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HomeMy WebLinkAboutTC Ord 1971-02-22 ORDINANCE NO" ___~2-.],IJ. S. AN ORDINANCE OF THE CITY OF TIBURON AMENDING CHAPTER 20 OF TITLE vI OF THE TIBURON CITY CODE (ANlMA.L CONTROL) The City CounciJ oi the City of Tiburon does ordain as follows: Section 1. Amendment. Section 20-2 of the Tiburon City Code is --nereby aniendecjt:oread as follows:' "Sec. 20-2. Animal control officers - A~pointment. The humane society of Marin County is hereby appointed as and shall be the poundkeeper for the City, and said human~ society shall appoint suitable persons to act as animal control officers. All animal control officers shall, for the purpose of enforcing thl s chapter! be df~emed to be peace officers." Section 2. Amendmen~_. Suhparagraph (d) is hereby added to Sectio~ 20-4 of the Tiburon City Code, to read as follows: "(d) Stra~ cats. Nottv'ithst<:nding the pro\,risions cont:ained in te preceding subpal:ag,raph~ stray cats, unless recleemedvli thin 96 hours after being impounded, Sundays and holidays f;xcepted ~ may be sold by the poundkeepe:t'. At any time after the expir.ation of such period, the poundkeeper may, unless the cat is redeemed, or unless a bona f~de home has been obtained for such a,nimal) des troy the ca t in H humane manner. II Section 3. Am.endmE.~nt. Section 20-5 of the Tiburon City I Code is hereby amended to rC'ad as [ollm'!8: lI(a) No dog or other. animal shall be released by the poundkeeper. to the Owner until all charges, cost of redemption, and the curt'ent, yeaxl s 1 icense charge, have been paid. The charges and cost of rede~ption of the impounded animal shcl11 be a fee of S~V(-HI dollars fo):" the first impoundment in any iiscal y~ar, and a fee of ten dollars for each additional. impoundment in any fiscal year, plus in each impoundmC!nt a charge of $1.50 per day for keeping. . (b) ~~t of anima~~. When a dog or other animal ~s sold by the poundkeeper, pl.1rsuant to this chapter) the price shall not be les:. than five rlollars for dogs and two dollars' for cati:.; anu other swal1 animals. NO other charge shall be made for such aI1imal eXt..~ept for the current year's license fee, if the dog is unlicensed. (c) Sur-renucr. l'hQ :,wrr.ende.': of an ani.mal bv owner to the poundk....~ep(;r -stlbsequen t to impound:uen t for d" violation of this chapt0r or any provision of State law, By draft date; 1/13/71 J... shall not relieve tl~ owner of the obligation to pay such charges as S.,.t forth ill tbis section, prior to such surrender, plus the accumulated boarding charges or those applicable charges seL fOt:"th in Ud s chartf!t'.!1 Section 4. Amenclmcnt.. See-ciarl. 20...} of the Tiburon City Code is' herch" amended -T:.0r(:~acl as follo~'-T~:;: " Sec. 20 - 7 . S tea y a r HIlla u, . (a) Anv p~rson Jiscuvering a stray or apparently los t aniluZ$.l shall. J.:C:[Jorl the SCHue to the poundkeeper. Any person who apprehends or picks up a stray or lost animal shall report the samE' to thE' poundkeeper ~vithin eight hours thereafter and shall releas'e such animal tc..) the poundkeeper upon dE~mand. (b) Stray animals shall he subject to the following charges: 1. For every horse, rn.tl.t'e, rlS S) ox, cow, bull, colt or calf over the age of six months, the charge of ten dollars and an additional charge of two dollars per day for keeping. 2. For ~very colt or calf under the age of six month;::; and [or ever'y sheep, lamb, goat 01" hog, a chargA of five dollar~ and an additional charge of two dollars per da.y for keeping. The County of Marin shall also be entitled to collect for all costs incurred in connection with such animals inc l.ud ing but not limi ted to tI1e cos t of advertisink1 t~ansrortation) drugs and veterinacy s<::rvices.1l Secti.on 5. Amendment. Section, 20-8 of the Tiburon City Code is- h.