5-1 1 ANIMALS

ANIMAL SHELTER: Shall mean a municipal or related public animal shelter or duly incorporated nonprofit organization devoted to the rescue, care and adoption of stray, abandoned or surrendered animals, and which does not breed animals.

ANIMAL SHELTER SUPERINTENDENT: Shall mean the person appointed to supervise a facility of the City established for the purpose of impounding or caring for animals under the authority of this chapter or State law.

CAT: Shall mean an animal of the Felidae family of the order Carnivora.

CERTIFICATE OF SOURCE: Shall mean a document declaring the source of the dog or cat sold or transferred by the pet shop. The certificate shall include the name and address of the source of the dog or cat.

COMMERCIALLY BRED DOG OR CAT: Shall mean a dog or cat that was intentionally bred for commercial purposes and profit and offered for sale to distributors, brokers or retail sellers of such animals.

COMMERCIAL KENNEL: Shall mean any kennel wherein dogs, cats, or both, are kept for the purpose of breeding, training, boarding or raising for profit.

DOG: Shall mean an animal of the Canidae family of the order Carnivora.

EXISTING PET SHOP: Shall mean any pet shop or pet shop operator that displayed, sold, delivered, offered for sale, offered for adoption, bartered, auctioned, gave away, or otherwise transferred cats or dogs in the City of Burbank and held a license to operate a pet shop as of October 17, 2012.

HANDLING: Shall mean feeding, manipulation, crating, shifting, transferring, immobilizing, restraining, treating, training, working or performing any similar activity with respect to any animal.

HORSE: Shall includes ponies, miniature horses and all members of the equine family including burros, donkeys, and all hybrids of said family such as mules.

HOUSING FACILITY: Shall mean any room, building or area used to contain a primary enclosure or enclosures.

KEEP: Shall mean possessing, controlling, exercising, maintaining, harboring or allowing to run at large.

KENNEL: Shall mean any lot, building, enclosure or premises wherein five (5) or more dogs, cats, or combination thereof, four (4) months of age or over are kept, except for pet shops selling animals from a registered rescue organization, adoption agency or public animal shelter.

KENNEL OPERATOR: Shall mean the person who is the legal owner or is actually in control of the operation of a kennel but does not include a veterinarian operating a veterinary hospital or an animal shelter.

MEDIUM: Shall mean a dog of twenty one (21) to forty (40) pounds (springer or cocker spaniel size).

NONCOMMERCIAL KENNEL: Shall mean any kennel wherein dogs, cats, or both, are kept as pets.

OWNER: Shall mean any person owning, keeping or harboring one or more animals. An animal shall be deemed to be kept or harbored if it is fed or sheltered for three (3) or more consecutive days.

PET: Shall mean any dog, cat, monkey or other primate, rabbit, bird, guinea pig, hamster, mouse, snake, iguana, turtle, or any other species of animal kept for pleasure rather than utility or sold or retained for the purpose of being kept as a household pet.

PET SHOP: Shall mean every place or premises where pet animals are kept for the purpose of either wholesale or retail sale, but shall not include a kennel.

PET SHOP OPERATOR: Shall mean a person who owns or operates a pet shop, or both.

PYGMY GOAT: Shall mean any goat not exceeding a height of twenty four inches (24") from the ground to the animal’s shoulder.

PRIMARY ENCLOSURE: Shall mean any structure used to immediately restrict an animal or animals to a limited amount of space, such as a room, pen, run, cage, compartment or hutch.

RABIES VACCINATION: Shall mean vaccination with a canine rabies vaccine approved for use by the State Department of Public Health.

RETAIL SALE: Shall include display, offer for sale, offer for adoption, barter, auction, give away, or other transfer of any commercially bred cat or dog.

SANITIZE: Shall mean to make physically clean and to remove and destroy, to the maximum degree that is practical, agents injurious to health.

SMALL: Shall mean a dog of less than twenty one (21) pounds (toy poodle or Manchester terrier size).

STABLE, COMMERCIAL: Shall mean any riding stable, riding academy, or other place or premises where horses are kept, housed, boarded, lodged, fed, hired, trained, sold or bred as a commercial activity.

STABLE, NONCOMMERCIAL: Shall mean all enclosed structures and corrals designed or used for keeping horses owned by the owner or occupant of the property.

STANDARD: Shall mean a dog of more than forty (40) pounds (German shepherd or larger).

UNREGISTERED ANIMAL: Shall mean any animal for which a required registration has not been paid for the current year.

WILD ANIMAL: Shall mean any wild, exotic, dangerous or nondomestic animal, including, but not limited to, mammals, fowl, fish or reptiles. [Added by Ord. No. 2467; formerly numbered Section 6 1; Amended by Ord. No. 18-3,902, eff. 5/4/18; 3836, 3397, 3276, 3058, 2667.]

5-1-102: VIOLATIONS AND FAILURE TO CORRECT:

A. Except as otherwise provided in this section, every violation of this chapter shall constitute a misdemeanor and shall be corrected upon order of the Animal Shelter Superintendent served upon the violator in writing.

B. A violation of any of the following sections shall constitute an infraction:

5-1-301. Keeping of Certain Nondomestic Animals Prohibited.

5-1-303. Keeping of Certain Animals Near Inhabited Structures, Schools and Hospitals is Prohibited.

5-1-304. Keeping of Birds, Fowl, Rabbits and Chinchillas on Residential Property.

5-1-305. Keeping of Bees.

5-1-306. Keeping Diseased Animals Prohibited; Exception.

5-1-401. Rabies Vaccination of Dogs; Exemption.

5-1-402. Issuance of Certificate.

5-1-507. Necessity for Dog Registration; Exceptions.

5-1-511. Metal Tags to be Worn by Dogs; Exception.

5-1-512. Unauthorized Removal of Metal Tag Prohibited.

5-1-513. Unauthorized Metal Tags Prohibited.

5-1-515. Necessity for Horse Registration; Exception.

5-1-517. Horse Registration to be Posted.

5-1-601. Cleanliness of Premises Where Animals Are Kept.

5-1-602. Health Officer May Order Premises Cleaned and Disinfected.

5-1-809. Confinement of Female Dogs and Cats.

5-1-906. Displaying Ill or Injured Animal, etc.

5-1-907. Use of Traps.

5-1-909. Dog Chains.

5-1-912. Riding Horses at Night.

5-1-914. Exposing Animal to Vehicular Traffic.

5-1-1001. Control of Animals.

5-1-1102. Dogs Creating Nuisance in Public Parks and on Sidewalks, etc.

5-1-1103. Tying Animal to Tree or Shrub in Public Place.

5-1-1104. Use of Sidewalk or Parkway.

5-1-1105. Disposal of Dead Animals.

5-1-1106. Nuisances at Commercial Stables.

5-1-1107. Feeding of Coyotes Prohibited.

5-1-1108. Feeding of Pigeons So As to Create a Public Nuisance Prohibited.

5-1-1303. Keeping of Manure.

5-1-1304. Manure Bins and Removal of Manure.

[Added by Ord. No. 2467; formerly numbered Section 6-2; Amended by Ord. No. 3276, eff. 11/16/91; 3058, 2749.]

ARTICLE 2. ANIMAL SHELTER

5-1-201: ESTABLISHMENT OF ANIMAL SHELTER:

An animal shelter, to be known as the Burbank Animal Shelter is hereby authorized and established. [Formerly numbered Section 6-3; renumbered by Ord. No. 3058, eff. 2/21/87; 2467.]

5-1-202: ANIMAL SHELTER SUPERINTENDENT¹:

The animal shelter shall be supervised by an Animal Shelter Superintendent under the immediate supervision of the City Manager or such department head as they shall designate. While engaged in the discharge of their duties, the Animal Shelter Superintendent shall wear a badge plainly designating their office. They shall enforce all laws of the City and State relating to the care, treatment and impounding of dumb animals, and the prevention of cruelty to dumb animals. They shall be sworn in as a police officer, vested with the power and the authority of such an officer for the sole purpose of performing the duties of Animal Shelter Superintendent, but they shall not be deemed to be a member of the Police Department unless qualified and appointed as such. [Formerly numbered Section 6-4; renumbered by Ord. No. 3058, eff. 2/21/87; 2467.]

5-1-203: ANIMAL SHELTER EMPLOYEES:

All employees of the City working under the supervision and direction of the Animal Shelter Superintendent shall possess every power and perform all and every duty belonging to office of the Animal Shelter Superintendent whenever the Animal Shelter Superintendent shall designate and authorize any such employee so to act; provided, however, that no employee shall be so empowered unless they have been sworn in as a police officer of the City and has been issued a metallic badge, plainly designating their office, to be worn while performing such duties. [Formerly numbered Section 6-5; renumbered by Ord. No. 3058, eff. 2/21/87; 2467.]

5-1-204: INSPECTION²:

A. Entry on Property: Whenever the Animal Shelter Superintendent, their authorized representative, or any peace officer or representative of the City Health Officer has reasonable cause to believe that there exists in any building or upon any premises any violation of the provisions of this chapter or other applicable law or whenever it is necessary for such officer to make an inspection to enforce any provision or perform any duty imposed by this chapter or other applicable law, they shall have the right to enter such property at any reasonable time to inspect and perform any duty imposed by this chapter or other applicable law, provided that:

1. If such property be occupied, they shall first present proper credentials to the occupant and request entry explaining their reasons therefor; and

2. If such property be unoccupied, they shall first make a reasonable effort to locate the owner or other person having charge or control of the property and request entry, explaining their reasons therefor; and

3. 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, recourse shall be had to every remedy provided by law to secure lawful entry and inspection of the property.

B. Emergency Entry; Denial Constitutes Misdemeanor: Notwithstanding the foregoing, if the Animal Shelter Superintendent, their authorized representative of the City Health Officer has reasonable cause to believe that the keeping or maintaining of any animal is so hazardous, unsafe or dangerous as to require immediate inspection to save the animal or protect the public health or safety, they shall have the right to immediately 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 they shall first present proper credentials to the occupant and demand entry, explaining their reasons therefore and the purpose of their inspection. Failure or refusal to permit inspection shall constitute a misdemeanor.

C. Entry Under Permit: The holder of any permit issued pursuant to this chapter, by accepting such permit, does thereby consent and agree that the Animal Shelter Superintendent, their authorized representative, or any peace officer or representative of the City Health Officer may enter upon the premises described in the permit for the purpose of conducting such inspections as are authorized or required by this chapter or other applicable law. [Formerly numbered Section 6-6; renumbered by Ord. No. 3058, eff. 2/21/87; 2467.]

5-1-205: INTERFERENCE WITH ANIMAL SHELTER SUPERINTENDENT:

No person shall resist or interfere with the Animal Shelter Superintendent in the performance of their official duties; nor shall any person fail or refuse to exhibit the registration of any animal required to be licensed by this code, when required to do so by the Animal Shelter Superintendent. [Formerly numbered Section 6-7; renumbered by Ord. No. 3058, eff. 2/21/87; 2467.]

5-1-206: ANIMALS TO BE IMPOUNDED³:

It shall be the duty of the Animal Shelter Superintendent to take up, seize, and impound any animal found running at large in or upon any street, or in the bed of the Los Angeles River, or upon any unenclosed lot, or found staked out, herded or grazing upon any street, or found staked upon any unenclosed lot or land, or found without a leash in the hands of a responsible person in a manner contrary to the provisions of this code. The said Superintendent shall capture and impound any animal found within the City limits not wearing a registration or license tag issued by the City or by any other municipality in the County of Los Angeles or by the County of Los Angeles. If said dog is registered or licensed by any other municipality in the County of Los Angeles or by the County of Los Angeles, it shall have attached to the collar, harness or similar device, physical evidence of rabies vaccination as prescribed by law of the licensing jurisdiction. All policemen on duty during the hours when the Animal Shelter is open shall be required to take up and seize and immediately deliver to the Animal Shelter Superintendent any animal so found running at large. [Formerly numbered Section 6-8; renumbered by Ord. No. 3058, eff. 2/21/87; 2467.]

5-1-207: RECORDS TO BE KEPT BY ANIMAL SHELTER SUPERINTENDENT:

The Animal Shelter Superintendent shall keep a record of each animal impounded, including the date such animal was received, the date and manner of its disposal, and the name and address of the person who redeemed, reclaimed or purchased the animal from the animal shelter, together with the amount of all fees received and collected therefor, and the number of any tag or the date of any registration exhibited or issued in connection therewith. [Formerly numbered Section 6-9; renumbered by Ord. No. 3058, eff. 2/21/87; 2467.]

5-1-208: RECLAIMING ANIMALS:

The owner or person entitled to the custody of any animal taken up, seized or impounded may, at any time before the sale or disposal thereof, redeem such animal by paying to the Animal Shelter Superintendent the charges and fees, including registration fees, accruing up to the time of such redemption and by complying with all other applicable provisions of this code; provided, however, that no person shall be charged for or on account of any animal which has been unlawfully picked up or impounded, and any such animal shall be delivered to the owner or person entitled to the custody thereof immediately upon demand therefor. [Formerly numbered Section 6-10; renumbered by Ord. No. 3058, eff. 2/21/87; 2467.]

5-1-209: RELEASE OF IMPOUNDED DOG:

No dog impounded under the provisions of this code shall be released to any person except where there has been a performance of the following conditions:

A. There has been presented to the Animal Shelter Superintendent a current registration for such dog issued by said Superintendent, or if the person keeping, harboring or having such dog is not a resident of the City, such nonresident person has presented to said Superintendent a current license or registration for such dog issued by any other municipality or by any county in the State;

B. Where the person keeping such dog is a resident of the City, there has been paid to the Animal Shelter Superintendent the fee for a City dog registration as provided by law;

C. There has been paid to the Animal Shelter Superintendent the impounding, collection and other fees as provided by law;

D. Every person receiving a dog from the Animal Shelter pursuant to this section shall comply with all of the conditions prescribed herein. An impounded dog that has not been vaccinated against rabies or exempted therefrom an exemption certificate as provided in this code may be released by the Animal Shelter Superintendent to the owner of the dog on condition that such owner:

1. Pay the fees required by this code;

2. Furnish to the Animal Shelter Superintendent at the time of release their signed statement that they will have the dog vaccinated within five (5) days;

3. Have the dog vaccinated for rabies within five (5) days; and

4. Exhibit a certificate of vaccination to the Animal Shelter Superintendent within five (5) days, at which time the registration will be issued; and

E. The Animal Shelter Superintendent has determined that such dog does not have and is not reasonably suspected of having rabies. [Formerly numbered Section 6-11; renumbered by Ord. No. 3058, eff. 2/21/87; 2467.]

5-1-210: FEES FOR IMPOUNDING:

The Animal Shelter Superintendent shall charge, receive and collect fees for services and impounding as designated in the Burbank Fee Resolution. [Formerly numbered Section 6-12; renumbered by Ord. No. 3058, eff. 2/21/87; 2933, 2467.]

5-1-211: DESTRUCTION OF IMPOUNDED ANIMALS FOR REASONS OF AGE, CONDITION OR DISEASE:

It shall be the duty of the Animal Shelter Superintendent to issue and sign a death warrant for, and to order the destruction by an employee of the City of, any animal lawfully taken into custody of the City which, in the opinion of the Animal Shelter Superintendent, is, by reason of old age, unfit for use, or which is infected with any dangerous or communicable disease, or which is in an incurable crippled condition, or which is adjudged by a written report of a licensed veterinarian to be afflicted with any painful, incurable disease. [Formerly numbered Section 6-13; renumbered by Ord. No. 3058, eff. 2/21/87; 2467.]

5-1-212: IMPOUNDED ANIMALS TO BE ADVERTISED FOR SALE; EXCEPTION:

All impounded animals, except dogs, cats, rabbits, birds and poultry, shall be promptly advertised for sale by the Animal Shelter Superintendent if not redeemed within three (3) days after being impounded. They shall post three (3) notices of sale, one at the entrance to the animal shelter, one at the entrance to the City Hall, and one at any other place in the City, and shall publish a copy of such notice for five (5) days in the newspaper of the City. The notice shall contain a general description of the animal to be sold, with its marks or brands, if any, and shall note the date, hour and place of sale. [Formerly numbered Section 6-14; renumbered by Ord. No. 3058, eff. 2/21/87; 2467.]

