Duarte Municipal Code Ch. 8.04 Animals and Pound

This chapter shall be known as and may be cited and referred to as, "the Animal Control Ordinance."

(Ord. 432 § 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 herein are defined as follows:

A. ANIMAL. "Animal" means any beast, poultry, bird, reptile, fish or any other dumb animal.

B. AT LARGE. "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.

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

D. CAT KENNEL. "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.

E. DOG. "Dog" includes female as well as male dogs.

F. DOG KENNEL. "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.

G. HORSE. "Horse" means any mule, burro, pony, jack, hinny or jenny.

H. IMPOUNDED. 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.

I. IMPOUNDING AGENCY. "Impounding agency" means the animal control officer of the city of Duarte, or any other agency designated by the city of Duarte for the purpose of impounding an animal taken into custody.

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

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

L. 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 sale.

M. UNLICENSED DOG. "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.

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

(Ord. 432 § 1 (part), 1978)

The office of the animal control officer is established. The animal control officer may be either a person, firm, association, corporation, another municipality, or the county of Los Angeles, as determined by the city council. The 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 animal control officer is authorized and directed to perform, in conjunction with and under the supervision of the city manager, the powers and duties herein bestowed upon and required to be performed by said animal control officer.

(Ord. 432 § 1 (part), 1978)

Whenever a power is granted to, or duty is imposed upon the 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. 432 § 1 (part), 1978)

(a) The animal control officer shall be vested with the necessary police powers and duties of a police officer for the exclusive purpose of enforcing the provisions of this chapter, and it shall be the duty of the animal control officer to issue citations for violations of any of the provisions of this chapter. The animal control officer shall enforce all of the laws of the city, county, and state relating to the care, treatment, impounding or other condition of animals, and to the prevention of cruelty to animals. The exercise of said police powers shall be under the direct supervision of the director of public safety.

(b) In accordance with the requirements of Penal Code Section 12031(c)(2), animal control officers acting in the course and scope of their employment are authorized to use and carry weapons in accordance with applicable federal and state statutes and local ordinances, and public safety department policies and procedures, as the foregoing are amended from time to time.

(Ord. 432 § 1 (part), 1978)

(Ord. No. 827, § 1, 2-22-2011)

The 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 animals licenses and tags prescribed herein.

(Ord. 432 § 1 (part), 1978)

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

(Ord. 432 § 1 (part), 1978)

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

(Ord. 432 § 1 (part), 1978)

The 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 provisions of this chapter or other applicable law; provided, that:

(a) If such building and/or property is occupied, he shall first present property credentials to the occupant and request entry, explaining his reasons therefor; and if such building and/or 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.

(b) If entry into said building or upon said property is refused, the animal control officer, any officer or employee thereof or other duly designated representative of the city, or any police officer shall obtain an inspection warrant pursuant to the provisions of the Code of Civil Procedure (Sec. 1822.50—1822.57), for the entry and inspection of said building and/or said property.

(c) Notwithstanding the foregoing, if the 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 so 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 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.

This section shall not prohibit the 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, prevents, obstructs, or attempts to deny, prevent or obstruct said capture is guilty of a misdemeanor.

(Ord. 432 § 1 (part), 1978)

No person shall fail or refuse to exhibit the registration of any animal required to be licensed by this code when required to do so by the animal control officer or any police officer.

(Ord. 432 § 1 (part), 1978)

There shall be provided by the city a suitable building or enclosure to keep and safely hold all animals herein enumerated which are subject to be impounded, which shall be known and designated as the "animal shelter."

(Ord. 432 § 1 (part), 1978)

It shall be the duty of the animal control officer to take up, impound and safely keep any of the animals enumerated in this chapter found running at large, staked, tied or being herded or pastured in any street, lane, alley, court, square, park, or other place belonging to or under the control of the city, or upon any private property in the city, contrary to the provisions of this chapter.

(Ord. 432 § 1 (part), 1978)

When any animal is impounded, it shall be provided, during impoundment, with proper and sufficient food and water, by the animal control officer or the impounding agency designated by the city.

