HomeMy WebLinkAbout11/04/1999 BAKERSFIELD
David Couch, Chair
Patricia J. DeMond
Jacquie Sullivan
'Staff: Trudy Slater
SPECIAL MEETING NOTICE
LEGISLATIVE AND LITIGATION COMMITTEE
of the City Council - City of Bakersfield
Thursday, November 4, 1999
1:30 p.m.
City Manager's Conference Room
Second Floor- City Hall, Suite 201
1501 Truxtun Avenue, Bakersfield, CA
AGENDA
1. ROLL CALL
2. ADOPT SEPTEMBER 30, 1999 AGENDA SUMMARY REPORT
3. PUBLIC STATEMENTS
4. DEFERRED BUSINESS
A. CONSIDERATION AND COMMITTEE RECOMMENDATION REGARDING
POLICY ISSUES RELATING TO EDITING AND TRANSMITTING TELEVISION
BROADCASTS OF CITY COUNCIL MEETINGS
5. NEW BUSINESS
A. REVIEW OF PROPOSED ORDINANCE AND COMMITTEE RECOMMENDATION
REGARDING AMENDING CHAPTER 6.04 'TO THE BAKERSFIELD MUNICIPAL
CODE RELATING TO ANIMAL CONTROL AND REGULATION OF DOGS
6. ADJOURNMENT
P:\L&LV~GN991104
DRAFT
BAKERSFIELD
A y, city David Couch, Chair
Staff: Trudy Slater ~ Patricia J. DeMond
/
Jacquie Sullivan
AGENDA SUMMARY REPORT
LEGISLATIVE AND LITIGATION COMMITTEE
Regular Meeting
Thursday, September 30, 1999
1:30 p.m.
City Manager's Conference Room
1. ROLL CALL
Called to order at 2:05 p.m.
Members present: Councilmember David Couch, Chair
Councilmember Patricia DeMond
Councilmember Jacquie Sullivan
2. ADOPT AUGUST '19, 1999 AGENDA SUMMARY REPORT
Adopted as submitted.
3. PRESENTATIONS
None
4. PUBLIC STATEMENTS
None
Agenda Summary RepOrt
Legislative and Litigation Committee
September 30, 1999
Page 2
5. DEFERRED BUSINESS
A. CONSIDERATION AND COMMITTEE RECOMMENDATION
REGARDING VOTING AND NOMINATION PROCEDURES FOR
COMMISSIONS, BOARDS AND COMMITTEES
City Attorney Bart Thiltgen explained the procedure outlined in his memorandum to
Council in his memo of August 24 regarding a proposed "Voting Process for
Commissions and Boards." In the proposed procedure, the person who receives
a majority of votes on the first ballot is appointed. The process to be used when a
majority vote is not achieved on the first ballot was also explained. City Clerk
Pamela McCarthy handed out an example ballot.
After questions, Committee members unanimously approved the proposed
procedure. Staffwas directed to prepare a Committee report indicating approval of
the policy procedure and recommendation to Council that it accept the proposed
policy change.
6 NEW BUSINESS
A. REVIEW AND COMMITTEE RECOMMENDATIONS REGARDING
LEAGUE ANNUAL CONFERENCE RESOLUTIONS
Administrative Analyst Trudy Slater indicated that recommendations had been
received from department heads on proposed League resolutions and explained
the reasons for recommended positions. After discussion, the Committee
directed staff to forward to the City Council the following positions for the 16
proposed League propositions to be voted on at the League's annual conference
in San Jose October 10-12, 1999:
Approve: Resolutions 1, 2, 5, 6, 9, 10, 11, 12, 13, 14 and 16
No action: Resolutions 3, 4 and 8
Refer to appropriate policy committee for study: Resolution 15
Approve only if City proposed changes are incorporated: Resolution 7
(City Attorney letter to Voting Delegate to define expectations for noticing
requirements)
The City Attorney will provide a letter to the Voting Delegate, which he will take
with him to the League Conference, outlining the City's proposal to change
Agenda Summary Report DRAFT
Legislative and Litigation Committee
September 30, lggg
Page 3
Resolution #7 relating to CEQA noticing requirements. Administrative Analyst
Trudy Slater explained that as Proposed resolutions can change during the
course of the Annual Conference the Voting Delegate, as the City's
representative, has the authority to forward the Council's agenda, as is in
keeping with the Council's historical directive.
B. REVIEW OF PROPOSAL TO ADD CHAPTER 1.17 TO THE BAKERSFIELD
MUNICIPAL CODE RELATING TO USE OF MAIL BALLOT ELECTIONS
UNDER PROPOSITION 218
City Attorney Bart Thiltgen explained that the proposed ordinance on mail ballot
elections, in accordance with provisions of Proposition 218, puts in place a
process to be used by the City should a future need arise to use a mail-in ballot.
