HomeMy WebLinkAbout473 - Dog License Fees•
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ORDINANCE NO. 473
The qty of Newport Beach, by
and through its qty Council,
does ordain as follows:
Section 1. That a license tax is
hereby levied on all dogs over the
age of three months owned, har-
bored or kept in the city of New-
port Beach, at the rate of One
Dollar ($1.00) for each male,
neuter, or spayed female dog,
and Two Dollars ($2.00) for each
female dog, per fiscal. year from
July let to July 1st, payable in
advance for the whole year or any
fraction of such year. Such license
tax shall be deemed a debt due
the City of Newport Beach and
can be collected by the Chief of
Police in the name of the City,
as any debt is collected under the
general laws.
Section 2. That it shall be the
duty of the Chief of Police to
collect the licenses as provided
in Section 1, and when so collected
shall deliver to the person paying
the license a metal tag which
shall be stamped with the fiscal
year for which it is issued and
numbered, such tag must be
attached to the dog for which it
is issued. The Chief of Police
shall keep a record of the license
fees collected and tags delivered,
and a brief description of the dog
for which it is issued, and the
name of the owner thereof.
Section 3. That provided, how-
ever, the above license tax shall
not apply to any dogs kept or
maintained in any dog kennel
having more than two dogs over
the age of three months, or less
than eleven dogs, shall pay a tax
of fifteen dollars ($15.00) a year.
Any kennel having more than
eleven dogs over the age of three
onths shall pay a tax of thirty
dollars ($30.00) a year. The loca-
tio� of such kennel shall be only
on the approval of the planning
commission or the City Council of
the City of Newport Beach.
Section 4. It shall be unlawful
fo: any person having the care,
charge or control of any dog, to
permit or allow said dog to be at
large, from the 15th day of June
to and including the 15th day of
September, of each year hereafter
commencing with the year 1938,
upon any beach, street, alley, park
or public place in said city, unless
such dog is securely held by a
leash or chain not exceeding six
feet in length, and any such dog
may be ordered muzzled by the
Chief of Police or any public of-
ficer or ordered removed from
such beach, street, alley, park or
other public place.
Section 5. It shall be the duty
of the Chief of Police at all times
to impound all untagged dogs
found running at large on the
streets, alleys, parks, benches or
other public places in said city,
and it shall further be his duty
to impound all dogs found running
at large on the streets, alleys,
beaches or other public places, be-
tween the 15th day of June and
the 15th day of September, both
dates inclusive, commencing with
the year 1938. If a dog is picked
up which is properly tagged, the
Chief of Police shall at once give
notice either personally or by post-
card to the owner of such dog,
that such dog 1s impounded. If
such dog is not properly tagged,
written notice that such dog is
impounded shall be posted by
posting a notice thereof on the
bulletin board in the City Hall.
Such notice shall contain a brief
description of such dog and shall
contain a statement to the effect
that if such dog is not redeemed
and the license paid, if such license
is due, within three days, such dog
will be destroyed or sold and it
shall be the duty of said Chief
of Police to destroy or sell all
dogs which are not redeemed as
herein provided, within three days
after notice shall be given or
posted as aforesaid. The Chief of
Police must feed and water such
dogs during the three days that
the same. are impounded.
Section 6. ..In order to redeem
any dog impounded it shall be
necessary to pay to the Chief of
Police $1.00 for redemption there-
of, and 50c per day for keeping
and feeding the same. -
Section 7. The cost-of the tags
necessary in order to carry out
the provisions of this ordinance,
shall be paid for out of the general
fund of said city. The tags shall
be obtained by the Chief of Police
and the bills for same presented
to the City Council and paid in the
usual manner. The actual cost of
feeding or destroying such dogs
shall be paid by the City Council
on bills presented in the usual
manner if not otherwise provided
for.
Section 8. It shall be the duty
of the Chief of Police to carry
out diligently the provisions of
this ordinance to the end that all
unlicensed dogs in said city shall
be licensed as herein provided,
and all dogs found running at
large shall be impounded
Section 9. It shall be the duty
of the Chief of Police and all
rolice officers, upon receiving an
affidavit from any person who
has been bitten by a dog, or from
any person who has witnessed
such occurrence, to notify the
owner, possessor or custodian of
such dog, in writing, to keep such
dog at all times on the - property
or premises where such owner,
possessor or custodian resides, or
on the property or premises of any
person to whom the custody of
Duch dog may be given, and to post
a notice conspicuously on such
premises bearing the words "Be-
ware of Dog" in letters at least
one and one -half inches high, and
to securely hold said dog or
cause said dog to be securely held
by a leash or other devise or
means, so as to prevent said
dog from wandering, straying or
getting beyond the control of its
custodian.
