La Puente Municipal Code Ch. 3.36 Animal Control Ordinance

Sections:

• 3.36.010 Definitions.

• 3.36.020 Violations.

• 3.36.030 Duties and authority of code enforcement officers.

• 3.36.040 Residential dogs and cats.

• 3.36.050 Registration of dogs by businesses.

• 3.36.060 Mandatory spaying or neutering of dogs and cats.

• 3.36.070 Licenses required for animal facilities and wild animals.

• 3.36.080 Animals running at large.

• 3.36.090 Impoundment.

• 3.36.100 Potentially dangerous and vicious dogs.

• 3.36.110 General requirements for animal care.

• 3.36.120 Dog breeding license, restrictions, and requirements.

• 3.36.130 Duty to report designated diseases.

• 3.36.140 Apiaries.

• 3.36.150 Providing food for certain rodents or predatory animals.

• 3.36.160 Licensing fees schedule.

For purposes of this chapter, unless it is plainly evident from the context that a different meaning is intended, the following definitions shall apply:

“Accredited veterinarian” means one who has been so designated by the Code Enforcement Officer of the Animal Disease Eradication Division, Agricultural Research Service, United States Department of Agriculture.

“Alter” means to spay or neuter.

“Animal” means any mammal, bird, reptile, fish, or amphibian.

“Animal care center” means a place where animals impounded by the Code Enforcement Division are placed for their humane care and keeping.

“Animal facility” means any premises used by an animal-related business or organization, including a non-profit humane organization, a grooming shop, a pet shop, a boarding facility, or a breeding facility.

“Animal menagerie” means a place where wild animals are kept or maintained for any purpose, including places where wild animals are boarded, trained, or kept for hire.

“Approved rabies vaccine” means a rabies vaccine approved by the State of California Department of Public Health.

“Approved veterinarian” means one so designated by the California Department of Agriculture to buy, possess or use tuberculin.

“Boarding facility” means an animal facility used for the care and temporary boarding, including day care, of dogs, cats, and other animals normally kept as pets, in return for money or other consideration. Boarding facility does not include an animal hospital that only boards animals receiving medical treatment.

“Cat” means a cat of any age or gender.

“Competition dog” is a dog used to show, compete, or breed, and is a breed registered with the American Kennel Club (AKC), United Kennel Club (UKC), American Dog Breeders Association (ADBA), or other valid registry approved by the Code Enforcement Officer, and meets one of the following requirements:

(1) Within the last three hundred and sixty-five (365) days, the dog has competed in at least one (1) dog show or sporting competition approved by a national registry or the Code Enforcement Officer;

(2) The dog has earned a conformation, obedience, agility, carting, herding, protection, rally, sporting, working, or other title from a purebred dog registry referenced above or other registry or dog sport association approved by the Code Enforcement Officer; or

(3) The owner or custodian of the dog is a member of a purebred dog breed club, approved by the Code Enforcement Officer, which enforces a code of ethics that includes restrictions on breeding dogs with genetic defects or life-threatening health problems.

“Competition cat” is a cat used to show, compete, or breed, and is a breed registered with the Cat Fanciers Association ("CFA") or other valid registry approved by the Code Enforcement Officer, and meets one of the following requirements:

(1) Within the last three hundred and sixty-five (365) days the cat has competed in at least one (1) cat show approved by a national registry or the Code Enforcement Officer;

(2) The cat has earned a conformation title from a purebred cat registry; or

(3) The owner or custodian of the cat is a member of a purebred cat breed club approved by the Code Enforcement Officer, which enforces a code of ethics that includes restrictions on breeding cats with genetic defects or life-threatening health problems.

“Custodian” for purposes of this chapter is a person who keeps or harbors an animal for at least fifteen (15) consecutive days.

“Disabled veteran” means a veteran with a disability resulting from a disease or injury incurred or aggravated during military service.

“Dog” means a dog of any age or gender.

“Enclosure” means a fence or structure that will prevent the entry of young children and that will confine a potentially dangerous or a vicious dog, in conjunction with other measures that may be required to be taken by the owner or custodian of the dog. The enclosure must be designed to prevent the animal from escaping.

“Grooming parlor/mobile” means any place or vehicle where animals are groomed for consideration.

“Guard or attack dog” means a dog, not residing in a private residence, that is used to protect a person or property.

“Hobby breeder” means a person who owns and breeds a dog or cat and sells the offspring for money or other consideration.

“Impounded” means an animal that has been received into the custody of the City.

“Infectious disease” means and includes any infectious, contagious or communicable disease considered by the Code Enforcement Officer of health services to be dangerous to the welfare of the City of La Puente and to the health of the animals therein, sufficient to warrant putting into effect the provisions of this Section 3.36.020 and his or her rules and regulations.

“Institution” means any school, hospital, rest home, sanitarium, church, club, or any other establishment.

“Large animal” means an animal that weighs two hundred and fifty (250) pounds or more.

“Livestock” includes, but is not limited to, the following: swine, cattle, equines, sheep, goats, llamas, alpacas, poultry, and rabbits.

“Neuter” means surgical removal of both testes.

“Nonprofit humane organization animal facility” means a facility operating under Section 501(c)(3) of the Internal Revenue Code, where animals are kept for redemption by owners, adoption, or sanctuary.

“Person” means any person, firm, company, association or corporation, their agents or employees.

“Person” means and includes an individual, an association of individuals, or other legal entity.

“Pet shop” means a place of business where any animals are sold as pets.

“Potentially dangerous dog” means any of the following:

(1) A dog that on two separate occasions within the prior 36-month period, engages in any unprovoked behavior that requires a defensive action by a person to prevent bodily injury to a person, domestic animal, or livestock, off the property of the owner or custodian of the dog;

(2) A dog that, when unprovoked, bites a person or otherwise engages in aggressive behavior, causing a less severe injury than as defined in subsection (1);

(3) A dog that, when unprovoked, has killed, seriously bitten, inflicted injury, or otherwise caused injury to a domestic animal or livestock off the property of the owner or custodian of the dog.

“Pygmy pig” means a pig or hog commonly referred to as a Vietnamese pot-bellied pig, pygmy pig, or mini-pig, that stands no higher than twenty (20) inches at the shoulder and is no longer than forty (40) inches from the tip of the head to the end of the buttocks, and weighs no more than one hundred and twenty (120) pounds.

“Rooster” means a male chicken that is:

(1) Six (6) months of age or older;

(2) Has full plumage; or

(3) Is capable of crowing.

A “senior citizen’ for purposes of this chapter, means a person who is sixty (60) years of age or older.

“Service Animal” is a guide dog or seeing-eye dog trained by a person licensed under Business and Professions Code section 7200 et seq., including a signal dog, other dog, or miniature horse, trained to do work or perform tasks for the benefit of a person with a disability, including, but not limited to, guiding persons with impaired vision, alerting persons with impaired hearing to intruders or sounds, providing minimal protection or rescue work, pulling a wheelchair, or fetching dropped items.

“Severe injury” means any physical harm to a human being that results in a serious illness or injury, including but not limited to a major fracture, muscle tears, or disfiguring lacerations requiring multiple sutures or corrective or cosmetic surgery.

“Small animal” means an animal that weighs less than two hundred and fifty (250) pounds.

“Vicious dog” means any of the following:

(1) A dog that engages in or has been bred or trained to engage in exhibitions of fighting;

(2) A dog that, when unprovoked, in an aggressive manner, inflicts severe injury on or kills a person;

(3) A dog previously designated as and currently listed as a potentially dangerous dog in the City or Los Angeles County, or to be a dangerous or vicious dog in another jurisdiction, which, after its owner or custodian has been notified of that designation, continues the behavior described in subsections (a) or (b) or is maintained in violation of a stipulation, an administrative decision, a court order, or restrictions placed upon it by another jurisdiction.

“Spay” means surgical removal of both ovaries and the uterus.

“Unaltered” means an animal that has not been spayed or neutered.

“Unlicensed dog or cat’ means any dog or cat that is not currently licensed.

“Wholesale wild animal dealer” means a person who sells wild animals.

“Wild animal” is a nondomestic, exotic, or dangerous animal, including, but not limited to, the following: wild/domestic animal hybrids, other mammals, wildfowl, fish, and reptiles. (Ord. 961, § 2, 2019)

(a) Unless a different penalty is provided for in this chapter, any person violating any provision of the animal control ordinance is guilty of an infraction that is punishable by:

(1) A fine not exceeding one hundred dollars for a first violation;

(2) A fine not exceeding two hundred dollars for a second violation of the same provision within twelve calendar months; and

(3) A fine not exceeding five hundred dollars ($500) for each additional violation of the same provision within twelve (12) calendar months.

