Los Angeles Municipal Code Regarding Dogs

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Los Angeles Municipal Code
Regarding Dogs

dog with los angeles municipal code regarding dogs

Dog law!

Over the years, the City of Los Angeles has sought to improve conditions for animals and people by creating and supporting laws that govern the care of animals and their interactions with humans. Many of these laws are found in the Los Angeles Municipal Code (“LAMC”), and some are found in State law. (Read the law for a full description, including exceptions.) Los Angeles Animal Services is responsible to enforce the laws.

This is a brief summary of some of the laws in the City of Los Angeles Municipal Code regarding dogs.

All dogs must be spayed or neutered after four months old although there are some exceptions. If you breed your dog, you must obtain a breeding permit. All dogs who are granted exceptions must be microchipped.

Dogs must be licensed by the City.

Dog animal abuse and cruelty is illegal and is punishable with fines and the offender may have to serve time in jail.

Dogs can’t leave dogs in cars where it endangers the dog – too hot, too cold, no ventilation or water, etc.

Dogs can’t be tied up for long periods of time and there are special conditions where they may be restrained for short periods, which include they must have water and shade.

Dogs cannot bark where they cause a nuisance to neighbors.

Dangerous dogs are illegal. This includes dogs that attack, threaten, or menace a person or animal.

Your dog must be on leash if it taken off your residence or property.

Dog owners must clean up after your dog if he poops in public.

Dogs may not be sold on the streets of Los Angeles.

What follows is a brief summary of the key laws affecting LA’s animals and their owners. Please refer to the Code sections for the full text. (Only the Code affecting dogs is included here.)

Animal Abuse and Cruelty

Animals Left in Cars

Anti-Tethering Laws

Barking Dogs

Breeding

Dangerous Dogs

Dog Poop

Keeping Animals Outdoors

Leash Law

Licensing

Micro-chip

Selling Animals

Spay and Neuter

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Animal Abuse and Cruelty

Abusing or failing to properly care for any animal is against the law and is punishable with fines and possible jail time. This includes participation in dog and cock fighting. L.A. Animal Services is constantly on the lookout for evidence of abuse, and the Animal Cruelty Task Force works with the City Attorney and District Attorney to investigate and prosecute abuse and cruelty cases. You can call to report cruelty at 213-847-1417. Various State and local laws.

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Animals Left in Cars

You may not leave an animal in any unattended motor vehicle under conditions (such as heat, cold, lack of ventilation or water) that endanger the health of the animal or may be expected to cause suffering or death. State Penal Code 597.7.

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Anti-Tethering Laws

Dog owners who tie up their animals for long periods of time or deny them the proper level of water and shelter face stiff financial penalties. State law specifically sets a limit: dogs may not be tied, chained, or otherwise restrained to a stationary object for more than 3 hours in a 24-hour period. Under State law, violations could result in an infraction or misdemeanor punishable by a fine up to $1,000 per dog and/or six months in jail. Section 53.70 of the LAMC.

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Barking Dogs

You cannot allow your dog to bother your neighbors with excessive barking. Failure to control barking that unreasonably interfers with your neighbors could lead to the imposition of strict conditions by LA Animal Services, or eventually you could lose your your dog and lose the right to own a dog for three years. Section 53.63 of the LAMC.

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Breeding

If you breed your animal, whether on purpose or by accident, you must obtain a breeding permit, which costs $100. Section 53.15 of the LAMC.

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Dangerous Dogs

It is illegal to allow your dog to assault, menace or threaten another person or other animal. Failure to control your dog could result in losing your dog and the right to own a dog for three years. Section 53.34 of the LAMC.

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Dog Poop

Dog owners are required to clean up after their dogs when taking them out in public. Failure to do so could lead to stiff fines. Bring a bag when you take your dog for a walk! Section 53.49 of the LAMC.

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Keeping Animals Outdoors

L.A. Animal Services sets the minimum distance that all animals (except horses) may be kept from houses, schools, businesses, and other buildings. Dogs, cats, rabbits, and farm animals must be kept 35 feet from the owner’s house, and 75 feet from all other buildings. Rules and distances for keeping horses are similar, but are set in the Land Use section of the LAMC, Section 12.00. Section 53.59 of the LAMC.

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Leash Law

If you take or allow your dog off your property or place of residence, you must have him or her on a leash. Failure to do so could result in a stiff fine. There are a number of dog parks in the city where it is legal to let your dog off-leash, but no beaches at present. Section 53.06 of the LAMC.

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Licensing

All dogs residing in the City must be licensed. Horses must also have a license, which costs $14 per year. A license for a spayed or neutered dog costs $15 per year, while a license for an unaltered dog costs $100 per year. Contact L.A. Animal Services for information for City free and subsidized spay and neutering services and vouchers. Section 53.15 of the LAMC.

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Micro-chip

Getting your dog micro-chipped makes identification and return of a lost pet quick and easy if he or she ends up in the possession of L.A. Animal Services. Also, as part of the new law requiring spay or neuter of dogs and cats, any dog or cat that is exempt from the requirement and remains intact must be micro-chipped. Section 53.15.2 of the LAMC.

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Selling Animals

There are strict laws restricting the selling of animals within the City of Los Angeles. Outdoor and sidewalk sales are generally prohibited and sales of dogs and cats require special permits from L.A. Animal Services. Selling animals usually also requires obtaining a business license from the City of Los Angeles. Section 53.42 of the LAMC, and other LAMC sections.

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Spay and Neuter

All dogs and cats residing in the City of Los Angeles must be spayed or neutered unless they meet certain medical criteria, are active show or service dogs, or are licensed for breeding purposes. Stiff fines and penalties can be assessed for persistent failure to comply. If you adopted your dog or cat from an animal shelter, state law requires that it be spayed or neutered before you will be allowed to take it home unless there is a valid medical reason for delaying the surgery. Section 53.15.2 of the LAMC.

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PLEASE NOTE: What follows is the text of the Los Angeles Municipal Code regarding dogs. It is NOT the full text of the Code.

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ANIMALS AND FOWLS

Editor’s Note: The Department of Animal Regulation and the Board of Animal Regulation Commissioners were renamed “Department of Animal Services” and “Board of Animal Services Commissioners,” respectively, by Ord. No. 174,735, Eff. 9/13/02.

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SEC. 53.00. DEFINITIONS.

For the purpose of this article, the following words and phrases are defined and shall be construed as hereinafter set out unless it shall be apparent from the context that a different meaning is intended.

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

“Board” shall mean the Board of Animal Services Commission unless otherwise specifically designated.

“Cat” shall mean any cat of either sex, of any age.

“Cat Kennel” shall mean any lot, building, structure, enclosure, or premises, where four or more cats are kept or maintained for any purpose. (Amended by Ord. No. 162,538, Eff. 8/27/87.)

“Department” shall mean the Department of Animal Services unless otherwise specifically designated.

“Dog” shall mean any dog of either sex, of any age.

“Dog Kennel” shall mean any lot, building, structure, enclosure, or premises, where four or more dogs are kept or maintained for any purpose. (Amended by Ord. No. 162,538, Eff. 8/27/87.)

“General Manager” shall mean General Manager of the Department.

“Impounded” shall mean having been received into the custody of the Municipal pound or into the custody of the Department or any authorized agent or representative thereof.

“Kennel” shall mean any lot, building, structure or premises whereon or wherein four or more dogs are kept or maintained for any purpose.

“Pet Shop” shall mean any store, or department of any store, or any place of business, where dogs, cats, monkeys, birds, reptiles, or any other animals are kept for sale, for hire, or sold.

“Unlicensed Dog” shall mean any dog for which the license for the current year has not been paid or whose license has been revoked by the Department. (Amended by Ord. No. 162,538, Eff. 8/27/87.)

“Vaccination” or “Vaccination Against Rabies”, shall mean inoculation of a dog with a vaccine approved by and in a manner prescribed by the State Department of Public Health. (Amended by Ord. No. 162,538, Eff. 8/27/87.)

“Zoo” shall mean any place where a collection of wild animals, or wild and domesticated animals, are kept for exhibition or for view by the public.

The Department of Animal Services (formerly, “Department of Animal Regulation”) has the power and duty to enforce all ordinances of the City of Los Angeles and penal laws of the State relative to the care and impoundment of dumb animals, for the prevention of cruelty to animals, and to enforce ordinances relative to the payment of money for licenses for animals within the City.

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SEC. 53.03. INSPECTIONS.

(Amended by Ord. No. 136,242, Eff. 4/19/68.)

(a) Whenever it is necessary to make an inspection to enforce any of the provisions of or perform any duty imposed by this Code or other applicable law, or whenever the General Manager or his authorized representative has reasonable cause to believe that there exists in any building or upon any premises any violation of the provisions of this article or other applicable law, the General Manager or his authorized representative is hereby authorized to enter such property at any reasonable time and to inspect the same and perform any duty imposed upon the General Manager by this Code or other applicable law; provided that:

(1) If such property be occupied, he shall first present proper credentials to the occupant and request entry explaining his reason therefor; and

(2) If such property be unoccupied, he shall first make a reasonable effort to locate the owner or other persons having charge or control of the property and request entry, explaining his reasons therefor. If such entry is refused or cannot be obtained because the owner or other person having charge or control of the property cannot be found after due diligence, the General Manager or his authorized representative shall have recourse to every remedy provided by law to secure lawful entry and inspect the property.

(b) Notwithstanding the foregoing, if the General Manager or his authorized representative has reasonable cause to believe that the keeping or the maintaining of any animal is so hazardous, unsafe or dangerous as to require immediate inspection to safeguard the animal or the public health or safety, he shall have the right immediately to enter and inspect such property, and may use any reasonable means required to effect such entry and make such inspection, whether such property be occupied or unoccupied and whether or not permission to inspect has been obtained. If the property be occupied, he shall first present proper credentials to the occupant and demand entry, explaining his reasons therefor and purpose of his inspection.

(c) No person shall fail or refuse, after proper demand has been made upon him as provided in Subsection (b), of this section to permit the General Manager or his authorized representative to make any inspection provided for by subsection (b) of this section. Any person violating this subsection shall be guilty of a misdemeanor.

(d) The permittee of any permit issued pursuant to this article, by accepting such permit, does thereby consent and agree to the entry upon the premises described in the permit by the General Manager or his authorized representative for the purpose of conducting such inspections as are required by this article or other applicable law.

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SEC. 53.04. UNENCLOSED PREMISES, IMPOUNDING.

The General Manager and the authorized employees of the Department and all police officers of this City are hereby given the power and authority, and it is declared to be their duty, to go upon unenclosed lots or lands for the purpose of taking up and impounding any animal found running at large thereon or staked, herded, or grazed thereon, contrary to the provisions of this article.

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SEC. 53.05. IMPOUNDING. DUTY OF POLICE.

It shall be the duty of the General Manager or his authorized representatives to take up and impound in the City pound, and it shall be the duty of members of the Police Department on duty during the hours when the Municipal Pound is open, to take up and immediately deliver to the Department those animals which are authorized and directed to be taken up and impounded by this article or which are found or kept contrary to the provisions of this article.

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SEC. 53.06. ANIMALS AT LARGE.

No person owning or having possession, charge, custody or control of any animal, except cats which are not in heat or season, shall cause, permit or allow the animal to stray, run, or in any manner to be at large in or upon any public street, sidewalk or park, except as otherwise expressly provided in section 63.44 of this Code, or in the bed of the Los Angeles River or upon any unenclosed lot or land. (Amended by Ord. No. 160,401, Eff. 11/1/85.)

A municipality may, under its police power, enact Ordinances prohibiting animals from running at large.

Amyx J. Tabor C 1863 23 C 370.

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SEC. 53.06.2. RESTRAINT OF DOGS.

(Amended by Ord. No. 160,401, Eff. 11/1/85.)

(a) Every person owning or having charge, care, custody or control of any dog shall keep such dog exclusively upon his own premises provided, however, that such dog may be off such premises if it be under the control of a competent person and restrained by a substantial chain or leash not exceeding six feet in length, or under the control of a competent person on a dog exercise or training area established pursuant to section 63.44 of this Code.

(b) (Amended by Ord. No. 162,538, Eff. 8/27/87.) Notwithstanding any other provision of this code, every violation of any of the provisions of this section shall be punishable as an infraction as follows:

1. Upon a first conviction, by a fine of twenty-five dollars ( $25 ) .

2. Upon a second conviction, and the offense occurred within one year of a prior violation of this section which resulted in a conviction, by a fine of forty-five dollars ( $45 ).

3. Upon a third or subsequent conviction, and the offense occurred within one year of a prior violation of this section which resulted in a second or subsequent conviction, by a fine of sixty-five dollars ($65).

This section is not unconstitutional and is substantially and fundamentally different from Ordinance No. 55,665.

People v. Barnsdall 1945, CR A 2103.

“Whatever may be said about the affection which mankind has for a faithful companion, modern city conditions no longer permit dogs to run at large.”

Brotemarkel v. Snyder 1950, 99 CAC 388, 390.

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SEC. 53.09. STRAY ANIMALS. NOTICE REQUIRED.

(a) (Amended by Ord. No. 133,983, Eff. 4/10/67.) Any person finding at any time any stray domestic animal or any such animal found running at large contrary to the provisions of this article may take up such animal; provided, however, that persons taking up such animal shall, within four hours thereafter, or within two hours thereafter if such animal is attached or hitched to a vehicle, give notice to the Department or to some police officer, of the fact that he has such animal in his possession, and shall furnish thereto a description of such animal and a statement of the place where he found and where he has confined the animal.

In case such notice is given to any police officer, such officer shall immediately notify the Department and shall furnish all the information which has been obtained regarding such animal.

If the taking up of such animal occurs at a time when the Public Pound is not open for the transaction of business, the notice required herein shall be made to the Department within the time herein required after such pound is again open for business.

(b) Any person taking up any such stray animal found running at large or contrary to the provisions of this article shall surrender such animal to the General Manager of the Department or his duly authorized representative upon demand thereof.

(c) No person taking up any animal shall fail or neglect to give notice thereof as required by this section or fail or refuse to surrender such animal to the General Manager or his duly authorized representative upon demand therefor.

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SEC. 53.10. PERMITTING ANIMALS TO GO WITHOUT CARE – DUTY TO ENTER AND REMOVE SAME.

(a) Whenever animals are kept within any building or on any premises without food, water or proper care and attention, it shall be the duty of any departmental employee to enter said building or premises to take possession of and remove said animals so abandoned or neglected. Such entry shall be effected in accordance with Section 53.03 of this article. (Amended by Ord. No. 136,242, Eff. 4/19/68.)

