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HomeMy Public PortalAbout03) 7B LA County-Title 10- AnimalCity Council September 25, 2012 Page2 3. On March 9, 2011, Community Preservation staff met with the Ad Hoc Committee to discuss the difficulties faced in the enforcement of the City's Municipal Code. This includes : inconsistent provisions; ambiguous verbiage and outdated requirements that no longer reflect the goals of the City; as well as the lack of necessary enforcement tools needed to mandate compliance from persons who refuse to voluntarily comply with applicable requirements. 4. From April through October 2011 , Community Preservation staff (including City Prosecutor James Eckart) and the Ad Hoc Committee discussed various methods of addressing the deficiencies, including possible amendments to the City's Municipal Code. 5 . On November 15, 2a11 , the City Council approved the first round of proposed code amendments that would facilitate improved enforcement of the Municipal Code and subsequent compliance of violations. The ordinances approved were: Ordinance No. 11-948 -Shopping and Laundry Cart Containment, Retrieval and Abatement; Ordinance No . 11-949-Abandoned and Vacant Property Registration, Maintenance and Security Requirements; and Ordinance No . 11-95a -Public Nuisance Regulations. 6 . On May 1, 2012, the Ad Hoc Committee reviewed staff's proposal to adopt Ordinance No. 12-957 an ordinance amending Title 1, Chapters 2 and 4 of the Temple City Municipal Code (Administrative Citation Ordinance & Fine Resolution) and Ordinance No. 12-956 Title 1 a-Animals of the Los Angeles County Code. 7 . On June 4 and June 11, 2012 , public notices regarding the introduction and first reading of the proposed ordinance were published in the Temple City Tribune . 8 . On June 19, 2a12, Ordinance No . 12-956 was introduced to the City Council for first reading, by title only, amending Chapter 6 of Title 3 of the Temple City Municipal Code regarding animal control and adopting by reference Title 1 a- Animals of the Los Angeles County Code. 9 . On July 3, 2012, Ordinance No. 12-956 was introduced for second reading to the City Council, by title only, amending Chapter 6 of Title 3 of the Temple City Municipal Code regarding animal control and adopting by reference Title 1 a- Animals of the Los Angeles County Code. The public raised concerns regarding the implementation of the mandatory licensing of cats over four months of age, micro-chipping of dogs, and the spaying and neutering of dogs and cats. The City Council unanimously voted to conti nue the item to a later date so that staff could conduct a public outreach campaign concerning the adoption of said Ordinance . 1a . On July 13, 2012, a rabies , vaccination, and licensing clinic was held at Temple City Park. Staff provided information regarding Title 10-Animals. City Council September 25, 2012 Page 3 11 . On July, 23, 2012 staff posted an item on the City website regarding the potential adoption of Title 1 0-Animals highlighting some of the most significant aspects of the laws, including the mandatory licensing of cats, the mandatory spaying or neutering of dogs and cats, and the mandatory micro-chipping of dogs. The website posting contained the full July 3, 2012 staff report with all the attachments, (i.e., Ordinance 12-956, and Title 10-Animals). 12 . In the September 2012 edition of Temple City Life, an article was published regarding the potential adoption of the proposed Ordinance. 13. On September 6, 2012, the Fall 2012 edition of Temple City Connect Magazine, contained an "Ask City Hall" article about the potential adoption of Title 1 0-Animals. The article addressed the most pertinent aspects of Title 1 0-Animals and how they would affect Temple City residents . 14. On September 15, 2012, at the Full Moon Happy Family Festival, the City provided informational material regarding all upcoming City events, including the potential adoption of Title 1 0-Animals. 15. On September 18, 2012 the City's Communication's Office posted information regarding the potential adoption of Title 1 0-Animals on all of the City's social media platforms. ANALYSIS: During the past 18 months, the City has enacted several amendments (i.e., Property Maintenance, Shopping Cart Containment, and Vacant Property Registration) to the Temple City Municipal Code aimed at maintaining and enhancing the City's quality of life . Staff's review and analysis of the animal control regulations has demonstrated that the City's laws have not been adapted to adequately respond to growing concerns by City officials and the public, regarding amongst other issues : vicious and/or potentially dangerous animals ; the growing number of cats and dogs that become stray and do not receive adequate food, shelter, and/or medical attention; and the increase in stray household pets that are euthanized because their owners cannot be identified. In an effort to avoid a piecemeal overhaul of the City's Animal Control Ordinance, staff is proposing that the City adopt Title 1 0-Animals of the Los Angeles County Code, while still maintaining the City's Zoning regulations pertaining to the maximum number of animals that can be owned and/or maintained on properties within the City. Staff is recommending adoption of Title 1 0-Animals at this time as it contains provisions that are either lacking from the City's current Animal Control Ordinance, or that would otherwise enhance the City's ability to protect the health, safety, and general welfare of the animals within the City, their owners, and the general public. City Council September 25, 2012 Page 4 Following are the provisions of Title 10-Animals that will address the growing concerns by the officials and the public regarding animal control regulations : 1. Dog and Cat Licensing The current City Animal Control Ordinance requires dogs over the age of four months to be licensed. The primary purpose of requiring a license for dogs is to ensure that all dogs have received necessary vaccinations. The secondary purpose is to identify ownership. Adoption of Title 10-Animals would extend the requirement for licenses to all cats over four months of age. Over the years, cities within Los Angeles County have seen a dramatic increase in the number of cats that have become strays and whose ownership has not been identified. When ownership cannot be identified, these strays are taken to shelters, and, if they are not redeemed by their owner or adopted, they are euthanized. The licensing of cats would increase the likelihood that stray cats would be reunited their owners, and would concurrently lead to fewer euthanizations. The proposed Ordinance provides for a stay on the requirement to obtain a license for cats effective July 1, 2013. 2. Spaying and Neutering of Dogs and Cats The current City Animal Control Ordinance provides a discounted rate for dogs that are currently altered (i.e., spayed or neutered), however, there is no legal requirement for owners to spay or neuter their dogs. A majority of Temple City residents already spay and neuter their dogs. Within the City, staff issued approximately 2,558 dog licenses in fiscal year 2011-12. Of the 2,558 dog licenses, 72% were spayed or neutered (altered dogs), and 28% were unaltered dogs. Thus, the mandatory sterilization of dogs provision contained within Title 10-Animals will affect a small portion of dogs in Temple City. Under the proposed Ordinance all dogs over the age of four months shall be spayed or neutered unless the dog is a service dog, a dog used by law enforcement, or a dog which is unable to be spayed or neutered due to a high likelihood that the dog would suffer serious bodily harm or death due to age or infirmity. Many cities within Los Angeles County have adopted Title 1 0-Animals by reference and require sterilization of dogs and cats. In California, additional communities have developed their own ordinances mandating the spaying and neutering of dogs and cats. These communities include: Beaumont, Belmont, City of Clearlake, Hesperia, Laguna Woods, the City of Los Angeles, Pacific Grove, Sacramento, San Mateo, and Santa Cruz County. City Council September 25, 2012 Page 5 Under California law Food and Agricultural Code, Sections 30503 (pertaining to dogs) and 31751.3 (pertaining to cats), government shelters and humane societies are required to spay and neuter dogs and cats prior to adoption . There are 34 states that mandate sterilization of animals prior to adoption . Due to these mandatory laws, pets are spayed or neutered at releasing agencies . The City does not have statistical information on the number of cats that have been spayed or neutered, however the intent of the spay/neuter provision is to control the overpopulation of stray cats and dogs running at large. This will also reduce the number of animals impounded and subsequent need to be euthanized due to overpopulation within the shelters. Title 1 0-Animals does not mandate the immediate spaying or neutering of all cats, it does require all cats over six months to be spayed or neutered within 60 days of any sale or transfer of ownership. The proposed Ordinance provides for a delay on the mandatory spaying and neutering of dogs until July 1, 2013. 3. Mandatory Micro-chipping of Dogs From December 19, 2011 to August 30, 2012 Temple City Hall received over 450 animal control related calls. The third most common type of call for animal control services was for animals running at large. Many shelters advocate for the mandatory micro-chipping of animals and have attributed micro-chipping as the best method for reuniting lost pets with their owners. Micro-chipping also allows animal control officers to verify the spayed or neutered status of the pet. The proposed Ordinance provides for a delay on the mandatory spaying and neutering of dogs until July 1, 2013. 4. Vicious and Potentially Dangerous Dogs Title 1 0-Animals includes provisions that would allow animal control officers to administratively declare dogs that inflict injury upon persons when unprovoked to be "vicious", as well as to impose appropriate conditions upon the ownership of "potentially dangerous" and vicious dogs . Title 1 0-Animals further provides for the destruction of vicious animals the release of which would create a significant threat to public health, safety and welfare. While granting animal control officers the ability to control impacts that potentially dangerous and vicious dogs have upon the community, the administrative procedures protect the due process rights of dog owners by allowing them an City Council September 25, 2012 Page 6 opportunity to challenge any determination made regarding a dog through an administrative and/or judicial process . The City's current Animal Control Ordinance allows an owner to claim a vicious dog after an attack without any administrative hearings or determinations. Title 1 0-Animals contains provisions for administrative hearings and determinations, such as an order to destroy an animal deemed to be vicious . CONCLUSION: Title 10-Animals of the Los Angeles County Code is enforced in unincorporated areas of Los Angeles County and in numerous municipal jurisdictions. The cities of Baldwin Park, El Monte, Covina, Malibu, and West Hollywood have all adopted T itle 10-Animals as their default animal control ordinance . Title 1 0-Animals contains comprehensive standards that increase the effectiveness of the City's animal control in safeguarding the animals and people within the City. Additionally, many animal control service providers are familiar with Title 1 0-Animals. Thus, adoption of Title 1 0-Animals will facilitate the City's animal control provider 's ability to enforce animal control regulations . Upon adoption of Title 1 0-Animals, staff will continue with public outreach via mail notifications to coincide with dog license renewal letters, the City website, Temple City Connect Magazine, Connect-CTY, paper print publications (e.g., Temple City Tribune), and a cable TV slide to ensure that residents have ample time to prepare for the mandatory provisions. Pertinent staff will avail themselves to answer public inquires through phone, email, and personal interactions. FISCAL IMPACT: Adoption of the proposed Ordinance will not cause an immediate fiscal impact upon the City's budget. After July 1, 2013 , when several provisions of Title 1 0-Animals become effective, the City will generate revenue from the licensing of cats , however, there will likely be a proportionate increase in the expenditure of City resources stemming from the processing and enforcement of this regulation. The remaining portions of the Ordinance are not anticipated to have any fiscal impact on the City's Budget. ATTACHMENTS: A. Draft Ordinance No. 12-956 B. July 3, 2012 City Council Staff Report ATTACHMENT "A" ORDINANCE NO. 12-956 AN ORDINANCE OF THE CITY OF TEMPLE CITY AMENDING CHAPTER 6 OF TITLE 3 OF THE TEMPLE CITY MUNICIPAL CODE REGARDING ANIMAL CONTROL. THE CITY COUNCIL OF THE CITY OF TEMPLE CITY HEREBY ORDAINS AS FOLLOWS: SECTION 1: Chapter 6 ("Animal Control") of Title 3 ("Public Safety") is hereby repealed and deleted in its entirety. SECTION 2: A new Chapter 6 ("Animal Control") is hereby added to Title 3 ("Public Safety") to read as follows: 3600 -Adoption of Los Angeles County Animal Control Ordinance (A) Subject to the amendments contained in this Chapter, Divisions 1, 2, and 3 of Title 10 of the Los Angeles County Code ("Animals"), and any subsequent amendments thereto, are hereby adopted and incorporated herein by reference, and may be cited as the "Animal Control Ordinance" of the City of Temple City. (B) Notwithstanding the provisions of subsection (A), the provisions of the Animal Control Ordinance relating to mandatory microchipping of dogs, mandatory spaying and neutering of dogs, and mandatory licensing of cats, shall not become operative until July 1, 2013. (C) In the event there are any inconsistencies between the Animal Control Ordinance and this Chapter pertaining to animal control, the latter shall prevail. (D) In the event there are any inconsistencies between the Animal Control Ordinance and the City's Zoning Ordinance relating to animals, the latter shall prevail. (E) At least one copy of the Animal Control Ordinance shall be maintained on file either in the office of the City Clerk or the chief enforcement officer of animal control for public inspection. 3601 -Definitions Notwithstanding the definitions provided in Chapter 1 0.08 of the Animal Control Ordinance, whenever any of the following names or terms is used in the Animal Control Ordinance and this Chapter, each such name or term shall be deemed or construed to have the meaning ascribed to it in this section as follows: (A) "Board of Supervisors" shall mean the City Council of the City of Temple City. (B) "City'' shall mean the City of Temple City. (C) "County" or "County of Los Angeles" or "unincorporated territory of Los Angeles County'' shall mean the City of Temple City. (D) "Kennef' shall mean any lot, building, structure, enclosure, or premises upon whereupon or wherein four (4) or more dogs or cats, or any combination thereof, over four (4) months of age are kept or maintained for any purpose, including places where dogs are boarded, kept for sale, or kept for hire. (E) "Owner' shall mean any person who holds the license to the animal , or if the animal is not licensed , the person legally entitled to possession of the animal, or any person with primary responsibility for the care of the animal. An owner shall also include any adult person who has possession of, or who exercises control over, an animal. 3602 -Repeals to the Animal Control Ordinance Notwithstanding the provis ions of section 3600(A) of this Chapter, the following provisions of the Animal Control Ordinance are hereby repealed: Section 10.04.060 ("Penalty: General"); Section 10.20.038 ("Residential Dogs and Cats -Limitations"); Section 10 .20 .375 ("Penalty: Spay and Neuter"); Chapter 10.37 ("Potentially Dangerous and Vicious Dogs"); Section 10 .84 .030 ("Penalty: Predator Animals"). 3603 -Amendment: Dogs -Running at Large Prohibited Notwithstanding the provisions of section 3600(A) of this Chapter, section 10.32.010 of the Animal Control Ordinance is hereby amended to read as follows : 10.32.010-Dogs-Running at Large Prohibited-Exceptions A. No person owning or having charge, care, custody, or control of any dog shall cause, permit, or allow such dog to be or to run at large upon any highway, street, lane, alley, court, or other public place, or upon any private property or premises other than those of the person owning or having charge, care, custody, or control of such dog, in the City, unless such dog be restrained by a substantial chain or leash not exceeding six feet (6 ') in length and is in the charge, care, custody, or control of a competent person . B. No person owning or having charge , care, custody, or control of any dog shall cause, permit, or allow such dog to be or to run at large upon any private property or premises in the City unless said property or premises is enclosed by fencing or other structures sufficient to confine such dog to said property. 3604-Amendment: Non-Domesticated Mammalian Predators Notwithstanding the provisions of 3600(A) of this Code, section 10 .84 .010(B) of the Animal Control Ordinance is hereby amended to read as follows: B. For purposes of this chapter: 1. "Rodent" includes, but is not limited to, ground squirrels; 2 . NNon-domesticated " includes, but is not limited to, any animal that has not been adapted to human living conditions and practical uses, any animal that are not owned by a person, and any feral animal . 3. "Mammalian predators" include , but are not limited to , coyotes, raccoons, foxes, opossums, and cats. 3605 -Amendment: Fees Notwithstanding the provisions of 3600(A) of this Code, section 10 .90 .010 of the Animal Con t rol Ordinance is deleted in its entirety and replaced with the following 10.90.010-Fee Schedule A. The fees, costs, and charges to be paid for all services and activities set forth in the Animal Control Ordinance shall be established by resolution of the City Council. B. The Director may waive any fees in cases of undue hardship. 3606 -Penalties Any person violating or failing to comply with any provision, regulation, or requirement of the Animal Control Ordinance or of this Chapter shall be deemed guilty of a violation pursuant to Chapter 1.12 of this Code. 3607-Severability If any section, subsection, paragraph, sentence, clause or phrase of this Chapter is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this chapter. The City Council declares that it would have adopted this chapter, and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, phrases, or portions be declared invalid or unconstitutional. SECTION 3. This Ordinance shall take effect thirty (30) days after its adoption . The City Clerk, or her duly appointed deputy, shall attest to the adoption of this Ordinance and shall cause this Ordinance to be posted as required by law. ORDINANCE NO. 12·956 HAD ITS FIRST READING ON JUNE 19, 2012, ITS SECOND READING ON SEPTEMBER 25, 2012, AND WAS DULY PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AT ITS REGULAR MEETING OF----- Vincent Yu, Mayor Attest City Clerk City Council July 3, 2012 Page 2 of 7 necessary enforcement tools needed to mandate compliance from persons who refuse to voluntarily comply with applicable requirements. 4. Over the next several months, Community Preservation staff (including City Prosecutor James Eckart) and the Ad Hoc Committee discussed various methods of addressing the deficiencies, Including possible amendments to the City's Municipal Code. Potential amendments recommended by staff and the Ad Hoc Committee included, but were not limited to: regulations pertaining to the contalnment, retrieval, and abatement of shopping and laundry carts: the registration, maintenance, and security requirements for abandoned and vacant properties; public nuisances; animal control; and refined administrative citation procedures. Staff received valuable Input from the Ad Hoc Committee and moved forward with their recommendations. 5. On November 15, 2011, the City Council approved the first round of proposed code amendments that would facilitate improved enforcement of the Municipal Code and subsequent compliance of viotations. The ordinances approved were: Ordinance No. 11-948-Shopping and Laundry Cart Containment. Retrieval and Abatement; Ordinance No. 11·949 -Abandoned and Vacant Property Registration. Maintenance and Security Requirements; and Ordinance No. 11- 950-Public Nuisance Regulations. 6. On May 1, 2012, the Ad Hoc Committee reviewed staffs proposal to adopt Title 1 0 (" Animalsj of the Los Angeles County Code, as well as staff's proposed amendments to Title 1 0 to maintain some of the restrictions and prohibitions contained in the City's current Zoning and Animal Control regulations. The Ad Hoc Committee provided input, and recommended that the proposed Ordinance be submitted to the City Council for consideration and adoption. 7. On June 4 and June 11, 2012, public notices regarding the introduction and first reading of the proposed ordinance were published in the Temple City Tribune. 8. At the June 19, 2012 Council meeting Ordinance No. 12·957 was Introduced for first reading, by title only, amending Chapter 6 of Title 3 of the Temple City Municipal Code regarding animal control and adopting by reference Title 1 0 (''Anima1sj of the Los Angeles County Coda. PROCEDURAL HISTORY: At the last City Councll meeting, the Council introduced the attached Ordinance (Attachment •Aj and scheduled the public hearing for this evening, which Is required when another code is to be incorporated by reference Jnto the Municipal Coda. City Council July 3, 2012 Page 3 of7 ANALYSIS: Since its incorporation in May 1960, the City has adopted and enforced animal control regulations to protect the health and safety of Its residents and the public, as well as to promote the general welfare of the persons and animals within Temple City. Although the City has enacted several amendments to the Temple Clty Municipal Code pertaining to animals, a recent review and analysis of the regulations has demonstrated that the City's laws have not been adapted to adequately respond to growing concerns by City officials and the public, regarding amongst other Issues, vicious and/or potentially dangerous animalsi the growing number of cats and dogs that become stray and do not receive adequate food, shatter, and/or medical attention; and the Increase in stray household pets that are euthanized because their owners cannot be identified. In an effort to avoid a piecemeal overhaul of the City's Animal Control Ordinance. staff Is proposing that the City adopt Title 1 0 of the Los Angeles County Code, whHe still maintaining the City's Zoning regulations pertaining to the maximum number of animals that can be owned andlor maintained on properties within the city. The attached draft Ordinance has been prepared by staff and the city prosecutor (and has been reviewed by the City Codes Review Ad Hoc Committee), In order to amend the Municipal Code to replace the current Animal Control Ordinance with Title 1 0 of the Los Angeles County Code by reference. Although Title 10 contains general provisions to protect the health and safety of animals (through provisions requiring the vaccination of animals, the maintenance of sanitary premises upon which animals are kept and maintained, as well as providing animal control officers the ability to mandate medical treatment for animals in need)1 Tltle 1 o also contains provisions that are either lacking from the cays current Animal Control Ordinance. or that would otherwise Increase the City's ability to protect the health. safety, and general welfare of the animals within the City, their owners, and the general pubHc. Staff wishes to specifically advise the Council of the following areas of regulation contained within Title 1 0. Dog and Cat Ucenslng The current City Animal Control Ordinance requires dogs over the age of four (4) months to be licensed, however, Title 1 0 also extends the requirement for licenses to all cats over four (4) months of age. Although the primary purpose of requiring a license for dogs fs to ensure that all dogs have received requisite vaccinations, a secondary but just as important factor, is to Identify ownership of the dogs should a dog stray from Its home. Cities within Los Angeles County have seen a dramatic increase In the number of cats City Council July3, 2012 Page 4 of 7 that have become strays and whose ownership has not been identified. As a result, these animals are taken to shelters, and, if they are not redeemed by their owner or otherwise placed in suitable housing , they are euthanized. As has been (and would remain) the case with dogs, the requirement to obtain a license for cats would Increase the likelihood that stray cats would be returned to their owners, and would concurrently lead to fewer euthanizations. The proposed Ordinance provides for a stay on the requirement to obtain a license for cats effective January 1, 2013. Spaying and Neutering of Dogs and Cats Stray dogs are public safety hazards, and unsterilized dogs are more Hkaly to stray. Stray dogs can bite or attack people and other animals, cause traffic accidents, spread disease, damage property and harm the quality of life for residents In a community. Unneutered males search for mates In packs when female dogs come Into heat. Interference between male dogs intent on breeding can be dangerous. Neutering male dogs is often one of the first recommendations made by animal behaviorists to reduce aggression. Testosterone acts as a modulator that makes dogs react more intensely. When an unneutered dog decides to react to something, he reacts more quickly, with greater intensity and for a longer period of time. Intact (unneutered) males and females are more likely to display aggression related to sexual behavior than are neutered animals. Fighting, particularly In males and directed at other males, is less common after neutering. Female dogs are often very protective of their Utters and may bite If they feel their offspring are threatened. When related to the hormonal imbalance of false pregnancy or the agitation associated with estrus, irritable aggression in females is eliminated by spaying. According to the American Society for the Prevention of Cruelty to Animals \ASPCA"), neutering of female pets (both cats and dogs) helps prevent utertne Infections and breast cancer, which is fatal in about 50% of dogs and 90% of cats. Furthermore, each year. millions of cats and dogs of all ages and breeds suffer as strays . This extremely high number is the result, in large part. of unplanned litters that could be prevented by spaying or neutering . The current City Animal Control Ordinance provides a discounted rate for dogs that are currently altered (spayed or neutered), however, 1here is no legal requirement for owners to spay or neuter their dogs. Under the proposed Ordinance (and as contained in Title ~ O)j all dogs over the age of four (4) months shall be spayed or neutered unless the dog is a ~ervJce dog, a dog used by law enforcement, or a dog which is unable to be spayed or neutered due to a high City Council July 3, 2012 Page 5 of 7 likelihood that the dog would suffer serious bodily harm or death due to age or infirmity . Although Title 1 0 does not mandate the immediate spaying or neutering of all cats, it does require all cats over six (6) months to be spayed or neutered within 60 days of any sale or transfer of ownership. The proposed Ordinance provides for a delay on the mandatory spaying and neutering of dogs until January 1. 2013. Microchlpplng of Dogs As indicated above. cities statewide have seen an increase in the number of stray dogs along with a proportionate increase in the number of dogs that cannot be reunited with their owners. The most common reason dogs are not reclaimed is because they are not identified and an owner cannot be notified that their dog is at the animal shelter. Microchipping of animals has become a customary practice -millions of dogs and cats, horses. livestock, birds, wildlife and endangered species are chipped. Microchipping is a simple, non-surgical procedure. The microchip, which is approximately the size of a grain of rice, is injected undemeath the skin with a needle. There is no anesthesia required, and even the smallest anfmals such as fish, puppies and kittens are safely microchlpped. Hundreds of thousands of lost pets have been reunited with their distraught families because the pets were microch ipped. While tags can beoome lost or damaged, and tattoos can fade or be altered, microchips provide permanent identification with unique numbers that cannot be changed. The most important benefit of microchlpplng is the ability for Animal Control to positively identify stray dogs at local shelters. More dogs would be reunited with their families, and owners would be held more accountable for permitting their dogs to be at large . Public safety would also be enhanced in this regard. Microchipping also allows Animal Control officers to verify the spayed status of female dogs, because the medical certification of the surgery will be noted In the dog's licensing records. By being microchipped, which is also noted in the dog's licensing records, officers will be able to verify with certainty whether the dog is in compliance with the proposed Ordinance. Finally, mlcrochlpptng wl• prevent the substitution of one dog for another Jn order to avoid compliance with the proposed Ordinance -which would otherwise be very difficult to discern, especially with respect to purebred dogs or dogs of the same breed. The proposed Ordinance provides for a delay on the mandatory mlcrochlpping of dogs until January 1, 2013. City Council July 3, 2012 Page6 of 7 Vicious and Potentially Dangerous Dogs Trtle 10 also includes provisions that would allow Animal Control officers to administratively dedare dogs that Inflict injury upon persons when unprovoked to be "vicious". as well as to impose appropriate conditions upon tha ownership of •potentially dangerous" and vicious dogs. Title 1 0 further provides for the destruction of vicious animals the release of which would create a significant threat to public health, safety and walfare. While granting Animal Control officers the ability to control impacts that potentially dangerous and vicious dogs have upon the community, the administrative procedures protect the due process rights of dog owners by allowing them an opportunity to challenge any detennlnation made regarding a dog through an administrative and/or judicial process. Public Noticing Procedure. The City has complied with Callfomfa Government Code sections 50022.2 et seq., by conducting the first reading of the proposed Ordinance (and the Code being adopted by reference therein) on June 19, 2012. and scheduling a public hearing (to be conducted on July 3, 201 2). Moreover. the City has caused notice of the public hearing to be published in a newspaper of general circulation for two consecutive weeks prior to the scheduled public hearing. CONCLUSION: AHhough the City's current Animal Control Ordinance contajns many regulations that have helped the City safeguard the health and safety of animals and persons alike, circumstances within our community and surrounding areas require the City to enact legislation that will provide the greatest tools available to adequately respond to said circumstances. Title 1 0 of the Los Angeles County Code Is enforced not only in the unincorporated areas of Los Angeles County, but also in numerous municipal jurisdictions. Title 10 contains comprehensive Animal Control regulations that increase the effectiveness of the Cttys Animal Control officers in safeguarding the animals and persons within the City. In an effort to provide an adequate opportunity to residents of the clty to comply with many of the regulations contained within the proposed Ordinance (and Title 1 0), it also provides for a delay in the effectiveness (to January 1, 2013) of those provisions requiring mandatoJY license for cats; mandatory spaying and neutering of dogs; and mandatory spaying and neutering of dogs. City Council July 3, 2012 Page 7of7 RECOMMENDATION: In consideration of the above, staff recommends that the Council adopt proposed Ordinance 12·956, an ordinance of the City of Temple City amending Chapter 6 of Title 3 of the Temple City Municipal Code regarding animal control and adopting by reference Titfe 1 0 ("Animals") of the Los Angeles County Code. FISCAL IMPACT: Adoption of the proposed Ordinance will not cause an Immediate fiscal impact upon the City's budget. After January 1, 2013, when several provisions of Title 10 become effective, the City will generate moderate revenue from the licensing of cats, however. there will likely be a proportionate increase In the expenditure of City resources resulting from the processing and enforcement of said regulation. The remaining portions of the Ordinance are not anticipated to have any fiscal impact on the City's budget. ATTACHMENTS: A. ORDINANCE NO. 12-956 8. LOS ANGELES COUNTY CODE, TITLE 10 (•ANIMALS") ATTACHMENT "A" ORDINANCE NO. 12-956 AN ORDINANCE OF THE CITY OF TEMPLE CITY AMENDING CHAPTER 6 OF TITLE 3 OF THE TEMPLE CITY MUNICIPAL CODE REGARDING ANIMAL CONTROL. THE CITY COUNCIL OF THE CITY OF TEMPLE CITY HEREBY ORDAINS AS FOLLOWS: SECTION 1: Chapter 6 ("Animal Control") or Title 3 ("Public Safety-') is hereby repealed and deleted in its entirety. SECTION 2: A new Chapter 6 ("Animal Controlj Is hereby added to Title 3 ("Public Safety") to read as follows: 3600 -Adoption of Los Angeles County Animal Control Ordinance {A) Subject to the amendments contained in this Chapter, Divisions 1, 2, and 3 of Titte 10 of the Los Angeles County Code (•Animals"), and any subsequent amendments thereto, are hereby adopted and incorporated herein by reference, and may be cited as the ~~Animal Control Ordinance• of the City of Temple City. (B) Notwithstanding the provisions of subsection (A), the provisions of the Animal Control Ordinance relating to mandatory microchipping of dogs, mandatory spaying and neutering of dogs, and mandatory licensing of cats, shall not become operative until January 11 2013. (C) In the event there are any inconsistencies between the Animal Control Ordinance and this Chapter pertaining to animal control, the latter shall prevail. (D) In the event there are any inconsistencies between the Animal Control Ordinance and the City's Zoning Ordinance relating to animals, the latter shall prevail. (E) At least one copy of the Animal Control Ordinance shall be maintained on file either in the office of the City Clerk or the chief enforcement officer of animal control for public inspection. 