41.1.1 DEFINITIONS.
(Amended by O-3801)
a) "Animal" means any living being that is not human or vegetable.
b) "Small animal" as used in this Article means a cat, dog or rabbit.
c) "Unusual pets" as used in this Article means any animal not including cat, dog, rabbit, hamster, guinea pig, white rat, mouse, squirrel, canary, parakeet, cockatoo, or any animal usually considered a pet; provided, that farm type animals will not be considered as pets, with the exception of hens with the approval of a special animal permit as provided for in Section 41.11.010. Roosters are farm type animals and will not be considered as pets.
d) For the purpose of this Chapter, "tethering" is defined as the tying by rope or chain, or the like by which an animal is so fastened to a stake, pole, tree or otherwise, so that it can range only within certain limits.
41.1.2 ANIMALS KEPT ON RESIDENTIAL PROPERTY.
The following uses are unlawful and a public nuisance:
a) Keeping or maintaining more than three (3) small animals of any one (1) kind or an aggregate total of four (4) small animals which are kept, harbored or maintained after the weaning period of not to exceed nine (9) weeks on property used for residential purposes except as otherwise permitted in this Code and except with a special permit from the Director of Community Development as provided in Section 41.11.010.
b) Keeping or maintaining animals which create objectionable odors or noises, if said odors or noises are substantially detrimental to adjacent residential units or properties. Such maintaining or keeping will be substantially detrimental to residential units or properties if:
1) Said odors or noises if they in fact unreasonably interfere with the comfortable or peaceful use of said property; or
2) Cause a substantial diminution to adjoining property value or prevent its development; or
3) Constitute a health hazard because of its generation, attraction or perpetuation of bacteria or vermin.
c) Keeping or maintaining farm type animals, with the exception of hens with the approval of a special animal permit as provided for in Section 41.11.010. Roosters are farm type animals and are not exempt from this provision.
41.1.3 HEARING ON NUISANCE ABATEMENT.
(Amended by O-3825)
a) If upon investigation Animal Control or Community Development determines that a nuisance exists, as defined in Section 41.1.2, they shall notify the owner of the property by registered letter within ten (10) days of such determination that the owner must either:
1) Abate the nuisance within a time period to be specified by Animal Control or Community Development; or
2) That the owner must show cause why the nuisance should not be abated at a hearing before the Environmental Quality and Energy Conservation Commission to be specified by Animal Control or Community Development.
b) In the event the nuisance is not abated within the time period set by Animal Control or Community Development, the Environmental Quality and Energy Conservation Commission shall conduct a hearing at the time and place previously specified by Animal Control or Community Development to determine whether the use in question is a nuisance pursuant to Section 41.1.2, and whether such nuisance should be abated. At the hearing the property owner shall have the opportunity to be heard, to present evidence and to be represented by counsel if he or she chooses.
c) Upon completion of the hearing, if the Environmental Quality and Energy Conservation Commission determines that a nuisance exists, it may either:
1) Order the nuisance abated within a period of time to be set by the Commission; or
2) Set conditions, which if complied with will remove the use from being a nuisance.
41.1.4 WILD ANIMALS PROHIBITED.
No person shall harbor or keep any wild animal within the City except for the purpose of exhibition and then only with the written consent of the Poundmaster and Chief of Police and in accordance with any conditions which they deem necessary or proper therefor. If any wild animal found running at large cannot be safely taken up and impounded, such animal may be slain forthwith by the Poundmaster or any police or health officer of the City.
41.1.5 LEASHING OF DOGS REQUIRED.
No person owning or having charge, care, custody or control of any dog shall cause, permit, or allow the same to be or to run at large upon any street, lane, alley, court or other public place, or upon any private property or premises, other than those of the person owning or having charge, care, custody or control of such dogs, unless such dog be restrained by a substantial chain or leash not exceeding six (6) feet in length and is in the charge, care, custody or control of a competent person.
41.1.6 KEEPING OF UNUSUAL PETS.
(Amended by O-3825)
It is unlawful and a nuisance for unusual pets to be kept, harbored or maintained within the City without the written approval of Community Development or Animal Control with right of appeal to the Environmental Quality and Energy Conservation Commission.
41.1.7 REMOVAL OF DOG DEFECATION.
a) It is unlawful for the owner or person having custody of any dog to fail to immediately remove and dispose of in a sanitary manner, by placing in a closed or sealed container and depositing in a trash receptacle, any feces deposited by such dog upon public or private property not owned or controlled by the owner or person having custody of such dog.
b) Any person who has charge or control of any dog in a location other than on property owned or controlled by such person or on the property of the owner of the dog shall have in his or her possession a suitable wrapper, bag or container for the purpose of complying with the requirements of this Section. Failure of any person to carry such wrapper, bag or container when in charge or control of any dog in a location other than on property owned or controlled by said person, or on the property of the owner of the dog, shall constitute a violation of this Section. The provisions of this Section shall not apply to a blind person being accompanied by a guide dog.
41.1.8 TETHERING, PROHIBITED.
It is unlawful for any person to tether horses or cattle within the City.
41.1.9 TETHERING, DECLARED A NUISANCE.
It is declared a nuisance for any person to tether, or cause to be tethered, horses or cattle within the City.
41.2.1 DEFINITIONS.
a) California Estray Law shall mean and include the provisions of Article 2, Chapter 5, Division 3 of the Agricultural Code of the State of California, as amended.
b) Kennel shall mean any building, structure, enclosure or premises whereon or wherein three (3) or more dogs are kept or maintained for any purpose.
41.2.2 PUBLIC POUND; CREATED.
A public pound shall be maintained for the impounding of animals at such place or places as the City Council may, by resolution or contract, determine.
41.2.3 SAME. EXPENSES PAID BY CITY; EXCEPTION.
The expenses of operating the pound and all charges incurred therefor shall be paid by the City unless otherwise provided by contract.
41.2.4 POUNDMASTER, OFFICE CREATED; TERM.
The City Council shall appoint a poundmaster who shall hold office during the pleasure of the Council.
41.2.5 SAME. POWER AND AUTHORITY OF SPECIAL POLICE OFFICER.
The poundmaster, except when such office is conferred by contract as hereinafter provided, is hereby vested with the power and authority of a police officer and shall be duly sworn in as a special police officer of the City.
41.2.6 SAME. WHEN CHIEF OF POLICE TO HOLD OFFICE; DUTIES.
In the absence of the appointment of a poundmaster, the Chief of Police of the City shall act as poundmaster and shall discharge all of the duties thereof.
41.2.7 SAME. DELEGATION OF POWERS AND AUTHORITY TO ASSISTANTS, ETC.
Any of the powers and duties of the poundmaster as provided in this Article shall be deemed to have been delegated by the poundmaster to such assistants or deputies as may be employed or authorized by him or by the City.
