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Ordinance No. 361ORDINANCE NO 361 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS RELATING TO ANIMAL CONTROL WELFARE, LICENSE AND HEALTH REQUIREMENTS THE CITY COUNCIL OF THE CITY OF CYPRESS DOES ORDAIN AS FOLLOWS Section 1 Article II of Chapter 3 of the Cypress City Code hereby is repealed Section 2 Articles I through IX of Chapter 3 of the Cypress City Code hereby are enacted to read as follows: ARTICLE I ADMINISTRATION Sec 3-1 1 Definitions ANIMALS• Unless otherwise stated the word "ANIMAL" as used in this Chapter shall include birds, fish, mammals and reptiles POUNDMASTER, ANIMAL CONTROL SERVICES. The terms 'POUNDMASTER" or "CHIEF ANIMAL CONTROL SERVICES" are synonymous with 'ANIMAL CONTROL OFFICER" and shall include the deputies of such person PUBLIC AQUARIUN: A "PUBLIC AQUARIUM" is a place where fish or other aquatic animals are kept or maintained for public exhibit sale, trade or barter VICIOUS ANIMAL. Any animal which has bitten a person or other animal without provocation or which has a propensity to attach or bite any person or animal without provocation Sec 3-1 2 Responsibility for administration The Poundmaster Animal Control Services who shall be appointed by the County Health Officer and acting under the direction of the Director of the Division of Veterinary Public Health, is hereby charged with the administration of Articles I through IX of this Chapter Sec 3-1 3 Rules and Regulations The Poundmaster, Animal Control Services, with the approval of the Health Officer, the Director of the Division of Veterinary Public Health and the Board of Supervisors may promulgate any necessary rules and regulations for the administration of Articles I through IX of this Chapter Sec 3-1 4 Enforcement The Poundmaster, his deputies, all peace officers, veterinary inspectors, the County Health Officer, the Director of the Division of Veterinary Public Health, and the County Veterinarian of the County of Orange are hereby empowered and it shall be their duty to enforce Articles I through IX of this Chapter and any statute of the State of California relating to animals, unless otherwise provided by law No person shall interfere with, oppose or resist any authorized person charged with the enforcement of this Chapter while such person is engaged in the performance of his duties Sec 3-1 5 Duty of owner to dispose of dead animal The owner of any dead animal shall dispose of the carcass of such animal in a sanitary manner as prescribed by the County Health Officer within twenty-four (24) hours after said owner has knowledge of the animal's death Sec 3-1 6 Disposal of deadanimals whose ownership cannot be established The Poundmaster shall be responsible for the disposal of all dead animals whose ownership cannot be established Ordinance No 361 202 ARTICLE II ANIMAL LICENSES Sec 3-2 1 License Required No person shall without first obtaining a license therefor in writing from the Poundmaster, keep conduct or operate within the City any dog kennel, cat kennel, pet shop- guard dog and/or sentry dog service, zoo animal rental establishment, riding academy, livery stable boarding stable pony ring or pony ride, horse market, mule market circus rodeo pet show, cat show, animal acts or exhibitions alligator farm ostrich farm, wild animal farm miscellaneous animal or reptile establishment, public aquarium or any wild, exotic, dangerous or nondomestic animal Sec 3-2 2 License Application --Contents of Each application for a license shall be in writing upon a form to be furnished by the Poundmaster, and shall contain such informa- tion as the Poundmaster, by rule or regulation shall require The license fee shall be set by Resolution of the Board of Supervisors of the County of Orange, California, and must be paid to the Poundmaster before a license is issued Thereafter unless otherwise provided, each license fee shall be paid annually to the Poundmaster in accordance with said Resolution The license shall expire It may, however be revoked or suspended for cause in accordance with this Ordinance prior to the expiration date The license also becomes null and void if the holder of such license changes the location of his place of business or sells, as§igns transfers or otherwise disposes of such business or his interest therein (for a period of thirty days) Each licensee shall renew his license within thirty (30) days after expiration All licenses issued hereunder shall be kept posted in a conspicuous place on the premises Sec 3-2 3 License Investigation Upon the filing of each application, either for an original license or renewal thereof, the Poundmaster shall issue a license to the applicant if he finds that: (a) The keeping of animals, or the conduct or operation of the business for which the license is requested and at the place set forth in the application will not violate any law or ordinance of the County of Orange or any law of the State of California, or any law of the