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HomeMy WebLinkAbout0489ORDINANCE NO. 489 (1970 Series) AN ORDINANCE ESTABLISHING A CITY POUND AND PROVIDING FOR THE REGULATION OF ANIMALS AND REPEALING ARTICLE. IV, CHAPTER 1, PARTS 1 AND 2 OF THE SCAN LUIS OBISPO MUNICIPAL CODE. The Council of the City of San Luis Obispo do ordain as follows: SECTION ONE: Chapter 1, Parts 1 and 2 of Article IV of the San Luis Obispo M11nicipal Code, consisting of Sections 4110 through 4120.8 are hereby repealed. I SECTION TWO: The following sections are hereby adopted as Chapter 1, Parts 1 and 2 of Article IV of the San Luis Obispo Municipal Code to replace the repealed sections: Chapter 1 -Animals Part 1 - General Control Section 4000. Establishment of a Public Pound A Public Pound is hereby provided and the same, and any branches thereof, shall be located and established at such place in the City of San Luis Obispo as shall be fixed from time to time by the City Council. Such Public Pound, or any authorized branches thereof, shall provide suitable buildings and enclosures to adequately keep and safely hold all such Dogs, Animals, Poultry, or Household Pets subject to be impounded by the provisions of this Ordinance. Section 4000.1. Appointment of Poundmaster The office of City Poundmaster is hereby created. , He shall be appointed by and F t serve at the pleasure of the City Council. It shall be the duty of the Poundmaster and his duly authorized Deputies and employees to carry out the provisions of this Ordinance and all applicable statutes of the State of California and shall thereupon have charge of the said Public Pound hereby provided and established. The Poundmaster shall serve for such period of time and shall receive such compensation as shall be established by the City Council. Section 4000.2. Authority as Peace Officers The Poundmaster and any duly authorized deputies; appointed by him shall, as provided in the State of California Civil Code, Section 607F, have the power of arrest in c6nnection with the enforcement of any of the provisions of this Ordinance, and shall have the authority to issue citations as provided in Sections 1250 through 1255 of the San Luis Obispo Niunicipal C ode . Section 4000.3. Badges The Poundmaster 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 Poundmaster, the word "Poundmaster" and in the case of the Deputy Poundmaster, the words, "Deputy Poundmaster, " engraved thereon. Any person. who has not been appointed as pro- vided hereinabove, or whose appointment has been revoked, who shall represent himself to be or shall attempt to act as such Deputy Poundmaster shall be guilty of an infraction. Ordinance .No. 489 (1970 Series) Page 2 Section 4000.4. Record of Poundmaster The Poundmaster shall keep a record of the number, description and disposition of all Dogs, Animals, Poultry 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, Animals, Poultry and Household Pets, the reason for destruction and such additional records as the City Council may from time to time feel necessary, Section 4000. S. Poundmaster --Reports The Poundmaster shall make a monthly report to the City Council, or as often as may be required by the City, of the actions, transactions and operations of the Public Pound. Section 4001. Unnecessary Noise No person shall keep, maintain, or permit on any lot or parcel of land, any Dogs, Animals, Poultry or Household Pets, which by any sound or cry shall disturb the peace and comfort of any neighborhood, or interfere with any person in the reasonable and comfortable enjoyment of life or property. Section 4001.1. Abatement of Noise or Nuisance Whenever it shall be affirmed in writing by three (3) or more persons having separate residences or regularly employed in the neighborhood that any Dog, Animal, Poultry or Household Pet is a habitual nuisance by reason of howling, barking, or other noise, or is in any other manner causing undue annoyance, the Poundmaster, if he finds such nuisance to exist, shall serve notice upon the owner or custodian that such nuisance shall be abated or the animal shall be impounded. If such nuisance and annoyance cannot be successfully abated and the Poundmaster determines it necessary to impound such Dog, Animal, Poultry or Household Pet, he shall not permit the reclaiming or redemption of such to the owner or custodian unless adequate arrangements have been made by the owner or custodian to ensure abatement of the annoyance or nuisance. i Section 4002. Owners Responsibility to Dispose of Dead Animals, Dogs, Poultry and Household ets k shall be unlawful for any owner or person who, having had the possession or control of any animal, Dog, Poultry and Household Pet while alivei to place the body of such Animal, Dog, Poultry, and Household Pet, after its death, or cause to permit it to be placed for to knowingly allow or permit the same 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. Ordinance No. 489 P970-Series) Page 3 Section 4002.1. Disposition of Dead Animals; - ITAt, lJ �wa�A� and Household Pets It shall be the duty of the Poundmaster upon the request of any owner of any dead Animal, Dog, 