5-1-213: SALE:

At the time and place specified in said notice, as provided in the preceding section, or at any postponement thereof, the Animal Shelter Superintendent shall proceed to sell for cash to the highest bidder all animals so advertised. The Animal Shelter Superintendent shall execute to the purchaser thereof a bill of sale, and thereupon the title to such animal shall vest in such purchaser. [Formerly numbered Section 6-15; renumbered by Ord. No. 3058, eff. 2/21/87; 2467.]

5-1-214: UNREDEEMED DOGS, CATS, RABBITS, BIRDS AND POULTRY TO BE SOLD OR DESTROYED:

A. The Animal Shelter Superintendent shall sell or order the destruction of any dog, cat, rabbit, bird of poultry which is unredeemed within five (5) days after being impounded; provided, however, that any such animal may be destroyed immediately if brought in for destruction by a person claiming to be the owner. Any person who buys any such animal shall pay the Animal Shelter Superintendent the reasonable value thereof, together with the accrued shelter fees and the required registration fee therefor. No dog, cat, rabbit, bird, or poultry shall be retained in the animal shelter longer than one week except when under quarantine or upon the written approval of the City Manager of the City.

B. The Animal Shelter Superintendent shall not sell or give away any cat or dog that has not been spayed or neutered, unless a deposit for spaying or neutering the cat or dog in the sum of thirty dollars ($30.00) has been tendered to the shelter⁴. If in the opinion of the Animal Shelter Superintendent, the animal is too old, infirm or otherwise unable to reproduce, it may be sold without being spayed or neutered. If a female cat and her kittens or a female dog and her puppies are sold or given away to one individual, only a single deposit shall be required. The Superintendent may make appropriate arrangements for the spaying and neutering of the cat or dog or may return the deposit to the person purchasing or receiving the cat or dog upon presentation of a written statement or receipt from a veterinarian or clinic that the cat or dog has been spayed or neutered. Any cat or dog over six (6) months of age at the time it is sold or given away by the shelter shall be spayed or neutered within sixty (60) days, or the deposit shall be deemed unclaimed and shall escheat to the City. Any cat or dog six (6) months of age or younger at the time it is sold or given away by the shelter shall be spayed or neutered within six (6) months or the deposit shall be deemed unclaimed and shall escheat to the City.

C. Any deposit not claimed under subsection B of this section shall be used only for the following purposes:

1. A public education program to prevent overpopulation of cats and dogs.

2. A program to spay or neuter cats and dogs.

3. A follow up program to assure that animals sold or given away by the shelter are spayed or neutered.

4. Any additional costs incurred under subsection B of this section. [Formerly numbered Section 6-16; Amended by Ord. No. 3303, eff. date 9/11/92; 3058, 2467.]

5-1-215: BALANCE OF PROCEEDS:

Upon the sale of any animal, any balance of proceeds remaining after the payment of accrued fees, charges and demands shall be paid into the City Treasury for the use of the owner of such animal if claimed within six (6) months thereafter; if not, the same shall be turned into the general fund of the City. [Formerly numbered Section 6-17; renumbered by Ord. No. 3058, eff. 2/21/87; 2467.]

ARTICLE 3. RESTRICTIONS ON KEEPING ANIMALS

5-1-301: KEEPING OF CERTAIN NONDOMESTIC ANIMALS PROHIBITED:

No person shall keep any of the following animals within the City, except in a circus, carnival, motion picture studio, television studio, pet shop, parade or at the City Animal Shelter:

Alligator, alpaca, anaconda snake, anoa, aoudad, ape, badger, bat, bear, beaver, bobcat, buffalo, bull, caiman, calf, camel, chamois, cheeta, chimpanzee, civet, coatimundi, cougar (puma), cow, coyote, crocodile, deer, eagle, eland, elephant, elk, gibbon, giraffe, goat, guinea hen, hippopotamus, hyena, jack rabbit, jaguar, jaguarundi, kangaroo, koala, leopard, lion, lion (sea), llama, lynx, mongoose, moose, mountain sheep, orangutan, ostrich, otter (sea), panda, piranha, poisonous reptiles, porcupine, puma (cougar), rhinoceros, rooster, sea lion, sea otter, seal, sheep, skunk, tiger, tortoise, vulture, wallaby, walrus, warthog, weasel, wolf, yak, zebra. [Formerly numbered Section 6-18; Amended by Ord. No. 3276, eff. 11/16/91; 3058, 2667, 2467.]

5-1-302: KEEPING OF OTHER NONDOMESTIC ANIMALS⁵:

A. Permit Required: No person shall keep any nondomestic animal not listed in Section 5-1-301 of this article without first obtaining a permit from the Animal Shelter Superintendent so to do.

B. Permit Fee: Applicants for such permit shall pay a permit fee of five dollars ($5.00) per animal per year; provided, however, that no permit fee hereunder shall be required of a circus, carnival, fair or similar exhibition paying license fee under Section 3-3-104 or 3-3-107 of this code.

C. Duration of Permit: All permits provided for in this section shall be valid for the calendar year of issue only and shall expire on December 31 following the issuance thereof.

D. Granting of Permit: Upon receipt of an application for a permit to keep such animals, the Animal Shelter Superintendent shall grant such permit and issue the same if they are satisfied that such animal will be kept in a safe, secure and proper manner and without menacing the safety of any person or property. As a condition of granting the permit, they may require that such animal be properly caged or tethered and may make and issue regulations regulating the keeping or maintaining of such animals within the City.

E. Grounds for Revocation of Permit: Any permit issued under this section may be revoked when any provision of this code or any condition or regulation issued by the Animal Shelter Superintendent is violated, or when, in the opinion of said Animal Shelter Superintendent, the safety of any person or property is menaced by the keeping of such animal.

F. Nuisance, When Created: It is hereby declared a nuisance for any person to keep any such animal without complying with this section, or to allow such animal to escape and injure or damage any person or property. In addition to any other remedy in this code, penal or otherwise, the City Attorney may institute an action to summarily abate such nuisance, and if a permit has been issued it may be summarily revoked by the Animal Shelter Superintendent.

G. Exception: This section shall not apply to any such animal properly caged in a safe manner, when being transported through the City by the most direct permissible route, and in an expeditious manner in continuous movement without any unnecessary delays except for delays necessitated by obedience to official traffic control devices or the directions of a duly authorized police officer. [Formerly numbered Section 6-19; renumbered by Ord. No. 3058, eff. 2/21/87; 2467.]

5-1-303: KEEPING OF CERTAIN ANIMALS NEAR INHABITED STRUCTURES, SCHOOLS AND HOSPITALS IS PROHIBITED:

A. Animals Generally; Exceptions: No person shall keep any animal, wild or domestic, other than horses, dogs, cats, pigs, fish, white mice, rats, turtles, canaries or birds of the parrot or psittacine family within thirty five feet (35') of any inhabited structure, school or hospital.

B. Keeping of Pigeons: No person shall keep birds of the pigeon or columbidae family within twenty feet (20') of any inhabited structure located on the property upon which the birds are kept.

C. Keeping of Certain Animals: No person shall keep more than four (4) each of the following animals within thirty five feet (35') of any inhabited structure, school or hospital:

Gerbils, gopher snakes, guinea pigs, hamsters, king snakes, parrots, parakeets, amazons, cockateels, cockatoos, lories, lorikeets, love birds, macaws, and similar birds of the psittacine family, any similar animal, which in the opinion of the Animal Shelter Superintendent, is not either more obnoxious or detrimental to the public welfare than the animals enumerated herein. [Formerly numbered Section 6-20; Amended by Ord. No. 3276, eff. 11/16/91; 3058, 2668, 2467.]

5-1-304: KEEPING OF BIRDS, FOWL, RABBITS AND CHINCHILLAS ON RESIDENTIAL PROPERTY:

A. Limitations on Kind and Number: No person shall keep any crowing roosters or more than twenty five (25) live birds or domestic fowl, or rabbits, or chinchillas, or similar birds, fowl or animals, or more than twenty five (25) of any combination thereof, upon any lot or separate parcel of land or upon any number of contiguous lots or separate parcels of land under the same ownership or possession, or owned or in possession of any person, upon land the use of which is restricted or zoned for residential purposes by this code or any other ordinance of the City; provided, however, that crowing roosters or more than twenty five (25) birds may be kept on residentially zoned property if a permit therefor is obtained from the Animal Shelter Superintendent and maintained in full force and effect, as hereinafter provided.

B. Permit Procedure: No permit for more than twenty five (25) birds shall be issued by the Animal Shelter Superintendent until the application for the same has been submitted to and approved by the City Planning Commission following a public hearing before the City Planning Commission pursuant to notice given within the time and in the same form and manner as given on application for a conditional use permit pursuant to Section 10-1-1942 of this code, except publication shall not be required. Each applicant shall deposit with the Building Director an application fee of twenty five dollars ($25.00) to cover the cost of processing said application.

C. Limitations and Conditions on Approval: The City Planning Commission shall not approve any such application where it finds and determines that the granting of such an application would be detrimental to the public health and safety, or would unreasonably interfere with the quiet and peaceful enjoyment of surrounding or neighboring property. The City Planning Commission in approving any application may impose reasonable conditions in order to protect the public health, safety and welfare.

D. Appeal from Decision of City Planning Commission: Any person aggrieved by the decision of the City Planning Commission may appeal therefrom to the Council as provided in Section 2-1-1513 of this code. In such an event the City Clerk shall also give notice of the hearing before the Council within the time and in the manner specified for giving notice of the hearing before the City Planning Commission. Each Notice of Appeal shall be accompanied by an appeal fee of ten dollars ($10.00).

E. Issuance, Renewal and Revocation of Permit: Upon compliance with the foregoing and approval of an application under this section, the Animal Shelter Superintendent shall issue a permit to the applicant for the maintenance of crowing roosters or birds in the number and in the manner specified in the decision providing the applicant otherwise complies with the provisions of this article and other provisions of this code. Said permit shall be renewed annually following inspection by the Animal Shelter Superintendent upon payment of an annual permit fee of ten dollars ($10.00) providing the applicant has continued to comply with all terms and conditions of said permit and the provisions of this article and other provisions of this code. The permit of any applicant who fails to continually comply with any of such terms, conditions and provisions may be revoked as provided in Sections 2-1-1520 and 2-1-1521 of this code. [Formerly numbered Section 6-21; renumbered by Ord. No. 3058, eff. 2/21/87. Amended by Ord. No. 22-3,983, eff. 12/16/22; 2733, 24670.]

5-1-305: KEEPING OF BEES:

No person shall keep any hive of bees within two hundred feet (200') of any residence, hospital, sanitarium, public eating place, school, church, office building, store, hotel, apartment house, rooming house, or any other place of habitation. This section shall not apply to the keeping of bees within an educational institution for study or observation, or within a physician’s office or laboratory for medical research, treatment, or other scientific purposes, provided they are not permitted to fly at large. [Formerly numbered Section 6-22; renumbered by Ord. No. 3058, eff. 2/21/87; 2467.]

5-1-306: KEEPING DISEASED ANIMALS PROHIBITED; EXCEPTION⁶:

No person shall keep any animal which is known or believed by them to be infected with any dangerous or communicable disease, or which is afflicted with any painful disease believed by them to be incurable, without a permit so to do from the Health Officer of the City. [Formerly numbered Section 6-23; renumbered by Ord. No. 3058, eff. 2/21/87; 2467.]

5-1-307: KEEPING OF PIGS:

A. No person shall keep or maintain, or allow to be kept or maintained upon any premises owned or controlled by them, more than one Vietnamese potbellied pig. However, Vietnamese potbellied pigs with an adult weight of one hundred (100) pounds or more are prohibited. No other species of pig or hog may be permitted to be kept or maintained within the City.

B. No person shall keep a Vietnamese potbellied pig without first obtaining a permit pursuant to Section 5-1-302 of this article. [Added by Ord. No. 3276, eff. 10/16/91.]

5-1-308: KEEPING OF PYGMY GOATS:

A. No person shall be allowed to own, possess or keep more than one pygmy goat at any residence, business or any other location within the City of Burbank.

B. No person shall own or possess any pygmy goat at any residence, business or any other location within the City of Burbank without first obtaining a permit pursuant to the requirements of Section 5-1-302 of this article. [Added by Ord. No. 3397, eff. 3/11/95.]

ARTICLE 4. RABIES PREVENTION⁷

5-1-401: RABIES VACCINATION OF DOGS; EXEMPTION:

Every person keeping a dog over the age of four (4) months shall cause such dog to be vaccinated with rabies vaccine by a person licensed to practice veterinary medicine by the State of California, or any other State or nation, on or before the latest of the following dates:

A. One year after vaccination with tissue phenolized vaccine;

B. Two (2) years after vaccination with chick embryo vaccine;

C. Thirty (30) days after first acquiring such dog;

D. Thirty (30) days after bringing such dog into the City; except that this section shall not apply to any dog exempt from registration under the provisions of this code. [Formerly numbered Section 6-24; renumbered by Ord. No. 3058, eff. 2/21/87; 2467.]

5-1-402: ISSUANCE OF CERTIFICATE:

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

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

B. The kind of vaccine used and date of vaccination;

C. The year and identification number of the registration tag;

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

E. Such other information as the Animal Shelter Superintendent may require.

They shall immediately present one copy to the owner of the vaccinated dog, and within five (5) days from the date of vaccination, mail one copy to the office of the Animal Shelter Superintendent. The remaining copy of the certificate shall be retained by the veterinarian. [Formerly numbered Section 6-25; renumbered by Ord. No. 3058, eff. 2/21/87; 2467.]

5-1-403: ISOLATION, QUARANTINE AND DESTRUCTION FOR RABIES:

It shall be the duty of the Animal Shelter Superintendent or any police officer of the City to immediately notify the City Health Officer who shall immediately notify the County Health Officer concerning the location and description of any dog or other animal infected, or believed to be infected, with rabies, or which is known to such officer, or believed by them, to have been exposed thereto. Upon receipt of such information, said City Health Officer, if they find said animal to be infected with rabies or believe that said animal may be so infected with rabies, shall cause such dog or animal to be isolated, quarantined for examination and observation for a period of fifteen (15) days unless such animal dies sooner, and then to be destroyed or disposed of as deemed advisable by them. Said isolation and quarantine may be upon the premises of the owner or person having custody of such animal, if the City Health Officer so determines. [Formerly numbered Section 6-26; renumbered by Ord. No. 3058, eff. 2/21/87; 2467.]