(Ord. 432 § 1 (part), 1978)

The owner of any animal impounded shall have the right to reclaim the same, at any time prior to the sale thereof, upon payment to the city or the impounding agency of the costs and charges provided in this chapter for impounding and keeping said animals, and the obtaining of a license for unlicensed animals.

(Ord. 432 § 1 (part), 1978)

The city or impounding agency shall charge a fee established by resolution of the city council for the impounding of animals.

(Ord. 781 § 1 (part), 2006)

It shall be the duty of the animal control officer or the impounding agency to order the destruction of any animal lawfully taken into custody which, in the opinion of the animal control officer or the impounding agency, is infected with a dangerous or communicable disease, or which is in an incurably crippled condition, or which is adjudged by a written report of a licensed veterinarian to be afflicted with any painful, incurable disease.

(Ord. 432 § 1 (part), 1978)

No person owning, having an 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.

(Ord. 432 § 1 (part), 1978)

No dog license is transferable.

(Ord. 432 § 1 (part), 1978)

The 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. 432 § 1 (part), 1978)

A metallic tag and license certificate with corresponding numbers shall be furnished by the city, 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 prescribed in this chapter. The issuer of said tags and license certificates shall keep record of the name, address and telephone number of the owner of the dog or person making payment of the license fee, and to whom a certificate and tag has been 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 the issuer upon proof of loss and payment of one dollar.

(Ord. 432 § 1 (part), 1978)

(a) 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, 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 a fee established by resolution of the city council.

(b) Notwithstanding the provisions of this section, the annual license required shall be issued without charge to a person owning or having custody or control of a dog, provided that such person provides proof to the city that said person has attained the age of sixty-five years or older. The free license authorized by this section shall be subject to the following additional requirements:

(1) Only one free license shall be issued to any person during any calendar year. For the purpose of this subsection, husband and wife shall be considered to be one person.

(2) The free license shall be issued only for dogs which are either spayed or neutered.

(c) 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 the city.

(d) The dog license fee required shall be subject to proration, on a quarterly basis, based on the following dates:

(1) The date upon which the dog which is to be licensed reaches the age requiring the purchase of a license under this chapter;

(2) The date upon which the owner of the dog acquires said dog;

(3) The date upon which the owner of the dog moves his principle place of residence to the city.

(e) The applicant for such proration shall present proof satisfactory to the city with respect to the date claimed by the applicant to give rise to the right of proration under this section.

(f) Renewal license fees shall be due and payable on July 1st of each year, and shall be delinquent on August 1st of each year and thereafter subject to citation.

(Ord. 781 § 1 (part), 2006; Ord. 693 (part), 1992: Ord. 432 § 1 (part), 1978)

Any person who fails to pay the required dog license fee by September 1st of any year shall pay, in addition to said license fee, a penalty fee established by resolution of the city council.

(Ord. 781 § 1 (part), 2006; Ord. 693 (part), 1992: Ord. 447 § 1, 1978: Ord. 432 § 1 (part), 1978)

One-half of the license fee, as designated in Section 8.04.210, shall be required for the following:

(a) Seeing-eye dogs;

(b) Dogs honorably discharged from the armed forces of the United States;

(c) The provisions of this chapter do not require either tag or a license for the current year issued by the county of Los Angeles when the owner thereof has, within one year last past, moved to his principal place of residence from the unincorporated territory of the county to the city.

(Ord. 432 § 1 (part), 1978)

In order to provide a method for identifying cats, a license may be obtained. The fee for such license shall be established by resolution of the city council. These licenses shall be valid for the life of the cat. This section shall not require the licensing of cats, but merely provides for their optional licensing.

(Ord. 781 § 1 (part), 2006; Ord. 693 (part), 1992: Ord. 432 § 1 (part), 1978)

No person shall fail or refuse to show to the 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.

(Ord. 432 § 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 remove such tag therefrom.

(Ord. 432 § 1 (part), 1978)

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

(Ord. 432 § 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, unless such dog be confined within an automobile.