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, 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 the same in such manner as may be prescribed by the Health Officer. The Poundmaster may charge and collect such fees as have been approved by the City Council for the transportation and disposal of such Animal, Dog, Poultry or Household Pet from the owner or person having had the possession or control of such if same can be ascertained. Section 4003. Definitions The words and phrases defined herein shall have the meanings set forth in this ordinance. Section 4003.1. Dog Kennel Defined A "dog kennel" is hereby defined to be any lot, building, structure, enclosure 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 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 nor to the San Luis Obispo County Humane Society. Section 4003.2. Pet Shop Defined A "pet shop" is hereby defined to be any lot, building, structure, enclosure or pre- mises whereon or wherein is carried on a business of buying and selling or bartering birds, animals or fowl; 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 the San Luis Obispo County Humane Society. Section 4003.3. Cattery Defined "Cattery" means any lot, building, structure, enclosure or premises where six (6) or more cats are kept. Section 4003.4. Aviary Defined "Aviary" means any lot, building, pen, structure, enclosure or premises where a total of six (6) or more birds are kept. i Ordinance No. 489 (1970 Series) Page 4 Section 4004.0. Dog Kennels, Pet Shops, Cattery, Aviaries Regulations ; It shall be unlawfulforany person, firm, corporation or association to erect, establish or maintain any dog kennel, pet shop, cattery; or aviary as defined in this Ordinance without first obtaining a permit from the License Collector. The granting of such permit shall be in the discretion of the Health Officer who shall take into consideration the type of construction to be employed as it relates to sanitation and manner in which the animals, birds or fowl are to be housed, as well as the character of the person, firm, corporation, or association making application and such zoning regulations as may now be in effect or adopted from time to time. Upon approval of the Health Officer, the License Collector, upon the a the p yment of annual established license fee for the privilege of maintaining such dog I:ennels,,l pet shops, catteries, or aviaries shall issue to the applicant a license in such form as he may prescribe. Such annual license shall be for the calendar year or any part thereof during which said dog kennel, pet shop, cattery or aviary shall be maintained, and shall be due and payable in advance on the 1st day f Y July of each year, and shall expire on the 30th dap of June of such year, provided the above mentioned permit has not been revoked. Every person, firm or corporation maintaining a dog kennel, pet shop, cattery r rY aviary shall post a notice in a conspicuous place where it may be seen outside the locked:premises, a notice listing names, addresses and telephone numbers of persons who may be contacted in the event of an emergency. Section 4004.1. Dog .� ICennel Pet Shop, Cattery. Avia ry Permit. Revocation Thereof The permit for the maintenance and operation of a dog kennel, pet shop, cattery or aviary may be revoked at any time for cause when, in the 'opinion of the Health Officer, such dog kennel, pet shop, cattery or aviary is not being properly maintained or operated. Section 4005. Duty of General Public It shall be unlawful for any person to resist, hinder,' molest, or obstruct the Poundmaster or any of his deputies or employees in the exercise of the duties as such Pound -. master. Any person who violates any of the provisions hereof declared to be unlawful, shall ')e guilty of an infraction. Section 4110. Stray Dogs Defined It shall be unlawful for an . y person owning, having interest in, harboring, or having charge, care, control, custody or possession of any dog, .licensed or unlicensed, to allow, cause or permit such dog to be in or on any public road, h.Ighway, street, alley, square, park, school ground or other public place, or in or upon any lot; premises, or property of another. Any dog found running at large in violation of the provisions of any law of the State of California or of the City of San Luis Obispo shall be deemed a stray dog, and for all purposes shall be immediately siezed and in'Pounded. Ordinance No. 489 (1970 Series) Page 5 Section 4111.0. Leash Law It is unlawful for any person to suffer or permit any dog owned, harbored, or'con- trolled 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 area of the City unless such dog is securely leashed and the leash is held continuously in the hand of a responsible person capable of controlling such dog, or unless the dog is securely confined in a vehicle, or unless the dog is at "heel" beside a competent person and obedient to that person's command. . 