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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 -1- 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 -2- 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. -~- 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 -6- 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.