HomeMy WebLinkAboutOrdinances - No. 297ORDINANCE NO. 297 '
AN ORDINANCE OF THE CITY COUNCIL OF THl3
CITY OF LODI RELATING TO THE PUBLIC POUND
The City Council of the City of Lodi does ordain as
follows :
SECTION 1. The public pound shall be maintained at
such place as is provided therefor from time to time by the
City Council.
SECTION 2. The position of poundmaster is hereby
continued. It shall be filled in the manner provided in
ordinances and resolutions of the City Council relating to the
personnel system of this City.
It shall be the duty of the poundmaster to have
charge of the licensing of dogs and cats and the maintenance
and operation of the public pound.
such compensation and allowances as may be allowed by the
City Council.
The poundmaster shall receive
All dog and cat license fees, charges, costs, receipts
from sales, etc., collected by the poundmaster shall be paid
over to the Chief of Police, who shall account for the same
in the same manner as he accounts for other moneys received by him.
SECTION 3. The poundmaster shall be sworn in as a
regular police officer of the city and shall be issued a police
badge by the Chief of Police.
peace officer and, in addition to the enforcement of the
provisions of this ordinance, shall enforce such state laws and
local ordinances as relate to the care and treatment of animals
and for the prevention of cruelty thereto.
He shall have the powers of a
For the purpose of
discharging the duties imposed upon him he is hereby authorized
and directed (when it is lawful to do so) to enter upon any
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premises for the inspection or examination thereof or for the
performance of any other of his official duties thereon; and
he shall take up and impound any animal or fowl which may
hereafter be in said city contrary to any provision hereof.
SECTION 4. Every person owning or having possession
of a dog or cat shall pay a license fee for the calendar year
beginning January 1st or for any fractional part of such year
as follows:
For each male dog ....................... $ 1.00
For each female dog not spayed .......... # 4.00
For each male cat ...................... $ 0.50
For each female cat ..................... $ 1.00
For each female dog that has been spayed. $ 2.00
The license fee shall be paid to the poundmaster as
soon as such dog or cat shall come into the possession of the
owner or person having possession thereof and annually thereafter
on or before the first day of January of each succeeding year.
The owner or person having possession of such dog or
cat shall provide it with a suitable collar upon which shall be
securely attached a license tag issued by the poundmaster OR
payment of the license fee, showing the license number and the
year for which the dog or cat is licensed. The receipt for
payment, a copy of which shall be kept on file, shall bear the
raame number as the license tag, also the name and description
of the dog and the name and address of the owner.
SECTION 5. Any person who is engaged in the business
of breeding or raising dogs or cats shall pay a business license
fee of $10.00 per quarter year, payable as other business
licenses are payable. Be shall be exempt from the requirement
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of paying license fees for each dog or cat kept in his
establishment. No such dog or cat may be permitted to be in
said city contrary to provisions of this ordinance.
SECTION 6. Dogs under six months of age shall not be
required to be licensed under the provisions of this ordinance
if kept confined entirely to the premises of the owner or pemon
entitled to the possession thereof. The poundmaster may require
satisfactory proof, in writing, substantiating any claim of
exemption under the provisions of this ordinance.
SECTION 7. Whenever a license tag issued for the
current year has been stolen or lost, the person owning or
having possession of the dog for which it was issued shall secure,
on payment of 5O$ to the poundmaster, a duplicate license tag
for the remainder of the year.
SECTION 8. It shall be unlawful for any person at any
time to have, own or possess any dog or cat within the corporate
limits of said city, whether the same he licensed or not, if
such dog or cat is permitted at any time to be beyond the inmediate
presence, control or supervision of such owner or his employee
or agent or some member of his family or unless such dog or cat
be kept securely in an enclosure or securely tethered.
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SECTION 9. Every dog which has injured any person,
other than a trespasser or the person owning or having the
possession thereof, and every dog which has damaged the property
of any person other than the person owning or having the possession
of such dog, shall be taken by the poundmaster and impounded in
the public pound. Before any dog may be picked up and impounded
by the poundmaster for a violation of this section which has been
committed outside of the presence of the poundmaster or of a
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regular member of the city police department, the person complaining
against such violation shall be required to file a written
complaint, setting forth the details with respect to the injury
or damage asserted to have been committed and identifying the dog
which has committed the same. In the event that the facts and
circumstances of any case warrant, in the opinion of the Chief
of Police, an arrest of the person owning or having possession
of said dog, then the person complaining may also be required
to sign a complaint to cause the arrest.
SECTION 10. It shall be unlawful for any person owning
or having the possession of any dog or other animal known by such
person to be vicious or dangerous to permit the same to be in
said city, or to run loose on or within the premises of such
person, in such a manner as to endanger any person lawfully entering
such premises. A dog is hereby declared to be vicious within the
meaning of this section when it shall have bitten any one or more
persons, or when a propensity to attack or bite human beings shall
exist and is known, or ought reasonably to be known, to the owner
or person in possession of such animal.
