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HomeMy Public PortalAboutOrdinance 2531 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 ORDINANCE NO. 253 AN ORDINANCE OF TEE CITY OF BEAUMONT, CAL- IFORNIA, PROVIDING FOR THE LICENSING AND IMPOUNDING OF DOG -S, REGULATING THE KEEPING AND CONTROL OF DOGS, AND PROVIDING PENAL- TIES FOR THE VIOLATION THEREOF. The City Council of the City of Beaumont, California, does ordain as follows: Section 1: That Ordinances Numbers 9, 205 and 214 of the City of Beaumont be, and the same are hereby, repealed. Section 2: DEFINITIONS. Whenever in this Article the fol- lowing terms are used, they shall be deemed and construed to have the meaning ascribed to them in this section unless it is ap- parent from the context thereof that a different meaning is in- tended. DOG. Any dog over the ape of three (3) months. UNLICENSED DOG. Any dog for which the license tax for the current year as provided in this Ordinance has not been paid, or any dog to which the tag provided for in this Ordinance is not attached. 77-77,11-,77T E L�:IIEL. Any lots, buildings, structures, enclosures, or places whereon or wherein four (4) or more dogs are kept or main - 24 tained for the purpose of breeding, training, raising for market 25 or boarding. 26 IMPOUNDED. Having been received into the custody of any 27 28 Poundmaster. OWNER. Any person keeping or harboring or having custody or 29 control over any dog for fifteen (15) consecutive days shall be 30 31 deemed to be the owner of such dog within the meaning of this 32 Ordinance, except any veterinarian duly licensed and practicing Page One. 1 as such, and having in his possession or control any dogs for the 2 purpose of treatment. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 DOG POUNDASTER. The person charged by this Ordinance with the administration and enforcement of the provisions hereof, and whose employment is provided for herein or otherwise by the City of Beaumont, together with such deputies as may be allowed to the Dog Poundmaster by the City Council of the City of Beaumont. VICIOUS DOG. Any dog which has bitten a person or animal without provocation, or which has a disposition or propensity to attack or bite any person or animal. Section 3: LICENSE FEES. (a) The owner of every dog within the incorporated area of the City of Beaumont shall pay annually a license tax thereon at the rate of One Dollar (:„>1.O0) for each male dog or spayed female dog and Two Dollars (2.00) for each unspayed female dog. The fore- going license tax shall not apply to any dog while kept or main- tained exclusively in a kennel. (b) Any person, firm, or corporation, owning, conducting, manaing, or operating any dog kennel, except kennels kept for veterinary care, in the incorporated City, shall pay for the privi- lege of maintaining, conducting or operating such kennel, in lieu of the individual dog license tax provided for hereinabove, a license tax on such kennel as follows: For any such kennel containing four (4) or more dogs, the sum of Six Dollars (; 6.00) per year; provided, however, that upon removal of any dog from any licensed kennel by sale or other transfer of ownership other than a transfer to another kennel, such dog shall thereupon become subject to the -provisions of sub- section (a) of this section, and any kennel tax theretofore paid upon such dog shall be of no further force or effect. (c) Each license tax shall be paid annually to the Dog Poundmaster and shall be due and payable in advance on July 1st Page Two. 1 of each year and shall expire on June 30th of the next succeeding 2 year. A grace period of thirty (30) days shall be allowed in the 3 payment of this tax; provided, that in any case there during any 4 fiscal year the number of dogs in any licensed kennel is increased 5 to a n umber in excess of a number for which a kennel license shall 6 have been issued the person, firm, or corporation conducting, 7 managing,, or operating such kennel shall obtain a new license 8 therefor, such new license to cover the increased number of dogs 9 therein, and upon the surrender to the Dog Poundmaster of the un- 10 exoired license for such kennel, the Dog Poundmaster shall cancel 11 such unexpired license and shall allow as a credit upon the 12 license fee for such new license the amount originally paid for 13 such cancelled license. Any license tax paid by virtue of the 14 provisions of this Ordinance shall not be returned or refundable. 