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HomeMy WebLinkAboutTC Ord 1964 (4) ORDINANCE NO. 21 AN ORDINANCE OF THE CITY OF TIBURON PRO\lIDIN'~ FOR THE LICENSING, CONFINE'IEN'=', INOCULA~ION, IMPOU}IDING AND CONTROL OF ANI]VIALS lVITHIN SAID CITY, AND REPEALING ALL CONFLICTING ORDINANCES 'The City Council of the City of Tiburon does ordain as follows: Section l~ SHORT TITLE. This ordinance shall be known and may be referred to in all proceedings as liThe ADinal Con- trol Ordinance." Section 2. DEFINITION OF TEru~S. For the purposes of this ordinance, the following words and phrases are defined and shall be construed as hereinafter set out unless it shall be apparent from the context that a different meaning is intended. (a) "DoglI means a.1'1y animal of the canine family. (b) "Ownerll means any person who owns, keeps or harbors an animal for fifteen or more consecutive days except a veterinarian or an operator of a kennel or a pet shop engaged in the regular practice of his business as such. (c) IIDog LicenseTl means the license required to be annually issued for each individual dog. (d) IILicensed Dogll means any dog for which the li- cense for the current year has been issued and to which the tag provided for in this ordinance is properly attached. lej lICounty" means the County of JVlarin. f "Cityll rr:eans thp City of 'Tiburon. g IICommercial Animal Establishmentll means any pre- mises whereon or wherein is carried on a business of buying, selling, bartering, renting or boarding of dogs, cats or other animals, wild or domestic, or fowl, provided that this definition shall not apply to the buying or selling of live- stock for dairy purposes, nor to dairy establishments, the business activities of a duly licensed veterinary hospital, nor to the business or activities of the Hwnane Society of ~Ilarin County. Sec tion 3. LICENSE REQUIREMEN'rS. Every owner of a dog which is over the age of four months and which is kept in the City shall procure a license for each such dog. Such license shall be procured within thirty (30) days after the da{ upon which the dog is four months old, or within thirty (30) days after the day upon which the dog, if over the age of four months, is first owned by a resident of the Cit~ and thereafter, shall be maintained on a current basis from year to year. Section 3.1 RABIES VACCINATION. Whenever the laws of this state requ1re vaccination of dogs against rabies, no license shall be issued for any dog required to be vaccinated until the issuing authority is given satisfactory written evidence of compliance under such law. Provided, however, that whenever state law does not require the vaccination of dogs against rabies, a license may be issued for any dog with- out evidence of rabies vaccinationg Section 3.2 CONFINING OF DOGS UNDER THE AGE OF FOUR ~ONTHS AND HABln0 QUARANTINE. Unlicensed dogs under the age of four months shall be confined to the property of the owner and all dogs shall be so confined for thirty (30) days after receiving the initial rabies vaccination. If any person shall fail or refuse to obey any lawful order for the quarantine of an animal for observation of rabies~ any Animal Control Officer may impound the ani~al for such quarantine at the expense of the owner at the redemption rate set forth in Section 4.4. Section 3.3 LICENSE FEE. A dog license fee of $4.00 per year is hereby imposed. The said fee is due and payable with the issuance of a license as required in Section 3 hereof. The fee shall be for licensing during the fiscal year and shall not be prorated. Section 3.4 DELINQUENT LICENSE PENALTYo Any owner failing to procure and pay for such license within the period allowed in Section 3 hereof shall pay a delinquent penalty for such failure in the SL~ of one dollar ($I.OO). Such delinquent penalty shall be in addition to the regular license fee and shall be paid at the time of issuance of the license. Section 3.5 DUPLICATE LICENSE TAGS. If a license tag is lost the owner may secure a duplicate license tag upon presen- tation of satisfactory proof of such loss, and payment of a fee of fifty cents. Section 3.6 DISPLAY OF LICENSE TAGSo The license tag issued to the owner upon securing of a license shall be attached securely to a collar or harness or other suitable device on the dog for which issued at all times that the dog is in the City and not confined indoors or in an enclosed yard