(Ord. 432 § 1 (part), 1978)

It shall be the duty of the animal control officer, and of any police 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 animal control officer. All such dogs shall be impounded in the animal shelter.

(Ord. 432 § 1 (part), 1978)

Any person who captures an animal at large, as defined in Section 8.04.280, shall, within twenty-four hours, give notice to the animal control officer. Such notice shall include the following:

(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, such person shall so state;

(d) The place where such animal is confined.

Any such person shall thereafter surrender the animal to the animal control officer, or his deputy, upon request.

(Ord. 432 § 1 (part), 1978)

(a) 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 the city, or within thirty days from the date the dog attains the age of four months; provided, however that the aforesaid provision 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 of California, or by any other state or nation, to practice veterinary medicine where such vaccination has been completed within the period of time as prescribed in this section.

(b) If chick embryo vaccine was used in such vaccination, it must have been completed within thirty-six 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. 693 (part), 1992: Ord. 432 § 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 vaccinated within a period of not more than three years; or a dog which has been vaccinated with a tissue-type vaccine, shall cause the dog to be vaccinated within a period of not more than one year.

(Ord. 693 (part), 1992: Ord. 432 § 1 (part), 1978)

Every 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 of California 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. 432 § 1 (part), 1978)

(a) Every person applying for a dog license must exhibit a certificate issued by a person licensed by the state of California to practice veterinary medicine, which certificate shall show that the dog for which the license is to 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.

(b) 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.

(Amended during 3/93 supplement; Ord. 432 § 1 (part), 1978)

At the time a dog license is issued, the date of vaccination and the type of vaccine used, as shown on the certificate, shall be recorded on the license registration form.

(Ord. 693 (part), 1992: Ord. 432 § 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 animal control officer or his deputies, and shall submit such dog to the examination of the health officer of the city or his deputies.

(Ord. 432 § 1 (part), 1978)

It is unlawful for any person having knowledge of the whereabouts of such animal known to have or suspected of having rabies or which has shown symptoms or rabies to fail, refuse or neglect to immediately notify the health officer of the city or his deputies, or the animal control officer or his deputies, or to fail, refuse, or neglect to allow the health 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 control officer that such animal has rabies or not. The health officer or his deputies, or the 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. 432 § 1 (part), 1978)

Whenever it is shown that any dog or other animal has bitten any person, no owner or person having the custody or possession thereof, upon order of the animal control officer, any police officer, or the health officer of the city shall fail, refuse or neglect to quarantine such animal and keep it securely confined on a chain or in a closed cage or paddock for a period of ten days, or shall fail, refuse or neglect to allow the animal control officer or his deputies to make an inspection or examination thereof at any time during said period. No such dog or animal shall be removed without written permission of the animal control officer or his deputies.

(Ord. 432 § 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, control, care, custody or possession of such dog shall report said fact, in writing, forthwith to the animal control officer, his deputy, or a police officer. The report shall state the name and address of the person bitten and the time and place such person was bitten.

(Ord. 432 § 1 (part), 1978)

When any dog or cat is impounded, the animal control officer or the impounding agency shall reasonably attempt to notify the owner thereof, if known to him by written notice or telephone.

(Ord. 432 § 1 (part), 1978)

Subject to the other provisions of this chapter, any person may make application to the animal control officer or the impounding agency for the return of any dog or cat, and upon presentation of proof satisfactory to the animal control officer or the impounding agency that such person is the owner or is rightfully entitled to the possession of such dog or cat, may recover such dog or cat upon the payment of the required fee. The fee for recovery shall be as stated in Section 8.04.150, plus any license fee then due and payable.

(Ord. 432 § 1 (part), 1978)

All licensed dogs impounded at the animal shelter shall be held by the impounding agency for a period of time long enough that the animal is determined by the impounding agency to be abandoned, but not less than five days. Unlicensed, unidentified dogs shall be held for redemption for a period of at least five days. Thereafter, the dogs may be disposed of in accordance with Section 8.04.440.