After the receipt by the owner,
possessor or custodian of such
dog, of the notice provided for in
this section, said owner, possessor
or custodian shall, at : all times
thereafter, keep such dog or cause
such dog to be kept, on the prop-
erty or premises where such owner,
possessor or custodian resides, or
on the property or premises where
the person resides to whom the
custody of such dog has been given,
and post a notice conspicuously
on such premises, bearing the
words "Beware of Dog" in'letters
at least one and one -half inches
high, or such owner; possessor or
custodian shall securely hold said
dog, or cause said dog to be
securely held by a leash or other
devise or means, to prevent said
dog from wandering, straying or
getting beyond the control of said
owner, possessor or custodian, and
if such dog is found roaming at
large or out of control of person
having charge of same, it may be
summarily destroyed by any police
officer.
Section 10. The Chief of Police
or person in charge of said pound,
shall not give, sell or cause to be
given, any live animal in his care,
for the purpose of vivisection or
experimental purposes.
Section 11. It shall be unlawful
for any person not the owner
thereof, without the consent of
the owner thereof, to hold or re-
tain possession of any animal for
a longer period than twenty -four
hours, unless such person shall
have reported the same with true
description thereof, name and
address of person holding or having
possession of the same, to the
person in charge of the City
Pound, to be impounded
Section 12. It shall be unlawful
for any person to attach any cur-
rent license tag to any dog, which
tag was not issued to said dog,
or to remove a tag from any dog
the property of another, or to
counterfeit or imitate a dog tag,
or attach a counterfeit of imita-
tion tag to any dog...
Section 13. It shall be unlaw-
ful for any person owning, having
charge, care or control of any dog,
to allow the same to run at large
within the City of Newport Beach.
When comnlamt has been made
by two or more people or any
peace officer that any dog is a
nuisance, such dog may be de-
clared by the Chief of Police to
be a public nuisance and notice
Of such declaration shall be
delivered to, the person having
charge or control of such dog, and
thereafter such dog shall be secure-
ly tied, kept in in enclosure,.or on
leash, and may be desti•oved by
any police officer or the Pound -
master, if running at large.
Section 14. -.Any person violating
an) of the provisions of this ordi-
nance shall be guilty of a mis-
d-Imeanor and upon conviction
thereof, shall be punished by a
fine not exceeding one hundred
dollars ( $100.00) or by imprisonment
in the County Jail of Orange County
or the City Jail of the City of New-
port Beach, not exceeding thirty
(30) days, or by both such fine and
imprisonment, and in the event of
a failure to pay any fine so levied,
the same may be collected by hn-
prizonment in the County Jail of
Orange County or the City Jail of
Newport Beach, at the rate of one
(1) day for each two dollars of
the fine.
Section 15. All moneys collected
under the terms of this ordinance
shall be paid into the General Fund
of the City of Newport Beach.
Section 16. All ordinances or
tarts of ordinances in conflict with
this ordinance, are hereby repealed.
Section 17. The City Clerk of
the City of Newport Beach shall
cause this ordinance to be pub-
lished once in NEWPORT NEWS,
a newspaper of general circulation,
printed, published and . generally
circulated in the City of Newport
Peach and shall take effect and
be in force thirty days after its
passage.
The above and foregoing ordi-
nance was introduced at an
adjourned regular meeting of the
City Council of the City of New-
port Beach held on the 16th day
of May, 1938, and was .finally
passed and adopted on the 9th day
of June, 1938, by said City Council
at an adjourned regular meeting
thereof. by the following vote,
to -wit:
AYES, Councilmen: Gordon,
Whitson, Brown, Williamson.
NOES, Councilmen: None.
ABSENT, Councilmen: Claire.
The foregoing ordinance is
signed and approved by me this
9th day of June, 1938.
HARRY H. WILLIAMSON,
Mayor of the City of
Newport Beach
ATTEST:
FRANK L. RINEHART,
City Clerk
( SEAL)
(Pub. June 14, 1938)