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HomeMy WebLinkAboutORD NO 345EMERGENCY ORDINANCE NO. 3~NEW SERIES AN EMERGENCY ORDINANCE ESTABLISHING A PUBLIC POUND, PRESCRIBING THE POWERS AND DUTIES OF THE POUNDKEEPER, FIXING THE FEES TO BE COLLECTED BY HIM, AND THE DISPOSITION OF SA~E, AND PROVIDING A PEN- ALTY FOR VIOLATION OF THE PROVISIONS OF THIS EMERGENCY ORDINANCE, AND REPEALING 0R~INANCE N0. ~22 NEW SERIES OF THE CITY OF BAKERSFIELD. '~EREAS, the health, safety end welfare of the inhabitants of the City of Bakersfield require the passage of an emergency ord- inance regulating the public pound, BE IT 0HDAINED BY THE COUNCIL OF THE CITY OF BAKEHSFIELD, as follows: SECTION 1. A Public Pound is hereby authorized end established in the City of Bakersfield. SECTION 2. It shall be the duty of the pound keeper to take and have charge of the city pound end it shall be his duty to take and impound all animals foLmd at large upon any street, sidewalk, lane alley or other public place or unenclosed place within the City of Bakersfield, except dogs which have been regularly registered, and' it shall be his duty to take and impound all dogs found any place within. the City of Bakersfield contrary to the provisions of this ordinance. SECTION 3. It shall be the duty of the poundkeeper to register each year, as soon as possible after the first day of January thereof, all dogs in the. City of Bakersfield, in a book Rept for that purpose to be known and designated as the "DOG ~EGIS~qER BOOK"; such registration shall contA'in a description sufficient to identify each such dog; and the name and address of the ownerS, if residing within the City of Bakersfield, end 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 dat.e_ of registration. For each dog so .. registered, as provided here in, there shall be charged the follow- ing sums: For each female dog ..................... C~4.00 For each male dog ....................... ~2.00 Provided, however, that for each dog kept in or belonging to a kennel, the registration fee shall be one dollar (?~il.O0) for each and every dog in said dog kennel; and provided further, that the minimbur. A fee for registering said Dog Kennel shall be the sum. of ten dollars ($10.00). SECTION 4. 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 pay.~ble by the said owner or person having the care, custody and control, or who has in his possession or har- bors, said dog or dogs, as aforesaid. Upon the payment of the reg- istration fee, as provided in Section ~ of this ordinance, 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 "DOG TAG, CITY OF B~KE~.FIELD", stamped thereon, end such tag, while it is attached to the collar upon the neck of such dog shall exempt same from being impounded during the calendar year designated on said tag, except as hereinafter provided for vicious or dangerous dogs end female dogs in heat. SECTION 5. · Ever~y person, firm or corporation owning, keeping or main- taining a Dog Kermel within the City of Bakersfield must first apply for end obtain a permit from the ~-Eanager of said City to so keep and maintain said dog kennel. Such permit when so issued shall be num- bered and the number thereof inserted in the Dog Register Book, to- gether with 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 m~erely the house or place where same are kept. . SEC-TION 6. ' '?'' ' 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, snd con~nitted to the poundkeeper~/who shall hold the same subject to reasonable denland for damsges in ad- dition to the fees prescribed in this o~dinance. SECTION V. The poLu~dkeeper 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 e~trance 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. SEC TION 8. All animals, excepting dogs, taken into the custody of the poundkeeper, if not reclai~sd within twenty-four hours there- after, may be sold by the poundkeeper, after giving at least three (B) days' notice of such sale. SECTION 9. The notice shall describe the animal and shall state the tinLe and place of sale., and shall be posted up in three public places in the city, one of which notices shall be posted at the entrance of the pobmd. 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 Bakersfield, who shall after first deducting the fees and charges, pay over the sur- plus ~roc~'eds to the owner of such animal sold upon a warrant ordered by the City Council, if claimed ~vithin six months thereafter. SECTION 10. 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 ll. 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 .