HomeMy WebLinkAboutOrd. No. 1958-379-380i 15>2
ORDINANCE H0. 379
AN ORDINANGE'OF THE GITY OF EL$INORE'PROVIDING .FOR"THE '
`LICENSING 0F DOGS, CREATING THE OFFICE OF'POUN7] MASTER'
REGULATING THE KEEPING OF DOGS, AUTHnRi2ING THEIR ~M-
POUND AND DTSPOSAL AND PROVIDING PENALTIES"FOR`VIOLATIONS.
SEGTION 1.' Everp persan owning,`keeping or harboring any~dag within the City
I;imits of the City of Elsinore ahall pay to the Gity Clerk a license tax each
year in the amount'of $2.00 far each male'or spayed female aog, ~t3.00 for eaoh
natural female dog sa~d licen=e will be due July lst a#'~ga~~year, upcn
paymeat of such license at the-mffice of 'City Clerk,'a license tag showing the
year for which license is valid sh311 be'issued to licensee, at~~such license
paid 16eford the first day of September~'shall be'sub3eet to a 50~`discount~- '
license tags issued under`this ord3nance 'shall'be`attached to a collar on the
dog at all timea, ariy dog running `at Iarge whether licensed or not is hereby
declared'a public nuisance if and when it'commits:any of":the folloxing"acts.
A-"Enters upon the grounds'of any Public or Privzte school while in session
or when pupils are entering or leaning such sFhool or school grounds.
B- Barks at,'growls at, bites or attempts to bite or`melest any pedestrain
or the rider of'any bicycle who'Ys lawfnlly using any public s£reet or sidewalk
`~sd not in'any manner teasing or''pronoking such dog.
C- Enters upon or attempts ta enter in or upon any pen, encl~sure or .
premises wherein rabbits, chickens'or other fowl are kept.
D- Barks or howls when°not giving warning of threatened danger o£ ~~Y3ury
or damage to a person or prop6rty in proximitq to the dog~ or when the d'o`g is not
in danger or diatresa.
SECTION ~: The position of`Pound Master is hereby ereated~ and such Peund Maater
is authorized to ti~£orae the provisions of this ordinance under the direction
and control oaf the Ghief of Police.
SECTION 3. _
~- It shall be unlawful for the owner oi' custodian of ahy vicious dog, or
any female dog in heat_`qhether licenscd or not to permit or allow such dog to
run at large, .any dog £ound running at large 3n violatimn of this section shall
be impounded znd shall n~t be released without the approval Af the p~und master~
provided hovever that any vicious or dangerous dog sunning at large that;~annmt
be taken into custody safely or without danger of-~l~dily in~ury to the officer,
such dog may be slain by any police ofYicer.
B- Atty dog taken into `bustodq shall be safelq kept arid confined in an
enclosure called the.City Pound for a period of,five (5) ,days unless sooner reg
deemed by owner bg the paqment of a redemption £ee of ~1.00 plus board for sueh
time as the rmnimal. has been impounded at the rate of 50 cents per day.
G- Any dog kept more than five (5)~%days without being claimed by its"owner
shall be dispte~ed of by selling to,ang person wishing_to,purchase and properly
care £or it or by a human means o£ extezmination.
SEGTION 1~. Whenever any dog or other animal has bi.tten~ scratched or othex~ise
e~iposed any persom to possible rabies infeetion~ the, owner or.custodian shall
upon order of any police of.fYcer, quarentine said~animal and keep it secnrily
tied or confined away from contsec~twith humans for a period of not to exceed
fifteen (15) days, during aueh periofl it shall be the duty of the Humane Offieer
to make inspeetions`of such animal afld report an~ indication of rabies, to the
health officer and if it.ahall appear to the city Health Offieer upon exarnination
that such animal hss rabies~ he may destroy such animal, the head of any animal
so destroyed shall be removed and forwarded to the county labraterg for
examination for proo£ o£ rabies~ m~d if f~und to be rabid all persons bitten mr
scratched by said animal shsll notified,
SEOTION 5,' It shall be unlawful for any person to resist pr 3n any manner inter-
fere with any`police or health offieer while engaged in the performa~ce mf their
duties with respect to the enforcement o£ this ordinance.
SECTION 6. The pound master shall be entitled to compensation far his ser¢tees
at the following rates: ~25.00 per month basic salary, $1.00 for each dog
destroyed plus all ra:deraption fees colledted for dogs reclaimed.