3601 -Definition& Notwithstanding the definitions provided in Chapter 1 0.08 of the Animal Control Ordinance, whenever any of the following names or terms is used in the Animal Control Ordinance and this Chapter, each such name or term shaJI be deemed or construed to have the meaning ascribed to it in this section as follows: (A) "Board of SupervisorS' shall mean the City Council of the City of Temple City. (B) "CitY' shall mean the City of Temple City. (C) "Count}" or "County of Los Angei9S' or •unincorporsted territory of Los Angeles County" shall mean the City of Temple City. (D) "Kenner shall mean any lot, building, structure, enclosure, or premises upon whereupon or wherein four (4) or more dogs or cats, or any combination thereof, over four (4) month$ of age are kept or maintained for any purpose, including places where dogs are boarded, kept for sale, or kept for hire. (E) uownef shall mean any person who holds the license to the animal, or if the animal is not licensed, the person legally entitled to possession of the animal, or any person with primary responsibility for the care of the animal. An owner shall also include any adult person who has possession of, or who exercises control over, an animal. 3602 -Repeals to the Animal Control Ordinance Notwithstanding the provisions of section 3600(A) of this Chapter, the following provisions of the Animal Control Ordinance are hereby repealed: Section 1 0.04.060 ("Penalty: General•); Section 1 0.20.038 (11Resldential Dogs and Cats -Limitations"); Section 10.20.375 ("Penalty: Spay and Neuter'•); Chapter 10.37 f'Potentially Dangerous and Vicious Dogs"); Section 10.84.030 ("PenaJty: Predator Animals"). 3603 -Amendment: Dogs -Running at Large Prohibited Notwithstanding the provisions of section 3600(A) of this Chapter, section 10.32.010 of the Animal Control Ordinance is hereby amended to read as follows: 10.32.010-Dogs-Running at Large Prohibited-Exceptions A. No person owning or having charge, care, custody, or control of any dog shall cause, permit, or allow such dog to be or to run at large upon any highway, street, lana, alley, court, or other public place, or upon any private property or premises other than those of the person owning or having charge, care, custody, or control of such dog, in the City, unless such dog be restrained by a substantial chain or leash not exceeding six feet (61 ) in length and is in the charge, care, custody, or control of a competent person. B. No person owning or having charge, care, custody, or control of any dog shall cause, permit, or allow such dog to be or to run at large upon any private property or premises in the City unless said property or premises is enclosed by fencing or other structures sufficient to confine such dog to said property. 3604 -Amendment: Non-Domesticated Mammalian Predators Notwithstanding the provisions of 3600(A} of this Code, section 10.84.010(8) of the Animal Control Ordinance is hereby amended to read as follows: B. For purposes of this chapter: 1. "Aodenr includes, but is not limited to, ground squirrels; 2. •Non-domesticated .. includes, but is not limited to, any animal that has not been adapted to human living conditions and practical uses, any animal not owned by a person, and any feral animal. 3. •Mammalian predators" include, but are not limited to, coyotes, raccoons, foxes, opossums, and cats. 3605-Amendment: Fees Notwithstanding the provisions of 3600(A) of this Code. section 10.90.010 of the Animal Control Ordinance is deleted In Its entirety and replaced with the following 10.90.010-Fee Schedule A. The fees, costs, and charges to be paid for all services and activities set forth in the Animal Control Ordinance shall be established by resolution of the City Council. B. The Director may waive any fees in cases of undue hardship. 3606 -Penalties Any person violating or failing to comply with any provision, regulation, or requirement of the Animal Control Ordinance or of this Chapter shall be deemed guilty of a violation pursuant to Chapter 1.12 of this Code. 3607 -Severabillty If any section, subsection, paragraph, sentence, clause or phrase of this Chapter is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this chapter. The City Council declares that it would have adopted this chapter, and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, phrases, or portions be declared invalid or unconstitutional. SECTION 3. This Ordinance shall take effect thirty (30) days after its adoption. The City Clark, or their duly appointed deputy, shall attest to the adoption of this Ordinance and shall cause this Ordinance to be posted as required by law. ORDINANCE NO. 12·956 HAD ITS FIRST READING ON JUNE 19, 2012, ITS SECOND READING ON JULY 3, 2012, AND WAS DULY PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL Of THE CITY OF TEMPLE CITY AT ITS REGULAR MEEnNG OF---- VIncent Yu, Mayor Attest City Clerk Title 10 ANIMALS Division 1 ANIMAL CONTROL Chapter 10.04 GENERAL PROVISIONS• Chapter 10.08 DEFINITIONS Chapter 10.12 DEPARTMENT OF ANIMAL CARE AND CONTROL• AI I AL;HMt:N I ··ts·· Chapter 10.16 DEPARTMENT OF ANIMAL CARE AND CONTROL VOLUNTEER PROGRAM Chapter 10.20 DOGS AND CATS* Chapter 10.28 OTHER LICENSES Chapter 10.32 ANIMALS RUNNING AT LARGE Chapter 10.361MPOUNDMENT• Chapter 10.37 POTENTIALLY DANGEROUS AND VICIOUS DOGS Chapter 10.39 RODEOS Chapter 10.40 GENERAL REQUIREMENTS Division 2 ANIMAL HEAL TH[11] Chapter 10.48 DEFINITIONS AND GENERAL PROVISIONS[13] Chapter 10.52 STOCKYARDS AND HOG RANCHES Chapter 10.581MPORTING OF ANIMALS Chapter 10.60 TUBERCULOSIS CONTROL[15] Chapter 10.64 QUARANTINES Chapter 10.68 SANITATION AND OTHER REQUIREMENTS Division 3 MISCELLANEOUS REGULATIONS Chapter 10.72 ANIMAL DISEASE REPORTS[1 n Chapter 10.78 APIARIES[19] Chapter 10.80 DOGS IN OPEN VEHICLES Chapter 10.84 FEEDING OF CERTAIN PREDATOR ANIMALS Chapter 10.861NTERFERENCE WITH POLICE DOGS Chapter 10.90 FEES FOR SERVICES AND ACTIVITIES FOOTNOTES FOR TITLE 10 Chapter 10.04 GENERAL PROVISIONS* 10.04.010 Title of Division 1 provisions . 10.04.020 References to amendments and additions. -, - 10.04.030 Repealed ordinances not revived. 1 0.04.040 Interpretation of language. 10.04.050 Powers of deputies. 10.04.055 Authorization lo issue notices to appear-Qualifications of offiCei'S. 10.04.060 Violation-Penalty. 10.04.065 Fees for services. • Editor's note: The following notes set out legislative history only for those sections of Ord. 4729 which were not carried forward in the comprehensive amendment of Ord. 4729 made in 1967 by Ord. 9454: ~Sections 1Le9isiative HistorY'·· I I ;109-114 ·rln4729. ! ' 1351 !Amended by 7532 § 1, 1959. 1353 !Added by 8168 § 2, 1962. --·-- I 1371 [Added by 6937 § 2, 1956; amended by 7351 § 1, 1958. I 1372-375 I.Ad'ded by 6937 § 2. 1956. - l I ----·--. --- 1376 Added by 6937 § 2, 1956; amended by 7351 § 1, 1958 and 7829 § 2, 1960. 1408.5 rdded by 6937 § 3, 195ft 1409.5 !Amended by 7351 § 2, 1958; 7532 § 2, 1959; 8043 § 6, 1981. 1411.3 ~Added by 6937 § 3, 1958; amended by 7351 § 3, 1958. 1411.5 !Added by 6937 § 3, 1956. ]422 ~dded by4787 § 2, 1946. ]423 [Amended by8043 § 9,1961. 1424 !Added by 6189 § 2, 1953. r25 !Added by 8520 § 1, 1954; amended by 7084 § 5, 1957. r08.5 jAdded by 6937 § 5, 1956. ~-· Added by 6937 § 7, 11156: amended by 7351 § 3 (pill1), 1958; 7829 § 5, 1960; 8964 § 1, 1965. 1709 [In 4729, -2· 1709.5 jAmended by 8o-43 § 13, 1961 . -· ji1o---lin 4729~-· 1111 [ii-i472e-.------ j712 ~Ad d ed by 6405 § 1, 1954 . rm--rAd~r~d by 6937§-9:195e: ame-;,ded by 7351 §-i 1ese; 8964 § I 3. 1965. F 716 !Addedby-6937§9. 1956. 1717 !Add ed by 6937 § 10, 1956.-----·-- r1 fR~um bered to be § 2001 by 8043 §-1-5-, -,96-1-. ----- While subject matter similar to that set oul in the above sections may appear in provisions currently set outln the code, these sectfon numbers and the ordinances affecting them have never been repealed. For all other sections , for examp le § 301, changes made before amendment by Ord . 9454 have been incorporated in the history notes . 1 0.04.01 0 Title of Dtvislon 1 provisions. The ordinance set forth in Division 1 or this Title 10 shaJI be known as, and may be cited and referred to as , •the animal control ordinance: (Ord. 9454 § 1 (part), 1967: Ord. 4729 Art. 1 § 101, 1946.) 1 0 .04.020 References to amend mente and addltlona. Whenever any reference is made to any portion of this Division 1, such reference applies to all amendments and additions thereto now or hereafter made. (Ord. 9454 § 1 (part), 1967: Ord. 4729 Art. 1 § 104, 1946.) 10.04.030 Repeated ordinances not revived. No ordinance repealed by Ordinance 4729 as originally adopted is revived by the amendment of Ordinance 4729 by Ordinance 9454 . (Ord . 9454 § 1 (part), 1967: Ord . 4729Art. 1 § 103, 1946.) 10.04.040 Interpretation of language. A. The present tense includes the past and future tenses; and the future, the present. B. Each gender Includes both genders. C. The singular number Includes the plural and the plural the singular. (Ord . 87-0036 § 1, 1987: Ord. 9454 § 1 (part), 1967: Ord. 4729 Art. 1 §§ 105 end 106, 1946.) 10.04.050 Powers of deputies. Whenever a power is granted to or a duty Is imposed upon the director or other public officer, the power may be exercised or the duty may be performed by 8 deputy of the officer or by a person authorized, pt.tr.suant to law, by the officer, unless this Div ision 1 expressly provides otherwise . (Ord. 9454 § 1 (part), 1967: Ord. 4729 Art.1 § 107, 1946.) 10.04.0155 Authorization to issue notices to appear-Qualifications of offlcers. The director may In his discretion authorize any animal control officer who ha& the qualfflcatlons of 8 humane officer as set forth in Civil Code Section 607g to issue notices to appear in court pursuant 1o Penal Code Section 853 .5, el seq. Such animal control officers shall not be authorized to take any person Into custody even though the person to whom the notice is delivered does not give his or her written promise lo appear In court (Ord. 90..()()89 § 1, 1990.) 10.04.060 Violation-Penalty. A. Any person violating any of the provisions of this title is guilty of an infraction, unless another penalty is provided for in this UUe. B. Violation of Sections 10.12.190 10.12.200 10.20.280 10.20.310 10.28.060 10.28.280(C} 10.32.020 10.32.070 10.32.080 10.37.030 1 0.37 .OSO(C) 10.37.060(F) 10.40.010 10.40.040 10.86.010 of this title fs a misdemeanor, punishable as set forth in Penal Code Section 19. (Ord. 2004-0036 § 1, 2004: Ord. 90-0089 § 2, 1990: Ord. 89--0188 § 1, 1989: Ord. 87..0191 § 16, 1987: Ord. 83-0043 § 1, 1983: Ord. 9454 § 1 (part), 1967: Ord. 4729 Art. 1 § 108, 1946.) 10.04.065 Fees for services. The fees and costs for animal-related services shall be determined annually by the Auditor-Controller, and posted 1n each sheller and on the department's website. (Ord. 2009-0017 § 1, 2009.) Chapter 10.08 DEFINmONS 10.08.010 Application of definitions. 10.08.020 Animal. 10.08.021 Small animal. 1 0.08.022 Large animal. 10.08.030 Anlmalexhlbltion. 10.08.031 Animal faelllty. 10.08.032 Animal Facility Grade Card. 10.08.033 Animal Fad lily Inspection Report. 10.08.040 Animal menagerie. 10.08.050 Animal shelter. 10.08.060 Approved rabies vaccine. 10.08.065 Boarding facility. -4- 10.08.070 Breeding facility. 10.08.075 Business days. 10.08.080 Cat. 10.08.095 Competition dog. 10.08.100 Department. 10.08.11 0 Director. 10.08.120 Dog. 10.08.140 Grooming parlor/mobile. 10.08.145 Stables. 10.08.150 Guard dog. 10.08.155 Hobby breedar. 10.08.160 Impounded. 10.08.170 Livestock . 10.08.175 Nonprofit humane organization . 10.08.190 Person. 10.08.200 Pel shop . 10.08.205 Pygmy pfg. 10.08.210 Section. 10.08.220 Shell and may. 10.08.225 Unaltered. 10.08.230 Unlicensed dog or cat. 10.08.240 Wholesale wild animal dealer. 10.08.250 Wild animal. 10.08.010 AppllcatJon of definitions. Whenever in Title 10 the following terms ere used, they shall have the meaning ascribed to them in this chapter unless It ts apparent from lhe context thareof that some other meaning is Intended . (Ord . 90-0137 § 1, 1990; Ord. 8454 § 1 (part), 1967: Ord. 4729 All 2 § 201, 1946.) 10.08.020 Animal. MAnlmal" means any animal, poultry, bird, rep~le, fiSh or any other dumb craature. (Ord . 9454 § 1 (part), 1967: Ord. 4729 Art 2 § 217, 1948.) 10.08.021 Small animal. "SmaU animal" means any animal that weighs less than 250 pounds. (Ord. 2000-0075 § 1, 2000: Ord. 80..0137 § 2, 2000.) 1 0.08.022 Large animal. "Large animal" means any animal that weighs 250 pounds or more. (Ord . 2000-0075 § 2, 2000: Ord. 90-0137 § 3, 1990.) 10.08.030 Animal exhibition. ·Animal exhibition" means any display containing one or more domestic or wild animals which are exposed to public view for entertainment , instruction or advertisement. (Ord. 93·0002 § 1, 1993: Otd. 9454 § 1 (part), 1967: Ord. 4729 Art. 2 § 219, 1946.) 10.08.031 Antmal facility. "Animal facility'' means a lot, building, structure, enclosure or premises for any animal related bUBiness or organization. including, but not limited to, a non-profit humane organization animal facility (as defined In Section 10.08.175), a grooming shop, a pet shop, a boarding facility, and a breeding facility, which is required to be licensed under Section 10.28.060. (Ord . 2009-0043 § 1, 2009; Ord. 2004-0036 § 2, 2004 .) 10.08.032 Animal FacUlty Grade Card. "Animal Facility Grade Card" means a card Issued by the department. showing the Jetter grade eamed by an animal facnity, as reflected in the most recent Animal Facfllty Inspection Report. The Animal Facility Grade Card must be displayed in accordance with the provisions of Section 10.28.280. (Ord. 2004-0036 § 3, 2004.) 10.08.033 Animal Facility tnapectlon Report. A Animal Facility Inspection Report• is the report of the department reflecting ltle conditions existing at tha facility at the lime of the Inspection. The letter grade received by the facility is based on the final score set forth In the Animal Facility Inspection Report. (Ord. 2()()4..()036 § 4, 2004.) 10.08.040 Anfmal menagerie. "Animal menagerie• means a place where wild animals are kept or maintained for any commercial purpose, Including places where wild animals are boarded, trained, or kept for hire. (Ord. 9454 § 1 (part), 1967: Ord. 4729 Art. 2 § 220, 1946.) 10.08.050 Animal shelter. "Animal Shetter" means a place where animals Impounded by the department are placed for their humane care and keeping . (Ord. 20D0-0075 § 3, 2000: Ord. 9454 § 1 (part), 1967: Ord. 4729 Art. 2 § 221, 1948.) 10.08.080 Approved rabies vaccine. "Approved rabies vaccine• means a rabies vaccine which Is approved for use by the state of California Department of Public Health. (Ord. 2000-0075 § 4, 2000: Ord. ,0298 § 1, 1971: Ord. 4729 An. 2 § 224, 1946.) 10.08.085 Boarding facility. "Boarding facility'' means an animal facllltyuBed for the care and temporary boarding (Including day care) cf dogs and cals and other animals normally kept as pets, In return for consideration, not including an animal hospital which only boards animals receiving medical treatment. (Ord. 2()()9..()043 § 2, 2009.) 10.08.070 Breeding facility. "Breeding facility" means an animal facility engaged In the business of breeding dogs and cats or other animals normally kept as pets for sale or exchange in retum for consideration. (Ord. 2009-0043 § 3, 2009.) 10.08.075 Bualnna days. . 8. "Business days· are all days other than Sunday and legal holidays. (Ord . 2000-0075 § 6, 2000 .) 1 0.08 .080 Cat. "Cat• means any cat of any age, Including female as well as male. (Ord. 9454 § 1 (part), 1967 : Ord . 7829 § 1,1960: Ord . 4729 Art . 2 § 212, 1946.) 10.08.095 Competition dog. ~competition dog• Includes a dog which Is used to show, to compete or to breed, which Is of a breed recognized by and registered with the American Kennel Club (AKC), United Kennel Club (UKC), American Dog Breeders AssoclaUon (ADBA), or other valid registry approved by the deparlment and meets one of the foMowing requirements: A. The dog has competed In at least one dog show or sporting competition sanctioned by a national registry or approved by the department, within the last 365 days; B. The dog has earned a conformatfon, obecllenc:e, agility, carting, herding, protection, rally, sporting, working or other title from a purebred dog registry referenced above or other registry or dog sport association approved by the department; or c . The owner or custodian of the dog Is a member of a purebred dog breed club, approved by the department, which maintains and enforces a code of ethics for dog breeding that Includes restrictions from breeding dogs with genetic defects and life threatening health problems that commonly threaten the breed. (Orcl. 2006-0029 § 2, 2008.) 10.08.1 DO Department. "Department• means the Los Angeles County department of animal care and control . (Ord. 9454 § 1 (part), 1967: Ord. 4729 Art. 2 § 218, 1946.) 10.08.110 Director. •oirector• means the director of the department of animal care and control. (Ord. 9454 § 1 (part), 1967: Ord. 4729 Art. 2 § 216, 1946.) 10.08.120 Dog. •0og• means any dog of any age, indudlng female as well aa male. (Ord . 9454 § 1 (part), 1967: Ord. 4729 Art. 2 § 202, 1946.) 10.08.140 Grooming parlor/mobile. "Grooming partor/mobllew means any ptace of business, whether or not such business Ia regularly conducted by the operator within a buUding or other structure, permanent or otherwise, or within a van, truck or other movable vehicle, where for consideration animals are groomed, cUpped, bathed or olhefwise conditioned as pets and/or for show. (Ord. go.. 0089 § 3, 1990: Ord. 10487 § 3, 1972: Ord. 4729 Art. 2 § 225, 1946.) 10.08.145 Stables. "Stables• means any property, premises . building or structure maintained for the lodging, feeding, or rental of horses and cattle . (Ord. 200()..()()75 § 7, 2000: Ord . 90.0137 § 4, 1990 .) 10.08.150 Guard dog. "Guard dog• means a dog rented by the owner to another person for guard cluty. (Ord. 9454 § 1 (part), 1967: Ord . 4n9 Art. 2 § 223, 1946.) 10.08.155 Hobby breeder. "Hobby breeder" Is any person, except for a person possessing a valid animal fac!Jity license, who owns and breeds a dog or cat and sells lhe offspring for pay or for other compensation. A hobby breeder Is required lo obtain a license pursuant to Section 10 .20.045. (Ord. 2009-0043 § 6, 2009; Ord. 2006.0029 § 1, 2006: Ord . 2004.0036 § 5, 2004.) ·1 · 10.08.160 Impounded, If any animal has been received into the custody of the director pursuant to the provisions of this Division 1 or any slate statute , such animal will have been "impounded" as that word is used in this Division 1. (Ord. 85-0204 § 1, 1985: Ord. 9454 § 1 (part), 1967: Ord. 4729 All2 § 203, 1946.) 10.08.170 Livestock. "Livestock-includes but is not limited to the following: any pig, pygmy pig, hog, oow, bull ateer, horse, mule, jack, jenny, hinny, sheep, goat, llama, domestic fowl or rabbit. (Ord. 2000-0075 § 8, 2000: Ord. 9454 § 1 (part), 1967: Ord. 4729 Art 2 § 210 , 1946.) 10,08.175 Nonprofit humane organization. "Nonprofit humane organization animal facility" means an animal facility operated by a bona fide charity In good standing under the provisions of Section 501(c)(3) of the lnlernal Revenue Code, where animals are kept for adoption or sanctuary. (Ord. 2009-0043 § 7, 2009; Ord. 2000-0075 § 9, 2000.) 10.08.190 Person. "Person" means and includes an individual, a company, firm, partnetShip, corporation, trust, Umlted liability company, and any association of persons or other legal entity. (Ord. 2011-0011 § 1, 2011: Ord. 9454 § 1 (part), 1967: Otd. 4729 Art. 2 § 205,1946.) 10.ot.200 Pet shop. "Pet shop• means any place of business where dogs under four months of age, or cats, monkeys , birds, reptiles, fish, or any other animals to be used as pets, are kept for aale. (Ord. 9454 § 1 (part),1967: Ord. 4729M. 2 § 214, 1946.) 10.08..205 Pygmy pig. "Pygmy pJg• means a pig or hog classified as Sus scrota jubatus Muller, or Sus scrofa (crialatus) vlttatua, and commonly referred to as a vtetnamese pot-bellied pig, pygmy pig or mlnl..plg, which stands no higher than 20 lnchea at the shoulder and Is no longer than 40 inches from the tip of the head to the end of the buttocks, and weighs no more than 120 pounds . (Ord. 92.0110 § 1, 1992.) 10.08.210 Section. "Section• means a section of Titie 1 o of the County Code, as set forth in this Division 1, unless some other ordinance or statute Is menttoned . (Ord. 85-0204 § 2, 1985: Ord. 9454 § 1 (part), 1967: Ord. 4729 Art. 2 § 206, 1948.) 10.08.220 Shall and may. "Shall• Is mandatory and •may· is permissive. (Ord . 9454 § 1 (part), 1967: Ord. 4729 Art. 2 § 207, 1946.) 10.08.22! Unaltered. "Unaltered~ means an animal which has not been spayed or neutered. (Ord. 2006-0029 § 3, 2006.) 10.08.230 Unlloanaed dog or cat. ·unUcensed dog or car means any dog or cat for which the license for the current year has not been pald, or to which the tag for the current year, provided for In this Dlvl&lon 1, 16 not attached. (Ord. 2000-0075 § 10, 2000: Ord. 9454 § 1 (part), 1987: On:l. 4729 Art . 2 § 208, 1946.) 10.08..240 Wholesale wUd animal dealer. -8- "Wholesale wild animal dealer" means a person engaged in the business of selling wild animals for the purpose of resale, or who sells wild animals to persons for use other than as pets. (Ord. 9454 § 1 (part), 1967: Ord. 4729 Art. 2 § 222, 1946.) 1 0.08.250 Wild animal. "Wild animal· is any nondomestic, exotic or dangerous animal, including but not limited to the following: wild animaVdog hybrids and other mammals, wildfowl, fish and reptiles. (Ord. 2000.0075 § 11,2000: Ord . 9454 § 1 (part), 1967: Ord. 4729 Art . 2 § 215, 1946.) Chapter 10.12 DEPARTMENT OF ANIMAL CARE AND CONTROL• 10 .12.010 Continuation. 10.12.020 Director-License duties generally. 10.12.030 Director and other employees-Tax collector responsibilities. 10.12.040 Powers of deputtes. 10.12.050 Authority to accept negotiable paper. 10.12.060 Public spay and neuter cllnic-Establlsnment-Servlces and fees. 10.12.070 Public: education programs. 10.12.075 Incentive programs. 10.12.080 Animals held for observation for department of public health. 10.12.090 Capture end custody of animals required when. 10.12.100 Animals kept In animal shelters. 10.12.110 Fees for laking unwanted animals . 10.12.120 Removing animals from custody-Requrements . 10.12.130 Dead animals and dead livestock-Pickup from public and private property-Fee-Exceptions. 10.12.140 Dead animals-Pickup fran businesses or other facilities. 10.12.150 Tranqutllzer gun equipment-Use authorized When . 10.12.160 Inhumane treatment-Enforcement of state law. 10.12.161 Stealing or driving cats away from owners prohibited when. 1 0.12.170 Complaint Investigation authority. 10.12.180 Unlicensed or unvacdnated dogs or cats-Right of entry for enforcement 1 0 .12.190 Refusing to show license or certificate unlawful. 10.12.200 Interfering with deparbnent officers prohibited. 10.12.210 Right of entry for enforcement-CondHions. 10.12.220 Animal fac:lllty inspection and grading authonly. -9- .. Editor'& note: The title of Ordinance 4729 Article 3 was amended to be the department of animal cere and control by Ord. 11670 § 1, 1978. 10.12.010 Continuation. The county department of animal care and control under the administrative management of the director, and the offiC8 of the director, are both hereby continued. (Ord. 11670 § 1, 1978: Ord. 9454 § 1 (part), 1967: Ord. 8043 § 2, 1961; Ord. 6937 § 1, 1960: Ord. 4729 Art. 3 § 301, 1946.) 10.12.020 Dlrector-·Ucense duties gen•rally. The director shall Issue aU licenses required by this Division 1, and shall maintain those records required by this Division 1, and handle all fees In such a manner as prescribed by the Los Angeles County auditor-controller. (Ord. 9454 § 1 (part), 1967: Ord. 7758 § 1,1960: Ord. 7285 § 1, 1958: Ord. 6955 § 1, 1956: Ord. 4729 Art. 3 § 307, 1946.) 1 0.12.030 Director and other employees-Tax collector responsibilities. For the purpose of issuing all other licenses required by this Divislon 1 and for no other purpose, the director and each employee designated by the director shall be appointed as a deputy county tax coleclor, to serve wflhout additional pay as such. {Ord. 10354 § 1 (part), 1971: Ord. 4729 Art. 3 § 308, 1946.) 10.12.040 Powera of deputies. Whenever a power Is granted to, or a duty is Imposed upon, a public offiC8r, the power may be exercfaed or the duty may be performed by a deputy or the officer or by a person authorized, pursUClnt to law, by the officer, unless this Division 1 expressly provides otherwise. (Ord. 9454 § 1 (part), 1967: Ord. 4729 Art. 3 § 311, 1946.) 10.12.050 Authority to accept negotiable paper. The director and the tax collector, in their discretion, may accept negotiable paper as provided In Ordinance 4099, the AdmlnlstraUve Code, and subject to all of the provisions of Sections 25303.1 and 25303.2, 25303.3, 25303.4, 25303.5 and 25203.6 of the Government Code. (Ord. 9943 § 2, 1970: Ord. 9454 § 1 (part), 1967: Ord. 4729 Art. 3 § 314, 1946.) 10.12.060 Public spay and neuter clinio-Establlahment-Services and faa. A. The director may establish a clln1c, at which members of the public may have dogs and cats spayed or neutered In a humane manner upon payment of the applicable fees. B. A person submitting a dog or cat for the above service shall sign a consent form certifying thereon under penalty of perjury that he Is the ovmer of the animals, or setting forth facta showing that he Is otherwise authorized to present the animal for the above operation and such person may be required to furnish proof of such ownership or authority. Such consent shall contain a waiver of any and all liability of the county, the department of animal care and control and any county employees for any injury or death to an animal arlslng out of the aforementioned operation or any SetVIces provided Incidental thereto. c. The department ahall establish a return date by which a perscn submitting an animal for the above operation shall pick up such •nlmal or be subject to a reasonable board and care fee to commence the day after such retum date. Failure to pick up an anlmal within 15 days of the retum date &hall be deemed abandonment of auch animal, and the di'ector may dispose of It by sale or destruction. (Ord. 2009-0017 § 2, 2009: Ord . 90-0137 § 5, 1990: Ord. 88-0155 § 9, 1988: Ord. 87- 0036 § 2, 1987: Ord. 8~204 § 3,1985: Ord. 81..(J051U § 2, 1981: Ord.12384 § 1, 1981: Ord.11n1 § 3,1978: Ord. 11658 § 1 I 1978: Ord. 10798 § 1, 1974: Old. 4729 Art. 3 § 318, 1946.) 10.1~070 Public education programs. The director may establish public education programs as deemed necessary to cany out the departmenrs duties and responsibilities for the humane treatment of animals . (Ord. 11302 § 1, 1976: Ord. 4729 Art. 3 § 319, 1946.) 10.12.0T51ncentlve programs. -10. The director at hi& or her discretion, may offer Incentive programs to encourage compliance with the dog and cat licensing requirements. (Ord. 2000-0075 § 12, 2000 .) 10.12.080 Animals held for observation for department of public health. The director shall pick up or accept and care for any animal to be held for observation by the director of public health. (Ord. 2006-0040 § 36, 2006: Ord. 9454 § 1 (part), 1987: Ord. 4729 Art . 3 § 303, 1946.) 10.12.090 Capture and cuatody of animals required when. The director shall capture and take Into custody: A. All unlicensed dogs; B. Any other animal, wild or domestic, which Is by this Division 1 required to be licensed, but which is unlicensed; C. Any animal being kept or maintained contrary to the provisions of this Division 1, the Animal Control Ordinance, or any other ordinance or state statute; D. Dogs and other animals running at large contrary to the provisions of the Food and Agricultural Code or any other state statute or of this Dlvlllon 1; E. Sick, injured, a tray, unwanted or abandoned an1malsi F. Dogs which are unvaccinated in violation of this Division 1; G. Animals delivered by the owners to the director, alltiUe and Interest In which is abandoned by such owners; H. Animals for which the owner or custodian Is unable to care because of imprisonment, Illness, bankruptcy, IIUgatlon or other contingency, or In cases in which the owner or custodian cannot be found. (Ord. 9454 § 1 (part), 1967: Ord . 