41.2.8 SAME. DUTIES GENERALLY.
The poundmaster shall:
a) Maintain a public pound in such place as authorized by the City Council.
b) Take up, receive into said pound, maintain therein, release or dispose of all animals subject to impoundment or which are delivered to him for disposal.
c) Provide necessary housing, sustenance and care for all animals impounded.
d) Keep accurate records of all animals impounded, their description, the date of such impounding and the date and manner of their disposal.
e) Send notice in writing to the owner of any dog impounded as shown on the license therefor, if any, within forty-eight (48) hours thereafter, unless such dog is impounded with the consent of its owner. Unless such dog so impounded is reclaimed within ten (10) days after said notice has been deposited in the United States mail, it shall be sold, killed or otherwise disposed of in accordance with this Article or the California Estray Law.
f) If an impounded dog has no license, the poundmaster shall make a reasonable effort to notify the owner of its impounding, unless such dog is impounded with the consent of its owner. Unless such unlicensed dogs so impounded are reclaimed within five (5) days thereafter, they shall be sold, killed or otherwise disposed of in accordance with this Article or the California Estray Law.
g) Pick-up and humanely dispose of any dogs or cats which by reason of age or infirmity are delivered to the pound to be disposed of.
h) Unless otherwise provided by contract, pay promptly to the accounting officer of the City, all monies received by him in the performance of his office.
i) Perform all other duties required by law.
41.2.9 CONTRACT WITH PRIVATE PERSON TO ACT AS POUNDMASTER.
The City may enter into a contract whereby a private person shall be authorized to perform the duties of the poundmaster and may provide therein for the payment to such person of a reasonable sum for the discharge of such duties.
41.2.10 FEES FOR IMPOUNDING AND KEEPING ANIMALS.
(Amended by O-752; O-1306; O-2077; O-3272; O-3378; O-3396)
Effective July 1, 1994, the poundmaster shall collect from the owner or owners of all animals impounded, the following fees for impounding and keeping the same, to wit:
a) For every animal, other than a dog or cat, impounded by him, the fees provided in the California Estray Law;
b) For every dog or cat impounded by him, Ten Dollars ($10.00) for the first offense, Twenty Dollars ($20.00) for the second offense and Thirty Dollars ($30.00) for subsequent offenses occurring within one (1) year of the previous offenses;
c) In addition to the foregoing impounding fee, the sum of Seven Dollars and 50/100 ($7.50) per day board fee for each day any such animal so impounded is necessarily held in said pound;
d) Such other fees as required by law;
e) Such other fees as established from time to time by resolution of the City Council.
41.2.11 CAPTURE AND IMPOUNDING OF TRESPASSING ANIMALS.
(Amended by O-1251)
Every animal found trespassing upon any private property within the City may be captured by the party owning, controlling or having possession of such property, or by his representative, and committed to the poundmaster, or any police or health officer of the City; provided, however, that the only trap used in such capture shall be a trap approved by the S.P.C.A. (Society for the Prevention of Cruelty to Animals). Any person capturing an animal found running at large or trespassing upon any private property shall promptly notify the poundmaster of such capture and it shall be unlawful for any such person to fail or refuse to surrender such animal to the poundmaster, or to any police or health officer of the City.
41.2.12 IMPOUNDMENT OF UNLICENSED DOGS.
(Amended by O-131; O-982)
a) The poundmaster shall capture and impound any dog found within the City limits of the City which is not wearing a dog tag issued by the City, or by any other municipality in the County of Los Angeles or by the County of Los Angeles.
b) No dog so impounded shall be released to any person except where there has been a performance of the following conditions:
1) There has been presented to the poundmaster a current City dog license, or if the person keeping, harboring or having such dog is not a resident of the City, a current license for such dog issued either by any other municipality in the County of Los Angeles or by the County of Los Angeles; and
2) There has been shown to the satisfaction of the poundmaster that such dog has been vaccinated with rabies vaccine within the time periods and according to the other requirements as prescribed in Sec. 41.5.1. of this Chapter; or
3) Where such dog has not been so vaccinated, there has been paid to the poundmaster a fee for its vaccination not to exceed Five Dollars ($5.00), and the poundmaster has caused such dog to be vaccinated as aforesaid. Within seventy-two (72) hours after the receipt of the aforesaid vaccination fee, or as soon thereafter as possible, and except as provided in Sec. 41.5.7. of this Chapter, the poundmaster shall cause the dog for whom the fee has been paid to be vaccinated with rabies vaccine by a person licensed by the State of California to practice veterinary medicine or shall secure from such veterinarian a certificate of permanent infirmity for such dog.
4) There has been paid to the poundmaster;
A) Impounding and collection fees;
B) The dog license fee;
C) All other fees as provided in this Chapter.
5) The poundmaster has determined that such dog does not have and is not reasonably suspected of having rabies.
41.2.13 RECLAIMING IMPOUNDED ANIMALS; EXCEPTION.
(Amended by O-131)
Except as provided in Article 5 of this Chapter, the owner or any person entitled to the possession of any impounded animal, may reclaim the animal at any time prior to the sale or disposal thereof upon payment to the poundmaster of all of the said impounding fees.
41.2.14 RIGHT OF POUNDMASTER, POLICE OFFICER, ETC. TO ENTER UPON PRIVATE PROPERTY; WHEN SEARCH WARRANT REQUIRED.
The poundmaster, any police officer of the City, and the health officer of the City, or any health officer so designated by the City shall have the right to enter upon any private or public property in the City in order to examine or capture any dog therein; provided, however, that no such poundmaster, officer or employee shall have the right to enter an inhabited dwelling or a fenced or locked yard without first having obtained a search warrant therefor.
41.2.15 INTERFERENCE WITH POUNDMASTER, POLICE OFFICER, ETC. PROHIBITED.
No person shall interfere with, molest, hinder or prevent the poundmaster, his authorized representative, a police officer or health officer of the City in the discharge of his duties as herein prescribed.
41.3.1 DOG LICENSE REQUIRED.
(Amended by O-2755; O-3761)
a) Except as provided in this Article, it shall be unlawful for any person to have, keep, maintain or harbor within the City, any dog without first having obtained from the City an annual license as provided in Section 41.3.2 or a tax exempt license as provided in Section 41.3.8 and Section 41.3.9 of this Code.
b) Any violation of this section is a misdemeanor, or alternatively, an infraction.
c) This section may be enforced by a city police officer, animal control officer, animal control supervisor, code enforcement officer, or any City employee authorized under Section 11.2.5 of the Torrance Municipal Code.