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 said dogs while on a public street, alley, lane, or place Of whatever nature open to and used by the public in the incorporated area of the City while herding such livestock and as long as said dogs are obedient to the commands of the person controlling their use for this purpose. Section 4111.1. Duty of Poundmaster to Patrol and Enforce Ordinance 1. It shall be the duty of the Poundmaster to patrol the ,,incorporated area of the City from time to time and without notice to the public for the purpose of enforcing the provisions of this Ordinance. Section 4111.2. Duty of poundma ster to Sieze and Impound Stray Dogs It shall be the duty of the Poundmaster to sieze and impound, subject to the provisions of this Ordinance, all stray or unlicensed dogs found within the City of San Luis Obispo, and i1 for that purpose the Poundmaster may go upon private property with or without consent of owner of such property, to enforce this Ordinance, or to collect and impound dogs. . t Section 4111.3. Dogs Running at Large Any dog found trespassing on any private property in the City of San Luis Obispo may be taken up by any person at interest and delivered to the Poundmaster or detained on the property until picked up by the Poundmaster. Section 4111.4.. Delivery to Poundmaster Private Persons Every person taking up any dog under the provisions of this Ordinance and every person finding any lost, strayed or stolen dog shall, within 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 I ' r Poundmaster shall thereupon hold and dispose of such dog in the same manner as though such dog had been found running at large and impounded by him . Section 4112.0. Notice of Impounding Do Within 24 hours AFTER impounding ANY dog properly registered under the provisions of this Ordinance, the Poundmaster shall notify the registered owner of the dog by telephone, mail or orally that such dog is impounded and-that it can be redeemed within U � Ordinance No. 489 (1970 Series) Page 6 three (3) days from the date of such impounding and unless redeemed the dog will be dis- posed of in any manner as provided by this Ordinance. Section 4112. 1. Redemption of Impounded Dolts The Poundmaster shall securely keep any dog impounded for a period of three '(3) days unless the same be sooner reclaimed or redeemed by the owner or person having control thereof. The owner or person entitled to the custody of the dog so impounded may, at any time before the sale or other disposition thereof, during the office hours of the Pound, reclaim or redeem the same by exhibiting to the Poundmaster the license certificate or license tag showing that the license for such dog for the then current year has been paid and by paying the Poundmaster any charges provided for.in accordance with the adopted schedule which has been approved by the City Council. Section 4112.2. Redemption Fees The owner or person entitled to the custody of a dog impounded shall pay the following fees to the Poundmaster before such dog is released: 1. Registration or license fee for then current year unless. such fee has been previously paid and evidence of paid fee adequately exhibited. 2. Impound fee of $5.00 for the first occasion of any dog impounded within a -i calendar year. 3. Impound fee of $10.00 for each subsequent occasion of any dog impounded within a calendar. year. Section 4112.3. Sale, Gift, or Destruction of Dogs'' x At any time after the expiration of said period of three (3) days, the Poundmaster r may, without further notice, and without advertising in any manner, sell, give away or z dispose of in a humane way any dog not reclaimed or redeemed as aforesaid. Provided, however, the Poundmaster may not sell, give away or transfer title to any dog or any other animal to any institution engaged in the diagnosis or treatment of human or animal disease, or in research for the advancement of veterinary, dental; medical, or biologic sciences, or in the testing or diagnosis, improvement or standardization of laboratory specimens, biologic products, pharmaceuticals or drugs. Section 4112.4. Injured and Diseased Dogs t Every dog taken into custody by the Poundmaster which by reason 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 Ordinance. However, if the licensed veterinarian { l F Ordinance No. 489 (1970 Series) Page 7 determines that such 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 said dog. Section 4112.5. 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 establish which shall be approved by the City Council fees/to reflect the costs .incurred for the care of such dogs and may charge these fees 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. Section 4113.0. Vicious and Dangerous Dogs If any dog within the City of San Luis Obispo is determined by the County Health Officer to be vicious or dangerous to the safety of any person or persons, or if any' ,such dog is Iarnown to have bitten an person or Y p persons on at least three separate occasions as evidenced by affidavits furnished to the County Health Officer, the Health Officer shall c notify the owner or person having control of such dog to keep said dog in such manner as the Health Officer shall direct. If it is determined by the County Health Officer that such dog cannot be properly controlled by the owner or person having custody