El Segundo Municipal Code Ch. 2 Animal Control

This title is adopted pursuant to the city's police powers, and applicable provisions of the California code, for the purpose of protecting public health and safety; the health and safety of animals kept within the city's jurisdiction; and ensuring that the requirements of this title are enforced. (Ord. 1340, 11-7-2001)

Unless the contrary is stated or clearly appears from the context, the following definitions, in addition to those set forth in chapter 1 of this title, govern the construction of the words and phrases used in this title:

AT LARGE: Whenever a dog is elsewhere than on the premises of the owner or other person having the custody or control of such dog and is not restrained by a leash less than ten feet (10') in length, under the control of a person capable of controlling such dog.

BEE: Any state of the common domestic honey bee, Apis Mellifera species.

BEE HIVE: An enclosure or structure used for the housing of a bee colony.

DOG: Both male and female dogs.

KENNEL: A place where four (4) or more adult dogs or cats or any combination thereof, are kept, whether by owners of the dogs and cats or by persons providing activities and care, whether or not for compensation. An adult dog or cat is one of either sex, altered or unaltered, that has reached the age of four (4) months.

OWN: Includes the terms keep, maintain, control, harbor, or possess.

OWNER: Any natural or artificial person who owns an animal for more than fifteen (15) days.

POTENTIALLY DANGEROUS DOG: Any of the following:

A. Any dog which, when unprovoked, on two (2) separate occasions within the prior thirty six (36) month period, engages in any behavior that requires a defensive action by any person to prevent bodily injury when the person and the dog are off the property of the owner or keeper of the dog.

B. Any dog which, when unprovoked, bites a person causing a less severe injury than as defined in Food and Agricultural Code section 31604.

C. Any dog which, when unprovoked, on two (2) separate occasions within the prior thirty six (36) month period, has killed, seriously bitten, inflicted injury, or otherwise caused injury attacking a domestic animal off the property of the owner or keeper of the dog.

VICIOUS DOG: Any of the following:

A. Any dog seized under Penal Code section 599aa and upon the sustaining of a conviction of the owner or keeper under Penal Code section 597.5(a).

B. Any dog which, when unprovoked, in an aggressive manner, inflicts severe injury on or kills a human being.

C. Any dog previously determined to be and currently listed as a potentially dangerous dog which, after its owner or keeper has been notified of this determination, continues the behavior described in the definition of "potentially dangerous dog" in this section, or is maintained in violation of Food and Agricultural Code section 31641, 31642, or 31643. (Ord. 1340, 11-7-2001; amd. Ord. 1624, 5-18-2021)

It is lawful for a person to own the following animals within the city:

A. Canaries, pigeons, doves or birds of the psittacine family kept as household pets or as a hobby only, not exceeding ten (10) in number, when kept in facilities that are humane and adequate as to noise, sanitation and security;

B. Fish and turtles kept as household pets or as a hobby only;

C. Hamsters, white rats or guinea pigs as household pets or as a hobby only, not exceeding ten (10) in the aggregate and the young thereof not exceeding three (3) months in age;

D. Hen chickens, kept as household pets or as a hobby, not to exceed five (5) in number when kept in facilities that are humane and adequate as to noise, sanitation and security;

E. Rabbits as household pets or as a hobby only, not exceeding four (4) in number and the young thereof not exceeding four (4) months in age;

F. In any residential dwelling, dogs and cats not to exceed three (3) for each residential living unit in any combination thereof and the young thereof not exceeding four (4) months in age;

G. Except in residential districts, dogs used for guard or sentry purposes. (Ord. 1340, 11-7-2001)

The animals allowed to be owned in this chapter may be used in association with any circus, carnival, wild west show, or parade for which a permit has been issued.

A. Unless otherwise provided by a permit issued pursuant to this code, animals used in conjunction with the type of event listed herein may not be used for such an event more than twenty four (24) hours before the first performance of the event nor may such animals remain within the city more than twenty four (24) hours after the conclusion of the last performance of an event. (Ord. 1340, 11-7-2001)

All animals enumerated in this chapter may be kept within the city in connection with a laboratory that holds a valid clinical laboratory permit issued by the state department of health. (Ord. 1340, 11-7-2001)

All animals enumerated in this chapter may be kept within the city in a public or private school licensed by the state. (Ord. 1340, 11-7-2001)

Unless otherwise provided in this chapter, it is unlawful for any person to keep, maintain, possess, or control any poisonous or venomous snake or any wild, carnivorous animal. (Ord. 1340, 11-7-2001)

It is unlawful for any animal owner to allow that animal to be at large. (Ord. 1340, 11-7-2001)

Every person, within the city, who owns any animal or who owns, conducts, manages or operates any kennel or animal breeding operation for which a permit is required by this title, will comply with each of the following conditions:

A. Housing facilities for animals will be structurally sound and will be maintained in good repair, to protect the animals from injury, to contain the animals, and to restrict the entrance of other animals.

B. All animals will be supplied with sufficient good and wholesome food and water as often as the feeding habits of the respective animals require.

