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2249ORDINANCE NO. 2249 -M AN ORDINANCE OF THE CITY OF ANAHEIM AMEND- ING TITLE 8 OF THE ANAHEIM MUNICIPAL CODE BY REVOKING THEREOF CHAPTER 8.08 CONSISTING OF SECTIONS 8.08.010 THROUGH 8.08.360, AND BY ADDING THERETO CHAPTER 8.08 CONSISTING OF SECTIONS 8.08.010 THROUGH 8.08.140, REGU- LATING DOGS AND OTHER DOMESTIC ANIMALS WITHIN THE CITY OF ANAHEIM. THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. That Title 8 of the Anaheim Municipal Code be, and the same is hereby, amended by revoking thereof Chapter 8.08 entitled "Dogs and Other Domestic Animals" consisting of Sections 8.08.010 through 8.08.360, and by adding thereto Chapter 8.08 consisting of Sections 8.08.010 through 8.08.140, reading as follows: "CHAPTER 8.08 - DOGS AND OTHER DOMESTIC ANIMALS "SECTION 8.08.010 ADMINISTRATION (a) RESPONSIBILITY FOR ADMINISTRATION OF THIS CHAPTER. The County Poundmaster, who shall be appointed by the County Veterinary Officer subject to the approval of the County Health Officer and the Board of Supervisors, is hereby designated Poundmaster of the City of Anaheim pursuant to an agreement entered into between the City of Anaheim and the County of Orange for animal control, and is charged with the administration of this Chapter. (b) THE PROMULGATION OF RULES AND REGULATIONS. The Poundmaster with the approval of the County Veterinary Officer and the Board of Supervisors may promulgate any necessary administrative rules and regulations for the ad- ministration of this Chapter. (c) PERSON CHARGED WITH ENFORCEMENT. The Poundmaster, his deputies, all peace officers, veterinary inspectors, the County Health Officer and the County Veteri- nary Officer of the County of Orange are hereby empowered and it shall be their duty to enforce every provision of this Chapter and any statute of the State of California relating to animals, unless otherwise provided by law. Poundmaster means the person charged by this Chapter with the administration and enforcement of provisions hereof, together with the deputies of such persons; such person or each of his deputies may be referred to and designated by the title 'Animal Control Officer.' Wherever the word 'Poundmaster' is used in this Chapter it shall be construed as synonymous with the words 'Animal Control Officer.' No person shall interfere with, oppose, or resist the Poundmaster or other authorized person charged with the en- forcement of this Chapter while such Poundmaster or other person is engaged in the performance of his duties. -1- "SECTION 8.08.020 REMOVAL OF ANIMALS FROM ANIMAL CONTROL SHELTER. "No person shall remove any impounded animal from`the County Animal Shelter without consent of the Poundmaster. "SECTION 8.08.030 ANNUAL DOG LICENSE. (a) Every owner, keeper or harborer within the City of Anaheim of a dog four months of age or older having custody of any dog for 15 days or longer shall pay annually a dog license fee, and fix upon said dog an Orange County dog license. Each license tax shall be paid annually to the Poundmaster and shall be due and payable in advance on January 2 of each year and shall expire on December 31 of the same year. The full amount shall be paid for any frac- tion of the licensing year. The foregoing license fee shall not apply to any dog while kept or maintained exclusively within a commercial kennel, as hereinafter in this Chapter defined. Upon collection of the dog license fee by the Poundmaster or his assistant, a dated receipt stating the name of the owner, address, dog tag number, description of dog, date on which rabies vaccination expires shall be issued along with an Orange County dog license tag stamped with a serial number, year and county of issuance. (b) Every owner and harborer of a dog shall attach the official tag to the collar or harness of the licensed dog and said tag shall be worn at all times. The original dog license receipt and rabies vaccination certificate shall be retained by the owner or harborer for inspection by any person charged with the enforcement of this Chapter. (c) No dog may be licensed without proof of rabies vaccination as otherwise provided in this Chapter. (d) No unauthorized person shall remove from any dog any collar, harness or other device to which is attached a