Loading...
HomeMy WebLinkAboutOrd. No. 1961-397-3981.7 SECTION 9.- EFFECTIVE DATE,.- This ordinance shall take effect 30 days after its adoption, but ection $ shall~be operative until 3 months after the date of adoption. (not) CITY OE ELSINORE COUNTY OF RIVERSIDE STATE OF CALIFORNIA Attest:. Florene Kunkle .Thomas C. Bartlett City Clerk .. Mayor of ,the City of Elsinore I hereby certify that at a regular meeting of the City Council 'of the:City:of Elsinore held on October.l0, 1960,;the fore- goingordinance consisting of _9 ,sections was 'adopted by%sad_ council by the following vote: Ayes: Noes;_. Absent: Florene Kunkle City-Clerk of the ,City of Elsinore ORDINANCE NO. 396 ~, An Ordinance of the_City,of Elsinore, a California Municipality, providing for the licensing and impounding•of dogs:, regulating the keeping and control of dogs and providing penalties for the violation thereof, and. :revoking-,all former ORDINANCES IN CONFLICT THEREWITH, <-.. The City Qouncil of the City of Elsinore does ordain as follows: Section I:--EFINITIONS:-,Whenever in this Ordinance .the following terms are used, they shall.,be deemedc and ..construed .to have the meaning.:ascrbed to them in this:,aection,,:unless it i~,apparant' from the.~ontext thereof, that-a:different ;. .meanng_is intended. <,. DOGS: Anv doe over the aae of three. months. UNLICENSED DOGS: ,Any dog for which-the license tax for-.the current year as provided in this ORDINANCE, has not been paid or any,-dog to which the tag provided for in-.this Ordinance is not.attaehed. DOGS: _ Runnirie at ,lame prohibited. Every pe3~son owning or having.-.charge, care, custody .or control of any dog, of any age, shall keep such dog...exclusively-upon, his own premises; - provided, however,: that-such dog may be off such premises;ifr it is under the control of a competent person and restrained by a snbsta.ntial.chain or :leash not exceeding six feet in length.. KENNEL: Any lot, .building, structure, enclosure or place: within or upon which three (3) or more dogs are kept and maintained. ' IMPOUNDED: .Having been taken into the custody of the pound- master. OWNER: Any person keeping or operating or having control or custodg of ;any dog;,,for,15 consecutive-days shall-be<beemed to be,the owner of uch d•og within the meaning of -this ordinance, ~xGept any veterinarian duly licensed or; practicing as such, and.having.in hie. possession. or control any dog for the purpose of treatment.. POUNDMASTER:-. The person oharged by this Ordinance with the administration and enforcement-of the provisions hereof and I X72 whose employment is'proVided gether with such deputies"as master. VICIOUS DOG: Any dog :which without provocation or which to attack'or'tiite any person for herein, or otherwise, to- may be allowed to-said Pound- Zas bitten a person or anima-1 has a disposition"or propensity or animal. Section II: a The. owner of every dog within the incorporated limits of the Cit of Elsinore shall pay annually a license tax y thereon at the rate. of 3.00 for each. male dog or spayed female dog, and X5.00 for each unspayed female dog.' (b} Any person, firm or corporation owning, conducting, managing, or operating any dog kennel within the corporate limits of said-City shall pay for the privilege of"maintaining or operating such kennel; in lieu of the"individual-'dog license tax prodded for hereinabove", a""license tax on such kennel as follows: For any such kennel containing more than 2 dogs and less than 10 dogs the sum of X7.00 per year or fraction"Ehereof; 10 and less than 20 dogs the sum of X20.00 per hear or fraction thereof; 20 or more dogs the sum of X30.00 per year `or fraction thereof; provided however, upon removal of any dog from any licensed kennel by sale or transfer of ownership, other than. a transfer to another kennel, such dog shall thereupon become subje,Gt to the provisi~ns_of Sub-section (a) hereof, and any kennel 'tax theretofore paid upon=such dog shall be of no further force or effedt.. (c) Such. license tax shall be paid annually to the City Clerk and shwa be due and payable in advance on July first of :each year end shall expire on June '30 of the next succeeding year. In any`case where during any fiscal year the number of dogs it any licensed kennel is increased to"a number in excess of the number for which a kennel"license shall have been' issued,-the person,-firm or corporation conducting, managing or operating"sueh kennel shall obtain a<new Ticense therefor, such new license to cover the increased"number`of dogs therein, and upon the°surrender to the City Clerk of the unexpired license for such-kennel, the City Clerk shall'caneel such unexpired license and shall allow as a credit upon the license fee for'such"riew''license the amount originally paid for such cancelled"liC~nse.