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HomeMy WebLinkAbout1016 -' ORDINANCE NO. 1016 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, PROVIDING FOR THE LICENSING OF DOGS AND FOR THE REGULATION AND IMPOUNDING OF DOGS. AND OTHER ANIMALS, AND REPEALING ORDINANCES NOS. 600, 662, 934 AND 957. -+ THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES DETERMINE AND ORDAIN AS FOLLOWS: SECTION 1. GENERAL PROVISIONS. '1' a. This Ordinance shall be known as, and may be cited and referred to as "The Pound Ordinance." Whenever any reference . . is made to any portion of this ordinance, such reference applies to all amendments and additions thereto now or hereafter made. b. The present tense includes the past and future tenses; and the future, the present. Each gender includes the other two genders. The singular number includes the plural and the plural the singular. c. Whenever a power is granted to, or a duty is imposed upon the poundmaster or other public,officer, the power may be exer- cised or the duty may be performed bya deputy of the officer or by a person authorized by the officer, pursuant to law, unless this ordinance expressly provides otherwise. . SECTION 2. DEFINITIONS. ... Whenever in this ordinance the following terms are used they shall have the meaning ascribed to them in this section unless it is apparent from the context thereof that some other meaning is intended. a. Dog. Any dog of any age, including female as well as male. . b. Impounded. Having been received into the custody of any pound authorized under the provisions of this ordinance. -1- / . J .#. -+ c. Kennel. Any lot, building, structure, enclosure, or premises whereupon or wherein four or more dogs are kept or main- tained for any purpose, including places where dogs are boarded, kept for sale, or kept for hire. d. Person. Includes a firm, partnerShip, corporation, trust, or any association of persons. e. Poundkeeper. Any person or any dUly authorized agent of any such person in charge at any time of any pound. f. Section. A section of this ordinance unless some other ordinance or statute is mentioned. g. Shall and May. "Shall" is mandatory and "May" is per- .... missive. . h. Unlicensed Dog. Any dog for which the license for the current year has not been paid, or any dog to which the tag for the current year provided for in this ordinance is not attached. i. Working Hours. Hours during which the office or place of business of any poundkeeper is open for the business of re- ceiving, impounding, or caring for animals, and does not include any time during which such office or place of business is closed. j. Livestock. As used in this ordinance, "Livestock" includes domestic fowls and rabbits as well as all animals. k. City Poundmaster. The City Poundmaster of the City of Arcadia, or Poundmaster as used herein, shall include any publiC agency, body or individual, or any private agency, body or indi- vidual organized pursuant to Section 10400 of the Corporations Code of the state of California, with whom this City shall have entered into a contract, or shall hereinafter enter into a contract for doing all things necessary and proper under this ordinance. ~ ~ SECTION 3. POUNDMASTER. a. The Poundmaster shall capture and take into custody all: .. (1) Unlicensed dogs; .. -2- .#. (2) Dogs and other animals running at large con- trary to the provisions of the state Agricultural Code or any other state statute or of this ordinance. (3) Sick, injured, stray, unwanted, or abandoned animals; (4) Dogs which are. unvaccinated in violation of this ordinance. ... b. The Poundmaster shall pick up or accept and care for any animal to be held for observation by the County Health Officer. c. The Poundmaster shall place all animals which he takes ... into custody in the City Pound or in such shelters or pounds as shall be designated by proper authorities pursuant to law and the provisions of this ordinance. d. The Poundmaster shall investigate and report to the Chief of Police of the City of Arcadia, or other proper law enforce- ment officer or humane society all instances coming within his knowledge of inhumane treatment or cruelty to animals, and he may furnish shelter for any such animal which has received inhumane treatment. ,'/ ( e ,co ~,J-,1 StCTION 4. LICENSE TAGSj DISPOSITION a. Pursuant to Section 439.01 of the ~MEI'IDED ORD.l'lo, /O.,~ OF FEES AND FINES. California Agricul- .. tural Code, the City Poundmaster shall issue serially numbered metallic dog license tags stamped with the name of the City of Ar- cadia, or the County of Los Angeles, and year of issue and shall collect for each such tag the sum of fifty cents (501) b. The City Poundmaster shall deposit all sums received for dog license tags in a special fund hereby created to be known .. as the Livestock Indemnity Fund. c. Pursuant to Section 439.55 of the California Agricul- tural Code, all fines collected