or pen. The license certificate and tag shall be shown by the owner or per- son in control of the dog at any time upon demand by the Animal Control Officer or his deputies. Section 3.7 EXCEPTIONS. Any dog owned and used by a blind person as a guide dog is exempt from the license fee while so owned and used, but is not exempt from being licensed or from any required vaccination. The provisions of Section 3 of this ordinance shall not apply to any dog owned by or in the care of a non-resident of the City who is traveling through the City or temporarily sojourning therein for a period not ex- ceeding thirty days. Section 4. APPOINTI1ENT OF ANIMAL CONTROL OFFICER. The Humane Soclety of l1arin County is hereby appointed as and shall be the Poundkeeper for the City, and sa~d Humane Society shall appoint persons to act as Animal Control Officers. Section 4.1 PO~~RS AND DUTIES. The powers and duties of the Poundkeeper and its Animal Control Officers shall be as follows: (a) To enforce all provisions of this ordinance and all the laws of the State of California relating to the care, treatment and impounding of animals. (b) To maintain and keep an animal shelter or other place where all animals which are subject to be impounded may be kept and safely held and provided with proper and sufficient food and water. (c) To take up, impound ~~d safely keep any animals found to be in violation of the provisions of this ordinance. (d) To collect any costs or charges hereinafter pro- vided in this ordinance for the impounding and keeping of any animals. (e) To enter upon ar:~T ':':'emise':~"'on Nhich any. animal is kept for the purpose of taking up~ selzlng or impounding any animal found to be in violation of any of the provisions of this ordinance, or for the purpose of determining whether such animal is licensed or is violating the provisions of this ordinance. (f) To forthwith destroy any animal lawfully impoundec which by reason of injury~ disease or other cause is unfit for further use or is da~gerous to keep impounded. Section 4.2 DISPOSITION OF ANIMALS BY POUNDKEEPER. rme Poundkeeper shall keep any dog or animal impounded for violation of the provisions of this ordinance or turned over to him for disposal for the period of time hereinafter specified and shall dispose of the same in accordance with the following provisions: (a) Unlicensed dogs. Unless an unlicensed dog shall have been redeemed within ninety-six (96) hours after being impounded, Sundays and holidays excepted, it may be sold by the Poundkeeper, provided that the purchaser shall not be given possession of any such dog until he h2.S secured a license for the same and has paid such fees as are required for redemption. (b) Licensed dogs. Unless a licensed dog shall have been redeemed within seven (7) days after impoundment, Sundays and holidays excepted, such dog may be sold by the Poundkeeper, the same as an unlicensed dog. The Poundkeeper shall notify the registered owner of said dog by mail at the address shown in the licensing records of the City, said notice to be given within twenty-four (24) hours of impoundment. (c) Other animals. The Poundkeeper shall keep any other impounded animal for a period of at least seven days. At any time after the expiration of such period~ the Poundkeeper may~ unless the animal is redeemed~ or unless a bona fide home has been obtained for such animal~ destroy the same in a humane manner. Section 4.3 REDEMPTION OF IMPOUNDED ANIMALS. Redemption of an lmpounded animal by the owner shall be made by exhibiting to the Poundkeeper any required license certificate or license tag or other satisfactory proof of ownership, and by paying the charges provided for under Section 4.4 hereof. If an animal is sold or released to a person other than the owner, the owner of such animal may~ at any time within thirty (30) days after such sale or release, redeem the same from such purchaser or other person by paying him the amount of the purchase price if any, plus a sum equal to fifty cents (50 cents) per day from the date of such sale or release~ to and including the date of redemption, except that no person may redeem an animal under this section if he was given written notice of such impoundment by the Poundkeeper and failed for a period of five (5) days after the mailing of such notice to redeem or release such ani- mal from impoundment~ Section 4.4 REDEMPTION FEES. No dog or