41.3.2 ANNUAL FEE; WHEN DUE AND PAYABLE; PENALTY FOR FAILURE TO PAY FEE.
(Amended by O-280; O-560; O-568; O-752; O-1382; O-2077; O-2483; O-2757; O-2758; O-2835; O-2906; O-3043; O-3103; O-3200; O-3330; O-3378; O-3415; 0-3517; O-3763)
Effective May 1, 2013, the license fee for keeping and maintaining a dog in the City shall be the sum of Forty Dollars per year per dog. If at the time of licensing, a certificate is presented from a licensed veterinarian that the dog has been spayed or neutered, then the license fee for that dog shall be the sum of Twenty Dollars. Proof of current and valid rabies vaccination for each dog to be licensed must be presented for a license to be issued. The license is valid for one year from the date of issuance and must be renewed annually for each dog. Such license fee shall be paid within thirty days after moving into the City, or within thirty days after acquiring ownership of the dog. If such license fee is not paid within the above mentioned thirty days, or if the annual license has expired, a penalty of Twenty Dollars shall be added to such fee and collected therewith.
41.3.3 FEE FOR REPLACEMENT OF DOG TAG.
(Amended by O-3272; O-3763)
Whenever it is necessary to replace a dog license tag, a fee of Five Dollars shall be charged.
41.3.4 LICENSE TAX FOR KENNELS.
Any person conducting, managing or maintaining a dog kennel shall pay to the City a license tax on such dog kennel (hereinafter called a kennel tax) as follows:
a) For any kennel of less than eleven (11) dogs, Ten Dollars ($10.00) per year or fraction thereof.
b) For eleven (11) to fifteen (15) dogs, inclusive, Fifteen Dollars ($15.00) per year or fraction thereof.
c) For sixteen (16) or more dogs, Twenty Dollars ($20.00) per year or fraction thereof.
The kennel tax shall be due and payable in the manner and for the period provided for in Section 41.3.2. for the license tax on dogs.
In ascertaining the number of dogs being kept and maintained in kennels, for the purpose of computing the kennel tax, licensed dogs shall be excluded from such number in the event that the person conducting, managing or maintaining such kennel furnishes to the poundmaster or City Clerk, at the time of making application for such kennel license, an affidavit stating therein the number of such licensed dogs and their license numbers; provided, however, that for any kennel containing licensed dogs, there shall be paid a kennel tax in an amount equal to the minimum amount required by the provisions of this Section for dog kennels. The kennel tax shall not apply to any dog kept or maintained exclusively in any dog kennel in the City and not permitted to run at large.
41.3.5 LICENSES OR KENNEL TAXES AND PENALTIES TO BE OWNER’S DEBT TO THE CITY.
The amount of any license or kennel tax, together with penalties, any impounding fee and all other charges provided for in this Article shall be a debt owed to the City by the owners of the animal for which such tax, fee or charge is due. For the purpose of this Section, the licensed owner and every person in possession of any dog who shall permit such dog to remain about the premises for a period of five (5) days shall be deemed the owner thereof.
41.3.6 SALE AND PURCHASE OF DOG AND KENNEL LICENSES.
The City Clerk shall sell said dog and kennel licenses and collect said taxes; provided, however, that the City Council may by contract, confer such duties upon the poundmaster, in which case the City Clerk shall purchase all dog and kennel licenses or otherwise provide for an accounting of all such licenses issued by the poundmaster.
41.3.7 COUNTERFEIT LICENSES PROHIBITED.
No person shall imitate or counterfeit the licenses provided for in this Article or use any imitation or counterfeit of such tag.
41.3.8 SENIOR CITIZEN EXEMPTION.
(Added by O-2766; O-2767)
a) The license tax imposed by Section 41.3.2. for keeping and maintaining a dog in the City shall not apply to any individual taxpayer sixty-five (65) years of age or older who keeps and maintains a dog in or upon any premises occupied by such taxpayer, and of which said taxpayer is the head of the household, provided the combined gross income for the most recently completed calendar year of all members of the household residing in such principal residence does not exceed Seven Thousand Five Hundred Dollars ($7,500.00).
b) The exemption granted by this Section shall not eliminate the duty of the licensing authority to collect the license tax from such exempt individuals or the duty of such exempt individuals to pay said license tax to the licensing authority unless an exemption is applied for by the individual who keeps and maintains a dog and is granted in accordance with the provisions of Section 41.4.9.
c) No individual may be issued or possess more than one (1) tax exempt license at any given time and no more than one (1) tax exempt license per household shall be issued.
41.3.9 PROCESSING CLAIM FOR EXEMPTION.
(Added by O-2766; O-2767)
a) Any person who keeps and maintains a dog and is exempt from the taxes imposed by this Article because of the provisions of Section 41.3.8., may file an application with the Finance Director for an exemption. Such application shall be made upon forms supplied by the Finance Director and shall recite facts under oath which qualify the applicant for an exemption.
b) The Finance Director shall review all such applications and certify as exempt those applicants determined to qualify therefor and shall notify the licensing authority that such exemption has been approved, stating the name of the applicant, the address where the dog is kept and maintained, and such other information as may be necessary for the licensing authority to exempt the applicant from the license tax.
c) Upon receipt of such notice, the licensing authority shall not be required to collect the license tax imposed by this Article from such exempt person who keeps and maintains a dog until further notice from the Finance Director is given.
41.3.10 CONTINUANCE OF EXEMPTION.
(Added by O-2766; O-2767)
a) All exemptions shall continue and be renewed automatically by the Finance Director so long as the prerequisite facts supporting the initial qualification for exemption shall continue; provided, however, that such individual may apply for a new exemption with each change of address or residence.
b) Any individual exempt from the tax shall notify the Finance Director within ten (10) days of any change in fact or circumstance which might disqualify said individual from receiving such exemption. It shall be a misdemeanor for any person to knowingly receive the benefits of the exemptions provided by this Article when the basis for such exemption either does not exist or ceases to exist.
41.3.11 DISCONTINUANCE OF EXEMPTION.
(Added by O-2766; O-2767)
Notwithstanding any provisions of this Article, if the licensing agency determines by any means that a person knowingly receives the benefits of the exemption provided for by this Article when the basis for such exempt license either does not exist or ceases to exist, such licensing authority shall immediately notify the Finance Director of such fact and the Finance Director shall conduct an investigation to ascertain whether or not the provisions of this Article have been complied with, and where appropriate, order the licensing authority to commence collecting the tax from the non-exempt individual who keeps and maintains a dog.
41.3.12 APPEAL TO COUNCIL.
(Added by O-2766; O-2767)
If the Finance Director rejects any claim for exemption, the applicant may appeal to the City Council in accordance with the procedures established in Article 5 of Chapter 1 of Division 1 of this Code.
41.4.1 RABIES VACCINATION REQUIRED.
(Amended by O-3761)
a) Every person owning, keeping, harboring, or having a dog over the age of four months in the City, shall cause that dog to be vaccinated with rabies vaccine within a period of thirty days from the date of harboring, keeping or having the dog within the City or from the date the dog attains the age of four months.
b) Thereafter, every person shall cause the dog to maintain current and valid vaccinations with rabies vaccine as prescribed by a person licensed by the State of California or by any other state in the United States to practice veterinary medicine.
c) Proof of a current and valid rabies vaccination is required at the time of application of an annual dog license. The rabies vaccination must be valid for one full year from the date of application for dog license.
d) Any violation of this section is a misdemeanor, or alternatively, an infraction.
e) This section may be enforced by a city police officer, animal control officer, animal control supervisor, code enforcement officer, or any City employee authorized under Section 11.2.5 of the Torrance Municipal Code.