for violations of Chapter 9 of Divi- sion 3 of the California Agricultural Code also shall be deposited .. + -3- ,.. .... in the Livestock Indemnity Fund. d. Every person owning any livestock killed by dogs may file a claim with accompanying affidavits as provided in Section 439.56 of the California Agricultural Code. e. The City Council of the City of Arcadia shall refer every claim filed under this article to the Poundmaster. The Pound- master shall investigate all such claims and shall inform the City Council of the City of Arcadia whether or not, in his opinion, such claims are valid; and, if valid, for what amount. ~. SECTION 5. VACCINATION. a. Every person keeping, harboring or having any dog over four months of age in the City of Arcadia shall cause such dog to be vaccinated with rabies vaccine by a person licensed by the State of California, or other state, to practice veterinary medi- cine, or before the late~of the following dates: (1) One year after vaccination with tissue pheno- lized vaccine; (2) Two years after vaccination with chick embryo ... vaccine; (3) Fifteen days after first acquiring such dog; (4) Fifteen days after the effective date of this ordinance; ... (5) Fifteen days after bringing such dog into the City of Arcadia. b. Every person practicing veterinary medicine in the City of Arcadia who vaccinates a dog with rabies vaccine shall issue to the person to whom he delivers the dog an original and a dupli- cate original of a certificate signed by the said veterinarian which states: ~ (1) The name and address of the owner or harborer of the vaccinated dog; + -+ -4- ~. .. (2) The kind of vaccine used, the name of the manu- facturer and the manufacturer's serial or lot number, and the date of the vaccination; (3) The breed, age, color and sex of the vaccinated dog; (4) The year and serial number of the license tag. c. The Poundmaster, any officer or employee thereof, and -+ any peace officer shall have the right to enter upon any public or private property in the City of Arcadia, except a building designed for or used for residential purposes, for the purpose of examining or capturing any dog thereon or therein. Every person who denies ... or prevents, obstructs, or attempts to deny, prevent, or obstruct, such access is guilty of a misdemeanor. ,.Y!7 tv''''''; 0 5 g SECTION 6. LICENSES. b I a. A person shall not have, harbor AMENDED ORD. No, I 0 ~- f or keep, or cause or - permit to be harbored or kept, any unlicensed dog in the City of Arcadia. Any person keeping or harboring any dog for fifteen (15) consecutive days shall be deemed to be the owner thereof within the .meaning of this ordinance. b. Any license and each dog license tag provided for herein fora dog which has been honorably discharged from the armed forces of the United states and for a dog owned by a blind person, ~. for which some recognized dog training institution certifies that such dog has been successfully trained to lead the blind, shall be of indefinite duration so long as the same individual owns or har- .. bors the same dog. Every other license and dog license tag prOVided for herein shall be annual from July 1 to and including June 30 of the following year. c. The fees provided for herein shall be paid annually in advance to the Poundmaster. The full amount of any such fee is payable for any fraction of a year. .. d. The City.Poundmaster shall procure the number of license ... -5- ~ .. receipts and dog license tags needed each year and shall keep a register wherein shall be entered the name and address of each per- son to whom any dog license tag is issued, the number of such tag and the date of issuance thereof, and a description of the dog for which issued. e. For the purpose of discharging the duties imposed upon him by thi~ ordinance, the Poundmaster, each poundkeeper and ... each person authorized under the provisions of this ordinance to enforce the provisions hereof to take up and impound any unlicensed dog shall enter upon any premises upon which any dog is kept or har- ~ bored or upon which he has reason to believe any dog is kept or har- bored and demand the exhibition by the person, owning or having charge or control of any such dog! of any license or license tag for such dog for the current year provided by this ordinance. Any person upon whom any demand is made under authority of this ordi- nance for the exhibition of any dog license or tag, who fails or refuses to exhibit the same if he has it in his possession, is guilty of a violation of this ordinance and shall be punishable therefor as herein provided. f. The licensing provisions of this ordinance do n~ap- ply to: -' (1) Any dog found within the City of Arcadia when the owner thereof resides in any municipality or unincorporated area within the County of Los Angeles and such dog is wearing or has attached to it a license tag for the current year issued by such municipality or County; (2) Any dog owned by or in charge of any person who ~s a non-resident of the City of Arcadia and is traveling through the City of Arcadia or temporarily sojourning therein for a period of not exceeding thirty (30) days; (3) Any dog brought into the City of Arcadia and ~ept therein for not to exceed thirty (30) days for the exclu- sive purpose of entering the same in any bench show or dog ~ ~ ~ -6- .