South Pasadena Municipal Code Div. I Generally

The following words or terms shall have the meanings respectively ascribed to them in this section:

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

“Dog” means any male, female or spayed female dog four months of age or older.

“Dog kennel” means any place in the city where four or more dogs are boarded, given treatment or kept.

“Health officer” means any person designated by the city council, or any authorized deputy of such person.

“Horse” means any mule, burro, pony, jack, hinney or jenny.

“License collector” means the director of finance of the city.

“Person” means any firm, partnership, corporation, trust or association of persons.

“Poundmaster” means any person designated by the city council by contract, or any authorized deputy of such person. (Ord. No. 896, § 1; Ord. No. 1338, § 1; Ord. No. 2037 §§ 1, 2).)

Any resident of the city owning, caring for or harboring a dog or any other animal for fifteen consecutive days shall be deemed to be the owner thereof within the meaning of this article. This section shall be read in conjunction with Section 5.39 of this code. (Ord. No. 896, § 6; Ord. No. 2037 § 3.)

It is unlawful for any person to keep or harbor on any lot or parcel of land within the city more than three dogs, except as the operator of a kennel as defined in SPMC 5.24; provided, however, that the city, upon written application showing good cause, may grant a special permit to keep or harbor more than such number, which permit shall be revocable at the discretion of the city, pursuant to procedures established by resolution. (Ord. No. 896, § 18; Ord. No. 2306, § 1, 2016.)

It is unlawful for any person owning or having charge, control or care of any dog, four months of age or older, to keep the same within the city without having secured and being in possession of a current license from the director of finance. (Ord. No. 896, § 2; Ord. No. 2056, § B.)

• For state law as to authority of cities to impose dog licenses, see Gov. C.A., § 38792.

The director of finance, after payment of the license fee specified in Section 5.34 of this code, and after receiving the certificates described in Section 5.41 of this code, and not before, shall issue a license tag in form as approved by him. (Ord. No. 896, § 3; Ord. No. 1179, § 1.)

Any license tag issued under this article shall be valid up until the current vaccination expires, as described in Section 5.41, but no longer than thirty-six months. (Ord. No. 896, § 3; Ord. No. 1179, § 1; Ord. No. 1823, § 1; Ord. No. 2056, § B.)

All license fees are due and payable within fifteen days from the date the dog attains the age of four months or is first brought within the city, as described in Section 5.25 and Section 5.27, and become delinquent after thirty days as described in Section 5.34. All license renewal fees are due and payable on expiration of the license and become delinquent thirty days after expiration of license. (Ord. No. 896, § 3; Ord. No. 1179, § 1; Ord. No. 1823, § 2; Ord. No. 2056, § B.)

The license tag shall be affixed to a collar or harness and worn at all times by the dog. (Ord. No. 896, § 3; Ord. No. 1179, § 1.)

The basic license fee shall be for a period of thirty-six months or less, and expire when the current vaccination expires, see Section 5.41. The fee shall be as follows:

(a) Except as set forth in subsection (b) of this section, all dogs license fees shall be established by the South Pasadena annual fee resolution prorated for the term of the license.

(b) Spayed female or neutered male dog, the fee shall be established by the South Pasadena annual fee resolution prorated for the term of the license. The applicant shall exhibit to the license collector, at the time of making application for a dog license, a spay or neutering certificate signed by a veterinarian licensed as such by the state or by any other state or nation to practice veterinary medicine, certifying that the dog to be licensed has been spayed or neutered.

(c) If application for a license is made more than thirty days after the dog reaches four months of age or older, or more than thirty days after a new resident has moved into the city, having a dog four months of age or older, at the time of moving, or failure to renew license within thirty days of license expiration, a penalty fee shall be added to the annual license fee set forth in Section 5.34 (a) and (b). Such penalty fee shall be established by the South Pasadena annual fee resolution for each thirty-day period in which there is a delinquency in the application or payment of license fees as set forth in this article: provided, that in no event, shall the amount of such penalty fee exceed six times this amount for any twelve-month period.

