Lancaster Municipal Code Ch. 6.04 Animal Control Regulations

Footnotes:

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Editor's note— Ord. No. 914, § 1, adopted January 27, 2009, repealed the former Chapter 6.04, §§ 6.04.010—6.04.030, and enacted a new Chapter 6.04 as set out herein. The former Chapter 6.04 pertained to similar subject matter and derived from prior code §§ 3-4.1—3-4.3; Ord. No. 731, §§ 1, 2, 1997; Ord. No. 789. § 1, 2001 and Ord. No. 795, § 1, 2001

A. Subject to the amendments contained in this Chapter, Title 10 of the Los Angeles County Code ("Animals"), in affect as of January 1, 2009 and any subsequent amendments thereto, are hereby adopted and incorporated herein by reference, and may be cited as the "County Animal Control Ordinance." A copy of said Title 10 is on file in the office of the city clerk and shall be at all times maintained by the city clerk for use and examination of the public.

B. In the event there are any inconsistencies between the county animal control ordinance and this chapter pertaining to animal control, the latter shall prevail.

C. In the event there are any inconsistencies between the county animal control ordinance and the city's zoning ordinance relating to the keeping of animals, the latter shall prevail.

(Ord. No. 938, §§ 1, 2, 12-8-2009; Ord. No. 914, § 2(Exh. A), 1-27-2009)

Notwithstanding the definitions provided in Chapter 10.08 of the county animal control ordinance, whenever any of the following names or terms is used in the county animal control ordinance and this chapter, each such name or term shall be deemed or construed to have the meaning ascribed to it in this section as follows:

"Approved obedience course" means a course of instruction taught by a trainer with at least five years teaching experience. At the end of the class the dog must successfully demonstrate "sit," "down," "stay," "walk politely on leash," and "come." Further proof must be demonstrated by a certificate of completion of the American Kennel Club's Canine Good Citizen Test or American Temperament Test Society test.

"Board of supervisors" shall mean either the county board of supervisors or the city council of the City of Lancaster, as applicable.

"City" shall mean the City of Lancaster.

"City clerk" shall mean the city clerk of the City of Lancaster.

"City council" shall mean the city council of the City of Lancaster.

"Code" shall mean the Lancaster Municipal Code.

"County" or "County of Los Angeles" or "unincorporated territory of Los Angeles County" shall also include the City of Lancaster.

"Hearing officer" means an independent hearing officer appointed by the city.

"Investigating officer" means an animal control officer, law enforcement officer or qualified person designated by the city manager of the city.

"Owner" shall mean any person who holds the license to the animal, or if the animal is not licensed, the person legally entitled to possession of the animal, or any person with primary responsibility for the care of the animal. An owner shall also include any adult person who has possession of, or who exercises control over, an animal.

(Ord. No. 938, §§ 1, 2, 12-8-2009; Ord. No. 914, § 2(Exh. A), 1-27-2009)

Notwithstanding the provisions of Section 6.04.010 of this chapter, the following provisions of the county animal control ordinance are in applicable in the City of Lancaster: Section 10.20.185 ("Microchipping of dogs required"); and Part 4 of Chapter 10.20 (commencing with Section 10.20.350) ("Mandatory spay and neuter program for dogs").

(Ord. No. 938, §§ 1, 2, 12-8-2009; Ord. No. 914, § 2(Exh. A), 1-27-2009)

Notwithstanding the provisions of Section 6.04.010 of this chapter, the following provisions of Chapter 10.37 of the county animal control ordinance for purposes of enforcement within the city are amended as follows:

A. Section 10.37.020 of the county animal control ordinance is hereby amended to read as follows:

10.37.020 Potentially Dangerous Dog.

Potentially dangerous dog means any of the follows:

A. Any dog which, when unprovoked, on two or more occasions during any 36-month period, engages in any behavior that requires a defensive action by any person to prevent bodily injury when the person and the dog are off the property of the owner or custodian of the dog;

B. Any dog which, when unprovoked, bites a person or otherwise engages in aggressive behavior, causing a less severe injury than as defined in Section 10.37.040;

C. Any dog which, when unprovoked, has killed, seriously bitten, inflicted injury, or otherwise caused injury to a domestic animal off the property of the owner or custodian of the dog.