City of Cypress, and (b) The keeping of animals or the conduct or operation of the business for which the license is requested, will not endanger the health peace or safety of the community, and (c) The premises and establishment where animals are to be kept are in a clean and sanitary condition, and that animals will not be subject to suffering cruelty or abuse, and (d) The applicant has not had a similar license revoked within one year prior to application Sec 3-2 4 Revocation or suspension--grounds--procedure Any license issued hereunder may be revoked or suspended if the Poundmaster finds (a) That the licensee, his agent or employee, has been convicted of any offense involving the violation of Sections 596, 597, 598 and 599 of the Penal Code of the State of California, or of any provision of this Chapter* or (b) That the licensee, his agent or employee, has at the place for which the license was issued failed to provide any animal in his possession, care or control with proper and sufficient food, drink, shelter or protection, or subjected any such animal to suffering cruelty or abuse* or (c) That the licensee, his agent or employee, failed to maintain the premises in a clean and sanitary condition or Ordinance No 361 (d) That the licensee, his agent or employee, has violated any provisions of Articles I through IX of this Chapter or any fule or regulation made pursuant thereto Sec 3-2 5 Rules and Regulations The Poundmaster may in the rules and regulations pro- mulgated pursuant to Articles I through IX of this Chapter establish reasonable standards requiring any place for which a license is granted to be maintained in a clean, sanitary and humane condition A copy of such rules and regulations shall be furnished to each applicant for a license on the filing of his application Sec 3-2 6 Dog license required Any person having custory of any dog, four months of age or older for fifteen (15) days or longer shall procure an Orange County dog license Each license fee shall be paid annually to the Poundmaster as provided by Resolution of the Board of Supervisors of the County of Orange Unless otherwise provided by resolution the full amount shall be paid for any fraction 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 defined Upon collection of the dog license fee by the Poundmaster, he will issue a dated receipt stating the name and address of the owner dog tag number description of dog, and the expiration date of the rabies vaccination, together with an Orange County dog license tag stamped with a serial number, year and county of issuance Sec 3-2 7 License displayed The license tag shall be attached to a collar, harness or other device and shall be worn by the licensed dog at all times and shall not be removdd from any dog by an unauthorized person 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 Articles I through IX of this Chapter Sec 3-2 8 Rabies vaccination No dog shall be licensed without proof of rabies vaccination as provided in this Chapter Sec 3-2 9 False or stolen license documents No person shall make use of, or have in his possession 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 Sec 3-2 10 Transferability Dog licenses are not transferable and no person shall attach any license tag to any dog other than the dog for which such tag was originally issued Sec 3-2 11 Exemptions Any veterinary hospital operated only for the purpose of rendering veterinary treatment by a licensed veterinarian shall be exempt from payment of all license fees under this Chapter Sec 3-2 12 Commercial kennel license Any lot, building, structure, enclosure or premises where four or more dogs or cats, four months of age or older, are kept or main- tained for commercial boarding breeding or sale is a commercial kennel for the purpose of this Chapter No person shall operate a commercial kennel without obtaining an annual kennel license issued by the Poundmaster after payment of a kennel license fee as provided by Resolution of the Board of Supervisors of the County of Orange At any time that there are more dogs than the kennel license allows, the person operating such kennel must obtain a new license permitting the keeping of the greater number of dogs The former license Ordinance No 361 204 shall be canceled and a credit for the canceled license fee shall be allowed on the new kennel license issued Sec 3-2 13 Noncommercial kennel Any lot buidling structure enclosure or premises where four or more dogs or cats four months of age or older are kept or maintained as pets for the pleasure and enjoyment of the owner is a noncommercial kennel for the purposes of this Chapter and all dogs shall be individually licensed Sec 3-2 14 Zoning Regulations All kennel licenses are subject to the zoning regulations as set forth in the Zoning Ordinance of the City of Cypress Sec 3-2 15 Guard dog and/or sentry dog service Guard dog and/or sentry dog service means any private service or private system which purports to furnish or does