Chapter 92 — ANIMALS

For the purpose of this subchapter, the young or offspring of any of the animals regulated by this subchapter, except rabbits, shall be considered as animals when they reach the age of four months, and the young or offspring of any of the fowl and rabbits regulated by this subchapter shall be considered as fowl and rabbits when they reach the age of nine weeks.

('65 Code, § 6-2.101) (Ord. 459, passed - - ; Am. Ord. 52-C.S., passed - - )

(A) It shall be unlawful for any person to keep or maintain, or permit to be kept or maintained, in the city horses, mules, donkeys, goats, cows, roosters, turkeys, pigeons, ducks, geese, or other such similar animals or fowl within the city.

(B) It shall be unlawful for any person to keep, house or maintain more than three canine or feline animals on any premises, lot, plot or parcel of land within the city, except in a duly licensed pet shop or licensed veterinary hospital. Any more than three of such canine or feline animals, or combination of canine and feline animals, shall constitute a kennel, and kennels are not permitted in the city, except in the M-1 Zone subject to approval of a conditional use permit.

• (C) Hens. It shall be unlawful for any person to keep or maintain, or permit to be kept or maintained, hens within the city except as provided below.

• (1) Number. A maximum of 15 hens, including chicks, may be kept on a parcel in the R-1 Zone.

• (2) Enclosure. Hens shall be located within an enclosure and not be allowed to roam at large.

• (a) Location. The enclosure shall be located in the rear yard in accordance with the following setbacks:

1. Forty feet from any dwelling house or structure used as a dwelling house unless it is occupied by the owner of the hens or chicks.

2. Fifty feet from the front property line.

3. Twenty-five feet from the street side property line on corner lots.

4. Fifteen feet from interior side property lines.

5. Fifteen feet from rear property lines, except where the rear of the property abuts a public alley. In such case, the enclosure may be kept up to the rear property line.

• (b) Coop area . The enclosure shall include a minimum of ten square feet of coop area for each hen or chick. The coop shall be covered and predator resistant and designed to allow for ventilation and ease of cleaning per agricultural standards.

• (3) Clean/sanitary conditions . Every person owning or occupying premises where any hens or chicks are kept shall keep the enclosure in which the hen is kept in a clean and sanitary condition. The enclosure shall be cleaned daily. Feed shall be stored in a location that is not accessible by pests, rodents or predators.

• (4) Dyeing/coloring . It shall be unlawful for any person to dye, color or otherwise artificially treat any baby chick.

• (5) Displaying/selling . It shall be unlawful to display, sell, offer for sale, barter or give away hens, chicks or eggs as a pet or for any commercial purpose to customers who come to the property. Advertisements on the property are also prohibited.

• (6) Noise . It is declared a nuisance, and no person shall keep, maintain or permit any hens or chicks, which by any sound, or cry, shall interfere with the comfortable enjoyment of life or property by an individual.

• (7) Slaughtering. No person shall willfully slaughter or cause to be slaughtered any hens or chicks.

• (8) Permits. The property owner shall obtain plumbing and electrical permits for any such fixtures servicing the coop. A building permit is required for any coop more than 120 square feet in size.

• (9) Inspections. Community Development Department staff may conduct an inspection every six months to ensure compliance with the above conditions. The city may charge a fee for inspections in an amount established by the City Council, from time to time, by resolution.

(D) Modifications. The Council may modify any of the requirements of this section upon making a finding that any of the requirements are unnecessary to protect the public health, safety and welfare, and, in making such modification, the Council may impose such conditions as it deems necessary for the protection of the public health, safety and welfare. The Council, in its discretion, may conduct a public hearing with respect to any such proposed modification prior to the granting thereof and may prescribe such notice of the hearing as the Council deems necessary under the circumstances.

(‘65 Code, § 6-2.102) (Ord. 459, passed - - ; Am. Ord. 52-C.S., passed - - ; Am. Ord. 274-C.S., passed - - ; Am. Ord. 608-C.S., passed 5-10-14) Penalty, see § 92.99

BEES

The Council, after investigation, hereby finds, determines and declares that, unless reasonably regulated, the keeping of bees in the city can and has become detrimental to the public health, peace, safety and general welfare and an invasion of the property rights of inhabitants and other persons within the city; that most portions of the city are built upon to the extent that the keeping of bees, if allowed to fly at large, is a public nuisance and therefore should be regulated; and that, accordingly, the purposes of this subchapter are to prevent, insofar as possible, the happening of any such contingencies that may occur and to provide for the abatement of those which do occur. ('65 Code, § 6-2.401) (Ord. 637, passed - - )

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

BEES. All types of bees, including hornets, bumblebees, wasps and any hymenopterous insect of the superfamily Apoidea and the honey-producing insects of the species Apis Mellifica and shall include the adults, eggs, larvae, pupae or other immature stages thereof.

HIVE. Any receptacle or container made or prepared for the use of bees, or any box or similar container of which bees have taken possession.