(b) Every person maintaining a commercial building, structure or premises, where animals are kept for commercial purposes, shall cause a notice, framed and enclosed under glass, containing the names, addresses and telephone numbers of persons to be notified during any hour of the day or night who will proceed immediately to the location so as to permit entry to the premises by representatives of the Department, to be posted on the premises near the entrance, said notice to be in such a position as to be legible from the sidewalk or ground level adjacent to the building. (Amended by Ord. No. 150,337, Eff. 1/1/78.)

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SEC. 53.11. ANIMALS. IMPOUNDING – SALE.

(a) The Department shall hold any stray animal, including any horse, mule, burro, cattle, goat, sheep and other live stock, except dogs, cats, rabbits, birds, poultry, or any other miscellaneous stray animals, impounded under the provisions of this article for a period of three (3) days during which time the owner of such animal, if known, shall be notified, after which time said animal may be sold by an officer of the Department as follows: Written or printed notice of sale at public auction, stating the time and place of sale and containing a description of the animal to be sold, must be posted for five (5) days on the bulletin boards of three (3) public buildings, namely: One (1) at the Public Pound; one (1) at the City Hall, and one (1) at the Central Police Station;

(b) In the case of dogs, the Department of Animal Services shall hold such animal for a period of one (1) day after the impounding of said animal, during which time the owner of said animal, if known, shall be notified, after which time said animal may be sold by an officer of the Department in the same manner as provided in this section for the sale of other animals except that notice of sale need be posted only two (2) days in the places named in this section. The purchaser of such dog shall procure the required license for the current year.

(c) Cats, rabbits, birds, poultry, and other animals not hereinabove mentioned shall be disposed of as in the case of dogs except that no license fee shall be charged.

(d) In addition to the posting of any notice of impounding or of the sale of any dog or other animal as hereinbefore provided, said General Manager is hereby authorized, whenever the same shall, in the judgment of the General Manager, be expedient or proper, to publish a notice in any newspaper of general circulation published in this City containing the same information as the notice of sale as above provided.

(e) If any animal is not redeemed or sold, the General Manager of the Department may continue to hold for subsequent sale said animal in accordance with the terms as hereinbefore set forth, or order the destruction of such animal. Said General Manager or other duly authorized representative of the Department shall execute a bill of sale to the purchaser of any animal sold and thereupon the title to such animal shall be vested in such purchaser.

(f) When any animal is sold under the provisions of this Article, from the proceeds of such sale shall be deducted the regular pound fee, and, in the case of livestock, the cost of care and feed of such animal, and in the case of dogs, the license for the current year. Any sum of money which remains over and above said fees may be claimed by the owner of said animal so sold, upon satisfactory proof of ownership being made to the Department within sixty (60) days from the date of sale, provided, however, that the owner did not voluntarily surrender said animal to the Department. (Amended by Ord. No. 150,337, Eff. 1/1/78.)

(g) Whenever any dog has been impounded as in this section provided, and the owner thereof has not redeemed the same within the time for such redemption prescribed by this article, and after notice has been posted on the bulletin boards of three public buildings as in this ordinance prescribed of the time and place of the sale of said dog, and when the owner of said dog has not appeared at said sale as so noticed, the Department of Animal Services without offering said dog for sale at public auction, is hereby authorized, upon the request of any of the armed forces of the United States to deliver the dog to said armed forces of the United States without any cost, charge, fee or expense whatsoever, and to execute a bill of sale for said dog to said armed force or forces.

(h) (None)

(i) Any purchaser of a dog or cat may within ten (10) days after such purchase exchange such dog or cat if said animal has been examined by a veterinarian or by an authorized departmental representative and determined to be physically or otherwise unsuitable for placement. If the charges for the substituted dog or cat are greater than the amount paid for the original, the purchaser shall pay the difference. No refund shall be made if the price of the substituted dog or cat is less than the amount paid for the original. An exchange must be consummated within 31 calendar days from the original purchase date and no part of the purchase price shall be refunded even if a purchaser is unable to make satisfactory exchange within the prescribed period. (Added by Ord. No. 137,182, Eff. 10/7/68.)

(j) (None)

(k) (None)

(l) Release by Department. (Added by Ord. No. 106,995, Eff. 3/24/56.)

1. Vaccinated Dog. An impounded dog that has been vaccinated against rabies or exempted therefrom by an exemption certificate as provided in this article may be released to the owner or other person desiring to possess the dog upon the payment of the fees and license tax required by this article.

2. Unvaccinated Dog – Purchaser. Any person desiring to purchase an impounded unvaccinated dog, not previously owned by said person, must pay the fees and license tax required by this article and furnish a signed statement in compliance with Sec. 53.52 hereof or comply with the conditions of subdivision 3 hereof.

3. Conditional Release of Unvaccinated Dog to Owner. Every person receiving a dog from the Department pursuant to this subdivision shall comply with all of the conditions prescribed herein. An impounded dog that has not been vaccinated against rabies or exempted therefrom by an exemption certificate as provided in this article may be released by the Department to the owner of the dog on condition that such owner:

(i) Pay the fees and license tax required by this article; and

(ii) Furnish to the Department at the time of release his signed statement that he will have the dog vaccinated within 10 days;

(iii) Have the dog vaccinated for rabies within 10 days; and

(iv) Exhibit a certificate of vaccination to the Department within 10 days at which time the license will be issued.

(m) No person shall make a false or misleading statement or representation regarding the ownership or right to custody or control of an animal for which a permit or license is required, or regarding the ownership of an animal redeemed from, turned over to, impounded by or coming under the jurisdiction of the Department pursuant to this article.

(n) The General Manager or his authorized representative may immunize any impounded dog or cat against common diseases. (Amended by Ord. No. 149,942, Eff. 8/19/77.)

(o) Notwithstanding any other provision of this article, the General Manager shall have the power to waive all or any portion of the fees prescribed in Sections 53.12 and 53.15.3 of this article on as many as three separate days in any calendar year in order to encourage and promote pet adoptions, or more frequently upon the release of any animal by the Department to another municipal or county animal control agency, Society for the Prevention of Cruelty to Animals (SPCA), humane organization, or to a rescue organization, that meet the eligibility requirements of the Participant Shelter Program and enter into an agreement with the Department, for further adoption pursuant to this section. In addition, the General Manager shall also have the power to waive all or any portion of the electronic animal identification device (microchip) fees prescribed in Section 53.15.5 of this article upon the release of any animal by the Department to another municipal or county animal control agency, Society for the Prevention of Cruelty to Animals (SPCA) or humane organization and to refund all or any portion of the fees to a rescue organization, upon their entering into an agreement with the Department. (Amended by Ord. No. 176,577, Eff. 5/22/05.)

(p) The General Manager may waive all or any portion of the fees charged upon the release of any animal which has been held by the Department for the legal holding period, to a Society for the Prevention of Cruelty to Animals (SPCA), humane organization, another municipal or county animal control agency, or to a rescue organization that meet the eligibility requirements of the Participant Shelter Program and enter into an agreement with the Department. The designation of an animal as releasable shall be in accordance with the Department’s policies concerning the sale of such animals. A fee waiver will be made only upon the condition that any animal so released may not be sold by the Society for the Prevention of Cruelty to Animals (SPCA), humane organization, the municipal or county animal control agency, or the rescue organization.

Humane organizations or societies for the prevention of cruelty to animals are organizations which are California nonprofit corporations which perform humane services and are incorporated under the provisions of California Corporations Code Section 10400 and the Nonprofit Public Benefit Corporation Law in Part 2 of the California Corporations Code, beginning at Section 5110. For the purposes of this section, rescue organizations are defined as California non-profit corporations that are exempt from taxation under Internal Revenue Code section 501(c)(3), participate in early age spay/neuter of animals, comply with all State and local laws regarding the humane care and treatment of animals, and in addition, whose mission is wholly or in part the rescue and placement of companion animals including but not limited to dogs, cats, rabbits, gerbils, hamsters, birds, equine animals or reptiles, and/or the trapping, neutering and returning of feral cats. (Amended by Ord. No. 176,577, Eff. 5/22/05.)

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SEC. 53.12. POUND FEES.

(Amended by Ord. No. 171,024, Eff. 5/23/96.)

(a) (Amended by Ord. No. 178,346, Eff. 3/1/07.) The Department shall charge and collect the following fees:

For each dog sold
$5.00

For each cat sold
$5.00

For each dog redeemed, first occurrence
$25.00

For each dog redeemed, second occurrence
$35.00

For each dog redeemed, third and subsequent occurrences
$45.00

For feeding each dog sold
$3.00

For feeding and caring for each dog redeemed
$2.00 per day

 

For immunizing each dog redeemed
$4.00

For immunizing each dog sold
$4.00

For impounding any dog, cat or small animal which is brought in by its owner, or its owner’s agent
$5.00

For impounding any litter under four months old which is brought in by its owner, or its owner’s agent
$10.00

For impounding any dog, cat or small animal which is picked up at the request of its owner, or its owner’s agent
$20.00

For impounding any litter under four months old which is picked up at the request of its owner, or its owner’s agent
$30.00

(b) No fees whatsoever shall be charged or collected for or on account of any animal which has been unlawfully taken up or impounded, and any such animal shall be immediately delivered upon demand therefor to the owner or person entitled to the custody thereof.

(c) For veterinary services furnished to animals by the Department:

1. If furnished by a private veterinarian at the request of the Department, the fee to be charged and collected shall be the total of the actual bill to the Department plus $2.00 for Department administrative expenses.

2. If furnished by a City veterinarian, the fees shall be charged and collected pursuant to a fee schedule to be established by the General Manager.

Said fee schedule shall take into account the reasonable expense of supplying the services including such factors as direct costs of the services and department overhead.

(d) The Department shall not charge and collect a fee for each dog or cat redeemed by its owner who is a disabled individual or is 62 years of age or older provided that the combined adjusted gross income (as used for purposes of the California Personal Income Tax Law) of all members of the household in which such individual resides during the calendar year prior to the date the dog or cat was redeemed was less than the “very low income” limitation for a family of two persons in the City of Los Angeles, as determined by the United States Housing Act of 1937, as amended, and published by the United States Department of Housing and Urban Development. For each fiscal year, the General Manager is directed to determine, and utilize as that year’s adjusted gross income limitation, the figure in effect on the first day of April preceding the start of the fiscal year.

(e) The Department shall not charge and collect a fee for each animal, or litter under four months old, which is impounded, other than an animal suspected of rabies which is impounded for the purpose of quarantine, provided that the combined adjusted gross income (as used for purposes of the California Personal Income Tax Law) of all members of the household in which the owner resides during the calendar year prior to the date the animal was impounded was less than the “very low income” limitation for a family of two persons in the City of Los Angeles, as determined by the United States Housing Act of 1937, as amended, and published by the United States Department of Housing and Urban Development. For each fiscal year, the General Manager is directed to determine, and utilize as that year’s adjusted gross income limitation, the figure in effect on the first day of April preceding the start of the fiscal year.

(f) For purposes of this section, an individual shall be considered to be disabled if he or she is unable to engage in substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or to be of long continued and indefinite duration.

(g) The entire $40.00 fee for each rabbit sold or redeemed shall be deposited into the Animal Sterilization Fund. (Added by Ord. No. 177,867, Eff. 10/2/06.)

(h) The Department may waive the fees imposed for spaying or neutering as well as the fees imposed by Section 53.15.5 for implanting an electronic animal identification device for a second or subsequent animal adopted along with an animal whose adoption fees were paid for in full where the animals have bonded with each other. (Added by Ord. No. 179,036, Eff. 9/18/07.)

(i) The Department may waive any or all of the adoption fees for any impounded animal that is seven years of age or older, if adopted by an individual 62 years of age or older who will own and maintain that animal. This authorization for waiving the fees will cease to be in effect on September 30, 2008. (Added by Ord. No. 179,440, Eff. 1/26/08.)

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SEC. 53.12.1. UNCARED FOR ANIMALS – IMPOUNDING.

(Amended by Ord. No. 170,754, Eff. 12/14/95.)

Whenever the Department finds that any animal is or will be without proper care because of injury, illness, incarceration or other involuntary absence of the person responsible for the care of such animal, the Department may impound such animal until it is reclaimed by its owner or the owner’s agent. The owner, or his or her agent, must pay the pound fees prescribed by Section 53.12 prior to the release of such animals by the Department. Any animal which has been impounded and not reclaimed within thirty days may be disposed of by the Department pursuant to Section 53.11.

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SEC. 53.12.2 IMPOUNDMENT OF UNALTERED DOGS AND CATS – CIVIL PENALTIES.

(Added by Ord. No. 175,082, Eff. 3/25/03.)

The owner of a nonspayed or unneutered dog or cat that is impounded by the Department shall be assessed a civil penalty of thirty-five dollars ($35) on the first occurrence, fifty dollars ($50) on the second occurrence, and one hundred dollars ($100) for the third or subsequent occurrence for each dog and cat so impounded.

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SEC. 53.13. REDEMPTION FEES.

(Amended by Ord. No. 152,043, Eff. 4/14/79.)

(a) The owner or person entitled to the custody of any animal taken up and impounded under the provisions of this article, may, at any time before the sale or disposal thereof as provided in this article, redeem such animal by paying the Department the fees, charges, and, in the case of dogs which are unlicensed, by paying in addition thereto the licenses prescribed by this article accruing up to the time of such redemption.

(b) Notwithstanding any other provision of this article, a person who has relinquished a stray dog or cat to the Department may, until 9:00 a.m. on the first day the animal becomes available for sale and not thereafter, redeem such animal by paying to the Department the fees, charges, and, in the case of dogs which are unlicensed, by paying in addition thereto the licenses prescribed by this article accruing up to the time of such redemption. (Amended by Ord. No. 166,172, Eff. 9/29/90.)

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SEC. 53.14. RECORDS OF IMPOUNDED ANIMALS.

The department shall keep a record of each animal impounded by it, the date of receipt of such animals, the date and manner of its disposal, and if redeemed, reclaimed, or sold, the name of the person by whom redeemed, reclaimed, or purchased, the address of such person, and the amounts of all fees received or collected for or because of the impounding, reclaiming, or purchasing thereof, together with the number of any tag and the date of any license exhibited or issued upon the redemption or sale of any such animal.

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SEC. 53.15. DOG LICENSE TAX – PENALTIES.

(Amended by Ord. No. 157,035, Eff. 10/4/82.) (Second unnumbered para., Amended by Ord. No. 161,137, Eff. 5/25/86.)

