HomeMy WebLinkAboutORD NO 3940ORDINANCE NO. 3 9 4 0
AN ORDINANCE OF THE COUNCIL 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:
CHAPTER 6.04
PUBLIC POUND -- DOG LICENSES
Sections:
6.04.010
6.04.020
6.04.030
6.04.035
6.04.040
6.04.050
6.04.060
6.04.070
6.04.080
6.04.090
6.04.100
6.04.110
6.04.120
6.04.130
6.04.140
6.04.150
6.04.160
6.04.170
6.04.180
6.04.190
6.04.200
6.04~210
6.04.220
6.04.230
Definitions.
Public pound established.
Duties of director of animal control.
Duties of animal control officers.
Dog license -- Required -- Vaccination.
Dog license -- Fee -- Tag -- Issuance of duplicate tag.
Dog license -- Fee -- Collectors.
Reserved.
Reports of biting dogs -- Quarantine.
Examination when rabies suspected.
Dogs without vaccination -- Destruction of rabid animals.
Reserved.
Property damage -- Female dogs in heat.
Impounded animals -- Records -- Care during impoundment.
Impounded animals -- Disposition.
Impounded animals -- Redemption procedure.
Impounded animals -- Redemption charges.
Abandoned animals.
Interfering with impounding or removing animals from pound.
Removal of dead animals from public streets and places.
Reserved.
Reports by director of animal control.
Dogs at large -- Impounding.
Keeping noisy animals -- Complaints -- Investigation.
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oR~GtNAL
6.04.240 Natural enemies.
6.04.250 Reserved.
6.04.260 Animal Control Officers -- Carrying loaded firearms authorized.
6.04.270 Violation -- Penalty.
6.04.280 Severability.
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 enfome the provisions of this
chapter 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. "Animal owner" means any person or entity who owns or has custody or possession
of a dog or other animal referred to herein.
C. "Director of animal control" means the executive director of the organization, or his
designee, which, by contract with the city, has the responsibility of enfoming the provisions
of this chapter.
D. "Dog" includes both male and female dogs, irrespective of age.
E. "License collector" means the person authorized by the city to collect a license fee
for owning and maintaining a dog or dogs.
6.04.020 Public pound established.
A public pound is authorized and established for the city. (Prior code § 9.08.020).
6.04.030 Duties of director of animal control.
A. It shall be the duty of the director of animal control to take and have charge of the
public pound and to take and impound all animals, excepting cats, found 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 animals
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 animals. (Prior code §
9.08.030).
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.
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 officer or employee has probable cause to believe
that the person to be arrested has committed an infraction or misdemeanor in his presence
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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. (Ord. 3496
§ 2, 1992).
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 said dog is licensed as provided in Section 6.04.050. This section shall have no
application to dogs under the age of four 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 sixty 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 said 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 four 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. (Prior code § 9.08.040).
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 four 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 four months, and the same shall be charged against and be
payable by the animal owner. Such license fee shall be delinquent sixty days after due
and payable, and a delinquency fee prescribed by resolution of the city council shall 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 tag, with the number and year
stamped or cut thereon, and the words" CITY DOG TAG" stamped thereon, which dog tag
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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. Said 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 said 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, said 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 stolen by
parties unknown to the animal owner or for which the same was issued, such animal owner
may, upon the payment of a 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 a duplicate tag for the remaining portion of the period for which the original
tag was issued. (Ord. 2810 § 1, 1983; Ord, 2670 § 1, 1981: prior code § 9.08.050).
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 license collector, the director of animal control and any licensed veterinarian
is authorized to license any dog, collect the license fee thereon and issue to the person
paying said 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 thirty
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. (Ord. 2670 § 2, 1981: prior code § 9.08.060).
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, who shall place said
dog under regulation and quarantine for such time as may be required by state law. Said
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
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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 animal control shall cause an inspection or examination of such
animal to be made by a licensed veterinarian until the existence or nonexistence of rabies
in such animal is established to the satisfaction of such veterinarian. (Prior code §
9.08.090).
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 examined by a licensed veterinarian to determine whether or not it is
afflicted with rabies.
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 deems necessary to prevent the spread of such disease. (Prior
code § 9.08.080).
