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HomeMy WebLinkAboutOrdinance 042 ORDINANCE NO. 42 ' AN ORDINANCE OF THE CITY OF ATASCADERO AMENDING TITLE 4 OF THE ATASCADERO MUNICIPAL CODE ENTITLED ANIMALS The Council of the City of Atascadero ordains as follows : Section 1 . Section 4-1 .112 is amended to delete any reference to "poultry" and shall read as follows : ' 4-1 . 112. Disposition of dead animals, dogs , cats , and household pets upon request. ' It shall be the duty of the Animal Control Officer upon request of any owner of any dead animal , dog, cat, or household pet which was kept or maintained in the City immediately prior to its death, or upon the request of any person or persons discovering a dead animal , dog, cat , or household pet upon his premises or upon any public road , high- way, street, alley, square, park, school ground or other public place , ' or in or upon any lot or premises ,to forthwith bury or dispose of such animal , dog, cat, or household pet in such a manner as may be pre- scribed by law. The Animal Control Officer may charge and collect fees for the transportation and disposal of the animal , dog, cat , or ' household pet from the owner or person having had the possession or control of the animal , dog, cat, or household pet if such owner or person can be ascertained. Section 2. Section 4-1 . 113 (d) is amended to eliminate the phrase "except dogs kept for the owners use in herding livestock or hunting" and shall read as follows: 4-1 . 113 . Definitions. ' (d) "Dog kennel" shall mean any lot , building, structure , enclo- sure or premises whereon or wherein four (4) or more dogs four (4) months of age or older , are kept or maintained for any purpose whatsoever provided , however , that if other ani- mals or birds or fowl are bought , sold or bartered, the clas- sification to apply shall be that of a pet shop; and pro- vided , further , that this definition of "dog kennel" shall not be construed as applying to a duly licensed veterinary hospital or any public pound . Section 3. Section 4-1 . 113(8) is amended to read as follows: 4-1 . 113 . Definitions . (g) "Non-commercial kennel" shall mean any dog kennel in which four (4) or more dogs are kept for non-commercial reasons , including hunting and herding livestock. The sale of animals from such a kennel shall be limited to one litter per year , and shall be considered an accessory residential use and will not be construed as a commercial use or activity. Each dog Ordinance No. 42 - Animal Ordinance Amendments in such kennel shall be individually licensed as provided for ' in Section 4-1 .224 . Section 4 . Section 4-1 . 114 is amended to read as follows : ' 4-1 . 114. Dog Kennels, Pet Shops, Regulations. It shall be unlawful for any person, firm, corporation or associa- tion to erect , establish or maintain any boarding kennel , commercial kennel , non-commercial kennel , or pet shop as herein defined , without first obtaining the permit from the Chief Animal Control Officer . The ' granting of such permit shall be in the discretion of the Chief Animal Control Officer, who shall take into consideration the type of con- struction to be employed as it relates to sanitation , and the manner ' in which the animals , birds or fowl are to be housed. Prior to issuing such permit , the Chief Animal Control Officer shall receive the approval of the Planning Director so as to assure compliance with such zoning regulations as may be in effect. The permit shall be for a calendar year , with a permit fee due and payable on January 1st of each Year . The amount of said fee shall be set by Resolution of the City Council . ' Section 5 . Section 4-1 . 115 is amended to read as follows: 4-1 . 115 . Requirement of Business License - Posting of emer- gency notices . It is unlawful for any person , firm, corporation , or association to erect, establish or maintain any boarding kennel , commercial ken- nel , or pet shop, as defined in this Title , without first obtaining a license from the City Tax Administrator . After approval by the Chief ' Animal Control Officer of the permit that is required by this Chapter , the Tax Administrator , upon the payment of the required annual license fee for the privilge of maintaining such dog kennels or pet shops , shall issue to the applicant a license in such form as he may pre- scribe . Such license shall be for the calendar year or any part thereof during which the dog kennel or pet shop shall be maintained , and shall be due and payable in advance on January 1st of each year , ' provided the above mentioned permit has not been revoked. Every per- son , firm, or corporation maintaining a boarding kennel , commercial kennel , or pet shop shall post a notice in a conspicuous place where ' it may be seen outside the locked premises , listing names , addresses and telephone numbers of persons who may be contacted in the event of an emergency. ' Section 6 . Section 4-1 . 116 (a) and (d) is amended to read as follows: ' 4-1 . 