La Mesa Municipal Code Ch. 8.04 In General

For the purposes of this Title 8, the following words and phrases shall have the meanings respectively ascribed to them by this section:

Animal. Any vertebrate creature, domestic or wild, including but not limited to the following:

(a) Bird. Any of the class Aves of warm-blooded vertebrates distinguished by having the body more or less completely covered with feathers and the forelimbs modified as wings.

(b) Dog. Any Canis familiaris, four months of age or older.

(c) Puppy. Any Canis familiaris, under four months of age.

(d) Cat. Any Felis catus, four months of age or older.

(e) Kitten. Any Felis catus, under four months of age.

(f) Livestock. Horses, ponies, stallions, colts, geldings, mares, sheep, rams, lambs, bulls, bullocks, steers, heifers, cows, calves, mules, jacks, jennets, burros, goats, kids, swine, and confined and domesticated hares and rabbits.

(g) Poultry. All domesticated fowl and all game birds which are held in captivity.

Animal premises. Any area inside or outside, housing or intended to house animals.

Animal shelter. A premises selected by the chief of police and/or the city council, as a suitable facility for housing stray or unwanted animals, for the requirements of this Title.

At large. Any animal on any private property without permission of the person who owns or has a right to possess or use the property; or unrestrained by a leash on either public property, unless expressly permitted by law, or private property open to the public; or in any place or manner which presents substantial risk with animal or public health, safety or welfare.

Aviary. Any cage or enclosure where birds are kept or maintained for breeding, display, exhibition, amusement and/or for commercial use.

Boarding facility. Any place where animals are cared for and/or kept, for compensation.

Chief of police. The person currently in the position of police chief for the city of La Mesa.

City. City of La Mesa.

City council. The city of La Mesa councilmembers.

County veterinarian. The San Diego County veterinarian, his/her agents or deputies.

Curb. To so restrain or control an animal so that it urinates or defecates only in the street gutters.

Department. City of La Mesa police department and animal control division.

Guard dog. See Protection dog.

Grooming parlor. Any place where animals are groomed, clipped, bathed, or otherwise conditioned as pets and/or for show in exchange for a fee.

Health officer. The county of San Diego health officer, his/her agents or deputies.

Housing facility. Any lot, building, structure or enclosure where animals are kept and/or maintained.

Impounded animal. Any animal in custody or control by the department as provided in this Title.

Kennel. Any building, structure, or enclosure where three or more dogs are fed, kept or maintained.

Kennel enclosure. Any enclosure confining an animal to a limited space for any amount of time.

Kennel operator. Any person who owns, controls, or manages a kennel or any person who is responsible for or who participates in the control or operation of a kennel.

Leash. Any rope, leather strap, chain or other durable material not exceeding ten feet in length, being held in the hand of a person capable of controlling and actually controlling the animal to which it is attached.

Licensed animal. A dog wearing its current license tag or whose owner possesses a current license as required by this Title.

License tag. A piece of metal or other durable material issued by a city or county, inscribed with a number and the name of the city or county that issued it.

Motion picture, television. and theatrical. Any place where one or more animals are used in any motion picture, television, or theatrical performance or production, whether for entertainment, instruction, or advertising.

Ordinary household pet. Ordinary household pets shall mean those animals which are customarily kept for personal use or enjoyment on a residential property (and which could normally be, although not required to be, contained within a residential structure). Household pets shall include, but not be limited to, domesticated dogs, cats, small mammals, birds, fish, reptiles, and rodents. Not included in this definition are wild animals, domestic poultry or livestock, or those animals whose ownership is prohibited by either the state of California, the United States government, or other portions of the La Mesa Municipal Code.

Owner. Any person who is the legal owner, keeper, harborer, possessor or the actual custodian of an animal. Ownership is also established by a person registering as the owner on a license or other legal document or by a person claiming ownership and taking possession of an animal.

Person. Any individual, business, partnership, firm, joint stock company, corporation, association, trust, estate or other legal entity owning, harboring, or keeping animals within the city.

Pet shop. A person or establishment that buys for resale and sells at retail, animals bred by others, whether as owner, agent, or on consignment, and that sells or offers to sell to the general public at retail.

Pet show. Any place where a collection of animals other than dogs and cats are being exhibited and judged.

Potbellied pig. Any miniature pig commonly referred to as the Asian, Vietnamese, or Chinese Potbellied and being of the species Sus scrofa jubatas muller or Sus scrofa bittatus.