B. Section 10.37.030 of the County Animal Control Ordinance is hereby amended to read as follows:

"Vicious dog" means any of the following:

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

B. Any dog that engages in or has been found to have been trained to engage in exhibitions of fighting;

C. Any dog which, when unprovoked, in an aggressive manner, inflicts severe injury on or kills a person;

D. Any dog previously determined to be and currently listed as a potentially dangerous dog which, after its owner or custodian has been notified of this determination, continues the behavior described in Section 10.37.020 or is maintained in violation of Section 10.37.130.

C. Section 10.37.110 of the County Animal Control Ordinance is hereby amended to read as follows:

10.37.110. Potentially Dangerous or Vicious Dog Hearing.

If an investigating officer has investigated and determined that there exists probable cause to believe that a dog is potentially dangerous or vicious, if the dog is licensed or the owner or custodian is otherwise known, the director shall give notice to the owner or custodian of the dog either personally or by first class mail with return receipt requested that a hearing may be held by an independent hearing officer appointed by the city for the purpose of determining whether or not the dog in question should be declared potentially dangerous or vicious and, if applicable, whether the owner or custodian of the dog should be prohibited from owning, possessing, controlling or having custody of any dog for up to three years. No notice or hearing shall be required if the owner or custodian of the dog is not known and the dog has not been licensed. In such event, the director may proceed with the disposition of the dog in accordance with the provisions of Chapter 10.36 and Sections 10.37.130 and 10.37.140 of the County Animal Control Ordinance.

If requested by the owner within five days of the notice, a hearing will be held promptly within no less than five working days nor more than 10 working days after the service of the notice upon the owner or custodian of the dog. This hearing shall be open to the public. The hearing officer may admit into evidence all relevant evidence, including incident reports and the affidavits of witnesses, limit the scope of discovery, and may shorten the time to produce records or witnesses. Whenever possible, a complaint received from a member of the public which serves as the evidentiary basis for the investigating officer to find probable cause shall be sworn to and verified by the complainant and shall be made part of the hearing record before the hearing officer. The owner or custodian of the dog may present evidence as to why the dog should not be declared potentially dangerous or vicious. The hearing officer may find, upon a preponderance of the evidence, that the dog is potentially dangerous or vicious and shall make other orders required or authorized by this chapter. The hearing officer may decide all issues for or against the owner or custodian of the dog even if the owner or custodian fails to appear at the hearing.

The owner or custodian of a dog determined to be a vicious dog may be prohibited from owning, possessing, controlling or having custody of any dog for a period of up to three years, when it is found, after proceedings conducted pursuant to this section, that ownership or possession of a dog by that person would create a significant threat to the public health, safety and welfare.

D. Section 10.37.120 of the County Animal Control Ordinance is hereby amended to read:

10.37.120 Notice of Determination and Appeal.

A. Following the hearing conducted pursuant to Section 10.37.110, the owner or custodian of the dog shall be notified in writing of the determination and order issued, either personally or by first class mail, postage prepaid by the department. If the petitioner or the owner or custodian of the dog contests the determination, he or she may, within five days of the receipt of the notice of determination, appeal the decision, which appeal shall be made to the Superior Court pursuant to the provisions of Section 31622 of the Food and Agriculture Code. In addition to the fee for filing an appeal as provided for by Section 31622(a) of the Food and Agricultural Code which shall be payable to the county clerk. The petitioner or the owner or custodian of the dog shall serve notice of the appeal upon the city personally or by first class mail, postage prepaid.

B. The court hearing the appeal shall conduct a hearing de novo, without a jury, and make its own determination as to potential danger and viciousness and make other orders authorized by this chapter, based upon the evidence presented. The hearing shall be conducted in the same manner and within the time periods set forth in Section 10.37.110. The court may admit all relevant evidence, including incident reports and the affidavits of witnesses, limit the scope of discovery, and may shorten the time to produce records or witnesses. The issue shall be decided upon the preponderance of the evidence. The court hearing the appeal may decide all issues for or against the owner or custodian of the dog even if the owner or custodian fails to appear at the hearing. The determination of the court hearing the appeal shall be final and conclusive upon all parties.