furnish to members or subscribers any guard and/or sentry dog to guard any property within the City of Cypress, including guarding against fire or theft or both All such guard and/or sentry dogs shall be individually licensed and shall wear a collar or harness with the license tag affixed at all times The guard and/or sentry dog service section shall apply to all private service or private systems which supply guard and/or sentry dog service to members or subscribers in the City of Cypress, even though the guard and/or sentry dogs are kenneled outside of the City of Cypress ARTICLE III RABIES AND DISEASE CONTROL Sec 3-3 1 Vaccination Every personowning or harboring a dog, four months of age or older, for fifteen (15) days shall have such dog vaccinated against rabies by a licensed veterinarian with a vaccine approved by the Director of the Division of Veterinary Public Health Sec 3-3 2 Certificate Every veterinarian vaccinating any dog shall issue a rabies vaccination certificate on a form approved by the Director of the Division of Veterinary Public Health Sec 3-3 3 Deferment By obtaining an anti -rabies inoculation deferment from a licensed veterinarian and upon approval by the Director of the Division of Veterinary Public Health, dogs that are ill may be deferred from the rabies vaccination requirement Old age of the dog shall not, however, be a ground for deferment Sec 3-3 4 Proof No person who owns or harbord any dog shall fail or refuse to exhibit his copy of the rabies vaccination form or anti -rabies inocu- lation deferment form upon demand of any person charged with the enforce- ment of Articles I through IX of this Chapter ARTICLE IV KEEPING AND RESTRAINT OF DOGS Sec 3-4 1 Nuisance No person shall keep, maintain or permit on any lot, parcel of land or premises under his control any dog which by any sound or cry shall disturb the peace and comfort of the inhabitants of the neighborhood or interfere with any person in the reasonable and comfortable enjoyment of life or property Sec 3-4 2 Restraint No person owning or having charge of any dog shall permit the same to run at large upon any place within the City of Cypress 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 Ordinance No 361 Sec 3-4 3 Private Property No person shall permit any dog to trespass or be upon any private property of another person without the consent of such person Park- ways comprising the area between the street and sidewalk shall be included as private property for the purposes of this Chapter Sec 3-4 4 Public school property No dog shall be permitted upon any public school property This Article does not, however, prohibit the use of dogs on school property for teaching or other school uses when approved by the school officials Sec 3-4 5 Running on owner's premises The provisions of this Article do not prohibit dogs from running at large on the premises of the owner or person having charge of such dog nor do they prohibit dogs, other than unspayed female dogs during breeding period from running at large on any other property with permission of the owner of such property, provided that there are not, within a radius of one thousand (1000) feet therefrom, more than five (5) residential or commercial buildings other than the residence of the person owning or having charge of such dog Sec 3-4 7 Female dogs During the breeding period unspayed female dogs shall be confined in such a manner that they do not attract stray male dogs ARTICLE V REPORTING BITES AND SCRATCHES Sec 3-5 1 Duty to report Any person having knowledge or anyone having been bitten or scratched by an animal of a species subject to rabies (all warmblooded mammals) shall immediately report the incident to the Orange County Health Officer, the Director of the Division of Veterinary Public Health or the Poundmaster Sec 3-5 2 Quarantine of animals Upon receipt of a report that a person has been scratched or bitten by an animal of a species subject to rabies (all warmblooded mammals) any person authorized to enforce Articles I through IX of this Chapter is hereby empowered to enter upon any private property, including the home or residence where the animal is kept or has strayed to inspect and to seize and impound any such animal for a period of fourteen (14) days (ten days for dogs and cats) In lieu of impounding the animal, he may, by serving a written notice upon the owner require the owner to quarantine the animal for such period Quarantine means the isolation of the animal in a sub- stantial enclosure so that the animal is not subject to contact with other animals or unauthorized persons Sec 3-5 3 Removal of animals from quarantine No person shall remove from any place of isolation or quarantine any animal which has been isolated or quarantined as authorized and provided by this Chapter without the consent of the Director of the Division of Veterinary Public Health or his authorized deputy ARTICLE VI IMPOUNDED ANIMALS Sec 3-6 1 Retention of dog without owner's