Chapter 8.04 — ANIMALS AND POUND

2. For statutory provisions pertaining generally to impoundment and charges for feeding and keeping impounded animals, see Penal Code §§ 597f and 599a; see also, Food and Agric. Code § 400.

This chapter shall be known as and may be cited and referred to as, the animal control ordinance and is sometimes referred to within this chapter as "this ordinance."

(Ord. 255 §1(part), 1978).

For the purpose of this chapter, unless it is plainly evident from the context that a different meaning is intended, certain terms used in this chapter are defined as follows:

(1)

"Animal" includes any beast, poultry, bird, reptile, fish or any other dumb animal.

(2)

"At large" means an animal off the premises of its owner unless such animal be securely confined by a strong leash securely and continuously held by the owner of such animal, or confined within an automobile.

(3)

"Cat" means any cat of any age, including female as well as male.

(4)

"Cat kennel" means any lot, building, structure, enclosure, or premises whereupon or wherein four or more cats, over four months of age, are kept or maintained for any purpose, including places where cats are boarded, kept for sale, or kept for hire.

(5)

"Dog" includes female as well as male dogs.

(6)

"Dog kennel" means any lot, building, structure, enclosure, or premises whereupon, or wherein four or more dogs, over four months of age, are kept or maintained for any purpose, including places where dogs are boarded, kept for sale, or kept for hire.

(7)

"Horse" includes mule, burro, pony, jack, hinny or jenny.

(8)

"Impounded" means if any animal pursuant to this chapter or any state statute has been received into the custody of any animal shelter, such animal will have been "impounded" as that word is used in this chapter.

(9)

"Owner" means any person, firm or corporation owning, having an interest in, or having control or custody or possession of an interest in, or having control or custody or possession of any animal.

(10)

"Person" includes any firm, partnership, corporation, trust or association or person.

(11)

"Pet shop" means any place of business where dogs, under four months of age, or cats, monkey, birds, reptiles, fish, or any other animal to be used as pets, are kept for sale.

(12)

"Unlicensed dog" means any dog for which the license for the current year has not been paid, or to which the tag for the current year provided for in this chapter is not attached.

(13)

"Wild specie" means any wild, exotic, dangerous or nondomestic animal, including but not limited to mammals, fowl, fish or reptiles.

(Ord. 255 §1(part), 1978).

The office of the chief animal control officer is established. The chief animal control officer may be either a person, firm, association, corporation, another municipality, joint powers authority, or the county of Los Angeles, as determined by the city council. The chief animal control officer shall serve for such period of time and shall receive such compensation as shall be established by ordinance, resolution or by contract executed by the city council. The chief animal control officer is authorized and directed to perform, in conjunction with and under the supervision of the city administrator, the powers and duties bestowed upon and required to be performed in this chapter by said chief animal control officer.

(Ord. 255 §1(part), 1978).

Whenever a power is granted to or a duty is imposed upon the chief animal control officer or other public officer, the power may be exercised or the duty may be performed by a deputy of the officer or by a person authorized, pursuant to law, by the officer, unless this chapter expressly provides otherwise.

(Ord. 255 §1(part), 1978).

Pursuant to the provisions of Penal Code §836.5(d), the animal control officer appointed pursuant to the provisions of Section 8.04.030 shall have the authority set forth in Penal Code §836.5(a), but only with respect to the enforcement of this title. The animal control officer shall not use firearms in the performance of his duties.

(Ord. 255 §1(part), 1978).

The chief animal control officer, when so contracted for, shall be vested with the powers and duties of a license inspector and shall have the power to collect the license fees and to issue the animal licenses and tags prescribed herein.

(Ord. 255 §1(part), 1978).

It is made the duty of the chief animal control officer to enforce any other sections of this chapter whether enumerated as a duty or not.

(Ord. 255 §1(part), 1978).

No person shall rescue or attempt to rescue any animal mentioned in this chapter from the possession of the chief animal control officer nor interfere with the chief animal control officer or his deputies, in the performance of their official duties.

(Ord. 255 §1(part), 1978).

