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HomeMy WebLinkAboutOrdinance 033 ORDINANCE NO. 33 AN ORDINANCE OF THE CITY OF ATASCADERO ADDING CHAPTER 1 TO TITLE 4 OF THE ATASCADERO MUNICIPAL CODE, ENTITLED ANIMALS The Council of the City of Atascadero ordains as follows : Section 1. Chapter 1 of Title 4 is waded to the Atascadero Municipal Code to read as follows: TITLE 4 . PUBLIC SAFETY Chapter 1. Animals Article 1 . General Provisions 4-1. 10 :. Establishment of public pound. A public pound is authorized and established, and it and any of its branches shall be located at such place as shall be fixed from time to time by the City Council Thepublicpound, and any of its branches, shall be provided with suitable buildings and enclosures to adequately keep and safely hold all dogs, cats, or household pets subject to be impounded by the provisions of this Chapter. 4-1.102 . Contract for animal control services. The ,City Council may contract with the County of San Luis Obispo for the performance of such animal control services as may be desired to implement, enforce or execute the provisions of this Chapter. In the event such contract is entered into, then the authority, duties, obligations and responsibilities assigned herein to the Animal Con- trol Officer, as defined or limited by such contract, shall become the authority, duties, obligations and responsibilities of the Di- rector, Department of Animal Regulation,` County of San Luis Obispo. 4-1. 103 Authority of Chief of Police. The provisions of Section 4-1. 101, above, notwithstanding, the Chief of Police shall be responsible for and shall have authority to exercise the duties, obligations and responsibility for all pro- visions of this Chapter not otherwise provided for by contract executed' under Section 4-1.102 above. 4-1. 104 . Animal Control Officer - Duties. There shall be in this City a Chief Animal Control Officer responsible for the administration of animal control regulations.. It shall be the duty of the Chief Animal Control Officer and his duly authorized deputies and employees to carry out and enforce the provisions of this title and all applicable statutes of the State and to be in charge -of the public pound. It shall be the duty of ORDINANCE NO. 33 the Chief Animal Control Officer to provide patrols of the City from time to time and without public notice for the purpose of en- forcing the provisions of this Chapter. 4-1. 105. Animal Control Officer —Citation authority - Authority to carry weapons. (a) The Chief Animal Control Officer and his duly authorized deputies shall have the power to issue citations pursuant to Chapter 4 , Ordinance No. 10 , dated August 13 , 1979 , establishing City of Atascadero Municipal Code. (b) Animal Control Officers, when acting in the course and scope of their employment, shall be and are authorized to carry on their person, or in official vehicles, loaded firearms or weapons of the type approved by the Chief An mal Control Officer for the limited purpose of use with respect to rabid or injured animals. Each officer shall qualify under California Penal Code Section 832 in the use of firearms. 4-1. 106. Badges The Chief Animal Control Officer and his duly authorized and appointed deputies, while engaged in the execution of their duties , shall each wear in plain view a badge having, in the case of the Chief Animal Control Officer, the words "Chief Animal Control Officer" and in the case of the Deputy Animal Control Officers , the words "Deputy Animal Control Officer" engraved thereon. Any person who has not been appointed as an Animal Control Officer, or whose appointment has been revoked, who shall represent himself to be or shall attempt to act as an Animal Control Officer shall be guilty of a misdeameanor. 4-1.107. Record of poundmaster. The poundmaster shall keep a written record of the number, des- cription and disposition of all dogs, cats and household pets impounded, showing in detail in the case of each, the date of receipt, the date and manner of disposal, the name of the person reclaiming, redeeming or receiving such dogs, cats or household pets, the reason for destruction and such additional records as from time to time may be necessary. 4-1. 108. Reports The Chief :Animal Control officer shall make a monthly report to the City Manager, or as often as may be required, of the actions, transactions and operations of the public pound. 4-1. 109. Unnecessary noise. It is unlawful for any person to keep, maintain, or permit on any lot or parcel of land, any dogs, cats, or household pets, poultry or other animal, which by any sound or cry shall disturb the peace 2 - ORDINANCE NO. 33 and comfort of the neighborhood. 4-1.11.0 . Abatement of noise or nuisance. Whenever it shall be affirmed in writing by three (3) or more persons living in separate dwelling units in the neighborhood that any dog, cat, animal, poultry or household pet is a nuisance by reason of howling, barking, or other noise, or is in any other manner causing undue annoyance, that shall constitute a public nuisance, the Animal Control Officer, if he finds such public nuisance to exist, shall serve notice upon the owner or custodian that the public nui- sance shall be abated or the animal shall be impounded in a legal manner. If the nuisance and annoyance cannot be successfully abated and the Animal Control Officer determines it necessary to impound such dog, cat., animal , poultry or household pet, he shall not permit the reclaiming or redemption of the animal to the owner or custodian unless adequate arrangements have been made by the owner or custod- ian to ensure abatement of the annoyance or public nuisance. 