41.4.2 POUNDMASTER TO PROVIDE FACILITIES FOR RABIES VACCINATION.
During the month of June of each year, the poundmaster of the City shall provide facilities for the inoculation with rabies vaccine of any dog for which a license is required by the City. Such facilities shall be sufficient to accommodate not less than one hundred (100) nor more than two hundred (200) dogs during any one (1) day during such period of time.
41.4.3 VETERINARIANS’ FEE SCHEDULE FOR RABIES VACCINATION.
Every licensed and practicing veterinarian in the City shall, prior to inoculating dogs with rabies vaccine, file and maintain with the City Clerk of the City a fee schedule for such services which shall indicate thereon fees applicable for inoculating one (1) dog during any one (1) day, from two (2) to twenty (20) dogs during any one (1) day, from twenty-one (21) to one hundred (100) during any one (1) day and for one hundred (100) or more dogs during any one (1) day.
41.4.4 CERTIFICATES OF RABIES VACCINATION.
Every person practicing veterinary medicine in the City who vaccinates a dog with rabies vaccine shall issue to the person keeping, harboring or having such dog a certificate which is signed by said veterinarian and which states thereon the name and description of said dog, the date of such vaccination and the type of vaccine used, and shall send a duplicate copy thereof to the poundmaster.
41.4.5 PRESENTATION OF VACCINATION CERTIFICATE.
Every person applying for a dog license, either to the poundmaster or to the City Clerk, must exhibit a certificate issued by a person licensed by the State of California or by any other state or nation to practice veterinary medicine, which certificate shall show that the dog for which the license shall be issued either:
a) Has been vaccinated in accordance with the provisions of Section 41.4.1.;
b) Should not be vaccinated with rabies vaccine by reason of permanent infirmity; or
c) Should not be vaccinated with rabies vaccine by reason of a short-term illness for which such dog is being confined, in which case, a license shall be paid for and held either in the Office of the City Clerk or by the poundmaster until such time the aforesaid certificate of vaccination or of permanent infirmity is presented for such dog. A license shall not be issued unless and until such a certificate is so exhibited.
41.4.6 INFORMATION ON LICENSE.
At the time a dog license of the City is issued, it shall be stamped with the date of vaccination and the type of vaccine used as shown on said certificate, or if the license is issued as a result of the aforesaid certificate of infirmity, the words "No Vaccination Required" shall be stamped thereon. The tag issued with such license shall be worn at all times by the dog for which said license is issued.
41.4.7 DISPOSITION OF DOGS SUSPECTED OF HAVING OR OF DEVELOPING RABIES.
If the poundmaster suspects that any dog so impounded has rabies, he shall hold such dog for inspection by a health officer of Los Angeles County. In the event that such health officer shall determine that such dog is afflicted with rabies, it shall be disposed of or confined for such time as the health officer shall direct. In the event that such health officer suspects that such dog may develop rabies, it shall be confined for such time as the health officer shall direct. Whenever such health officer shall determine that such dog does not have rabies, it shall be released in accordance with the provisions of Section 41.2.12.
41.5.1 PROHIBITED.
It is unlawful for any person, as principal, agent, employee or otherwise, to maintain or cause or permit to be maintained any swine, hogs or pigs within the City.
41.6.1 SALE OF ANIMALS AS NOVELTIES ON STREET.
No person shall display, sell, offer for sale, barter or give away, upon any street or sidewalk, or other public place in the City, any rabbits, baby chicks, ducklings or other fowl, as pets or novelties, whether or not dyed, colored or otherwise artificially treated.
41.6.2 SALE OF ARTIFICIALLY COLORED ANIMALS.
(O-602)
No person shall sell, offer for sale, barter or display any rabbits, baby chicks, ducklings or other fowl which have been dyed, colored or otherwise treated so as to impart to them an artificial color.
41.6.3 PROPER BROODER FACILITIES REQUIRED.
No person shall sell, offer for sale, barter or give away any rabbits, baby chicks, ducklings or other fowl unless such person provides proper brooder facilities for the care of such fowl during the time they are in the possession of such person.
41.6.4 SALE OF ANIMALS UNDER FOUR WEEKS OF AGE.
No person shall sell, offer for sale, barter or give away any rabbits, baby chicks, ducklings or other fowl under four (4) weeks of age in any quantity less than six (6).
41.6.5 SCOPE OF ARTICLE.
This Article shall not be construed to prohibit the display or sale of rabbits, natural chicks, ducklings or other fowl, in proper facilities by dealers, hatcheries, or stores engaged in the business of selling the same, to be raised for food purposes.
41.7.1 MAINTENANCE OF BOVINE ANIMALS PROHIBITED.
It shall be unlawful for any person as principal agent, employee or otherwise to maintain or cause or permit to be maintained or kept on any premises in the City, any bulls, steers, cows (both dry and milking), calves or any bovine animal of any kind.
41.8.1 KEEPING OF PIGEONS AND DOVES.
(Amended by O-1544; O-1545; O-1598; O-3252; O-3825)
Notwithstanding any other provision of this Code, it is unlawful and a public nuisance to keep more than four (4) pigeons and doves under one (1) ownership or upon any one (1) parcel of land in any zone except with a special permit from Community Development or Animal Control as provided in Section 41.11.1.
41.8.2 SAME. ERECTION OR MAINTENANCE OF HOUSES, ETC. WITHIN THIRTY-FIVE FEET OF DWELLINGS.
(Amended by O-3152)
No person shall erect or maintain any pigeon house, dovecote or other structure or place where pigeons or doves are kept, or keep any pigeons or doves within thirty-five (35) feet of any dwelling house, provided, however, that:
a) Pigeons and doves may be kept in a pigeon house, dovecote, other structure, or in any cage or other enclosure if it be enclosed in such manner as to prevent the escape of any pigeons or doves therefrom, and if situated outside required yard setbacks and if such structures do not preempt the required open space and land coverage requirements.
b) Carrier and homing pigeons, which are not raised or kept for the market or any other commercial purpose, may be kept and liberated for exercise or racing within not less than thirty-five (35) feet from any door, window or other opening of any dwelling.
41.8.3 REQUIREMENTS AS TO LOFTS OR HOUSES FOR KEEPING CARRIER AND HOMING PIGEONS.
(Amended by O-3252)
The lofts or pigeon houses for the keeping of carrier and homing pigeons shall be elevated at least eighteen (18) inches above the ground or other foundation, upon postlegs or pillars, or shall have rodentproof concrete floor if on the ground and shall be soundly constructed and landscaped to blend in with and conform to surrounding areas.
It shall be the duty of each person owning carrier and homing pigeons to scrape or clean such pigeon loft and house wherein such carrier or homing pigeons are kept at least once each week.