The chief animal control officer, any officer or employee thereof or other duly designated representative of the city, or police officer shall have the right to make an inspection to enforce the provisions of this chapter or other applicable law by entering into any building or upon any property within the city when said person has reasonable cause to believe that there exists in any building and/or upon any property any violation of the provision of this chapter or other applicable law; provided that;

(1)

If such building and/or property be occupied, he shall first present proper credentials to the occupant and request entry explaining his reasons therefor; and if such building and/or property be 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 said building or upon said property be refused, the chief animal control officer, any officer or employee or other duly designated representative of the city, or any police officer shall obtain an inspection warrant pursuant or the provisions of the Code of Civil Procedure §1822.50—1822.57, for the entry and inspection of said building and/or said property;

(3)

Notwithstanding the foregoing, if the chief animal control officer, any officer or employee thereof, or other duly designated representative of the city, or any police officer has reasonable cause to believe that the keeping or the maintaining of any animal is hazardous, 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 be 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.

This section shall not prohibit the chief animal control officer, any officer or employee thereof, or any police officer from entering upon any public or private property in the city for the purpose of capturing an animal running at large in violation of this chapter or other applicable law. Any person who denies or prevents, obstructs, or attempts to deny, prevent, or obstruct said capture is guilty of a misdemeanor.

(Ord. 255 §1(part), 1978).

No person shall fail or refuse to exhibit the registration of any animal required to be licensed by this chapter when required to do so by said animal control officer or any police officer. A violation of this section is an infraction, and upon a conviction thereof shall be punishable by a fine not to exceed two hundred and fifty dollars.

(Ord. 255 §1(part), 1978).

There shall be provided by the city or by the chief animal control officer, upon such terms and conditions as shall be named in a contract executed by and between the chief animal control officer and the legislative body of the city, a suitable building or enclosure to keep and safely hold all animals enumerated in this chapter which are subject to be impounded, which shall be known and designated as the "animal shelter."

(Ord. 255 §1(part), 1978).

Chapter 10.36 of Division 1, Title 10 of the Los Angeles County Code is hereby adopted by reference.

(Ord. 428 § 1, 1989).

(a)

Sections 10.36.150 and 10.36.190 of the Los Angeles County Code are repealed.

(b)

Sections 10.36.180 and 10.36.250 of the Los Angeles County Code are revised, respectively, to read as follows:

The estimated cost of impounding, feeding and caring for rabbits, birds, poultry, fowls, livestock or other animals not otherwise provided for in Division 1 shall be collected.

Any purchaser of a dog or cat, other than at auction, within 7 days after such purchase (excluding 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 less than the price paid for the original dog or cat.

(Ord. 446 § 1, 1991).

In the event of any conflicts or inconsistencies between the provisions of the Los Angeles County Code and the provisions of this chapter, the provisions of this chapter shall prevail.

(Ord. 446 § 2, 1991).

When any animal is impounded, it shall be provided, during impoundment, with proper and sufficient food and water by the chief animal control officer.

(Ord. 255 § 1(part), 1978).

The amounts of any fees or license taxes, payable pursuant to this chapter, shall be prescribed and set forth in a resolution to be approved and adopted by the city council. Said resolution may be amended from time to time by the city council. In the event that any fee, license tax or charge payable pursuant to this chapter has not been established by resolution of the city council, such fee, license tax or charge shall be in the amount then being charged by the county of Los Angeles to persons in the unincorporated areas of the county under like circumstances.

(Ord. 446 § 3, 1991: Ord. 255 § 1(part), 1978)

No person owning, having interest in, or having control, custody or possession of any dog shall fail, neglect or refuse to license and register such dog if over four months of age, in compliance with the terms of this chapter. A violation of this section is an infraction, and upon a conviction thereof shall be punished by a fine not to exceed two hundred and fifty dollars.

(Ord. 255 § 1(part), 1978).

No dog license is transferable.

(Ord. 255 § 1(part), 1978).

The chief animal control officer of the city, when so contracted for, is authorized and directed to procure each year, such number of license certificates and tags as may be sufficient for use during the year, with the year plainly inscribed thereon.

(Ord. 255 §1(part), 1978).

A metallic tag and license certificate with corresponding numbers shall be furnished by the city clerk or designated representative or contractual agent of the city as designated for the city, to any person required by this chapter to obtain a license, upon payment of the appropriate license or tag fee.