Mr. Thiltgen, Chief Assistant City Attorney Bob Sherry and City Clerk Pamela
McCarthy answered questions relating to how the process would work,
facilitation of elections, who would/could tabulate election results, election costs,
and compliance with State law.
After discussion, the Committee voted unanimously to support the proposed
ordinance and forward it to Council for approval. The City Attorney was directed
to place within the administrative report a full description of the use of and
applicable processes which could be used in the event of a mail-in ballot
election. The City Clerk was asked to see if information was available on how
many other California cities currently have similar ordinances.
7. COMMITTEE STATEMENTS
None..
8. ADJOURNMENT
The meeting adjourned at 3:10 p.m.
Staff Attendees: City Manager Alan Tandy, Administrative Analyst Trudy Slater; City
Attorney Bart Thiltgen, Chief Assistant City Attorney Bob Sherry; City
Clerk Pamela McCarthy
Other Attendees: None
(P:[L&L~L990930.MIN)
KERN COUNTY
KERN GOVERNMENT CHANNEL
PROGRAMMING POLICIES
OBJECTIVES
KGOV objectives are to distribute a variety of information about government, its
programs and services, and issues of broad community interest. Specific objectives
include:
1. Expanding citizen awareness of government and its decision-making processes by
airing live and taped versions of Board of Supervisors meetings.
2. Providing information about programs and services offered by county
departments, agencies, boards and commissions.
3. Providing and distributing programming of interest to the public that will inform,
educate and enlighten, as well as encourage participation in government services,
activities and decision making.
4. Function as a primary means of addressing the public and disseminating
information during disasters and major emergencies.
USE POLICIES
1. KGOV is intended to provide information about local government. Requests to
air programming from county departments, commissions or agencies should be
directed in writing to the KGOV Station Manager.
2. KGOV will charge for air time based on the actual cost of operation including
staff expense, station maintenance and equipment replacement allowance. All
charges will be disclosed in advance, prior to airing programming.
PROGRAMMING REVIEW
Programming submitted from eligible applicants for airing on KGOV will be evaluated to
determine if the proposed programming is:
1. Of a governmental nature
2. Of countywide interest
3. Of broadcast quality
4. Within acceptable community standards
5. Within the KGOV programming content guidelines
Kem County Page 2
Kem Government Channel Programming Policies
PROGRAMMING RESTRICTIONS
KGOV resources may not be used to produce or distribute any programming that:
1. Contains obscene or indecent matter
2. Contains libelous or slanderous matter
3. Promotes the sale of commercial products or services including advertising by
and/or on behalf.of candidates for public office.
4. Promotes any lottery as defined by Federal Communications Commission
regulations or any advertisement of or information concerning a lottery.
5. Advocates any position and/or opinion regarding any item which may appear
before the County Board of Supervisors
It is realized that grants and/or other types of support may be used to underwrite the cost of
developing programming. In those instances, an acknowledgment may be placed at the
beginning and end of the programming; ie "This program is/was made possible by a grant from
the XYZ Corporation."
All entities submitting programming will be responsible for securing all rights and clearances
from broadcast stations, networks, sponsors, music licensing organization representatives and
any other holders of copyrights and/or restrictions associated with the programming to be aired.
All programming submitted for broadcast will be reviewed by KGOV staff as to content
requirements. Any disagreements regarding'programming requirements will be referred to the
County Administrative Officer for review and final determination.
LIVE BROADCASTS
Live broadcasts of Board of Supervisors meetings shall conform to the following operations
guidelines:
1. Meetings will be identified as to the date and time of the session immediately
prior to each meeting.
2. A "Wide Shot" of the Chambers shall be broadcast with background music ONLY
until the meeting is called to order.
3. Once called to order, video and audio will be broadcast throughout the session.
4. No closeups of Board membei's or any other persons will be broadcast unless they
are speaking.
5. No members of the audience will be shown unless that person is recognized by the
Chair.
6. There will be NO close up reaction shots of Board members, staff or any member
of the audience.
r~ Kem County Page 3
Kem Govemment Channel Programming Policies
7. Live meetings will be aired "gavel to gavel."
8. At the conclusion of each meeting, the Board audio will be immediately muted,
background music will be played and the "Wide Shot" will be displayed during
the credits.
9. In the event of an emergency, the Chair may order the live broadcast terminated.
10. All meetings will be recorded on broadcast format and raw footage will be
retained for thirty days.
11. A VHS copy of the gavel to gavel meeting will be forwarded to the Beale Library
for viewing only.
EDITING GUIDELINES
All re-broadcasts of Board meetings will be in edited form. All meetings for any given week
shall be edited into a single presentation. For the purposes of this section, the term "series" shall
mean all Board meetings within a given week. The following procedures shall be applied to
weekly series:
1. All edited meetings shall display a message every 10 minutes on the bottom of the
screen that states "This program is an edited version of meetings conducted during
the week of XXXX."
