HomeMy WebLinkAbout1073 - Wild AnimalsAll
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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` - - - --
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- .......... -- -- - - ..- - --- -- - -�- -- ------------------ - - - - --
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
(
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'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repealed.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
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