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HomeMy WebLinkAboutORD NO 3496ORDINANCE NO. 349~ AN ORDINANCE AMENDING SECTION 6.04.010 ANDADDING SECTION 6.04.035 TO THE BAKERSFIELD MUNICIPAL CODE RELATING TOANIMALCONTROL OFFICEi~S. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Section 6.04.010 of the Bakersfield Municipal Code is hereby amended to read as follows: 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: A. "Animal control officer" means any officer employed to enforce the provisions of this title by the organization which, by contract with the city, is responsible for the operation of a public pound, the licensing of animals and the impounding of such animals within the city. "Animal control officer" includes license collectors. B. "Dog" irrespective of age. includes both male and female dogs, C. "Dog kennel" means any lot, building, structure, enclosure or premises where more than three dogs at least twelve weeks of age are kept, boarded or trained, or where any dogs are kept for the purpose of breeding or sale, excepting therefrom licensed veterinary hospitals. D. "Health officer" means the executive director of the organization which, by contract with the city, has the responsibility of an animal control officer in charge of a public pound, the licensing of animals and the impounding of such animals within the city. E. "License collector" means the person authorized by the city to collect a license fee for owning and maintaining a dog or dogs. F. "Vicious dog" means only a dog which has been previously determined to be vicious by the health officer pursuant to the authority vested in him by the provisions of Section 6.04.110. SECTION 2. Section 6.04.035 is hereby added to the Bakersfield Municipal Code to read as follows: 6.04.035 Duties of animal control officers. It shall be the duty of the animal control officers of the city to enforce the provisions of this title under the direction of the health officer. Pursuant to the provisions of California Penal Code section 836.5, any animal control officer of the city may enforce the provisions of this title and may arrest a person without a warrant whenever that officer or employee has reasonable cause to believe that the person to be arrested has committed an infraction or misdemeanor in his presence which is a violation of any of the provisions of this title. 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. SECTION 3. This Ordinance shall be posted in accordance with the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. .......... o0o .......... - 2 - ORIGINAL I ~EREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on ~OV ~ R ~q~ , by the following vote: AYES; COUNCILMEMBERS: ~ DeMaND SMITH BRUNNI, PETERSON, McDERMOi'r, SALVAOGIO NOES; COUNCtLMEMBERS /~' .~' '~ ABSENT COUNCILMEMBERS A~STAIN COUNCILMEMBERS Council of the City of Bakersfield the APPROVED _~0¥ ~ 8 1992 CLARENCE E. MAYOR of the City of Bakersfield APPROVED as to form: CITY ATTORNEY of the City of Bakersfield LCM/meg SPCA.O-1 11/9/92 - 3 - ORIGINAL AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) County of Kern) CAROL WILLIAMS, That she is the of Bakersfield; Being duly sworn, deposes and says: duly appointed, acting and qualified City Clerk and that on the 24th day of ~ovember posted on the Bulletin Board at City Hall, a fu]l, true Ordinance No. a meeting held on the the following: City Council at and entitled: of the City , 19 9~ she and correct copy of 3496 , passed by the Bakersfield 18th day of November , 19 92, NSAOPD /s/ CAROL WILLIAMS CITY CLERK of the City of Bakersfield DEPUTY C~ty