2. Any edit point where programming is being removed shall cut to black for at least
½ second to make the edit obvious to viewers.
3. On the first meeting of the series, the flag salute and consent agenda sections shall
remain. On all subsequent meetings in the series, these sections shall be removed.
4. Closing credits shall be removed from all but the final meeting of the series.
5. Only agenda and emergency non-agenda items shall be aired. The non-agenda,
public comment section of each meeting'shall be removed.
6. Each series shall open and close with the Kern Government Channel station
identifier.
MODIFICATIONS TO POLICIES
Any modification, addition or deletion of any part of these policies must be approved by the
Board of SupervisOrs.
-- Chapter 6.04 -
PUBLIC POUND -- DOG LICENSES
Sections:
6.04.010 Definitions.
6.04.020 Public pound established.
6.04.030 Duties of health officer·
6.04.035 Duties of animal control officers·
6.04.040 Dog lic..ense -- Required -- Vaccination.
6.04.050 Dog license -- Fee -- Tag -- Issuance of duplicate tag.
6.04.060 Dog license -- Fee ~ Collectors.
~ C4 C7C "'-- ' ..... ' .... " ~' .... " ..... '- " ...... '"'~- Reserved.
6·04.080 Dogs without vaccination -- Destruction of rabid animals.
6·04.090 Examination when rabies suspected·
6.04.100 Reports of biting dogs --Quarantine -- Destruction of animals afflicted
with rabies.
=-, 04 ~,'" =-; ...... "
· . ,,, V,,,,,,~,o ,,, ~,,,,,u,~,~,~,° an[,~als.
6.04.120 Property damage'-- Female dogs in heat.
6.04.130 Impounded animals- Records- Care during impoundment.
6.04.140 Impounded animals-- Disposition.
6·04.150 Impounded animals- Redemption procedure·
6.04.160 Impounded animals- Redemption charges.
6.04.170 ~'= ..... '~ ----~--
~,,o=,,o,~,,, ,,u=,, ,,, [nj~ra~ AbandOned animals.
6.04.180 Interfering with impounding or removing animals from pound.
6.04.190 Removal of dead animals from public streets and places.
6.04.200 Restraint of dogs which chase, snap or bite·
6.04.210 Semiam~tat Reports by health officer.
6.04.220 Dogs at large ~ Impounding·
6·04.230 Keeping noisy animals.-- Complaints -- Investigation.
6.04.240 ~-' .........
~,,,, ~ ,,,, pr~v~t~ pr~m~ ,.,, ~,,,,,,,,. ~,,,~,,~, ,~. Natural enemies·
""' "=" *-:---' ..... -'--- "-' .......' '~'":-- Reserved
6.04.260 Animal wardefts Control Officers -- Carrying loaded firearms
authorized·
6.04.270 Violation-- Penalty.
6.04·010 Definitions.
When used in this chapter, the following terms shall have the meaning specified in this
section unless a different meaning clearly appears from the context:
A. "Animal control office~' means any officer employed to enforce the provisions of this
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S:\SPCA\title6ordrevrdlnE.wpd Page 1 of 13
title by the organization which, by cSntract with the city, is respo-n-sible for the operation of
a public pound, the licensing of animals and the impounding of such animals within the city.
"Animal control officer" includes license collectors.
B. "Animal owner" means any_person or entity who owns or has custody___o__r__p__o__s~ession
of a dog or other animal referred to herein.
BC_.. "Dog" includes both male and female dogs, irrespective of age.
D. "Health officer" means the executive director of the organization,__o_r_hi_s design~_e~
which, by contract with the city, has the responsibility of enforcin~ th.__===__e__Dro_¥isjon~of this
chapter, ar,
E. "License collector" means the person authorized by the city to collect a license fee
for owning and maintaining a dog or dogs.
F. "Vicious dog" means only a dog which has been ~ determined to be vicious
by the health officer pursuant to the authority vested in him by the provisions of Section
6.04.110 herein. (Ord. 3496 § 1, 1992: Ord. 3256 § 1, 1989: prior code § 9.08.010).
6.04.020 Public pound established.
A public pound is authorized and established' for the city. (Prior code § 9.08.020).
6.04;030 Duties of health officer.