SECTION 7. Any person found in violation o£ any of the provisions of this
ordinance sha11 be guilty of a misdeameanor and upon convi.ction thereof i~
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a court o£ competent jurisdiction shall be punished by a Fine of not less
thaL ten ~$10.00) nor more than two hundred ($200.00) dollars or by im-
prisonment 3~n the City Jail £or a period of not less than twenty four (2!t)
hours or more than one hundred (100) days or both such fine.and imprisonment.
SECTION 8. Ordinance No. 31~5 and all other ordinance in con£lict herewith.=~r
aro hereby repealed. _
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I~ R. W. Gmociwin, duly elected, qualified an acting City
-. Clerk o£ the City o£ Elsinore hereby-ce~ti,~y that the fore
- going ordinance was first read to the City Council on the
9th day mf ~Decembe~x t,. ~1957 and was paased and adopted
' a~regular mee it ng of said City Covncil on the 23rd
day of December, ~ 1957 by foll~wing vote~:
AYSS: t~Iestphal-Villa-Seitz-French~Hull
NOES: None .
ABSENT: Nene .
' R~. W. Gaodwin
~ R. W. Goodwin
_ City Clerk
. City of Elsinore
ORDINANCE N0. 380'~
AN ORDINA.TCE OF TF,E CITY OF ELSINORE PROVIDING FOR THE
PURCHASE liND SALE OF SUPPLIES, SERSrICE AND EQUIPNLFNT.
THE CITY COU"dCIL 0~' TH~ CI~'Y 0~ L'LSINO?E DOFS ORDAIN AS FOLT.OWS:
SECTION 1. P.DOPTION OF PURCHASIDIG SYSTEM. In.order to'establish
efYicient procedures £or the purchase of supplies, sertriees and equipment,
to secure for the City supplies~ sevices and equipment at the lowest possible
cost co7rmiensurate with quality needed, to exercise positiae financial control
over purchases, to clearly define authority'£or the purchasing_fu~ction.
and tp assure the quality of purchases, a purchasing system ie hereby adopted.
SECiION 2. CENTR4LIZED PURCHASIPI~ DEPARTMF,NT.'There is hereby created
a.centralized Purchasing Department in which is vested authority for the
purchase of supplies, services amd equipment. .
uECTI0P1 3. PIIRCHASING OFFICER. There is hereby created the positmon
o£ Purchasing Officer. The duties of this o£Ficer (hereinafter described)
shall be handled by the City Administrator until such time as it may in the
opinion of the Council be advisable to appoint a purchasing.Of~ficer~ the
duties of such o£ficer shall be~ ° '
(a) Purchase or contract for supplies~ services and equipment
required by'any using 3epartment in accordance with purchasing procedures
prescribed by this ordinance, such administrative regulations as the
Purchasing 0£ficer shall adopt fmr the internal management and operation of
ttie Purchasixig Department and such other rules and r~gulations.as shall~be
prescribe3 by the City Administrative Of£icer~ approved by the Council~.
_ (b) Negotiate and recommend execution o£ oontracts for t he
purchase of supplies~ services and equipment,
(c) Act to procure for the City the needed quality"in supplies,
services,and eauinment at le ast expense•to the Cii:y.
(d) Discourage uniform bidding and endeavor to obtain as £ull
and open competion as possible on all purchases.-
. (e) Prepare and reco~netid to the'City Gouncil rules governing
and purchase of supplies, services and equipment •for the City,
`'(f) Prepare and r~commend to the City Council revisions:arid
amendments to the purehasing rules,
(g) Keep in#'ormed of en~rent developryents in the fi~ld of:
purchasing~ prices, market conditions'and new products.
(h) Prescribe and maintain such £ orms as reasonable necessary
to the operation of this'ordinance'and other rizles and regulations.
• (i)'Supervlse th> inspection of all supplies, services and
equi.pment purchased to insure confoxmance zuith specifica.tions.
(j) Recommen3 the transfer of surplus pr unused supplies and
equipment betweea den~rtments as needed and the s2.le of all supplies and
equ~pment which cannot be used bg any agency or rrhich have become unsuitable
for.Gity use. ,
~ 5 ~-.
