Chapter 6.16 — ANIMAL REGULATION

State Law reference— Provisions on animal regulation, Food and Agric. Code § 16301 et seq.

No person responsible for any ox, steer, bull, cow, calf, horse, mare, stallion, colt, jack, mule, sheep or hog, shall permit the same, of any thereof, to run at large or pasture, herd, stake, tie or stable any thereof in any of the streets, avenues, places, lanes, alleys, parks or other public places in the City, or tie, stake, pasture, stable, or otherwise keep any thereof upon any private property in the City so as to permit any thereof to approach nearer than one hundred feet (100') to any building used or occupied or designed for use and occupancy as a residence for human habitation other than such building so occupied by the person responsible for any such animal, and other than such building, the occupant of which continues his or her consent to the closer approach of any such animal.

(ORD-15-0017, § 1, 2015; ORD-09-0022, § 5, 2009)

No person shall drive or conduct along any street, avenue, place, lane, alley, park or other public place any ox, steer, bull, cow, calf, horse, stallion, colt, jack, mule, sheep, goat or hog without having such animal or animals enclosed in some conveyance or tied or otherwise attached to some person or vehicle in such manner that such animal or animals cannot run at large or enter upon private property, or drive or conduct a

herd or any number of such animals along any street or other public place without obtaining a written permit therefore from the Director, and such permit shall be granted only upon the applicant therefore depositing with the Director a fee established by the City Council by resolution.

(ORD-09-0022, § 5, 2009)

No person shall have, keep, maintain, or have in possession or under control, within the City, any elephant, bear, hippopotamus, rhinoceros, lion, tiger, leopard, wolf, reptile, serpent or any dangerous or carnivorous wild animal without first applying to and receiving from the Animal Care Services Bureau a permit so to do.

(ORD-09-0022, § 5, 2009)

The Director is invested with the authority to issue permits for the keeping or maintaining of any of the animals, reptiles or serpents enumerated and described in Section 6.16.030 to any person when, in the opinion of the Director, any such animal or animals, serpents or reptiles may be kept or maintained without menacing the safety of any person or property; provided, however, that the Director may require any such animal or animals, serpents or reptiles to be properly caged or tethered, and may make and issue additional rules and regulations regulating the keeping or maintaining of any such animals, reptiles or serpents, and may revoke any such permit for the violation of any other provisions of this Chapter or any of the rules and regulations issued by the Director, or when, in his or her opinion, the safety of any person or property is menaced by the keeping of any such animal.

(ORD-09-0022, § 5, 2009)

No person shall sell, offer or display for sale, barter or give any live animal to any person on any public street or other public place within the City other than a person maintaining a fixed place of business wherein such animals are sold.

(ORD-09-0022, § 5, 2009)

No person shall establish, conduct or maintain any store or place of business in which dogs, cats, guinea pigs, mice, rats or other domestic pets are legally sold or kept for sale, or carry on the business of dealing in any of such animals within fifty feet (50') of any residence, dwelling house, hotel, theater, or within five hundred feet (500') of any schoolhouse or church, unless such person has been issued a permit to breed at a residence under Section 6.16.190 of this Chapter.

(ORD-09-0022, § 5, 2009)

Every person who owns, operates or maintains an animal shop, as described in Section 6.16.060, shall report to the Director the name and address of the purchaser of every dog sold by the animal shop, along with the breed, age and description of the animal, on forms provided by the City. The report shall be transmitted to the Director no later than ten (10) days from the date of sale. The shop may charge a fee of up to one dollar ($1.00) to the purchaser to cover the cost of the report.

(ORD-09-0022, § 5, 2009)

A.

No person or animal shop shall engage in the sale, barter, giving away, or transferring of dogs, cats, or rabbits unless the person or animal shop sells, barters, gives away, or transfers:

A dog or cat bred and reared within the City in compliance with Section 6.16.190;

A dog, cat, or rabbit obtained from a publicly operated animal shelter; or

A dog, cat, or rabbit obtained from a private humane society or duly incorporated organization devoted to the rescue, care, and adoption of stray, abandoned, or surrendered dogs, cats, and/or rabbits.

B.

Nothing in this Section shall prevent an animal shop from providing space and appropriate care for dogs, cats, and rabbits harbored by an animal shelter or duly incorporated organization devoted to the rescue, care, and adoption of stray, abandoned, or surrendered dogs, cats, and/or rabbits for the purpose of engaging in the retail sale of those animals.

C.

Certificate of source.

An animal shop shall post in a conspicuous place, on or within three (3) feet of each animal's kennel, cage, or enclosure, a certificate of source for each dog, cat, or rabbit offered for sale demonstrating the dog, cat, or rabbit was obtained in compliance with this Section.

Upon sale or transfer, the animal shop shall provide a copy of the certificate of source to the purchaser or transferee.

D.

Temporary exemption. Unless otherwise extended by the City Council, the provisions of this Section shall not be applicable until October 1, 2015.

(ORD-15-0008, § 2, 2015)

No person, as principal, agent, employee, or otherwise, shall herd any of the animals mentioned in this Chapter on any unenclosed private property.

(ORD-09-0022, § 5, 2009)

No person, as principal, agent, employee or otherwise, shall breed any dog, cat or other animal at any place within the City, except as provided in Section 6.16.190 of this Chapter. "Breeding" shall be deemed to have occurred upon the production of offspring, whether such offspring result from sexual activity or artificial insemination, and whether such sexual activity was intentional or the result of improper confinement.

(ORD-09-0022, § 5, 2009)

A.

No person responsible for a cat over the age of four (4) months or a dog over the age of six (6) months shall allow such cat or dog to remain unaltered except as described in Subsection 6.16.085.B.