Protection dog. Any dog trained to guard, protect, patrol or defend any premises, area or yard, or any dog trained to protect, defend or guard any person or property, with or without the necessity of direct human supervision.

Protection dog operator. Any person who, for any consideration whatsoever, engages in business to furnish, or agrees to furnish, or train, a protection dog for others.

Rabies vaccination certificate. A license application form issued by the city or other official licensing agency, properly completed by a licensed veterinarian.

Stable. Any lot, building, structure or enclosure where one or more horse(s) is kept or maintained and/or where privately owned horses or ponies are provided room and board for commercial purposes.

Vaccinated animal. An animal inoculated with an approved, currently valid anti-rabies vaccine, whose owner has a current animal license indicating proof of such vaccination.

Vicious dog. See Chapter 8.11. Wild/exotic animal. All animals which are not normally domesticated within the United States, and or, not normally allowed as pets in California by the Department of Fish and Game, including but not limited to lion, ferret, tiger, ocelot, cougar, bobcat, wildcat, bear, raccoon, fox, wolf, coatimundi, skunk, opossum, coyote, nonhuman primate (monkey, chimpanzee, etc.) irrespective of its actual or asserted state of tameness or domestication.

(Ord. 2597, § 1; March 24, 1992)

Reptiles which are poisonous to humans are prohibited in the city of La Mesa; this is to include all species of the families Elapidae, Viperidae, Crotalidae; in the family Colubridae the species of Disopholidus typhus (boomslang) and Theoltornis kirtlandii (vine snake); and all lizard species of the genus Heloderma.

It is prohibited to own, possess, or maintain any wild/exotic animal within the city limits of La Mesa. This section is not to prevent the maintaining of certain birds of prey as long as the owner of such birds complies with all California Department of Fish and Game, rules and regulations.

(Ord. 2597, § 1; March 24, 1992)

No person shall treat an animal in a cruel or inhumane manner or willingly or negligently cause or permit any animal to suffer unnecessary torture or pain. No person shall abandon any domestic animal without care on any public or private property.

(Ord. 2597, § 1; March 24, 1992)

No person shall keep bees or maintain an apiary (except as provided in the Zoning Ordinance). The following regulations shall apply where bees are allowed:

(a) Distance of apiary from roads. No person shall place or keep an apiary, or cause or allow an apiary to remain, so close to a public road as to constitute a nuisance or hazard to persons using such road and in no case shall an apiary be placed, kept, or allowed to remain within one hundred feet of the exterior line of the traveled portion of a public road.

(b) Distance from buildings. No person shall place, or keep an apiary, or cause or allow an apiary to remain closer than six hundred feet to any dwelling other than a dwelling occupied by such person.

(c) Transportation of bees. No person shall transport hives of bees between sunrise and sunset, or cause the same to be done, unless such bees are confined to the vehicle by which such transportation is accomplished by screens or other equally effective means.

(Ord. 2597, § 1; March 24, 1992)

No person shall keep any species or sex of animal or poultry, including but not limited to roosters and peafowl, which emits loud or raucous cries. Such animals or poultry are determined to be a public nuisance.

(Ord. 2597, § 1; March 24, 1992)

The following acts are declared to be disturbing, excessive and offensive noises that constitute a nuisance and violate this chapter: owning, possessing or harboring an animal which by any frequent or long continued noise causes annoyance or discomfort to a person of normal sensitivity in the vicinity. The written affirmation by two persons having separate residences that an animal has caused frequent or long continued noise, or that has caused them annoyance or discomfort, shall be prima facie evidence of a violation of this section. This subsection does not apply to animal noises emanating from legally operated animal hospital, humane society, county department of animal services facility, farm or agricultural facility where keeping of animals is permitted.

(Ord. 2597, § 1; March 24, 1992: Ord. 2010-2811, § 1; October 12, 2010)

The police department, including the animal control officer, shall be charged with administration and enforcement of Title 8 and for enforcement of any ordinance regulating animals, fowl or bees, except where specific responsibility and authority has been vested in the county health officer. However, the animal control officer may also order the quarantine of any animal whenever it is shown that the animal has bitten any person or animal in accordance with Section 8.04.200.

The animal control officer shall, pursuant to California Penal Code Section 836.5, be authorized to arrest and issue citations to persons alleged to violate this Title or related regulations to appear in court.