4729 Art. 3 § 302, 1946.) 10.12.100 Anlrnafa kept In animal shelters. The director shall place animals taken into custody in the county animal shellers or appropriate fae~lllles. (Ord. 2000-0075 § 13, 2000: Ord. 9464 § 1 {part), 1967: Ord. 4729 Art. 3 § 304, 1948.) 10.12.110 Fees for taking unwanted animals. The department shall charge the fees prescribed for 1he laking up or relinquishing of an unwanted anfmal when requested to do so by the anlmars owner or other person having custody or control over said animal. (Ord. 2009-0017 § 3, 2009: Ord . 90-0137 § 6, 1990: Ord. 87-0036§ 3,1987: Ord. 85-0204 § 4, 1985: Ord. 83..0182 § 1, 1983: Ord. 11771 § 5, 1978: Ord. 4729Art. 3 § 320, 1946.) 10.12.120 Removing animals from cuatody-Requirementa. A pe111on shaU not remove any animal from the custody of the director, nor shall any person remove any animal from a county animal shelter, vehicle or trailer without flrst paying the necessary fees as set fotth In this Division 1 or without reoeivlng permission from the director to do so. (Ord. 2000-0075 § 15,2000: Ord. 9454 § 1 (part), 1967: Ord. 4729 Art. 3 § 316, 1946.) 10.12.130 Daad animals and daad llvaatock-Pickup from public and private property-Fee-Exceptions. The director shall pick up and dispose of all dead animals and livestock on public highways and on public and private property wilhln the unincorporated areas of Los Angeles County, where the owner is unknown, or at the request of the animal's owner or other person having custody or control over the animal . The fees for such removal services shall be determined annually as provided in Section 10 .04.065. The director shall not pick up 11ny dead animals: A. In Garbage Disposal Districts where contractors are required to perform such service pursuant to contract; B. In beach areas which are maintained by the department of beaches and harbo111. (Ord. 2009-0017 § 6, 2009: Ord. 9Q.. 0137 § 8, 1990: Ord. 87·0036 § 4, 1987: Ord. 85-0204 § 5, 1985: Ord. 11771 § 4, 1978: Ord. 9454 § 1 (part), 1987: Ord . 4729 Art. 3 § 305, 1948.) 10.12.140 Dead •nfmata-Pickupfrom buslnessea oro!Mrfactlldes. -11 • For each pickup or receiving of dead animals from any animal-related business, such as a pet hospital, nonprofit humane organization animal facility, stable or ~eterinary establishment, or any commercial, industrial, educational, medical or other facility that deals with animals In connection wtth ils operation, the director shall collect the fees determined annually as provided In Section 10.04.065. (Ord. 2009-0043 § 8, 2009; Ord. 2009-0017 § 6, 2009: Ord. 2000-0075 § 16,2000: Ord. 90-0137 § 9, 1Q90: Ord. 88-0155 § 5,1988: Ord. 87-0036 § 5, 1987: Ord. 85-0204 § 6,1985: Ord.11176 § 1, 1975: Ord. 4729 Art. 3 § 305.5. 1946.) 10.12.150 Tranquilizer gun equipment-Use authorized when. The director may designate supervisory and selected animal control officers who wUI be authorized lo transport and operate tranquilizer gun equipment for use in the capture and seizure of animals. {Ord. 2000-oo75 § 17, 2000: Ord. 83- 0182 § 2, 1983: Ord.10594 § 1, 1912: Ord. 4729 Art. 3 § 317, 1946.) 10.12.160 Inhumane treatment-Enforcement of state law. It shall be tha duty of lhe director to enforce those sections of the Penal Code of the state of California pertaining to the Inhumane treatment of animals, and to take possession of animals so abandoned or neglected snd care for or dispose of same as provided for In the Penal Code of the state of California or this Division 1. (Ord. 10354 § 1 (part), 1971: Ord. 9454 § 1 (part), 1967: Ord. 4729 Art. 3 § 309,1946.) 10.12.161 Stealing or driving cats away from ownens prohibited when. A person shall not steal, take, carry,lead or drive away the cat of another, with intent to permanently or temporarily deprive the owner or possessor thereof. (Ord. 82-Q122 § 1, 1982.) 10.12.170 Complaint investigation authority. The director shall receive, investigate and report to other county officers and county departments complaints concerning disturbing or offensiVe noises or conduct of animals or fowl kept or maintained In the unincorporated territory of the county of Los Angeles. (Ord.10354 § 2, 1971: Ord. 4729 At1. 3 § 310, 1946.) 10.12.180 UnllcansMI or unvaccinated dogs or cats-Right of entry for enforcement. For the purpose of discharging the duties Imposed upon him by this Division 1, the director, in order to enforce the provisions hereof to take up and impound any unlicensed or unvaccinated dog or cat, may enter any real property upon which any dog or cat is kept or harbored or upon whleh he has reason to believe any dog or cat 18 kept or harbored and demand the exhibition by the person owning or having charge or control of any such dog or cat. of the dog or cat, the required rabies vaoctnaUon certificate, and the license or license tag for such dog or cat for the current year provided for by this Division 1. This aecUon does not permit any person to enter any private dwelling, except where necessary to rescue an animal. (Ord. 2000-0075 § 18,2000: Ord. 9454 § 1 (part), 1967: Ord. 4729 At1. 3 § 312, 1946.) 10.12.180 Refusing to show license or certificate unlawful. Any parson upon whom any damand Is made under authority of this Division 1 for lhe exhibition of any dog or cat, rabies vaccination certificate, or any dog or cat license or tag, who falls or refuses to exhibit the same If he has It In his possession, Is guHty of a violation of this Division 1, which ahall be punishable a& herein provided. (On:L 2000...()()75 § 19, 2000: Ord. 9454 § 1 (part), 1967: Ord. 4729 Art. 3 § 313, 1946.) 1 0.12.200 Interfering with department offlcet"B prohibited. A person shall nol1nterfera With, oppose or resist the dlredor or an employee of the department, while such person is engaged In the performance of any act authorized by thls Dlvlslon 1. (Ord. 4729 § 315, 1946,) 10.12.21 0 Right of entry for enforcement-Conditione. A. The director, any officer or employee thereof, or other duly designated representative of the county, and any pollee officer shall have the right to make an inspection to enforce the provisions of this Division 1 or other applicable law by ·12. entering into any building or upon any property within the unincorporated territory of the county of Los Angeles when said person has reasonable cause to believe that there exists in any building and/or upon any property any violation of the provisions of this Division 1 or other applicable law, provided that: 1. If such building and/or property is occupied, he shall first present proper credentials to the occupant and request entry, explaining his reasons therefor; and If such building andlor property is unoccupied, he shall first make a reasonable effort to locate the owner thereof or other persons having authority over the building and/or property and request entry, explaining his reasons therefor; 2. If entry into &aid building or upon said property be refused, the director, any officer or employee thereof, or other duty designated representative of the county, and any police officer shall obtain an inspection warrant pursuant to the provisions of the Code of Clvl Procedure (Sections 1822.5D-1822.57), ror lhe entry and Inspection of said bul1dlng and/or said property; 3. Notwithstanding the foregoing, If the director, any officer or employee thereof, or other duly designated representative of the county, and any police officer has reasonable cause to believe that the keeping or the maintaining of any animal is so ha:zardous, unsafe or dangerous as to require immediate Inspection to safeguard the animal or the public health or safety, he shall have the right to immediately enter and inspect such building and/or property, and may use any reasonable means required to effect such entry and make such inspection, whether such building and/or property is occupied or unoccupied, and whether or not permission to Inspect has been obtained. If the building and/or property is occupied, he shall first present proper credentials to the occupant and request entry, explaining his reasons therefor. B. This secUon shall nol prohibit the director, any officer or employee thereof, and any pollee officer from entering upon any public or privata properly In the unincorporated territory of the county of Los Angeles for the purpose of capturing an animal running at large in vlolaUon of this Division 1 or other applicable law. Any person who denies or prevenb, obstructs , or attempts to deny, prevent or obstruct said capture Is guilty of a misdemeanor. (Ord.11489 § 1, 1977: Ord. 9454 § 1 (part), 1967: Ord. 4729 Art. 3 § 306, 1946.) 10.12.220 Animal facility Inspection and grading authority. The director, or his or her duly authorized representative, shall Inspect every animal faclllly aMually as provided in Section 10.28.050, and shan report on the findings of said Jnspectlon In an animal facility Inspection report. The letter grade Issued by the department shall be based on lhe moat recent animal facility Inspection report of the facility. The director fs authorized to recommend appropriate licensing or other legal action as set forth In Section 10.28.290. (Ord. 2004-0036 § 6, 2004.) Chapter 10.16 DEPARTMENT OF ANIMAL CARE AND CONTROL VOLUNTEER PROGRAM 10.16.010 Created . 10.16.020 Administration. 10.16.030 Personnel-Recruitment and compensation. 10.16.040 Tenure of personnel. 10.16.050 Expense reimbursement. 10.16.060 Outiea. 10.18.010 Created. There Is hereby created the department of animal care and control volunteer program, hereinafter referred to in this chapter as the Nvolunteer program .• (Ord. 10991 § 1 (part), 1974: Ord. 4729 Art. 12 § 1200, 1946.) 10.11.020 AdmlnlltratiDn. The director shaU have ultimate responslbUity and authority over the volunteer program and &hall establish such rules, regulations, staff support and equipment as may be necessary for such volunteers to adequately cany out the duties enumerated in Section 10.16.070. (Ord . 10991 § 1 (part), 1974: Ord. 4729 Art. 12 § 1205, 1946.) -13- 10.16.030 Personnel-Recruitment and compensation. A. The director of the department of animal care and control shall have the responsibility for the selection and assignment of personnel under this volunteer program. All personnel within this program may be recruited from citizens and other lawful residents with a generat concern for the humane treatment of animals, who support the mission and phUosophy of the department. B. All positions within this volunteer program shall be on a volunteer and unpaid basis, and their status as county emploYMS shall be govemed by the salary ordinance set out at TiUe 6 of this code, under the heading of Volunteer Worker, W/0 Comp. (Ord. 200()..0075 § 20, 2000: Ord . 85-0204 § 7, 1985: Ord. 10991 § 1 (part), 1974: Ord. 4729 Art. 12 § 1201, 1946.) 10.16.040 Tenure of personnel. The personnel within this volunteer program shall serve at the pleasure of the director of lhe department of animal care and control and mey be terminated at any time for any reason . (Ord. 2000-0075 § 21, 2000: Ord. 10991 § 1 (part), 1974: Ord. 4729 Art. 12 § 1202, 1946.) 10.16.050 Expenae reimbursement. Each volunteer shall be reimbursed for his actual and necessary travel expenses If he Is required to travel In the performance of his duties, Including transportation, meals and lodging, in accordance with the provisions of Ordinance 4099, the AdministratJve Code. (Ord. 10991 § 1 (part), 1974:0rd. 4724 Art. 12 § 1203, 1946.) 10.16.060 Duties. A. All volunteers participating In this volunteer program shall be responsible to and take direcUon from the director and such of his deputlea as he shall authorize . B. The duties of the volunteers consist of the following: 1. To assist the department In reunlUng lost pets with their rightful owners through the use of lost-and-found newspaper ads, stray animal lists of each center, telephone calla regarding lost-and-found animals and infonnatlon sheets of other shelters and other possible means of locating lost peta; 2. To assist the department in escorting elementary schoot classes, ctvic groups , and ~H Clubs through the animal control centers; 3. To assist the department of animal care and control In promotfng the Jow-c:ost spay and neuter clinics; ... To assist In promoting the adoption of animals from the department of animet care and control canters; and C. In addition to the duties designated In subaectfon 8 of this section, each voiLmteer shall have such additional duties as the direCtor shall prescribe. (Ord. 2000-0075 § 22, 2000: Ord. 83-0182 § 3, 1983: Ord. 10991 § 1 (part), 1974: Ord. 4724 Art . 12 § 1204, 1946.) Chapter10.20 DOGS AND CATS* Part 1 LICENSING 10.20.010 License tags-Issuance-Fee. 10.20.011 Lleense--tssuance by ~elerinarians and other qualified persons in unincorporated areas of the county- Conditions. 10.20.020 Person deemed custodian when. 10.20.030 License-Required-Costs. 10.20.035 Senior dHzen-Oefined-Reduced rates . 10.20.038 Residential dogs and cats-Limitations. 10 .20 .040 Kennel dogs and cats-Individual license required when. -14ft 10.20.045 Hobby breeding-License required-Fees. 10.20.050 Exceptions from licensing requirement. 10.20.060 Unvaccinated dogs or cat-Licensing permllled when. 10.20.070 Unvaccinated dogs or cat-Time limit for vaccination when dog or cat is disabled. 10.20.080 License and license lag-Period of validity-Cogs discharged from military service. 10.20 .090 Service dog defined-License and license tag-Requirements-Period of va&idity. 10.20.110 License tag-Fee for spayed or neutered animals . 10.20.120 Fees payable annually-Delinquency charge. 10.20.125 license fee not refundable . 10.20 .130 Recordkeeping and procurement of tags and receipts. 10.20.140 License-Vaccination requirements and conditions . 10.20.150 License-Information to be shown on receipt. 10.20.160 License and license tag-Transfer permllted when-Fee. 10.20.170 Replacement of lost tags . 10.20.180 Tag to be worn by dog or cal. 10.20.185 Microchlpplng of dogs required. 1 0.20. 190 Keeping unlicensed dogs or cats prohibited. 10.20.200 Counterfeit or imitation tags prohibited. 10.20.210 Removing tag from colar prohibited. 10.20.211 Spaying or neutering-Condition of sale-Deposit required . 10.20.212 Spaying or neutering-Disposition of funds by director. 10.20.213 Spaying or neutering-Deposit paid to veterinarian . 10.20.214 Spaying or neutering-Deposit forfeited without proof Df operation-Conditions. 10.20.215 Spaying or neutering--Deposit refund conditions. Part 2 VACCINATION 10.20.220 Requirements generally. 10.20.230 Revaccination time-Rabies vaccine. 1 0.20.250 Certificate of vacclnatio1Hnfonnatlon 1o be shown . 10.20.262 County assistance to low-cost vacclnaUon clinics. Part 3 REGISTRATION OF DOGS BY BUSINESSES 10.20 .270 App~cablllty of Part 3 provisions . -16- 1 0.20.280 Registration-Required for business establishments. 10.20.290 Inspection of business premises required annually-Fee. 10.20.300 Registration-Information required. 10.20.310 Sign required on premises-Contents. Part 4 MANDATORY SPAY AND NEUTER PROGRAM FOR DOGS 10.20.350 Mandatory spaying, neutering of dogs. 10.20.355 Unaltered dog license-Requirements. 10.20.360 Denial or revocation of unallered dog license--Grounds and re-application. 10.20.365 Appeal of denial or revocaUon of unaltered dog license. 10.20.370 Transfer, sale and breeding of unaltered dog. 10.20.375 Penalties. 10.20.380 Impoundment of unaltered dog. 10.20.385 Allocation of fees and fines collected. • Editor's note: For statutory provisions on the licensing and regulation of dogs by counties, see Gov. Coda § 25803 and Food and Agrtc. Code§ 30501 et seq.; for provisions on rabies control, see Health and Saf. Code§ 1900 et seq. For statutory provisions on the regulation of cats, see Food and Agric. Code§ 31750 et seq. Part 1 LICENSING 10.20.010 License tap-Issuance-Fee. Pursuant to Chapter 3 (commencing with Section 30801) of Divisions 14 and 14.5 of the Food and Agricultural Code, the director shall Issue sertally numbered permanent dog and cal license lags mart(ed wfth the name of the county of Los Angeles. (Ord. 2000-0075 § 23,2000: Ord. 93-0002 § 2 (part), 1993: Ord. 85-0204 § 8, 1985: Ord. 9943 § 3, 1970: Ord. 9454 § 1 (part), 1967: Ord. 7829 § 3, 1960: Ord. 4729 Art. 4 § 401, 1946.) 10.20.011 Ucenae-lssuance by veterinarians and other qualified persons In unincorporated areu of the county- Conditions. The director may authorize the Issuance of dog and cat licenses, as required by Section 10.20.010, by persons practicing veterinary medicine In tne unincorporated territory of Los Angeles County, or other persons approved by the director who meet the quallflcaUons established by the department. Said persons shall transmit records and negotiable papers to the department of animal care and control at Intervals 111 established by the director, and shall codect and transmh to the director the fees required by this chapter for the Issuance of such licenses. The director may relmburae these businesses for such fees. (Ord. 2000-0075 § 24, 2000: Ord. 93-0002 § 2 (part), 1993: Ord. 90-0089 § 5, 1990: Ord. 85..0204 § 9, 1985: Ord. 82.0163 § 2, 1982.) 10.20.020 Person d•mecl custodian when. Any per~on keeping or harboring any dog or cat for 15 comecuUve daya shall be deemed to be lhe custodian 1hereof and subject to Jloenalng provisions within the meaning of this DMsion 1. (Ord. 93-0002 § 2 (part), 1993: Ord. 87..0036 § 6, 1987: Ord. 9454 § 1 (part), 1967: Ord. 8043 § 4 (part), 1961: Ord. 4729 Art. 4 § 403, 194ft) 10.20.030 Llcanu-Raqulred-costs. -16- Every person owning or having custody or control of any dog or cat over the age of four months in the unincorporated territory of the county of Los Angeles shall obtain an annual license from the dir ector for each dog and cat and shall pay I he fee for the licenses Including dellnq uency charges and fJeld enforcement fees as set forth In Sections 1 0.20.130 and 10.90.010. The owner or custodian of an animal found unlicensed by a department employee in the field wQI be charged a f~eld enforcement fee. (Ord. 2009-0043 § 9, 2009; Ord. 93..0002 § 2 (part), 1993: Ord. 90-0137 § 11, 1990.) 10.20.035 Senior cltlzen-Defined-Raduced rates. A reduced fee, as set out In SecUon 10.90.01 0, shall be charged to persons presenting proof of and qualifying for senior citizen status. For purposes of this section, persons over 60 years of age qualify for senior citizen status. This reduced fee shall apply only to perwns whose dogs have been spayed or neutered by a licensed veterinarian and can present a certificate of such sterilization. (Ord. 93-0002 § 2 (part), 1993: Ord. 90-0137 § 12, 1990: Ord. 87-0036 § 8, 1987.) 10.20.038 Residential dogs and cats-Limitations. A. Dogs. Up to three dogs may be kept at any residence without an animal facility license, provided the dogs' owner or custodian licenses each Individual dog and complies with the Mandatory Spay and Neuter Program for Dogs, 10.20.350 et seq. For purposes of this secUon, a service dog licensed under Section 10.20.090. is not counted toward the number of dogs kept or maintained, while such dog is serving a person who is disabled within the meaning of Govemmenl Code Section 12926(1) or Govemmenl Code Section 12926(k). B. Cats. Up to five cats may be kept at any residence without an animal facility license, provided the cats' owner or custodian licenses each Individual cat, has each cat spayed or neutered and keeps all cats primarily indoors. (Ord. 2009- 0043 § 10, 2009.) 10.20.040 Kennel dogs and cats-Individual license required when. An individual license shall be oblained for each dog or cat when such dog or cat is kept as a pet at an animal facility and is not kept exclusively In a kennel run or cage. (Ord. 2009-0043 § 11, 2009; Ord . 2000 -0075 § 25, 2000: Ord. 93-D002 § 2 (part), 1993: Ord. 9454 § 1 (part), 1967: Ord . 4729 Art. 4 § 420, 1946.) 10.20.045 Hobby breeding-License required-Fees. A peBon who Is a hobby breeder as defined in SectiOn 1 0.08.155, shall obtain a hobby breeding license in the amount set forth in Section 10.90.01 0 . Each license shall authorize the birth of no more than one litter per female dog or cat in any 12-month period and no more than one litter per domestic household In any 12-month period . Breeding In -excess of that authorized under this Section requires a breeding fac1Jity license (See 10.08.065 and 10.40.200 et seq .) and may result ~n further penalties. (Ord. 2009-0043§ 12, 2009; Ord. 2004-0036 § 7, 2004: Ord. 93-0002 § 2 (part), 1993: Ord. 90-0137 § 13, 1990: Ord . 88.0155 § 6, 1988: Ord. 87-0036 § 9, 1987: Ord. 85-0204 § 25, 1985.) 10.20.050 E.xceptlons from licensing requirement. A. The provisions of this DMsion 1 do not require either a tag or a license for: 1. Any dog or cat found within the unincorporated territory of the county when the owner thereof resides In any municipality within the county, and such dog or cat is wearing or has attached to It a license tag for the current year issued by such municipality; 2. Any dog or cat owned by or in the charge of any parson who is a nonresident of the county and is traveling through 1he county or temporarily sojourning therein for a period of not exceedi~ 30 days; 3. Any dog or cat brought Into the county and kept therein for not to eJ(ceed 30 days for the -exclusive purpose of entering the same In any bench show, or dog or cat exhlbition, or field trials or competition; 4. Any dog or cat brought or senllnto the unincorporated territory of the county from any point outside thereof for the -exclusive purpose of receiving veter1na ry care in any dog or cat hospital, In the event that such dog or cat Is kept at all times strictly confined within such hospital; 5. Any dog or cat wearing or having attached to it a license lag for the current year issued by a municipality within the county when 1he owner thereof has, within one year last past, moved hls principal place of residence from such munlc1pallty to the unincorporated territory of the county; provided, that .such municipality simUarlyexempts from tag and license requirements dogs or cat wearing currant county license tags and owned by persons who have moved from 1he -17- unincorporated territory of the county to such municipality. B. Except, that each guard dog found within the unincorporated territory of the county, regardless of where the owner may reside, must have a Los Angeles County dog license; and the license tag must be securely affixed to the dog's collar while Ills being used as a guard dog within the unincorporated territory of the county of Los Angeles. (Ord. 93-0002 § 2 (part), 1993: Ord. 11135 § 1, 1975; Ord. 9454 § 1 (part), 1967: Ord. 8043 § 4 (part), 1961: Ord. 4729 Art. 4 § 407, 1946.) 10.20.060 Unvaccinated dogs or cat-Licensing permitted when. The director may accapl the payment of the fee for a license tag and a license for a dog or cat who has not been vaccinated as required by Division 1 on condiUon that the owner of such dog or cat, Within five days thereafter, have such dog or cat vaccinated and submit the required veterinarian's certlf~cate to the director. Upon receipt of such certifiCate, the director shan issue the license tag and license. (Ord. 93-0002 § 2 (part), 1993: Ord. 9943 § B, 1970: Ord. 9454 § 1 (part), 1967: Ord. 8043 § 5, 1961; Ord. 4729 Art. 4 § 408, 1946.) 10.20.070 Unvaccinated dogs or cat--Time limit for vacclnlltlon when dog or cat Is disabled. A person who obtains a license without submitting a certifiCate of vaccination because of the Infirmity or disablllty of the dog or cat shall, within 10 days after the termination of such lnfinnlly or disability, cause such dog or cat to be vaccinated as required by Part 2 of this chapter. (Ord. 93..0002 § 2 (part), 1993: Ord. 9454 § 1 (part), 1967: Ord. 8043 § 8, 1961: Ord, 4729 Art. 4 § 413, 1946.) 10.20.080 License and license tag-Period of val1dlty-Dogs discharged from military service. Each license and each dog license tag provided for in this chapter for a dog which has been honorably discharged from lhe armed forces of the United States shall be of Indefinite duration, so long as the same individual owns or harbors the same dog. The fee shall be that specified In Chapter 10.90. (Ord. 93-0002 § 2 (part}, 1993: Ord. 88-0155 § 2, 1988: Ord. 11177§ 1, 1975: Ord. 9454 § 1 (part),1967: Ord. 4729 Art. 4 § 404, 1946.) 10.20.090 Service dog defined-License and license tag-Requlnmants-Pertod Df validity. A. ·service Dog• is a guide dog or seeing-eye dog which was trained by a person licensed under Chapter 9.5 (commencing with Section 7200} of Division 3 of the Busines& and Professions Code, a signal dog or other dog Individually trained to do work or perform tasks for the benefit of an Individual with a disability, fncludlng 1 but not limited to, guiding individuals with Impaired vision, alerting Individuals with Impaired hearing to Intruders or sounds, providing minimal protecUon or rescue work, pulling a wheelchair or fetching dropped Items. B. Every person owning or having custody or control of a dog over the age of four months, who submits proof to the director that such dog has been succesefully trained as a aervfce dog as defined above In subsection A. shall procure a service dog license and a service dog license tag, which license and tag shal be valid while the dog Is acting as a service dog, and Is owned and kept by the same person. The tag shall be returned to the Department by the owner or keeper of the dog upon transfer of ownership or possession of the dog, or upon the retirement or death of the dog. (Ord. 20~9 §§ 2, 3, 2004.) 10.20.110 License tag-Fee for spayed or neutered anlmala. Pursuant to Section 30804.5 of the Food and Agricultural Code, any dog or cat license tag Issued pursuant to Section 1 0.20,030 of this Part 1 shall be lssued for one-half or less of the fee required tr a certJflcate Is presented from a licensed veterinarian that the dog or cat has been spayed or neutered. (Ord. 93-0002 § 2 (part), 1993: Ord. 11384 § 1 (part), 1976: Ord. 10961 § 2, 1974: Ord. 9454 § 1 (part), 1987: Ord. 4l787 § 1, 1948: Ord. 4729 Art, A1 § 421, 1946.) 10.20.120 Fees payable annually-Delinquency charge. A. The license fees pro'lllded for In this chapter shall be paid annually to the director In the amount set forth In Section 10.90.010. B. A delinquency charge as provided In Section 10.90.010 shall be assessed when the license fees provided for in lhis chapter are not paid within ten days after the explraUon date or the date the license Ia required to be obtained by the provisions of this tiUe. (Ord. 2009-0043 § 13, 2009; Ord. 90-0137 § 15, 1990: Ord. 86-0155 § 7, 1988: Ord. 83-0182 § 5, -18- 1983: Ord. 82..{)163 § 3, 1982: Ord . 11945 § 2, 1979: Ord. 9943 § 4, 1970: Ord. 9454 § 1 (part), 1967: Ord . 4729 Art . 4 § 405, 1946.) 10.20 .125 License fee not refundable. No part of lhe license fee is refundable in any case . (Ord. 2009-0043 § 14, 2009.) 10.20 .130 Recordkaeplng and procurement of tags •nd receipts . The director shall procure the number of license receipts and dog or cat license tags needed each year, and shall keep a register wherein shall be entered the name and address of each person to whom any dog or cat license tag Is Issued, the number of such tag, the date of issuance thereof and a description of the dog or cat for which issued. (Ord. 93~02 § 2 (part}, 1993: Ord. 9943 § 5, 1970: Ord . 9454 § 1 (part), 1967: Ord. 8043 § 4 (part), 1961: Ord. 4729 Art. 4 § 406,1946.) 10.20.140 License-Vaccination requirements and conditions. The director shall not Issue a dog or cat license unless the applicant exhibits a certificate signed by a veterinarian, licensed either by the state of California or by any other state to pracUce veterinary medicine, that : A. The period elapsing from the dale of vaccination with approved rabies vaccine to the date of eiCpiratlon of the license being issued does not exceed lhe time as established by the state: or B. Such dog or cat should not be vaccinated with rabies vaccine because such vaccination would jeopardize the health of such dog or cat due to jnfirmily or other disability, which infinnily or other disability, and the estimated date of termination thereof, is shown on the face of the certificate to the saUsfaction of the director. (Ord. 93-0002 § 2 (part}, 1993: Ord. ~ 0204 § 10, 1985: Ord . 8~182 § 6, 1983: Ord .10374 § 1, 1971; Ord. 10298 § 2, 1971: Ord. 9943 § 8, 1970: Ord. 9454 § 1 (part), 1967: Ord . 4729 Art. 4 § 412, 1946.) 10.20.150 License-Information to be shown on receipt. When the director issues a dog or cat license, he shall show on the receipt the age of the dog or cat. the date of last vacclnatlon and, ff the license was Issued without proof of vaccination, the reason therefor. (Ord . 93..0002 § 2 (part), 1993: Ord. 85-0204 § 11, 1985: Ord. 9943 § 9, 1970: Ord . 9454 § 1 (part}, 1967: Ord . 4729 Art. 4 § 414, 1946 .) 10.20.160 License and license tag-Transfer permitted when-Fee. If, during a license period, a dog or cat is sold or tllle to the dog or cat is otherwise transferred to a new owner, such new owner may apply to the director for a transfer of such dog's or cat'~ tag and license and pay a transfer fee as specified under Chapter 1 0.90. Upon receipt of such application and fee, the director shall record the name and '8ddress of the new owner. (Ord. 2000.0075 § 26 ,2000: Ord . 93-0002 § 2 (part), 1993: Ord. 83..0182 § 7, 1983: Ord. 9943 § 11, 1970: Ord. 9454 § 1 (part), 1967: Ord. 4729 Art . 4 § 419, 1946.) 10.20.170 Replacement of lost tags. In case 11ny license tag for an IndividUal dog or cat Is lost or destroyed, a duplicate thereof may be procured from the director upon the submission to the director of such proof as he may require and upon the payment therefor as spectfled under Chapter 10.90. (Ord. 93-0002 § 2 (part), 1993: Ord. 83-0182 § 8, 1983: Ord. 9943 § 10, 1970: Ord . 9454 § 1 (part), 1967: Ord. 6189 § 1, 1953: Ord . 4729 Art. 4 § 416, 1946.) 10.20.180 Tag to be wom by dog or cat. A license tag for an Individual dog or est shall be securely affixed to a collar, harness or other device which shall at all times be worn by such dog or c:at exc:ept while such dog or cal remains lndoo~ or In any endosed yard or pen. Alternatively, a cat may wear any fonn of ldentlficatlon approved under Chapter 10.90. (Ord . 2000-0075 § 27, 2000: Ord. 93.0002 § 2 (part). 1993: Ord. 9454 § 1 (part), 1967: Ord. 4729 Alt. 4 § 415, 1946.) 10.20.188 Mlcrochlpping of dogs requll'8d. All dogs over the age of four months must be Implanted with an identifying microchip. The owner or custodian is required to provide the microchip number to the department, and shall notify the department and the nalional registry applicable to the implanted chip, of a change of ownership of the dog, or a change of address or telephone number. (Ord. 2006-0029 § 4, 2006 .) 10.20.190 Keeping unlicensed dog& or cats prohibited. A person, shal not harbor or keep, or cause or permit to be harbored or kept, any unlicensed dog or cat In the unincorporated territory of the county of Los Angeles , or In any clty ln Los Angeles County which has adopted this Title 1 o. (Ord . 2000.0075 § 28, 2000: Ord. 93-{)002 § 2 (part), 1993: Ord. 9454 § 1 (part), 1967: Ord. 4729 Art. 4 § 402, 1946.) 