B.

Exceptions to the spay or neuter requirements identified in Subsection 6.16.085.A are:

A dog or cat that is incapable of breeding, as determined in accordance with Subsection 6.16.085.C.

A dog or cat that is medically unsuited to undergo a spay or neuter procedure, as determined in accordance with Subsection 6.16.085.C.

A dog that is undergoing or has received appropriate training and certification by a recognized agency, if such certification is available, and will be or is utilized or is retired from use:

a.

By a law enforcement agency for law enforcement activities;

b.

By a search and rescue agency for search and rescue activities;

c.

As a service animal, such as a guide animal, hearing animal, assistance animal, seizure alert animal, or social/therapy animal approved by the Animal Care Services Bureau; or

d.

As breeding stock for dogs described in Subsection 6.16.085.B.3 by a recognized agency or organization approved by the Director.

e.

For each of the above, the owner shall provide proof to the satisfaction of the Director with each application for a new or renewal license.

A dog or cat harbored by a public shelter, humane society, or similar organization, whether public or private, the principal purpose of which is securing the adoption of dogs or cats, provided that such organization requires the spaying or neutering of all dogs and cats placed for adoption by such organization.

A dog that is a breed approved by and registered with a national or international breed registry or association which, at a minimum, requires identification of the breed, date of birth, names of registered sire and dam, the name of the breeder and recordkeeping relating to breeding, transfer of ownership. The owner shall provide verified proof to the satisfaction of the Director with each application for a license.

A dog which is undergoing training to or currently is trained to compete or be used for herding of other animals, or as a livestock guardian dog, or a dog designated as breeding stock for these purposes by a recognized agency or organization approved by the Director. The owner shall provide proof to the satisfaction of the Director with each application for a new or renewal license.

C.

Qualification for exemption. For purposes of the exemptions set forth in Subsections 6.16.085.A and 6.16.085.B, a dog or cat is:

Incapable of breeding if a licensed veterinarian has so certified in writing.

Medically unsuited to undergo a spay or neuter procedure if a licensed veterinarian has certified in writing, that a spay or neuter procedure would likely cause the animal's death or substantially aggravate a physical condition of the animal. The certification shall indicate the medical basis for the exemption and whether the unsuitability is temporary or permanent. If temporary, the certificate shall indicate the period of time the unsuitability is anticipated to last. For an exemption to apply beyond that period, a new certificate must be obtained.

D.

Temporary exemption.

Unless otherwise extended by the City Council, the provisions of this Section shall not be applicable until October 1, 2015.

An unaltered dog or cat that has a valid license from the Animal Care Services Bureau shall not be subject to this Section until the license lapses, or October 1, 2015, whichever occurs last.

(ORD-15-0008, § 1, 2015; ORD-09-0022, § 5, 2009)

A.

Except as provided in Section 6.16.310 of this Chapter, no person responsible for a dog shall permit such dog to be upon any beach or public school ground within the City.

B.

Notwithstanding the provisions of Subsection A. of this Section or Section 16.16.010 of this Chapter, no person responsible for any dog(s) and/or other animal(s) shall permit such animal(s) to be on a beach bike path, beach immediately adjacent to the bike path, and/or on other beach locations within the City unless:

The animal is authorized to be present pursuant to a special event permit issued by the City pursuant to Chapter 5.60 of this Code which permit contains terms and conditions governing indemnification, supervision, cleanup and control relating to the presence of dogs and/or other animals at such special events; and/or

The animal is deemed a guide dog, signal dog and/or service dog, as those terms are currently defined in California Penal Code Section 365.5 or may be amended in the future.

(ORD-09-0022, § 5, 2009)

A.

No person responsible for a dog shall permit such dog to do any of the following, unless the dog is upon a secure leash not more than six feet (6') long held continuously in the hands of a responsible person capable of controlling the dog, or unless the dog is securely confined within an automobile:

Be in or upon any public street, sidewalk, improvement, park or other public place, or private property if the private property is open or accessible to the public; or

Enter upon another person's property without permission.

B.

This Section shall not apply to any such person who is in possession or operating within the terms of a valid, unrevoked permit from the City for the conduct of obedience or other types of trial or show of dogs in or upon any public place.

C.

This Section shall not apply to person responsible for a dog in a fenced dog exercise area in a City park, or portion of a City park, approved and designated for that purpose by the City Council.

D.

A person responsible for a dog shall comply with the following regulations and limitations applied to all dog exercise areas identified in Subsection C. of this Section:

Designated off-leash exercise areas will be open from 6:00 a.m. to 10:00 p.m.

As a condition of admission to such dog exercise areas, the person responsible for such dog(s) shall use a suitable container or instrument to remove dog feces and shall dispose of it in waste containers for that purpose.

Aggressive dogs are not permitted. Persons responsible for such dogs are legally responsible for any injury caused by their dog(s)

Any dog(s) which has been declared vicious under Section 6.16.250 of this Chapter, or any other state law or local ordinance, is not permitted. Persons responsible for such dogs are legally responsible for any injury caused by their dog(s).

All persons responsible for dogs must keep their dogs under visual and voice control at all times.

Dogs shall not be left unattended.

Dogs under four (4) months old are not permitted.

All dogs must have current vaccinations and licenses.

Female dogs in estrus (heat cycle) are not permitted.

Professional dog trainers may not use the dog exercise areas to conduct classes or individual instruction.

Professional dog handlers and walkers shall have a City business license.

Children shall be accompanied by an adult and shall not run, shout, scream, wave their arms, or otherwise excite or antagonize dogs.

Bicycles, rollerblades, roller skates, skateboards, strollers and the like, are not permitted. Wheelchairs and other aids for the disabled are permitted.