consent No person shall, without the knowledge or consent of the owner hold or retain possession of any dog of which he is not the owner for more than twenty-four (24) hours without first reporting the possession of such dog to the Poundmaster, giving his name and address and a true des- dription of the dog and then causing such dog to be impounded at the Animal Shelter, for return to the legal owner Ordinance No 361 206 Sec 3-6 2 Removal of animals from Animal Control Shelter It shall be unlawful for any person to remove any impounded animal from the County Animal Shelter without consent of the Poundmaster Sec 3-6 3 Disposition of licensed dogs Any impounded dog which is licensed may be redeemed by the owner upon payment of the impound fee, care and feeding charges, veterinary charges, and upon proof of rabies vaccination The Poundmaster shall immediately give notice to the owner of the said dog If the dog is not redeemed within five (5) days it shall be deemed abandoned and the Poundmaster may sell release or destroy said animal Sec 3-6 4 Disposition of unlicensed dogs Any impounded dog which is not licensed may be redeemed upon payment of the license fee, impound fee, care and feeding charges, veterinary charges, and upon proof of rabies vaccination 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 (3) days it shall be deemed abandoned and the Poundmaster may sell release or destroy said animal Sec 3-6 5 Sale of unredeemed animals 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 Except as otherwise provided by State law or by this Chapter any other animal which has not been redeemed within three (3) days shall be deemed abandoned and may be sold upon payment of a placement fee Sec 3-6 6 Use in medical research Any impounded animal which has not been redeemed or sold and would normally have been destroyed in accordance with this Chapter may upon payment of the fee provided by Resolution of the Board of Supervisors of the County of Orange be released from the Orange County Animal Shelter to an agency which has been approved by the California State Department of Health, the Health Officer, and the Director of the Division of Veterinary Public Health to obtain animals for medical research Sec 3-6 7 Disposition by euthanasia Any impounded animal which has not been redeemed or sold may be disposed of by euthanasia in accordance with State and County laws ARTICLE VII DANGEROUS ANIMALS Sec 3-7 1 Vicious Animals Whenever an animal suspected of being vicious is reported the Poundmaster shall investigate the circumstances and if he finds that such animal has done any of the acts or shown a disposition or propensity to do any of the acts declared in this Article to constitute a vicious animal he shall notify the owner or harborer in writing stating all of the facts and circumstances He shall order the owner or harborer to keep such animal within a substantial enclosure or securely attached to a chain or any other type of control which the Poundmaster may deem adequate under the circum- stances If such restraint is impossible or impracticable the animal shall be impounded until the owner or harborer is able to comply with the Poundmaster's order If upon receiving written notification as aforesaid the owner or harborer fails to provide adequate restraint or control of said animal as ordered by the Poundmaster within a reasonable time, such owner or harborer shall be liable to prosecution for violation of this Article and the animal or reptile shall be subject to summary destruction Sec 3-7 2 Beware of dog notice Whenever the Poundmaster receives a report of a dog with a disposition or propensity to attack or bite any person or animal without provocation, he may order the owner to post and keep posted upon the premises Ordinance No 361 where such dog is kept under restraint as herein provided, a notice containing the words "BEWARE OF DOG" Each letter of said notice shall be not less than two inches (2") in height and the notice will be displayed in plain and conspicuous view Failure to obey such order in any respect as herein provided shall render such owner liable to prosecution for violation of this Article and shall render such vicious dog subject to summary destruction Sec 3-7 3 Possession or transfer of dangerous animal It shall be unlawful for any person, firm or corporation to possess, keep, sell, trade or barter any animal which is detrimental to the health and safety of the public as defined in the California Administrative Code Title 14 Sec 3-7 4 Wild, exotic, or nondomestic animal in captivity No person shall have keep or maintain any wild exotic dangerour or nondomestic animal without first applying to and receiving a license from the Poundmaster The keeping or maintenance of such animals shall also conform to the Zoning Ordinance of the City of Cypress The Poundmaster is hereby authorized to issue a license to any person for the keeping or maintaining of any wild, exotic, dangerous or nondomestic animal