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HomeMy WebLinkAboutORD NO 391 ORDINANCE NO._ ~ AN ORDINANCE ESTABLISHING A PUBLIC POUND' PRESCRIBING THE PO,~ERS AND DUTIES OF THE' POUND-KEEPER; FIXING THE FEES TO BE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF BAKERSFIELD, as follows: SECTION A public pound is hereby authorized and established. in the City of Bakersfield, the same to be located at a con- venient place within the corporate limits of said City. SECTION 2,, The pound-keeper shall take ~nd have charge of the City Pound., and shall take and impound all animals found at large upon any street, sidewalk, lane, alley or other public or unenclosed place within the City of BakersfieId, except dogs duly registered for the time being. He shall discharge such other duties as the 0ouncil may in this, or other ordinance~ from time to time, prescribe. SECTION 3. It shall be the duty of the pound-keeper to register each year, as soon as possible after the first dayo~ January thereof, all dogs in the City of Bakersfield, in a book kept for that purpose, to be known and desi~ated as the "Dog Register Book."; such registration_ shall contain.a~'description sufficient to identify each such dog; the name of the owner, if residing within the, City of Bakersfield, and if not, then the person having the care, custody and control of, or-who has in his possession, or harbors, said dog, together with the number and date of registration. For each dog so registered, as provided herein, there sh~ll be c~rged the following sums: For each female dog _ _ _: :Dollars ($,, ~ Provid.d, how.~sr, %~ for ~oh doM k.pg in or b.lo~i~ %o K.~.I, th. rsgisgmtion f.. $~ll b. ~. Dollar ($1.00) for and every dog in ~id dog k.~el; and providsd f~ghsr, t~% minim~ rs. fo~r~ist.ri~ ~id D~ Ks~sl .~11' b. %hs s~ of ~OTION 4. T~m r~i.g~gion rs. providsd for in %hi. O~i~noe "~11 b. due and ~bl. a% ihs %ires of ~id r.gisiration, and ~m. s~ll b. o~.d ~ins% and bs ~bl. by %he ~id or psrson ~vi~ th. ~re, custody and control, or ~ho ~s in his poss. ssion or ~rbor., ~id dog or dogs, as afor.~id. Upon %hs ~sn% of th. r~isg~tion rs., a~ provid.d in 8.o%ion 3 of %hi. O~i~ncs %her..~11 bs d.li~er.d %o th. person ~ki~ such ~.n%, a ms~l ~, ~i%h th. n~b.r and y.ar %hereof s~mpsd or out %hsrson, and th.. words "D~ T~, ~iiy of Bak.rsfisld" s~mped ~here0n;.,~and<~<such ~, while it is at~ched to the collar upon the neck of such dog s~ll exempt rome from bei~ impo~ded duri~ the year desi~ated on ~id t~, except as herei~fter provided for vicious or da~erous dogs r~i~, at. large, or fe~le dogs in heat. SECTION ~. ~ Every person, firm or corporation owning, keeping or m~intaining a Dog Kennel within the City .of Bakersfield, must first apply for and obtain'a permit from the Council of said City to so keep and maintain said Dog Ko.el. Such permit when so issued shall be numbered and the number thereof inserted in the Dog Register Book, together with other dat~ required to sufficient- ly describe said Do~ Kennel. A "Dog Kennel" within the meaning of thi~/0rdinance shall be a pack or collection of dogs, exceeding does .not mean merely the house or place where same are kept. SECTION 6. Any animal found trespassing upon any private en- closure in the City of Bakersfield, may be taken up by the party owning such enclosure, or his agent, and committed to the pound-keeper, who shall hold same subject to reasonable demands for damages in addition to the fees prescribed in this Ordinance. SECTION 7., The pound-keeper 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 conspicu- ously posted at the entrance of the pound, a list of animals detained therein. 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. SECTION 8. , Ail animals, exceptim~ dogs, taken into the custody of the pound-keeper, if not reclaimed within twenty-four hours thereafter, may be sold by the pound-keeper, 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 place of sale, and shall be posted ~up in three (3) public places in the City, one of whiC'h notices shall be posted at the entrance of the pound.. At the time advertised, the pound- keeper 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 pound-keeper to the Treasurer of the City of Bakersfield, who shall, after first deducting t~h9 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 (6) 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 pound-keeper all fees and charges thereon, and if a dog, by paying the fee for registration thereof, in addition, if not paid. SECTION 11. The pound-keeper shall charge and collect the follow- .ing fees and charges from persons redeeming 'animals taken up or impounded: For t~king up a. nd impounding any animal excepting dogs, the sum of Two DolIars ($2.00). For keeping every animal, per day, Fifty Cents ($.