Spiked collars on dogs are not permitted.

A person responsible for a dog must have in his/her possession a leash for the dog which shall be worn by the dog at all times that the dog is not in the exercise areas.

A person responsible for a dog shall otherwise comply with all rules governing the parks and relevant parking regulations.

Use of the exercise areas by any person responsible for a dog shall constitute implied consent of that person to all regulations and shall constitute a waiver of liability to the City of Long Beach and an agreement to protect, defend, indemnify, and hold harmless the City of Long Beach, its officials and employees for any injury or damage caused by a dog when the dog is not on its leash.

No person shall play any team sport including, but not limited to, football, baseball, soccer, rugby and volleyball within the exercise area. The use of a frisbee is permitted.

E.

A person responsible for a dog may be deemed to have violated Subsection A. of this Section, when the violation was not committed in the presence of the Director or Animal Care Services Bureau enforcement officer(s) or inspector(s) if three (3) or more persons have submitted, within a one (1) year period, declarations signed, under penalty of perjury, that the violation(s) was committed in their presence.

(ORD-09-0022, § 5, 2009)

No person responsible for a dog shall permit such dog to bark, howl, whine and/or make other loud and unusual noises, whether within a building or enclosure, tied, or otherwise confined, or while at large upon any public street, sidewalk, improvement, park or other public place, or private property, which disrupts the public peace or which causes discomfort or annoyance to any reasonable person of normal sensitiveness residing in the area.

(ORD-09-0022, § 5, 2009)

When the Director or his/her enforcement officer(s) and/or inspector(s) determine that a person responsible for a dog has violated Section 6.16.110 of this Code, such Animal Care Services Bureau personnel are authorized to:

A.

Direct the person responsible for the dog to immediately terminate the actions of the dog that are causing the loud noise;

B.

Issue a written notice to the person responsible that if, within a twelve (12) month period following the initial response. Animal Care Services Bureau personnel are again required to respond to the same person

responsible for violating Section 6.16.110 of this Code, a criminal and/or administrative citation will be issued pursuant to Chapters 1.32 and 6.16 of this Code; and

C.

Issue criminal and/or administrative citations to the person responsible for recurrent violations of Section 6.16.110 of this Code within a twelve (12) month period.

(ORD-09-0022, § 5, 2009)

No person shall keep any dog or other animal in any bakery, restaurant, lunch stand, or other place of business wherein food or foodstuffs are served or sold.

(ORD-09-0022, § 5, 2009)

No person responsible for any dog or any other animal shall permit the same to run at large in any place where food or foodstuffs are served, displayed, and offered for sale or shall permit any dog or any other animal to come in contact with any food products intended for human consumption in any such place of business where food or foodstuffs are served, displayed or offered for sale.

(ORD-09-0022, § 5, 2009)

No owner, operator, manager or employee of any place of business where food or foodstuffs are served, displayed or offered for sale shall permit any dog or any other animal on such premises or in such place of business.

(ORD-09-0022, § 5, 2009)

No person, without the consent of the person responsible for a dog, cat or other domestic animal, shall hold or retain in his or her possession such dog, cat or other animal legally owned as a domestic pet within the City for any period longer than twenty-four (24) hours unless such person reports the same, with the true description thereof, to the Director.

(ORD-09-0022, § 5, 2009)

No person shall erect, construct, establish or maintain any dog hospital, cat hospital, or dog and cat hospital, outside of industrial districts, as defined by the zoning provisions of this Code, as the same now is or may hereafter be.

(ORD-09-0022, § 5, 2009)

The terms "dog hospital", "cat hospital" and "dog and cat hospital", as used in this Chapter, mean and include any place where dogs or cats, or both, are received and kept, or either, for the purpose of treating such animals for any disease or injury.

(ORD-09-0022, § 5, 2009)

A.

No person, as principal, agent, employee or otherwise, shall establish or maintain any dog kennel for breeding purposes, keep any dog for breeding purposes, or breed any dog which is owned, harbored or kept within the City, without first applying to and receiving a breeding permit to do so from the Department of Health and Human Services, Animal Control Division. "Breeding" shall be deemed to have occurred upon the production of a litter, whether such litter results from sexual activity or artificial insemination, and whether such sexual activity was intentional or the result of improper confinement.

B.

The application for a breeding permit shall be filed by all of the persons responsible for both dogs to be bred, including persons who may reside outside of the City, and shall contain such information as is requested by the City, including without limitation the following:

A complete description of the nature and extent of the breeding to be conducted and for which application is made, including the breed of dogs proposed to be bred;

The address of the location at which breeding will occur and, if different from the breeding address, the address of the location at which the litter shall be whelped;

The name and address of the applicant(s);

A statement by the applicant(s) stating that each applicant(s) owns either of the dogs to be bred and that there are no other owners;

A statement by the applicant(s) stating that at least one (1) of the litter is intended to be offered for sale;

Evidence that the dogs to be bred do not have the same sire or dam;

Evidence that the dam to be bred is at least two (2) years old and not older than seven (7) years old;

A copy of a valid certificate of health for the dam;

Evidence that both dogs to be bred have electronic animal identification devices implanted;

Written authorization to breed and/or whelp from the owner(s) of the properties at which the dogs will be bred and/or whelped, if such owners are not the applicant(s);

A statement by the applicant(s) stating that the applicant(s) have reviewed and will comply with all applicable rules and regulations regarding breeding and keeping animals on private property;

Such other information as may be required by the Director, consistent with the purposes of this Chapter, this Code and applicable law.

C.