15 (d) Each such license shall state the name and residence 16 address of the person to whom such license is issued, the amount 17 paid therefor, the date when issued, the date on which such li- 18 cense shall expire, and in the case of an individual dog license, 19 a description of the dog for which such license is issued, and 20 the number of the metallic tag accompanying such license, which 21 metallic tag is hereby required and authorized, and shall be fur- 22 nished at the expense of the City. 23 (e) With each license for an individual dog, there shall be 24 issued and delivered to the person securing the license a metal 25 tag with the serial number of the license and the year for which 26 issued. Duplicate of lost license tag may be procured upon ex- 27 hibition of the original license and payment of Twenty-five cents 28 (25O) therefor. 29 Section 4s CTTY DOG POUNDMASTER AND ASSISTANTS. 30 (a) 4"dithin. thirty days, subject to the date upon this 0rdi- 31 nance becomes effective, or at such other time as the City Council may deem appropriate, the City Council may appoint a Dog Pound - 32 Page Three. 1 master who shall, before assuming the duties of such employment, 2 give bond in the principal sum of Five Hundred Dollars (500.00) 3 in a form satisfactory to the City Council. The Dog Poundmaster 4 shall be liale on said bond for any and all breaches of the 5 conditions hereof, whether such breaches are suffered or committed 6 by himself or by his deputies or assistants. The Dog Pounamaster 7 and his deputies and assistants shall be peace officers. 8 (b) Notwithstanding any of the other ..rovisions in the 9 Ordinance contained, it shall be the duty of all peace officers 10 within the County of Riverside and all sanitary inspectors, as 11 well as the County Livestock Inspector and the City and County 12 Health Officers to enforce and assist in the enforcement of the 13 provisions of this Ordinance. All such persons are hereby em - 14 powered and it shall be their duty to enter upon any private proper - 15 ty where any dog is kept, or believed by them or any of them to 16 be kept, for the rurpose of ascertaining whether any such dog is 17 kept or otherwise harbored in violation of any of the provisions 18 of this Ordinance. 19 Section 5: DUTIES OF THE DOG POUNDIIASTER. It shall be the duty of the Dog Poundmaster: (a) To collect the license taxes and to issue the licenses and tags herein provided; (b) To deposit all moneys collected by him with the City Treasurer, ta<cing a receipt therefor, not later than Monday of each succeeding week. The money thus deposited shall be credited to the General Fund of the City; (c) To keep a record of each and every license tax collected and of each and every tag delivered; (d) To make a report to the City Council on or before the tenth day of each calendar month, or on demand, of the number of tags issued, the amount of license taxes collected, and of all other moneys collected by him under the provisions of this Ordi- 20 21 22 23 24 25 26 27 28 29 30 31 32 Page Four. 1 nance, as well as the number of dogs impounded, destroyed, or 2 otherwise disposed of during the preceding calendar month; 3 (e) To receive, take up, and impound any and all dogs found 4 running at large, contrary to the provisions of this Ordinance, 5 or in violation of any law of the County of Riverside or the 6 State of California; 7 (f) To regularly and adequately feed, water, and otherwise 8 care for all dogs impounded under the provisions of this Ordi- 9 nance; 10 (g) To investigate the conditions and behavior of any dog 11 which he has reason to believe is vicious or dangerous, and if he 12 finds such dog to be vicious in its habits he shall report his 13 findings in writing to the owner of such dog if the name and where - 14 abouts of said owner are known. Every vicious dog is subject to 15 summary destruction if found at large; 16 (h) To do and perform any other acts necessary to carry out 17 the provisions of this Ordinance. 18 Section 6: DISPOSITIuN OF IMPOUNDED ANIMALS. 