Chapter 6.02
ANIMAL CONTROL SERVICES
Sections:
6.02.010 Adoption of Title 10 of County Code.
6.02.030 Repealed by Ord. 1722.
6.02.040 Cats – No license required.
6.02.060 Deleted.
6.02.005 Animal control.
A. The chief of police shall serve as the poundmaster for the city.
B. It shall be the duty of the poundmaster to enforce the provisions of the animal control regulations for the city of Gardena either through city forces or by contract with another agency. (Ord. 1722 § 1, 2010)
6.02.010 Adoption of Title 10 of County Code.
A. Subject to the additions, amendments and deletions set forth in this chapter, the rules, regulations, provisions and conditions set forth in Title 10, “Animals,” of the Los Angeles County Code, as amended through Ordinance 2016-0040 passed on October 6, 2016, are hereby established as the rules, regulations and provisions of and for the city relating to animal control. Title 10 of the County Code and the remaining provisions of this title shall be referred to as the animal control regulations of the city of Gardena.
B. In cases of conflict between this chapter and any other provisions of Title 6 of the Gardena Municipal Code, this chapter shall prevail.
C. In cases of conflict between this chapter and Section 18.42.020 of the Gardena Municipal Code, Section 18.42.020 shall prevail.
D. For purposes of application of Title 10, all references to “county,” “county of Los Angeles,” or “county unincorporated area” shall mean the “city of Gardena.”
E. The provisions of the animal control regulations of the city of Gardena may be enforced by appropriate personnel of both the city and the county. (Ord. 1783 § 1, 2017; Ord. 1731 § 1, 2011; Ord. 1728 § 1, 2011; Ord. 1722 § 2 (part), 2010: Ord. 1662 § 1, 2004; Ord. 1610 § 2, 2001; Ord. 1515 § 1 (part), 1997)
6.02.020 Violations.
In accordance with Government Code Section 50022.4, the following penalty clauses are contained in Title 10 of the Los Angeles County Code and are hereby adopted:
10.04.060 Violation--Penalty.
Any person violating any of the provisions of this title is guilty of an infraction, unless another penalty is stated. Misdemeanors are punishable under Penal Code section 19.
10.12.190 Refusing to Show License or Certificate Unlawful.
A person who refuses a request by an authorized Department employee to produce a dog or cat rabies vaccination certificate, license or tag is guilty of a misdemeanor.
10.12.200 Interfering with Department Officers Prohibited.
A person who interferes with, opposes, or resists the Director or an employee of the Department, while the Director or employee is performing his or her duties is guilty of a misdemeanor.
10.12.210 Right of Entry for Inspection.
A. An authorized County employee or a law enforcement officer may enter a building or property to inspect the premises only if: 1. The owner or occupant of the building or property consents to the entry and inspection after the authorized County employee or law enforcement officer presents his credentials and explains the reasons for the entry and inspection; or 2. The authorized County employee or law enforcement officer obtains a warrant for the entry and inspection of the building or property under sections 1822.50 to 1822.57 of the Code of Civil Procedure; or 3. The authorized County employee or law enforcement officer has reasonable cause to believe that the keeping of an animal on the property is so hazardous, unsafe, or dangerous that an immediate inspection is necessary to safeguard an animal or public health and safety. Under these circumstances, the employee or officer may use reasonable means to immediately enter and inspect the building or property after presenting his credentials to the owner or occupant and requesting entry, if possible under the circumstances.
B. This section does not prohibit an authorized County employee or law enforcement officer from entering property in the Department’s jurisdiction for the purpose of capturing an animal running at large in violation of this Division 1 or other applicable law. A person who prevents or obstructs the capture of an animal running at large is guilty of a misdemeanor.
10.20.120 Fees payable annually--Delinquency charge.
License fees must be paid annually. A delinquency charge will be applied when the license fees provided for in this chapter are not paid within 10 days after the license fee is due.