A~ It shall be the duty of the health officer to take and have charge of the public pound
and to take and impound all animals:~_excepting cats, found at large upon any street,
sidewalk, lane, alley, park or other public place, or upon the property of any person,__other
o,,,~,, o, ,,,,,=, without
than the animal owner,===_ ptr~r_,r, r~'¢;r, lr, g r_,r ,~'-',=,,,': ...... ,~ ,~,~o,,~,~y'~' ....... ,~, ,~,~, ,,,,~,'-^' ,~f ..... '- --~--' '
the permission of the owner or occupant of such propertyj-and
B. ,It shall be th=~ ,~,~ duty of the health officer to take and impound all animals found
in any place within the city which are being kept or maintained contrary to the provisions
of this chapter, including diseased, aged or injured animals.~^~,~ ..... ' '~',, ,=, bs o,*~'-",o,, r,~t take
· ..:~,~,:A- ~, o~-.:-- ~ ~,, ,~-,n (p ,or code § 9 08 030)
;n ,,~,,=,,,,,, ~,, ,~,.,,,,,, ,~.,,-,.,_, ,~. r . . .
6.04.035 Duties of animal control officers.
A....~ It shall be the duty of the animal control officers of the city to enforce the provisions
of this title under the direction of the health officer.
B~ Pursuant to the provisions of California Penal Code Section 836.5, any animal
control officer of the city may enforce the provisions of this title and may arrest a person
without a warrant whenever that officer or employee has probable ~ cause to
believe that the person to be arrested has committed an infraction or misdemeanor in his
September 24, 1999
S:\SPCA\title6ordrevrdlnE.wpd Page 2 of 13
presence which is a violation of a~ of the provisions of this title-.An animal control officer
making an arrest under the authority of this section shall follow the citation-release
procedures prescribed in Chapter 5C, Title 3, Part 2 of the California Penal Code (Sections
853.5, et seq.) or such procedure hereafter enacted by the State of California. (Ord. 3496
§ 2, 1992).
6.04.040 Dog license -- Required -- Vaccination.
A. It is unlawful for any animal owner person ownlng, harborlng, or """:-- '" .....
,.,,o,,.,,,y ,.,, ~,,.,oo=oo,,,,, o, s, ny clog to keep or maintain a__ acty-eueh dog in any place in the
city, unless sai~_~__d_ such dog is licensed as provided in Section 6.04.050. This section shall
have no application to dogs under the age of four months fastened securely by a chain,
rope or leash, or confined within the private property of their owners.
B. The license collector shall not license any dog until it has been vaccinated with
canine rabies vaccine by injection or other method approved by the health officer during
the calendar year for which it is licensed, and the animal owner or person in possession
~ shall produce a certificate of such vaccination, unless the owner or person in
possession of the same submits a certificate from a'licensed veterinarian issued within the
preceding sixty days stating that in his opinion the rabies vaccination would be likely to
seriously injure the dog. Any dog so exempted from rabies vaccination shall be restricted
to the enclosed yard of the owner or person in possession of the same except when held
upon a chain, rope or leash. Any violation thereof by the owner or person in possession
of such dog constitutes a violation of this chapter.
"'- "--"~' -~" ..... any duly authorized
C. The vaccination shall be performed by ,,,= ,,=o,,, ,.,,,,,.=,, ,.,,
pe_rson_; and licensed physician or veterinarian. The person vaccinating said dog shall issue
to the animal owner or person ;r, possession of o~,,,~ dog a certificate-of vaccination.
D. It is unlawful for any animal owner person own;rig, hsrbor;ng ,.,, ,,o,,,,~ ,,,~ ,.o,,~,
,.,,.,o,,.,,,~ .,.,, possession ,.,, shy,,,.,~-- to keep or maintain any such dog in any place in the city
unless such dog has been vaccinated as required by this section, excepting dogs under
the age of four months fastened securely by a chain, rope or leash, or confined within the
private property of their owners, and excepting dogs exempted from the requirement of
vaccination by reason of the likelihood of serious injury as provided in subsection B of this
section. (Prior code § 9.08.040).
6.04.050 Dog license -- Fee -- Tag -- Issuance of duplicate tag.
A. Every animal owner person, firm or corpors, tlon
~, ,.,,.,~ Or dogs
shall pay to the license collector a biermiat license fee in the amount prescribed by
resolution of the council of the city. e__~_x_c___e_p_t_¢o~qs_up_der the age of four months as provided
for in Section 6.04.040.