(a) Any person owning or having custody or control of any dog shall pay, for the privilege of keeping such dog, a license tax of $8.50 for each dog over the age of four months, except that for spayed females or neutered male dogs, or any dog certified by a licensed veterinarian to be incapable of breeding or being bred, the tax shall be $3.50. Such license tax shall not apply to any dog kept or maintained exclusively in any dog kennel. The license tax imposed hereunder shall be due and payable by the owner or custodian of such dog upon acquisition of said dog, upon the dog’s reaching the age of four months, or upon notification by the Department that any previously issued license has expired and that such license tax is due and payable. Thereafter, except as otherwise permitted herein, such license tax shall become due and payable annually by such person on the date of expiration of any license previously issued for such dog. The license shall expire one year from the date of issuance or, in the event a license has been previously issued, one year from the date of expiration of such previously issued license, and shall be renewable annually upon payment of the appropriate license tax. However, the owner or custodian of such dog may choose the option of paying the license tax for said dog for a period of two years. In such event the license issued shall expire two years from the date of issuance or, in the event a license has been previously issued, two years from the date of expiration of the previously issued license. Upon payment of the license tax imposed hereunder, and the payment of the license fee imposed under Section 53.15.3 of this Code, the Department shall issue a license and a metal tag with the number thereof, together with the words “L.A. Dog License” plainly inscribed thereon. No portion of the license tax shall be refunded in the event ownership, custody or control of any dog is terminated during the license period.

The metal tag issued with the license shall be a permanent tag and shall be replaced only upon proof of loss or change of ownership.

A written certificate, signed by a licensed veterinarian, containing a full description of such dog as to its breed, color, sex, age and name, and reciting the fact that the female dog has been spayed or the male dog neutered or reciting the reasons why the veterinarian otherwise deems the dog described therein incapable of breeding or being bred, shall be exhibited to the person issuing a license in order to qualify for the lower tax specified herein.

The General Manager may accept other satisfactory evidence of spaying or neutering in lieu of such certificate where it is unavailable.

(b) The Department may issue a free license for any dog duly and properly trained to aid or assist any person who is blind, deaf or physically handicapped when the dog is actually being used to aid or assist such blind, deaf, or physically handicapped person. (Amended by Ord. No. 162,486, Eff. 7/18/87.)

(c) Provided, that the Department may transfer without charge the license for any dog exchanged through provisions of Subsection (i) of Section 53.11, unless pursuant to Subsection (a) of this section, the licensed tax charged for a dog taken in exchange for one brought back to the Department would be higher, in which case the license may be transferred only upon the payment of the additional amount. (Amended by Ord. No. 142,491, Operative 10/1/71.)

(d) (Amended by Ord. No. 150,817, Eff. 6/10/78, Oper. 7/1/78.) No license for a dog shall be issued unless the owner shall have paid the license tax provided therefor, and shall have exhibited to a duly authorized employee of the Department a certificate of anti-rabies vaccination of the dog, signed by a duly licensed veterinarian, except as provided in Section 53.52 of this article.

No dog license shall be issued for any dog as to which the rabies vaccination will provide immunization for a period of less than 60 days from the date of issuance.

Notwithstanding the provisions of Subsection (a) of this section, any license issued by the Department shall expire on the date upon which the anti-rabies vaccination ceases to immunize the dog for which the license has been issued. In the event such immunization ceases to be effective prior to the termination of the annual licensing period, the owner shall be notified in writing of such expiration, at the address last known to the Department, prior to the date upon which immunization ceases to be effective. Said expired license may be renewed for the balance of the annual licensing period, without payment of any additional tax, upon presentation to the Department of a new certificate of vaccination showing effective immunization for the balance of such licensing period.

(e) The Department shall initiate action against the owner of any dog found without a current active license or without a certificate of rabies vaccination indicating such dog is immune to rabies as required by this section. (Amended by Ord. No. 150,817, Eff. 6/10/78, Oper. 7/1/78.)

(f) The Department shall issue one free license for one dog to any disabled individual or to any individual 62 years of age or older who owns and maintains said dog, provided that the combined adjusted gross income (as used for purposes of the California Personal Income Tax Law) of all members of the household in which such individual resides during the calendar year prior to the date on which application for the license is made was less than Eleven Thousand Five Hundred ($11,500.00) for said calendar year. (First para., Subsec. (f), Amended by Ord. No. 161,044, Eff. 5/4/86.)

For the purpose of this subsection, an individual shall be considered to be disabled if he or she is unable to engage in substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or to be of long continued and indefinite duration.

The dog for which application for a free license is made must be a spayed female, a neutered male, or a dog certified by a licensed veterinarian to be incapable of breeding or being bred. Evidence that a dog is spayed or neutered, or incapable of breeding or being bred shall be provided by the owner to the Department in the same manner and form as is specified in Subsection (a) of this section. Notwithstanding the foregoing, the Department may issue a free license to a qualified disabled individual or qualified senior citizen for any dog that has not been spayed or neutered provided the applicant signs a statement provided by the Department agreeing to have the dog spayed or neutered within 90 days by a veterinarian of the owner’s choice or free of charge in one of the City’s Spay and Neuter Clinics. Proof that such dog was spayed or neutered shall be provided by the applicant to the Department within said period. If the applicant fails to provide such proof within said period, the applicant shall be liable for the Dog License Tax due pursuant to Subsection (a) of this section.

No individual may apply for, be issued, or possess more than one free license at any given time, and no more than one free license per household shall be issued. The provisions of this subsection shall not eliminate the duty of any individual to apply for and obtain a license for each dog owned by said individual.

Any individual who is entitled to a free license under the provisions of this subsection may file an application with the Department for such a license. The license shall be automatically rendered invalid by any change in ownership of said dog. It shall be a misdemeanor for any person to knowingly receive the benefits of the free license provided for by this subsection when the basis for such free license either does not exist or ceases to exist.

For each fiscal year commencing with the 1991-92 fiscal year the General Manager is directed to determine, and utilize as the prior calendar year’s adjusted gross income limitation, the figure in effect on the preceding first day of April as the “very low income” limitation for a family of two persons in the City of Los Angeles, as determined by the United States Housing Act of 1937, as amended, and published by the United States Department of Housing and Urban Development. (Added by Ord. 167,134, Eff. 9/1/91.

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SEC. 53.15.2. BREEDING AND TRANSFER OF DOGS AND CATS.

(Amended by Ord. No. 173,168, Eff. 5/18/00, Oper. 11/15/00.)

The City Council finds that there exists a serious pet overpopulation problem within the City, that has resulted in a threat to public safety and health, inhumane treatment of animals, mass euthanasia of dogs/cats at the local animal shelters and escalating costs for animal care and control. Further, the Board of Animal Services Commissioners has found that uncontrolled breeding is the cause and, without action aimed at the source, this problem and its serious consequences will remain unabated. Council finds that part of the solution is for all dogs and cats over the age of four months to be spayed or neutered, unless their owners purchase the appropriate licenses/permits for the privilege of maintaining the animal intact and allowing it to breed. Council also finds that an increase in the license fee for unaltered dogs will encourage the owners to spay/neuter their dog(s), in order to qualify for the much lower altered dog license fee. Further, Council finds that tighter regulation of the transfer of dogs and cats will help alleviate the City’s pet overpopulation crisis by allowing increased City control over the transfer of dogs and cats.

(a) Animal Ownership:

Animal Owner, for purposes of this section, shall mean any person harboring, keeping or providing care or sustenance to a domestic animal for 30 or more consecutive days on property which he/she owns, rents or leases. Such a person shall be subject to the requirements of this chapter. This definition does not apply to government agencies, animal rescue organizations which have demonstrated to the Department that they have implemented an ongoing spay/neuter program as well as an adoption program, or humane societies or societies for the prevention of cruelty to animals if such societies are incorporated under the provisions of California Corporations Code Section 10400 and the Nonprofit Public Benefit Corporation Law in Part 2 of the California Corporations Code, beginning at Section 5110 and successor sections.

(b) Intact Cats:

No person who owns a cat over the age of four months shall cause, permit, or allow such cat to be in a public place unsupervised, unless the cat is spayed or neutered. The term public place shall include, but not be limited to, streets, highways, sidewalks, carnivals, shopping malls, flea markets, boardwalks, and areas in front of commercial establishments. This requirement applies to all unaltered cats, whether or not their owner(s) have obtained breeding permits pursuant to Subsection (c), below.

(c) Breeding Permit:

(1) No person shall cause or allow any dog or cat owned, harbored or kept within the City of Los Angeles to breed without first obtaining a breeding permit, as described below. The term breeding permit means a written authorization, issued annually by the General Manager, giving its lawful holder permission to breed a dog or a cat.

(2) Each breeding permit shall be valid for one year from the date of issuance, and may be renewed annually, before its expiration date. Each applicant for such a permit shall pay an annual fee of $100.00. A separate permit must be obtained for each owned dog or cat which is allowed to breed.

(3) The Department shall administer an animal breeding permit program to allow the breeding of unaltered dogs and cats consistent with criteria and according to procedures established by the General Manager pursuant to Section 53.58 of this Code. Under no circumstances shall such a permit be issued to a person who has been convicted of animal cruelty or neglect.

(4) In addition to the criteria and procedures established by the General Manager pursuant to Paragraph 3 of this subsection, all breeding permits shall contain the following terms and conditions:

A. The owner of an unaltered female dog or cat shall not allow the whelping of more than one litter in any household within the permit year. Notwithstanding this provision, the General Manager is hereby authorized, upon application of a permittee, to allow on a one time basis the whelping of up to two dog or cat litters per breeding animal within any domestic household within a permit year, if the permittee establishes, according to regulations promulgated by the General Manager, that such breeding is required to protect the health of the animal or avert a substantial economic loss to the permittee. In the event that a permittee is forced to euthanize a litter of dogs or cats, the General Manager may authorize the whelping of one additional litter of dogs or cats within the same permit year by the permittee;

B. No offspring may be sold, adopted, bartered, or otherwise transferred, whether for compensation or otherwise, until it has reached the age of at least eight weeks;

C. No offspring may be sold or adopted until immunized against common diseases. The sale or adoption of a dog or cat shall include a statement signed by the seller or adopter attesting to the signatory’s knowledge of the animal’s health, and the animal’s immunization history;

D. Any holder of a breeding permit who advertises to the public the availability of any dog or cat for sale, adoption, or transfer, whether for compensation or otherwise, must prominently display the permit number in any such advertisement. Further, the breeding permit holder must provide the permit number to any person who purchases, adopts or receives any animal from the permit holder and include the permit number on any receipt of sale or transfer document;

E. Commercial establishments selling locally bred dogs or cats shall prominently display the breeding permit number(s) of the breeder(s) whose dogs and cats are sold in said establishments and any other pertinent information required by the General Manager; Commercial establishments selling dogs and cats which were not bred within the City of Los Angeles shall prominently display the name and address of the breeder(s) of such dogs and cats and any other pertinent information required by the General Manager;

F. Any breeding permit holder selling or otherwise transferring a dog or a cat, whether for compensation or otherwise, shall submit to the Los Angeles Department of Animal Services the name, address, and telephone number of the animal’s new owner within five days from the sale or other transfer, on a Department approved form; and

G. Any breeding permit holder or commercial establishment which sells or otherwise transfers a dog or cat, whether for compensation or otherwise, shall provide to the new animal owner City application(s) for a license and permit as well as written information regarding the license and permit requirements of the City of Los Angeles applicable to such animal.

(5) The following animals are exempt from the breeding permit requirements:

A. Dogs documented as having been appropriately trained and actively used by law enforcement agencies for law enforcement and rescue activities;

B. Dogs documented as guide, signal, or service dogs pursuant to California Penal Code Section 365.5(d), (e) & (f) and successor sections;

C. Dogs and cats certified by a licensed veterinarian as not being suitable subjects for spaying and neutering due to health reasons;

D. Dogs and cats under the care of governmental animal control agencies; animal rescue organizations which have demonstrated to the Department that they have implemented an ongoing spay/neuter plan, as well as an adoption plan; or humane societies or societies for the prevention of cruelty to animals, if such societies are incorporated under the provisions of California Corporations Code Section 10400 and the Nonprofit Public Benefit Corporation Law in Part 2 of the California Corporations Code, beginning at Section 5110, and successor sections; and

E. Dogs documented as enrolled in a guide, signal or service dog breeding program administered by a person licensed under Chapter 9.5 (commencing with Section 7200) of Division 3 of the California Business and Professions Code.

(d) Penalties:

(1) Any cat or dog owner found by the Department to be in violation of the breeding permit provisions of this section may correct the violation(s) by providing conclusive proof to the Department that the dog(s) or cat(s) have been spayed or neutered, or by obtaining the necessary permit(s) mentioned in this section, no later than forty five days from the date when the Department had first notified the owner of the violation. Should the owner fail to correct the violation(s) in the manner described above, the Department shall impose a $500.00 civil penalty on the dog or cat owner. Notice of this penalty shall be served by the Department on the dog or cat owner in the manner allowed by Section 11(i) of this Code. This penalty shall not be waived by the Department upon the transfer or abandonment of the dog or cat by the non compliant owner. This penalty shall be imposed in addition to any other applicable civil or criminal penalties.

If the civil penalty mentioned above is not paid and the owner does not spay/neuter his/her dog(s) or cat(s) or obtains the breeding permit(s) required under Subsection (c), above, within fifteen days from the date when the Department first notified the owner of the imposition of the civil penalty mention in Section (d)(1), the continuing violation of the breeding permit requirement of this section becomes a misdemeanor and may be prosecuted as such.

(2) The Department may revoke any permit issued pursuant to this section upon a finding that the permit holder has violated its terms and conditions. Such a finding shall be made after an administrative hearing conducted in accordance with the provisions of Section 53.18.5 of this Code; provided, however, that a finding by the Department’s hearing examiner that such violation had occurred, if this finding is sustained by the General Manager, shall result in the permit’s revocation, notwithstanding the provisions of Section 53.18.5(l) of this Code.

(3) Except as specifically mentioned in Subsection (d)(1) and (2), above, failure to comply with any of the requirements mentioned in Subsections (b) and (c) of Section 53.15.2 of this Code is an infraction punishable by a $50.00 fine for the first occurrence, $75.00 for the second occurrence and $100.00 for each subsequent occurrence.

(e) Sale, Adoption and Other Transfers of Dogs and Cats:

(1) Any person who offers or provides, whether for compensation or otherwise, any dog or cat for sale or other type of transfer, shall disclose to the transferee information regarding the license and permit requirements of the City of Los Angeles applicable to the transferred animal.