-' Any license tax"paid by vrirsue of the. provisions of'?this-Ordinance shall not=b'e returned or refundable. (d) Each"such licerise`sha1T state the"name and residence address of the-person to whom such Iice,'nse is'i"ssued, the amount paid therefor, the date"when issued, tYe date on which such license shall expire, and in the ease of.an individual dog license, a descrptions'of the_dog_for which such: license is issued, and the number of the metallic tag accompanying such lieense;.;which metallic tag !is hereby required and authorised, and shall be furni°shed at the expense of the City. Each kennel 1%cense shall=show the "maximum number of`dogs- which may be;'kept in such kennel 'under authority of =such 'license. With each"license for any individual dog, there ..shall be'issued and "delivered 'to the person securing.the license a metal `tag' with a §erial`number'of-the license and'the-year fo`r'ti*hich issued,;"Duplicate of lost lieense'`tag inay be ,pprocured upon exhibito~i`of`the original license"and 'the payment 'of X100 therefor. "e)"At the time'6f payment of the'fee fore"a dog license,' the applicant.; herefor,",shall deliver to the City Clerk a certificate of vaccination, signed by a veterinarian licensed tc practice a~ sueh>in the`State, certifying-that hs vaccinated the dog 'for-which a license is sought with"oanine rabies vaccine. One injection or approved method ,': within a period of"twelve months, and giving the date of such vaccination, the breed .or' type of such dog and the"name "of :the one owning or harboring +.t,o same. a ion III: KENNELS. No kennel shall'be established or main ^porate lines of the City of Elsinore wit consent>of the'Plannink Commission `in 1 oning nce eedure a of the rained wthin`the lout "first obtaining ie form of a variance. i consent' or variance ity of Elsinore .for securing of Lon `shall--have the authority. to limit and restrict any`consent or variance in any way-that such Commission deems necessary under the circumstances.with regard to location; neighborhood and proper planning. Any such consent or.variance shall be revocable at any time `by the said Commission, for cause, at the"discretion bF the 'Commission. Section IVt CITY POUNDMASTER AND 'ASSISTANTS.' ('a) The City Council shall appoint a poundmaster who shall be compensated at such rate as the council shall establish. The Gty Council may appoint such deputy poundmasters as the - City Council shall determine to be necessary.. It ,shall be the duty of the poundmaster to enforce the terms of this ordinance and for such purposes he 'is hereby designated a pease officer. .I .It shall be the duty of the Chief of Police and all the officers ~ of the City of Elsinore to enforce all provisions of this ~- -ordinance. All such persons are hereby empowered, and it shall be their duty-to enter on any property where 'any dog is kept orbelieved-by them to be'kept, for the purpose of ascertaining whether any such dog is kept or otherwise harbored 'in violation of any of the provisions of this ordinance.' ('b) It shall`further be $he duty"of the poundmaster o (1) make such 'reports to the .City Council as the City Council may require,>re>lative to his activities as such poundmaster and performance of his duties in accordance. with-this ordinance. 2) To receive, take up and impound any and all dogs found .running at-large contrarq to the provisions of this ordinance or_'in violation of any law of the State of California. (3) To -regularlq and adequately feed, water and otherwise care'for all dogs impounded under the provisions of this ordinance. (4}'To investgate'tTie condition and behavior of any dog which he has reason ao-:believe is vicious'or dangerous, and Y he finds `such dog to be vicious in its habits, he shall report his findings in writing to the owner of such dog, if the name and whereabouts of such owner is know. Every vicious dog is''subject to'summary destruction if found at large. (5} To do and perform any other acts necessary to -carry out the provisions of this Ordinance. (c) It shall be the 'duty of the City Clerk to (1) collect -the license taxes and to issue the license