license or remove such tag from any dog. (e) No person shall make use of, or have in his posses- sion or under his control, a stolen, counterfeit or forged dog license receipt, dog license tag, rabies vaccination certificate, anti -rabies inoculation deferment form or other forms issued in accordance with this Chapter. (f) No person shall attach any license tag to any other than the dog for which such tag was originally issued. (g) No dog license is transferable. (h) Any veterinary hospital operated only for the pur- pose of rendering veterinary treatment by a licensed veter- inarian shall be exempt from payment of all license provisions under this statute. (This section may be cited as Section 41.023 of the Orange County Code which is a counterpart hereof.) -2- "SECTION 8.08.040 ANNUAL KENNEL LICENSE. (a) Any lot, building, structure, enclosure, or premi- ses wherein or whereon four or more dogs four months or older are kept or maintained for the commercial boarding or breed- ing of dogs which has a commercial license is a kennel for the purposes of this Chapter. (b) No person shall operate a kennel without obtaining an annual kennel license issued in his name from the Pound - master after payment of a kennel license fee as prescribed by this Chapter. (c) At any time that there are more dogs than the kennel permit allows, the person operating such kennel must obtain a new license permitting the keeping of the greater number of dogs. The former license shall be cancelled and a credit for the cancelled license fee shall be allowed on the new kennel license issued. (This section may be cited as Section 41.024 of the Orange County Code which is a counterpart hereof.) "SECTION 8.08.050 FEE SCHEDULE FOR SERVICES AT COUNTY ANIMAL SHELTER. "The following charges shall be made at the County Animal Shelter for services performed: (a) Daily Care and Feed (1) Large Animal . . . . . . . . . . .$ 1.00 (horses, cows and animals of similar size) -3- (2) Medium Animal . . . . . *75 (goats, sheep, pigs and animals of simi- lar size) (3) Dogs, Cats and Miscellaneous Smaller .50 Animals . . . . . . . . . . . . . . . (b) Vaccination Charge for dogs, Chick Embryo Rabies Vaccination . . . . . . 3.00 (c) Placement Fee (1 Dogs . . . . . . . . . . . . . . . . . 5.00 (2� Cats and other animals subject to placement . . . . 2.00 (d) Annual License Fee for dogs . . . . . . . . 4.00 (e) Re -issue Fee for Lost Dog License Tag . . . .50 (f) Annual Fee for Kennel License (1) Four to Nine Dogs . . . . . . . . . . . 10.00 (2) Ten to Nineteen Dogs . . . . . . . . . 20.00 (3) Twenty or more Dogs . . . . . . . . . . 30.00 -3- (g) Impound Fees for Animals Picked Up in the City of Anaheim. (1) Large Animal . . . . . . . . $10.00 (horses, cows, etc.) (2) Medium -Animals . . . . . . . . . 5.00 (goats, sheep, pigs, etc.) (3 Dogs . . . . . . . . . . . . . . .. . 3.00 (4 Cats . . . . . . . . . . . . . . . 1.00 (5 Miscellaneous Animals . . . . . . . . . 1.00 (h) Veterinary Care (for impounded animals) (1) Dogs, cats or other small animals, (2) per treatment .. Medium or large animals, per . . . . . . treatment 5.00 10.00 "SECTION 8.08.060 RABIES VACCINATION OF DOGS. (a) Every person owning or harboring a dog for fifteen or more days when the dog is four months old or older, must have such dog rabies vaccinated by a licensed veterinarian with a vaccine approved by the County Veterinary Officer at intervals of not more than two years when Chick Embryo Rabies Vaccine is used and not more than one year when Phenolized Tissue Vaccine is used. (b) Every veterinarian after vaccinating any dog shall issue a rabies vaccination certificate on a form approved by the County Veterinary Officer. (c) Dogs that are ill may be deferred from rabies vaccination by obtaining anti -rabies inoculation deferment from a licensed veterinarian and approved by the County Vet- erinary Officer. Old age shall not be a ground for deferment from rabies vaccination. (d) No person who owns or harbors any dog shall fail or refuse to exhibit his copy of the rabies vaccination form or anti -rabies inoculation deferment form upon demand of any person charged with the enforcement of this Chapter. (This section may be cited as Section 41.026 of the Orange County Code which is a counterpart hereof.) "SECTION 