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HomeMy WebLinkAbout1954-11-02; City Council; 3015; Dogs - control, licensing & kennels-1 i: ,. .a- &..- .a ORDIMANCE BO, 3015 AH ORDINANCE PROVIDING FOR THE CONTROL OF DOGS, FOR TI33 LICZNSING OF DOGS AND FOR LICENSING REGULATIONS OF DOG KEmLS. The City Council of the City of Carlsbad does ordain as follows: SECTIOEJ 1. OZDINANCE NO, 1031 (New Serges) OF THE COU"Y OF SU DIEGO ADOPTED BY Rl3FEFO3MCE. the County of San Diego as amended by Ordinance Ordinance No, 1045 (Hew Series), Ordinance Eo, 33.93 (New Series) and Ordinance 30, 1056 (Hew Series), of the County of San Diego, is hereby adopted by reference as Ordinance No. 3015 of the City of Carlsbad; copies of such Ordinance No. lO3l (New Series), of the County of San Ordinance No. 1031 (Mew Series) of lo65 (New Series), Diego as amended, are on file in the office of the City Clerk, which Ordinance No. 103% (Mew Series) as mended is incorporated by refer- ence, and made a part hereof as if fully set forth herein. DEFINITIONS. (a) Board of Su~ervisors, bvherever the wordSrlBoard of Supervi- sors" appears in said Ordinance No, 1031 (New Series) of the County of San Diego as amended, they shall herein be construed to mean the "City Council of the City of Carl~bad'~, (b)whcormrated Territory of the Counts of San DiePo, wherever 2' the words mgbcorporated Territory of the County of 8an Diego" shall appear in said Ordinance No, lo31 (Mew Series) of the County of San Diego as amended, they shall herein be construed to mean the "Incor- porated Territory of the City of Carlsbadlt. (c) County Tax Collector, wherever the words Wounty Tax Collec- tor" shall appear in said Ordinance Mo. 1031 (Mew Series) of the County of San Diego as amended, they shall herein be construed to mean the "City Clerk of the City of Carlsbadtl, (d) Counts Assessor, wherever the iwords "County Assessort1 shall appear in said Ordinance No. SO31 (New Series) of the County of San Diego as amended, they shall herein be construed to mean the "City' Clerk of the City of Carl.sbadll. * (e) DOE Shelter SuDerintendent. Tsjherever the words "Dog Shelter Superintendent If shall appear in said Ordinance No. SO31 (New Series) of the County of San Diego as amended, they shall herein be construed to mean a person or agency who enters into a contract with the City of Carlsbad for the purposes of enforcing and effectuating this Ordinance, (f) County Jail. Wherever the words Vounty Jail" shall appear in said Ordinance No, lO3l (New Series) of the County of San Diego as araended, they shall herein be construed to Mean jail provided by the City of Carlsbad, SECTIOR III,- EFFECTIVZ DATE. This Ordinance shall take effect and be in force from and after the thirty-first (31st) day after its adoption, SECTION IV. PTJBLIC.BTION, The City Clerk of the City of Carlsbad is hereby directed to cause this Ordinance to be published once in the Carlsbad Journal, a newspaper published and of general circulation in the said City of Carlsbad, First read at a regular meeting of the City Council of said City held on the 19tbday of October , 2.954, and finally adopted and ordered published at a meeting of said City CounciLheld on the 2nd day of Hovember , 1954, by the following vote,, to dtr Councilmen Castorena, Ede, Helton, byor IplcClellan. AYES t NAYS : &ne. ABSENT: Councilman Sutton. Mayor of the City of CarLsbad, California, , ATTEST : -2- Q 07 AN ORDINANCE PROVIDING FOR THE COKTROL GF DOGS, FGR CENSING REGULATIi;&S FOR DOG KENTU'ELS . THE LICENSING OF DOGS AND CGNTINJING EXISTIKG LI- The Board of Supervisors of the County of San Diego do ordain as follows: ARTICLE I--DEFINITIOKS Section 1. Section 2. DOC. A canine of either sex, altered or un- Section 3. LICENSE TAG. A piece of metal suitably dated, Section 4. OWNER, Any person, firm,, corporation or 4- For the purposes of this ordinance the fol- lowing terms shall have the following meanings: altered, that has reached the age of four months. - -- inscribed and numbered. L/ association which is the legal owner, the possessor, or the actual custodian of a dog, being upon private property not that of its owner in a state in which either its control or its ownership is in doubt, or running at large. Section 5. STRAY. Zither being &on public property or Section 6. SHELTER. A premise selected by the dog shelter superintendent as a suitable facility for the require- ments of this ordinance. dog