and tags herein provided for'. (2') To keep a record of each and every licspse ~ collected and=:'each and every tag delivered. - Section V: DISPOSITION OF IMPOUNDABLE ANIMALS, (a) No impounded dog shall be redeemed except on payment of a pound"fee in the sum of X2.00, plus a care and feeding charge of X1:00 forreach day or portion thereof durng`whch' such dog shall have been impounded. No dog which is to be kept or harbored within=the corporate limits of the City 'of "Elsinore shall be released-:from the'POund"unless, or until it is duly' licensed in accordance with the provisions hereof. No unredeemed dog shall be ':sold for more than the Pound fee plus the cost of care and feeding and-, provided, however, that'no such dog .shall be sold if or'while-the same is suffering from any infections or-communicable disease. - ,. (b) Any licensed impounded'-dog may be redeemed by the-owner thereof within five-(5} days from the time of notification of such-.impounding. Upon'-impounding a 3icensed'dog-the poundmaster shall immediately give notice to'the owner, at the-address upon: the license tag•, of the impounding of such 'dog. Such notice shall be through the United States mail. 3f such dog's not redeemed within five (5) days of the mailing of such notice, the poundmaster map sell or destroy such dog,- )c} Any unlicensed "impounded dog may be"redeemed within' -~ seventy-two "(72) hours after it is impounded r' Upom impounding such unlicensed dog`the poundmaster-shall immediately give-' ~ notice-to the owner, if known, of the impounding of such dog, if such dog is not redeemed .after-three (3 )`days of such`notice having been given, the poundmaster may sell or destroy such dog. In the event the poundmaster does not. know the owner of such dog and the same cannot be reasonably ascertained he shall be empowered to sell or destroy such dog seventy-two (72} hours after impounding the same. (d) The poundmaster may by humane methods summarily destroy: (1) Any impounded dog which is suffering £rom an incurable, dangerous or contagious disease. (2) Any impounded unlicensed vicious dog, (e) Whenever the poundmaster sells any impounded or unre- deemed dog, he shall issue a Bill of Sale to the purchaser thereof, which Bill of Sale shall operate to vest complete title to said dog in such purchase. 1.7:4: Section Vl: CERTAIN ACTS,MADE UNLAWFUL. .It.. shall'be ,unlawful; - `-- (a) For the owner. of .any dog to fail or neglect or refuse to obtain'a license for such dog as herin required. (b} For an owner of any dog.:.to fail or neglect o keep fastened to'such dog.;. the tag herein provided to be issued to such owner, except while such dog remains indoors or°in an' enclosed yard or pen. (c} For an owner to permit any dog to run at large at any time within the corporate .limits of the City of Elsinore. (d) For an owner of any vicious dog, knowing of its vicious- ~ ness, to failor negl~ct to keep posted; in a conspicous place, ' "- at or .near the entrance of the premises on which said dog is " kept, a sign having-.letters at least two (2} inches,in he'ght:, . reading "BEWA&E OF VICIOUS DOG." - - I (e) For .any person to-interfere with, oppose or resist the { poundmaster or: other person charged with the enforcement of this l ordinance, which such Poundmaster or such other-person or persons ! may ,be :,engaged in the performance of their duties hereunder. (f} For any person to attach any current license tag~to any dog other than the dog for-which su;eh license. tag was originally issued., , (g} For"any person other than the-owner to remove from any f dog any tag which has been attached to; uch dog pursuant to the provisions of 'this Ordinance or for any-;per?son.to counterfeit ~ or. imitate any such tag, or attach a counterfeit or-.imitation ~ tag to any dog or to,possess any such counterfeit tag. '- ~ (hr For'any person to remove any impounded animal-from bhe` i C:ty Pound without the consent of-the poundmaster. ; ~ (i) For any person, knowingly, to violate or cause to be violated any of he provisions of this ordinance not otherwise provided for in this section. ~ Section V1I: ;PENALTY. Any persoh, firm or corporation violating any of the pro- visions of this Ordinance shall be deemed, guilty of a misde- ~`, meanor and upon conviction thereof, shall be punished by a fine of not ..more tHan Three Hundred 0300) dollars ,r or by-imprisonment for not more than three (33 months, or by both fine 'and imprison- ment. Any dad upon which any volationyof the=provisions of. this Ordinance occurs shall be a separate offense. Section. VIII :." CITY POUND..