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HomeMy Public PortalAboutOrd. 1558ORDINANCE NO. 1558 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD REPEALING CHAPTER 8 OF THE LYNWOOD MUNICIPAL CODE AND ADOPTING A NEW CHAPTER 8 FOR THE PURPOSES OF ADOPTING BY REFERENCE TITLE 10 OF THE LOS ANGELES COUNTY CODE IN ITS ENTIRETY TO PROVIDE ANIMAL CONTROL SERVICES WITHIN THE CORPORATE LIMITS OF THE CITY OF LYNWOOD. THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 8 (Animal Control Code) of the Lynwood Municipal Code is hereby repealed in its entirety, and a new Chapter 8 is hereby adopted. SECTION 2. Section 8 -1 of the Lynwood Municipal Code, is hereby amended to read as follows: "County animal control ordinance adoption. TITLE 10, ANIMALS, of the Los Angeles County Code, as amended and in effect of June 29, 2004, hereby adopted by reference as the Animal Control Ordinance of the City of Lynwood and may be cited as such. A copy of Title 10 of the Los Angeles County Code is on file in the office of the City Clerk and at all times shall be maintained by the City Clerk for use and examination by the public." SECTION 3. Section 8 -2 of the Lynwood Municipal Code, is hereby amended to read as follows: "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 title. 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 10.37.050(C) 10.37.060(F) 10.40.010 10.40.040 10.86.010 of this title is a misdemeanor, punishable as set forth in Penal Code Section 19 10.12.190 Refusing to show license or certificate unlawful. Any person upon whom any demand is made under authority of this Division 1 for the exhibition of any dog or cat, rabies vaccination certificate, or any dog or cat license or tag, who fails or refuses to exhibit the same if he has it in his possession, is guilty of a violation of this Division 1, which shall be punishable as herein provided. 10.12.200 Interfering with department officers prohibited. A person shall not interfere with, oppose or resist the director or an employee of the department, while such person is engaged in the performance of any act authorized by this Division 1. 10.20.280 Registration -- Required for business establishments. Every business establishment shall register, with the Los Angeles County department of animal care and control, each and every dog subject to this Part 3. 10.20.310 Sign required on premises -- Contents. Clear and legible signs shall be posted at each of the entrances to the business establishment having dogs registered pursuant to this Part 3, which shall state that the dog is registered with the Los Angeles County department of animal care and control and the location and telephone number of the nearest county animal shelter. 10.28.060 License -- Required for certain activities and animals -- certain animals exempt. A. Any person, including a new owner of an existing organization or business, shall not conduct or operate any animal facility listed in Section 10.90.010.VII., or keep any wild animal, within the unincorporated area of Los Angeles, without 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 within 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. Hamsters; 8. Hawks; 9. King snakes; 10. Marmoset monkeys; 11. Mynah birds; 12. Parrots, parakeets, amazons, cockatiels, cockatoos, lories, lorikeets, love birds, macaws, and similar 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 caribe; 21. Domesticated mice and rats. B. Notwithstanding any other provision of this Division 1, the director shall waive the license requirement for a cat kennel (as defined in Section 10.08.090) or dog kennel (as defined in Section 10.08.130) when an animal permit has been obtained pursuant to Ordinance 1494, the Zoning Ordinance, (Los Angeles County Code Sections 22.52.330 and 22.56.420 through 22.56.530). -2- 10.28.280.c Display of grading card -- Violation. C. The Animal Facility Grade Card shall not be defaced, marred, camouflaged, hidden or removed. Except as provided in subsection D of this section, it shall be unlawful to operate an animal facility unless the Animal Facility Grade Card is displayed as required by this Section 10.28.280. A violation of this subsection C is a misdemeanor, and is punishable as a misdemeanor under Penal Code Section 19. 10.32.020 Attack dogs -- Fenced or walled premises required when. Notwithstanding the provisions of Section 10.32.010, no person owning or having charge, care, custody, or control of any dog which has been trained to attack persons or animals, or an attack dog that behaves in a threatening or menacing manner, shall, 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 premises, including those of the person owning or having charge, care or custody of such dog, except within such portion of such property or premises which are enclosed by a structure, fence or wall not less than five feet in height. The fence, wall, or structure shall conform to requirements of Chapter 11.50 of this code. 10.32.070 Cat kennel requirements. Every person owning or operating any cat kennel 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. 10.32.080 Wild animal establishment regulations. Every person owning any wild animal or operating any wild 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. 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 kills a person; C. Any dog previously determined to be and currently listed as a potentially dangerous dog which, after its owner or custodian has been notified of this determination, continues'the behavior described in section 10.37.020 or is maintained in violation of section 10.3 7.130. 10.37.050 Enclosure -- Definition. "Enclosure" means a fence or structure suitable to prevent the entry of young children, and which is suitable to confine a potentially dangerous or a vicious dog in conjunction with other measures which may be taken by the owner or custodian of the dog. The enclosure shall be designed to prevent the animal from escaping. The animal shall be housed pursuant to section 597t of the Penal Code. -3- 10.37.150 Penalty for violation of conditions. The failure of an owner or custodian of a dog released after a hearing pursuant to Section 10.37.110 or 10.37.120 to comply with any of the conditions imposed by the court is a misdemeanor punishable by a fine not exceeding $1,000.00 or by imprisonment in the County Jail for a period not exceeding six months, or by both such fine and imprisonment. 