4-1. 111 . Unlawful disposal of dead animals, dogs, cats, poultry and household pets. It is unlawful for any owner or person who, having had the posses- sion or control of any animal, dog, cat or household pet while alive, to plane the body of such animal, dog, cat or household pet, after its death, or cause to permit it to be place or to knowingly allow or permit it to remain, in or upon any public road, highway, street, alley, square, park, school ground or other public place, or in or upon any lot, premises, or property of another. 4-1.112 . Disposition of dead animals, dogs, cats, poultry and house- hold pets upon request. It shall be the duty of the Animal Control Officer upon request of any owner of any dead animal, dog, cat, poultry, 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, poultry or household pet upon his premises or upon any public road, highway, 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, poultry, or house- hold pet in such a manner as may be prescribed by law. The Animal Control Officer may charge and collect fees for the transportation and disposal of the animal, dog, cat, poultry or household pet from the owner or person having had the possession or control of the ani- mal, dog, cat, poultry or household pet if such owner or person can be ascertained. 4-1.113 Definitions. (a) "Animals" shall mean and include horses, ponies, mules, jacks, jennies, cows, bulls, calves, heifers, sheep, goats swine, rabbits, and all other domestic or domesticated - 3 - I� I� ORDINANCE NO. 33 animals other than household pets. (b) Poultry shall mean and include pigeons, ducks, geese, turkeys, chickens, and all other domestic or domestica- ted fowl other than household pets. (c) "Household pets" shall mean and include cats, dogs, canar- ies, parrots and other kindred animals and birds usually and ordinarily kept as household pets. (d) "Dog kennel" shall meananylot, building, structure, enclosure or premises whereon or wherein four (4) or more dogs four (4) months of age or older, are kept or main- tained for any purpose whatsoever except dogs kept for the owners use in herding livestock or hunting; provided, however, that if other animals or birds or fowl are bought, sold or bartered, the classification to apply shall be that of a pet shop; and provided, further, that this definition of "dog kennel" shall not be construed as applying to a duly licensed veterinary hospital or any public pound. (e) "Boarding kennel" shall mean any dog kennel in which dogs not owned by the kennel, or the owner or owners of the kennel, are kept and cared for, and a fee is charged for such lodging and care. (f) "Commercial kennel" shall mean any dog kennel in which dogs are kept for commercial reasons, for sale or for commer- cial breeding. (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 be construed as a commercial use or activity. Each dog in such kennel shall be individually licensed as provided for in Section 4-1.224.. (h) "Pet shopet shall mean any lot, building, structure, en- closure or premises whereon or wherein a business of buying and selling or bartering birds, animals or fowl is carried on; but this definition shall not be construed as applying to the buying or selling of livestock, nor to the business or activities of a duly licensed veterinary hospital , nor to the business or activities of any public pound. (i) _"Poundmaster shall mean the Chief Animal Control Officer of the City. 4-1. 114 . Dog Kennels, Pet Shops, Regulations . It shall be unlawful for any person to erect, establish or 4 0 ORDINANCE NO. 33 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 construction 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 regu- lations as may be in effect. The permit shall be for a calendar year, with a permit fee due and payable on January lst of each year. The amount of said ,fee shall be set by Resolution of the City Council. 4-1. 115. -Requirement of BusinessLicense Posting of emergency notices. It is unlawful for any person to, erect, establish or maintain any boarding kennel, commercial kennel, 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 privil- ege of maintaining such dog kennels or pet shops, shall issue to the applicant a license in such form as he may prescribe. 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 pay- able in advance on January lst_ of each year, and shall expire on December 31st of such year, provided the above mentioned permit has not been revoked. Every person, 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 prem- ises, listing names, addresses and telephone numbers of persons who may be contacted in the event of an emergency. 4-1. 