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HomeMy WebLinkAboutOrd 257-1946 0RDINANOE NO. ~ OWNED OR HARBORED WITHIN TME CITY OF SOUTH SAN FRANCISCO, PROHIBITING THE RUNN~G AT LARGE OF ANIMALS WITHIN THE LIMITS OF SAID CITY AND PRO- TIDING FOR THE IMPOUNDING AND SALE OF FOUND RUNNING AT LARGE IN SAID CITY. / The City Counci~ of the City of South San FrancisCo does ordain as follows: Section 1. It shall be unlawful for any person or persons to keep, own or harbor within the limits of the City of South San Francisco any dog over the age of four (4) months, without first paying the license tax herein provided and obtaining a license therefor. For keeping every male dog, the license tax shall be Two Dollars ($2.00) per annum. For keeping every female dog, the license tax shall be Four Dollars ($4.00) per annum. The license tax herein pfovided shall be payable annually in advance on the End day of January of each year, except that, on and aster the first day of July of each year, the license tax for the remainder of the year shall be one-half (1/2) of the tax herein provided. Section 2. A public pound is hereby authorized and estab- lished, which pound shall be located at a place to be designated from time to time by the said City 0ouncil. The office of pound- master and the office of deputy poundmaster are hereby created. Section 3. It shall be the duty of the poundmaster to take up, seize and impound all horses, mules, asses, goats, cows, bulls, calves, sheep, swine, dogs, and other domestic animals, or any of such animals, found running at large or estrayed, or herded in charge of any person, or staked, or in any manner grazing, or being grazed or fed, upon any public street, way, road, alley, or other public thoroughfare. Section 4. ~ny animal trespassing upon any private property in said city may be taken up by any person and committed to the custody of the poundmaster, who shall hold the same sub- ject to reasonable demands for actual damage done by said animal, in addition to the fees prescribed herein. Section H. The poundmaster shall keep a true and faith- ful record of the number and description of all animals taken into his custody, with the date of their receipt and the date and manner of their disposal, with the fees and charges collected on account of said animals, and the disposition of such animals. Said record shall be kept by the poundmaster in a book or books provided by said city for that purpose, which shall be the record book or books of the office of the poundmaster, and shall not be removed ~herefr~m. He shall also keep conspicuously posted, at the entrance of the pound, a list of all animals therein detained. He shall also provide necessary subsistence for all animals, while in his custody, and shall milk, when necessary, all cows in his pound, or failing to furnish such subsistence, or to milk any cows in his possession when necessary, he shall be liable to the owner personally and upon his official bond hereinafter mentioned, for all damages arising therefrom. It shall be his duty to notify the owner or person having control (if known to him) of any and all animals received or taken into the pound, within sis (6) hours thereafter, if in the day time, but if in the night time, then before noon of the subsequent day. Section 6. All animals taken into the custody of the poundmaster, if not reclaimed within two (2) days thereafter, shall be advertised by written or printed notice conspicuously posted on the pound gate and on the bulletin board in the City Hall as follows: Horses, mares, cows, bulls, oxen, mules, or asses for seven (7] days; swine, sheep, lambs, goats, and other small animals, except dogs, for five (8) days, dogs for three (3) days-- (72 hours). Said notice shall describe the animals impounded and give time and place of sale, which sale shall be by public auction. Section 7. At the time specified in and after said advertisement, as hereinbefore provided, or at any postponement thereof, the poundmaster shall sell, at public auction, the said animal or animals, to the highest bidder for cash, lawful money of the United States and, out of the proceeds of the sale thereof, pay the proper fee and charges, and all reasonable and proper demands made under the provisions of Section 4 of this ordinance. Any balance of the proceeds of a sale of any animal remaining after the payment of such fees, charges, and demands, shall be paid into the city treasury, for the use of the owner of such animal, if claimed within six (6) months thereafter, and on satisfactory proof ofownership; if not, the same shall be turned into the general fund of said city. Section 8. The owner, or person entitled to the custody of any such animal impounded, may at any time before the sale, or other