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HomeMy WebLinkAboutOrdinance 2160 - Amending Portions Title 7 ORDINANCE NO. 2160 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF REDDING AMENDING PORTIONS OF REDDING MUNICIPAL CODE TITLE 7 — ANIMALS. The City Council of the City of Redding does ordain as follows: Section 1: Redding Municipal Code Chapter 7.04 (General Provisions) is amended as follows: I. SECTION 7.04.010 SHALL READ AS FOLLOWS: 7.04.010 Derinitions. The following words and phrases, when used in this chapter, shall, for the purposes of this chapter, have the meanings respectively ascribed to them by this section: A. "Animals" includes horses, ponies, mules, burros, jacks, jennies, cows, bulls, calves, heifers, sheep, goats, swine, llamas, rabbits and all other domestic or domesticated animals other than household pets. B. "Dog" includes the domesticated members of the species canis familiaris; the word "dog" excludes other members of the family Canidae, including any hybrids of canis familiaris. C. "Exotic birds" includes parakeets, parrots (including macaws), cockatiels, cockatoos, and other similar birds. D. "Household pets" includes cats, dogs, pot-bellied pigs, canaries, and other kindred animals and birds usually and ordinarily kept as household pets. E. "Kennel" means either: (1) any person, firm or corporation engaged in the business of breeding, buying, selling, or boarding of dogs or cats, or both; or (2) any dwelling or other property where more than six dogs or six cats, or any combination thereof exceeding a total of six, over the age of four months are kept and maintained for a purpose other than breeding, buying, selling, or boarding. The term "kennel" shall not include any animal shelter operated by a humane society, a municipal agency or its authorized agents, or a veterinary hospital operated by a veterinarian licensed by the State of California. F. "Large fowl" includes emus, ostriches, rheas, or other similar flightless birds. G. "Pot-bellied pig" includes the Vietnamese variety miniature pig of less than one hundred fifty (150) pounds in weight and less than twenty-two (22) inches in height at the shoulder. H. "Poultry" includes pigeons, chickens, ducks, geese, turkeys and all other domestic or domesticated fowl other than household pets. I. "Pound" includes any location used for the impounding of animals by the pound master of the city pursuant to the direction of the city council, and may include the animal shelter of the county. J. "Wild animal" includes specifically any live nonhuman primate, raccoon, skunk, fox, coyote, wolf, leopard, panther, tiger, lion, lynx, poisonous snake or like reptile, or any other warm-blooded mammal which can normally be found in the wild state and is not typically domesticated in California. II. THERE IS HEREBY ADDED SECTIONS 7.04.140 AND 7.04.150 WHICH SHALL READ AS FOLLOWS: 7.04.140 Number of Dogs or Cats in Dwelling. A. It is unlawful for any person to keep, harbor or maintain in or about any dwelling, or the curtilage thereof, more than six dogs or six cats, or any combination thereof exceeding a total of six, each of which is over the age of four months, unless the owner has obtained a kennel license under the provisions of this chapter. B. For the purposes of this section, the term "dwelling" is defined in the same manner as such term is defined in the zoning regulations of the city. C. The provision of this section shall not apply to any owner who owns more than six dogs or six cats, or any combination thereof, on the effective date of this ordinance so long as such dogs are licensed by the owner under this chapter. This exception does not apply to any dogs subsequently owned, acquired, or otherwise possessed by said owner after the effective date of this ordinance. 7.04.150 Prohibition of Selling or Making Gifts of Dogs, Cats, Poultry and Rabbits at Certain Locations. A. It is unlawful for any person to display, sell, offer for sale, barter or give away, upon any street, sidewalk, recreation trail, in front of or adjacent to any retail store, shopping center, or other place of business which members of the public frequent, any dog, cat, poultry or rabbit of any age. B. It is unlawful for any person who owns or controls any retail store, shopping center, or other place of business which members of the public frequent to permit any person to display, sell, offer for sale, barter or give away any dog, cat, poultry or rabbit of any age on the premises owned or controlled by such person. C. This section shall not be construed to prohibit the display or sale of any dog, cat, poultry or rabbit legally for sale in a licensed pet shop, feed store, or other place of business which is authorized to display or sell dogs, cats, poultry or rabbits. D. Violation of this section shall be an infraction, punishable by a fine of thirty dollars ($30.00) if there have been no previous violations within a twelve-month period. 