The issuer of said tags and license certificates shall keep a record of the name, address and telephone number of the owner of the dog or person making payment of said license fee, and to whom a certificate and tag shall have issued, and the number and date of such certificate. Such metal tag issued for the current license year shall be securely fastened to the collar or harness of the dog and shall be worn by such dog at all times other than those periods when confined to the owner's house, enclosed yard or pen. A duplicate of a lost license tag may be procured from said issuer upon proof of loss and payment of the prescribed fee.

(Ord. 255 §1(part), 1978).

Every person owning or having custody or control of any dog or dogs over the age of four months within the city shall first obtain an annual license from the city clerk or designated representative or contractual agent of the city as designated for the city, for each such dog, and at the same time obtain a dog license tag, and for such license or licenses shall pay fees in an amount set forth by city council resolution.

Original license fees shall be due and payable within thirty days after any dog is acquired and comes into the care, custody and control of any person in said city.

Renewal license fee shall be due and payable on July 1st of each year, commencing July 1, 1978.

(Ord. 255 §1(part), 1978).

Any person who fails to pay the required dog license fee within thirty days of the time required by Section 8.04.210 shall pay, in addition to said license fee, a penalty fee of fifty percent of the original or renewal license fee.

(Ord. 255 §1(part), 1978).

A dog tag fee, in an amount established by city council resolution, in lieu of a license fee, shall be required for the following:

(1)

Seeing Eye dogs;

(2)

Dogs honorably discharged from the armed forces of the United States;

(3)

Any dog wearing or having attached to it a license tag for the current year issued by the county or any municipality within Los Angeles County when the owner thereof has within the one year last past, moved his principal place of residence from the county or a municipality within said county, to the city of Commerce; provided, that the county and/or the municipality therein, similarly exempts from license requirements dogs wearing current city of Commerce license tags and owned by persons who have moved from the city of Commerce to the county of Los Angeles or a municipality therein.

(Ord. 255 §1(part), 1978).

In order to provide a method of identifying cats, a license may be obtained. The fee for such license shall be determined from time to time by the city council. This section shall not require the licensing of cats, but merely provides for their optional licensing.

(Ord. 255 §1(part), 1978).

No person shall fail or refuse to show the chief animal control officer or any police officer the license and the tag for any duly registered dog kept or remaining within any home or upon any enclosed premises under his immediate control. A violation of this section is an infraction, and upon a conviction thereof shall be punishable by a fine not to exceed two hundred and fifty dollars.

(Ord. 255 §1(part), 1978).

No unauthorized person shall remove from any dog any collar, harness or other device to which is attached a registration tag for the current year or to remove such tag therefrom. A violation of this section is an infraction, and upon conviction thereof shall be punishable by a fine not to exceed two hundred and fifty dollars.

(Ord. 255 §1(part), 1978).

No person shall imitate or counterfeit the tags in this chapter provided for, or shall use any imitation or counterfeit of such tags.

(Ord. 255 §1(part), 1978).

No person owning, having an interest in, harboring or having charge, care, control, custody or possession of any dog shall cause or permit such dog to be off the premises of its owner, unless such dog is securely confined by a strong leash of not exceeding six feet, securely and continuously held by a competent person owning, having an interest in, harboring or having charge, care, control, custody or possession of such dog, or unless such dog be confined within an automobile. A violation of this section is an infraction, and upon a conviction thereof of shall be punishable pursuant to the provisions of Section 1.12.011.

(Ord. 303 §4, 1981; Ord. 255 §1(part), 1978).

It shall be the duty of the chief animal control officer and of any peace officer of this city, to take up all dogs found in violation of Section 8.04.280. When such dog is taken up, it shall be delivered to the chief animal control officer. All such dogs shall be impounded in the animal shelter.

(Ord. 255 §1(part), 1978).

Every person keeping, harboring or having a dog over the age of four months in the city shall cause such dog to be vaccinated with a type of rabies vaccine approved by the State Department of Public Health within a period of thirty days from the date such dog was harbored, kept or had within city, or within thirty days from the date the said dog attains the age of four months; provided, however, that the aforesaid provisions shall not apply so as to require the vaccination of any dog which has been vaccinated with an approved vaccine by a person licensed by the state, or by any other state or nation, to practice veterinary medicine where such vaccination has been completed within the period of time as hereinafter prescribed in this section.