(b) Any person violating any of the following sections, or violating any of the chapters or provisions referenced in the following sections, is guilty of a misdemeanor that is punishable as provided for in Section 1.08.010 of Chapter 1.08 of this code. (Ord. 961, § 2, 2019)

(a) License powers. The Code Enforcement Officer shall be vested with the powers and duties of license inspectors and shall have the power to collect the license fees and to issue the animal licenses and tags prescribed herein.

(b) Duties. It is made the duty of the Code Enforcement Officer to enforce any other sections of this Chapter, whether enumerated as a duty or not.

(c) Inhumane Treatment-Enforcement of Local and State Law. The Code Enforcement Officer will enforce the California Penal Code provisions relating to the inhumane treatment of animals, take possession of abandoned or neglected animals, and care for or dispose of the animals in accordance with local and state law.

(d) Incentive Programs. The Code Enforcement Officer has discretion to offer incentive programs to encourage compliance with the dog and cat licensing requirements.

(e) Animals Held for Observation. When authorized by law, the Code Enforcement Officer may pick up or accept and care for any animal to be held for observation by a shelter, veterinarian, or animal care facility with which the City has a contract for services.

(f) Capture and Custody of Animals. The Code Enforcement Officer is authorized to capture and take into custody:

(1) Any unlicensed animal, that is required to be licensed;

(2) Any animal being kept or maintained in violation of a state statute or local ordinance;

(3) Dogs and other animals running at large in violation of a state statute or local ordinance;

(4) Sick, injured, stray, unwanted or abandoned animals;

(5) Unvaccinated dogs in violation of this Chapter;

(6) Animals relinquished to the City;

(7) Animals for which the owner or custodian is unable to care because of imprisonment, illness, bankruptcy litigation, or other contingency, or in cases in which the owner or custodian cannot be found.

(g) The Code Enforcement Officer may designate employees who are authorized to transport and operate tranquilizer gun equipment for use in the capture and seizure of animals.

(h) Responsibility for Animals Kept in Animal Care Centers.

(1) Animals taken into custody by Code Enforcement must be placed in City-designated animal care centers or other appropriate facilities.

(2) An owner or custodian who relinquishes an animal or asks the City to pick up an unwanted animal will be charged an owner-surrender fee as established by resolution of the City Council. An owner or custodian who later redeems the animal will be charged board and care costs.

(3) A person must receive permission from the Code Enforcement Officer, and pay the required fees and charges, before removing an animal from the City's custody.

(i) Dead Animals and Dead Livestock-Pickup from Public and Private Property-Fee-Exceptions.

(1) The Code Enforcement Officer will pick up and dispose of all dead animals and livestock on public highways and on public and private property within the City, when the owner is unknown, or at the request of the animal's owner or other person having custody or control over the animal. The fees for removal services are determined by resolution of the City Council. However, the Code Enforcement Officer is not required to pick up dead animals:

(A) Where a large number of animals have died requiring specialized equipment and/or skills beyond the capability of the City;

(B) In areas that are not reasonably accessible to City staff or equipment.

(2) Dead Animals-Pickup from Businesses or Other Facilities. An animal-related business, such as a pet hospital, nonprofit humane organization animal facility, stable, or veterinary business, or any commercial, industrial, educational, medical, or other facility that deals with animals in connection with its operation, must pay the required fee for the pick up or delivery of a dead animal.

(j) Right of Entry for Inspection. A Code Enforcement Officer, designated City employee, or a law enforcement officer may enter a building or property to inspect the premises only if:

(A) The owner or occupant of the building or property consents to the entry and inspection after the Code Enforcement Officer, authorized City employee, or law enforcement officer presents his credentials and explains the reasons for the entry and inspection; or

(B) The Code Enforcement Officer, authorized City employee, or law enforcement officer obtains a warrant for the entry and inspection of the building or property under sections 1822.50 to 1822.57 of the Code of Civil Procedure; or

(C) The Code Enforcement Officer, authorized City employee, or law enforcement officer has reasonable cause to believe that the keeping of an animal on the property is so hazardous, unsafe, or dangerous that an immediate inspection is necessary to safeguard an animal or public health and safety. Under these circumstances, the employee or officer may use reasonable means to immediately enter and inspect the building or property after presenting his credentials to the owner or occupant and requesting entry, if possible, under the circumstances.

(k) This subsection does not prohibit an authorized Code Enforcement Officer, authorized City employee, or law enforcement officer from entering property in the City's jurisdiction for the purpose of capturing an animal running at large in violation of this Chapter or other applicable law. A person who prevents or obstructs the capture of an animal running at large is guilty of a misdemeanor. (Ord. 961, § 2, 2019)

3. 36.040 Residential Dogs and Cats.

(a) License and registration required. No person owning, having an interest in, or having control, custody or possession of any dog or cat shall fail, neglect, or refuse to license and register such dog or cat, if over four months of age, in compliance with the terms of this chapter.

(b) Procurement of license certificates. The code enforcement officer, is authorized and directed to procure each year such number of license certificates and tags as may be sufficient for use during the year.

(c) It is unlawful to keep more than four dogs at any residence. Each dog must be licensed. For purposes of this section, a service dog licensed under Section 3.36.160 and serving a person who is disabled within the meaning of Government Code section 12926 subsection (i) or (j) is not counted toward the number of dogs kept or maintained.

(d) It is unlawful to keep more than five cats at any residence. Each cat must be licensed and kept primarily indoors.

(e) Individual dog or cat licenses are required at an animal facility for dogs and cats. An individual license must be obtained for each dog or cat when the dog or cat is kept as a pet at an animal facility and is not kept exclusively in a kennel run or cage.

(f) License and fees hobby breeding. A person who is a hobby breeder, as defined in this chapter, must pay the fee for a hobby breeding license under section 3.36.160. Each license authorizes the birth of no more than one litter per household in any 12-month period. Breeding more than one litter per year will result in penalties.

(g) Exceptions from the Domestic Dog and Cat Licensing Requirement. A domestic dog and cat license is not required for:

(1) Any dog or cat that is currently licensed in another jurisdiction;

(2) A dog or cat owned by or in the charge of any person who is not a resident of the city and is in the city for less than 30 days.

(3) Any dog found within the city when the owner thereof resides in any municipality or unincorporated territory within the County of Los Angeles (“County”), and such dog is wearing or has attached to it a license tag for the current year issued by such municipality or county.

(4) Any dog owned by or in the charge of any person who is a nonresident of the City of La Puente and is traveling through the city or temporarily sojourning therein for a period of not exceeding thirty (30) days;

(5) Any dog brought into the City and kept therein for not to exceed 30 days for the exclusive purpose of entering the same in any bench show, or dog exhibition, or field trials or competition;

(6) Any dog brought or sent into the city from any point outside thereof for the exclusive purpose of receiving veterinary care in any dog hospital, in the event that such dog is kept at all times strictly confined within such hospital;

(7) Any dog wearing or having attached to it a license tag for the current year issued by a municipality within the county or by the county when the owner thereof has, within one (1) year last past, moved his/her principal place of residence from such municipality or unincorporated territory of the county to the city; provided, that such municipality or county similarly exempts from tag and license requirements dogs wearing current city license tags and owned by persons who have moved from the city to such municipality or unincorporated territory of the county.

(h) License and license tag for dogs discharged from military service. A license for a dog that has been honorably discharged from the armed forces of the United States is valid for the dog's lifetime, so long as the owner or custodian of the dog keeps its vaccination against rabies current.

(i) Fees payable annually - delinquency charge. License fees must be paid annually. A delinquency charge will be applied when the license fees provided for in this chapter are not paid within thirty (30) days after the license fee is due.

(j) Recordkeeping of tags and licenses. The code enforcement officer will keep a record of the name and address of the animal owner or custodian and the date each license and tag is issued.

(k) License information. The following information must appear on the license receipt: the age of the animal, the date of the last rabies vaccination, and if the license was issued without proof of vaccination, the reason for the exemption.

(l) License and license tag transfer fee. A new owner of a dog or cat that is currently licensed may transfer the existing license to his/her name upon payment of a transfer fee, but a license for a service animal is not transferable.

(m) Replacement of lost or destroyed tags. An animal owner may purchase a replacement license tag if the animal's tag is lost or destroyed.