(2) No person shall present any dog or cat for sale, adoption, barter, exchange, or adoption, whether for compensation or otherwise, in any public place, without first obtaining a permit pursuant to Los Angeles Municipal Code section 53.50. The term public place shall include, but not be limited to, streets, highways, sidewalks, carnivals, shopping malls, flea markets, boardwalks, and areas in front of commercial establishments. This prohibition shall not apply to:

A. Government agencies; non-profit animal rescue organizations exempt from taxation under Internal Revenue Code section 501(c)(3); or humane societies or societies for the prevention of cruelty to animals if such societies are incorporated under the provisions of California Corporations Code Section 10400 and the Nonprofit Public Benefit Corporation Law in Part 2 of the California Corporations Code, beginning at Section 5110;

B. Permitted dog or cat shows; or

C. Permitted pet stores which sell or otherwise transfer dogs or cats, whether for compensation or otherwise, within the store.

(3) No person shall give away any dog or cat as a prize or as an inducement to enter into any contest, lottery, drawing, game or competition.

(4) No person shall give away any dog or cat as an inducement to enter a place of business, or to enter into a business arrangement.

(5) No person shall sell, barter, exchange or offer for adoption, whether for compensation or otherwise, any dog or cat to any minor under the age of eighteen years, without the written permission of one of the minor’s parents or legal guardians.

(6) Commercial establishments selling dogs and cats which were not bred within the City of Los Angeles shall prominently display the name and address of the breeder(s) of such dogs and cats and any other pertinent information required by the General Manager.

(7) Failure to display the breeding permit number or include it in any advertisement for sale, adoption or other transfer of dogs and cats is an infraction punishable by a $50.00 fine for the first occurrence, $75.00 for the second occurrence and $100.00 for each subsequent occurrence.

(8) Possession of a valid permit under this section of the Code does not entitle the permit holder to engage in an activity which is otherwise prohibited by law.

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SEC. 53.15.3. DOG LICENSE FEE.

(a) (Amended by Ord. No. 177,969, Eff. 11/26/06.) Any person owning or having custody or control of any dog shall pay, in addition to a license tax, a fee in the sum of $91.50 for the processing and related costs of issuance of a dog license, except that for spayed female or neutered male dogs, or any dog certified by a licensed veterinarian to be incapable of breeding or being bred, a fee of $11.50 shall be paid. The provisions of Section 53.15 of this Code with respect to eligibility for the lower license tax specified there shall be equally applicable to eligibility for the lower fee specified in this section. Any person exempt under the provisions of Section 53.15 of this Code from paying the license tax imposed there shall be exempt from paying any license fee imposed by this section. License fees shall be paid annually or biannually on the expiration date of the license at the same time and in the same manner as the license tax. In the event any dog license fee required by this section is not paid within 45 days from the date of expiration of any previously issued dog license, or within 45 days from the date of mailing of notice to secure a license to the owner or custodian of any previously unlicensed dog, the following penalties shall apply:

(1) If the owner fails to obtain the license required in this section, upon the expiration of the 45 days compliance period mentioned above, the Department shall impose a $500.00 civil penalty on the owner. Notice of this penalty shall be served by the Department on the dog owner in the manner allowed by Section 11.00(i) of this Code. This penalty shall not be waived by the Department upon the transfer or abandonment of the dog by the non-compliant owner. This penalty shall be imposed in addition to any other applicable civil or criminal penalties.

(2) If the civil penalty mentioned in Subsection (a)(1), above, is not paid, and the owner fails to obtain the license required under Subsection (a) of this section within fifteen days from the date when the Department first notified the dog owner of the imposition of the civil penalty mention in Section (a)(1) above, the continuing violation of the license requirement of this section becomes a misdemeanor and may be so prosecuted.

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SEC. 53.18.5. REVOCATION OF LICENSE – HEARING PROCEDURES.

(Added by Ord. No. 162,538, Eff. 8/27/87.)

This section shall govern the revocation of dog licenses. For purposes of this section the term “dog” includes the plural and the term “owner” means the owner or person having charge, care or custody of a dog.

(a) Revocation of License. A license revocation hearing shall be held whenever it is found that the owner of any dog whose license has been reissued upon terms, conditions or restrictions pursuant to this section or Section 53.34.4(e)2 has either failed to comply with the terms, conditions or restrictions imposed when the license was reissued, or that the violation continues to exist or reoccurs.

(b) Hearing Examiner. A Hearing Examiner appointed by the General Manager shall exercise all powers relating to the conduct of the hearing, including but not limited to, the administration of oaths and affirmations and to certify to official acts.

(c) Notice of Hearing. The Department shall commence a hearing by issuing to and the serving of a written notice upon the owner of the dog. Notice shall be served at least ten (10) days prior to the date set for the hearing. The notice shall state in clear and concise language:

1. the purpose and reason for holding the hearing and the requested remedy or penalty, and

2. the time and place where the hearing is to be held.

(d) Subpoena Power. (Amended by Ord. No. 173,273, Eff. 6/25/00, Oper. 7/1/00.) The General Manager or his authorized representative is authorized and empowered to summon witnesses for the hearing by requesting the City Clerk, pursuant to Section 217 of the Charter of the City of Los Angeles, to issue subpoenas requiring the attendance of such witnesses at the time and place specified.

(e) Witnesses. At the hearing, the owner of the dog, the complainant or complainants, if any, and the Department shall be given an opportunity to present evidence, and call and cross-examine witnesses.

(f) Continuances. The Hearing Examiner may continue the hearing from time to time upon good cause being shown.

(g) Notice. Any written notice provided for in this section shall be served upon the owner of the dog in the manner provided for giving of notice in Section 11.00 (i) of this Code, or by posting upon property occupied by the owner, or both. Service by posting is complete upon posting.

(h) Evidence. Hearings need not be conducted according to technical rules relating to evidence or witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence, but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. Oral evidence shall be taken only on oath or affirmation.

(i) Reporting. A recording or transcript of the hearing shall be taken.

(j) Burden of Proof. The burden is on the Department to show by a preponderance of the evidence that the allegations made are true.

(k) Hearing Examiner – Report. The Hearing Examiner shall, within 15 days of the conclusion of any hearing, submit a report to the General Manager. The report shall contain a summary of the evidence, including oral testimony, and shall state the Hearing Examiner’s findings and recommendations. The report shall be a public record and shall be served upon the owner of the dog in accordance with the provision of (g) above.

(l) Hearings. (Amended by Ord. No. 165,507, Eff. 3/25/90.)

1. If, at the initial hearing the Hearing Examiner determines that the allegations are true, the Hearing Examiner shall recommend that the license be reissued upon reasonable terms, conditions or restrictions for the training, handling or maintenance of the dog to abate the condition which gave rise to the hearing.

Terms, conditions, or restrictions may include but are not limited to:

A. selection of locations within the owner’s property or premises where a dog shall not be kept;

B. requirements as to size, construction or design of an enclosure where a dog may be kept;

C. specialized training from a trainer or training program approved by the Department to correct any of the dog’s behavioral problems;

D. removal of one or more dogs from the premises to another location or prohibiting the addition of any new dog at the premises;

E. types and method of restraint, or muzzling, or both;

F. photo identification or permanent marking, or both, for purposes of identification.

2. A hearing or subsequent hearing shall be held wherein the license may be revoked if the owner has either failed to comply with the terms, conditions or restrictions imposed pursuant to clause (1), above, or Subdivision (r) or if the violation continues to exist.

If the license is again reissued, in addition to any other term, condition or restriction recommended by the Hearing Examiner, the licensee shall agree to pay a civil penalty in the amount of two hundred fifty dollars ($250) as a condition of the re-issuance of the license. The General Manager shall establish such rules and regulations as are reasonably necessary to prevent the imposition of the civil penalty from becoming an economic hardship on the licensee. Such rules and regulations shall include, but are not limited to, criteria to reduce the amount of penalty to be imposed and provisions for time payments.

3. If the owner fails to appear at a hearing or absents himself from a hearing, the Hearing Examiner may continue the matter or proceed with the hearing as the Hearing Examiner deems appropriate. Notwithstanding any other provision of this section, the Hearing Examiner may recommended the that license of any owner who fails to attend a hearing or absents himself from a hearing be revoked if the evidence establishes that the allegations are true.

(m) General Manager – Review.

1. The General Manager shall review the findings and recommendations of the Hearing Examiner and may adopt or reject the Hearing Examiner’s findings, or may adopt or modify the recommendations of the Hearing Examiner, or may return the matter to the Hearing Examiner for further evidence or for additional findings and recommendations. The General Manager’s decision shall be finalized in writing within 15 days of the receipt of the Hearing Examiner’s findings and recommendations, and shall be served upon the owner in accordance with the provisions of (g) above.

2. The decision of the General Manager is final and effective when served upon the owner, unless there is an appeal filed within 15 days of said service.

(n) Revoked License – Removal of Animal from City. If a dog license is revoked, the owner or custodian shall surrender the dog to the Department or permanently remove the dog or cause the dog to be permanently removed from the City within five (5) calendar days after either the time for appeal, as provided herein, has passed without an appeal being filed, or the decision of the Board revoking a dog license has been served upon the General Manager and appellant. The dog shall be impounded by the Department if found within the City after the said five–day period. Failure to remove a dog from the City or surrender it to the Department, as provided herein, is a misdemeanor. (Amended by Ord. No. 164,477, Eff. 3/27/89.)

(o) Subsequent Disposition of Dog. Notwithstanding any other provision of law, the Department shall hold for sale any dog surrendered or impounded pursuant to this section for a period of forty-five (45) days. The dog must be transferred to and sold from a district animal shelter different from the district animal shelter where the complaint arose. The General Manager or his duly authorized representative may impose appropriate terms, conditions or restrictions as a condition to the issuance of a new license to a new owner.

(p) Notice to the Department of the Removal of a Dog from the City. An owner of any dog whose license has been revoked pursuant to this section shall inform the Department in writing upon the dog’s removal from the City the name, address, and telephone number of the new owner, the location where the dog will be kept and the name and description of the dog. The owner shall, in addition, notify the new owner in writing of the details of any and all complaints concerning the dog, and any terms, conditions or restrictions previously imposed by the Department. The owner shall provide the Department with a copy of the notification to the new owner as well as an acknowledgment by the new owner the receipt thereof.

(q) Appeal Procedures. (Amended by Ord. No. 164,477, Eff. 3/27/89.)

1. The decision of the General Manager to revoke a dog license, to declare a dog to be a dangerous animal, to issue or re-issue a dog license upon terms, conditions or restrictions, or to refuse to issue a new license pursuant to Subdivision (r) may be appealed to the Board of Animal Services Commissioners by the owner of the dog as provided herein. (Amended by Ord. No. 165,507, Eff. 3/25/90.)

2. The Board may establish such rules and procedures consistent with this section as it deems necessary for the conduct of the hearing of appeals, including, but not limited to, the filing and presentation of written and oral statements.

3. The appeal shall be in writing and shall be on an appeal form provided by the Department. The appellant shall set forth specifically on the form wherein the appellant believes that the decision of the General Manager is not supported by the evidence or where any hearing before a Hearing Examiner was not conducted in accordance with the provisions of this section for the conduct of hearings. Within 10 days from the date of a timely filed appeal, the General Manager shall transmit to the Board copies of the Hearing Examiner’s file and report, the General Manager’s written decision and the appeal form for consideration.

The grounds or reasons stated on the appeal form by the appellant will be the only grounds or reasons considered by the Board. No appeal shall be considered if filed or postmarked later than 15 days after the decision of the General Manager is served upon the owner or if the owner has failed to appear at the hearing before the Hearing Examiner.

4. The Board shall fix the time, date and place of the hearing and shall serve a notice of the hearing upon all parties at least five days prior to the hearing. The Board shall conduct its hearing at the time, date and place specified in the notice unless, upon the written request of the appellant and upon good cause being shown, it agrees to continue the hearing once to a date certain no later than 14 days after the original date set for the hearing.

5. The Board, after notice and hearing, may affirm, modify, or reverse the decision of the General Manager and deny or grant appeal accordingly.

6. The Board shall not consider any new evidence and shall base its decision only upon

(i) the record before the Hearing Examiner,

(ii) the report of the Hearing Examiner,

(iii) the written decision of the General Manager,

(iv) the appeal form, and

(v) a consideration of statements, if any, presented to the Board orally or in writing at the hearing.

7. The Board shall make its decision within 75 days from the date the General Manager transmits to the Board the materials described in Subdivision 3 above provided, however, this time limit may be extended once if, prior to the expiration of the 75 days, the appellant, the General Manager and the Board mutually agree to extend this time limit for a period not to exceed 15 days. If the Board fails to act on any appeal within the specified time limits, the decision of the General Manager shall be deemed affirmed without further action by the Board.

8. The Board may reverse or modify the decision of the General Manager and grant the appeal only when the written decision of the General Manager is not supported by the evidence or whenever a hearing before a Hearing Examiner was not conducted in accordance with the provisions of this section for the conduct of hearings.

9. The decision of the Board to reverse or to modify the decision of the General Manager shall be in writing. The decision shall enumerate the ground or grounds which form the basis for the Board’s action and specify where in the record the evidence supports each ground so enumerated.

10. A decision of the Board is final. It becomes effective when served upon the General Manager and appellant by the Board.

(r) Reinstatement of License Privileges. (Added by Ord. No. 165,507, Eff. 3/25/90.) Upon the written request of the person whose privilege to own, possess, control or be in charge of any dogs has been terminated pursuant to Sections 53.34.4(h) or 53.63(c), the General Manager may reinstate the privilege as to other dogs and authorize the Department to issue a new license. In addition to any other requirement of law, the General Manager may impose such terms, conditions or restrictions as he believes are necessary to protect the public health, safety and welfare, and which may be in addition to any term, condition or restriction authorized by Clause (1) of Subdivision (l), above, or Section 53.34.4(e)(2).

The General Manager’s decision shall be in writing and state the reasons for issuing or refusing to issue the license or imposing terms, conditions or restrictions and shall be served upon the owner in accordance with the provisions of Subdivision (g). The owner may appeal to the Board the refusal to issue a license or the imposition of terms, conditions or restrictions as provided by this section.

No license shall be issued until the decision is final and then only upon the written acceptance by the owner of any terms, conditions or restrictions finally imposed. If the owner fails to comply with the terms, conditions or restrictions imposed herein, any license revocation hearing shall be held pursuant to Clause (2) of Subdivision (l) this section.

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SEC. 53.21. DOG TAGS – WEARING OF AND REGISTRY.

(a) Such tag shall be securely affixed to a collar, harness, or other device and shall at all times be worn by such dog, except while such dog remains indoors or in an enclosed yard or pen

(b) The Department shall procure the number of tags needed each year and shall keep a record of the name and address of the person to whom each such license is issued, the number of such tag, the date of issuance thereof and a description of the dog for which issued. (Amended by Ord. No. 133,983, Eff. 4/1/67.)