(Ord. 2597, § 1; March 24, 1992)

Upon receiving a complaint from a person alleging a violation of any provision referred to in Section 8.04.070 and upon receiving the name and address of the owner of the animal, if known, an investigation to determine whether a violation exists, may be made. If the investigation discloses a violation of this Title, prosecution may be initiated against the owner. Complainants' identities shall be kept confidential to the extent permitted by law.

(Ord. 2597, § 1; March 24, 1992)

(a) In any prosecution involving an animal charging a violation of any provision referred to in Section 8.04.070 of this chapter, proof by the people of the state of California that the particular animal described in the complaint was found in violation of any provision of said sections, together with proof that the defendant named in the complaint was at the time of the alleged violation of any provision of said sections, prima facie evidence that the owner of the animal was the person responsible for the violation of said provisions involving said animal. However, for the purpose of this section, proof that a person is the owner of said animal is not prima facie evidence that he/she has violated any other provision of law.

(b) The presumption created by this section shall be nullified when the person charged has made a bona fide sale or transfer and/or has complied with the requirements of Section 8.11.100 for a vicious dog, prior to the date of the alleged violations and has advised the court of the name and address of the purchaser, and of the date of sale.

(Ord. 2597, § 1; March 24, 1992)

No person shall interfere with, oppose or resist any of the individuals referred to in Section 8.04.070 or any special officer of the city while engaged in the performance of the duties prescribed by the provisions of this chapter.

(Ord. 2597, § 1; March 24, 1992)

Each of the individuals referred to in Section 8.04.070 shall have the power to make arrests for violations of those provisions of this chapter of state law which he has a duty to enforce and to issue citations for such violations. Any person so arrested who does not demand to be taken before a magistrate may instead be cited in the manner prescribed in Chapter 5C (commencing with Section 853.5) of Title 3, Part 2 of the Penal Code.

(Ord. 2597, § 1; March 24, 1992)

The individuals with authority to arrest under Section 8.04.070 of this code, as an alternative to the procedure provided in that section, may in cases of violations of a provision set out in this chapter involving an owned animal, employ the following procedure:

(a) The individual then and there enforcing said provision shall determine the identity of the registered owner of the animal involved in said violation, shall take said animal into his custody and in his discretion shall return it to the premises of the registered owner or retain custody of it.

(b) As soon after the violation occurs as is practicable, said enforcing individual shall give notice of the violation to a person on the premises of the registered owner of said animal or if no such person be found thereupon, shall give notice by securely fastening it to the entry of the premises in a conspicuous place so as to be easily observed by any person residing at such premises upon his return thereto. The notice shall set forth the violation, including reference to the provision so violated, the approximate time thereof, and the location where such violation occurred and fixing a time and place for appearance by the owner in answer to said notice.

(c) Before any warrant or arrest shall be issued following the filing of a complaint charging such a violation, a notice of the violation must be given in the following manner to the person so charged. Such notice shall contain the information required in subsection (b) above and shall also inform such registered owner that unless he appears in court to be designated in said notice within ten days after service of such notice and answers said charge, a warrant or citation to appear will be issued against him.

Such notice shall contain or be accompanied by an affidavit of nonownership. In addition to any other required information, such notice shall also provide information as to what constitutes nonownership, information as to the effect of executing such affidavit, and instructions for mailing or returning the affidavit to the court. Upon receipt of evidence satisfactory to the court that the person charged with violation of any provision set out in Title 8 of this code has made a bona fide sale or transfer of the animal and has delivered possession thereof to the purchaser prior to the date of the alleged violation, the court shall obtain verification from the department that the person charged has complied with the requirements of this section, and, if the person has so complied, the charges against the person for violation of such provisions of this chapter of this code shall be dismissed.

Such notice shall be given, either by personal delivery thereof to such registered owner or by deposit thereof in the United States mail in an envelope with postage prepaid addressed to such registered owner at his address as shown by the records of the department. The giving of notice is complete upon personal delivery thereof or upon the expiration of the ten days after deposit of such notice in the United States mail.

Proof of giving such notice may be made by the affidavit of any person over eighteen years of age naming the person to whom such notice was given and specifying the time, place and manner of the giving thereof.

(Ord. 2597, § 1; March 24, 1992)

No person owning or having the care, custody or control of any livestock or other domestic animal (other than cat), shall permit the same to be at large. No person shall allow any dog to be at large without having said dog on a leash with a suitable collar for said dog, including but not limited to a choke chain, which allows immediate and satisfactory control of said dog.

