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Ordinance No. 101CITY OF CYPRESS ORDINANCE NO 101 AN ORDINANCE PROVIDING FOR THE LICENSING OF ALL DOGS WITHIN THE CORPORATE LIMITS OF THE CITY OF CYPRESS, PROHIBITING DOGS FROM RUNNING AT LARGE WITHIN THE CORPORATE LIMITS OF CYPRESS; AUTHORIZING THE IMPOUND- ING AND DESTRUCTION OF DOGS• PROVIDING A PENALTY. AND REPEALING ALL ORDINANCES IN CONFLICT THEREWITH THE CITY COUNCIL OF THE CITY OF CYPRESS DOES ORDAIN AS FOLLOWS SECTION 1: Definition of Terms. As used in this ordinance, unless the context otherwise indicates, (a) "Dog' shall be intended to mean both male and female (b) "Ownei'shall be intended to mean any person or persons, firm association or corporation owning, keeping or harboring a dog (c) "At Large" shall be intended to mean off thepremises of the owner, and not under the control of the owner or a member of his immediate family either by leash, cord, chain or otherwise. SECTION 2 License and Registration Required All dogs kept, harbored, or maintained by their owners in the City of Cypress shall be licensed and registered if over 3 months of age. Dog licenses shall be issued by the Poundmaster upon payment of a license tax of Four Dollars ($4 00) for each male or spayed female, and Four Dollars ($4 00) for each unspayed female The owner shall state at the time application is made for such license and upon printed forms provided for such purpose his name and address, and the name, breed, color and sex of each dog owned or kept by him The provisions of this section shall not be intended to apply to dogs whose owners are nonresidents temporarily within the city, nor to dogs brought into the city for the purpose of participating in any dog show nor to "seeing -eye" dogs properly trained to assist blind persons when such dogs are actually being used by blind persons for the purpose of aiding them in going from place to place SECTION 3 Tag and Collar Upon payment of the license fee, the Poundmaster shall issue to the owner a license certificate and a metallic tag for each dog so licensed The shape of the tag shall be changed every year and shall have stamped thereon the year for which it was issued and the number corresponding with the number on the certificate Every owner shall be required to provide each dog with a collar to which the license tag must be affixed, and shall see that the collar and tag are constantly worn. In case a dog tag is lost or destroyed a duplicate will be issued by the Poundmaster upon presentation of a receipt showing the payment of the license fee for the current year, and the payment of a fifty (50) cent fee for such duplicate Dog tags shall not be transferable from one dog to another and no refunds shall ballade on any dog license fee because of death of the dog or the owner's leaving the city before expiration of the license period SECTION 4 Running at Large Prohibited No owner or keeper of any dog shall permit such dog to run at large at any time SECTION 5: Impounding. It shall be the duty of every police officer or Orange County Pound to apprehend any dog found running at large contrary to the provisions of Section 4 and to impound such dog in the county pound or other suitable place The Pound - master (or some other designated official) upon receiving any dog shall make a complete registry entering the breed, color and sex of such dog and whether licensed If licensed he shall enter the name and address of the owner and the number of the license tag Licensed dogs shall be separated from unlicensed dogs Ordinance No 101 1'8 SECTION 6. Notice to Owner and Redemption Not later than 72 hours after the day of impounding of any dog the owner shall be notified unless the owner of the dog is unknown. The owner of any dog so impounded may reclaim such dog upon payment of the license fee, if unpaid, and of all costs and charges incurred by the City of Cypress for impounding and maintenance of said dog The following charges shall be paid to Orange County Poundmaster: for impounding any dog $2.00• for keeping any dog, $.50 per day. SECTION 7 Disposition of Unclaimed or Infected Dogs It shall be the duty of the poundmaster to keep all dogs so impounded for a period of three (3) days from the date of notice to the owner or the posting of notice such dog shall not have been redeemed, it may be destroyed Any unlicensed dog required by law to be licensed, or any dog which appears to be suffering from rabies or affected with hydrophobia, mange or other infectious or dangerous disease shall not be released but may be forthwith destroyed SECTION 8: Muzzling whenever it becomes necessary to safeguard the public from the dangers of hydrophobia the Mayor if he deems it necessary, shall issue a proclamation ordering every person owning or keeping a dog to confine it securely on his premises unless such dog shall have a muzzle of sufficient strength to prevent it biting any person Any unmuzzled dog running at large during the time of the proclamation shall be seized and impounded, unless noticeably infected with rabies All dogs so noticeably infected with rabies and displaying viscious propensities shall be killed by the Poundmaster without notice to the owner Dogs impounded during the first two days of such proclamation shall, if claimed within five days, be released to the owner, unless infected with rabies, upon payment of the impounding charges provided for in Section 6. If unclaimed after that period, such dog may be summarily destroyed. SECTION 9. Rabies - Notice If a dog is believed to have rabies or has been bitten by a dog suspected of having rabies, such dog shall be confined by a leash or chain on the owner's premises and shall be placed under the observation of a veterinarian at the expense of the owner for a period of two weeks. The owner shall notify the Chief of Police or Poundmaster of the fact that this dog has been exposed to rabies and at his discretion the Chief of Police or Poundmaster is empowered to have such dog removed from the owner's premises to a veterinary hospital and there placed under observation for a period of two weeks at the expense of the owner It shall be unlawful for any person knowing or suspecting a dog has rabies to allow such dog to be taken off his premises or beyond the limits of the city without the written permission of the Chief of Police or Pound - master Every owner, or other person, upon ascertaining a dog is rabid shall immediately notify the Chief of Police or Pound - master who shall either remove the dog to the pound or summarily destroy it SECTION 10: Vaccination It shall be unlawful for the owner of any dog to keep or maintain such dog unless it has been vaccinated by a licensed veterinary surgeon with anti- rabies vaccine, within two years preceding the date on which such dog is kept or maintained SECTION 11: Penalties Any owner found violating any provision of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than $300 00 for such offense SECTION 12 Repeal of Conflicting Ordinances. All existing ordinances of the City of Cypress are hereby repealed insofar as they may be inconsistent with the provisions of this ordinance Ordinance No 101 SECTION 13• Separability of Provisions. It is the intention of the City Council that each separate provision of this ordinance shall be deemed independent of all other provisions herein, and it is further the intention of the City Council that if any provision of this ordinance be declared invalid, all other provisions thereof shall remain valid and enforceable. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CYPRESS at a Adjourned meeting thereof held on the 31st day of July, 1961 ATTES 1 ROBERT ROGS CITY CLERK r 1 THOMAS A BAROLDI, MAYOR Ordinance No 101