Hermosa Beach Municipal Code Ch. 6.08 Dogs

Contents:

6.08.010 Dog kennel defined.

6.08.020 Dogs at large prohibited in public places.

6.08.030 Vicious dogs running at large.

6.08.040 Dogs running on property of owner.

6.08.050 License required.

6.08.060 Duration of license–license fees.

6.08.070 Penalty for failure to pay license fee.

6.08.080 Licenses for dogs attaining age of four months.

6.08.090 License forms.

6.08.100 License tags.

6.08.110 Impoundment of unlicensed dogs–disposal.

6.08.120 Report of impounded dogs to be posted.

6.08.130 Redemption of impounded dogs–redemption fees.

6.08.140 Dogs under four months and dogs of nonresidents not required to have license.

6.08.150 Dog kennel license.

6.08.160 Rabies vaccination required.

6.08.170 Revaccination.

6.08.180 Veterinarian’s certificate of vaccination.

6.08.190 Certificate of vaccination prerequisite to issuance of dog license.

6.08.200 Right of entry of enforcing officers.

6.08.210 Redemption of impounded dogs.

6.08.220 Vaccination of impounded dogs.

6.08.230 Procedure when impounded dog suspected of having rabies.

6.08.240 Interfering with an animal control officer.

6.08.250 Violation–penalty.

A “dog kennel” means any place, house or shelter in which dogs are kept or boarded for hire or reward, and from which dogs are bought or sold and from which dog supplies, foods or materials are sold and for which dogs are kept for veterinary treatment for which a fee is charged. (Prior code § 4-7)

It is unlawful for any person to allow a dog, that he or she owns, or is in his or her care, possession or control, to run loose, or at large on any public street, alley, lane, park, the Strand, the Greenbelt, or other public place, or in or upon any unenclosed lot or premises in the City. When off the premises of the person in control or possession of a dog, a dog shall be restrained by a chain or cord not exceeding six (6) feet in length and is in the charge, care, custody or control of a competent person capable of controlling the dog. Except for “service dogs” which is defined to include dogs that are individually trained to do work or perform tasks for the benefit of an individual with a disability, no dog shall be allowed or permitted:

1. On the beach;
2. In any store, market, restaurant, cafe, lunchroom, bakery; or
3. In an establishment wherein vegetables, meats and other foods for human consumption are served, sold or kept for sale.

A violation of this section shall be subject to the provisions of Chapter 1.10. (Prior code § 4-8)

(Ord. # 21-1439 §3, adopted 11/23/2021, effective 12/23/2021)

Effective on: 12/23/2021

It is unlawful for any person owning, possession or having custody or control of any dangerous or vicious dog to allow or permit such dog to be or go at large within the city.

1. Suspension or Revocation of License. The city council shall have the right and power to suspend and revoke any dog license issued under the provisions of this chapter if at any time it appears to the council or if the council at any time finds that any dog described or referred to in any dog license, or for which any dog license is or may be issued, is vicious, dangerous and apt to bite or injure any person.
2. Impoundment. Whenever any dog, in either the written opinion of the poundmaster or the council, filed with the animal control officer, is vicious, dangerous and apt to bite or injure any person, and is permitted to go at large or is kept in such manner as to constitute an apparent menace to any person, such dog may be immediately impounded by the poundmaster or his duly authorized agents, representatives or assistants.
3. Notice of Hearing. As soon as it is reasonably possible after any such dog is so impounded, or a written opinion is filed with the animal control officer, the owner of such dog, the persons harboring such dog, the persons to whom a license for such dog was issued, or any person whose name appears therein, shall be notified (either personally or by registered mail addressed to such person at the address shown in such license) of the fact of such impounding or of the filing of such opinion and that such person or any person interested may appear at a hearing before the council at a meeting to be specified in such notice (and which is to be held within not more than ten days from the date of such notice) and show cause, if any, why such dog should not be destroyed. Such notification shall also contain or have attached thereto a copy of any opinion so filed.
4. Hearing. Upon such hearing the council shall hear all persons who appear and desire to be heard and shall thereupon decide whether such dog shall be released, destroyed or otherwise disposed of. Its decision after such hearing shall be final and conclusive.
5. Refund of License Fee. In the event the council after such hearing orders such dog destroyed or otherwise removed from the city or revokes the license for such dog, the council shall also, at the same time, order the refunding of the pro rata portion of the license fee paid for the license for such dog for the remainder of the license period ensuing after the date of such order.
6. Right and Power to Protect Public. The city council finds and determines that the reservation of the right and power made in this section is necessary in order to protect the public peace, health and safety of its inhabitants, not only on account of physical danger from vicious and dangerous dogs, but also because of the suppression and combatting of the menace of rabies.