~ ~ .i - ... ~ ... ~ exhibition or field trials or competition; (4) Any dog b~ought or sent into the City of Ar- cadia from any point outside thereof for the exclusive purpose of receiving veterinary care in any dog hospital, in the event that such dog is kept at all times strictly confined within such hospital. g. The Poundmaster may accept the payment of the fee for a license tag and a license for a dog which has not been vaccinated as required by this ordinance on condition that the owner of such dog, within five days thereafter, have such dog vaccinated and sub- mit the required veterinarian's certificate to the Poundmaster. Upon receipt of such certificate, the Poundmaster shall issue the license tag and license. h. A license for an individual dog shall be in the form of a receipt for the fifty cents (501) paid for the dog license tag and the additional amount, if any, paid for the license. i. Every person owning or having custody or control of a dog over the age of four (4) months which has been honorably dis- charged from the armed forces of the United States, or a dog owned by a blind person, if a certificate is filed with the Poundmaster executed by some recognized dog training institution which certifies that such dog has been successfully trained to lead the blind, for which a dog license tag was not issued prior to the effective date of this ordinance, shall procure a dog license tag and a license, which dog license tag and license shall be good while such dog is owned or harbored by the same person. No fee shall be charged for such li- cense over and above the fifty cents (501) required for the dog li- cense tag. j. Every person owning or having custody or control of any dog or dogs over the age of four (4) months in the City of Arcadia not covered by the provisions of Subsection "i" hereinabove, shall first obtain an annual license from the Poundmaster for each of such dogs and at the same time obtain a dog license tag and for such -7- ... .. license or licenses, in addition to the fifty-cent (501) fee for the dog license tag, shall pay Two dollars and fifty cents ($2.50), a total of Three dollars ($3.00) in all. k. The Poundmaster shall not issue a license unless the applicant exhibits a certificate signed by a veterinarian licensed either by the State of California or by any other state to practice veterinary medicine that: (I) Such dog has been vaccinated with phenolized tissue vaccine less than six months prior to date of applica- tion or the first day of the license period, whichever is later, or ). -' (2) Such dog has been vaccinated with chick embryo vaccine less than eighteen months prior to date of application or the first day of the license period, whichever is later, or, (3) Such dog should not be vaccinated with rabies vaccine because such vaccination would jeopardize the health of such dog due to infirmity or other disability, is shown on the face of the certificate, to the satisfaction of the Pound- master, or shows to the satisfaction of the Poundmaster that such dog is less than four months of age on the date of the ap- plication or first day of the license period, whichever is later. 1. A person who obtains a license without submitting a certificate of vaccination because the dog is less than four months of age shall cause such dog to be vaccinated on or before such dog is four months of age as required by Section 5 of this ordinance and shall submit to the Poundmaster a certificate as described in Sub- section "k" hereinabove. m. When the Poundmaster issues a dog license, he shall show on the receipt the age of the dog, the date of last vaccination and the type of vaccine used as shown on the veterinarian's certifi- cate, or, if the license was issued without proof of vaccination, .- ~ -+ .