when, in his opinion, any such animal may be kept or maintained without endangering the safety of any person or property• provided however, that the Poundmaster may require any such animal to be properly caged or tethered and he may make such additional rules or regulations that may be necessary and proper under the circumstances He may revoke any such license for the violation of any of the provisions of this Chapter or of any of the rules and regulations adopted pursuant thereto or when in his opinion the safety of any person or property is endangered by the keeping of any such animal ARTICLE VIII ANIMALS RUNNING AT LARGE Sec 3-8 1 Animal Defined Animal as used in this Article shall not include dog or cat but shall include livestock meaning any domesticated poultry cattle goats swine sheep horses mules asses which are kept in captivity or under the control or owner ship of any person for any purpose Sec 3-8 2 Staking or grazing It shall be unlawful for any person to place, stake or cause or permit any animal to be placed, staked, or to graze or be upon the land of another without the written consent of the owner or other authorized person or upon public lands or highways or to allow any such animal to run at large Sec 3-8 3 Impounding livestock The Poundmaster shall seize and impound any animal found on any premises in violation of this Article and he shall have a lien upon such animal or animals sufficient to secure the payment of all expenses incurred by reason of his seizing keeping and caring for such animal or animals Sec 3-8 4 Sale of unclaimed animals If no person appears and claims the animal or animals im- pounded under this Article within five (5) days or if a person does appear and claims the animal or animals impounded within said time but fails to pay the Poundmaster the expenses as provided in Section 3-8 3 hereof then the Poundmaster shall proceed to sell or cause to be sold such animal or animals except bovines or equines, at public sale in accordance with the general pro- cedure provided in the law concerning the sale or execution of personal property Sec 3-8 5 Animal valued at less than ten dollars If the animal impounded under this Article is of a value less than ten dollars (10 00) and has not been claimed the Poundmaster amy, after the expiration of three (3) days from the date of seizure sell such animal, except bovines and equines at private sale without notice In the alternative the Poundmaster may dispose of said animal, except bovines or equines, in any humane manner Ordinance No 361 208 ARTICLE IX KEEPING OF LIVESTOCK Sec 3-9 1 Keeping of livestock near dwelling No person shall keep, stable or stake any equine bovine swine, sheep or goat within fifty (50) feet of any dwelling or building (other than that of the owner) used principally for human habitation within the City of Cypress Sec 3-9 2 Livestock fences Every owner keeper custodian or harborer of livestock shall erect and/or maintain a fence as herein described to contain and confine all livestock kept or maintained on his premises Such fence shall be sufficiently good strong and sub- stantial to prevent the ingress and egress of livestock No wire fence is a good and substantial fence within the meaning of this Section unless it has three (3) tightly stretched barbed wires securely fastened to posts of reasonable strength firmly set into the ground not more than one rod apart, one of which wires shall be at least four feet (4') above the surface of the ground Any kind of wire or other fence of height, strength and capacity equal to or greater than the wire fence herein described is a good and sub- stantial fence within the meaning of this Section Cattle guards of such width, depth, rail spacing and construction as will effectively turn live- stock are also a good and substantial fence Section 3 If any section subsection paragraph sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional or invalid, such decision shall not affect the validity or constitutionality of the remaining portions of this Ordinance The City Council of the City of Cypress hereby declares that it would have passed this Ordinance and each section subsection paragraph, sentence, clause or phrase thereof, irrespective of the fact that one or more of the sections, subsections, paragraphs, sentences, clauses or phrases thereof be declared unconstitu- tional or invalid PASSED AND ADOPTED by the City Council of the City of Cypress at a regular meeting held on the llth day of December, 1967 ATTEST' CITY ERK OF THE C4(/OF CYPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss MAYOR OF THE CITY OF SS I, DARRELL ESSEX, City Clerk of the City of Cypress DO HEREBY CERTIFY that the foregoing Ordinance was adopted at a regular meeting of the said City Council held on the llth day of December, 1967, by the following vote: AYES* 5 COUNCILMEN Bowen, Kanel, McCarney, Noe, and Harvey NOES 0 COUNCILMEN None ABSENT 0 COUNCILMEN None Ordinance No 361 CITY CLE OF CITY OF CYPRESS