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HomeMy WebLinkAboutORD NO 2525ORDINANCE NO. 2525 NEW SERIES AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING CHAPTER 9.08 OF THE MUNICIPAL CODE BY AMENDING SECTIONS 9.08.010(b), 9.08.010(e), 9.08.050(a) AND (b), 9.08.110 AND ADDING SECTION 9.08.245, RELATIVE TO THE PUBLIC POUND. BE as follows: IT ORDAINED by the Council of the City of Bakersfield Sections as follows: SECTION 1. 9.08.010(b) and 9.08.010(e) are amended to read 9.08.010(b) "Health Officer" means the duly appointed or acting officer of the County of Kern, or any person or organization who, by contract with the City of Bakersfield, has the responsibility of an animal control officer in charge of a public pound, the licensing of animals and the impounding of such animals. 9.08.010(e) "License Collector" means the person authorized by the City to collect a license fee for owning and maintaining a dog or dogs. SECTION 2. Sections 9.08.050(a) and (b) are amended to read as follows: 9.08.050 License Fee - Tag - Issuance of Duplicate Tag. (a) Every person, firm or corporation owning or maintaining a dog or dogs in the City of Bakersfield, excepting dogs under the age of four months as provided for in Section 9.08.040, shall pay to the License Collector an annual license fee in the amount prescribed by resolution of the Council of the City of Bakersfield. (b) The license fee prescribed by the City Council shall be due and payable on the first day of June of every year, or as soon thereafter as any dog subject hereto is brought into the City of Bakersfield, or whenever any dog exempted under subsection (a) hereof reaches the age of four months, and the same shall be charged against and be payable by the owner or the person having the care, custody and control or who has in his possession or harbors said dog. Such license fee shall be delinquent sixty (60) days after due and payable and a delinquency fee of two dollars ($2.00) shall be added to the license fee. Upon exhibition of the proper certificate of vaccination or a proper certificate or exemption from vaccination, and payment of the license fee, 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 "BAKERSFIELD DOG TAG" stamped thereon, which dog tag shall be securely fastened to a collar or harness, which must be worn at all times by the dog for which the tag was issued. If the dog is exempted from vaccination the dog tag shall have a distinguishing mark as evidence of such fact. Said tag, while attached to a dog's collar or harness, shall be prima facie evidence that the dog for which the same was issued has been licensed during the calendar year for which said tag was issued, and has been vac- cinated or is exempt from the requirement of vaccination. SECTION 3. Section 9.08.110 is amended to read as follows: 9.08.110 Vicious Dogs. If it shall be determined by the Health Officer that the dog is a vicious dog, the Health Officer shall thereupon order the person who owns or has the custody of said dog to keep the dog at all times securely fastened by chain, or securely confined with the private property of such owner or person having the custody of said dog, or keep said dog in such manner as the Health Officer shall direct, to prevent it from biting or having the opportunity of biting any person, including persons lawfully on the premises where said dog is so fastened or confined, until further order of the Health Officer. Any violation by the owner or person having custody of said dog, of the order of the Health Officer, shall constitute a violation of this chapter. In determining whether or not said dog is vicious, the Health Officer shall be guided by the following: (a) Whether or not the dog has bitten any person or persons at any time other than the occasion which gave rise to the operation of Section 9.08.100(a) hereof; (b) temper or ferocity of the dog; (c) The reputation of the dog its temper and ferocity; and The circumstances surrounding the occasion indicating the in the community in regard to (d) Its general menace to the public. This section shall be operative even though the dog in question has been vaccinated and licensed as required by this chapter. SECTION 4. Section 9.08.245 is hereby added to read as follows: 9.08.245 Entry on Premises. In the enforcement of this chapter, Animal Control Officers may enter upon private or public property in order to issue citations or warnings, to obtain information about a dog or dogs, to inspect premises for the restraint of dogs deter- mined to be vicious or to remove dogs from the premises where neces- sary to impound them. SECTION 5. This ordinance shall be posted in accordance with the City Charter provisions and shall become effective thirty (30) days from and after the date of its passage. .......... 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 19th day of SeDtember , 1979, by the following vote: CITY~ERK n~~fOfficio Clerk of the Council of the City of Bakersfield MA]~OR~df 't~ae C~ty of Bakersfield 1979 APPROVED as to form: CITY ATTORNEY of the~ty of Bakersfield Affi a ! of r uan es STATE OF CALIFORNIA, f County of Kern ss. H. E. BERGEN, being duly sworn, deposes and says: That he is the duly appointed, acting and qualified City Clerk of the City of Rakersfield; and that on ......................................~.~J~.~_m...b..~.~.....~.~. .............................., 19._~.?... he posted on the Bulletin Board at the City Hall, a full, t~'ue and correct copy of an ordinance passed by the Coundl of said City at a meeting thereof duly held on .~P.~.~.~.12.~.~....:~:..~..,. ....................................., 19.~..9....., which ordinance was numbered ...... 25.2.5 ...................New Series, and entitled: AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING CHAPTER 9.08 OF THE MUNICIPAL CODE BY AMENDING SECTIONS 9.08.010(b), 9.08.010(e), 9.08.050(a) AND (b), 9.08.110 AND ADDING SECTION 9.08.245, RELATIVE TO THE PUBLIC POUND. Subscribed and sworn to before me this .~..~ ..... day of....~ ....... 19...7~