5-1-404: DUTY OF OWNER OR CUSTODIAN TO QUARANTINE:

No person owning or having custody or possession of such dog or other animal shall fail, refuse or neglect to quarantine such animal for such period as may be designated by the City Health Officer. [Added by Ord. No. 2467; formerly numbered Section 6-27; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-1-405: DUTY OF PERSON BITTEN TO NOTIFY:

It shall be the duty of every person bitten by a dog or other animal to immediately notify the City Health Officer, giving their full name, age and address, the circumstances surrounding and the extent of the bite, the medical treatment given and the name and address of the owner or person having custody or possession of the animal. [Added by Ord. No. 2467; formerly numbered Section 6-28; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-1-406: DUTY OF OWNER OR CUSTODIAN OF ANIMAL TO NOTIFY:

Whenever the owner or person having custody or possession of any dog or other animal shall observe or learn that such animal has shown symptoms of rabies, or has acted in a manner which would lead to a reasonable suspicion that it might have rabies, or has bitten a human being, or has been bitten by another animal, such owner or person shall immediately confine such animal in an enclosure or securely hold the animal by means of a chain or other device and shall notify the City Health Officer, and allow them or their deputies to make an inspection or examination of the animal for the purpose of determining whether it has rabies. [Added by Ord. No. 2467; formerly numbered Section 6-29; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-1-407: DUTY OF PERSON HAVING KNOWLEDGE TO NOTIFY:

It shall be the duty of every person having knowledge of the existence of a dog or other animal apparently afflicted with rabies to report immediately to the City Health Officer the existence and description of such animal, the place where sent, the name of the owner or person having custody or possession of the animal, if known, and the symptoms suggesting rabies. [Added by Ord. No. 2467; formerly numbered Section 6-30; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-1-408: DUTY OF PHYSICIAN TO NOTIFY:

It shall be the duty of every physician to report immediately to the City Health Officer the full name, age and address of any person under their care or observation who has been bitten by a dog or other animal. [Added by Ord. No. 2467; formerly numbered Section 6-31; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-1-409: DUTY OF PARENT OR PERSON IN ATTENDANCE TO NOTIFY:

If the person bitten by a dog or other animal is under the age of eighteen (18) years or is unable to report to the City Health Officer, it shall be the duty of the minor’s parents or guardian or whoever is caring for the person bitten to make such report. [Added by Ord. No. 2467; formerly numbered Section 6-32; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-1-410: FAILURE, REFUSAL OR NEGLECT TO REPORT OR ALLOW EXAMINATION:

Failure, refusal or neglect to immediately notify the City Health Officer that a person has been bitten by a dog or other animal or that a dog or other animal is suspected of rabies or to allow the City Health Officer or their deputies to make an inspection or examination of the animal for the purpose of determining whether it has rabies shall constitute a misdemeanor. [Added by Ord. No. 2467; formerly numbered Section 6-33; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-1-411: DUTY OF VETERINARIAN:

All veterinarians treating a dog or other animal indicating symptoms of rabies shall hold such animal in quarantine until the matter is disposed of by the City Health Officer. [Added by Ord. No. 2467; formerly numbered Section 6-34; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-1-412: SURRENDER OF CARCASS:

It shall be the duty of the owner or person having custody or possession of any animal suspected of having rabies to surrender the carcass of the animal, or such portion of the carcass as may be demanded, to the City Health Officer after the death of the animal. [Added by Ord. No. 2467; formerly numbered Section 6-35; renumbered by Ord. No. 3058, eff. 2/21/87.]

ARTICLE 5. REGISTRATION OF ANIMALS

DIVISION 1. GENERAL PROVISIONS

5-1-501: DEFINITIONS:

The following words and phrases, whenever used in this article, shall be construed as defined in this section:

OWNER: Any person keeping any dog for fifteen (15) consecutive days.

UNLICENSED DOG: Any dog for which a registration fee has not been paid for the current year, or to which a metal tag has not been attached as required by this article. [Formerly numbered Section 6-36; renumbered by Ord. No. 3058, eff. 2/21/87; 2467.]

5-1-502: REGISTRATION PERIOD:

All registrations provided for in this article shall be valid for one year from the date of issuance, unless otherwise provided for in this Article. [Formerly numbered Section 6-37; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3713, eff. 1/27/07; 2467.]

5-1-503: FEES PAYABLE IN ADVANCE; NO PRORATING; PENALTY FOR DELINQUENT PAYMENT:

All registration fees prescribed by this article shall be paid in advance. There shall be no prorating of any such fee, and the full amount thereof shall be paid regardless of when the fee became due. All fees shall become delinquent if not paid on the day when due, except that fees due during the month of January shall not become delinquent until the first day of February immediately following, and horse registration fees due at any other time shall not become delinquent until the expiration of ten (10) days from the date the horse was brought into the City. A penalty in an amount specified in the Burbank Fee Resolution shall be added to any fee which becomes delinquent, and such penalty as well as the fee shall be paid before the registration certificate is issued. [Formerly numbered Section 6-38; renumbered by Ord. No. 3058, eff. 2/21/87; 2933, 2620, 2467.]

5-1-504: CONTENTS OF REGISTRATION:

Each registration required by this article shall state the name and residence address of the person to whom issued, the nature of the registration, the amount paid therefor, the date when issued, and the date on which the registration will expire. In the case of a dog registration, the registration shall also contain a description of the dog, and the number of the metal tag accompanying the registration certificate. In the case of a horse registration, the registration shall also contain a description of the horse for which the registration is issued, and the address of the place where such horse is usually kept. [Formerly numbered Section 6-39; renumbered by Ord. No. 3058, eff. 2/21/87; 2467.]

5-1-505: REGISTER OF REGISTRATION CERTIFICATE:

The Animal Shelter Superintendent shall keep a record of the name and address of each person to whom a registration certificate or certificate and tag are issued under this article, the date of issuance thereof, the number of the metal tag, and a description of the dog, kennel or horse for which issued. [Formerly numbered Section 6-40; renumbered by Ord. No. 3058, eff. 2/21/87; 2467.]

5-1-506: REGISTRATION FEE A DEBT:

The amount of any registration fee imposed by this article shall be deemed a debt to the City, and any person keeping any dog or horse without having obtained a registration certificate so to do from the City shall be liable to an action in the name of the City in any court of competent jurisdiction for the amount of the registration fees and penalties imposed and required by this article to be paid for the privilege of keeping such dog or horse; and it shall be the duty of the Animal Shelter Superintendent to cause a complaint to be filed against any person violating any of the provisions of this article, or the preceding article, and to cause an action to be brought against any person failing to pay any registration fee or penalty required by the provisions of this article for the recovery of the same. Such action shall be cumulative and shall not be deemed a bar to, or a waiver of the right of the City to prosecute any person for a violation of this article or any other applicable provision of this code. [Formerly numbered Section 6-41; renumbered by Ord. No. 3058, eff. 2/21/87; 2467.]

DIVISION 2. DOGS

5-1-507: NECESSITY FOR DOG REGISTRATION; EXCEPTIONS:

No person owning or having custody or control of any dog over the age of four (4) months shall keep such dog unless the dog is validly licensed with the City as provided by this article; provided, however, that the provisions of this article shall not apply to any dog owned by or in the care or charge of a nonresident of the City who is traveling through the City or temporarily sojourning therein for a period not exceeding thirty (30) days, nor to any dog temporarily brought into the City for the exclusive purpose of being entered in a bench show or dog exhibition, provided such dog is so entered and not kept elsewhere in the City, nor to any “seeing eye” dog while being kept in training or after being acquired by the blind. Dogs in a licensed kennel must be kept exclusively in such kennel; otherwise they must be registered as provided in this article. [Formerly numbered Section 6-42; renumbered by Ord. No. 3058, eff. 2/21/87; 2467.]

5-1-508: APPLICATION FOR DOG REGISTRATION:

Application for a dog registration shall be made to the Animal Shelter Superintendent, accompanied by a registration fee as designated in the Burbank Fee Resolution. [Formerly numbered Section 6-43; renumbered by Ord. No. 3058, eff. 2/21/87; 2933, 2467.]

5-1-509: REGISTRATION FEE EXEMPTIONS:

A. Blind: Every person owning a seeing eye dog shall be exempt from the registration fee requirement of Section 5-1-508 of this code. Upon application, annually, to the Animal Shelter Superintendent and presentation of a vaccination certificate as prescribed by the provisions of Section 5-1-510 of this code, every owner of a seeing eye dog shall receive, at no charge, a “Burbank Dog Tag”.

B. Senior Citizens And Physically Handicapped Persons: The Council finds that persons over age sixty two (62) and persons with a physical handicap have special need for dogs to provide warning of, or protection from, forcible or surreptitious entry into their homes, and that it is therefore in the public interest to encourage dog ownership for warning and protection purposes among these classes of City residents by reduced dog registration fees. Any person who satisfies the requirements of this subsection shall be qualified for reduced rates, as designated in the Burbank Fee Resolution, for registration of each spayed or neutered dog permanently and lawfully housed at the applicant’s place of residence and owned by the applicant or the applicant’s spouse.

1. To qualify for the reduced rates authorized by this subsection, the owner or custodian over age sixty two (62) of any dog shall execute, prior to issuance of a dog registration, a declaration under penalty of perjury on a form provided by the Animal Shelter Superintendent, containing the following:

a. The name, place of residence, and the age of the applicant.

b. A statement that the dog for which reduced rate registration is sought is permanently housed at applicant’s place of residence, the dog has been spayed or neutered, and that the applicant is the owner or permanent custodian of the dog (if custodian only, the name of the owner shall be given).

c. A statement that the applicant or the applicant’s spouse owns, rents, or otherwise has the exclusive right to possession of such premises or such place of residence.

d. A statement that the gross annual income of the household in which the applicant resides is less than nine thousand dollars ($9,000.00) per calendar year.

2. To qualify for the reduced rates authorized by this subsection, the owner or custodian, who is handicapped, of any dog shall execute, prior to issuance of a dog registration, a declaration under penalty of perjury on a form provided by the Animal Shelter Superintendent, containing the following:

a. The name and place of residence of the applicant.

c. A statement that the applicant or the applicant’s spouse owns, rents, or otherwise has the exclusive right of possession of such premises or such place of residence.

d. A statement that the applicant is permanently handicapped and such statement shall be supported by such evidence as the Animal Shelter Superintendent deems acceptable to establish such status.

e. A statement that the gross annual income of the household in which the applicant resides is less than nine thousand dollars ($9,000.00) per calendar year. [Added by Ord. No. 2933; formerly numbered Section 6-43.1; renumbered by Ord. No. 3058, eff. 2/21/87; 2950.]

5-1-510: RABIES VACCINATION CERTIFICATE REQUIRED:

Every person applying for a dog registration must exhibit a certificate issued by a person licensed by the State of California or other state or nation, to practice veterinary medicine, showing that the dog for which the registration is to be issued has been vaccinated with rabies vaccine in accordance with the provisions of this code. No dog shall be registered without such certificate. No dog which is exempted from the requirement of being registered pursuant to Section 5-1-1203 shall be sold or removed from any kennel without a certificate for rabies vaccination unless such dog was received from and is returned to a nonresident owner, or is removed from the City. [Formerly numbered Section 6-44; renumbered by Ord. No. 3058, eff. 2/21/87; 2467.]

5-1-511: METAL TAGS TO BE WORN BY DOGS; EXCEPTION⁸:

With each dog registration there shall be issued a metal tag bearing an identification number and the year for which issued, together with the words “Burbank Dog Tag” plainly inscribed thereon. Such metal tag shall be securely fixed to a collar, harness or other device to be worn at all times by the dog for whom the registration is issued, except while such dog remains indoors or in an enclosed yard or pen. [Formerly numbered Section 6-45; renumbered by Ord. No. 3058, eff. 2/21/87; 2933, 2467.]

5-1-512: UNAUTHORIZED REMOVAL OF METAL TAG PROHIBITED:

It shall be unlawful for any unauthorized person to remove from any dog any collar, harness or other device to which is attached a registration tag for the current year, or to remove such tag therefrom. [Formerly numbered Section 6-46; renumbered by Ord. No. 3058, eff. 2/21/87; 2467.]

5-1-513: UNAUTHORIZED METAL TAGS PROHIBITED:

No person shall attach to, or keep upon, any dog, any metal tag other than the tag issued for such dog under the provisions of this article, except for an identification tag containing the name and address of the owner. No person shall make or have in their possession any counterfeit or imitation of the metal tag provided for in this article. [Formerly numbered Section 6-47; renumbered by Ord. No. 3058, eff. 2/21/87; 2467.]

DIVISION 3. CATS

5-1-514: VOLUNTARY CAT REGISTRATION:

Any person owning or having custody of a cat may register such cat with the Animal Shelter Superintendent. Applications for registration shall be accompanied by the registration fee designated in the Burbank Fee Resolution. A metal tag bearing an identification number and the year for which issued, together with the words “Burbank Cat Tag” plainly inscribed thereon, shall be issued to the registrant. It shall be unlawful for any unauthorized person to remove such tag from any cat. [Formerly numbered Section 6-48; renumbered by Ord. No. 3058, eff. 2/21/87; 2933, 2467.]

DIVISION 4. HORSES

5-1-515: NECESSITY FOR HORSE REGISTRATION; EXCEPTION⁹:

No person shall keep a horse unless the horse is validly registered with the City as provided by this article; provided, however, that the provisions of this article shall not apply to any horse temporarily brought into the City for a period of not to exceed thirty (30) days for the exclusive purpose of being entered in a horse show or exhibition. [Formerly numbered Section 6-49; renumbered by Ord. No. 3058, eff. 2/21/87; 2467.]

5-1-516: APPLICATION FOR HORSE REGISTRATION; FEES:

Application for a horse registration shall be made to the Animal Shelter Superintendent, accompanied by a registration fee as designated in the Burbank Fee Resolution, except that no registration fee shall be required for horses used in the business of operating a riding academy or riding stable licensed under Section 3-3-302 of this code. Applications by a riding academy or riding stable shall contain a declaration, under penalty of perjury, of the number of horses owned and the number being boarded therein on the first day of January of the year of registration. [Formerly numbered Section 6-50; renumbered by Ord. No. 3058, eff. 2/21/87; 2933, 2467.]

5-1-517: HORSE REGISTRATION TO BE POSTED:

Every person obtaining a horse registration as provided by this article shall post such certificate of registration and keep the same posted at all times at or near the door, gate, or other entrance to the place where the horse is usually kept. [Formerly numbered Section 6-52; renumbered by Ord. No. 3058, eff. 2/21/87; 2467.]

ARTICLE 6. CLEANLINESS OF PREMISES GENERALLY

5-1-601: CLEANLINESS OF PREMISES WHERE ANIMALS ARE KEPT:

Every person owning or occupying premises where any animal is kept shall at all times keep the stable, primary enclosure, building or place in which such animal is kept in a clean and sanitary condition. [Formerly numbered Section 6-53; renumbered by Ord. No. 3058, eff. 2/21/87; 2467.]

5-1-602: HEALTH OFFICER MAY ORDER PREMISES CLEANED AND DISINFECTED:

No person who is ordered by the City Health Officer to clean or disinfect any stable, primary enclosure, building or place in which any animal is kept, or who is ordered by such officer, or their representative, to clean or disinfect such stable, primary enclosure, building or place, shall fail, neglect or refuse to do so. [Formerly numbered Section 6-54; renumbered by Ord. No. 3058, eff. 2/21/87; 2467.]

ARTICLE 7. STRUCTURES AND ENCLOSURES GENERALLY

5-1-701: PROTECTION FROM ELEMENTS:

Animals shall be provided with proper shelter and protection from the elements. [Added by Ord. No. 2467; formerly numbered Section 6-55; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-1-702: SHELTERS MUST BE HABITABLE:

A. Every structure or enclosure in which animals are kept shall be:

1. Constructed of material easily cleaned.

2. Kept in good repair.

3. Maintained in a clean and sanitary condition.

4. Properly ventilated to prevent drafts and to remove odors.

5. Heated and cooled according to the physical needs of the animal affected.

6. Sufficiently lighted to allow observation of the animals and inspection of the structure or enclosure. [Added by Ord. No. 2467; formerly numbered Section 6-56; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-1-703: SHELTERS MUST BE SECURE:

Every structure or enclosure in which any animal is kept shall be so constructed and maintained as to prevent escape, and all reasonable precautions shall be taken to protect the public from the animal and the animal from the public. [Added by Ord. No. 2467; formerly numbered Section 6-57; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-1-704: SIZE OF FACILITIES:

All rooms, cages, kennels, and runs in which any animal is kept shall be of sufficient size to adequately and properly accommodate the animal using the facility. [Added by Ord. No. 2467; formerly numbered Section 6-58; renumbered by Ord. No. 3058, eff. 2/21/87.]