116. Kennel and Pet Shop Permits - Refusal , Suspension Revocation Thereof. (a) The permit for the maintenance and operation of a boarding ' kennel , commercial kennel , non-commercial kennel or pet shop shall be refused by the Chief Animal Control Officer upon a finding that any provisions of any health law of the State of 2 Ordinance No. 42 - Animal Ordinance Amendments California, or any of the applicable provisions of this Chap- ' ter have not be complied with. (d) All office hearings referred to herein shall be conducted in ' accordance with procedures adopted by the Animal Regulation Department. The applicant or permittee may call and examine witnesses , introduce exhibits , question city officials and opposing witnesses on any matter relevant to the issues, and ' may rebut evidence against him. The hearing shall not be conducted according to technical rules relating to procedure , evidence or witnesses . All relevent evidence shall be ad- mitted. The Chief Animal Control Officer shall insure that an informal record of the proceedings is maintained . Section 7 . Section 4-1 .208(b) , (c) and (d) is amended to read as follows : 4-1 .208 . Redemption fees . (b) Impound fee of fifteen dollars ($15 .00) for the first occasion of any dog impounded within a calendar year ; (c) - Impound fee of fifty dollars ($50 .00) for the second occasion of any dog impounded within a calendar year ; ' d) Impound fee of one hundred dollars ($100 .00) for the third and each such subsequent occasion of any dog impounded within a calendar year . ' Section 8 . Section 4-1 .220 (e) is amended to read as follows : 4 . 1 .220. Vaccination ,performance. (e) Name and address of owner of dog; Section 8. Section 4-1 . 301 is amended to read as follows : 4-1 . 301 . Impounding and disposition of stray or abandoned ' cats. It shall be the duty of the Poundmaster to receive and impound all cats believed to have been abandoned by their owners. The Poundmaster ' shall provide proper'care and attention , food and water , for all cats impounded and shall keep such cats for a period of three (3) days un- less the cats be sooner reclaimed or redeemed by the owner or person having control thereof. Such redemption shall be made by paying the Poundmaster charges imposed to recover actual costs of feeding and caring for the impounded cat. No fees whatsoever shall be charged or collected for or on ac- count of any cat which has been unlawfully taken up or impounded . The ' owner of a cat who believes the cat has been unlawfully seized may request a hearing in accordance with the procedure set forth in Sec- tion 4-1 .207 . 3 Ordinance No. 42 - Animal Ordinance Amendments At any time after the expiration of the period of three (3) days , the Poundmaster may, without notice and without advertising in any manner , sell , give away, or dispose of the cats; provided, however , the Poundmaster may not sell , give away, or transfer title to any cats ' for any purposes as set forth in Section 4-1 .209 ; provided further , however , the Poundmaster may not sell or give away any female cat that has not been spayed, or any male cat that has not been neutered , un- less the cost of spaying or neutering such cat , as determined and pro- mulgated by the Department of Animal Regulation, has been deposited with the pound . Any cat found trespassing on any private property in the city may be taken up by the owner or possessor of the property and delivered to the Poundmaster or detained on the property until picked up by the Poundmaster. Every person taking up an cat under the provisions of this chap- ter Y p p ter and every person finding any lost, strayed or stolen cat shall , within twenty-four hours thereafter , give notice thereof to the Pound- master and every such person in whose custody such cat may, in the meantime, be placed shall surrender such animal to the Poundmaster without fee or charge and the Poundmaster shall thereupon hold and dispose of such cat in the above described manner . Section 8. The City Clerk shall cause this ordinance to be pub- lished once within fifteen ( 15) days after its passage in the Atasca- dero News , a newspaper of general circulation printed , published and circulated in the City in accordance with Section 36933 of the Govern- ment Code; shall certify the adoption of this ordinance and shall cause this ordinance and this certification to be entered into the Book of Ordinances of this City. ' Section 3 . This ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the 31st day after its passage. ' The foregoing ordinance was introduced on September 14, 1981 and adopted at a regular meeting of the Council held on September 28,-.-19 81 ' AYES: Councilmen Highland, Mackey, Nelson, Stover and Mayor Wilkins NOES: None ABSENT: None 4 Ordinance No. 42 - Aniol Ordinance Amendments ' RO ERT J. WILKI S , . , MayV ATTEST: MU R L . A DEN, City Clerk APPROVED AS FORM: ALLEN GRIMES , City Attorney 5 ,a ' CERTIFICATION I hereby certify that the foregoing is a full, true,- ' and correct copy of Ordinance. No. 42 passed by the Atascadero City Council at its regular Council meeting held on September 28, 1981 ' f4FRAY WARDEN, City Clerk ty o Atascadero, California