PERSON. Any natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business trust, organization, school or church, or the manager, lessee, agent, servant, officer or employee of any of them.

('65 Code, § 6-2.402) (Ord. 637, passed - - )

(A) It is hereby declared to be a nuisance and shall be unlawful for any person to establish or maintain, or permit to be established or maintained, any hive or box where bees are kept, or to keep or permit to be kept any bees in, on or upon any premises under his control within the city; provided, however, nothing contained in this subchapter shall be deemed or construed to prohibit the keeping of bees:

• (1) In a hive or box located and kept within a school for the purpose of study or observation;

• (2) In a hive or box located and kept within a physician’s office or laboratory for medical research or treatment, or for scientific purposes; or

• (3) On any single-family residential property in the R-1 Zone, subject to the following requirements:

• (a) General requirements.

1. Only the common domestic honey bee, Apis Mellifera species, at any stage of its development, shall be permitted.

2. No more than two hives may be maintained on any single-family residential property.

3. All bee colonies shall be kept in hives capable of being inspected and consisting of moveable frames and combs.

4. Hives must be kept in sound and usable condition at all times.

5. City staff shall conduct an initial inspection to verify compliance with all beekeeping requirements and may conduct an inspection as frequently as every six months to ensure compliance with these requirements. The city may charge a fee for inspections in an amount established by the City Council, from time to time, by resolution.

• (b) Hive placement requirements.

1. Hives shall be located in the rear or side yard only. No hives shall be permitted in any front yard or in the street side yard of a corner property.

2. Hives shall be located at least five feet from the side and rear property lines.

3. Hive entrances shall face away from or parallel to the nearest property line(s).

4. Hives must either be screened so that the bees must fly over a six-foot barrier, which may be vegetative, before leaving the property, or be placed at least eight feet above the adjacent ground level.

• (c) Hive management requirements .

1. Hives shall be continually managed to provide adequate living-space for their resident bees to prevent swarming.

2. Hives shall replace the queen bee in a colony with a younger and more productive queen (requeening) at least once every two years to prevent swarming.

3. A water source for bees shall be provided at all times on the property where the bees are kept to discourage bee visitation at swimming pools, hose bibs and other water sources on adjacent public or private property.

4. Hive maintenance materials or equipment must be stored in a sealed container or placed within a building or other bee-proof enclosure.

• (d) Nuisance . Bees or hives shall be considered a public nuisance when any of the following occurs:

1. Colonies of bees exhibit defensive or objectionable behavior, or interfere with the normal use of neighboring properties.

2. Colonies of bees swarm.

3. Bees or hives do not conform to this code.

4. Hives become abandoned by resident bees or by the owner.

• (B) No bees kept upon any premises pursuant to the provisions of divisions (A)(1) and (2) of this section shall be permitted to fly at large. (‘65 Code, § 6-2.403) (Ord. 637, passed - - ; Am. Ord. 608-C.S., passed 5-10-14) Penalty, see § 92.99

WILD ANIMALS

No person shall have, keep or maintain, or have in possession or under control, any elephant, bear, hippopotamus, rhinoceros, lion, tiger, leopard, wolf, monkey or any poisonous reptile of any kind, or any dangerous or carnivorous wild animal or reptile, without first applying to and receiving from the Council a permit to do so. ('65 Code, § 6-2.701) (Ord. 798, passed - - ) Penalty, see § 92.99

The Council may issue permits for the keeping or maintaining of any of the animals enumerated and described in this subchapter to any person when, in the opinion of the Council, any such animal may be kept or maintained without menacing the safety of any person or property; provided, however, the Council may require any such animal to be properly caged or tethered, may make additional rules and regulations regarding the keeping or maintaining of any such animal, may limit the term of such permit and may revoke any such permit for the violation of any of the provisions of this chapter or when, in the opinion of the Council, the safety of any person or property is menaced by the keeping of any such animal.

('65 Code, § 6-2.702) (Ord. 798, passed - - )

DOGS

For the purpose of this subchapter, DOGS shall mean any dog, irrespective of its age, and shall be deemed to include female as well as male dogs. ('65 Code, § 6-2.301) (Ord. 471, passed - - )

It shall be unlawful for any person in the city to have, harbor, keep in his possession, own or have an interest in any dog over the age of four months without keeping a collar and proper tag attached thereto, displayed and worn at all times.

('65 Code, § 6-2.302) (Ord. 408, passed - - ; Am. Ord. 429, passed - - ; Am. Ord. 471, passed - - ) Penalty, see § 92.99

Every person applying for a dog license, whether to the contracting pound service of the city or to the Finance Director, shall exhibit a certificate issued by a person licensed by the state, or any other state or nation, to practice veterinary medicine, which certificate shall show that the dog for which the license shall be issued either:

(A) Has been vaccinated in accordance with the provisions of this subchapter; or

(B) Should not be vaccinated with rabies vaccine by reason of age, infirmity or other disability, which disability shall be shown on the face of the certificate and to the satisfaction of the person issuing the license to be in effect at the time of the license application. A license for such dog shall not be issued unless and until such a certificate is so exhibited.

