HomeMy WebLinkAboutOrdinance 437 ORDINANCE NO. 437
2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AZUSA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
3 PROVIDING FOR THE LICENSING, REGULATING AND IM-
POUNDING OF DOGS AND OTHER ANIMALS, AND THE ES-
4 TABLISHING OF LICENSE AND POUND FEES, AND RESCINDING
ORDINANCES NUMBER 304,306,381 AND 402 OF THE CITY
5 OF AZUSA AND ALL OTHER ORDINANCES NOW IN EFFECT
REGULATING AND PROVIDING FOR THE CONTROL OF DOGS
6 AND OTHER ANIMALS.
7 The City Council of the City of Azusa does hereby ordain as
8 follows :
9 ARTICLE I.
10 DEFINITIONS.
11 Section 1.1 Dog, as used herein, shall mean any canine more
12 than four months of age.
13 Section 1.2. Kennel, as used herein, shall mean a place of
14 enclosure where more than three dogs are kept.
15 Section 1.3 . Puppy, as used herein, shall mean any canine
16 four months of age or younger.
17 ARTICLE II.
18 LIMITATION ON NUMBER OF DOGS KEPT.
19 Section 2.1. No person shall keep or maintain more than three
20 dogs, male or female, or erect, construct, establish or maintain
21 any dog hospital, a hospital for sick animals, or any dog kennel
22 for the keeping or boarding of dogs, or for the raising of dogs
23 for sale or show or otherwise, upon any premises within the City
24 of Azusa, or make any alterations therein or additions thereto,
25 except in M-1 and M-2 districts as set forth in the zoning
26 ordinance of the City of Azusa.
27 ARTICLE III.
28 UNLICENSED DOGS UNLAWFUL - EXEMPTION FROM LICENSE FEES.
29 Section 3 .1. No person shall keep, or cause to be kept within
30 the City of Azusa for more than thirty days, any dog, unless the
31 same is validly licensed as provided by this chapter except when
32 such a dog is kept in a regularly licensed commercial dog kennel.
-1-
1 No person intending to have any dog within the City of Azusa
2 for, a period of less than thirty days, shall allow such dog to
3 run at large. Provided, however, that the provisions above
4 set forth in this section shall not apply to, and no license fee
5 shall be required for any dog which shall have served in the
6 Armed Forces of the United States of America and has received an
7 honorable discharge therefrom, and further provided that no
8 person having defective eyesight shall be required to pay any
9 license fee for any dog specially trained and principally used
10 for the purpose of guiding such person.
11 Section 3 .2. The license collector is hereby authorized
12 and directed to provide such dogs with suitable license tags
13 without charge therefor, on application and suitable proof of
14 such service by the owner thereof.
15 ARTICLE IV.
16 APPLICATION AND FEE.
17 Section 4.1. Application for all dog licenses shall be made
18 to the license collector, or his delegated representative, who
19 shall issue such a license upon payment therefor of a license
20 fee of Two Dollars (*2.00) for each male dog or spayed dog, and
21 Four Dollars (*4.00) for each female dog. Each application for
22 license for spayed dogs shall file with the license collector an
23 affidavit signed by him in such form as the license collector
24 shall provide, that such dog is spayed. Each application shall
25 specify the sex, breed, color, name and distinguishing markings
26 of the dog, together with the name, address and telephone number
27 of the owner and possessor of the dog and any further information
28 that the license collector shall deem necessary. No license shall
29 be issued to any dog owner, the license for which has been
30 revoked as herein provided.
31 Provided, however, that if such license shall have been re-
32 quired at a date at least six months after the first day of any
-2-
1 license period, then one-half the annual license fee shall be
2 paid. All renewals of dog licenses shall be paid for at the
3 rate for the full year as herein set forth.