10.20.280 Licensing of Dogs Used for Protection.
Every business or person using a guard or attack dog must license each dog with the Department; failure to license a guard or attack dog is a misdemeanor.
10.20.310 Sign Required on Premises--Contents.
Clear and legible signs must be posted at each of the entrances to the premises where dogs are licensed under this Part 3, stating that the dog and the location are licensed with the Los Angeles County Department of Animal Care and Control and the location and telephone number of the nearest County animal care center. Failure to post the required sign is a misdemeanor.
10.20.375 Penalties.
The penalties for violations of any provision of this part 4 are as follows:
A. First violation. A first violation shall be an infraction punishable by a fine of up to $250. If the owner or custodian fails to correct the underlying cause of the violation within 30 days after being notified of the violation, it shall be deemed a second violation.
B. Second violation. A violation within a year of a first violation shall be deemed a second violation. A second violation is a misdemeanor punishable by imprisonment in the county jail for a period of up to six months or by a fine of up to $1,000, or by both such fine and imprisonment. Each subsequent violation within one year is an additional misdemeanor.
10.28.020 Initial license--Application required.
A person who seeks to operate an animal facility or to keep a wild animal under Section 10.28.060 must file an application with the Department and pay the required fee. A person who possessed or owned a wild animal or who operated an animal facility without the required license must pay the penalty owed under Section 10.90.010, in addition to the license fee. When a person applies for licenses for different purposes for animals at the same premises at the same time, the cost of the licenses will be reduced in accordance with the provisions of Section 10.90.010.
10.28.060 License--Required for Certain Activities and Animals--Certain Animals Exempt.
A person, including a new owner of an existing organization or business, cannot conduct or operate an animal facility or keep a wild animal within the Department’s jurisdiction without first obtaining a license from the Department and any other applicable agency. Failure to obtain a license for an animal facility or a wild animal is a misdemeanor. A license is not required for the keeping of the following animals as pets:
1. Birds;
2. Domestic rodents (pet mice, rats, guinea pigs, hamsters, and chinchillas);
3. Fish;
4. Non-venomous reptiles less than six feet in length;
5. Rabbits.
10.28.280 Display of Grading Card--Violation.
A. The facility is required to post the Animal Facility Grade Card at the animal facility as follows:
1. Posted in the front window of the facility within five feet of the front door or;
2. Posted in a display case mounted on the outside front wall of the facility within five feet of the front door; or
3. Posted in a location as directed and determined in the discretion of the Director to ensure proper notice to the general public and to patrons.
B. If an animal facility is operated in the same building or space or shares a common customer entrance as a separately licensed or permitted business, the facility must post the Animal Facility Grade Card(s) in the initial customer contact area, or in a location determined by the Director.
C. The Animal Facility Grade Card must not be defaced, marred, camouflaged, hidden, or removed. Except as provided in subsection D of this section, it is unlawful to operate an animal facility unless the Animal Facility Grade Card is displayed as required by this Section. A violation of this subsection C is a misdemeanor punishable under Penal Code Section 19.
D. The Director may waive posting of the Animal Facility Grade Card when the animal facility consists of animals maintained solely as personal pets that are not used to breed, show, sell, adopt, or transfer ownership or custody of the animals by any other method.
10.32.040 Livestock and Wild Animal at Large--Misdemeanor.
It is unlawful for an owner or custodian of a wild animal or livestock to allow:
A. Such an animal to run at large on public property; or
B. Such an animal to enter or remain in or upon any private property owned by a person, other than the owner or custodian of the animal, without the written consent of the property owner or lessee.
C. A violation of this section is a misdemeanor.
10.32.080 Wild Animal(s).
A person who owns a wild animal or operates a wild animal facility must properly confine the animal(s) on the premises and must not allow the animal(s) to be at large. A wild animal is not allowed to be taken to any place where it would endanger any person. A violation of this section is a misdemeanor.
