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HomeMy WebLinkAboutORD NO 159POUND KEEPER, FI~ING THE FEES TO BE COL- LECTED BY. HIM, AND THE 'DISPOSITION OF SAME PROHIBITING DOGS RUNNING AT LARGE, . AND PROVIDING A PENALTY FOR VIOLATION OF THE PROVISIONS OF THIS'ORDINANCE,· AND REPEALING ORDINANCE NO~ I8 NEW SERIES OF THE CiTY OF BAKEMSFI.HLD.- 'WHEREAS, the health, safety and welfare of the inhabitants' of the City of Bakersfield require the passage of an ordinance.. prohibiting dogs'from running at large in the City of Bakersfield, ~?::~ithout their owners or keepers in charge thereof. BE IT ORDAINED BY THE COUNCIL OF T~ CITY OF BAKERSFIELD, as follo'~,'s: SECTION 1. A Publ~c~ Pound is hereby authorized and established in the City of Bakersfield, the same to be located at a convenient place within the Corporate limits. 6f said City. SECTION 2.. It shal.1 be unlawful for any owner or keeper of a dog or dogs to.permit, allow or ca'use to be permitted or allowed any dog or dogs owned'or kept by such owner or keeper to be in or upon any publ~:.'street, public sidewalk, public lane, public alley or other.public place or upon or in. any unenclosed place within the city..limits of the City of .Bakersfield, except such dog or dogs are-duly registered at such time and are securely fastened by a' ~in or rope or leash or by.a similar suitable ::~x.,~.hod and are accompanied by their o~vner or keeper; SECTION 3. It shall-be the duty of the pound. keeper t6 take and have':,ch~:r~g.e 'of the city pound and it shall be his .duty to - .- - i:. '~ "-:'~i-~-::-<~' ."v'.:' .. -· : . ' . . · ~.-Ai'.?.:.:'t~;. '{-' ~ ." · ." - '."; ":*" ': .L' '%~:.~:-%.: ..-.{-'}~;;~4',,';-;.:~¢~¢~,-...... · .,,,~i'. '. ". . · *!!>'.' . "" :'-":.' *" " -.%7 ':..'.. . * ".,:',.."'T' · .- -:.., '-- ;~· . . '.; ;. ~,' ,.. . .. - ~ .':-~ ...... ........,/,.,;...'. .........'~.~":': -..:'2" '..' -~"'.'.'~- ' ".." SECTION -S .CT O It 8h~l be ~he duty.oF the poundke~pe~ to ~e~is~e~ each ye~, ~8.8con ~8 possible .~ft.e~ the fi~'8~ d~y of thereof, all dogm tn the Oity 6f B~ke~sField, in '~ book kep~ fo~ that purpose, to be kn~vn ~d designated ~s ~b_e "~e to identify 'each such dog; and the n~e and address of the owner; if resid:Lng within the City of .Bakersfield, 'ahd if not, then ~".'~' the person having the care, custody and .control of, or who has. ~': i~' his possession, or harbors, said dog, together with .the number and date of registration. For each dog so registered', .,,....~ .L.' as provided 'herein, there shall be charged .the following su~s: or each female dog, . . . . ~ ..... .00 ~:~.-. For each .male dog, ............. O0 Provided however, that for each dog kept in 'or belonging ...... ~.9....a~Kennel, the registration fee shall be one dollar ($1.~0) ~or each and every dog in said dog kennel; and provided further, that the minimum fee for ~egistering said Dog Kennel shall be the s~ of ten dollars ($10.00). :" Registration fee provided for in. this Ordinance shall be due and payable at the time of said 'regis~r'ation, and same shall be charged against e. nd be payable by the .said owner or · ' person having the. care, custody .and con:tro'l.-.~ or who has in his possession or".harbors, said. do~ or .dogs,.as aforesaid. Upon " ........~"~Y~n~ ~f the.registration fee, as pro-vided in Section 4 of this ordinance there shall be deliv. ered.='.~o 'the person making .~."'S~Ch pa~ent,. a metal tag, wi~h- the n~ber and' year st~ped oP . GUt' the~8~ and 'the words "~G. TAG', ·CITY ~B~ BEERSFIELD" s'.~...em.'~Sd'~thereox~, and such tag,""': " "' ' ''''~ 'j''! "~"':":" '':~' i... .. ...... . .., ..~. ~.: ..~.= ...;..~ ·. .W...h.'i~l e.' ~.=.l?~- -' ::'? ~ =... · !~'~'~-~"' ~i-~:'· ....~L..'.' .....~ '~' '-~."...--':'5~.~=~,~='.~. ~'..,---...~.. ...........~.. .......~.. SECTION SECTION V. SECTION 8. during the'=yea.~-.'des-i'~oL~~d..~t~,~E, except · as hereinafter. p~o~ided for dogs found ..not to be securely fastened ,by a by their owner or keeper and vicious or dangerous dogs and female dogs in heat. ""~' '~"'~ "~ {/~"'~77~'~' ..~'~i;~.-.. ..... ....... Every person firm oP coPporation...Qw~ng~ keeping or main- taining a Dog Kennel within t.h~ City o.f. Bakersf'i.el~,..must first · .- .. · " ....-.,r,.~;...~,-.'~ .. apply for ~d obtain a permit' f.Fom the Council of said City to so keep and maintain said aog kennel.. ..Such petit when so issued shall be numbered and the nMbeP thereof inserted im .