(n) Tag to be worn by animal. A license tag for an individual animal must be securely attached to a collar, harness, or other device that must be worn at all times by the animal except while the animal is indoors or in an enclosed yard or pen. The license tag attached to an animal must be the tag issued by the City or the County of Los Angeles.

(o) Microchipping of dogs and cats. There is no general requirement that a domestic dog or cat be implanted with an identifying microchip. However, in the event a dog or cat is impounded without the required license or license tag, the animal must be implanted with an identifying microchip and the owner or custodian is required to provide the microchip number to the Code Enforcement Division and to notify the applicable national microchip registry of a change of ownership of the dog or cat, or the owner's change of address or telephone number.

(p) Removing tag and identification prohibited. It is unlawful for an unauthorized person to remove the license tag or other identification from an animal.

(q) Vaccination requirements.

(1) A person keeping or harboring a dog or cat over four months of age in the city's jurisdiction must have the dog or cat vaccinated against rabies by a licensed veterinarian on or before the latest of the following dates:

(A) Fifteen (15) days after first acquiring the dog or cat;

(B) Fifteen (15) days after bringing the dog or cat into the city.

(2) A person keeping or harboring a dog or cat in the city that has been vaccinated against rabies is required to have the dog or cat revaccinated within a period of not more than:

(A) Twelve (12) months after the dog's or cat's initial vaccination if the dog or cat was between three months and one year of age at the time of such vaccination; and

(B) Thirty-six (36) months after each subsequent vaccination.

(3) Certificate of vaccination. A licensed veterinarian in the who vaccinates a dog or cat against rabies must immediately issue a certificate of vaccination signed by the veterinarian to the owner or custodian of the dog or cat, and a duplicate certificate to the Code Enforcement Officer, stating:

(A) The name and address of the owner or custodian of the vaccinated dog or cat;

(B) The type of vaccine used, the name of the manufacturer, the manufacturer's serial or lot number, and the date of the vaccination; and

(C) The breed, age, color, and sex of the vaccinated dog or cat. (Ord. 961, § 2, 2019)

(a) Licensing of businesses using dogs for protection. A business that uses a guard or attack dog, as defined in Section 3.36.010, is required to obtain an animal facility license.

(b) Licensing of dogs used for protection. Every business or person using a guard or attack dog must license each dog with the city; failure to license a guard or attack dog is a misdemeanor.

(c) Inspection of premises required annually. Before the licensing of a dog and business subject to this section, code enforcement must inspect the premises where the dog is working to ensure the adequate housing and care of the dog. The inspection fee must be paid annually.

(d) Licensing information required. The license issued to a business or person subject to this section will include the following information:

(1) The contact information for the premises where the dog is working and the name and contact information of the dog's owner, custodian, or handler;

(2) The name of the dog;

(3) The license identification number and the microchip number of the dog;

(e) The owner, custodian, or handler must visit the dog where it is working at least twice in every twenty-four

(24)-hour period to ensure the health of the dog, that the food and water supply are adequate, and compliance with all other requirements of this chapter. A visit may not be more than twelve (12) hours after the last visit.

(f) Sign required on premises. Clear and legible signs must be posted at each of the entrances to the premises where dogs are licensed under this section, stating that the dog and the location are licensed with the city and the location and telephone number of the nearest animal care center. Failure to post the required sign is a misdemeanor.

(g) Fenced or walled premises required for guard and attack dogs. A person owning or having charge, care, custody, or control of any guard or attack dog is required to confine the dog in an enclosed structure or on property that is enclosed by a fence or wall that is at least five feet high. (Ord. 961, § 2, 2019)

(a) A person may not own, keep, or harbor a dog or cat four months or older in violation of this section. An owner or custodian of an unaltered dog or cat must have the dog or cat spayed or neutered or obtain an unaltered dog or cat license in accordance with the requirements of this chapter.

(b) The owner or custodian of a dog or cat that cannot be spayed or neutered without a likelihood of serious bodily harm or death due to age or illness must obtain written confirmation from a licensed veterinarian. The confirmation must also state when the dog or cat may be safely spayed or neutered. If the dog or cat cannot be spayed or neutered within thirty (30) days of the issuance of the written confirmation of a likelihood of serious bodily harm or death, the owner or custodian must apply for an unaltered dog or cat license.

(c) Unaltered dog license requirements. An owner or custodian of an unaltered dog four months or older must obtain an annual unaltered dog license. The license will be issued if the code enforcement officer has determined that all of the following conditions are met:

(1) The dog is one of the following: a competition dog; a dog used by a law enforcement agency for law enforcement purposes; a qualified service or assistance dog; or a dog that is unable to be spayed or neutered for the reasons stated in subsection (b);

(2) The owner or custodian has submitted the required application and has paid the fee in Section 3.36.160; and

(3) The unaltered dog will be maintained as required by this chapter and applicable state animal care and control laws.

(d) Unaltered cat license requirements. An owner or custodian of an unaltered cat four (4) months or older must obtain an annual unaltered cat license. The license will be issued if the code enforcement officer has determined that all of the following conditions are met:

(1) The cat is one of the following: a competition cat as defined in Section 10.08.085(B) or a cat which is unable to be spayed or neutered for the reasons stated in subsection (b);

(2) The owner or custodian has submitted the required application and has paid the fee required by Section 3.36.160;

(3) The unaltered cat will be maintained as required by the Los Angeles County Code and applicable state animal care and control laws; and

(4) The unaltered cat will be kept indoors or in an outdoor enclosure that prevents other cats from entering.

(e) Denial or revocation of unaltered dog or cat license. The code enforcement officer may deny or revoke an unaltered dog or cat license for any of the following reasons:

(1) The applicant or licensee has not complied with the requirements of subsection (b);

(2) The code enforcement division has received at least one complaint, signed under penalty of perjury, stating that the applicant, custodian, or licensee of an unaltered dog or cat has allowed it to run loose or escape, or has neglected it or another animal;

(3) The applicant or licensee has been cited for violating the La Puente Municipal Code or state law relating to the care and control of animals;

(4) A court or an agency of appropriate jurisdiction has determined that the dog or cat is a nuisance, or that the dog is a potentially dangerous dog or a vicious dog, under the La Puente Municipal Code or state law;

(5) Another unaltered dog or cat license held by the applicant has been revoked;

(6) An unaltered female dog or cat has had more than one litter per year, or five or more litters in her lifetime; or

(7) The license application contains a material misrepresentation of fact.

(f) Re-application for unaltered dog or cat license:

(1) When an unaltered dog or cat license is denied, the applicant may re-apply for a license if the requirements of subsection (b) have been met. The city will refund one-half of the license fee when an application is denied. The applicant must pay the full fee upon re-application.

(2) When an unaltered dog or cat license is revoked, the owner or custodian of the dog or cat may apply for a new license after thirty (30) days if the requirements of subsection (b) have been met. No part of an unaltered dog or cat license fee is refundable when a license is revoked. The applicant must pay the full fee upon re-application.

(g) Appeal of denial or revocation of unaltered dog or cat license.

(1) Notice and request for hearing. The code enforcement officer will mail a written notice to the owner or custodian of the code enforcement officer's intent to deny or revoke the unaltered dog or cat license stating the reason(s) for the denial or revocation. The owner or custodian may request a hearing to appeal the denial or revocation. The request to appeal must be made in writing within ten (10) days after the notice of intent to deny or revoke is mailed. An owner or custodian waives the right to appeal if he or she does not mail or deliver a written request to appeal to the code enforcement officer within ten (10) days after the notice of intent is mailed.

(2) Notice and conduct of hearing. The code enforcement officer will mail a written notice of the date, time, and place for the hearing to the owner or custodian at least ten (10) days before the hearing date. The hearing will be conducted by the code enforcement officer. The hearing will take place within thirty (30) days after the code enforcement division receives the request for a hearing. An owner or custodian who does not appear at the hearing waives the right to a hearing. The hearing will be informal and the rules of evidence will not be strictly observed. The code enforcement officer will mail a written decision to the owner or custodian within ten (10) days after the hearing. The decision of the hearing officer is the final administrative decision.

(h) Transfer, sale and breeding of unaltered dog or cat.

(1) Offer to transfer, sell, or breed unaltered dog or cat. An owner or custodian who offers an unaltered dog or cat for transfer, sale or breeding must include a valid unaltered dog or cat license number with the offer or otherwise confirm compliance with subsection(b).

