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HomeMy WebLinkAboutOrd. No. 1974-535 ORDINANCE NO. y~_ AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALI- FORNIA, PROHIBITING THE RUNDIING AT LAP.GE OF DOMESTIC FOb~Tt,S OR DOMESTIC ANIMALS -0TFiER THAN DOGS OR CAT5 AND PROVIDING FOR THEIR IMPOUNDING. THE i~iAYOR AND THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DO ORDAIN AS FOLLOWS: Section l: Definitions: Whenever in this ordinance the words herein defined are used they shall have the respective meanings assigned to them in the following definitions: (a) "Animal"includes any domestic bovine animal, horse,, mule, burro, sheep, goat, swine or other domestic mammal except a dog or cat. {b} "Fowl" includes any chicken, duck, turkey, goose or other domestic fowl. (c) "Animal Control Officer" means the Animal Control Officer of the City of Lake Elsinore, California, or his designated representative. (d) "At large" means off the premises of, and not under. physical restraint. by, the owner or other person having charge of an animal. Section 2: Animals. or Fouls at Large Prohibited. Na person owning or having charge of ang animal or foal shall permit L-he same to be at large on any highway, street, sidewal};., lane, alley or other public place, or upon any private property other than that of the person owning os having charge of such animal or fowl ,:xnless such owner or person having charge of such animal or fowl has the consent of the owner of the private property. Section 3: Exemption, This ordinance shall not prohibit i.eading, driving,-riding or conducting animals under adequate super- vision along a public highway. Section 4: Impounding Animals. It shall be the duty of the Animal Control Officer to take up and impound all animals found ut 1~.~'g~ upon any highway, street, sidewalk, land, alley or ether - 1 - .. -'. \ : . public place, or upon any private property without its owner's consent. The Animal Control Officer may contract. with any person to keep, feed and care for any such animal at reasonable rates for not more than 20 days. Section 5: Disposition of Animals, Rabid or Disabled. If it shall. appear to the Animal Control Officer from the report of a licensed veterinarian or other qualified perscn that an animal is afflicted with rabies, he shall humanely destroy such animal, and. shall take such other action as may be required by law and as he deems necessary to prevent tha_ spread of such disease. He may humanely destroy any sick, disabled; infirm or crippled animal found at large if he is unable to identify and locate the owner. Section 6: Disposition of Bovine Animals, Horses, Mules or Burros. If the Animal Control Officer impounds any bovine animal, horse, mule, or burro, and if such animal is not reclaimed within 5 days thereafter, the Animal Control Officer shall notify the State D?..re.ctor of Agriculture in accordance with the provisions of Agricultural Code Section 17003. If the Director of Agriculture does not, within 5 days after notice, elect to dispose of any horse, mule or burro, then the Animal Control Officer shall sell such animal in accordance with this ordinance, Section 7: Disposition of .Other Animals. 'If any animal other than a domestic bovine animal, horse, mule, or, burro, and except an animal afflicted.with rabies, impounded by the Animal Control Office, is not reclaimed within 2 days thereafter, it shall be sold by the Animal Control Officer after giving notire of sale in accordance with Section 8 of .this ordinance. Section 8: Notice of .Sale. -The notice of sale shall contain a description of the animal, including .any identifying marks or brands; the date and place orhere the animal -was taken up; andthe time and place of sale. At least5 days prior 'to thz sale of any impounded animal, the. Anir:al Control Officer shall cause a copy of the notice to be published an a neti7spaper circulated s in the area where the animal was found, and shall mail a copy of the notice to the owner or person entitled to possession of the animal. at his residence or place of business, if known. Section 9: Sale of Animals. At the time and place set forth in the notice of sale, the Animal Control Officer shall sell the impounded animal. at public sale, to the highest bidder, for cash. If no bid is offered for such animal, the Animal Control Officer may sell such animal at private sale or humanely destroy such animal, or otherwise dispose of it as permitted by law. Section 10: Proceeds of Sale. The proceeds of such sale, after first deducting fees and charges of the Animal Control Officer, including costs of sale, shall be paid by the Animal Control Officer to the City Treasurer who shall pay them over to the owner of such animal sold if claimed within .one year thereafter. If not so claimed, they. shall be transferred into the general fund of the City. Section 11; Redemption of Animals by the Owner. The owner or person entitled to possession of .any animal impounded, may at any time before the sale or other disposition, thereof, redeem the same by paying the. Animal Control Officer all fees and charges thereon. Section 12: Costs of Redemption. The Animal Control Officer shall charge and collect from each .person redeeming an impounded animal an impounding fee, plus the actual costs of transporting the animal and maintaining .the animal while impounded including costs of sale incurred. The impounding fee sha]_1 be, from time to time, set by resolution of the City Council. Section 13: Penalty. A violation of Section 2 of this ordinance is a misdemeanor punishable by a fine of not more than $5A0, or by imprisonment in the County jail for not more than 6 months, or by both such fine and imprisonment. Section 14: Effective date. This ordinance shall take effect 30 .days after its adoption. - 3 - t" s Section 14: The City Clerk is hereby ordered and directed i to certify the passage of this Ordinance-and cause the same. to be published. in the manner provided by law. ADOPTED by the Mayor and City Council and signed by the TRayor and attested to by the City Clerk this_2Fith i, day of August 1974.. s/Norman L. Chaffin Mayor of the Ca.ty of Lake Elsinore ATTEST: ' s/Florene Marshall .City Clerk of the City of Lake Elsinore Publish Sept. 12, 1974 1 i j ~._.. -_ 4 -