A violation of this section shall be an infraction. (Prior code § 4-8.1)

Subject to the limitations provided in the preceding section, nothing herein contained shall be construed to prevent owner or custodian of any male or female dog from permitting the same to be at large upon property owned or controlled by such owner or custodian; provided, such property be enclosed in such manner as to prevent such dog from escaping therefrom. (Prior code § 4-9)

It is unlawful for any person to keep, harbor or possess any dog within the city without first having obtained a license to do so, and a violation of this section shall be an infraction. (Prior code § 4-10)

1. Every person owning, harboring or controlling any dog within the city shall before the first day of October of each year apply for an procure a license and license tag for each such dog and shall pay to the city an amount fixed by resolution of the city council.

2. Exception. For dogs owned by senior citizens of the city aged sixty (60) or over, showing proof of age, the license fee shall be fifty (50) percent of the rate established by this section.

3. Exception. Seeing eye dogs shall be licensed, but no fee shall be charged.

4. The person applying for said license shall submit proof that the dog for which the application is made has been spayed or neutered by a licensed veterinarian. (Ord. 96-1155 §§ 10, 11, 1996; prior code § 4-11)

For failure to pay license fee within thirty (30) days after October 1st, the city shall add a penalty of one-half of the regular license fee and the amount of such license fee and penalty imposed by this chapter shall be deemed a debt to the city and any person failing to obtain the license shall, in addition to the penal provisions herein, be liable in an action in the name of the city in any court of competent jurisdiction for the amount of the license fee or penalty due hereunder. (Prior code § 4-12)

In the event that a dog is brought into the city after October first of any year, or becoming four months of age following such date, the time for calculating penalties shall not commence until thirty (30) days after such dog is brought within the city limits or has attained the age of four months.

In the event that a dog is brought in the city six months or more after October first of any year, or becomes four months of age six months or more following such date, license fee shall be one-half the regular fee, and penalty if due shall be in addition to such one-half of the regular license fee. (Prior code § 4-13)

The finance department is authorized and directed to cause to be printed annually such number of dog license forms as may be necessary, setting forth the year for which such license is issued, the description of the dog for which each license is issued, the name and address and telephone number of the owner or person who shall keep or harbor each dog, and the amount of the license fee paid. All such blank dog licenses shall be in printed book form and shall have corresponding stubs. (Ord. 96-1155 § 12, 1996; prior code § 4-14)

The finance department shall likewise procure metal tags bearing inscriptions showing the year for which the same shall be issued and the number thereof, and such number shall correspond with the number on the dog license issued. Such tags shall be firmly attached on the collar of each dog for which each license is issued in such a manner that the same shall be readily visible in order to identify a lost, injured or impounded dog. (Ord. 96-1155 § 13, 1996; prior code § 4-15)

Any dog permitted to run at large in violation of the provisions of this chapter shall be taken in charge by the contractor employed by the city to enforce the terms of this chapter and which contractor shall by such employment become the poundmaster of the city. Such dog so taken while running at large without a license shall be kept by the poundmaster for a period of five days, at which time, unless redeemed as provided by this division, such dog shall be humanely disposed of by the poundmaster; provided, however, that no dog shall be sold or given away by the contractor unless the license fee and penalties due the city for such dog shall have first been paid. (Prior code § 4-16)

The contractor, acting as poundmaster of the city, upon impounding any dog found running at large, shall immediately file a report containing a brief description of the dog. (Ord. 96-1155 § 14, 1996: prior code § 4-17)

1. For the first, second and third redemptions of the dog, increasing fees in amounts set by resolution of the city council shall be paid to the city.
2. In all cases, if the animal has been impounded at the contracting animal shelter facility, said fee shall be paid prior to payment of the appropriate impound fees to the poundmaster. Any license required by such dog shall be purchased from the city prior to the redemption of an impounded dog if said license has not been previously obtained or is not in full force and effect. (Prior code § 4-18)

Nothing in this chapter contained shall be construed to prohibit the keeping of dogs under four months of age without having obtained a license therefor, nor to prevent nonresidents visiting the city from keeping a dog therein for a period of not to exceed thirty (30) days without the payment of a license fee as herein provided. (Prior code § 4-19)