116. Kennel and Pet Shop Permits - Refusal, Suspension or 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 of the applicable provisions of this Chapter have not been complied with. (b) A permit may be immediately suspended by the Chief Animal Control Officer for violation of any provision of this Chapter when, in his opinion, the danger to public health is so imminent, immediate and threatening as not to admit of delay. - In the event of such suspension', the holder shall be given an opportunity for an office hearing before an im- partial hearing officer within forty-eight (48) hours of the time of suspension. Upon conclusion of the office 5 ORDINANCE NO. 33 hearing, the hearing officer may decide to: t) (1) Dismiss the charges and reinstate the permit; or (2) Reinstate the permit conditioned upon correction of the violation; or (3) Revoke the permit. (c) If, in the opinion of the Chief Animal Control Officer, the danger to public health is not so imminent, immediate and threatening as to admit of delay, he shall send a notice of violation to the permittee and seek to achieve compliance informally by means of a correction schedule and reasonable inspections. If, as a result of subsequent in- spection, it is determined that the permittee has failed to comply with the schedule and correct the noticed deficien- cies, the Chief Animal Control Officer shall send a notice to the permittee .advising the permitteeof ;the remaining deficiencies and the convening of an office hearing to determine whether or not the permit should be revoked. Upon conclusion of the office hearing; the hearing officer may decide to: (1) Dismiss the charges; or (2) Establish a correction schedule; or (3) Revoke the permit. (d) All office hearingsreferred to herein shall be conducted in accordance with procedures adopted by the Animal Regu- lation Department. The Chief Animal Control Officer shall insure that an informal record of the proceedings is maintained. (e) Whenever the issuance of a permit is refused, or a permit is revoked and the required office hearing has been held, the applicant or permittee may appeal the action of the Chief Animal Control Officer to the City Manager, within ten (10) days of the action by the Chief Animal Control Officer. The City Manager shall hear the matter at the earliest possible date and shall give reasonable notice of the time and place thereof to the applicant or permittee and to the Chief Animal Control Officer and shall render a decision in writing within ten (10) days of the hearing. In the event that the applicant or permittee wishes to appeal such decision, he shall do so in accordance with the provisions of Ordinance No. 10, Chapter 2 , Sections 22 through 25 . 4-1. 117. Interference with performance of duties. - 6 ORDINANCE NO. 33 It is unlawful for any person to resist, hinder, or obstruct the Chief Animal Control Officer or any of his deputies or employees in the exercise of their duties, Any person who violates this sec— tion is quilty of a misdmeanor. 4-1.118 . Violation of Ord'e'r. Any person who, after notice, violates,, or who upon the demand of any Animal Control Officer or Deputy, refuses or neglects to conform to any rules, order, or regulation prescribed by the. Animal RegulationDepartment, is guilty of an infraction, •• 4-1.119. Keeping Animals - Limi'ta'tions. It is unlawful for any person, or persons,, :to own{ harbor or maintain, at any single--family dwelling, more than three (3) dogs or . cats four (4) months of age or older. 4-1.120. Violation, No person shall tie, stake, or pasture, or permit the tying, staking, or pasturing of any animal or poultry upon any public or private property without the consent of the owner or occupant of such property or in such a way as to permit any such animal to trespass upon any street or public place or upon such private property. All such animals shall be provided with adequate food, water, and shelter or protection from the weather. All fences or enclosuresused for the purpose set .forth in this section shall be of such material and maintained in such manner as humane for the safety and protection of such animals. ARTICLE 2 . Dogs 4-1. 201. Stray dogs defined, A "stray dog" is any dog -licensed or unlicensed,, which is in or on any public road, highway, street, alley, square, park, school ground or other public place, or in or upon any lot, premises or property of another when not accompanied in the near vicinity by the person owning, having interest in, harboring, or having charge, care,, control, custody or possession ,of such dogs Any stray dog shall be immediately seized and impounded, by the Poundmaster. 4-1. 202 . Leash law, It is unlawful for any person to permit any dog owned, harbored, or controlled by him to be on any public street, alley, lane,. park or place of whatever nature open to and used by the public in the incorporated areas of the City unless such dog is securely leashed and the leash is held continuously in the hand of a responsible perms, son capable of controlling such. dog, or unless the dog is securely confined in a vehicle, or unless the dog is at "heel" beside a com-- petent person and obedient to that person' s command, 7 _ ORDINANCE NO. 33 Dogs used on farms and ranches for the primary purpose of herding livestock are not required to be leashed or at "heel" beside their owner or person controlling the use of these dogs while on a public street, alley, lane, or place of whatever nature open ' to and used by the public while herding such livestock and as long as these dogs are obedient to the commands of the person controlling their use for this purpose. Dogs used for the primary purpose of ' hunting are not required to be leashed or a "heel" while used in hunting as long as these dogs are obedient to the commands of the person controlling their use for this purpose. 