Code is hereby amended to
read as follows:
6.04.010 Definitions.
6.04.020 Public animal shelterpound established.
6.04.030 Duties of director of animal control.
6.04.035 Duties of the shelter directoranimal control officers.
6.04.040 Dog license—Required— Vaccination.
6.04.050 Dog license—Fee—Tag—Issuance of duplicate tag.
6.04.060 Dog license—Fee—Collectors.
6.04.070 Reserved.
6.04.080 Reports of biting dogs—Quarantine.
6.04.090 Examination when rabies suspected.
6.04.100 Dogs without vaccination— Destruction of rabid animals.
6.04.110 Reserved.
6.04.120 Unleashed dogsProperty damage—Female dogs in heat.
6.04.130 Impounded animals—Records— Care during impoundment.
6.04.140 Impounded animals—Disposition.
6.04.150 Impounded animals—Redemption procedure.
6.04.160 Impounded animals—Redemption charges.
6.04.170 Abandoned animals.
6.04.180 Interfering with impounding or removing animals from pound.
6.04.190 Removal of dead animals from public streets and places.
6.04.200 Reserved.
6.04.210 Reports by director of animal control.
6.04.220 Dogs at large—Impounding.
6.04.230 Keeping noisy animals— Complaints—Investigation.
6.04.240 Natural enemies.
6.04.250 Reserved.
6.04.260 Animal control officers—Carrying loaded firearms authorized.
6.04.270 Violation—Penalty.
-- Page 2 of 10 Pages --
Chapter 6.04 PUBLIC POUND—DOG LICENSES
6.04.010 Definitions.
When used in this chapter, the following terms shall have the meaning
specified in this section unless a different meaning clearly appears from the
context:
“Animal control officer” means any officer employed to enforce the
provisions of this chapter in dealing with animal related issues, requirements and
laws within the city jurisdiction and the state of California.by the organization
which,
“Sheltering agency” means any organization by contract with the city, is
responsible for the operation of thea public shelter facility servicing city
residents. pound, the licensing of animals and the impounding of such animals
within the city. “Animal control officer” includes license collectors.
“Animal owner” means any person or entity who owns or has custody or
possession of a dog or other animal referred to in this chapter.
“Director of animal control” means the executive director or supervisor of
the organization, or designee, which, by contract with the city, has the
responsibility of enforcing the provisions of this chapter.
“Dog” includes both male and female dogs, irrespective of age.
“License collector” means the person, department or agency authorized
by the city to collect a license fee for owning and maintaining a dog or dogs.
6.04.020 Public animal shelterpound established.
A public animal shelterpound is authorized and established for the city to
provide animal related services to city residents.
6.04.030 Duties of the animal shelter directordirector of animal control.
A. It shall be the duty of the director or manager of the animal shelter
animal control to take and have charge of the public animal shelterpound and
to receive and caretake and impound for all dogsanimals, excepting cats,
found by city residents running at large upon any street, sidewalk, lane, alley,
park or other public place, or upon the property of any person, other than the
animal owner, without the permission of the owner or occupant of such
property.
B. It shall be the duty of the director of animal control to take and
impound all dogsanimals found in any place within the city which are being
kept or maintained contrary to the provisions of this chapter, including diseased,
aged, or injured dogs and atypical animals upon assessment of the situation.
-- Page 3 of 10 Pages --
6.04.035 Duties of animal control officers.
A. It shall be the duty of the animal control officers of the city to
enforce the provisions of this chapter under the direction of the director of
animal control supervisor.
B. Pursuant to the provisions of California Penal Code Section 836.5,
any animal control officer of the city may enforce the provisions of this chapter
and may arrest a person without a warrant whenever that animal control officer
or employee has probable cause to believe that the person to be arrested has
committed an infraction ora misdemeanor in his presence which is a violation of
any of the provisions of this chapter. An animal control officer making an arrest
under the authority of this section shall follow the citation-release procedures
prescribed in Chapter 5C, Title 3, Part 2 of the California Penal Code (Sections
853.5, et seq.) or such procedure hereafter enacted by the state of California.
6.04.040 Dog license—Required— Vaccination.
A. It is unlawful for any animal owner to keep or maintain a dog in any
place in the city, unless such dog is licensed as provided in Section 6.04.050. This
section shall have no application to dogs under the age of threefour months
fastened securely by a chain, rope or leash, or confined within the private
property of their owners.
