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HomeMy WebLinkAboutOrd 0892ORDINANCE NO. �t92 AMENDING §§9.04.010 AND 9.04.020 AND ADDING §§9.04,011 AND 9.04.012 TO THE MUNICIPAL CODE INCREASING DOG LICENSE, IMPOUND AND BOARDING FEES, AND PROVIDING E)MIIIPTIONS FROM DOG LICENSE REQUIREMENTS The City Council of the City of Burlingame does ordain as follows: Section 1: §9.04.010 of the Municipal Code is amended to read and provide as follows: 1 59.04.010 Dog License Required: Except as provided in §9.04.012, it shall be unlawful for any person to own, keep, harbor, possess or control any dog within the City of Burlingame unless a license has been obtained as pro- vided in §9.04.011.'° Section 2: §9.04.011 is hereby added to the Municipal Code which shall read and provide as follows: "§9.04.011 Dog License Fee: (a) An annual license fee in the following amounts shall be paid for each dog which is more than four (4) months old and is owned, kept, harbored or possessed within the City of Burlin- game: Male and unspayed female dogs in the amount of $4.00 Spayed female dogs in the amount of $2.00 The license fee shall be due and payable on the first day of January of each year. Any person who fails or neglects to pay the said license fee on or before the first day of March of each year as said license fee be- comes due, shall be deemed delinquent, and shall pay a penalty in the amount of Two Dollars ($2.00). Any per- son who comes into ownership of or commences to harbor, 00 keep or possess a dog over the age of four (4) months, after the first day of March of each year, shall within thirty (30) days, obtain a license as herein provided for the remainder of the license year in the full amount hereinabove provided." 1°(b) Each applicant for a license for a spayed dog shall file with the License Collector an affidavit signed by him in such form as the License Collector shall pro- vide, or approve, that such dog is spayed." Section 3: §9.04.012 is hereby added to the Municipal Code which shall read and provide as follows: "§9.04.012 Exceptions to Dog License Requirement: The provisions of this chapter requiring the licensing of dog shall not apply to dogs under the age of four (4) months, if kept within a sufficient enclosure, nor to dogs owned by or in custody or under the control of persons who are non-residents of the City of Burlingame traveling through said city or temporarily sojourning therein for a period not exceeding thirty (30) days, nor to dogs duly licensed with the current license of an incorporated city within the County of San Mateo, nor to dogs duly licensed by the County of San M teo nor to dogs brought to the City of Burlingame exclusively for the purpose of entering the same in any dog show or exhibition, and which are actually entered in and kept at such show or exhibition, nor to dogs under treatment in the custody or control of animal hospitals, nor to dogs on sale in duly licensed pet shops, nor to dogs owned, kept or controlled by any person having a permit to keep and maintain a dog kennel, provided that such dogs are kept enclosed within such pet -2- shop or dog kennel, nor to dogs under the ownership, cus- tody and control of the owner of a dog kennel or his duly authorized employee or agent when such dogs are removed from such kennel in the bona fide operation thereof for the purpose of exercise or training, provided that any such dog bear a metal identification tag atlached to a collar around the dog's neck or to a strap around its leg, which tag shall be of a size and type, designated by the Poundkeeper, shall be furnished at the sole cost and expense of the owner of said kennel and shall set forth the name and address of said kennel; and a dog bearing such tag shall be treated in all respects as a licensed dog in the event of its escape and subsequent impoundment Provided, however, that no unlicensed dogs shall be allowed to run at large; provided, further, that no lic- ense issued by the County of San Mateo or by any city in said county other than the City of Burlingame shall be valid for any do3 ausLomarily housed in said City." Section 4: §9.04.020 of the Municipal Code is amended to read and provide as follows: 19.04.020: Dogs Running at Large a Nuisance - Impound- ing - Redemption or Sale: It shall be unlawful for any person to allow any dog owned or controlled by him or her to run at large and uncontrolled within the City, and any dog so running at large or uncontrolled is hereby declared to be a nuisance and it shall be the duty of the humane officer to immediately impound such dog in the public pound where it may be redeemed by the owner or person entitled to the possession thereof, within five (5) days thereafter on payment of four ($4.00) dollars impounding -3- fee, together with an additional charge of one ($1.00) dollar per day, or fraction thereof, for boarding and keeping such dog, but if not so redeemed such dog may be disposed of by the humane officer, and if sold the re- ceipt for the sale price endorsed by the humane officer shall transfer a valid title to the purchaser." Section 5: Severability: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of this City hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, clauses, phrases or portions may be declared invalid or unconstitutional. Section 6: Publication lished once as required by law. This ordinance shall be pub - a or I, HUBERT K. WHITE, City Clerk, do hereby certify that the foregoing ordinance was introduced at a regular meeting of the City Council held on the 2nd day of December , 196 t? , and adopted thereafter at a regular meeting of the City Council held on the 16th day of December , 196$_, by the following votes: AYES: Councilmen: Crosby-Diederichsen NOES: Councilmen: None Absent Councilmen: None City Clerk -4- in