(2) Transfer of unaltered dog or cat. The owner or custodian of an unaltered dog or cat four months or older, which is not a competition dog or cat as defined in subsection (b), must demonstrate to the Code Enforcement Officer compliance with subsection (b) prior to the transfer, and must notify the code enforcement officer of the name and address of the transferee within ten (10) days after the transfer. The license and microchip numbers must appear on a document transferring the dog or cat to the new owner.

(3) Notification of litter and sale or transfer of puppies and kittens. Within thirty (30) days after a litter is born to a female dog or cat, the owner or custodian of the female dog or cat must advise the code enforcement officer in writing of the number of live born puppies or kittens. When a puppy or kitten younger than four months is sold or otherwise transferred to another person, the owner or custodian must advise the code enforcement officer of the name and address of the new owner or custodian, and the microchip number of the puppy or kitten, if applicable, within ten (10) days after the transfer.

(i) Impoundment of unaltered dog or cat.

(1) The owner or custodian of an impounded unaltered dog or cat may reclaim the unaltered dog or cat if:

(A) The dog or cat is spayed or neutered by a city-designated veterinarian at the owner or custodian's expense; or

(B) The dog or cat is spayed or neutered by another code enforcement officer-approved veterinarian at the owner or custodian's expense. The owner or custodian must pay the city's transportation costs to deliver the dog to the chosen veterinarian. The veterinarian must sign and return a certificate of sterility to the code enforcement officer within ten (10) days after the surgery; or

(C) At the discretion of the code enforcement officer, the owner or custodian agrees to have the dog or cat altered and to submit a certificate of sterility signed by a veterinarian within ten (10) days after the surgery; or

(D) The owner or custodian otherwise demonstrates compliance with subsection (b).

(2) Costs of impoundment.

(A) The owner or custodian of an unaltered dog or cat will be charged for the costs of impoundment, including daily board and care costs.

(B) The costs of impoundment are a lien on the dog or cat. The dog or cat will not be returned to its owner or custodian until the costs are paid. The dog or cat will be deemed abandoned if the owner or custodian does not pay the lien amount within fourteen (14) days after the notice of the lien is personally delivered or mailed to the owner or custodian. (Ord. 961, § 2, 2019)

(a) Initial license application required. A person who seeks to operate an animal facility or to keep a wild animal under this section must file an application with the code enforcement officer and pay the required fee. A person who possessed or owned a wild animal or who operated an animal facility without the required license must pay the penalty owed under Section 3.36.160, in addition to the license fee. When a person applies for licenses for different purposes for animals at the same premises at the same time, the cost of the licenses will be reduced in accordance with the provisions of Section 3.36.160.

(b) Fees for animal facility licenses and wild animal licenses are not refundable.

(c) License requirements-prerequisites to issuance and renewal. The code enforcement officer will inspect the premises and conduct an investigation, at his or her discretion, related to the filing of any license or renewal application. A license will be issued or renewed if the following requirements are met:

(1) The maintenance of the animal or animals at the specified location will not violate any Federal law, state law, or ordinance of the city, or constitute a menace to the health, peace, or safety of the community; and

(2) The applicant has received approval from the planning division that the maintenance of the animal or animals at the specified location will not violate a zoning ordinance or other land-use plan; and

(3) The applicant has not had an animal facility or wild animal license denied or revoked within the city or county within the twelve (12)-month period before the date of the application. However, the code enforcement officer may issue a license within that twelve (12)-month period if the applicant can show that the grounds of the denial or revocation no longer exist.

(d) License-required for certain activities and animals-certain animals exempt. A person, including a new owner of an existing organization or business, cannot conduct or operate an animal facility or keep a wild animal within the city's jurisdiction without first obtaining a license from the code enforcement officer and any other applicable agency. Failure to obtain a license for an animal facility or a wild animal is a misdemeanor. A license is not required for the keeping of the following animals as pets:

(1) Canaries;

(2) Chinchillas;

(3) Chipmunks;

(4) Finches;

(5) Gopher snakes;

(6) Guinea pigs;

(7) Hamsters;

(8) Hawks;

(9) King snakes;

(10) Marmoset monkeys;

(11) Mynah birds;

(12) Parrots, parakeets, amazons, cockatiels, cockatoos, lories, lorikeets, love birds, macaws, and similar birds of the psittacine family;

(13) Pigeons;

(14) Ravens;

(15) Squirrel monkeys;

(16) Steppe eagles;

(17) Toucans;

(18) Turtles;

(19) White doves;

(20) Tropical fish excluding caribe;

(21) Domesticated mice and rats.

(e) Pygmy pigs-Keeping and breeding prohibited.

(1) No person shall keep or maintain or cause to be kept or maintained any pygmy pig on any premises in any zone within the City; provided, however, the provisions of this subsection (e) shall not apply to any pygmy pig that was kept or maintained as a pet on a developed lot in a residential zone as of December 31, 1997, provided that said pygmy pig at all times has a valid animal license issued by the city or county and that proof from a licensed veterinarian has been provided to the city that the pygmy pig has been spayed or neutered.

(2) No person shall breed or cause to be bred any pygmy pig in any zone within the city.

(f) License term. The term of a license covered by this section is twelve (12) months following the date of issue, unless sooner revoked or terminated by the code enforcement officer, or by any of the following actions: the licensee changes the location of the animal facility or the animal for which the license was issued, or the licensee sells, assigns, transfers, or otherwise disposes of the animal facility or animal or his or her interest in the animal facility or animal.

(g) Display of license. The holder of an animal facility license must post the current license in a conspicuous part of the premises. The holder of a wild animal license must attach the current license to the cage or enclosure where the animal is kept.

(h) License issued subject to conditions. If a ground exists to deny a license, the code enforcement officer, in his or her discretion, may issue the license subject to conditions instead of denying the license.

(i) Denial or conditional grant-notice to applicant of right to hearing. The code enforcement officer must mail a written notice to a licensee stating his or her intention to deny a license or grant it subject to new or additional conditions, which will be specified in the notice. The notice must also state that if the applicant wishes to appeal the code enforcement officer's decision, appeal shall be made to the city manager within 14 days after the notice was mailed. The appellant shall serve personally or by first class mail, postage prepaid, notice of the appeal upon the city.

(j) Animal facility license-renewal. An animal facility licensee is required to apply for a renewal license and to pay the fee under Section 3.36.160 before the license expires. A licensee who has not applied for a renewal within thirty (30) days after the license has expired must obtain a new license and pay the applicable fees and penalties.

(k) License suspension or revocation. Every license is granted and accepted by the parties with the express understanding that the code enforcement officer may suspend or revoke the license if warranted, in accordance with the procedure described in subsection (i). The code enforcement officer may suspend the license for up to sixty (60) days before the hearing is held and the decision is made by the City Manager.

A license may be suspended or revoked on any one or more of the following grounds:

(1) Denial of the license would be authorized under existing facts;

(2) The licensee, or any agent or employee of the licensee, has violated a municipal ordinance or a state or Federal law or regulation relating to the operation of an animal related business. The licensee obtained the license by misrepresentation(s).

(l) Re-inspection. If an initial license or renewal fee has been paid within the preceding twelve (12) months, and a re-inspection is necessary to determine compliance with all licensing requirements, or requested for any reason, a re-inspection fee will be charged.

(m) The code enforcement officer may impose or amend license conditions if grounds exist for the revocation of the license. The code enforcement officer will give written notice to the licensee of his intention to impose or amend conditions. Within fourteen (14) days after the notice is mailed, the licensee may submit a written appeal to the City Manager.

(n) License information to be shown. The license must state the name and residence address of the licensee, the address where the animals will be kept, the amount paid for the license, the date the license was issued, and the expiration date. (Ord. 961, § 2, 2019)

(a) Dogs running at large prohibited. A dog must be restrained on a substantial leash not exceeding six feet in length by a person capable of controlling the dog, while on public property or common areas of private property. An owner or custodian of a dog may allow the dog to be unrestrained on private property with the owner's or lessor's consent.

(b) Wild animal(s). A person who owns a wild animal or operates a wild animal facility must properly confine the animal(s) on the premises and must not allow the animal(s) to be at large. A wild animal is not allowed to be taken to any place where it would endanger any person. A violation of this section is a misdemeanor.