(c) The Department may upon proof of loss and receipt of $3.00 issue a replacement dog license number and tag to any person making such proof of loss. (Amended by Ord. No. 170,171, Eff. 1/20/95.)

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SEC. 53.22. DOG TAG – MUST BE OFFICIAL.

(a) No person shall attach to or keep upon any dog any tag provided for in this article except a tag issued for which dog under the provisions of this article.

(b) Dog Tags – Imitation of. No person shall attach to or keep upon any dog or make or have in his possession any counterfeit or imitation of any tag provided for in this article.

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SEC. 53.23. DOG TAGS – REMOVAL OF.

No unauthorized person shall remove any current valid license from any dog. (Amended by Ord. No. 129,259, Eff. 2/19/65.)

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SEC. 53.24. RECEIPT – CERTIFICATE – FAILURE TO EXHIBIT.

No person keeping or harboring a dog for which a license is required shall fail to exhibit a license receipt, certificate of vaccination, or exemption certificate required by this article upon demand by any employee of the Department. (Amended by Ord. No. 133,983, Eff. 4/10/67.)

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SEC. 53.26. LICENSE TAXES – RIGHT TO SUE FOR RECOVERY.

(Amended by Ord. No. 133,983, Eff. 4/10/67.)

The amount of any license tax or penalty imposed by this article shall be deemed a debt to the City of Los Angeles. Any person owning, having or keeping any dog in this City without having obtained a license so to do shall be liable to an action in the name of this City in any court of competent jurisdiction for the amount of any license tax imposed by and required by this article to be paid for the privilege of keeping and having such dog. It shall be the duty of the General Manager of the Department to cause a complaint to be filed against any person violating any of the provisions of this article and to cause an action to be brought against any person failing to pay any license tax required by the provisions of this article for the recovery of such tax. Such action shall be cumulative and shall not be deemed as a bar to or a waiver of the right of this City to prosecute any person for a violation of this article.

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SEC. 53.27. TRANSFER OF OWNERSHIP. NOTICE REQUIRED.

Each owner or operator of any dog hospital or pet shop, and any person engaged in the business of breeding dogs or as a veterinarian who sells, gives away or in any manner causes the ownership or permanent possession of any dog, whether over four (4) months of age or not, to be transferred to any person, shall notify in writing the Department of that fact within five (5) days after the date of such sale or transfer. Such notice shall state the kind of dog, the name of such dog, if any, and the person to whom such dog has been sold or transferred.

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SEC. 53.28. HARBORING OF UNLICENSED DOGS.

No person shall have, harbor or keep any unlicensed dog that is over the age of four months.

A Municipal Corporation may require the licensing of dogs.

People v. Harrington (1940) CR A 1701.

People v. Harrington (1941) CR A 1828.

In re Ackerman (1907) 6 Cal. App. 7.

Simpson v. City of Los Angeles (1953) 40 Cal. 7 271.

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SEC. 53.29. FEMALE DOGS AND CATS, STRAYING DURING SEASON.

(Amended by Ord. No. 130,868, Eff. 10/25/65.)

Every person owning or having charge, care, custody or control of any female dog or cat shall strictly confine such animal during its copulating season, i.e., while it is in heat or in season, in a building or other adequate enclosure designed to keep such dogs or cats on the premises of said person.

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SEC. 53.30. KEEPING OF DISEASED OR CRIPPLED ANIMALS.

No person shall have, keep, or harbor any animal which is known or believed by him to be infected with any dangerous or communicable disease, or which is in an incurable crippled condition, or which is afflicted with any painful disease which is believed by such person to be incurable, except as in this article otherwise provided.

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SEC. 53.31. PUBLIC SPAY AND NEUTER CLINIC.

(a) Authority for Clinic and Fees. The General Manager is hereby authorized and empowered to establish a clinic at which members of the public may have dogs and cats spayed or neutered in a humane manner upon payment of a $28.00 fee. (Amended by Ord. No. 168,050, Eff. 8/6/92.)

Notwithstanding the foregoing, no fee shall be charged for spaying or neutering a dog whose owner has applied for and qualifies to be issued a free license under Subsection (f) of Section 53.15 of this Code for such dog.

Nor shall a fee be charged for spaying or neutering a cat owned and maintained by a person 62 years of age or older, provided that the combined adjusted gross income (as used for purposes of the California Personal Income Tax Law) of all members of the household in which such person resided during the calendar year prior to the date on which the cat is to be spayed or neutered was less than Eleven Thousand Five Hundred Dollars ($11,500.00) for said calendar year. No more than three cats per person or household may be spayed or neutered free of charge, except that upon satisfactory proof of loss or death of a cat that was spayed or neutered free of charge under the provisions of this subsection, a replacement cat may be spayed or neutered free of charge for the same person. (Amended by Ord. No. 161,044, Eff. 5/4/86.)

For each fiscal year commencing with the 1991-92 fiscal year the General Manager is directed to determine, and utilize as the prior calendar year’s adjusted gross income limitation, the figure in effect on the preceding first day of April as the “very low income” limitation for a family of two persons in the City of Los Angeles, as determined by the United States Housing Act of 1937, as amended, and published by the United States Department of Housing and Urban Development. (Added by Ord. 167,134, Eff. 9/1/91.)

(b) Consent Form and Waiver. (Added by Ord. No. 141,123, Eff. 11/19/70.) Persons submitting dogs or cats for the above service shall sign a consent form certifying thereon under penalty of perjury that they are the owner of said animals or are otherwise authorized to present the animal for the above operation and such persons 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 Department of Animal Services and City employees for any injury or death to an animal arising out of the aforementioned operation or any services provided incidental thereto.

(c) Board and Care Charge. (Added by Ord. No. 141,123, Eff. , 11/19/70.) The department shall establish a return date by which persons submitting animals for the above operation shall pick up said animals 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 General Manager may dispose of it by sale or destruction.

(d) Suspension of fees. The fees and charges imposed by this section are hereby suspended for the period September 26, 1987 through and including January 22, 1988. (Added by Ord. No. 162,744, Eff. 9/24/87.)

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SEC. 53.32. ANIMALS – DISPOSAL OF.

It shall be the duty of the General Manager of the Department and he is hereby authorized and empowered to issue and sign a death warrant and order the destruction by any employee of the Department, of any animal lawfully taken into custody of the Department which in the opinion of the General Manager is, by reason of old age, unfit for further use, or which is infected with any dangerous or communicable disease, or which is in an incurably crippled condition, or which is adjudged by a written report of a licensed veterinarian to be afflicted with any painful or incurable disease. (Amended by Ord. No. 133,983, Eff. 4/10/67.)

The General Manager shall issue and sign a death warrant for and authorize the destruction by a police officer or other person of any animal inflicted with any dangerous or communicable disease or which is in an incurable crippled condition.

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SEC. 53.33. VICIOUS ANIMALS – PRIVATE PREMISES.

(Amended by Ord. No. 148,943, Eff. 11/25/76.)

(a) No person, owning or having custody or control of any dog, other than a sentry dog, or any other animal known by such person to be vicious or dangerous, shall permit it to run at large, or permit it to run loose on or within the premises of such person in such a manner as to endanger the life or limb of any person lawfully entering such premises. For the purposes of this section “sentry dog” shall mean a dog trained to work without supervision in a fenced facility to deter or to detain persons found within the facility.

(b) Notwithstanding any other provisions of this Code, no owner or person charged with custody or control of a sentry dog shall assign or work such dog on a premises, unless said premises is posted to warn of sentry dog activity. Said warning shall consist of signs placed at 50-foot intervals around the perimeter of the area guarded by the sentry dog and at all entrances and exits to said area. Such signs shall measure 10″ x 14″ and shall contain black lettering on a white background stating “WARNING – SENTRY DOG ON DUTY,” and shall also depict the head of a dog with bared fangs. In addition the sign shall set forth the name, address and telephone number of the sentry dog company furnishing the dog for hire. The telephone number shall be a telephone which is manned by a person 24 hours a day every day of the year.

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SEC. 53.34. ANIMALS AT LARGE.

(Title amended by Ord. No. 162,537, Eff. 8/8/87.) (Section amended by Ord. No. 162,748, Eff. 9/24/87.)

A person who owns or is in charge of or controls or who possesses a dog or other animal who permits, allows or causes the dog or other animal to run, stray, be uncontrolled or in any manner be in, upon, or at large upon a public street, sidewalk, park or other public property or in or upon the premises or private property of another person is guilty of a misdemeanor if said dog or other animal bites, attacks or causes injury to any human being or other animal.

Any person convicted under this section or Section 53.33 shall not own, possess, control or be in charge of any animal of the species which caused the bite, attack or injury for a period of three (3) years from the date of conviction. The Department shall not issue or renew any license or permit for said species of animal, except that upon the written request of the person so convicted, the General Manager may authorize the issuance of a dog license pursuant to the provisions of Section 53.15(b).

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SEC. 53.34.1. MENACING DOGS.

(Added by Ord. No. 168,864, Eff. 7/7/93.)

No person, owning or having custody or control of any dog, whether or not restrained by a substantial chain or leash, shall permit the dog to unlawfully assault, threaten or menace any human being or other animal upon any public street, sidewalk, park or other public property, or in or upon the premises or private property of another.

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SEC. 53.34.2. IMPOUNDMENT – BITING OR ATTACKING ANIMAL.

(Added by Ord. No. 162,537, Eff. 8/8/87.)

(a) The Department shall have the power to summarily and immediately impound a dog or other animal where there is evidence it has attacked, bitten or injured any human being or other animal pending any court or dog license or animal permit revocation proceeding arising from the attack, bite or injury; or to undertake a hearing pursuant to Section 53.34.4. A duly authorized Department employee may enter and inspect private property to enforce the provisions of this section as provided by Section 53.03 of this article.

Failure to surrender to the Department upon demand a dog or other animal which is subject to being impounded pursuant to this section is a misdemeanor.

A dog or other animal, impounded pursuant to the authority of this section, shall be returned to the owner or custodian as provided by Section 53.34.4 or when it is no longer required as evidence, or if a notice of a hearing pursuant to Section 53.34.4 to declare the dog or other animal a dangerous animal has not been served on the owner or custodian within seven days after the impoundment.

(b) In lieu of impound, the General Manager may permit the dog or other animal to be confined at the owner’s or custodian’s expense in a Department approved dog kennel or veterinary facility within the City or at the owner’s or custodian’s residence provided that the owner or custodian:

1. Shall not remove the dog or other animal from the kennel, veterinary facility or residence without the prior written approval of the General Manager or his authorized representative; and

2. Shall make the dog or other animal available for observation and inspection by Department personnel or members of law enforcement or their authorized representatives.

(c) The General Manager or his designated representative may have a dog or other animal, impounded or confined as provided in (a) or (b) above, permanently identified by means of photo identification prior to release from impound or confinement.

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SEC. 53.34.4. DANGEROUS ANIMAL – PROCEDURES.

(Added by Ord. No. 162,537, Eff. 8/8/87.)

(a) Hearing. The Department shall conduct a hearing to determine whether or not a dog or other animal confined or impounded pursuant to Section 53.34.2 is a dangerous animal. The hearing shall be conducted in accordance with the procedures provided by Section 53.18.5.

(b) Dangerous Animal – Declared. The Department, after a hearing, may declare any dog or other animal to be a dangerous animal whenever it has bitten, attacked or caused injury to any human being or other animal.

(c) Determination of Dangerous Animal – Evidence. In making a determination that a dog or other animal is or is not dangerous, evidence of the following shall be considered:

1. Any previous history of the dog or other animal attacking, biting or causing injury to a human being or other animal;

2. The nature and extent of injuries inflicted and the number of victims involved;

3. The place where the bite, attack or injury occurred;

4. The presence or absence of any provocation for the bite, attack or injury;

5. The extent to which property has been damaged or destroyed;

6. Whether the dog or other animal exhibits any characteristics of being trained for fighting or attack or other evidence to show such training or fighting;

7. Whether the dog or other animal exhibits characteristics of aggressive or unpredictable temperament or behavior in the presence of human beings or dogs or other animals;

8. Whether the dog or other animal can be effectively trained or retrained to change its temperament or behavior;

9. The manner in which the dog or other animal had been maintained by is owner or custodian;

10. Any other relevant evidence concerning the maintenance of the dog or other animal;

11. Any other relevant evidence regarding the ability of the owner or custodian, or the Department, to protect the public safety in the future if the dog or other animal is permitted to remain in the City.

(d) Dangerous Animal – Disposition.

1. It shall be unlawful for any person to own, possess, harbor or keep any dog or other animal declared by the Department, after a hearing, to be dangerous.

2. Any dog or other animal declared by the Department to be dangerous, if not already impounded by the Department, shall be immediately surrendered to the Department, and it is the duty of the Department to take up and impound any such dog or other animal.

3. (Amended by Ord. No. 164,477, Eff. 3/27/89.) Any dog, or other animal, declared to be a dangerous animal shall be humanely destroyed. The General Manager shall sign an order authorizing the destruction of the dog or other animal within two (2) days after the time for appeal as provided in Section 53.18.5(q)3 has passed without an appeal being filed.

In the event the Board has received and heard an appeal and made a determination that the dog or other animal is a dangerous animal, copies of that Board action shall be served upon the General Manager and appellant. Upon expiration of five days after completion of said service, the General Manager shall sign an order authorizing destruction of said dog or other animal.

(e) Dog or Other Animal – Not Dangerous – Procedure. (Amended by Ord. No. 162,748, Eff. 9/24/87.) If it is determined that the dog or other animal is not dangerous, but that the bite, attack or injury was the result of improper or negligent training, handling or maintenance, the dog license or animal permit may:

1. Be revoked if it is determined that the owner or custodian is unable or unwilling to properly train, handle or maintain the dog or other animal and a similar incident is likely to occur in the future without proper training, handling or maintenance, or

2. Be reissued with reasonable terms, conditions or restrictions imposed for the training, handling or maintenance of the dog or other animal to protect the public health, safety and welfare if it is determined that the owner or custodian is able and willing to properly train, handle or maintain the dog or other animal and a similar incident is not likely to occur in the future with proper training, handling or maintenance.

(f) Revoked License – Previously Impounded or Confined.

1. If a dog or other animal has been impounded or confined pursuant to Section 53.34.2 and its license or permit has been revoked pursuant to (e)1 above and the owner or custodian wishes to reclaim and remove it from the City of Los Angeles, the Department shall release it provided that the notice provisions of Section 53.18.5(p) are complied with prior to its release and further provided that the dog or other animal is taken to its new location immediately and directly upon its release from impound or confinement. Failure to remove the dog or other animal immediately and directly from the City upon release from impound or confinement is a misdemeanor.