10.20.200 Counterfeit or imitation tags prohibited. A person shall nol attach to or keep upon any dog or cat, or cause or permit to be attached to or kept upon any dog or cat, any tag provided for in Section 10.20.010 of this chapter except a tag issued for such dog or cat under the provisions of this chapter. or attach or keep upon or cause or permit to be attached to or kept upon any dog or cat, or make or cause or pennit to be made or have In possession, any counterfell or Imitation of any tag provided for in this chapter. (Ord . 93-0002 § 2 (part), 1993: Ord. 9454 § 1 (part), 1967: Ord . .4729 Art. 4 § 418, 1946.) 10.20.210 Removing tag from collar prohibited. An unauthorized person shall not remove from any dog or cat any co11ar or harness ot olher device to which Is attached a license tag, or remove such tag « other identification lharafrom. (Ord. 2000-0075 § 29, 2000: Ord. 93-{)002 § 2 (part), 1993: Ord. 9454 § 1 (part), 1967: Ord. 4729 Art . 4 § 417, 1946.) 10.20.211 Spaying or neutering-condition of aale-O.poalt required. As a condltlcn to the sale or giving away of any cat that has not been spayed or neutered, the purchaser or recipient shall deposit wtth the department of animal care and control, at the time of the sale or giving away, an amount determined by the director to be sufticlent to cover the costs of neutering or spaying the cat, but ln no event shall such deposit exceed $30.00. SUch deposH Is to be paid to a licensed veterinarian upon proof that he has performed the required neutering or spaying operation within the time period as set forth in Section 10.20.214, and may Include an amount nec:assaryto recover any additional costs to lhe department under this chapter. (Ord. 93-0002 § 2 (part), 1993.) 10.20.212 Spaying or neutering-Disposition of fundi by dlreclor. Whenever, In connection wfth the sale of any cat, the director shall receive a deposit to cover the costa of spaying or neutering, the money so received shan be deposited In a trust fund In the oounty treasury. (Ord . 93-0002 § 2 (part), 1993.) 10.20.213 Spaying or neutering-Deposit paid to veterinarian. Whenever a cat has been spayed or neutered as provided herein, the depositor shall be entJUed to have the deposit paid to the licensed veterinarian performing the above operation, or the director may return the deposit to the person purehaslng or receiving the cat upon wriHen statement or receipt from the licensed veterinarian that the ca1 has been spayed or neutered, and the director shall draw the necesaary demand on the auditor therefor. (Ord. 93-0002 § 2 (part), 1993.) 10.20.21' Spaying or neutering-Deposit forfeited without proof of opantlon..COndltfone. Any cat over six months of age at the time It Is sold or given away shall be spayed or neutered within 60 days, or lhe deposit shalt be deemed forfeited. My cat under alx months of age at the time it Is sold or given vway shall be spayed or neutered within 60 days after reaching the age of six montha or the deposit shatl be deemed forfeited . The cMrector may extend such time periods In wrlllng upon lhe showtng of good cause therefor. The age of the cat for purpoaes of lhls chapter shall be determined by the department. At least 30 days before lhe end of the said ~ay period, or any written extensions thereof, the department shall send the purchaser notice by mall to the address on file with the department, Informing the purchaser that failure to fumlsh satisfactory proof of performance of the operatiOn prior to the end of the 60- day period or Its extension shall result in forfeiture of the deposlt. If the nolloe has been sent and the allotted time has -20- elapsed without satisfactory proof of performance of the operation, the deposit shall be forfeited and the director shall transfer such money from the trust fund to the county treasury. (Ord. 93-0002 § 2 (part), 1993.) 10.20.215 Spaying or neutering-Deposit refund conditions. Whenever any cat which has been purchased from the department of animal care and control , while It was under the age of six months, dies or Is destroyed prior to being spayed or neutered as required In this chapter, the purchaser shall be entitled to a refund upon presenting satisfactory proof to the director of such death or destruction, and the director shall draw lhe necessary demand on the auditor therefor. No refund shall be made, however, where death or destruction occurs following the time within which the aforementioned operetlon was required to be performed. (Ord. 93-0002 § 2 (part), 1993.) Part 2 VACCINATION 10.20.220 Requirements generally. A. Every person keeping, harboring, or having any dog or cat over four monthS of age In the unincorporated territory shall cause such dog or cat to be vaccinated with rabies vaccine, by a person licensed by the slate of California, or other state, to practice veterinary medicine, on or before the latest of the following dales: 1. 15 days after first acquiring such dog or cal; 2. 15 days after bringing such dog or cat Into the unincorporated territory of the county of los Angeles. B. No pen;on shall cause a dog or cat under the age of four months to be vaccinated with an approved rabies vaccine unless a veterinarian licensed by the state of California, or other state, determines that such vaccination Is required to preserve the health or prevent the disability of such dog or cat. (Ord. 93-0002 § 3 (part), 1993: Ord. 8&.0025 § 1, 1988: Ord . 87-0036 § 10, 1987: Ord. 83..0182 § 9, 1983: Ord. 10298 § 3, 1971: Ord. 9454 § 1 (part), 1967: Orcl. 4729 Art. 5 § 501, 1948.) 10.20.230 Revaccination time-Rabies vaccine. Every person keeping, harboring, or having a dog or cat In the unincorporated lerrllory of the county which hae been vaccfnated with an approved rabies vaccine shall cause such dOg or cat to be revaccfnated within a period ol not more than: A. 12 months after the dog's or cafs initial vaccination If the dog or cat was between four months and one year in age at the time ofsuch vaccination; B. 36 months after each prlorvaccinallon. (Ord . 93.()002 § 3 (part), 1993 : Ord. 87.0036 § 11,1987: Ord. 85-0204 § 12, 1985: Ord . 10298 § 4, 1971: Ord . 9454 § 1 (part), 1967: Ord. 4729 Art . Si 602, 1946.) 10.20.250 Certfficllte of vaccination-Information to be •hown. Every person prac;tlclng veterinary medicine In the unincorporated territory of the county of los Angetes who vaccinates a dog or cat with rabies vaccine shall Immediately Issue to the person to whom he delivers the dog or cat the original, and monthly to the director a duplicate, of a certlfiCBte signed by the veterinarian Ytttlch states: A. The name and address of the owner or harborer of the vaccinated dogs or oats; B. The kind of vaccine used, the name of the manufacturer and the manufacturer's serial or lot number, and the date of the vaccinations; C. The breed, age, cotor and sex of the vaccinated dogs or cats . (Ord . Q3.0002 § 3 (part), 1993: Ord. 85-0204 § 13, 1985: Ord. 82-0163 § 4, 1982: Ord. 9454 § 1 (part), 1987: Ord. 4729 Art. 5 § 604, 1948.) 10.20.282 County aa1latance to low-cost vaccination clinlca. The director may direct department personnel to provide or 86Sist at low-cost vaccination clinics operated by veterinary associaUons as an adjunct to clinics operated by the department The director may charge for the services of county personnel at low-cost vaccination dinlcs operated by veterinary associations . This charge shall not Include the time actually spent In the Issuance of licenses. Rates shall be those established by the county auditor-controller. (Ord. 2000. 0075 § 31 , 2000: Ord. 93.()002 § 3 (part), 1993: Ord. 82~239 § 1, 1982: Ord. 82-0163 § 5, 1982.) • 21 • Part 3 REGISTRATION OF DOGS BY BUSINESSES 1 0.20.270 Applicability of Part 3 provisions. Every business establishment that uses a dog or dogs to work without supervision to deter and protect the business from unauthorized persons entering said business, Is required to obtain a business license under this part, other than sentry dog companies having dogs registered pursuant to Health and Safety Code Section 121910. Businesses registered under Health and Safety Code Section 121910 are also required to obtain an animal fac!lty license under Section 10.28.060. (Ord . 2009..0017 § 7, 2009: Ord. 11630 § 1 (part), 1978: Ord . 4729 Art. 13 § 1300, 1946.) 10.20.280 Registration--Required for business establishments. Every business establishment shall license. with the Los Angeles County department of animal care and control, each and every dog subject to this Part 3. (Ord. 2009·0017 § 8, 2009: Ord. 11630 § 1 (part), 1978: Ord . 4729 Art. 13 § 1301, 1946.} 10.20.290 Inspection of business premfses required annually-Faa. Prior to the licensing of a dog, and business subject to this Part 3, the county shall inspect the business establishment premises so as to assure the adequate housing and care of the dog . The Inspection fee sel forth In Section 10.90.010.II.C.3 shall be paid annually upon inspection . (Ord. 2009·0017 § 9. 2009: Ord . 93..0002 § 4, 1993: Ord. 92-0056 § 2, 1992: Ord . 87-0036 § 12, 1987: Ord. 11630 § 1 (part), 1978: Ord. 4729 Art. 13 § 1304, 1946.) 10.20.300 Reglstration-lnfonnation required. The license issued to a business subject to this Part 3 shall include the following Information: A. The name, address and telephone number of both the business establishment and the dog's responsible owner or handler; B. The name of the dog; C. The license idenUficallon number of the dog: D. The Ume at which the owner or handler shall Inspect lhe dog's physical condition. its surroundings, -and to assure its food and water supply are adequate. Said Inspection shall be tv.lice in any 24-hour period, with each Inspection no more than 15 hours from the previous inspection . (Ord. 2009-0017 § 10, 2009: Ord. 11630 § 1 (part), 1978: Ord. 4729 Art. 13 § 1302, 1946.} 10.20.310 Sign required on premlaea-Contents. Clear and legible signs shall be posted at each of the entrances to the business establishment having dogs licensed pursuant to this Part 3, which shall state 1hatthe dog and the business are licensed wilh lhe Los Angeles County department of animal care and control and the location and telephone number of the nearest county animal shelter. (Ord. 2009-0017 § 11, 2009: Ord. 11630 § 1 (part), 1978: Ord . 4729 Art. 13 § 1303, 1946.) Part 4 MANDATORY SPAY AND NEUTER PROGRAM FOR DOGS 10.20.360 Mandatory spaying, neuterlng of dogs. A. No person may own, keep, or harbor a dog over the age of four months tn violaUon of this section . An owner or custodian of an unaltered dog must have the dog spayed or neutered or obtain an unaltered dog ncense In accordance with Section 10.20.355. B. The owner or custodian of a dog which Is unable to be spayed or neutered without a high likelihood of suffering serious bodily harm or death due to age or infirmity, must obtain written conflnnation ofthal fact from a licensed veterinarian. The wr1ttng must also state the date by which the dog may be safely spayed or neutered. If the dog is unable io be spayed or neutered wllhin 30 days, the owner or custodian must apply for an unalten~d dog license. (On:!. 20()6.0029 § 5 (part), 2006.) 10.20.355 Unaltered dog lleens~equirements . -22- An owner or custodian of an unaltered dog over the age of four months must obtain an annual unaltered dog license for the dog . The license shall be issued if the department has determined that all of the following condition& are met: A. The dog is one of the following: a competition dog as defined In Section 10.08.095; a dog used by a law enforcement agency for law enforcement purposes; a qualified setVIce or assistance dog as defined In Section 1 0.20.090; or a dog which is unable to be spayed or neutered as set forth in Section 10.20.350 B; B. The owner or custodian has submitted the requred application and has paid the fee set forth In Section 10.90.010(VIXA); and C. The unaltered dog will be maintained in accordance with the provisions or los Angeles County Code Section 10.40.010, end with applicable state animal care and control laws. (Ord. 20DEH>029 § 5 (part), 2006.) 10.20.360 Denial or revocation of unaltered dog license-Grounds and re-application. A. The department may deny or revoke an unaltered dog license for one or more of the following reasons: 1. The applicant or licensee is not in compliance with all of the requirements of Section 10.20.355: 2. The department has received at least one complaint, verified by the complainant under penalty or perjury, that the applicant or licensee has allowed a dog to run loose or escape, or has otherwise been found to be neglectful of his or her dog or other animals; 3. The applicant or licensee has been previously cited for violating a stale raw, county code or other municipal provision relating to the care and control of animals; 4. The unaltered dog has been adjudicated by a court or an agency of appropriate Jurisdiction to be a potentially dangerous or vicious dog, or to be a nuisance within the meaning of the los Angeles County Code or under state taw. 5. Any unaltered dog license held by the applicant has been revoked; 6. A female unaltered dog has had more than one litter per year, or five or more litters in her lifetime; or 7. The license application is discovered to contain a material misrepresentation of fact. B. Re-application for unaltered dog license: 1. When an unaltered dog license Is denied, the applicant may re-apply for a license upon a showing that the requllllments of SectiOn 10.20.355 have been met. The department shall refund one-hair of the license fee when an application Is denied . The applicant shall pay the full fee upon re-application. 2. When an unaltered dog license is revoked , the owner or custodian of the dog may apply for a new license after a thirty- day waltfng period upon a showing that the requirements of Section 10.20.355 have been met. No part of an unaltered dog license fee Is refundable whan a license is revoked and the applicant shall pay the full fee upon re-application. (Ord. 2006-0029 § 5 (part), 2006.) 10.20.385 Appeal of denial or revocation of unaltered dog license. A. Request for hearing. 1. Notice of intent to deny or revoke. The department shall mall to the owner or custodian a wrmen notice of its intent to deny or revoke the llcanse for an unaltered dog which lnctudes the reason(s) for the denial or revocation. The owner or custodian may request a hearing to appeal the denial or revocation . The request must be made In wriUng wtthfn ten days after the notice of Intent to deny or revoke Is maUed. Failure to submit a timely written hearing request shall be deemed a waiver of the right to appeal the license denlal or revocation. 2. Hearing officer. The hearing shall be conducted by the director's designee. 3. Notice and conduct of hearing. The department shall mall a written notice of the date, time, and place for the hearing not less than ten days before the hearing date. The hearing date shall be no more than thirty days after the department's receipt of the request for a hearing. Failure of the owner or custodian or his or her agent to appear at the hearfng wtU result In forfeiture of the right to a hearing. The hearing wll be lnfonnal and the rules of evidence will not be strictly observed. The depanment shall mail a written decision to the owner or custodian within ten days after the hearing. The decision of the hearing officer shall be the final admlnlalratlve decision. B. Change in locaHon of dog. H the dog Is moved after the department haa Issued a letter of Intent to deny or revoke, but has not yet denied or revoked the license, the owner or costodlan must provide the department with Information as to the dog's whereabouts, Including the current owner or custodian's name, address, and telephone number. (Ord. 2~29 § 5 (part), 2006.) 10.20.370 Transfer, sale and breeding of unalterwd dog • . 23 . A. Offer for sale or transfer of unaltered dog: An owner or custodian who offers any unaltered dog for sale, trade, or adoption must Include a valid unaltered dog license number with the offer of sale, trade or adoption, or otherwise state and establish compliance with Section 10.20.350. The license and microchip numbers must appear on a dOG\.Iment transferring the dog to the new owner. B. Transfer of unaltered dog: The owner or custodian of an unaltered dog over the age of four months, which is not a competition dog as defined in Section 10.08.095, must demonstrate compliance with Section 10.20.350 and 10.20.185 prior to the transfer, and must notify the department of the name and address of the transferee within ten days after the transfer. C. NotlficaUon or Iiller and sale or transfer of puppies: Within thirty days after a litter Ia born to a female dog, the owner or custodian of the female dog shall ad11ise the department In writing of the number of Hve born puppies. When a puppy under the age of four months is sold or otherwise transferred to another person, the owner or eustodlan shall advlse the department of the name and address of the new owner or custodian, and the microchip number of the puppy, If applicable, within ten days after the transfer. (Ord . 2006-0029 § 5 (part), 2006.) 10.20.375 Penalties. The penalties for violations of any provision of this pert are as follows: A. Flrst violation. A f&rst violation shatl be an Infraction punishable by a fine not to exceed $250 . tf the owner or custodian fails to correct the underlying cause of the violation within 30 days after being nollfl8d of the violation, ll shall be deemed a second YiolaUon . B. Second violation. A violation within a year of a first vloJatlon shall be deemed a second vtolation . A second violation is a misdemeanor punishable by imprisonment In the county jail for a period not to exceed six months or by a fme not to exceed $1,000, or by both such fine and Imprisonment. Each subsequent violation within one year shan be considered an additional misdemeanor. (Ord. 200fHJ029 § 5 (part), 2006.) 1 0.20.380 Impoundment of unaltered dog. A. When an unaltered dog is Impounded, the owner or custodian may reclaim the unaltered dog when one of the following occure: 1. The dog Is spayed or neutered by a department veterinarian at the expense of the owner or custodian. Such expense may lnclucle additional fees due to extraordinary care required; 2. The dog Is apayed or neutered by another department approved veterinarian. The owner or custodian may arrange for another department approved veterinarian to spay or neuter the dog, and shall pay lo the department the cost to deJiver the dog to the chosen veterinarian. The cost to deliver the dog shall be based on the department's hourty rate established by lhe Auditor-Controller, billed in minimum one hour Increments. The veterinarian shall complete and retum to the department within ten days, a statement confirming that the dog has been spayed or neutered and shaU release the dog to the owner or custodian only after the spay or neuter procedure Ia complete; or, 3. At the discretion of the director, the dog may be released to the owner or custodian If he or she signs a statement under penalty of pe~ury, representing that the dog wHI be spayed or neutered and that he or she w~l submit a statement within ten days, signed by the veterinarian, conflnnlng that the dog has been spayed or neutered. 4. If the owner or custodian demonstrates compliance with Section 10.20.350. B. Costs of Impoundment. 1. The owner or custodian of the unaltered dog shall be responsible for the costs of impoundment, which shall Include dally board costs. · 2. The coste of Impoundment shall be a lien on the dog, and the unaltered dog shall not be returned to Its owner or custodian until the cos1s are paid . If the owner or custodian of an Impounded unaltered dog does not pay the lien against the dog In full within fourteen days, the dog shall be deemed abandoned to the department In accordance with Section 10.36.310. (Ord. 2006-0029 § 5 (part), 2008.) 10.20.315 Allocation of fHa and fines coUected. All costs and fines collected under this part and the fees collected under Section 10.90.010 shall be paid to the department for the purpose of defraying the cost of the Implementation and enforcement of this Part 4. (Ord . 2009-0017 § 12,2009: Ord . 2008-0029 § 5 (part), 2006.) Chapter 10.28 OTHER LICENSES 10.28.010 Application of Chapter 10.28 provisions. 10.28.020 Initial lic:ense-Applicalion required . 10.28.030 License-form and Information required. 10.28.040 License fee not refundable. 10.28.050 License requirements-Inspection prerequisite to issuance and renewal . 10 .28.060 License-Required for certain activities and animals-certain animals exempt. 10.28.061 Keeping and breeding pygmy pigs-License required. 10.28.062 Pygmy pigs-Breeding prohibited when. 10.2.8 .090 License-Expiration date. 10.28.100 Display of license. 10.28.120 License-Issued subject to conditions when. 10.28.130 Denial or conditional grant-Notice to applicant of right to hearing. 10.28.140 Denial or conditional grant-Hearing procedure. 10.28.150 Exception to waiting period following license denial or revocation. 10.28.160 Renewal procedure. 10.28.170 Suspension or revocation-As condition of license grent-Procedure . 10.28.175 Relnspection. 10.28.180 Revocation-Grounds. 10.28.190 Revocation-Notice to tax conector. 10.28.200 Revocation-Forfeiture of fee . 10.28.210 Imposition of additional conditionS authorized when . 10.28.220 Change of conditions at licensee's request 10 .28.230 License-Preparation, numbering, recordkeeplng 11nd other procedures. 10.28.2-40 Licenae-lnfonnation to be shown. 10.28.250 Renewal procedure-Report from regional planning commission required when . 10.28.260 Report of zoning land use regulation violations required when-Contents. 10.28.270 Animal facility grading-Bases for grading. 10.28.280 Display of grading card--VIolation. 10.28.290 Consequences of failure to achieve minimum grade . 10.28.010 Application of Chapter 10.28 prwialona. This chapter applies to all licenses required by this Division 1 except licenses for Individual dogs and cats. (Ord. 2011- 0011 § 3, 2011: Ord. 9454 § 1 (part), 1967; Ord. 4729 Art. 6 § 601, 1946.) 10.28.020 lnHiallicense-Appllcatlon required. Every person desiring a license to operate an animal facHily or to keep a wild animal under Section 10.28.060, shall file an application with the department upon a form to be provided by the department, and at such time pay the required fee and any applicable penalty as set forth in Section 10.90.010.11. A person who possessed or owned a wild animal or who operated an animal facility without the required license, shall pay the penalty set forth ln Section 10.90.01 O.ILC.4, in addition to the license fee. When a person applies for licenses for different purposes for animals at the same premises at the same Ume, the cost of the licenses shall be reduced by the amount setforth in Secl\on 10.90.010.II.A.1.k. (Ord. 2009- 0017 § 13, 2009: Ord. 2004-0036 § 8, 2004: Ord. 9454 § 1 (part), 1967: Ord. 4729 Art. 6 § 602, 1946.) 1 0.28.030 License--Form and Information required. Each application for any license covered by this chapter shell be upon a form to be fumlshed by the department, and shall contain such information as the director may require. (Ord. 9454 § 1 (part), 1967: Ord. 4729 Art. 6 § 622, 1946.) 10.28.040 License fee not refundable. No part of the license fee Is refundable In any case. (Ord. 2004-0036 § 9, 2004: Ord. 93-0002 § 6, 1993: Ord. 85-0204 § 14, 1985: Ord. 9454 § 1 (part), 1967: Ord. 4729 Art. 6 § 621, 1946.) 10.28.050 License requlrements-.lnspectlon prerequisite to laauance and renewal. Upon the flUng of any license or renewal application covered by this chapter, the director shell Inspect and make such investigation as he deems proper. The director may issue a new license or renew the license If the followlng requirements are mel: A. The maintenance of the animal or animals at the location set forth in the application will not violate any law or ordinance of the county of Los Angeles, federal law or any law of the state of California, or constitute a menace to the health, peace or safety of the community; B. The applicant has received approval from the director of the regional planning department that the maintenance of the animal or animals as defined in this chapter, allhe location specified In the appllcaHon for the license Jherefore, will not violate any provision of any zoning ordinance or other specifiC plan of land usa; C. The applicant has nol had a license, covered by this chapter, denied or revoked within the county of Los Angekts within twetve months prior to the application. However, the director may issue a license within the twelve month waiting period if the applleantls able to make lhe showing required by Section 10.28.150. (Ord. 2011-0011 § ~. 2011: Ord. 20Q4..4036§ 10,2004: Ord. 9454 § 1 (part), 1967: Ord. 4729 Art. 6 § 623, 1946.) 1 0.28.080 Ucenae-Requlred for certain activities and animals-certain animals exempL Any person, Including a new owner of an existing organization or business, shall not conduct or operate any animal facility listed in Section 10.90.01 0, or keep any wild animal, within the unincorporated area of Los Angeles, wHhout first obtaining a license from the department, except as otherwise provided In this Section 10.28.060. Any person who has not applied for a license wtthln 30 days after the expiration date of a license must obtain a new license, In place of a renewal license. A license Is not required for the keeping of the following animals for personal use: 1. canaries; 2. Chinchillas; 3. Chipmunks; 4. Finches; 5. Gopher snakes; 6. Guinea pigs; 7. Hamaters; 8.H~s; 9. King snakes; 10. Marmoset monkeys; 11. Mynah birds; -26- 12. Parrots, parakeets, amazons, cockatiels, cockatoos, lories, lorikeets, love birds, macaws, and simMer birds of the psittacine family; 13. Pigeons; 14. Ravens; 15. Squirrel monkeys; 16. Steppe eagles; 17. Toucans; 18. Turtles ; 19. White doves; 20. Tropical fish excluding carfbe; 21. Domesticated mice and rats. (Ord. 2011-oo11 § 5, 2011: Ord . 2()09..0017 § 14,2009: Ord. 2004-0036 § 12, 2004.) 10.28,061 Keeping and breeding pygmy pigs-License requiNd. Any person owning or having the custody, care or control of a pygmy pig as defined in this tille who keeps or maintains any such pig, whether as a pet or for personal use, or breeds sud\ pig for pay or other compensation, shall first pay a fee and obtain an animal license or animal facUlty license from the department, except that no such lioense shall be Issued unless: A. The person keeping or maintaining a pygmy pig in a residential area, as permitted In Los Angeles County Code Section 22.20.030 as a pet or for personal use, has provided proof from a licensed veterinarian that the pig has been neutered or spayed and such proof has been submitted to the department; B. The person owning or having custody and care of the animal has obtained any and all licenses and zoning permits required pursuant to this county code or any other ordinance or statute and has submitted proof of such to the department. (Ord. 2004..0036 § 13, 2004: Ord . 92~110 § 2, 1992.) 10.28.062 Pygmy pigs-Breeding prohibited when. Any person owning or having the custody, care or control of any pygmy pig, and who keeps and maintains a pygmy pig In any residential zone, sha11 not engage In the breeding of such animals . (Ord. 92-0110 § 3, 1992.) 10.21.090 Ucenee-Explratlon date. AU licenses covered by this chapter shalt automatically exptre twelve (12) months following the date of Issue, unless sooner revoked or terminated by any of the following actions: the licensee changes the locaUon of the animal facUlty or the animal for which the license was issued , or the licensee sells, assigns, transfers or otherwise disposes of the animal facility or animal or his or her Interest therein. (Ord. 2011-0011 § 6, 2011: Ord. 2004-0036 § 14, 2004: Ord. 10638 § 1 (part), 1973: Orcl. 9454 § 1 (part), 1967: Ord . 4729 Art. 6 § 601, 1946.) 10.28.100 Display of license. Every person having a license Issued purauant to the provisions of this chapter shall keep such noense posted and exhibited, whlle In force, In some conspicuous part of such e1tabllshment or, In the case of a wild animal license, affixed to the cage or enclosure wherein 1he animal Is kept, or In the case of a pygmy pig such license shall be affixed to a harness or other device and worn by the animal at all times. (Ord. 92-0110 § 4, 1992: Ord. 9454 § 1 (par\),1967: Ord. 4729 Art. 6 § 627, 1946.) 10.21.120 Ucense-laeued subject to conditions when. If the director finds that the facts are such that any one or more of the provi&lons of this Division 1 relating to the denial of the license under consideration would apply If the license Is Issued without condlllona, but that conditions can be imposed which will eliminate any such ground for denial. the director shall dlrecllhat the Jlcenae be Issued, subject to such conditions. (Ord. 9454 § 1 (part), 1967: Ord. 4729 Art. 6 § 604, 1948.) 10.28.130 Denial or conditional grant-Notice to applicant of right to hearing. ·27 . Before the director denies any license, either new or renewal, or grants any license subject to conditions, except the renewal of a license containing only those condilions to which the license renewed was subject, or conditions to which the applicant has agreed, he shall notify the applicant in writing that he intends to deny the license or to grant the license subject to eondiUons, which conditions shall be specified in the notice, and that the applicant, If dissatisfied with the decision of the director may, In writing, request a hearing before the business license commission within five days after receipt of such notice. (Ord.10638 § 1 (part), 1973: Ord. 9454 § 1 (part), 1967: Ord. 4729 Art. 6 § 605, 1946.) 10.28.140 Denial or conditional grant-Hearing procedure. If any applicant requests a hearing, the director shall prepare and file an accusation in the manner prescribed In Section 7.10.210 of this code, on business licenses. The parties will then be notified and a hearing held by the business license commission in lhe manner prescribed in Sections 7.04.280 and 7.10.200 through 7.10.390 of this code. At such hearing, all parties may be heard and the business license commission shall determine whether the license should be Issued, issued subject to conditions. or denied. (Ord. 10638 § 1 (part), 1973: Ord. 9454 § 1 (part), 1967: Ord. 4729 Art. 6 § 606, 1945.) 10.28.150 Exception to waiting period following llcenaa denial or revocation. If a license has been denied or revoked, the director shall not accept a new application by the 6ame person for a license for the same activity at the same location less than twelve months after such denial or revocation unless the applicant affirmativety shows, and the director finds, that the grounds upon which lhe flrst application was denied or the license was revoked no longer exist. (Ord. 2004-0036 § 16, 2004: Ord. 9454 § 1 (part), 1967: Ord. 7829 § 4 (part), 1960: Ord. 4729 Art. 6 § 609, 1946.) 