(Ord. 432 § 1 (part), 1978)

All cats impounded at the animal shelter displaying some type of identification shall be held by the impounding agency for a period of time long enough that the animal is determined by the impounding agency to be abandoned. Cats without identification shall be held for redemption for at least three days. Thereafter, the cats may be disposed of in accordance with Section 8.04.440, except that cats determined by the animal control officer to be wild, as set forth by Section 8.04.580, may be disposed of by the animal control officer or the impounding agency upon impounding.

(Ord. 432 § 1 (part), 1978)

Dogs, cats and other animals not redeemed may be sold by the impounding agency to the person offering to pay the highest cash amount therefor; provided, that the purchaser shall not be given possession of any such animal until he shall have paid to the impounding agency or deputy the charges prescribed for such animal, and obtained a license or permit as applicable. If any dog, cat or other animal impounded by the impounding agency is not redeemed, and cannot be sold within a reasonable time thereafter, it may be summarily disposed of by the impounding agency in a humane way. The impounding agency shall file at the animal shelter a full description of each dog and cat impounded therein for said period, beginning on the day any such dog or cat is taken or delivered into the possession of the impounding agency.

(Ord. 432 § 1 (part), 1978)

The impounding agency shall not sell or give away any female cat more than six months of age that has not been spayed, or any male cat of more than six months of age that has not been altered. The impounding agency shall not sell or give away any cat less than six months of age, unless the cost of spaying or altering such cat has been deposited in trust with the impounding agency for payment to a veterinarian or spaying or altering clinic designated by the person purchasing or receiving the cat. The deposit shall be forwarded to the veterinarian or clinic upon receipt by the impounding agency of a notice from the veterinarian or clinic that the cat has been spayed or altered.

(Ord. 432 § 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 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 a misdemeanor.

(Ord. 432 § 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 approved kennel. Any violation of this section is a misdemeanor.

(Ord. 432 § 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 animal control officer or his authorized representative. The fee for said cat or dog breeding permit shall be one hundred dollars. 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. 693 (part), 1992: Ord. 432 § 1 (part), 1978)

Unless licensed as a dog or cat kennel pursuant to Section 8.04.480, it shall be unlawful for any person to keep or maintain more than a total combination of four dogs and/or cats on any lot or premises for any purpose, and of this total combination of four dogs and/or cats, there can be no more than three dogs over four months of age and no more than four cats over four months of age. Other total combinations of dogs and cats, such as one dog and three cats, or two dogs and two cats, or three dogs and one cat, shall also be permitted. In addition, one pot bellied pig shall be allowed per lot or premises subject to subdivision (f) of Section 8.04.550 of this chapter.

(Ord. No. 827, § 2, 2-22-2011)

No owner or person having charge, custody or control of any animal shall permit, either willfully or through failure to exercise due care or control, any such animal to defecate and to allow such feces thereafter to remain on any public sidewalk or park or any other public property, or on any improved private property other than that of the owner or person who has custody or control of such animal.

(Ord. 802 § 1, 2008: Ord. 432 § 1 (part), 1978)

(a) No person owning or having control of any ox, steer, bull, cow, horse, colt, calf, sheep, goat, or any other animal commonly referred to as a "wild species" shall:

(1) Permit such animal to run at large in the city;

(2) Cause or permit any such animal to be pastured, herded, staked or tied in any street, lane, alley, park or other public place;

(3) Tie, stake, pasture, or permit the tying, staking, or pasturing of any such animal upon any private property within the limits of the city, without the consent of the owner or occupant of such property, or in such a way as to permit any such animal to trespass upon any street or public place, or upon any such private property;

(4) Permit any said animals to be or remain during the nighttime secured by a stake, or secured in any manner other than by enclosing such animal in a pen, corral or barn sufficient and adequate to restrain such animal, or by securely fastening such animal by means of a rope or chain of sufficient size, strength and weight to effectively restrain such animal;

(5) Fail to provide the necessary sustenance, drink, shelter, or protection from the weather, or otherwise;

(6) No horse shall be allowed in a public park unless it is on a properly designated equestrian trail.

(b) A violation of this section is a misdemeanor.