and no further arrange- ments can be made to ensure public safety, then the County Health Officer shall direct the City Poundmaster to destroy such dog. Section 4113.1. Impounding of Biting Dogs Upon written notice by the County 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 County Health Officer, follow one of the F procedures; He shall either i 1. Confine such dog to his own premises; or 2. Surrender such dog to the Poundmaster who shall impound and keep such dog at the public pound in a separate kennel for a period of not less than ten (10) days; or i 3. Surrender such dog to a licensed veterinarian as designated by the County Health Officer; or 4. Surrender the dog to the Poundmaster for quarantine at any other location or facility designated and approved by the County Health Officer. If the dog is quarantined ors the premises of the owner, the Poundmaster may post a qua.ranthie sign on such premises, and it shall be unlawful for any person to remove the sign during the term of such quarantine without the consent of the County Health Officer. Any quarantine provided in this section shall be for a term of not less than ten (10) days unless otherwise specified by the County Health Officer. During the said i Ordinance No, 4(1970 Series) Page 8 period it shall be the duty of the County,IIealth `Officer, upon being notified by the Poundmaster that such dog has been impounded`, to determine whether or not such dog is suffering from any disease. If a duly licensed veterinarian designated by the County Health Officer shall determine that such dog is diseased and by reason of such disease is dan;erous to persons or to other animals, he shall so notify the Poundmaster in writing, to destroy such dog. A copy of said notice may also be served upon the owner or person having control of such dog, if said veterinarian shall determine that such dog is not so diseased, and if the license required for such dog shall have been duly paid for the then current year, the Poundmaster shall notify by mail the person to whom the license for such dog was issued and at the address from which the dog was surrendered to the Poundmaster and shall, Upon demand, release such dog to the owner or, person lawfully entitled thereto, n accda n�e wit the ;schedule approve upon payment of any charges provided therefore, including texpenses 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 said last mentioned notice, appear at the public pound and request the release of such dog, and pay said charges, such dog maybe sold or destroyed by the Poundmaster in the same manner hereinbefore provided. Section 4114.0. Symptoms of Rabies } Whenever the owner or person haying the custody or possession of an animal shall observe or learn that such animal shows symptoms of rabies, or acts in a manner which would lead to a reasonable suspicion that it may have rabies, such owner or person having the custody or possession of such animal shall immediately notify the County Health Officer. The County Health Officer shall make or cause an inspection or examination of such animal to be made by a licensed veterinarian until the existence or non - existence of rabies'in such animal is established by such veterinarian. Such animal shall be kept isolated in a ound P , veterinary hospital, or other adequate facility in a manner approved by the County 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 such animal may be released by the County Health Officer. The County Health Officer, or his duly authorized representative, is hereby authorized and empowered to enter upon private property where any dog or other animal is ;cept, or believed by him to be kept, for the purpose of ascertaining whether such dog or other animal is afflicted or infected with rabies or other contagious disease. Section 4115, 0. Dog Registration and Licenses Except as provided in Section 4116 hereof, it shall' be ur lawful to own, keep or control any dog unless and except a license has been procured therefor as herein provided. =L% 0ixl iancc No. 489 (1)70 Series) 1'�ZLe 9 Section 4115.1. Dogs -- Vaccination Required It shall be 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 Corporate Limits of the City of San Luis Obispo, unless such dog has been vaccinated as provided herein. This section shall have no application to dogs under the age of four (4) months, who are fastened securely by a rope, chain or leash, or confined within the private property of the owner or person having control of said dog. Section 4115.2. No Licensing; Without Vaccination The License Collector or Poundmaster shall not license any dog until it has been vaccinated with canine rabies vaccine by injection or other method approved by the County Health Officer during the time prescribed by State Law or.the Pules and Regulations of the State Department of Public Health, unless the owner or person in possession of the same submits a certificate from a licensed veterinarian issued within the preceding. sixty..(60) 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. Any violation thereof by the owner or person in possession of such dog shall be unlawful. Section 4115.3. Vaccination Performance r Said vaccination shall be performed by a duly qualified and licensed veterinarian. 