(Ord. 2597, § 1; March 24, 1992)

A private citizen may capture and hold any animal found running at large in violation of this chapter and shall notify the department as soon as possible, but no later than twenty-four hours. He/she shall surrender the animal to the department upon demand. No such action shall result in a charge against the city. The finder of the animal at large shall use reasonable care to preserve it from injury; however, he/she shall not be held liable if the animal dies, escapes or injures itself while he/she is carrying out the provisions of this chapter.

(Ord. 2597, § 1; March 24, 1992)

Refuse, excrement and manure from animals including but not limited to dogs, cats, poultry, or any livestock, shall not be permitted to accumulate on any premises in the city.

(Ord. 2597, § 1; March 24, 1992)

Pending its removal from the premises, refuse, excrement or manure from said animals, poultry, or livestock shall be placed in fly-tight containers.

(Ord. 2597, § 1; March 24, 1992)

Dead animals, pending removal from the premises, must be kept in fly-tight containers.

(Ord. 2597, § 1; March 24, 1992)

If it shall appear to the city health officer or his representative, upon an examination, that any dog or other animal has rabies, he shall cause such animal to be destroyed forthwith.

(Ord. 2597, § 1; March 24, 1992)

All persons bitten and the parents or guardians of minor children bitten by a dog, cat, skunk, fox, bat, coyote, bobcat, or other animal of a species subject to rabies shall notify the department or the health officer as soon as possible thereafter. Physicians treating such bites and other persons having the knowledge of such bites shall also be required to make such notification.

(Ord. 2597, § 1; March 24, 1992)

Upon the order of the department, the county veterinarian, or the health officer, a suspected rabid animal shall be isolated in strict confinement under proper care and under the observation of a licensed veterinarian in an animal shelter, veterinary hospital, or other adequate facility in a manner approved by the department, the county veterinarian, or the health officer, and such animal shall not be killed or released for at least ten days after the onset of symptoms suggestive of rabies unless permission is obtained from the department, the county veterinarian, or the health officer to sacrifice the animal for the purpose of laboratory examination. The city health officer or his representative, when called upon, shall examine or have examined every such animal and ascertain whether such animal is infected with rabies.

(Ord. 2597, § 1; March 24, 1992)

Any person having care or custody of an animal which shows symptoms of rabies or which acts in a manner which would lead to a reasonable suspicion that it may have rabies, shall notify the department, the county veterinarian, or the health officer and comply with appropriate laws and regulations regarding suspected cases of rabies as directed by the department, the county veterinarian, or the health officer.

(Ord. 2597, § 1; March 24, 1992)

Upon the order of the department, the county veterinarian, or the health officer, any dog, cat, skunk, fox, bat, coyote, bobcat, or other animal of a species subject to rabies which bites or otherwise exposes a person to rabies may be impounded and shall be isolated in strict confinement in a place and manner approved by the department, the county veterinarian, or the health officer and observed for at least fourteen days after the day of infliction of the bite or other exposure, and until examined and released by the department, the county veterinarian, or the health officer. Dogs and cats shall be so isolated and observed for at least ten days after the day of infliction of the bite or other exposure, and until examined and released by the department, the county veterinarian, or the health officer. Notwithstanding the foregoing, the following alternative is permitted at the discretion of the department, the county veterinarian, or the health officer. Dogs or cats which have been isolated in strict confinement under proper care and under observation of a licensed veterinarian in an animal shelter, veterinary hospital, or other adequate facility in a manner approved by the department, the county veterinarian, or the health officer, may be released from isolation by the department, the county veterinarian, or the health officer after five days of veterinary observation if upon conducting a thorough physical examination on the fifth day or more after infliction of the bite or other exposure, the observing veterinarian certifies that there are no clinical signs or symptoms of any disease. Notwithstanding all of the foregoing provisions, the department, the county veterinarian, or the health officer may authorize, with permission of the owner if known, the euthanasia of a biting animal for the purpose of laboratory examination.

(Ord. 2597, § 1; March 24, 1992)

Any animal of a species subject to rabies which has been bitten by a known rabid or suspected rabid animal, or which has been in intimate contact with such an animal shall be isolated in strict confinement in a place and manner approved by the department, the county veterinarian, or the health officer and observed for a period of six months or destroyed. Notwithstanding the foregoing, the following alternative is permitted in the case of dogs and cats. If the dog or cat has been vaccinated against rabies at least thirty days prior to the suspected exposure with a type of vaccine and within the time period approved by the State Department of Health Services, the dog or cat may be re-vaccinated immediately (within forty-eight hours) in a manner prescribed by the department, the county veterinarian, or the health officer and isolated in strict confinement in a place and manner approved by the department, the county veterinarian, or the health officer and observed for a period of thirty days following revaccination.