(c) Animals allowed to be at large. The code enforcement officer may issue a license to allow a domestic or wild animal to run at large for a legitimate purpose so long as the animal is properly supervised and guarded so that it cannot leave the premises where it is used, and to ensure the public safety. (Ord. 961, § 2, 2019)

(a) Taking up animals. A person finding a stray domestic animal or livestock may take up the animal within four hours, the person must make reasonable efforts to locate the owner, call an animal care center to report the finding of the animal and to ask that it be picked up, or take the animal to an animal care center. The animal must be surrendered to the code enforcement officer upon demand.

(b) Impounded animals - notice to owner. When an animal who has traceable identification is impounded, the code enforcement officer must notify the owner of the whereabouts of the animal within forty-eight (48) hours after receiving the animal. The notification may be made by telephone, letter, or other available means. The owner or custodian of the animal will not be liable for any board or care charges if the code enforcement officer does not give the timely notice required by this section, provided the animal is reclaimed within twenty-four (24) hours after receiving notice.

(c) The city will hold an animal with traceable identification, before adopting it out or otherwise disposing of it, for six business days after it mails or otherwise notifies the owner or custodian of where the animal is. An animal that is irremediably suffering, as determined by a licensed veterinarian, will not be held for six business days.

(d) Redemption of impounded animals. The owner or custodian of an impounded animal may redeem it by paying the fees and charges against it before the adoption or other disposition of the animal.

(e) Impound fees. The impound fee includes the cost of feeding and caring for an animal on the day it was impounded. The owner or custodian will be charged daily board and care costs for each day after the day of impound.

(f) Impounding fees and care costs-veterinary care.

(1) The code enforcement officer may employ a private veterinarian, as necessary, to properly care for and maintain an animal.

(2) When a veterinarian's fee has been incurred for the care or treatment of an animal, the animal will not be released to the owner or custodian until all fees and care costs have been paid.

(g) Impoundment fees not charged when animal taken up unlawfully. An animal unlawfully taken up and impounded will be returned to its owner or custodian without charge or delay.

(h) Release conditions for a dog or cat. A dog or cat may be released to its owner or custodian if it is not under observation for rabies if:

(1) The dog or cat has been microchipped and vaccinated against rabies; or

(2) The owner or custodian has complied with Section 3.36.160; or

(3) The owner signs an order to comply, agreeing to have the dog or cat vaccinated against rabies within ten (10) calendar days.

(i) Abandonment of Impounded Animals. An animal is abandoned to the city if the owner or custodian has not paid the fees and charges against the animal and has not taken possession of it within six business days after code enforcement's mailing or notifying the owner or custodian of the animal's availability.

(j) Proof of proper care required for release of animals. The code enforcement officer will not release a lawfully impounded animal to its owner or custodian, or adopt out an animal unless the person to whom the animal is released agrees to comply with all applicable laws and demonstrates to the satisfaction of the code enforcement officer that the animal will receive the necessary care.

(k) Animal not suitable for adoption. The code enforcement officer may find that an animal is not suitable for adoption if it demonstrates aggressive behavior, has a prior history of aggressive behavior, or is irremediably suffering from a serious illness or severe injury.

(l) Adoption of animals - exchange or refund. A person who adopts a dog or cat may exchange the dog or cat, or apply for a refund, within fourteen (14) days after adoption. If the adoption fee for the value of the substituted dog or cat is greater than the amount paid for the original dog or cat, the adopter must pay the difference.

(m) Vaccination authorized. The city is authorized to provide medical care for impounded animals, including all necessary vaccinations.

(n) Examination for rabies authorized. If the code enforcement officer suspects that an impounded animal has rabies, he or she must hold the animal at an animal care center for examination. After examining the animal, the animal care center may advise the code enforcement officer to hold the animal for further observation.

(o) Release when no rabies found. If the animal care center finds that the animal examined under subsection(n) does not have rabies, the code enforcement officer may release or lawfully dispose of it.

(p) Confinement when rabies found. If the animal care center finds that the animal examined under subsection (n) has rabies, the Code Enforcement Officer must confine it as instructed by the animal care center.

(q) Spaying or neutering - condition of sales. A person who adopts a dog or cat must pay the spay or neuter deposit required under state law. The city will deposit the money received in a trust fund in the city treasury. After the adopted dog or cat has been spayed or neutered, the city will refund the deposit to the adopter upon request. The deposit is forfeited if it is not claimed within sixty (60) days. (Ord. 961, § 2, 2019)

(a) Exemptions. This section does not apply to humane society shelters, public animal care centers or shelters, veterinarians, or to dogs while used by a law enforcement officer in the performance of police work.

(b) Right of entry and inspection. An authorized employee or agent of the city or a law enforcement officer may enter and inspect private property in the manner as set forth in Section 3.36.070. Upon inspection, the city may act to enforce the provisions of this chapter.

(c) Authority to seize and impound animal posing an immediate threat to public safety.

(1) An animal control or law enforcement officer may seize and impound a dog at large when probable cause exists that the dog poses an immediate threat to public safety. The owner or custodian of the dog is liable for the impound fee and costs if the dog is determined to be potentially dangerous or vicious. The fees and costs must be paid before the release of the dog, but no later than fourteen (14) days after the dog is available to be released.

(2) When a dog has been impounded under subsection (a) and it is not contrary to public safety, the code enforcement officer may allow the animal to be confined at the owner's expense in a city-approved animal or veterinary facility.

(d) Initial administrative review by code enforcement officer of potentially dangerous dog. If grounds exist, the code enforcement officer may impose conditions on the keeping of a potentially dangerous dog in lieu of serving a petition to determine if the dog is potentially dangerous. The code enforcement officer will give written notice to the dog owner or custodian of his intention to impose conditions on the keeping of the dog. Within fourteen (14) days, the owner or custodian may agree to the designation of potentially dangerous dog and to the conditions or may submit a written request for a hearing as provided in this chapter.

(e) Potentially dangerous or vicious dog hearing.

(1) If a code enforcement officer or a law enforcement officer has investigated and determined that there exists probable cause to believe that a dog is potentially dangerous or vicious, the code enforcement officer shall set a hearing for the purpose of determining whether or not the dog in question should be declared potentially dangerous or vicious.

(2) The code enforcement officer shall notify the owner or keeper of the dog that an administrative hearing will be held by the city, at which time the owner may present evidence as to why the dog in question should not be declared potentially dangerous or vicious.

(3) The owner or custodian of the dog shall be served with notice of the hearing, either personally or by first class mail, or by certified mail at the owner's last known address, not less than five days before the time set for hearing. Service shall be deemed complete at the time notice is personally served or deposited in the mail.

(4) Failure of any person to receive notice shall not affect the validity of any proceedings under this chapter.

(5) The hearing shall be open to the public.

(6) The City Manager or designee shall conduct the administrative hearing.

(7) Notice shall be substantially in the form set forth below:

Notice of Administrative Hearing re: Determination and Disposition of Potentially Dangerous or Vicious Dog. This is a Notice of Hearing before the La Puente City Manager or his designee, to determine whether your dog (name of dog-describe if available) is a potentially dangerous or vicious dog. If your dog is found to be a potentially dangerous and/or vicious dog as defined by La Puente Municipal Code chapter 3.36, the City Manager or other person designated as Hearing Officer, may issue any one or more of the following orders:

(1) The dog shall be properly licensed and vaccinated;

(2) The dog shall be maintained on owner's property and shall, at all times, be kept indoors, or in a securely fenced yard from which the dog cannot escape, and into which children cannot trespass. The dog may not be off the owner's premises unless it is restrained by a substantial leash, of appropriate length, and if it is under the control of a responsible adult;

(3) If the dog in question dies or is sold, transferred or permanently removed from the City, the owner shall notify the City of the changed condition and new location of the dog within two days in writing;

(4) The dog shall be destroyed;

(5) Owner shall pay any and all costs incurred by the City in the administration of Law Puente Municipal Code chapter 3.36, including, but not limited to, costs incurred by the City for housing, maintenance, feeding and providing care, including medical care, of the dog during such time as the dog is in the custody of the City.

(f) Administrative hearing by City Manager.

(1) At the time stated in the notice, the City Manager or his or her designee, hereinafter referred to as Hearing Officer, shall hear and consider all relevant evidence, objections or protests and shall receive testimony under oath relative to the alleged potentially dangerous and/or vicious animal. The hearing officer may admit into evidence all relevant evidence, including incident reports and affidavits of witnesses. The hearing officer may find, upon a preponderance of evidence, that the dog in question is potentially dangerous or vicious and may make other orders authorized by this chapter. The hearing may be continued from time to time.