4 Section 4.2. Dog licenses shall be renewed and the fees
5 due and payable on July 1st of each year and must be paid prior
,
0 ! to August 1st of each year. After August :lst of each year a
7 penalty of Two Dollars (42.00) shall be charged and collected in
8 addition to the license fees collected upon the issuance of a
9 renewal license and a penalty of Two Dollars (42.00) shall be
10 charged for the issuance of an original license if not applied
11 for within thirty days after the dog is brought within the city
12 limits or comes into the possession of the owner.
13 It is provided, however, that any person who may have a
14 license for any dog as of the date of this ordinance goes into
15 effect, shall be entitled to credit on account of said license
16 hereinabove provided of one-half of the annual dog license fee,
17 which credit shall be made at such time as they may procure a new
18 license as hereinabove provided.
19 ARTICLE V.
20 LICENSE.
21 Section 5.1. All dog licenses shall be numbered, shall be
22 signed by the license collector, shall be on such form as shall
23 be provided by the City of Azusa, and shall expire on the 30th
24 day of June after their issuance. All such license fees shall be
25 payable in advance.
26 Section 5.2. Metallic .Tags. The license collector shall
27 procure metallic plates or tags, one of which shall be given with
28 each dog license. Such plates or tags shall have inscribed
29 thereon the number of the license with which it shall have been giver.
30 -nd the year for which it shall have been issued. The license
31 ollector shall keep a record of all licenses issued, a general
32 sescription of the dog for which each license shall have been
-3-
1 issued and the name of the owner or possessor of the dog for which
2 each license shall have been issued.
3 Section 5.3. Temporary Licenses. The license collector may,
4 upon application therefor and the payment of One Dollar ( 1.00) ,
5 issue a temporary permit for any dog brought temporarily within
6 the City of Azusa. Such permit shall not be valid for more than
7 ninety days, nor shall more than one such permit be issued for
8 any dog within any one calendar year. With each such permit there
9 shall be given a metallic plate or tag to be readily distinguished
10 from plates or tags issued for other dogs as herein provided.
11 I Section 5.4. Duplicate Tags. Whenever any plate or tag as
12 provided herein is lost or stolen the license collector may issue
13 a duplicate therefor upon application therefor and upon payment
14 of Fifty Cents (500) and the filing of an affidavit by the owner
15 or possessor of such dog to the effect that such tag or plate was
16 lost or stolen.
17 Section 5.5. License from Other Jurisdictions to be Honored.
18 Where a dog has been validly licensed in another jurisdiction, and
19 has been brought into the City of Azusa by its owner for permanent
20 residence, said license and tag may be replaced with an Azusa
21 license and tag for the balance of the license year upon payment
22 of a Fifty Cents ( 500) transfer fee and the surrender of the
23 former license tag.
24 Section 5 .6. Revocation. All dog licenses issued as provided
25 in this ordinance may be revoked whenever a dog is found to be
26 dangerous or is addicted to barking at night so as to be a nuisance
27 to any persons, or to destroying property. A dangerous dog is
•
28 I ereby defined, for the purpose of this section, to be a dog with
29 he propensity to bite human beings. It shall be prima facie
30 -vidence that a dog is dangerous when it has bitten a human being.
31 ARTICLE VI.
32 NUISANCE TRIAL.
-4-
1 Section 6.1. The judge having jurisdiction is hereby
2 given the authority, and it shall be his duty, upon the filing
3 of a verified complaint that a dog is dangerous or is addicted
4 to barking at night so as to be a nuisance to any persons or
5 destroying property, to set a hearing to determine whether or not
6 such a dog is dangerous or is addicted to barking at night so as
7 to be a nuisance to any persons. Written notice of the time and
8 place of such hearing shall be given to the owner or the possessor
9 of the dog complained of at least five (5) days prior to such
10 hearing. The judge shall have the power to summon witnesses,
11 administer oaths and take testimony as in other cases provided.