4-1. 203. Duty of Poundmaster to seize and impound stray dogs. It shall be the duty of the Poundmaster to seize and impound, ' in a lawful manner, and subject to the provisions of this Chapter, all stray or unlicensed dogs found within the City. ' 4-1.204 . Dogs running at large. Any dog found trespassing on any private property in the City may be taken up by the owner or possessor of the property and de- livered to the Poundmaster or detained on the property until picked up by the Poundmaster. ' 4-1. 205 . Delivery to Poundmaster by private persons. Every person taking up any dog under the provisions of this ' Chapter and every person finding any lost, strayed or stolen dog, shall within twenty-four (24) hours thereafter, give notice thereof to the Poundmaster and every such person in whose custody such dog may, in the meantime, be placed shall surrender such animal to the ' Poundmaster without fee or charge and the Poundmaster shall there- upon hold and dispose of such dog in the same manner as though such dog had been found running at large and impounded by him. 4-1. 206 . Notice of impounding dog. ' As soon as possible, but not later than twenty-four (24) hours after impounding any dog properly registered under the provisions of this Chapter, the Poundmaster shall notify the registered owner or person having control of the dog by telephone, mailorpersonally ' that such dog is impounded and that it can be redeemed within three (3) days from the date of such impounding and unless ,redeemed the dog will be disposed of in any manner as provided by this Chapter. 4-1. 207 Redemption of impounded dogs. The Poundmaster shall securely keep any dog impounded for a period of three (3) days unless the dog be sooner reclaimed or re= deemed by the owner or person having control thereof. Except as may be provided in Section 4-1. 208 , the owner or person entitled to the custody of the dog so impounded may, at any time before the sale or 8 t ORDINANCE NO. 33 other disposition thereof, during the office hours of the pound, reclaim or redeem the dog by exhibiting to the Poundmaster the license certificate or license tag showing that the license for the dog for the then current year has been paid and by paying the Pound- master any charges provided for. No fees whatsoever shall be charged or collected for or on account of any dog which has been unlawfully taken up or impounded. If the owner or person entitled to the custody of the dog believes that the dog has been unlawfully taken up or impounded, that owner or person may, within the seventy-two (72) hour redemption period, request that an impartial hearing be conducted to determine the sole issue of whether the dog was lawfully seized and impounded. If a dog has been unlawfully taken up or impounded, it shall be returned to its owner or the person entitled to the custody thereof. 4-1. 208. Redemption fees. The owner or person entitled to the custody of a dog impounded shall pay the following fees to thePoundmasterbefore such dog is released: (a) Registration or license fee for the then current year unless such fee has been previously paid and evidence of paid fee adequately exhibited; (b) Impound fee of ten ($10) dollars for the first occasion of any dog impounded within a calendar year; (c) Impound fee of twenty-five ($25) dollars for the second occasion of any dog impounded within a calendar year; (d) Impound Im fee of fifty ($50) dollars for the third and each such subsequent occasion of any dog impounded within a calendar year. 4-1. 209. Sale, gift, or destruction of dogs. At any time after the expiration of the period of three (3) days, the Poundmaster may, without further notice, and without advertising in any manner, sell , give away or dispose of in a humane way, any dog not reclaimed or redeemed as aforesaid. Provided, how- ever, the Poundmaster may not sell, giveaway or transfer title to any dog or any other animal to any institution engaged in the diag- nosis or treatment of human or animal disease, or in research for the advancement of veterinary, dental, medical , or biologic sci- ences, or in the testing or diagnosis, improvement or standardization of laboratory specimens, biologic products, pharmaceuticals, or drugs . 4-1. 210. Injured and diseased dogs. Every dog taken into custody by the Poundmaster which by reason - 9 ORDINANCE NO. 33 of injury, disease or other good cause as determined by a licensed veterinarian as dangerous or inhumane to keep impounded, shall be forthwith destroyed by the Poundmaster in a humane manner unless the owner or person entitled to the custody of the dog can be ' notified by the Poundmaster within a reasonable period of time to arrange and provide for medical care. The Poundmaster shall release such dog to its owner or person having control thereof upon payment ' of the redemption fees and other charges as provided in this Chap- ter. However, if the licensed veterinarian determines that the dog is diseased and by reason of such disease is dangerous to persons or to other animals, or to the general health and welfare of the City, the Poundmaster shall destroy the dog. 4-1. 