10.37.150 Compliance with Conditions and Consequences of Violation of Conditions.
A. The hearing officer or judicial officer who heard the petition to determine if a dog is potentially dangerous or vicious may schedule follow-up hearing dates to ensure compliance with all conditions imposed.
B. Consequences that may result from the failure of an owner or custodian of a dog released after a hearing pursuant to Section 10.37.110 or Section 10.37.120 to comply with any of the conditions imposed under Section 10.37.130 or Section 10.37.140 include, but are not limited to, the following:
1. The failure to comply with any condition is a misdemeanor punishable by a fine not exceeding $1,000 or by imprisonment in the County Jail for a period not to exceed six months, or by both the fine and imprisonment;
2. A violation of any part of an administrative decision or court order may be the subject of a civil action for injunctive relief to enjoin the person who violated the decision or order. The filing and prosecution of an action for injunctive relief does not limit the authority or ability of the County to take any other action permitted by law;
3. A violation of an administrative decision or court order following a determination that a dog is potentially dangerous, may result in the filing of an action to determine if the dog is vicious under Section 10.37.030.C.
10.37.180 Infraction/misdemeanor penalty for dog bites.
An owner or custodian of a dog who allows a dog to be uncontrolled or at large on public property, on the private property of another person, or on common areas of private property is guilty of an infraction, or a misdemeanor if the dog injures a person or a domestic animal or livestock.
10.40.010 Animal Care--Requirements for Animal Owners and Animal Facilities.
A person who owns an animal or who owns or operates an animal facility, must comply with each of the following conditions, the failure of which is a misdemeanor:
A. Housing facilities for animals must be structurally sound and maintained in good repair to protect the animals from injury, contain the animals, and restrict the entrance of other animals.
B. All animals must be supplied with sufficient food and water suitable for the age, species, and nutritional requirements of the animal. Animals must have access at all times to potable water, unless otherwise directed by a veterinarian. All animal food must be properly stored to prevent contamination, infestation by vermin, and exposure to the elements.
C. Animals must be groomed and kept in a manner that is not injurious to their health. All animal buildings or enclosures must be maintained in a clean and sanitary condition to control odors and prevent the spread of disease.
D. All animals must be maintained in a manner to eliminate excessive and nighttime noise.
E. No animals may be without attention for more than 12 consecutive hours; whenever an animal is left unattended at a commercial animal facility, the telephone number of the Department, or the name, address, and telephone number of the responsible person, must be posted in a conspicuous place at the front of the property. Animal facilities that breed dogs must comply with the applicable minimum staffing requirements set forth in Section 10.40.200.
F. Animals may not be neglected, teased, abused, mistreated, annoyed, tormented, or in any manner made to suffer.
G. No condition may be maintained or permitted that is or could be injurious to the animals.
H. Tethering of animals is prohibited except as permitted under California Health and Safety Code section 122335.
I. Animal buildings and enclosures must be constructed and maintained to prevent escape of animals. All reasonable precautions must be taken to protect the animals and the public.
J. An animal facility must isolate sick animals so as to not endanger the health of other animals.
K. A building or enclosure for animals must be kept in a sanitary condition and in good repair, and must be constructed of material easily cleaned. The building must be properly ventilated to prevent drafts and to remove odors. Heating and cooling must be provided to meet the physical need of the animals, with sufficient light to allow observation of the animals and proper sanitation. An animal facility must be equipped with working smoke alarms and have means of fire suppression, such as a sprinkler system in each room where animals are kept, or functioning fire extinguishers.
L. An animal must be taken to a veterinarian for examination or treatment if the Director orders the owner or custodian to do so.
