Diamond Bar Municipal Code Ch. 6.00 General Provisions

The following words, terms and phrases, when used in this title, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Animal means any animal, poultry, bird, reptile, fish or any other dumb creature.

Animal exhibition means any display containing one or more wild animals which are exposed to public view for entertainment, instruction or advertisement.

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.

Animal shelter means a place where all animals impounded by the city's agent are placed for their humane care and keeping.

Approved canine rabies vaccine means a canine rabies vaccine which is approved for use by the state department of health services.

Approved research institution means a research laboratory, hospital, college or university which research laboratory, hospital, college or university is:

(1) Nonprofit; and

(2) Conducting research under humane conditions for the good of mankind and for the increase of knowledge concerning the cause, cure, prevention or control of disease and the director of health services so finds and certifies in writing to the director requesting such certification.

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

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.

Director means the director of the agency authorized by the city to carry out the provisions in this title.

Dog means any dog of any age, including female as well as male.

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.

Grooming parlor means any place of business where animals are groomed, clipped, bathed or otherwise conditioned as pets and/or for show.

Guard dog means a dog rented by the owner to another person for guard duty.

Impounded means that an animal has been received into the custody of the director pursuant to the provisions of this title or any state statute.

Livestock means and includes all poultry and mammals, other than dogs and cats.

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 sale.

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 title, is not attached.

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.

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

(Ord. No. 14(1989), § 2(10.08.010—10.08.090, 10.08.110—10.08.170, 10.08.200, 10.08.230—10.08.250), 6-27-89; Ord. No. 03(2016), § 2, 2-2-16)

Cross reference— Definitions generally, § 1.00.070.

(a) Except as provided in subsection (b) of this section or otherwise in this title, 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 subsections 6.08.920, 6.08.950, 6.16.020, 6.16.140, 6.20.020, 6.20.070, 6.20.080, 6.08.630, 6.08.650(d), 6.00.050, 6.00.070, 6.00.080 and 6.08.020 of this title is a misdemeanor.

(c) The director and his/her deputies are empowered with the authority to issue citations for violation of any provisions of this chapter. The director and his/her deputies are authorized enforcement officials as defined in section 1.04.020.

(Ord. No. 14(1989), § 2(10.04.060), 6-27-89; Ord. No. 09(2012), § 1, 6-5-12; Ord. No. 03(2016), § 3, 2-2-16)

(a) Reserved.

(b) Rules and regulations. The dangerous animal appeals board may make rules and regulations which are not contrary to any other ordinance or law governing its own business and the proceedings before it.

(Ord. No. 14(1989), § 2(10.37.070, 10.37.080), 6-27-89; Ord. No. 02(2011), § 1, 2-1-11)

Each animal shelter authorized to receive and impound dogs under the provisions of this title, shall be kept open to the public for the transaction of business from 10:00 a.m. until 7:00 p.m. on each day of the week other than Saturdays, Sundays and holidays. On Saturdays and Sundays, the shelters shall be open to the public from 8:00 a.m. to 5:00 p.m.

(Ord. No. 14(1989), § 2(10.08.180), 6-27-89)

Every person, within the city, who owns any animal or who owns, conducts, manages or operates any animal establishment for which a license is required by this title, shall comply with each of the following conditions:

(1) 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.

(2) All animals shall be supplied with sufficient good and wholesome food and water as often as the feeding habits of the respective animals require.

(3) All animals and all animal buildings or enclosures shall be maintained in a clean and sanitary condition.

(4) All animals shall be so maintained as to eliminate excessive and nighttime noise.

(5) 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 city's agent, or the name, address and telephone number of the responsible person, shall be posted in a conspicuous place at the front of the property.

(6) Every reasonable precaution shall be used to ensure that animals are not teased, abused, mistreated, annoyed, tormented or in any manner made to suffer by any person or means.

(7) No condition shall be maintained or permitted that is or could be injurious to the animals.

(8) 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.

(9) 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.

(10) 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.

(11) 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.