(2) If the hearing officer finds by a preponderance of evidence that the animal which is the subject of the hearing is potentially dangerous and/or vicious, the hearing officer shall prepare findings and an order, which shall specify and make specific orders with respect to the dog as authorized by this chapter. A copy of the findings and order shall be served on the owner of the dog in accordance with the provisions of subsection(e).

(g) Appeal procedure. After the hearing is conducted pursuant to this chapter, the owner/keeper of the dog shall be notified in writing of the determination and orders issued, either personally or by first class mail postage prepaid. If a determination is made that the dog is potentially dangerous or vicious, the owner or keeper shall comply with those orders made by the hearing officer. If the owner or keeper of the dog contests the determination of the hearing officer, he or she may, within five days of receipt of the notice of determination, appeal the decision of the hearing officer. Appeal shall be made to the City Manager. The appellant shall serve personally or by first class mail, postage prepaid, notice of the appeal upon the city.

(h) Consequences of potentially dangerous dog determination. The following conditions apply to a dog determined to be potentially dangerous:

(1) The dog must be properly licensed, microchipped, and vaccinated at the owner or custodian's expense before it is released to the dog's owner or custodian. If the dog was not impounded, the dog owner or custodian must provide proof that the dog is licensed, microchipped, and vaccinated within fourteen (14) calendar days after the decision or court order declaring the dog to be potentially dangerous is served on the dog owner or custodian. The city may include the designation in the registration records of the dog after the court or the hearing officer has determined that the designation applies to the dog.

(2) The dog, while on the owner or custodian's property, must be kept indoors or in a securely fenced yard or enclosure from which the dog cannot escape, and into which children cannot enter. The city must inspect and give written approval of the yard or enclosure before the dog is released to its owner or custodian. If the dog was not impounded, the code enforcement officer must inspect and give written approval of the yard or enclosure within fourteen (14) calendar days after the decision or court order declaring the dog to be potentially dangerous is served on the dog owner or custodian.

(3) The dog may be off the owner or custodian's premises only if it is muzzled and restrained by a substantial leash, not exceeding six feet in length, and if it is under the control of an adult capable of restraining and controlling the dog. At no time may the dog be left unattended while off the owner or custodian's premises.

(4) The owner or custodian of the dog must notify code enforcement immediately if the dog is at large or has committed an attack on any person, domestic animal, or livestock. If the dog no longer resides with the owner or custodian, or the dog is transferred to another person(s), the owner or custodian must advise the code enforcement officer of the dog's new location in writing under penalty of perjury, and provide a copy of the administrative decision or court order declaring the dog to be potentially dangerous to the new owner and custodian. Each subsequent owner or custodian must provide each new owner and custodian with a copy of the administrative decision or court order during the effective period of the decision or court order. Likewise, if the dog is moved to another jurisdiction, the owner or custodian is required to provide the animal control authorities in the new jurisdiction with a copy of the administrative decision during the effective period of the decision.

(5) The owner or custodian of the dog must complete an obedience course for a minimum of ten hours of training with the dog, at the owner or custodian's expense within sixty (60) calendar days after release of the dog to the owner or custodian. The course must be approved by the code enforcement officer before the release of the dog to the owner or custodian. If the dog was not impounded, the dog owner or custodian must obtain approval of the course by the code enforcement officer within (14) calendar days after the decision or court order declaring the dog to be potentially dangerous is served on the dog owner or custodian.

(6) The dog must be spayed or neutered at the expense of the owner or custodian before the release of the dog to its owner or custodian. If the dog was not impounded, the dog owner or custodian must provide proof that the dog has been spayed or neutered within thirty (30) calendar days after the decision or court order declaring the dog to be potentially dangerous is served on the dog owner or custodian.

(7) The owner or custodian of the dog may be required to maintain general liability insurance covering property damage and bodily injury caused by a potentially dangerous or vicious dog, with a combined single limit of three hundred thousand ($300,000) per occurrence. If required to maintain insurance, the owner or custodian must show proof of insurance within fourteen (14) calendar days after the decision or court order declaring the dog to be potentially dangerous is served on the dog owner or custodian.

(8) All charges for services performed by the city and all fines must be paid before the release of the dog to its owner or custodian or within fourteen (14) calendar days after the services are performed or the charges and fines are ordered to be paid. If the owner or custodian does not take possession of the dog and pay the charges and fines within fourteen (14) calendar days after the services are performed or the fines are ordered to be paid, the dog will be deemed abandoned and may be disposed of by the city.

(9) If the determination that a dog is potentially dangerous under subsection (f) is made after a court hearing, the judicial officer must impose a fine on the owner and/or custodian of up to five hundred dollars ($500) for each separate basis upon which the determination was made. The fine will be paid to the city to defray the costs of the implementation of this chapter.

(10) A judicial officer or administrative hearing officer may impose other reasonable conditions that are necessary to protect the public safety and welfare.

(i) Consequences of vicious dog determination.

(1) A dog determined to be a vicious dog may be destroyed by the city when it is found, after a hearing conducted under subsection (f), that the release of the dog would create a significant threat to the public health, safety, or welfare.

(2) If it is determined that a dog found to be vicious will not be destroyed, the hearing officer must impose the conditions on an owner and custodian of potentially dangerous dogs required by subsection (h), the conditions required by this section, and any other conditions necessary to protect the public health, safety, or welfare.

(3) The enclosure that is required by subsection (h) must be an enclosure that is enclosed on all sides and is locked by a padlock. It may be required to have a top and a cement floor. The enclosure must be approved by the code enforcement officer in writing before the release of the dog to the owner or custodian. If the dog was not impounded, the dog owner or custodian must obtain the written approval of the city within fourteen (14) calendar days after the decision or court order declaring the dog to be vicious is served on the dog owner or custodian.

(4) The owner or custodian of a vicious dog must give written notice of the vicious dog determination to the United States Post Office (local branch) and to all utility companies providing services to the premises where the dog is kept. The owner or custodian must provide a copy of the notices to the Code Enforcement Officer before the release of the dog from impound. If the dog was not impounded, the dog owner or custodian must provide a copy of the required notices to the Code Enforcement Officer within fourteen (14) calendar days after the administrative hearing or court determination declaring the dog is vicious.

(5) The owner or custodian of the dog must post one or more signs on the premises, at a location(s) approved by the code enforcement officer, stating that a vicious dog resides on the premises. The sign(s) must be posted within 14 calendar days after the decision or court order declaring the dog to be vicious is served on the owner or custodian.

(6) If the determination that a dog is vicious is made after an administrative hearing, the Hearing Officer must impose a fine on the owner and/or custodian of up to one thousand ($1,000) for each separate basis upon which the determination was made. The fine must be paid to the City of La Puente to defray the cost of the implementation of this chapter.

(7) The owner or custodian of a dog determined to be a vicious dog may be prohibited from owning, keeping, possessing, controlling, or having custody of any dog for a period of up to three years, if it is found at the hearing that ownership or possession of a dog by that person would create a significant threat to the public health, safety, or welfare.

(j) Compliance with Conditions and Consequences of Violation of Conditions.

(1) The hearing officer who heard the petition to determine if a dog is potentially dangerous or vicious may schedule follow-up hearing dates to ensure compliance with all conditions imposed.

(2) Consequences that may result from the failure of an owner or custodian of a dog released after a hearing pursuant to this section to comply with any of the conditions imposed under subsections (h) or (i) include, but are not limited to, the following:

(A) The failure to comply with any condition is a misdemeanor punishable by a fine not exceeding one thousand dollars ($1,000) or by imprisonment for a period not to exceed six months, or by both the fine and imprisonment;

(B) A violation of any part of an administrative decision may be the subject of a civil action for injunctive relief to enjoin the person who violated the decision or order. The filing and prosecution of an action for injunctive relief does not limit the authority or ability of the city to take any other action permitted by law;

(C) A violation of an administrative decision following a determination that a dog is potentially dangerous, may result in the filing of an action to determine if the dog is vicious under subsection (f).

(k) Removal of designation. A vicious dog determination under this section may be removed after one year if the dog is two (2) years of age or older and the owner or custodian demonstrates to the code enforcement officer that the dog poses no threat to people or animals.

(l) Exceptions. No dog may be declared potentially dangerous or vicious if:

(1) The injury or damage is sustained by a person who, at the time the injury or damage was sustained, was committing a willful trespass or other tort upon premises occupied by the owner or custodian of the dog, or was teasing, tormenting, abusing, or assaulting the dog, or was committing or attempting to commit a crime;

(2) The dog was protecting or defending a person from an unjustified attack or assault within the immediate vicinity of the dog;

(3) The injury was sustained by an animal that, at the time of the injury, initiated an attack against the dog;

(4) The injury was sustained by an animal while the dog was working as a hunting, herding, or predator-control dog while under the control of its owner or custodian and the injury was to a type of animal appropriate to the work of the dog.