The Chief of Police and/or Director shall conduct a background check of any applicant(s) for a breeding permit. The City shall not issue a breeding permit to any applicant for whom the Chief of Police or Director determines the background to be unacceptable. Breeding permits shall not be issued to applicant(s) who are under the age of eighteen (18), or who have violated this Section, Sections 6.16.080, 6.16.110, and/or 21.51.210 of this Code, or any of Sections 596 through 599 of the California Penal Code, or to persons responsible for dogs which have been declared vicious under Section 6.16.250 of this Chapter or otherwise have previously bitten any person, or to persons responsible for any breed of dog which is disproportionately responsible for dog bite complaints within the City, or to persons responsible for any breed of dog which is disproportionately euthanized within the City. Breeding permits shall not be issued for the purposes of breeding any dog breeds that are not recognized by the American Kennel Club (or any other organization determined by the Director to be a generally recognized leading national breeding organization) and shall not be issued for the purpose of mixing breeds.

D.

Prior to processing the application, the Director shall receive the required breeding permit application fee, and such application fee shall be nonrefundable. The breeding permit application fee shall be determined by the City Council by resolution. After processing the application but prior to issuing a breeding permit, the Director shall receive the required breeding permit fee, and such permit fee shall be nonrefundable. The breeding permit fee shall be determined by the City Council by resolution. The following dogs are exempt

from both the application fee and breeding permit fee requirements but are subject to the other requirements of this Section to the extent such requirements do not conflict with State or federal law:

Dogs documented as having been appropriately trained and actively used by law enforcement agencies for law enforcement or rescue activities, the offspring of which are to be used for the same purposes.

Dogs documented as guide, signal or service dogs pursuant to the California Penal Code or the California Business and Professions Code, the offspring of which are to be used for the same purposes.

E.

The breeding permit shall be valid for one (1) year and shall not be transferable or assignable from one (1) person or entity to another or from one (1) household to another household, and only one (1) breeding permit shall be issued per year, per household, regardless of how many dogs or persons may reside in such household.

F.

Once permitted by the City, the breeding permittee shall comply with each of the following operating restrictions:

Only one (1) litter per year, per dog per household may be whelped.

Proper shelter shall be provided for all dogs and litters. "Proper shelter" shall be defined as an enclosure with four (4) walls, a roof and a raised floor which adequately protects from exposure to cold, heat and water, and which gives access to an enclosed yard or other open outdoor space.

Clean and reasonably temperate water shall be provided to all dogs at all times.

Nutritious food sufficient to properly nourish the dame and her litter shall be provided.

Dogs' living quarters and yards shall be properly maintained at all times, including without limitation, removal of feces and urine to prevent odors from entering surrounding areas.

Dogs shall be kept in a manner which prevents barking from disturbing occupants or users of surrounding areas.

Births shall be reported to the Director within ten (10) days of their occurrence.

No offspring shall be sold or otherwise transferred, whether for compensation or otherwise, until it has reached the age of eight (8) weeks, has been immunized against common diseases and has been issued a certificate of health.

All offspring must have an electronic animal identification device implanted before the age of eight (8) weeks.

G.

No person shall sell or transfer, for compensation or otherwise, any dog or cat within the City, without first applying to and receiving a transfer permit to do so from the Department of Health and Human Services, Animal Care Services Bureau. Persons responsible for a dog who have received a breeding permit under this Section shall not be required to apply for a transfer permit under this Section. One (1) transfer permit shall be issued per litter, unless the applicant for a transfer permit operates a pet store or is a validly incorporated Section 501(c)(3) animal rescue organization, in which case the transfer permit shall be issued annually.

H.

The application for a transfer permit shall be filed by all of the persons responsible for the dogs or cats to be transferred, and shall contain such information as is requested by the City, including without limitation the following:

The name and address of the breeder(s) of the dogs or cats to be transferred or offered for transfer, or if unknown, evidence that the applicant is a validly incorporated Section 501(c)(3) animal rescue organization;

The address of the location at which the dog or cat litter was whelped, or if unknown, evidence that the applicant is a validly incorporated Section 501(c)(3) animal rescue organization;

Such other information as may be required by the Director consistent with the purposes of this Chapter, this Code and applicable law.

I.

Prior to processing the application, the Director shall receive the required transfer permit application fee, and such application fee shall be nonrefundable. The transfer permit application fee shall be determined by the City Council by resolution. After processing the application but prior to issuing a transfer permit, the Director shall receive the required transfer permit fee, and such permit fee shall be nonrefundable. The transfer permit fee shall be determined by the City Council by resolution. The following dogs and/or applicant(s) are exempt from both the application fee and transfer permit fee requirements but are subject to the other requirements of this Section to the extent such requirements do not conflict with State or federal law:

Dogs documented as having been appropriately trained and actively used by law enforcement agencies for law enforcement or rescue activities, the offspring of which are to be used for the same purposes;

Dogs documented as guide, signal or service dogs pursuant to the California Penal Code or the California Business and Professions Code;

Validly incorporated Section 501(c)(3) animal rescue organizations.

J.

The following provisions shall apply to the sale, adoption or other transfer of dogs and cats, whether or not a transfer permit is required under this Section:

Any person who offers or provides any dog or cat for sale or transfer, whether for compensation or otherwise, shall disclose to the transferee in writing, information regarding the dog's or cat's immunization history and the license and permit requirements of the City applicable to the transferred animal.

No person shall sell or otherwise transfer any dog without such dog having an electronic animal identification device implanted, which such device shall identify the breeding permit number under which the dog was bred or the transfer permit number, as applicable, and a description of the transferred dog including the breed, gender, color and age.

No person shall see or otherwise transfer any dog or cat without reporting the name, address and phone number of the transferee to the Director within ten (10) business days of the transfer.

Any advertisement to the public regarding the availability of any dog which was bred within the City for sale or transfer, whether for compensation or otherwise, shall prominently display the breeding permit number.