10.28.110 Renewal procedure. Within 30 days after the expiration of any license or prior to the expiration of the license, the licensee shall apply for a renewal of the license and, with his application, pay the required fee set forth In Section 10.90.010.11.8. When a person applies for more than one renewal, for animals at the same premises at the same time, the coal of the renewals shall be reduced by the amount set forth In Section 1 0.90.01 0.11.9.1.1. An animal facility which has not applied for a renewal within the 30 day grace period must obtain a new license in place of a renewal license, and pay the fees applicable to an inillal license. If the applicant has not applied for a renewal within six months after the expiration date, the penally provided in Section 10.90.010.li.C.4 must also be paid. {Orcl. 2009-0017 § 15,2009: Ore. 20()4.0036 § 17,2004: Ord. 87-0036 § 15, 1987: Ord. 85-0204 § 16, 1985: Ord. 9454 § 1 (part), 1967: Old. 6937 § 4, 1956: Ord. 4729 Art. 6 § 608, 194ft) 10.28.170 Suspension or revocation-As condition of license grant-Procedure. Every license granted is granted and accepted by all parties with the express understanding that the director may prepare and ftle an accusation, and cause the parties to be notified, and a hearing held before the business license commission as prescribed in Section 1 0.28.140. If, from the evidence Introduced at such hearing. the business llcense commission finds tha1 any ground of revocation exists, 1L may revoke or suspend such license. Pending such nearing and decision, the dlreotor may suspend such license for not more than 80 days. (Ord. 10638 § 1 (part), 1973: Ord. 10087 § 1, 1970: Ord. 9454 § 1 (part), 1967: Ord. 8613 § 1 (part), 1964: Ord. 8043 § 10 (part), 1961: Ord. 7829 § 4 {part), 1960; Ord. 7351 § 3 (part), 1958: Ord. 6937 § 6, 1956: Ord. 4729 Art. 6 § 810, 1948.) 10.21.175 Relnapectlon. When a relnspeclion of the premises is necessary to detenn1ne compliance with all Ucenslng requirements, or when a person requests a reJnspection In order to Improve a grade, or for any reason, he shall pay the relnspectlon fee set forth In Section 10.90.01 O.II.C.1, provided that any applicable lnlt1alllcense fee or renewal fee has been already paid wtthln the preceding twelve months. (Ord. 2009-0017 § 16, 2009: Ord. 2004-0036 § 18, 2004.) 10.28.1 BO Revocation-Grounds. A license may be revoked on any one or more of the following grounds: A. Any facta exist because of which a denial of the license would be authorized; -28. B. The licensee, or any agent or empbyee of the licensee, has violated or has been convicted of violating any of lhe provisions of the ordinance codified in this chapter or any other county ordinance, or of any regulation adopted pursuant thereto, or of any law, statute, rule, order or regulation of the state now or hereafter In force regulal1ng the occupation or other activny for Which the license was Issued; C. The licensee obtained the license by fraudulent representations; D. The licensee has conducted the occupation or other activity licensed In an Immoral or disorderly manner; E . The licensee is an unfit person to be entrusted with the privileges granted by the license. (Ord. 9454 § 1 (part), 1967: Ord. 4729 Art. 6 § 613, 1946.) 10.28.190 Ravocatlon-NoUceto tax collector. The director shall give notice of such revocation to the tax collector. (Ord. 9454 § 1 (part), 1967: Ord. 4729 Art. 6 § 615, 1946.) 10.28.200 Revocation-Forfeiture of fee. On revocation of the license, no part of the money in the hands of the tax collector shan be retumed, but the said license fee shall beforfeHed to the county. (Ord. 9454 § 1 (part), 1967: Ord. 8043 § 11, 1961: Ord. 4729 Art. 6 § 614, 1946.) 1 0.28.210 Imposition of additional conditions authorized when. A. tf, al any lime, It appears to the director that there are grounds for the revocation of a license, bul that such groonds could be eliminated by the imposition of conditions, or of additional conditions, or by the amendment of any existing condition to such license, he may notify the licensee in writing tt.t he intends to impose or amend such conditions and that the licensee may, within five days after re<:eipt of sueh notlee, request in wrfUng a hearing before the business license commission. B. tf, from the evidence at a revocation hearing or ala hearing held pursuant to this section, It appears to the buelness license commission that there are grounds for revocation which can be eliminated by the Imposition of, or amendment of, conditions, the business license commission may Impose or amend such conditions . (Ord.10638 § 1 (part), 19'73: Ord. 9454 § 1 (part), 1967: Ord. 4729 Art. 6 § 611, 1946.) 10.28.220 Change of conditions at licensee's request. If a licensee apptles In writing to the director for a change in the conditions to which his license Is subject, the director may grant such application In whole or In part, or may deny such appllcatlon, based upon facts found by him. (Ord. 9454 § 1 (part), 1967: Ord. 4729 Art. 6 § 612, 1946.) 10.28.230 License-Preparation, numbering, record keeping and ather procedures. Each license issued pursuant to the provisions of this chapter shall be prepared, numbered, signed , delivered and accounted for in lhe manner provided by law for other licenses. (Ord. 9454 § 1 (part), 1967: Ord. 4729 Art. 6 § 617, 11146.) 10.28.240 Ucense-lnformatlon to be shown. In addition to any other matter required by law, each license shall state the name and residence address of the person to whom such license Is Issued, the amount paid therefor and the character thereof, the date when issued, the date on which such license shal expire, and shall spedfy the address at which the license permits the maintenance of the antmel or animals. (Ord. 9454 § 1 (part), 1967: oro. 4729 All 6 § 618, 1948.) 10.28.250 Renewal procedure-Report from regional planning comml8slon required when. tf the tax collector has not received any protest against Its renewal, he may Issue a renewal of an exlating llcenae covered by this chapter at the same location, without any report from the director of tha regional planning commission. Otherwise, the tax collector shall not Issue any license until he obtains from the dnctor of the reg1onal planning c:ommlulon a statement slgned by such director that the maintenance of the animal or animals, at the location specified in the application for the license therefor, wUI not violate any provision of any zoning ordinance or official plan of a master plan of land use. (Ord. 9454 § 1 (part), 1967: Ord. 4729 Art. 6 § 619, 1948 .) ·29. 10.28 .260 Report of toning land use regulation violations required when-Contents. If the director of the regional planning commission finds that the holder of any license covered by ordinance or o1f1Cial plan of land use, or has done, is doing or threatens to do any act, because of lhe doing of which no license should be Issued or renewed, or any other circumstance because of which such license should nol be renewed, he shall report such fact W1 writing to the tax collector. In such report he shall give the number of the license, the name and address of the licensee, the location of the animal or animals, the reasons why such license should not be renewed, and such other facts as the tax collector may require. (Ord . 9454 § 1 (part), 1967: Ord . 4729 Art. 6 § 620, 1946.) 10.28.270 Animal facility grading-Bases for grading. A. The purpose of the Animal Facility Grade Card Is lo provide notice to the public of the grade earned by an animal facility at the time of the most recent inspection of the faclllty . The grading standards are set forth in the Animal Facility Inspection Report, which is ava~able upon request from any county shelter. B. The Jetter grade reflected in the Animal Facility Inspection Report Is based on the facility's level of compliance with applicable state statutes and local ordinances and policies relating to the care of animals. The grade shall be issued on the animal facility's final score as follows: 1. Grade or A: Final score of 90% and above; 2. Grade of B: Final score of 80% to 89%; 3. Grade of C: Final score of 70% to 79%. A flnal score of 70% is the minimum grade requi'ed to maintain a license in good standing . A score of less than 70% will result in recommendations by the department regarding licensing or legal action to be taken asset forth in Section 10.28.290. (Ord . 2004-0036 § 19, 2004.) 10.28.280 Display of grading card-Violation. A. Upon Issuance by the director, the facility shall post the Animal Facility Grade Card at every animal facility, so as to be clear1y visible to the general public and to patrons entering the facility. For purposes of this section, wclearty visible to the general public and to patrons· shaD mean: 1. Posted In the front window· of the facility within five feel of the front door; 2. Posted In a display case mounted on the outside front wall of the facnlty within flve feet of the front door; or 3. Posted In a location as directed and determined In the discretion of the director to ensure proper notice to the general public and to patrons . B. In the event that an animal facUlty is operated in the same building or space as a separately licensed or permitted business , or in the event that an animal facRity shares a common patron entrance with such a separatety owned or permUted business, or In the event of both, the facility shall post the Anfmal Facility Grade Caro(s) 1n the Initial patron contact area, or in a location as determined In the discretion of the director. c. The Animal Facility Grade Card shall not be defaced , mal'1'8d, camouflaged, hidden or removed. Except as provided in subsection 0 of this section, it shall be uniBWfullo operate an animal faality unless the Animal FacHtty Grade Card Is displayed as required by this Section 1 0.28.280. A violation of1hls subsection C Is a misdemeanor, and Is punishable as a misdemeanor under Penal Code Section 19. 0. The director may waive posting of the Animal Facility Grade Card when the animal facility consists of animals maintained solely as personal pets which are not used to breed, show. sell, adopt or to transfer ownership or custody of the animals by eny other method. (Ord. 2004-0036 § 20, 2004.) 10.28.290 Consequences of failure to achieve minimum grade. The department shall make recommendations as to licensing or legal action to be taken when an animal facility does not earn a 'final score of atlaast 70%. 1. Licensing Consequences. Ucensing consequences of an animal facility's failure to attain a final score of at least 70% Include the imposition of conditions, denial, revocation or non-renewal of the Ucense. 2. Other Consequences. Other consequences Jnaude referrals to local prosecuting authoritles for criminal prosecution under local ordinances or state statutes. (Ord . 20040036 § 21. 2004.) Chapter 10.32 ANIMALS RUNNING AT LARGE 10.32.010 Dogs-Running atlarye prohibited-Exceptions. 10.32.020 Attack dogs-Fenced or walled premises required when . 10.32 .030 Dogs-Running at large penn itted on private property-Conditions. 10.32.040 Livestock and poultry at large deemed misdemeanor-Exceptions. 1 0.32 .050 Livestock-Owner liabi lity for service charges. 10.32.060 Leading an imals along public highways pennl1ted . 10.32.070 Cat kennel requirements. 10.32.080 Wild animal establishment regula tions. 10 .32.090 Animals allowed to be at large-Pennll required-CondiUons. 1 0.32.010 Dogs-Running at large prohibited-Exceptions. No person owning or having charge , care, custody or control of any dog shall cause, permit or allow the same to be or to run at large upon any highway, street, Jane, alley, court or other public place, or upon any private property or premises other than those of the person owning or having charge. care, custody or control of such dog, in the unincorporated area of the county of Los Angeles. unless such dog be restrained by a substantial chain or leash not exceeding six feet in length and is In the charge. care, custody or control of a competent person. (Ord. 9454 § 1 (part), 1967: Ord . 8043 § 12 (part), 1961 : Ord. 4729 Art. 7 § 701. 1946.) 10,32.020 Attack doge-Fenced or walled premises flKIUired when. Notwithstanding the provisions of Section 10.32.01 0, no person owning or having charge, care, custody, or control of any dog which has been trained to attack peraons or animals, or an attack dog that behaves In a threatening or menacing manner, shan, within the unincorporated area of the county of Los Angeles, cause, permit or allow the same to be or run at large upon any private property or premrses, lncludlog those of the penon owning or having charge, care or a.~stody of such dog, except within such portion of such property or premlses whfch are enclosed by a structure, fence or wall not less than fwe feet ln height. The fence, wall or structure shall conform lo requirements of Chapter 11.50 of this code . (Ord. 2~075 § 33, 2000: Ord. 12120 § 1, 1980: Ord . 4729 Art. 7 § 701.5, 1946.) 10.32.030 Dogs-Running at large permitted on private property-Conditions. The provisions of this chapter do not prohibit permitting or allowing dogs to run at large on the premises of the owner or person havilg charge, care, custody or control of such dogs when the property I& a ranch or similar undeveloped property, or prohibit permitting or allowing dogs, other than unspayed female dogs during the copulative season, to IU1 at large on any ranch or similar undeveloped property wllh the pennlssion of the owner of such ranch or slmRar undeveloped property; provrded such dog is under reaaonable control of a competent person. (Ord . 9454 § 1 (part). 1967: Ord. 4729 Art. 7 § 702, 1946.) 10.32.040 Livestock and poultry at large deemed misdemeanor-Exceptions. A. Every person owning or having charge, care, custody or control of any pig, pygmy pig, hog, cow, bull, steer, horse, mule, Jack, jenny, hlnny, sheep or other livestock, Including poultry, is guilty of a misdemeanor, who wWfutly or knowingly permits or, through failure to e)(erclse due care or control, allows: 1. The same to run at large upon any highway. street, lana, alley, court or other public ptace; or 2. To enter or remain ln or upon any land owned by any person, other 1han the owner of such animal, unless the person in charge of such animal has In his possession the consent In writing of the owner or lessee of such land. B. This section does not apply to any recreational use upon uncultivated or unimproved land. (Ord. 92.0110 § 5, 1992: Ord . 9454 § 1 {part), 1967: Ord. 8043 § 12 (part), 1961: Ord. 4729 Art. 7 § 703, 1946.) • 31 • 10.32.050 Uvestock-Owner liability for service charges. The owner or other person having custody or control over livestock shall be liable to the county for the salary, costs and other expenses incurred by the department's personnel when used for the restraining, capturing or rescuing of said animals . The salary, costs and expenses shall be determined by the director with lhe concurrence of the county auditor- controller. (Ord . 85-0204 § 17, 1985: Ord . 11771 § 6, 1978: Ord . 4729 Art . 7 § 708, 1946.) 10.32.060 Leading animals along public highways permitted. This chapter does not prohibit the leading , driving or conducUng of animals under adequate supervision along a public highway. (Ord . 9454 § 1 (part), 1967: Ord . 4729 Art. 7 § 704, 1946.) 10.32.070 Cat kennel requirements. Every person owning or operating any animal facRity used to keep cats, shall keep all cats therein under proper confinement on the premises and shall not cause, permit or allow such cats to be or to run at large. (Ord . 2011-0011 § 7, 2011 : Ord . 9454 § 1 (part), 1967: Ord. 8964 § 2, 1965: Ord . 8613 § 1 (part), 1964: Ord. 8043 § 12 (part), 1961: Ord. 7351 § 3 {part), 1958: Ord . 6937 § 8, 1956: Ord . 4729 Art. 7 § 705, 1946.) 10.32.080 Wild animal establishment regulations. Every person owning any wild animal or operating any wil d animal establishment shall keep all animals under proper confinement on the premises and shall not cause, permit or allow such animals to be or to run at large, or maintain any such animal upon any private property on or within the premises of such person in such a manner as to endanger the life or limb of any person lawfully entering such premises . (Ord . 9454 § 1 (part), 1967: Ord. 8613 § 1 (part), 1964: Ord . 8043 § 12 (part), 1961 : Ord. 4729 Art. 7 § 706, 1946.) 10.32.090 Animals allowed to be at large-Permit requlred-CondJttons. A. tf the director finds thallt Is necessary to permit an animal, wDd or domestic, to run at large in order to accomplish any legitimate purpose by the use of such animal, and that the animal will be so supervised and guarded that It will not leave the premises where used and wiU not endanger In any way the public health, safety or general wetfare of any person, he may permit such animal to run at large under such conditions as the director finds necessary or expedient to protect the safety of the public. B. Such permit may be for one occasion or for a period of lime or until revoked. It may Include one or more animals or may permit any animal under the control of the permittee to run at large as provided in tubsection B. C. Such permit may be revoked for the reasons ~nd pursuant to the procedures provided by this Division 1 for the revocaUon of licenses. (Ord . 9454 § 1 (part), 1967: Ord . 4729 Art. 7 § 707, 1946.) Chapter 10.36 IMPOUNDMENT* 10 .36.010 Taking up animals-PermUted when . 10.36.020 Surrendering animals to authorized representative required when. 10 .36.040 Taking up animals-Notice to director or sheriff required. 10.36.050 Taking up animals-Sheriffs offars' notice responsibility. 10.36 .060 Animals delivered to shelter. 10.36.080 Impounded anlmals-Recordkeeplng requirements. 10.36.090 Impounded dogs and cats-Notice to owner required when . 10.36.100 Impounded dogs or cats-Failure to give notice-Charging fee prohibited when. 10.36 .110 Impounded animals-Newspaper notices authorized. -32- 10.36.120 Impounded dogs and cats wearing current, valid license Lag-Deslruction or other disposition conditions . 10 .36.130 Redemption of Impounded animals-Conditions generaNy. 10.36.160 Impounding fees-Described. 1 0.36.170 Impounding fees-Cost of giving notice included. 10.36.180 lmpoundrng fees-For rabbits, poultry and other animals. 10.36 .190 Impounding Fees-Cos1s of Veterinarian's care authorized. 10.36.200 Impoundment fees-Not charged when animal taken up unlawfully. 10.36.210 Dogs-Release condiUons. 10.36.220 Dogs-Nonpayment of Impound fees and charges-Abandonment. 10.36.230 Release or animals-Proof of proper care raqulred . 10.36.240 Purchase of animals without current, valid tag-WaiVer of llabnlty for unhealthy animals. 10.36.245 Animal not suitable for placement. 10.36.250 Purchase of animals-Exchenge following sale permiUed when. 10.36.260 Dogs and cats-Vacctnallon author\zed when. 10.36.270 Examination for rabies authorized when. 10.36.280 Release when no rabies found. 10.36.290 Confinement wtlen rabies found. 10.36.300 Examination of animals suspected of rabies-Umution on acts authorized. 10.36.310 Destruction or other disposition-Animals running at large or maintained Ulegally. 10.36.340 Spaying or neutering-Condition ofsale-Deposll required. 10.36.350 Spaying or neuterlng-Condl\lon of sale-Deposit of mone)'S. 10.36 .360 Spaying of neuter!~ paid to vetertnarian. 10.36.370 Spaying or neutering-Deposit forfeited without proof of operation-Conditions. 10.36.380 Spaying or neutering-Deposit refund condiUons. • Editor's note: For statutory provisions on estrays, see Food and Agrtc. Code§ 17001 et seq.; for provisions on the impoundment of dogs, see Food and Agric . Code§ 31101 et seq. 10.38.010 Taking up animals-Permitted when. Any person finding any atray domestic anlmal or any such animal which Is running at large contrary to the provlstons of this Division 1 mey take up such animal Jf he complies with the applicable provisions of this Division 1. (Ord. 9454 § 1 (part), 1967: Ord. 8043 § 16 (part), 1961: Ord . -4729 Art. 8 § 801, 1946.) 10.36.020 Surrendering animals to authorized repr•sentativa raqulrad wh•n. ·33· Any person taking up any stray domestic animal or any such animal found running at large contrary to the provisions of this Division 1 shall surrender such animal to the director or to his duly authorized representative upon demand. (Ord. 9454 § 1 (part), 1967: Ord. 8043 § 16 (part), 1961: Ord. 4729 Art. 8 § 802,1946.) 10.36.040 Taking up animals-Notice to director or sheriff required. Every person, except the director, laking up any slray animal or any such animal which Is running at large contrary to the provisions of this Division 1 shall, within four hours thereafter, give notice to the director or to the sheriff of: A. The fact that he has such animal in his possession; B. The complete description of such animal; c. The license number of such animal, if any, and by what county or municipal corporation Issued. If such animal has no license he shall so state; D. The place where such animal is confined. (Ord. 9454 § 1 {part), 1967: Ord. 4729 Art. 8 § 804, 1946.) 1 0,36.050 Taklng up animals-Sheriff's offlcens• notice responsibility. In case the notice provided for in Section 10.36.040 is given to any member of the sheriffs office, such officer shall immediately nolffy tne director and shall furnish him all the Information which has been obtained regarding such animal. (Ord. 9454 § 1 (part), 1967: Ord. 4729 Art. 8 § 805, 1946.) 10.36.060 Animals delivered to shelter. The director shall deliver to an animal shelter operated by the department those animals picked up by the department in accordance with this Division 1. (Ord. 2000-0075 § 34, 2000: Ord. 9454 § 3 (part), 1967: Ord. 4729 Art. 8 § 806, 1946.) 10.36.080 Impounded anlmals-Recordkeep1ng requirements. The director shall keep a record of each animal Impounded, the dale of Impound, the dale and name and address of the person who redeemed, reclaimed or purchased the animal, and the amount of all fees received or collected for or because of the Impounding, reclaiming or purchasing of the animal. When a dog or cat Is redeemed by an owner or Is adopted, the director shall keep a record of the dog or cal license number or the animal facUlty license number under which the dog or cat was released. (Ord. 2011-0011 § 8, 2011: Ord. 9454 § 1 (part), 1967: Ord. 4729 Art. 8 § 812, 1946.) 10.36.090 Impounded dogs and cats-NotJce to owner raqulred when. When any dog or cat wearing a wrrent, valid license tag Issued by the county of los Angeles, or any munlclpality within the county of los Angeles is impounded pursuant to thla Division 1, the director shall, within 48 hours, excluding week- ends and holidays, after receiving such dog or cat, notify either by telephone or letter, with postage fuUy prepaid thereon, the person to whom the current license for such dog or cat was Issued, of the whereabouts of such dog or cat. (Ord. 2000- 0075 § 35, 2000: Ord. 9454 § 1 (part), 1967: Ord. 4729 Art. 8 § 814, 1946.) 10.38.100 Impounded dogs or cats-Failure to give notice-Charging fee prohibited when. If the director does not comply with Section 10.36.090, he shall charge no fee of any kind for any board or care of such dog or cat, until such time as the required notice Is given. (Ord. 2000-0075 § 36, 2000: Ord. 9454 § 1 (part), 1967: Ord. 4729 Art. 8 § 815,1948.) 10.36.110 Impounded animals-Newspaper notices authorized. The director may, upon Impounding of any animal, cause to be published, In any newspaper circulated within the community wherein any such animal was taken up, e noUce of desaiption of such anlmal, the date of such taking up and Impounding, and the address of the animal sheller wherein such animal is being held. (Ord. 9454 § 1 (part), 1967: Ord. 4729 Art. 8 § 808, 1946.} 10.36.120 Impounded dogs and cats wea~ng current. valid tJGense tag-Destruction or other dlspo~~IUon conditions. ·34· Dogs and cats wearing current, valid license tag, issued by the county of Los Angeles or any municlpaNty within the county of Los Angeles, impounded pursuant to this Division 1, shall nol be destroyed or otherwise disposed of unless: A. The person to whom lhe current license for such dog or cat was issued so directs; or B. Six business days have elapsed since such person was notlfted of the whereabouts of his dog or cat by telephone; or C. Six business days have elapsed slnoe a letter, postage fully prepaid, addressed to such person at his last known address and informing such person of the whereabouts of his dog or cat, has been deposited In the United States maU. Notwithstanding the foregoing, a dog or cat which Is irremediably suffering from a serious Illness or severe injury shall not be held for owner redemption or for adoption. Any stray animal that is Impounded pursuant to this Division 1, shall, prior to the kUling of the animal for any reason other than Irremediable suffering, be released to a nonprofH humane organization, as defined In Section 501 (cX3) of the Internal Revenue Code, animal rescue or adoption organtmtion If requested by the organization prior to the scheduled kftllng of the animal . In addition to the required spay or neuter deposit, the Department may assess the standard adoption fee for animals released. (Ord . ~75 § 37, 2000: Ord. 9454 § 1 (part), 1967: Ord . 4729 Art. 8 § 816,1946.) 1 0.36.130 Redemption of Impounded animals-Conditions generally. The owner or person entiUed to the custody of any animal taken up and Impounded under the provisions of this Division 1 may, at any time before the sale or disposal thereof as herein provided, redeem such animal by paying to the director the fees and charges prescribed by this Division 1 acc:rulng up to the time of such redemption. (Ord. 9454 § 1 (part), 1967: Ord . 4729 An. 8 § 824, 1948.) 10.36.160 Impounding fees-Described. The Impounding fee does not include any cost of feeding or caring for any dog or cat except during the day on which It Is impounded, but the fee for such care and feeding may be collected for each day, except the day on which It Is Impounded, during which such dog or cat is In the custody of the director. (Otd. 9454 § 1 (part), 1967: Ord. 4729 Art. 8 § 819, 1946.) 1 0.38.170 Impounding fees-Cost of giving notice Included. For giving notice of the impounding of any animal, the actual cost of the publication of any notice published for such animal shall be coNected . (Ord. 9454 § 1 (part), 1967: Ord. 4729 Art. 8 § 820, 1948.) 10.36.180 Impounding fees-for rabbits, poultry and other animals. The estimated cost of Impounding, feeding and caring for rabbits , birds, poultry, fowls, Jlvestock or other animals not otherwise provided for In Division 1 shall be collected . (Ord. 90.0089 § 6, 1990: Ord . 9464 § 1 (part), 1967: Ord. 4729 M . 8 § 821, 1946.) 10.36.190 Jmpoundlng Fees-Costs of Veterinarian's care authorized. A. The director may employ a private veterinarian if necessary to properly care for and maintain any animal. B. When a veterinarian's fee has been paid or incurred for the care or treatment of an animal, such animal shaH not be redeemed without payment by the owner of all fees and costs. (Ord . 200~017 § 17, 2009: Ord. 2000-0075 § 39, 2000: Ord. 90-0137 § 19,1990: Ord. 88·0155 § 8, 1988: Ord . 83-0182 § 16, 1983: Ord. 82.0163 § 6, 1982: Ord. 11234 § 1, 1975: Ord. 9454 § 1 (part), 1967: Ord. 4729 Art. 8 § 825, 1946.) 10.36.200 Jmpoundmantfees-Not charged when animal taken up unlawfully. A charge shall not be collected for any anlmat which has been unlawfully taken up and Impounded . Such animal shall be Immediately delivered upon demand to the owner or parson entiUed to the custody thereof. (Ord. 9454 § 1 (part), 1967: Ord. 4729 Art . 8 § 823, 1948.) 1 0.36.210 Dogs-Reteue conditions. The director shall not release any dog which has bean redeemed by the owner unless such dog does not have rabies, and: A . The owner exhibits a certificate signed by a veterinarian licensed either by the state or C&llfomia or by any other state ·35. to practice veterinary medicine that: 1. Such dog has been vaccinated with approved rabies vaccine within a period of not more than 12 months after the dog's initial vaccination if the dog was between four months and one year in age at the Ume of such initial vaccination; or 2. Such dog has been vaccinated with approved vaccine wllhin the past 36 months; or 3. Such dog should not be vaccinated with rabies vaccine because such vaccination would jeopardize the heallh of such dog due to Infirmity or other disability, which infirmity or dlsabnlty and the estimated date of termination Is shown on the face of the certificate; or 4. A department veterinarian has so vaccinated such dog within the times specified in subsection A of this section. (Ord. 2006-0040 § 37, 2006; Ord. 200~75 § 40, 2000: Ord. 87-0036 § 16, 1987: Ord. 85-0204 § 19, 1985: Ord. 83--0182 § 17, 1983: Ord.10298 § 8, 1971: Ord. 9454 § 1 (part), 1967: Ord. 4729 Art. 8 § 826,194fi.) 1 0.36.220 Dogs-Nonpayment of Impound fees and chargee-Abandonment. The refusal or failure of the owner of any impounded dog to pay the fee and charges after due notification shall be held to be an abandonment of the dog by the owner. (Ord. 2000..0075 § 41, 2000.) 10.36.230 Release of animals-Proof of proper care required. The director shall not release to its owner. or sell, any animal that has been impounded lo accordance with the provisions of this Division 1, unless the person to whom the animal is released or sold provides satisfactory proof that the animal will be maintained In accordance with the provisions of the ordinance codified in this Division 1 or any other ordinance or statute. (Ord. 9454 § 1 (part), 1967: Ord. 4729 Art. 8 § 832, 1946.) 10.36.240 Purchase of animals without current, valid tag-Watver of liability for unhealthy animals. Notwithstanding any other section of this DMsion 1, any diseased, Ill, unwaH or unhealthy animal may be purchased not less than four business days after Impoundment, at the discretion of the director, provided the purchaser signs a waiver of liability as to any existing disease, illness or Injury. (Ord. 2000-0075 § 42, 2000: Ord. 11398 § 1, 1976: Ord. 9454 § 1 (part), 1967: Ord. 4729 Art. 8 § 833, 1946.) 10.36.245 Animal not suitable for placement. The director may declare an individual animal not suitable for placement which demonstrates aggressive behavior, prtor history of such behavior, or is Jrremediabfy suffering from a serious illness or severe injury. (Ord. 2000-0075 § 43, 2000.) 10.36.250 Purchase of animals-Exchange followlng sale permitted when. Any pUrchaser of a dog or cat, other than at auction, within seven days after such purchase (exduding the day of purchase) may exchange such dog or cat for another dog or cat. If the amount which the director would charge for the substituted dog or cat Is greater than the amount paid for the original dog or cat. the purchaser shall pay the difference. In no event will any part of the purchase price of the original dog or cat be refunded, even though the price of the substituted dog or cat Is Jess than the price paid for the original dog or cat. (Ord. 90-0089 § 7, 1990: Ord. 9454 § 1 (part), 1967: Ord. 4729 Art. 8 § 813, 1946.) 10.36.280 Dogs and cats-Vaccination authorized when, If the director ftnds that any dog or cat Impounded In a county animalahelter probably can be sold, or that in order to protect the public health such dog or cat should be vaccinated. he may order the vacdnation of auch dog or cat wl1h an approved rabies vaccine. (Ord. 2000.0075 § 44,2000: Ord. 85-0204 § 21,1985: Ord. 83-0182 § 19, 1983: Ord. 10298 § 6, 1971: Ord. 9454 § 1 (part), 1967: Ord. 4729 Art. 8 § 807, 1946.) 10.36.270 Examination for rabies authorized when. If the director suspects that any animal Impounded has rabies, he shall hold such animal for Inspection by, and shall notify, the director of public health. The director of public health shall examine such animal, and If he betleves such animal should be held for further observation, he shall so Inform the director, who shall hold such animal as directed. (Ord. 2006- 0040 § 36,2006: Ord. 2000-0075 § 45,2000: Ord. 9454 § 1 (part), 1967: Ord. 4729 Art. 8 § 827, 1946.) -36- 10.36.280 Release when no rabies found. If the director of public health finds that such animal examined under Section 10.36.270 does not have rabies , the director shall release It or dispose of It as provided In this Divis ion 1. (Ord. 2006-0040 § 39, 2006 : Ord. 2000-0075 § 46, 2000: Ord . 