B. The license fee as prescribed by the city council shall be due and payable
--" '"'- ~'--' ....... · -'--" '-^ "' '^ bj pt ght
o,,,., ,,,- ,,,o, ~,o~,,,~,,, o,,~,,, ,.,, ,,,~ as soon as any dog su ect to this cha er is brou
into the city, or whenever any dog exempted under subsection A of this section reaches
September 24, 1999
S:\SPCA\title6ordrevrdlnE.wpd Page 3 of 13
the age of four months, and the s~me shall be charged against and be payable by the
animal owner ,~, "-- ,.A....' .......... ,A., ........ · ·
~- ,,,~ person ,,ov,,,~ the ,.~,,~, ~.,~o,,.,,~y o,,d control ~,, '""~,,,,,~
oo,,, ~,~,~. Such license fee shall be delinquent sixty days after due
and payable, and a delinquency fee of-rwe-doi{em prescribed b_Y resolution of theCi_~ty
Council shall be added to the license fee. 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 payment a metal tag, with
the number and year stamped or cut thereon, and the words "'" ^'"~'°="-'~,,-,,,~, ,,~, ,~.,.~, ~' CITY 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 pedod
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 without 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, --~
D. Whenever a dog tag issued for the current calendar year has been lost or stolen by
parties unknown to the animal owner or per, er, h&vb,~ ,,,~ ,~o, ~, ,~,o,,~,~y
deg for which the same Was issued, such animal owner or per,on "-": .......... ~A~ ....
,.,.,, ,., ,.,, Of SL;Ch
,~,~ 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 remaining portion of the period
for which the original tag was issued. (Ord. 2810 § 1, 1983; Ord, 2670 § 1, 1981' prior
code § 9.08.050).
6.04.060 Dog license -- Fee -- Collectors,
A. In order to facilitate the licensing of dogs in the city and the collection of fees
thereon, the license collector, the health officer and any licensed veterinarian is authorized
to license any dog, collect the license fee thereon and issue to the person paying said fee
the dog tag as provided in this chapter.
B. Any duly qualified person, physician or veterinarian vaccinating a dog with canine
rabies vaccine shall supply the city or the license collector with a copy of the certificate of
vaccination, which copy shall include the name and address of the dog owner and the date
of vaccination, and which copy shall be supplied to city or the license collector within thirty
days after the canine rabies vaccine was administered.
C. Any person authorized by the license collector to collect a license fee shall account
to the license collector not less than once each month for all dogs so licensed and for all
September 24, 1999
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license fees collected. (Ord. 2670~ 2, 1981- prior code § 9.08:060).
~,,~ ~,,~...~ u.,,~, ~, ~F~'~' ~' ~., u~ ~'"'~' ~"~" ~F~'~ '~' ~"~ ~"' ~ ~'"'~'
t~
,, ,,, ,~ ~=~ =,,~, ,, ,~ ~,, ,, ,,, ,~ ~, ._~ 0~r_..~n ~, ~,, ~, ,, ,~..
F~,.,
I ~1 II III I~ ~ I~1 ~ VI I ~1 I~ ~1 ~1 I I1~ VVI I~1 ~ ~1~ ~1 II I~1~ ~1 ~ I I I~11 I~11 I~, ~11 ~1 II I~1~ ~1 I~11 ~
~ Th~ ~-' ..... ' p~';t ~" b~ r~vocabl6 by'~ ~:' ............ ~ ....... ~t ;~ ~ .....
~,,~,~, ~v~,,~,~ ~, ~,,~ ,,,,,~,~,,~o ~, .,~ ,,~,~,,~,,,~ .v,,~,~ o~,~ ~,,,,~, ,o ,,,~,,,~,,,~.
I luting UI I1~Oo Gl I g~GI lO UUI~ IIl~U ~VlLI ILI IG ~1[~ ~UUI I~11.
· ,~,,,,~, F~,,,,,~o ;~ ~ ~t O~ .,~ ~.,G~L,.~ uuL~ u, u,,o u,,,~,, ,,,G,, o~ ~ ~
6.04.080 D°gs'without vaccination -- Destruction of rabid animals.
A. Any dog taken up and impounded by the health officer by reason of no vaccination
during the calendar year shall be separately confined in a safe place.
B. It shall be the duty of the health officer to cause any dog suspected of having rabies
to be examined by a licensed veterinarian to determine whether or not it is afflicted with
rabies.
C. If a licensed veterinarian dete~ines that it is afflicted with rabies, the health officer
shall kill and destroy the same fo~hwith, and/or shall take such other action as in his
discretion he deems necessa~ to prevent the spread of such disease. (Prior code ~
9.08.080).
6,04.090 Examination when rabies suspected.
A. Whenever the owner or person having the custody or possession of an animal
September 24, 1999
S:\SPCA\title6ordrevrdlnE.wpd Page 5 of 13
observes or leams that such animal-Shows symptoms of rabiesT-or acts in a manner which
would lead to a reasonable suspicion that it may have rabies, such owner or person having
the custody or possession of such animal shall immediately notify the health officer.
B.' The health officer shall cause an inspection or examination of such animal to be
made by a licensed veterinarian until the existence or nonexistence of rabies in such
animal is established to the satisfaction of such veterinarian. (Pdor code § 9.08.090).
6.04.100 Reports of biting dogs -- Quarantine -- Destruction of animals afflicted
with rabies.