5 Said veterinarian vaccinating said dog shall issue to the owner or person in possession of said dog a rabies vaccination tag and a certificate of vaccination, which certificate shall include: (a) The type of vaccine used; (b) The date of vaccination; (c) Description of dog; (d) Serial number of rabies vaccination tag issued to dog; (e) Name and address of owner of dog; (f) Statement that dog is male, female or spayed ferhale. A copy of this certificate shall be sent to the County "Health Officer. Section 4115.4. Registration I'ecord The License Collector and Poundmaster shall annually maintain a record in which he hall, upon the application of any person owning or having the custody of any dog in the orporate Limits of the City of San Luis Obispo, and the payment to him of the registration fee hereby prescribed, register such dog by entering in the record its name (if any), its sex and general description, the name of its owner or custodian, the number of the tag issued therefor, the date and the amount received for registration fee. Ordinance No. 459 (1970 Series) Page 10 Section 4115.5. Dop TafYs Upon exhibition of the proper certificate 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 'FAG -CITY 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. Said tag, while attached to a dog's collar or harness, shall be prima facie evidence that the dog for which the same was issued has been licensed during the calendar year for which said tag was issued, and has been vaccinated. Section 4115.6. Annual Registration of Dogs On the first day of January of each year, all prior registrations made under the pro- visions of this Ordinance shall be cancelled and all to s theretofore issued shall become and be thereafter void and of no effect and all dogs kept or permitted to remain in the City must be again registered. Section 4115.7. Registration and License Fee (a) For registering each male dog and each spayed female dog or bitch, the License Collector or Poundmaster shall collect and receive a fee ',of three ($3.00) dollars, and for registering each unaltered female dog or open bitch, he shall collect and receive a fee of four ($4.00) dollars. (b) A penalty of fifty (50 ) cents J per month shall be added for each month commencing I larch 1 of each year for late registration of any dog required to be registered pursuant to this Ordinance. (c) Registration fees for young puppies must be paid within two (2) months after said Puppies reach the age of four (4) months or the above penalties shall attach. (d) Any dog brought within the City after March 1 'of each year shall be registered within thirty (30) days or said penalties shall attach from date of entry into City. i (e) All registration fees collected after March 1 of each year shall include the penalty for late registration unless the dog owner signs a statement under penalty of perjury stating the date the puppy became of age or the date said dog was brought into the City. (f) At least once a month the City License Collector shall furnish a record iof licenses issued by said License Collector to the Poundrilaster in order that the Poundmaster may maintain a record of all licenses issued in the City. for the current year. (g) At least once a month the Poundmaster shall furnish a record of licenses issued by said Poundmaster to the City License Collector in order that the City License Collector may maintain a record of all licenses issued in the City for the current year. Ordinance No. 459 (1970 Series) Page 11 (h) All registration fees, fees for duplicate taSrs and penalties levied that are collected shall be accounted for and deposited in the City .Treasury. Section 4115.8. Lost Tag If the tag issued for any duly registered dog be lost or accidentally destroyed during the year it is issued, the owner or custodian of such dog, upon making proof to the satisfaction of the License Collector or Poundmaster of its loss or destruction, shall, upon payment of a fee of one (y 1.00) dollar, receive for such dog another tag; whereupon the License Collector or Poundmaster shall enter the number of the tag so issued on the register and cancel the tag previously issued for such dog. Section 4116.0. License Exceptions The provisions of this Ordinance requiring the licensing of dogs shall not apply to: (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 said dog; `t - (b) Dogs owned by or in custody or under the control of persons who are non - residents of the City of San Luis Cbispo travelling through said City or temporarily sojourning therein for a period not exceeding thirty (30) days; (c) Dogs duly licensed with the current license of "an incorporated City within the County of San Luis Obispo or the County of San Luis Obispo; (d) Dogs brought into said City exclusively for the purpose of entering the same in any dog show or exhibition, and which are actually entered in and kept at such show or • A exhibition; (e) Dogs under the treatment in the custody or control of animal hospitals; (fl Dogs on sale in duly licensed pet shops, nor dogs owned, kept or controlled by any person, firm or corporation having a permit to keep and maintain a dog kennel, provided that such dogs are kept enclosed within such pet shop or dog kennel; (g) Dogs under the ownership, custody and control of the owner of a dog kennel duly licensed under the provisions of this Ordinance, or his duly authorized employee or agent when such dogs are removed from such kennel in the bonafide operation 5 thereof for the purpose of exercise or training, provided that any such dog bear an identification 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 event of its' escape and subsequent impoundment. Ordinance No. 489 (1970 Series) Page 12 Section 4116.1. 