211. Care of dog while impounded. The Poundmaster shall provide all dogs in his custody with proper food and water, and shall give them all necessary care and attention. The Poundmaster may charge a fee for recovery of actual costs for food and care at the time an impounded dog is redeemed by its owner or person having custody or may charge these fees at such time an unclaimed dog is sold. ' 4-1. 212 . Vicious and dangerous dogs. ' If any dog within the City is known to have bitten any person or persons on at least two separate occasions, the Chief Animal Control Officer shall notify the owner or person having control of such dog to so keep or surrender the dog in such manner as the Chief Animal Control Officer shall direct. If it is determined by the Chief Animal Control Officer that the dog cannot be properly con- trolled in order to ensure public safety, then the Chief Animal ' Control Officer shall destroy the dog in a humane manner. If any dog within the City is determined by the Chief Animal Control Officer to be vicious and dangerous to the safety of any person or persons, the Chief Animal Control Officer shall notify the owner or person having control of such dog to keep or surren- der the dog in such manner as the Chief Animal Control Officer shall direct. If it is determined by the Chief Animal Control Offi- cer that the dog cannot be properly controlled in order to ensure public safety, the Chief Animal Control Officer shall destroy the dog in a humane manner. It shall be the duty of the owner or person having control of a vicious and dangerous dog, or a dog which has bitten human being, to surrender the dog as may be ordered by the Chief Animal Control Officer. ' 4-1. 213. Biting dogs It is unlawful for any person to suffer or permit any dog ' owned, harbored, or controlled by him to inflict upon any human being a bite, that penetrates the skin, while the person bitten is ' - 10 - i ORDINANCE NO. 33 on any public place, or legally upon any private property. The person bitten may request the Animal Control Officer to initiate criminal proceedings against such other person by submitting a signed, written complaint. ' 4-1. 214 . Impounding of biting dogs. Upon written notice by the Health officer, the owner or person ' having the control of any dog which has, within the preceding ten (10) days, bitten any person or animal shall, upon demand, and in the discretion of the Health Officer, follow one of the following ' procedures: (a) Confine the dog to his own premises; or ' (b) Surrender the dog to the Poundmaster who shall impound and keep the dog at the public pound in a separate kennel for a_ period of not less than ten (_10) _days; or ('c) Surrender the dog to a licensed veterinarian as designated by the Health Officer; or (d) Surrender the dog to the Poundmaster for quarantine at any other location or facility designated and approved ' by the Health Officer. If the dog is quarantined on the premises of the owner,. the Poundmaster may post a quarantine sign, on such premises, and it is unlawful for any person to remove the sign during the term of such; quarantine without the consent of the HealthOfficer. Any quaran- tine provided in this section shall be for a term of not less than ten (10) days unless otherwise specified by the Health Officer. During the period, it shall be the duty of the Health Officer, upon being notified by the Poundmaster that the dog has been impounded, todeterminewhether or not such dog is suffering from any disease. If a duly licensed veterinarian designated by the Health Officer shall determine dog is diseased and, by reason of such disease , is dangerous to persons or to other animals, he shall so notify the Poundmaster in writing, to destroy the dog. A copy of the notice may also be served upon the owner or person having control of the dog. If the veterinarian shall determine that the dog is not so diseased, the Poundmaster shall notify the person owning or having control of the dog at the address from which the dog was 'surrendered to the Poundmaster and shall, upon demand, release the dog to the owner or person lawfully entitled thereto, upon payment of any charges provided therefor, including expenses of quarantine and veterinary care; provided, however, that if no person lawfully entitled to such dog shall within three (3) days after the date of giving, the last mentioned notice, appear at the public pound and request the release of the dog, and pay the charges, the dog may be sold or destroyed by the Poundmaster in the same manner there- inbefore provided. When a dog is ordered to be quarantined on the premises of the 11 ORDINANCE NO. 33 owner, an administrative fee to cover the expense of monitoring ' the quarantine will be charged. 4-1. 215. Violation of quarantine. ' It is unlawful for any person to suffer or permit any dog or cat owned, harbored, or controlled by him to violate any written ' quarantine notice. 4-1. 