~°.00. For keeping every animal, per day, $0.80. A commission of twenty per cent (2.0~) on all sales. SECTION 12. Any person rescuing, or attempting to rescue any animal from the possession of the poundkeeper ~vhile about to convey the same to the pound, or in any way, directly or indirectly, removes or delivers same from said pound, or from the possession of said poundkeeper, or causes or enables same to escape therefrom, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable as provided herein. SECTION 13. It shall be unlawful for any person to wilfully abandon or turn loose to run at large, any animal unfit for further use by disease, old age or injury. SECTION 14. All persons o~vning or having 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 18. The poundkeeper shall keep all dogs taken up by him for m days thereafter, and if redeBmed, is entitled to-charge and re- ceive in addition to the tax hereinafter provided for, one dollar' for each dog, provided, however, that he may charge five' dollars for ~he~.redemption of a vicious or dangerous dog, or female dog in heat, the 'first time such dog is taken up, and tv~enty-five dollars for each and every time thereafter, that such dog is taken up. If such dog be not redeemed within three days, he shall dispose of it by sale or gift, or 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 18. .All moneys collected under the provisions of this ordinance shall be paid by the official collecting the same to the treasurer of the City of Bakersfield, together v~ith a statement covering the said collection, taking the treasurer's receipt therefor. SECTION 1V. The actual reasonable cost of feed furnished all animals confined in said public pound b~T the poundkeeper, shall be a proper charge against the general fund of the City of Bake~0sfield and the actual cost of disposing of the remains of any animal destroyed by the poundkeeper under the provisions of this ordinance, shall also be a proper charge against the general fund of said city, except as provided in Sections 18 and ~1 of this o.~"dinance, which sums or sum shall be refunded to the poundkeeper upon his filing with the City Auditor the receipts covering such expenditures. SECTION 18. Semi-annual reports of 'the poundkeeper showing the amounts collected, the amounts expended, the work performed and general re- port of the poundkeeper shall be furnished by said poundkeeper in writing to the City ~,~anager each year. SECTION 19. The poundkeeper for the purpose of carrying out the provi- -5- sions of this ordinance shall be appointed by and serve at the pleasure of the City ~anager of the City of Bakersfield. SECTION Any person who wilfully refuses, fails or neglects to furnish to said poundkeeper, the required information necessary to propsfly register all dogs in said dog register book, as pro- vided herein, or who shall resist, object to or prevent the pound- keeper 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 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 imprison- ment 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 payment of any fees provided for in this ordinance due and remaining unpaid. SECTION 21. Whenever any animal is taken up for impob~ding, 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 hours thereafter, destroy such animal, upon examination and recormnendation of the City Health Officer, or any responsible Veterinary Surgeon, but no charge therefor shall be made against the City of Bakersfield. SECTION 2~. It shall be the duty of the poundkeeper, upon the request of any owner or possessor of any dead animals, to forth~vith bury or destroy the same, in such manner as the Health Officer may prescribe fo~ which services he shall charge and collect the following fees: -6- 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 ...... ~.2.50 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 kno~vledge that any dead animal is upon any 'of the public streets, alleys, sidewalks, lanes or other public or un- enclosed place within the Jity 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 ascertained, the fees provided in Section 9.2 of this ordinance. SECTION V'.,henever a dog tag issued for the current year has been lost or taken or stolen by parties unknovm to the owner or person hav- ing 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 pa3unent of fifty cents and on making and subscrib- ing to an affidavit of such loss of such tag receive from the pound- keeper a duplicate tag for the remaining portion of the year for which the original dog tag was issued. SECTION 25, 1.,~:henever the word "dog" is used in this ordinance it shall be deemed' to include female as well as male dogs, irrespective of age. SECTION 26. Emergency Ordinance No. 522 New Series, of the City of Bakersfield, relating to a public pound and the licensing of dogs, be and the same is hereby expressly repealed. -V- SECTION 2V. This emergency ordinance shall be in effect immediately upon its passage by the Council of the ~ity of Bakersfield. ..... o0o ..... I HEHEBY CERTI~Y that the foregoing Emergency Ordinance was passed and adopted by the Council of the City of Bakec'sfield, On the/~ay of May, 1930, by the following vote: Ayes: Benson, C, lb~, Cox-'~et~, Headen, ,IohnsonZ Martin, ======================================= /~ ay oi~ , C ty~~o i Clerk of the Council of the City of Bskersfield. 1930.