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HomeMy WebLinkAboutORD NO 18.j - .... AN ORDINANCE EST~jBLISHING A PUBLIC POUND; PRESCRIB- ING THE POWFRS AND DUTIES OF THE POUNDKEEPER. FIXING THE FFES TO BE COLLECTED BY HIM AND THE- DISPOSI:i~ION OF S~Jf~E AND PROVIDING A PENALTY' FOR VIOLATION OF CERTAIN PQR- TION~ HEREOF' AND REPFALING ORDINANCE NO. 171 f~4D ORDI-' N~.NCE IqO. 39i OF THE CITY OF BAKERSFIELD. BE IT ORDAINED BY THE COUNCIL OF THE CI~f OF B~IERSFIELD, as follows: SECTION 1. A public pound is hereby authorized and established in the City of Bakersfield, the same to be located at a convenient place within the corporate limits of said City. SECTION 2. The poundkeeper shall take and have charge of the City Pound., and shall take and impound all anim~:ls found at large u'oon any street, :sidewalk, lane, alley or other public or unenclosed place within the City of Bakersfield., except dogs duly registered for the time being. He shall discharge such Other duties as the Council may in this, or other ordinances from time to time, prescribe~ SECTION 3. It shall be the duty of the poundkeeper to register each. ye&.r, 'as soon as possible after the first day of January thereof, all dogs in the City of Bakersfield, in a book kept for that purpose, to be knovm ~md designated as the "DOG REGISTFR BOOK"; such regis- tration shall contain a description sufficient to identify each such dog; the name~of the owner; if residing within the City of Bakersfield., and if not, then the person .having.~ the care, custody and control of, or'who has in his possession, or harbors, said dog, together with the number and date of registration. For each dog so registered, as provided herein,' there .shall be charged the follow- ing sums: For each femle dog, Four Dollars, ($4...00). For each male dog, Two Dollars, ($2.0(~). Provided however, that for each dog kept· in or belongring to a Kennel, the registration fee shall be One Dollar, ($1.00) for . .. ~,1. [.~.~',':.".: the minimira fee for r~istrating said Dog Kennel a .e ~~ . .. . . .[ ..., :.. .. .. '.'.'Y~':"'~ · ." ..i~,~'.b ~,',: ' ] :' of Ten Dollars ($10.00). SECTION 4. Registration fee provided. for in this Ordinance shall be due and pays~ble at the time of said registration, and same shall be charged aga, inst and t~e payable by the said ovmer or person having the care, custody and control, or who has in his possession· or hat' bors, said dog or dogs, as aforesaid. Upon the payment of the regis- tration fee, as provided in Section 3 of this Ordinance there shall' be delivered to the person making such payment, a metal tag, with the nu3nber and. yea, r s.tamped or cut thereon, and the words "DOG TAG, CIrFf OF BAXERSFIELD" stmnped thereon, and such tag, while it is .. attached to the collar upon the neck of such dog shall exempt same from being impounded during the year designated on said tag, except as hereinafter'provided for vicious or dangerous dogs running at · large, or female ·dogs in heat. SECTION '5. Every person firm or 'corporation ovming, keepir~ or main- taining a 'Dog Kennel within the City of Bakersfield', must first apply for and obtain a permit from the Council of said City to so keep and m.zintain said Dog Kennel. 'such permit when so issued shall be numbered and the numberc,'i thereof-inserted in the Dog Re~ister Book, together with other.data required to sufficiently· describe said. Dog Kennel. A "DOG KENNEL" ~ithin the meaning of this Ordi- nance shall be a pack or collection of dogs, exceeding three· in number, kept mqd bred for huntin~ or sale, and does not mean merely the house or place where same are kept. SECTION 6. kny animal 'found trespassiD~ upon any private enclosure in the City of Bakersfield, may be taken up by the party owning such· enclosure, or. his agoent, and committed tO the poundkeeper', who shall hold the same subject to reasonable demands for damagnes in addition to the fees prescribed in this Ordinance. SECTION 7. The poundkeeper shall keep a true and faithful record of the number ~nd description of all animals taken· into his custody, with the date of their impounding.'.snd: th'e date and manner .'