disposition thereof, redeem the same by paying to the pound- master all proper fees and charges thereon, made 'by virtue of any of the provisions of this ordinance. The owner of any animal or animals sold under the provisions of this ordinance shall have the right to redeem the sere within three (3) months from the day of such sale by producing satisfactory evidence of his ownership thereof and by paying to the purchaser of such animals the amount of the Lpurchase price with ten (101 per cent added thereto, together with the necessary expenses incurred by said purchaser in keeping such animal. Section 9. No person owning or having possession of any dog shall suffer or permit the same to be upon any public street of the city without being held or led by a leash, cord, chain or other thing, or confined in a. vehicle. Section 10. Every dog over four (4) months old, found or being in any public street of said city and not confined in any vehicle, shall be taken by the hpoundmaster ~o, and impounded in the public pound, where it may be redeemed by the owner or person theretofore entitled to the possession of such dog within two (2) days thereafter, on payment to the poundmaster of two (2) dollars; if not so redeemed, such dog shall be billed and buried or destroyed by the poundmaster in some place provided by the City Council of said city; provided, however, that the poundmaster is authorized to ~eep valuable dogs and sell them. His receipt for the sale thereof, endorsed by the city clerk, shall be a valid title to the purchaser. If a license tax has not been paid for ~he then current year for any impounded dog, the person redeeming must, before redemption, pay such license tax. In case of loss of tag, a duplicate of the same must be obtained £~om the license collector, and, on presenting said duplicate tag, the owner of said impounded dog shall be entitled to the possession of the same on payment to the poundmaster of the sum of One Dollar ($1.00). Whenever a dog is redeemed, the poundmaster shall give a receipt in duplicate, for the payment ~ One copy shall be delivered to the redemptioner and the other shall be delivered by the pound- master with his monthly report to the city clerk. In case it is satisfa'etorily proven to the poundmaster that a license tax for the then current year has been paid upon any dog so impounded, said dog shall be released upon payment of a fee of One Dollar ($1.00~ Section 11. The license collector is hereby require~ to be supplied with, at the expense of the city, metallic plates or tags, having thereon the number of the license and figures indicating the year for which the tax has been paid. He shall register, in a book to be kept for that purpose, the name of the owner or possessor, and description of the dog for which the license is issued, and the number of the license, to the person paying for such license. The cost of such plates or tags shall not exceed fifty cents ($0¢) each. Section lB. Every registered dog shall be provided by the owner or possessor of such dog with a collar, at least three- fourths (~/A) of an inch wide, and have attached to such collar such metallic plate or tag having such inscriptions thereon as specified in Section ll. SeCtion 1J. Nhenever a tag issued for the t~en current yee~r by the license collector has been stolen, or lost, the owner or possessor of the dog, for which the same was issued, may on the payment of fifty (§0) cents to the license collector and on making and subscribing to an affidavit of such loss, and filling the same with the license collector, receive from the license collector a duplicate tag for the remaining portion of the ten current year. Section 14, The poundmaster shall ma~e a true and correct report to the City Oouncil, under oath, on the first Monday' of each month, of the number of dogs impounded by him dur- ing the preceding 'month, and of the disposition made of them, and of the number redeemed, and by whom redeemed, and of the amount received for the redemption of dogs. All moneys received by him shall be paid to the city clerk. Section 15. The poundmaster shall also provide sufficient food and water for all dogs and other animals impounded. The cost of such food and water shall be paid by said city. Section 16. The poundmaster shall receive for h~is services such salary as may be fixed by the City Council from time to time. Section 17. The poundmaster and any deputy who may be appointed by the City Council, shall wea~, while engaged in the discharge of his duties, on the left breast of his outer garment, a plain metallic badge precisely designating his office. Section 18. No person shall resist or interfere with the poundmaster or any of his deputies in the discharge of their ~fficiml duties. Section 19. It shall