(:;r~'~'l:mended to read as follotvs: "Sec. 20-8, Vicious, howling, barkin~, etc., dogs and ~nimals prohibited and declared a nuisance. (a) It shall be unlawful to permit any vicious dog or dangerous animal to go unrestrained. (b) The keeping or harboring of any dog, cat or other animal or fowl, whether licensed or not, which by habitual howling, y,elping, barking or other noise disturbs or annoys persons in the neighborhood is unlawful and is hereby declared to be a public nuisance, and each day that such act is continued, shall constitue a separate offense. (c) It shall be unlawful to suffer or permit any an~al or fowl to trespass on private or public property 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. (d) Whenever it shall be affirmed, in writing, by one or more persons residing or regularly employed in the neighborhood that any animal is a nuisance by reason of trespassing, howling, barking or other noise, or damage 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, shall investigate, and if it is found by such authority that a nuisar exists, may serve notice upon the owner or custodian that such nuisance shall be abated. If the owner or custodian does not abate such nuisance within forty-eight hours after the givi~ of such notice, the poundkeeper may impound the animal or fo~" By draft date: 1/13/71 ~. Section 6. Amendment. Section 20-12 of the Tiburon City Code is hereby amended to read as follmvs: "Sec. 20-12. Commercial animal establishments. It shall be unlawful for any person to operate or maintain any commercial animal establishment without fi.rst obtaining a permit therefor. An annual permit fee of $20 is hereby imposed. for such pUr.poses. Such permit shall expire on the last day of the twelfth month from the date of issue. In the event that application for renewal is not made on or before the date of expiration, a delinquency cl~rge of 20% of the fee shall be assessed. For every calendar month of delinquency an additional 20% of the fee shall be assessed. The poundkeeper shall:) i.n connection with the issuance of any such permit, establish such condition as may be necessary to provide for the humane care and treatment of the dogs, cats, and other animals, either domestic or wild. Poundkeeper may deny or revoke such permit when necessary, to insure the humane care or treatment of the dogs, cats or other animals, whether they are domestic or wild. I Section 7. Amendment. Section 20-17 of the Tiburon City Code is nereby amended to read as follows: "Sec. 20-17. Same -- Fee; exceptions. (a) A dog license fee of five dollars is hereby imposed Upon all dogs, except spayed bitches, for which the fee shall be $2.50. Sai.d fee is due and payable with the issuance of a license as required by this Article. The license fee shall be for licensing during the fiscal year in which applicati.on is made for the license, and may be prorated. Such proration shall be allowed only for licenses applied for after January 1st if the owner of the dog to be licensed became a resident of the County after January 1st, or if the dog attained the age of 4 months after January 1st. The prorated fee for a license applied for by a new resident or a perSOll owning a dog attaining the age of four months after January 1st shall be two dollars. No prorated lic~nse shall be issued upon appli- cation by a new resident uf the County unless satisfactory proof is presented to the licensing authority that such residence commenced on or. after January 1st. (b) Any dog owne( and used by a blind person as a guide dog is exempt frc,n the license fee while so owned or used, but is not exempt from being licensed or from any By draft date: 1/13/71 3. required vac~ination, The provi:::.ionH of Section 20-16 shall not apply to any dog owned by or in the care of a non- resident of the Ci.ty ~'lho is traveJ Ing through the City or temporarily sojou.rninp lherein fDr a period no!,~ excE'C:'ding thirty dayt;. II Section 8. Amendment. Section 20-18 of the Tiburon City Code is hereby arllenJ(~'T:or~1.d a:.:; fol11),J.':i: ~.