2. Any dog or other animal which has previously been impounded or otherwise confined and which has not been claimed within five (5) calendar days of service of a notice of revocation of its license or permit shall be deemed abandoned and shall be disposed of by the Department in accordance with this article. Notwithstanding the above, the owner may enter into a written agreement with the Department to take additional time to remove, or to cause the dog or other animal to be removed, to a new location outside the City. Such additional time shall not exceed ten (10) days. For each additional day agreed to, the pound fees required by Section 53.12 shall be paid prior to the release of the dog or other animal.

(g) Animal Identification. Any dog or other animal subject to this section must be permanently identified by the Department by the use of photographs or permanent marking, or both, prior to its release from impound or confinement.

(h) New License Prohibited. (Amended by Ord. No. 165,507, Eff. 3/25/90.) Any person whose dog or other animal has been declared dangerous or whose license or permit has been revoked pursuant to this section shall not have the privilege to own, posses, control or be in charge of any animal of the species whose license or permit has been revoked or whose animal has been declared dangerous for a period of three (3) years from the date the decision becomes final and the Department shall not issue, re-issue or renew any license or permit except that a dog license may be issued as provided by Section 53.18.5(r).

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SEC. 53.35. ANIMALS – TRANSPORTATION OF.

No person shall transport or carry on the running board of any motor vehicle or outside of the portion of any motor vehicle designed for passengers or of the tonneau or body thereof any animal unless such animal is protected by a framework or other device which will prevent such animal from falling off or being thrown from such motor vehicle during the operation thereof.

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SEC. 53.36. RESISTING OFFICERS OR EMPLOYEES.

No person shall hinder, resist or oppose the General Manager or employees or representatives of the Department or any police officer in the performance of their duties under this article, or conceal or secrete any unlicensed dog from any such officer or person. (Amended by Ord. No. 133,983, Eff. 4/10/67.)

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SEC. 53.37. DOGS – EXEMPTIONS.

The provisions of Sections 53.15 and 53.15.3 shall not apply to any dog owned by, or in charge or care of, any person who is a non-resident of this City and either traveling through this City or temporarily residing in this City for a period not to exceed thirty days or to any dog brought temporarily to this City for the exclusive purpose of entering the animal in a bench show or dog exhibition and kept exclusively at such bench show or dog exhibition while in this City. (Amended by Ord. No. 162,538, Eff. 8/27/87.)

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SEC. 53.41. ANIMALS – FOOD POISONING.

No person shall place, leave or expose, in any place accessible to birds, fowls, domestic animals, dogs, cats or other such animals with the intent to kill or harm such birds, fowls, or animals, any poisonous substance or ingredient, or any edible or any other substance or ingredient which has in any manner been treated or prepared with any poisonous substance or ingredient.

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SEC. 53.44. VETERINARIES – NOTICES OF DEATH OF ANIMALS.

Every person owning or operating any veterinary hospital or other establishment for the treatment of animals, shall notify the owner of any animal left in such hospital or institution for treatment, of the death of such animal, within twenty-four (24) hours after the death, provided the address of the owner has been filed in the office of the veterinary hospital or other institution.

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SEC. 53.45. VETERINARIES – RETENTION OF DEAD ANIMALS.

Every person owning or operating any veterinary hospital or other establishment for the treatment of animals, shall hold any animals which die therein for a period of twelve (12) hours after notification of the death of such animal has been sent to the owner thereof.

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SEC. 53.46. WILD BIRDS – IMPOUNDING – CRATING.

(a) No person shall impound any wild or domestic fowl or bird unless provision is made by such person, for the proper feeding and the furnishing of water to such fowl or bird at intervals not longer than twelve hours apart.

(b) No person shall impound any wild or domestic fowl or bird in a crate, box or other enclosure, which crate, box or other enclosure, is less than twice as large in floor space or standing room as the total size of all fowls or birds which may be impounded therein, and which is not sufficiently high to permit each fowl or bird impounded therein to stand in a natural erect position.

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SEC. 53.49. DOGS – DOG DEFECATION TO BE REMOVED BY OWNERS.

(Title and Section Amended by Ord. No. 151,707, Eff. 12/29/79.)

It shall be unlawful for the owner or person having custody of any dog to fail to immediately remove and dispose of in a sanitary manner, by replacing in a closed or sealed container and depositing in a trash receptacle, any feces deposited by such dog upon public or private property, without the consent of the public or private owner or person in lawful possession of the property, other than property owned or controlled by the owner or person having custody of such dog. The provisions of this subsection shall not apply to a blind person being accompanied by a guide dog. Notwithstanding any other provision of this Code, every violation of any of the provisions of this section shall be an infraction, punishable by a fine of $20.00.

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SEC. 53.50. DOG KENNELS, ETC.

(a) Permit Required. (Amended by Ord. No. 170,171, Eff. 1/20/95.) No person, without first obtaining a permit therefor in writing from the Department, shall keep, conduct or operate within the City of Los Angeles any dog kennel, cat kennel, pet shop, zoo, animal rental establishment, animal grooming parlor, riding academy, livery stable, boarding stable, pony ring or pony ride, horse market, mule market, circus, rodeo, pet show, cat show, animal acts or exhibitions, alligator farm, ostrich farm, wild animals, miscellaneous animal or reptile establishment, or carrier and homing pigeons which are to be liberated for exercise or racing.

(b) Application – Contents of. Each application for permit hereunder shall be in writing upon a form to be furnished by the Department, and shall contain such information as the General Manager, by rule or regulation shall require. (Amended by Ord. No. 133,983, Eff. 4/10/67.)

All permits issued by the Department as required by this article shall expire one year from the date of issuance, unless sooner revoked or suspended, or unless the holder of such permit changes the location of his place of business, or sells, assigns, transfers or otherwise disposes of such business or his interest therein for a period of 30 days. (Amended by Ord. No. 150,576, Eff. 3/26/78, Oper. 7/1/78.)

Upon the expiration of any permit and within thirty days thereafter, the permittee shall apply for and secure a renewal of the permit in the manner provided for in this article upon paying the proper fees. Upon failure to make application for renewal of such permit within the time herein provided, the applicant shall pay, in addition to the regular permit fee, a penalty of 15% of any such renewal fee. (Amended by Ord. No. 133,983, Eff. 4/10/67.)

All permits issued hereunder shall be kept posted in a conspicuous place. (Amended by Ord. No. 133,983, Eff. 4/10/67.)

(c) Investigation. Upon the filing of each application hereunder, either for an original permit or a renewal thereof, the Department shall make such investigation as it deems proper. It shall then issue a permit to the applicant if it finds that: (Amended by Ord. No. 133,983, Eff. 4/10/67.)

1. The keeping of animals, or the conduct or operation of the business for which the permit is requested, and at the place set forth in the application, will not violate any law or ordinance of this City, or any law of the State of California; and

2. The keeping of animals, or the conduct or operation of the business for which the permit is requested will not constitute a menace to the health, peace or safety of the community; and

3. The premises and establishment where animals are to be kept is maintained in a clean and sanitary condition, and that animals will not be subject to needless suffering, unnecessary cruelty or abuse; and

4. The applicant has not had a permit revoked within one year prior to the application.

(d) Revocation or Suspension – Grounds – Procedure. Any permit issued hereunder may be revoked or suspended under the procedure outlined in Sec. 22.02 of this Code, if, after due investigation, the Department finds: (Amended by Ord. No. 133,983, Eff. 4/10/67.)

1. That the permittee, his agent, or employee, has been convicted of any offense involving the violation of Section 597 of the Penal Code of the State of California, or any provision of this article; or

2. That the permittee, his agent, or employee, has, at the place for which the permit was issued, failed to provide any animal, fowl or reptile in his possession, care or control, with proper and sufficient food, drink, shelter, or protection, or subjected any such animal, fowl or reptile to needless suffering, unnecessary cruelty, or abuse; or

3. That the permittee, his agent, or employee, has failed to maintain the premises in a clean and sanitary condition; or

4. That the permittee, his agent, or employee, has violated any rule or regulation of the Department. (Amended by Ord. No. 133,983, Eff. 4/10/67.)

(e) Rules and Regulations. The General Manager is hereby authorized and empowered to adopt such rules and regulations as he deems reasonably necessary to carry out the purpose of this article, and to insure the maintenance of approved and humane conditions at any place for which a permit is granted hereunder. A copy of such rules and regulations shall be furnished to each applicant for a permit upon the filing of his application. (Amended by Ord. No. 133,983, Eff. 4/10/67.)

(f) Permit Fees. The Department, before receiving any application for granting of any permit required by this section, shall require the payment of an annual permit in amounts as follows: (Amended by Ord. No. 168,590, Eff. 3/21/93.)

1. Dog Kennel $130.00

3. Pet Shop $130.00

6. Pet Show, Dog Show, Animal Acts or Exhibitions $150.00

13. Animal Grooming Parlor $130.00

(Added by Ord. No. 170,171, Eff. 1/20/95.)

The fees imposed herein for a pet show or a dog show shall be waived in the event that such show is held in a public park.

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SEC. 53.51. VACCINATION OF DOGS REQUIRED.

Every person who owns or harbors any dog over the age of four months in the city shall have such dog vaccinated against rabies by a duly licensed veterinarian of his choice, or at a Vaccination Clinic sponsored by the Southern California Veterinary Medical Association, except as provided in Section 53.52. (Amended by Ord. No. 127,508, Eff. 6/29/64.)

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SEC. 53.52. EXEMPTIONS.

(Amended by Ord. No. 106,995, Eff. 3/24/56.)

Notwithstanding any provision to the contrary herein, no dog need be vaccinated for rabies where:

(1) A licensed veterinarian has examined the dog and certified that at such time vaccination would endanger the dog’s health because of its age, infirmity, debility, or other physiological consideration; and

(2) Such certificate is presented to the Health Officer within five days of such examination; and

(3) The Health Officer concurs in the opinion of the veterinarian contained in such certificate and endorses on such certificate his approval thereof, such certificate must bear the date of issuance and must be renewed each year; or

(4) The dog is kept in the house, or in a fenced yard adequate to confine the animal at all times and the owner or person in charge of control of the dog furnishes the Department with his signed statement to that effect, or

(5) The dog, meeting the above requirements, is kept on a leash in accordance with the existing city leash law.

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SEC. 53.53. DUTY OF VETERINARIANS PERFORMING VACCINATIONS.

(Amended by Ord. No. 150,580, Eff. 3/26/78.)

Each duly licensed veterinarian, after vaccinating any dog, shall sign a certificate in triplicate containing the following information:

1. The name and address of the owner or harborer of the vaccinated dog;

2. The kind of vaccine used and the date of the vaccination;

3. The year and serial number of the dog tag;

4. The breed, age, color and sex of the vaccinated dog; and

5. Such other information as the General Manager may require.

He shall immediately present one copy to the owner of the vaccinated dog. The second copy shall be forwarded to the Department of Animal Services within five (5) calendar days after the end of the month in which the vaccination was administered. The remaining copy of the certificate shall be retained by the veterinarian.

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SEC. 53.54. CERTIFICATE RETAINED BY OWNER.

The copy of the vaccination certificate shall be retained by the owner or harborer of the vaccinated dog for inspection by the authorized representatives of the Department. (Amended by Ord. No. 129,259, Eff. 2/19/65.)

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SEC. 53.55. DOGS ON BEACHES PROHIBITED – EXCEPTION.

(Added by Ord. No. 123,426. Eff. 1/24/63.)

(a) Notwithstanding any other provisions of this Code, no person shall take any dog upon any public beach in the City of Los Angeles, nor shall any person owning or having charge, care or control of any dog cause, permit or allow such dog to be upon any such beach.

(b) The provisions of this section shall not apply to dogs which have been especially trained for and are used as

(1) guide dogs for the blind,

(2) signal dogs for the hearing impaired and

(3) service dogs for persons with disabilities other than visual or hearing, while such dogs are being used for such purposes. (Amended by Ord. No. 170,442, Eff. 5/4/95.)

(c) Notwithstanding any other provision of this Code, violation of this section is an infraction. (Added by Ord. No. 153,590, Eff. 5/11/80.)

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SEC. 53.56. IMPORTED DOGS.

Every person bringing any dog into the City shall comply with the laws, rules and regulations of the State of California and the City of Los Angeles relating to dogs. Any dog brought into the City which has not been vaccinated within thirty (30) months with an approved vaccine prior to importation shall be vaccinated in accordance with the provisions of this article within thirty (30) days after its arrival in the City. If the imported dog remains in the City for more than thirty (30) days, the dog shall be licensed in accordance with the provisions of this article. A certificate of vaccination issued by a duly licensed veterinarian from other jurisdiction for the specific dog, establishing vaccination with a vaccine approved by and in a manner prescribed by the State Department of Health, may be accepted by the Department of Animal Services as evidence of vaccination. (Amended by Ord. No. 150,337, Eff. 1/1/78.)

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SEC. 53.57. UNLAWFUL POSSESSION – CERTIFICATES.

(Amended by Ord. No. 129,259, Eff. 2/19/65.)

Only those persons who own or harbor a dog duly vaccinated in accordance with the provisions of this article, or meet exemption qualifications shall possess the completed vaccination certificates.

It shall be unlawful for any person except a licensed veterinarian, or a licensed vendor of the vaccine to make use of or have in his possession any uncompleted vaccination certificate. It shall be unlawful for any person to make use of or have in his possession a stolen or counterfeit vaccination certificate.

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SEC. 53.62. ANIMALS; BURIAL OF.

(a) Except as otherwise provided in this section, no person in whose possession any animal or fowl dies shall fail or neglect to notify forthwith the Board of Public Works, at the refuse station maintained by said Board, of the presence of a dead animal or fowl, and the address where the carcass thereof may be found. (Amended by Ord. No. 143,146, Eff. 4/27/72.)

(b) No person shall bury any animal or fowl in the City except in an established cemetery. The death of any such animal or fowl which is to be buried in any such cemetery need not be reported to the Board of Public Works as in this section provided. (Amended by Ord. No. 127,508, Eff. 6/29/64.)

(c) The provisions of Subsections (a) and (b) of this section do not apply when the animal or animals that died were determined before or after their deaths to have had Exotic Newcastle Disease by one or more persons then engaged in a program instituted by the Animal and Plant Health Service of the United States Department of Agriculture to eradicate Exotic Newcastle Disease. (Amended by Ord. No. 143,378, Eff. 5/15/72.)

