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HomeMy WebLinkAboutORD NO 322EMERGENCY ORDINANCE N0. D~')/NEW SERIES AN ORDINANCE ESTABLISHING A PUBLIC CRIBING THE PO:~ERS AND DUTIES OF THE POUNDKEEPER, FIXING THE FEMS TO B~ COLLECTED BY HIM, AND THE DISPOSITION OF S.~E, PROHIBITING DOGS RUNNING AT LARGE, AND PROVIDING A PENALTY FOR VIOLATION OF THE PROVISIONS OF THIS 0RDIN~kNCE, AND REPEALING ORDINANCE N0. 159 NEW SERIES, AND ORDINANCE N0. 243 NEW S'ERIES, OF THE CITY OF BAKERSFIELD- '~'fHEREAS, the health, safety and welfare of the inhabi- tants of the City of Bakorsfteld require the passage of an ord- inance prohibiting dogs from running at large in the City of Bakersfield, without their owners or keepers in charge thereof, and ;a~IEREAS, the daily operation of a municipal department of the City known as the Pound Master's Department, and created by this ordinance, requires the passage of an emergency ordinance, BE IT 0RDAINED BY THE COUNGIL OF THE CITY OF BAKERSFIELD, 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. Sectfon 2. It shall be unlawful for any owner or keeper of. a dog or dogs to permit, allow or cause to be permitted or allowed any dog or dogs owned or kept by such owner or keeper to be in or upon any public 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 BskePsfield, except such dog or dogs are duly registered at such time and are securely fastened by a chain or rope or leash or by a similar suitable method and are accompanied by their owner or keeper. Section 3. It shall be the duty of the pound keeper to take and have charge' of the City Pound and it shall be his duty to tak'e~. .... and impound all animals found at large upon any street, side- walk, lane, alley or other public place or unenclosed place with- in the City of Bakersfield, and it shall be his duty t~ take and impound all dogs found any place within the City of Bakersfield contrary to the provisions of this ordinance. Section 4. It shall be the duty of the poundkeeper to ~egtster each year, 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 known and designated as the "DOG REGISTER BOOK"; such regitration shall contain a description sufficient to identify each such dog; and the name and address of the owner, if residing in the City of Bakersfield, and if not, then the person having the care, custody and control of, or who has in his possession or har- bors, said dog, together with the number and date of registration. For each dog so registered as provided herein there shall be charged the following sums: For each female dog For each male dog $4.00 $2 .oo Provided, however, that for each dog kept in or belonging to a kennel, the registration fee shall be one dollar ($1.00) for each and every dog in said dog kennel; and provided further, that the minimum fee for registering said Dog Kennel shall be the sum of ten dollars ($10.00). Section 8. Registration fee provided for in this Ordinance shall be due and payable at the time of said registration, and same shall be charged against and be pa~.able by the o,~ner or Derson having the care, custody and control, or who has in his possession or harbors, said dog or dogs, as aforesaid. Upon the payment of the registra- tion fee, as provided in Section 4 of this ordinance, there shall be delivered to the per~son making such payment a metal tag, with the -2- · L', number and year stamped or cut thereon and the words "DOG TAG, CITY OF BAKERSFIELD," stamped 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 dogs found not to be securely f~tened by a chain or rope or by a similar suitable method and not accompanied by their owner or keeper and vicious or dangerous dogs and female dogs i.n heat. Section 6. Every person, finn or corporation owning, keeping or maintaining a Dog Kenr~el within the City of Bakersfield, must first apply for and obtain a permit from the Manager of said City to so keep and maintain said dog kennel. Such permit ~vhen so issued shall be numbered and the number thereof inserted in the Dog Register Book, together ~'ith other data required to sufficiently describe said dog kennel. A "Dog Kennel" within the meaning of this ordinance shall be a pack or collection of dogs, exceeding three in number, kept and bred for hunting or sale, and does not mean merely the house or place where same are kept. Section 7. Any animal found trespassing upon any private enclosure in the City of Bakersfield may be taken up by the party owning such enclosure, or his agent, and committed to the poundkeeper, who shall hold the same sub.lect to reasonable demand for da.~ages in addition to the fees prescribed in this ordinance. Section 8. The poundkeeper 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 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 thereof. Section 9. All animals, excepting dogs, taken into the custody of the poundkeeper, if not reclaimed within twenty-four hours there- after, may be sold. by the poundkeeper, after giving at least three (3) days ' notice of such sale. Section 10. 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 city, one of which notices shall be posted a't 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 proceeds of such sale shall be immediately paid by the poundkeeper to the treasurer of the City of Ba~ersfield, sho shall after first deducting the fees and charges, pay over the surDlus proceeds to the owner of such animal sold upon a warrant ordered by the City Council, if claimed ~vithin six months thereafter. Section 11. 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. Section 12. 