9454 § 1 (part), 1967: Ord. 4729 Art. 8 § 829, 1946.) 10.36.290 Confinement when rabies found. If the director of public health finds lhat such animal examined under Section 10.36.270 Is afflicted with rabies, the director shall confine It as directed by the director of public health. (Ord. 2008-0040 § 40, 2006: Ord. 2000-0075 § 47, 2000: Ord. 9454 § 1 (part), 1987: Ord. 4729 Art. 8 § 828, 1946.) 10.36.300 EJC8mlnatlon of ani mala suspected of rabies-Limitation on acts authorized. Nothing in Sections 10.36 .270, 10.36.280 or 10.36 .290, or any other portion of this Division 1, shall be construed to either authorize or require any person, other than a person having a Csllfornla Slate Veterinary License, to practice veterinary medicine, or to do any act In violation of the Business and Professions Code. (Otd. 200()..()075 § 48, 2000: Ord. 9454 § 1 (part), 1967: Ord. 4729 Art. a§ 830, 1946.) 10.36.310 Destruction or other disposition--Animals running at large or maintained lllegally. Not less than four business days after taking up and impounding any animal found running at large without a current, valid Identification Issued by the department or other municipality in the county of Los Angeles , or which is otherwise being maintained contrary to the provisions of this Division 1, unless It sooner be redeemed by Its owner, or Is not suitable for adoption pursuant to Section 10.36.240 of this code, the director may destroy, or sell or give such animal to any entity, unless the disposition of such animal Is covered by some other section of this Division 1. (Ord. 200D-0075 § 49, 2000: Ord . 83-0182 § 20, 1983: Ord. 9454 § 1 (part), 1967: Ord. 4729 Art. 8 § 831, 1946.) 10.36.340 Spaying or neutering-Condition of sale-Deposit required. Aa a condition to the sale or giving away of any dog that has nol been spayed or neutered, the purchaser or rec:fplent shall deposit with the department of animal care and control, at the time of the saJe or giving away, an amount determined by the director to be suffldent to cover the costs of neutering or spaying the dog but In no event shall such deposit exceed $40.00. Such deposit is to be paid to a licensed veterinarian upon proof that he has performed lhe required neutering or spaying operation within the time period as set forth in Section 10.36 .370, and may Include an amount neceasary to recover any addillonal costs to the department under this chapter. (Ord. 85-0205 § 4, 1985.) 10.36.350 Spaying or neutering-Condition of sai-Depaelt of moneys. Whenever, in connection with the sale or any dog, the director shall receive a deposit to cover the cost of spaying or neutering, the money so received shall be deposited In a trust fund In the county tresaury. (Ord. 85-0205 § 5, 1985.) 10.36.360 Spayln; of neutering-Deposit paid to veterinarian. Whenever a dog has been spayed or neutered as provided herein, the depositor shall be entitled to have the deposit paid to the licensed veterlnartan performing the above operation, or the director may return the deposit to the per$0n purchasing or receiving the dog upon written statement or receipt from the licensed veterinarian that the dog has been spayed or neutered, and the director shall draw the necessary demand on the audl1or therefor. (Ord. 15-0205 § 6, 1985.) 10.36.370 Spaying or neuterlng-Depoalt forfeited without proof of operatfon-Condlttons. Any dog over alx months of age at the Ume lt Is sold or given away shall be spayed or neutered wfthln 80 days or the depos~ shall be deemed forfeited. Any dog under six months of age at the time It Is sold or given away shall be spayed or neutered within 60 days after reaching the age of six months or the deposit shall be deemed forfeited. The dlr..ctor may extend such time periods In writing upon the showing of good cause lherefor. The age of the dog for purposes of this chapter shall be determined by the department. At least 30 days before the end of the said 6G-day period, or an~ written extension thereof, the department shall aend lhe purchaser notice by mail to the address on file with the department. • 37 - informing the purchaser that failure to furnish satisfactory proof of performance of the operation prior to the end of the 60· day period or its extension shall result in forfeiture of the deposit. If said notice has been sent and the allotted time has elapsed without satisfactory proof of performance of the operation, the deposit shall be forfeited and the director shall transfer such money from the trust fund to the county treasury. (Ord . 85-0205 § 7, 1985.) 10.36.380 Spaying or neutering-Deposit refund condition•. Whenever any dog which has been purchased from the department of animal care and control, while it was under the age of six months, dies or is destroyed prlor to being spayed or neutered as required In this chapter, the purchaser shall be entitled to a refund upon presenting satisfactory proof to the director of such death or destruction, and the director shall draw the necessary demand on lhe auditor therefor. No refund shall be made, however, where death or destruction occurs following the time within which lhe aforementioned operation was required to be performed. (Ord. 85-0205 § 8, 1985.) Chapter 10.37 POTENTIALLY DANGEROUS AND VICIOUS DOGS 10.37.010 Purpose of this chapter. 10.37.020 Potentially dangerous dog-Definition. 10.37.030 Vldous dog-Definition. 10.37.040 Severe lnjury~efinition. 10.37.050 Endosure-Definltlon. 10.37.060 Department-Oeflnltion. 10.37.070 Impounded-Definition. 10.37.080 Exemptions. 10.37.090 Right of entry and inspection. 10.37.100 Authority to seize and Impound animal posing an Immediate threat to public safety. 10.37 .110 Potentially dangerous or vicious dog hearing. 10.37.120 Notice of determination and appeal from court hearing. 10.37.121 Notice of decision and judicial review of admlnlatratJve decision. 10.37.130 Conditions of ownership of potentially dangerous dogs. 10.37.140 Consequences of vicious dog determination. 10.3 7.150 Compliance with conditions and consequences of violation of conditions. 10.37.160 Removal of designation. 10.37.170 Exceptions. 10.37.180 Infraction/misdemeanor penalty for dog bite&. 10.37.010 Purpose ofthls ct.aptw. Within the eounty of los Angeles there are potentially dangerous and vicious dogs that have become a serious and wlde&preacl threat to the safety and welfare of the citizens of the county which should be abated. The provisions of this chapter aet forth the procedures by which a dog Is found lo be a potentially dangerous dog or a vicious dog, thereby ·38. becoming subject to appropriate controls and other actions. This chapter is intended to supplement rather than supplant any olher remedy available under slate statute or county ordinance. (Ord. 2001-0042 § 2 (part), 2001 .) 10.37.020 Potentillly dangerous dog-Definition. Potentially dangerous dog means any of the following: A. Any dog which, when unprovoked, on two separate occasions within the prior 36-month period, engages in any behavior that requires a defensive action by any person to preven bodiy injury when the person and the dog are off the property of the owner or custodian of the dog; B. Any dog which, when unprovoked, biles a person or otherwise engages fn aggressive behavior, causing a less severe injury than as defined In Section 10.37.040; C. Any dog which, when unprovoked, has killed , seriously bitten, Inflicted injury, or otherwise caused Injury to a domestic animal off the property of the owner or custodian of the dog . (Ord. 2001-0042 § 2 (part), 2001 .) 10.37.030 VIcious dog-Definition. ·vicious dog" means any of the following: A. Any dog that engages In or has been found to have been trained to engage In exhibitions of fighting; B. Any dog which, when unprovoked , In an aggressive manner, Inflicts severe Injury on or kUla a person; C. Any dog previously determined to be and current!y listed as a potentially dangerous dog In Los Angeles County, or to be a dangerous or Vicious dog in another jwisdlcUon, which, after Its owner or custodian has been notified of this determinaUon, continues the behavior described In Section 10.37.020 or Is maintained In vlolation of Section 10.37.130 or other restrictions pieced upon It by another jurisdiction. (Ord. 2011-0038 § 1, 2011: Ord. 2001-0042 § 2 (part), 2001.) 10.37.040 Severe Injury-Definition. •severe• Injury means any physical harm to a human being that results in a serious Illness or lnjury, Including but not limited to a major fracture, muscle tears or disfiguring lacerations requiring multiple sutures or correcUve or cosme1 ic surgery. (Ord. 2011.(1038 § 2, 2011 : Ord. 2001..0042 § 2 (part), 2001.) 10.37.050 Enclosui'6-0eflnltlon. ·Enctosure• means a fence or structure suitable to prevent the antly of young cnlldren, and which Is suitable to confine a potentiaSJy dangerous or a vicious dog In conjunction with other measures which may be taken by the owner or custodian of the dog. The endosure shall be designed to prevent the animal from escaping . The animal shall be housed pursuant to section 597t of the Penal Code. (Drd. 2001-0042 § 2 (part), 2001.) 10.37.060 Department-Definition. "Department" means the department of animal care and control. (Ord . 2001-0042 § 2 (part}, 2001.) 10.37.070 Impounded-Definition. "Impounded" means taken into the custody of the department. (Ord . 2001-0042 § 2 (part). 2001.) 10.37.010 Enmptlona. This chapter does not appty to humane society shelters, animal control facUlties, or veterinarians or to dogs whle utilized by any pollee department or any law enforcement officer In the performance of pollee work. (Ord. 2001-0042 § 2 (part). 2001.) 10.37.080 Right of entry and tnspectlon. A duly authorized emplo~e or agent of lhe department or any law enforcement officer may enler and Inspect private property In lhe manner as set forth in Sec:Uon 10.12.210. Upon Inspection, the department may act to enforce the provisions of this chapter. (Ord. 2001.0042 § 2 (part), 2001 .) 1 0.3'7.1 00 Authority to seize and Impound animal posing an Immediate threat to public safety. A. If upon Investigation Ills determined by the animal control otrcer or law enforcement officer that probable cause exists to believe the dog in question poses an immediate threat to public safely, than the animal control officer or law enforcement offtcer may seize and impound the dog pending the hearing to be held pursuant to this chapter. The owner or custodian of the dog shall be liable for the costs and expenses of keeping the dog impounded If the dog Is later adjudicated potentially dangerous or vicious . Such coals and expenses shaH be paid prior to the release of the dog. B. When a dog has been impounded pursuant to subsection A and It Is not contrary to public safety. the director or the department of animal care and control shall permll the animal \o be confined at the owner's expense In a department- approved animal or veterinary faclity. (Ord. 2011-0011 §e. 2011: Ord. 2001-oD42 § 2 (part). 2001 .) 10.37.110 Potentially dangerous or vlclou1 dog hearing. A. Hearing. If an animal control officer or a law enforcement officer has investigated and determined that there exists probable cause to believe that a dog is potenUally dangerous or vicious, the director of the department of animal care and controt shall petition the Superior Court, within the judicial district wherein the dog Is owned or kept. for a hearing, or shall conduct an admlnistraUve hearing, for the purpose of determining whether or not the dog In question should be declared potenliafly dangerous or vicious. 8 . Notice of Hearing and Petition. Whenever po881ble, a complaint received from a member of the public whlch serves as the evidentiary basis for the animal control offiCer or law enfotcement officer to find probable c:ause shall be sworn to and verlfeed by the complainant and shafi be attached to lhe petiUon. The director of the department of animal ccve and control shall notify the owner or custodian of the dog that a hearing will be held by the SUperior Court or that an administrative hearing will be held. at which time he or she may present evidence as to why the dog should not be declared potentiany dangerous or vicious. The owner or custodian of the dog shaU be served with notice of the heating and a copy of the petition, either personally or by first class man . The hearing shall be held prompUy within no IN& than five (5) working days nor more than ten (10) working days after the service of the notice upon the owner or custodian of the dog. c. Conduct of Hearing. The hearing shall be conducted as an administrative hearing, or a limfted civil case pursuant to Code of Civil Procedure Section 85, et seq., open to the public. The judicial officer or administrative hearing officer may admltlnto evidence all relevant evidence. Including Incident reports and the affidavits of witnesses. limit tne scope of discovery, and may shorten tt\e time to produce records or witnesses. A jury shall not be available. The judicial offk:er or admlnl&traUve hearing offk:er may find, upon a preponderance of the evidence, that the dog 1& potentially dangerous or vicious and shall make other orders or findings required or authorized by this chapter. The judlctal offk:er or administrative hearing officer may decide all Issues for or agaJnst the owner or custodian of the dog even If the owner or custodian fals to appear at the hearing. D. AdmlnlstratJve Hearing OffJCer.lf the dog owner ts notified that an administrative hearing will be held, the hearing shall be conducted by a neutral hearing officer. The department may authorize its own officer or employee to conduct the hearing If the 1\eartng officer is not the same person who signed the petition or directed the seizure or impoundment of the dog, and Is not junior In rank to that parsorl(s). In the altematlve, lhe department may utilize the services of a hearing officer from outside the department. (Ord. 2011-0038 § 3, 2011: Ord. 2001-0042 § 2 (part), 2001.) 10.37.120 Notice of determination and appeal from court hearing. A. Following a court hearing conducted pursuant to Section 10.37.110, the owner or custodian of the dog shall be notified In writing of the determination and order Issued. either peraonally or by first class man. postage prepaid by the court. If tile petltloner or the owner or custodian of the dog contests the determination, he or she may. within five (6) days of the receipt of the notice of determination, appeal the decision, which appeal shaD be made to the SUperior Court before a Judge other than the judge who originally heard lhe peUtlon. The fee for filing an appeal shall be the fee provided for by SecUon 31622(a) of the Food and Agricultural Code and ahall be payable to the county clerk. The peUtloner or the owner or custodian of the dog shal serve notice of the appeal upon the other party personally or by fir1t claas mail, postage prepaid. B. The court hearing the appeal shal conduct a hearing de novo, without a Jury. and make Its own determination as to potential danger and viciousness and make other orders authorized by this chapter, baaed upon the evidence presented. The hearing shall be conducted In the same manner and within the time periods set forth In Sectlon 10.37.11 0. The court may admit all relevant evidence, indudlng incident reports and the affidavits of wltnesses, limit the scope of discovery, and may at\onen the time to produce records or witnesses. The Issue shall be decided upon the preponderance of the ·40- evidence. C. The court hearing the appeal may decide all issues for or against the owner or custodian of the dog even If the owner or custodian fails to appear at the hearing. D. The determination of the court hearing the appeal shall be final and conclusive upon all parties. (Ord. 2011-0038 § 4, 2011 : Ord . 2001.0042 § 2 (pert}, 2001.) 10.37.121 Notice of decision and judicial review of administrative decision. Following an administrative hearing conducted pursuant to Section 10.37.110, the department and the owner or custodian of the dog shall be notlfled in writing of the decision of the hearing offiCer, either personally or by flf'St class man. If the department or the owner or custodian of the dog desires to contest the decision, the department ot the owner/custodian must notify the other party within fiVe (5) days of the Intention to seek judicial review of the decision. The party seeking judicial review by the Superior Court must comply with all requirements of Code of Civil Procedure Section 1094.5 et seq. (Ord. 2011-0038 § 5, 2011.) 10.37.130 Conditione of ownership of potentlalty dangerous dogs. A. The dog shaY be property licensed, miao chipped, and vaccinated at the owner's expense, prior to release to the dog's O'M"'er or custodian. The department may lnctude the designation In the regtstration records of the dog, after the court has determined that the designation applies to the dog. B. The dog, while on the owner's property, shall, at an times, be kept indoors, or In a securely fenced yard or enclosure from which the dog cannot escape, and Into which children cannot trespass . The yard or enclosure must be inspected and approved in writing by the department prior to release of the dog to Its owner or custodian. C. The dog may be off the owner's premises only If It Is muzzled and restrained by a substantial leash, not exceeding six (6) feet In length, and If it is under the coniN)J of an adult capable of restraining and controlling the dog. At no time may the dog be lefl unattended whle off the owner's premises . D. The owner or custodian of the dog shall nottry the department Immediately In the event the dog Is at large, or has committed an attack on any person or animal, has been sold or otherwise disposed of, or has died . E. The dog must complete an obedience course for a minimum of ten (10) hours of training with the owner at the owner's expense within sbcty (80) days after release of the dog to Its owner ot custodian. The course shall be a course approved by the department prior to the release of the dog to the owner or custodian. F. The dog must be spayed or neutered at the expense of the owner or custodian prior to the retease of the dog to Its owner or custodian. G. The dog may be requlred to wear a bright fluorescent yellow collar visible at 50 feet In normal daylight, which wUJ be provided by the department at the owner's expense. H. The owner or custodian of the dog may be required to maintain general liability Insurance coverlng property damage and bodily injury caused by a potentially dangerous or vicious dog, with a combined single limit of $300,000 .00 per occurrence. and may be required to show proof of such insurance within fourteen (14) da~ after the court has made its detennlnation. I. Atl charges for services performed by the department pursuant to this Section 10.37.130 and all fines shall be paid prior to the release of the dog to tts owner or custodian . If the charges and f~nes ara not paid within fourteen (14) days after the date the services are perfonned or the fines are ordered to be pald, the dog shall be deemed to be abandoned and may be disposed of by the department. J. If the detennlnation that a dog Is potentially dangerous under Section 10.37,020, Is made pursuant to a court hearing, the judicial officer shall tmpose a fine on the owner not to exceed $500.00 for each separate basis upon which the detennination was made. The fine shall be pald to the department for the purpose of defraying the costs of the implementation of this chapter. K. A judicial offtcer or administraUve hearing officer may impose such other reasonable conditions as are deemed neoessary to protect the public safety and welfare . (Ord. 2011-0038 § 6, 2011: Ord. 2001-0042 § 2 (part), 2001 .) 1 0.37.1.40 Consequences of vicious dog determination. A. A dog detennined to be a vicious dog may be destroyed by the department \\tlen it ls found, after proceedings conducted under Sectfon 10.37.11 0, that the release of the dog would creeta a significant lhreet to the public health, safety and wetfare. B. If it is determined that a dog found to be vicious shall not be destroyed, the judicial officer or administrative hearing officer shall impose the conditions upon ownership of potentially dangerous dogs required by SecUon 1 0.37 .130, the cond itions requ ired by this section, and any other conditions necessary to protect the public health, safety, and welfare . C. The enclosure that Is required pursuant to subsection B of Section 10.37.130 shall be an enclosure which Is enclosed on all sides , and which is locked by a padlock. It may be required to have a top and a cement floor . The enclosure musl be approved In writing by lhe department. D. The owner or custodian of a vicious dog must give written notice of the vlcfous dog determination to United States Post Office (local branch) and all utility companies which provide services to the premises whera the dog ls kept. The owner or custodian shall provide a copy of lhe notice to the department within thirty (30) days after the court determination that the dog Is vicious. E. The owner or custodian of the dog shall post one or more signs on the premises at a location(s) approved by the department stating that a dog which has been determined to be vicious resides on the premises . F. If the determination that a dog is vicious under Section 1 0.37 .030, is made pursuant to a court hearing, the Judicial offiCer shall Impose a fine on the owner not to exceed $1 ,000.00 for each separate basis upon which the determination was made. The fine shall be paid to the department for the purpose of defraying the cost of the implementation of this chapter. G. The owner of a dog determined to be a vicious dog may be prohibited from owning, possess ing, controlling, or having custody of any dog for a period or up to three yea~. if1t Is found at the hearing conducted pursuant to ihe petition to declare the dog vicious, that ownership or possession of a dog by that person would create a significant threat to the public health, safety, and welfare. (Ord . 2011-0038 § 7, 2011 : Ord. 2001-0042 § 2 (part}, 2001.) 10.37.150 Compliance with conditions and consequences of violation of conditions. A. The hearing officer or judicial officer who heard the petition to determine if a dog Is dangerous or vicious may schedule follow-up hearing dales to ensure compliance wfth all conditions Imposed. B. Consequences that may result from the failure of an owner or custodian of a dog released after a healing pursuant to Section 10.37.110 or Secoon 10.37.120 to comply with any of the conditions imposed under Section 10.37.130 or Section 10.37.140 include, but are not limited to the following : 1. The fallure to comply with any condition Is a misdemeanor punishable by a fine not exceed ing $1,000 .00 or by imprisonment in the County Jan for a period not exceeding slK months, or by both auch fine and Imprisonment; 2. A violation of any part of an administrative decision or court order may be the subject of a civil acUon fot Injunctive relief to enjoin the person who violated the decision or order . The filing and prosecution of an action for injunctive relief shall not limit the authottly or ability of the County to tske any other action permitted by law; 3 . A violaUon of an administrative decision or oourt order following a determination that a dog Is potentially dangerous , may result in 1he filng of an action to determine If the dog ls vicious under Section 10.37.030 C. (Ord. 2011-0038 § 8, 2011 : Ord. 2001 ~42 § 2 (part), 2001 .) 10.37.160 Removal of designation. If there are no additional instances of the behavior described In Section 10.37.020 Within a 36-month period from the date of deslgna~on as a potentially dangerous dog, the dog shall be removed from the list of potentially dangerous dogs. The dog may, but hi not required lobe, removed fwm the llsl of potentially dangerous dogs prior lo the expiration of the 36- monlh period If the owner or custodian of the dog demonstrates to the department that changes In circumstances or measures tal<en by the owner or custodian, such as the training of the dog, .have mitigated the risk to the public safely. (oro. 2001-0042 § 2 (part), 2oo1.) 10.37.170 Exceptions. A. No dog may be declared potentially dangerous or vicious If .any injury or damage Is sustained by a person who, at the time the Injury or damage was &.~stained, was committing a wUful trespass or other tort upon premises occupied by the owner or custodian of the dog, or was teasing, tormenting, abusing, or assaulting the dog, or was committing or attempting to commit a crime. No dog may be declared potentially dangerous or vicious if the dog was protecting or defending a person within the immediate vi cinity of the dog from an unjustified attack or assault. No dog may be declared potentially dangerous or vicious ff an Injury or damage was sustained by a domestic animal which at the time of the injury or damage was sustained was teasing, tormenting, abusing or assaulting the dog. -42- B. No dog may be declared potentially dangerous or vicious if the Injury or damage to a domestic animal was sustained while the dog was working as a hunting dog, herding dog, or predalor control dog on lhe property of, or under lhe conlrol of, its owner or custodian, and the damage or InJury was to a species or type of domestic aninal appropriate to the work of the dog. (Ord. 2001-0042 § 2 (part). 2001.) 10.37.1 BO Infraction/misdemeanor penalty for dog bites. In addition to the conditions and restricUons Imposed on the ownenahip of potentially dangerous and vicious dogs set forth in this chapter, an owner or custodian of a dog who permits, allows or causes a dog to run, stray or be uncontrolled or at large upon a public street, sidewalk. park or other public property, or In or upon the private property of another person, Is guilty of a public offense punishable as an Infraction or misdemeanor ff such dog bites, attacks or causes injury to any person or to a domestio animal. (Ord. 2001-0042 § 2 (part), 2001.) Chapter 10.39 RODEOS 10.39.01 o Rodeos-Purpose of section-Permit required. 10.39.010 Rodeos-Purpose of section-Permit raquired. A. The purpose of this section is to provide the department with a method to supervise and enforce minimum safety standards In the care and conduct of animals used in rodeos. The department shall establish standard rules and safety regulations for the general conduct of rodeos In order to accomplish such purpose . B. Notwithstanding the provisions of Section 7.90.590 of this code, any applicant for a rodeo permit shall furnish the department with the following: 1. A list of all proposed events and acts including the dates, times and locations of all events and acts; 2. A detailed diagram of the arena Indicating the location of chutes, catch chutes and pens for all events and acts; and 3. A c:opy of the app11canrs rules and regulations which will govern the conduct of the contestants and events, except that such rules shal be consistent with the standard rutes and regulations for rodeos eatabllehed by the department. C. No person shall intentionally trip or fell any equine animal by the legs or by any means whatsoever for the purpose of entertainment or sport. (Ord . ~16 § 2, 1995: Ord. 90-0089 § 8, 1990.) Chapter 10.40 GENERAL REQUIREMENTS 10.40.010 Animal care-Requirements for owners and animal establishments. 10.40.015 Sale of live animals-Prohibited at swap meet . 10.40.016 Sale of animals on shelter property. 10.40.020 Young rabbits or fowl-certain acts prohlbhed. 10.40.030 Young rabbits or fowl-Display, maintenance or sate permitted When . 1 0.40.040 Dog kennels-Records required for each animal. 10.40.050 Dog kennels--Surfacing and sanitation of dog runs. 10.40.060 Animal nuisances prohibited Where. 10.40.065 Public nuisance. 10.40.070 Wild animals-Enclosure requirements. 1 0.40.080 Wild anlmals-Exemptlons to appllcabllty of DIVIsion 1 regulations. 10.40.090 LiabUity of licensees for acts of employees. 10.40.100 Kennel or pel shop license holders to provide lists of animals soi~Vacc:tnation requirements . -43. 10.40.200 Breeding license, restrictions and requirements. 10.40.010 Animal care--Requirements for owners and animal establishments. Every person , within the county of Los Angeles, who owns any animal or who owns, conducts, manages or operates any animal facility for which a license is required by this Division 1, shall comply with each of the following conditions : A. Housing facilities for animals shall be structurally sound and shall be maintained in good repair, to protect the animals from injury, to contain the animals, and to restrict the enlrance of other animals. B. All animals shall be supplied with suffiCient good and wholesome food and potable water that is free from debris and Is readily accessible and available as often as the feeding habits of the respective animals require. C. Animals shall be groomed and kept in a manner which Is not injurious to their health. All animal buildings or enclosures shall be maintained In a clean and sanitary condition to control odors and to prevent the spread of disease . D. All animals shall be so maintained as to eliminate excessive and nighttime noise. E. No animals shall be without attention more than 12 consecutive hours; whenever an animal is left unattended at a commercial animal facility, the telephone number of the department of animal care and control, or the name, address and telephone number of the responsible person, shall be posted In a conspicuous place at the front of the property. Animal facilities that breed dogs shall comply wilh the applicable minimum staffing requirements set forth In Section 10.40.200. F. Animals shall not be neglected, teased. abused, mistreated, annoyed, tormented or in any manner made to suffer by any person or means. G. No condlllon shall be maintained or permitted that is or could be Injurious to the animals . Tethering of animals is prohibited except as permitted under California Health and Safety Code Section 122335. H. Animal buMdlngs and enclosures shall be so constructed and maintained as to prevent escape of animals. All reasonable precautions shall be taken to protect the public from the animals and the animals from the public. 