41.8.4 CONFINEMENT OF HOMING AND AIR PERFORMING PIGEONS.
Homing and air performing pigeons shall be confined within the lofts or flypen, except during periods not to exceed one and one-half (1-1/2) hours in the morning and during a like period in the afternoon.
41.8.5 PERMITTING HIGH-FLYING PIGEONS TO FLY.
High-flying pigeons may be permitted to fly at large at the discretion of their owner; provided, that flights are continuous and that such pigeons return to their loft immediately upon completion of such flight.
41.8.6 KILLING, CAPTURING, ETC. OF PIGEONS.
No person, except the owner thereof, shall catch, kill, capture or detain any homing, high-flying or air performing pigeon, which at the time of its capture or detention has upon its leg a seamless numbered band as issued by any national pigeon organization or by the United States Army, Navy or Marine Corps; or which has upon its leg a band bearing the name or initials of its owner; or which has the name of its owner stamped upon a tail or wing feather. No person shall molest a pigeon of the above description that has been grounded by injury or bad weather.
41.9.1 UNLAWFUL TO KEEP A DANGEROUS ANIMAL.
(Amended by O-3825)
a) No person shall keep, harbor or own any dangerous dog or other dangerous animal within the City, except in accordance with the provisions of this Article 9. A dog or other animal is deemed to be dangerous when unprovoked it causes severe injury.
1) "Severe injury" is defined as any physical harm to a human being that results in a serious illness or injury, including but not limited to a major fracture, muscle tears, or disfiguring lacerations requiring multiple sutures or corrective or cosmetic surgery.
41.9.2 IMPOUNDMENT OF ATTACKING OR BITING ANIMAL.
(Amended by O-3825)
a) Any police officer, Animal Control officer or the Poundmaster shall have the authority to summarily and immediately impound a dog or other animal where there is evidence it has attacked, bitten or to otherwise have injured any person or other domestic or farm animal.
b) Any of such officials may enter and inspect private property to enforce the provisions of this Article.
c) Any person keeping or harboring such dog or other animal subject to being impounded who fails to surrender such animal to such official upon demand shall be guilty of a misdemeanor.
d) If such dog or other dangerous animal cannot be safely taken up and impounded, it may be destroyed forthwith by such police or Animal Control officer.
41.9.3 ALTERNATIVE CONFINEMENT.
(Amended by O-3825)
a) In lieu of impound, any police or Animal Control officer or the Poundmaster may permit the dog or other animal to be confined at the owner’s or custodian’s expense in an approved dog kennel or veterinary facility or at the owner’s or custodian’s residence, provided that the owner or custodian:
1) Shall not remove the dog or other animal from the kennel, veterinary facility or residence without the prior written approval of Animal Control or the Poundmaster; and
2) Shall make the dog or other animal available for observation and inspection by Animal Control, the Poundmaster, and law enforcement personnel.
b) Animal Control or the Poundmaster may have a dog or other animal impounded or confined, as provided in Sections 41.9.2 and 41.9.3, permanently identified by means of photo and other identification prior to release from impound or confinement.
41.9.4 DELEGATION OF AUTHORITY.
(Amended by O-3825)
Any authority or duties of the Poundmaster or Animal Control set forth in this Article 9 may be delegated to employees and assistants of the Poundmaster or Animal Control, as the case may be.
41.9.5 DANGEROUS OR POTENTIALLY DANGEROUS ANIMAL HEARING.
(Amended by O-3825)
a) The City Manager or his/her designee shall act as a neutral hearing officer and conduct a hearing to determine whether or not a dog or other animal confined or impounded pursuant to Section 41.9.2 or 41.9.3 is a dangerous or potentially dangerous animal.
b) Determination of potentially dangerous status shall be based on the definitions below and the evidence listed in Section 41.9.9. Determination of dangerous status shall be based on the definition set forth in Section 41.9.1.
1) A dog or other animal is deemed to be potentially dangerous when it:
A) On two (2) separate occasions within the prior thirty-six (36) month period engaged in any unprovoked behavior that requires a defensive action by a person to prevent bodily injury to a person, domestic animal or farm animal off the property of the owner or custodian of the dog;
B) Unprovoked, bit a person or otherwise engaged in aggressive behavior causing a less severe injury than that defined in Section 41.9.1;
C) Unprovoked, killed, seriously bit, inflicted injury or otherwise caused injury to a domestic animal or farm animal off the property of the owner or custodian of the dog.
41.9.6 NOTICE TO APPEAR.
(Amended by O-3825)
a) Animal Control shall commence a hearing by issuing to and serving a written notice upon the owner of the dog or other animal. Notice shall be served at least ten (10) days prior to the date set for the hearing. The notice shall state in clear and concise language:
1) The purpose and reason for holding the hearing; and
2) The time and place where the hearing is to be held.
b) Any written notice provided for in this Section shall be served upon the owner of the dog or other animal by personal service, posting or certified mail, or a combination of the above. Service by posting is complete upon posting.
c) Animal Control may continue the hearing from time to time upon good cause being shown.
41.9.7 SUBPOENA POWER.
(Amended by O-3825)
Animal Control is authorized and empowered to summon witnesses for the hearing by requesting the City Clerk to issue subpoenas requiring the attendance of such witnesses at the time and place specified. Such subpoenas shall be signed by the Mayor and attested by the City Clerk prior to issuance.
41.9.8 WITNESSES.
(Amended by O-3825)
At the hearing, the owner of the dog or other animal, the complainant or complainants, if any, and Animal Control shall be given an opportunity to present evidence, and call and cross-examine witnesses.
41.9.9 EVIDENCE.
(Amended by O-3825)
a) Hearings will be conducted in an informal manner. The formal rules of evidence shall not apply.
b) In making a determination that a dog or other animal is or is not dangerous or potentially dangerous, evidence of the following may be considered:
1) Any previous history of the dog or other animal attacking, biting or causing injury to a person or other domestic or farm animal;
2) The nature and extent of injuries inflicted and the number of victims involved;
3) The place where the bite, attack or injury occurred;
4) The presence or absence of any provocation for the bite, attack or injury;
5) The extent to which property has been damaged or destroyed;
6) Whether the dog or other animal exhibits any characteristics of being trained for fighting or attack or other evidence to show such training or fighting;
7) Whether the dog or other animal exhibits characteristics of aggressive or unpredictable temperament or behavior in the presence of human beings or dogs or other animals;
8) Whether the dog or other animal can be effectively trained or retrained to change its temperament or behavior;
9) The manner in which the dog or other animal had been maintained by its owner or custodian;
10) Any other relevant evidence concerning the maintenance of the dog or other animal;
11) Any other relevant evidence regarding the ability of the owner or keeper or the City government to protect the public safety in the future if the dog or other animal is permitted to remain in the City.
41.9.10 REPORTING.
A recording or transcript of the hearing shall be taken.
