HomeMy WebLinkAboutORD NO 5146ORDINANCE NO. 5 i 4
AN ORDINANCE OF THE CITY OF BAKERSFIELD AMENDING
CHAPTER 6.04 OF THE BAKERSFIELD MUNICIPAL CODE
RELATING TO PUBLIC POUND -DOG LICENSES.
BE IT ORDAINED by the Council of the City of Bakersfield as follows:
SECTION 1.
Chapter 6.04 of the Bakersfield Municipal Code is hereby amended to read
as follows:
Chapter 6.04 Public Pound -Dog Licenses.
Sections:
6.04.010 Definitions.
6.04.020 Public animal shelter established.
6.04.030 Duties of director of animal control.
6.04.035 Duties of the shelter director.
6.04.040 Dog license —Required— Vaccination.
6.04.050 Dog license —Fee —Tag —Issuance of duplicate tag.
6.04.060 Dog license —Fee —Collectors.
6.04.070 Reserved.
6.04.080 Reports of biting dogs —Quarantine.
6.04.090 Examination when rabies suspected.
6.04.100 Dogs without vaccination— Destruction of rabid animals.
6.04.110 Reserved.
6.04.120 Unleashed dogs; —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 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 Reserved.
6.04.210 Reserved
6.04.220 Dogs at large —Impounding.
6.04.230 Keeping noisy animals— Complaints —Investigation.
6.04.240 Natural enemies.
6.04.250 Reserved.
6.04.260 Reserved.
6.04.270 Violation —Penalty. �AKF
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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:
"Animal control officer" means any officer employed to enforce the
provisions of this chapter and applicable animal regulations and laws within the
city jurisdiction and the state of California.
"Sheltering agency" means any organization responsible for the operation
of the public shelter facility servicing city residents.
"Animal owner" means any person or entity who owns or has custody or
possession of a dog or other animal referred to in this chapter.
"Director of animal control" means the director or supervisor of the
organization, or designee, which has the responsibility of enforcing the provisions
of this chapter.
"Dog" includes both male and female dogs, irrespective of age.
"License collector" means the person, department or agency authorized
by the city to collect a license fee.
6.04.020 Public animal shelter established.
A public animal shelter is authorized and established for the city to provide
animal related services to city residents.
6.04.030 Duties of the animal shelter director.
A. It shall be the duty of the director or manager of the animal shelter
to take and have charge of the public animal shelter and to receive and care
for dogs found by city residents running at large upon any street, sidewalk, lane,
alley, park or other public place, or upon the property of any person, other than
the animal owner, without the permission of the owner or occupant of such
property.
B. It shall be the duty of animal control to take and impound dogs 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 dogs and atypical
animals upon assessment of the situation.
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 chapter under the direction of the animal control supervisor.
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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 chapter and
may arrest a person without a warrant whenever that animal control officer or
employee has probable cause to believe that the person to be arrested has
committed a misdemeanor in his presence which is a violation of any of the
provisions of this chapter. 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.
6.04.040 Dog license —Required— Vaccination.
A. It is unlawful for any animal owner to keep or maintain a dog in any
place in the city, unless 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 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 during the calendar year for
which it is licensed, and the animal owner shall produce a certificate of such
vaccination, unless the animal owner submits a certificate from a licensed
veterinarian issued within the preceding 60 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. Any violation thereof by the animal owner constitutes a violation of this
chapter.
C. The vaccination shall be performed by any duly authorized person,
licensed physician or veterinarian. The person vaccinating such dog shall issue to
the animal owner a certificate of vaccination.
D. It is unlawful for any animal owner 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 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.
6.04.050 Dog license —Fee —Tag —Issuance of duplicate tag.
A. Every animal owner shall pay a license fee pursuant to Chapter 3.70
of this code, except dogs under the age of four months as provided for in Section
6.04.040.
B. The license fee shall be due and payable as soon as any dog subject
to this chapter is brought into the city, or whenever any dog exempted under
subsection A of this section reaches the age of four months, and the same shallo��PKF,��„
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be charged against and be payable by the animal owner. Such license fee shall
be delinquent 30 days after due and payable, and a delinquency fee may 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
dog license tag, with a number 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.
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, such 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 misplaced, such animal owner may, upon the payment of a replacement
fee purchase a duplicate tag for the remaining portion of the period for which
the original tag was issued.
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, treasury, animal control, and the Animal Shelter are
authorized to license any dog, collect the license fee thereon and issue to the
person paying such 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 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 within 30
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 license fees collected.
6.04.070 Reserved.
6.04.080 Reports of biting dogs —Quarantine.
Any animal owner of a dog that bites any person and any person bitten by
such dog shall immediately report the same to the animal control unit, who shall
place such dog under quarantine for 10 days or as required by state law. Such
regulations or quarantine may be had at the home of the animal owner or at such
other place as may be designated by animal control.
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6.04.090 Examination when rabies suspected.
A. Whenever an animal owner observes or learns that such animal
shows symptoms of rabies, or acts in a manner which would lead to a reasonable
suspicion that it may have rabies, such animal owner shall immediately notify
animal control.
B. Animal control shall cause an inspection or examination of such
animal to be made by the public health department until the existence or
nonexistence of rabies in such animal is established to the satisfaction of such
veterinarian.
6.04.100 Dogs without vaccination— Destruction of rabid animals.
A. Any dog taken up and impounded by animal control by reason of
no vaccination during the calendar year shall be separately confined in a safe
place.