Any advertisement to the public regarding the availability of any dog or cat for sale or transfer, which was bred outside the City, whether for compensation or otherwise, shall prominently display the transfer permit number.

No person shall give away any dog or cat as a prize or as an inducement to enter into any contest, lottery, drawing, auction, game or competition.

No person shall give away any dog or cat as an inducement to enter a place of business, or to enter into a business arrangement.

No person shall sell, barter, exchange or offer for adoption, whether for compensation or otherwise, any dog or cat to any minor under the age of eighteen (18).

Proper shelter shall be provided for all dogs and cats to be transferred.

Clean and reasonably temperate water shall be provided to all dogs and cats at all times.

Nutritious food sufficient to properly nourish the dog or cat shall be provided.

Dogs' and cats' living quarters and yards shall be properly maintained at all times, including without limitation, removal of feces and urine to prevent odors from entering surrounding areas.

Dogs shall be kept in a manner which prevents barking from disturbing occupants or users of surrounding areas.

A valid business license shall be required for all transfers made for compensation.

K.

Employees of the Animal Care Services Bureau shall have the right to inspect, on more than one (1) occasion, the property of any permittee used for breeding, whelping or holding any animals during

reasonable hours and without advance notice.

L.

Failure of any person to comply with all terms and conditions of the breeding permit or the transfer permit and applicable law shall be grounds for the revocation or suspension of such breeding permit or transfer permit and shall be grounds for denial of future breeding and/or transfer permits.

M.

Possession of a valid breeding or transfer permit under this Chapter does not entitle the permittee to engage in an activity which is otherwise prohibited by law.

(ORD-09-0022, § 5, 2009)

A.

No person responsible for any animal shall permit such animal to defecate on any public sidewalk, street, improvement, park or other public place, or on any private property without the consent of the owner of such private property, unless such person responsible for the animal removes any such defecation to a proper trash receptacle.

B.

When the Director or his/her enforcement officer(s) and/or inspector(s) determine that a person responsible for a dog has violated Subsection A. of this Section 6.16.200, such Animal Care Services Bureau personnel are authorized to:

Direct the person responsible for the animal to immediately remove and dispose of the defecation to a proper trash receptacle;

Issue a written notice to the person responsible that if, within a twelve (12) month period following the initial response. Animal Care Services Bureau personnel are again required to respond to the same person responsible for violating Subsection A. of this Section 6.16.200, a criminal and/or administrative citation will be issued pursuant to Chapters 1.32 and 6.16 of this Code; and

Issue criminal and/or administrative citations to the person responsible for recurrent violations of Subsection A. of this Section 6.16.200 within a twelve (12) month period.

(ORD-09-0022, § 5, 2009)

A.

The Director along with Animal Care Services Bureau enforcement officers and inspectors shall have the duty to enforce the sections included in this Chapter, and all other chapters included in Title 6, and are authorized, pursuant to the California Penal Code, Section 836.5, to arrest persons and to prepare, issue and deliver to any such arrested person written notice to appear in court for any violation or violations of any section or sections in Title 6 of this Code. Additionally, those employees of the City holding the classified positions of park district supervisor and park crew supervisor employed by the Department of Parks and Recreation and those employees holding the classified position of security officer employed in the Department of Parks and Recreation shall have the duty to enforce Sections 6.16.100 and 6.16.200 and are authorized, pursuant to California Penal Code, Section 836.5, to arrest persons and to prepare, issue and deliver to any such arrested person written notice to appear in court and to release such person from custody upon receiving from such person their written promise to appear in court for any violation or violations of Sections 6.16.100 or 6.16.200.

B.

Notwithstanding the provisions of Subsection 6.16.210.A of this Section, those employees holding the position of fire captain, marina agent, marine safety officer, marine safety sergeant, marine safety battalion chief, and security officer, shall have the duty to enforce Sections 6.16.090, 6.16.100, 6.16.110, 6.16.200 and 6.16.310, and are authorized, pursuant to California Penal Code, Section 836.5, to arrest persons and to prepare, issue and deliver to any such person arrested written notice to appear in court and to release such person from custody upon receiving from such person their written promise to appear in court for any violation or violations of Sections 6.16.090, 6.16.100, 6.16.110, 6.16.200 and 6.16.310.

C.

Nothing in this Section is intended to operate either in addition to or in contravention of Title 3, Chapter 4.5, of the Penal Code which expressly designates those persons who are classified as peace officers.

D.

Further, nothing in this Section is intended to or shall operate to change or shall have the effect of changing the status of the officers and employees authorized to act pursuant to this Section from public or miscellaneous officers and employees to individual peace officers or safety members or classes of peace officers or safety members for purposes of retirement, workers' compensation or similar injury or death benefits or any other employee benefit or benefits to which said officer or employee would not have been entitled as a public or miscellaneous officer or employee prior to the adoption of this Section.

E.

Any person who violates any provision of Title 6 of the Long Beach Municipal Code may also be issued an administrative citation by the Director or Animal Care Services Bureau enforcement officers or inspectors, in addition to any criminal penalties that may be assessed under Title 6 and Chapter 1.32 of this Code.

F.

Each and every day a violation exists constitutes a separate and distinct offense.

G.

Civil fines shall be assessed by means of administrative citations and shall be payable directly to the City of Long Beach Animal Care Services Bureau.

H.

Administrative fines for violations of Chapters 6.04 Animal Shelter, 6.08 Dog Licensing, 6.12 Rabies Control,

follows:

A fine for each initial violation, in an amount established by the City Council by resolution;

A fine for each instance of a second violation of the same Code section within one (1) year from the date of the first violation, in an amount established by the City Council by resolution; and

A fine for each additional violation of the same Code section within one (1) year from the date of the first violation, in an amount established by the City Council by resolution.