216. Symptoms of rabies. ' Whenever the owner or person having the custody or possession of an animal shall observe or learn that such animal shows symp- toms of rabies, or acts in a manner which would lead to a reasonable suspicion that it may have rabies, the owner or person having the custody or possession of such animal shall immediately notify the Health Officer. The Health Officer shall make or cause an in- spection or examination of such animal to be made by a licensed veterinarian until the existence or nonexistence of rabies in such animal is established by the veterinarian. Such animal shall be kept isolated in a pound, veterinary hospital , or other adequate facility in a manner approved by the Health Officer and shall not be killed or released for at least ten (10) days after the onset of symptoms suggestive of rabies, after which time the animal may ' be released by the Health Officer, provided the Health Officer has first determined that the animal does not have rabies. If the Health Officer determines that the animal does have rabies, the ' Poundmaster shall destroy the animal at the direction of the Health Officer. The Health Officer, or his duly authorized representative, is authorized and empowered to enter in a manner authorized by law, upon private property where any dog or other animal is kept, or believed by him tobekept, for the purpose of ascertaining whether the, dog or other animal is afflicted or infected with rabies or other contagious disease. ' 4-1. 217 . Dog registration and licenses. Except as provided in Section 4-1. 226 , it is unlawful to owns keep or control any dog unless and except a license has been pro- ' cured therefor ,as herein provided. This section shall have no application to dogs under the age of four (4) months fastened se- curely by-a rope, chain, or leash, or confined within the private ' property of the owner or person having control of the dog. 4-1. 218 . Dog Vaccination required. ' It is unlawful for any person owning, harboring, or having the care, custody, or possession of any dog to keep or maintain such dog in any place in the City, or except as provided in Section 4-1. 219. , unless such dog has been vaccinated as provided herein. This section shall have no application to `dogs under the age of ' 12 ' ORDINANCE NO. 33 four (4) months, who are fastened securely by a rope, chain or leash, ' or confined within the private property of the owner or person hav- ing control of the dog. ' 4-1. 219. No licensing without vaccination. The Department of Animal Regulation shall not license any dog ' until it has been vaccinated with canine rabies vaccine by injec- tion or other method approved by the Health Officer during the time prescribed by State law or the rules and regulations of the State Department of Public Health, unless the owner or person in posses- sion of the same submits a certificate from a licensed veterinarian issued within the preceding sixty days, stating that, in his opinion, the rabies vaccination would be likely to seriously injure the dog. Any dog so excepted from rabies vaccination shall be restricted to the enclosed yard of the owner or person in possession of the same except when held upon a rope, chain, or leash. ' 4-1.220. Vaccination performance The vaccination shall be performed by a duly qualified and licensed veterinarian. The veterinarian vaccinating the dog shall issue to the owner or person in possession of the dog a rabies vaccination tag and a certificate of vaccination, which certificate shall include• (a) The, type ,of vaccine used; i (b) The date of vaccination; (c) Description of dog, including age, breed and color; (d) Serial number of rabies vaccination tag issued to dog; (e) Name and address of dog; (f) Statement that the dog is male, neutered male, female, or spayed female. A copy of this certificate shall be t sent to San Luis Obispo County Department of Animal Regulation. ' _4-1. 221. Registration record. The San Luis Obispo County Department of Animal Regulation ' shall maintain a record in which it shall, upon the application of any person owning or having the custody of any dog in the City, and the payment to it of the license fee hereby prescribed, regis- ter the dog by entering in the record its name (if any) its sex ' and general description, whether it has been spayed or neutered, the name of its owner or custodian, the number of the tag issued there- for, the date of expiration of the rabies vaccine, the date of ' issuance and the amount received for the license fee. 13 ORDINANCE NO. 33 4-1.222 . Dog tags Upon exhibition of the proper evidence of vaccination and payment of the license fee, there shall be delivered to the person ' making such payment a metal tag with the number and year stamped or cut thereon, and the words "DOG TAG - County of San Luis Obispo" stamped thereon, which dog tag shall be securely fastened to a collar or harness which must be worn at all times by the dog for which the tag was issued. If the dog is exempted from vaccination, the dog tag shall have a distinguishing mark as evidence of such fact. This tag, while attached to a dog' s collar or harness, shall be prima facie evidence that the dog for which the tag was issued has been licensed during the calendar year for which the tag was issued, and has been vaccinated. 4-1. 223. Annual registration of dogs. . On January lst of each year, all prior licensing made under the ' provisions of this Chapter shall be cancelled and all tags there- tofore issued shall become null and void and of no effect and all dogs kept or permitted to remain in the City must be again licensed. ' The new license fee shall become due and payable on January lst of each year. 1 4-1. 