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SEC. 53.63. BARKING DOG NOISE.

(Amended by Ord. No. 162,538, 8/27/87.)

It shall be unlawful for any person to permit any dog or dogs under his or her charge, care, custody or control to emit any excessive noise after the Department has issued a written notice advising the owner or custodian of the alleged noise and the procedures as set forth below have been followed. For purposes of this section, the term “excessive noise” shall mean noise which is unreasonably annoying, disturbing, offensive, or which unreasonably interferes with the comfortable enjoyment of life or property of one or more persons occupying property in the community or neighborhood. However, the provisions of this section shall not apply to any commercial animal establishment permitted by zoning law where located. The Department is responsible for enforcement of the provisions of this section. Enforcement is provided for as follows:

(a) First Complaint.

1. Upon receiving a written complaint involving a whining, barking, howling, or similar dog noise, the Department shall issue a written notice to the owner or person having charge, care, or custody (hereinafter in this section referred to as the owner) of the dog or dogs advising that person of the noise complaint and requesting immediate abatement of any excessive noise.

2. Complaints to the Department must be submitted in writing and shall include the name, address and telephone number of the complainant or complainants, as well as the address of the owner of the dog or dogs and a description of the noise.

(b) Second Complaint.

1. If, after 15 days from the issuance of the written notice pursuant to (a)(1) above, a second complaint is received, the Department shall, by written notice, require the complainant or complainants and the owner of the dog or dogs to appear at a meeting before a Department representative to discuss possible ways and means to resolve the problem. If the problem remains unresolved, the matter shall be set for hearing as provided by Section 53.18.5.

2. If the owner fails to appear before the Department representative, and there is evidence that the dog or dogs have emitted excessive noise, the problem shall be deemed unresolved, and the matter set for hearing as provided by Section 53.18.5.

(c) New License Prohibited. (Amended by Ord. No. 165,507, Eff. 3/25/90.) Any person whose dog license has been revoked pursuant to this section shall not have the privilege to own, possess, control or be in charge of any dog for a period of one (1) year from the date the decision becomes final and the Department shall not issue, reissue or renew any license except as provided by Section 53.18.5(r).

(d) Notice Requirements. Notice required pursuant to this section shall be given in the manner provided by Section 53.18.5(g)

(e) Exemption. (Added by Ord. No. 172,735, Eff. 9/9/99.) This section shall not apply to any person using guard and/or sentry dogs on lots zoned CCS, M1, M2, MR1, and MR2, as long as that person, at the time when the complaint of excessive noise is lodged with the Department, is in full compliance with the requirements of Sections 53.64 and 53.66 of this Code.

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SEC. 53.64. REGULATION OF SENTRY DOG SERVICES.

(Title and Section amended by Ord. No. 157,093, Eff. 11/6/82.)

Purpose of Section – The need for technical skill, training and experience, and other fundamental qualities and qualifications in persons engaged in the business of providing sentry dog services, of training sentry dogs, and of handling sentry dogs having been established and demonstrated, and in order to safeguard the health and safety or the general public, of persons who acquire such dogs and of the dogs themselves, it is the purpose of the City of Los Angeles, in enacting this ordinance, to make appropriate provision for the licensing and regulation of sentry dog businesses, trainers, handlers, and owners.

A. Definitions.

(1) “Sentry Dog” means any dog trained to guard, protect, patrol or defend any premises, area or yard, or any dog trained as a sentry or to protect, defend or guard any person or property or any dog which is schutzhund or any similar classification.

(2) “Trainer” means any person who engages in the practice of training a sentry dog in or for placement in the City of Los Angeles.

(3) “Handler” means any person who has custody of sentry dogs for transportation, placement, drop-off, or pickup to or at a location within the City of Los Angeles as part of a sentry dog service.

(4) “Sentry Dog Service” means engaging in the business of providing sentry dogs in the City of Los Angeles.

(5) “Person” means any individual, partnership, firm, joint stock company, corporation, association, trust, estate, or other legal entity.

(6) “Owner” means any person who has purchased or obtained legal custody of a sentry dog.

(7) “Licensee” means any person licensed pursuant to the provisions of this section.

B. Licensing.

(1) No person shall engage in the business of providing sentry dog service in the City of Los Angeles, or engage in the practice of training sentry dogs or hold himself or herself out as being able to do so, or act as a handler, unless licensed pursuant to this section.

(2) No person shall own or have the care or custody of a sentry dog unless the person has secured a sentry dog license, tag, and identification number from the Department of Animal Services. The fee for each sentry dog license shall be fifty dollars ($50.00) per year (Fee Amended by Ord. No. 170,171, Eff. 1/20/95.). The payment of the fee for the sentry dog license shall be in lieu of the dog license tax imposed by Section 53.15 of this article.

(3) The General Manager of the Department of Animal Services shall establish such standards as he or she deems necessary and proper to carry out the purposes of this section in determining the fitness of applicants for sentry dog trainer or handler, and for the sentry dogs themselves, and shall promulgate rules and regulations to effectuate the licensing and tagging of each dog as are deemed necessary. Each applicant for sentry dog trainer or handler shall satisfy the General Manager that he or she is qualified by training or experience to train or handle sentry dogs, to provide humane care and treatment of all dogs under his or her jurisdiction, and that he or she has adequate facilities for such training or handling. In formulating such standards, the General Manager shall seek the assistance of a committee of not less than three persons knowledgeable in the field of sentry dog training. Such standards shall include veterinary and health care standards to be observed by trainers and handlers. The General Manager shall appoint the members of the committee for three year terms. The initial appointments to the committee shall consist of one member for a one year term, one member for a two year term, and all other members for a three year term. The members of the committee may be replaced by the General Manager, without cause, prior to the expiration of their terms.

C. Rules and Regulations. Pursuant to the procedures set forth in the Los Angeles Municipal Code the General Manager may make such rules and regulations as are reasonably necessary to:

(1) Establish the procedures and responsibilities of the committee;

(2) Establish and administer an examination of applicants for a license to train or handle sentry dogs. Any person possessing a license to train sentry dogs may also handle sentry dogs without the necessity of a handler’s license;

(3) Issue annual licenses for sentry dog services, trainers, and handlers;

(4) Regulate the annual renewal of licenses including the necessity of reexamination of trainers and handlers.

D. Application For Licenses.

(1) An application for a license to operate, maintain, and conduct a sentry dog service in the City shall be filed together with an application fee of two hundred dollars ($200.00) (Fee Amended by Ord. No. 170,171, Eff. 1/20/95.) with the Department of Animal Services. An annual fee of one hundren dollars ($100.00) (Fee Amended by Ord. No. 170,171, Eff. 1/20/95.) shall be required for the renewal of a business license. The application shall state the name, address and type of organization of the sentry dog service, its method of operation, the names, addresses and physical description of its officers, proprietors, and employees, and such other identification and information including, but not limited to, fingerprints and recent photographs of the applicant, its officers, proprietors, and employees as may be deemed necessary by the General Manager of the Department of Animal Services.

(2) The application for a license to conduct a sentry dog service in the City, and each annual renewal request, must be accompanied by a surety bond underwritten by a corporate surety admitted to do business in California, in a form approved by the City Attorney, in the sum of $15,000.00 blanket coverage for each and all employees, officers, and proprietors of the sentry dog service. The bond shall be conditioned upon the faithful and honest conduct of the business of sentry dog service by the licensee and also conditioned upon faithful compliance with all of the ordinances of the City and the laws of the State of California, in force, or which may thereafter be adopted. The licensee and sureties named in the bond, and their successors and assigns, shall be jointly and severally liable to the City and to any person, firm or corporation for damages suffered by reason of the wrongful acts of the licensee, its officers, employees, or proprietors in breach of the condition of the bond. The bond shall not be void upon any one or more recoveries thereunder, but may be sued and recovered upon from time to time by any person, firm or corporation aggrieved or damaged, to the extent thereof. The bond shall be renewed to its original amount on each anniversary. Notice of any proposed cancellation of the bond shall be sent by registered mail to the Insurance and Bonds Section of the Office of the City Attorney and to the Department of Animal Services not less than 30 days in advance of the cancellation date.

(3) A sentry dog service shall furnish evidence of the following insurance with the Department of Animal Services upon request: workers compensation, general liability, and automobile liability.

(4) Each applicant for a sentry dog trainer license shall be a natural person and have at least 2000 hours of actual commercial experience as a trainer and have trained seven (7) dogs; or an equivalent amount of experience, as determined by the committee or General Manager. Each applicant for a sentry dog trainer license shall pay at the time of filing the application the sum of two hundred dollars ($200.00) (Fee Amended by Ord. No. 170,171, Eff. 1/20/95.) to the Department of Animal Services. An annual fee of one hundred dollars ($100.00) (Fee Amended by Ord. No. 170,171, Eff. 1/20/95.) shall be required for the renewal of a license.

(5) Each applicant for a sentry dog handler license shall be a natural person and shall pay a fee of one hundred dollars ($100.00) at the time of filing the application. An annual fee of fifty dollars ($50.00) shall be required for the renewal of a license.

E. Necessity of License. It shall be unlawful for any person to engage in any business or occupation licensed under this section within the City of Los Angeles unless such person holds a valid and unimpaired license pursuant to the provisions of this section. Violation of any provision of this section is a misdemeanor.

F. Denial of License. The General Manager may refuse to issue a license to a sentry dog service, trainer, or handler on the grounds that the applicant, or an officer or managing employee of the applicant, has committed or sustained one of the following within the last five (5) years:

(1) Conviction of a crime. A conviction within the meaning of this section means a plea or verdict of guilty or a plea of nolo contendre. Any action which the General Manager is permitted to take following the establishment of a conviction may be taken when the time for appeal has elapsed, or the judgment of conviction has been affirmed or on appeal and is final, or when an order granting probation is made suspending the imposition of sentence, irrespective of a subsequent order under the provisions of Section 1203.4 of the Penal Code; or

(2) Any act involving dishonesty, fraud, or deceit with the intent to benefit oneself or another, or injure another; or

(3) Any act involving violence with the intent to benefit oneself or another, or injure another; or

(4) Any act involving cruelty to an animal; or

(5) Any act which if done by a licensee would be grounds for suspension or revocation of the license.

The General Manager may deny a license pursuant to this subsection only if the crime or act is related to the qualifications, functions or duties of a sentry dog service, trainer or handler. The General Manager may also refuse to issue a license under this section if the General Manager determines that the applicant has made any false statements or given any false information in connection with any application required under this section.

G. Grounds for Suspension or Revocation of License. The General Manager may suspend or revoke a license issued under this section if the General Manager determines that the licensee has:

(1) Made any false statement or given any false information in connection with an application for a license, renewal of a license, or reinstatement of a license;

(2) Violated any provision of this Article;

(3) Violated any rule or regulation of the General Manager adopted pursuant to the authority contained in this section;

(4) Committed any act which would be grounds for denial of a license;

(5) A sentry dog service has employed or permitted a person to act as a sentry dog trainer or handler within the City of Los Angeles, as defined in this section, who is not in possession of a valid license issued pursuant to this section.

H. Revocation or Suspension of License. Any license issued under this section may be revoked or suspended under the procedure contained in Section 22.02 of the Los Angeles Municipal Code.

I. Qualification of a Dog. No person shall sell, give away or let for hire any sentry dog unless the following requirements have been met:

(1) The dog has been immunized against distemper and rabies;

(2) A certificate of rabies vaccination is current and valid, issued by a licensed veterinarian.

J. Identification Tag. Every trainer, handler, or owner of a sentry dog shall see to it that such sentry dog wears a clearly visible tag issued by the Department of Animal Services. Such tag shall have stamped or printed thereon the words “Sentry Dog, City of Los Angeles, Department of Animal Services, Fiscal Year…., if found, call 485-5763.” Such tag shall be suspended not less than three quarters of an inch and not more than two inches from the collar worn by the dog. Said collar shall be composed of leather affixed with suitable metal buckle or metal training collar (choke chain) to prevent loss of identification tag. Lost or stolen tags shall be reported to the Department and shall be immediately replaced by the Department at a reasonable replacement cost.

K. Report of Transfer, Loss or Theft Required.

(1) Any person who sells, leases, rents, gives away or otherwise transfers ownership or possession of any sentry dog shall, within ten days of the transfer, file a report with the General Manager on a form prescribed by him or her, containing the name and address of the person to whom such dog was transferred, a description and registration or identification number of the dog, and any other information the General Manager deems appropriate.

(2) Any person whose sentry dog is lost, stolen, or whose dog dies or is seriously injured shall, within three days of the loss, theft, injury or death, file a report with the General Manager, on a form prescribed by him or her containing a description and registration or identification number of the dog and any other information the General Manager deems appropriate.

(3) Any humane society, animal shelter, boarding kennel, pet shop, veterinarian or other person who receives a stray sentry dog, tagged or otherwise identified as sentry dog, other than a bona fide sale or other transfer as described under subdivisions in this section shall immediately notify the General Manager of the receipt, giving all particulars. Any dogs received by any humane society, animal shelter, boarding kennel, pet shop, veterinarian or other person under such circumstances shall be returned to the sentry dog owner or returned to the Department of Animal Services for legal disposition.

L. Inspection of Premises. Premises used for training or sale of sentry dogs and records thereof shall be open for inspection at reasonable hours by any employee of the Department charged by the General Manager with the duty of making inspections for the purpose of inspecting said premises or records to insure compliance with the requirements of this section and the rules and regulations adopted by the General Manager.

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SEC. 53.66. GUARD DOGS.

(Added by Ord. No. 159,914, Eff. 7/5/85.)

Purpose of Section – In order to safeguard the health and safety of the General Public from the danger of guard dogs used by industrial or commercial establishments and to insure the humane treatment of such guard dogs, it is the purpose of the City of Los Angeles in enacting this ordinance to make appropriate provisions for the regulation of guard dogs.

A. Definitions.

(1) “Guard Dog” means any dog kept, used or maintained on any commercial or industrial premises or any dog kept, used or maintained on any industrial or commercial premises to guard, protect, patrol or defend any property or person other than a sentry dog licensed under Section 53.64 of this Code.

(2) “Premises” means any industrial or commercial property, building, structure, business, firm, facility, or enterprise.