shelter d.ivision. Section 7. DOG SHELTER SUPE€iINTGND?NT. The head of the Section 7.1. KEKKEL* Any lot, building, structure, en closure or premises whereupon or wherein are kept seven or more dogs for more than ten days, whether such keeping is for pleasure, profit, breeding, or exhibiting, and including places where dogs are boarded, kept for sale, or kept for hire. [Added by Ord. 1065 (ICs), adopted 4-30-511 Section 7.2. KEIWZL OPERATOR. The person, firm, cor- poration or associati.on which is the legal owner or is ac- tually in control and operation of a kennel. operator shall not ir,clude a veterinarian operating a veter- inary hospital. The term kencel [Added by Ord. 1065 (NS), adopted 4-30-513 -1.- 8-29-52 I e G+d. 1031 (hS) * .ARTICLE I1 - -SHELTERS Section 8. ESTABLISHbBNT OF SHELTERS.:k The Director of Public Tdorks shall establish a dog shelter Division con- Eisting Z&_such personnel and equipment as are provided by the sf 3- shelters throughout thr determine to be necessary far-ce of his duties and the duties of his department under this ordinance, Section 9. AGREEKZNTS.;: For the purpose of executing this ordinance agreements may be negotiated with humane societies, cities and/or individual vetcyJ$ar$3c+s,s-, ,All such agreements shall be referred to the -*+- v for final action. ,The <D$rector shall, with the - .establish as many _. as he shall "b ,? F c 8 F-#& ... approval of the %arc! - #- d 3 5 ,. ""<9 ART1 CLE I I1 - - DGG I; ICENSES Section 10, [Repealed by Ord. 1065 (NS), adopted 4-30-511 Section 11. LICENSZ FLEQUIR incorporated territory of the ply to ad obtain a license fr the 9og Shelter Superintendent or any of his assistants for each dog he owns and for each calendar year or portion thereof during which each dog 5s within such unincorporated territory. [Amended by Ord. 1065 (MS), adopted 4-30-513 Section 12, APPLICATIOK FOR LICEKSZe* A separate ap- plication shall be made for each dog. J&e BppQcation shall be made on the form provided by the Cw (&e"-- J tor, or the Dog Shelte-ent and shall be filed with the designated officer or employee on or before January 31 of each year. If a dog is acquired by the owner or is brought into the unincorporated territory of the County of San Diego or rezches the age of four months after January 1. of any year, the owner shall apply for a license within 31 days thereafter, Section 13, F%E XTH AFPLICATIk.:; At the time of making the application the Owner shall pay a fee of $2.00, except that where the application is properly made on. or after July 1, the fee shall be $1.00. If the application is not made within the specified time, a penalty of :,20.50 shall be added to the fee. t, he -.. Section 14. ISSUAFCE OF LICENSE AND DOG TAG.* Upon the receipt of a properly coinpleted form of application and payment of the prescribed fee, the County Tax Collector, the Dog Shelter Superintendent or his assistant shall issue to the owner a license and a dog tag. The owner shall securely -2- 8-29-51 r i* a. .' . .* affix the dog tag to the dog and shall keep a properly issued tag affixed to each of his dogs at all times. If a tag is lost or damaged, the by making application theref or on the form provided by the a fee of $0.50. 0 Section 15e LICENSE WITHOUT FEE.::: Seeing-eye dogs and dogs which have served with the armed forces of the United States of America during any period of actual hostil- ities must be licensed but their owners shall not be re- quired to pay any fees therefor. BRTICLE IV--LOST OR STRAY DOGS Section 16. DISPOSITION OF LOST OR STRAY DOGS.* Any person finding an unlicensed lost or stray dog may take it into his possession and transport it to the nearest shelter. A11 such dogs shall be held by the Dog Shelter Swerintendent for a period of not less than fonr days and may then, in the discretion of the Superintendent, be destroyed in a humane manner, sold for costs of capture and detention, or trans- ferred to a humane society. If prior to the time of dis- pQsition by the Superintendent, the dogls owner shall apply to the Superintendent for its return, the Superintendent shall return the dog to its owner upon payment by the owner of costs of capture, licensing and detention, which are fixed at q5.00 plus $0.50 per day of detention, Section 17. NOTICE TO OVNER** Any person finding a licensed lost or stray dog may take it into his possession and transport it to the nearest shelter. A11 such dogs shall