Chapter 6.04
ANIMAL CONTROL GENERALLY
Sections:
6.04.010 Definitions.
6.04.020 Animals other than household pets restricted – Exceptions.
6.04.030 Animals disturbing others.
6.04.040 Stray animals on private property.
6.04.050 Interference with poundmaster prohibited.
6.04.060 Application of title to city and law enforcement.
6.04.070 Poundmaster’s authority to take animals.
6.04.080 Disposition of impounded animals.
6.04.090 Penalty.
6.04.010 Definitions.
The words and phrases used in Title 6 shall be defined as set forth in this section.
"Animal" means any animal, poultry, bird, reptile, fish or any other dumb creature.
"Animal shelter" means a place where animals impounded by the city are placed for their humane care and keeping.
"Approved rabies vaccine" means a rabies vaccine which is approved for use by the State of California Department of Public Health.
"County animal control department" means that department of the county of Los Angeles which is designated by the board of supervisors to have responsibility for animal care and control.
"Dog" means any dog of any age, including female as well as male.
"Impounded" means the receipt of an animal into the custody of the poundmaster pursuant to the provisions of this chapter or any state statute.
"Livestock" means any pig, pygmy pig, hog, cow, bull steer, horse, mule, jack, jenny, hinny, sheep, goat, llama, domesticated fowl, or domesticated rabbit or other rodent.
"Poundmaster" means the individual, individuals, entity, or entities designated by the city council to carry out animal control functions in the city and/or the duties imposed by this chapter which are not otherwise specifically assigned. If no individual or individuals have been so designated for any particular purpose or purposes relating to this chapter, the poundmaster for such purpose or purposes shall be the chief of police and/or such persons as he/she designates.
"Person" means any individual, firm, partnership, corporation, trust, or association of persons, including any governmental entity other than the city.
"Potentially dangerous dog" means any of the following:
1. Any dog which engages in any behavior that requires a defensive action by any person to prevent bodily injury when the person and the dog are off the property of the owner or keeper of the dog.
2. Any dog which bites a person causing an injury which is less than a severe injury.
3. Any dog which on two separate occasions, has killed, seriously bitten, inflicted or caused injury, or attacked a domestic animal off the property of the owner or keeper of the dog.
"Property owner" means any person owning, controlling, or having possession of private premises, or the agent or representative of such person.
"Severe injury" means any physical injury to a human being that results in muscle tears or disfiguring lacerations or requires multiple sutures or corrective or cosmetic surgery.
"Unlicensed dog" means any dog for which the license for the current year has not been paid, or any dog to which the tag for the current year is not attached.
"Vicious dog" means any of the following:
1. Any dog seized under Section 599aa of the California Penal Code and upon the sustaining of a conviction of the owner or keeper under subdivision (a) of Section 597.5 of the Penal Code.
2. Any dog which inflicts severe injury on or kills a human being.
3. Any dog previously determined to be and currently listed as a potentially dangerous dog which, after its owner or keeper has been notified of this determination, continues the behavior described in the definition of "potentially dangerous dog."
4. Any potentially dangerous dog which is maintained in violation of any order issued pursuant to Section 6.12.020 of this Code.
"Wild animal" is any nondomestic, exotic, or dangerous animal, including but not limited to the following: coyotes and other mammals, peacocks and other wildfowl, fish and reptiles, or insects. (Ord. 678 § 2 (part), 2007)
6.04.020 Animals other than household pets restricted – Exceptions.
It is unlawful for any person to keep, maintain, or permit upon any lot or parcel of land occupied by or under the control of that person any wild animal or any livestock, provided, however, that it is lawful to keep and maintain any of the following, provided such keeping and maintenance is in conformance with the requirements of Section 6.04.030:
A. Horses on Lots 1, 2, 3 and 4 of Block 6231 of Tract 6887, on Lot O of Tract 6887, and on Lot H of Tract 7143; or
B. Any of the following animals for personal use:
1. Canaries;
2. Finches;
3. Mynah birds;
4. Parrots, parakeets, amazons, cockatiels, cockatoos, lories, lorikeets, love birds, macaws, and similar birds of the psittacine family;
5. Toucans;
6. White doves;
7. Guinea pigs;
8. Hamsters;
9. Domesticated mice and rats;
10. Rabbits;
11. Gopher snakes;
12. King snakes;
13. Turtles;
14. Tropical fish excluding caribe.
(Ord. 678 § 2 (part), 2007)
6.04.030 Animals disturbing others.
It is unlawful for any person to keep, maintain or permit upon any lot or parcel of land occupied by or under the control of that person any animal which disturbs by any act, sound, cry, or odor the peace and comfort of any neighborhood or which interferes with any person in the reasonable and comfortable enjoyment of that person’s life or property. (Ord. 678 § 2 (part), 2007)
6.04.040 Stray animals on private property.
A. Except as set forth in subsections B and C of this section, any animal which does not belong to a property owner which is found trespassing upon the private premises of such property owner may be taken up by the property owner, provided such person shall promptly notify the poundmaster of such taking up. It is unlawful for any such person to fail or refuse to surrender such animal to the poundmaster upon demand therefor.