41.9.11 HEARING OFFICER FINDINGS.
(Amended by O-3825)
The Hearing Officer shall issue findings after the hearing. The findings shall contain a summary of the evidence, including oral testimony, and shall state the Hearing Officer’s findings and recommendation. Findings must be based upon definitions listed in Sections 41.9.1 and 41.9.5 as well as evidence listed under Section 41.9.9(1) through 41.9.9(11). The findings shall be a public record and shall be served upon the owner of the dog or animal in accordance with the provisions of Section 41.9.6.
41.9.12 DISPOSITION OF DANGEROUS ANIMALS.
(Amended by O-3825)
a) It is unlawful for any person to own, possess, harbor or keep any dog or other animal declared by the Hearing Officer, after a hearing, to be dangerous.
b) Any dog or other animal declared by the Hearing Officer to be dangerous, if not already impounded by the City, shall be immediately surrendered to the Poundmaster to be taken up and impounded.
c) Any dog or other animal declared to be a dangerous animal shall be humanely destroyed. Animal Control shall sign an order authorizing the destruction of the dog or other animal no earlier than five (5) days following the determination of the Hearing Officer that the animal is dangerous; provided, however, that if the owner or custodian of the animal within such five (5) day period files a notice of appeal of such determination with the City Clerk, pays the filing fee therefor, and, if the animal has been impounded, pays to the Poundmaster the accrued and estimated cost of impoundment pending the decision on appeal of the Environmental Quality Commission, not to exceed Two Hundred Dollars ($200.00), then the order of destruction shall not be issued until at least three (3) days following an affirmance by the Commission of the determination of the Hearing Officer that the animal is dangerous.
41.9.13 REVOCATION OF LICENSE.
(Amended by O-3825)
If it is determined by the Hearing Officer that the dog or other animal is not dangerous or potentially dangerous, but that the bite, attack or injury was the result of improper or negligent training, handling or maintenance, the dog license or animal permit may be revoked by Animal Control if it is determined that the owner or custodian is unable or unwilling to properly train, handle or maintain the dog or other animal and a similar incident is not likely to occur in the future with proper training, handling or maintenance.
41.9.14 REISSUANCE OF LICENSE.
(Amended by O-3825)
a) In the event of such a determination that a dog or animal is not dangerous or potentially dangerous due to or as a result of negligent training, handling or maintenance, in lieu of license revocation, Animal Control may reissue the license with protective conditions if Animal Control determines that the owner or custodian is able to properly train, handle and maintain the dog or other animal and a similar incident is not likely to occur in the future with proper training, handling or maintenance.
b) In such event, the license shall be subject to such reasonable terms, conditions and restrictions as shall be imposed for the training, handling and maintenance of the dog which Animal Control determines are necessary to protect the public health, safety and welfare, including but not limited to the following:
1) To keep the animal confined in its premises in an enclosure approved by Animal Control;
2) To keep the animal securely muzzled, leashed and under the control of a person eighteen (18) years of age or older, who is physically capable of restraining the animal when it is not contained in a secure pen;
3) To immediately inform any city, county, postal service, utility company employee and anyone else who comes onto the property with implied consent, or peaceably and lawfully, of the animal’s dangerousness and to inform applicable public agencies again if the animal is moved to another location.
41.9.15 REMOVAL OF ANIMAL FROM CITY.
(Amended by O-3825)
If a dog or other animal has been impounded or confined pursuant to Section 41.9.2 or 41.9.3 and its license or permit has been revoked pursuant to Section 41.9.13 and the owner or custodian wishes to reclaim and remove it from the City, the Poundmaster shall release it; provided, that the dog or other animal is taken to its new location immediately and directly upon its release from impound or confinement. Failure to remove the dog or other animal immediately and directly from the City upon release from impound or confinement is a misdemeanor.
41.9.16 DISPOSITION OF ABANDONED ANIMAL.
(Amended by O-3825)
a) Any dog or other animal which has previously been impounded or otherwise confined and which has not been claimed within five (5) calendar days of service of a notice of revocation of its license or permit shall be deemed abandoned and shall be disposed of by the Poundmaster in accordance with this Article.
b) Notwithstanding subsection (a) of this Section, the owner may enter into a written agreement with Animal Control to take additional time to remove, or to cause the dog or other animal to be removed, to a new location outside the City. Such additional time shall not exceed ten (10) days. For each additional day agreed to, the pound fees shall be paid prior to the release of the dog or other animal.
41.9.17 RETURN OF IMPOUNDED DOG TO OWNER.
(Amended by O-3825)
A dog or other animal, impounded pursuant to the authority of this Article, shall be returned to the owner or custodian as provided in Article 2 of this Chapter (Section 41.2.1 et seq.) or when it is no longer required as evidence, or if a notice of a hearing pursuant to Section 41.9.6 to declare the dog or other animal a dangerous or potentially dangerous animal has not been served on the owner or custodian within ten (10) days after the impoundment, or if it is not to be disposed of in accordance with the other provisions of this Article.
41.9.18 IDENTIFICATION PRIOR TO RELEASE.
(Amended by O-3825)
Any dog or other animal impounded or confined in accordance with the provisions of this Article shall be permanently identified by the Poundmaster by the use of photographs or permanent markings, or both, prior to its release from impound or confinement.
41.9.19 APPEAL TO COMMISSION.
(Amended by O-3825)
The determination of a Hearing Officer that a dog or other animal is a dangerous or potentially dangerous animal pursuant to the provisions of Section 41.9.5 or to revoke a license pursuant to the provisions of Section 41.9.13 or to reissue a license pursuant to the provisions of Section 41.9.14 may be appealed by any interested person to the Environmental Quality Commission in accordance with the provisions of Article 5, Chapter 1 of Division 1 of this Code (Section 11.5.1 et seq.), subject to the provisions of this Article; however, the decision of the Environmental Quality Commission shall be appealable to the City Council.
ARTICLE 10 - KEEPING OF BEES
(Added by O-3252; Amended by O-3792)
41.10.010 DEFINITIONS.
As used in this Article, the following words, terms and phrases will have the meanings ascribed to them in this Section.
a) "Apiary" means the assembly of one (1) or more colonies of bees at a single location.
b) "Bee" means any stage of the common domestic honey bee, Apis mellifera species. Africanized honey bees shall be prohibited.
c) "Beekeeper" means a person who owns or has charge of one (1) or more colonies of bees.
d) "Colony" means one (1) hive and its contents and appurtenances, including bees, comb, honey, pollen, brood and appliances.
e) "Hive" means a structure for the housing of a bee colony.
f) "Requeen" means to replace the queen bee in a colony with a younger and more productive queen, a common practice to prevent bee swarming.
41.10.020 APPLICABILITY.
a) It is unlawful for any person to keep bees or permit the keeping of bees within the City of Torrance except:
1) The keeping of bees will be permitted on land which is zoned for industrial uses provided:
A) A permit for keeping bees shall first have been issued by the Environmental Quality and Energy Conservation Commission, pursuant to reasonable rules for application as may be established by that Commission, and subject to any conditions imposed.