C. All animals and all animal buildings or enclosures will be maintained in a clean and sanitary condition.

D. All animals will be so maintained as to eliminate excessive and nighttime noise.

E. No animals will be without attention more than twelve (12) consecutive hours. Whenever an animal is left unattended at a kennel, the telephone number of the police department, or the name, address and telephone number of the responsible person, will be posted in a conspicuous place at the front of the property.

F. Every reasonable precaution will 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.

G. No condition will be maintained or permitted that is or could be injurious to the animals.

H. Animal buildings and enclosures will be so constructed and maintained as to prevent escape of animals. All reasonable precautions will be taken to protect the public from the animals and the animals from the public.

I. Every animal establishment will isolate sick animals sufficiently so as not to endanger the health of other animals. Sick animals will at all times be isolated from the other animals.

J. Every building or enclosure wherein animals are maintained will be constructed of material easily cleaned and will be kept in a sanitary condition. The building will be properly ventilated to prevent drafts and to remove odors. Heating and cooling will be provided as required, according to the physical needs of the animals, with sufficient light to allow observation of animals and sanitation.

K. Such person will take any animal to a veterinarian for examination or treatment, if the director finds this is necessary in order to maintain the health of the animal and orders the owner or custodian to do so.

L. All animal rooms, cages, kennels and runs will be of sufficient size to provide adequate and proper accommodations for the animals kept therein.

M. Every violation of an applicable regulation will be corrected within a reasonable time to be specified by the chief of police.

N. Such person will provide proper shelter and protection from the weather at all times.

O. Such person will not give an animal any alcoholic beverage, unless prescribed by a veterinarian.

P. Such person will not allow animals that 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 (2) 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 will be deemed not to be natural enemies.

Q. Such person will not allow the use of any tack, equipment, device, substance or material that is, or could be, injurious or cause unnecessary cruelty to any animal.

R. Such person will not allow any animal to cause a hazard, or be a menace to the health, peace or safety of the community. (Ord. 1340, 11-7-2001)

Any animal (or animals) which molests passersby or passing vehicles, attacks other animals, trespasses on school grounds, is repeatedly at large, damages or trespasses on private or public property, barks, whines or howls in an excessive, continuous or untimely fashion, is a public nuisance. (Ord. 1340, 11-7-2001)

A. Compliance; Permit: It is unlawful for any person to keep or maintain, or have in possession or under control in the city any animal except as permitted by this chapter.

B. Permit For Keeping Animals: The director may issue a permit to persons wishing to keep types of animals not identified in this chapter or a greater number of animals than allowed by this chapter. (Ord. 1340, 11-7-2001)

An application for a permit will be initiated by filing a verified application on a form furnished by the director. At a minimum, the application will include:

A. The applicant's name, address, and telephone number;

B. The number and kind of animals for which a permit is requested;

C. The number and kind of other animals kept on the premises;

D. The type and location of caging, if applicable; and

E. Other information reasonably required by the director. The director will make or cause to be made such investigation as may be appropriate. (Ord. 1340, 11-7-2001)

The director may issue or renew the permit if:

A. Issuing a permit will not adversely affect the public peace, health or safety;

B. Keeping of the animal will not violate any applicable laws; and

C. The facilities for keeping such animals are humane and adequate under the circumstances as to noise, security and sanitation. (Ord. 1457, 12-21-2010)

All permits issued on or before October 31 of any year will expire on December 31 of that year. Any permit issued on or after November 1 of any year will expire on December 31 of the next succeeding year. (Ord. 1340, 11-7-2001)

Any person dissatisfied with the decision of the director may file an appeal of such decision with the planning commission by filing a written notice of appeal in letter form accompanied by a filing fee in an amount set by resolution of the city council, said fee to cover the cost of posting, postage, advertising and other costs incident to the proceedings. Said notice of appeal must be filed within ten (10) days after the director renders a decision. Failure to appeal a decision within this time period will waive an applicant's appeal rights. (Ord. 1340, 11-7-2001)

A. Hearing Notice: When an appeal is filed, the director will give notice of a public hearing by mailing a letter notice, first class mail with postage prepaid, to the applicant and to the owners of property abutting the boundary of the property that is the subject of the application for an animal permit, using for this purpose the last known name and address of such owners as shown upon the last equalized assessment roll of Los Angeles County. Such notice will contain the address, a general explanation of the matter to be considered, and the time and place at which the public hearing on the matter will be held.

B. Decision By Resolution: The planning commission will announce its decision by resolution.

C. Decision Final: Any action by the planning commission on such matters will be a final decision. There is no right for city council appeal.

D. Notice Of Decision: Not later than fifteen (15) days following the adoption of a resolution ordering that an appeal be granted or denied, a copy of the resolution will be mailed to the applicant and to any other person requesting notice of the action. (Ord. 1340, 11-7-2001)

Any permit issued pursuant to the provisions of this chapter may be revoked by the director if the director finds:

A. That the permit, or a prior permit of which the permit is an extension was obtained by fraud; or

B. That the permittee violated the law in keeping such animal; or

C. That the animal or animals endanger the public peace, health or safety. (Ord. 1340, 11-7-2001)