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 Ordinance, but their owners shall be exempt from the license fee imposed by this Ordinance 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 Ordinance, but their owners ' shall be exempt from the license fee imposed by this Ordinance providing adequate evidence can be furnished at such time the license is issued; (c) All dogs being raised and trained specifically for the purpose to perform as a Seeing -Eye dog must be licensed and vaccinated under the provisions of this Ordinance, but r their owners shall be exempt from the license fee imposed by this Ordinance providing adequate evidence can be furnished at such time the license is issued. .t Section 4117.0. Failure to Furnish Information Any person owning or having the care, custody or control of any dog in the City of San Luis Obispo who willfully refuses, fails or neglects to furnish to the License Collector, Poundmaster, Health Officer, or any of their duly qualified and authorized deputies or employees, the information necessary to properly license such dog, or who shall resist, hinder or prevent the Poundmaster, Health Officer or any: of their duly authorized deputies or employees in the exercise of their duties or who fails, ineglects or refuses to pay the license fee at the time and in the manner herein provided; or who violates any of the Provisions hereof declared to be unlawful, shall be guilty of an infraction. c Section 4118.0. Counterfeitin No person shall imitate or counterfeit such registration tags or rabies vaccination tags. Section 4119.0. Im CATS and Disposition of Stray or Abandoned Cats It shall be the duty of the Poundmaster to receive and impound all cats desired to be abandoned by their owners, or receive and impound all stray cats believed to have been abandoned by their owners. The Poundmaster shall provide proper care and attention, food and water, for all cats received and impounded and shall keep such cats for a period of three (3) days unless the same be sooner reclaimed or redeemed by the owner or person' having control thereof. Such redemption may be made by paying to the Poundmaster any charges as per adopted schedule approved by the City Council, imposed thereon/ At any time after the expiration of said period of three (3) days; the Poundmaster may, without notice and without advertising in any manner, sell, give away, or i i M Ordinance No. _(1970 Series) Page 13 dispose of such cats. Provided, however, the Poundmaster may not sell, give away, or transfer title to any cats for any purposes as set forth in Section 4112.3 of this Ordhiance. Part 2 - Domestic Animals, Poultry and Household Pets Section 4120. Definitions (a) Animals Whenever the word "Animals" is used herein it includes horses, ponies, ;mules, jacks, jennies, cows, bulls, calves, heifers, sheep, goats, swine, rabbits and all other domestic or domesticated animals other than household pets. (b) Poultry Whenever the term "Poultry" is used it includes pigeons, ducks, geese, turkeys, chickens and all other domestic or domesticated fowl other than household pets. (c) Household Pets Whenever the term "Household Pets" is referred to herein it includes cats, dogs, canaries, parrots and other kindred animals and birds usually and ordinarily kept as household pets. Section 4120.1. Animals and Poultry at Lame 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 any other ordinances of this City or by any law applicable thereto. Section 4120.2. Unsanitary Conditions No person shall keep upon any premises, any animals, poultry or household pets in a foul, offensive, obnoxious, filthy or unsanitary condition. Section 4120.3. Impounding of Animals and Poultry All animals and poultry if found running at large 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 shall be impounded by the Poundmaster and provided with proper care and attention, food and water. The Poundmaster shall keep all animals and E t poultry for a period of three (3) days unless the same be sooner reclaimed or redeemed by F the owner or person having control thereof. Such redemption by the owner or person having control thereof, shall be made by signing an affidavit, under penalty of perjury, declaring ownership, or by exhibiting proof of ownership i-to the satisfaction of the Pound- in accorda-`nce with a schedule to be approved by the .