(ORD-24-0020 § 1, 2024; ORD-09-0022, § 5, 2009)

In the event the Director determines after the sale of an animal by the Animal Care Services Bureau that the animal bites or destroys property, or that an examining veterinarian has determined that the animal is ill and there are sufficient facts and circumstances which indicate that the illness was incurred by the animal prior to the sale, the Director may authorize the refund of the purchase price, inoculation fee, licensee fee, and any other fees or charges paid by the purchaser to the Animal Care Services Bureau in connection with the sale of the animal; provided, that the purchaser of the animal files a written request for the refund with the Animal Care Services Bureau within fifteen (15) days after the date of the sale of the animal.

(ORD-09-0022, § 5, 2009)

A.

Manure must be removed from private stables at least once in seven (7) days. During the time manure from private stables is allowed to remain on the premises the same must be kept covered with close screen wire to prevent the breeding of flies therein. When the amount of manure from any private stable equals one (1) cubic yard it shall not be allowed to remain longer than one (1) day.

B.

Stables or yards where more than four (4) horses or mules are kept shall be cleaned and refuse removed daily.

(ORD-09-0022, § 5, 2009)

The carcass of any dead horse, cow, mule or donkey not slaughtered for human food shall be removed and disposed of by the owner of the carcass.

(ORD-09-0022, § 5, 2009)

A.

"Vicious animal" is any animal which bites or attempts to bite any human or animal without provocation, or which has a disposition or propensity to attack, bite or menace any human or animal without provocation and endangers the health and safety of any person.

B.

Any animal while on the premises of the person responsible for that animal which bites or attempts to bite a person or other animal that is unlawfully on such premises, or which has been provoked or teased, or which is otherwise performing its duties as a police dog, shall not be deemed to be a vicious animal.

(ORD-09-0022, § 5, 2009)

A.

Any law enforcement officer or Animal Care Services Bureau enforcement officer or inspector of the City shall have the authority summarily and immediately to impound a dog or other animal where there is evidence it is vicious within the meaning of this Chapter.

B.

Whenever necessary to make an inspection to enforce any of the provisions of this Chapter, such official may enter private property at all reasonable times to inspect same or to perform any duty imposed by this Chapter; provided, that if such private property is occupied, such official shall first present proper credentials and demand entry. If entry is refused, or if the owner or other person having control of such property is not present to permit entry, such official shall have recourse to every remedy provided by law to secure entry at a later time.

C.

Any person responsible for such dog or other animal subject to being impounded who fails to surrender the animal to such official upon demand shall be guilty of a misdemeanor and/or be subject to administrative fines and penalties set forth in Section 6.16.210.

D.

If the dog or other animal cannot be safely taken up and impounded, it may be destroyed forthwith by such law enforcement officer or Animal Care Services Bureau enforcement officer or inspector.

(ORD-09-0022, § 5, 2009)

A.

"Hearing Officer" means an individual who has been designated by the City Manager to adjudicate vicious animal determination hearings.

B.

Where there exists evidence sufficient to give rise to the suspicion that a dog or other animal falls within the provisions of Subsection 6.16.250.A., the Director shall cause a public hearing to be conducted for the purpose of determining whether the dog or other animal is a vicious animal. The Director shall notify the person responsible for the animal of the time and place for the hearing during which he/she may present evidence as to why the animal should not be declared vicious. Each party shall be given the opportunity to present any evidence relevant to the issue. The Hearing Officer may find, by a preponderance of evidence, such dog or other animal to be a vicious animal, and may impose additional orders authorized by Section 6.16.290 of this Chapter.

C.

The hearing shall be conducted not less than five (5), nor more than ten (10) business days after notice was served or deemed to have been served upon the person responsible for the animal.

D.

Any person responsible for a dog or other animal determined to be vicious shall be guilty of a misdemeanor and/or be subject to administrative fines and penalties set forth in Section 6.16.210.

(ORD-09-0022, § 5, 2009)

Any dog or other animal declared to be a vicious animal may, at the discretion of the Director, be humanely destroyed. Such humane destruction shall occur no earlier than ten (10) days following written notice given to the person responsible for such animal of the intention to destroy.

(ORD-09-0022, § 5, 2009)

A.

The Director, if he or she elects not to destroy a vicious animal, may issue certain rules and regulations pertaining to the keeping and containing of such animal.

B.

If the person responsible for such vicious dog or other animal is thereafter determined to be in violation of any rule or regulation as made pursuant to Subsection A. of this Section, such animal shall be impounded and thereafter subject to summary destruction no earlier than ten (10) days following written notice given to the person responsible for the animal of the intention to destroy.

C.

Any person responsible for a vicious dog or other animal who violates and/or knowingly permits such animal to violate any rule and/or regulation set forth pursuant to Subsection A. of this Section shall be deemed guilty of a misdemeanor and/or be assessed administrative fines and penalties pursuant to Section 6.16.210 of this Code.

(ORD-09-0022, § 5, 2009)

The person responsible for a dog or other animal impounded pursuant to this Chapter shall be liable for any and all of the prevailing board and keep charges incurred by the City's Animal Care Services Bureau.