- -8- ~ -+ the reasons therefor. n. A license tag for an individual dog shall be securely affixed to a collar, harness, or other device which shall at all times be worn by such dog except while such dog remains indoors or in any enclosed yard or pen. o. In case any license tag for an individual dog is lost or destroyed, a duplicate thereof may be procured from the Pound- master upon the subm~sBion to the Poundmaster of such proof as he may require and upon the payment therefor of the sum of twenty- five cents (251). J p. An unauthorized person shall not remove from any dog; any collar or harness or other device to which is attached a license . . tag for the current year or remove such t~g therefrom. q. A person shall not attach to or keep upon, or cause or permit to be attached to or kept upon any dog, any tag provided for in Section 6 of this ordinance, except a tag issued for such dog under the provisions of this ordinance, or attach or keep upon, or cause or permit to be attached to or kept upon, any dog or make or cause or permit to be made, or have in possession, any counterfeit ~ or imitation of any tag provided for in this ordinance. r. The poundmaster at his discretion may accept negotia- ble paper in the payment of any fee, deposit or charge required by this ordinance. The acceptance of negotiable paper constitutes a payment of the fee, deposit or charge when, but not before, the paDer is duly paid. If any negotiable paper is not paid on due pre- sentation for any reason, any record of the payment made on any of- ficial record because of its acceptance shall be cancelled. The payment, deposit or charge for which such negotiable paper was ten- dered shall be deemed not to have been paid, and the permit, tag or license, if any has been issued, shall be deemed not to have been issued. The person to whom any tag has been issued in such case shall return such tag to the Poundmaster. The Poundmaster shall ~ -+ .~ -9- .# . > "" >> ~ + ~ make any memorandum necessary to enable him to make proper cancel- lation on its return without payment. SECTION 7. ANIMALS RUNNING AT LARGE. a. No person owning or having charge, care, custody or control of any dog shall cause, permit, or allow the same to be or to run at large upon any highway, street, lane, alley, court or other public place, or upon any private property or premises other than those of the person owning or having charge, care, custody or control of such dog, in the City of Arcadia, unless such dog be re- strained by a substantial chain or leash not exceeding six (6) feet in length and is in the charge, care, custody or control of a compe- tent person. b. The provisions of this article do not prohibit per- mitting or allowing dogs to run at large on the premises of the owner or person having charge, care, custody or control of such dogs, or prohibit permitting or allowing dogs, other than unspayed female dogs during the copulative season, to run at large on any ranch or undeveloped property, with the permission of the owner of such ranch or undeveloped property, when within a radius of five hundred (500) feet therefrom there shall be situated not to exceed five residential or commercial establishments other than the resi- dence of the person owning or having charge, care, custody or con- trol of such dogs. c. Every person owning or having charge, care, custody or 'control of. any pig, hog, cow, bull, steer, horse, mule, jack, jenny, hinny, sheep, or other stock, who willfully or knowingly per- mits the same to run at large in or upon any cultivated or improved land owned by any person, other than the owner of such animal, or upon any public street, alley, way, parkway, road or other publiC place unless the consent of the owner of such land is first obtained, is guilty of a misdemeanor: d. This ordinance does not prohibit the leading, driving -10- . .or conducting of animals under adequate supervision along a public highway. ~ SECTION 8. IMPOUNDING. a. Any person finding any stray domestic animal or any such animal which is running at large contrary to the provisions of 'this ordinance may take up such animal if he complies with the ap- plicable provisions of this ordinance. b. Any person taking up any stray domestic animal or any such animal found running at large contrary to the provisions of this ordinance shall surrender such animal to the Poundmaster or to his duly authorized representative upon demand. c. The Poundmaster and each poundkeeper shall hold, ad- vertise, sell, and in all other respects treat animals impounded by him as provided in Article 2, Chapter 2, Division 3, of the Cali- fornia Agricultural Code, except that instead of the fees specified fuerein, for each pig, hog, cow, goat, bull, steer, horse, mule, ~ burro, pony, jack, jenny, hinny, sheep or other stock, the Pound- master or poundkeeper, as the case may be, shall charge: (I) The cost of filing and advertising; (2) Ten dollars ($10.00) for a cow, bull, steer, ~ horse, mule, burno, pony, jack, jenny or hinny, and Five dol- lars ($5.00) for any other animal; (3) For each day or fraction thereof except the day of impounding during which the animal is in the pound: (a) One dollar ($1.00) for a cow, bull, steer, horse, mule, burro, pony, jack, jenny or hinny; (b) Fifty cents (501) for any other animal. d. Every person except the Poundmaster or a poundkeeper taking up any stray animal or any such animal which is running at large contrary to the proVisions of this ordinance shall within four hours thereafter give notice to the Poundmaster, Chief of Po- . lice or to duly authorized law enforcement officers of: ~ ~ ~ -ll- ~ (I) The