(12) All animal rooms, cages, kennels and runs shall be of sufficient size to provide adequate and proper accommodations for the animals kept therein.

(13) Every violation of an applicable regulation shall be corrected within a reasonable time to be specified by the director.

(14) Such person shall provide proper shelter and protection from the weather at all times.

(15) Such person shall not give an animal any alcoholic beverage, unless prescribed by a veterinarian.

(16) 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.

(17) 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.

(18) 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.

(19) Such person shall not work, use or rent any animal which is overheated, weakened, exhausted, sick, injured, diseased, lame or otherwise unfit.

(20) Such person shall not allow any animal which the department has suspended from use to be worked or used until released by the department.

(21) Such person shall not display animals bearing evidence of malnutrition, ill health, unhealed injury or having been kept in an unsanitary condition.

(22) Such person shall not display any animal whose appearance is or may be offensive or contrary to public decency.

(23) 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.

(Ord. No. 14(1989), § 2(10.40.010), 6-27-89)

Any person who maintains, operates, leases, rents or lends space at a swap meet shall not permit, cause, display for, or promote the sale of live animals at such swap meet. The expression "live animal" as used in this section shall include, but is not limited to, dogs, cats, birds, fish, poultry, rabbits and livestock.

(Ord. No. 14(1989), § 2(10.40.015), 6-27-89)

(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; and

(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.

(Ord. No. 14(1989), § 2(10.40.040), 6-27-89)

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. No. 14(1989), § 2(10.40.050), 6-27-89)

(a) A person having custody of any dog or animal shall not permit, either willfully or through failure to exercise due care or control, any such dog or animal to commit any nuisance 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 of any theater, shop, store, office building or other building used in common by the public; or upon the floor or stairway of any depot or station or public waiting 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 willfully or through failure to exercise due care or control, any such dog or animal to commit any nuisance and to allow such nuisance to thereafter remain upon any public or private property not owned or possessed by the owner or person in control of the 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 or a physically disabled person who has charge or control of a service 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 or a physically disabled person who has charge or control of a service 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 possession a suitable wrapper, bag or container (other than articles of personal clothing) for the purpose of complying with the requirements of this section. Failure of such person to carry such wrapper, bag or container when in charge or control of a dog in a 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 nuisance committed by a dog or animal shall mean defecation by such animal.

(Ord. No. 14(1989), § 2(10.40.060), 6-27-89)

(a) Any animal which molests passersby or passing 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 an excessive, continuous or untimely fashion, shall be considered a public nuisance.

(b) Every person who maintains, permits or allows a public nuisance to exist upon his property or premises, and every person occupying or leasing the property or premises of another and who maintains, permits or allows a public nuisance as described in subsection (a) of this section to exist thereon, after reasonable notice in writing from the city's agent has been served upon such person to cease such nuisance, is guilty of a misdemeanor. The existence of such nuisance for each and every day after the service of such notice shall be deemed a separate and distinct offense.

(Ord. No. 14(1989), § 2(10.40.065), 6-27-89)

All wild animals shall be maintained in buildings, enclosed yards, paddocks or cages, as specified by the director, and such shall be kept at distances from adjacent buildings as specified in county ordinances.

(Ord. No. 14(1989), § 2(10.40.070), 6-27-89)

The provisions of this title shall not apply to any person keeping or maintaining in his possession or control any wild animal when such person is only transporting such animal through the county and has taken adequate safeguards to protect the public, and has notified the county sheriff's department and the director of the proposed route of transportation and time thereof.

(Ord. No. 14(1989), § 2(10.40.080), 6-27-89)

Any act or omission of any employee in caring for the animals is assumed to be an act or omission of the licensee.

(Ord. No. 14(1989), § 2(10.40.090), 6-27-89)

Each holder of a kennel or pet shop license within the authority of the county is required to provide the city's agent 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.

(Ord. No. 14(1989), § 2(10.40.100), 6-27-89)

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. No. 14(1989), § 2(10.12.161), 6-27-89)