B) The hive in which any such bees are kept shall be no nearer than three hundred (300) feet from any residence except that of the owner or keeper of the bees, and no nearer than one hundred (100) feet from any property line.
2) The keeping of bees will be permitted on land which is used as a single-family residence provided:
A) A special animal permit for keeping bees must first have been issued by the Director of Community Development, pursuant to reasonable rules for application as may be established, and subject to any conditions imposed.
B) The number of hives will be limited to one (1) for every two thousand five hundred (2,500) square feet of lot area, and there will be a maximum of no more than two (2) hives per property.
C) The hive must be placed in the rear yard of the property, and no nearer than fifteen (15) feet from the rear property line, and no nearer than ten (10) feet from a side property line, with the hive entrance facing away from adjacent property lines.
D) The maximum size of the hive will be no larger than five (5) cubic feet.
E) The single-family residence must have a six (6) foot tall perimeter solid barrier, that may be vegetative, around the rear yard; or, the hive shall be placed at a minimum of eight (8) feet above ground level of the adjacent lot(s).
F) The hive must be maintained and continually monitored to ensure the bees remain healthy and the colony size remains manageable, to prevent swarming or aggressive behavior.
G) The application must make the property available at all reasonable times for an inspection by the City Manager, or his/her designee, without an inspection warrant to ensure compliance with code and special provisions that may be placed upon the permit.
H) A water source for bees must be provided at all times to discourage bee visitation at other water sources on surrounding property.
I) The applicant(s) must register the hive(s) as required by the California Food and Agricultural Code and the County of Los Angeles. Beekeepers must be registered with the Los Angeles County Agricultural Commissioner.
J) Hives must be requeened at least once every two (2) years to prevent swarming, or following any swarming or aggressive behavior.
K) The hive must be maintained in accordance with the most current best management practices as established by a professional beekeeping organization, such as the Los Angeles County Beekeepers Association or the Beekeepers Association of Southern California.
41.10.030 APPLICATION REQUIREMENTS.
a) An application for a special animal permit for keeping bees pursuant to Article 11 of this Chapter must be filed with the Community Development Director on a form provided by the Community Development Director with the applicable fee. The form must be fully completed and executed and returned to the Community Development Department. The application must include the following:
1) Complete applicant information including address, telephone number, and e-mail address;
2) Information pertaining to the applicant’s registration status with the County of Los Angeles;
3) Scaled plot plan indicating all site improvements and the location of proposed hive;
4) Details of the hive itself, including dimensions.
41.10.040 PERMIT ISSUANCE.
If all requirements of this Article are satisfied, the Community Development Director will issue a special animal permit within thirty (30) days of the filing of the application. If a special animal permit is not issued, the Community Development Director will notify the applicant in writing. The notice will set forth the Community Development Director’s reasons for denial and the procedures for an appeal of the Community Development Director’s determination.
41.10.050 APPEAL PROCESS.
Pursuant to Section 41.11.010(a)(8), the determination of the Community Development Director may be appealed to the Environmental Quality and Energy Conservation Commission, by any applicant who has been denied, or has been granted a special animal permit with conditions, or any other interested person. The appeal must be made in writing to the City Clerk within fifteen (15) days of the determination of the Community Development Director. The fee for such appeal, which must accompany the appeal, will be the same as for an appeal to the City Council not involving a public hearing, nor advertising. Notice of the time and place of the appeal hearing will be made to the proponent and any person appealing.
41.10.060 REVOCATION.
a) The Community Development Director may revoke a special animal permit for keeping bees upon notice and hearing for any violation of this Article.
b) Furthermore, at-risk individuals within the specified notification area—two (2) lots or parcels on either side of the subject property and the two (2) lots or parcels nearest behind the subject property—with adequate medical certification of a bee sting allergy may request that hives be removed from a neighbor’s property.
41.10.070 NUISANCE.
a) Bees or hives shall be considered a public nuisance when any of the following occurs:
1) Colonies of bees exhibit defensive or objectionable behavior, or interfere with the normal use of neighboring properties.
2) Colonies of bees are living in trees, buildings, or any other space except in hives.
3) Colonies of bees swarm.
4) Bees or hives do not conform to Federal, State, or local laws.
5) Hives are abandoned by the resident bees or by the owner.
6) Diseased bees.
b) It is unlawful and declared a public nuisance for any person who violates any provision of this Article. Any person in violation will be subject to civil action and/or criminal prosecution. Each day in which a violation is committed will constitute a new and separate offense. In addition, the maintenance of a hive considered a public nuisance may be abated or summarily abated by the City in any manner by this Code or otherwise by law for the abatement of public nuisances. Pursuant to Government Code Section 38773, all expenses incurred by the City in connection with any action to abate a public nuisance will be chargeable to the persons creating, causing, committing, or maintaining the public nuisance.
41.11.010 REQUIREMENTS FOR SPECIAL ANIMAL PERMITS.
(Amended by O-3397)
a) A special animal permit may be granted to: keep more than three (3) small animals of any one (1) species; keep more than four (4) pigeons and doves; keep an aggregate of more than four (4) small animals; keep bees; or keep hens, if the following requirements are met:
1) The applicant must show that a hardship exists such as prior ownership, family size, etc., or that extra animals will be used for educational or hobby purposes. The keeping of animals for commercial purposes is prohibited.
2) The keeping of bees must comply with the provisions of Article 10 of Chapter 1 of this Division.
3) The keeping of hens must comply with the provisions of Article 14 of Chapter 1 of this Division.
4) The yard area, fences, coops, hives, etc., must be sufficient to accommodate the proposed animals or bees in a safe and sanitary manner and in a manner to prevent nuisances caused by noise, odors or other causes to neighboring property owners or occupants. Special conditions may be imposed to mitigate possible nuisances.
5) Upon receipt of a completed application for a special animal permit to keep extra pigeons or doves, the Director of Community Development will notify, in writing, the residents, and owners if not residing on the property, within a three hundred (300) foot radius of the exterior boundaries of the property for which the special animal permit is sought to keep extra pigeons or doves.
6) Upon receipt of a completed application for a special animal permit to either keep extra small animals or keep bees, the Director of Community Development will notify, in writing, the residents and owners on two (2) lots or parcels on either side of the subject property and the two (2) lots or parcels nearest behind the subject property for which a special animal permit is sought to keep extra other small animals, bees, or hens. Those notified will have ten (10) calendar days in which to protest the application in writing.
7) An application for a special animal permit to keep hens is not subject to notification.
8) The applicant must make the property available at all reasonable times for an inspection by the Director of Community Development or his designee to insure compliance with Code and special provisions that may be placed upon the special animal permit. The special animal permit may be revoked by the Director of the Community Development Department if it can be shown that a nuisance to neighboring property owners or occupants exists or if provisions of the special animal permit are not complied with.