(Ord. 432 § 1 (part), 1978)

It is declared to be a nuisance and no person shall suffer or permit any rabbits and/or permitted birds and/or fowl owned or controlled by him or it, to run or fly at large or go upon the premises of any other person in the city. Fowl and rabbits may only be kept in the zone permitted in the zoning code of the city. The keeping of fowls and rabbits is subject to the development standards as stipulated in the zoning code.

(Ord. 432 § 1 (part), 1978)

No person shall dye, color, or otherwise artificially treat any rabbit, baby chick, duckling or other fowl.

(Ord. 432 § 1 (part), 1978)

No person shall display, sell, offer for sale, or barter to give away any rabbit, baby chick, duckling or other fowl.

(Ord. 432 § 1 (part), 1978)

(a) 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 any 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.

(b) Such animal shall be deemed and considered as running at large, within the meaning of the expression as herein used, when not confined within an enclosure or when not securely tied or chained.

(c) Horses may be kept only on those lots and premises if and where permitted by Title 19 of this code.

(d) Chickens and ducks may be kept only on those lots and premises if and where permitted by Title 19 of this code. The keeping of chickens and ducks shall be subject to the following additional provisions:

(1) They shall be kept a minimum of ten feet from the side and rear property lines.

(2) They shall not be kept in the front yard setback.

(3) They shall be kept a minimum of twenty-five feet from any building used for human habitation on the lot.

(4) They shall be kept a minimum of fifty feet from any building used for human habitation on an adjacent lot.

(5) There shall be a chain-link fence, or an approved equal, a minimum of four feet in height, with an enclosed roof, surrounding the area keeping the chickens and/or ducks. A closeable, lockable gate shall be provided.

(6) Potable water shall be provided to the area keeping the chickens and/or ducks.

(7) Each area where chickens and/or ducks are kept must provide at least one square yard per chicken and/or duck.

(8) No lot, premises, or residence may maintain more than a total combination of ten chickens and/or ducks.

(9) All applicable regulations and ordinances of the city and of the Los Angeles County health department shall be fully adhered to.

(e) Roosters are prohibited in the city.

(f) Pot bellied pigs may only be kept in the area if and where permitted by Title 19 of this code. The keeping of pot bellied pigs shall be subject to the following additional provisions:

(1) It shall be unlawful for any person to keep or maintain more than one pot bellied pig on any lot or premises.

(2) Pot bellied pigs shall be spayed or neutered by the age of six months and a certificate of sterilization shall be produced upon request of the city.

(3) Only a pot bellied pig that is under one hundred seventy-five pounds shall be allowed on a lot or premises.

(Ord. 432 § 1 (part), 1978)

(Ord. No. 827, § 3, 2-22-2011)

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.

(Ord. 432 § 1 (part), 1978)

No person shall, within the city, wilfully slaughter or cause to be slaughtered any animal. 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 of California to practice veterinary medicine, or by a commercial establishment duly licensed by the city and the U.S. Department of Agriculture as a slaughterhouse.

(Ord. 432 § 2 (part), 1978)

(a) 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.

(b) Any dog having a disposition or propensity to attack or bite any person or animal without provocation is defined as a wild or vicious animal. The animal control officer, or his authorized deputy, shall notify the owner or harborer, in writing, to keep such animal within a substantial enclosure or securely attached to a chain or any other type of control which is reasonably adequate under the circumstances. If such restraint is impossible or impracticable, such animal shall be impounded until the owner or harborer is able to comply with the animal control officer's order. If, upon receiving said written notification, the owner or harborer fails to provide adequate restraint or control of said animal as ordered by the animal control officer or his authorized deputy, within a reasonable time, said animal shall then be subject to summary destruction.

(c) Where the official records of the animal control officer indicate a dog has bitten any person or persons or animal on two or more separate occasions, it shall be prima facie evidence that said dog is a wild or vicious animal.

(Ord. 432 § 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 as so the life, limb or property of any person lawfully entering such premises shall not be endangered.

(Ord. 432 § 1 (part), 1978)

Except as hereinafter provided, 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 animal control officer, or his authorized representative, to do so.