~.of t'h'eir:~." disposition, and shall keep conspicuously posted at the entrance of. the pound, a list of animals detained therein. He 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 th'ereof. SECTION 8. All animals, excepting dogs, taken into the custody of the poundkeeper, if not reclaimed within twenty-fOur hours thereafter, may be sold by the poundkeepe~ after giving at least three (3) days notice of such sale. SECTION 9. The notice shall describe the animal and shall state the time and place of sale, and shall be posted. up in three (3.) public places in the City, one of which notices shall be posted at the entrance of the pound. At the time advertised, the poundkeeper shall ~ell all of the animals so advertised, at public auction, to the highest bidder for cash. The .proceeds of such sale shall be immed- iately paid! by the poundkeeper to the Treasurer of the City of Bakersfield, who shall after fir'St 'deducting. the ,fees and. charges, 'pay over the surplus~proceeds to the.owner of such ·animal sold upon a warrant' ordered by the City Council, if claimed within six (6') months theres. fter. SECTION 10. The ovmer or person entitled to the control of any animal impoUnded.,' may at any time before the sale or other disposition thereof, redeem same by paying "the. poundkeeper all fees and charges thereon, and if a dog, by paying the fee for registration thereof, in addition, if not paid. SECTION ll. The'po.undkeeper shall charge and collect the following~ fees and charges from persons redeeming.~ anirmls tsken up or impound- ed: ...... . For taking up and impounding any anin~l, exceptir4:_~ dogs, the sum of Two ($2.00) Dollars. For keeping every animal per day~ Fifty (.50) cents. A Commission of twenty per cent (20%) on all sales. SECTION 12. ~my person rescuing, or attempting to .rescue any animal from the possession of the poundkeeper while about to convey the same to the po~d, or in ~y way, directly or indirectly removes or de- livers s~e from said pond, or from the possession of said Pond- keeper, or causes or enables s~e to escape therefrom, shall be deemed g~ilty of a misdeme~or, ~d ~pon conviction thereof p~ish- able as previded herein. SECTION 1B. It shall be mlawf~l for ~y person to wilfully ~b~don or tuE loose to rm at large, ~y ~imal ~fit for f~rther use by disease, old s~e, or injury. .~,.. SECTION 14. All persons o~mi~g or havi~ ~d. er their control, viciogs or d~erous dogs, shall keep s~e securely enclosed. The pond- keeper is hereby required to seize, take ~d carry to the public po~'d all such vicious ~d d.a~erous dogs fomd runni~ at large - also all female dogs in heat - at shy time in m~y of the streets or ~y public. or ~i-nclosed place within the City or Bakersfield, with or without t~s. SECTION 15. The .pondkeeper shall keep all. dogs taken up by him for two (2) day thereafter, and if redemed, 'is entitled to charge and receive in s,ddition to the tax hereinafter provided for, 0he Dollar ($1.00) for each dog, provideo] however, that he may charge Five Dollars ($5.00) for the redemption of a vicious or daD~erous dog, or female dog in heat, the first time such dog is taken up, ~d Twenty-five Dollars ($2~.00) for each..and every time thereafter, that such dog is taken up. If any such dog be not redeemed within two days (2), he shall destroy it, provided, however, that vicious and d~ero~s dogs my be destroyed at any time after twelve (12) ....... hours,' s~ch dog, so destroyed,-,to.-be buried -by the po~dkeep.e.~ ............~.~ without further charge to the City. SECTION 16. All moneys collected ~der the provisions of this ordi- n~.ce shall be paid by the official collecting the s~e to the treas- ure of the City of Bakersfield, together with a statement coveri~ ."' ~he said collee ~on, taking.~ the.. Treasurers receipt therefore. SECTION 17. The actual reasonabl'e'oost of feed furnished.all animals .. confined in the said public pound by the poundkeeper, shall be a proper chs. rge against the general fund of the City of Bakersfield and the actual cost of disposing of the remains of any animal destroyed by the po~mdkeeper under the provisions of this OrdinanCe, shall also be a proper charge s~ainst the general ,f~d of said City~ except as provided in Sections 15 and 20 of this Ordinance, which sums or sums shall be refunded to the poundkeeper upon. his filir~g with the City Auditor the receipts covering su~ch expenditures. SECTION 18. The poundkeeper, at the first regular meeting.