Lawndale Municipal Code Ch. 6.04 Animal Control Generally

Except as otherwise stated in this title, the rules, regulations, provisions and conditions set forth in that certain publication entitled "Los Angeles County Code Title 10, Animals" as adopted and amended through Ordinance No. 2013-0033, passed September 10, 2013, except Chapter 10.90 entitled "Fees for Services and Activities" is hereby adopted as the animal code of the city. A copy of this code is on file in the office of the city clerk.

(Prior code § 3-1; Ord. 606-89 § 1; Ord. 825-97 § 2; Ord. 966-06 § 1; Ord. 1066-11 § 1; Ord. 1110-15 § 1)

Whenever any of the following terms are used in Title 10 of the Los Angeles County Code, each term shall be deemed and construed to have the meaning ascribed to it in this section.

"Director"

means the city manager of the city of Lawndale, California or designee.

(Ord. 606-89 § 2; Ord. 755-94 § 4; Ord. 1066-11 § 2)

A. It is unlawful for the owner or person having charge or control of any dog or cat or other household pet ("animal" in this section), to permit the animal to defecate and to allow the feces to remain, upon any public or private property not owned or possessed by the owner or person having charge or control of the animal, unless the person shall immediately and securely enclose all feces deposited by the animal in a bag, wrapper or other container and dispose of it in a sanitary manner.

B. Any person who has charge or control of any animal in a location other than on the property of such person or the property of the owner of the animal shall have in his or her possession a suitable wrapper, bag or container for the purpose of complying with the requirements of this section. Failure of such person to carry such wrapper, bag or container when in charge or control of an animal in a location other than on the property of such person or the property of the owner of the animal shall constitute a violation of this section.

C. A sightless person who has charge or control of a guide dog shall be exempt from the provisions of this section.

D. Any person violating any of the provisions of this section is guilty of an infraction, and upon conviction thereof shall be subject to:

1. A fine not exceeding fifty dollars for a first violation;

2. A fine not exceeding one hundred dollars for a second violation of this section within one year;

3. A fine not exceeding two hundred fifty dollars for each additional violation of this section within one year.

(Prior code § 3-4)

A. It is unlawful for any person to permit any animal under his or her charge, care, custody or control to emit excessive noise after the parking control division has issued a written notice advising the owner or custodian of the alleged noise and the procedures as set forth in this section have been followed. For purposes of this section, the term "excessive noise" means noise which is unreasonably annoying, disturbing, offensive, or which unreasonably interferes with the comfortable enjoyment of life or property in the community or neighborhood. However, the provisions of this section shall not apply to any commercial animal establishments permitted by zoning laws where located. The parking control division is responsible for enforcement of the provisions of this section.

B. Upon receiving a written complaint involving a continual or recurring whining, crying, barking, howling, or similar animal noise, the parking control division personnel shall issue a written notice to the owner or person having charge, care or custody (hereafter in this section referred to as the owner) of the animal or animals advising that person of the noise complaint and requesting immediate abatement of any excessive noise. Any complaint must be submitted in writing and shall include the name, address and telephone number of the complainant or complainants as well as the address of the owner of the animal or animals and a description of the noise.

C. If, within fifteen days after the issuance of the first written notice pursuant to subsection B of this section, a second complaint is received, the parking control division personnel shall, by written notice, require that the complainant or complainants and the owner of the animal or animals appear at a meeting before public works manager or designee to discuss possible ways and means to resolve the problem. If the problem remains unresolved, the matter will be set for hearing as provided by Section 6.04.033. If the owner fails to appear before the public works manager or designee, and there is evidence that the animal or animals have emitted excessive noise, the problem shall be deemed unresolved, and the matter set for hearing as provided by Section 6.04.033.

D. Any person whose dog license has been revoked under this section shall not own, possess, control or be in charge of any dog for a period of one year from the date of revocation of the dog license.

E. Notice required pursuant to this section shall be given in the manner provided by Section 6.04.033.

(Ord. 626-89 § 1; Ord. 755-94 § 5)

This section shall govern the revocation of dog licenses and mediation of animal complaints. For purposes of this section, the term "dog" includes the plural, the term "animal" includes the plural, the term "license" includes license and permit, and the term "owner" means the owner or person having charge, care or custody of an animal.

A. A permit or license revocation hearing shall be held whenever it is found that the owner of any dog or animal whose permit or license has been reissued upon terms, conditions or restrictions pursuant to this section has failed to comply with the terms, conditions or restrictions imposed when the license was reissued, the violation continues to exist or recurs, or complaints in violation of this code are received against the dog or animal.

B. A hearing officer appointed by the city manager shall exercise all powers relating to the conduct of the hearing including, but not limited to, the administration of oaths and affirmations and to certify to official acts.

C. The parking control division shall commence a hearing by serving a written notice upon the owner of the dog or animal at least ten days prior to the date set for the hearing. The notice shall state in clear and concise language:

1. The purpose and reason for holding the hearing and the requested remedy or penalty; and

2. The time and place where the hearing is to be held.

D. The city manager is authorized and empowered to summon witnesses for the hearing by requesting the issuance of subpoenas requiring the attendance of such witnesses at the time and place specified.