B. Required Signs and Information. No person shall keep, use or maintain any guard dog on any premises governed by this section unless the premises are posted to warn of a guard dog on the premises. The warning shall consist of a sign placed at each entrance and exit to the premises and in a position to be legible from the sidewalk or ground level adjacent to the sign. If the premises are not enclosed by a wall or fence, a sign shall be placed at every entrance and exit to each structure on the premises. Each sign shall measure at least 10″ × 14″ and shall contain block lettering on a white background stating “Warning Guard Dog on Duty”. The sign shall have a universal depiction of a silhouette of a dog with its mouth open and its teeth bared. In addition, the sign shall set forth the name, address and phone number of the person or persons to be notified during any hour of the day or night who will proceed immediately to the location to permit entry to the premises by any authorized representative of the Department. This section shall not apply to signs required by Section 53.33(b) governing sentry dogs. (Amended by Ord. No. 175,453, Eff. 10/26/03.)

C. Immunization.

(1) No person shall keep, use or maintain any guard dog on any premises unless each dog has been vaccinated against rabies as required by Section 53.51 of this code and each dog has a current and valid certificate of rabies vaccination issued by a licensed veterinarian, nor shall any person keep, use or maintain any guard dog unless each dog has been immunized against distemper, hepatitis, leptospirosis and parvovirus and each dog has a current and valid certificate of such immunization issued by a licensed veterinarian.

(2) The current and valid certificate of rabies immunization and immunization against the common diseases required by Section C.(1) must be issued by a licensed veterinarian and shall be kept on the premises and shown upon the request or demand of any authorized representative of the Department.

D. Veterinary Examination. No person shall keep, use or maintain any guard dog on any premises unless each guard dog has a complete physical examination including blood, fecal, and urine analysis by a licensed veterinarian who shall certify each dog to be free of any infections or disease process. Such examination and certification for the health of each guard dog shall be renewed each calendar year. Every dog currently used as a guard dog shall be examined and certified for health prior to January 1, 1986.

(1) Any guard dog found not to be free of infections or disease process by the veterinarian shall be removed from the premises immediately.

(2) A copy of the veterinarian’s annual certification of health shall be kept on the premises and shown upon the request or demand of any authorized representative of the Department.

(3) A copy of the veterinarian’s annual certification of health shall be filed with the Department within 15 days of its issuance.

(4) If an authorized representative of the Department has reasonable cause to believe that a guard dog is injured, sick, diseased, unwell, or malnourished or constitutes a danger to the public health and safety, said representative may order the guard dog to be removed from the premises until a new certification of health is issued by a licensed veterinarian. The Department representative shall be notified prior to returning the dog to the premises.

E. Tags. Notwithstanding Section 53.21, no person shall keep, use or maintain any guard dog on any premises unless each guard dog has its license tag securely affixed to its collar, harness or other device.

F. Confinement Requirements. It shall be unlawful for any person to tether, fasten, chain, tie, restrain, or cause a guard dog to be fastened, chained, tied, or restrained, to houses, trees, fences, garages or other stationary objects, by means of a rope, chain, strap, or other physical restraint method, for the purpose of confinement on real property. “Confinement,” for purposes of this section, shall mean the dog’s physical restraint to real property for more time than it is necessary for the dog owner to complete a task that requires that the dog be temporarily physically restrained to real property. When confined to real property, the dog must be tethered by a non-choke type collar or a body harness to a tether at least three times the body length of the dog, which allows the dog access to food, water, and shelter as described above, and be free from entanglement. This section shall not affect a person’s ability to use appropriate electronic means of confinement. (Amended by Ord. No. 175,453, Eff. 10/26/03.)

G. Shelter Requirements. No person shall keep, use, or maintain a guard dog on any premises unless the dog is provided full access to an enclosed building, dog house, or similar shelter at all times. The shelter shall:

(1) Have a top, bottom, and at least three sides.

(2) Have a floor raised off the ground, free of cracks, depressions and rough areas where insects, rodents or eggs from internal parasites may lodge. An effective program for the control of insects, ectoparasites, and other pests shall be established and maintained.

(3) Be cleaned and maintained in a manner designed to ensure the best possible sanitary conditions. Excreta shall be removed from the shelter as often as necessary, at least daily, to prevent contamination of the dog and to reduce disease hazards and odors. When a hosing or flushing method is used for cleaning, any dog contained in the enclosure shall be protected during the cleaning process. Rugs, blankets, or other bedding material shall be kept clean and dry.

(4) Be of adequate size to allow the dog to stand up and turn about freely, stand easily, sit and lie in a comfortable normal position.

(5) Have a floor constructed so as to protect the dog’s feet and legs from injury.

(6) Allow a dog kept outdoors to remain dry during rain.

(7) Have sufficient clean bedding material or other means of protection from the weather when the ambient temperature falls below that temperature to which the dog is acclimated.

(8) Provide sufficient shade to allow a dog kept outdoors to protect itself from the direct rays of the sun, when sunlight is likely to cause overheating or discomfort. Starting on the first day of June and ending on the last day of October, a shaded, heat-resistant area must be provided during daylight hours.

(9) Contain a suitable means for the prompt elimination of excess liquid.

(10) Be structurally sound and maintained in good repair to protect the dog from injury.

(11) Have all open windows and doors covered by flaps starting in the month of November and continuing until the end of May. The door flap shall allow the dog easy access in and out of the shelter, and at the same time allow the dog to retain body heat.

(12) Be constructed and maintained so that the dog contained therein has convenient access to clean food and water.

(Amended by Ord. No. 175,453, Eff. 10/26/03.)
H. Water Requirements. No person shall keep, use, or maintain any guard dog on any premises unless the dog has access to clean and fresh water at all times. Clean potable water shall be available to the dog unless restricted for veterinary care, and:

(1) If the water is kept in a container, this container shall be of the type designed to prevent tipping and spilling of the water contained therein. If necessary to accomplish this purpose, the container shall be secured to a solid structure or secured in the ground. Watering containers shall be kept clean and shall be sanitized at least once every two weeks; must be kept out of the sun and must be emptied and refilled with fresh water at least once each calendar day; or

(2) If the water is provided by an automatic or demand device, the water supply connected to the device must function 24 hours a day.

(Amended by Ord. No. 175,453, Eff. 10/26/03.)

I. Feeding Requirements. No person shall keep, use, or maintain any guard dog on any premises unless the dog is provided sufficient food daily to maintain proper body weight and good general health. In addition, the following requirements shall apply:

(1) The dog shall be provided with food which is free from contamination, is wholesome, palatable, and of sufficient quantity and nutritive value to meet the normal daily requirements for the condition and size of the animal.

(2) Food receptacles shall be accessible to the dog and shall be located so as to minimize food’s contamination by excreta and/or insects. Feeding pans shall be durable and kept clean. The food receptacles shall be sanitized at least once every two weeks. Disposable food receptacles may be used but must be discarded after each feeding. Self feeders may be used for the feeding of dry food, and they shall be sanitized regularly to prevent molding, deterioration or caking of food. Spoiled or contaminated food shall be disposed of in a sanitary manner.

(Amended by Ord. No. 175,453, Eff. 10/26/03.)

J. Licensing. No person shall own, keep, use, or maintain a guard dog unless the person has obtained a guard dog license and tag from the Department. The fee for each guard dog license and tag shall be $150.00 per year for an unaltered guard dog and $50.00 per year for an altered guard dog. Each license issued pursuant to this section shall expire one year from the date of its issuance and on the same day of each year. The license fee shall be paid annually to the Department and shall be due and payable on or before the expiration of the previous license. The payment of the annual guard dog license fee shall be in lieu of the dog license tax imposed by Section 53.15 and the dog license fee imposed by Section 53.15.3 of this article. (Amended by Ord. No. 175,453, Eff. 10/26/03.)

K. Electronic Animal Identification Device. No person shall own, maintain, keep, use, or maintain a guard dog unless the person had an Electronic Animal Identification Device approved by the Department surgically implanted in the dog. (Added by Ord. No. 175,453, Eff. 10/26/03.)

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SEC. 53.67. ANIMAL SACRIFICE.

(Added by Ord. No. 166,307, Eff. 11/12/90.)

(a) No person shall engage in, participate in, assist in, or perform animal sacrifice.

(b) No person shall own, keep, possess or have custody of any animal with the purpose or intention of using such animal for animal sacrifice.

(c) No person shall knowingly sell, offer to sell, give away or transfer any animal to another person who intends to use such animal for animal sacrifice.

(d) Nothing in this ordinance shall be construed to prohibit any person or establishment lawfully operating under the laws of this city and state from lawfully engaging in the slaughter or ritual slaughter of animals where the preparation or killing of such animals is primarily for food purposes.

(e) For the purpose of this section, the following words and phrases are defined as follows:

“Slaughter” means the killing of any animal for food purposes;

“Ritual slaughter” means the preparation and killing of any animal for food purposes in accordance with California Food and Agricultural Code Section 19501;

“Animal sacrifice” means the injuring or killing of any animal in any religious or cult ritual or as an offering to a deity, devil, demon or spirit, wherein the animal has not been injured or killed primarily for food purposes, regardless of whether all or any part of such animal is subsequently consumed.

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SEC. 53.70. CARE AND MAINTENANCE OF DOGS.

(Added by Ord. No. 176,915, Eff. 9/26/05.)

A. Shelter requirements. No person shall keep, use or maintain a dog outdoors on any premises unless the dog is either provided with full access to an enclosed building, or if not provided with such access, is provided with access to a dog house or similar shelter at all times. Said dog house or shelter shall:

(1) Have a weatherproof top, bottom and sides, and an opening on no more than one side that allows a dog to remain dry and provides adequate shade during daylight hours to allow a dog to protect itself in order to prevent overheating or discomfort to the dog.

(2) Have a floor that is level and dry.

(3) Be composed of material that protects the dog from injury, and is free from cracks, depressions and rough areas where insects, parasites and other pests might be established and maintained.

(4) Be of adequate size to allow the dog to stand erect with the dog’s head up, to turn around easily, and to sit and lie down in a comfortable and normal position.

(5) Have sufficient clean bedding material or other means of protection from weather when the weather is colder than what a dog of that breed and condition will comfortably tolerate and that will allow the dog to retain body heat. Bedding material shall be kept clean and dry.

(6) Contain a suitable means for the prompt elimination of excess liquid.

(7) Be structurally sound and maintained in good repair to protect the dog from injury.

(8) Be constructed and maintained so that the dog has convenient access to clean food and water.

(9) Allow the dog easy access in and out.

(10) Be cleaned and maintained in a manner designed to insure sanitary conditions. Excrement shall be removed from the dog house or shelter and from the premises, including yard and dog run, as frequently as necessary to prevent contamination and reduce health hazards and odors. Excrement shall be properly disposed of in trash containers and shall not be washed into the gutter or storm drain. When a hosing or flushing method is used to clean the dog house or shelter, dogs should be removed when reasonably possible.

B. Water requirements. No person shall keep, use or maintain any dog on any premises unless the dog has access to clean, fresh water at all times. Clean potable water shall be available to the dog unless restricted for veterinary care.

(1) If the water is in a container, this container shall be designed, secured, placed and maintained in a manner that prevents tipping and spilling of the water. Water containers shall be kept clean and sanitary, shall be kept out of the sun and shall be emptied and refilled regularly with fresh water; or

(2) If the water is provided by an automatic or demand device, the water supply connected to the device must function twenty four (24) hours per day.

C. Feeding requirements. No person shall keep, use or maintain any dog on any premises unless the dog is provided sufficient food daily to maintain proper body weight and good general health. The food shall be:

(1) Free from contamination, shall be wholesome and palatable and of sufficient quantity, quality and nutritive value to meet the normal daily requirements for the age, size and breed of dog.

(2) Contained in receptacles that is easily accessible to the dog and located in a manner and place that minimize contamination, including but not limited to contamination by excrement or insects. Feeding pans and food receptacles shall be durable and kept clean and shall be maintained in sanitary condition. Self-feeders shall be sanitized regularly to prevent molding, deterioration or caking of food, and to prevent any interruption of the flow of food that would make it difficult for the dog to access the food. Spoiled or contaminated food shall be disposed in a sanitary manner.

(3) Self-feeders and food receptacles shall not be left unattended outdoors for periods of time significantly longer than necessary for feeding purposes in order to prevent attracting vermin or animals in the wild, including predators.

D. Tethering. It shall be unlawful for any person to tether, fasten, chain, tie, restrain or cause a dog to be fastened, chained, tied or restrained to houses, trees, fences, garages or other stationary or highly immobile objects by means of a rope, chain, strap or other physical restraint for the purpose of confinement, except in circumstances where all of the following requirements are met:

(1) The tethering shall not be for more time than is necessary for the dog owner or custodian to complete a temporary task that requires the dog to be physically restrained for a reasonable period.

(2) The dog must be tethered by a non-choke type collar or a body harness to a tether that is at least three (3) times the body length of the dog, measured from the dog’s nose to the back of the hindquarters and which tether is free from entanglement.

(3) The dog must have access to food, water and shelter as described above.

(4) The dog shall be monitored periodically.

This section shall not affect the use of appropriate electronic means of confinement.

E. Caging. No person shall keep, use or maintain a dog in an outdoor pen, run, cage or other enclosure on any premises unless said pen, run, cage or enclosure is of adequate size to allow the dog to move around freely and, in addition,

(1) its length is at least five times the length of the dog and its width is at least three times the length of the dog, and its height allows the dog to stand erect with the dog’s head up, and

(2) contains a dog shelter as described in Section 53.70 A. above, or

(3) provides the animal access to the inside of a building.

The pen, run, cage or other enclosure shall be cleaned and maintained in a manner designed to insure sanitary conditions, and free of any debris which would be injurious to the dog.

F. Exceptions. This prohibition shall not apply to any entities exempt under the provisions of Section 53.15.2 (e)(2), to wit:

(1) Government agencies; non-profit animal rescue organizations exempt from taxation under Internal Revenue Code section 501(c)(3); or humane societies or societies for the prevention of cruelty to animals if such societies are incorporated under the provisions of California Corporations Code Section 10400 and the Nonprofit Public Benefit Corporation Law in Part 2 of the California Corporations Code, beginning at Section 5110;

(2) Permitted dog or cat shows; or

(3) Permitted pet stores which sell or otherwise transfer dogs or cats, whether for compensation or otherwise, within the store.

G. Penalties for noncompliance. A violation of this Section may be punishable as either an infraction or a misdemeanor at the sole discretion of the Los Angeles City Attorney’s Office.

The maximum penalty for a conviction of this Section as an infraction is a fine of $250.00. The maximum penalty for a conviction of this Section as a misdemeanor is a fine of $1,000.00, imprisonment in the County Jail for a period not more than six months, or by both a fine and imprisonment.

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Disclaimer: This article is for information only. It does not replace a consultation with a dog trainer, dog behavior consultant, or veterinarian and may not be used to diagnose or treat any conditions in your dog.

If you need help with dog training or puppy training in Los Angeles, please contact us. We would love to work with you!

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