M. All animal enclosures, including, but not limited to, rooms, cages, and kennel runs, must be of sufficient size to provide adequate and proper accommodations for the animals housed there. An enclosure with a wire bottom may be used temporarily for dogs, and only if it complies with Health and Safety Code sections 122065 and 122065.5. If enclosures, such as crates and other mobile enclosures, are stacked upon one another, or on a surface other than the floor, the crates/enclosures must be securely fastened and designed and arranged so that: there is no danger of an enclosure falling; the animals do not have direct access to one another; and waste from one enclosure cannot be transmitted to another enclosure. Food and water containers must be secured to prevent spillage. Crates may be stacked no more than two crates high.
N. A violation of an ordinance must be corrected within the time specified by the Director.
O. Proper shelter and protection from the weather must be provided at all times.
P. An animal must not be given any alcoholic beverage, unless prescribed by a veterinarian.
Q. Animals that are natural enemies, temperamentally unsuited or otherwise incompatible, must not be housed together, or so near each other as to cause injury, fear, or torment. Two or more animals can be housed together if they do not harm each other.
R. Any tack, equipment, device, substance, or material that is, or could be, injurious or cause unnecessary cruelty to any animal may not be used.
S. Working animals must be given adequate rest periods. Confined or restrained animals must be given appropriate exercise.
T. An animal that is weak, exhausted, sick, injured, lame, or otherwise unfit may not be worked or used.
U. An animal that the Department has suspended from use may not be worked or used until released by the Department.
V. Animals bearing evidence of malnutrition, ill health, unhealed injury, or having been kept in an unsanitary condition may not be displayed.
W. An animal whose appearance is or may be offensive or contrary to public decency may not be displayed.
X. No animal may be allowed to constitute or cause a hazard, or be a menace to the health, peace, or safety of the community.
Y. A person may not violate any condition imposed by the Director on any license issued by the Department.
10.40.40 Animal Facilities--Records Required for Each Animal.
A. A person who has an animal facility license must keep available for inspection on the premises the following records:
1. The name and current contact information of the owner of each animal kept at the animal facility;
2. The date the animal entered and left the animal facility, including any animal that died while at the facility;
3. The reason that the animal was at the facility, such as for boarding, sale, breeding, or grooming;
4. The description of the animal, including its age, breed, sex, color, and other available identifying information, such as an animal license number, tattoo, or microchip registration number.
B. A current, valid rabies certificate must be maintained for every dog and cat older than four months of age while the dog or cat is kept at the animal facility.
C. Any animal facility selling dogs and/or cats to the public must post a notice containing the breeder’s name, address, and license number on each dog or cat’s cage. If the breeder’s name is not known, the name and address of the person from whom the dog or cat was obtained must be displayed.
D. A violation of any requirement of this section is a misdemeanor.
10.40.065 Animal Nuisance.
A. Definition. An animal nuisance arises when an animal bites or otherwise injures a person, attacks other animals, is repeatedly at large, damages and/or strays on private or public property, or otherwise interferes with the comfortable enjoyment of life or property.
B. Violation. When the Department receives a complaint of an animal nuisance, it will issue a written notice to the owner or custodian of the animal advising of the nuisance, and ordering the owner to correct the nuisance. An animal owner or custodian who fails to immediately correct the animal nuisance after receiving written notice from the Department is guilty of a misdemeanor.
10.40.200 Breeding License, Restrictions and Requirements.
A. General Requirements.
1. Dog Breeding License. A dog breeding license is an animal facility license issued to a person who breeds dogs commercially. A person, as defined in Section 10.08.190, applying for a dog breeding license must comply with all licensing requirements set forth in Section 10.28.050, all other applicable ordinances, and all federal and state laws, including, but not limited to, Health and Safety Code section 122045, et seq. Approval from the public health officer may be required, if necessary, because of health concerns. The size category of the dog to be bred (Adult size: 1-20 lbs.; 21-50 lbs.; 51-100 lbs.; and 101+ lbs.) and the number of dogs to be housed at the facility will be stated on the license. A change in the size category of dogs bred requires re-inspection and a new license application.
