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Home My WebLink About1630 ORDINANCE NO. 1630 AN ORDINANCE OF THE CITY OF ARCADIA AMENDING ARCADIA MUNICIPAL CODE SECTIONS 4112.1, 4113.5, 4124.2.2, 4124.2.5, 4124.4, 4124.4.2 AND 4133.6, AND REPEALING SECTION 4124.4.1, CHANGING ANIMAL CONTROL OFFICE HOURS, . INSPECTION PROCEDURE, LICENSE FEES, VETERINARIAN FEES, AND LIVESTOCK FUND CLAIM PROCEDURE. THE CITY COUNCIL OF THE CITY OF ARCADIA DOES ORDAIN AS FOLLOWS: SECTION 1. Section 4ll2.1 of the Arcadia Municipal Code is hereby amended to read as follows: "4112.1. OFFICE HOURS. Each animal shelter authorized to receive and impound dogs under .the provisions of this Part shall be kept open to the public for the transaction of business from 10:00 A.M. until 7:00 P.M. on each day of .the week other than Sa turdays, Sundays and hol idays. . On Saturdays and Sundays, the shelter shall be open to the public from 8:00 A.M. to 5:00 P.M." SECTION 2. Section 4113.5 of the Arcadia Municipal Code is hereby amended to read as follows: "4113.5. RIGHT OF ENTRY. The Poundmaster, any officer or employee thereof or other duly designated representative of the County, and any police officer shall have the right to make an inspection to enforce the provisions of this Part or other applic- able law by entering into any building or upon any property within the City of Arcadia when said person has reasonable cause to believe that there exists in any building or upon any property any violation of the provisions of this Part or other applicable law; provided that: (a) If such building or property be occupied, he shall first present proper credentials to the occupant and request entry explaining his reasons therefor; and if such building or property be unoccupied, he shall first make a reasonable effort to locate the owner thereof or other persons having authority over the building or property and request entry explaining his reasons therefor. - 1 - 1630 (b) If entry intG said building or upon said property be refused, the Poundmaster, any offi.cer or employee thereof or other duly designated representative of the County, and any police officer shall obtain an inspection warrant pursuant to the provisions of the Code of Civil Procedure (Sections 1822.50- 1822,57), for the entry and inspection of said building or said property. (c) Notwiths~tanding the foregoing, if the Poundmaster, any officer or employee thereof, or other duly designated representa- tive of the County, and any police officer has reasonable cause to believe that the keeping or the maintaining of any animal is hazardous, unsafe or dangerous as to require immediate inspection to safeguard the animal or the public health or safety, he shall have the right to immediately enter and inspect such building or property, and may use any reasonable means required to effect such entry and make such inspection, whether such building or property be occupied or unoccupied and whether or not permission to inspect has been obtained. If the building or property be occupied, he shall first present proper cred~ntials to the occupant and request entry explaining his reasons therefor. This Section shall not prohibit the Poundmaster, any officer or employee thereof, and any police officer from entering upon any public or private property in the City of Arcadia for the purpose of capturing an animal running at large in violation of this Part or other applicable law. Any person who denies or prevents, ob- structs, or attempts to deny, prevent, or obstruct said capture is guilty of a misdemeanor." SECTION 3. Sect ion 4124.2.2 of the Arcadia Municipal Code is hereby amended to read as follows: "4124.2.2. DOG LICENSES. FEES. Every person 'owning or having custody or control of any dog over the age of four (4) months in the City not covered by the provisions of Section 4124.2.3 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 license or licenses, in addition to the One Dollar ($1.00) fee for the dog license tag, shall pay Fourteen Dollars ($14,OO), a total of Fifteen Dollars ($15.00) in all. 1630 - 2 - SECTION 4. Section 4124.2.5 of the Arcadia Municipal Code is hereby amended to read as follows: "4124.2.5. SPAYED OR NEUTERED DOGS. REDUCTION IN LICENSE TAG FEE. If a certificate from a licensed veterinarian is pre- sented that the dog has been spayed or neutered, pursuant to Section 30804.5 of the Food and Agricultural Code, a person owning such dog shall obtain a dog license tag and pay a fee of One Dollar ($1. 