It shall be the duty of the poundmaster to seize and
impound any vicious dog which is found off the premises of its
owner or other person in control thereof.
SECTIOX 11. Whenever any cases of rabies exist in
the city or in the vicinity of the city the Chief of Police is
hereby authorized to publish an order requiring every person
owning or having possession of any dog to keep it confined upon
private premises or else keep it effectively muzzled to prevent
biting. When the period of danger from rabies has terminated,
in the opinion of the Chief of Police, he shall publish a notice
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terminating the said order. During the period between the
published notice and the termination of such order it shall be
unlawful for any person owning or having possession of any dog
to allow it to be so unconfined or unmuzzled and every unmuzzled
dog not so confined during said period shall be taken by the
poundmaster and impounded in the public pound. The notices
herein referred to shall be published by posting in at least
three public places in the city and by one or more publications
in a newspaper published and circulated within the City of Lodi.
SECTION 12. In the event that any dog is impounded
upon complaint of any person asserting that such dog has bitten
some person, the poundmaster shall impound and keep such dog safely
segregated during a period of at least ten days for observation
for rabies, and following such period of observation, if it be
found that %he dog does not have rabies and if it is licensed
and otherwise eligible to be returned, it shall be returned
to the owner and no additional charge shall be made for the number
of days added to the normal period of kmpound that the dog is
required to be impounded for observation. If the dog is found
to have rabies it shall be forthwith destroyed by the poundmaster.
In the event of any statute taking precedence over the provisions
of this ordinance with respect to the impounding or regulating
of dogs suspected of having rabies or otherwise regulating dogs
or animals then to the extent that such statutes conflict with
the provisions of this ordinance such provisions hereof,
respectively, shall be deemed suspended during such period of
conflict.
SECTION 13. The owner or person entitled to the
possession of any dog which has been impounded under the provisions
of this ordinance (except under Section 9 or 11 hereof) may secure
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the release thereof at any time before the sale or other disposition
thereof as herein provided, by paying to the poundmaster a fee of
$2.00 together with a feeding charge of 25$ for each day or
fraction of a day that said dog has been impounded, and by the
payment of any unpaid license tax which is due and unpaid with
respect to said dog. If the dog was impounded upon the complaint
of any person asserting personal injury or property damage by
said dog, said dog may not be redeemed until and unless satis-
factory evidence is given to the poundmaster, in writing, by
the person owning or having possession of said dog, of precautions
to be taken assuring against the recurrence of any such injury
or damage. In the event that a dog is impounded for the second
time within the period of one year the fee to be paid to the
poundmaster for the release of said dog shall be the sum of $4.00.
If iinpounded for three or more times within the said period of
one year the pound fee to be charged shall be the sum of %lo for
each such additional impounding.
SECTION 14. Any dog not redeemed within the period
of 100 hours from and after the time of impounding may be sold
at such price as the poundmaster may deem obtainable, or may
be given away if, in the opinion of the poundmaster, such animal
has no sale value. No notice of sale or advertising of any kind
shall be required and all unredeemed dogs which have not been
sold or given away viiMxhxx- after the expiration
of said 100 hour redemption period shall forthwith be destroyed
by the poundmastercat his discretion.
SECTION 15. It shall be unlawful for any person
owning or haping possession of any horse, cow, goat, or other
animal to permit it to run at large or to be pastured, staked
or tied for the purpose of grazing upon any street, sidewalk or
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other public place, or upon the property of any other person
against the wishes of the owner or occupant thereof, or within
forty feet of the dwelling of another, or in any manner or place
to the injury or damage of the owner or occupant of other property.
It shall be unlawful for any person owning or having possession
of any chickens or other fowl to permit them to run at large upon
any street or other public place or upon the property of another
without the permission of the owner or occupant thereof, or in
any manner to the injury or damage of the owner or occupant of
such other property, and every such animal or fowl, upon com-
plaint thereof being made in writing by the person aggrieved,
shall be taken by the poundmaster and impounded in the public
pound
The poundmaster, upon impounding any such animal or
fowl shall immediately notify the owner or person entitled to
the possession thereof of the impounding thereof, if such person
is personally known to him, or if unknown, by posting notices
of the impounding with the description of the animal or fowl
and the time and place of its apprehension in at least three
public places in the city.
SECTION 16. After the expiration of 100 hours from
the time of posting such notices, any animal or fowl impounded,
pursuant to the provisions of the preceding section may be sold,
given away or destroyed by the poundmaster in the same manner
and under the same conditions imposed hereunder with respect to
the sale or other disposition of dogs impounded. The poundmaster
iir hereby authorized but is not required, to publish such notices
of sale as he deems warranted to aid in the sale of impounded
animals.