19 (a) No impounded dog shall be redeemed except upon payment 20 of a pound fee in the sum of One Dollar (1.00) plus a care and 21 feeding charge of Nifty Cents (50X) per each day the deg has been 22 impounded. No dog which is to be kept or harbored within any area affected by this Ordinance shall be released from the Dog Pound unless it is licensed. No unredeemed dog shall be sold for more than the pound fee plus the cost of care and feeding; provided, however, that no such dog shall be sold if or while the same is suffering from any ins'ections or coninunicable disease. (b) Any licensed impounded dog may be redeemed by the owner thereof within ten (10) days after it is impounded; such redemption to be according to the manner described in subdivision (a) of this section. Upon impounding a licensed dog, the Dog Poundmaster shall immediately give notice to the owner, at the address upon 23 24 25 26 27 28 29 30 31 32 Page Five. 1 the license tag, of the impounding of such dog; such notice may 2 ;e given through the United States mails. If such dog is not re - 3 deemed within ten (10) days from the date of bald notice, the Dog 4 Poundmaster may sell or destroy such dog. 5 (c) Any unlicensed impounded dog may be redeemed within three 6 (3) days after it is impounded; such redemption to be according to 7 the manner described in subdivision (a) of this section. Upon im- 8 pounding an unlicensed dog, the Dog Poundmaster shall immediately 9 give notice to the owner, if known, of the impounding of such dog. 10 If such dog is not redeemed within three (3) days after such 11 notice has been given, the Dog Poundmaster may sell or destroy 12 such dog. 13 (d) The Dog Poundmaster may, by humane methods, summarily 14 destroy: 15 (1) Any impounded dog which is suffering from an in - 16 curable disease, whenever the County Livestock Inspector certifies 17 in writing that such dog is in fact suffering from any such 18 disease. 19 (2) Any impounded unlicensed vicious dog. 20 (e) Whenever the Dog Pounamaster sells any impounded or un- 21 redeemed dog, he shall issue a bill of sale to the purchaser 22 thereof, which bill of sale shall operate to vest complete title 23 of said dog in such purchaser. 24 Section 7: CERTAIN ACTS MADE UNLAWFUL. It shall be unlaw- 25 ful: 26 (a) For the owner of any dog to fail or neglect or refuse 27 to obtain a license for such dog as herein required; 28 (b) For an owner of any dog to fail or nev°lect to keep 29 fastened to such dog the tag herein provided to be issued to such 30 owner, except while such dog remains indoors or in an enclosed 31 yard or pen; 32 (c) For an owner of any female unspayed dog to cause or per - PP, e Six. 1 Council to assume and discharge the duties herein required of the 2 Dog Poundmaster, then such duties as herein recited to be those 3 of the Dog Poundmaster shall become the duties of the City Health 4 Officer. 5 Section 9: PENALTY. Any person, firm, or corporation violat- 6 ing any of the provisions of this Ordinance shall be deemed guilty 7 of a misdemeanor and upon conviction thereof, shall be punished by 8 a fine of not more than Five Hundred Dollars (p500.00) or by im- 9 prisonment for not more than six (6) months, or by both such fine 10 and imprisonment. Any day upon which any violation of the pro - 11 visions of this Ordinance shall be a separate offense. 12 Section 10:s If any section, subsection, sentence, clause or 13 phrase of this Ordinance is for any reason held to be unconstitu- 14 tional or invalid, such decision shall not affect the validity or 15 constitutionality of the remaining portions of this Ordinance. 16 The City Council of the City of Beaumont hereby declares that it 17 would have passed this Ordinance and each and every section, sub - 18 section, sentence, clause, or phrase thereof, irrespective of the 19 fact that one or more of the sections, subsections, clauses or 20 phrases thereof be declared unconstittional or invalid. 21 Section 11: The City Clerk shall certify to the adoption of 22 this Ordinance and shall cause the same to be published once in 23 the Beaumont Gazette, a newspaper of general circulation, printed, 24 published and circulated in the City of Beaumont, and thirty (30) 25 days after its adoption this ordinance shall be in full force and 26 effect. 27 Passed and adopted this 18th day of April, 1950. 28 29 By 30 ATTEST: CITY OF BEAUMONT 31 32 City Clerk Mayor Page Eight. 1 STATE QF CALIFORNIA ) ( ss. 2 COUNTY OF RIVERSIDE ) 3 I, BERNICE CONINE, City Clerk of the City of Beaumont, do here - 4 by certify that the foregoing Ordinance No. 253 of the City of 5 Beaumont was introduced and read at a regular meeting of the 6 City Council of the City of Beaumont, duly held on the lay 7 of , 1950, and that the same was duly passed and adopted 8 at an adjourned regular meeting of the said City Council duly 9 held on the 18th day of April, 1950, by the following vote: 10 AYES: Councilmen: 11 NOES: Councilmen: Z2 ABSENT: Councilmen: 13 WITNESS my hand and seal this day of April, 1950. 14 15 Bernice Conine 16 City Clerk 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32