If chick embryo vaccine was used in such vaccination, it must have been completed within thirty months or if the tissue-type vaccine was used, it must have been completed within one year prior to the date such dog was first kept, harbored or brought into the city.

(Ord. 255 §1(part), 1978).

Every person keeping, harboring or having in the city a dog which has been vaccinated with chick embryo vaccine shall cause such dog to be revaccinated within a period of not more than two years, or which has been vaccinated with a tissue-type vaccine shall cause the dog to be revaccinated within a period of not more than one year.

(Ord. 255 §1(part), 1978).

Each person keeping, harboring or having in the city any dog required by this chapter to be vaccinated shall at all times while such dog is thus kept, harbored, or had, have in his possession a certificate issued by a person licensed by the state or any other state or nation to practice veterinary medicine, which certificate shall specify that such dog has been vaccinated in accordance with the provisions of Sections 8.04.310 and 8.04.320.

(Ord. 255 §1(part), 1978).

Every person applying for a dog license must exhibit a certificate issued by a person licensed by the state to practice veterinary medicine, which certificate shall show the dog for which the license shall be issued, either:

(1)

Has been vaccinated in accordance with the provisions of Sections 8.04.310 and 8.04.320; or

(2)

Should not be so vaccinated by reason of age, infirmity or other disability. Such exemption shall be valid for a period not to exceed one year. A license for any dog shall not be issued unless and until either such certificate is exhibited.

(Ord. 255 §1(part), 1978).

At the time a dog license is issued, it shall be stamped with the date of vaccination and the type of vaccine used as shown on said certificate, or there shall be a vaccination tag containing such information issued by the veterinarian at the time of such vaccination.

(Ord. 255 §1(part), 1978).

Officers or persons capturing dogs under the provisions of Sections 8.04.290 and 8.04.300 shall separately confine such dogs captured by them in some safe place, and shall report the capture to the health officer of the city or his deputies or the chief animal control officer or his deputies and shall submit such dog to the examination of the health officer of the city or his deputies, or the chief animal control officer, or his deputies, and it shall be the duty of the health officer or the chief animal control officer when called upon to examine or have examined such dog, and to ascertain whether or not such dog is infected with rabies. Dogs captured under said sections shall not be killed, but shall be kept in confinement until the health officer or his deputies or the chief animal control officer or his deputies shall find that further observation of the animal is not necessary for the determination of the presence of rabies, or absence of rabies.

(Ord. 255 §1(part), 1978).

control officer or his deputies regarding rabid dog.

It is unlawful for any person having knowledge of the whereabouts of an animal known to have or suspected of having rabies or has shown symptoms of rabies to fail, refuse or neglect to immediately notify the health officer of the city or his deputies or the chief animal control officer or his deputies, or to fail, refuse or neglect to allow the health officer or his deputies or the chief animal control officer or his deputies to make an inspection or examination of such animal until it shall be established to the satisfaction of said official that such animal has or has not rabies. The health officer or his deputies or the chief animal control officer or his deputies shall likewise be notified of any person bitten by an animal of a species subject to rabies, whether or not the animal is suspected of having rabies.

(Ord. 255 §1(part), 1978).

Whenever any person having charge, care, control, custody or possession of any dog has knowledge that such dog has bitten any person, the person having charge, care, control, custody or possession of such dog shall report said fact in writing forthwith to the chief animal control officer, his deputy, or a peace officer. The report shall state the name and address of the person bitten and the time and place such person was bitten.

(Ord. 255 §1(part), 1978).

No person shall keep or maintain or suffer or permit to be kept or maintained upon any premises owned or controlled by him or it, any dog, male or female, kept mainly for breeding purposes, except within properly zoned property, and then only in an approved kennel.

Any violation of this section is an infraction and upon a conviction thereof shall be punishable by a fine not to exceed two hundred and fifty dollars.

(Ord. 255 §1(part), 1978).

No person shall keep or maintain or suffer or permit to be kept or maintained upon any premises owned or controlled by him, any cat, male or female, kept mainly for breeding purposes, except within properly zoned property, and then only in an approved kennel.

Any violation of this section is an infraction, and upon a conviction thereof shall be punishable by a fine not to exceed two hundred and fifty dollars.

(Ord. 255 §1(part), 1978).