ARTICLE 8. CARE AND ATTENTION GENERALLY¹⁰

5-1-801: FOOD AND WATER¹¹:

All animals shall be supplied with sufficient food and water. The food shall be free from contamination, wholesome, palatable, and of sufficient quantity and nutritive value to meet the normal daily requirements for the condition and size of the animal. [Added by Ord. No. 2467; formerly numbered Section 6-59; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-1-802: CLEANLINESS:

Animals shall be maintained in a clean and sanitary condition. [Added by Ord. No. 2467; formerly numbered Section 6-60; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-1-803: SUPERVISION:

No animal shall be left unattended for more than twelve (12) consecutive hours. [Added by Ord. No. 2467; formerly numbered Section 6-61; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-1-804: POSTING EMERGENCY CONTACT:

The telephone number of the Animal Shelter and the name, address and telephone number of the person in charge shall be posted in a conspicuous place in front of the premises at every kennel, animal hospital, and other commercial animal facility. [Added by Ord. No. 2467; formerly numbered Section 6-62; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-1-805: QUARANTINE:

Any animal under quarantine and displaying symptoms of or under treatment for a communicable disease shall be separated from other animals in such manner as to preclude spread of the disease. [Added by Ord. No. 2467; formerly numbered Section 6-63; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-1-806: TREATMENT:

Any animal requiring medical attention shall be taken to a veterinarian for examination or treatment if the Animal Shelter Superintendent, or their representative, finds that this is necessary in order to maintain the health of the animal and orders the owner or person having charge, care, custody or control of the animal to do so. [Added by Ord. No. 2467; formerly numbered Section 6-64; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-1-807: REST PERIODS FOR WORKING ANIMALS:

Working animals shall be given proper rest periods. Any animal which the Animal Shelter Superintendent has suspended from work or use shall not be worked or used until released by the Animal Shelter. [Added by Ord. No. 2467; formerly numbered Section 6-65; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-1-808: EXERCISE¹²:

Animals that are confined or restrained shall be exercised or allowed to exercise in accordance with their individual needs. [Added by Ord. No. 2467; formerly numbered Section 6-66; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-1-809: CONFINEMENT OF FEMALE DOGS AND CATS:

Every person owning, or having charge, care, custody or control of any female dog or cat shall strictly confine such animal in a building or enclosure designed to keep such animal secluded from a male of the species while it is in heat or during its copulating season unless the animals are under constant supervision and being mated for the purpose of breeding. [Added by Ord. No. 2467; formerly numbered Section 6-67; renumbered by Ord. No. 3058, eff. 2/21/87; 2489.]

ARTICLE 9. CRUELTY AND ABUSE¹³

5-1-901: TRANSPORTING ANIMALS ON MOTOR VEHICLES:

No person shall transport any animal on the running board of any motor vehicle, or outside the passenger compartment, tonneau or body thereof, unless such animal is protected by a framework or other device which will prevent such animal from falling off, jumping off, or being thrown from such motor vehicle while it is in motion. [Formerly numbered Section 6-68; renumbered by Ord. No. 3058, eff. 2/21/87; 2467.]

5-1-902: UNSAFE PREMISES:

On any premises where an animal is kept, it shall be unlawful to maintain a dangerous or defective condition that is or could be injurious to the animal. [Added by Ord. No. 2467; formerly numbered Section 6-69; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-1-903: UNSAFE EQUIPMENT:

It shall be unlawful to use any equipment, device, substance or material that is, or could be, injurious or cause unnecessary cruelty to any animal. [Added by Ord. No. 2467; formerly numbered Section 6-70; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-1-904: QUARTERING INCOMPATIBLE ANIMALS:

Animals that are natural enemies, temperamentally unsuited, or otherwise incompatible, shall not be quartered together or allowed so near each other as to cause injury, fear or torment; provided, however, that if two or more animals are so trained that they can be placed together and do not attack each other or perform or attempt any hostile act to the other, they may be quartered together or allowed near one another. [Added by Ord. No. 2467; formerly numbered Section 6-71; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-1-905: OVERWORKING AN ANIMAL:

Any animal which is overheated, weakened, exhausted, sick, injured, diseased, lame or otherwise unfit shall not be worked, used or rented. [Added by Ord. No. 2467; formerly numbered Section 6-72; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-1-906: DISPLAYING ILL OR INJURED ANIMAL, ETC.:

Animals bearing evidence of malnutrition, ill health, unhealed injury, or in an unsanitary condition shall not be displayed. [Added by Ord. No. 2467; formerly numbered Section 6-73; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-1-907: USE OF TRAPS:

The use of iron or steel jaw traps, or any inhumane trap, with the exception of rodent traps, commonly used for mice, rats, or gophers, is prohibited. This section shall not apply to persons employed by or in the service of the City of Burbank for depredation control. [Added by Ord. No. 2467; formerly numbered Section 6-74; renumbered by Ord. No. 3058, eff. 2/21/87; 2890.]

5-1-908: DISTURBING NESTS OF SONGBIRDS:

No person shall kill, destroy or rob the nest of any songbird. [Added by Ord. No. 2467; formerly numbered Section 6-75; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-1-909: DOG CHAINS¹⁴:

When a chain or other restraint is used to tether a dog, it shall be so placed or attached that it cannot become entangled with the chain of any other animal or with any other object. It shall be of a type commonly used for the size of the dog to which it is attached, shall be affixed by means of a well fitted collar, shall be at least three (3) times the length of the dog as measured from the tip of its nose to the base of its tail and shall allow the dog convenient access to food, water and shelter. [Added by Ord. No. 2467; formerly numbered Section 6-76; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-1-910: FAILURE TO PROTECT FROM ABUSE:

Every reasonable precaution shall be taken to ensure that animals are not teased, abused, mistreated, annoyed, tormented or in any manner made to suffer by any person or by any means. [Added by Ord. No. 2467; formerly numbered Section 6-77; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-1-911: INTERFERENCE WITH POLICE DOGS:

No person shall injure, tease, strike or otherwise interfere with any dog specially trained for assistance to law enforcement officers while said dog is in the custody of, or being used by, a law enforcement officer in the performance of their official duties. [Added by Ord. No. 2846; formerly numbered Section 6-77.1; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-1-912: RIDING HORSES AT NIGHT:

Every person who rides or leads a horse at night shall wear some type of reflective device or material so as to be plainly visible within one hundred to three hundred fifty feet (100-350') when directly in front of the lawful upper headlight beams of a vehicle. [Added by Ord. No. 2467; formerly numbered Section 6-78; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-1-913: USE OF ALCOHOL OR DRUGS ON ANIMAL:

No animal shall be given any alcoholic beverage or any dangerous, restricted drug except when prescribed by a person licensed by the State to practice veterinary medicine. [Added by Ord. No. 2467; formerly numbered Section 6-79; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-1-914: EXPOSING ANIMAL TO VEHICULAR TRAFFIC:

No person shall hitch or tie a horse or any other animal to a tree or shrub in any street or other public place so as to be endangered by vehicular traffic. [Added by Ord. No. 2467; formerly numbered Section 6-80; renumbered by Ord. No. 3058, eff. 2/21/87.]

ARTICLE 10. RUNNING AT LARGE¹⁵

5-1-1001: CONTROL OF ANIMALS:

A. Leashes Required on Dogs; Exceptions: No person keeping a dog shall allow such dog to be in or upon any street, park or other public place, or in or upon any unenclosed lot or other private premises, unless such dog is attached to a secure leash held continuously in the hands of a responsible person capable of controlling it, or is securely leashed upon said unenclosed lot or premises in such manner that the rope or other attachment by which it is held or tethered does not permit it to be or go beyond the boundaries of such lot or premises, or unless such dog is securely confined within an automobile which is adequately ventilated. This section shall not apply to events in parks for which permits have been issued pursuant to Title 3, Chapter 3, Article 8 of this code, which expressly allow the permittee to keep a dog(s) off leash.

B. Animals Prohibited from Running at Large: No person keeping an animal other than a dog shall allow the same to stray or roam, or in any other manner to be at large, in or upon any street, or in the bed of the Los Angeles River, or upon any unenclosed lot or land in such manner that the rope or other attachment by which the same is held or tethered may permit it to be or go beyond the boundaries of such lot or land. [Formerly numbered Section 6-81; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3592; eff. 1/26/02; 2467.]

5-1-1002: DANGEROUS ANIMALS:

No person keeping a dog or other animal known by them to be vicious or dangerous shall allow the same to run at large or 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. [Formerly numbered Section 6-82; renumbered by Ord. No. 3058, eff. 2/21/87; 2467.]

ARTICLE 11. PUBLIC NUISANCE

5-1-1101: ANIMALS CAUSING HAZARD:

No animal shall be allowed to cause or to constitute a hazard or menace to the health, peace or safety of the community. [Added by Ord. No. 2467; formerly numbered Section 6-83; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-1-1102: DOGS CREATING NUISANCE IN PUBLIC PARKS AND ON SIDEWALKS, ETC.:

No person owning or having custody or control of any dog shall knowingly or through failure to exercise due care or control permit such dog to defecate or commit any other nuisance and allow such nuisance to thereafter remain in any public park, upon the sidewalk or parkway of any street, or upon any private property which is improved or occupied, without the consent of the owner or person in lawful occupation thereof. [Formerly numbered Section 6-84; renumbered by Ord. No. 3058, eff. 2/21/87; 2728, 2467.]

5-1-1103: TYING ANIMAL TO TREE OR SHRUB IN PUBLIC PLACE:

No person shall hitch or tie a horse or other animal to a tree or shrub in any street or other public place so as to interfere with pedestrian or vehicular traffic. [Added by Ord. No. 2467; formerly numbered Section 6-85; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-1-1104: USE OF SIDEWALK OR PARKWAY:

No person shall ride, drive, lead, guide or otherwise conduct any horse or animal other than a dog upon any public sidewalk or parkway except to proceed by the shortest route to the traveled portion of the roadway. [Added by Ord. No. 2467; formerly numbered Section 6-86; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-1-1105: DISPOSAL OF DEAD ANIMALS¹⁶:

No person shall place all or any part of the body of a dead animal in any street or other public place or in any garbage or waste matter receptacle. [Added by Ord. No. 2467; formerly numbered Section 6-87; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-1-1106: NUISANCES AT COMMERCIAL STABLES¹⁷:

It shall be unlawful for the owner or operator of any commercial stable to make any unnecessary noises, sounds or vibrations either of a continuing or of an intermittent nature, or produce, cause or emit any dust, fumes, odors or vapors which are annoying to persons of ordinary sensitivity or which are so harsh or so prolonged or unnatural or unusual in their intensity, time or place of occurrence as to cause discomfort to the surrounding inhabitants. [Added by Ord. No. 2467; formerly numbered Section 6-88; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-1-1107: FEEDING OF COYOTES PROHIBITED:

A. Feeding Prohibited: No person shall feed or in any manner provide food for one or more nondomesticated mammalian predators, including, but not limited to, coyotes, raccoons, foxes and possums.

B. Exceptions: This section shall not apply in any of the following instances:

1. Where the person is the owner of such nondomesticated predator and such predator is kept under valid certificate or permit issued by the State of California Department of Fish and Game;

2. Where the person provides food for a trapped, injured or unweaned, nondomesticated predator between the time the agency in charge of animal control is notified and such predator is picked up by said agency.

C. Violation: A violation of this section shall be an infraction. [Added by Ord. No. 2838; formerly numbered Section 20-210, renumbered and relocated by Ord. No. 3276, eff. 11/16/91; 3058.]

5-1-1108: FEEDING OF PIGEONS SO AS TO CREATE A PUBLIC NUISANCE PROHIBITED:

A. No person shall feed or in any manner provide food for one or more pigeons in such a manner as to create a public nuisance.

B. This section does not apply where the person is the owner of the pigeon or pigeons being fed, and such feeding takes place in an enclosed area on the owner’s property.

C. A violation of this section shall be an infraction. [Added by Ord. No. 3276, eff. 11/16/91.]

ARTICLE 12. KENNELS

DIVISION 1. LICENSES AND PERMITS

5-1-1201: LICENSE FEE:

Every person engaging in the business of operating a kennel shall pay a license fee as stated in the Burbank Fee Resolution. [Formerly numbered Section 6-89; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3836, eff. 3/8/13; 2467.]

5-1-1202: PERMIT REQUIRED; DURATION:

No one shall engage in the operation of a kennel without first obtaining a permit so to do from the Community Development Department. Permits shall be issued and may be renewed for periods not to exceed one year. [Formerly numbered Section 6-90; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3828, eff. 8/24/12; 2975, 2467.]

5-1-1203: APPLICATION PERMIT; DOGS REGISTERED OR EXEMPTED NOT COUNTED IN COMPUTING FEE:

A. Applicants for such permit shall pay a permit fee as stated in the Burbank Fee Resolution.

B. Dogs which are duly registered under Article 5 of this chapter, or excepted therefrom, shall not be counted in computing the number of dogs in a kennel provided an affidavit is furnished with the application for a permit stating the number of registered or exempted dogs in the kennel and registration or description of each. [Formerly numbered Section 6-91; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3836, eff. 3/8/13; 2467.]

5-1-1204: APPROVAL OF APPLICATION:

Application for all original licenses and permits hereunder or renewal thereof shall be referred to the Animal Shelter Superintendent, the Community Development Director and the Los Angeles County Department of Public Health for approval and such investigation as they deem proper. The Community Development Department shall issue a permit to the applicant after such investigation if it is found that:

A. 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 regulation or ordinance of this City, or any law of the State of California; and

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

C. All interior and exterior kennels are maintained in a good state of repair; and

D. Crates and boxes, junked automobile bodies, scrap materials salvaged from ply boards, odd pieces of materials such as linoleum, tin, canvas and similar materials are not being used for kennel construction; and

E. The applicant has not had a permit issued under this article revoked within one year prior to the application; and

F. The kennel is at least one hundred feet (100') from the nearest boundary of any church, school, rest home, hospital, medical center or food establishment. [Formerly numbered Section 6-92; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3836, eff. 3/8/13; 3828, 2467.]

5-1-1205: DENIAL OF PERMIT; REVOCATION OR SUSPENSION; PROCEDURE:

Any permit may be denied or any permit issued hereunder may be revoked or suspended if after due investigation it is found that:

A. The permittee, or their agent or employee involved in handling or caring for the animals has been convicted of any offense involving the violation of Section 597 of the State Penal Code or of any provision of this article and has not had the accusation dismissed pursuant to Section 1203.4 of the State Penal Code; or

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

C. The permittee, their agent, or employee, has failed to maintain the premises in a clean and sanitary condition; or

D. The permittee, their agent, or employee, has violated any rule or regulation of the Burbank Animal Shelter, the Community Development Department or the Los Angeles County Department of Public Health; or

E. The licensee, their agent or employee has violated any provision of this Article, the Polanco-Lockyer Pet Breeder Warranty Act, the Animal Welfare Act or any state or federal law pertaining to animal cruelty. The licensee shall report to the Community Development Department any no contest pleas or convictions pertaining to animal cruelty involving any of their employees that occur during the time they are employed by licensee. [Formerly numbered Section 6-93; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3836, eff. 3/8/13; 2467.]

DIVISION 2. KENNEL FACILITIES AND RUNS

5-1-1206: CONSTRUCTION AND MAINTENANCE:

Housing facilities and runs for animals in kennels shall comply with the following requirements:

A. Exterior walls of buildings shall be stucco or concrete block.

B. Floors of buildings and runs shall be concrete.

C. Interior walls of buildings shall be waterproofed or constructed of a waterproof material.

D. Buildings shall be structurally sound and maintained in good repair.

E. Interior surfaces of buildings shall be constructed and maintained so that they are substantially impervious to moisture and may be readily sanitized.

F. Premises shall be so maintained as to protect the animals from injury, keep them from escaping and restrict the entrance of other animals. [Added by Ord. No. 2467; formerly numbered Section 6-94; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-1-1207: ADDITIONAL REQUIREMENTS FOR DOG KENNELS:

Housing facilities and runs for dogs in kennels shall comply with the following additional requirements:

A. Facilities shall be washed down daily.

B. Interior and exterior kennel floors accessible to dogs shall be adequately sloped so as to drain into a cement trough, with trapped and vented drains that are connected to the public sewer or a private sewage disposal system, as approved by the Community Development Department, for the disposal of animal droppings, so that under no condition shall waste material drain onto public rights of way, adjoining properties or other portions of the kennel premises.

C. There shall be sufficient runs to accommodate all dogs at the same time.

D. In addition to any other requirements of this code, all new construction must have the prior approval of the Community Development Department, Animal Shelter Superintendent and the Los Angeles County Department of Public Health. [Added by Ord. No. 2467; formerly numbered Section 6-95; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3836, eff. 3/8/13.]