E. Section 10.37.130 of the county animal control ordinance is hereby amended to read:

10.37.130 Conditions of Ownership of Potentially Dangerous Dogs. Any person may own a dog determined to be a potentially dangerous dog pursuant to Section 10.37.110 subject to each of the following conditions:

A. The dog shall be properly licensed, micro chipped, and vaccinated at the owner's expense, prior to release of the dog to the owner or custodian. The department shall include the designation in the registration records of the dog, after the hearing officer or court has determined that the designation applied to the dog.

B. The dog, while on the owner's premises, shall, at all times, be kept indoors, or in a securely fenced yard or enclosure from which the dog cannot escape, and into which children cannot trespass. The premises' yard or enclosure must be inspected and approved in writing by the department prior to release of the dog to its owner or custodian.

C. The dog may be off the owner's premises only if it is muzzled with a cage or basket muzzle or other muzzle approved by the director and restrained by a substantial leash, not exceeding four 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's premises.

D. The owner or custodian of the dog shall notify the department immediately in the event the dog is at large, or has committed an attack on any person or animal, has been sold or otherwise disposed of, or has died.

E. The dog must complete an approved obedience course at the owner's expense within 60 days after release of the dog to its owner or custodian. The owner or custodian shall provide proof of registration in such course prior to release of the dog to the owner or custodian.

F. The dog must be spayed or neutered and implanted with an identifying micro chip at the expense of the owner or custodian prior to the release of the dog to its owner or custodian.

G. 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 $300,000.00 per occurrence, and may be required to show proof of such insurance prior to release of dog to its owner or custodian.

H. All charges for services performed by the department and the city pursuant to this Section 10.37.130, including the costs of holding the dog during the pendency of the proceedings provided for herein and all fines shall be paid prior to the release of the dog to its owner or custodian. If said charges and fines are not paid within 14 days after the date the services are performed or the fines are ordered to be paid, the dog shall be deemed to be abandoned to the department.

I. The owner of a dog which has been determined to be a potentially dangerous dog as defined in Section 10.37.020, shall pay the cost of the proceedings conducted pursuant to Section 10.37.110, and Section 10.37.120, and a fine not to exceed $500.00 for each separate basis upon which said determination was made. Said fine shall be paid to the city for the purpose of defraying the costs of the implementation of this chapter.

J. The director, hearing officer or court may impose such other reasonable conditions as are deemed necessary to protect the public safety and welfare.

F. Section 10.37.140 of the Animal Control Ordinance is hereby amended to read:

Section 10.37.140 Consequences of Vicious Dog Determination.

A. A dog determined to be a vicious dog may be destroyed by the department when it is found, after the proceedings conducted under Section 10.37.110, that the release of the dog would create a significant threat to the public health, safety and welfare.

B. If it is determined that a dog found to be a vicious dog shall not be destroyed, the director, the hearing officer or judicial authority shall impose each of the conditions upon ownership of potentially dangerous dogs required by Section 10.37.130, and each of the following conditions:

1. The enclosure that is required pursuant to subsection B of Section 10.37.130 shall be an enclosure which is enclosed on all sides, and which is locked by a padlock. It may be required to have a top and a cement floor. The enclosure must be approved in writing by the department.

2. The owner or custodian of a vicious dog must give written notice of the vicious dog determination to United States Post Office (local branch) and all utility companies which provide services to the premises where the dog is kept. The owner or custodian shall provide a copy of such notice to the department within 30 days after the determination that the dog is vicious and prior to release of the dog to the owner or custodian.

3. The owner or custodian of the dog shall post one or more signs on the premises at a location(s) approved by the department stating that a dog which has been determined to be vicious resides on the premises.

C. The owner of a dog which has been determined to be a vicious dog pursuant to the provisions of Section 10.37.110 shall pay the costs of conducting the proceedings pursuant to Section 10.37.110 and Section 10.37.120, and a fine not to exceed $1,000.00 for each separate basis upon which said determination was made. Said fine shall be paid to the city for the purpose of defraying the cost of the implementation of this chapter.

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

(Ord. No. 938, §§ 1, 2, 12-8-2009; Ord. No. 914, § 2(Exh. A), 1-27-2009)