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HomeMy WebLinkAbout0156NORDINANCE NO. 156 (NEW SERIES) AN ORDINANCE REGULATING THE CONTROL OF DOGS DURING THE PRESENCE OF RABIES IN THE CITY OF SAN LUIS OBISPO.,. PROVIDING FOR 1111UNIZA TION AND PRESCRIBING PENALTIES.. BE IT ORDAINED by the Council of the City of San Luis Obispo, as f ollows t SECTION1. DEFINITIONS. For the purpose of this ordinance., and unless otherwise specifically indicated, the following words and terms shall have. the following meanings- "Health officer" shall be taken to mean and shall indicate the health officer of the City of San Luis Obispo, and his authorized representatives. "Public place." shall be taken to mean and shall indicate every public street, road,. alley, park,, square, public building or other public place within the corporate limits of the City of San Luis Obispo. SECTION 2. PROHIBITING DOGS FROM BEING AT LARGE. Whenever, the disease known as rabies or other animal disease of a character dangerous to human beings shall develop in any animal within the City of San Luis Obispo, or be imported into said City, no dog shall be allowed to run, be at large,, or remain on any public place or on any private property other than the property of the owner or custodian of such dog. Whenever the health offices shall make verification of the diagnosis of rabies or other animal disease of a character dangerous to human.beings in any animal within the said City, it shall be the duty of the health officer to serve written notice. on the Chief of Police of said City, of the presence of such disease in the City. It shall thereupon be the duty of the Chief of Police to gather in and promptly destroy all dogs which he may find in any public place or on any property other than the property of the owner or custodian of such dog, and which dogs are unleashed or being held on a leash by a person incapable of con- trolling such dog and also all.dogs- which are not properly muzzled as required by Section 3 of this ordinance. The Chief of Police shall. continue to enforce the provisions of this Section until he shall receive written notice from the health officer that six (6) months have elapsed since the last case of rabies. in said City, or unl.ess otherwise directed by the health officer. SECTION 3. DUTY OF O'WMR OR CUSTODIAN OF DOG IN THR PRESENCE OF RABIES.. '&enever the health officer,. by public announcement published for at least. one day in a daily newspaper published in said City, shall declare that rabies is present in the City of San Luis Obispo,_ no owner or custodian of any dog, shall allow such dog to run, be at large or remain on any public place or on any property other than the property of the owner or custodian of such dog within the City of San Luis Obis:po., unless such dog is on a leash or chain held by a person capable of controlling such dog at all times, and unless such dog shall be properly muzzled with a muzzle approved by the health officer, which muzzle shall be securely fastened around the doges head in such a manner that it will - completely surround the jaws- and nose. of the dog on which it is fastened,. and be so constructed and fitted as to prevent the dog from biting any person or thing, and so as to allow the opening of the mouth of such dog in order that such dog can breath and drink with freedom. SECTION 4... IM IONIZATION AGAINST RABIES, AND Il `UNITY,TAG., Men twenty —eight days have elapsed after the inoculation of a dog against rabies by'a veterinarian approved by the health officer, and within.one year following said inoculation, and on application of the owner or custodian of the dog, the health officer shall issue written certification of immunity of the dog, together with an official immunity tag. Only when staid dog. has fastened to his collar a tag dated under one year previous - will such dog be allowed to be led or kept in public places without being muzzled. This tag is to be fi -rmly suspended from the collar referred_ to in Section 4 of Ordin- ance No.. 117, (New Series),, of the City of San Luis Obispo, and is to be worn in full view at all times. In the event such immunity 2. f tag shall be lost during the year following the date issued, the owner or austodian can obtain a duplicate tag in a manner similar to that provided in Section 7 of said Ordinance No. 117 (_New Series), for obtaining duplicate registration tags -. SECTION 5.. REPORTING ANIMAL BITES. Hereafter.. every person bitten by a dog or other animal, and every physician attending such case, shall immediately report such bite to the health officer. Such report shall states: (ay The name, age and address- of the person bitten;. (b) The date on which he was bitten; (ej The location on his body where tie bite was inflicted; (d) The address. where he was -at the time of being bitten; (ej The sex and breed of the dog ;, (f) The name and address of the owner or custodian of the dog. SECTION 6. AMIMLS BITTEN BY A RABID ANIPtAL. Any dog or other animal known or reasonably suspected by the health officer, to hove been bitten.or otherwise inoculated with rabies by a rabid animal, unless previously inoculated.within a period of eleven months. in accordance with Section 4 of this ordinance, shall be either promptly isolated in an establishment approved by the health officer and there maintained at the expense of the owner of said animal. for a period of six months,, or shall be promptly destroyed. SECTION 7.. ANI1JfALS THAT BITE HUAMN BEINGS TO BE HELD FOR FIVE DAYS._ Any dog or other animal in the City of San Luis Obispo, known or suspected by the health officer of having rabies or other animal disease of a character dangerous to human beings, shall. be promptly isolated in an establishment approved by the health officer and there held at.the expense of the owner of such animal or shall. be promptly destroyed. If after five days the animal that did the biting, is. found to be well,, it shall be released into the custody of the owner thereof, unless otherwise directed by the health officer. SECTION 8. VICIOUS ANM4,LS. Any dog or other animal which is known to have bitten any person or persons on at least three . separate occasions,, shall be declared by the health officer to be 3.. vicious- and the owner thereof,: upon receiving notice, must immediately and permanently remove such animal outside of the corporate limits -of said City,. or promptly destroy such animal. SECTION 9,4" ESTABLISHING OWNERSHIP OF ANIMALS.. Any person keeping or harboring a dog or other animal for fifteen consecutive days, shall be deemed to be the owner thereof, within the meaning of this ordinance; provided, however, that any animal isolated under the provisions of this ordinance shall,. during such isolation* continue to be the property of the person from whose custody it was originally obtained. SECTION 10.. REPEALING CONFLICTING ORDINANCES. this ordinance does not,, and shall no_t be held to repeay6rdinance No. 117 (New Series) of the City of San Luis Obispo. All. other ordinances and parts of ordinances in conflict herewith,_ are hereby repealed... SECTION 1I•. PENALTIES.. Every person who shall violate any provision of this ordinance,, shall be deemed guilty of a misdemeanor and upon conviction thereof,, shall be punished by a fine of not ex- ceeding One Hundred Dollars ($100..00),or be imprisoned in the County Jail not exceeding ninety days,.or by both such fine and imprcasonment. SECTION 12. URGENCY CLAUSE. Due to the presence of rabies within the City of San Luis Obispo, this ordinance is hereby declared to be urgent and immediately necessary for the preservation of the public health and safety and shall take effect and be in f orce/an -M after its final. passage.. INTRODUCED AND PASSED TO PRINT this-15th day of June, 1931, by the following vote: AYES :John Chapek.L.J. Defosset,Joseph B.Berkenlever,H.E Cox L.F.Sinsheiner NOES: None ABSENT: None F. Sinsheimer. ATTEST: City Clerk.. Finally passed this 22nd day of June x19819 by the Following vote: Ayes J.B. Berkemeyer,John Chapek�H.E. Cox,L.J• Defosset�,L•F• Sxnshefiner. Does : none Absent: None ATTEST: City M �,.F inshe flier, ;, ayor