5-1-1208: SLEEPING FACILITIES FOR DOGS:

Each individual indoor sleeping facility for dogs shall contain a minimum of fourteen (14) square feet (3'6" x 4') per standard, nine (9) square feet (3' x 3') per medium, and four (4) square feet (2' x 2') per small size dog. [Added by Ord. No. 2467; formerly numbered Section 6-96; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-1-1209: HEATING:

Rooms and buildings for animals in kennels shall be sufficiently heated as may be necessary to protect the animals from cold and to provide for their health and comfort. The ambient temperature shall not be allowed to fall below sixty degrees Fahrenheit (60 F) for animals not acclimated to lower temperatures. [Added by Ord. No. 2467; formerly numbered Section 6-97; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-1-1210: VENTILATION:

Rooms and buildings for animals in kennels shall be adequately ventilated to provide for the health and comfort of the animals. Fresh air shall be provided by means of windows, doors, vents, or air conditioning and the building shall be ventilated so as to minimize drafts, odors, and moisture condensation. Auxiliary ventilation, such as exhaust fans and vents or air conditioning, shall be provided when the ambient temperature is ninety degrees Fahrenheit (90 F) or higher. [Added by Ord. No. 2467; formerly numbered Section 6-98; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-1-1211: LIGHTING:

Rooms and buildings for animals in kennels shall be provided with ample light by natural or artificial means, or both, of good quality and well distributed. The lighting shall provide uniformly distributed illumination of sufficient light intensity to permit routine inspection and cleaning during the entire working period. [Added by Ord. No. 2467; formerly numbered Section 6-99; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-1-1212: DRAINAGE:

Rooms and buildings for animals in kennels shall be provided with suitable means to rapidly eliminate excess water. If drains are used, they shall be properly constructed and kept in good repair to avoid foul odors therefrom. If closed drainage systems are used, they shall be equipped with traps and so installed as to prevent any backup of sewage onto the floor of the room. Under no condition shall animal droppings or other waste material be drained so as to be deposited on public rights of way, adjoining properties or other portions of the kennel premises. [Added by Ord. No. 2467; formerly numbered Section 6-100; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-1-1213: EXTERIOR BOUNDARIES OF RUNS:

Exterior boundaries of kennel runs shall be enclosed by a fence constructed of solid masonry, solid wood treated with acid resistant paint, heavy duty galvanized sheeting, or any combination of these products, except that the upper half may be constructed of chainlink fence. [Added by Ord. No. 2467; formerly numbered Section 6-101; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-1-1214: OUTDOOR RUNS FOR DOGS:

Each individual outdoor run for a dog shall contain a minimum of twenty eight (28) square feet (3'6" x 8') per standard, twenty four (24) square feet (3' x 8') per medium, and sixteen (16) square feet (2' x 8') per small size dog. [Added by Ord. No. 2467; formerly numbered Section 6-102; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-1-1215: EXEMPTION FOR NONCOMMERCIAL KENNELS:

Noncommercial kennels in existence on the effective date of this article need not comply with subsections 5-1-1206A, B and C, 5-1-1207B and C, and sections 5-1-1209, 5-1-1211, 5-1-1212 and 5-1-1213 of this article if:

A. All animals on the premises are registered as required by Article 5 of this chapter; and

B. No new animals are added to the kennel. [Added by Ord. No. 2467; formerly numbered Section 6-103; renumbered by Ord. No. 3058, eff. 2/21/87.]

DIVISION 3. PRIMARY ENCLOSURES

5-1-1216: GENERAL REQUIREMENTS:

Primary enclosures in kennels shall be:

A. Structurally sound and maintained in good repair to protect the animals from injury, to contain them, and to keep predators out;

B. Constructed and maintained so as to enable the animals to remain dry and clean;

C. Constructed and maintained so that the animals have convenient access to clean food and water; and

D. Constructed so that the floors protect the animals’ feet and legs from injury and provide dogs with a rest board, floormat, or similar device that is at least equal to 50 percent in size of the minimum square footage of floor space in a primary enclosure as specified in Section 5-1-1219 that can be maintained in a sanitary condition. [Added by Ord. No. 2467; formerly numbered Section 6-104; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3836, eff. 3/8/13.]

5-1-1217: ADDITIONAL REQUIREMENTS FOR CATS:

When used for cats, primary enclosures in a kennel shall be provided with:

A. A receptacle containing sufficient clean litter for excreta if the floor is solid, and

B. A solid resting surface or surfaces which, in the aggregate, shall be of adequate size to comfortably hold all occupants of the primary enclosure at the same time. In primary enclosures housing two (2) or more cats, such resting surface or surfaces shall be elevated. [Added by Ord. No. 2467; formerly numbered Section 6-105; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-1-1218: SPACE REQUIREMENTS GENERALLY:

Primary enclosures in kennels shall be constructed and maintained so as to provide sufficient space to allow each animal to turn about freely and to easily stand, sit and lie in a comfortable, normal position. [Added by Ord. No. 2467; formerly numbered Section 6-106; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-1-1219: SPACE REQUIREMENTS FOR DOGS:

Each dog housed in a primary enclosure in a kennel shall be provided a minimum square footage of floor space equal to the mathematical square of the sum of the length of the dog in inches, as measured from the tip of its nose to the base of its tail, plus twelve inches (12"), expressed in square feet. The calculation is: (length of dog in inches + 12) x (length of dog in inches + 12) = required floor space in square inches. Required floor space in inches/144 = required floor space in square feet. [Added by Ord. No. 2467; formerly numbered Section 6-107; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3836, eff. 3/8/13.]

5-1-1220: CAGED DOGS TO BE REMOVED FOR EXERCISE:

Caged dogs in kennels shall be removed from their cages at least twice a day for a minimum of thirty (30) minutes each and placed in a kennel run which meets the minimum requirements for each animal occupying the run, except with respect to dogs being confined for veterinary care. During inclement weather, dogs need not be released into open runs. [Added by Ord. No. 2467; formerly numbered Section 6-108; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3836, eff. 3/8/13.]

5-1-1221: SPACE REQUIREMENTS FOR CATS:

Each adult cat in a kennel housed in a primary enclosure shall be provided a minimum of three and one-half (31/2) square feet of floor space. [Added by Ord. No. 2467; formerly numbered Section 6-109; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-1-1222: PROTECTION FROM EXCESSIVE ILLUMINATION:

Primary enclosures in kennels shall be so placed as to protect the animals from excessive illumination. [Added by Ord. No. 2467; formerly numbered Section 6-110; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-1-1223: CLASS AND SEPARATION:

Animals housed in the same primary enclosure in a kennel shall be maintained in compatible groups, with the following additional restrictions.

A. Females in season (estrus) shall not be housed in the same primary enclosure with males.

B. Any dog or cat exhibiting a vicious disposition shall be housed individually in a primary enclosure.

C. Puppies or kittens shall not be housed in the same primary enclosure with adult dogs or cats other than their dams.

D. Dogs shall not be housed in the same primary enclosure with cats, nor shall dogs or cats be housed in the same primary enclosure with any other species of animals.

E. Dogs or cats under quarantine, displaying symptoms of or under treatment for a communicable disease, shall be separated from other dogs or cats and other susceptible species of animals in such a manner as to preclude dissemination of the disease.

F. Animals other than those from the same household shall not be housed together. [Added by Ord. No. 2467; formerly numbered Section 6-111; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-1-1224: SANITATION:

A. Cleaning: Primary enclosures in kennels shall be washed down daily and excreta shall be removed as often as is necessary to prevent contamination of the animals kept therein and to reduce disease hazards and odors. When a hosing or flushing method is used to clean a cage, any animal contained therein shall be removed from the enclosure during the cleaning process, and adequate measures shall be taken to protect animals in other enclosures from being contaminated with the water and other wastes.

B. Sanitation: Primary enclosures in a kennel shall be sanitized at least once every two (2) weeks and often enough to prevent an accumulation of debris, excreta, and other disease hazards and to prevent or eliminate flies, rodents and odors. Cages, rooms and hard surfaced pens or runs shall be sanitized by washing them with hot water one hundred twenty degrees Fahrenheit (120 F) and soap or detergent in a mechanical cage washer, or by washing all surfaces with a detergent solution followed by a safe and suitable chemical disinfectant, or by cleaning all surfaces with live steam. Pens or exercise areas other than runs using gravel, sand, or dirt shall be sanitized by removing the soiled gravel, sand, or dirt and replacing it as necessary. [Added by Ord. No. 2467; formerly numbered Section 6-112; renumbered by Ord. No. 3058, eff. 2/21/87.]

DIVISION 4. OUTDOOR PROTECTION

5-1-1225: SUNLIGHT:

When sunlight is likely to cause overheating or discomfort to animals kept outdoors in a kennel, sufficient shade shall be provided to allow the animals to protect themselves from the direct rays of the sun. [Added by Ord. No. 2467; formerly numbered Section 6-113; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-1-1226: RAIN, ETC.:

Animals kept outdoors in a kennel shall be provided with access to a shelter to allow them to remain dry during rain or other inclement weather. [Added by Ord. No. 2467; formerly numbered Section 6-114; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-1-1227: COLD:

Animals kept outdoors in a kennel shall be provided with access to a shelter to allow them to remain warm when the atmospheric temperature falls below sixty degrees Fahrenheit (60 F). Sufficient clean bedding material or other means of protection from the cold shall be provided for dogs and cats when the ambient temperature falls below that temperature to which such animals are acclimated. [Added by Ord. No. 2467; formerly numbered Section 6-115; renumbered by Ord. No. 3058, eff. 2/21/87.]

DIVISION 5. FOOD AND WATER

5-1-1228: FOOD:

Animals in kennels shall be fed at least once each day except as may otherwise be required to provide adequate veterinary care. The food shall not include carcasses of dead animals and shall be unspoiled, free from contamination, wholesome, palatable, and of sufficient quantity and nutritive value to meet the normal daily requirements for the condition and size of the animal being fed. [Added by Ord. No. 2467; formerly numbered Section 6-116; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-1-1229: FOOD PREPARATION AND RECEPTACLES:

Food preparation areas in a kennel shall be kept clean and free from flies and rodents, and food receptacles shall be accessible to each animal and shall be sanitized at least once every two (2) weeks and located so as to minimize contamination by excreta. Feeding pans shall be durable and kept clean. 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, caking of feed and attraction of insects. [Added by Ord. No. 2467; formerly numbered 6-117; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-1-1230: FOOD STORAGE; REFRIGERATION:

Food supplies in kennels shall be kept covered and stored so as to be adequately protected against infestation or contamination by vermin. Refrigeration shall be provided for perishable food. [Added by Ord. No. 2467; formerly numbered Section 6-118; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-1-1231: WATER:

An adequate supply of fresh water shall be accessible to animals in a kennel at all times, except as may otherwise be required to provide adequate veterinary care. Water receptacles shall be kept clean and shall be sanitized at least once every two (2) weeks. [Added by Ord. No. 2467; formerly numbered Section 6-119; renumbered by Ord. No. 3058, eff. 2/21/87.]

DIVISION 6. VETERINARY CARE

5-1-1232: DAILY OBSERVATION:

Each animal in a kennel shall be observed daily by the animal caretaker in charge, or by someone under their direct supervision. Sick, diseased, or injured animals shall be provided with veterinary care without delay or humanely disposed of unless the animal is being used for research and such action is inconsistent with the research purposes for which the animal was obtained and is being held. [Added by Ord. No. 2467; formerly numbered Section 6-120; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3836, eff. 3/8/13.]

5-1-1233: PROGRAM OF CARE¹⁸:

A program of disease control and prevention, euthanasia, and adequate veterinary care shall be established and maintained by all kennel owners under the supervision and assistance of a person licensed to practice veterinary medicine in the State. [Added by Ord. No. 2467; formerly numbered Section 6-121; renumbered by Ord. No. 3058, eff. 2/21/87.]

DIVISION 7. MISCELLANEOUS

5-1-1234: CATS TO BE CONFINED:

Every person owning or operating a cat kennel shall keep the cats therein confined to the premises and not allow such cats to run at large. [Added by Ord. No. 2467; formerly numbered Section 6-122; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-1-1235: HOUSEKEEPING:

All buildings and grounds in a kennel shall be kept clean and free of accumulations of trash and maintained in a sanitary manner so as to prevent or eliminate flies, rodents and odors. [Added by Ord. No. 2467; formerly numbered Section 6-123; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-1-1236: FACILITIES FOR CARETAKERS:

Every kennel shall provide facilities, such as washrooms, basins, or sinks, to maintain cleanliness among animal caretakers. [Added by Ord. No. 2467; formerly numbered Section 6-124; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-1-1237: DRAINAGE OF PREMISES:

Suitable drainage shall be provided on the grounds of every kennel to rapidly eliminate excess water. [Added by Ord. No. 2467; formerly numbered Section 6-125; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-1-1238: PEST CONTROL:

An effective program for the control of insects, ectoparasites, and avian and mammalian pests shall be established and maintained at every kennel. [Added by Ord. No. 2467; formerly numbered Section 6-126; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-1-1239: DEAD ANIMALS¹⁹:

Dead animals shall be promptly removed from a kennel and a record shall be maintained as to the number, type of animal, and apparent cause of death. [Added by Ord. No. 2467; formerly numbered Section 6-127; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-1-1240: WASTE DISPOSAL:

Provisions shall be made at every kennel for the removal and disposal of animal and food wastes, bedding and debris. Disposal facilities shall be provided and operated so as to minimize vermin infestation, odors, and disease. [Added by Ord. No. 2467; formerly numbered Section 6-128; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-1-1241: RECORDS:

Every operator shall maintain records on each animal kept in the kennels. Such records shall be readily available for inspection by the Animal Shelter Superintendent and City Health Officer or their representatives and shall show: the name, current address and telephone number of the owner of the animal, the date the animal entered the kennel, the reason for its being in the kennel, i.e., boarding, sale, breeding, grooming, etc., and the description of the animal (age, breed, sex, color, etc.). On any dog over four (4) months of age, the operator shall verify that there is a valid rabies certificate issued for such dog and shall record the certificate/tag number and the expiration date upon the dog’s record, as long as the dog is maintained in the kennel. [Added by Ord. No. 2467; formerly numbered Section 6-129; renumbered by Ord. No. 3058, eff. 2/21/87.]

DIVISION 8. BREEDING GUIDELINES

5-1-1242: GENERAL:

In addition to the other requirements listed in this Article, kennels acting as breeding facilities, and breeders who raise and sell animals either at wholesale or retail shall comply with the following requirements in this Division. [Added by Ord. No. 3836, eff. 3/8/13.]

5-1-1243: HEALTH OF BREEDING DOGS AND CATS:

A. Litters should only be produced with a reasonable expectation of finding homes where they are both wanted and appreciated, and are offered a good quality of life.

B. A dog or cat must be physically fit, healthy and free of disease at the time of being mated. Animals shall have routine and preventive veterinary care including examination once yearly by a licensed veterinarian.

C. A female unaltered dog shall not be bred during her first estrus season and shall not be bred on consecutive heats. Breeders should consider the welfare of their breeding sires and dams when deciding on the best time to cease breeding their animals.

D. Offspring shall not be removed from the mother and the premises earlier than eight (8) weeks of age except for medical reasons ordered by a licensed veterinarian. The order shall be in writing, state the medical reason for the early separation and be provided upon request. [Added by Ord. No. 3836, eff. 3/8/13.]

5-1-1244: EXERCISE AND SOCIALIZATION:

A. Persons shall ensure that each animal that is weaned has access to locomotory activity; this activity should allow for an animal to move sufficiently to develop and/or maintain normal muscle tone and mass as pertinent for the age, breed, sex and reproductive status of the animal. Provisions for locomotory activity should also allow the animal an opportunity to achieve a running stride.

B. The provided area for locomotion should be separate from the primary enclosure if the primary enclosure does not allow for fulfillment of adequate locomotion enrichment and social activities. The run shall meet the requirements of this Article.

C. Animals shall be provided with daily socialization. For the purpose of this Article, “socialization” means physical contact with other compatible animals of the same species and with human beings. [Added by Ord. No. 3836, eff. 3/8/13.]

