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HomeMy WebLinkAbout473 - Dog License Fees• u • 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)