Chapter 6.04 — ANIMAL CONTROL GENERALLY

The words and phrases used in this title shall be defined as set forth in this section.

“Animal” means any animal, poultry, bird, reptile, fish or any other dumb creature.

“Animal shelter” means a place where animals impounded by the city are placed for their humane care and keeping.

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

“County animal control department” means that department of the county of Los Angeles which is designated by the board of supervisors to have responsibility for animal care and control.

“Dog” means any dog of any age, including female as well as male.

“Impounded” means the receipt of an animal into the custody of the poundmaster pursuant to the provisions of this chapter or any state statute.

“Livestock” means any pig, pygmy pig, hog, cow, bull steer, horse, mule, jack, jenny, hinny, sheep, goat, llama, or domesticated fowl.

“Person” means any individual, firm, partnership, corporation, trust, or association of persons, including any governmental entity other than the city.

“Potentially dangerous dog” means any of the following:

1. Any dog which, when unprovoked, on two separate occasions within the prior thirty-sixmonth 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 keeper of the dog.

2. Any dog which, when unprovoked, bites a person or otherwise engages in aggressive behavior, causing a less severe injury than defined for a “vicious dog.”

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

“Poundmaster” means the individual, individuals, entity, or entities designated by the city council to carry out animal control functions in the city and/or the duties imposed by this chapter which are not otherwise specifically assigned. If no individual or individuals have been so designated for any particular purpose or purposes relating to this chapter, the poundmaster for such purpose or purposes shall be the chief of police and/or such persons as he/she designates.

“Property owner” means any person owning, controlling, or having possession of private premises, or the agent or representative of such person.

“Severe injury” means any physical injury to a human being that results in muscle tears or disfiguring lacerations or requires multiple sutures or corrective or cosmetic surgery.

“Unlicensed dog” means any dog for which the license for the current year has not been paid, or any dog to which the tag for the current year is not attached.

“Vicious dog” means any of the following:

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City of Palos Verdes Estates, CA

ANIMALS

§ 6.04.010

§ 6.04.020

1. Any dog seized under Cal. Pen. Code § 599aa and upon the sustaining of a conviction of the owner or keeper under Cal. Pen. Code § 597.5(a).

2. Any dog which, when unprovoked, in an aggressive manner, inflicts severe injury on or kills a human being.

3. Any dog previously determined to be and currently listed as a potentially dangerous dog which, after its owner or keeper has been notified of this determination, continues the behavior described in the definition of “potentially dangerous dog.”

4. Any potentially dangerous dog which is maintained in violation of any order issued pursuant to PVEMC § 6.12.020.

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

“Wild animal” is any nondomestic, exotic, or dangerous animal, including but not limited to the following: coyotes and other mammals, peacocks and other wildfowl, fish and reptiles, or insects.

(Ord. 678 § 2, 2007; Ord. 701 § 2 (Exh. 1), 2012)

It is unlawful for any person to keep, maintain, or permit upon any lot or parcel of land occupied by or under the control of that person any wild animal or any livestock; provided, however, that it is lawful to keep and maintain any of the following, provided such keeping and maintenance is in conformance with the requirements of PVEMC §§ 6.04.030 and 6.04.035:

• A. Horses on Lots 1, 2, 3 and 4 of Block 6231 of Tract 6887, on Lot O of Tract 6887, and on Lot H of Tract 7143; or

• B. Any of the following animals for personal use:

  1. Canaries;

  2. Finches;

  3. Mynah birds;

  4. Parrots, parakeets, or other exotic birds not prohibited from keeping by federal or state law;

  5. White doves;

  6. Guinea pigs;

  7. Hamsters;

  8. Domesticated rabbits;

  9. Domesticated mice and rats;

  10. Gopher snakes;

  11. King snakes;

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City of Palos Verdes Estates, CA § 6.04.020

PALOS VERDES ESTATES CODE

§ 6.04.050

12. Turtles;

13. Tropical fish excluding caribe. (Ord. 678 § 2, 2007; Ord. 701 § 2 (Exh. 1), 2012)

It is unlawful for any person to keep, maintain or permit upon any lot or parcel of land occupied by or under the control of that person any animal which disturbs, by any repeated or sustained act, sound, cry, or odor, the peace and comfort of any neighborhood. (Ord. 678 § 2, 2007; Ord. 701 § 2 (Exh. 1), 2012)

• A. Any animal (or animals) which molests passersby or passing vehicles, attacks other animals, trespasses on school grounds, is repeatedly at large, damages and/or trespasses on private or public property, or barks, whines or howls in a continuous or sustained fashion shall be considered a public nuisance.

• B. Every person who maintains, permits or allows a public nuisance to exist upon his or her property or premises, and every person occupying or leasing the property or premises of another and who maintains, permits or allows a public nuisance as described above, after reasonable notice in writing from the city manager or his or her designee has been served upon such person to cease such nuisance, is guilty of a misdemeanor. The existence of such nuisance for each and every day after the service of such notice shall be deemed a separate and distinct offense.

• (Ord. 701 § 2 (Exh. 1), 2012)

• A. Except as set forth in subsections B and C of this section, any animal which does not belong to a property owner which is found trespassing upon the private premises of such property owner may be taken up by the property owner, provided such person shall promptly notify the poundmaster of such taking up. It is unlawful for any such person to fail or refuse to surrender such animal to the poundmaster upon demand therefor.