- The City:`shall at its own expense maintain a City Pound. All obligations and.maintenance:of the G,ity Pound. shall be-a legal charge against the City of Elsinore and ,the. .City Council shall at appr~Opriate,times cause necessary monies. to: be appropriated.:to meet and pay said. obligations.;. - Section IX: •VALIDITY. ` If any section,, subsection, sentence, clause or phrase of k. this Ordinance is•for any reason held to be unconstitutional-or invalid, such decision shall not affectthe validity'or;con- ~ stitutionality.of the remaining :portions of ths_Ordinance. I' The City Council hereby declares this Ordinance and+each and" every sections,subsection, entence, clause or~phrase thereof, would.~iade.been passed irrespective of~the fact that>one or-more of the.sections,.s,ubsections, sentences, clauses or phrases., ,_ thereof'.be declared-.unconstitutional or invalid.' ~ Section.%i The City Clerk shall :certify to the passage and ~ adoption o#'.this Ordinance and shall cause the same;to be published t once ii~'the ;Elsinore-.Valley Sun,• a weekly newspaper ;of general ~ ~ circulation printed and pub ished;;in the. City ,of Elsinore, r- California;Tthe same .shall thereafter take,effedt and become ' G c i- ~' ! ope"restive in the manner pronicFed'-°by law.. • ., . ,. _; c: ' _ E ( ~; ~, f r ; , ,; 4 INTRODUCED at the regular meeting of'the City Council of the City of Elsinore held the 2~th day of 'February,, 1961. MOVED, PASSED, AND ADOPTED this 13th day of March, 1961 by the following roll call vote: Ayes: Stewart,.Berry,..Hitt. Noes: Yarborough Passed: .Bartlett. 1_ Attest; Florene Kunkle Thomas C. Bartlett City Clerk Mayor of the City of Elsinore I, Florene Kunkle, City Clerk of the City of .Elsinore do hereby certifq that the above Ordinance No. 396 is a true and correct .copy of said ordinance of the Citq of Elsinore, passed on the 13th day of March, 196E Witness my hand and official seal: Florene Kunkle City Clerk of the City of Elsinore CRDIN'ANCE N0. 397 '~ AN ORDINANCE OF THE CITY CF ELSINORE, STATE OF CAi.IFGRNIA, REQUIRING A PERMIT TO DRILL A PdATER VTELL, REQUIRING THE :FILING OF REPORTS, THE PAY- MENT OF APPLICATIGN FEE AND ANNUAL-FEES At1D PROVIDING FOR A PENALTY FCR VIOLATIOD?S. The City Council of the City of Elsinore, State of California, does ordain as follovrs; SECTION l: It shall be unlawful for any. person, firm, corporation, or association of perscns to drill, dig, excavate or: bore a water well .without first having procured a permit tc so do from the City Clerk_ of the City of Elsincre, California. SECTION 2; Any person, firm, corporation or association. of persons hereafter dril7.ing, digging, excavating or boring a water well sha_11 file with the City .Clerk of the City of Elsinore, California, and with .the Health Officer of River- side County, `California, a report of such water well within (30) thirty days after its construction has been completed or abandoned. SECTION 3; The construction of every well shall be such ° that it is water-tight from a point above. the ground. surface to such a depth as is necessary to exclude contamination. This report shall set-forth such information as the City Clerk of of the Citp of Elsinore, California and the Health Officer of the. County of Riverside, may require, including but not limited to (a') description of the: exact location of the well; (b) detailed log of the well; (c)descrption of type of construction;` (d) methods of perforation; (e) methods used for sealing offsurfac~ or contaminated waters, and depth to which it is sealed off; and (f) such other in- formation as may be required by the. City Clerk of the City of Elsinore,' California,. and the Health Officer of the County of Riverside. SECTION 4s A Fee o£ twenty-five dollars (25.00) shall be charged for-each permit issued and in addition thereto, an annual charge in the amount of ten dollars (~s10.00) shall be paid by the person holdir_g'said permit, Such annual payments shall be paid to the City Clerk of~the City of 1`I F Elsinore, California,.,on or before the 15th day of March of each and every year following the year that such permit is issued. SECTIOT N 5 Any person, firm, corporation or"aSsociat.ion of persons violating or failing or neglecting or refusing to compl}= with the provisions of this Ordinance shall be guilty of a misdemeanor, and'upon