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Home My WebLink AboutORD NO 2360ORDINANCE NO. 2360 NEW SERIES AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING VARIOUS SECTIONS OF CHAPTER 9.08 OF TITLE 9 OF THE MUNICIPAL CODE, CONCERNING PUBLIC POUND. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. That subsection (d) of Section 9.08.010 of Chapter 9.08 of Title 9 of the Municipal Code of the City of Bakersfield is hereby amended to read as follows: (d) "Dog kennel" means any lot, building, structure, enclosure or premises where more than three dogs over four months of age are kept, boarded or trained, or where any dogs are kept for the purpose of breeding or sale, excepting therefrom licensed veterinary hospitals. SECTION 2. That Section 9.08.050 of Chapter 9.08 of Title 9 of the Municipal Code of the City of Bakersfield is hereby 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 a bi-annual license fee in the amount prescribed by resolution of the Council of the City of Bakersfield. (b) The license fee as prescribed by the said City Council shall be due and payable on the first day of July of every other 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 said owner or the person having the care, custody and control or who has in his possession or harbors said dog. Upon exhibition of the proper certificate of vaccination or a proper certificate of exemption from vaccination, and payment of the license fee, there shall be delivered to the person making such pay- ment 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 distin- guishing 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 vaccinated or is exempt from the requirement of vaccination. (c) If any dog is found in or upon any place in the City with- out having an official tag attached to his collar or harness as required by this chapter, said dog shall be presumed not to have been vaccinated or licensed as required by this chapter and the City and the Health Officer may act upon such presumption in the absence of satisfactory proof of vaccination or licensing. (d) Whenever a dog tag issued for the current calendar year has been lost or stolen by parties unknown to the owner or person having the care, custody and control of the dog for which the same was issued, such owner or person having care, custody and control of such dog may, upon the payment of a fee in the amount prescribed by resolution of the City Council, and exhibition of his certificate of vaccination or of exemption from vaccination of such dog, and on making and subscribing to an affidavit of such loss of such tag, receive from the License Collector a duplicate tag for the remain- ing portion of the period for which the original tag was issued. SECTION 3. That Section 9.08.070 of Chapter 9.08 of Title 9 of the Municipal Code of the City of Bakersfield is hereby amended to read as follows: 9.08.070 Dog Kennel Permit--Revocation. (a) Every person, firm or corporation owning, keeping, or maintaining a dog kennel in the City of Bakersfield must first apply for and obtain a permit from the City Manager to maintain said dog kennel and shall pay a fee in the amount prescribed by resolution of the City Council. Such fee shall be in addition to the license fee for each dog, provided for in Section 9.08.040 and shall be due and payable on the first day of July of every other year or as soon thereafter as the dog kennel, as defined in subsection (d) of Section 9.08.010 is acquired. In any event the owner or operator of such dog kennel shall apply for and obtain a kennel permit not later than thirty days after the beginning of the operation of such kennel. (b) All dog kennels shall be so constructed as to prevent dogs confined therein from running at large off the premises where said kennels are maintained. All kennels shall be operated and constructed in a sanitary and proper manner so that the same will not become a nuisance to the neighborhood thereof. (c) No kennel permit shall be issued until the Building Director has determined that the same is constructed and operated in accord- ance with the provisions of this section. (d) The dog kennel permit shall be revocable by the City Manager whenever it is shown to his satisfaction that said kennel is being operated or maintained in violation of the provisions of this chapter or any other ordinance of the City of Bakersfield or any state law regulating dog kennels, or that its continued maintenance is detri- mental to the peace, health, safety or general welfare of the inhabi- tants of the neighborhood where said kennel is maintained. It shall be unlawful for any person, firm or corporation to maintain a dog kennel in the City of Bakersfield after his permit has been revoked. Such revocation becomes final on the eleventh day after notice unless an appeal is duly filed with the City Council. (e) Kennel permits in effect on the effective date of this amendment shall continue to be valid in accordance with the terms and conditions applicable to such permits. That Chapter 9.08 of Title 9 of the Municipal Code of to read as follows: (d) Notwithstanding any other provision of SECTION 4. subsection (d) is hereby added to Section 9.08.100 of the City of Bakersfield the chapter, a dog used by any state, county or city law enforcement agency shall not be quarantined after biting any person if such bite occurred while the dog was being used for any law enforcement purpose. The law enforcement agency shall make the dog available for examination at any reasonable time. The law enforcement agency shall notify the health officer if the dog exhibits any abnormal behavior. SECTION 5. That Section 9.08.160 of Chapter 9.08 of Title 9 of the Municipal Code of the City of Bakersfield is hereby amended to read as follows: 9.08.160 Redemption Charges. The fees and charges for redeeming animals impounded shall be as prescribed for the Health Officer. SECTION 6. That Section 9.08.190 of Chapter 9.08 of Title 9 of Municipal Code of the City of Bakersfield is hereby repealed. the SECTION 7. That Section 9.08.200 of Chapter 9.08 of Title 9 of the Municipal Code of the City of Bakersfield is hereby amended to read as follows: 9.08.200 Removal of Dead Animals From Public Streets and Places. (a) It shall be the duty of the Animal Control division of the City of Bakersfield or other designee named by the City Council by resolution, whenever it comes to its knowledge that any dead animal is upon any of the public streets, alleys, sidewalks, lanes or other public places or on property of any other than the person having the care, custody, or control of such animal, within the City of Bakers- field, to remove therefrom and transport the same to the animal shelter for proper disposition. It shall be a violation of this chapter for an owner or person formerly having had the possession or control of any dead animal to place any such dead animal in or upon any public street, alley, sidewalk, lane or other public place. Nothing herein shall be construed so as to prevent the owner or person who had possession or control of such animal while alive, to take up such animal and bury the same. (b) Such animal control division or other designee may, upon request of any owner or possessor of any dead animal which was kept or maintained in the City immediately prior to its death, take up and transport the same to the animal shelter for proper disposition, for which services a fee in the amount prescribed by resolution of the City Council may be charged. SECTION 8. This ordinance shall become effective thirty 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 11th day of July , 1977, by the following vote: ~an~d .x Off' CITY C.L E .k of the Counczlt of the City off/Bakersfield ~ ;~ ~//1 f ~ersf,eld APPROVED as to form: CITY ATTORNEY of akersfield STATE OF CALIFORN}A, t 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 Bakersfield; and that or_ ......................q.~.~:.Y....~]:_2. .......................................................................19...?.~?... he posted on the Bulletin Board at the City tIall, a full, true and correct copy of an ordinance passed by the Council of said City at a meeting thereof duly held on July 11 19.._.~.~, which ordinance was numbered. .... 2~0 ...................New Series, and entitled: AN ORDINANCE OF THE COUNCIL OF THE CITV OF BAKERSFIELD AMENDING VARIOUS SECTIONS OF CHAPTER 9.08 OF TITLE 9 OF THE MUNI- CIPAL CODE~ CONCERNING PUBLIC POUND. t~ DONALD F. STEWART ~,~ F40[ARY PUBLIC - CALIFORNIA M_Y COMMISSION I~PIRES JUNE ~ 1978 Subscribed and sworn to be_f ~ this