12 Such hearing shall be conducted before the judge having jurisdiction
13 and there shall be no right to a jury trial. Upon conclusion
14 of such hearing, the judge shall find whether or not the dog corn-
15 plained of is dangerous or is addicted to barking at night so
16 as to be a nuisance to any person, or destroying property. Upon
17 a finding that such dog is dangerous or is addicted to barking at
18 night so as to be a nuisance to any person, or that such dog des-
19 troys property, said judge shall order the license of such dog
20 revoked and thereafter it shall be unlawful for any person to
21 keep, or cause to be kept, such dog within the City of Azusa.
22 Unless such dog be removed from the City within five (5) days after
23 the mailing to the owner or possessor of such dog at the address
24 shown for such owner or possessor on the application made to the
25 license collector, as hereinabove provided, notice of the findings
26 and order of said judge, such dog shall be summarily destroyed by
27 the Chief of Police, any police officer of the city, or any other
28 officer of said city duly authorized to act in the premises.
29 Section 6.2. Report by Person Retaining Possession of Dogs
30 over 24 Hours. It shall be unlawful for any person, not the owner
31 thereof and without the consent of the owner thereof, to hold or
32 retain possession of any dog for a period of more than twenty-four
-5-
1 hours, unless such person shall report the same with a true
2 description thereof to the person in charge of the City Animal
3 Shelter.
4 ARTICLE VII.
5 DOG PACKS PROHIBITED.
6 Section 7.1. No person owning or harboring any dog within the
7 City of Azusa, although licenses, shall allow the same to run, or
8 be at large, within said City so that the same does or may run
9 with other dogs in pairs or packs of two or more. Any dog so
10 running at large is hereby declared to be a public nuisance,
11 whether licensed or not, and the Poundmaster is hereby directed to
12 abate such nuisance as soon as reported, by impounding such dog or
13 dogs.
14 ARTICLE VIII.
15 MUZZLES AND LEASHES REQUIRED FOR CERTAIN DOGS.
16 Section 8.1. No person owning or harboring any Greyhound,
17 Wolfhound, or other dog of a predatory nature within the limits
18 of the City of Azusa shall allow or permit such dog, whether
19 licensed or not, to be upon the public streets or sidewalks, or
20 in the public parks or any public place within the city, except
21 when muzzled and held under leash by an able-bodied person.
22 ARTIVLE IX.
23 RABIES TEST.
24 Section 9.1. Whenever the owner or person in control of any
25 dog is informed that such dog has bitten a human being, he shall
26 so inform the Police Department and shall immediately confine such
27 dog or deliver it to the pound, and the failure to do so shall be
28 unlawful. Whenever the Police Department is informed that any dog
29 as bitten a human being, it shall cause such dog to be taken
30 immediately into custody and confined in the pound where such dog
31 .hall be under the observation of the Health Department for a
32 eriod of fifteen days, or longer, if necessary. If it appears
-6-
1 that such dog has rabies, the Poundmaster shall cause it to be
2 destroyed. If, at the end of such period of observation, it shall
3 have appeared that such dog does not have rabies, it shall be
4 released upon the payment to the poundmaster of the sum of Fifty
5 Cents (500) per day for food for such dog during the period of
5H confinement, together with an impounding fee of Two Dollars ($2.00)
7
provided, however, that if the owner or person in control of such
8 dog immediately delivers it to the public pound upon learning that
9 it has bitten a human being, no impounding fee shall be charged.
10 ARTICLE X.
11 FEMALES, PERIODIC RESTRAINT.
12 Section 10.1. It shall be unlawful for any person to permit
13 any female dog to run at large when in heat. Any female dog so
14 running at large is hereby declared a public nuisance, whether
15 licensed or not, and the poundmaster is hereby directed to abate
16 any such nuisance, as soon as reported, by impounding such dog.
17 ARTICLE XI.
DOG POUND.
18
Section 11.1. The poundmaster shall maintain a suitable
19
20
enclosure at the public pound for the keeping of all dogs im-
pounded as provided herein.
21
ARTICLE XII.
22
POUNDMASTER'S DUTIES.