(m) Infraction/misdemeanor penalty for dog bites. An owner or custodian of a dog who allows a dog to be uncontrolled or at large on public property, on the private property of another person, or on common areas of private property is guilty of an infraction, or a misdemeanor if the dog injures a person or a domestic animal or livestock. (Ord. 961, § 2, 2019)

(a) A person who owns an animal or who owns or operates an animal facility, must comply with each of the following conditions, the failure of which is a misdemeanor:

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

(2) All animals must be supplied with sufficient food and water suitable for the age, species, and nutritional requirements of the animal. Animals must have access at all times to potable water, unless otherwise directed by a veterinarian. All animal food must be properly stored to prevent contamination, infestation by vermin, and exposure to the elements.

(3) Animals must be groomed and kept in a manner that is not injurious to their health. All animal buildings or enclosures must be maintained in a clean and sanitary condition to control odors and prevent the spread of disease.

(4) All animals must be maintained in a manner to eliminate excessive and nighttime noise.

(5) No animals may be without attention for more than twelve (12) consecutive hours; whenever an animal is left unattended at a commercial animal facility, the telephone number of the code enforcement division, or the name, address, and telephone number of the responsible person, must be posted in a conspicuous place at the front of the property.

(6) Animals may not be neglected, teased, abused, mistreated, annoyed, tormented, or in any manner made to suffer.

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

(8) Tethering of animals is prohibited except as permitted under California Health and Safety Code Section 122335.

(9) Animal buildings and enclosures must be constructed and maintained to prevent escape of animals. All reasonable precautions must be taken to protect the animals and the public.

(10) An animal facility must isolate sick animals so as to not endanger the health of other animals.

(11) A building or enclosure for animals must be kept in a sanitary condition and in good repair and must be constructed of material easily cleaned. The building must be properly ventilated to prevent drafts and to remove odors. Heating and cooling must be provided to meet the physical need of the animals, with sufficient light to allow observation of the animals and proper sanitation. An animal facility must be equipped with working smoke alarms and have means of fire suppression, such as a sprinkler system in each room where animals are kept, or functioning fire extinguishers.

(12) An animal must be taken to a veterinarian for examination or treatment if the code enforcement officer orders the owner or custodian to do so.

(13) All animal enclosures, including, but not limited to, rooms, cages, and kennel runs, must be of sufficient size to provide adequate and proper accommodations for the animals housed there. An enclosure with a wire bottom may be used temporarily for dogs, and only if it complies with Health and Safety Code Sections 122065 and 122065.5. If enclosures, such as crates and other mobile enclosures, are stacked upon one another, or on a surface other than the floor, the crates/enclosures must be securely fastened and designed and arranged so that: there is no danger of an enclosure falling; the animals do not have direct access to one another; and waste from one enclosure cannot be transmitted to another enclosure. Food and water containers must be secured to prevent spillage. Crates may be stacked no more than two crates high.

(14) A violation of an ordinance must be corrected within the time specified by the code enforcement officer.

(15) Proper shelter and protection from the weather must be provided at all times.

(16) An animal must not be given any alcoholic beverage, unless prescribed by a veterinarian.

(17) Animals that are natural enemies, temperamentally unsuited or otherwise incompatible, must not be housed together, or so near each other as to cause injury, fear, or torment. Two (2) or more animals can be housed together if they do not harm each other.

(18) Any tack, equipment, device, substance, or material that is, or could be, injurious or cause unnecessary cruelty to any animal may not be used.

(19) Working animals must be given adequate rest periods. Confined or restrained animals must be given appropriate exercise.

(20) An animal that is weak, exhausted, sick, injured, lame, or otherwise unfit may not be worked or used.

(21) An animal that the city has suspended from use may not be worked or used until released by the city.

(22) Animals bearing evidence of malnutrition, ill health, unhealed injury, or having been kept in an unsanitary condition may not be displayed.

(23) An animal whose appearance is or may be offensive or contrary to public decency may not be displayed.

(24) No animal may be allowed to constitute or cause a hazard, or be a menace to the health, peace, or safety of the community.

(25) A person may not violate any condition imposed by the code enforcement officer on any license issued by the code enforcement division.

(26) Transporting Dogs in Open Vehicles Prohibited When, Section 10.80.010.

(b) It is unlawful for a person to transport any dog in or on the back or bed of any open truck or other open vehicle while traveling on any city road, street, highway, lane, or alley, unless the dog is cross tethered to a harness or the back or bed of the vehicle is partially enclosed by stakes, racks, or other similar devices that rise at least two feet, nine inches above the tops of the sides and back of the vehicle, and are designed to prevent the dog from falling or escaping from the vehicle.

(c) Sale of live animals prohibited at swap meet. Live animals may not be displayed, sold, or promoted for sale at a swap meet. "Live animal" includes, but is not limited to, dogs, cats, birds, fish, poultry, rabbits, and livestock.

(d) Sale of animals on shelter property. Animals may not be sold or otherwise transferred to another person at animal care centers unless authorized by the code enforcement officer.

(e) Records required for each animal at animal facilities.

(1) A person who has an animal facility license must keep available for inspection on the premises the following records:

(A) The name and current contact information of the owner of each animal kept at the animal facility;

(B) The date the animal entered and left the animal facility, including any animal that died while at the facility;

(C) The reason that the animal was at the facility, such as for boarding, sale, breeding, or grooming;

(D) The description of the animal, including its age, breed, sex, color, and other available identifying information, such as an animal license number, tattoo, or microchip registration number.

(f) A current, valid rabies certificate must be maintained for every dog and cat older than four months of age while the dog or cat is kept at the animal facility.

(g) Any animal facility selling dogs and/or cats to the public must post a notice containing the breeder's name, address, and license number on each dog or cat's cage. If the breeder's name is not known, the name and address of the person from whom the dog or cat was obtained must be displayed.

(h) A violation of any requirement of this section is a misdemeanor.

(i) Excessive animal noise.

(1) Excessive noise. It is unlawful for an owner or custodian of an animal to allow the animal to emit any excessive noise after the code enforcement officer has issued a written warning notice of an excessive noise complaint. For purposes of this section, the term "excessive noise" means a noise that is unreasonably annoying, disturbing, offensive, or that unreasonably interferes with the comfortable enjoyment of life or property. An owner or custodian who fails to abate the noise within ten (10) days after the warning is mailed may be cited.

(2) Complaints. All complaints to the code enforcement officer regarding violations of subdivision a. must be made in writing, signed under penalty of perjury, and must include the name, address, and telephone number of the complainant(s), as well as the address of the animal owner or custodian and a description of the noise, including the date(s) and approximate times of the excessive noise.

(3) Administrative citation. Violators of this section are subject to citation under this chapter 3.36, and to any other applicable penalties.

(j) Animal nuisance.

(1) Definition. An animal nuisance arises when an animal bites or otherwise injures a person, attacks other animals, is repeatedly at large, damages and/or strays on private or public property, or otherwise interferes with the comfortable enjoyment of life or property.

(2) Violation. When the code enforcement officer receives a complaint of an animal nuisance, it will issue a written notice to the owner or custodian of the animal advising of the nuisance and ordering the owner to correct the nuisance. An animal owner or custodian who fails to immediately correct the animal nuisance after receiving written notice from the code enforcement officer is guilty of a misdemeanor.

(k) Waste removal. A person who owns or has custody of a dog (except a visually-impaired person with a guide dog) is required to remove the dog's feces immediately from public property or private property not owned or possessed by the owner or custodian of the dog. The dog's feces must be disposed of in a sanitary manner. A violation of this section is an infraction punishable by a fine of up to one hundred dollars ($100).

(l) Wild animals-enclosure requirements. Wild animals must be maintained in buildings, enclosed yards, paddocks, or cages, as specified by the code enforcement officer, and must be kept at distances from adjacent buildings as specified in applicable zoning and health code laws.

(m) Transportation of wild animals. A person transporting a wild animal through the City of La Puente must take adequate precautions to protect the public, and must notify the code enforcement officer if an animal escapes.

(n) Liability of animal care facilities for acts of employees. An act or omission of an employee of a city-approved animal care facility in caring for animals is assumed to be an act or omission of the animal care facility. (Ord. 961, § 2, 2019)

(a) General requirements.