fact that he has such animal in his posses- sion; ~ (2) The complete description of such animal; (3) The license number of such animal, if any, and by what county or municipal corporation issued. If such ani- mal has no license, he shall so state. (4) The place where such animal is confined. ~ e. In case such notice is given to any law enforcement of- ficer, such officer shall immediately notify the Poundmaster and shall furnish him all the information which has been obtained re- garding such animal. ) f. The Poundmaster may deliver to the pound of any cor- poration formed pursuant to Section 10400 of the California Corpora- tions Code, or to the County of Los Angeles Pound, any estray domestic animal. g. If the Poundmaster finds that any dog impounded in the County Pound, or any pound of a corporation formed pursuant to Sec- tion 10400 of the C8lifornia Corporations Code, probably can be sold, or that in order to protect the public health such dog should be vaccinated, he may have such dog vaccinated with chick embryo vac- cine or phenolized tissue vaccine. h. The Poundmaster, each poundkeeper or person or associ- ation in charge of any pound may, upon the impounding of any dog which is not wearing a current license tag, cause to be published in any newspaper circulated within the community wherein such dog was taken up, a notice of the impounding thereof, which notice shall contain a general description of such dog, the date of such taking up and impounding and the address of the pound wherein such dog is being held. If such dog is wearing a current license tag but the records of the Poundmaster do not reveal the correct address of the owner, and the owner's address is'not known, the Poundmaster or such poundkeeper or other person may also advertise as above provided. ... ~ ~ ~- -12- ~ i. Not less than five (5) days after the taking up and impounding of any dog as herein provided, unless it be sooner re- deemed, such person or association in charge of a~ such pound shall destroy such dog or shall dispose of such dog to any person .~ who will pay the reasonable value of such dog, in no case less than Six dollars and fifty cents ($6.50) if the dog has been vacci- nated while in the care of the Poundmaster, otherwise Three dollars and fifty cents ($3.50), and who will procure and pay for the re- quired license for such dog for the current year unless such a li- cense is already issued and in full force and effect. j. The Poundmaster or poundkeeper shall not sell or re- lease any dog unless such dog does not have rabies, and: (l) The purchaser exhibits a certificate signed by a veterinarian licensed either by the State of California or by any other state to practice veterinary medicine that: (a) Such dog has been vaccinated with pheno- Ii zed tissue vaccine less than one year prior to date of release; or (b) Such dog has been vaccinated with chick embryo vaccine less than two years prior to date of re- lease; or, ~ ... ~ (c) Such dog should not be vaccinated with rabies vaccine because such vaccination would jeopardize the health of such dog due to infirmity or other disa- bility, which disability is shown on the face of the cer- tificate; or (2) The Poundmaster has caused such dog to be vac- cinated within the times specified in Subsection (I) of this Section, or (3) Such dog is less than four months of age. k. Each pound authorized to receive and impound dogs under the proviSions of this ordinance shall be kept open to the public for the transaction of business from eight olclock a.m. ~ ~ ~. -13- ... ... until five o'clock p.m. on each day including Saturdays and exclud- ing Sundays and legal holidays. l. Each person having charge of any pound shall keep a record of each dog impounded by him, the date of the impounding thereof, the date and manner of its disposal, and if redeemed, re- claimed or purchased, and the amount of all fees received or col- lected for or because of the impounding, reclaiming or purchasing thereof, together with the number of any license tag exhibited upon the redemption or sale of any such dog. m. A person shall not interfere with, oppose or resist any poundkeeper or other person authorized under the provisions of this ordinance to take up and impound animals while such poundkeeper or other person is engaged in the performance of any act authorized by this ordinance. ~ .. SECTION 9. REQUIRED NOTICE TO OWNER - IMPOUND FEES AND OTHER CHARGES. a. Every poundkeeper with whom any dog wearing a current license tag is impounded pursuant to this ordinance shall, within twelve working hours after receiving such dog, notify either by telephone or postcard with postage fully prepaid thereon, the per- s'on to whom the current license for such dog was issued, of the whereabouts of such dog. If any poundkeeper does not comply with this section, such poundkeeper shall charge no fee of any kind for any board or care of such dog