(Ord. 432 § 1 (part), 1978)

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

(b) An appeal fee established by resolution of the city council shall be required for each appeal to the director of community development. No appeal shall be considered until such fee has been paid.

(Ord. 781 § 1 (part), 2006; Ord. 432 § 1 (part), 1978)

No permit shall be granted except with such conditions attached as shall, in the opinion of the person or agency approving 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. 432 § 1 (part), 1978)

The 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. 432 § 1 (part), 1978)

The 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. If the owner of the animal or reptile cannot be ascertained by the animal control officer, the animal or reptile may be disposed of in accordance with Section 8.04.440.

(Ord. 432 § 1 (part), 1978)

An application for any permit required pursuant to this chapter shall be made to the animal control officer in writing and upon a form furnished by the animal control officer, if so required. The 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:

(a) Name, address and telephone number of the applicant;

(b) The applicant's interest in such animal or reptile;

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

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

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

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

(g) Safety precautions;

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

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

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

(Ord. 432 § 1 (part), 1978)

Copies of any application for permit under this chapter shall be sent by the animal control officer to the law enforcement agency, director of community development, 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 manager for good cause.

(Ord. 432 § 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 through the city, who has taken adequate safeguards to protect the public, and has notified the local law enforcement agency and the animal control officer of the proposed route of transportation and time thereof.

(Ord. 432 § 1 (part), 1978)

The fee for a permit application shall be established by resolution of the city council. Said fee shall be payable to the 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. 781 § 1 (part), 2006; Ord. 693 (part), 1992: Ord. 432 § 1 (part), 1978)

Commercial establishments possessing any animals or reptiles defined in Section 8.04.580 for the purposes 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 the terms of such permit. Such establishments may, in the discretion of the approving agency, be granted a permit for those numbers of each kind of animal or reptile as do not exceed the maximum which 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 animal control officer upon the acquisition of any animal or reptile having a prior history of any incident involving the public health or safety, or resulting in any bodily injury or property damage.

(Ord. 432 § 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. 432 § 1 (part), 1978)

The 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 an 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. 432 § 1 (part), 1978)

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

(Ord. 781 § 1 (part), 2006; Ord. 432 § 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. 432 § 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 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. 432 § 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. 432 § 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. 432 § 1 (part), 1978)

Every person owning or occupying premises where manure from any animal accumulates shall provide for the removal of such manure daily. Unless all manure accumulated on any premises is removed daily, boxes, bins or receptacles of a design and construction acceptable to the health officer of the city or the 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 placed in such boxes or receptacles in such manner as to prevent the tight closing of the lid; provided, however, that nothing contained herein 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. 432 § 1 (part), 1978)

No person who is ordered by the health officer of the city or animal control officer to clean or disinfect any stable, barn, corral, stall, pen, coop, building, or place in which any 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. 432 § 1 (part), 1978)

No person shall bring any live animal, or permit any 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 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.

(Ord. 432 § 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 framework or other device which will prevent such animal from falling off, jumping or being thrown from such motor vehicle, whether in motion or not.

(Ord. 432 § 1 (part), 1978)

The amount of any license or permit fees imposed by this chapter 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 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 this section or any other applicable provisions of this chapter.

(Ord. 432 § 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. 432 § 1 (part), 1978)

Whenever it is suspected that any animal has 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. 432 § 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, which by any sound or cry emit noise in violation of Section 9.68.100 of this code.

(Ord. 432 § 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. 432 § 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 rodent traps.

(Ord. 432 § 1 (part), 1978)

(a) No person shall feed or in any manner provide food for one or more non-domesticated mammalian wildlife, including but not limited to bears, deer, mountain lions, coyotes, raccoons, opossum, mice, rats, skunks, squirrels, or feral cats.

(b) Notwithstanding subdivision (a), this section shall not apply to the feeding of any non-domesticated mammalian by the owner of such animal when the non-domesticated mammalian is kept under a valid certificate or permit issued by the State of California Department of Fish and Game.

(Ord. No. 827, § 4, 2-22-2011)

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. 432 § 1 (part), 1978)