conviction thereof shall be punished by a fine of not to exceed the sum of_One Hundred Dollars 0 100.00), or by imprisonment in'tfie Count}= Jail for a period of not more than three. (3) months, or by both such fine and imprisonment. Each day'upon which any violation of the provisions of this Ordinance occurs shall be a. separate offense. The City Clerk of the Cit}= of Elsinore, California,., shall certify o he passage and adoption of this'"Ordnarice`arid shall!eause the same"to be published once in a weekly newspaper of general circi:lation, printed and published in the City of Elsinore, California; the same shall there- a.fter'"take effect'and'become`operative in the manner pro- ,. Bided by Taw. Introduced at the regular meeting o.f the City Council of the City of Elsinore, California, held .on the ll~th da.y of August, 1961. T~4oved, passed and"adopted this 2$th day of August, 1961, by the following roll count vote: ......Ayes: Stewart., Yarborough, Bartlett. Noes: Berry, Hitt. Absent: None I hereby approve this Ordinance this 2$th day of August, 1961. Attest• Florene Kunkle Thomas C. Bartlett City Clerk Niayour ORDINANCE N0. 39$ ~~ ' AN OP~DINP,NCE OF THE CITY OF ELSINORE, CALIFORNIA; AMEDIDING SECTIONS 7 AND '$ OF ORDINANCE N0. 372,_ TO PROVIDE FOR A PENALTY FOR VIOLATION OF SAID ORDIRTANC~. „ The City Council of the 'City of Elsinore does .hereby ordain as follows: SECTIONS 7 and $ of Ordinance No. 372 are hereby amended to read as follows:: SECTION 7: The grade of each restaurant shall be evidenced by the posting of a card bearing a letter "A", "B" or "C". The letter "ATM. shall indicate a grade of 90% or higher. The letter "B".shall indicate a grade of less than 9~ but not less than $O%. The letter "C" shall indicate a -grade of less than $0°fo. Said cards skull be prepared and provided by the Health -0fficer, and shall be of dimensions of not less than 9 ...inches by 11 inches, and the grade letter shall be not more than 5,inches in height. One o£ such cards-shall be posted in a conspicuous place selected by the Health Officer at or near each entrance to the restaurant, which entrance is for the use of :patrons, .and the card shall not be removed except by the Health Officer. 'Within the limits of this ordinance, the face of the card may be changed from time. to time by the Health Officer with the approval of the City Council by resolution. Until such time as the ..cards are changed, they shall be substantially in words and Figures as follows.: THIS ESTABLISHI~IEPIT HAS COMPLIED WITH SANITARY REQUIREMENTS FOR GRADE ~, .. ._ A, B, or C (as the case may be) . CITY HEALTH OFFICER .(Name of~Health Officer)CITy OF ELSIPICRE, CALIFORNIA PEATALTY FOR REMOVAL Grade "A" cards shall be printed in blue and grade "B't cards shall be in green and grade "C" cards shall be in red. r The continued operation of a restaurant under sanitary conditions which are graded at less than $Oj~, is not in the public interest a nd creates a potential danger to the public health and welfare, unless the sanitary con- ditions of any restaurant having a grade of less than $Of are improved within the period of thirty days after service of written notice, so that the restaurant receives and maintains a grade of $Of or higher, the sanitation certificate may be revoked by the Health Officer. Such written notice is sufficient if it specifies the parti- culars of the equipment and methods which fail to comply with the requirements and served upon the owner, operator or person in charge of the restaurant. SECTION $: Penalty -Any person, firm or corporation violating any of the provisions of Ordinance No. 372 shall be deemed guilty of a misdemeanor and upon con- viction thereof shall be punished by a fine of not more than ~~300.00, or by imprisonment for-not more than three months, or by both fine and imprisonment. Any day upon which any violation of the provisions_of this ordinance occurs shall be a separate offense. provided by law. The City Clerk shall certif,~ to the passage and a-doption of this ordinance and shall cause the Same to be published once in a weekly newspaper of general circulation, printed and published in the City of Elsinore, California; the same shall thereafter take effect and become operative in the manner Adopted by the City Council and signed. by the Mayor and attested by the City Clerk this 12th. day of June, 1961. Attest: Florene Kunkle City Clerk Thomas C. Bartlett Mayor of th.e City of Elsinore b.