B. The license collector shall not license any dog until it has been
vaccinated with canine rabies vaccine by injection or other method approved
by the director of animal control during the calendar year for which it is
licensed, and the animal owner shall produce a certificate of such vaccination,
unless the animal owner submits a certificate from a licensed veterinarian issued
within the preceding 60sixty days stating that in his opinion the rabies
vaccination would be likely to seriously injure the dog. Any dog so exempted
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 chain, rope or leash.
Any violation thereof by the animal owner constitutes a violation of this chapter.
C. The vaccination shall be performed by any duly authorized person,
licensed physician or veterinarian. The person vaccinating such dog shall issue
to the animal owner a certificate of vaccination.
D. It is unlawful for any animal owner to keep or maintain any such
dog in any place in the city unless such dog has been vaccinated as required
by this section, excepting dogs under the age of threefour months fastened
securely by a chain, rope or leash, or confined within the private property of
their owners, and excepting dogs exempted from the requirement of
vaccination by reason of the likelihood of serious injury as provided in subsection
B of this section.
-- Page 4 of 10 Pages --
6.04.050 Dog license—Fee—Tag—Issuance of duplicate tag.
A. Every animal owner shall pay to the license collector a license fee
pursuant to Chapter 3.70 of this code, except dogs under the age of threefour
months as provided for in Section 6.04.040.
B. The license fee shall be due and payable as soon as any dog
subject to this chapter is brought into the city, or whenever any dog exempted
under subsection A of this section reaches the age of threefour months, and the
same shall be charged against and be payable by the animal owner. Such
license fee shall be delinquent 30sixty days after due and payable, and a
delinquency fee prescribed by resolution of the city council shallmay be added
to the license fee. Upon exhibition of the proper certificate of vaccination or a
proper certificate of exemption from vaccination, and payment of the license
fee, there shall be delivered to the person making such payment a metal dog
license tag, with a the number and year stamped or cut thereon, and the words
“CITY DOG TAG” 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. Such 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 period for which such tag was
issued, and has been vaccinated or is exempt from the requirement of
vaccination.
C. If any dog is found in or upon any place in the city without having
an official tag attached to his collar or harness as required by this chapter, such
dog shall be presumed not to have been vaccinated or licensed as required by
this chapter.
D. Whenever a dog tag issued for the current calendar year has been
lost or misplacedstolen by parties unknown to the animal owner or for which the
same was issued, such animal owner may, upon the payment of a replacement
fee in the amount prescribed by resolution of the city council, and exhibition of
his certificate of vaccination or of exemption from vaccination of such dog, and
on making and subscribing to an affidavit of such loss of such tag, receive from
the license collector purchase a duplicate tag for the remaining portion of the
period for which the original tag was issued.
6.04.060 Dog license—Fee—Collectors.
A. In order to facilitate the licensing of dogs in the city and the
collection of fees thereon, the treasury, animal control, and the Animal
Shelterlicense collector, the director of animal control and any licensed
-- Page 5 of 10 Pages --
veterinarian is are authorized to license any dog, collect the license fee thereon
and issue to the person paying such fee the dog tag as provided in this chapter.
B. Any duly qualified person, physician or veterinarian vaccinating a
dog with canine rabies vaccine shall supply the city or the license collector with
a copy of the certificate of vaccination, which copy shall include the name and
address of the dog owner and the date of vaccination, and which copy shall
be supplied to city or the license collector within 30thirty days after the canine
rabies vaccine was administered.
C. Any person authorized by the license collector to collect a license
fee shall account to the license collector not less than once each month for all
dogs so licensed and for all license fees collected.
6.04.070 Reserved.
6.04.080 Reports of biting dogs—Quarantine.
Any animal owner of a dog that bites any person and any person bitten
by such dog shall immediately report the same to the director of animal control
unit, who shall place such dog under regulation and quarantine for 10 dayssuch
time as may be required by state law. Such regulations or quarantine may be
had at the home of the animal owner or at such other place as may be
designated by the director of animal control, and under guidelines established
by the director of animal control.
6.04.090 Examination when rabies suspected.
A. Whenever an animal owner observes or learns 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 animal owner shall
immediately notify the director of animal control.
B. The director of Aanimal control shall cause an inspection or
examination of such animal to be made by the public health departmenta
licensed veterinarian until the existence or nonexistence of rabies in such animal
is established to the satisfaction of such veterinarian.