be held by the Dog Shelter Superintendent for not Less than fourteen days and may then, in the discretion of the Superintendent, be destroyed in a humane manner, sold to any person other than the owner for not less than :,~2.00, or transferred to a humane society. The Superintendent shall immediately upon the receipt of such a dog at his shelter mail to the record owner at the address given on the license apnlication a written notice of the whereabouts of the dog, position of the dog by the Superintendent shall apply to the shelter and pay for the cost of the dogrs detention at the rate of $0.50 per day, the Superintendent shall return the dog to the cwner upon proper identification. [Amended by Ord. 1045 (lis), adopted 2-19-51] If the owner thereafter and before other dis- -3- 8- 29-51. q, 1031 (NS) ARTICLE V--GENERAL CONTROL PROVISIONS Section 18. EPIDEBIICS. Either the County Director of Public Health or the Livestock Inspector may determine and declare that a rabies epidemic or other unusually dangerous health situation exists among dogs in the unincorporated territory of the County of San Diego or in any part thereof. Upon the making of such a declaration the Director of Public Health shall prepare and promulgate, with the approval of the Board of Supervisors, such rules and regulations as are necessary for the conduct of all persons within the area where the dangerous condition exists; and the Livestock Inspector shall prepare and promulgate, with the approval of the Board of Supervisors, such rules and regulations as are necessary for the control of the dogs and other animals within the area where the dangerous condition exists. 'These rules and regulations of either the Director of Public Health or of the .Livestock Inspector may include, but are not limited to, quarantine, vaccination, and destruction of diseased or suspected or stray dogs by humane methods. It shall be the duty of the Department of Public Works, and parti.cuLarly the dog shelter division and the Dog Shelter' Superintendent to comply with all reasonable requests of the Director of hblic Health and the Livestock Inspector in the enforcement of such rules and regulations. shall restrain his dog or dogs from Section 19, RESTRAINT OF DOGS BY O.lJNEdER. Every owner (a) Running at large on public property or running at large on private property not his own without the permission of its owner or possessor. Disturbing the pace by excessive or prolonged barking or by unusual noise at late hours. Denying the public access to or interfering with public use of public thoroughfares, Biting or harassing any person engaged in any lawful act. (b) (c) (d) Every owner shall securely confifie his female dog or dogs while in heat. Section 19.1Q HlJNAfJS TilZ.:IT?'E?PI' CF DOGS. KO owner or any o.ther person shall treat a dog i.n a cruel or inhumane manner or wi.llinp1y or ned.igently cause or permit any do.? to' srxffer unneces- eary torture or pain. KO owner or other person, fl.rm, corporati?n or association shall abandon any dog on or don% any public or .orjvate hiqhway or upon my public or Drivate nroperty. by Grd. 1133 (FS) adoj?ted 5-13-52] sh.eltcr division of the Department of Fublic Works shall [Udded Section 20, FUFCTICI'IS QF DOG SFXLTXR DIVJ$Ti;i~, The dog Rev. 7-2?-52 4- (I) Or& lO3i is) . (a) Enforce the provisions of this ordinance. (b) Receive reports of and investizate con-Aaints of viola- tions of thie ordinance and initiate prosecutions for violat ions. Receive and investiTate reports of rabies, suspected rabies or other dangerous health condi.tioris of dogs, (c) Section 20.1 , CU~QLAIFTS RSGARXKG UNLICEKSED I)CGS , Upon receiving a written statement bearing the signature and address of any resident in the unincorporated territory of the County of San 9ieqo alleging the existence in said territory of an unli- censed dog, the name anddaddress of the owner of which are in- cluded on said statement, the Dog Shelter Superintendent or one of his assistants shall investipate to determine whether or not a violation of the Ordinance exists, If investiqtion discloses the existence of the unlicensed doa and eramination of the records re- veals that no license has been issued to the owner, the DOE Shel- ter Superintendent may issue a formal warnhg to the owner. such written statement shall be kept confidential by the Dog Shel- ter Superintendent, [Added by ird, 1x93 (NS) adopt-ed 5-13-52] Section 21, USE OF