~ in every month, shall render to the City Council, under oath, -~ full, true and correct list of all animals and dogs impo~u~ded by him, together ~ith the dates when the same were impounded, redeemed, sold or des- troye~t, together with a statement of all moneys received by him for redemptior~ of dogs and oaid into .the City Traasury. SECTION 1,~. ~my person who wil~ully ref~ses, fails or neglects to fur- nish to said poundkeeper, the required information necessary to pro- perly register all dogs in said Dog Register Book, as provided here- in, or who shall resist, object to or prevent the poundkeeper or s~y of his assistants in the exercise of his duties; or who fails, refus- es or neglects to pay said Registration Fee at the time and in the' m~qner hemrein provided; or who fails, refuses or n~eglects to perform any act o~: pay any other fee required by this Ordinance to be per- formed or paid; or who violates any of the provisions of this Ordi- 'nsnce, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not less than Five ($5.00) Dollars nor more than One Hundred. ($100.00) Dollars or by imprison- ment ~n the Co~uty Jail fox' not less than five (5) days nor more than Fifty (50) days, or by both such fine and im~risonment. and the payment of any fees.. DrQ~'~!:~.d~!~];.;.in this 0rdin-'.ance due.rod remaining trapaid. : ':..'.n..'., ~. ... " SECTION~fg~'. Whenever any anirml iS taken up for impo~di~, which .by' · ...~!~-' . ..~. ,~. . .- · .... . : .' ~.,.. ... reason' of'age';.'~'disease or other inflmity i's .~fit' f0:~ f~rthe'r. or'd~erous to 'be kept impo~ded, the poredkeeper shall within twenty-four (24) hours thereafter, destroy· sach ~imal, ~pon .ex~- .. in-ation and reco~nendation of the City Health Officer, or ~y re- sponsible Vetinary Surgeon, but no .charge therefor shall be made against the City of Bakers field. SECTION 21. It shall be the duty of the poundkeeper, upon the request · .of. any owner or possessor of any dead animal, to forthwith bury or destroy the same, in such manner as the. Health Officer may prescribe for which services he shall charge and collect the fol].owir~ fees: For buryi_~ or destroying horses oxen, bulls or cows, ' ' .. h '$ 5,00 · per ead-- For burying or destrovin~ jacks, mules, steer or colts, per earl --$5,00 For b,arying sheep, goats or calves, 'per head ..... $2,50 For burying do~s, or other animals no.t enumerated, each -- $1,50 SECTION 22, It shall be the duty of the poundkeeper whenever it comes to his knowledge that any dead animal is' upon any of the public streetS, alleys, sidewalk, lane or other public or unenclosed place .... ....". within the City. of Bakersfield, to promptly bury or destroy s&me, in the manner herein provided, charging and collecting therefor, from the owner or person formerly having had the possess·ion or control o.f stone, if same can be ascertained, the fees provided· in Section 21. of this Ordinance, SECTION 23. ~nenever a dog tag~ issued for the current year has been lost. or taken or stolen by parties 'u_nk~own to the o~.~er' or person havin~ the: care, ~ustody or control' of th'e"~]'0g for which same' W~is issued, such owner or person havin~ said care, custody or control of such dog, my upon the payment of Fifty (50) Cents and on makir~g and subscribing to an affidaVit."~.f .SU6'h. io..~'s .of s.',~ch tag'receive..- .'. " ' ' "?' L.. · ., 'v '- '~.' " · ' ' ' .'. ," · '~ : ' · · . ... ~......:.. :..' .. " . ~ . ..- ~...., from the poundkeeper a' duplicate-. tag.,' for. the 'remaini~ ~ortion .o£."."!:~"~"'..' · · ·.. ... .... ..:.. · _ .~...) · ..... SECTION 24. Whenever the word "d.o~'~ ":iS"'u.~ed."-in this. Ordinance it ~hall be deened 'to include fema3aas well". a~ 'male dogs, irrespective o~ ~e. ~ .B~C~ION 2~. 0rdinan~e No. 172 provid':i~;'..f:or the rnu~.zlir~ o~ do~ and Ordinance No. 391 'relat~ng.~ ~o a publi~ pound are hereby repealed. I HEREBY.CERTIFY that the foregoin~ Ordinance was passed and adopted by the Council of the City of Bakers field, on the day of ~ , 1919, by the following vote: Ayes-Boughman, GilchriGt, Hinman, Itouglmm, Renfro, Willow, Wilson. · Nays-......~ ........................... Ali~t- ~ - APPROVED thi. s ?__V__~//Z-d_ay of /~_e~e~t~__, 1919. ~/~'~ Clerk o ~Jity Clerk and ex-of.~cio f the Coa'fici'l of the City of Bakersfi'eld. __~_"~..~~ the City 'of Bakersfield.