4 For the second violation within any twelve-month period, the fine shall be seventy- five dollars ($75.00). For the third and further violation within a twelve-month period, the fine shall be one hundred fifty dollars ($150.00). Section 2: Redding Municipal Code Chapter 7.12 (Dogs) is amended as follows: L SECTIONS 7.12.060, 7.12.080, 7.12.200 AND 7.12.210 SHALL READ AS FOLLOWS: 7.12.060 License—Due date. Amounts set by Resolution of City Council. A. License fees are due and payable on a fiscal-year basis (July 1—June 30), and are billed by the city clerk in advance on May 1. B. The fees and charges for dog licenses, kennel licenses and other fees and charges imposed, or which may be imposed pursuant to Title 7, shall be those specified from time-to-time by resolution of the city council. C. Any person owning or having custody or control of one or more dogs shall pay an administrative fee for the licensing of each dog over the age of four months in accordance with the fee schedule established from time-to-time by resolution of the city council. D. Licenses may be purchased either (a) for one year; or (b) for two years if the rabies vaccination expires during said two-year period; or (c) for three years if the rabies vaccination expires during said three-year period, as follows: 1. A one-year license shall be due and payable to the city on the first day of July each year, and shall be delinquent on the first day of September each year. 2. A two-year license shall be due and payable to the city on the first day of July every second year, and shall be delinquent on the first day of September in the second year; 3. A three-year license shall be due and payable to the city on the first day of July every third year, and shall be delinquent on the first day of September in the third year; provided, however that new residents of the city owning or having custody or control of any dog required to be licensed shall have thirty (30) days after taking up residence in which to obtain the license. 7.12.080 Fees—Late Registration—Proration. A. A late registration penalty fee shall be assessed in addition to the regular fee for license tags for failure to license any dog within the time specified in Section 7.12.060. The late registration penalty fee shall be specified from time-to-time by resolution of the City Council. B. The full amount of the license fee specified in Section 7.12.060 shall be payable for any fraction of any year, and there shall be no proration of the late registration penalty fee. 3 7.12.200 Kennel license—Approval of Board of Administrative Review Required. A. It shall be unlawful for any person to maintain a kennel without obtaining a kennel license from the city. No kennel license shall be issued without a use permit approved by the board of administrative review. The board of administrative review shall not issue such permit other than through the procedures as established in the zoning regulations of the city. The board of administrative review shall have the discretion to limit, condition or restrict any permit issued in any way the board deems necessary under the circumstances with regard to location, neighborhood, noise, sanitation, proper planning, and any other factor deemed relevant by the board. Any such permit shall be revocable at any time by the board of administrative review at the discretion of the board. B. Any person owning, conducting, managing, or operating any kennel within the city shall pay for the privilege of maintaining or operating such kennel a license fee established by resolution of the city council. The use permit, together with satisfactory evidence of current rabies vaccinations, shall be presented to the city clerk prior to issuance of the kennel license. C. In the event that the person conducting, managing, or operating a kennel under this section desires to increase the number of dogs and/or cats previously authorized, he or she must obtain a new license after approval of such increase by the board of administrative review. D. Because of the need to adequately protect animals within kennels from unhealthy conditions and practices, and the interest of the public in preventing inhumane practices, reasonable inspections by the city shall be completed. As a condition of the issuance of a kennel license, each operator shall agree to allow such inspection. Such acknowledgment shall be made part of the application and file. Each kennel for which a kennel license has been issued shall be inspected at intervals determined by the city. E. Any kennel which is found by the city to be unsanitary or a menace to animal or public health, safety or welfare is declared to be a public nuisance. In the event immediate action is necessary to preserve or protect animal or public health, safety or welfare, the city is authorized and empowered to summarily abate such nuisance by any reasonable means, including but not limited to impoundment of the animal(s) or the immediate closure of the kennel, or both, for such time until the nuisance is abated. 7.12.210 Kennel License—Late Penalty. A late penalty fee shall be assessed in addition to the regular license fee for failure to obtain a kennel license within the time specified in Section 7.12.060: The late penalty fee shall be specified from time-to-time by resolution of the City Council. Section : The passage of this ordinance is not a "project" according to the definition in the California Environmental Quality Act, and therefore is not subject to the provisions requiring environmental review. 