6.04.100 Dogs without vaccination— Destruction of rabid animals.
A. Any dog taken up and impounded by the director of animal control
by reason of no vaccination during the calendar year shall be separately
confined in a safe place.
B. It shall be the duty of the director of animal control to cause any
dog suspected of having rabies to be destroyed and examined by the public
health department a licensed veterinarian to determine whether or not it is
afflicted with rabies.
-- Page 6 of 10 Pages --
C. If a licensed veterinarian determines that it is afflicted with rabies,
the director of animal control shall kill and destroy the same forthwith, and/or
shall take such other action as in his discretion he deemeds necessary to
prevent the spread of such disease.
6.04.110 Reserved.
6.04.120 Property damage—Female dogs in heat.
A. Any doganimal found damaging or destroying any property in the
city may be taken up by the owner or occupant of such property, or his agent,
and committed to the director of animal control, who shall hold the same
subject to redemption by the owner upon payment of the fees prescribed in this
chapter.
Female Dogs in heat
B. All persons owning or having under their control female dogs in
heat shall keep the same securely enclosed. It shall be the duty of the director
of Aanimal control shallto impound all female dogs in heat not confined in
compliance with this section.
6.04.130 Impounded animals—Records— Care during impoundment.
A. The sheltering agencydirector of animal control shall keep a true
and faithful record of the number and description of all animals taken into
theirhis custody, with the date of their impounding and the date and manner of
their disposition, and shall keep conspicuously posted at the place of custody a
list of animals detained therein.
B. The sheltering agencydirector of animal control shall be responsible
for provide ing the necessary sustenancesubsistence for animals while in theirhis
custody and shall not alter, nor suffer to be altered, any mark or brand thereon,
and shall not suffer cruel treatment thereof.
6.04.140 Impounded animals—Disposition.
All animals taken into the custody of the sheltering agencydirector of
animal control shall be impounded and held in accordance with the laws of the
state of California, including but not limited to California Food and Agriculture
Code Section 31108, et seq.
6.04.150 Impounded animals—Redemption procedure.
An animal owner of any animal impounded may, at any time before the
releasesale or other disposition, redeem the same by paying the shelterdirector
of animal control all required fees and charges, including, but not limited to,
-- Page 7 of 10 Pages --
vaccination and licenseing fees. Animals impounded more than once, shall be
spayed or neutered prior to redemption.
6.04.160 Impounded animals—Redemption charges.
The fees and charges for redeeming animals impounded shall be
pursuant to Chapter 3.70 of this code.
6.04.170 Abandoned animals.
It is unlawful for any person to willfullywilfully abandon, or turn loose to run
at large, any animal.
6.04.180 Interfering with impounding or removing animals from pound.
Any person rescuing, or attempting to rescue or free any animal from the
director of animal control while about to convey the same to the pound, or in
any way, directly or indirectly, removing or delivering the same from such shelter
facilitypound, or from the possession of such director of animal control, or
causing or enabling the same to escape therefrom, shall be deemed guilty of a
misdemeanor, and upon conviction thereof shall be punishable as provided in
Section 6.04.270.
6.04.190 Removal of dead animals from public streets and places.
A. It shall be the duty of the director of animal control to attempt to
locate and remove dead animals upon any of the public streets, alleys,
sidewalks, lanes or other public places or on property of any other than the
animal owner, within the city, to transport the same for proper disposition. It shall
be a violation of this chapter for any animal owner to place dead animals in or
upon any public street, alley, sidewalk, lane or other public place.
B. The director of Aanimal control may, upon request of any animal
owner of any dead animals, take up and transport the same for proper
disposition, for which services a fee in the amount prescribed by resolution of the
city council may be charged.
6.04.200 Reserved.
6.04.210 Reports by director of animal control.
Quarterly reports of the director of animal control showing the amounts
collected, the amounts expended, the work performed and general report of
the director of animal control shall be furnished by such director of animal
control in writing to the city manager.
-- Page 8 of 10 Pages --
6.04.220 Dogs at large—Impounding.
A. It is unlawful for any doganimal owner to cause, permit or allow a
dog, whether or not the same is licensed and/or vaccinated, to stray, run, or in
any other manner, to be at large in or upon any public highway, street,
sidewalk, alley, lane, park or other public place, or upon the property of any
person other than the animal owner, without the permission of the owner or
occupant of such property; provided, however, that a dog is not at large within
the meaning of this chapter if it is under the control of a competent person and
restrained by a substantial chain or leash not exceeding six feet in length.