SHELTERS FOR OTHSR ANINIALS..:: The Director of Public Works may extend the use of shelters under his control to such other pets and domestic animals as in his opinion the public health and safety require. Any ARTICLE VI--KENEEL LICENSING [Entire article repealed by Ord, 1.048 (LTS) adopted 2-26-51, and later added by Crd. LO65 (E's) ado-jtcd 4-30-511 Section 22. APPLICATIGM FOR KENYEL PERPIT .:;: Every kennel oFerator shall apply to and procure a kennel permit for each calendar year or any portion thereof from the County Tax Collector, the Dog Shelter Superintendent or any of his assistants. Application for such kennel permit shall be made on the form provided by the Cdunty Tax Collector or the Dog Shelter Superintendent and on or before January 31, except that no kennel shall be hereafter established unless the person, firm, corporation or association proposins to act as kennel operator shall first apply to and receive a kennel permit from the Tax Collector. The forc shall show the nme and address of the kennel operator, the location of the kennel, whether the application is f'o~ an original permit or is a renewal of an existing nermSt, a.td such other data as are requested on said form, tAdded by Ord. 1065 (US) adopted 4.- 30-51 I Section 23. PERNIT ARD FEZ.:: Tkze Tax Collector shall issue a kemel permit upon the filing with him by a kennel operator of a properly completed application and upon pay- ment cf a fee of $15, which shall be reduced in equal quarter13 amounts for any application properly made subsequent to the end of any quarter during the calendar year except that the Tax Collector shall not issue an original kennel permit until the Tianning Department has certified that the zoning regu- lations of the County of San Diego permit the maintenance of a kennel at the proposed location or that the applicant has obtained the necessary zoning permit for its operation. rAddd by Grd. 1065 (ES) adopted 4-30-51] Tieve 7-29-52 -5- . Section 24. PTAINTEIWTCE OF ErTPXEL,S .::: The kennel operator shall mai.ntain the kennel at all times in a clean and sani.tary con- diti-op. and shalldrestrain the do~~ therein from loud, frequent, or hab!-tual barking, yelping or howlin.?, vide all animals in the kennel.with adequate shelter, feed and fresh water; all feed shall be stored in covered rat-proof containers pro- tected aminst contamhation, and meat shall be kept refrigerated. All kenzels shall be so constructed and operated as to .safely fine the dogs therein. [Added by Ord. 1065 (NS) adopted 4-30-513 Section 24.1, LICWSZ KCIT RE?UIRZD FOR INDIVIDUAL DOGS,::: A kennel operator shall not be required to obtain the indivl.d.ua1 li- censes imposed by Article TI1 of this ordinance for each dog in his kennel except for any dog which is permitted to run at l’arge off the premises for which the kennel license is obtained. [Added by Ord. ’ 1065 (R3) adopted 4-30-51) The kennel operator shall pro- con- Section 24.2. KENYEL INSPECTIOP TTidICE A YZ:AFi.>I: Each kennel fo; which a kennel permit has been issued shall be inspected by a veter- inarian of the County of San giego at least twice a year. b:r Grd. 1065 (KS) adopted 1,-30-511 [Added ART1 CLE VI1 --E?X\:FOR C3f TI< T X’D ?3I!I’AL PROVISICII: S Section 250 PEFTALTY.,:: Any person, firm, corporation or associ- ation violating any provision of this ordinance shall be guilty of a misdemeanor and shall be punishable by imprisonment in the county jail not exceeding six months or by a fine not exceeding $500, or by both. Section 26. INVSSTIGATION OF SUSPECTED CASES, The County Live- stock Inspector and his deputies, the Director of Public Health and members of his staff, the Dog Shelter Superintendent and his staff, and any peace officer may enter upon privately owned land to investi- ,?ate suspected cases of rabies or other contagious canine diseases, [Amended by Ord. 1193 (W) adopted 5-13-52) Section 27. I’IEPZALS. Ordinance No, 174 and Ordinance No. 273 of the County of San Diego are repealed, Section 28, URGENCY PROVISIOY. This ordinance is declared to an ordinance necessary for the immediate preservation of the public peace, health or safety within the meanin,? of Section 1651 of the Elections Code and shall take effect; immcd-iately except as to tbe prcl, visions for the licensing of dogs. The facts constituting such necc --. sity are as follows: a serious rabies condition now exists in the southern part of the County of San