('65 Code, § 6-2.303) (Ord. 761, passed - - )

(A) Required information. Every dog license issued shall state the name and residence of the person to whom the license is issued, the amount and character thereof, the date when issued and the time at which the license will expire. A tag shall be issued with the number and year of the issuance thereof and the words “S. G. Dog License” plainly inscribed thereon. ('65 Code, § 6-2.304) (Ord. 408, passed - - ; Am. Ord. 429, passed - - ; Am. Ord. 471, passed - - )

(B) Recording of vaccination information. At the time any dog license is issued, there shall be stamped or written on the copy of the receipt therefor retained by the Finance Director the date of vaccination and the type of vaccine used on such dog as shown on the veterinarian's certificate, or there shall be stamped or written thereon the words “No vaccination required,” if such license is issued as the result of a certificate of disability. ('65 Code, § 6-2.305) (Ord. 761, passed - - )

(A) A special license tax in an amount established by Council resolution for every dog, male or female shall be paid for the privilege of having and keeping such dog in the city by the owner or person having the custody or control of such dog for each year, or fraction of each year, commencing on July 1 of each year and ending on the next ensuing June 30. ('65 Code, § 6-2.306) (Ord. 408, passed - - ; Am. Ord. 162-C.S., passed - - ; Am. Ord. 170-C.S., passed - - ; Am. Ord. 197-C.S., passed - - )

(B) If the license tax provided for in division (A) of this section is not paid to the city on or before September 1 of the year, an additional amount established by Council resolution is hereby expressly provided as a penalty for failure to pay the special license tax when due, and such penalty shall be in addition to any other penalty provided by law. The license tax provided for, and the amount of the penalty, shall be deemed a debt due to the city, collectible by suit at law, with costs. ('65 Code, § 6-2.307) (Ord. 408, passed - - ; Am. Ord. 842, passed - - ; Am. Ord. 170-C.S., passed - - ; Am. Ord. 197-C.S., passed - - ) Penalty, see § 92.99

The Finance Director shall keep a file wherein shall be kept the name and address of each owner or person to whom such dog tag was issued, the number of each of such tags, and the date of its issuance. He shall also keep a record of the license receipts indicating the vaccination information for a period of not less than one year following the date of the expiration of the licenses to which they relate.

('65 Code, § 6-2.308) (Ord. 408, passed - - ; Am. Ord. 429, passed - - ; Am. Ord. 471, passed - - ; Am. Ord. 761, passed - - )

The owner or person having the care, control or custody of any dog upon which such license tag shall have been paid shall securely fasten the tag upon a suitable collar and securely fasten the collar with the tag attached thereto, upon the dog. A dog harness or other device may be substituted in lieu of the collar if so desired. If the tag is lost, a new license shall be secured as though no license had been issued.

('65 Code, § 6-2.309) (Ord. 408, passed - - ; Am. Ord. 429, passed - - ; Am. Ord. 471, passed - - ) Penalty, see § 92.99

(A) No person owning or having the charge, care, custody or control of any dog shall cause, permit or allow the same to be or to run at large upon any street, lane, alley, court or other public place in the city, or upon any private property or premises in the city other than those of the person owning or having the charge, care, custody or control of such dog, unless such dog shall be restrained by a substantial chain or leash not exceeding six feet in length and is in the care, custody or control of a competent person.

(B) No person owning or having the charge, care, custody or control of any dog shall cause, permit or allow the same to be in any automobile or other vehicle upon any street or other public place in the city unless such dog shall be restrained by a substantial chain or leash not exceeding six feet in length and shall be in the charge, care, custody or control of a competent person.

(C) It shall be unlawful for the owner, keeper, walker or person in control of any animal to dump, deposit, or allow to remain, the excrement of any animal on any public or private property, including streets, sidewalks, public parks, parkways and alleys, other than the animal owner's property. In the event the animal deposits any excrement on any public or private property, including streets, sidewalks, public parks, parkways, and alleys, other than the animal owner's property, the owner, keeper, walker or person in control of the animal, shall immediately remove the animal's excrement and properly dispose of it. Any excrement on the animal owner's property must be properly disposed of in a timely manner so as not to create a health hazard.

(Ord. 471, passed - - ; Am. Ord. 506-C.S., passed 9-19-00) Penalty, see § 92.99

The Poundkeeper, the Health Officer and any police officer of the city shall pursue, capture and impound any dog found or discovered in violation of any of the provisions of this subchapter, and such persons are hereby authorized to enter upon any private property while engaged in the immediate discharge of the duties required of them for the purpose of enforcing the provisions of this subchapter. In the event such persons, or their deputies, shall, upon reasonable pursuit of such dog, or because of its apparent viciousness, be unable to capture it, the Poundkeeper, Health Officer, police officer or deputy shall be empowered to then and there take such action as is deemed appropriate to capture the dog, including but not limited to the use of traps and snares.