B. It shall be unlawful for any person to lure peafowl for the purpose of trapping them, or to otherwise attempt to trap, or to trap peafowl within the city. This subsection shall not apply to persons employed by the city, or agents of the city, who are engaged in the performance of their duties, nor shall it apply to persons who are acting pursuant to the provisions of subsection A of this section.
C. It shall be unlawful for any person to transport or to cause to be transported any peafowl within the boundaries of the city. This section shall not apply to persons employed by the city, or agents of the city, who are engaged in the performance of their duties. (Ord. 678 § 2 (part), 2007)
6.04.050 Interference with poundmaster prohibited.
It is unlawful for any person to interfere with, oppose, or resist the poundmaster or any of the poundmaster’s designees while such person is engaged in the performance of any act authorized by this title. (Ord. 678 § 2 (part), 2007)
6.04.060 Application of title to city and law enforcement.
A. Notwithstanding any other provision of this code to the contrary, it shall not be deemed unlawful for the city to undertake any action which it deems necessary or desirable to manage peafowl or any other animal, fowl, reptile or insect, whether or not such management is deemed to be the keeping, maintenance, or permitting of such animal on property owned or controlled by the city.
B. This title does not apply to dogs while utilized by any police department or any law enforcement officer in the performance of police work. (Ord. 678 § 2 (part), 2007)
6.04.070 Poundmaster’s authority to take animals.
A. The poundmaster is appointed to take up and impound, the following animals:
1. All unlicensed dogs;
2. Dogs and other animals running at large contrary to the provisions of the chapter, or any other ordinance or state statute;
3. Abandoned animals or animals for which the owner or custodian cannot be found; and
4. Animals delivered by the owners to the poundmaster, all title and interest in which is abandoned by such owners.
B. The provisions of this section shall not be deemed to prohibit the poundmaster from impounding animals pursuant to other provisions of this title, of Penal Code Sections 597.1 or 597f, or of any other similar law. (Ord. 678 § 2 (part), 2007)
6.04.080 Disposition of impounded animals.
A. No animal which is impounded pursuant to this title shall be killed or otherwise disposed of without notice to the owner of such animal, if such owner is known. The poundmaster shall utilize all reasonable efforts to identify the owner of the animal, including scanning the animal for a microchip.
B. The required holding period for a stray dog shall be as established by Section 31108 of the California Food and Agriculture Code.
C. The fee for the poundmaster taking up an unwanted animal when requested to do so by the animal’s owner or other person having custody or control over said animal shall be the amount as established by resolution of the city council.
D. A person shall not remove any animal which has been impounded pursuant to this section from the custody of the poundmaster without first paying a fee to the city in the amount established by resolution of the city council. The refusal or failure of the owner of any impounded animal to pay the fees due pursuant to this chapter after due notification shall be held to be an abandonment of the animal by the owner.
E. No dog impounded by the poundmaster pursuant to this section shall be released to any person unless: (1) such person provides proof that such dog has a license tag from the city, or from another jurisdiction where the dog is housed if the dog is not housed within the city, or such person first obtains a license tag from the city pursuant to the provisions of this title; and (2) the poundmaster has determined that such dog does not have and is not reasonably suspected of having rabies. If the poundmaster suspects that an impounded dog has rabies, the provisions of Section 6.16.040 shall apply.
F. Notwithstanding any provision of this title to the contrary, the poundmaster may transfer any animal for which an owner cannot be found, or for which the owner has failed or refused to respond to notice that the poundmaster has impounded such animal, to the county animal control department. Upon receipt of an animal by the county animal control department, the provisions of Title 10 of the Los Angeles County Code shall regulate the obligations of the owner of the animal, provided, however, that such transfer shall not be deemed to invalidate or waive any monetary obligation of the owner to the city incurred pursuant to this title and such monetary obligation shall be and remain a debt of such owner to the city. (Ord. 678 § 2 (part), 2007)
6.04.090 Penalty.
Except as specifically provided in this title, any person violating any of the provisions of this title or of any order issued pursuant to Section 6.12.020 shall be guilty of a misdemeanor, provided, however, that in the discretion of the enforcing authority or the prosecuting attorney, such violation may be charged and prosecuted as an infraction. (Ord. 678 § 2 (part), 2007)