~'. the Dog P. eMtsteP Book, together with other data required to ..::"'~'.' ....... sufficiently describe ~aid dog kennel~ A "Dog Kennel" .within' :.-~ the meaning of this ordinance .shall be a pack or collection of ":i~.,~""' dogs, exceeding three in n~ber, kept and bre~ 'for hunting or ".." sale, ~d does not mean merely the house or 'place where s~e are '~"""' kept. Any animal found trespassing upon any private enclosure in the Oity of Bakersfield, may be taken up by the party'owning such enclosure, or hi~-agent, and co~mmitted to the poundkeeper, who shall hold the same subject to reasonable demands for damages .. in addition to the fees prescribed in this ordinance. T1.~e poundkeeper shall keep a t~ue and faithful record · of the nu~nber 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 c.onspicuously posted .... a_t ~.yHeo '.sntrance of the pound,-. a .li~t' of -animals- det~aine.~herein. .He shall provide the necessary subsistence for' animals while in his custody and shall not alter, nor suffer .to be altered, any 'ark or brand thereon, and shall not suffer c~uel treatment thereof. SECTION 9. SECTION 10. SECTION 11. SECTION 12. SECTION 15. All animals, excepting dogs, taken into the custody of the poundkeeper, if not reclaimed within twenty-four hours thereafter, may be sold by the poundkeeper, after giving at least three (3) days notice of such sale. The notice shall describe the animal and shall state the time and place of sale, and shall be posted up in three public places in the c~ty, one of which notices shall be posted at the entrance of the pound. At the time advertised, the poundkeeper shall sell all of'the animals so advertised, at public auction, to the highest bidder for cash. The p~oceeds of such sale shall be immediately paid by the poundkeeper to the treasurer of the City of Bakersfield, who shall after first 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 ~vithin six months thereafter. The owner 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. The poundkeeper shall charge and collect the following fees and charges from persons redeeming animals taken up or impounded: For taking up and impounding any animal, excepting dogs, the sum 6f $2.00, ............ Eor keeping ever~ animal per day, ...-...--~ $"-0~'0 E Commission of twenty per cent (20%) on all sales. Any person rescuing~ or attempting to rescue any animal from the possession of the poundkeeper while about to convey -4- the same to the pound, or in any way, directly or indirectly removes or delivers same from said pound, or from the possessio~ of said poundkeeper, or causes or enables same to escape there- from, shall be deemed guilty of'a misdemeanor, and upon convic- tion thereof shall' be:punishable as provided herein. SECTION 14. It shall be unlawful for any person to wilfully.abandon or turn loose to ~ln at large, any animal uhfit for further use by disease, old age or injury. SECTION 15. SECTION 18. All persons owning or having under their control, vicious or dangerous.'~dogs= or female dogs in heat shall keep same securely inclosed. It shall be the dnty of the poundkeeper to take end carry away and. impound all vicious and dangerous dogs and female dogs in heat not securely inclosed. T~e poundkeeper shall keep all dogs taken up .by him for two days thereafter, and if redeemed, is entitled to charge and receive in addition to the tax hereinafter provided for, one' dollar for each dog,.provided however, that he may charge ~ive dollars for the redemption of a vicious or dangerous dog, or fe~le dog in heat, the first time such dog is taken up, and twenty-five dollars for each and every time thereafter, that such dog is t~ken up. If such dog be not redeemed within two days, he shall ~estroy it, provided, however, that vicious and dangerous dogs may be destroyed at any time after twelve hours. ~uch dog, so destroyed, to be b~ried by the poundkeeper without further c~harge to the city. SEC'TION-'17~ .............. : ............ All moneys collected under the provisions of this c~di- nance shall be paid by the official collecting the same to the treasure'~of the City of Bakersfield, together with a statement covering the said collection, taking the treasurers receipt therefore. -5- SECTION 18. SECTION 19. The actual reasonable cost of feed furnished all animals confined in said public pound by the poundkeeper, shall be a proper charge again~the general fund of the city of Bakersfield and the' actual cost of disposing of the remains of any animal destroyed by the poundkeeper under the provisions of this ordi- nance, shall also be a proper charge against the general fund of said city, except as provided in sections 16 and 21 of this Ordinance, which sums or sum shall be refunded. to the pound- keeperr upon his filing with the city Auditor the receipts covering such expenditures. The poundkeeper, at the first regular meeting in every month, sh~ll render to the city council, under oath, a full, true and correct list of all animals and dogs impounded by him, together with the dates when the same were impounded, redeemed, sold. or destroyed, together with a statement of all moneys received by him for redemption of d~gs and paid into the City Treasury. SECTION 20. ANY person who wilfully refuses, fails or negleets to furnish to said poundkeeper, the required information necessary to properly register all dogs in said dog regiSSet bdOk,. as provided 'herein, or who shall resist, object to or prevent the poundkeeper or any of his assistants in the exercise of his duties; or who fails, refuses'or neglects to pay said registration fee at the time and in the manner herein provided; or who fails, refuses or.negleets to perform any act or pay any other f~'e~req~i~e'd by this ordinan6e to be performed or paid; or who violates any of the provisions of this ordinance, shall be deemed guilty of a misdemeanor and upon conviction.thereof shall be punishable by a fine of not less than five dollars nor more than one hundred dollars or by imprisonment in the county Jail of SECTION 21 SECTION 22. SECTION 22. Kern County for not less than five days nor more than fifty days, or by both such fine and imprisonment, and the payment of any fees provided for in this ordinance due and remaining unpaid. Mhenever any animal iS taken up for impounding, which by reason of age, disease or other infirmity is unfit for further use or dangerous to be kept impounded, the poundkeeper shall within twenty-four bouts thereafter, destroy such animal, upon examination and recommendation of the City Health Officer, or any-i'~responsible Vetinary Surgeon, but no charge therefor shall be made against the city of Bakersfield. I.t shall be the duty of the Poundkeeper, upon the request of any owner or possessor of any dead animal, to forth-' with bury' or destroy the same, in such manner as the Health Officer may prescribe for which Services he shall charge and collect the following fees.: For burying or destroying horses, oxen, bulls or cows, . per head . . .$5.00 For burying or destroying Jacks, ~u~e~, s~e~r'o~ AortA, per head ............. $5.00 FoP burying sheep, goats or c~tves, per head . . . . . .$2.50 For burying dogs, or other animals not enumerated, each. S1.50 It shall be the duty of'the poundkeeper whenever it · comes to his knowledge that any'dead animal is upon any of the publie streets, alleys, sidewalk, lane or other public or e un~nclosed place within the City of Bakersfield, to promptly bury or destroy same, in the manner herein provided, charging ........... and-collecting therefor, from the owner or person formerly having .had the possession or control of same, if ss~e can be ascertained, the fees provided in section 22 of this ordinance. SECTION 23. Pfnenever a dog tag issued for the current year has been lost or taken or Stolen by parties unknown to the owner or -7- SECTION 25. SECTION' 25. person having the care, custody or control of the dog for which same was issued,-such owner or person having said care, custody or control of such dog, may upon the payment of fifty cents and on making and subscribing to an affidavit of such loss of such tag receive from the poundkeeper a duplicate tag for the remain- ing portion of the year for which the original dog tag was issued. ~enever the work "dog" is used in this' ordinance it shall be deemed to include female as well as male doge, irrespec- tive of age. Or~ nance No. 18 New Series relating to a public pound and the licensing of dogs, be and the same is hereby expressly repealed. I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield, on the ~/~d~day of January, 1923, by the following vote: Ayes: Carlisle, Crif~th, ~ Hougham, ~R~s=m, Robinson, Smith. Na~ ~ .................................................. Absent .........-~---~ .............................................................. the-Council of the ity of Bakersfield. ED ~ 1~ x g , d o f January, 19 23. Mayor of the Oi~~~rsield. . -8-