2. Breeding Facilities Housing 50 or Fewer Sexually Intact Dogs Over the Age of One Year. An animal facility may not have more than a total of 50 sexually intact dogs over the age of one year, unless it meets the requirements of Subsection A.3. below. An animal facility having 50 or fewer dogs must have adequate staffing on the premises of the animal facility to attend to the dogs at least eight hours in every 24-hour period, so long as the dogs are not left unattended for longer than 12 continuous hours. Whenever the dogs are left unattended, the telephone number of the Department of animal care and control, or the name, address, and telephone number of the responsible person, must be posted in a conspicuous place at the front of the property.
3. Breeding Facilities Housing 51 or More Sexually Intact Dogs Over the Age of One Year. The Director may approve an application for 51 or more dogs if the applicant complies with the following additional requirements:
a. Facilities with 51 or more sexually intact dogs over the age of one year will be re-inspected more frequently. The number of re-inspections per year is determined by the number of dogs housed in the facility:
|
51-75 dogs: |
one annual re-inspection; |
|
76-100 dogs: |
two annual re-inspections; |
|
101-125 dogs: |
three annual re-inspections; |
|
126-150 dogs: |
four annual re-inspections; |
|
151 + dogs: |
five annual re-inspections. |
b. The animal facility demonstrates that it is able to house and care for the number of dogs in compliance with the requirements of this section and all applicable requirements of Title 10;
c. The animal facility provides a written medical program, approved by a California licensed veterinarian, to prevent and control illness and parasitism. The program must include a regular de-worming schedule and a regular vaccination schedule against commonly transmitted canine diseases, and must be updated annually;
d. The animal facility maintains records on site, demonstrating that an annual veterinary examination has been performed on each intact male or female dog over one year of age. The record of each exam must reflect that a physical exam consisting of auscultation and palpation, and a visual evaluation of the dog including eyes, ears, mouth and general body condition was performed. The record of each exam must also include the weight, temperature, heart rate, respiration, any significant medical findings relating to the dog’s condition, and any recommendations for treatment;
e. The animal facility obtains approval from the Director of an emergency response plan, which is updated annually; and
f. The animal facility maintains adequate staffing at the facility 18 hours a day to attend to the animals. Whenever an animal is left unattended, the telephone number of the Department of animal care and control, or the name, address and telephone number of the responsible person, must be posted in a conspicuous place at the front of the property.
B. Health of Breeding Dogs.
1. A female unaltered dog must be at least 12 months old before being bred. Records of litters birthed are required to be maintained pursuant to Subsection D. below;
2. Offspring may not be removed from the premises earlier than eight weeks of age except for medical reasons ordered by a California licensed veterinarian. The order must be in writing, state the medical reason for early separation, and be provided to the Department, if requested, up to two years after its issuance.
C. Housing Requirements.
1. The housing for the animals must comply with Section 10.40.010;
2. Each pregnant dog must be housed separately at least three (3) days before giving birth and be monitored at reasonable intervals;
3. A dog who has just given birth must be provided with a contained nesting area and housed with her litter in their own run or enclosure until the newborns are weaned.
D. Dog Identification and Recordkeeping.
1. The following current records must be maintained and produced upon request to determine licensing compliance or for any other purpose relating to the public health, safety, or welfare. These records must be provided to a purchaser of any dog sold or transferred to another person by the facility:
a. All dogs must be microchipped or tattooed upon reaching the age of four months or prior to sale or transfer, whichever is earlier. Microchip and tattoo records must be kept for all dogs.
b. In addition to the records required by California Health and Safety Code sections 122050 and 122055 relating to dogs, breeding facilities must keep the following records for all dogs: the date and from whom the dog was acquired; the date of each litter birthed by each female animal; veterinary records; and the cause of death and the method of disposal.
c. Knowingly providing false information or records relating to any animal is a misdemeanor.