00) therefore, and in addi tion thereto obtain an annual license and pay a fee of Four Dollars ($4.00) therefore, a total of Five Dollars ($5.00) in all." SECTION 5. Section 4124.4 of the Arcadia Municipal Code is hereby amended to read as follows: "4124.4. LIVESTOCK INDEMNITY FUND. Pursuant to Section '30652 of the Food and Agricultural Code, the City Poundmaster shall deposit all sums received for dog license tags and all fines collected for violations of Division 14 of the Food and Agricultural Code into a special fund hereby created to be known as the Live- stock Indemnity Fund, the monies of which fund shall be used: (a) First, to pay fees for the issuance of dog license tags. (b) Second, to pay fees, salaries, costs, expenses, or any or all of them for the enforcement of Division 14 of the Food and Agricultural Code and this Part. (c) Third, to pay damages to owners of livestock killed by dogs. (d) Fourth, to pay costs of any hospitalization or emergency care of animals pursuant to Section 597f of the Penal Code." .SECTION 6. Section 4124.4.1 of the Arcadia Municipal Code is hereby repealed. - 3 - 1630 SECTION 7. Section 4124.4.2 of the Arcadia Municipal Code is hereby amended to read as follows: "4124.4.2. LIVESTOCK CLAIMS. Any person owning any livestock killed by dogs may file a claim and accompanying affidavits as provided in Sections 30653 and 30654 of the Agri cuI tural Code, with the City Clerk. "Livestock" as used i~ this Section includes domestic fowl and rabbits as well as animals." SECTION 8. Section 4133.6 of the Arcadia Municipal Code is hereby amended to read as follows: "4133.6. SAME. VETERINARY COST. 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 City charge: For any dog or cat. . , . . . $20.00 For any large animal (pig, hog, cow, goat, bull, steer, horse, mule, burro, pony, jack, jenny, hinny, sheep, or other stock) . . $30.00 When a veterinarian's fee has been paid or incurred for the care or treatment of any animal, such animal shall not thereafter be redeemed without payment by the owner of such fee, in addition to any and all other fees, so as to reimburse the City for its cost for veterinarian service for such animal." SECTION 9. No person shall violate any provision, or fail to comply with any of the requirements of this ordinance. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this ordinance shall be guilty of a misdemeanor. Any person convicted of a misdemeanor under any provision of this ordinance shall be punishable by a fine of not more than Five Hundred Dollars, or by imprisonment - 4 - 1630 in the City Jailor County Jail for a period not exceeding six months, or by both such fine and imprisonment. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of the ordinance is committed, continued, or permitted by such person and shall be punishable accordingly. SECTION 10. In addition to the penalties provided in the preceding Section, any condition caused or permitted to exist be deemed a public nuisance and may be, by the City, summarily abated as such, and each day such condition continues shall be regarded as a new and separate offense. SECTION 11. If any section, subsection, sentence, clause, phrase or portion of this ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not iffect the validity of the remaining portions of this ordinance. The City 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 anyone or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. SECTION 12. Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective date hereof, nor be con- strued as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provisions applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations thereunder appertaining shall con~ tinue in full force and effect. - 5 - 1630 SECTION 13. The Clerk of the Council shall certify to the passage and adoption of this ordinance and shall cause the Rume to be publIshed in the Arcadia within fifteen (15) official newspaper of the days after its adoption. Ci ty of PASSED AND 1\DOPTED BY THE CITY COUNCIL of the City of Arcadia at its regular meeting held on the 16th day of May, 1978. SIGNED AND APPROVED THIS 16th day of May, 1978, ATTEST. .~~ ~RISTlNE VAN MAANEN I HEREBY CERTIFY that the foregoing ordinance was adopted at a regular meeting of the City Council of the City of Arcadia,California, held on the 16th day of May, 1978, by the affirmative vote of at least three Councilmen. AYES: Councilmen Margett, Pellegrino, Saelid, and Parry NOES: ABSTAIN: ABSENT: None None Coun'c i Iman ;~-~ -~.~~ \;......... ..../.... I -------- Y /' . ,-~"o~ ~ -, '" ~ --=----- --" ~f-:~-. ~~~;:~;~ ,-.J .,.-...... ~" .~-...;;;; .'--." -- ..-.~.,' I~" .~v'"'~-:.;'_ ~.::- -..../-.........J '. .... ,-,,-, -\'" "'---... \r. ...~--- > ~ - 6 - 1630