Ordinance - 1585ORDINANCE NO. 1585
AN ORDINANCE OF THE CITY OF WEST COVINA,
CALIFORNIA, AMENDING CHAPTER 6 RELATIVE TO
ANIMALS AND FOWL
THE CITY COUNCIL OF THE CITY OF WEST COVINA DOES
HEREBY ORDAIN AS FOLLOWS:
• SECTION ONE. Sections 6-9, 6-36, 6-39, 6-40,
6-41, 6-42, 6-43, 6-44, 6-45 and 6-56 of the West Covina
Municipal Code are amended as follows:
SEC. 6-9. Right of entry for rabies,
permit, license, tag, or other required inspection;
capture of hazardous, dangerous or unsafe
animals.
(a) Whenever it is necessary to make an
inspection to enforce any of the provisions of or
perform any duty imposed by this Chapter, or
whenever any police officer or any officer
or employee of the contract pound service has
probable cause to believe that there exists in any
building or upon any premises any violation of the
provisions of this Chapter.or other applicable
law, a police officer or any officer or employee
of the contract pound service is hereby authorized
to enter such property at any reasonable time. and
to inspect the same and perform any duty imposed
upon a police officer or an officer or employee of
the contract pound service by this Code or other
applicable law; provided that:
• (1) If such property be occupied, he
shall first present proper credentials to the
occupant and request entry explaining his
reasons therefor. If such entry is refused
or cannot be obtained because the owner or
other person having charge or control of the
property cannot be found after due diligence,
the police officer or any officer or employee
of the contract pound service shall have
recourse to every remedy provided by law
to secure lawful entry and inspect the
property.
(2) If such property be unoccupied,
he shall first make a reasonable effort to
locate the owner or other persons having
charge or control of the property and
request entry, explaining his reasons
therefor. If such entry is refused or
cannot be obtained because the owner or
other person having charge or control of
the property cannot be found after due
diligence, the police officer or any
officer or employee of the contract pound
service shall have recourse to every remedy
• provided by law to secure lawful entry and
inspect the property.
(b) Notwithstanding the foregoing, if a
police officer or an officer or employee of the
contract pound service has probable cause to
believe that the keeping or maintaining of any
animal is so hazardous, unsafe or dangerous as
to require immediate inspection to safeguard the
animal or the public health or safety, he shall
have the right immediately to enter and inspect
such property, and may use any reasonable means
required to effect such entry and make such
inspection, whether such property be occupied or
unoccupied and whether or not permission to
inspect has been obtained. If the property be
• occupied, he shall first present proper creden-
tials to the occupant and demand entry, explaining
his reasons therefor and purpose of his inspection.
If, upon inspection, he shall have probable
cause to believe the animal is hazardous, unsafe
or dangerous, he shall capture and remove it.
If the animal is a dog, it shall be impounded as
provided for in Section 6-44. Otherwise, it
shall be impounded as provided for in Section
6-6.
(c) No person shall fail or refuse, after
proper demand has been made upon him as provided
in Subsection (b) of this section, to permit any
police officer or any officer or employee of the
contract pound service to make any inspection
provided for by Subsection (b) of this section.
Any person violating this subsection shall be
guilty of a misdemeanor.
(d) The permittee or licensee of any
permit or license issued pursuant to this article,
by accepting such permit, does thereby consent and
agree to the entry upon the premises described in
the permit by any police officer or officer or
• employee of the contract pound service for the
purpose of conducting such inspections as are
required by this Chapter or other applicable law.
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SEC. 6-10. Disposition of license fees and
expenses; city fiscal operations.
All money collected by the .City Clerk for
licenses, permits, and fees shall be paid into the
city treasury for the general fund, and all
expenses incurred in carrying out or enforcing the
provisions of this chapter shall be paid our of
the general fund.
SEC. 6-36. Required; exemptions.