(ORD-09-0022, § 5, 2009)

Notwithstanding any other ordinance or rules of the City of Long Beach, dogs may be permitted, during the below-mentioned times of day, on that part of the beach of the City of Long Beach bounded between Granada Avenue (the eastern boundary) and Roycroft Avenue (the western boundary) from the water line to the designated boundary markers located approximately sixty (60) yards from the water line (the northern boundary) to be designated by appropriate posting by the Department of Parks, Recreation and Marine. Dogs are permitted on this designated part of the beach for the purpose of exercise. The hours that dogs may be so on the beach shall be set at the discretion of the Director of the Department of Parks, Recreation and Marine. Permission for dogs to be on this designated area of the beaches of the City of Long Beach may be revoked at any time by the Director of the Department of Parks, Recreation and Marine by appropriate posting at the designated area mentioned above. With regard to said use of this designated part of the beach of the City of Long Beach:

A.

The dog exercise area must be accessed from the adjacent parking lot in a ninety degree (90°) angle to the marked boundaries of the dog exercise area.

B.

Each dog must be under the control of an adult person responsible for the dog, and only one (1) dog per adult is permitted. The dog must be under visual and voice control by the person responsible at all times.

Dogs that do not respond to voice commands are not permitted.

C.

All dogs must wear a collar with current tags.

D.

All dogs must have current vaccinations and licenses.

E.

As a condition of admission to such dog exercise area, the person responsible for such dog shall use a suitable container or instrument to remove dog feces and shall dispose of it in waste containers provided for that purpose.

F.

Dogs previously declared vicious pursuant to this Chapter, and/or any other State law or local ordinance, and aggressive dogs are not permitted. The persons responsible for such dogs are legally responsible for any injury caused by their dog(s).

G.

Dogs shall not be left unattended.

H.

Dogs under four (4) months old are not permitted.

I.

Female dogs in estrus (heat cycle) are not permitted.

J.

Professional dog trainers may not use the dog exercise area to conduct classes or individual instruction.

K.

Children shall be accompanied by an adult and shall not run, shout, scream, wave their arms, or otherwise excite or antagonize dogs.

L.

Bicycles, rollerblades, roller skates, skateboards, strollers and the like, are not permitted. Wheelchairs and other aids for the disabled are permitted.

M.

Spiked collars on dogs are not permitted.

N.

The person responsible for a dog must have in his/her possession a leash for the dog which shall be worn by the dog at all times that the dog is ingressing/egressing the dog exercise area.

O.

The person responsible for a dog shall provide drinking water for their dog.

P.

No food of any kind is permitted in the dog exercise area during the designated hours.

Q.

The person responsible for a dog shall otherwise comply with all rules governing the beaches and relevant parking regulations.

R.

No one shall play any team sport including, but not limited to, football, baseball, soccer, rugby and volleyball during the designated dog exercise hours. The use of a frisbee or a small, retrievable ball is permitted.

S.

Use of the dog exercise area by the dog shall constitute implied consent of the person responsible for the dog to all regulations and shall constitute a waiver of liability to the City of Long Beach and an agreement to protect, defend, indemnify, and hold harmless the City of Long Beach, its officials and employees for any injury or damage caused by a dog when the dog is not on a leash.

T.

The Director of the Department of Parks, Recreation and Marine shall have the discretion to terminate the program.

(ORD-15-0009, § 1, 2015; ORD-09-0022, § 5, 2009)

An administrative citation subject to this Chapter shall be issued on a form approved by the Director, and may be served by the Director or an Animal Care Services Bureau enforcement officer or inspector in the following manner:

A.

Personal service. In any case where an administrative citation is issued:

The Director or Animal Care Services Bureau enforcement officer or inspector shall attempt to locate the person responsible and personally serve the administrative citation;

If the person responsible refuses or fails to sign the administrative citation, the failure or refusal to sign shall not affect the validity of the administrative citation or any subsequent proceedings.

B.

Service of citation by posting notice. If the Director or Animal Care Services Bureau enforcement officer or inspector do not succeed in personally serving the person responsible:

The Director or Animal Care Services Bureau enforcement officer or inspector shall post the administrative citation or duplicate thereof in a conspicuous place on the lot last reported by the person responsible as his/her residence in the City of Long Beach, and such posting shall be deemed effective service; and

Any posted notice shall be photographed on the date of posting by the Director or Animal Care Services Bureau enforcement officer or inspector, and a proof of service of the notice shall be made by declaration of the Director or enforcement officer or inspector effecting the service.

C.

Service of citation by mail. If the Director or Animal Care Services Bureau Enforcement officer or inspector do not succeed in personally serving a person responsible, in addition to posting notice when the last reported residence of that person lies within the City of Long Beach:

The administrative citation or duplicate thereof shall be mailed to the residence or place of business of the person by depositing the same in the United States Mail, postage prepaid as first class mail; and

A proof of service of the notice shall be made by declaration of the Director or enforcement officer or inspector effecting the service.

(ORD-09-0022, § 5, 2009)

Each administrative citation shall contain the following information:

A.

The date of service of the citation and the date, time, address or description of the location where the violation(s) occurred in the City of Long Beach.

B.

The Long Beach Municipal Code section(s) violated, a description of the violation(s), and where appropriate a description of conditions violated.

C.

The amount of the administrative fine(s) for each violation.

D.

An explanation of how the fine(s) shall be paid and the payment due date.

E.

Notice of the right to appeal the citation, the time within which the citation may be appealed and the place to obtain a request for hearing form to appeal the administrative citation.

F.

The name and signature of the Director or Animal Care Services Bureau enforcement officer or inspector and, if obtained, the signature of the person responsible.

(ORD-09-0022, § 5, 2009)

Upon service of an administrative citation, the cited party shall pay the fine no later than thirty (30) calendar days from the date of issuance as specified on the administrative citation. Payment of a fine shall not bar further enforcement action by the City. Late charges shall be imposed for fine payments made after the fine payment due date. The late charge shall be calculated at a rate of twenty-five percent (25%) of the fine, and will be imposed in addition to any outstanding fine.