prior to the time when the owner or person to whom the current license for such dog was issued, or other person in charge of such dog, receives actual notice of the whereabouts of such dog. b. Dogs wearing a current license tag impounded pursuant to this ordinance shall not be destroyed or otherwise disposed of unless: -;- + (I) The person to whom the current license for such dog was issued so directs; or -14- .. (2) Five full days have elapsed since such person was notified of his dog's whereabouts by telephone; or (3) Six full days have elapsed since a written notice, either by postcard or letter, postage fully prepaid, addressed to such person at his last known address, and in- forming such person of the whereabouts of his dog, have been deposited in the United states mail. --+ c. Each person or association in charge of any pound provided for herein shall collect and pay into the proper depository the fees specified in this ordinance. ~ d. For taking up and impounding any dog, Three dollars and fifty cents ($3.50); for vaccination of the dog while in the care of the Poundmaster, Three dollars ($3.00); for feeding and .~. . ' c'aring for any such dog, .Twenty-five cents (251) for each day or fraction thereof during which the dog is kept in such pound except the day on which it is impounded, shall be collected. e. For taking up and impounding any cat, One dollar ($1.00), and for feeding and caring for such cat, twenty-five cents (251) for each day or fraction thereof during which such cat is kept in such pound except the day on which it is impounded, shall be col- lected. The impounding fee does not include any cost of feeding or caring for any dog or cat except during the day on which it is impounded, but the fee for such care and feeding may be collected .. for each day except .the day on which it is impounded during which -+ such dog or cat is in the care of such person or association. For giving notice of the impounding of any dog or cat, the actual cost of the publication of any notice published for such dog or cat shall be collected. f. The estimated cost of impounding, feeding and caring l' for rabAits, birds, poultry, fowls, or other animals not otherwise prOVided for in this ordinance shall be collected. g. A charge shall not be collected for any animal which -15- ~ - has been unlawfully taken up and impounded; such animal shall be immediately delivered upon demand to the owner or person entitled to the custody thereof. h. The owner or person entitled to the custody of any animal taken up and impounded under the provisions of this ordinance may at any time before the sale or disposal thereof, as herein pro- vided, redeem such animal by paying to the Poundmaster or pound- keeper the fees and charges prescribed by this ordinance accruing up to the time of such redemption. i. The Poundmaster may employ a private veterinarian whenever he deems it necessary in order to properly care for and maintain any animal, and the cost thereof, not exceeding the amount set forth in the following table, shall be a proper charge: (1) For any dog or cat . $ 5.00 (2) For any large animal (pig, hog, cow, bull, steer, horse, mule, burro, pony, jack, jenny, hinny, sheep, or other stock) $10.00 When a veterinarian's fee has been paid or incurred for the care or treatment of any animal, such animal shall not there- after be redeemed without payment by the owner of such fee, in addi- tion to any and all other fees. j. ~he Poundmaster or poundkeeper shall not release any dog which has been redeemed by the owner unless such dog does not have rabies, and: (1) The owner exhibits a certificate signed by a veterinar!an licensed either by the State of California or by any other state to practice veterinary medicine that: (a) Such dog has been vaccinated with pheno- 1ized tissue vaccine less than one year prior to date of release, or (b) Such dog has been vaccinated with chick embryo vaccine less than two years prior to date of re- ~ ~ ~ ~ -16- ~ lease, or ~ (c) Such dog should not be vaccinated with rabies vaccine because such vaccination would jeopardize the health of such dog due to infirmity or other disa- bility, which disability is shown on the face of the certificate; or (2) The Poundmaster has so vaccinated such dog within the times specified in Subsection (I) of this section, or ~ 0(3) Such dog is less than four months of age. k. If the Poundmaster or poundkeeper suspects that any dog impounded has rabies he shall hold such dog for inspection by and shall notify the County Health Officer. The County Health Of- ficer shall examine such dog, and if he believes such dog should be held for further observation, he shall so inform the Poundmaster or poundkeeper who shall hold such dog as directed. If the County Health Officer finds that such dog is af- flicted with rabies, the poundmaster or poundkeeper shall confine it as directed by the Health Officer. If the