23
24 Section 12.1. The poundmaster shall seize and impound any and
25 all dogs running at large or being within the City of Azusa in
26 violation of this ordinance, and shall keep such dogs at and in
the public pound until they shall have either been redeemed or
27
humanely destroyed as provided in this ordinance.
28
ARTICLE XIII.
29
RIGHT OF ENTRY UPON PRIVATE PROPERTY.
50
Section 13 .1. The City Health Officer, poundmaster, deputy
31
poundmaster or any police officer shall be empowered to enter
32
upon any private property for the purpose of ascertaining whether
-7-
1 any dog, kept or harbored therein is afflicted with rabies or
2 whether or not a license tag has been secured for said dog.
3 ARTICLE XIV.
4 NOTICE AND DISPOSITION OF ANIMALS.
5 Section 14.1. The poundmaster shall post in three public
6 places in the City of Azusa, within twenty four hours after he
7 shall have impounded any dog, written notices describing accurately
8 each dog impounded and setting forth that unless such dog be
9 redeemed within two days thereafter, he will sell or humanely
10 destroy such dog. One of such notices shall be posted on a
11 bulletin board in front of the City Hall and one at the Police
12 Department. At any time after the expiration of such period of
13 two days the poundmaster may, without further notice and without
14 advertising in any manner, sell at private sale or public auction
15 to the highest bidder for cash any dog not redeemed as aforesaid.
16 All dogs impounded and not redeemed or sold shall forthwith be
17 humanely destroyed by the poundmaster.
18 ARTICLE XV.
19 POUND REGISTER.
20 Section 15.1. The poundmaster shall keep a register in which
21 shall be set forth a correct statement of all dogs impounded by
22 him, the date when each dog was impounded, the reason therefor, the
23 description of each dog, the date of posting of each notice, the
24 date of redeeming' any dog, the date of disposition of any dog, the
25 name of the new owner of any dog, and the date of destroying any
26 log•
2? ARTICLE XVI.
28 POUND FEES.
29 Section 16.1. No dog impounded shall be redeemed except upon
payment to the poundmaster of the following fees : for impounding
vw
31 dog, the sum of One Dollar ( 1.00) ; for feeding dog the sum of
32 One Dollar ($1.00) per day during which such dog shall have been in
-8-
1 the public pound and for posting notices Twenty Five Cents
2 (250) per notification or notice posted.
3 ARTICLE XVII.
4 INTERFERENCE WITH ENFORCEMENT.
5 , Section 17.1. No person shall resist, obstruct, or in any
6 way hinder the poundmaster in the performance of his duties under
7 this ordinance, or take or remove any dog from the possession of
8 the poundmaster, or out of the public pound, until the redemption
9 fees are fully paid, nor shall any person remove any license tag
10 from any dog without permission of the owner thereof, or of the
11 person having control thereof.
12 ARTICLE XVIII.
13 PROCLAMATION BY MAYOR OF PREVALENCE OF RABIES.
14 Section 18.1. Whenever it shall come to the knowledge of the
15 Mayor that rabies or hydrophobia is prevalent among dogs within
16 or near the City of Azusa, he shall issue and publish a procla-
17 mation in the official newspaper of the city declaring the
18 existence of rabies or hydrophobia, and prohibiting all dogs at
19 large unless on a leash or adequately muzzled; also requiring
20 unleashed and unmuzzled dogs in or on private property which is
21 open to the public to be confined in a separate enclosure on such
22 property.
23 Section 18.2 . Immediately upon the publication of such
24 proclamation as provided in this sectioA, no person owning,
25 possessing, controlling or harboring any dog in the City of Azusa
26 shall allow such dog to run or be at large on any public street or
27 +lace, unless such dog be on leash or chain and properly muzzled,
28 tnd all unleashed and unmuzzled dogs in or on private property
29 hich is open to the public, shall be confined in a separate
30 -nclosure on such property. The muzzle used on each dog shall
31 .e securely fastened around the dog' s head in such a manner that
32 it will completely surround the jaws and nose of the dog on which
-9-
1
it is fastened, and be constructed of sufficient strength and
2 fitted in such a way as to prevent the dog from biting any person
or other animal®
4, Section 18.3 . After the issuance of the proclamation
3
5
provided for in this section the provisions hereof shall be,
6 continue and remain in full force and effect until the publication
7 of another proclamation by the Mayor declaring all danger from
8 rabies or hydrophobia shall have passed.