A. Any person owning, possessing or harboring any dog that bites any person and any
person bitten by such dog shall immediately report the same to the health officer, who shall
place said dog under regulation and quarantine for such time as may be required by state
law and/or the rules and regulations of the State Department of Public Health. Said
regulations or quarantine may be had at the home of the owner or possessor of said dog
or at such other place as may be designated by the health officer, and ~"'~
'-^~' ....... ' ..... '~^-' ~-~ "--~^- ~'-:~' ~ ..... '=~- under ~uidelines established by th_e_
health officer.
F/l%,/F/q~l[,y ~JI q.~l~,~l I ~./¥Vll~;I uI ~QIO~,/II iic~¥111~j [iiQ ~.~l, Jq.~%v~A.y UI o~1~ allllllglI VI R~ Ogl~ gllllllgl
II I ~1 I I I Iai II I~1 g~ u I~ I I~al[I I ~1 I1~1 ~1 I IiO ~1~1 I~ ~11 ~b[o ~v go [u ~1 ~1 I[
~1 I~ I I~1 IL L~ ~1 ti I~ II I I~V~I I~1 I I~l IL I~1 ~LI I~1 I~1~.
September 24, 1999
S:\SPCA\title6ordrevrdlnE.wpd Page 6 of 13
Th~a ~ :~- -~" ~ ...... : ........ ' ' ' - .... ':~- ' - ~-- '~-' has b~r,
o~t,~,, o,,~,, ~ ~,~t,v~ .~,, ;f *~,, ,~ arima] ;R uu.o.,u,,
~1 IV~Lg ~1 g~gl J~ gl OUUI I ~1 III I I~1 UVJl Igl gl ~gl Gui I I IOV II I~ LI
v I~l~al~l I~1 v~a II1~ ~ ~1~ ~v ~11 ~1 I III IIOLI~LIV~ IGVI~VV ~1~
o~,,~,,~ the ~,d~, 0f'~ ~"~ ' ~o,u,,~a
~,,~,, ~,~,,~ ~,,,,, ~,, ,,,,,~ ~o ,, ,o ~,~ ~z ,,,~ ~,,,,,,,o,,~,,,~ ,~,,~,, ~,~.
~ ~-" animal ~'~--:-~ to be dangerous by '~ ~"~
bjury, aa ~-~ by the Food ~-~ A--:~'''' .... ~ may ~
September 24, 1999
S:\SPCA\title6ordrevrdlnE.wpd Page 7 of 13
~,, ~,,v~,, ~,,~ c3,,,,,,c3, ....... b~y' -
~, ,,,,,~: ~'¢vn~r ,,, ,,,,,, ,~ ~, ,,,~ ~, ~,~, ~ ;n ~,,~,, E ~f'~:,, ,,~ .... ~t,~,:~-,~,~-~,~ ~ght
I~ Illg~ VilLi I JJ Ig
~ Th--
l~;&:~lh, · .
~,,,~ ,,,~,,,~G,o o,,~,,
i ~gJVVlJl IgJ~l IMII I~ LI Ig tgi i i i v ; · ,~&:J --~I~AA '
............. d y
C ~" "~:-: .... ' '"~ Vic'
· ~li ~blOl~liO ~1 LII~ ;~ ~11~ ~11~1~0 ~llllllOI ~IIIIIIIOLIOLIV~ I%GVI~VV I
G.04.1~0 Prope~y damage ~ Female dogs in heal
A. Any animal found damaging or destroying any prope~y in ~he city may be ~aken up
by ~he owner or occupan~ of such prope~y, or his agenL and commi~ed ~o ~he heaRh
o~cer, who shall hold She same subjec~ ~o redemption by ~he owner upon paymen~ of ~he
fees prescribed in ~his chapter.
B. All persons owning or having under ~heir con~rol female dogs in hea~ shall-keep ~he
same securely enclosed. I~ shall be.~he du~y of ~he health o~cer ~o impound all female
dogs in hea~ no~ confined in compliance wi~h ~his section. (Prior code ~ g.08.120).
6.04.130 Impounded animals ~ Records -- Care during impoundment.
A. The heaRh o~cer shall keep a Srue ~nd faithful record ofJhe numbersnd description
of all animals Saken in$o his cus$ody, wRh ~he da~e of ~heir impounding and She daJe and
manner of Sheir disposition, and shall keep conspicuously posted aJ ~he place of custody
September 24, 1999
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~,,,, ~,,,,..~ ,,., ,, ,~ pour, d, a list of an als detained therein. -
B. 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. (Prior code § 9.08.130).
6.04.140 Impounded animals -- Disposition.
A. All animals, exceptbg do§s, taken into the custody of the health officer shall be
i.~pounded and held in accordance with the laws of the Stat~e_9_f_CaljfomJaLin~cJu__dj8g_but
not limited to California Food and Aqriculture sections 31108. et 8e_q.., ;f not ' ~"
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6.04.150 Impounded animals -- Redemption procedure.