(a) Every person keeping, harboring or
having within the city any dog over the age of
four.(4) months shall, within thirty (30) days
after such dog attains the age of four (4)
months or after first bringing such dog into the
city, obtain and continuously maintain for such
dog a current and valid dog license issued by
the city clerk and shall comply with the vacci-
nation provisions of this article.
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(b) The provisions of paragraph (a) of
this section shall not apply to a dog which has
been trained and is qualified to act as a guide
for the blind.
(c) Notwithstanding the provisions of this
division, the provisions relating to licensing
shall not apply to dogs under six (6) months of
age provided they are kept within enclosures at
all times.
SEC. 6-39. Performance of licensing duties.
• The licensing functions and duties imposed by
this division on the city clerk may be performed
by the contract pound service.
SEC. 6-40. To be attached to dog.
The owner of any`dog licensed as provided in
this division shall securely fasten about the neck
of the dog a collar with the tag attached thereto
bearing the number of such license.
SEC. 6-41. Receipts and tags.
The city clerk shall give to each person
paying the license fee required by this division a
receipt stating the amount and date of payment and
the date of expiration of such license, and
containing a brief description of the dog, and he
shall furnish the owner a numbered tag of a
durable material.
SEC. 6-42. Register of licenses.
The city clerk shall keep a register of all
licenses issued, showing the name of the licensee,
• date of issuance, date of expiration, description
of the dog, and the number of the tag.
•
SEC. 6-43. Impoundment of unlicensed dogs.
(a) Generally. The contracting pound
service of the city shall capture and impound any
dog found within the city limits which is not
wearing a license issued by the city, or by any
other municipality in the county or by the county;
provided, that if the dog has been seized pursuant
to an inspection on private property as is provided
in Section 6-9, and the owner or the person who
has the right to control the dog is not home, then
the police officer of the officer or employee of
the contracting pound service shall post a notice
of such impounding on the front door of the living
unit of the owner or person who has a right to
control the dog. Such notice shall state the
following: that the dog has been impounded,
where the dog is being held,,the name, address,
and telephone number of the agency or person to be
contacted regarding release of the dog, and an
indication of the ultimate disposition of the dog
if no action to regain it is taken within a
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specified period of time by its owner or by the
person who has the right to control the dog.
(b) Search. Any officer or employee of
the contracting pound service and any police
officer of the city, shall have the right and duty
to enter upon any private property or public
property in the city in order to inspect or
capture any dog thereon or therein as provided in
section 6-9.
(c) Release requirements. No dog so impounded
shall be released to any person except where there
• has been a performance of the following conditions:
(1) Presentation of a current license.
There has been presented to the pound master
a current license for such dog issued by the
city, or if the person keeping, harboring or
having such dog is not a resident of the
city, such nonresident person has presented
to the pound master a current license con-
forming to this division for such dog
issued by any other municipality in the
county or by the county.
(2) Payment of license fee. Where
the person keeping, harboring or having such
dog is a resident of the city, there has been
paid to the city clerk the license fee for a
city dog license as provided by law.
(3) Payment of impounding fees. There
has been paid to the pound master the impound-
ing, collection and other fees as provided by
law.
(4) Payment of vaccination fee. There
• has been paid to the pound master a reasonable
fee as determined by the pound master for the
vaccination of such dog; provided, however,
that such fee shall not exceed five dollars
($5.00); or there has been shown to the
satisfaction of the pound master that such
dog has been vaccinated with rabies vaccine
within the time periods according to the
other requirements as prescribed in sections
6-43(a) and 6-54; and
•
(5) Inspection for rabies. The pound
master has determined that such dog does not
have and is not reasonably suspected of
having rabies.