('65 Code, § 6-2.311) (Ord. 471, passed - - )

Any person bitten by any animal, and any official of the city, or any other person in the city having knowledge of any person injured through having been bitten by any animal, shall, as soon as possible, report such occurrence to the Health Officer or to the Police Department, giving a description of the animal and the locality where confined. Such animal shall be kept confined until released in writing by the Health Officer. All health and police officers are hereby designated as enforcement officers in carrying out the provisions of this section.

('65 Code, § 6-2.312) (Ord. 471, passed - - )

It shall be the duty of the Health Officer, upon receiving an affidavit from any person who has been bitten by a dog or from any person who has witnessed such occurrence, after investigation and upon reasonable indication of viciousness, to notify the owner or custodian of such dog, in writing, to keep the dog at all times on the property or premises where the owner or custodian resides. After the receipt by the owner or custodian of such dog of such notice, the dog shall at all times thereafter be kept securely restrained on the premises of the owner or custodian by an adequate chain attached to the collar or harness of such dog, or such dog shall be restrained in an enclosure sufficiently strong to prevent such dog from in any manner wandering, straying or getting at large or beyond control until such dog has been released, in writing, by the Health Officer. ('65 Code, § 6-2.313) (Ord. 471, passed - - ) Penalty, see § 92.99

No dog ordered confined pursuant to the provisions of § 92.55 shall be transported, taken or removed from the place of such confinement unless written authority so to do shall be first obtained from the Health Officer. Such authority shall specify the terms and conditions upon which the removal or transportation of such animal may be made, and it shall be unlawful for any person to violate or disregard any of the terms or conditions so prescribed by the Health Officer for the removal or transportation of any such dog. ('65 Code, § 6-2.314) (Ord. 471, passed - - ) Penalty, see § 92.99

(A) Whenever the owner or person having custody or possession of any animal shall observe or learn that such animal has shown symptoms of rabies, or has acted in a manner which would lead a reasonable person to suspect that it might have rabies, such person shall immediately notify the Health Officer to inspect or examine the animal. The Health Officer shall quarantine the animal on the premises where found or may order its removal to a safe place of detention selected by the Health Officer, at the expense of the owner, until it is established to the satisfaction of the Health Officer that such animal does, or does not, have rabies.

(B) It shall be the duty of all veterinarians to hold any animal in quarantine at any kennel, hospital or other place where such veterinarian is treating an animal indicating symptoms of rabies until the disposition of the animal is ordered by the Health Officer.

(C) No person having the custody of an animal suspected of having rabies shall fail, refuse or neglect to surrender the carcass of the animal, or such portion of the carcass as may be demanded, to the Health Officer after the death of the animal.

(D) Any animal suspected of rabies shall be confined and kept under observation until it is either released, destroyed by the written order of the Health Officer, or dies. If, for the protection of life and property, it is necessary to shoot any animal suspected of rabies, every effort shall be made to prevent shooting or injuring the head, which shall be preserved for laboratory examination.

(E) When any animal shall be bitten by another animal having rabies, no person having custody of the animal so bitten, upon being informed thereof, shall fail, refuse or neglect to quarantine such animal and keep it confined or chained for a minimum period of 90 days, and the Health Officer shall have the power, at his discretion, to kill or quarantine the animal so bitten.

(F) No person shall knowingly bring any dog into the city from any place in which rabies shall be present or shall have been known to be present within six months prior thereto without the permission of the Health Officer.

('65 Code, § 6-2.315) (Ord. 471, passed - - ) Penalty, see § 92.99

(A) Rabies vaccination required. Every person keeping, harboring or having a dog over the age of four months in the city shall cause such dog to be vaccinated with rabies vaccine within a period of 30 days from the date such dog was first harbored, kept or had within the city, or within 30 days from the date the dog attains the age of four months; provided, however, the provisions of this section shall not apply so as to require the vaccination of any dog which has been vaccinated by a person licensed by the state, or by any other state or nation, to practice veterinary medicine where such vaccination has been completed within the period of time prescribed as follows:

(1) If chick embryo vaccine was used in the vaccination, it shall have been completed within two years prior to the date the dog was first kept, harbored or brought into the city; or

(2) If tissue phenolized vaccine was used, such vaccination shall have been completed within one year prior to the date the dog was first kept, harbored or brought into the city.

('65 Code, § 6-2.316) (Ord. 761, passed - - ; Am. Ord. 785, passed - - )

(B) Revaccinations required.

(1) Every person keeping, harboring or having a dog in the city, which dog has been vaccinated with chick embryo vaccine, shall cause the dog to be revaccinated within a period of not more than two years after the prior vaccination.

(2) Every person keeping, harboring or having a dog in the city, which dog has been vaccinated with tissue phenolized vaccine, shall cause the dog to be revaccinated with rabies vaccine within a period of not more than one year after the prior vaccination.

('65 Code, § 6-2.317) (Ord. 761, passed - - ) Penalty, see § 92.99

Every person keeping, harboring or having in the city any dog required by this subchapter to be vaccinated shall, at all times while the dog is thus kept, harbored or had, have in his possession a certification issued by a person licensed by the state, or by any other state or nation, to practice veterinary medicine, which certificate shall specify either that the dog has been vaccinated in accordance with the provisions of § 92.58 or that the dog should not be vaccinated by reason of age, infirmity or other disability. ('65 Code, § 6-2.318) (Ord. 761, passed - - ) Penalty, see § 92.99

(A) Capture and impoundment. The Poundkeeper shall capture and impound any dog found within the city which is not wearing a current license issued by any municipality in the county or by the county.

(B) Right of entry. Any officer or employee of the Poundkeeper or any police officer of the city or of any city in the county shall have the right to enter upon any private or public property in the city to examine or capture any dog thereon or therein; provided, however, no such officer or employee shall have the right to enter a house which is in use as a residence without first having secured a search warrant therefor.

(C) Conditions of release. No dog so impounded shall be released to any person except where there has been a performance of the following conditions:

(1) There has been presented to the Poundkeeper a current license for the dog issued by the Finance Director or, if the person keeping, harboring or having the dog is not a resident of the city, such nonresident person has presented to the Poundkeeper a current license conforming to the provisions of this subchapter, for the dog issued by any other municipality in the county or by the county;

(2) There has been paid to the Poundkeeper the impounding, collection and other fees provided by law;

(3) There has been paid to the Poundkeeper a reasonable fee, as determined by the Poundkeeper, for the vaccination of the dog, or there has been shown to the satisfaction of the Poundkeeper that the dog has been vaccinated with rabies vaccine within the time periods and according to the other requirements set forth in § 92.58 of this subchapter, or that a certificate of disability has been issued for the dog; and

(4) The Poundkeeper has determined that the dog does not have and is not reasonably suspected of having rabies.

(D) Vaccination and release. Within 72 hours after the receipt of the vaccination fee, or as soon thereafter as possible, and except as provided in division (E) of this section, the Poundkeeper shall cause the dog for whom the fee has been paid to be vaccinated with chick embryo vaccine by a person licensed by the state to practice veterinary medicine or shall secure from such veterinarian a certificate of disability for the dog. After the dog has been vaccinated, or a certificate of disability has been issued, and if all the conditions of division (C) of this section have been satisfied, the Poundkeeper shall release the dog to the person keeping, harboring or having the dog or to the person making application for the release of the dog.

cine or shall secure from such veterinarian a certificate of disability for the dog. After the dog has been vaccinated, or a certificate of disability has been issued, and if all the conditions of division (C) of this section have been satisfied, the Poundkeeper shall release the dog to the person keeping, harboring or having the dog or to the person making application for the release of the dog.

(E) Examination for rabies. If the Poundkeeper suspects that any dog so impounded has rabies, he shall hold the dog for inspection by a Health Officer of the county. In the event such Health Officer shall determine that the dog is afflicted with rabies, it shall be disposed of or confined for such time as the Health Officer shall direct. In the event such Health Officer suspects that the dog may develop rabies, it shall be confined for such time as the Health Officer shall direct. Whenever such Health Officer shall determine that the dog does not have rabies, it shall be released in accordance with the provisions of this section.

('65 Code, § 6-2.319) (Ord. 761, passed - - )

The Poundkeeper, the Health Officer and all police officers of the city and their respective deputies or representatives are hereby charged with enforcing the provisions of this subchapter.

('65 Code, § 6-2.320) (Ord. 471, passed - - )

IMPOUNDMENT

The City Council may provide for the impoundment of animals either by city forces or by contract with an agency qualified to provide such services. The impoundment of animals shall in accordance with applicable regulations of the state of California and county of Los Angeles.

POTENTIALLY DANGEROUS AND VICIOUS DOGS

It is the purpose and intent of this section to establish procedures pursuant to Cal. Food & Agric. Code § 31601 et seq. to deal with potentially dangerous and vicious dogs. Potentially dangerous and vicious dogs have become a serious threat to the safety and welfare of the citizens of this city. Attacks by potentially dangerous and vicious dogs on human beings and domestic animals are attributable to the failure of owners to register, confine and properly control vicious and potentially dangerous dogs. Potentially dangerous and vicious dogs are declared a public nuisance.

(Ord. 493-C.S., passed 9-15-98)

For the purposes of this chapter, the words set out in this section shall be defined as follows. POTENTIALLY DANGEROUS DOG. One or more of the following:

(1) Any dog which, when unprovoked, engages in any behavior which 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; or

(2) Any dog which, when unprovoked, bites a human being; or

(3) Any dog which, when unprovoked, has killed, seriously bitten, inflicted injury, or otherwise caused injury attacking a domestic animal off the property of the owner or keeper of the dog; or

(4) Any dog which, when unprovoked, chases or approaches a person upon the streets, sidewalks or any public or private property in a menacing fashion or apparent attitude of attack; or (5) Any dog with a known propensity, tendency or disposition to attack unprovoked, to cause injury, or to otherwise threaten the safety of human beings or domestic animals; or (6) Any dog which on three separate occasions within a twelve-month period has been observed to be unrestrained off its owner's premises by an Animal Control or Law Enforcement Officer of the city, or which has been apprehended and/or impounded on three such occasions for being unrestrained or uncontrolled off its owner's premises; or (7) Any dog which engages in or is found to have been trained to engage in exhibitions of fighting. VICIOUS DOG. One or more of the following:

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

(2) Any dog which, when unprovoked, in an aggressive manner inflicts severe injury on or kills a human being. 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; or (3) Any dog previously determined to be currently listed as a "potentially dangerous dog" which, after its owner or keeper has been notified of its determination, continues the behavior described under the definition of "potentially dangerous dog", or any dog previously determined to be currently listed as a potentially dangerous dog, which is not properly licensed and vaccinated, not properly restrained and/or not properly maintained on the owner's property. (Ord. 493-C.S., passed 9-15-98)

§ 92.82 PROCEDURE FOR DECLARING DOG POTENTIALLY DANGEROUS AND/OR VICIOUS.

(A) If an Animal Control Officer or a Law Enforcement Officer has investigated and determined that there exists probable cause to believe that a dog is potentially dangerous or vicious, the City Manager, or his or her designee, shall within ten days of receipt of such notice, set a hearing for the purpose of determining whether or not the dog in question should be declared potentially dangerous or vicious.

Animal Control Officer or a Law Enforcement Officer has investigated and determined that there exists probable cause to believe that a dog is potentially dangerous or vicious, the City Manager, or his or her designee, shall within ten days of receipt of such notice, set a hearing for the purpose of determining whether or not the dog in question should be declared potentially dangerous or vicious.

(B) The City Manager shall notify, in writing, the owner or keeper of the dog that an administrative hearing will be held by the city within 30 days of the Notice of Administrative Hearing, at which time the owner may present evidence as to why the dog in question should not be declared potentially dangerous or vicious.

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

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

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

(F) The City Manager or other person designated by the City Manager shall conduct the administrative hearing.

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

Notice of Administrative Hearing re: Determination and Disposition of Potentially Dangerous or Vicious Dog. This is a Notice of Hearing before the San Gabriel City Manager or his designee, to determine whether your dog (name of dog and description, if available) is a potentially dangerous or vicious dog. If your dog is found to be a potentially dangerous and/or vicious dog as defined by San Gabriel Municipal Code § 92.81 et seq., the City Manager or other person designated as Hearing Officer, may issue orders addressing any of the requirements of this Ordinance, including but not limited to:

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

(2) The dog shall be maintained on owner's property and shall, at all times, be kept indoors, or in a securely fenced yard from which the dog cannot escape, and into which children cannot trespass;

(3) The dog may not be off the owner's premises unless it is restrained by a substantial leash, of appropriate length, and if it is under the control of a responsible adult;

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

(5) The dog shall be destroyed;

(6) Owner shall pay any and all costs incurred by the City in the administration of San Gabriel Municipal Code § 92.80 et seq., including but not limited to costs incurred by the City for housing, maintenance, feeding and providing care, including medical care, of the dog during such time as the dog is in the custody of the City of San Gabriel. (Ord. 493-C.S., passed 9-15-98)

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

(B) If the Hearing Officer finds by a preponderance of evidence that the animal which is the subject of the hearing is potentially dangerous and/or vicious, the Hearing Officer shall prepare findings and an order, which shall specify and make specific orders with respect to the dog as authorized by this chapter. A copy of the findings and order shall be served on the owner of the dog, within five days of the conclusion of the hearing, in accordance with the provisions of § 92.82. (Ord. 493-C.S., passed 9-15-98)

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

(Ord. 493-C.S., passed 9-15-98)

All potentially dangerous and/or vicious dogs shall be properly licensed and vaccinated. The licensing authority shall include the potentially dangerous designation in the registration records of the dog, either after the owner or the keeper of the dog has agreed to the designation or after the city has determined the designation applies to the dog. The city may charge a potentially dangerous dog fee in addition to the regular licensing fee to provide for the increased costs of maintaining the records of the dog. (Ord. 493-C.S., passed 9-15-98) Penalty, see § 92.99

(A) If upon investigation it is determined by the Animal Control Officer that probable cause exists to believe that the dog in question poses an immediate threat to public safety, then the Animal Control Officer may seize and impound the dog pending the hearings to be held pursuant to this chapter. The owner or keeper of the dog shall be liable to the city for the costs and expenses of keeping the dog if the dog is later adjudicated potentially dangerous or vicious.

(B) When a dog has been impounded pursuant to subsection (A) of this section and it is not contrary to public safety, the Animal Control Officer may permit the animal to be confined at the owner's expense in a city-approved kennel or veterinary facility.

(Ord. 493-C.S., passed 9-15-98) Penalty, see § 92.99

If it is determined at the hearing as provided in this chapter that the dog in question is potentially dangerous and/or vicious, the Hearing Officer may assess the owner of the dog for any costs of administration incurred by the city, including but not limited to costs incurred in housing, maintaining and feeding the dog and for any medical attention required for the dog. Costs assessed shall be charged to the owner.

(Ord. 493-C.S., passed 9-15-98) Penalty, see § 92.99

The owner or keeper of any dog determined to be vicious pursuant to this chapter shall at his/her expense have an identification number assigned by the Animal Control Department permanently tattooed on the inner left rear leg of the dog. The identification shall be noted in the city licensing files for that dog. Any dog determined to be vicious shall be sterilized at the owner's expense.

(Ord. 493-C.S., passed 9-15-98) Penalty, see § 92.99

(A) A dog determined to be potentially dangerous or vicious may be destroyed by the Animal Control Department/city when it is found, after a hearing pursuant to § 92.83, 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 potentially dangerous or vicious shall not be destroyed, the Hearing Officer shall impose conditions upon the ownership of the dog that protect the public health, safety and welfare.

(Ord. 493-C.S., passed 9-15-98) Penalty, see § 92.99

(A) A dog determined to be potentially dangerous pursuant to this chapter shall at all times while not securely confined indoors:

(1) Be confined in an area which is securely fenced and locked so as to prevent trespassing by children and from which the dog cannot escape; and

(2) When off the property of its owner or keeper, be humanely muzzled and leashed with a substantial leash or chain not to exceed four feet in length and under the control of a responsible adult who is familiar with and in control of the dog; or

(3) Be humanely confined in a vehicle so that it can neither escape nor inflict injury on passers-by.

(B) A dog determined to be vicious pursuant to this chapter at all times while not securely confined indoors:

(1) Shall be confined in an outdoor fenced enclosure on the property where the dog is kept or maintained, so it cannot bite, attack or cause injury to any person. All enclosures, fences and gates must be constructed of substantial material and installed and maintained in a workmanlike manner. The enclosure must be anchored solidly to the ground and must be of sufficient structural strength and height to ensure the strict confinement of the dog and to prevent unauthorized access. If necessary to accomplish the intent of containment, a cover over the enclosure shall be installed. In addition, any and all gates must be kept locked;

(2) May be off the property of the owner or keeper for purposes of obtaining veterinary care, being sold or given away, complying with any provision of law or with a directive of the City Manager or his designee or the Animal Control Department serving the city. Any such directive of the City Manager or his designee or the Animal Control Department serving the city shall be in writing and made a part of the animal's file with the city and the Animal Control Department serving the city.

(3) When off the property of its owner or keeper or in the care of a veterinarian, shall be securely and humanely muzzled and restrained with a harness and nylon leash, sufficient to restrain the dog, not exceeding four feet in length, and shall be under the direct charge and control of its owner or keeper.

For the purposes of this section, a dog which is humanely muzzled and/or confined in a vehicle shall be able to drink, breathe and pant freely under conditions which do not subject the animal to needless suffering. When circumstances warrant, an Animal Control Officer serving the city may modify conditions of restraint to accommodate the special needs of the dog. Within 48 hours of any restraint modification, the Animal Control Officer shall furnish the City Manager with a written explanation and justification for such modification.

(Ord. 493-C.S., passed 9-15-98) Penalty, see § 92.99

The owner or keeper of a dog which has been determined to be potentially dangerous or vicious pursuant to this chapter shall display a sign, on the property where the dog is kept, containing a visual and verbal warning that there is a dangerous or vicious dog on the property. The sign shall be visible to the general public and capable of being read from any adjacent street, sidewalk or other such public right-of-way.

(Ord. 493-C.S., passed 9-15-98) Penalty, see § 92.99

(A) The owner or keeper of any dog found to be potentially dangerous or vicious pursuant to this chapter shall notify the City Manager and the Animal Control Department immediately if the dog has escaped, is unconfined, has attacked another animal, has bitten a human being, or has died. If the reportable incident referred to in the previous sentence occurs during a weekend or holiday, the immediate telephone notification shall be to the City Police Department.

(B) The owner or keeper of a dog found to be potentially dangerous pursuant to this chapter shall notify, in writing, the Animal Control Department serving the city, the City Manager, and, if applicable, the Police Agency in the jurisdiction of relocation, within 48 hours if the dog is sold, transferred, or permanently removed from the place where the owner or keeper resided or kept the dog at the time the dog was determined to be potentially dangerous. The owner or keeper shall also furnish written notice to the Animal Control Department of any new address where the dog is to be kept and the name, address and telephone number of any new owner.

(C) The owner or keeper of a dog found to be vicious pursuant to this chapter shall notify, in writing, the Animal Control Department serving the city, the City Manager, and, if applicable, the Police Agency in the jurisdiction of relocation, at least 48 hours prior to selling, transferring, or permanently removing the dog to a new location and shall also furnish this notice providing any new address where the dog is to be kept and the name, address and telephone number of any new owner. (Ord. 493-C.S., passed 9-15-98) Penalty, see § 92.99

The owner or keeper of any dog determined to be potentially dangerous or vicious pursuant to this chapter shall consent to inspection of the property where the dog is kept and of the dog upon 24 hours' written notice by the Animal Control Department. The inspection shall be set at a reasonable time and in a reasonable manner to verify full compliance with the requirements of this chapter and/or the requirements of the orders issued by the Hearing Officer.

(Ord. 493-C.S., passed 9-15-98) Penalty, see § 92.99

If there are no additional instances of the behavior described in § 92.81 within a 36 month period from the date of designation as a potentially dangerous dog, the dog shall be removed from the list of potentially dangerous dogs. The dog may, but is not required to be, removed from the list of potentially dangerous dogs prior to the expiration of the 36

month period if the animal or keeper of the dog demonstrates to the Animal Control Department that changes in circumstances or measures taken by the owner or keeper, such as training of the dog, have mitigated the risk to the public safety.

(Ord. 493-C.S., passed 9-15-98) Penalty, see § 92.99

No dog which has previously been determined to be potentially dangerous or vicious after an administrative hearing or court order by another jurisdiction will be allowed to be kept, owned or harbored in the city unless the City Manager or his designee first conducts an administrative hearing, pursuant to this chapter, to determine the present state of the dog and any necessary conditions for relocating and maintaining said animal. Any notice by the Animal Control Department serving the city to remove, abate or destroy any dog owned, harbored, or maintained in violation of this section may be appealed to the City Manager or his designee by filing with the City Manager a written statement of the factual basis for the appeal within five working days of the receipt of the notice.

(Ord. 493-C.S., passed 9-15-98) Penalty, see § 92.99

No dog determined to be potentially dangerous or vicious pursuant to this chapter shall be kept by an owner or keeper who is a minor. (Ord. 493-C.S., passed 9-15-98) Penalty, see § 92.99

CATS

For the purpose of this subchapter, CATS shall mean any cat, irrespective of its age, and shall be deemed to include cats of any gender. (Ord. 674, passed 9-7-21)

(A) Every person owning or having control, custody or possession of any cat within the city may procure a license for each such cat over the age of four months upon submission of proof of rabies vaccination, certified to by a licensed veterinarian, and upon payment of a fee.

(B) The fee shall be as established by resolution of the City Council.

(C) Every cat license issued to any person choosing to participate in the voluntary cat licensing program as set forth herein, shall state the name and residence of the person to whom the license is issued, a description of the cat, the date when issued and the time at which the license will expire. A tag shall be issued with the number and year of the issuance thereof and the words “S. G. Cat License” plainly inscribed thereon.

(D) The Finance Director shall keep a file wherein shall be kept the name and address of each owner or person to whom such cat license was issued, the number of each of such tags, and the date of its issuance, and such other information that they may deem proper.

(E) This section is intended to provide a method for identifying cats for owner redemption. This section is not intended nor shall it be construed to mean the requiring of licenses for cats.

(Ord. 674, passed 9-7-21)

(A) Any person who shall violate any of provision of this chapter, for which no penalty is otherwise provided, shall be guilty of a misdemeanor and shall be punished by a fine of not more than $1,000, or by imprisonment in the city or county jail for not more than six months, or by both such fine and imprisonment.

(B) Every person convicted of an infraction for violation of §§ 92.46, 92.51 or 92.52 shall be punished by a fine not exceeding $100 for a first conviction, a fine not exceeding $200 for a second conviction of the same section within two years of the first conviction and a fine not exceeding $500 for a third conviction of the same section within two years of the first conviction. A fourth conviction within two years of the first conviction shall constitute a misdemeanor.

(C) Any violation of §§ 92.80 - 92.96 involving a potentially dangerous dog shall be punishable by an administrative fine not to exceed $500. Any violation of §§ 92.80 - 92.96 involving a vicious dog shall be punishable by an administrative fine not to exceed $1000. All administrative fines paid pursuant to §§ 92.80 - 92.96 shall be paid to the city for the purpose of deferring costs of implementation of these sections. The City Prosecutor, in his or her sound discretion, may prosecute violations of §§ 92.80 - 92.96 as infractions or misdemeanors.

(Ord. 422-C.S., passed 4-5-94; Am. Ord. 493-C.S., passed 9-15-98; Am. Ord. 509-C.S., passed 11-7-00)