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5226FOLLOWS: L ORDINANCE NO. 5226 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING CHAPTER 8.08 OF TITLE 8 OF THE ANAHEIM MUNICIPAL CODE PERTAINING TO ANIMAL CONTROL, WELFARE, AND LICENSE REQUIREMENTS. THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS SECTION 1. That Section 8.08.010 of Chapter 8.08 of Title 8 be, and it is hereby, amended by adding a new definition to Subsection .010 to read as follows: "(q) Senior citizen: Any person who is 65 years of age or older." SECTION 2. That Subsections .030 and .070 of Section 8.08.020 of Chapter 8.08 of Title 8 be, and the same are hereby, amended in their entirety to read as follows: ".030 License Fees The fee for the dog license shall be established by resolution of the City Council and shall indicate the license fee for unaltered and altered dogs. A dog shall be considered altered if the spaying or neutering is verified by a certificate from a licensed veterinarian. A separate fee may be established by resolution of the City Council for dogs owned by senior citizens, provided, however, that such separate fee shall be applicable to no more than one animal per household." ".070 License Period The term of any dog license issued hereunder shall commence on the date of the issuance of the license and shall terminate twelve (12) months from said date. Notwithstanding the term set forth hereinabove, the license period shall not exceed the rabies inoculation period indicated on a valid rabies vaccination certificate acceptable to the California Department of Health. 1 Dog licenses shall be renewed upon expiration. When a license is renewed after the expiration date, the new license period shall begin on the expiration date of the previous period." SECTION 3. That Section 8.08.060 of Chapter 8.08 of Title 8 of the Anaheim Municipal Code be, and the same is hereby, amended by adding thereto Subsection .035 to read as follows: 11.035 Inspections The City of Anaheim's License Collector, Code Enforcement Manager, Orange County Health Officer and Orange County Animal Control Director and their authorized representatives shall have the right to enter the commercial establishment during regular business hours for the purpose of making reasonable inspections of animals and the premises where animals are kept to observe and enforce compliance with applicable laws and regulations including, without limitation, the provisions of this chapter. Refusal to permit a reasonable inspection during regular business hours shall constitute grounds for the revocation of the existing permit or denial of issuance or renewal of a permit pursuant to this section." SECTION 4. That Section 8.08.070 of Chapter 8.08 of Title 8 of the Anaheim Municipal Code be amended by adding thereto Subsection .025 to read as follows: ".025 Inspections The City of Anaheim's License Collector, Code Enforcement Manager, Orange County Health Officer and Orange County Animal Control Director and their authorized representatives shall have the right to enter the private establishment during regular business hours for the purpose of making reasonable inspections of animals and the premises where animals are kept to observe and enforce compliance with applicable laws and regulations including, without limitation, the provisions of this chapter. Refusal to permit a reasonable inspection during regular business hours shall constitute grounds for the revocation of the existing permit or denial of issuance or renewal of a permit pursuant to this section." 2 SECTION 5. That Chapter 8.08 of Title 8 Code be and the same is hereby, amended Sections 8.08.140 and 8.08.150 to read "8.08.140 Refunds of the Anaheim Municipal by adding thereto as follows: .010 Any tax, or penalties thereon, or portion thereof, paid pursuant to this chapter shall be refunded, if they were: (a) Paid more than once; or (b) Erroneously or illegally collected. .020 Notwithstanding any other provision contained in this chapter to the contrary, any person tendering payment of any tax or penalties to the City pursuant to any provision of this chapter shall for all purposes thereafter be precluded and barred from appealing, contesting or otherwise challenging the validity or amount of any such tax or penalties, or seeking refund of all or any portion thereof, pursuant to any otherwise available procedure set forth in this Chapter, or otherwise available by law unless said payment is made under written protest to the City. Said written protest shall be deemed made for purposes of this section only by one of the following methods: (1) a written notation set forth on the check, draft, money order, or other negotiable instrument by which payment is tendered, indicating that such payment is made under protest: or (2) a written notice addressed and delivered to the License Collector at the time of payment indicating that such payment is made under protest." 118.08.150 Claim For Refund No lawsuit seeking to recover fees paid under protest and denied pursuant to the administrative appeal provisions of 8.08.120 shall be filed except after filing a claim thereof pursuant to applicable claims requirements." SECTION 6• That Chapter 8.08 of Title 8 of the Anaheim Municipal Code be, and the same is hereby, amended by adding thereto Section 8.08.160 to read as follows: 3 6 "8.08.160 Delinquent Tax Payment Notwithstanding any other provision hereof, any person who fails to pay any animal license or permit fee imposed by this chapter within 30 days of said expiration shall pay a penalty in an amount established by resolution of the City Council. The penalty shall be added by the License Collector on the first day immediately following the due date thereof. When the expiration date falls on a Saturday, Sunday, or a state or national holiday, payment of the animal license fee may be made without penalty on the first working day following said due date. For the purpose of this chapter, postmarks shall be accepted as the date of payment made, provided the transmitting envelope contains a United States Postal Service postage cancellation bearing a date not later than the due date." SECTION 7. SEVERABILITY The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence or word of this ordinance of the Code, hereby adopted, be declared for any reason to be invalid, it is the intent of the Council that it would have passed all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid. SECTION 8. SAVINGS CLAUSE Neither the adoption of this ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty or the penal provisions applicable to any violation thereof. The provisions of this ordinance, insofar as they are substantially the same as ordinance provisions previously adopted by the City relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. 4 it THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim this 4th day of June , 1991. MAYOR OF THE CITY OF ANAHEIM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM ROF:lm I:\DOCS\ORDERS\O40ANIML 5 i STATE OF CALIFORNIA } COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance No. 5226 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 21st day of May, 1991, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 4th day of June, 1991, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Simpson, Daly, Pickler and Hunter NOES: COUNCIL MEMBERS: Ehrle ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5226 on the 5th day of June, 1991. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 5th day of June, 1991. CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Ordinance No. 5226 and was published once in the Anaheim Bulletin on the 14th day of June, 1991. CITY CLERK OF THE CITY OF ANAHEIM