6.04.110 Reserved.
6.04.120 Property damage -- Female dogs in heat.
A. Any animal 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.
B. All persons owning or having under their contrel female dogs in heat shall keep the
same securely enclosed. It shall be the duty of the director of animal control to impound
all female dogs in heat not confined in compliance with this section. (Prior code §
9.08.120).
6.04.130 Impounded animals -- Records -- Care during impoundment.
A. The director of animal control shall keep a true and faithful record of the number and
description of all animals taken into his 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 director of animal control shall provide the necessary subsistence for animals
while in his custody and shall not alter, nor suffer to be altered, any mark or brand thereon,
and shall not suffer cruel treatment thereof. (Prior code § 9.08.130).
6.04.140 Impounded animals -- Disposition.
All animals taken into the custody of the director 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.
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6.04.150 Impounded animals -- Redemption procedure.
An animal owner of any animal impounded may, at any time before the sale or other
disposition, redeem the same by paying the director of animal control all required fees and
charges, including, but not limited to, vaccination and license fees. (Prior code §
9.08.150).
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. (Prior code § 9.08.160).
6.04.170 Abandoned animals.
It is unlawful for any person to wilfully 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 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 said pound, or from the possession of said 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. (Prior code § 9.08.180).
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 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 animal 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. (Prior code §
9.08.200).
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 said director of animal control in writing to the city manager.
6.04.220 Dogs at large -- Impounding.
A. It is unlawful for any animal 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
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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 city pound is not open for the transaction of business, within four hours after
the pound is again open for business, notify the director of animal control of the fact that
he has such dog in his possession and shall, upon demand, surrender possession of such
dog to the director of animal control. It shall be the duty of the director of animal control to
take custody of any such dog and impound the same subject to the provisions of this
chapter. (Prior code § 9.08.230).
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.
(Ord. 3256 § 3, 1989: prior code § 9.08~240).
6.04.240 Natural enemies.
It is unlawful to allow animals 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.
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. (Prior code § 9.08.270).
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6.04.270 Violation -- Penalty.
A. Any animal owner who wilfully refuses, fails or neglects to furnish to the director of
animal control, license collector or 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 his 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 ora misdemeanor, and
upon conviction shall be punishable by a fine of not more than three hundred dollars or by
imprisonment in the county jail of the county for not more than ninety 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. (Ord. 3005 § 1, 1985: prior code § 9.08.250).
6.04.280 Severability.
If any section, subsection, sentence, clause, phrase, or word of this chapter is, for any
reason, held to be invalid by a court of competent jurisdiction, such decision shall not affect
the validity of the remaining portions of this chapter. The city council hereby declares that
it would have passed and adopted this chapter, and each and all provisions hereof,
irrespective of the fact that one or more provisions may be declared invalid.
SECTION 2.
This Ordinance shall be posted in accordance with the previsions of the Bakersfield
Municipal Code and shall become effective thirty (30) days from and after the date of its
passage.
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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 onDEC 1_ 5 1999 by the
following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER CARSON, DEMOND, MAGGARD, COUCH, ROWLES, SULLIVAN, SALVAGGIO
COUNClLMEMBER
COUNClLMEMBER ~
COUNClLMEMBER ~eN ~
CITY CLERK and EX OFFICI~of the
Council of the City of Bakersfield
APPROVED: 0EC 15 1999
Mayor
APPROVED AS TO FORM:
BART J. THILTGEN
City Attorney
"~GINIA ~N~ARO
Deputy City A~orney
GG:cj
November 29, 1999
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AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) SS.
County of Kern )
PAMELA A. McCARTHY, being duly sworn, deposes and says:
That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield;
and that on the 16th day of December , 1999 she posted on the Bulletin Board at
City Hall, a full, true and correct copy of the following: Ordinance No. 3940 , passed by
the Bakersfield City Council at a meeting held on the 15th day of December 1999
and entitled:
An ordinance of the Council of the City of Bakersfield amending
chapter 6.04 of the Bakersfield Municipal code relating to public
Pound-Dog Licenses.
/s/PAMELA A. McCARTHY
City Clerk of the City of Bakersfield
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December 16, 1999