5-1-1245: HOUSING:

A. The facility may not house more dogs than the space will allow. At the time of permit application, staff will verify amount of room available for primary enclosures, facilities for breeding and/or whelping and exercise facilities to determine how many animals can be properly accommodated.

B. The primary enclosure shall provide 100 percent of the required space for each animal if maintained separately.

C. Each pregnant animal shall be housed separately at least three (3) days before giving birth and be monitored at reasonable intervals. An animal that has just given birth shall be provided with a whelping box or contained nesting area and housed with her litter in their own enclosure until the newborns are weaned. The box or nesting area shall be designed in a manner that maintains an appropriate temperature for the litter.

D. Animals may not be primarily housed on wire flooring and shall be provided with a rest board, floormat, or similar device that is at least equal to 50 percent in size of the minimum square footage of floor space in a primary enclosure as specified in Section 5-1-1219 that can be maintained in a sanitary condition.

E. The primary enclosure shall provide an area of retreat for the animal in the form of bedding, a built-in platform or visual barrier that allows rest and retreat.

F. Stacked cages shall have permanent solid flooring strong enough that the floor does not sag or bend between the frame or structural supports. The floor of any cage or primary enclosure may not be placed such that it inhibits the ability of caretakers or inspectors to see and check on the well-being of the animal or clean the enclosure, or otherwise hinders proper care of the animal. [Added by Ord. No. 3836, eff. 3/8/13.]

5-1-1246: BREEDING RECORDS:

A. Each licensee shall identify each dog or cat in its control or custody as prescribed by state and federal law.

B. Licensees shall maintain accurate records for at least one year as stated in Section 5-1-1241 and shall also record information on breeding dates, whelping dates, number of puppies per litter, sire for each litter and microchip or other identification number carried by or appearing on the animals. Records shall be provided to the City upon request. [Added by Ord. No. 3836, eff. 3/8/13.]

5-1-1247: STAFFING/EMERGENCY PROCEDURES:

A. An adequate number of trained staff must be provided to ensure appropriate upkeep of the facility and that all minimum care requirements for the dogs can be met. An animal facility shall have adequate staffing on the premises of the animal facility to attend to the dogs at least eight (8) hours in every twenty-four (24) hour period, so long as the dogs are not left unattended for longer than twelve (12) continuous hours. Whenever the dogs are left unattended, the name, telephone number and address of the responsible person shall be posted in a conspicuous place at the front of the property.

B. Each facility must have a documented procedure for the swift removal of animals from the facility, in the case of emergency. This document must be kept at the facility and all staff must be able to produce the document and must be familiar with its content. Commercial dog or cat kennels providing boarding facilities shall provide 24-hour supervision on the premises. In lieu of 24-hour supervision, a central station signaling system shall be installed whereby a responsible party can be contacted immediately upon detection of fire. [Added by Ord. No. 3836, eff. 3/8/13.]

ARTICLE 13. HORSE STABLES

DIVISION 1. GENERAL PROVISIONS²⁰

5-1-1301: USE OF STABLES FOR HUMAN HABITATION:

No person shall sleep, prepare meals, or reside in a horse stable or attached accessory structure that does not comply with the requirements set forth in Title 9 of this code. [Added by Ord. No. 2467; formerly numbered Section 6-130; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-1-1302: STABLE AREAS TO BE KEPT FREE OF STANDING WATER:

All areas used in connection with the keeping of horses shall be kept free of standing water. [Added by Ord. No. 2467; formerly numbered Section 6-131; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-1-1303: KEEPING OF MANURE:

No person shall keep any manure within twenty feet (20') of any window or door of any inhabited structure, or within one hundred feet (100') of any church, school, hospital or place where food products are kept, stored, manufactured or served to the public. [Added by Ord. No. 2467; formerly numbered Section 6-132; renumbered by Ord. No. 3058, eff.2/21/87; 2962.]

5-1-1304: MANURE BINS AND REMOVAL OF MANURE:

Every person owning or occupying premises where manure accumulates shall provide for the removal of such manure daily. Unless all manure accumulated on any premises be removed daily, boxes, bins or receptacles of a design and construction acceptable to the Health Officer shall be provided by the owner or occupant of such premises. Such boxes, bins or receptacles shall be used only for the purpose of containing the accumulation of manure, and shall be kept tightly closed at all times except when manure shall be placed therein or removed therefrom. In no instance shall manure be so placed in such boxes or receptacles in such a manner as to prevent the tight closing of the lid; provided, however, that nothing contained herein shall apply to manure which is spread as fertilizer over or around cultivated plants, vines, vegetables, lawns, bushes, shrubs or trees, or to manure kept by any nursery for commercial fertilizer purposes, unless such manure creates a nuisance either from fly breeding or excessive obnoxious odors. Said boxes, bins or receptacles shall be constructed of brick, stone, concrete, metal, or wood lined with metal or other sound material, and shall be guarded against access to the contents thereof by flies. The contents of said boxes, bins or receptacles shall be removed once a week. [Formerly numbered Section 6-133; renumbered by Ord. No. 3058, eff. 2/21/87; 2467.]

5-1-1305: HEALTH OFFICER MAY ORDER STABLES AND MANURE BINS CLEANED AND DISINFECTED:

No person who is ordered by the City Health Officer to clean or disinfect any horse stable or box, bin or receptacle used for the accumulation of manure shall fail, neglect or refuse to do so. [Added by Ord. No. 2467; formerly numbered Section 6-134; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-1-1306: HORSES KEPT STANDING IN TIE STALLS:

No horse shall be kept standing in a tie stall that is less than four feet by eight feet (4' x 8'). [Added by Ord. No. 2467; formerly numbered Section 6-135; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-1-1307: HORSES TO BE EXERCISED:

Horses confined to stalls shall be removed at least twice a week and exercised in accordance with their individual need. [Added by Ord. No. 2467; formerly numbered Section 6-136; renumbered by Ord. No. 3058, eff. 2/21/87.]

DIVISION 2. COMMERCIAL STABLES²¹

5-1-1308: LOT AREA PER HORSE:

Wherever horses are kept for commercial purposes, a minimum of five hundred (500) square feet of lot area shall be provided for each horse, except that additional horses may be kept, if completely enclosed individual box stalls with minimum dimensions of eight feet (8') in width and twelve feet (12') in length are provided for each additional horse but in no case shall there be more than one horse per four hundred (400) square feet of lot area. [Added by Ord. No. 2467; formerly numbered Section 6-137; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-1-1309: PUBLIC SANITARY FACILITIES²²:

Every commercial stable, or portion thereof, where the public is served shall be provided with a minimum of one toilet for each sex, in separate rooms, located so as to be reasonably convenient to the public. [Added by Ord. No. 2467; formerly numbered Section 6-138; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-1-1310: EXITS:

Each building or enclosure used in connection with the keeping of ten (10) or more horses for commercial purposes shall have at least two (2) exits of a minimum width of eight feet (8') each, placed at a distance apart equal to not less than one-fifth (1/5) of the perimeter of the area served. [Added by Ord. No. 2467; formerly numbered Section 6-139; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-1-1311: SMOKING PROHIBITED; SIGNS TO BE POSTED:

Smoking is prohibited in commercial stables within any structure housing horses and in any structure or area used for the storage of feed and grain. There shall be posted in a conspicuous place at all points of ingress to such structure or area, a sign stating “SMOKING PROHIBITED”. Such signs shall be easily readable and the stable operator shall be responsible for compliance. [Added by Ord. No. 2467; formerly numbered Section 6-140; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-1-1312: FENCES AND GATES:

That portion of a commercial stable used for horses shall be completely enclosed with a fence and gates or other exits having a minimum height of six feet (6') and capable of supporting a force of one hundred fifty (150) pounds per foot with the load applied three feet (3') from the ground surface. Gates shall be equipped with locks, latches, or other hardware capable of holding gates in a closed position. Horizontal intermediate members in open type railings shall be spaced not more than two and one-half feet (21/2') apart. [Added by Ord. No. 2467; formerly numbered Section 6-141; renumbered by Ord. No. 3058, eff. 2/21/87.]

ARTICLE 14. PET SHOPS²³

DIVISION 1. LICENSES AND PERMITS

5-1-1401: LICENSE FEE:

Every person engaging in the business of operating a pet shop shall pay a license fee as stated in the Burbank Fee Resolution. [Added by Ord. No. 2467; formerly numbered Section 6-142; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3836, eff. 3/8/13.]

5-1-1402: PERMIT:

No person shall engage in the business of operating a pet shop without first obtaining a permit to do so from the Community Development Department. [Added by Ord. No. 2467; formerly numbered Section 6-143; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3828, eff. 8/24/12.]

5-1-1403: PERMIT FEE BASED ON NUMBER OF DOGS:

Applications for such permit shall be accompanied by a permit fee as stated in the Burbank Fee Resolution. [Added by Ord. No. 2467; formerly numbered Section 6-144; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3836, eff. 3/8/13.]

5-1-1404: APPROVAL OF APPLICATION:

Applications for such permit shall be referred to the Animal Shelter Superintendent, the Building Director, and the City Health Officer for approval. [Added by Ord. No. 2467; formerly numbered Section 6-145; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-1-1405: GRANTING PERMIT:

The Community Development Department shall issue a permit to the applicant if it is found that:

B. The premises and establishment where animals are to be kept is in a clean, sanitary and safe condition;

C. The animals will not be subjected to suffering, cruelty or abuse;

D. The interior and exterior of the pet shop is in a good state of repair;

E. Crates and boxes, junked automobile bodies, scrap materials salvaged from ply boards, odd pieces of materials such as linoleum, tin, canvas, and similar materials are not being used for pet shop construction; and

F. The applicant has not had a permit issued under this article revoked within one year prior to filing the application. [Added by Ord. No. 2467; formerly numbered Section 6-146; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3828, eff. 8/24/12.]

5-1-1406: DURATION OF PERMIT:

Permits shall be issued for periods of not to exceed one year. [Added by Ord. No. 2467; formerly numbered Section 6-147; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-1-1407: GROUNDS FOR DENIAL OR REVOCATION OF PERMIT:

Any permit may be denied, revoked or suspended if after due investigation it is found that:

A. The permittee, or their agent or employee involved in handling or caring for animals has been convicted of any offense involving the violation of Section 597 of the State Penal Code or of any provision of this article and has not had the accusation dismissed pursuant to Section 1203.4 of the State Penal Code;

B. The permittee, their agent, or employee has failed to maintain the premises in a clean and sanitary condition;

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

D. The permittee, their agent, or employee, has violated any rule, regulation or standard of this article, the Animal Shelter Superintendent, the Building Department or the City Health Officer. [Added by Ord. No. 2467; formerly numbered Section 6-148; renumbered by Ord. No. 3058, eff. 2/21/87.]

DIVISION 2. PET SHOP BUILDINGS

5-1-1408: FACILITIES FOR HOUSING ANIMALS:

Facilities for housing animals in pet shops shall comply with the following requirements:

A. The building in which the pet shop is located shall be structurally sound and maintained in good repair.

B. The interior surfaces of the pet shop shall be constructed and maintained so that they are substantially impervious to moisture and may be readily sanitized.

C. The pet shop shall be sufficiently heated to protect the animals from cold and to provide for their health and comfort. The ambient temperature shall not be allowed to fall below sixty degrees Fahrenheit (60 F) for animals not acclimated to lower temperatures.

D. The pet shop shall be adequately ventilated to provide for the health and comfort of the animals. Fresh air shall be provided by means of windows, doors, vents, or air conditioning and the building shall be ventilated so as to minimize drafts, odors, and moisture condensation. Auxiliary ventilation, such as exhaust fans and vents or air conditioning, shall be provided when the ambient temperature is ninety degrees Fahrenheit (90 F) or higher.

E. The pet shop shall be provided with ample light by natural or artificial means, or both, of good quality and well distributed. The lighting shall provide uniformly distributed illumination of sufficient light intensity to permit routine inspection and cleaning during the entire working period.

F. The pet shop shall be provided with suitable means to rapidly eliminate excess water. If drains are used, they shall be properly constructed and kept in good repair to avoid foul odors therefrom. If closed drainage systems are used, they shall be equipped with traps and so installed as to prevent any backup of sewage onto the floor of the room. Under no condition shall animal droppings or other waste material be drained so as to be deposited on public rights of way, adjoining properties or other portions of the kennel premises. [Added by Ord. No. 2467; formerly numbered Section 6-149; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-1-1409: SLEEPING FACILITIES FOR DOGS:

DIVISION 3. PRIMARY ENCLOSURES

5-1-1410: DEFINITION:

As used in this article, “primary enclosure” means that portion of a pet shop in which an animal spends most of their time. [Added by Ord. No. 2467; formerly numbered Section 6-151; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-1-1411: GENERAL REQUIREMENTS:

Primary enclosures in pet shops shall be:

A. Structurally sound and maintained in good repair to protect the animals from injury, to contain them, and to keep predators out;

B. Constructed and maintained so as to enable the animals to remain dry and clean;

C. Constructed and maintained so that the animals have convenient access to clean food and water; and

D. Constructed to provide dogs housed on wired flooring with a rest board, floormat or similar device that is at least equal to 50 percent in size of the minimum square footage of floor space in a primary enclosure as specified in Section 5-1-1219 that can be maintained in a sanitary condition. [Added by Ord. No. 2467; formerly numbered Section 6-152; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3836, eff. 3/8/13.]

5-1-1412: ADDITIONAL REQUIREMENTS FOR CATS:

When used for cats, a primary enclosure in pet shops shall be provided with:

A. A receptacle containing sufficient clean litter for excreta if the floor is solid, and

5-1-1413: ADDITIONAL REQUIREMENTS FOR BIRDS:

When used for birds, a primary enclosure in pet shops shall be equipped with at least one perch. Perches in the same cage shall be placed horizontal to one another. There shall be enough perches to allow each bird in a cage to sit on a perch. [Added by Ord. No. 2467; formerly numbered Section 6-154; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-1-1414: ADDITIONAL REQUIREMENT FOR FISH:

Pet shops shall maintain water temperature in a tank for fish at a constant temperature that is healthful for the fish. [Added by Ord. No. 2467; formerly numbered Section 6-155; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-1-1415: SPACE REQUIREMENTS GENERALLY:

Primary enclosures in pet shops shall be constructed and maintained so as to provide sufficient space to allow each animal to turn about freely and to easily stand, sit, and lie in a comfortable, normal position. [Added by Ord. No. 2467; formerly numbered Section 6-156; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-1-1416: SPACE REQUIREMENTS FOR DOGS:

Each dog housed in a primary enclosure in a pet shop shall be provided a minimum square footage of floor space equal to the mathematical square of the sum of the length of the dog in inches, as measured from the tip of its nose to the base of its tail, plus six inches (6"), expressed in square feet. [Added by Ord. No. 2467; formerly numbered Section 6-157; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-1-1417: CAGED DOGS TO BE REMOVED FOR EXERCISE:

Caged dogs in pet shops shall be removed from their primary enclosure at least twice a day and placed in an area at least three (3) times the size of their enclosure for a minimum of thirty (30) minutes, except when otherwise required to provide proper veterinary care. [Added by Ord. No. 2467; formerly numbered Section 6-158; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-1-1418: SPACE REQUIREMENTS FOR CATS:

Each adult cat in a pet shop housed in a primary enclosure shall be provided a minimum of three and one-half (31/2) square feet of floor space. [Added by Ord. No. 2467; formerly numbered Section 6-159; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-1-1419: PROTECTION FROM EXCESSIVE ILLUMINATION:

Primary enclosures in pet shops shall be so placed as to protect the animals from excessive illumination. [Added by Ord. No. 2467; formerly numbered Section 6-160; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-1-1420: CLASS AND SEPARATION:

Animals housed in the same primary enclosure in a pet shop shall be maintained in compatible groups, with the following additional restrictions:

A. Females in season shall not be housed in the same primary enclosure with males.

B. Any dog or cat exhibiting a vicious disposition shall be housed individually in a primary enclosure.

C. Puppies or kittens shall not be housed in the same primary enclosure with adult dogs or cats other than their dams.

D. Dogs shall not be housed in the same primary enclosure with cats, nor shall dogs or cats be housed in the same primary enclosure with any other species of animals.