4 • Section 4: This ordinance shall take effect 30 days after the date of its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause its publication according to law. I HEREBY CERTIFY that this ordinance was introduced and read at a regular meeting of the City Council on the 1st day of October, 1996; and was read and adopted at a regular meeting of the City Council on the 15th day of October , 1996, by the following vote: AYES: COUNCIL MEMBERS: P. Anderson, R. Anderson, Kehoe and McGeorge NOES: COUNCIL MEMBERS: Murray ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None DAV cG E ayor Attest: zg;V'W� Connie Strolunayer, Ci C rk Form Approved: 4(1m" 41/&44W—) W. LeonarctAVingate, City Attorney 5 In the Superior Court of the State of California in and for the County of Shasta -------------------- CERTIFICATE OF PUBLICATION -------------------- ORDINANCE NO.2160. . i AN ORDINANCE OF THE CITY COUNCL OF THE No. 2160 CITY OF REDDING AMENDING PORTIONS OF' REDDING MUNICIPAL CODE TITLE)-ANIMALS. the board of administrative review.The board of adminis- trative review shall not issue such permit o P7yther than ublic Notice through the procedures as established i,the zoning regula- tions of the city:The board of administrative review shall. City of Redding I have the discretion to limit,condition or restrict any permit issued in any way the board deems necessary.under the circumstances -with regard to location, neighborhood, noise, sanitation, proper planning, and.any other factor deemed relevant by the board.Any such permit shall be re- i State of California j;; vocable at any time by the board of administrative review l; at the discretion of the board. , B. Any person owning,conducting,managing,or operat- County of Shasta ,i ng any kennel within the'city shall pay for the privilege of I maintaining or operating such kennel a license fee.estab- 'lished by resolution of the city council.The use permit,to- gether with satisfactory evidence of current rabies I i vaccinations,shall be resented to the cit p I hereby certify that the Record Searchlight is a p yclerk prior to is- _s of the kennel license: i ' newspaper of general circulation within the provisions C. In the event that the person conducting,managing,or I I operating a kennel under.this section desires to increase of the Government Code of the State of California, the number of dogs_and/or cats previously authorized, he or'she must obtain anew license after approval of such in- liprinted and published in the City of Redding,Countycrease by the board of administrative review. Ii J gj D. Because of the need to adequately protect animals, of Shasta,State of California;that I am the principal I within-kennels from unhealthy conditions and practices, ( and the interest of the public in preventing inhumane prac- clerk of thenews rinter of said newspaper;that the notice tires,reasonable inspections by the city shall be completed. Ii 1� 1� As a condition of the issuance ofa kennel license,each op- of which the annexed clipping is a true printed copy „ ,' erator`shall agree toallow such inspection:'Such acknowl- I edgment shall be made part of the application and file. m was published said newspaper on the following Each kennel for which a kennel license has:-been issued . J(, shall be inspected at intervals determined by the city. dates,to Wit, f E. Any kennel which is found by the city to be unsanitary ' or a menace to animal orpublie'health,safety or welfare is ' declared to be a public nuisance. In the event immediate 'action is necessary to preserve or protect animal or public , ' health,safety or welfare,the city is authorized and empow- October 24, 1996. .-ered to summarily abate such nuisance by any reasonable means,includingbut not limited to impoundment of the an- I imal(s)or the,immediate closure of the-kennel,or both;for such time until the nuisance is abated .r. - T.'I2.210 Kennel License Late Penalty . • - A late penalty fee shall be assessed im addition to'the I certify under penalty of perjury that the forgoing _i ' regular license fee for failure to obtain a kennel license ; within the time specified in Section 7.12.060.The late'pen-' is true and correct,at Redding,California on the :js alty fee shall be specified from time-to-time by resolution of 71 the City Council. j !' Section 3: The passage of this ordinance is not a"project" 24th day of October, 1996. @j according to the definition'in the California Environmental Quality Act,and therefore is not subject to the provisions rei '{ ,I quiring environmental review. , 3f Section 4: This ordinance shall take effect 30 days after the ` i date of its adoption,and the City Clerk shall certify to the adop. ._I tion of this ordinance and cause its.,publication according to i law. . c ;�' I HEREBY.CERTIFY that this ordinance-was introduced',and-) read at a regular meeting of the City.Council on the tat day of] •�Qctober,1996;.and was read and adopted at a regular meeting.; Signature '6f',the City Council on the 15th day of October,1996,by,the,'fol-,J g lowing vote: yAYES: COUNCIL MEMBERS: P.Anderson,R.,Anderson, lKehoe and Mc George NOES: COUNCIL MEMBERS: Murray. RECORD SEARCHLIGHT i ABSENT:COUNCIL MEMBERS: None ABSTAIN:COUNCIL MEMBERS: None 1101 Twin View Blvd.,Redding, California 96003 /s/David L.McGeorge i. DAVID L.McGEORGE,Mayor I Attest: - i /s/Connie Strohmayer, ' 'CONNIE STROHMAYER,City Clerk Form Approved: /s/W.Leonard Wingate - LEONARD WINGATE,City Attorney, I NO V 0 1 October 24,1996 4147909