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HomeMy WebLinkAbout426 - No Dog License Tax0 ORDINANCE NO. 426 • safe place for forty - eight, 748)1 it' would have ,passed this ord -' hours, and if by the end of that The City of Newport Beach, time no person shall appear and by and through its City Council, claim such dog and pay the Chief does ordain as follows: - Section 1. From and after the the sum of 1.00 to cover the ex- passage of this Ordinance no li- pense of impounding and keeping cense tax shall be required for the such dog, and shall also obtain keeping or harboring of a dog a license tag for such dog, it within the corporate limits of shall be the duty of the Chief of the city of Newport Beach. Police to cause such dog to be '. Section 2. It shall be unlawful killed and buried and thereby a- for any person to'harb6r or keep bate such nuisance. any dog over the -age of three SECTION 6. It is hereby de- months within the corporate limits clared unlawful for any person or of.the city of Newport Beach, un- persons owning, harboring or less such dog has attached to its keeping a vicious dog fo permit leg or neck, a substantial collar such dog to run at large upon the on which is fastened a metallic public streets, alleys, highways tag containing the number � as- or parks of said city, or upon the signed to. such dog, provided, how - private property of others, with- ever, that nothing in this or- out having such dog on leash or dinance shall be construed - as muzzled, and such vicious dogs authorizing any person to harbor when running at large are hereby or keep a vicious dog in said city. • SECTION 3. It is hereby de- clared the duty of the City Clerk dangerous to public health and of the city of Newport Beach safety, and it shall be the duty to.procure at the expense of the of any officer of said city of City, metallic tags numbered con- Newport Beach to forthwith abate secutively, and to issue the same such nuisance by killing such dog to the owners of dogs who shall or dogs. apply therefbr, iii the manner SECTION 7. Tke City Council hereinafter provided, •.. and said of the city of Newport Beach Clerk shall keep a record of all may at any time declare or state tags issued, which record shall that an emergency exists and that show the name of the owner of it is dangerous for dogs to run at the dog, the age, sex, color and large within the corporate limits breed of the dog for which the of the city of Newport Beach, license is desired, together with and that all persons owning, keep- the date of the issuance ff said • license. Said licenses shall be for - the fiscal year ending July 1st, vate premises and not permit thd; of each year hereafter. same to run at large without be- SECTION 4. It shall be the Ing on leash or muzzled, and upon i duty of every person who , owns, said City Council making such de- keeps or harbors a dog Within claration and finding, it shall be the corporate limits of the city of the duty of all persons keeping, Newport Beach, to make applica- owning or harboring dogs - to tion to the City Clerk of the city keep the same confined to their of Newport Beach for a license for premises, and not permit said any dog which shall have attain- dogs to run at large except that ed the age of three months. Each the same be muzzled or on' leash, application shall state the age, • sex, color and breed of the dog large in violation of said declara- for which the license is desired, tion of said City Council, without and the addrees of the owner. It such dog on leash or muz- shall be unlawful for any person zled, is hereby declared to be a to attach such license to the col- nuisance and dangerous to pub- lar of a dog other than the one lic health and safety, and it shall described in the application for be the duty of, any police officer such license tag. of the city of Newport Beach to SECTION 5. Each dog kept, forthwith abate such nuisance by harbored or owned, contrary to killing such dog or dogs. the provisions of this ordinance, SECTION 8. If any section, and every stray dog, shall be subsection, sentence, clause or deemed and is hereby declared to phrase of this ordinance is for be a public nuisance, and the any reason held to be unconstitu- Chief of Police acting in person tional, such decision shall not af- or by another appointed to per- fect the validity of the remain- form the duty, shall take up such ing portions of this ordinance. The dog and keep the same in some • safe place for forty - eight, 748)1 it' would have ,passed this ord -' hours, and if by the end of that nance irrespective of the fact that time no person shall appear and any one or more of the sections, claim such dog and pay the Chief subsections, sentences, clauses, or of Police for the use of the City, phrases be declared unconstitu- the sum of 1.00 to cover the ex- tional. pense of impounding and keeping SECTION 9. Any person violat- such dog, and shall also obtain Ing any of the provisions of the a license tag for such dog, it sections of this ordinance, re, shall be the duty of the Chief of sisting or obstructing their en- Police to cause such dog to be forcemeat, releasing or inciting killed and buried and thereby a- another to release any impounded bate such nuisance. dog, without the payment of the SECTION 6. It is hereby de- penalties herein provided, count - clared unlawful for any person or erfeiting any license tags provid- persons owning, harboring or ed for in this ordinance, or who keeping a vicious dog fo permit commits any of the acts herein such dog to run at large upon the declared to be unlawful and pro - public streets, alleys, highways hibitcd, or refuses or neglects to or parks of said city, or upon the do and perform the duties therein private property of others, with- required of him, is guilty of a out having such dog on leash or misdemeanor, and upon conviction muzzled, and such vicious dogs thereof by a Court of competent when running at large are hereby jurisdiction, shall be punished by declared to be a nuisance and a fine not to exceed $50.00, or by dangerous to public health and imprisonment in the City or Coun- safety, and it shall be the duty ty jail for a term not exceeding of any officer of said city of fifty days, or by both such fine Newport Beach to forthwith abate and imprisonment, in the discre- such nuisance by killing such dog Lion of the Court. or dogs. SECTION 10. Ordinance No-, SECTION 7. Tke City Council 359 and all other ordinances of of the city of Newport Beach the city of Newport Beach in con- may at any time declare or state flict with this Ordinance, are that an emergency exists and that hereby repealed. it is dangerous for dogs to run at SECTION 11. This Ordinance large within the corporate limits shall be printed and published of the city of Newport Beach, once in NEWPORT NEWS, a and that all persons owning, keep- newspaper printed, published and Ing or harboring dogs, shall keep circulated in the city of New, the same confined to their pri• I port Beach, and shall take effect vate premises and not permit thd; and be in force thirty (30) days same to run at large without be- after its passage. Ing on leash or muzzled, and upon i The above and foregoing Ordi- said City Council making such de- nance was introduced at an ad- claration and finding, it shall be journed regular meeting of the the duty of all persons keeping, City Council of the city of New - owning or harboring dogs - to port Beach held on the 22nd day keep the same confined to their of October, 1934, and was finally premises, and not permit said passed and adopted on the 29th dogs to run at large except that day of October, 1934, by said the same be muzzled or on' leash, City Council at a regular meet - and any dog when running at ing thereof, by the following large in violation of said declara- vote, to -wit: tion of said City Council, without AYES, COUNCILMEN: Gor- such dog on leash or muz- don, don, Claire, Ellsworth, Garfield, zled, is hereby declared to be a Hilmer. nuisance and dangerous to pub- NOES, COUNCILMEN: None. lic health and safety, and it shall ABSENT, COUNCILMEN be the duty of, any police officer None. of the city of Newport Beach to forthwith abate such nuisance by The above and foregoing Or- killing such dog or dogs. dinance is signed and approved_ by SECTION 8. If any section, Tae this 30th day of October, 1934. subsection, sentence, clause or HERMAN HILMER. phrase of this ordinance is for Mayor of the city of Newport any reason held to be unconstitu- tional, such decision shall not af- fect the validity of the remain- ing portions of this ordinance. The City Council of the city of New- port Beach hereby declares that