F. Animals other than those from the same household shall not be housed together.

G. Parrots and other large birds shall not be placed in the same cage with smaller birds.

H. Birds which are natural enemies, temperamentally unsuited, or otherwise incompatible, shall not be quartered together or so near each other as to cause injury, fear or torment; provided, however, that if two (2) or more birds are so trained that they can be placed together and do not attack each other, or perform or attempt any hostile act to the others, they may be quartered together or allowed near one another. [Added by Ord. No. 2467; formerly numbered Section 6-161; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-1-1421: SANITATION:

A. Cleaning: Primary enclosures in a pet shop shall be washed down daily and excreta shall be removed as often as is necessary to prevent contamination of the animals kept therein and to reduce disease hazards and odors. Bird cages shall be cleaned every day. When a hosing or flushing method is used to clean a cage, any animal contained therein shall be removed from the enclosure during the cleaning process, and adequate measures shall be taken to protect animals in other enclosures from being contaminated with the water and other wastes.

B. Sanitization: Primary enclosures in a pet shop shall be sanitized at least once every two (2) weeks and often enough to prevent an accumulation of debris, excreta, and other disease hazards and to prevent or eliminate flies, rodents and odors. Bird cages shall be disinfected when birds therein are sold. Cages, rooms and hard surfaced pens or runs shall be sanitized by washing them with hot water one hundred twenty degrees Fahrenheit (120 F) and soap or detergent in a mechanical cage washer, or by washing all surfaces with a detergent solution followed by a safe and suitable chemical disinfectant, or by cleaning all surfaces with live steam. Pens or runs using gravel, sand, or dirt shall be sanitized by removing the soiled gravel, sand, or dirt and replacing it as necessary. [Added by Ord. No. 2467; formerly numbered Section 6-162; renumbered by Ord. No. 3058, eff. 2/21/87.]

DIVISION 4. OUTDOOR PROTECTION

5-1-1422: SUNLIGHT:

When sunlight is likely to cause overheating or discomfort to animals kept outdoors at a pet shop, sufficient shade shall be provided to allow the animals to protect themselves from the direct rays of the sun. [Added by Ord. No. 2467; formerly numbered Section 6-163; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-1-1423: RAIN, ETC.:

Animals kept outdoors at a pet shop shall be provided with access to a shelter to allow them to remain dry during rain or other inclement weather. [Added by Ord. No. 2467; formerly numbered Section 6-164; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-1-1424: COLD:

Animals kept outdoors at a pet shop shall be provided with access to a shelter to allow them to remain warm when the atmospheric temperature falls below sixty degrees Fahrenheit (60 F).

Sufficient clean bedding material or other means of protection from the cold shall be provided when the ambient temperature falls below that temperature to which the animals are acclimated. [Added by Ord. No. 2467; formerly numbered Section 6-165; renumbered by Ord. No. 3058, eff. 2/21/87.]

DIVISION 5. FOOD AND WATER

5-1-1425: FOOD:

Animals in pet shops shall be fed at least once each day except as may otherwise be required to provide adequate veterinary care. The food shall not include the carcasses of dead animals and shall be unspoiled, free from contamination, wholesome, palatable, and of sufficient quantity and nutritive value to meet the normal daily requirements for the condition and size of the animal being fed. [Added by Ord. No. 2467; formerly numbered Section 6-166; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-1-1426: FOOD PREPARATION AND RECEPTACLES:

Food preparation areas in pet shops shall be kept clean and free from flies and rodents and food receptacles shall be accessible to each animal and shall be sanitized at least once every two (2) weeks and located so as to minimize contamination by excreta. Feeding pans shall be durable and kept clean. 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, caking of feed and attraction of insects. [Added by Ord. No. 2467; formerly numbered Section 6-167; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-1-1427: FOOD STORAGE; REFRIGERATION:

Food supplies in pet shops shall be kept covered and stored so as to be adequately protected against infestation or contamination by vermin. Refrigeration shall be provided for perishable food. [Added by Ord. No. 2467; formerly numbered Section 6-168; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-1-1428: WATER:

An adequate supply of fresh water shall be accessible to the animals in a pet shop at all times, except as may otherwise be required to provide adequate veterinary care. Water receptacles shall be kept clean and shall be sanitized at least once every two (2) weeks. [Added by Ord. No. 2467; formerly numbered Section 6-169; renumbered by Ord. No. 3058, eff. 2/21/87.]

DIVISION 6. VETERINARY CARE

5-1-1429: DAILY OBSERVATION:

Each animal in a pet shop shall be observed daily by the animal caretaker in charge, or by someone under their direct supervision. Sick, diseased, injured, lame, or blind animals shall be provided with veterinary care or humanely disposed of. [Added by Ord. No. 2467; formerly numbered Section 6-170; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-1-1430: PROGRAM OF CARE:

A program of disease control and prevention, euthanasia, and adequate veterinary care shall be established and maintained at all pet shops under the supervision and assistance of a person licensed to practice veterinary medicine by the State of California. [Added by Ord. No. 2467; formerly numbered Section 6-171; renumbered by Ord. No. 3058, eff. 2/21/87.]

DIVISION 7. MISCELLANEOUS

5-1-1431: ANIMALS TO BE CONFINED:

Every person owning or operating a pet shop shall keep the animals therein confined to the premises and not allow such animals to run at large. [Added by Ord. No. 2467; formerly numbered Section 6-172; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-1-1432: HOUSEKEEPING:

All buildings and grounds in a pet shop shall be kept clean and free of accumulations of trash and maintained in a sanitary manner so as to prevent or eliminate flies, rodents and odors. [Added by Ord. No. 2467; formerly numbered Section 6-173; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-1-1433: FACILITIES FOR CARETAKERS:

Every pet shop shall provide facilities, such as washrooms, basins, or sinks, to maintain cleanliness among animal caretakers. [Added by Ord. No. 2467; formerly numbered Section 6-174; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-1-1434: DRAINAGE OF PREMISES:

Suitable drainage shall be provided on the grounds of every pet shop to rapidly eliminate excess water. [Added by Ord. No. 2467; formerly numbered Section 6-175; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-1-1435: PEST CONTROL:

An effective program for the control of insects, ectoparasites, and avian and mammalian pests shall be established and maintained at every pet shop. [Added by Ord. No. 2467; formerly numbered Section 6-176; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-1-1436: DEAD ANIMALS:

Dead animals shall be promptly removed from a pet shop and a record shall be maintained as to the number, type of animal, and apparent cause of death. [Added by Ord. No. 2467; formerly numbered Section 6-177; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-1-1437: WASTE DISPOSAL:

Provisions shall be made at every pet shop for the removal and disposal of animal and food wastes, bedding and debris. Disposal facilities shall be provided and operated so as to minimize vermin infestation, odors, and disease. [Added by Ord. No. 2467; formerly numbered Section 6-178; renumbered by Ord. No. 3058, eff. 2/21/87.]

5-1-1438: RECORDS:

Every person engaging in the business of operating a pet shop shall maintain records on each dog, cat, wild animal, reptile, primate and exotic bird kept in the pet shop. Such records shall be readily available for inspection by the Animal Shelter Superintendent and City Health Officer or their representatives and shall show: the name and address of the person from whom acquired, date of acquisition, description and identification of the animal including any official tag number or tattoo number, the nature and method of disposition, e.g., sale, death or donation, any shots, medications, injuries, or medical treatment, name and address of person to whom sold or otherwise disposed of and date of disposition. [Added by Ord. No. 2467; formerly numbered Section 6-179; renumbered by Ord. No. 3058, eff. 2/21/87.]

DIVISION 8. SALE OF DOGS AND CATS

5-1-1439: PROHIBITION ON SALE OF DOGS OR CATS:

A. PROHIBITION. No pet shop shall display, sell, deliver, offer for sale, barter, auction, give away, broker or otherwise transfer or dispose of dogs or cats in the City of Burbank on or after the October 17, 2012, EXCEPT for dogs or cats obtained from:

1. a publically operated animal control facility or animal shelter;

2. a private, charitable, non-profit humane society or animal rescue organization; or

3. a publically operated animal control agency, non-profit humane society or non-profit animal rescue organization that operates out of or in connection with a pet store.

B. CERTIFICATE OF SOURCE. All pet shops shall be required to maintain a manifest listing the source of all animals as described above. Said manifest will be available upon request to animal control officers, law enforcement, code compliance officials or any other City employee charged with enforcing the provisions of this section, and shall also be submitted with any business permit application or renewal required by Section 5-1-402, et.seq. Failure to provide such documentation may result in the denial, suspension or revocation of the permit.

C. EXEMPTIONS FOR EXISTING PET SHOPS. Any Existing Pet Shop may continue to display, sell, deliver, offer for sale, barter, auction, give away or otherwise transfer or dispose of commercially bred dogs or cats for a period of six months from the effective date of this ordinance (through September 7, 2013), as long as the business remains in its current location AND under current ownership, provided all of the following conditions are met:

1. None of the animals are purchased through a distributor or broker;

2. All animals shall come from a USDA Class A licensed breeder who, at a minimum, meets all standards required under California law, including, but not limited to, the Polanco-Lockyer Pet Breeder Warranty Act; and

3. The name, address and license number of the breeder shall be posted on any enclosure in which the animal is housed with information on how the consumer can trace the origin of the animal;

D. OTHER EXEMPTIONS. This Section does not apply to:

1. A person or establishment other than a pet shop or pet shop operator that sells, delivers, offers for sale, barters, auctions, gives away, or otherwise transfers or disposes of only animals that were bred and reared on the premises of the person or establishment, in accordance with the provisions of the Burbank Municipal Code;

2. A publicly operated animal control facility or animal shelter;

3. A private, charitable, nonprofit humane society or animal rescue organization; or

4. A publicly operated animal control agency, nonprofit humane society, or nonprofit animal rescue organization that operates out of or in connection with a pet store.

E. ADOPTION OF SHELTER AND RESCUE ANIMALS. Nothing in this Article shall prevent a pet shop or its owner, operator or employees from providing space and appropriate care for animals owned by a publicly operated animal control agency, nonprofit humane society, or nonprofit animal rescue agency and maintained at the pet shop for the purpose of adopting those animals to the public. [Added by Ord. No. 3836, eff. 3/8/13.]

ARTICLE 15. DECLAWING OF CATS

5-1-1501: DECLAWING OF CATS PROHIBITED:

A. No person, licensed medical professional or otherwise, shall perform or cause to be performed, assist in the performance of, or procure the performance of any surgical procedure to declaw a cat, including but not limited to onychectomy, phalangectomy, and tendonectomy, within the City of Burbank, except when necessary for a therapeutic purpose as determined by a licensed medical professional. “Therapeutic purpose” means the necessity to address the medical condition of the animal, such as an existing or recurring illness, infection, disease, injury or abnormal condition in the claw that compromises the cat’s health. “Therapeutic purpose” does not include cosmetic or aesthetic reasons or reasons of convenience in keeping or handling the animal.

B. In the event that a surgical procedure to declaw a cat, including but not limited to onychectomy, phalangectomy, and tendonectomy, is performed on a cat within the City of Burbank in violation of this Section, each of the following persons shall be guilty of a violation of this section: (1) the person or persons performing the procedure, (2) all persons assisting in the physical performance of the procedure, and (3) all persons or entities that procured the procedure, including but not limited to the owner or person having custody or control over the animal or any other person or entity that ordered, requested or paid for the procedure.

C. Any person who violates this section shall be guilty of a misdemeanor and shall be punishable by a fine of not more than One Thousand Dollars ($1,000.00) or by imprisonment in the county jail for a period of not more than six (6) months or by both such fine and imprisonment, as stated in Title 1, Article 1, Section 1-1-105 of the Burbank Municipal Code. [Added by Ord. No. 3773, eff.: 12/8/09.]

ARTICLE 16. POTENTIALLY DANGEROUS AND VICIOUS ANIMALS

5-1-1601: EXCEPTIONS TO ARTICLE:

A. This article does not apply to licensed kennels, humane society shelters, field services facilities, or veterinary clinics.

B. This article shall not apply to any animal utilized by any fire department, fire district, police department or any fire or law enforcement officer in the performance of public safety work.

C. No animal may be declared potentially dangerous or vicious based on any injury or damage sustained by a person who, at the time the injury or damage was sustained, was committing a willful trespass or other tort upon premises occupied by the owner or keeper of the animal, or was teasing, tormenting, abusing, or assaulting the animal, or was committing or attempting to commit a crime. No animal may be declared potentially dangerous or vicious if the animal was protecting or defending a person within the immediate vicinity of the animal from an unjustified attack or assault. No animal may be declared potentially dangerous or vicious if an injury or damage was sustained by a domestic animal which at the time the injury or damage was sustained was teasing, tormenting, abusing, or assaulting the animal.

D. No animal may be declared potentially dangerous or vicious based on an injury or damage to a domestic animal that was sustained while the animal was working, hunting, herding, or performing predator control on the property of, or under the control of, its owner or keeper, and the damage or injury was to a species or type of domestic animal appropriate to the work of the animal. This subsection does not limit the civil liability of the owner or keeper of an animal working, hunting, herding, or performing predator control that causes injury or damage to a domestic animal. [Added by Ord. No. 24-4,011, eff. 4/19/24.]

5-1-1602: DEFINITIONS:

A. As used in this article, the term “potentially dangerous animal” means any of the following:

1. Any animal which, when unprovoked, on two separate occasions within the prior 36-month period, engages in any behavior that requires a defensive action by any person to prevent bodily injury when the person and the animal are off the property of the owner or keeper of the animal;

2. Any animal which, when unprovoked, bites a person causing a less severe injury than as defined in subsection C of this section;

3. Any animal which, when unprovoked, on two separate occasions within the prior 36-month period, has killed, seriously bitten, inflicted injury, or otherwise caused injury attacking a domestic animal off the property of the owner or keeper of the animal.

4. Any animal which, after its owner or keeper has been notified that the animal is not properly licensed, vaccinated, restrained, or maintained so as to be contained on the owner’s property, as required by this chapter, and continues to be in violation of this chapter, and/or is not in compliance with any specific orders made by the hearing officer.

5. Any animal previously determined, by a presiding judicial or administrative officer, to be a potentially dangerous animal which, after its owner or keeper has been notified of this determination, continues behavior described in subsection A of this section or is maintained in violation of Food and Agriculture Code sections 31641, 31642, or 31643 or this article.

B. As used in this article, the term “vicious animal” means any of the following:

1. Any animal which, when unprovoked, in an aggressive manner, inflicts severe injury on or kills a human being;

2. Any animal previously determined, by a presiding judicial or administrative officer, to be a potentially dangerous or vicious animal which, after its owner or keeper has been notified of this determination, continues behavior described in subsections A or B of this section or is maintained in violation of Food and Agriculture Code sections 31641, 31642, or 31643 or this article.

3. Any animal seized under Penal Code section 599aa and upon the sustaining of a conviction of the owner or keeper under Penal Code sections 597.5(a) or 597b.

C. As used in this article, the term “severe injury” means any physical injury to a human being that results in muscle tears or disfiguring lacerations or requires multiple sutures or corrective or cosmetic surgery.

D. As used in this article, the term “enclosure” means a fence or structure suitable to prevent the entry of young children, and which is suitable to confine a potentially dangerous or vicious animal in conjunction with other measures which may be taken by the owner or keeper of the animal. The enclosure shall be designed in order to prevent the animal from escaping. Any enclosure must conform with the requirements of Penal Code section 597t.

E. As used in this article, the term “impounded” means taken into the custody of the City’s Animal Shelter. [Added by Ord. No. 24-4,011, eff. 4/19/24.]