M in ain a ldder ~ Tist~ ~ ndors atal f'le and records
needed for the ~~~'ic~en~ o~erz~ioa o~ tKe F~irc~iasing ~epar~~en~,
~~~TION l~.EBhfi1P~I.ONS~ FSOM ~;C, h•TRAf IZED PUF.CHASING. The Purchasing
0££icer~ with approval of the City Council~ majr authorize in ang department to
purehase or contract for specified'supplies, ser~ices and'equipment indapendently
of the Purchasing Department; but he sha11 require that such purchases or contracts
be made in oonr:orntity with the procedures establish~~;;by !Ghis ordinance, and shall
furthefl reqnire periodic reports from the ~epartment on the rourchases and contracts
made under such aathorization
SECTIUN 5. -ESTS2iATES OF R~~UIR.F~iiENTS. Al1 departments shall f.ile~ detailed e:
estimates o£ their requirements in supplies, services and eqvipment in such manner
at such time~ and for such ir;lnre reriod~ ac tY.e Ftirchasing 0£ficer shall prescribe --
S£;CTT~N 6,:RFQUISTTTIQDtS. Tlsing agencies:shall subrait requests
for sup~ilies~ services and equipment to the Piirchasing 0£fi.ce~ by standard '
rec~ui~t,~tion forms. _
SECTION ~, BIDDIVG. Purchases of supplies~,servir.es~ eo,uipment and
the sale of persona2 property.shall be by bid procedures pur~uant to Sect~_or.s 10
and 11, Biddin~ shall be dispensed wa.th only ~.rhen an emergency requires that
an orde:r be placed SM1*ith the nearest availsble so~;rce of supbly, when the amount
=nvolved is 1~ssc~h~n'.:~1~b.:OQS:or,=.~rhen tE~e:.~ammo~it~ o~anc:b~-:6btained from onlq
on~ vendos. -
SECTION 8, PtJRCHASE ORDERS. Purc:~esea of su.pnlies~ services and
equipr~ nt shall be made only by purchase order.
SECTION 9>, ENCUNBRAI~,E OF FU~g, F~cept in cases o£ emergency~ the
Purchasing 0~'ficer shall not issue any purchase order for supplies~ services or
equi.pmer.t unless there exists an unencumbered apnropriation in the fund ar,count
ageinst which said purchase i_s to be charged.
SECTIUN l0, FORMAL CONTRl~CT PROC~J?IIRE, Except as otherwise provided
herain, purchases and contracts lor suaplies~ ser•vices~ ~quipment and the sale of
personal preperty o: estimated value greater the ~1000.00 shall be by written
contract with the lowest or high8st respensible bi.dder~ as the case may be,
pursuant to the procedure_prescrioed herein,
(a) Notice Inviting Bids~ Notices inviting bi3s shall ir.clude a general
description of the articles to be purchased or sold~ shall sta,te 4ahere bid
blanks and specificatrions m3y be secured, and the ti.me and place £or opening bids.
(1) Fublished Notir,e, Notice inviting bids shall be published at
lea;t ten da,ys bei'ore the date of onening o£ the bids. Notice shall be -
published in the City~ or iF there is none~ it sha]1 be posted in at least I
theree nublic places in the r,ity tha~ h?ve been designa`ted b3r ordinance as II
the places for,posting public notices. -
(2) Bidders~ List. The Purchasing O.f~icer shall also solicit
sea.led Uids irom all.responsible prospective sun~liers v;hose neames are an the
Eid~ers~ List or ~.rho have reauested their names to be added thereto,
~ (b) Bidder~s Security, ttithen deemed necrossary'by the Purchasing Ofiicer
bidder~s s~aurity may be nrescribed in the public notices inviting bids. 3i3ders
shall be intitled t~ retr.rn o£ bid security; provided that a successful bidder shal
forfeit his bid security upon refueal or £ailure to execute the contract within
ten (10 ) days after the notice of~award o£ centra,rt has been mailed, unless the
City i_s responsib3~~~for the delay. The Gity Council mayt,on refusal or fa?lure
of,the successful b;~~er to execute the contact award it to the rext lowest
responsible t53dd~'r.~. ~S£~,the :ity Council a4rards the contract to the next lowest
bidder, the amount o£ the lowest bidder~s security shall be applied by the City
to the di££erence between the low bid ar±d the-second 7.ow¢st bid~ and the surplus~
i£ any, shall be returned to the lowest bid3er.