Any person owning or having control, custody, charge or possession of any cat or dog for breeding purposes shall secure a cat or dog breeding permit from the chief animal control officer or his or her authorized representative. The fee for such cat or dog breeding permit shall be as set forth by city council resolution. Any kitten or puppy sold from a litter for a profit over and above the cost of advertising, if any, shall be prima facie evidence of cat or dog breeding.

(Ord. 255 §1(part), 1978).

No owner or person having charge, custody or control of any dog shall permit, either wilfully or through failure to exercise due care to control, any such dog to defecate and to allow such feces thereafter to remain on any public sidewalk or park or any other public property, or any improved private property other than that of the owner or person who has custody or control of such dog; provided, however, that the foregoing shall not apply to public or private street gutters. A violation of this section is an infraction, and upon conviction thereof, shall be punishable by a fine not to exceed two hundred and fifty dollars.

(Ord. 255 §1(part), 1978).

It is declared to be a nuisance, and it is unlawful for any person to keep own and/or maintain the following animals within the city limits:

(1)

Oxen, steers, bulls, cows, horses, colts, mules, sheep, goats, hogs or similar animals;

(2)

Roosters;

(3)

Pigs, pot belly pigs, swine, piglets; or

(4)

Wild species as defined in this chapter.

(Ord. 576 §1, 2004: Ord. 255 §1(part), 1978).

(a)

It is declared to be a nuisance, and it is unlawful for any person to keep, own and/or control hens, chickens, geese, ducks, turkeys, pheasants, doves, pigeons, squabs or similar fowls or rabbits, within fifty feet of any street line or within twenty-five feet of any property line, or within twenty-five feet of any dwelling house or structure used as a dwelling, church, school, hospital or place where food products are kept,

stored, manufactured or served to the public. A violation of this section is an infraction, and upon conviction thereof shall be punishable by a fine not to exceed two hundred fifty dollars.

(b)

No person shall keep or maintain more than a total of five live fowls or rabbits on any lot or parcel within the city.

(Ord. 576 §2, 2004: Ord. 255 §1(part), 1978).

No person shall dye, color, or otherwise artificially treat any rabbit, baby chick, duckling or other fowl. A violation of this section is an infraction, and upon conviction, shall be punishable by a fine not to exceed two hundred and fifty dollars.

(Ord. 255 §1(part), 1978).

No person shall display, sell, offer for sale, barter to give away any rabbit, baby chick, duckling or other fowl. A violation of this section is an infraction, and upon conviction thereof, shall be punishable by a fine not to exceed two hundred and fifty dollars.

(Ord. 255 §1(part), 1978).

No person owning or having control of any monkey, ape, chimpanzee or other animal of the monkey type, shall permit, allow or suffer such animal to run at large within the city, or permit, allow or suffer such animal to be or go upon a street or public place within the city without having such animal securely fastened by an adequate chain or rope, firmly held by or attached to a competent person.

Such animal shall be deemed and considered as running at large, within the meaning of the expression as used in this chapter, when not confined within an enclosure or when not securely tied or chained. A violation of this section is a misdemeanor.

(Ord. 255 §1(part), 1978).

No person shall keep or maintain, or suffer or permit to be kept or maintained, upon premises owned or controlled by him or it in the city, a hive of bees. This section shall not apply to the keeping of bees within an educational institution for study or observation, or within a physician's office or laboratory for medical research, treatment or other scientific purposes, provided they are not permitted to fly at large.

A violation of this section is an infraction, and upon a conviction thereof shall be punishable by a fine not to exceed two hundred and fifty dollars.

(Ord. 255 §1(part), 1978).

No person shall, within the city, wilfully slaughter or cause to be slaughtered any cattle, calf, horse, mule, sheep, swine or goat. This section shall not apply to the slaughter of such animals within an educational institution, physician's office or laboratory for medical research or other scientific purposes, to the slaughter of such animals by a person licensed by the state to practice veterinary medicine or by any commercial establishment duly licensed by the city and the U.S. Department of Agricultural as a slaughterhouse.

A violation of this section is an infraction, and upon conviction thereof, shall be punishable by a fine not to exceed two hundred and fifty dollars.

(Ord. 255 §1(part), 1978).