County Health Officer finds that such dog does not have rabies the Poundmaster or pound- keeper shall release it or dispose of it as provided in this Section. I. Nothing in this ordina~ce shall be construed to either authorize or require any person to perform or do any act in viola- tion of the California Business and Professions Code or other law or statute. .. + - SECTION 10. OPERATION OF KENNELS. a. It shall be unlawful for any person, firm or corpora- tion to keep more than three (3) dogs, over the age o~ four (4) months, in any place in the City of Arcadia, within two hundred fifty (250) feet of any dwelling, in use or occupied by human beings other than a dwelling in use or occupied by the owner of such dogs. b. It shall be unlawful for any person, firm or corporation -17- ~ to carryon the business, in the City of Arcadia, of keeping dogs for breeding purposes or for the purpose of medical treatment of dogs, or caring for dogs for hire, without first obtaining a permit from the City Council of said City of Arcadia to keep or maintain a kennel and said City Council shall have the right to grant or re- fuse such permit, in its discretion, provided that if said City Council shall grant such permit, said City Council may prescribe ~ such conditions as it may deem necessary or advisable to prevent such business becoming a nuisance. c. It shall be unlawful for any person, firm or corpora- .# tion to keep four or more dogs, over the age of four months each, in said City of Arcadia at anyone place or in any premises in said City of Arcadia, in the charge or control of any person and over two hundred fifty feet from any dwelling, in use or occupied by human beings, other than a dwelling in use or occupied by the owner of such dogs, without first obtaining a permit from said City Coun- cil to keep or maintain a kennel and said City Council may grant or refUse such permit, in its discretion, provided that if such permit is granted, said City Council may prescribe such conditions as it may deem advisable or necessary to prevent the keeping of such dogs . becoming a nuisance. 4 SECTION ll. SEVERABILITY. If any section, subsection, sentence, clause, phrase, or portion of this ordinance, including but not limited to any exemp- tion by the decision of any court of Qompetent jurisdiction is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The Council of the City of Arcadia hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that ~ -18- .~ anyone or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional. SECTION 12. PENALTY. Any person violating any of the provisions of this ordi- nance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not more than Five hundred dollars ($500.00) or by imprisonment in the city jail of the City of ~ .~ Arcadia, California, or in the county jail of the County of Los Angeles, California, as the committing magistrate may direct, for a period of not more than six (6) months, or by both such fine and imprisonment in the discretion of the court. Each separate day or any portion thereof during which any violation of this ordinance occurs or continues shall constitute a separate offense, and upon conviction thereof shall be punishable as herein provided. SECTION 13. 'REPEALS. Ordinance No. 600, entitled "AN ORDINANCE OF THE CITY -l- COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA IMPOSING A LICENSE TAX UPON DOGS AND REGULATING THE RUNNING AT LARGE, LICENSING AND IMPOUND- ING OF DOGS, PROVIDING FOR THE CONTROL AND ERADICATION OF RABIES AND REGULATING THE ESTABLISHMENT AND MAINTENANCE OF KENNELS; AND REPEALING ORDINANCES NOS. 485, 502 AND 581 OF SAID CITY OF ARCADIA", adopted October I, 1946; Ordinances No. 662 and No. 934 amending said Ordinance No. 600; and Ordinance No. 957, entitled "AN ORDINANCE T OF THE CITY OF ARCADIA, CALIFORNIA, PROVIDING FOR THE VACCINATION WITH RABIES VACCINE OF ALL DOGS KEPT, HARBORED OR BROUGHT WITHIN THE CITY OF ARCADIA," adopted July 3, 1956, are hereby repealed. SECTION 14. CERTIFICATION. The City Clerk shall certify to the adoption of this ordinance and prior to the expiration of fifteen (15) days from the passage thereof, shall cause the same to be published once in the -19- \ L_ .. Arcadia Tribune and Arcadia News, a newspaper of general circula- tion, published and circulated in the City of Arcadia, and thirty (30) days from and after the final passage thereof said Ordinance shall take effect and be in force. I HEREB~ CERTIFY that the foregoing Ordinance was adopted adjourned at a regular/meeting of the City Council of the City of Arcadia, held on the 26th day of May , 1958, by the af- firmative vote of at least three Councilmen, to wit: AYES: Councilmen Jacobi, Camphouse, Balser, Reibold and Phillips NOES: None .~ ABSENT: None .~ ~/ ~~~ Y er 0 the y 01 rcadia ..' SIGNED AND APPROVED this 26th day of May , 1958. , ~'~e ~~~~ia ATTEST: ~~/L~~ ~ y er (SEAL) ... T ..... ~ -20-