8.08.070 CONFINEMENT OR RESTRAINT. (a) No person owning or having charge of any dog shall permit the same to run at large upon any public street, alley, public park, school grounds, or any other place within the City of Anaheim except as otherwise provided by this Chapter, unless such dog be restrained by a substantial leash not to exceed six (6) feet in length and is in the charge of a person competent to restrain such dog. No person owning or having charge of any dog shall permit the same to trespass or be upon any private property of any person without the consent of or to the annoyance of such person. (b) The provisions of this Section do not prohibit allowing dogs to run at large on the premises of the owner or person having charge of such dog or prohibit permitting -4- n dogs, other than unspayed female dogs during breeding season, to run at large on any other property with permission of the owner of such property; provided that there are not within a radius of five hundred feet therefrom, more than five resi- dential or commercial establishments other than the residence of the person owning or having charge of such dog. (c) Any dog permitted to run at large or be upon the public streets, alleys, or on any public property in the City, not under the control of some person, and any dog trespassing or being upon private property of another person without the consent of or to the annoyance of such person, is hereby declared to be a nuisance and any such dog found to be running at large or being upon any public street, alley or public place within the City or upon private property, contrary to the provisions of this Section, may be impounded by the Poundmaster and disposed of under the provisions of this Chapter. "SECTION 8.08.080 REPORTING BITES OR SCRATCHES. "Any person having knowledge of any bite or scratch of a person by an animal of a species subject to rabies shall immediately report said bite or scratch to the Orange County Health Officer, the County Veterinary Officer or the Pound - master. "SECTION 8.08.090 QUARANTINE OF ANIMALS. (a) All persons authorized in this Chapter to enforce this Chapter are hereby empowered to enter upon any private property where any dog or other animal is kept, or strayed, which dog or animal is alleged to have bitten any person, to inspect and to seize and impound any such dog or animal for a period of fourteen days and may, in lieu of impounding the same, require the owner of such dog or animal, by a notice in writing served upon such owner, to quarantine the said dog or animal for such period. Quarantine means the isolation of the said animal in a substantial enclosure so that the animal cannot be subject to contact with other animals or unauthorized persons. (b) No person shall remove from any place of isolation or quarantine any animal which has been isolated or quaran- tined as authorized and provided by this Chapter without the consent of the County Veterinary Officer. (This section may be cited as Section 41.029 of the Orange County Code which is a counterpart hereof.) "SECTION 8.08.100 DISPOSAL OF DEAD ANIMALS. "The Poundmaster shall be responsible for and dispose of all dead animals found in the City of Anaheim whose ownership cannot be established. "SECTION 8.08.110 DISPOSITION OF IMPOUNDED ANIMALS. (a) Any licensed impounded dog may be redeemed by the owner upon payment of the impound fee, care and feeding -5- charges, veterinary charges, and proof of vaccination. The Poundmaster shall immediately give notice to the owner of the licensed impounded dog at the address upon the license tag of such dog. If the dog is not redeemed within five days, the animal shall be deemed abandoned, and the Poundmaster may sell, release or destroy said animal. (b) Any unlicensed impounded dog may be redeemed upon payment of the license fee, impound fee, care and feeding charges, veterinary charges, and proof of rabies vaccination. Upon impounding an unlicensed dog, the Poundmaster shall immediately give notice to the owner, if known, of the impounding of such dog. If such dog is not redeemed within three days, the animal shall be deemed abandoned and the Poundmaster may sell, dispose of, or destroy said animal. (c) Any impounded and unredeemed dog not suffering from any infectious or