No person owning or having charge, custody, control or possession of any animal or reptile known by such person to be vicious or dangerous, or commonly so known, or owning or having charge, custody, control or possession of any elephant, bear, hippopotamus, rhinoceros, lion, tiger, leopard, wolf, monkey, ape, chimpanzee, bobcat, lynx, wildcat, puma, cheetah or any animal commonly referred to as a "wild species" or any poisonous reptile, shall permit or allow the same to be at large upon any highway, street, lane, alley, court, or other public place or upon any private property other than within the enclosed premises of such person.

(Ord. 407 §1, 1987; Ord. 255 §1(part), 1978).

No person owning or having charge, custody, control or possession of any animal, reptile or serpent described in Section 8.04.580, shall allow such animal, reptile or serpent within the enclosed premises of such person unless and until he has first secured a permit to do so and complies with all terms and conditions of such permit and, in addition thereto, such animal, reptile or serpent shall at all times be so confined, controlled and restrained in such manner so the life, limb or property of any person lawfully entering such premises shall not be endangered.

(Ord. 255 §1(part), 1978).

Except as provided in this chapter no person shall have, keep, maintain or have in his possession or under his control within the city any animal or reptile described in Section 8.04.580 without first applying to and receiving a permit from the chief animal control officer, or his authorized representative, to do so.

(Ord. 255 §1(part), 1978).

Any person dissatisfied with the ruling of the chief animal control officer, may, within ten days thereafter, appeal from said decision to the city council. Such appeal shall be a simple statement in writing setting forth in common terms the basis of said appeal.

An appeal fee, as prescribed by city council resolution, shall be required for each appeal to the city council. No appeal shall be placed on the agenda of any meeting of the city council until such fee has been paid.

(Ord. 255 §1(part), 1978).

No permit shall be granted except with such conditions attached as shall, in the opinion of the person or agency providing such permit, reasonably insure the public health, safety and general welfare, and no permit shall be granted in any event for any animal, reptile or serpent at any particular location except upon an explicit finding by the person or agency approving such permit that the issuance thereof will not be contrary to the public health, safety and general welfare.

(Ord. 255 §1(part), 1978).

The chief animal control officer may, following application for a permit and pending final disposition of the same, grant a temporary permit for the maintenance within the city of any such animal or reptile upon such conditions as he shall, in his sole discretion, require when, in his opinion, there is no reasonable doubt as to the consistency thereof with the public health, safety and general welfare, but no animal or reptile shall be otherwise kept or maintained within the city or permitted to occupy any premises within the city except while such a regular or temporary permit is in full force and effect.

(Ord. 255 §1(part), 1978).

The chief animal control officer, or his authorized deputy, shall take possession of any animal or reptile described under Section 8.04.580 within the city for which a permit has not been issued and keep the same until the proper permit has been secured by the owner thereof and shall release the same to the owner when all fees and costs have been paid and all laws and permit conditions complied with. If the owner is unable to redeem the animal or reptile, or the owner cannot be ascertained by the chief animal control officer, the animal or reptile may be disposed of in accordance with Section 8.04.440.

(Ord. 255 §1(part), 1978).

An application for any permit required pursuant to this chapter shall be made to the chief animal control officer in writing and upon a form furnished by the chief animal control officer if so required. Said application shall be verified by the person who desires to have, keep, maintain or have in his possession, or under his control, in the city, the animal or reptile for which a permit is required, and shall set forth the following:

(1)

Name, address and telephone number of the applicant;

(2)

The applicant's interest in such animal or reptile;

(3)

The proposed location, and the name, address and telephone number of such location, and of the lessee, if any;

(4)

The number and general description of all animals or reptiles for which the permit is sought;

(5)

Any information known to the applicant concerning vicious or dangerous propensities of all such animals or reptiles;

(6)

The housing arrangements for all such animals or reptiles with particular details as to safety or structure, locks, fencing, etc.;

(7)

Safety precautions;

(8)

Noises or odors anticipated in the keeping of such animals or reptiles;

(9)

Prior history of incidents involving the public health or safety involving any of said animals or reptiles;

(10)

Any additional information required by the chief animal control officer at the time of filing such application or thereafter.

(Ord. 255 §1(part), 1978).

Copies of any application for permit under this chapter shall be sent by the chief animal control officer to the law enforcement agency, planning department, and to any other department or agency from which information is sought, and no permit shall be granted without receipt of a report from the departments or agencies to which copies of the application have been sent, unless waived by the city administrator for good cause.

