5226FOLLOWS:
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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.
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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."
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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:
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"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.
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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
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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