(ORD-09-0022, § 5, 2009)

A.

Any cited party may appeal an administrative citation by completing a written request for hearing form, obtained as directed on the citation, and returning it to the Animal Care Services Bureau within thirty (30) calendar days from the date the citation was served or was deemed to have been served, together with a deposit in the total amount of the fine.

B.

Failure to timely file a written request to appeal the administrative citation shall be deemed a waiver of rights to appeal and to seek judicial review.

(ORD-09-0022, § 5, 2009)

A.

Any cited party who intends to appeal the administrative citation and who is financially unable to make the advance deposit as required in Subsection A. of Section 6.16.350, may request an advance deposit hardship waiver by completing a written request for deposit waiver form obtained as directed on the citation.

B.

The deposit waiver request shall be filed together with the appeal within thirty (30) calendar days from the date the administrative citation was served or deemed to have been served.

C.

The deposit requirement as described in Subsection A. of Section 6.16.350 shall be stayed unless or until the Director makes a determination regarding the waiver request.

D.

The Director may waive the requirement of an advance deposit only if the cited party submits to the Director a written statement made under penalty of perjury, together with supporting documents, demonstrating to the satisfaction of the Director the cited party's actual financial inability to deposit with the City the full amount of the fine in advance of the hearing.

E.

If the Director declines to issue a waiver, the cited party shall remit the full deposit to the City as indicated on the citation within ten (10) calendar days of the date of that decision, or thirty (30) calendar days from the date the administrative citation was served or was deemed to have been served, whichever is later.

F.

The Director shall issue a written determination listing the reasons for his/her determination to issue or not issue the hardship waiver. The written determination of the Director shall be final.

G.

The written determination of the Director shall be served personally or by first class mail, postage prepaid, upon the cited party who applied for the hardship waiver.

(ORD-09-0022, § 5, 2009)

A.

No hearing to appeal an administrative citation shall be held unless and until a timely request for hearing form has been completed and submitted, as indicated on the citation, and the deposit has been paid, or a

hardship waiver has been issued.

B.

An appeal hearing shall be set for a date not sooner than twenty-one (21) calendar days and not more than sixty (60) calendar days from the date the request for hearing is completed and submitted in accordance with the provisions of this Chapter. The cited party requesting the hearing shall be notified in writing of the time and place set for the hearing at least fifteen (15) calendar days prior to the date of the hearing.

C.

The Hearing Officer shall only consider evidence that is relevant to whether the violation(s) occurred and whether the cited party is the person responsible for creating, committing, maintaining or allowing the violation(s) to occur. Courtroom rules of evidence shall not apply. Relevant hearsay evidence and written reports may be admitted whether or not the speaker or author is present to testify, if the Hearing Officer determines that such evidence is reliable. Admission of evidence and the conduct of the hearing shall be controlled by the Hearing Officer in accordance with the fundamentals of due process. The Hearing Officer may set reasonable limits on the length of the hearing, and shall allow the appellant at least as much time to present his/her case as is allowed to the City.

D.

The cited party contesting the administrative citation shall be given the opportunity to testify and present witnesses and evidence concerning the administrative citation. The City's case shall be presented by any person designated by the Director. The appellant and City may be represented by counsel at their own expense.

E.

The failure of the appellant to appear at the hearing shall constitute a forfeiture of the deposit and failure to exhaust administrative remedies.

F.

The administrative citation and any additional documents prepared by the City in connection with the violation(s) may be submitted and shall constitute prima facie evidence of the respective facts contained in those documents.

G.

If the City submits any additional documents concerning the administrative citation to the Hearing Officer for consideration at the hearing, then, whenever possible, a copy of such document(s) shall be served by mail on the appellant at least five (5) calendar days prior to the date of the hearing.

H.

The Hearing Officer may continue the hearing or request additional information from the City or the appellant prior to issuing a written decision.

(ORD-09-0022, § 5, 2009)

A.

After considering all of the testimony and evidence submitted at the hearing, the Hearing Officer shall issue a written decision within fifteen (15) business days of the hearing. The decision of the Hearing Officer shall be final.

B.

If the Hearing Officer denies the appeal, then the deposit shall be retained by the City.

C.

If the Hearing Officer grants the appeal, then the City shall refund the deposit within thirty (30) business days from the date of the written decision.

D.

The appellant and City shall each be served with a copy of the Hearing Officer's written decision.

(ORD-09-0022, § 5, 2009)

A.

The failure of the cited party to pay a civil fine or late penalty in a timely manner may result in the imposition of a special assessment and/or lien, and/or filing of an action with the small claims court for recovery of the fine and late penalty. The only issue to be adjudicated by the small claims court shall be whether or not the fines and possible late fees were paid. A cited party may only obtain judicial review of the validity of the citation by first requesting and participating in an administrative hearing before a Hearing Officer. In the small claims court action, the City may also recover its costs, according to proof.

B.

The City may also refuse to issue, extend or renew to any cited party who has unpaid delinquent fines, interest, penalties, liens or assessments, any City permit, license, entitlement or other City approval pertaining to the subject of the fine and administrative citation.

(ORD-09-0022, § 5, 2009)

The Director may dismiss an administrative citation at any time if it is determined to have been issued in error, in which event any deposit will be refunded to the cited party.

(ORD-09-0022, § 5, 2009)

Either the City or the cited party aggrieved by a decision of a Hearing Officer on appeal of an administrative citation issued pursuant to this Chapter, may obtain review of the decision by filing a petition for review with the Los Angeles Superior Court in accordance with the time lines and provisions as set forth in California Government Code Section 53069.4. Judicial review of an administrative citation shall not be available unless all administrative remedies have been exhausted.

(ORD-09-0022, § 5, 2009)