(d) Replacement of lost or stolen license tags shall be established by the South Pasadena annual fee resolution.

(e) Notwithstanding any other provision of this section, the license fee otherwise required pursuant to subsections (a) or (b) of this section shall be reduced by a percentage amount established by the South Pasadena annual fee resolution for the licensing of any dog which is owned by any person at least sixty-five years of age where proof of such ownership and age are submitted to the city license collector at the time of payment. (Ord. No. 896, § 3; Ord. No. 1179, § 1; Ord. No. 1338, § 3; Ord. No. 1534, § 1; Ord. No. 1650, § 1; Ord. No. 1654, § 1; Ord. No. 1752, § 1; Ord. No. 2056, § B.)

No person shall be required to pay a license fee for any service dog as defined under the Americans with Disabilities Act; however, the exempt license and identification tag must first be obtained from the license collector. (Ord. No. 1005, § 1; Ord. No. 1338, § 5; Ord. No. 2306, § 2, 2016.)

No license fee shall be required to be paid during the lifetime of any dog which has been honorably discharged or released from service in the armed forces of the United States. The owner, or other person having charge, care or control of any such dog, shall present to the director of finance satisfactory proof of the honorable discharge or release from service of any such dog, and shall be issued, without charge, a license certificate which shall be in force and effect during the lifetime of any such dog. An identification tag for any such dog shall also be issued by the city treasurer. A transfer of any such license certificate for any such dog shall be made without charge, upon the submission of satisfactory proof of a change in ownership. The exemption from license fees as herein provided shall not be construed as exempting the owner, or other person having charge, care or control of any such dog, from any other requirement of this article. (Ord. No. 1005, § 1.)

All moneys received by the director of finance as license fees under this article shall be deposited in the general fund of the city. (Ord. No. 896, § 19; Ord. No. 1983, § 19.)

The licensing provisions of this article shall not apply to dogs owned by or in charge of persons traveling through the city or temporarily sojourning therein for a period of thirty days or less, nor to dogs brought to the city for the purpose of exhibiting them in the city in a dog or animal show. (Ord. No. 896, § 16.)

The applicant shall deliver to the license collector, at the time of making application for a dog license, a certificate of vaccination issued by a veterinarian licensed as such by the state or by any other state or nation to practice veterinary medicine, certifying that the dog to

be licensed has been vaccinated with canine rabies vaccination, either chick embryo vaccine or tissue phenolized vaccine. If chick embryo vaccine was used, the vaccination must have been made within eighteen months prior to the date of application. If tissue phenolized vaccine was used, the vaccination must have been made within six months prior to the date of application. The delivery of such certificate to the license collector shall be a prerequisite to the issuance of a license. (Ord. No. 896, § 3; Ord. No. 1179, § 1; Ord. No. 1 181, § 1; Ord. No. 1338, § 7; Ord. No. 1504, § 1.)

• For state law as to rabies control, see Health and Saf. Code § 121575 et seq. As to rabid dogs see §§ 5.54 to 5.62 of this Code.

No person owning or having custody or control of any dog shall knowingly or through failure to exercise due care or control permit such dog to defecate and allow such excrement to thereafter remain in excess of five minutes in any public park, upon the sidewalk or parkway of any street, or upon any private property without the consent of the owner or occupant thereof. (Ord. No. 1993, § 1.)

It is declared to be a nuisance and it is unlawful for any person to keep or suffer or permit to be kept at or upon any residential premises owned, controlled or occupied by such person in the city any dog or any other place where animals or pets are kept in a foul, offensive, noxious or filthy condition, nor shall any dog run be placed within thirty-five feet of an adjoining dwelling house. A dog run shall be defined as any portion of a residential yard which is fenced off or enclosed for the purpose of keeping a dog or other animals therein. (Ord. No. 1993, § 1 (part.)

5.43A Penalty for violation of Sections 5.42 and 5.43.

A violation of any provision of Sections 5.42 and 5.43 shall be deemed an infraction punishable by a fine not to exceed fifty dollars per occurrence. (Ord. No. 1993, § 1.)