B. It shall be the duty of animal control to cause any dog suspected of
having rabies to be destroyed and examined by the public health department to
determine whether or not it is afflicted with rabies.
C. If a licensed veterinarian determines that it is afflicted with rabies,
animal control shall destroy the same forthwith, and/or shall take such other
action as in his discretion deemed necessary to prevent the spread of such
disease.
6.04.110 Reserved.
6.04.120 Unleashed dogs; Female dogs in heat.
A. Any dog found damaging or destroying any property in the city may
be taken up by the owner or occupant of such property, or his agent, and
committed to animal control, who shall hold the same subject to redemption by
the owner upon payment of the fees prescribed in this chapter.
B. All persons owning or having under their control female dogs in heat
shall keep the same securely enclosed. Animal control shall impound all female
dogs in heat not confined in compliance with this section.
6.04.130 Impounded animals —Records— Care during impoundment.
A. The sheltering agency shall keep a true and faithful record of the
number and description of all animals taken into their custody, with the date of
their impounding and the date and manner of their disposition.
B. The sheltering agency shall be responsible for providing the
necessary sustenance for animals while in their custody and shall not suffer cruel
treatment thereof.
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6.04.140 Impounded animals —Disposition.
All animals taken into the custody of the sheltering agency shall be held in
accordance with the laws of the state of California.
6.04.150 Impounded animals —Redemption procedure.
An animal owner of any animal impounded may, at any time before the
release or other disposition, redeem the some by paying the shelter all required
fees and charges, including, but not limited to, vaccination and licensing fees.
Animals impounded more than once, shall be spayed or neutered prior to
redemption.
6.04.160 Impounded animals —Redemption charges.
The fees and charges for redeeming animals impounded shall be pursuant
to Chapter 3.70 of this code.
6.04.170 Abandoned animals.
It is unlawful for any person to willfully abandon, or turn loose any animal.
6.04.180 Interfering with impounding or removing animals from pound.
Any person attempting to rescue or free any animal from animal control in
any way, directly or indirectly, removing or delivering the same from such shelter
facility 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.
6.04.190 Removal of dead animals from public streets and places.
A. It shall be the duty of animal control to attempt to locate and remove
dead animals upon any of the public streets, alleys, sidewalks, lanes or other
public places within the city.
B. Animal control may, upon request of any animal owner of any dead
animals, take up and transport the same for proper disposition.
6.04.200 Reserved.
6.04.210 Reserved.
6.04.220 Dogs at large —Impounding.
A. It is unlawful for any dog whether or not the same is licensed and/or
vaccinated, to stray, run, or in any other manner, to be at large in or upon any OAKF,
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public highway, street, sidewalk, alley, lane, park or other public place, or upon
the property of any person other than the animal owner, without the permission
of the owner or occupant of such property.
B. Any person finding at any time 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 shelter facility is not open for
the transaction of business, within four hours after the shelter is again open for
business, notify animal control and the shelter of the fact that they have such dog
in their possession and shall, upon demand, surrender possession of such dog to
the sheltering agency or animal control. It shall be the duty of animal control or
the shelter to take custody of any such dog and impound the same subject to
the provisions of this chapter.
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.
6.04.240 Natural enemies.
It is unlawful to allow animals, which are natural enemies, temperamentally
unsuited, or otherwise incompatible, to be quartered together, or so near each
other as to cause injury, fear or torment.
6.04.250 Reserved.
6.04.260 Reserved.
6.04.270 Violation —Penalty.
A. Any animal owner who willfully refuses, fails or neglects to furnish to
animal control, treasury or a licensed 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,
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hinders, gives false information to, or prevents animal control in the exercise of
their 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 $300 or by
imprisonment in the county jail of the county for not more than 90 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 shall be punishable by:
A fine not exceeding one hundred dollars 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.
SECTION 2.
This Ordinance shall be posted in accordance with the Bakersfield
Municipal Code and shall become effective thirty (30) days after the date of its
passage.
HEREBY CERTIFY that the foregoing Ordinance was passed and adopted
by the $ECo1 3l of the City of Bakersfield at a regular meeting thereof held on
by the following vote:
AYES-
COUNCILMEMBER:
ES:
COUNCILMEMBER
ABSTAIN:
COUNCILMEMBER
ABSENT:
COUNCILMEMBER
ARIAS, GONZALES, WEIR, SMITH, FREEMAN, GRAY, KAUR
%Ik� ��'
LIE DRIMAKIS, CPMC, MMC
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
[Additional Signatures on Following Page]
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DEC 13 2023
APPROVED: 41/
By:
KARE GOH
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By:
ASHLEY 6YAMBRANO
Deputy City Attorney
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AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
County of Kern )ss.
JULIE DRIMAKIS, being duly sworn, deposes and says:
That she is the duly appointed, acting and qualified City Clerk of the City of
Bakersfield; and that on the 20th day of December 2023 she posted on the
Bulletin Board at City Hall, a full, true and correct copy of the following:
Ordinance No. 5146, passed by the Bakersfield City Council at a meeting held
on the 13th day of December 2023 and entitled:
AN ORDINANCE OF THE CITY OF BAKERSFIELD ENACTING CHAPTER 6.04 OF THE
BAKESFIELD MUNICIPAL CODE RELATING TO PUBLIC POUND -DOG LICENSES.
JULIE DRIMAKIS, MMC
City Clerk and Ex Officio of the
Council of the City of Bakersfield
D P TY�CifyClerk
S: \DOCUM ENT\FORMSWOP.ORD.wpd