5-1-1603: PROCEDURE FOR DECLARING ANIMAL POTENTIALLY DANGEROUS AND/OR VICIOUS:

A. If an animal control officer or a law enforcement officer, hereinafter referred to as the Investigating Officer, has investigated and determined that there exists probable cause to believe that an animal is potentially dangerous or vicious, considering all relevant evidence, and not solely based on the breed of the animal, they shall petition the Superintendent of the City’s Animal Shelter, or their designee, to determine whether the animal is potentially dangerous or vicious. The Superintendent, or their designee, shall thereafter set a hearing pursuant to Food and Agriculture Code section 31621 for the purpose of determining whether or not the animal in question should be declared potentially dangerous or vicious.

B. The Superintendent of the City’s Animal Shelter, or their designee, shall notify the owner or keeper of the animal that an administrative hearing to determine whether the animal is potentially dangerous or vicious will be held by serving a notice of the hearing and a copy of the petition, either personally or by first-class mail with return receipt requested. Service shall be deemed complete at the time notice is personally served or deposited in the mail. Failure of any person to receive notice shall not affect the validity of any proceedings under this chapter. The notice shall include the date, time, and location of the administrative hearing, a statement that the purpose is to determine whether the animal (named and described) is a potentially dangerous or vicious animal, and that if the animal in question is found to be potentially dangerous or vicious, certain remedies, up to and including destruction, may be demanded by the City.

C. The hearing shall be held promptly within no less than five working days nor more than ten working days after service of notice upon the owner or keeper of the animal.

D. The Superintendent of the Animal Shelter, or their designee, hereinafter referred to as the Hearing Officer, shall preside over the administrative hearing. The hearing shall be open to the public. At the administrative hearing, the owner or keeper of the animal may present evidence as to why the animal in question should not be declared potentially dangerous or vicious. Failure by the owner or keeper to appear at the hearing results in forfeiture of the privilege to present evidence. The Hearing Officer shall hear and consider all relevant evidence, objections or protests and shall receive testimony under oath relative to the alleged potentially dangerous and/or vicious animal. The Hearing Officer may admit into evidence all relevant evidence, including incident reports and affidavits of witnesses. The Hearing Officer may find, upon a preponderance of evidence, that the animal in question is potentially dangerous or vicious and may make other orders authorized by this article. The hearing may be continued from time to time.

E. If the animal in question is found to be potentially dangerous and/or vicious as defined by Burbank Municipal Code section 5-1-1602 et seq., the Hearing Officer may issue any one or more of the following orders:

1. The animal shall be properly licensed by the Animal Shelter and vaccinated against rabies. The Animal Shelter shall include the potentially dangerous or vicious designation in the registration records of the animal. The Animal Shelter may charge a potentially dangerous animal registration fee in addition to the regular licensing fee to provide for the increased costs of maintaining the records of the animal.

2. The animal shall be maintained on the owner or keeper’s property, or property occupied by the owner or keeper, hereinafter referred to as the Premises, and shall, at all times, be kept indoors, or in a secure enclosure with a secondary perimeter fenced yard from which the animal cannot escape, and into which children cannot trespass. The animal may not be allowed off the Premises unless it is restrained by a substantial leash, of a fixed length of no more than six feet, humanely muzzled, and under the immediate control of a responsible adult capable of restraining the animal. In the event that the animal escapes from the Premises, the owner or keeper shall immediately notify the City’s Animal Shelter.

3. If the animal in question dies or is sold, transferred, or permanently removed from the City, the owner or keeper shall notify the City of the changed condition and new location of the animal, in writing, within two business days of the changed condition.

4. An animal determined to be vicious may be destroyed by the Animal Shelter when it is found, after proceedings set forth in this article, that the release of the animal would create a significant threat to the public health, safety, and welfare.

5. The owner or keeper may be prohibited by the City from owning, possessing, controlling, or having custody of any animal for a period of up to three years, when it is found, after proceedings set forth in this article, that ownership or possession of an animal by that person would create a significant threat to the public health, safety, and welfare.

6. The owner or keeper shall pay any and all costs incurred by the City in the administration of the processes set forth in this article, including but not limited to, costs incurred by the City for housing, maintaining, feeding and providing care, including medical care for the animal during such time as the animal is in the custody of the City.

7. The owner or keeper may be mandated to spay or neuter the animal, as applicable.

8. The owner or keeper may be ordered to attend animal training/handling classes and submit proof of enrollment and attendance to the Superintendent of the Animal Shelter, or their designee.

9. The owner or keeper may be required to provide evidence to the Superintendent of the Animal Shelter, or their designee, of insurance coverage of no less than $100,000.00 for combined claims of bodily injury to, or death of, any person, or for damage to property owned by any other person, which may result from the ownership, keeping, or maintenance of the animal, regardless of whether the animal is on the Premises or not.

10. The owner or keeper of the animal may be required to provide a permanent identification by means of an implanted microchip that shall be registered with the City’s Animal Shelter. A photograph of the animal may also be required to be kept on record for identification, in addition to registration as a potentially dangerous animal.

F. If it is determined that an animal in question is found to be potentially dangerous, but shall not be destroyed, the Hearing Officer shall impose any other conditions upon the ownership of the animal that are reasonably necessary to protect the public health, safety, and welfare.

G. If the Hearing Officer finds by a preponderance of evidence that the animal which is the subject of the hearing is potentially dangerous and/or vicious, the Hearing Officer shall prepare findings and an order, which shall specify and make specific orders with respect to the animal as authorized by this article. A copy of the findings and order shall be served to the owner or keeper of the animal either personally or by first class postage prepaid no later than ten business days after the conclusion of the hearing. Service shall be deemed complete at the time notice is personally served or deposited in the mail. [Added by Ord. No. 24-4,011, eff. 4/19/24.]

5-1-1604: COMPLIANCE WITH THE HEARING OFFICER’S ORDER:

A. If a determination is made that an animal is potentially dangerous or vicious, the owner or keeper of the animal shall comply with the requirements set forth in section 5-1-1603 subsection E in accordance with a time schedule established by the Hearing Officer, but in no case more than 30 days after the date of the determination or 35 days if notice of the determination is mailed to the owner or keeper of the animal.

B. As a condition of maintaining a potentially dangerous or vicious animal, its owner or keeper shall allow access to the City’s Animal Shelter personnel to inspect the Premises to ensure compliance with the provisions of this chapter between the hours of 9:00 a.m. and 9:00 p.m. on any day of the week. Prior notification of the inspection to the owner or keeper of the potentially dangerous or vicious animal shall not be required. [Added by Ord. No. 24-4,011, eff. 4/19/24.]

5-1-1605: APPEAL PROCEDURE:

A. If the owner or keeper of the animal contests the determination, they may, within five days of the receipt of the notice of determination, appeal the decision of the Hearing Officer to the Superior Court pursuant to Food and Agriculture Code 31622(a). The fee for filing an appeal, payable to the clerk of the court, is as provided in subdivision (b) of Section 70626 of the Government Code. The owner or keeper of the animal shall serve personally or by first-class mail postage prepaid, notice of the appeal upon the City by notifying the Superintendent of the City’s Animal Shelter.

B. The court hearing the appeal shall, pursuant to Food and Agriculture Code section 31622(b), conduct a hearing de novo, without a jury, and make its own determination as to potential danger and viciousness and make other orders authorized under Food and Agriculture sections 31601 et seq., based upon the evidence presented. The hearing shall be conducted in the same manner and within the time periods set forth in Food and Agriculture Code section 31621. The court hearing the appeal may admit all relevant evidence, including incident reports and the affidavits of witnesses, limit the scope of discovery, and may shorten the time to produce records or witnesses. The issue shall be decided upon the preponderance of the evidence. If the court hearing the appeal rules the animal to be potentially dangerous or vicious, the court may establish a time schedule to ensure compliance with Food and Agriculture sections 31601 et seq. and this article, but in no case more than 30 days subsequent to the date of the court’s determination or 35 days if the service of the judgment is by first-class mail.

C. The determination of the court hearing the appeal shall be final and conclusive upon all parties. [Added by Ord. No. 24-4,011, eff. 4/19/24.]

5-1-1606: APPEARANCE OF THE OWNER OR KEEPER NOT REQUIRED TO MAKE ORDERS:

The Hearing Office or the court hearing the appeal may decide all issues for or against the owner or keeper of the animal even if the owner or keeper fails to appear at a hearing. [Added by Ord. No. 24-4,011, eff. 4/19/24.]

5-1-1607: AUTHORITY TO SEIZE ANIMAL POSING IMMEDIATE THREAT TO PUBLIC SAFETY:

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

B. When an animal has been impounded pursuant to subsection A above, and it is not contrary to public safety, the Superintendent of the Animal Shelter may permit the animal to be confined at the owner’s expense in a City-approved kennel or veterinary facility. [Added by Ord. No. 24-4,011, eff. 4/19/24.]

5-1-1608: RELINQUISHING AN ANIMAL:

At any time prior to or after an administrative hearing to determine if an animal should be declared potentially dangerous or vicious, or at any time prior to or after an appeal hearing, the owner or keeper may request to relinquish ownership of the animal in question to the City. Upon relinquishment of an animal, the owner of that animal shall present sufficient identification to establish their ownership of the animal and shall sign a statement that they are the lawful owner of the animal. The owner or keeper shall be responsible for all applicable fees regarding the costs associated with the investigation and costs associated with boarding and caring for the animal during impoundment. At no time shall the animal be humanely euthanized until all mandated hold periods have been satisfied upon relinquishment of ownership of the animal in question. [Added by Ord. No. 24-4,011, eff. 4/19/24.]

5-1-1609: ANIMALS FOUND BY ANOTHER JURISDICTION TO BE POTENTIALLY DANGEROUS OR VICIOUS:

The owner or keeper of an animal which has previously been determined to be potentially dangerous after an administrative hearing or judicial hearing by another jurisdiction shall notify the City, in writing, within two business days, of any intention to keep, own, or harbor the animal in the City, and shall provide any documentation requested by the City Animal Shelter, including, but not limited to copies of prior orders issued by an administrative hearing officer or a court. No animal which has previously been determined to be vicious after an administrative hearing or judicial hearing by another jurisdiction will be allowed to be kept, owned, or harbored in the City. Any notice by the City’s Animal Shelter to remove, abate or destroy any animal owned, harbored, or maintained in violation of this section may be appealed to the Superintendent of the City’s Animal Shelter, or their designee, by filing a written statement setting forth the factual basis for the appeal within ten business days from the date the notice was served on the owner or keeper of the animal. The date of service is the day the notice was personally served, or deposited in the mail by the Animal Shelter. [Added by Ord. No. 24-4,011, eff. 4/19/24.]

5-1-1610: FINES AND OTHER PENALTIES:

A. Any violation of this article, including a failure to permit inspection as set forth in section 5-1-1604 subsection B, involving a potentially dangerous animal, shall be punished by a fine not to exceed five hundred dollars ($500). Any violation of this article, including a failure to permit inspection as set forth in section 5-1-1604 subsection B, involving a vicious animal, shall be punished by a fine not to exceed one thousand dollars ($1,000). All fines paid pursuant to this article shall be paid to the City for the purpose of defraying the cost of the implementation of this article.

B. Nothing in this article shall prevent the City from initiating a civil, criminal, or other legal or equitable proceeding for a violation of this chapter. [Added by Ord. No. 24-4,011, eff. 4/19/24.]

5-1-1611: EFFECTIVE DATE:

This ordinance shall become effective at 12:01 a.m. on the thirty-first (31st) day after the date of adoption. [Added by Ord. No. 24-4,011, eff. 4/19/24.]

State law reference: As to poundmaster (Animal Shelter Superintendent), see Gov.C. § 27822; Pen.C. §§ 597f, 599e.

State law reference: Peace officer may enter and arrest where animal fighting occurs or is about to occur, Pen.C. § 597d; right to enter and supply food and water to an impounded animal, Pen.C. § 597e; humane officer’s right to enter high altitude decompression or carbon monoxide gas chamber for inspection, Pen.C. § 597z; seizure of birds and animals used in violation of law, Pen.C. § 599a; right of Director of Agriculture to enter premises and inspect animals believed to have contagious disease, Agric.C. § 9531; right of entry to enforce rabies regulations, Health & S.C. § 1908.

State law reference: As to peace officer impounding dogs running at large, see Agric.C. § 31101.

State law reference: As to spaying and neutering of dogs and cats, see Food & Agric.C §§ 30503, 31751.

State law reference: As to authority for local regulation, see Fish & G.C. § 2156; as to importing and transporting wild animals generally, Fish & G.C. §§ 2116-2272.

State law reference: Duty to quarantine, Food & Agric.C. §§ 9561 and 9562.

State law reference: As to rabies control, see Health & S.C. §§ 1900-1924 and 17 Cal.Adm.Code §§ 2606-2606.6.

State law reference: As to wearing metal tag, see Agric.C. § 30951.

State law reference: Registration of docked horse, see Pen.C. § 597p.

State law reference: As to animals cruelly treated and abandoned, see Pen.C. §§ 597f and 597s.

State law reference: As to lack of food and water, see Pen.C. § 597e.

State law reference: Duty to unload and exercise animals confined in motor truck, Agric.C. § 16908.

State law reference: As to cruelty to animals, see Pen.C. § 286.5 (sexually assaulting animals), § 596 (wilful poisoning), § 597 (maliciously maiming, wounding, torturing, mutilating, or killing), § 597.5 (fighting dogs), § 597a (transporting in cruel and inhumane manner and subjecting to unnecessary torture, suffering, or cruelty), § 597b (fighting animals or birds), § 597c (owning, keeping, or training animal or bird for fighting), § 597e (failure to provide proper food, drink, shelter, or protection from the weather), § 597f (permitting to go without proper care and attention), § 597g (poling a horse), § 597h (attaching live animal to a moving machine or device to be pursued by a dog), § 597i and j (cockfighting), § 597k (attaching bristle spur to a horse), § 597l (pet shops), § 597m (bullfight exhibitions), § 597n and § 599d (docking tail of horse), § 597s (wilful abandonment of dog or cat), § 597t (entanglement or injury by leash or rope), § 597u, v, w, and y (cruelly killing by carbon monoxide gas, chloroform, inoculation or high altitude decompression chamber), § 598 (killing birds in cemeteries), § 598a (killing dog or cat for pelt), § 599 (offering or dyeing chicks, rabbits, ducklings or other fowl as prizes or for sale or display).

State law reference. Use of animals for research, Agric.C. § 32000.

Federal law reference. Use of animals for research 7 U.S.C.S., § 2131 et seq.

State law reference: As to entanglement by leash, see Pen.C. § 597t.

State law reference: Unlawful to allow any stallion to run at large, Agric.C. §§ 16702 and 16703. Unlawful to allow female dog in heat to run at large, Agric.C. § 30954.

State law reference: Animals dying from a contagious disease must be immediately cremated or buried, Agric.C. §§ 9141 and 9142.

State law reference: See Title 9, Chapter 3 of this code on environmental control.

State law reference: Duty of pounds, humane societies and animal regulation departments of public agencies to provide veterinary care for injured dogs and cats, Pen.C. § 597f. Procedure for killing dog or cat by approved methods, Pen.C. §§ 597u, 597v, and 597w.

State law reference: Unlawful to burn carcass, Health & S.C. § 4303.

Code reference: See Subsections 10-1-2408E5, E6 and H of this code for stable and corral setback in an R-1-H Zone and for requirement that a stable must be provided for horses in such zone; also Section 10-1-2410 of this code for limit on number of horses kept in an R-1-H Zone and for requirement that a permit be obtained to keep a horse in such zone.

State law reference: For regulations pertaining to horse shows, see Food & Agric.C. §§ 24000-24018. Unlawful to confine horses of the opposite sex in the same enclosure open to public view, Food & Agric.C. §§ 16701 and 16703.

Code reference: For regulation on cleaning and disinfecting stables, see §§ 5-1-601 and 5-1-602 of this chapter. As to noise, dust, and odors constituting public nuisance, see § 5-1-1106.

Code reference: As to finish of floors and walls in sanitary facilities, see Uniform Building Code § 1711(a) adopted by reference, 9-1-2 of this Municipal Code.

State law reference: For regulations pertaining to pet shops, see Pen.C. § 597L.

CHAPTER 1ANIMALS

5-1-101: DEFINITIONS: