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HomeMy WebLinkAbout1073 - Wild AnimalsAll I� IBS J i STATE OF CALIFORNIA ) ) SS. COUNTY OF ORANGE ) h --Wm.ltlineska - - -.... -- being first duly sworn and on oath, depose and say that I am the Advertiein Manager- ........... ......... ---- of the Newport Harbor News Press -DAILY PILOT, a news- paper of general circulation in the City of Newport Beach, County of Orange, State of California, and thatCltY__Ordinenee Number -1073 - of which the copy printed hereon is a true and com- plete copy, was printed and published in the regu- lar issue (s) of said newspaper on ......-... ....-- ....... ....... - ..... ..... February 3- - 19 Subscribed and sworn to before me this ._._3rd_..__._ day of - -- - Feba..0 as .?- -...-- --- ----- -- ------ - - - - -- 196- t` - - - -- i?� -� - .......... -- -- - - ..- - --- -- - -�- -- ------------------ - - - - -- Notary Ii in and for the County of Oran e, Late of California JOSEPH. x~,'DAY ;S My Commission expires lb c9mmisslon- Expiras 'Ana 21, IVA STATE OF CALIFORNIA ) COUNTY OF ORANGE )SS. ; CITY OF NEWPORT BEACH ) I, MARGERY SCHROUDER, City Clerk of the City of Newport Beach, California do hereby certify that the foregoing ---- QX:$lricAW-e ----------------------------------------------------------------- ...1073.... was duly and regularly adopted, passed and approved by the City Council of the City of Newport Beach, California, at a regular meeting of said City Council held at the regular meeting place thereof, on the 27th day, of . - January ..... . .................. ...... 19 64- by the following vote: AYES_ COUNCILMEN . -- Stoddard, Gruber, Cooky Hart=, ,grenzr Marshallr Elder NOES: COUNCILMEN ­­- N9A@ -------------------- - -- ABSENT: COUNCILMEN ----- 1X4PA -------------------------------------------------------------- Dated this -- --11th--- day of ------------ k- @f?T.w- ,ry---- ------ - - - - -- - - -- ---- -- -- 1964- - -- ; �. City Clark f the T-" Newport Beach, State of California ( J 'ORDINANCE NO. 1073 SAN ORDINANCE OF THE CITY OF NEWPORT BEACH REPEALING SEC- TION 4103 OF. AND ADDING A NEW SECTION 4103 AND SECTIONS 4103.1 THROUGH 4103.6 TO. THE NEWPORT BEACH MUNICIPAL CODE RELAT. ING TO WILD ANIMALS The City Council of the City of New Port @each does Ordain as follows: SECTION 1. Section .4103 of the New - Part Beach Municipal Code is hereby repealed. SECTION 2. A new Section 4103 is atltletl to the Newport Beath Municipal Code to read: "SECTION 4103. Wild Animal 'De; fined. The term "wild animal shall, be construed to mean and include any animal which is not naturally tame and gentle. but is of a wild nature or .disposition. which must be kept in con. finement to be controlled by its owner. Including any monkey. Chimpanzee. ape. Or any Poisonous reptile. or any dargemll5 vicious animal or rep- tile. This section shall not be can strued to include domestic dogs or cats. " SECTION 3. Section 4103.1 is added ,to the Newport Beach Municipal Code to read: ."SECTION 4103.1. Allowing Wild Ani- mals to Run at Large. No Person owning or Ealing Charge. coMOdv. con- trol or Possession of any wild animal shall permit or allow the same to run at large upon any highway. sheet . lane. alley. court. or other public Place Or upon any Private property. Or on or within the Premises of such Person In such manner as to endanger the lite or limb of any Person law- fully entering such Premises:" SECTION 4. Section 4103.2 is atltletl to the Newport Beach Municipal Code to read: "SECTION 4103.2. Reports Of Attacks by Wild Animals. Any Person having charge. custody. control or Possession of any wild animal which attacks. .bites or Injures any Person or domes. tic animal shall. within forty -eight (48) hours after becoming aware of Such tact. file a written report containing the following information with the Newport Beach Police Department: the date. time and Place of the attack. a description of lice wild animal and any domestic animal involved in the attack. n0a the flame and address Of any person or persons who are vie- fims of the attack.' SECTION S. Section 4103.3 is atltletl to the Newport Beach Municipal Code to read: "-SECTION 4103.3. Permit Required for Keeping Wild Ani,nai. (a) Except as hereinafter Provided. no Person 'shall keep. maintain. or have in his possession within the City of Newport Beach any wild animal without first obtaining a Permit to keep such wild s(nimal from the City Manager as here inafler Provided. (b) An application for any Permit required Pursuant to this section shall be made t0 the City Manager in writ, ing and upon a form furnished by the City Manager if so required. Said application shall be verified by the Person who desire, to keep. maintain. ar hl'or it his Poa5es5ian. Or Under his control. in the City. the wild ani mal for which a permit is required. and shall set forth the following: (1) Name. address and telephone number of the applicant: (2) The applicants interest in such wild animal (3) The proposed location. and the name. address and telephone number of the owner of such location. and of the lessee. it any: (4) The number and general descriP- lion Of all wild animals for which the permit is Sought: (5) Any information known to the applicant Concerning VICIOUS or dan- gerous Propensities of all such wild animals: (6) The housing arrangements for al, 'Such wild animals. with Particular de- tails as to safety of structure_ lock's. fencing. etc.!. - - (7) Safely Precautions proposed to be taken: (8) Noises or odors anticipated in the keeping of such wild animals: (9) Prior history of incidents mealy !no the Public ,health On Safety in. YOlving anv of Said wild animals: (10) Any additional information re quired by the City Manager at the time of tiling such application or thereafter. (c) The City Manager may Issue a Permit for the keeping of any Wild animal it he determines that such animal may be kept or maintained without menacing the safety of any Person or Property: provided. how- 5' ever. that the City `Manager may. Im- pose such conditi0ns i0'. granting a Permit as he may deem necessary to Protect the public and may limit the term of such Permit. (d) The applicant shall be notified in writing of the action of the City Manager in either granting Or denying the Permit and. if the application has been denied. the notice shall advise the applicant of his right to appeal to the City Council. Service of said notice may be made by Personal service or by registered mail. If service is made by mall. ii sh-l! he deemed comPlOte upon deposit in the United States Mail directed to the applicant at his latest address shown on the aPPlicl tian. SECTION 6. Section 4103.4 is atltletl to the Newport Beach Municipal Code to read: '"SECTION 4103.4. Commercial Es- tablishments. Commercial establish- ments Possessing s u C h wild ani- mals tar the Purpose of sale or display may replace the same with others of the same kind. but the num- ber of each shall not be in excess of the number thereof allowed by the terms of such Permit. Such establish- ments may. in the discretion at the approving agenCV. be granted a per- mit for such numbers of each kind Of wild animal as do not exceed the maximum such establishment esti- mates will be maintained by it In the City at any one time during the Period Of the Permit. Such Permit s'nall req.;ire at the immediate notitita . lion of the City Manager upon the acquisition of any wild animal hating Prior hlsforl' 01 any incident Involving the Public health or safety. or result io9 in 'mv bodily injury or property damage." SECTION 7. Section 4103.5 is atltletl to the Newport Beach Municipal Code to read: "SECTION 4103.5. Revocation of Per. mits. The City Manager may. for good Cause, revoke any Permit or modify any terms or Provisions there of. after informal hearing. and may. in the event it Is reasonably necessary 10 Protect against an immediate threat to the public health or safety. suspend any Permit or portion thereof Without hearing. for a Period not to exceed thirty (30) days. The permiflee shall ha given at least three (3) Bova" prior written notice of any such hearing. Service of said notice shall be in the same manner as Provided in Section 4103.3(4):' SECTION S. Section 4103.6 is atltletl to the Newport Beach Municipal Code to reed: '" ECTION 4703.6. Appeals From Ac lion of City Manager. If anv Person is aggrieved by any action of the City Manager taken Pursuant to this Chap- ter. such Person may appeal t0 the City Council by tiling with the City Clerk a statement addressed to the City Cnunco ratting forth the facts and circumstances regarding the ac- tion or failure to act on the Part Of the City Manager. The City Clerk shall notify the applicant In writing by regis- tered mail of the time and Place Set for hearing his appeal. The City Coun- cil at its next regular meeting held not less than five (5) tlays from the date on which such appeal shall have been tiled with the City Clerk shall hold a hearing and determine the merits of the appeal. The City Council may sustain. overrate or modify the action of the City Manager and its decision shall be final. The right to appeal to the City Coun- cil from any action or decision of the City Manager under this Chapter Shall terminate upon the expiration 0f fit f the action of the City ECTION 9. This ordinan, Dlished once in the officio the City. and the same all e 30 tlays after the date This ordinance was introduced at a -- regular meeting of the City Council of the City of Newport Beach held on the 23rd day of December. 1963. and was adopted on the 277th day of January, 1964. by :the following vote. to wit: AYES. COUNCILMEN: Stoddard. 13ruoer. Cool:. Hart. Lorenz. Marshall. Elder. NOES. COUNCILMEN: None ABSENT COUNCILMEN: Hare CHARLES E. HART MaYOr AT'r EST: MARGERY SCHROUDER City Clert Published Newport Harbor Hews- ferass, Newpnr, Beach. California, Feb. 3. 1964. 13164 "i