1. Every animal facility shall Isolate sick animals so as not to endanger the health of other animals. J. Every building or endosura where animals are maln1ained shall be constructed of material easily cleaned and shall be kept in a sanitary condiUon and In good repair. The building shaH be properly ventilated to prevent drafts and to remove odors. Heating and cooling shall be provided as required, according to the physical need of the animals, with sufficient light to anow observation of animals and sanitation. An animal facility housing animals must be equipped with working smoke alanns and have means of fire suppression, such as a sprinkler system in each room where animals are kept, or functioning fire extinguishers. K. An animal shall be taken to a veterinarian for examination or treatment. If the director finds it necessary to maintaln 1he health of the animal, and orders the owner or custodian to do so. L. All animal enclosures, Including, but not limited to rooms, cages, and kennel runs, shall be of sUfflclent size to provide adequate and proper accommodations for the animals kept therein. M enclosure with a wire bottom may only be used temporarHy, and be In compliance wflh Health and Safety Code Sections 122065 and 122065.5. If enclosures, such as crates and other mobile enclosures ere stacked upon one another, or on a sUfface other than the floor, the crates/enclosures must be securely fastened and designed and arranged so that: there 1s no danger of an enclosure falling; the animals do not have direct access to one another, and wa&te from one (1) endosure cannot be lransmltted to another enclosure. Food and water containers must be secured to prevent spillage. Crates may be stacked no more than two (2) crates high. M. Every violation of an applicable regulaoon shall be corrected wtthin a reasonable time to be speclfled by the director. N. Proper shelter and protection from the weather shall be provided at all11mes. 0. An animal shall not be given any alcoholic beve111ge, unless prescribed by a veterinarian . P. Animals whlch are natural enemles, temperamentally unsuited, or otherwise 1ncompatible, shall not be quartered together, or so near each other as to cause Injury, fear or tonnenl. If two or more animals are so trained that they can be placed together and do not attack each other or perform or attempt any hostile act to the others , such animals shaD be deemed nol to be natural enemies. Q . Any tack, equipment, devfce. substance or material that is, or could be, injurious or cause unn808SS8l}' cnJelty to any animal shall not be used. R. Wor1ting animals shall be given adequate rest periods. Confined or restrained animals shall be given exercise appropriate for the individual animal under particular conditions . S. An antmal which is overheated, weakened, exhausted, sick, injured, diseased, lame or otherwise unfit shall not be worked, used or rented. T. Any animal which the department has suspended from use may not be worked or used until released by the -44- department. U. Animals bearing evidence of malnutrition, Ill health, unhealed injury or having been kept In an unsanitary condition shall not be displayed. V. Any animal whose appearance is or may be offensive or contrary to public decency shall not be displayed. W. No animal shall be allowed to constitute or cause a hazard, or be a menace to the health, peace or safety of the community. X. A person shall not violate any condition Imposed by the director on any license issued by the department. (Ord. 2011- 0011 § 10, 2011: Ord. 2000-0075 §52, 2000: Ord. 9454 § 1 (part), 1967: Ord. 4729 Art. 9 § 901, 1946.) 10.40.016 Sale of llv• animals-Prohibited at swap mMl Any person who maintains, operates, leases, rente or lends space at a swap meet shall not permit, cause, display for, or promote the sale of live animals at such swap meet. "Uve animal" as defined by this section shall Include, but is not limited to dogs, cats, birds, fish, poultry, rabbits and livestock. (Ord. 85-0204 § 26, 1986.) 10.40.016 Sale of animals on shelter property. No per$On shall sell, barter, give away or accept animals on shelter property unless authorized by the director. (Ord. 2000-0075 § 53, 2000.) 10.40.020 Young 111bblt8 orfowi-Certaln acts prohibited, A. A person shall not: 1. Sell, offer for sa1e, barter, or give away, BS pets, toys, pmmiums or novelties any baby chickens, ducklings or other fowl under three months of age , or rabbits under two months of age; or 2. Color, dye, stain or otherwise change the natural color of the above~esaibed fowl or rabblls; or 3. Bring or transport the above-described fowl or rabbits Into the county of Los Angeles. B. This section does not prohibit any act prohJblted by, or pennltted by, Section 599 of the Penal Code or any other statute. (Ord. 9454 § 1 (part), 1967: Ord . 4729 Art. 9 § 902, 1946.) 10.40.1)30 Young rabbits or fowl-Display, maintenance or eale pennltted when. This chapter does not prohibit the sale or display of any of the fowls or rabbits descnbed herein, In proper facilities by breeders or stores engaged in 1he business of selling for commercial breeding or raising, or for food, or their exhibition at any falr, show or exhlbll where such fowJs or animals are displayed for commercial purposes and in the Interest or improving agriculture or Industry. (Ord. 9454 § 1 (part), 1967: Ord. 4729 Art. 9 § 903, 1946.) 10.40.040 Dog kenn .. s-Record& requll'lld for ••ch animal. A. The holder of an animal facility license shall mainta in the following current records, which shall be available for Inspection on the premises : 1. The name, current address and telephone number of the owner of each animal kept at the animal facility; 2. The date the animal entered and left the animal facfllty, Including the records of animals that die while at the facRity; 3. The reason for the anlmal being at the animal facility, such as for boarding, sale, breeding or grooming; 4. The description of lhe animal, Including its age. breed, sex, color and other available ldenttfying Information, suches an animal license number, tattoo ~r microchip reglalratlon number. B. A current, valid rabies oertfflcate shall be makltalned for f!Nery dog over four months of age whUe the dog is kept at the animal facllty. C. Any animal facility selling dogs and cats to the public ahall post a conspicuous notice containing the following Information on each dog or cars cage: the breeder'& name, address and license number. If lhe breeder's name Is not known , then the name and address of the person from whom the dog or cat was obtained shall be dl&pla~. (Ord . 2011 - 0011 § 11, 2011: Ord. 9454 § 1 (part), 1967: Ord. 4729 Art. 9 § 905, 1946.) 10.40.050 Dog kennels-Surfacing and sanitation of dog runs. Dog kennel runs shall be of concrete, provided with adequate draining for proper sanitation, or, If sand or pea gravel is used, droppings must be picked up and disposed of and the runs treated periodically with an effective disinfectant. (Ord. 9454 § 1 (part), 1967: Ord . 4729 Art. 9 § 906, 1946.) 10.40.060 Animal nuisances prohibited where. A. A person having custody of any dog or animal shall not permit, either wilfully or through falure to exercise due care or control, any such dog or 8nimalto commit any nu isance upon the sidewalk of any public highway; or upon the floor of any common hall In any apartment house, tenement house, hotel or other multiple dWelling; or upon any entranceway, stairway or wall immediately abutting on a public sidewalk; or upon the floor or any theater, shop, store, ofTk:e building or other building used in common by the public; or upon the floor or stairway or any depot or station or public wafting room: or upon the floor, stairway, entranceway, office, lobby or patio used in common by the public; or, without the consent of the owner or person In lawful occupation thereof, any lawn, yard, or any other private property whatever, which is either Improved or occupied. B. It is unlawful for the owner or person having custody of any dog or other animal to permit, either wilfully or through failure to exercise due care or control, any such dog or animal to commit any nuisance and to allow auch nuisance to thereafter remain upon any public or private property not owned or possessed by the owner or person In control of said animal, provided that the person who owns, harbors, keeps or has charge or control of a dog (other than a sightless person who has charge or control of a guide dog) shall immediately and securely enclose all feces deposited by such dog In a bag, wrapper or other container and dispose of the same in a sanitary manner. Any person (other than a sightless person with a guide dog) who has charge or control of a dog In a location other than on the property of such person or the property of the owner of the dog, shall have In his or her possession a suitable wrapper, bag or container (other than articles of personal clothing) for the purpose of complying with the requirements of this section. Falllre of such person to carry such wrapper, bag or container when in charge or control of a dog Jn 8 location other than on property of such person or the property of the owner of the dog or animal shall constitute a violation of this section. c. For the purpose of this section a "nulsanee• committed by a dog or animal shall mean defecatton by sald animal. {Ord. 65.0204 § 23, 1985: Orct. 9454 § 1 (part), 1967: Ord. 4729 Art 9 § 904, 1946.) 10.40.065 Publfc nuisance. A. Any animal (or animals) which molests passersby or paasing vehicles, attacks other animals, trespasses on school grounds, Is repeatedly at large, damages and or trespasses on private or public property, barks, whines or howls In 8 continuous or untimely fashion, shall be considered a public nuisance. B. Every person who ma1ntatns. pennlts or allows a public nuisanoe to exist upon his or her property or premises, and every person occupying or leasing the property or premlaes of another and who maintains, permltB or allows a public nuisance as described above to exist 1hereon, after reasonable notice in writing from the department of anima! care and control has been &er~ed upon such person to cease such nuisance, Is guilty of a misdemeanor. The elCietence of such nuisance for each and every day after the 981VIce of such notice shall be deemed a separate and distinct offense. (Ord . 2000-0075 §54, 2000: Ord. 85-0204 § 24, 1985.) 1 D.ll0 .070 Wild animals-Enclosure requtremente . All wild animals a hall be maintained In buildings , enclosed yards, paddocks or cages, as speclfted by the director, and such shall be kept at distances from adjacent bundlngs as specified In Los Angeles County Zonlng Ordinance 1494. codlf~ed at Title 22. and los Angeles County Public Health Code Ordinance 7583, codified at Title 11 . (Ord . 8454 § 1 (part), 1987: Ord. 4729 Art. 9 § 907, 1946.) 10 ... 0.080 Wild •nlmals-&emptiona to appllcDIIIty of Dlvlalon 1 regulations. The provisions of thts OMsion 1 shaU not apply to any person keeping or matnlainlng in his possession or control any wild animal when auch person is only transporting such animal through the county and has taken adequata safeguards to protec:t 1he public, and has notified the los Angeles County &hertfl's department and the director of the proposed route of transportation and time thereof. (Ord. 9454 § 1 (part), 1987: Ord . 4729 Arl9 § 909, 1946.) 10.40.090 Liability of licensees for acta of •mployeee. -48. Any act or omission of any employee In caring for the animals i& assumed to be an act or omission of the licensee. (Ord. 9454 § 1 {part), 1987: Ord. 4729 Art. 9 § 910, 194ft) 10.40.100 Kennel or pet shop license holders to providell•q of animals sold-Vaccination requirements. A. Each holder of an animal facility license within the authority of los Angeles County shall provide the department of animal care and control with a regular listing of all animals sold, including the name and address of the owner, according to the procedure and form as provided by the director. B. An advertisement for the safe or adoption of an animal ahalllndude the animal fadUty license number or breeding license ~mber of the seller. C. Every animal facility shall obtain a rabies vaodnation for aach dog within its custody or control in accordance with the provisions of Section 10.20.220. Upon the sale of any dog for which an animal facility has obtained a vaccinaUon pursuant to this section, the owner of the animal faciiHy shall provide the purchaser of the dog with the certlflcete of vaccination. (Ord . 2011-0011 § 12, 2011: Ord. 90·0089 § 9, 1990: Ord. 83-0182 § 22, 1983.) 10.40.200 Breeding llcenset restrictions and requirement&. A. General Requirements . 1. Dog Breeding License. A. dog breeding license is an animal facility Kcense issued to a person who breeds dogs commercially. A. person, as defined in Section 10.08.190, applying for a dog breeding lloense shall comply with all licensing requirements set forth In Sectiol'\ 10.28.050, all other applicable ordinances, and all federal and State laws, including, but not limited to Heath and Safety Code Section 122045 et seq. Approval from the Veterinary PubJio Health division, Environmental Health division, or any other division of the Department of Public Health, may be required If necessary, due to health concerns. The alza category of the dog to be bred (Adult size: 1-20 lbs.; 21..SO lbs.; 51-100 lbs.; and 101+ lbs.) and the number of dogs to be housed at the feclllty shaH be noted on the »cense. A change In the size category of dogs bred reQUfres relnspection and a new license application. 2. Breeding Facflllles Housing Fifty (SO) 01 Fewer Sexually Jntact Dogs Over the Age of One (1} Year. An animal facility may not have more than a total of fifty (50) sexually Jntact dogs over the age of one (1) year, unless it meets the requirements of SubsecUon A3. below. An anlmal facility having fifty (50) or fewer dogs shall have adequate staffing on the premises of the animal facility to attend to the dogs at least eight (8) hours in every twenty-four {24) hour period, so long as the dogs are not left unattended for longer than twelve (12) continuous hours. Whenever the dogs are left unattended, the telephone number of the department of animal care and control, or the name, address and telephone number of the responsible person, shall be pos1ed In a conspicuous place at the front of the property. 3. Breeding Facflltfes Housing Fifty..One (51) or More Sexually Intact Dogs Over the Age of One (1) Year. The director may approve an application for fifty-one (51) or more dogs If the applicant complies with the following additional requirements: a. Facilities with fifty-one {51) or more sexually Intact dogs over the age of one (1) year will be reinspected more frequenUy. The number of reinspectlona per year Is determined by the number of dogs housed in the facilty: 51-75 dogs: one (1) annuaf relnspedlon~ 76-100 dogs: two (2) annualrelnspectlons; 101·125 dogs: three (3) annual relnspecUonsi 126·150 dogs: four (4) aMual relnspectlons; 151 +dogs: five (5) annual relnspections . b. The animal facility dernonsb'ates that It Is able to house and care for the number of dogs In compliance with the requirements of this section and aR applicable requirements ofTitie 10; c. The animal facUlty provides a wr'Mten medical program, approved by a California licensed veterinarian, to prevent and control Dlness and parasiUsm. The program must include a regu1ar de wonning schedute and a regular vacdnaUon schedule against commonly transmitted canine diseases, and must be updated annually; d. The animal faclllty maintains records on site, demonstrating that an annual veterinary examlnatlon has been performed on each intact male or female dog over one (1) year of age. The record of each exam must reflect that a physical exam consisting of auscultetlon and palpation, and e visual evaluation of the dog including eyes, ears, mouth and general body condition was perfonned. The record of each exam must also Include the weight. temperature, heart rate, respiration, any significant medical findings relating to 1he dog's condition, and any recommendations for treatment: e. The animal facility obtains approval from the director of an emergency response plan, which 18 updated annually; and ·47. f. The animal facility maintains adequate staffing at the facility eighteen (18) hours a day to attend to the animals. Whenever an animal Is left unattended , the telephone number of the department of animal care and control, or the name, address and telephone number of the responsible person, shall be posted In a conspicuous plaoe at the front of the property. B. Health of Breeding Dogs . 1. A female unaltered dog shall be at least twelve (12) months old before being bred. Records of litters birthed are required to be maintained pursuant to Subsection 0 below; 2 . Offspring shall not be removed from the premises earlier than eight (8) weeks of age except for medical reasons ordered by a California licensed veterinarian . The order shall be in writing, state the medical reason for ear1y separation, and be provided to the department, If requested, up to two (2) years after its issuance. C . Hous ing Requirements. 1. The animals shall be housed in accordance with Section 10.40.01 0; 2. Each pregnant dog shall be housed separately at least three (3) days before giving birth and be monitored at reasonable intervals; 3. A dog who has just given birth shall be provided wilh a contained nesting area and housed with her Utter In their own run or enclosure until the newborns are weaned . D. Dog ldenUflcation and Recordkeeplng. 1. The following current records shall be maintained and produced upon request to determine lioensing compliance or for any other purpose relating to the P1Jbllc health, safety or welfare. These records shall be provided to a purchaser o1 any dog sold or transferred to another person by the facility: a. All dogs shall be micfochlpped or tattooed upon reaching the age of four (4) months or prior to sale or transfer, whichever Is eariler. Microchip and tattoo records shall be kept for all dogs. b. In addition to the records required by California Health and Safety Code Sections 122050 and 122055 relating to dogs, breeding facilities shall keep the following records for all dogs: the date and from whom the dog was acquired; the date of each litter birthed by each female animal; veterinary records; and the cause of death and the method of disposal. 2. Knowingly providing false informatlon or records relating to any animal 1s a misdemeanor. E. Reasonable Restrictions on the Breeding of Animals Other Than Dogs. Breeders of animals other than dogs , which are normally kept as pets for sale or exchange In return for consideration, shall eomply with all applicable requirements of Section 1 0.40.01 0. In addJtion, the dlractor may Impose reasonable .conditions on a breading license, Including a limitation on the number of animals permitted at a facility and may Impose reoordkeeplng requirements, In the interest of the health and safety of the public and of the animals. F. Noncompliance-Penalties. The penalties for violations of any provision of this Section 10.40.200 are as fotlows; 1. First Violation . A first v1olatlon shall be an Infraction punishable by a fine not to exceed two hundred fifty doUars ($250). If the owner or custod ian tans to correct the undertylng cause of the violation within thirty (30) days after being notified of the vi olation. It shall be deemed a second violation . 2. Second Vlolatfon . A violation within a year of a first vlolaUon shall be deemed a second violation. A second violation Is a misdemeanor punishable by Imprisonment in the county jail for a period not to exceed six {6) months or by a fine not to exceed one thousand dollars {$1.000). or both. Each subsequent violation within one (1) year shall be considered an additional misdemeanor. G. Noncompliance-Injunctive Relief. Any act or failure to act which is a violation of this Section 10.40.200 may be the subject of a civil action to enjoin the person so acting or failing to act to conform his or her conduct to the provisions of this Section 1 0.40.200. The filing and prosecution of such an action shall, In no way limit the authority or abnlty of the County to enforce the requirements of SecUon 10.40.200 or Impose penalties or take any other action permitted by law. (Orcl. 2011-0011 § 13, 2011.) Chapter 10..48 DEFtNmONS AND GENERAL PROVISIONS[13] 10.48.010 TIUe of DMslon 2 provisions. 1 0.48.1>20 Provlslons to supptement state law. 10.48.030 Definitions. 10.48.040 Director of public health-Powers and duties generally. 10.48 .050 Powers of deputies . 1 0.48.060 Violation of Division 2 provisions-Penalty. 10 .48 .070 Severability . 10.48.010 Title of Dtvlalon 2 provisions. The ordinance codified in Division 2 of this title shall be known, as the •animal health ordinance• and may be cited as such . (Ord. 8397 § 1 (part), 1963: Ord. 1415 Art. 1 § 1, 1928.) 10.48.020 Provision• to supplement state law. This Division 2 shall in all respects be construed to supplement and harmonize with the provisions of lhe laws of the state of California pertaining to anlmallnduatry. (Ord. 8397 § 1 (part), 1963: Ord. 2981 § 6, 1937; Ord . 1570 § 1, 1928: Ord. 1415 Art . 1 § 2, 1926.) 10.48.030 Definitions. As used In lhls Division 2: A. "Accredited veterinarian• means one who has been so designated by the Director of the Animal Disease Eradication Division , Agricultural Research Service, United States Department of Agriculture. B. "Animals" means any horses, mules, asses, cattle, sheep, goats, hogs, poultry , birds, rabbits, dogs, cats, or any animal or animals ordinarily oonsidered as wild animals, which are keplln captivity or under control or ownership of any person for any purpose. C. •Approved veterinarian• means one so designated by the Califomla Department of Agriculture to buy, possess or use tuberculin . D. •Garbage" means all discarded food, animal offal, or fruit and vegetable waste resulting from the preparation of food, or any manufactured product thereof, from, but not limited to, private dwellings, flata, canneries, kitchens, boarding houses, apartment hou5es, hotels, restaurants , or other place or institution, public or private, where garbage is produced , or the waste or cleanings from chickens or other fowl, rabbits or other animals, or fish ot olher sea food, that have been prepared for, or Intended to be used as food . "Garbage" does not include mai'Ket refuse, or the hides, fat or bones of four- footed animals, or grease, meat scraps or other simnar matertal being transported to a rendering plant for processing. E. •Immediate slaughter" means and applies to animals shipped 1o a public stockyards and released therefrom for slaughter, and to animals shipped to lhe plant or premises of a firm regularly engaged in the slaughter of animals under approved lnspecllon. F. •tnfectious disease• means and includes any lnfecUous, contaglous or communicable disease considered by the director or health services to be dangerous to the welfare of the county of Los Angeles and to the health of the animals therein, sufficient to warrant putting Into effect the provisions of this OMsion 2 and his rules and regulations. G . •Institution• means any school, hospital, rest home, sanitarium, chun:h, ctub, or any other establishment. H. "Maricet refuse• means waste vegetables or fruit, or the cuttings, trimmings, residue or scraps therefrom, that have resulted from the preparation of vegetables or fruit In markets or packing houses for public sale In markets, and shall not include meat scraps, bones or other garbage. 1. aModifted accredited area• is an area so declared by the Director of the Animal Disease Eradication Division, Agricultural Research Service, United States Department of Agriculture, as the result of off".ciat tuberculin tests of all cattle In said area, to have less than one~ha1f of one percent of lnfectJon. J . •Packing house• means any place where meat. fruit, vegetables or fish are packed, prepared or stored. K. ~Person• means any person, firm, company, association or corporation, their agents or employees. L. •stockyards• means and applies to any 1itockyard, oorral or premises wherein public trading in animals is carried on, or where yarding, feeding and watering facliiUea are provided, and where federal, state or county inspection Is maintained for the Inspection of animals for Jnfec:tiout; diseaaee . M. "Tuben:ulin test" means any test approved by the Animal Dlseale Eradication Division, Agricultural Research Service , United States Department of Agriculture, for the detection of tuberculosis In animals. (Ord . 8962 § 1 (part),1965; Ord. 8397 § 1 (part), 1963: Ord . 1415 Art . 2 §§ 18-30, 1926.) 10.48.040 Director of public health-Powers and duties generally. A. It shall be the duty of the director of public health, acting In cooperation with the Chief of the Division of Animal Industry, California Department of Agriculture, to enforce all laws of the state of California and all orders and ordinances of the board of supervisors of1he county of Los Angeles pertaining to lhe health and sanitary surroundings of the animals in said county, and for that purpose he is empowered and authorized by and with the approval of the board of supervisors to establish, maintain and enforce such quarantine, sanitary, testing and immunizing measures or to promulgate such rules and regulations as he may deem proper and necessary. B. He shall regulate the movement of animals from stockyards, corrals and feed yards; supervise examination and testing of animals or premises for the presence of contagious, infectious or communicable diseases; provide for the ante-mortem and post-mortem inspections of animals slaughtered and meat products prepared; provide for the sanitation of plants and premises upon which animals are kept or upon which such slaughtering and preparation are conducted, enforce any and all regulations concemtng the feeding of garbage, and construction and sanitation of hog ranches; provide for the Identification and disposition of diseased animals, meats and meat products. C. He shall attend such meetings and conferences as may be celled from time to time by the local representative of the Agricultural Research Service, Unlled States Department of Agriculture or the Director of Agriculture . D. He shalllnvesUgate within the state of California any reported outbreak of contagious, Infectious or communicable disease, the presence of which in the state may constitute a menace to the health of animals in the county of Los Angeles . (Ord. 2006-0040 §41, 2006: Ord . 8962 § 1 (part),1965: Ord. 8397 § 1 (pan), 1963: Ord. 5252 § 1, 1948; Ord. 3621 § 2, 1940; Ord. 2981 §§ 2, 3, 5 and 7, 1937; Ord . 1425 §§ 1 and 3, 1926; Ord . 1415 Art.1 § 5, 1926 .) 10.48.050 Powera of deputies. Whenever by the provisions of this Division 2 a power Is granted to the dlreclor of public health, or a duty Imposed upon the director of public health, the power may be exercised or the duty performed by a deputy of the director of public health or by a person authorized pursuant to law by the director of public health, unless il Is expressly otherwise provided. (Ord. 2006-0040 § 42, 2006: Ord. 8962 § 1 (part), 1965: Ord. 8397 § 1 (part), 1963: Ord. 1425 § 3, 1926: Ord. 1415 Art. 1 § 6, 1926.) 10.48.060 VIolation of Division 2 provisions-Penalty. Any person, firm, association or COlporation violating any of the provisions of the ordinance codified In Division 2 of TiUe 10 of this code shall be deemed guilty of a misdemeanor. (Ord . 90-0089 § 10, 1990: OrcS. 8397 § 1 (part), 1963: Ord. 2981 § 1, 1937; Ord. 1415 Alt. 1 § 4, 1926.) 10.48.070 Severability. If any provfslon of the ordinance codified In this Division 2 or application thereof to any person or cfrcumstanoes Is held invalid, the remainder of said ordinance, and lhe application of such provisions to other persons or circumstances, shall nol be affected thereby. (Ord . 8397 § 1(part),1963: Ord. 3621,1940; Ord.1415 Art.1 § 3, 1926.) Chapter 10.52 STOCKYARDS AND HOG RANCHES 10.52.010 Stockyards or pacldng houses-Removing animals without pennlt prohibited when . 10.52.020 Stockyards or corrals-Removing animals without permit prohibited when. 10.52.030 Permit to remove animals from stockyards-Conditions. 10.52 .040 Hog ranch regulations-Feeding garbage to anlmals . 10.52.010 Stockyards or packing houses-Removing animals without pennit prohibited when . It shall be unlawful for any person to remove or to allow to be removed, except for Immediate slaughter, any animals from any stockyard owned, controlled or operated by or in connection wllh or incidental to the operation of any slaughterhouse or packinghouse, except on permits issued by the director of public health. (Ord. 2006-0040 § 43, 2006: Ord. 8962 § 1 (part), 1965; Ord . 8397 § 1 (part). 1963: Ord. 1415 Art . 4 §58, 1926.) ~50- 10.52.020 Stockyards or corrals--Removing animals without penntt prohibited when. It shall be unlawful for any person lo remove or allow lo be removed any animals from any stockyard, corral or premises maintained for the feeding or conditioning of animals, for any purpose other than immediate slaughter, without having secured a permit from the director of public health. (Ord. 2006-0040 § 44, 2006: Ord. 8962 § 1 (part), 1965; Ord . 8397 § 1 (part), 1963: Ord. 1415 Art. 4 §59, 1928.) 10.52.030 Pennlt to remove anlmela from stockyards-conditions. The director of public health shall issue permits for the removal of animals from stockyards upon finding, by Inspection, that such animals are free from any fnfectlous disease. Findings as to the presence or absence of such InfectioUs disease shall be final; provided, however, thal such pennlt may be granted conditional on such treatment, Immunizing, dipping or other curative or preventative measures as may be necessary for the public welfare . (Ord. 2008~040 § 45, 2006: Ord. 8962 § 1 (part), 1965; Ord. 8397 § 1 (part), 1963: Ord. 1415 Art. 4 § 60, 1926.) 10.52.040 Hog ranch regulations-Feeding garbage to animals. The director of public health shall, from time to time, by and with the approval of the board of supervisors, promulgate rules and regulations to control the feeding of garbage to animals and the location, construction and maintenance in a sanitary manner of hog ranches. (Ord. 2008-0040 § 46, 2006: Ord. 8962 § 1 (part), 1965; Ord. 8397 § 1 (part), 1963; Ord. 1415 Art. B § 128, 1926.) Chapter 10.56 IMPORTING OF ANIMALS 10.56.010 Importing or transporting diseased animals unlawful-Exceptions. 10.56.020 Importation permit-Required when-Stockyard and anlmak:are standards. 10.56.030 Animals for slaughter-Procedure for moving and unloading. 10.56.040 Dairy and breeding cattla-ldentlflcatlon and report requirements. 10.56.050 Dairy and breeding cattle-Holding period required-Exception. 10.56.060 Animals Imported illegally-Quarantine, examination and disposal restrictions. 10.56.010 Importing or transporting dlseand animals unlawful-Exceptions. II is unlawful for any person to bring into or receive in, or to transport from place to place wl1hin, the county of Los Angeles. except for the purpose of immediate slaughter, any anlmaJs affected with any contagious, Infectious, or oommunlcable disease, without a permit from the director of public health, except such diseased animals as are spec!fiCBlly penniHed to enter the state of California and the county of Los Angeles under federal or California State regulations, and only under the conditions end for the purpose prescribed in the federal and state regulations governing movement of animals . (Ord. 2006-0040 § 47, 2006: Ord. 8962 § 1 (part), 1965; Ord. 8397 § 1 (part), 1963: Ord. 1415 Art. 5 § 71' 1926.) 