be unlawful for the owner or owners, or person or persons, having the control of any animal mentioned in Section 3 of this ordinance, except the owner or owners, or person or persons having the control of such horses, mares, mules, or asses or oxen, harnessed or saddled, and at the time in the actual custody of some person or persons, to permit or allow the animals, or any of them not mentioned in said section, to run at large, or to be found grazing,, or being ~razed or herded, upon any public street, road, highway, alley or public square in the City of South San Francisco. Section 20. The poundmaster shall be entitled to charge and receive fees for his services in impounding anise-is, the following rates: for each and every horse, mare, mule, Jack, jennet, hog, pig, bull, cow, ox, steer, or heifer, or ass, received or taken into the pound, six dollars ($6.00) each, and two dollars ($~.00) each per day for keeping, watering and feed- ing the same, and Two Dollars ($2.00) each, additional, if advertis- ed, and if sold twenty per cent (~0%) commission on the amount remaining, after expenses and charges are paid. Fc~ each and every sheep, goat or lamb taken or received into the ponnd Three Dollars ($3.00) 'each, and for keeping, watering and feed- lng same, One Dollar ($i.00) per day and $1.50 each additional if advertised, and if sold the same commission as is allowed for horses and other such animals as above provided. For impounding any dog, the sum of Two Dollars ($2.00). For feeding dogs at~ the rate of thirty (30) cents per day each, to be paid by the owner. For impounding and killing dogs as herein provided, one dollar ($1.00) each. For removing from the ~public streets any dead horse, or other draft an~_~l, or any dead cow, bull, ox, heifer, or calf, the sum of six dollars ($6.00) each, to be paid by owner o f animal. For removing from the public streets any dead dog, cat, goat or sheep fifty cents (50¢') each, to be paid by owner. Section 21. If sale is not made by the poundmaster at the time stated in his posted notice, the sale may be by him postponed, from day to day, until the animals offered by him are sold. Notice of such postponement shall be given in the same manner as provided for the original notice of sale, but no fees shall be allowed the poundmaster for posting notices of such postponement. Section 22. It shall be the duty of the poundmaster to remove from the public streets, highways or alleys, any animal found dead thereon. Section 23. The poundmaster may retake within six (6) days any animal directly or indirectly conveyed or delivered out of the pound without lawful authority, and again impound and retain the animal, and proceed as heretofore provided in the same ma~er as if said animal had never been released from the pound; provided 7 that when any animal escapes from the pound without the assist- ance or knowledge of the owner thereof, the poundmaster shall not be entitled to fees for again impounding the same within said period of six (6) days. Section 24. The poundmaster shall, before entering upon his duties execute a bond in favor of the City of South San Francisco and all persons injured by his acts, in the penal sum of One Thousand Dollars ($1,000.00) conditioned for the faithful performance of his duties as poundkeeper under the provisions of this ordinance. Said bond shall be furnished by some reliable surety company and said poundmaster shall be liable on said bond for all official acts of his deputies or any of them. The premium for such bond shall be paid by said city. Section 25. Any and all persons who shall commit a pound-breach or obstruct, hinder, or prevent, or who shall make any attempt to obstruct, hinder or prevent in any way, directly or indirectly, the poundmaster or his deputies in the exercise of his or their duties, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not exceeding Five Hundred Dollars ($500.00), or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment. Section 26. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished as provided in Section 25 of this ordinance. ~ection 27. Any poundmaster or his deputies or deputy violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished as provided in Section 25 of this ordinance. Section 28. This ordinance shall be published once in "The Enterprise" a weekly newspaper, printed and published in 8 ~The Enterprise", a weekly newspaper, printed and published im the City of South $an Francisco, and shall ~ake effect and be in force upon the expiration of thirty (J01 days after its p a s sage. introduced ~a~~ $~' ~ this Y~day of October, 1946. Passed and adopted as an ordinance of the City of South San Francisco,this ~~day of October, 19~6, by the Noes, Councilme~ Absent, Councilmen~ Attest: Cit~