The owner or person entitled to 'the control of any animal impounded may, at any time
before the sale or other disposition thereof, redeem the same by paying the health officer
all fees and charges thereon; and if a dog, by arranging for the vaccination of said dog with
canine rabies vaccine unless the dog is exempted therefrom as provided in this chapter,
and paying the license fee therefor, in addition, if said dog has not been licensed during
the current calendar year. (Prior code § 9.08.150).
6.04.160 Impounded animals -- Redemption charges.
The fees and charges for redeeming animals impounded shall be as prescribed by the
health officer. (Prior code § 9.08.160).
6.04.170 "': ..... -" ---"--
'-',o,~-o~-,, -u,~,., -,, injur~ Abandoned animals.
A. It is unlawful for any person to wilfully abandon, or turn loose to run at large, any
animal "-~' '~- "'-'~- ...... by '~: ...... '" ~,g~ ~- injury
· 'l, ,l.,~,u, ,u,, ,~, vv, ,,~,,
6.04.180 Interfering with impounding or removing animals from pound.
Any person rescuing, or attempting to rescue any animal from the health officer 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 health officer, or
causing or'enabling the same to escape therefrom, shall be deemed guilty of a
misdemeanor, and upon conviction thereof shall be punishable as provided in Section
6.04.270. (Prior code § 9.08.180).
6.04.190 Removal of dead animals from public streets and places.
A. It shall be the duty of the health officer to remove o,,,,,,,, ~.~,,,,,~, ,~,,,o,~,,, ,.,f th~ ~:"'
.,' ...... ,~v,~'~-~ '~-', ,~, any dead animal~ upon any of the public streets, alleys, sidewalks, lanes
or other public places or on properly of any other than the animal owner p~rson
........ '-" ....... "" -= .... ~ ' ity
~-,~, ~o,~z ~, ~,,~,~, ~, o~,, ~n;mal, within the c , to ,~,,,~ therefro,,m
,~ transpoR
the same to the animal shelter for proper disposition. It shall be a violation of this chapter
for any animal owne~ ~r p~r~ ,~,,,,~, ,~ ,,~,, ,~ ,,~., ,~ p~33~ ~,
VUIILIUi UI gll~ u~a
~ to place ~ dead animal~ in or upon any public street, alley, sidewalk, lane
or other public place ~'-'~:-- :-'~:- s~ct[an ~"-" ~ ..... · .... ~ .... *- prevent
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,~,~,.,, ,: ,~,,,,,,~:, ,.,,,,,,,~, ,~,v,o,,,,, ,~, re, m, ~,~,,~ Th~alth o~cer may, upon
request of any animal owner ~f an____.~ dead animals or po~s~or o~ ~ny ds~d =,,,,,,=, v,,,,~h
..... "--' .... :-'-:--~ :- '~ -:"' :--~:~*~' ....... ' '- :'- ~--'~ take up and transpo~ the
VV~O R~{ ~1 II1~111[~111~ III [11~ ~1[~ IIIIIIl~Ula[~l~ ~11~1 [~ I[g ~a[ll
same to the animal shelter for proper disposition, for which se~ices a fee in the amount
prescribed by resolution of the city council may be charged. (Prior code { 9.08.200).
6.04.200 Restraint of dogs which chase, snap or bite.
A. It is unla~ul for any animal owner pcr~on v,,,~ ~,,,,o, po~s~s~ ~,, ~,~o ~,,~, '
~, ,,, ~, ~, to allow, permit or suffer any~.~,, dog to snap or bite at, or chase or ~n
after bicycles or persons on any street or sidewalk or in any public place, or persons
la~ully upon the premises of the animal owner or perso~ ,,~.,, ,~ ~o,~z ~, ~, ,,, ~, ~, ~,,
B. WheneveF it becomes known to the health o~cer that there is in the ci~ a dog which
engages in any of the actions prohibited by this section, he shall order the animal owner
or p~rso~ :,~ poss~ss~o~ or~,,,,~,~-'-~' ~,~' '~,,,~ ..... ~,,,~ to take whatever measures as in the
discretion of the health o~cer are necessa~ to prevent fuAher violations of this section.
C. Any violation, the animal ~.~,,~, ~, p~rso~ ;~ possess:o~ ~, ~,,,,~, ~, ~,~ ~,
of the order of the health o~cer shall constitute a violation of this chapter.
D. In addition, any such dog not being kept or maintained in compliance with said order
of the health o~cer shall be impounded by said health o~cer, subject to redemption by the
said owner or person in custody or control of the same as provided in this chapter. (Pdor
code { 9.08.210).