other animal shall be released by the Poundkeeper until all charges, costs of redemption and the current year's license charge, if any, have been paid. The charges and costs of redemption of impounded animals shall be a fee of $3.00 for the first impoundment in any fiscal year, a fee of $5.00 for the second impoundment in any fiscal year, a fee of $7.00 for the third impoundment in any fis- cal year, a fee of $10.00 for each additional impoundment in any fiscal year, plus in each impoundment a charge of 50 cents per day for keeping. Section 5. A..1\fD CAl'iE HM'UGE~. PEF}lI~TING DOGS TO RUN IN CERTAIN PUBLIC AREAS It shall be unlawful for the o~mer or person having control of any dos to suffer or permit the same, under any circumstances, to run at large in any public parks, or in any school, or upon any said school grounds, or in any com~er- cial district, or in any game refuge, or in any public watershed area; and every dog fO'.lnd running at large in violation 01' the provisions of this section shall be irrmediately seized and im- pounded. Any duly authorized peace officer shall be entitled to take such other action as may be reasonably necessary for the protection of wild game in those cases involving dogs running at large in game refuges or public watershed areas. Section 5.1 PERMITTING DOGS TO RIDJ ON CERTAIN PRIVATE LANDS. It shall be unlawful for the owner or person having con- trol of any dog to suffer or permit the same to run upon the lands of another whereon livestock or domestic fowl are kept, without the consent of the owner or person entitled to the use or pos- session of such lands. Section 5.2 NUISANCE ABATE]\1ENT. It shall be unlawful to permi t any vicious dog or dangerou:s animal to go unrestrained. The keeping or harboring of any dab, cat or other animal or fowl, whether licensed or not which by habitual howling, yelping, barking or other noise disturbs or ~~noys any considerable number of persons or neighborhood is unlwful and is hereby de- clared to be a public nuisance, and each day that such act is continued, shall constitute a separate offense. It shall be unlawful to suffer or permit any animal or fowl to trepass on private or public property so as to damage or destroy any pro- perty rr thing of value, or so as to commit any other act dangerous to public health or safety, and any animal committing any such act is hereby declared to be a public nuisance and may be impounded by the Poundkeeper. h~enever it shall be affirmed in writing by three or more persons having separate residences or regular17T employed in the neighborhood that any animal is an habitual nuisance by reason of trespassing, howling, barking or other noise, or dmnage to property, or being vicious or by its actions potentially vicious, or in any manner causing undue annoyance, the Poundkeeper or any peace officer of the City, if it is found by such authority that a nuisance exists, may serve notice upon the owner or custodian that such nuisance mllS-'- "he abated. If the owner or custodian does not abate such nuisance within forty-eight (48) hours after the giving of such notice, the Poundkeeper may impound the animal or fowl. Section 5.3 STRAY ANIMALS~ Any person discovering a stray or apparently lost animal shall report the same to the Poundkeeper. Any person who apprehends or picks up a stray or lost animal shall report the same to the Poundkeeper within eight (8) hours thereafter and shall release such animal to the Poundkeeper upon demand. Section 5.4 BITING ANIMALS TO BE REPORTED. 'The owner or other person hav~ng custody or control of any animal which bites a human being shall immediately notify the County Health Officer of such bite, giving the name and address of the person bitten, if known to him, and shall faithfully obey any quarantine instructions given by the Health Officers. Section 5.5 QUARANTI}lli CHARGES. Whenever the County Health Officer shall order the quarantine of any animal pursuant to the provisions of any local ordinance or state law, the owner of such animal shall pay to the County of Y.'arin a quarantine char2;e of $3.00 for the first quarantine of such animal, in any fiscal year, a charGe of $5.00 for the second quaratine of such animal in any fiscal year, a charge of $7cOO for the third quarantine of such animal in any fiscal year, and a charge of $10.00 for any subsequent quarantine of the same animal in any fiscal year.