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SECTION 17. The poundmaster shall collect the follow-
ing fees and feeding charges from persons redeeming any animal
or fowl, other than dogs, impounded under the preceding sections:
For impounding each fowl, cat, rabbit or animal of
similar size, a fee of 256.
For impounding each animal of larger size than those
enumerated above a fee of G2.00.
For feeding each fowl, cat, rabbit or animal of
similar size, a feeding charge of lo$ per day.
For feeding each la rger animal a feeding charge of
$1.00 for each day impounded.
SECTION 18. The poundmaster shall keep a record of
the number, description and disposal of all dogs, other animals
and fowl impounded, showing in detail as to each the date and
time of impounding, the date and manner of the posting of notices,
the date and manner of disposal, the date, time and cost of any
advertisement for sale, including copies thereof, the name and
address of persons redeeming or purchasing and the fees, feeding
charges, costs and proceeds of sale received on account thereof.
Said record shall be kept by the poundmaster in a book or books
provided for that purpose and a copy thereof, kept up to date,
shall be left in the office of the Chief of Police and be open
at all times to public inspection. Each month the poundmaster
shall file with the City council a detailed report containing
a summary statement of the number and kinds of all dogs, other
animals and fowl impounded, redeemed, sold, given away, and
destroyed, the amounts of fees, feeding charges and proceeds
of sale collected dqring the preceeding month.
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The poundmaster shall issue receipts in triplicate,
numbered consecutively, for all such fees, feeding charges and
proceeds of sale collected by hiin hereunder, giving one copy
to the person making payment, furnishing one to the auditor
and retaining the remaining copy for his records.
SECTION 19. The poundmaster shall keep all dogs,
other animals and fowl in his custody supplied with proper food
and water, which shall be furnished by the city and shall give
such animals all necessary care and attention.
SECTION 20. The poundmaster shall remove and dispose
of all dead dogs, cats and other animals found on any street or
other public place.
SECTION 21. The poundmaster shall, upon request of
any person within the city, remove and dispose of any animal
or fowl owned by or in the possession of such person and shall -
collect from the persons for whom such services are rendered
the following fees:
For removing or disposing of any dog a fee of 5Oy!
For removing and disposing of any fowl, cat, rabbit
or animal of similar size, a fee of 504.
For removing and disposing of any calf, sheep or
goat or animal of similar size a fee of $1.50.
For removing and disposing of any cow, horse, or
animal of similar size, a fee of $2.00, plus any
actual cost incurred in such removal and disposal
other than the personal services of the poundmaster.
SECTION 22. It shall be unlawful for any person to
resist or obstruct the poundmaster in any way in the performance
of his duties hereunder.
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SECTION 23. It shall be unlawful for any unauthorized
person to remove from any dog any collar or harness or other device
to which is attached a license tag for the current year or to
remove such tag therefrom.
SECTION 24. It shall be unlawful for any person
to have, harbor or keep or to cause or to permit to be
harbored, or kept any unlicensed dog within the city.
SECTION 25. It shall be unlawful for the owner or
person having the possession of any female dog to cause, pemit
or allow the same to be in or upon any public street or place
or upon the property of a person other than a person owning
or having the possession of said dog while such female dog
is in heat.
It shall be the duty of the poundmaster to seize and
impound any dog which is in said city in violation of any of
the provisions of this ordinance, whether or not such dog has
been duly licensed.
SECTION 26. Each provision of this ordinance (except
as to license, redemption, feeding and other rates) when herein
made applicable to dogs, shall be applicable to cats to the same
extent as if the word "cat" appeared in such provision in place
of the word "dog".
SECTION 27. Any person violating any of the provisions
of this ordinance shall be guilty of a misdemeanor and upon
conviction thereof shall be punishable by a fine not exceeding
$300 or by imprisonment in the city jail or the county jail of
San Joaquin County for a term not exceeding three months, or by
both such fine and imprisonment.
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SECTION 28. Ordinance No. 154, adopted March 1, 1926,
Ordinance No. 156 adopted February 7, 1927, Ordinance No. 227
adopted June 22, 1936 and Subdivision 17 of Ordinance No. 277
adopted January 21, 1942 and all other ordinances or parts of
ordinances in conflict herewith, to the extent of such conflict
are hereby repealed.
SECTION 29. This ordinance shall be published one
time in THE LODI TIMES, a newspaper of general clrculation
printed and published in the City of Lodi and shall be in force
and take effect thirty days from and after its final passage
and approval.
Adopted and approved this 2 day of feAN1*ry
1944.
ATTEST :
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