(Ord. 2597, § 1; March 24, 1992)

The owner of any animal which is isolated under the provisions of this chapter shall pay all fees and expenses related to the isolation including, but not limited to, the impoundment, confinement, quarantine, board, examination, and release of the animal from quarantine.

(Ord. 2597, § 1; March 24, 1992)

Either the health officer or the county veterinarian may determine and declare that an epidemic or other unusually dangerous health situation exists among the animals in the city. Upon the making of such a declaration, the health officer or the county veterinarian shall prepare and promulgate, with the approval of the city council, such rules and regulations as are necessary for the conduct of all persons within the area where the dangerous condition exists. These rules and regulations may include, but are not limited to, quarantine, vaccination, and destruction of diseased, exposed or stray animals by humane methods. It shall be the duty of the department, the county veterinarian, and the health officer to cooperate in the enforcement of such rules and regulations.

(Ord. 2597, § 1; March 24, 1992)

The provisions of this chapter shall be in addition to all other laws or provisions of this code or other ordinances of the city governing or regulating the keeping of animals, poultry, fowl or other livestock in the city, and not a limitation thereof.

(Ord. 2597, § 1; March 24, 1992)

Persons convicted of repeated violations of this title shall be subject to having the conditions constituting such violation abated as a public nuisance. Three or more convictions of violations within one twelve-month period shall be prima facie evidence of a public nuisance subject to abatement resulting in the removal of all animals, poultry, fowl and other livestock from the premises.

(Ord. 2597, § 1; March 24, 1992)

No person shall feed any wild pigeon or pigeons.

(Ord. 2597, § 1; March 24, 1992)

No person shall intentionally feed or place feed out for any wild animal including but not limited to opossums, skunks, raccoons, foxes, and coyotes. This section does not apply to the feeding of wild birds which is permissible as long as wild pigeons are not also fed.

(Ord. 2597, § 1; March 24, 1992)

No person shall interfere with, oppose or resist the public health officer or his deputies, the chief of police or his deputies, any police officer or any special officer of the city while engaged in the performance of the duties prescribed by the provisions of this title.

(Ord. 2597, § 1; March 24, 1992)

See Chapter 24 (Zoning Ordinance) of the La Mesa Municipal Code.

(Ord. 2597, § 1; March 24, 1992)

No person shall allow a dog in his/her custody to defecate or to urinate on public property or any improved private property other than that of the owner or person having control of the dog. It shall be the duty of all persons having control of a dog to curb such dog in order to carry out the intent of this section. The failure to do so or immediately remove any feces to a proper receptacle constitutes a violation of this section. Unsighted persons while relying on a guide dog shall be exempt.

(Ord. 2597, § 1; March 24, 1992)

Dog owners shall at all times prevent their dogs from biting or harassing any person engaged in a lawful act and from interfering with the lawful use of public or private property.

(Ord. 2597, § 1; March 24, 1992)

No person shall allow or permit any dog belonging to or under the control of such person to enter, swim or remain in any drainage ditch within the city, or any settling tank, ditch, canal or reservoir within the city.

(Ord. 2597, § 1; March 24, 1992)

Dog owners shall obtain a rabies vaccination for each dog they own, keep, harbor, or have custody of, within thirty days after it becomes four months of age, or within thirty days after obtaining any dog over four months of age. It shall be unlawful for any person(s) to own, keep, harbor, or possess or to have in his/her care, charge or custody, any dog five months of age or over unless such dog has a current and valid rabies vaccination. Such vaccination shall be repeated at intervals specified by the State Department of Health Services in order to maintain adequate immunity.

(Ord. 2597, § 1; March 24, 1992)

Immunization or vaccination with an approved vaccine, one injection or other approved method, may be performed by the health officer, his representative or any duly qualified, licensed physician or veterinarian.

(Ord. 2597, § 1; March 24, 1992)

Any veterinarian who vaccinates a dog for rabies shall also certify by properly completing the license application — rabies vaccination certificate form issued by the city for that purpose and shall forward monthly to the department a copy of each form so completed.

(Ord. 2597, § 1; March 24, 1992)

At the time of issuing the license required under this chapter for all dogs in the city, the license collector or other proper official shall require the applicant for such a license to produce a certificate of rabies vaccination. The validity of such rabies certificate must extend through the license period.

(Ord. 2597, § 1; March 24, 1992)