Diego: large bands of stray dog2 roaming through this area increase the pLdlic peril from -6- Rev. 7-29-52 1 F' this disease; large rrumbers of stray dogs in other areas of the County of San Diego offer a ready facility for the spread of this rabies condition to other parts of the County, It is imperative for the safety of dogs, other animals and the residents of the County of San Diego that the personnel, the facilities, and the authority for the control of this condi- tion be made irmediately available, 0 Section 29, ZFFECTIVE DATS OF DOG LIC%KSING AND KENNEL LICENSING PROVISIONS. The provisions of this ordinance re- quirin? and providing for the licensing of dogs shall become effective on March 1, 1951. Applications for dog licenses for the calendar year 1951 shall be made on and after that date and shall be delinquent and subject to genalty on and after June 1, 1951. calendar year 1951 or any part thereof shall be~~2.00 unless the application is properly made on or after July 1, 1951, in which event the provisions of Articlr. I11 shall be oper- ative, The provisions of this ordinance requiring and pro- viding for kennel licensing shall become effective on Yay 1, 1951. Applications for kennel licenses for the calendar year 1951 shall be made on or after that date and prior to July 1, 19510 The kennel license fee for the calendar year 1951 shall be determined in accordance with Section 23 of this ordinance. [Amended by Ord, 1056 (NS) adopted 3-27-51, and Ord, 1065 (YS) adopted 4-30-511 The license fee for each dog for the Section 30, This ordinance shall be published once;k3- fore the expiration of fifteen (15) days after its Fassage, with the names of the members voting for and against the same, in the San Diego Union, a newspaper of general circulation ;,ub- lished in the County of San Diego. PASSED, APFIiOVED AND ADGPTED this 22nd day of January, 19510 +Section titles not in ordinance as adopted. -7- ,. t. SAM DIEGO COUNTY LiWESTOCK DEPARTMENT TO ALL DOG OWNERS: The follawing excerpts from the San Oiego County Code are for the information, all dog owners; compl i ance, and gu i 'hance of RUNNiWG AT LARGE (Sec.62 when such dog is A VlCiWS DOG (Sec.62.60 mure persons whi 601 (9)) means being on property other than owner's not restrained by a substantial leash. (j)) means a dag tbat has bitten or attacked two or e such persons are engaged in a lawful act. POSSESSION OF A VICIOUS DOG (Sec.62.616) is unlawful unless such dog is so restrained, tied, confined, or muzzled that it cannot bite or attack any person or animal. LICENSE REQUtREO (Set.62.606). Every Owner of a dag over 4 months of age within the unincorporated area of the county shall apply to and obtain B license from the County Tax Collector or authorized assistant for each calendar year, $2.00 if application is not made within 30 days of January 1 of each year, A penalty of $5.00 shall be added to the fee of VkCCtNATION (~sc.62.70t). I& shall be unlawful for any dog owner to possess a dog over 4 months of age unless such dog has been vaccinated against rabies with an approved vaccine. with application for a license required in Section 62.606, Proof of vaccination must be presented RESTRAINT OF DOGS BY OWNER (Sec.62.614). _I_ (1) (a) Every owner shall restrain his dog from: Running at large on public property or running at large on private property not his own without the permission of the owner or possessor of the property. lSeing without the confines of the owner's property unless the dog Is restrained by a substantial leash. This provision applies to toned areas only. Denying the public access to or interfering with public use of public thoroughfares. . Cb) (C) (d) (2) Biting or harassing any person engaged in a lawfui act. Every Owner shall securely confine his female dog or dogs in the oestral period within an encJosure in such a manner as to eliminate the congregation of other dogs in the immediate vfcinity of the female, - VlOtATIOMS (Sec.Il.ll6). Any person violatlng any of the provisions or failing to comply with any of the mandatory requirements of this Code shall be guilty of a misdemeanar. LICENSES HAY 8E OBTAINED AT: Tax Collector, Room No.110, Civic Center, San Diego 1, Calif. - BE 9-7711 Spring Walley Animal Shetter, 8661 Jamacha Blvd., Spring Valley - GR 7-2766 North County Animal Shelter, 64.5 Mercantile, Vista, Calif, - PA 4-1195 City Clerk of Del Mar, Calif. and City Clerk of Cartsbad, Calif.