The dog license tax required to be paid shall not apply to any person conducting or maintaining a dog kennel in the city, but every person conducting or maintaining such dog kennel shall pay to the license collector a special business license tax as provided by Title 5, relating to business licenses, or as fixed by the city council, upon the filing of an application for permit to maintain such kennel. (Prior code § 4-20)

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 rabies vaccine within a period of thirty (30) days from the date of harboring, keeping or having such dog within the city, or from the date the dog attains the age of four months; provided, however, that this provision shall not apply so as to require the vaccination of any dog which has been vaccinated with a chick embryo vaccine by a person licensed by the state or of 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 two years prior to the date such dog was kept, harbored or brought into the city. If tissue phenolized vaccine was used, such vaccination must have been completed within one year prior to the date such dog was kept, harbored or brought into the city. (Prior code § 4-21)

1. Chick Embryo Vaccine. Every person keeping, harboring or having a dog in the city which has been vaccinated with chick embryo vaccine shall cause such dog to be revaccinated within a period of not more than thirty (30) months after such prior vaccination.
2. Tissues Phenolized Vaccine. Every person keeping, harboring or having a dog in the city which has been vaccinated with tissue phenolized vaccine shall cause such dog to be re-vaccinated with rabies vaccine within a period of not more than one year after such prior vaccination. (Prior code § 4-22)

Every person practicing veterinary medicine in the city who vaccinates a dog with rabies vaccine shall issue to the person keeping, harboring or having such dog a certificate which is signed by the veterinarian and which states thereon the name and description of the dog, the date of such vaccination and type of vaccine used and shall send a duplicate copy thereof to the contracting pound service. (Prior code § 4-23)

Every person applying for a dog license, whether to the contracting pound service of the city or to the city clerk, must exhibit a certificate issued by a person licensed by the state or any other state or nation to practice veterinary medicine, which certificate shall show that the dog for which the license shall be issued has been vaccinated in accordance with the provisions of this division. A license for such dog shall not be issued unless and until such a certificate is so exhibited. (Prior code § 4-24)

Any officer or employee of the contracting pound service, any police officer of the city or of any city in the county, shall have the right to enter upon any private or public property in the city in order to examine or capture any dog thereon or therein; provided, however, that no such officer or employee shall have the right to enter a house which is in use as a residence without first having secured a search warrant therefor. (Prior code § 4-27)

No dog so impounded shall be released to any person except where there had been a performance of the following conditions:

1. There has been presented to the poundmaster a current license for such dog issued by the contracting pound service or by the city clerk, or if the person keeping, harboring or having such dog is not a resident of the city, such nonresident person has presented to the poundmaster a current license conforming to this division for such dog issued by any other municipality in the county or by the county;
2. Where the person keeping, harboring or having such dog is a resident of the city, there has been paid to the poundmaster the license fee for a city dog license as provided by law;
3. There has been paid to the poundmaster the impounding, collection and other fees as provided by law;
4. There has been paid to the poundmaster a reasonable fee as determined by the poundmaster for the vaccination of such dog; provided, however, that such fees shall not exceed five dollars ($5.00); or there has been shown to the satisfaction of the poundmaster that such dog has been vaccinated with rabies vaccine within the time periods according to the other requirements as prescribed by this chapter;
5. The poundmaster has determined that such dog does not have and is not reasonably suspected of having rabies. (Prior code § 4-28)

Within seventy-two (72) hours after the receipt of the vaccination fee, or as soon thereafter as possible, and except as provided in the following section, the poundmaster shall cause the dog for whom the fee has been paid to be vaccinated with chick embryo vaccine by a person licensed by the state to practice veterinary medicine. After the dog has been vaccinated, the poundmaster shall release such dog to the person keeping, harboring or having such dog or to the person making application for the release of such dog. (Prior code § 4-29)

If the poundmaster suspects that any dog so impounded has rabies he shall hold such dog for inspection by a health officer of the county. In the event that such health officer shall determine that such dog is afflicted with rabies, it shall be disposed of or confined for such time as the health officer shall direct. In the event that such health officer suspects that such dog may develop rabies, it shall be confined for such time as the health officer shall direct. Whenever such health officer shall determine that such dog does not have rabies, it shall be released in accordance with the provisions of this division. (Prior code § 4-30)

No person shall willfully resist, delay or obstruct an animal control officer in the exercise of any duty required by the regulations and requirements of the animals and fowl code. (Prior code § 4-31)

A violation of the provision of this chapter is a misdemeanor unless by ordinance it is made an infraction. Any violation of the provisions of this chapter is punishable pursuant to the provisions of Chapter 1.10, as provided by Government Code Section 36900, Section 36901. (Prior code § 4-32)