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 establishment 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 entrance of other animals. B. All animals shall be supplied with sufficient good and wholesome food and water as often as the feeding habits of the respective animals require. C. All animals and all animal buildings or enclosures shall be maintained in a clean and sanitary condition. 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. F. Every reasonable precaution shall be used to insure that animals are not teased, abused, mistreated, annoyed, tormented or in any manner made to suffer by any person or means. G. No condition shall be maintained or permitted that is or could be injurious to the animals. H. Animal buildings 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. I. Every animal establishment shall isolate sick animals sufficiently so as not to endanger the health of other animals. Sick animals shall at all times be isolated from the other animals. J. Every building or enclosure wherein animals are maintained shall be constructed of material easily cleaned and shall be kept in a sanitary condition. The building shall 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 allow observation of animals and sanitation. K. Such person shall take any animal to a veterinarian for examination or treatment, if the director finds this is necessary in order to maintain the health of the animal and orders the owner or custodian to do so. L. All animal rooms, cages, kennels and runs shall be of sufficient size to provide adequate and proper accommodations for the animals kept therein. M. Every violation of an applicable regulation shall be corrected within a reasonable time to be specified by the director. N. Such person shall provide proper shelter and protection from the weather at all times. O. Such person shall not give an animal any alcoholic beverage, unless prescribed by a veterinarian. -4- P. Such person shall not allow animals which are natural enemies, temperamentally unsuited, or otherwise incompatible, to be quartered together, or so near each other as to cause injury, fear or torment. 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 shall be deemed not to be natural enemies. Q. Such person shall not allow the use of any tack, equipment, device, substance or material that is, or could be, injurious or cause unnecessary cruelty to any animal. R. Such person shall give working animals proper rest periods. Confined or restrained animals shall be given exercise proper for the individual animal _under the particular conditions. S. Such person shall not work, use or rent any animal which is overheated, weakened, exhausted, sick, injured, diseased, lame or otherwise unfit. T. Such person shall not allow any animal which the department has suspended from use to be worked or used until released by the department. U. Such person shall not display animals bearing evidence of malnutrition, ill health, unhealed injury or having been kept in an unsanitary condition. V. Such person shall not display any animal whose appearance is or may be offensive or contrary to public decency. W. Such person shall not allow any animal to constitute or cause a hazard, or be a menace to the health, peace or safety of the community. X. Such person shall not violate any condition imposed by the director on any license issued by the department. 10.40.040 Dog kennels -- Records required for each animal. A. The holder of a dog kennel license shall keep available for inspection, on the premises, a record that shall show: 1. The name, current address and telephone number of the owner of each animal kept at the kennel; 2. The date such animal entered the kennel; 3. The reason for such animal being at the kennel, such as for boarding, sale, breeding or grooming; 4. The description of the animal, including its age, breed, sex and color. B. As a part of such record, a current, valid rabies certificate shall be maintained for every dog over four months of age so long as such dog is kept at the kennel. 10.72.040 Violation -- Penalty. (Animal Disease Reports) Any person, firm or corporation who violates any of the provisions of this chapter shall be guilty of a misdemeanor. 10.76.050 Violation deemed misdemeanor. (Apiaries) Every person violating any provision of this chapter is guilty of a misdemeanor. 10.80.020 Violation -- Penalty. (Dogs in Open Vehicles) Violation of any provision of this chapter is a misdemeanor. 10.84.030 Violation -- Penalty. (Feeding of Certain Predator Animals) A violation of any provision of this chapter shall be an infraction. 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 in any way interfere with any dog being used in a police function by law enforcement officers." - 5 - SECTION 4: Section 8 -3 of the Lynwood Municipal Code, is hereby amended to read as follows: "In the event any provision of Title 10 of the Los Angeles County Code referenced above conflicts with any provision of the Lynwood Municipal Code now or hereinafter enacted, the provision of the Municipal Code shall prevail over the conflicting County Code provision. SECTION 5. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance is held invalid, such decision shall not affect the remaining portions of this ordinance. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase may be declared invalid. SECTION 6. This ordinance shall take effect thirty (30) days after its final passage and within fifteen (15) days after its passage, the City Clerk shall cause it to be published in a local newspaper of general circulation in the City of Lynwood and hereby designated for that purpose. PASSED, APPROVED and ADOPTED this 2nd day of Nov. , 2004. ATTEST: Ot Andrea Hooper, City Clerk APPROVED AS TO FORM: J. Arnoldo Beltran, City Attorney M Louis Byrd, Mayor STATE OF CALIFORNIA ) )SS COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk for the City of Lynwood, do hereby certify that the foregoing Ordinance was passed and adopted by the City Council of the City of Lynwood at a regular meeting held on the 2nd day of November , 2004. AYES: COUNCILMEN PEDROZA, RODRIGUEZ, SANTILLAN, VASQUEZ AND BYRD NOES: NONE ABSENT: NONE ABSTAIN: NONE STATE OF CALIFORNIA ) )SS COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, and Clerk of the City Council of said City, do hereby certify that the above and foregoing is a full, true and correct copy of Ordinance No. 1558 on file in my office and that said ordinance was adopted on the date and by the vote therein stated. Dated this 2nd day of November 2004. City Clerk, City of Lynwood