E. Reasonable Restrictions on the Breeding of Animals Other Than Dogs. Breeders of animals, other than dogs, that are normally kept as pets for sale or exchange in return for consideration, must comply with all applicable requirements of Section 10.40.010. In addition, the Director may impose reasonable conditions on a breeding license, including a limitation on the number of animals permitted at a facility, and may impose recordkeeping requirements, in the interest of the health and safety of the public and of the animals.
F. Noncompliance—Penalties. The penalties for violations of any provision of this Section 10.40.200 are as follows:
1. First Violation. A first violation is an infraction punishable by a fine of up to $250. If the owner or custodian fails to correct the underlying cause of the violation within 30 days after being notified of the violation, it is a second violation.
2. Second Violation. A violation within a year of a first violation is a second violation. A second violation is a misdemeanor punishable by imprisonment in the County jail for up to six months or by a fine of up to $1,000, or both. Each subsequent violation within one year of the first violation is an additional misdemeanor.
G. Noncompliance--Injunctive Relief. Any act or failure to act in violation of this Section may be the subject of a civil action to ensure compliance. The filing and prosecution of an action will not limit the authority or ability of the County to enforce the requirements of Section 10.40.200 or to impose penalties or take any other action permitted by law.
10.48.060 Violation of Division 2 provisions--Penalty.
Any person, firm, association or corporation violating any of the provisions of the ordinance codified in Division 2 of Title 10 of this code shall be deemed guilty of a misdemeanor.
10.72.040 Violation--Penalty.
Any person, firm or corporation who violates any of the provisions of this chapter shall be guilty of a misdemeanor.
10.76.050 Violation deemed misdemeanor.
Every person violating any provision of this chapter is guilty of a misdemeanor.
10.80.010 Transporting Dogs in Open Vehicles Prohibited When.
It is unlawful for a person to transport any dog in or on the back or bed of any open truck or other open vehicle while traveling on any County road, street, highway, lane, or alley, unless the dog is cross tethered to a harness or the back or bed of the vehicle is partially enclosed by stakes, racks, or other similar devices that rise at least two feet, nine inches above the tops of the sides and back of the vehicle, and are designed to prevent the dog from falling or escaping from the vehicle. A violation of this section is a misdemeanor.
10.84.010 Providing Food for Certain Rodents or Predator Animals Prohibited.
A. It is unlawful to feed a nondomesticated rodent or nondomesticated mammalian predator as defined in this section, unless:
1. The person is the owner of the animal and the animal is kept in accordance with the requirements of the State Department of Fish and Wildlife; or
2. After notifying the responsible agency to pick up the animal, the person provides food to a trapped or injured animal.
B. For purposes of this chapter:
1. “Rodent” includes ground squirrels;
2. “Mammalian predators” include coyotes, raccoons, foxes, and opossums.
C. A violation of this section is a misdemeanor.
10.90.010 II.A.2
Penalty for operation of an animal facility without license. A penalty equivalent to the cost of the license will be added to the license fee if a facility operates without a license.
(Ord. 1783 § 2, 2017: Ord. 1731 § 2, 2011; Ord. 1728 § 2, 2011; Ord. 1722 § 2 (part), 2010: Ord. 1662 § 2, 2004; Ord. 1610 § 3, 2001; Ord. 1515 § 1 (part), 1997)
6.02.040 Cats – No license required.
Notwithstanding any provision of Title 10 of the Los Angeles County Code, there is no requirement to license a cat in the City of Gardena. The licensing of cats is strictly voluntary. (Ord. 1610 § 5, 2001)
6.02.050 Dogs – Public parks.
Section 10.32.010 of Title 10 of the Los Angeles County Code is amended by adding an additional sentence to read as follows:
Nothing herein allows dogs or other animals on park premises in violation of section 11.04.260.
(Ord. 1515 § 1 (part), 1997)
6.02.060 Kennel fees.
Deleted. (Ord. 1662 § 3, 2004; Ord. 1629 § 4, 2003; Ord. 1540 § 1, 1998)