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
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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
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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
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�,.F inshe flier, ;, ayor