B. Any person finding at any time any dog at large contrary to the
provisions of this chapter may take up and hold the same; provided, however,
that such person so taking up such dog shall, within four hours after taking up
such dog, or if such dog is taken up at a time when the shelter facilitycity pound
is not open for the transaction of business, within four hours after the
shelterpound is again open for business, notify the director of animal control and
the shelter of the fact that theyhe havehas such dog in theirhis possession and
shall, upon demand, surrender possession of such dog to the sheltering agency
ordirector of animal control. It shall be the duty of the director of animal control
or the shelter to take custody of any such dog and impound the same subject
to the provisions of this chapter.
6.04.230 Keeping noisy animals— Complaints—Investigation.
A. No person shall keep or maintain, or cause or permit to be kept or
maintained upon any premises in the city, or upon any public street, highway,
sidewalk, alley, park, playground or other public place in the city, any animal,
bird or fowl which by any sound or cry whatsoever unreasonably disturbs the
peace and comfort of any neighborhood or interferes with the reasonable and
comfortable enjoyment of life or property by any person. Every day during
which any person continues to keep or maintain any such animal, bird or fowl
shall be a separate violation of this chapter.
B. It shall be the duty of the chief of police to receive and investigate
or cause to be investigated all complaints regarding any animal, bird or fowl
being kept or maintained in violation of the provisions of this section, and to
enforce the provisions of this chapter.
6.04.240 Natural enemies.
It is unlawful to allow animals, whichanimals which are natural enemies,
temperamentally unsuited, or otherwise incompatible, to be quartered
together, or so near each other as to cause injury, fear or torment. If two or more
animals are so trained that they can be placed together and do not attack
each other or perform or attempt any hostile act to the others, such animals
shall be deemed not to be natural enemies.
-- Page 9 of 10 Pages --
6.04.250 Reserved.
6.04.260 Animal control officers—Carrying loaded firearms authorized.
The animal control officers of the city are authorized to carry a loaded
firearm on their person when acting in the course and scope of their
employment.
6.04.270 Violation—Penalty.
A. Any animal owner who willfully wilfully refuses, fails or neglects to
furnish to the director of animal control, treasurylicense collector or a any duly
qualified and licensed physician or veterinarian authorized to vaccinate and
license dogs and collect the license fees thereon, as provided in this chapter,
the information necessary to properly vaccinate and license such dog, or who
resists, hinders, gives false information to, or prevents the director of animal
control in the exercise of theirhis duties, or who fails, neglects or refuses to pay
the license fee at the time and in the manner provided in this chapter, or who
violates any of the provisions of this chapter, with the exception of Section
6.04.230, shall be guilty of a misdemeanor, and upon conviction shall be
punishable by a fine of not more than $300three hundred dollars or by
imprisonment in the county jail of the county for not more than 90ninety days, or
by both such fine and imprisonment.
B. Any person who violates any provision of Section 6.04.230 shall be
guilty of an infraction and upon conviction thereof shall be punishable by:
1. A fine not exceeding one hundred dollars for a first violation;
2. A fine not exceeding two hundred dollars for a second violation
within one year;
3. A fine not exceeding five hundred dollars for each additional
violation within one year.
SECTION 2.
This Ordinance shall be posted in accordance with the Bakersfield
Municipal Code and shall become effective thirty (30) days after the date of its
passage.
--oo0oo--
-- Page 10 of 10 Pages --
I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted
by the Council of the City of Bakersfield at a regular meeting thereof held on
_________________________, by the following vote:
AYES: COUNCILMEMBER: RIVERA, GONZALES, WEIR, SMITH, FREEMAN, SULLIVAN, PARLIER
NOES: COUNCILMEMBER ___________________________________________________________________
ABSTAIN: COUNCILMEMBER ________________________________________________________________
ABSENT: COUNCILMEMBER ________________________________________________________________
_______________________________________
JULIE DRIMAKIS, City Clerk
and Ex Officio Clerk of the Council of the
City of Bakersfield
APPROVED:
By:____________________________
KAREN GOH
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By:____________________________
RICHARD IGER
Deputy City Attorney
RI:pd
S:\COUNCIL\Ords\18-19\6.04PublicPound-DogLicenses.Rdln.docx