224 . License fees. All license fees shall be set by Resolution of the City Council; provided, however, that the fees previously set forth by adoption tof the Atascadero Municipal Code shall be applicable until superseded by such Resolution. (a) For licensing each altered dog, male or female, the Poundmaster shall collect and receive a fee , and for licensing each unaltered dog, male or female, he shall ' collect and receive a fee, unless the owner or custodian of the dog chooses to place a deposit for the spaying or neutering of said dog, with the Poundmaster. This de- posit shall be forfeited to the Poundmaster if said operation is not performed by the expiration date of the license issued. (b) The license fee shall be paid by March 8th of each year. After this date a late penalty shall apply and the late license fee shall be twice the pre-penalty fee. (c) Puppies must be Licensed upon reaching the age of four (4) months. A spay-neuter deposit may be placed with the Poundmaster, at which time the lesser fee shall be charged. (d) Any dog brought within the City after March 15th of each year shall be registered within thirty (30) days or these penalties shall attach from date of entry into the City; 14 ORDINANCE NO. 33 provided that any dog which has a valid license from any other county or city within the State of California shall be so registered upon a fee of one-half the established fee. (e) Proration of license fee. Any person acquiring ownership, care or custody of a dog, or having a dog reaching the age of four (4) months between _June 1 December 31, shall pay a license fee of one-half the established fee. 4-1. 225. Lost tag. If the tag issued for any duly registered dog is lost or acci- dentally destroyed during the year it is issued, the owner or ' custodian of such dog, upon making proof to the satisfaction of the Chief Animal Control Officer of its loss or destruction, shall , upon payment of a fee of two ($2) dollars, receive for such dog another tag; whereupon the Chief Animal Control Officer shall enter the number of the tag so issued ,=on ,the register and cancel the tag prev- iously issued for such dog. 4-1. 226. License exceptions. The provisions of this Chapter requiring the licensing of dogs ' shall not apply to: 1 (a) Dogs under the age of four (4) months if fastened securely by a rope, chain, or leash, or confined within the private property of the owner or person having control of the dog; (b) Dogs owned by or in custody or under the control of per- sons who are nonresidents of the City of Atascadero travel- ing through the City or temporarilysojourning therein for a period not exceeding thirty (30) days; I (c) Dogs ht into the City exclusively for the purpose of entering the dogs in any dog show or exhibition, and which e are actually entered in a kept at such show or exhibi- tion (d) Dogs on sale in duly licensed pet shops, or dog kennels; (e) Dogs under the ownership, custody and control of the owner of a dog kennel duly licensed under the provisions of Section 4-1. 114 , or his duly authorized employee or agent when such dogs are removed from such kennel in the bona fide operation thereof for the purpose of exercise or training, provided that any such dog bear an identifi- cation tag attached to its collar, which tag shall set forth the name of the licensed kennel. A dog bearing such identification tag shall be treated in all respects as any other dog in the eventofits escape and subse- quent impoundment. 15 ORDINANCE NO. 33 4-1. 227. License fee exemptions. (a) All seeing eye dogs and all dogs which have served with the armed forces of the United States of America during any period of actual hostilities must be licensed and vaccinated under the provisions of this Chapter but their owner shall be exempt from the license fee as therein imposed, providing adequate evidence can be furnished at such time the license is issued; (b) Dogs used by any governmental agency for the purpose of law enforcement must be licensed and vaccinated under the provisions of this Chapter but their owners shall be exempt from the license fee as herein imposed, providing adequate evidence can be furnished at such time the li- cense is issued; (c) All dogs being raised and trained specifically to perform as a seeing-eye dog must be licensed and vaccinated under the provisions of this Chapter, but their owners shall be exempt from the license fee as therein imposed, providing ' adequate evidence can be furnished at such time the li- cense is issued. ' 4-1. 228. Failure to pay license fee or provide information. It is unlawful for any person owning or having the care, custody or control of any dog in the City, to refuse, fail or neglect to pay the license fee at the time and in the manner herein provided, or to refuse, fail or neglect, to furnish to the Chief Animal Control Officer, the Health Officer, or any of their duly qualified and authorized deputies or employees, the information necessary to prop- erly license the dog. 4-1. 