-master and a in to the Poundmaster any charges mposed thereon/ ponsuch Cty uncil by paying � g � redemption being made, the Poundmaster shall release such animals and oul p try provided, however, that in all cases any char -es provided for :keeping such animals and poultry must be paid. Ordinance No. 489 (1970 Series) Page 14 Section 4120.4. Disposition of Impounded Animals and Poultry At any time after the expiration of said 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 manner, any animals or poultry not reclaimed or redeemed as aforesaid. Provided, however, the Poundmaster may not 'sell, give away, or transfer title to any animals or poultry for any of the purposes as set forth in Section 4112.3 of this Ordinance. Section 4120.5. Limitations (a) Poultry and Rab_jits No person shall keep upon any premises in the City any poultry or rabbits: (1) 'Within fifty (50) feet of any dwelling, or (2) If more than five (5) in all of any such rabbits or poultry are kept, within seventy -five (75) feet of any dwelling. i No person shall keep upon any premises in the City'more than twenty -five (25) such rabbits or poultry, except by special permit of the Council first had and obtained, or keep any rooster of crowing age within one hundred (100) feet of any dwelling. This provision limiting the maximum number of rabbits or poultry shall not be retroactive or effective as to rab bit or poultry ranches or processing plants actuall y in operation on the effective date of this Ordinance. The owners or persons in charge of such rabbits or; poultry kept in the City shall provide suitable houses or cotes with board or cement floors in each and every house and cote and said houses, cotes or pens shall at all times be kept clean. (b) Swine, Hogs, Pigs No person shall keep upon any premises in the City any swine, hog or pig, whatso- ever. (c) Other Animals No person shall keep upon any premises in the City any other animals as defined in this Ordinance: (1) On any lot containing less than 20, 000 square feet, or (2) In any corral, barn or other enclosure which would permit said animals within seventy -five (75) feet of any duelling. (3) If staked, within 100 feet of any dwellin'. No person shall tie, stake, or pasture, or permit the tying, staking or pasturing, of any animal upon any private property in the City without 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 any such private ert No ro p p y. person shall permit any such animal to be or remain during the night time secured by a stake` or secured in any manner other than Cardin ;_i!wc N6. 489 (1970 Series) by cnclosing suc11 ;iniinal. in a pelf. co.r:ra.l, or barn suffic'icnt and adegi.iate to restrain such animal. All such animals shal.L be provided with adequate food, water and shelter 'or protection from the weather. All fences or enclosures used for the above purposes must be of such material and main- tained in such manner as humane for the safety and protection of such animals. The provisions of this Section shall not be deemed to apply to any public educational institutic Section 4120.6. Bees, Prohibited in Ci No person, firm or corporation shall keep bees within the corporate limits of the City of San Luis Obispo - provided that nothing herein contained shall be deemed to apply to the keeping of bees for the purpose of study and observation in a hive or box, which is situated and kept within a school building. Section 4120.7. Breeding in City Prohibited No owner of, and every person in possession or in� charge of, any animal shall breed or permit the breeding of such animal within the City. SECTION THREE: If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the re- maining portions hereof. The Council hereby declares that it would have passed this Ordinance and each section, subsection, sentence, phrase or clause hereof, irrespective of the fact that any of or more sections, subsections, sentences, phrases or clauses are unconstitutional'. SECTION FOUR: This Ordinance, together with the ayes and noes, shall be published once in full, at least three days prior to its final passage, in the Telegram - Tribune, a newspaper Published and circulated in said City, and the same slialf go into effect immediately after such final passage. The urgency nature of this ordinance is due to the fact that a portion of the pro- visions are revenue measures and to the fact that there are increasing numbers of loose dogs attacking small domestic animals in the City of San Luis Obispo so that more stringent controls are needed immediately to preserve public peace, health and safety and minimize economic losses to the owners of livestock in the vicinity of the city boundaries. INTRODUCED AND PASSED TO PRINT by the Council of the City of San Luis Obispo at a Regular Meeting held thereof on the 1st day of June, 1970 on motion of Councilman Blake, i seconded by Councilman Spring, and on the following r. oll call vote: AYES: Councilmen Blake, Graham, Miller, Spring and Mayor Schwartz NOES: None ABSENT: None ATTEST: City Clerk FINALLY PASSED this 20th day of July , 19 70 , by the following roll call vote: i AYES: Emmons Blake, Myron Graham, Arthur F. Spring, Donald Q. Miller, Kenneth-E. Schwartz. NOES: None ABSENT: None ATTEST: