Santa Fe Springs Municipal Code Ch. 92 Animals and Fowl

This chapter shall be known as and may be cited and referred to as "the Animal Control Ordinance."

('64 Code, § 3-1; Ord. 729, passed 12-22-87)

Whenever any reference is made to any portion of this chapter such reference applies to all amendments and additions thereto now or hereafter made.

('64 Code, § 3-2; Ord. 729, passed 12-22-87)

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

Animal. Includes any beast, poultry, bird, reptile, fish or any other dumb animal.

Animal Menagerie. A place where wild animals are kept or maintained for any commercial purpose, including places where wild animals are boarded, trained, or kept for hire.

Animal Shelter. A place where all animals impounded by the Department of Animal Care and Control are placed for their humane care and keeping.

Approved Canine Rabies Vaccine. A canine rabies vaccine which is approved for use by the State of California Department of Public Health.

At Large. An animal off the premises of its owner unless such animal be securely confined by a strong leash securely and continuously held by the owner of such animal, or confined within an automobile.

Cat. Any cat of any age, female as well as male.

Cat Kennel. Any lot, building structure or premises wherein four or more cats over the age of four months are kept or maintained for any purpose.

Director. The director shall mean the Director of the Southeast Area Animal Control Authority.

Dog. Any dog of any age, female as well as male.

Dog Kennel. Any lot, building, structure or premises wherein four or more canine animals over the age of four months are kept or maintained for any purpose.

Horse. Shall include mule, burro, pony, jack, hinny, or jenny.

Impounded. If any animal pursuant to this chapter or any state statute has been received into the custody of any animal shelter, such animal will have been Impounded as that word is used in this chapter.

Owner. Any person, firm or corporation having an interest in, or having control or custody or possession or an interest in, or having control or custody or possession of any animal.

Person. Any firm, partnership, corporation, trust or association or person.

Pet Shop. Any place of business where dogs, under four months of age, or cats, monkeys, birds, reptiles, fish, or any other animals to be used as pets, are kept for sale.

Unlicensed Dog. Any dog for which the license for the current year has not been paid, or to which the tag for the current year provided in this chapter is not attached.

Wild Animal. Any wild, exotic, dangerous or nondomestic animal, including but not limited to mammals, fowl, fish or reptiles.

('64 Code, § 3-6; Ord. 729, passed 12-22-87)

When a power is granted to, or a duty is imposed upon the Director of the Southeast Area Animal Control Authority or other public officer, the power may be exercised or the duty may be performed by a deputy of the officer or by a person authorized, pursuant to law, by the officer, unless this chapter expressly provides otherwise.

('64 Code, § 3-4; Ord. 729, passed 12-22-87)

No person owning, having an interest in, or having control, custody or possession of any dog shall fail, neglect or refuse to license and register such dog if over four months of age, in compliance with the terms of this chapter.

('64 Code, § 3-14; Ord. 729, passed 12-22-87)

Cross reference— Penalty, see § 10.97

(A) No person shall fail or refuse to exhibit the registration of any animal required to be licensed by this chapter when required to do so by the Director or any police officer.

(B) Violation of this section shall be deemed an infraction.

('64 Code, § 3-15; Ord. 729, passed 12-22-87)

Cross reference— Penalty, see § 10.97

(A) A metallic tag and license certificate with corresponding numbers shall be furnished by the Director of Police Services or one of his authorized agents, to any person required by this chapter to obtain a license upon payment of the appropriate fee prescribed in this chapter.

(B) The Director of Police Services shall keep a record of the name, address and telephone number of the owner of the dog or person making payment of said license fee, and to whom a certificate and tag is issued, and the number and date of such certificate. Such metal tag issued for the current license year shall be securely fastened to the collar or harness of the dog and shall be worn by such dog at all times other than those periods when confined to the owner's house, enclosed yard or pen. A duplicate of a lost license tag may be procured from the Director of Police Services upon proof of loss and payment of a fee as set by City Council resolution.

('64 Code, § 3-16; Ord. 729, passed 12-22-87)

(A) Any owner, with the exception herein provided, of a dog over the age of four months in the city shall obtain a dog license and pay an original or renewal license fee (as established by resolution) on or before July 1 and each year thereafter, except that the license fee for a spayed or neutered (altered) dog shall be 1/2 the normal fee. The owner has the burden of proof to show the dog has been altered. License fees shall be due and payable within 30 days after any dog is acquired and comes into the care, custody and control of any person in said city.

(B) Any person who fails to obtain an original license within 30 days after his or her owning any dog or any dog coming into his or her care, custody and control in this city, or does not renew an expired license within 30 days of the expiration date, shall pay, in addition to the original license fee, a penalty fee in an amount set by City Council resolution.

('64 Code, §§ 3-17—3-18; Ord. 729, passed 12-22-87; Am. Ord. 859, passed 7-13-95)

No license fee shall be required for the following:

(A) Seeing-eye dogs.

(B) Dogs honorably discharged from the Armed Forces of the United States.

(C) Dogs in the care, custody and control of nonresidents who are traveling through the city, or temporarily staying in the city for a period not exceeding 30 days, or dogs temporarily brought into the city for the exclusive purpose of being entered in a bench show or dog exhibition, provided such dogs are so entered and not kept elsewhere in the city.

('64 Code, § 3-19; Ord. 729, passed 12-22-87)

(A) No person shall fail or refuse to show to the Director or any police officer, the license certificate and the tag for any duly registered dog kept or remaining within any home or upon any enclosed premises under his immediate control.

(B) Violation of this section shall be deemed an infraction.

('64 Code, § 3-20; Ord. 729, passed 12-22-87)

Cross reference— Penalty, see § 10.97

(A) No unauthorized person shall remove from any dog, any collar, harness, or other device to which is attached a registration tag for the current year or to remove such tag therefrom.

(B) Violation of this section shall be deemed an infraction.

('64 Code, § 3-21; Ord. 729, passed 12-22-87)

Cross reference— Penalty, see § 10.97

(A) No person shall imitate or counterfeit the tags in this chapter provided for, or shall use any imitation or counterfeit of such tag.

(B) Violation of this section shall be deemed an infraction.

('64 Code, § 3-22; Ord. 729, passed 12-22-87)

Cross reference— Penalty, see § 10.97

(A) No dog license is transferable.

(B) Violation of this section shall be deemed an infraction.

('64 Code, § 3-23; Ord. 729, passed 12-22-87)

Cross reference— Penalty, see § 10.97

Every person applying for a dog license must exhibit a certificate issued by a person licensed by the State of California, or by any state or nation, to practice veterinary medicine, which certificate shall show that the dog for which the license shall be issued, either has been vaccinated in accordance with the provisions of §§ 92.035 and 92.036 of this chapter, or should not be so vaccinated by reason of age, infirmity or other disability. Such exemption shall be valid for a period not to exceed one year. A license for any dog shall not be issued unless and until either such certificate is exhibited.

('64 Code, § 3-24; Ord. 729, passed 12-22-87)

The amount of any license fees imposed by this chapter shall be deemed a debt to the city and any person keeping any animal without having obtained a license and registration certificate from the city shall be liable to an action in the name of the city in any court of competent jurisdiction for the amount of the license fees and penalties imposed and required by this chapter to be paid for the privilege of keeping such animal and it shall be the duty of the Director to cause a complaint to be filed against any person violating any of the provisions of this chapter. Such action shall be cumulative and shall not be deemed a bar to, or a waiver of, the right of the city to prosecute any person for a violation of this part or any other applicable provision of this chapter.

('64 Code, § 3-25; Ord. 729, passed 12-22-87)

(A) 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 a type of rabies vaccine approved by the Los Angeles County Health Officer within a period of 30 days from the date such dog was harbored, kept or had within the city, or within 30 days from the date the said dog obtains the age of four months; provided, however, that the aforesaid provision shall not apply so as to require the vaccination of any dog which has been vaccinated with an approved vaccine 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 as hereinafter prescribed in this section.

(B) If chick embryo vaccine was used in such vaccination, it must have been completed within 30 months or if the tissue-type vaccine was used, it must have been completed within one year prior to the date such dog was first kept, harbored or brought into the city.

('64 Code, § 3-26; Ord. 729, passed 12-22-87)

Cross reference— Penalty, see § 10.97

Every person keeping, harboring or having in the city a dog which has been vaccinated with chick embryo vaccine shall cause such dog to be vaccinated within a period of not more than two years, or which has been vaccinated with a tissue-type vaccine shall cause the dog to be vaccinated within a period of not more than one year.

('64 Code, § 3-27; Ord. 729, passed 12-22-87)

Cross reference— Penalty, see § 10.97

Every person keeping, harboring or having in the city any dog required by this chapter to be vaccinated shall at all times while such dog is thus kept, harbored or had, have in his possession a certificate issued by a person licensed by the state, or any other state or nation, to practice veterinary medicine, which certificate shall specify that such dog has been vaccinated in accordance with the provisions of §§ 92.035 and 92.036.

('64 Code, § 3-28; Ord. 729, passed 12-22-87)

Cross reference— Penalty, see § 10.97

(A) No person owning, having an interest in, harboring, or having charge, care, control, custody or possession of any dog shall cause or permit such dog to be off the premises of its owner, unless such dog is securely confined by a strong leash of not exceeding six feet, securely and continuously held by a competent person owning, having an interest in, harboring or having charge, care, control, custody or possession of such dog, or unless such dog be confined within an automobile.

(B) Violation of this section shall be deemed an infraction.

('64 Code, § 3-29; Ord. 729, passed 12-22-87)

Cross reference— Penalty, see § 10.97

(A) Any person who captures an animal at large, as defined in § 92.045, shall within 24 hours, give notice to the Director.

(B) Such notice shall include the following:

(1) The fact that he has such animal in his possession.

(2) The complete description of such animal.

(3) The license number of such animal, if any, and by what county or municipal corporation issued. If such animal has no license, such person shall so state.

(4) The place where such animal is confined and shall thereafter surrender said animal to the Director upon request.

(C) Violation of this section shall be deemed an infraction.

('64 Code, § 3-30; Ord. 729, passed 12-22-87)

Cross reference— Penalty, see § 10.97

(A) No person owning or having control of any ox, steer, bull, cow, horse, colt, calf, sheep, goat, or any animal commonly referred to as a "wild species" shall:

(1) Permit such animal to run at large in the city;

(2) Cause or permit any such animal to be pastured, herded, staked, or tied in any street, lane, alley, park or other public area;

(3) Tie, stake, pasture or permit the tying, staking or pasturing of any such animal upon any private property within the limits of the city, without the consent of the owner or occupant of such property, or in such a way as to permit any such animal to trespass upon any street or public place or upon any such private property; or

(4) Permit any said animals to be or remain during the nighttime secured by a stake, or secured in any manner other than by enclosing such animal in a pen, corral, or barn sufficient and adequate to restrain such animal, or by securely fastening such animal by means of a rope, or chain of sufficient size, strength and weight to effectively restrain such animal; or

(5) Fail to provide the necessary sustenance, drink, shelter or protection from the weather, or otherwise.

(B) It is hereby declared to be a nuisance and no person shall suffer or permit any rabbits and/or permitted birds and/or fowl, owned or controlled by him or it, to run or fly at large or to go upon the premises of any other person in the city.

(C) No person owning or having control of any monkey, ape, chimpanzee, or other animal of the monkey type, shall permit, allow or suffer such animal to run at large within the city or permit, allow, or suffer such animal to be or go upon any street or public place within the city without having such animal securely fastened by an adequate chain or rope, firmly held by or attached to a competent person. Such animal shall be deemed and considered as running at large, within the meaning of the expression as herein used, when not confined within an enclosure or when not securely tied or chained.

(D) Violation of this section shall be deemed an infraction.

('64 Code, § 3-31—3-33; Ord. 729, passed 12-22-87)

Cross reference— Penalty, see § 10.97

(A) No person owning or having charge, custody, control or possession of any animal or reptile known by such person to be vicious or dangerous, or commonly so known, or owning or having charge, custody, control or possession of any elephant, bear, hippopotamus, rhinoceros, lion, tiger, leopard, wolf, monkey, ape, chimpanzee, bobcat, lynx, wildcat, puma, cheetah, or any animal commonly referred to as a "wild species" or any poisonous reptile, shall permit or allow the same to be at large upon any highway, street, alley, court, or other public place or upon any private property other than within the enclosed premises of such person.

(B) Any dog having a disposition or propensity to attack or bite any person or animal without provocation is hereby defined as a wild or vicious animal. The Director shall notify the owner or harborer in writing to keep such animal within a substantial enclosure or securely attached to a chain or any other type of control which is reasonably adequate under the circumstances. If such restraint is impossible or impracticable, such animal shall be impounded until the owner or harborer is able to comply with the Director's order. If, upon receiving said written notification, the owner or harborer fails to provide adequate restraint or control of said animal as ordered by the Director within a reasonable time, said animal shall be subject to summary destruction.

(C) Where the official records of the Director indicate a dog has bitten any person or persons or animal on two or more separate occasions, it shall be prima facie evidence that said dog is a wild or vicious animal.

(D) Violation of this section shall be deemed an infraction.

('64 Code, § 3-34; Ord. 729, passed 12-22-87)

Cross reference— Penalty, see § 10.97

There shall be provided by the city or by the Director upon such terms and conditions as shall be named in a contract executed by and between the Director and the legislative body of the city, a suitable building or enclosure to keep and safely hold all animals herein enumerated which are subject to be impounded, which shall be known and designated as the "animal shelter."

('64 Code, § 3-35; Ord. 729, passed 12-22-87)

It shall be the duty of the Director to take up, impound and safely keep any of the animals enumerated in this chapter found running at large, staked, tied or being herded or pastured in any street, lane, alley, court, square, park or other place belonging to or under the control of said city, or upon any private property in said city, contrary to the provisions of this chapter.

('64 Code, § 3-36; Ord. 729, passed 12-22-87)

When any animal is to be impounded, it shall be provided with proper and sufficient food and water by the Director for a period of at least three days, or such longer period as may be provided hereinafter.

('64 Code, § 3-37; Ord. 729, passed 12-22-87)

The owner of any animal impounded shall have the right to reclaim the same charges hereinafter provided in this chapter for impounding and keeping said animals.

('64 Code, § 3-38; Ord. 729, passed 12-22-87)

The Director shall charge, receive and collect fees as established by the authority for impounding, board, sale, veterinary care and field owner-relinquished animals.

('64 Code, § 3-39; Ord. 729, passed 12-22-87; Ord. 767, passed 3-8-90)

It shall be the duty of the Director to issue and sign a death warrant for and to order the destruction of any animal lawfully taken into custody, which in the opinion of the Director is infected with a dangerous or communicable disease, or which is in an incurable crippled condition, or which is adjudged by a written report of a licensed veterinarian to be afflicted with any painful incurable disease.

('64 Code, § 3-40; Ord. 729, passed 12-22-87)

It shall be the duty of the Director and of any police officer of this city to take all dogs found in violation of § 92.045 of this chapter. When such dog is taken up, it shall be delivered to the Director.

('64 Code, § 3-41; Ord. 729, passed 12-22-87)

When any dog or cat is impounded, the Director shall immediately notify the owner thereof, if known to him, by written notice or telephone and shall hold such animal for a period of at least ten days after written notification.

('64 Code, § 3-42; Ord. 729, passed 12-22-87)

Subject to the other provisions of this chapter, any person may make application to the Director for the return of any dog or cat, and upon presentation of proof satisfactory to the said Director that such person is the owner or is rightfully entitled to the possession of such dog or cat, may recover such dog or cat upon the payment of the required fee. The fee for recovery shall be as stated in § 92.064.

('64 Code, § 3-43; Ord. 729, passed 12-22-87)

Prior to the release of any dog from the animal shelter to its owner, proof of rabies vaccination shall be required. If owner fails to show proof, the veterinarian on duty shall administer such vaccination for a fee as set by City Council resolution.

('64 Code, § 3-44; Ord. 729, passed 12-22-87)

(A) All licensed dogs impounded at the animal shelter shall be provided with proper and sufficient food and water by the Director for a period of at least ten days after written notice is given to the owner, and on unlicensed dogs for a period of at least three days.

(B) All cats impounded at the animal shelter shall be provided with proper and sufficient food and water by the Director for a period of at least ten days after written notice is given to the owner for cats displaying some type of identification. Cats without identification shall be held for at least five days after which time these cats may be destroyed, except that cats determined by the Director to be wild may be disposed of by the Director upon impoundment.

('64 Code, §§ 3-45—3-46; Ord. 729, passed 12-22-87; Ord. 767, passed 3-8-90)

Dogs and cats not redeemed may be sold by the Director to the person offering to pay the highest cash amount thereof, provided that the purchaser shall not be given possession of any such dog or cat until he shall have paid to the Director the charges prescribed for such dog or cat. If any dog or cat impounded by the Director shall not have been redeemed within such periods, and cannot be sold within a reasonable time thereafter, it may be summarily disposed of by the Director in some humane way. The Director shall file at the animal shelter a full description of each dog and cat impounded therein, for said period beginning on the day any such dog and cat is taken or delivered into the possession of the Director.

('64 Code, § 3-47; Ord. 729, passed 12-22-87)

It shall be unlawful for any person having knowledge of the whereabouts of an animal known to have or suspected of having rabies or has shown symptoms of rabies, to fail, refuse or neglect to immediately notify the Director, or to fail, refuse or neglect to allow the Director to make an inspection to the satisfaction of said official that such animal has or has not rabies. The Director shall likewise be notified of any person bitten by an animal of a species subject to rabies, whether or not the animal is suspected of having rabies.

('64 Code, § 3-49; Ord. 729, passed 12-22-87)

Cross reference— Penalty, see § 10.97

Whenever any person having charge, care, control, custody or possession of any dog has knowledge that such dog has bitten any person, the persons having charge, care, control, custody or possession of such dog shall report said fact in writing forthwith to the Director or a police officer. The report shall state the name and address of the person bitten and the time and place such person was bitten.

('64 Code, § 3-50; Ord. 729, passed 12-22-87)

Cross reference— Penalty, see § 10.97

Whenever it is shown that any dog or other animal has bitten any person, no owner or person having the custody or possession thereof, upon order of the Director, any police officer, or the Health Officer, shall fail, refuse or neglect to quarantine such animal and keep it securely confined on a chain or in a closed cage or paddock for a period of ten days, or shall fail, refuse or neglect to allow the Director to make an inspection or examination thereof at any time during said period. No such dog or animal shall be removed without written permission of the Director, any police officer or the Health Officer or his deputies.

('64 Code, § 3-51; Ord. 729, passed 12-22-87)

Cross reference— Penalty, see § 10.97

Whenever it is suspected that any animal shall have been bitten by another animal having, or suspected of having rabies, all rules and regulations under § 92.102 of this chapter shall apply where applicable substituting the word "animal" or "dog."

('64 Code, § 3-52; Ord. 729, passed 12-22-87)

The animal shelter shall not sell or give away any female cat more than six months of age that has not been spayed, or any male cat of more than six months of age that has not been altered. The animal shelter shall not sell or give away any cat less than six months of age unless the cost of spaying or altering such cat has been deposited in trust with the Director for payment to a veterinarian or spaying or altering clinic designated by the person purchasing or receiving the cat. The deposit shall be refunded to the owner upon proof of sterilization.

('64 Code, § 3-53; Ord. 729, passed 12-22-87)

No owner or person having charge, custody or control of any dog shall permit, either willfully or through failure to exercise due care to control, any such dog to defecate and to allow such feces thereafter to remain on any public sidewalk or park or any other public property, or on any improved private property other than that of the owner or person who has custody or control of such dog; provided, however, that the foregoing shall not apply to public or private street gutters.

('64 Code, § 3-54; Ord. 729, passed 12-22-87)

Cross reference— Penalty, see § 10.97

No person shall dye, color, or otherwise artificially treat any rabbit, baby chick, duckling or other fowl.

('64 Code, § 3-55; Ord. 729, passed 12-22-87)

Cross reference— Penalty, see § 10.97

No person shall display, sell, offer for sale, barter to give away any rabbit, baby chick, duckling or other fowl which has been dyed, colored or otherwise artificially treated.

('64 Code, § 3-56; Ord. 729, passed 12-22-87)

Cross reference— Penalty, see § 10.97

Every person owning or occupying premises where any animal, fowl or bird is kept shall keep the stable, barn, stall, pen, coop, building or place in which said animal is kept in a clean and sanitary condition.

('64 Code, § 3-57; Ord. 729, passed 12-22-87)

Cross reference— Penalty, see § 10.97

Every person owning or operating any veterinary hospital or other establishment for the treatment of animals, shall give written notice to the owner of any such animal left in the hospital or institution for treatment, of the death of such animal, provided the name and address of the owner has been filed in the office of the veterinary hospital or other institution.

('64 Code, § 3-58; Ord. 729, passed 12-22-87)

It is hereby declared to be a nuisance and no person shall cause, suffer or permit the carcass of any animal to remain upon any lot, premises or place owned, controlled or occupied by him or it for a period of more than 24 hours, or to bury the carcass of any animal upon any premises owned, controlled or occupied by him or it in the city.

('64 Code, § 3-59; Ord. 729, passed 12-22-87)

Cross reference— Penalty, see § 10.97

No person shall bring any dog, cat or other live animal, or permit any dog, cat or other live animal to be brought into or remain in any room or place, other than a private home where food is not handled for commercial purposes, in which meat, fish, game, poultry, fruit, vegetables, bakery goods or any other food or food product is stored, kept, held, prepared, exposed or offered for sale, or sold for human consumption, or permit any dog, cat or other live animal to ride upon or get into or upon any wagon, or other vehicle in which any such articles offered or to be offered for sale for human consumption are being kept or transported; provided, however, that the provisions of this section shall apply to a dog trained to guide the blind.

('64 Code, § 3-60; Ord. 729, passed 12-22-87)

Cross reference— Penalty, see § 10.97

No person shall transport any animal on the running board of any motor vehicle or outside the passenger compartment, tonneau or body thereof, unless such animal is protected by a framework or other device which will prevent such animal from falling off, jumping or being thrown from such motor vehicle whether in motion or not.

('64 Code, § 3-61; Ord. 729, passed 12-22-87)

Cross reference— Penalty, see § 10.97

No person shall keep any animal which is known or believed by him to be infected with any dangerous or communicable disease, or which is afflicted with any painful disease believed by him to be incurable, without a permit to do so from the Health Officer of the city.

('64 Code, § 3-62; Ord. 729, passed 12-22-87)

Cross reference— Penalty, see § 10.97

It is hereby declared to be a nuisance, and no person shall keep, maintain or permit upon any lot or parcel of land within the city under his control, any animal or animals, including any fowl or fowls, which by any sound, or cry, shall interfere with the comfortable enjoyment of life or property by an entire community or neighborhood or by any considerable number of persons.

('64 Code, § 3-63; Ord. 729, passed 12-22-87)

Cross reference— Penalty, see § 10.97

No person shall set or use any spring steel trap, No. 1 or larger, in the city (this section shall not prohibit the use of gopher traps).

('64 Code, § 3-64; Ord. 729, passed 12-22-87)

Cross reference— Penalty, see § 10.97

No person shall keep or maintain or suffer or permit to be kept or maintained upon any premises owned or controlled by him or it, any dog, male or female, kept mainly for breeding purposes, except within industrially zoned property and then only in an approved kennel.

('64 Code, § 3-65; Ord. 729, passed 12-22-87)

Cross reference— Penalty, see § 10.97

No person shall keep or maintain or suffer or permit to be kept or maintained upon any premises owned or controlled by him, any cat, male or female, kept mainly for breeding purposes, except within industrially zoned property and then only in an approved kennel.

('64 Code, § 3-66; Ord. 729, passed 12-22-87)

Cross reference— Penalty, see § 10.97

Any person owning or having control, custody, charge or possession of any cat or dog for breeding purposes shall secure a cat or dog breeding permit from the Director. The fee for said cat or dog breeding permit shall be as set by City Council resolution. Any kitten or puppy sold from a litter for a profit over and above the cost of advertising, if any, shall be prima facie evidence of cat or dog breeding.

('64 Code, § 3-67; Ord. 729, passed 12-22-87)

Cross reference— Penalty, see § 10.97

In any portion of the city, no person shall establish, keep or maintain, or suffer or permit to be established, kept or maintained, upon premises owned or controlled by him, in the city any cat kennel, except within industrially zoned property and then only in an approved kennel.

('64 Code, § 3-68; Ord. 729, passed 12-22-87)

Cross reference— Penalty, see § 10.97

In order to provide a method for identifying cats, a license may be obtained as prescribed in §§ 92.015 through 92.025 of this chapter. This section shall not require the licensing of cats, but merely provide for their optional licensing.

('64 Code, § 3-69; Ord. 729, passed 12-22-87)

No person owning or having charge, custody, control or possession of any animal, reptile or serpent described in § 92.048 of this chapter, shall allow such animal, reptile or serpent within the enclosed premises of such person unless and until he has first secured a permit to do so and complies with all terms and conditions of such permit and, in addition thereto, such animal, reptile or serpent shall at all times be so confined, controlled and restrained in such manner so the life, limb or property of any person lawfully entering such premises shall not be endangered.

('64 Code, § 3-70; Ord. 729, passed 12-22-87)

Cross reference— Penalty, see § 10.97

Except as hereinafter provided, no person shall have, keep, maintain or have in his possession or under his control within the city any animal or reptile described in § 92.048 of this chapter, without first applying to and receiving a permit from the Director to do so.

('64 Code, § 3-71; Ord. 729, passed 12-22-87)

Cross reference— Penalty, see § 10.97

(A) An application for any permit required pursuant to this chapter shall be made to the Director in writing and upon a form furnished by the Director if so required.

(B) The application shall be verified by the person who desires to have, keep, maintain or have in his possession, or under his control, in the city, the animal or reptile for which a permit is required, and shall set forth the following:

(1) Name, address and telephone number of the applicant.

(2) The applicant's interest in such animal or reptile.

(3) The proposed location, and the name, address and telephone number of the owner of such location, and of the lessee, if any.

(4) The number and general description of all animals or reptiles for which the permit is sought.

(5) Any information known to the applicant concerning vicious or dangerous propensities of all such animals or reptiles.

(6) The housing arrangements for all such animals or reptiles with particular details as to safety of structure, locks, fencing, and the like.

(7) Safety precautions proposed to be taken.

(8) Noises or odors anticipated in the keeping of such animals or reptiles.

(9) Prior history of incidents involving the public health or safety involving any of said animals or reptiles.

(10) Any additional information required by the Director at the time of filing such application or thereafter.

('64 Code, § 3-72; Ord. 729, passed 12-22-87)

The fee for a permit application shall be in an amount as set by City Council resolution for one wild or dangerous animal plus an additional fee for two or more wild or dangerous animals, total fee not to exceed an amount set by City Council resolution for any one permit application. Said fee shall be payable to the Director at the time of filing the permit application. Accretions by natural birth shall not require additional permits during the period of a valid permit. Said fees are not refundable regardless of whether or not any permit is issued.

('64 Code, § 3-73; Ord. 729, passed 12-22-87)

Copies of any application for permit under this subchapter shall be sent by the Director of Police Services, and no permit shall be granted without receipt of a report from the departments or agencies to which copies of the application have been sent, unless waived by the City Manager/Administrator for good cause.

('64 Code, § 3-74; Ord. 729, passed 12-22-87)

(A) Any person dissatisfied with the ruling of the Director may, within ten days thereafter, appeal from said decision to the City Council; such appeal shall be a simple statement in writing setting forth in common terms the basis of said appeal.

(B) An appeal fee in an amount set by City Council resolution shall be required for each appeal to the City Council. No appeal shall be placed on the agenda of any meeting of the City Council until such fee has been paid.

('64 Code, § 3-75; Ord. 729, passed 12-22-87)

No permit shall be granted except with the conditions attached as shall, in the opinion of the person or agency approving such permit, reasonably ensure the public health, safety and general welfare, and no permit shall be granted in any event for any animal, reptile or serpent at any particular location except upon an explicit finding by the person or agency approving such permit that the issuance thereof will not be contrary to the public health, safety and general welfare.

('64 Code, § 3-76; Ord. 729, passed 12-22-87)

The Director may, following application for a permit and pending final disposition of the same, grant a temporary permit for the maintenance within the city of any such animal or reptile upon such conditions as he shall, in his sole discretion, require when, in his opinion, there is no reasonable doubt as to the consistency thereof with the public health, safety and general welfare, but no animal or reptile shall be otherwise kept or maintained within the city or permitted to occupy any premises within the city, except while such a regular or temporary permit is in full force and effect.

('64 Code, § 3-77; Ord. 729, passed 12-22-87)

Cross reference— Penalty, see § 10.97

The Director shall take possession of any animal or reptile described under § 92.048 of this chapter for which a permit has not been issued, or if previously issued, has been revoked, and keep the same until the proper permit has been secured by the owner thereof and shall release the same to the owner when all fees and costs have been paid and all laws and permit conditions complied with.

('64 Code, § 3-78; Ord. 729, passed 12-22-87)

No permit required by this subchapter shall be granted for a period in excess of one year. An application for renewal of any permit shall be made not less than 45 days prior to the expiration thereof and shall be accompanied by the same fee as required upon making the original application or the payment of an additional fee when, in the opinion of the Director of Police Services do not require further investigation prior to such renewal.

('64 Code, § 3-79; Ord. 729, passed 12-22-87)

The Director may, for good cause, revoke any permit or modify any terms or provisions thereof, except which permits which have been approved by the City Council, after informal public hearing, and may, in the event it is reasonably necessary to protect against an immediate threat or danger to the public health or safety, suspend any permit or portion thereof without hearing for a period not to exceed 30 days.

('64 Code, § 3-80; Ord. 729, passed 12-22-87)

Any person aggrieved by such action may, upon payment of an appeal fee in an amount set by City Council resolution, have such action reviewed by the City Council, but the filing of an appeal shall not stay any order of suspension.

('64 Code, § 3-81; Ord. 729, passed 12-22-87)

Commercial establishments possessing such animals or reptiles for the purpose of sale or display may replace the same with other of the same kind, but the number of each shall not be in excess of the number thereof allowed by the terms of such permit. Such establishments may, at the discretion of the approving agency, be granted a permit for those such numbers of each kind of animal or reptile as do not exceed the maximum such establishment estimates will be maintained by it in the city at one time during the period of the permit. Such permit shall require the immediate notification of the Director upon the acquisition of any animal or reptile having a prior history of any incident involving the public health or safety, or resulting in any bodily injury or property damage.

('64 Code, § 3-82; Ord. 729, passed 12-22-87)

The permit requirements of this subchapter shall not apply to any person so keeping or maintaining or having in his possession or control any animal or reptile defined in § 92.048 of this chapter when such person is transporting such animal or reptile through the city, has taken adequate safeguards to protect the public, and has notified the local law enforcement agency of the proposed route of transportation and time thereof.

('64 Code, § 3-83; Ord. 729, passed 12-22-87)

The provision of this subchapter shall not apply to animals which are kept confined in any public zoo, museum or circus, carnival, exhibition or show.

('64 Code, § 3-84; Ord. 729, passed 12-22-87)

The Southeast Area Animal Control Authority, under the administrative management of the Director, and the office of the Director, is hereby established.

('64 Code, § 3-7; Ord. 729, passed 12-22-87)

The Director of the Southeast Area Animal Control Authority shall be vested with the necessary police powers and duties of a police officer for the exclusive purpose of enforcing the provisions of this chapter, and it shall be his duty to make arrests and issue citations for violations of any of the provisions of this chapter. The Director of the Southeast Area Animal Control Authority shall enforce all of the laws of the city, county and state relating to the care, treatment and impounding of dumb animals and to the prevention of cruelty to dumb animals.

('64 Code, § 3-8; Ord. 729, passed 12-22-87)

It is hereby made the duty of the Director of the Southeast Area Animal Control Authority to enforce any other sections of this chapter whether enumerated as a duty or not.

('64 Code, § 3-9; Ord. 729, passed 12-22-87)

No person shall rescue or attempt to rescue any animal mentioned herein from the possession of the Director of the Southeast Area Animal Control Authority, nor interfere with the Director, or any of his deputies, in the performance of their official duties.

('64 Code, § 3-10; Ord. 729, passed 12-22-87; Ord. 816, passed 10-22-92)

Cross reference— Penalty, see § 10.97

The Director of the Southeast Area Animal Control Authority or his deputy animal control officers or any police officer is authorized to enter upon any premises upon which any animal is kept, for the purpose of taking up, seizing or impounding any animal found running at large, or staked, herded or grazing thereon, contrary to the provisions of this chapter, for the purpose of ascertaining whether such animal is licensed as provided in this chapter, or state relating to the care, treatment or impounding of dumb animals or to the prevention of cruelty to dumb animals is being violated, provided there is probable cause to believe there is a violation.

('64 Code, § 3-11; Ord. 729, passed 12-22-87)

It shall be the duty of the Director of the Southeast Area Animal Control Authority to enforce those sections of the California Penal Code pertaining to the inhumane treatment of dumb animals, and to take possession of animals so abandoned or neglected, and care for or dispose of same as provided for in the California Penal Code or this chapter.

('64 Code, § 3-12; Ord. 729, passed 12-22-87)

(A) The Director of the Southeast Area Animal Control Authority may establish a clinic, at which members of the public may have dogs and cats spayed or neutered in a humane manner upon payment of the following fees as set by City Council resolution.

(B) A person submitting a dog or cat for the above service shall sign a consent form certifying thereon under penalty of perjury that he is the owner of said animals or setting forth facts showing that he is otherwise authorized to present the animal for the above operation and such person may be required to furnish proof of such ownership or authority. Such consent shall contain a waiver of any and all liability of the city, the Southeast Area Animal Control Authority and any employees thereof for any injury or death to an animal arising out of the aforementioned operation or any services provided incidental thereto.

(C) The Southeast Area Animal Control Authority shall establish a return date by which a person submitting an animal for the above operation shall pick up said animal or be subject to a reasonable board and care fee to commence the day after such return date. Failure to pick up an animal within 15 days of said return date shall be deemed abandonment of such animal and the Director may dispose of it by sale or destruction.

('64 Code, § 3-13; Ord. 729, passed 12-22-87)