• B. It shall be unlawful for any person to lure peafowl for the purpose of trapping them, or to otherwise attempt to trap or to trap peafowl within the city. This subsection shall not apply to persons employed by the city, or agents of the city, who are engaged in the performance of their duties, nor shall it apply to persons who are acting pursuant to the provisions of subsection A of this section.

• C. It shall be unlawful for any person to transport or to cause to be transported any peafowl within the boundaries of the city. This section shall not apply to persons employed by the city, or agents of the city, who are engaged in the performance of their duties.

• (Ord. 678 § 2, 2007; Ord. 701 § 2 (Exh. 1), 2012)

It is unlawful for any person to interfere with, oppose, or resist the poundmaster or any of the pound-master’s designees while such person is engaged in the performance of any act authorized by this title.

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City of Palos Verdes Estates, CA

ANIMALS

§ 6.04.050

§ 6.04.080

• (Ord. 678 § 2, 2007; Ord. 701 § 2 (Exh. 1), 2012)

• A. Notwithstanding any other provision of this code to the contrary, it shall not be deemed unlawful for the city to undertake any action which it deems necessary or desirable to manage peafowl or any other animal, fowl, reptile or insect, whether or not such management is deemed to be the keeping, maintenance, or permitting of such animal on property owned or controlled by the city.

• B. This title does not apply to dogs while utilized by any police department or any law enforcement officer in the performance of police work.

• C. This chapter does not apply to animal control facilities or veterinarians. (Ord. 678 § 2, 2007; Ord. 701 § 2 (Exh. 1), 2012)

• A. The poundmaster is appointed to take up and impound the following animals:

  1. All unlicensed dogs;

  2. Dogs and other animals running at large contrary to the provisions of this chapter, or any other ordinance or state statute;

  3. Any dog where upon investigation it is determined there is probable cause to believe that the dog is potentially dangerous or vicious;

  4. Abandoned animals or animals for which the owner or custodian cannot be found; and

  5. Animals delivered by the owners to the poundmaster, all title and interest in which is abandoned by such owners.

• B. The provisions of this section shall not be deemed to prohibit the poundmaster from impounding animals pursuant to other provisions of this title, of Cal. Pen. Code § 597.1 or 597f, or of any other similar law.

• (Ord. 678 § 2, 2007; Ord. 701 § 2 (Exh. 1), 2012)

• A. No animal which is impounded pursuant to this title shall be killed or otherwise disposed of without notice to the owner of such animal, if such owner is known. The poundmaster shall utilize all reasonable efforts to identify the owner of the animal, including scanning the animal for a microchip. The owner or person entitled to the custody of any animal taken up and impounded under the provisions of this chapter may, at any time before the sale or disposal as herein provided, redeem such animal by paying the required fees and charges incurred prior to the date of redemption.

• B. The required holding period for a stray dog shall be as established by Cal. Food & Agr. Code § 31108.

• C. The fee for the poundmaster taking up an unwanted animal when requested to do so by the

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City of Palos Verdes Estates, CA § 6.04.080

PALOS VERDES ESTATES CODE

§ 6.04.090

animal’s owner or other person having custody or control over said animal shall be the amount as established by resolution of the city council.

• D. A person shall not remove any animal which has been impounded pursuant to this section from the custody of the poundmaster without first paying a fee to the city in the amount established by resolution of the city council. The refusal or failure of the owner of any impounded animal to pay the fees due pursuant to this chapter after due notification shall be held to be an abandonment of the animal by the owner.

• E. No dog impounded by the poundmaster pursuant to this section shall be released to any person unless: (1) such person provides proof that such dog has a license tag from the city, or from another jurisdiction where the dog is housed if the dog is not housed within the city, or such person first obtains a license tag from the city pursuant to the provisions of this title; and (2) the poundmaster has determined that such dog does not have and is not reasonably suspected of having rabies. If the poundmaster suspects that an impounded dog has rabies, the provisions of PVEMC § 6.16.040 shall apply.

• F. Notwithstanding any provision of this title to the contrary, the poundmaster may transfer any animal for which an owner cannot be found, or for which the owner has failed or refused to respond to notice that the poundmaster has impounded such animal, to the county animal control department. Upon receipt of an animal by the county animal control department, the provisions of Title 10 of the Los Angeles County Code shall regulate the obligations of the owner of the animal; provided, however, that such transfer shall not be deemed to invalidate or waive any monetary obligation of the owner to the city incurred pursuant to this title and such monetary obligation shall be and remain a debt of such owner to the city.

(Ord. 678 § 2, 2007; Ord. 701 § 2 (Exh. 1), 2012)

Except as specifically provided in this title, any person violating any of the provisions of this title or of any order issued pursuant to PVEMC § 6.12.020 shall be guilty of a misdemeanor; provided, however, that in the discretion of the enforcing authority or the prosecuting attorney, such violation may be charged and prosecuted as an infraction.

(Ord. 678 § 2, 2007; Ord. 701 § 2 (Exh. 1), 2012)

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City of Palos Verdes Estates, CA

ANIMALS

§ 6.08.010

§ 6.08.010