HomeMy WebLinkAboutORD NO 526AN ORDINANCE ESTABLISHING A PUBLIC POUND, PRES-
CRIBING THE P0'~ERS A~D DUTIES OF THE POUNDMASTER,
FIXING THE FEES TO BE COLLECTED BY HIM, AND THE
DISPOSITION OF SAi~E, PROVIDING A PENALTY FOR VI0-
LATION OF THE PROVISIONS OF THIS ORDINANCE AND
REPEALING EMERGENCY ORDINANCE N0. 348 N~¥ SERIES
AND EMERGENCY ORDINANCE N0. 382 NE~ SERIF. S OF THE
CITY OF BAKERSFIELD.
BE IT 0RDAINED BY THE COUNCIL OF THE CITY OF BAKERSFIELD,
as follows:
SECTION 1.
A Public Pound is hereby authorized and established in
the City of Bakersfield.
SECTION 2.
It shall be the duty of the poundmaster t o take and have
charge of the city pound and it shall be his duty to take and impound
all animals found 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
also excepting dogs under the age of six months, running with their
mothers, fastened securely by a chain, rope, or leash, or confined
within the private property of their ovmers; 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 License Collector to register
each year, as soon as possible after the first day of January thereof,
all dogs in the City of Bakersfield, except dogs under the age of
six months as provided for in Section 2 of this ordinance, in a book
kept for.that purpose to be known and designated as the "DOG REGISTER
BOOK"; such registration shall contain a description sufficient to
identify each such dog; and the name and address of the o~wner, if
residing within the City of Bakersfield, and if not, then the per-
son having the care, custody and control of, or who has in his
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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 following sums:
For ea e ........ .. .... ....... 4.00
For each spayed female dog..... .........
For each male dog... .......... . ...... ...
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 ($10.00) dollars.
SECTION 4.
Registration fee provided in this ordinance shall b e
due and payable at the time of said registration, and same shall
be charged against and be payable by the said owner or person
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 registration fee, as provided in Section 3 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 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 calendar year
designated on said tag, except as hereinafter provided for vicious
or dangerous dogs and female dogs in heat.
SECTION 5.
Every person, firm or corporation owning, keeping or
maintaining a Dog Kennel 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 when so
issued shall be numbered and the number thereof inserted in the
Dog Register Book, together with other data required to sufficiently
describe said dog kennel. A "Dog Kennel" within the meaning of
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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.
SECTI ON 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, and committed to the poundmaster,
who shall hold the same subject to reasonable demand for damages
in addition to the fees prescribed in this ordinance.
SECTION V.
The poundmaster 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 pro-
vide 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 8.
All animals, excepting dogs, taken into the custody of
the poundmaster, if not reclaimed within twenty-four (24) hours
thereafter, may be sold by the poundmaster, 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 ,lace 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 pound. At the time advertised, the poundmaster
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 poundmaster 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
within 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 poundmaster all fees and charges
thereon, and if a dog, by paying the fee for registration thereof,
in addition, if not paid.
SECTION 11.
The poundmaster shall charge and collect the following
fees and charges from persons redeeming animals taken up or im-
pounded:
For taking up and impounding any animal, excepting dogs,
the sum of two (92.00) dollars.
For keeping every animal, per day, fifty cents (~.50).
A commission of twenty per cent (20%) on all sales.
SECTION 12.
Any person rescuing, or attempting to rescue any animal
from the possession of the poundmaster 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 poundmaster, or causing or enabling 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.
SECTI ON 14.
All persons ovming or having under their control vicious
or dangerous dogs or female dogs in heat shall keep same secv~ely
inclosed. It shall be the duty of the poundmaster to take and
carry away and impound all vicious and dangerous dogs and female
dogs in heat not securely inclosed.
SECTION 15.
The poundmaster shall keep all dogs taken up by him for
three 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 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 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 bu~ied by the poundmaster without
further charge to the city.
SECTION
All moneys collected under the provisions of this ordin-
ance shall be paid by the official collecting the same to the
treasurer of the City of Bakersfield, together with 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 by the poundmaster, shall be a proper
charge against the general fund of the City of Bakersfield, and
the actual cost of disposing of the remains of any animal destroyed
by the poundmaster under the provisions of this ordinance, shall
also be a proper charge against the general fund of said city,
except as provided in Section 18 and 21 of this ordinance, which
sums or sum shall be refunded to the poundmaster upon his filing
with the City Auditor the receipts covering such expenditures.
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SECTION 18.
Semi-annual reports of the poundmaster showing the amounts
collected, the amounts expended, the work performed and general re-
port of the poundmaster shall be furnished by said poundmaster in
writing to the City Manager and City Auditor, not later than July
15 and January 15 of each year.
SECTION 19.
The poundmaster 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 Bakersfield.
SECTION 20.
Any person who wilfully refuses, fails or neglects to
furnish to said poundmaster or License Collector the required informa-
tion necessary to properly register all dogs in said dog register
book, as provided herein, or who shall resist, object to or prevent
the poundmaster 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 mls-
demeanor 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 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 t~is ord-
inance due and remaining unpaid.
SECTION 21.
Whenever any animal is taken up for impounding, ~vhich
by reason of age, disease or other infirmity is unfit for further
use or dangerous to be kept impounded, the poundmaster shall within
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twenty-four hours thereafter destroy such animal, upon examination
and recommendation of the City Health Officer, or any responsible
Veterinary Surgeon, but no charge therefor shall be made against
the City of Bakersfield.
SECTION 22.
It shall be the duty of the poundmaster 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 follow-
ing fees:
SECTION
For burying or destroying horses, oxen, bulls,
or cows, per head. ..... .. .............. ---.-... $6.00
For burying or destroying Jacks, mules, steer
or colts, per head ......... . ....... ....-.-..... $6.00
For burying sheep, goats or calves, per head... $2.60
For burying dogs, or other animals not enumer-
ated, each......... ....... ..-....-...--........ $1.60
It shall be the duty of the poundmaster whenever it comes
to his knowledge that any dead animal is upon any of the public streets,
alleys, sidewalks, lanes or other public or menclosed 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 ascertained, the fees provided in Section
22 of this ordinance.
SECTION
'Whenever a dog tag issued for the current year has been
lost or taken or stolen by parties unkno~m to the owner 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 tag, receive from
the License Collector a duplicate tag for the remaining portion of
the year for which the original dog tag was issued.
SECTION
V~enever the word "dog" is used in this ordinance it
shall be deemed to include female as well as male dogs, irrespective
of age.
SECTION 28.
Ordinance ~n. 345 New Series of the City of Bakersfield
and Ordinance No. 352 New Series of the City of Bakersfield be and
the same are hereby expressly repealed.
......... o0o .........
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 on the~~ay of~,,
1938, by the following vote:
City Clerk and Ex-, ficio Clerk of the
Co~uxcil of the City of Bakersfield.
APPROVED by me this.~.~ay of
the City of Bakers field.