No person owning or having charge or control of any dog shall cause or permit the same to be or to run at large upon any street, lane, alley, court or other public place, or upon any private property other than that of the person owning or having charge or control of such dog, in the city, unless such dog is restrained by a substantial chain or leash not exceeding six feet in length and is in the care or control of a competent person. (Ord. No. 896, § 7.)

The poundmaster, health officer, all police officers of the city and their respective deputies or representatives are charged with the duty of enforcing the provisions of this article and shall pursue, capture and impound any dog found in violation of any of its provisions. They, and each of them, are authorized to enter upon any private property for the purpose of enforcing the provisions of this article upon proper notice of violation.

The director of finance shall charge and collect the following fees.

(a) For picking up and impounding any dog for the first time, the sum of twenty dollars, forty dollars for the second time and sixty dollars for each successive impound.

(b) For picking up and impounding any cat, the sum of ten dollars.

(c) For picking up and impounding a cow, calf, sheep, lamb, bull, steer, horse, mule, burro, pony, colt, mare, goat, hog, jack, jenny or hinny, or any other similar animal, the sum of ten dollars.

(d) For feeding and caring for impounded animals, the following sums per day which are in addition to the impounding fees:

(1) For each dog $5.00

• (2) For each cat $3.00

(3) For each horse, mare, colt, mule, jack, jenny, burro, pony, hinny, calf, sheep, lamb, goat, hog, cow, bull, steer or other animal not specified herein $5.00—$25.00. (Ord. No. 890, § 8: Ord. No. 1338, § 9: Ord. No. 1578, § 1: Ord. No. 1689, § 1: Ord. No. 1739, § 1: Ord. No. 1753, § 1: Ord. No. 1924, § 1; Ord. No. 1983, § 19.)

Should the poundmaster, health officer or any police officer be unable to capture a dog of vicious or dangerous habits, they are hereby authorized to then and there kill such dog. (Ord. No. 896, § 8.)

Any person bitten by a dog, and any officer or employee of the city, and any other person having knowledge of any person injured through having been bitten by a dog, shall as soon as possible report such occurrence to the health officer or to the police department. It shall be the duty of every such person so bitten, or who has knowledge of such bite, to immediately take all possible steps to at once confine the dog and to report to the health officer or police department the description of the dog and the place where confined. Such dog shall be kept confined until released by the health officer. (Ord. No. 896, § 9.)

(a) It is unlawful for any person to keep or harbor within the city any dangerous animal. For the purposes of this section, an animal is deemed to be dangerous when it shall have attacked or bitten any person or a domestic animal without reasonable provocation. The determination may be made on a case-by-case basis by the city animal control officer.

(b) After investigation by the animal control officer, the owner of every animal which has been deemed dangerous may be ordered to confine the animal within a secure enclosure for a specified period of time or permanently remove it from the city; or the animal may be impounded by the animal control officer or the city poundmaster when confinement is determined to be unlikely to eliminate an immediate threat of injury to the public. (Ord. No. 896, § 9; Ord. No. 1957, §§ 1, 2.)

It is unlawful for any person having possession, charge or control of any female dog to allow the same to be on any public street, way or place in the city when such female dog is in heat. (Ord. No. 896, § 14.)

It is unlawful for any person to keep or harbor upon any premises in the city more than one dog for commercial breeding purposes within three hundred feet of any dwelling other than that of the owner or person in control of such dog. (Ord. No. 896, § 15.)

It shall be unlawful for any person to keep or harbor within the city any dog which shall by loud barking disturb the peace and quiet of the neighborhood or any person therein. (Ord. No. 896, § 20.)

It shall be unlawful for any person not the owner thereof and without the consent of the owner thereof, to hold or retain possession of any dog for a period longer than twenty-four hours, unless such person shall report the same with a true description thereof to the director of finance. (Ord. No. 896, § 22.)

It shall be unlawful for any person to interfere with, oppose or resist the license collector, any health officer, poundmaster or any police officer engaged in the performance of any of their official duties. (Ord. No. 896, § 13; Ord. No. 1338, § 10.)