(c) Bid Opening Procedure. Sealed bids shall be'submitted to the
Purchasing 0£f3cer and shall be identified as bids on the envelope, Bida shall
be opened in public at the ti.me and place stated.in the public notices. A
t~bulati:on o£ all bids aeceiqed sha.ll be open ofor public inspection dtzring regular
business hours fc,r a period of not less than thi.rty (30) calen3ar days '~fter the kid
cP°ning. '
(d) Re3ection of Bi3s. In its d~scretion, the City Goun~iT may reject
any and all bids presented.and re-advertise £or bids. ~~I
(e) Award of Contracts. Contracts shall be awarded by the City Council
to the lowest.responsible idder except as otherurise prov9d~d harein. -~
(f) Tie Bids. If two or more bi:ds received are 'for the same total
amount or uriit price, quality and service being egual an3 i£ the public~interest
will ~ot permit the delay of re-advertising £or bids, the City Counciit may
accept the bne it chooses or accept the lowest bid made by negotiation with the
tie bidders at the time of the b3,d opening,
(g) Performance Bonds. The City Council shall have authority to require
a performance bon e ore en ering a contract in sizch?i amount as it shall find
reasonably necessary to protect the best interests of thc City. Sf the City Council
requires a performance bond~ the £orm and amount o£ the bond sha.ll be describe3
in the notice i.nviting bids.
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SECTION 11. OPEN MARKE?' PROCEDtTR.E. Purchases o£ sup~lir_s~ equipment~
contractual services~ a s s persona property of an es~imated value in
the amount ~1000.00 or less may be mada by the Purchasing Officer in the open
market without observing the proceduPe prescri.bed by Section 10.
(a) Minimum Number of Bids. ~pen market purchases shall, wherever ;~;
possmble~ be based on at least three bids~ and shall be awarded to the lowest
responsible bidder.
(b) Notice Inviting Bids. The purchasing 0£ficer shall solicit bida
by written rmquests to prospective vendors~ by telephone~ or any other means,
(c;} Written Bids. Sealed written bids shall be submitted t o
the Purchasing Of£icer who shall keep a record of sll open market orders and bids
for a peri.od o£ one year after the submission of bids or the placing of orders.
This record~ while so kept~ shall be open to public inspection.
SECTION 12. ZNSPECTION 9ND TESTING. The Purchasi_ng Officer shall inspect
supplies and equinment delivered, and contractual services perfozmed, t o determine
their conformance with the specifications set forth in the order or contract.
Tk:e Purchasing Officer shall have authorit.y to req_uire chemical and physical tests
of samples submitted with bids and samples of deliverie~ which are necessary to
determine their quality and conPormance with speci£ications,
SECTION 13 SURPLUS SiTPPLIES f1ND FQIIIPNIE?~TT. All using agencies shall submit
to the Purchasing 0£ficer~ at such times and in such form as he shall prescribe~
reports sY:owing all supplies an3 equipment which are no longer used or which have
become obsolete or worn out. The Purchasin~ Officer shall have authority to sell
all supplies and equipment which r.annot be used by any agency or which have become
u:tsuitable £or City use, or to Cxck~nge the same £or~ or trade in the same on~
new supplies and equi.pment. Such sales shall be made pursuant to Section 10-or-11~
whichever is applicable.
S~'CTION ZG. SEVERABLTITY. If an~ section~ subsection, subdivision, sentence,
clause or phrase of this ordinance 3~s for any reason held to be undonstitutional or
otherwise invalid, such decision shall not affect the validity o£ the remaining
portions of this ordinance. The City Council hereby declares that it t~rould have
passed this ordinance, and each section, subsection, subdivision, sentence, clause
and phrase thero£, irrespective ci t•he Fact that any one or more sections, sub-
aections, subdivisions, sentences, c].auses or phrases be declared unsonstitutional.
I. R. W. Coodwin, duly elected~ qualified and acting
City Clerk of the City o£ Elsinore hereby certif`y that
the foregoing ordinance was £irat read to the Gity Council
! on the 21~th day o~ February 1958 and was
passed and adonted at a regular meeting of said City
!---' Council on the lOth day of March 195$ by following vote:
Ayes: Westphal, Vi11a,,Seita, French, Hull
Noes: None
Absent: None
R. W, Goo3win
City~Clerk n
Gi.ty of' Elsinore