ARTICLE XIX.
10 CONTRACTING FOR POUND SERVICE AUTHORIZED.
11 Section 19.1. Nothing contained in this ordinance shall
12 prohibit the City Council from contracting with any other public
13 body or non-profit organization for administering this ordinance
14 and operating the animal shelter where impounded animals are kept.
15 ARTICLE X.X.
16 PENALTIES AND EFFECT OF ORDINANCE.
17 Section 20.1. Penalties. Any person violating any of the
18 provisions of this ordinance shall be guilty of a misdemeanor and
19 upon conviction thereof shall be Punished by imprisonment in the
20 City Jail or in the County Jail for a period of not to exceed
21 six months, or by a fine of not to exceed Five Hundred Dollars
22 ($500.00) , or by both such fine and imprisonment.
23 Section O. .. Effect of Ordinance. If any section, subsectio .. :
24' sentence, clause or phrase of this ordinance is for any reason
25 held to be unconstitutional, such decision shall not affect the'
26 validity of the remaining portions of this ordinance. The
27 City Council hereby declares that it would have passed this ordinent
28 and each section, subsection, sentence, clause and phrase thereof,
29 irrespective of the fact that any one or more sections, subsections*,
30 sentences, clauses or phrases be declared unconstitutional.
31 Section 20.3. Repeal. Ordinances numbered 304,306,381,402,
32 of this city are, hereby repealed, and all ordinances or parts of
-10-
1 ordinances in conflict with or inconsistent with the provisions
2 of this ordinance are hereby repealed, except that this repeal shal
not affect or prevent the prosecution or
punishment of any person
4 � for any act done or committed in violation of any ordinance hereby
repealed prior to the taking effect of this ordinance.
61 ARTICLE XXI.
7
AUTHENTICATION.
8 Section 21.1. The Mayor of the City of Azusa is hereby
9 ordered to sign this ordinance and the City Clerk is hereby ordered
10 and directed to certify as to the passage hereof, and to cause the
.1 same to be published once in the Azusa Herald and Pomotropic, a
12 newspaper of general circulation, published and circulated in the
13 City of Azusa. This ordinance shall be effective thirty (30) days
14 after the passage hereof.
15
16
Kar J. ones,
17 Mayor of the City of Azusa.
1$, ATTEST:
19,
20 M. A. Hyde ,
City Clerk of the ; ty of Azusa.
21
22
23
24
25
26
27
28
29
30
31
32
-11-
STATE OF CALIFORNIA, )
ss.
[l County of Los Angeles.
I
I, M, A. HYNES, City Clerk of the City of Azusa, hereby
4 certify that the foregoing ordinance was introduced at a regular
meeting of the City Council of the City of Azusa, County of Los
6 Angeles, State of California, held on the 21st day of Aay
7 1951, and was regularly passed and adopted by said 'ity Council
8
signed by the Mayor and attested by the City Clerk of said City,
9 all at a regular meeting of said City Council held on the 4th1 .
C day of t , 1951, and that the same was passed by the
11 ` following vote:
12 Ayes: COUNCILMEN. `�acksor, Selter,
Memmesheirner, Jones
13 Noes: COUNCILMEN: None
7::4 Absent: COUNCILMEN : Ortuno
and that said ordinance was published on June 7th16 �,�
in the Azusa Herald & Pomotropic, a w e lt'; newspaper pu i
7 and circulated in said Cityof Azusa and was
published
18 to law.
19
ity 1 irk of e City of z
20
21
14*
22;
23
24
25
26
ti
29
30� �
31
32