(Ord. 255 §1(part), 1978).

The permit requirements of this chapter shall not apply to any person so keeping or maintaining or having in his possession or control any animal or reptile defined in Section 8.04.580 when such person is transporting such animal or reptile through the city, has taken adequate safeguards to protect the public, and has notified the local law enforcement agency and the chief animal control officer of the proposed route of transportation and time thereof.

(Ord. 255 §1(part), 1978).

The fee for a permit application shall be as prescribed by city council resolution for one wild or dangerous animal plus an additional fee for two or more wild or dangerous animals. Said fee shall be payable to the chief animal control officer at the time of filing the permit application. Accretions by natural birth shall not require additional permits during the period of a valid permit. Said fees are not refundable regardless of whether or not any permit is issued.

(Ord. 255 §1(part), 1978).

Commercial establishments possessing any animals or reptiles defined in Section 8.04.580 for the purpose of sale or display may replace the same with others of the same kind, but the number of each shall not be in excess of the number thereof allowed by by the terms of such permit. Such establishments may, in the discretion of the approving agency, be granted a permit for those such numbers of each kind of animal or reptile as do not exceed the maximum such establishment estimates will be maintained by it in the city at any one time during the period of the permit. Such permit shall require the immediate notification of the chief animal control officer upon the acquisition of any animal or reptile having prior history of any incident involving the public health or safety, or resulting in any bodily injury or property damage.

(Ord. 255 §1(part), 1978).

No permit required by this chapter shall be granted for a period in excess of one year. An application for renewal of any permit shall be made not less than forty-five days prior to the expiration thereof, and shall be accompanied by the same fee as required upon making the original application.

(Ord. 255 §1(part), 1978).

The chief animal control officer, may, for good cause, revoke any permit or modify any terms or provisions thereof, except such permits which have been approved by the planning commission or city council, after informal public hearing, and may in the event it is reasonably necessary to protect against an immediate threat or danger to the public health or safety, suspend any permit or portion thereof without hearing for a period not to exceed thirty days.

(Ord. 255 §1(part), 1978).

Any person aggrieved by such action may, upon payment of an appeal fee as prescribed by city council resolution, have such action reviewed by the city council, but the filing of an appeal shall not stay any order of suspension.

(Ord. 255 §1(part), 1978).

Every person owning or occupying premises where any animal, fowl, or bird is kept shall keep the stable, barn, stall, pen, coop, building or place in which said animal is kept in a clean and sanitary condition.

(Ord. 255 §1(part), 1978).

Every person owning or operating any veterinary hospital or other establishment for the treatment of animals, shall give written notice to the owner of any such animal left in such hospital or institution for treatment, of the death of such animal, provided the name and address of the owner has been filed in the office of the veterinary hospital or other institution.

(Ord. 255 §1(part), 1978).

Every person owning or operating any veterinary hospital or other establishment for the treatment of animals shall hold any animal which dies therein for a period of twelve hours after written notification of the death of such animal has been sent to the owner thereof.

(Ord. 255 §1(part), 1978).

It is declared to be a nuisance and no person shall cause, suffer or permit the carcass of any animal to remain upon any lot, premises or place owned, controlled or occupied by him or it, for a period of more than twenty-four hours, or to bury the carcass of any animal upon any premises owned, controlled or occupied by him or in the city.

(Ord. 255 §1(part), 1978).

Every person owning or occupying premises where manure from any horse, pony, mule, cow, pigeon, fowl, rabbit or other animal accumulates shall provide for the removal of such manure daily. Unless all manure accumulated on any premises be removed daily, boxes, bins or receptacles of a design and construction acceptable to the health officer of the city or the chief animal control officer shall be provided by the owner or occupant of such premises, and such boxes, bins or receptacles shall be used only for the purpose of

containing the accumulation of manure, which shall be placed therein or removed therefrom, and in no instance shall manure be so placed in such boxes or receptacles in such a manner as to prevent the tight closing of the lid; provided, however, that nothing contained in this section shall apply to manure which is spread as fertilizer over or around cultivated plants, vines, vegetables, lawns, bushes or trees, or to manure kept by any nursery for commercial fertilizer purposes, unless such manure creates a nuisance either from fly breeding or excessive obnoxious odors. Said boxes, bins, or receptacles shall be constructed of brick, stone, concrete, metal or wood lined with metal or other sound material, and shall be proof against access to the contents thereof by flies. The contents of said boxes, bins or receptacles shall be removed once a week.