229. Counterfeiting. No person shall imitate or counterfeit such registration tags or rabies vaccination tags It is unlawful for any person to re move any tag from any dog o-t awned----by--imn or not lawfully in his possession or under his control or to place on any dog any such license tag not issued as provided for above for that particular dog for the then current year or to make or to have in his posses- sion or to place on a dog any counterfeit or imitation of any li- cense tag or vaccination tag. ARTICLE 3. Cats ' 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 - 16 ORDINANCE NO. 33 three (3) days unless 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 account 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 Section 4-1. 207 . ' 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 . ; pro- vided 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, unless the cost of spaying or neutering such cat, as determined and promulgated by the Department of Animal Regula- tion, has been deposited with the pound. ARTICLE 4 . Animals, Poultry and Household Pets ' 4-1.401. Animals and poultry at large. No person shall allow or permit animals or poultry, other than household pets, to run at large upon any public street or place , or to trespass upon the property of another. This provision shall not be construed as permitting the running at large of any household pets who are restricted by the provisions of this Chapter, or by any law applicable thereto 4-1.402. Unsanitary conditions. No person shall keep upon any premises, any animals, poultry or household pets in a foul, offensive, obnoxious, filthy or un- sanitary condition. Section 2 . The Cit Clerk shall cause this ordinance to be pub- lished once within fifteen (15) days after its passage in the Atas ' cadero News, a newspaper of general circulation printed, published and circulated in the City in accordance with Section 36933 of the Government Code; shall certify the adoptionofthis 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. 17 - 1 - ' ORDINANCE NO. 33 The foregoing ordinance was introduced on November 10, 1980 ' and adopted at a regular meeting of the Council held on November 24, 1980 AYES Councilmen Highland, Mackey, Nelson, Stover and Mayor 1 Wilkins NOES: None ABSENT: None ROBERT J. WILK S, JR. , Ma r ATTEST: 1 M RRAY . WARDEN, City Clerk APPROVED AS FORM: rae ALLEN GRIMES, City Attorney r 1 r r 1 r r r ' 18 l _I N_D E X_ ' Ordinance No. 33 - Animals Page ' ARTICLE 1. General Provisions 4-1.101 Establishment of public pound . . . . . . . . 1 4-1.102 Contract for animal control services . . 1 4-1.103 Authority of Chief of Police . . . . . . . • 1 4-1.104 Animal Control Officer - Duties . . . 1 4-1.105 Animal Control Officer Citation authority - ' Authority to carry weapons . . . . 2 4-1.106 Badges . . . . . . . . . . . . . 2 4-1.107 Record of poundmaster . . . . • . • •I 2 4-1.108 Reports . . . . . . . • . . • • 2 . . . . 4-1.109 Unnecessary noise . . . . • . . . 2 4-1.110 Abatement of noise or nuisance . . 3 ' 4-1.111 Unlawful disposal of dead animals, dogs, cats, poultry and household pets . . . 3 4-1.112 Disposition of dead animals, dogs, cats, poul- try and household pets . . • • • 3 t 4-1.113 Definitions . . . . . . . 3 4-1.114 Dog Kennels, Pet Shops, Regulations 4 4-1.115 Requirement of Business License - Posting of- ' emergency notices . . . . . • • • • • 5 4-1. 116 Kennel and Pet Shop Permits Refusal, Sus- pension or Revocation Thereof . . . . . 5 4-1. 117 Interference with performance of duties . 6 4-1.118 Violation of Order . . . . . . . • . • 7 4-1.119 Keeping Animals - Limitations . . . . 7 4-1.120 Violation . . . . . . . • . 7 ' ARTICLE 2. Dogs . . . . . . . . . 7 ' 4-1.201 Stray dogs defined . . • • 7 4-1.202 Leash law • • 7 4-1.203 Dut of Poundmaster to seize and impound • • Y stray dogs . . . . . . . . . 8 4-1.204 Dogs running at large . .' . . . . . . 8 4-1.205 Delivery to Poundmaster by private persons 8 4-1.206 Notice of impounding dog . . . • . • • • 8 4-1.207 Redemption of impounded dogs . . . . • 8 4-1.208 Redemption fees . . . 9 4-1.209 Sale, gift, or destruction of dogs . . . 9 4-1. 210 Injured and diseased dogs . . 9 4-1.211 Care of dog while impounded . . . . 10 4-1.212 Vicious and dangerous dogs . . . 10 4-1.213 Biting dogs . . . . . . . . . 10 ' 4-1.214 Impounding of biting dogs . . . . . . . . . 11 4-1.215 Violation of quarantine . . . . . . 12 4-1.216 Symptoms of rabies . . . 12 4-1.217 Dog registration and licenses . 12 4-1.218 Dog - Vaccination required . . . 12 ' INDEX Ordinance No. 33 - Animals ' ARTICLE 2. Dogs (cont. ) Page ' 4-1.219 No licensing without vaccination . . . .. . 13 4-1.220 Vaccination performance . . . . . 13 4-1.221 Registration record . . . . . . . . . 13 4-1.222 Dog tags . . . . . . . . . . . . 14 4-1.223 Annual registration of dogs . . . . 14 4-1.224 License fees . . . . . . . . . . 14 4-.1.225 Lost tag . . . . . . . . . . . . . . 15 4-1.226 License exceptions . . . . . . 15 4-1.227 License fee exemptions . . . . . 16 4-1.228 Failure to pay license fee or provide ' information . . . . o 16 4-1.229 Counterfeiting . . . . . 16 ARTICLE 3. Cats . . . . . . . . . . . o . . 16 4-1.301 Impounding and disposition of stray or abandoned cats . . . 16 ARTICLE 4., Animals, Poultry and Household Pets 17 ' 4-1.401 Animals and poultry at large . . . o . . 17 4-3.402 Unsanitary conditions o . . . . 17 11 II CERTIFICATION I hereby certify that the foregoing is a full, true, ' and correct copy of Ordinance. No. 33 passed by the Atascadero City Council at its regular Council meeting held on November 24 , 1980 MUR Y.L. )ARDEN, City Cie- -r_-Cit/Y of Aeascadero, California