~ . '.!~..?O:Li?_~)e 11~~~~t. -1-Js_~.nSt~ ~_<-~l:..st... ~\~lY m~l11et' .l,a~11,ilg to procure and pa.y for BU~,lccnde w~tltln thE~ period allmvecl i.n SE~ction 20-16, shnll pay the delinquent penalty for such failul.5c i.n. chcamount of thre(~ dollars. Such delinquent penalty shall be in addition tu the regular licl,.::':l1se f(;~e and shall be paid at t.hc~ time of is fl'Uance of the 1 :i.(.'enRc. " Section 9. Amendment. Set'tion 20-22 of the Tibllron City Code is "'lei:" cbj:--amend t.,,-,.r ~'ead as folloTtls: 11~;.~.J 0-2~:.-..~mf i;...nerrten.t:._.!:.::!d ruara.l!tine. Unl icensed cogs lln(ler"t1i.'e age ot4 months sha 1 be conTined in the property oS: the owner and all dogs shall bE: so confined f()r 30 days after r(.~c,..~iving the initicll rabiel:: vaccination. If any person shall fail or refuse to obey any lawful order for the quarantine of Un ard.Ui::1.L for observation of rabies, any animal control officer mflY im.pound the animal for such quarantine a t: the e:,<pense of th'2 ()wnee A t the rate of $1. 75 pel." day. J! SG(.::tion 10. Amendment. Section 20-23 tS herehy added to the Tll~.ironcTty COd'e--;-'ti)-read as follm'::;;; "Sec. 20-23. Dog Control. Dogs shall, at all times, be kept under the ~ed1ate control and direction of a responsible person. Any dog which is not subject to such control and direction may be seized and ~pounded. Provided, however, that a dog on the premises of its owner shall be deemed to be under the immediate control and direction of said owner." See tion J.1. J1..rr;enc~m(~11 t. S,,'C tion 70 -24 i.s 1l(~rE:b y added to the ;:tToiil?Ofi-cTty co"lTe:--t"(i-rp.,sd as follows; "Se.e. 20-2/:. 3a1e m: 2 if t of do.... Uporl rbe .':;ale or g if t OIac:'rog 7' th()"!~'(~r-:son- ;I~<'l kIll-g-";tiZf.~ 3 ~lle OJ:' ri if t s ha J,l nc)t"].' r" ,- t"e ~'ln 1.' J.....' '" 1 -, or .. ....0] Of:... '-II''=' i" l) 'l"~ t. ~1'<O n -'ITlt' a'l'll..'l ,'d d 1:" 0,. S S ' '- 1..) L ! ~ ~ . _ ,e:. ;:' 1:-- ... _.. ... . .. _ "'.. ':' I,..... _ ~~ .... 0. of the pE~rscn lJUrLn.l"'l.fnn2~ ,>1: cr.=ce 1 v~ng eh(1 oog ~:i. ti1iu 30 days of the date of SlI4..:h sale en: t,~ift." Selt.iOI1 12. Sr2f)arabiJity. If any S(~CLillIl, pr.'O\/U;i.Ol1, sentc;.~n{'E):--c-Ia,li~'~'~or Phras(i-'0.f-El1i sore! inanc(> ,1::;, for any reason, declared t(l b(~ tpv.:llid. such d ~~.::L::ion ::;h~ill not affect: t:h:,~ validity of the r.(~maii1tng -;eci ion~ ~ :,cntenCE'f;, cl:::l.usC':s or phrases of this orci iJ:1dnce. Lt: bei np, the int.ent of the Cj. ty Council of the City of Til~,-.; :on UW.t: th,is o::dinanc..:;.:~ shall stand not~1i ths tand ing the inval id ty of .:;;\1('b .s~:::c tion, f,entfm~:f~, clause or phrase. St'....tlon'13 EfFccci";' DaLe 'l'f}).. o't'rji,-;~f'('f' f.;;Dd"1 Lntre effe(.~t an'(J ~lJ'> Tr~'-f""or'-;-;:-::':.t:;:""""""'llJ" >~---t~-:~- OT;-t 1","'-"1 r.t'~~'r',:" tt:l'~ '-I,','/',:'u" F' p-"';,:~:",,c.'. 1M t. J..11 \.,.C _ L,.. c...' __, _ .... 1. "-_ t......... _'- ". r.l. _.\."...:"l.':)..... II and bt-:for(\ the exp ira t iQn of' i i -'.~ ;e('(, Ul'l,ys aftET its pa.:~ :Sdge the By draft (Jacl.:': li1.3/n same shall be p~blished, with the names of the members voting for and against the same, at least once in a newspaper of general circulation published in the City of Tiburon. PASSED AND ADOPrED at a regtllar meeting of the City Council of the City of Tiburon held on the following vote: February 2~__, 1971, by AYES: COUNCILMEN: NOES: COl~CILMEN: ABSENT: COUNCILMEN: Becker, Fanning, Ellinwood, Rice Sennett None None /) ~/ // ~' . T . I E Mayor of the City of Tiburon By draft date: 1/13/71 5.