(Ord. 255 §1(part), 1978).

manure bins cleaned and disinfected.

No person who is ordered by the health officer of the city or chief animal control officer to clean or disinfect any stable, barn, corral, stall, pen, coop, building, or place in which any horse, pony, mule, cow, fowl, bird or other animal is kept, or who is ordered by such officer to clean or disinfect any box, bin or receptacle used for the accumulation of manure shall fail, neglect or refuse to clean and disinfect such stable, barn, corral, stall, pen, coop, building place, box, bin or receptacle.

(Ord. 255 §1(part), 1978).

No person shall bring any dog, cat or other live animal, or permit any dog, cat or other live animal to be brought into or to remain in any room or place, other than a private home where food is not handled for commercial purposes, in which meat, fish, game, poultry, fruit, vegetables, bakery goods or any other food or food product is stored, kept, held, prepared, exposed or offered for sale, or sold for human consumption; or permit any dog, cat or other live animal to ride upon or get into or upon any wagon, or other vehicle in which any such articles offered or to be offered for sale for human consumption are being kept or transported; provided, however, that the provisions of this section shall not apply to a dog trained to guide the blind.

A violation of this section is an infraction and upon a conviction thereof shall be punishable by a fine not to exceed two hundred and fifty dollars.

(Ord. 255 §1(part), 1978).

No person shall transport any animal on the running board of any motor vehicle or outside the passenger compartment, tonneau or body thereof, unless such animal is protected by a frame work or other device which will prevent such animal from falling off, jumping or being thrown from such motor vehicle whether in motion or not.

A violation of this section is an infraction, and upon a conviction thereof shall be punishable by a fine, not to exceed two hundred and fifty dollars.

(Ord. 255 §1(part), 1978).

The amount of any license or permit fees imposed by this chapter, and by a city council resolution, shall be deemed a debt to the city and any person keeping any animal without having obtained a license or permit and registration certificate from the city shall be liable to an action in the name of the city in any court of competent jurisdiction for the amount of the license fees and penalties imposed and required by this chapter to be paid for the privilege of keeping such animal and it shall be the duty of the chief animal control officer to cause a complaint to be filed against any person violating any of the provisions of this chapter. Such action shall be cumulative and shall not be deemed a bar to, or a waiver of, the right of the city to prosecute any person for a violation of any applicable provisions of this chapter.

(Ord. 255 §1(part), 1978).

No person shall keep any animal which is known or believed by him to be infected with any dangerous or communicable disease, or which is afflicted with any painful disease believed by him to be incurable, without a permit to do so from the health officer of the city.

(Ord. 255 §1(part), 1978).

Whenever it is suspected that any animal shall have been bitten by another animal having, or suspected of having rabies, all rules and regulations under this chapter shall apply where applicable substituting the word "animal" for "dog."

(Ord. 255 §1(part), 1978).

It is declared to be a nuisance, and no person shall keep, maintain or permit upon any lot or parcel of land within the city under his control, any animal or animals, including any fowl or fowls, which by any sound, or cry, emit excessive or night time noise, which interferes with the comfortable enjoyment of life or property in the neighborhood. A violation of this section is an infraction, and upon a conviction shall be punishable by a fine not to exceed two hundred and fifty dollars.

(Ord. 255 §1(part), 1978).

No person shall drive or ride any horse or other animal upon any public highway or thoroughfare, within the city, immoderately or beyond a moderate gait, or in such a manner as to endanger the safety of persons on such highways or thoroughfares.

(Ord. 255 §1(part), 1978).

No person shall set or use any spring steel trap, No. 1 or larger, in the city. This section shall not, however, prohibit the use of gopher traps.

(Ord. 255 §1(part), 1978).

Whenever any reference is made to any portion of this chapter, such reference applies to all amendments and additions thereto now or hereafter made. The present tense includes the past and future tenses and the future, the present.

(Ord. 255 §1(part), 1978).

Unless other penalties are specifically provided for elsewhere in this chapter, any person, firm or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, punishable as provided in Section 1.12.010 of this code.

(Ord. 255 §1(part), 1978).