(1) Dog breeding license. A dog breeding license is an animal facility license issued to a person who breeds dogs commercially. A person applying for a dog breeding license must comply with all licensing requirements set forth in this chapter, all other applicable ordinances, and all federal and state laws, including, but not limited to, Health and Safety Code Section 122045, et seq. Approval from the code enforcement officer may be required. The size category of the dog to be bred (Adult size: 1-20 lbs.; 21-50 lbs.; 51-100 lbs.; and 101+ lbs.) and the number of dogs to be housed at the facility will be stated on the license. A change in the size category of dogs bred requires re-inspection and a new license application.

(2) Each license shall authorize the whelping of no more than one (1) litter per female dog in any twelve (12)-month period and no more than one litter per domestic household in any twelve (12)-month period.

(3) Breeding facilities housing fifty (50) or fewer sexually intact dogs over the age of one year. An animal facility may not have more than a total of fifty (50) sexually intact dogs over the age of one (1) year, unless it meets the requirements of Subsection (a)(3) below. An animal facility having 50 or fewer dogs must have adequate staffing on the premises of the animal facility to attend to the dogs at least eight hours in every twenty-four (24)-hour period, so long as the dogs are not left unattended for longer than twelve (12) continuous hours. Whenever the dogs are left unattended, the name, address, and telephone number of the responsible person, must be posted in a conspicuous place at the front of the property.

(4) Breeding facilities housing fifty-one (51) or more sexually intact dogs over the age of one year. The code enforcement officer may approve an application for fifty-one (51) or more dogs if the applicant complies with the following additional requirements:

(A) Facilities with fifty-one (51) or more sexually intact dogs over the age of one year will be re-inspected more frequently. The number of re-inspections per year is determined by the number of dogs housed in the facility:

i. Fifty-one (51) to seventy-five (75) dogs: one (1) annual re-inspection;

ii. Seventy-six (76) to one-hundred (100) dogs: two (2) annual re-inspections;

iii. One hundred and one (101) through one hundred and twenty-five (125) dogs: three (3) annual re-inspections;

iv. One hundred and twenty-six (126) through one hundred and fifty (150) dogs: four (4) annual re-inspections;

v. One-hundred and fifty-one (151) dogs or more: five (5) annual re-inspections.

(B) The animal facility demonstrates that it is able to house and care for the number of dogs in compliance with the requirements of this section and all applicable requirements of Chapter 3.36;

(3) The animal facility provides a written medical program, approved by a California licensed veterinarian, to prevent and control illness and parasitism. The program must include a regular de-worming schedule and a regular vaccination schedule against commonly transmitted canine diseases, and must be updated annually;

(4) The animal facility maintains records on site, demonstrating that an annual veterinary examination has been performed on each intact male or female dog over one year of age. The record of each exam must reflect that a physical exam consisting of auscultation and palpation, and a visual evaluation of the dog including eyes, ears, mouth and general body condition was performed. The record of each exam must also include the weight, temperature, heart rate, respiration, any significant medical findings relating to the dog's condition, and any recommendations for treatment;

(5) The animal facility obtains approval from the Code Enforcement Officer of an emergency response plan, which is updated annually; and

(6) The animal facility maintains adequate staffing at the facility eighteen (18) hours a day to attend to the animals. Whenever an animal is left unattended, the name, address and telephone number of the responsible person, must be posted in a conspicuous place at the front of the property.

(b) Health of breeding dogs.

(1) A female unaltered dog must be at least twelve (12) months old before being bred. Records of litters birthed are required to be maintained pursuant to subsection (c) below;

(2) Offspring may not be removed from the premises earlier than eight weeks of age except for medical reasons ordered by a California licensed veterinarian. The order must be in writing, state the medical reason for early separation, and be provided to the city, if requested, up to two (2) years after its issuance.

(c) Housing requirements. The housing for the animals must comply with Section 3.36.150;

(1) Each pregnant dog must be housed separately at least three (3) days before giving birth and be monitored at reasonable intervals;

(2) A dog who has just given birth must be provided with a contained nesting area and housed with her litter in their own run or enclosure until the newborns are weaned.

(d) Dog Identification and Recordkeeping. The following current records must be maintained and produced upon request to determine licensing compliance or for any other purpose relating to the public health, safety, or welfare. These records must be provided to a purchaser of any dog sold or transferred to another person by the facility:

(1) All dogs must be microchipped or tattooed upon reaching the age of four months or prior to sale or transfer, whichever is earlier. Microchip and tattoo records must be kept for all dogs.

(2) In addition to the records required by California Health and Safety Code Sections 122050 and 122055 relating to dogs, breeding facilities must keep the following records for all dogs: the date and from whom the dog was acquired; the date of each litter birthed by each female animal; veterinary records; and the cause of death and the method of disposal.

(3) Knowingly providing false information or records relating to any animal is a misdemeanor.

(e) Reasonable restrictions on the breeding of animals other than dogs. Breeders of animals, other than dogs, that are normally kept as pets for sale or exchange in return for consideration, must comply with all applicable requirements of this chapter. In addition, the code enforcement officer may impose reasonable conditions on a breeding license, including a limitation on the number of animals permitted at a facility, and may impose recordkeeping requirements, in the interest of the health and safety of the public and of the animals.

(f) Noncompliance-penalties. The penalties for violations of any provision of this section are as follows:

(1) First violation. A first violation is an infraction punishable by a fine of up to two-hundred and fifty dollars ($250). If the owner or custodian fails to correct the underlying cause of the violation within thirty (30) days after being notified of the violation, it is a second violation.

(2) Second violation. A violation within a year of a first violation is a second violation. A second violation is a misdemeanor punishable by imprisonment in the county jail for up to six months or by a fine of up to one-thousand dollars ($1,000), or both. Each subsequent violation within one year of the first violation is an additional misdemeanor.

(g) Noncompliance-injunctive relief. Any act or failure to act in violation of this section may be the subject of a civil action to ensure compliance. The filing and prosecution of an action will not limit the authority or ability of the county to enforce the requirements of Section 10.40.200 or to impose penalties or take any other action permitted by law. (Ord. 961, § 2, 2019)

(a) All veterinarians, all persons in charge of kennels and all persons making a business of having charge, custody or control of animals, who have knowledge of or have reason to suspect that an animal is infected with tuberculosis, glanders, anthrax, rabies, actinomycosis, cysticercosis, trichinosis, tuleraemia and coccidiosis, or any other infectious disease which might become epidemic and transmissible to mankind, shall, within twenty-four (24) hours, report to the Code Enforcement Officer the following facts:

(1) The name and address of the owner of the animal;

(2) The number of animals infected;

(3) The probable source of infection;

(4) The steps taken for control; and

(5) The name and address of the person making the report.

(b) The Code Enforcement Officer shall supply appropriate forms on which such reports can be made.

(c) In the case of tuberculosis the person making the report shall, in addition to the form prescribed in subsection (a), send to the Code Enforcement Officer a copy of the tuberculin test as prescribed by the State Department of Agriculture. (Ord. 961, § 2, 2019)

(a) Signs identifying premises and owner required. Every person maintaining an apiary on premises other than that of his or her residence shall identify such apiary by affixing a sign thereto showing the name of the owner or person in possession of the apiary, his address, his telephone number, if any, and if there is no telephone, a statement of that fact.

(b) Signs on hives-location and description. Persons designated in subsection (a) shall affix the required sign on the longer side of the hive or longer side of the super, prominently located on the entrance side of the apiary, and shall at all times maintain such sign thereon. Such signs shall be in black letters at least one inch in height on white or other contrasting color.

(c) Signs on hives-lettering. The lettering of signs required by subsection (b) shall be printed or stenciled, or equivalent there to, in black paint or black ink. (Ord. 961, § 2, 2019)

(a) It is unlawful to feed a nondomesticated rodent or nondomesticated mammalian predator as defined in this section, unless:

(1) The person is the owner of the animal and the animal is kept in accordance with the requirements of the State Department of Fish and Wildlife; or

(2) After notifying the responsible agency to pick up the animal, the person provides food to a trapped or injured animal.

(b) For purposes of this chapter:

(1) “Rodent” includes ground squirrels;

(2) “Mammalian predators” include coyotes, raccoons, foxes, and opossums.

(c) A violation of this section is a misdemeanor. (Ord. 961, § 2, 2019)

Licensing fees shall be established by City Council resolution. (Ord. 961, § 2, 2019)