(d) Vaccination; release. Within seventy-two
(72) hours after the receipt of the aforesaid
vaccination fee, or as soon thereafter as possible,
and except as provided in paragraph (e) of this
section, the pound master shall cause the dog for
whom the fee has been paid to be vaccinated by a
person licensed by the state to practice veterinary
medicine. After the dog has been vaccinated, and
if all the conditions of paragraph (c) of this
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section have been satisfied, the pound master
shall release such dog to the person keeping,
harboring or having such dog or to the person
making application for the release of such
dog.
(e) Suspicion of rabies. If the pound
master suspects that any dog so impounded has
rabies he shall hold such dog for inspection by a
health officer of the county. In the event that
such health officer suspects that such dog may
develop rabies, it shall be confined for such time
as the health officer shall direct. Whenever such
• health officer shall determine that such dog does
not have rabies, it shall be released in accordance
with the provisions of paragraph (c) of this
section.
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SEC. 6-44. Impoundment of dogs.
Every dog found running at large without a
license tag as required by section 6-36(a) shall
be by the chief of police, or someone designated
by him, impounded at the pound and kept there for
a period of seventy-two (72) hours, within
which time if the ownership of the dog is proven '
and the owner calls for it he shall be able to
remove it on the payment of the fees referred to
in section 6-43 of this chapter. If such dog is
licensed and the license tag is lost, the owner
shall be able to remove such dog upon the replace-
ment of the license tag at the expense of the
owner. If such dog is unlicensed, the owner shall
be able to remove it upon the delivery of a
certificate of vaccination to the city clerk and
the payment of the license fee in accordance with
the provisions of this division, and thereupon
such owner so reclaiming such dog shall be
entitled to a license and numbered tag as provided
in this division.
SEC. 6-45. Same -- Disposal of unclaimed dogs.
If the ownership of a dog impounded pursuant
to section 6-44 is not proven within the time
allowed by such section, then such dog shall be
destroyed in a humane manner under the direction
of the pound master; provided, however, the
pound master may give or sell any unredeemed dog
that he would by this chapter be authorized to
destroy, to any person who shall procure for such
dog the necessary tag with license number thereon,
and furnish the city clerk with a certificate
of vaccination as required by the provisions of
division 3 of this chapter.
SEC. 6-56. Same -- Required for dog licensing.
Every person applying for a dog license to
the city clerk must exhibit a certificate issued
by a person licensed by the state, or any other
state or nation, to practice veterinary medicine
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which certificate shall show that the dog for
which the license shall be issued has been vacci-
nated in accordance with the provisions of sections
6-53(a) and 6-54. A license for such dog shall
not be issued unless and until such certificate is
so exhibited.
SECTION TWO. Section 6-57 of the West Covina
Municipal Code is deleted.
SECTION THREE. If any section, subsection,
setence, clause, phrase, part or portion of this ordinance
is for any reason held to be invalid or unconstitutional by
an court of competent jurisdiction, such decision shall not
affect the validity of the remaining portions of this
ordinance. The City Council declares that it would have
adopted this ordinance and each section, subsection, sentence,
clause, phrase, part or portion thereof, irrespective of the
fact that any one or portions be declares invalid or uncon-
stitutional.
SECTION FOUR. The Mayor shall sign and City Clerk
shall certify to the passage and adoption of this ordinance
and shall cause the same to be published in the manner
prescribed by law.
PASSED and APPROVED this llth day" of April ,
1983.
ATTEST:
City Clerk
Q-C
Mayor
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
J
CITY OF WEST COVINA )
I, Helene M. Mooney , City Clerk of
the City of West Covina, do hereby certify that the foregoing
Ordinance No. 1585 was regularly introduced and placed
upon its first reading at a regular meeting of the City
• Council on the 28th day of March , 1983. That there-
after said Ordinance was duly adopted and passed at a
regular meeting of the City Council on the llth day of
April , 1983, by the following vote, to wit:
AYES: Councilmen: Bacon, Tennant, Shearer, Chappell
NOES: Councilmen: None
ABSENT: Councilmen: Tice
APPROVED AS TO FORM:
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City Clerk