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 of $2.00. For keeping every animal, per day, $.50. A commission of twenty~per cent (20%) on all sales. Section 13o Any person rescuing, or attempting to rescue any animal from the possession of the poundkeeper while about to convey the same to the pound, or in any way, directly or indirectly, removes or delivers same from ~aid poland, or from the possession of said poundkeeper, or causes or enables same to escape therefrom, shall be deemed guilty of a misdemeanor, and upon a conviction thereof shall be punishable as provided here in. Section 14. It shall be unlawful for any person to wilfully abandon or turn loose to run at large, a.~y animal unfit for further use by disease, old age or injury. Section 15. All persons owning or h~ving under their control vicious or dangerous dogs or female dogs in heat shall keep same securely inclosed. It shall be the duty of the poundkeeper to take and carry away and impound all vicious and dangerous dogs and female dogs in heat not securely inclosed. Section 16. The poundkeeper shall keep all dogs taken up by him for two days thereafter, and if redeemed, is entitled to charge and ceive in addition to the tax hereinafter provided for, one dollar for each dog, provided, however, that he may charge five dollars for the redemption of a vicious or dangerous dog, or female 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 taken up. If such dog be not redeemed within two days, he shall destroy it, provided, however, that vicious and dangerous dogs may be destroyed at any time after twelve hours. Such dog, so destroyed, 'to be buried by the poundkeeper without further charge to the City. Section 1V. All moneys collected under the provisions of this ordinance shall be kept and held by the pound master in lieu of all expenses -5- in connection with carrying on and conducting such work as herein provided, and as compensation for the service herein 'rendered, and in lieu of a salar.V to be paid by the City of Bakersfield. The salary of said pound master appointed under this ordinance shall be paid for the term ending on the 31st day of March, 1929, and no further salary thereafter for any work per~~:''''' formed thereafter shall be paid by the City of Bakersfield. Section 18. Semi-annual reports of the Poundkeeper showing the amounts collected, the amounts expended, the work performed and general report of the houndkeeper shall be furnished by said pound- keeper in writing to the City Manager each year. Sectio~ 19. The poundkeeper for the purpose of carrying out the pro- visions of this ordinance shall be appointed by and serve at the pleasure of the City Manager of the City of Bakers field. Section 20. ANY person who wilf~lly refuses, fails or neglects to furnish to said poundkeeper, the required info~uation necessary to properly register all dogs in said dog register book, 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 neglects to perform any act or pay any other fee required by this ordinance to be per- formed or paid; or who violates any of the provisions of this ordin- ance, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be pnnishable by a fine of not less than five dollars nor more than one hundred dollars, or by imprisonment in the county Jail of Kern County for not less than five days nor more than fifty days, or by both such fine and imprisonment, and the pa.vment of any fees provided for in this ordi~.~ance due and remaining unpaid. Section 21. -8- ~enever any animal is taken up for impounding, which by reason of age, disease or other infirmity is unfit.~or further use or dangerous to be kept impounded, the poundkeeper shall within twenty-four hours thereafter, destroy such animal, upon examination and recommendation of the City Health Officer, or any responsible Veterinary Surgeon, bu~ no charge therefor shall be made againat~ the City of Bakersfield. Section 22. It shall be the duty of the Poundkeeper, uoon 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 prescirbe 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, mules, steer or colts, per head $5.00 For burying sheep, goats or calves, per head $2.80 For burying dogs, or other animals not enum- erated, each $1.50 Section 23. 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 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 same can be ascertsined, the fees Provided in Section 22 of this ordinance. Section 24. Whenever a dog tag issued for the current year has been lost or taken or .stolen by parties unknown to the o~mer or 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 dog tag receive from the poundkeeper a duplicate tag for the remaining portion of the year for which the original dog tag was issued. ~. Section 25. "' Whenever the word "dog" is used in this o.rdi.n...~n...ce it shall be deemed to include female as well as male dogs, irrespective of age. :. Section 26. If any section, sub-section, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional or invalid, such decision shall not affect the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section and sub-section thereof irres- pective of the fact that any one or more of the sections, sub-sec- tions, sentences, clauses or phrases be declared unconsitutional or invalid. Section 27. Ordinance No. 159 New Series, and Ordinance No. 243 New Series, relating to a public pound and the licensing of dogs, be and the same are hereby expressly repealed. ..... o0o ..... I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the 0ouncil of the City of Bakersfield, on the//~ day of March, 1929, by the following vote: Ayes: Bermon,~Car!ccl~,Corbett, JohnSon, T~i~, 8~ncr Eccs: ~ , A~oc~t: .....~ ......................... CitY6/ler~io Clerk of the Council of the City of Bakersfield. APPROVED this//__~day of March, 1929 ~ '