6.04.210 ~ RepoAs by health o~cer,
~ ~ repoAs of the health o~cer showing the amounts collected, the
amounts expended, the work pe~ormed and general repoA of the health o~cer shall be
furnished by said health o~cer in writing to the city manager ~ot,=,~,'~'~' '~-,,,m, ~,' ....... ,~., ~ 15th
6.04,220 Dogs at large -- Impounding.
A. It is unla~ul for any animal owner p~rso~ ow~g
~.~,~.~ ~, ~, ,,, ~, ~, s~y whether or not the same is licensed and/or vaccinated, to
cause, permit or allow the same to stray, run, or in any other manner to be at large in or
upon any public highway, street, sidewalk, alley, lane, park or other public place, or upon
the propeAy-of any person other than the animal owner p~rso~
~, ~, ,,, ~, ~, ~,, .~, without the permission of the owner or occupant of such prope~;
provided, however, that a dog is not at large within the meaning of this chapter if it is under
the control of a competent person and restrained by a substantial chain or leash not
exceeding six feet in length.
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B. Any person finding at any ti-me any dog at large contrary to the provisions of this
chapter may take up and hold the same; provided, however, that such person so taking up
such dog shall, within four hours after taking up such dog, or if such dog is taken up at a
time when the city pound is not open for the transaction of business, within four hours after
the-pound is again open for business, notify the health officer of the fact that he has such
dog in his possession and shall, upon demand, surrender .possession of such dog to the
health officer. It shall be the duty of the health officer to take custody of any such dog
immediately upon receipt of such notification and impound the same subject to the
provisions of this chapter pertaining to the redemption and/or disposition of dogs taken up
by him. (Prior code § 9.08.230).
6.04.230 Keeping noisy animals -- Complaints -- Investigation.
A. No person shall keep or maintain, or cause or permit to be kept or maintained upon
any premises in the city, or upon any public street, highway, sidewalk, alley, park,
playground or other public place in the city, any animal, bird or fowl which by any sound
or cry whatsoever unreasonably disturbs the peace and comfort of any neighborhood or
interferes with the reasonable and comfortable enjoyment of life or property by any person·
Every day during which any person continues to keep or maintain .any such animal, bird
or fowl shall be a separate violation of this chapter.
B. It shall be the duty of the chief of police to receive and investigate or cause to be
investigated all complaints regarding any animal, bird or fowl being kept or maintained in
violation of the provisions of this section, and to enforce the provisions of this chapter.
(Ord. 3256 § 3, 1989: prior code § 9.08.240).
6.04,240 R~? Natural enemies.
It is unlawful to allow animals which are natural eqe__mi__e___Sj_t_e___m_peramentally_~g_Q_s__u__i~¢=_d:
or otherwise incompa~=_t_i_bl___e_j t_o_b_e_~quartered toqet~_h_e_r;_or s____p near eac_=~_h_otb=er a~to caustic__
i__nj_u~_~, f_ear::~_pr t__orment. If two or more animals are so trained that they can be placed
_t__o_gether and do not attack each other or perform or attempt a¢~y hostile act t~~g_ the ot__~h__ers .....
such animals shall be deemed not to be natural enemies.
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6.04.260 Animal ~ Control Officers -- Carrying. loaded firearms authorized.
The animal ~ control offi~:ers of the city are authorized to carry a loaded firearm
on their person when acting in the course and scope of their employment. (Prior code §
9.08.270).
6.04.270 Violation -- Penalty.
A. Any animal owner p~rsan a'¢;nlng, or ~'~":-~ '~- ......... '--' ....... "~' ~' y d
ir'r-the-e~ who wilfully refuses, fails or neglects to furnish to the health officer, license
collector or any duly qualified and licensed physician or veterinarian authorized to
vaccinate and license dogs and collect the license fees thereon, as provided in this
chapter, the information necessary to properly vaccinate and license such dog, or who
resists, hinders,_gives false information to__., or prevents the health officer c,r ~r;,y c,f hi9
assist-a~ in the exercise of his duties, or who fails, neglects or refuses to pay the license
fee at the time and in the manner provided in this chapter, or who violates any of the
provisions of this chapter, with the exception of Section 6.04.230, shall be guilty of a
misdemeanor, and upon conviction shall be punishable by a fine of not more than three
hundred dollars or by imprisonment in the county jail of the county for not more than ninety
days, or by both such fine and imprisonment.
B. Any person who violates any provision of Section 6.04.230 shall be guilty of an
infraction and upon conviction thereof shal! be punishable by:
1. A fine not exceeding one hundred collars for a first violation;
2. A fine not exceeding two hundred dollars for a second violation within one year;
3. A fine not exceeding five hundred dollars for each additional violation within one
year. (Ord. 3005 § 1, 1985: prior code § 9.08.250).
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