10.56.020 Importation permit-Required wha.n-Stockyard and animal-care standards. A. It is unlawful for any person to bring Into or receive in the county of los Angeles any cattle, sheep, swine, horses or goats, for any purpose other than Immediate slaughter, without a permit from the director of public health; provided, however, that when such cattle, sheep, swine, horses or goats, other than cattle Imported for dairy or breeding purposes, are unloaded from a vehicle Into public stockyards where federal, etale or county Inspection Is maintained for the inspection of animals for Infectious d~ases, such permit shall not be required until they are to be removad from such stockyards. B. Such stockyards shall be approved by the director of public health and shaN be so constructed as to permit humane handling, proper control without inhumane cro-wding or delay, and thorough Inspection, Including provisions for restraining individual animals . They shall be so oonstrucled with regard to height and strength of fences and gates as to prevent the -61- escape of animals. They shall permit animals to be fed, rested and watered with sufficient potable water. Proper drainage, and facilities for disinfection (when required by the director of public health), and provisions for the removal of accumulations of manure and the prevention of the formation of mud and wallow, shall be supplied. Such approval may be withdrawn in lhe event such stockyards at any time fall to comply with the requirements of this section. (Ord. 2006- 0040 § 46, 2006: Ord. 8962 § 1 (part), 1965; Ord. 8397 § 1 (part), 1963: Ord. 1415 Art. 5 § 72, 1926.) 10.56.030 Animals for slaughter--Procedure for moving and unloading. All animals entering the county of Los Angeles for the purpose of Immediate slaughter by any method of transportation or by driving on hoof must be moved directly to a public stockyards or lo the premises upon which they are to be slaughtered, except that such animals in railroad shipments may be unloaded enroute in order to comply wlth the provisions of what is known as the •28-hour law" of the Un~ed States Department of Agriculture. (Ord. 8397 § 1 {part), 1963: Ord. 1415 Art. 5 § 73, 1926.) 10.56.040 Dairy and breeding cattle-Identification and report requirements. Immediately upon arrival of dairy or breeding cattle into the county of Los Angeles, the fact of such arrival shall be reported to the director of pubtlc health. The director of public health shall marie: the catUe for identification with tags or otherwise, and make a record showing the date of arrtval, description of the cattle, the name of the owner and of the person In charge of the cattle, and the place in which they are to be kept. No person shall remove or tamper with any identification mark placed on an animal by the director of public health for the purpose of identification. (Ord. 2006..0040 § 49, 2006: Ord. 8962 § 1 (part), 1965; Ord. 8397 § 1 (part), 1963: Ord. 1415 Art. 5 § 74, 1926.) 10.56.DSD Dairy and breeding cattle-Holding period required-Exception. No person shall sell or move any dairy or breeding cattle from place to place within a period of 120 days from the dale of their arrival, unless such cattle have been released by the director of publlc health. (Ord. 2006-0040 § 50, 2006: Ord. 8962 § 1 (part), 1965; Ord. 8397 § 1 (part), 1963: Ord. 1415 Art. 5 § 75, 1926,) 10.56.060 Animals imported Illegally-Quarantine, examination and dispo5BI 1'8&trictions. All animals brought into the county of Los Angeles In violation of any of the provisions of the ordinance codified in this Division 2 shall be subject to quarantine. examination and test, at the expense of the owner, by the director of public health, who may dispose of such animals to comport with the welfare of1he county of los Angeles and the protection of the health of the animals therein. (Ord. 2006--0040 § S1, 2006: Ord. 8962 § 1 (part), 1965; Ord. 8397 § 1 (part), 1963: Ord. 1415 Art. 5 § 76, 1926,) Chapter 10.60 TUBERCULOSIS CONTROL(15) 10.60.01 0 Holding period before tuberculin Injection-Exception. 1 D.60.020 Tuberculin lnjeclion-Condillons. 10.60.030 Tuberculin tests-Records required. 10.60.040 Interference with tuberculin tesiS prohibited. 10.60.050 Testing cattle for tuberculosis authorized when. 10.60.060 Dairy and breeding cattle-Test required before sale-Exceptions. 10.60.070 Costs of tuberculin testing. 10.60.080 Branding of tubercular cattle required. 10.60.01 D Holding period before tuberculin tnJactlon--Excaptlon. ~52- No person shall in~l or cause to be Injected tuberculin Into any catUe brought Into the county of Los Angeles for a period of 120 days after their arrival, except by permission of the director of public health . (Ord. 2006.0040 §52, 2006: Ord. 8962 § 1 (part), 1965; Ord. 8397 § 1 (part), 1963: Ord. 1415Art. 6 § 87, 1926.) 10.60.020 Tuberculin injaction-CondltiDns, No person shall inject, or cause to be injected, tuberculin Into any cattle, except when used In connection with a tuberculin test as defined in subsection M of Section 10.48.030. (Ord. 8397 § 1 (part), 1963: Ord. 1415 Art. 6 § 88, 1926.) 10.60.030 Tuberculin teats-Record& required. The following records of all cattle tuberculin tested In Los Angeles County must be fled with the director of public health within five days after completion of the test Owner, address or location of herd, number of cattle In the herd; number of cattle tested, number ~f catde reacting, such description as would identify each animal tested, Identification number of each animal tested. (Ord . 2006.0040 §53, 2006 : Ord . 8982 § 1 (part), 1965; Ord . 8397 § 1 (part),1983: Ord. 1415 Art. 6 § 89, 1826.) 10.60.040 Interference wJth tuberculin tests prohibited. No person shall move from any prem ises any catUe upon which a tuberculin lest has been started until the same shall have been completed without the pennlssion of the veterinarian conducting such teet, nor In any way interfere with lhe proper conduction of such test after It shaU have been started. (Ord . 8387 § 1 (part), 1963: Ord. 1415 Art . 6 § 90, 1926.) 10.60,050 Tasting cattle for tuberculosis author1zed when. Whenever the director of public health has cause lo believe that there is danger that any cattle brought Into the county of Los Angeles are afflicted with tuberculosis, he shall cause such cattle to be examined and tested for tuberculosis . Such test or tests may be made at any time within 120 days after the arrival of sudl catUe Into the county of Los Angeles. (Ord . 2006-0040 §54, 2006: Ord. 8962 § 1 (part), 1965; Ord . 8397 § 1 (part), 1963: Ord.1416Art. 6 § 91, 1926.) 10.60.080 Dairy and breeding cattle-Test required before a ale-Exceptions. It shall be unlawful for any person to sell or offer for safe any cattle for dairy or breeding purposes In the county of Los Angeles, unless such catlle have been examined and te&1ed for tuberculosis within 30 days preceding such sale by a rederel or state veterinarian, or the director of public health, or by a veterinarian duly authoriZed by such offic1als to apply such test; provided, that this section shall not apply to cattle which have been regularly tested by representatives of the federal or state Department of Agriculture under the laws, rules and regulations applicable to dairies operating under the Federal Accredited Herd Plan, or lhe Food and Agricultural Code of the state of Cellfomla; and further provided that the 30-day period may be waived by the director of public health at his discretion. (Ord. 2006-0040 § 65, 2006: Ord . 8962 § 1 (par1), 1965; Ord. 8397 § 1 (part), 1983: Ord. 1415 Art 6§ 92, 1926.) 10.60.070 Coats of tuberculin testing. Whenever an owner requests of the director of public health that his cattle be tested for tuberculosis, the expense of such test shall be bome by the owner. unless said request Is made under the provisions of the Food and Agricultural Code of the state of Callfomla, and sald owner agrees , In writing, to conform In all respects to said state law and the rules and regulations of the director of public health applying to tuberculin tests and dlsposal of reacting 8nlm*; provided, that whenever fiVe or less cattle .-e sold for dairy and breeding purposes and test for bJberculosls Is required under the provisions of this chapter, the director of public health shall, at the request of the owner thereof, conduct one such test without charge within a period of six months. (Ord. ~040 §56, 2006: Ord. 8982 § 1 (par1), 1965; Ord. 8397 § 1 (part), 1963: Ord. 1415 Art. 6 § 93, 1926.) 10.60.010 Branding of tubercular cattle naqulred. A All cattle whleh are shown by examination of tubercUlin test to be afflicted with tuberculotll& shall be Immediately marked for identification by branding the letter .,... on the left jaw. B. The letter "r used fer the branding of reacting enlmallehall be three inches in height from top to bottom and three -53- Inches wide at the top, and the branding edge shall not be less than one-quarter of an Inch in width . C. No animals so branded shall be slaughtered or disposed of In any manner whatsoever, or removed from the premises where located when branded, unless permission Is first obtained from the director of public health or from the Director of the State Department of Agriculture . (Ord . 2()06..()040 §57, 2006: Ord. 8962 § 1 (part), 1965; Ord. 8397 § 1 (part), 1963: Ord . 1415 Art . 6 § 94, 1926.) Chapter 10.64 QUARANTINES 1 0.64.010 Infectious diseases-Report and quarantine procedures. 10.64.020 Duty to report infectious diseases and asslsl enforcement. 10.64.030 Right of entry for inspection-Quarantine and other protective measures authorized when . 10.64.040 Interference with notices prohfblled. 10.64.050 Watercourses-Protection from quarantined animals and infectious materials. 10.64.060 Glanders disease-Destruction requirements. 10.64.070 Foot-and-mouth disease-Right of entry for examination-Holding period authorized . 10.64.010 Infectious diseases-Report and quarantine procedures. A. When the director of public health has determined that an Infectious disease exists among animals in any other county or area of the state of California and the importation of animals from such county or area might spread such disease among the animals within the county of Los Angetes, the director of public health shall notify the board of supervisors thereof, deaignating and describing the county or area wherein such disease has been found and shall, with their approval, establish quarantine restrlcllons against such county or area as the circumstances warrant. B. The director of public health may refuse to permit shipment& of animals originating In such areas to enter the county of Loa Angeles unless accompanied by a certificate signed by a state or federal veterinarian which shall satisfactorily prove that there Is no possibility that the animals for which such certificate Is issued are infected with or exposed to any Infectious disease. Any animals entering the county of Loa Angeles from any county or area to described and designated without such certfflcate may be quarantined by the director of public health and confiscaled or disposed of in such manner as to eliminate any danger ot the animals within the county of los Angeles being exposed to Infection from such disease. (Ord. 2006-0040 §58, 2006: Ord. 8962 § 1 (part),198S; Ord. 8397 § 1 (part), 1963~ Ord.1415 Art . 3§ 41, 1926.) 10.64.020 Duty to report infectious dlsean and aaa.t enforcem...t.. It is hereby made the duty of any person suspecting or having knowtedge of the presence of any infectious diseases In animals to report same to the director of public health . It shall be the duty of any person owning or having control of animals to assist the director of public health to enforce the provisions of this Dlvtslon 2, to obey all orders or the director of publle health made for the control and eradlcetion of Infectious diseases, the sanitation of premises, destruction of animals, and disposal of carcasses, manure, ofl'lll , refuse, condemned meal and meat products. (Ord . 20()6.0040 § 59, 2008: Ord. 8962 § 1 (part), 1985; Ord. 8397 § 1 (part), 1963: Ord.1415 Art. 3 § 42, 1926.) 1 0.64.030 Right of entry for inspaction-Quarentlne end other protective measures authorizecl when. A. Upon Information received by the director of public health of any Infectious disease affecting animals within the county of Los Angeles, he shall proceed to thoroughly inveatlgate the same. B. The director of public health Is heraby empowered to enter any premises where animals are kept. or on which he has reason to believe that animals are kept, In order to carry Into effect the provisions of Clvlslon 2 of Tide 10, and It shall be unlaWful for any person to Interfere with the official action of the director of public health . C. The director of public health may qU81Bnllne, for a reasonable period of observation and unUI such tests as may be required to ascertain the presence or absence of any Infectious disease are compteted, any animals which are suspected of being Infected wlth or exposed to an infectious disease, or the premises upon Which such anlmala are kept, or both. D. Upon dlscovertng of any Infectious disease affecting animals In the county of los Angeles, the director of public health -54- shall have the power and it shall be his duly to establish such quarantine, sanitary, testing, lmmun\zJng and pollee regulations as may be necessary to control or eradicate such disease and prevent the spread thereof to other animals. E. The director of public health may quarantine any animals Which may have been exposed to infection from such diseased animals or which may have been located upon lhe land or premises where such diseased animals have been kept , and thereafter it shall be unlawful for any person to break such quarantine or to move or allow to be moved any such animals from within the premises thus quarantined, or across the quarantine line so established, wlthoul first obtaining from the director of public health a permit to do so. If the director of public health deems it proper to Issue such a permit after inspection, he may cause such animals, premises and vehicles of transportation, and any Infected material, equipment or effects, to be properJy cleaned and dis infected . F. The owner of any quarantined animal shall be responsible for bearing all costs Incurred by the county as a result of said quarantine . (Ord. 2006-0040 § 60, 2006: Ord. 97-0055 § 10, 1997: Ord . 8962 § 1 (part), 1965; Ord. 8397 § 1 (part), 1963: Ord . 1415 Art. 3 § 43, 1926.) 10.64.040 Interference with notices prohibited. It shall be unlawful for any person during the existence of a quarantine established under SecUon 10.48.030 to remove, tear, deface, mutilate, obscure or otherwise destroy, or In any other manner whatsoever inlerfere with any placard, notice or proclamation decfaring such quarantine, placed on or about the premises on which any of said animals so quarantined are located. (Ord. 8397 § 1 (part), 1963: Orcl. 1415 Art. 3 § 44, 1926.) 10.64.050 Watercourses-Protection from quar~ntlned animals and Infectious materials. It shall be unlawful for any person to permit any animals quarantined under Section 10.64.030 to have access to any l"lgatlon ditch, stream or other channel In which water Is running or may run at any time through auch quarantined premises , or to allow such animals to come In contact with other animals which may have access to any lrrlgallon ditch, stream or other channel so mentioned, or to permit the depositing in such irrigation ditch, stream or channel of any manure, offal, excrement or material which might carry Infection, or to allow the drainage from any premises so quarantined to come In contact with such Irrigation dllch, stream or other channel aforemenUoned . (Ord. 2006-0040 § 61 , 2006: Ord. 8397 § 1 (part), 1963: Ord . 1415 Art. 3 § 45, 1926.) 10.64.060 Glanders dlseas.-Destructlon requirement.. tt shall be the duty of the director of public health, whenever the fact shall have been determined by him that any animals are affected with the disease known as glanders, to kill such diseased animals, and have the premises thoroughly cleaned and disinfected, and to order the o-wner of such animals to cremate, bury or deliver such animals to a rendering WOtks approved by the director of public health. If the owner of such animals fals. negtecls or refuses to bury, aemate or defiver same to an approved rendering wo~s wllhln a period of 24 haws from the issuance of such order, the director of pubHc health shall cause the same to be buried, cremated or delivered to an approved rendering works, at the expense of the county, and the expense of such burial, cremation or delivery to an approved rendering works shall be charged against such owner, to be recovered by action In the name of the county of Los Angeles. (Ord. 2008-0040 § 62, 2006; Ord . 8962 § 1 (part), 1985: Ord . 8397 § 1 {part), 1963: Ord. 1415 Art. 3 § 46, 1926.) 10.64.070 Foot-and..mouth diseaa.-Right of entry for o•mlnatlon-Holdlng period authorized. When the director of public health has reason to believe that there is a possibility that foot-and-mouth disease exists on any premises In the county of Los Angeles, he shall have the power to enter said premlaes and to place and keep thereon such animals as may ba necessary to determine the presence of foot-and-mouth dlseasa In accordance with the rules and regulation~ of the United States Department of Agriculture, and to keep them there under his supervlalon and control for a period not to exceed 50 days. (Orcl . 2006-0040 § 83, 2008: Ord. 8962 § 1 (part), 1985: Ord. 8397 § 1 (part), 1963: Ord. 1416 Art. 3 § 47, 1926.) Chapter 10.18 SANITATION AND OTHER REQUIREMENTS 10.68.010 Restraint of animals for testing-Owner responsibility-County costs authorized when. 10.68.020 Sanitation requirements generally. ·65· 10.68.030 Harboring rats or olher rodents prohibited. 1 0.68.010 Restraint of animals for testing-owner responsibility-County costs authorized when. A. The owner or person in charge of animals shall property confine in stanchions or chutes any animals which the director of public healtn may designate for lhe purpose of examination, injection, observation, administration of tuberculin or mallein, or other specific tests or procedures. B. If the owner or person In charge refuses to properly confine such animals for examination or test within 24 hours after he is requested to do so by the director of public health, the director of public health may employ help and i~r such expense as Is necessary to properly control such animals for the purposes mentioned. C. The expense so incurred shall be a lien upon said animals and shall be recovered by action in the name of the county of Los Angeles, unless paid within 10 days after written notice of the amount has been given by the director of public health to the owner or person In possession of said animals . (Ord . 2006..0040 § 64, 2006: Ord. 8962 § 1 (part), 1965; Ord. 8397 § 1 (part), 1983: Ord. 1415 Art. 6 § 105, 1926.) 1 0.68.020 Sanitation requirements generally. Every premises where animals are kept, fed, stabled or otherwise cared for, or any premises on which a hog ranch or slaughterhouse Is maintained, or where meat products are prepared for food, shall be kept In a clean and sanitary condition . (Ord . 8397 § 1 (part), 1983: Ord. 1415 Art. 7 § 116, 1926.) 10.68.030 Harboring rats or other rodents prohibited. Ills unlawful for any person lo maintain a rat or other rodent menace where animals are kepl (Ord . 8397 § 1 {part), 1963: Ord. 1415 Art. 7 § 117,1926.) Chapter 10.72 ANIMAL DISEASE REPORTS[17] 10.72.010 Duly to report designated diseases-Form of report. 10.72.020 Tissue samples required when. 10.72.030 Director of public health Investigation, enforcement and quarBntine authority. 10.72.040 VIolation--Penalty. 10.72.010 Duty to report designated dlsaun-Form of report. A. All veterinarians, all persons in charge of kennels and all persons making a business of having charge, custody or control of animals, who have knowledge of or have reason to suspect that an anfmal Is Infected with tuberculosis, glanders, anthrax, rabies, actinomycosis, cysticercosis, trichinosis, luleraemla and coccidiosis, or any other infectious disease which might become epidemic and transmissible to mankind, shall, within 24 hours, report to the director of public health the following facl&: 1. The name and address of the owner of the animal; 2. The number of .animals Infected; 3. The probable source of infection; 4. The steps taken for control; and 5. The name and address of the person making the report. B. The director of public heahh shall supply appropriate forms on which such reports can be made. C. In the case of tuberculosis the person making the report shall, in addition to the fonn prescribed in subsection B, send to the director of public health a copy of the tuberculin test as prescribed by the State Department of Agriculture. (Ord. 2006-0040 § 65,2006: Ord . 1114 § 1, 1924.) 10.72.020 Tissue samples required when . The director of public health may require veterinarians who have been in charge of or who have been called upon to treat any animal with any of the following diseases, to submit to him or lo a laboratory designated by him, a specimen of tissue • 58. for verification of diagnosis : glanders, anthrax. actinomycosis, cysticercosis, trichinosis, tuleraemia and coccidiosis. In the case of rabies, the director of public health may require the submission of the head of the animal detached from the body . (Ord. 2006-0040 § 86, 2006: Ord. 1114 § 2, 1924.) 10.72.030 Director of public health Investigation. enforcement and quarantine authority. It shall be the duty of the director of public health to make an investigation in the case of all animal diseases transmissible to mankind, and to take such steps as may be necessary for the protection of the public health to prevent the spread of such diseases to mankind, and in the performance of such duty he shall have the authority to enforce such quarantine measures as It may be necessary. (Ord . 20~040 § 67, 2006 : Ord . 1114 § 3, 1924.) 10.72.040 VIolation-Penalty. Any person, firm or corporation who violates any of the provisions of this chapter shall be guilty of a misdemeanor. {Ord. eo-oos9 § 11. 1990: Ord. 1123 § 1, 1924: Ord . 1114 § 3 112, 1924 .) Chapter 10.76 APIARIES[19) 10.76.010 Perr;on defined. 10.76.020 Signs identifying premises and owner required. 10.76.030 Signs on hives-Location and description. 10.76.040Signs on h~ettering . 10.76.050 Violation deemed misdemeanor. 10.76.010 Person deflned. As used In this chapter, qperr;on• includes every person, firm and corporation. (Ord. 8722 § 1, 1955.) 10.76.020 Signs Identifying premises and owner required. Every person maintaining an apiary on premises other than that of his residence shall1denttfy such apiary by affiXing a sign thereto showing the name of the owner or person In possession of lhe apiary, his address, hfs telephone number, If any, aod If there Is no telephone, a statement of that facl (Ord. 6722 § 2, 1955.) 10.76.030 Signs on hives-Location and description. Persons designated In Section 10.76.020 shall affix the required sign on the longer side of the hive or longer side of the super, prominently located on the entrance side of the apiary, and shan at all times maintain such sign thereon. Such signs shall be In black letters at least one Inch In height on white or other contrasting color. (Ord. 6722 § 3, 1955.) 10.76.040 Sign• on hives-Lettering. The lettering of signs required by Section 10.76.020 shall be printed or stenciled , or equivalent there to, In black paint or black Ink. (Ord. 6722 § 4, 1 955.) 10.7&.050 Violation deemed misdemunor. Every person violating any proviston of thts chapter Is guilty of a misdemeanor. (Ord. 6722 § 5, 1856.) Chapter 10.10 DOGS IN OPEN VEHICLES 10.80.010 Transporting dogs in open vehicles prohibited when. 10.80.020 Vlolallon-Penalty. • 57. 10.80.010 Transporting dogs In open vehicles prohibited when. A. No person shall transport any dog in or on the baok or bed of any open truck or other open vehicle while traveling on any county road, street, highway, lane or alley. B. This section shall not apply to any person who transports a dog In any open truck or other open vehicle which is partially enclosed by stakes, racks or other simBar devices which rise at least two feet, nine inches above the tops of the sides and back of the vehicle, and which are designed to prevent the dog from falling or escaping from the vehicle. (Ord. 12051 § 1 (part), 1980: Ord. 12004 § 1, 1979.) 1 0.80.020 Violation-Penalty. Violation of any provision of this chapter is a misdemeanor. (Ord. 90-0089 § 12, 1990: Ord. 12004 § 2, 1979.) Chapter 10.84 FEEDING OF CERTAIN PREDATOR ANIMALS 10.84.01 0 Providing food for certain rodents or predator animals prohibited. 10.84.020 Feeding animals permitted when . 10.84.030 Violation-Penalty. 1 0.84.010 Providing food for certain rodents or predator animals prohibited. A. Except as otherwise provided for herein, no person shaR feed or in any manner provide food to a nondomesticated rodent or a nondomestlcated mammalian predator. B. For purposes of this chapter: 1. "Rodenr includes ground squirrels; 2. "Mammalian predators" includes coyote, raccoon, fox and opossum. (Ord. 81-0029U § 1 (part), 1981 .) 1 0.84 .020 Feeding animals permitted when. A person may feed or provide food loa nondomesticated rodent or a nondomesticated mammanan predator under the following instances: A. When the person Is the owner of such a rodent Qt mammalian predator, and $udl rodent or predator is kept under a valid celtif1C8le or permlllssued by the State of California Department of Fish and Game; B. When the person feeds or provides food to a trapped, Injured or unweaned nondomestica.ted rodent or predator between the time the agency in charge of animal control or Its designated agent is notified and picked up by said agency. (Ord. 81-0029U § 1 (part), 1981.) 10.8<4.030 V1olllllon-Penalty. A violation of any provision of this chapter shall be an Infraction . (Ord. 90-0089 § 13, 1990: Ord . 81..0029U § 1 (part), 1981.) Chapter 10.86 INTERFERENCE WITH POLICE DOGS 10.86.010 Interference wnh pollee dogs. 10 .86 .020 VIOlation-Penalty. 10.86.010 Interference with police dogs. It is unlawful for any person to wilfully tease, torment, agitate, provoke, beat, kick, strike, injure, maim, disable, kill, or rn any way Interfere with any dog being used in a police function by law enforeement officers. (Ord . 82..0034 § 1 (part), 1982.) 10.86.020 Vlolllllon-Pen~tlty. -58- Any person v iolating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, (Ord. 90-0089 § 14, 1990: Ord. 82.0034 § 1 (part), 1982.) Chapter 10.90 FEES FOR SERVICES AND ACTIVITIES 10.90.010 Fee schedule. 10.90.010 Fee schedule. The license fees required to be paid are as follows, except that the director may waive any fees in cases of undue hardship: l i~ lndivid·u-i1Anlmal Licenses. ]Fees ' jE~erY-Pe~on~wning a dog or cat over the age offour 1 months shall obtain an annual license and tag for each 1such dog or cat; except, there shall be a one.tim&anly fee lfor registration of discharged military dogs, for guide dogs or Seeing Eye dogs, for signal dogs t~lned to assist the hearing Impaired, and for service dogs trained to perform .tasks to assist the physically handicapped, upon payment !of the following fees: i ~A~oQ license and tag fees: I !Dogs over four months: I 1. Unaltered (Unspayed/unneutered) ~-------------------· .. -----·-$60.00 ($5 of each fee received Is designated for low cost spay/neuter program) 12. Altered (Spayed/neutered) 20.00 1($5 of each fee received Is designated for low cost ~spay/neuter program) ,3. Senior citizen-Spayed/neutered dog ,7 .50 -----··· --·.-·-~ 4. Delinquency charge fer annual license renewal equivalent to the cost of the license, will be added to the license fee If the renewal appllcaUon is submitted more than 10 calendar days past the expiration date of a license, or If a license application was not otherwJse timely submitted. J5. Replacement of tag or offlclallicense recefpt ,5.00 r rransfer of ownership 15.00 ~---····---------------- 15.00 ?· Discharged military dogs (one-time registration fee) I .---18. Guide ~~s or Seeing ~~ .. dogs, sign~~ dogs ~ and ___ ,5.00 -59- Jse~ic~-~:g:_ ~ne-tlm:egls~ation fee) _] _________ , [9 Field enforcement fee: The owner or custodian of a dog 40.00 lfound unlicensed by a department employee in the f1eld JwiiJ be charged a field enforcement fee. 18. Cat license fee;----------------~ I~ Uns-pa-ye---,-d/=-un -n-e-utered r-~1-0-.0-0 ____ _ 12 Spayed/r;utered ls.oo r Replacement -ca_t_ta_g------------~r::-5.-=-o-:-o----- ~4~ ·Tran-51-er -of-ownership ls.oo ---------------------r--------15, Delinquency charge for annual license renewal I equivalent to the cost of the license, will be added to the license fee if the renewal is submitted more than 10 calendar days past the expiration date of a license, or if a license application was not otherwise timely submitted. ~ ---------------· ------------1-------1 16-Field enforcement fee: Tile owner or custodian of a cat 40.00 !found unlicensed by a department employee in the field :will be charged a f~eld enforcement fee. ~~~--~---:----:----:-------:----:--------r---------1 ;c Other animals-Licenses required: l j 1. Pygmy pigs 150.00 ~2~wlkfanimals ]1oo.oo rnl3. Delinquency charge for annual license renewal i-------l equivalent to the cost of the license, will be added to the 1 1icense fee if the renewal is submlUed more than 10 calendar days past the expiration date of a license, or If a license application was not otherwise timely submitted. Mll4. Field enforcement fee: The owner or custodlen of an ~.00 .animal found unlicensed by a department employee in the !tJeld will be charged a field enforcement fee. ;o.-voluntary identification and registration: I r------- IAny dog or cat may be registered In the departmen~s Voluntary Identification Program. Such animal shall be assigned an Identification number by1attoo, microchip or other available means of identiflcaUon, at the owner's request. upon the payment of the followlng fees: ! -------------~·~----------------'--------.....1 -60- j(il) 21-=-s·a dog~ or ~ts ·------ 1350.00 I ----------. ---------------------- ,(iii} 51-75 dogs or cats 1400.00 [0v) -7 s-=1 00-dogs or cats --~ ·- 1450.00 --···-~ .. ···---- 1525.00 l(v) Over 100 dogs or cats ; -'2.-Penalty for operation of an animal faclllty without 1hcense A penalty equivalent to the cost of the license will ;be added to the license fee If a facility operates without a 1\rcen se. ! i3.Fee reduCtion for each additional animal facility r25.00 •application made at the same location at the same time. I 18-:-Renewal animal facility license fees (including I iinspeclion ): I [1.Aili:inlmal iacllmes: I ------ 1175.00 !a Petshop I [b.Groomin 9 parlor/mobile 1175.00 jC. Animal menagerie 1175.00 I !d. Wholesale wHd anlmal dealer 1175.00 i ,e. Hobby breeder (defined in Section 10.20.045) 1175.00 r Pygmy pig breeder 1175.00 [9. Non-profit humane organization 1175.00 \h. Dog and cat breeding and/or boarding facRity: I r---·--- For purposes of license fee computation, fee Is based on 75 percent of the total capacity of the animal facility or the actua l animal population housed at the time of the inspection, whichever is grea\er. l(i) 4-20 dogs or cats 1225.00 ri) 21-50 dogs or cats rrs .oo ~) 51 -75 dogs-Or cats 1325.00 I [{iv) 76-100 dogs or cats 1375.00 I --- -62- j 178 ~Added by 1436 § 1, 1926. ~1----~Renumbered from-§=-1-=9:-:b-y~444~2-§-=--1.-1:""::"9~4~5=-.-- j These section numbers and the ordinances affecting them have never been repealed. For sections carried forward by Ord. 8397, for example§ 2 of Ord. 1415, the legislati\re history note Incorporates all ordinances affecting that section. whether or not the subject matter Is the same. 15. For statutory provisions on bovine tuberculosis, see Food and Agrfc. Code§ 9901 et seq. 17. For statutory provisions on reports of animal diseases, see Food and Agric. Code§ 9101. 1 e. For statutory provisions on the Identification of apiaries, see Food and Agric. Code § 29245. -84.