E. At the hearing, the owner of the dog or animal, the complainant or complainants, if any, and the parking control division shall be given an opportunity to present evidence and call and cross-examine witnesses.

F. The hearing officer may continue the hearing from time to time upon good cause being shown.

G. Any written notice provided for in this section shall be served upon the owner of the dog or animal by posting upon property occupied by the owner or by certified mail or both. Service by posting is complete upon posting.

H. Hearings need not be conducted according to technical rules relating to evidence or witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence, but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. Oral evidence shall be taken only on oath or affirmation.

I. A recording or transcript of the hearing shall be taken.

J. The burden is on the city to show by a preponderance of the evidence that the allegations made are true.

K. The hearing officer shall, within fifteen days of the conclusion of any hearing, submit a report to the city manager. The report shall contain a summary of the evidence, including oral testimony and shall state the hearing officer's findings and recommendations. The report shall be a public record and shall be served upon the owner of the animal in accordance with the provision of subsection G of this section.

L. If, at the initial hearing, the hearing officer determines that the allegations are true, the hearing officer shall reissue the license, if the animal is required to be licensed, upon reasonable terms, conditions or restrictions for the training, handling or maintenance of the animal to abate the condition which gave rise to the hearing. A license or permit may be revoked if the owner refuses to accept, in writing, any term, condition or restriction, or fails to attend the hearing. The terms, conditions or restrictions may include, but are not limited to:

1. Selection of locations within the owner's property or premises where a dog or other animal shall not be kept;

2. Requirements as to size, construction or design of an enclosure where a dog or other animal may be kept;

3. Specialized training from a trainer or training program approved by the parking control division to correct any of the dog's or animal's behavioral problems;

4. Removal of one or more dogs or animals to another location;

5. Types and method of restraint or muzzling, or both;

6. Photo identification or permanent marking, or both, for purposes of identification.

M. The city manager shall review the findings and recommendations of the hearing officer and may adopt or reject the hearing officer's findings, or may adopt or modify the recommendations of the hearing officer's findings, or may adopt or modify the recommendations of the hearing officer, or may return the matter to the hearing officer for further evidence or for additional findings and recommendations. The city manager's decision shall be finalized in writing within fifteen days of the receipt of the hearing officer's findings and recommendations, and shall be served upon the owner in accordance with the provisions of subsection G of this section.

The decision of the city manager is final and effective when served upon the owner unless there is an appeal filed to the city council within fifteen days of the service.

N. If a license is revoked, the owner or custodian shall surrender the dog or animal to the parking control division to permanently remove, or cause the dog or animal to be permanently removed, from the city within five calendar days after either the time for appeal, as provided herein, has passed without an appeal being filed, or the decision of the city council affirming the revocation has been served upon the city manager and appellant and shall be impounded by the parking control division if found within the city after the said five-calendar-day period. Failure to remove a dog or animal from the city or surrender it to the parking control division as provided in this section is a misdemeanor.

O. Notwithstanding any other provision of law, the parking control division shall hold for sale any dog or animal surrendered or impounded pursuant to this section for a period of forty-five days. The dog or animal must be transferred to and sold from a district animal shelter different from the district animal shelter where the complaint arose.

P. An owner of any dog or animal whose permit or license has been revoked pursuant to this section shall inform the parking control division, in writing, upon the dog's or animal's removal from the city, the name, address and telephone number of the new owner, the location where the dog or animal will be kept and the name and description of the dog or animal. The owner shall, in addition, notify the new owner, in writing, of the details of any and all complaints concerning the dog or animal, and any terms, conditions or restrictions previously imposed by the parking control division. The owner shall provide the parking control division with a copy of the notification of the new owner as well as an acknowledgement by the new owner of the receipt thereof.

Q. The revocation of a dog license or a determination that a dog or other animal is a dangerous animal may be appealed to the city council as provided herein.

1. The owner of a dog whose license has been revoked or whose dog or other animal has been declared to be a dangerous animal may file an appeal with the city clerk. The appeal shall be made in writing and the grounds for the appeal stated therein clearly and concisely. No grounds for appeal shall be considered if filed or postmarked later than fifteen days after the decision of the city manager is served upon the owner. Within ten days from the date of a timely filed appeal, the city manager shall transmit to the city clerk and the city council a copy of the appeal from, the report, findings and recommendations of the hearing officer and the city manager's written decision.

2. After receipt of the documents, the city clerk shall set the matter for hearing.

3. The city council, after notice and hearing, may affirm, reject or modify the decision of the city manager.

4. The decision of the city council is final and effective when served upon the city manager and appellant by the city clerk.

(Ord. 627-89 § 1; Ord. 755-94 § 5)

The provisions of Section 6.04.030 and 6.04.033 shall not apply to any dog or animal owned by, or in charge or care of any person who is a nonresident of the city and either travelling through the city or temporarily residing in the city for a period not to exceed thirty days or to any dog or animal brought temporarily to the city for the exclusive purpose of entering the animal in a bench show or dog exhibition and kept exclusively at such bench show or dog exhibition while in the city.

(Ord. 627-89 § 1)