communicable disease may be sold upon payment of a placement fee, rabies vaccination fee and dog license fee. (d) Except as otherwise provided by State law, any other animal which has not been redeemed within three days shall be deemed abandoned, and may be sold upon payment of a placement fee. (e) Upon payment of the impound fee, any impounded unredeemed and unsold animal which would normally have been destroyed as prescribed by this Chapter, may be released by the Orange County Animal Shelter to an agency approved by the California State Department of Health, the Orange County Health Officer and the Orange County Veterinary Officer to obtain animals and perform medical research. (f) Any impounded, unredeemed or unsold animal may be disposed of by euthanasia in accordance with State and County laws. (g) Any livestock impounded in the Orange County Ani- mal Shelter shall be released to the State of California and shall be redeemed from the State in accordance with the laws of the State of California governing sales of strays, except as otherwise indicated in this Chapter. "SECTION 8.08.120 VICIOUS DOGS. "No person shall permit any dog which has bitten a person or animal without provocation or which has a disposition or propensity to attack or bite any person or animal with- out provocation to be at large, and any owner or harborer of such a dog shall keep posted in a conspicuous place at or near the entrance to the premises where said dog is kept, a sign having letters at least two inches in height 'Beware of Vicious Dog.' (This section may be cited as Section 41.0212 of the Orange County Code which is a counterpart hereof.) "SECTION 8.08.130 NOISY ANIMALS A NUISANCE. "It is hereby declared to be a nuisance and it shall be unlaw- ful to keep, maintain or permit on any lot or parcel of land, any animals or household pets which by any sound or cry shall disturb the peace and comfort of any neighborhood, or inter- fere with any person in the reasonable and comfortable enjoyment of life or property. "SECTION 8.08.140 MAXIMUM NUMBER OF DOGS TO BE KEPT NEAR DWELLING OF ANOTHER. "No person shall keep more than three dogs, over the age of four months each, in any place in the City, except a kennel or animal hospital duly authorized for operation under this Code, within two hundred fifty feet of any dwelling house in use or occupied by human beings, other than the dwelling house belonging to the owner of such dogs. Should any dis- pute arise as to the age of any dogs, the person owning or harboring the same shall produce documentary evidence to prove the dog to be under the age of four months and, failing so to do, the dog shall be presumed to be more than four months old." SECTION 2. The City Clerk shall certify to the passage of this ordinance and shall cause the same to be printed once within fifteen (15) days after its adoption, in the Anaheim Bulletin, a newspaper of general circulation, printed, published and circulated in said City, and thirty (30) days from and after its final passage it shall take effect and be in full force. THE FOREGOING ORDINANCE is approved and signed by me this 23rd day of February , 1966. ATTEST: 6TY CLERK OF THE CITY OF ANAHEIM -7- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) -I, DENS M. WILLIAMS, City Clerk of the City of'Anaheim, do hereby certify that the foregoing -Ordinance No. 2249 was - introduced at a regular meeting of the City Council of the'City of Anaheim held on the 15th day of February, 1966, and that the same was duly passed and adopted.at a regular meeting of said City Council held on the 23rd day`of February, 1966, by the following vote of the members thereof: AYES: COUNCILMEN: -Dutton, Schutte, Chandler and Pebley NOES: COUNCILMEN: -None ABSENT: COUNCILMEN: Krein Pro Tem AND I FURTHER CERTIFY that the Mayor/of the City of Anaheim approved and signed said Ordinance No. 2249 on the 23rd day of February, 1966. IN WITNESS WHEREOF, I have hereunto set.my hand and affixed the official seal of the City of Anaheim; -this 23rd day of February, 1966. 1 CI Y CLERK OF THE CITY OF ANAHEIM (SEAL) I, DENS M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance is the origi"n'al Ordinance No. 2249 and was published once in the Anaheim Bulletin on the 4th day of March, 1966. 4" } CITY CLERK