~0). A co~dssion of twenty per cent (20%)'on all sales. SECTION 12. Any person rescuing, or attempting to rescue any 'animal from. the possession of the Pound-keeper while about to convey the same to the pound, or in anyway, directly or indirectly removes or delivers same from said pound, or from the possession of said Poaad-keeper, or causes or enables same to escape there- from, shall be deemed guilty of a misdemeanor, and upon conviction thereof punishable as provided herein. SECTION 13. It shall be unlawful for any person to wilfully abandon -or-turn looSe'to run at larg~ anY'animal rendered unfit for' furthe?' use by dise~,-se, old age, or injury. -4- SECTION 14. All persons owning or having under their control, vicious or dangerous dogs, shall keep same securely enclosed. The pound-keeper is hereby required to seiza;~ take and carry to the public pound all such vicious and dangerous dogs found running at large -- also all female dogs in heat -- at any time in any of tlhe streets or any public or uninclosed place within the City of Bakersfield, with or without tags. SECTION 15. The pound-keeper shall keep all dogs taken up by him for two (2) days thereafter, and if redeemed, is entitled to charge and receive in addition to the tax hereinafter provided ..... for, One Dollar ($1.00) for each dog, provided, however, that he may charge ]~ive Dollars ($5.00) for the redemption of a vicious or dangerous3 dog, or female dog in heat, the first time such dog is taken up, and Twenty-five Dollars ($25.00) for each and everytime thereafter, that' such dog is taken up. If any such dog be not redeem, ed within two (2) days, he shall destroy it, provided, however, that vicious and dangerous dogs may be destroyed at any time after twelve (12) hours, such dog, so 'destrOyed, to be buried by the pound-keeper without further charge to the City. SECTI ON 16. The pound-keeper, at the first regular meeting in every month, shall render to the City Council, under oath, a' full, true and correct list of all animals and dogs impounded 'by him, together with the dates when the same were impounded, redeemed, sold, or destroyed, together with a statement of all moneys received by him for redemption of dogs' and paid into the City Treasury. SECTION 17. Any person who wilfully refuses, fails or neglects to furnish to said l~uund-keeper, the required, information necessary to properly register all dogs in said Dog Register Book, as provided herein, or who shall resist, object tO or preF, gnt the the. pound-keeper or...any of his assistants in the exercise of his duties; or who fails, refuses or neglects to pay said Registration Fee at the time and in the maner herein Provided;' or who fails, refuses' or.. neglects to perform any mot '::.o~' pa~ an.y~!o:th~r by this Ordinanc? to be perfumed, or paid; or .who of the. Provisions of,this. Ordinance., shal~ be deemed guilty..of a mi~demeanor~ .a. nd upon con.~ic.tion .~hereof. shall b.e. punishable by a .fine of. not less than Five D$llars ($5.00) nor more than One Hun- .... dred Dollars ($100.oo) or by imprisonment in the County Jail for not less tlmm five (~) ~ nor more than fifty (50) days, or by both such fine and imprisonment, and the payment of any fees' provided for in this Ordinance due and remaining unpaid. aSCTZON 18. Whenever any animal is taken up for .impounding, which by reason of age, disease or other infamy is unfit for further use, or .dangerous to be kept impounded, the pound-keeper shall within twenty-four (24) hours thereafter, destroy such animal, upon e~am- ination and :recommendation of the City Health Officer, or any re- epomeible Vetinary surgeon, but no charge therefor shall be made against the Oity of Bakersfield. SECTION 19. It shall be the duty of the pound-keeper, 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 pre- scribe; for which services he shall charge and collect the follow- ing fees: For burying or destroyin~ horses, oxen,bulls or cows, per he~d - ~.:. $_~~ For burying or destroying jacks, a~leS, siesta or colts, per head- For burying ~heep, goats or calves, per head ...... - For burying dogs, or other animals not enumerated, each - - - $ SECTION 20. It shall be the duty of the pound-keeper whenever it comes to his knowledge that any dead animal is upon any of the. public streets, alleys, sidewalk, lane or other publi~ or unenclosed 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 poss- ession or control of same, if same can be ascertained., the fees provided in section,19 of this Urdinance. BEOTION 21. Whenever a do6 tag issued for the current year has been lost or taken or stolen by parties unknown 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 (~0) Cents and on making and subsoribing to an affidavit of such loss of such tag, receive from the pound-keeper a duplicate tag for the remain- ing portion of the year for which the original dog tag was issued. SECTION 22. Whenever the word "dog~ is used in this Ordinance it shal be deemed to. include female as well as male do~s, irrespective of age. SECTION 23. Ordinance No. 371, and all Ordinances and parts of Ordinances in conflict herewith, ~re hereby repealed. I hereby certify that the foregoing Ordinance was passed by the Council of the City of Bakersfield, on the _~. day. of November, 19:[8, by the foil,owing vote: NAYS: City~_rk ang/e/~-offiCio Clerk of APPROVED THIS ~_~~~ o%