9) A fee of Twenty-Five Dollars ($25.00)* will be charged for a special animal permit to obtain the fourth animal of any one (1) species. A fee of Eighty Dollars ($80.00)* will be charged for a special animal permit to keep more than four (4) pigeons or doves, or to keep bees, or to keep hens.
10) A written objection in response to the notification of the Director of Community Development as provided in subsection (a)(6) of this Section, within the noted ten (10) calendar days of the date shown on the notification, will automatically deny the special animal permit application.
11) Any applicant who has been denied, or has been granted a special animal permit with conditions (to keep extra pigeons or doves, to keep extra small animals, or to keep bees), or any other interested person may appeal the denial or granting of the special animal permit (to keep extra pigeons or doves, to keep extra small animals, or to keep bees) by the Director of Community Development to the Environmental Quality and Energy Conservation Commission. The appeal must be made in writing to the City Clerk within fifteen (15) days of the determination of the Community Development Director. The fee for such appeal, which must accompany the appeal, will be the same as for an appeal to the City Council not involving a public hearing, nor advertising. Notice of the time and place of the appeal hearing will be made to the proponent and any person appealing.
12) A special animal permit to keep hens is not subject to appeal.
13) The decision of the Environmental Quality and Energy Conservation Commission will be appealable to the City Council pursuant to the provisions of Article 5 of Chapter 1 of Division 1 commencing at Section 11.5.1.
*Fees increased/decreased by future City-wide fee resolutions.
ARTICLE 12 - LOS ANGELES COUNTY ANIMAL CONTROL
(Added by O-3398)
41.12.1 ADOPTION OF TITLE 10.
That certain document, in book form, entitled Los Angeles County Code, Title 10, Animals, containing Sections 10.04.010 through 10.90.010, not less than one (1) copy of which has been and is now filed in the office of the City Clerk or the City of Torrance, is hereby adopted by the City Council of the City of Torrance as the Animal Control Ordinance of the City of Torrance.
ARTICLE 13 - FEEDING OF BIRDS
(Added by O-3757)
41.13.1 FEEDING BIRDS PROHIBITED.
a) It is illegal for any person to deposit on or in any public street, public right-of-way, sidewalk, public building, public parking lot, park or any other public property within the city any food or edible thing that can be consumed by birds.
b) It is illegal for any person, while on or in any public street, public right-of-way, sidewalk, public building, public parking lot, park or any other public property within the city, to feed or cause to be fed any bird.
c) Any violation of this section is a misdemeanor, or alternatively, an infraction.
d) This section may be enforced by a city police officer, animal control officer, animal control supervisor, code enforcement officer, or any City employee authorized under Section 11.2.5 of the Torrance Municipal Code.
ARTICLE 14 - KEEPING OF HENS
(Added by O-3801)
41.14.010 APPLICABILITY.
The keeping of hens will be permitted on land which is used as a single-family residence provided:
a) A special animal permit for keeping hens must first have been issued by the Director of Community Development, pursuant to reasonable rules for application as may be established, and subject to any conditions imposed.
b) There will be a maximum of no more than four (4) hens per property.
c) The hens will be properly housed and cared for to ensure healthy hens and a safe and sanitary environment.
d) Hens will be kept in a chicken coop or in any cage or other enclosure situated in the rear yard of the property and no nearer than fifteen (15) feet from the rear property line, and no nearer than ten (10) feet from a side property line, and if such structures do not preempt the required open space and land coverage requirements.
e) Hens and all activities related to the keeping of hens will be limited to the rear yard of the property, and the hens will not be allowed to run at large unattended.
f) Any chicken coop or cage or other enclosure in which hens are kept will be maintained and cleaned on a regular basis to ensure a sanitary environment. The chicken coop or cage or other enclosure will not exceed sixty (60) square feet in size.
g) The rear yard area and all other areas related to the keeping of hens will be maintained and cleaned on a regular basis to ensure a clean and sanitary environment, and prevent nuisances. The accumulation of manure and debris is unlawful and a public nuisance.
h) The miscellaneous activities related to the keeping of hens, such as storing feed, straw, or wood shavings, will be conducted in such a manner to prevent the attraction or perpetuation of bacteria, disease, pests, and vermin.
i) Unhealthy and/or diseased hens will be provided with immediate medical attention to prevent the spread of disease and sickness. Severely unhealthy and/or diseased hens will be properly disposed of, in accordance with all applicable City, County, and State laws, guidelines, and requirements. Keeping unhealthy and/or diseased hens is unlawful and a public nuisance.
j) In the event complaints are received concerning the manner of keeping the hens, health or safety hazards caused by the hens or the activities related to the keeping of hens, or a nuisance caused by the hens, the matter will be reviewed by the Director of the Community Development Department, and the special animal permit will be subject to either modification, abatement as provided for in Section 41.1.3, and/or revocation.
k) Roosters are farm type animals and will not be considered as pets. The keeping of roosters is unlawful and a public nuisance.
41.14.020 APPLICATION REQUIREMENTS.
a) An application for a special animal permit for keeping hens pursuant to Article 11 of Chapter 1 of this Division must be filed with the Community Development Director on a form provided by the Community Development Director with the applicable fee. The form must be fully completed and executed and returned to the Community Development Department. The application must include the following:
1) Complete applicant information including address, telephone number, and e-mail address;
2) Scaled plot plan indicating all site improvements and the location of proposed coop;
3) Details of the coop itself, including dimensions.
41.14.030 PERMIT ISSUANCE.
If all requirements of this Article are satisfied, the Community Development Director will issue a special animal permit within thirty (30) days of the filing of the application. If a special animal permit is not issued, the Community Development Director will notify the applicant in writing.
41.14.040 REVOCATION.
The Community Development Director may revoke a special animal permit for keeping hens upon notice and hearing for any violation of this Article.
41.14.050 NUISANCE.
a) The keeping of hens is unlawful and a public nuisance when any of the following occurs:
1) When the keeping of hens creates objectionable odors, noises, or hazards pursuant to Section 41.1.2(b); or
2) When the chicken coop or cage or other enclosure in which hens are kept and/or the rear yard area and all other areas related to the keeping of hens are not maintained and cleaned on a regular basis, resulting in a dirty and unsanitary environment; or
3) Unattended and/or unsupervised hens running at large; or
4) Unhealthy and/or diseased hens.
b) If it is determined that a nuisance exists, the special animal permit for keeping hens may be modified, may be subject to abatement per Section 41.1.3, or revoked per Section 41.14.040.
c) It is unlawful and declared a public nuisance for any person to violate any provision of this Article. Any person in violation will be subject to civil action and/or criminal prosecution. Each day in which a violation is committed will constitute a new and separate offense. In addition, the keeping of hens considered a public nuisance may be abated or summarily abated by the City in any manner by this Code or otherwise by law for the abatement of public nuisances. Pursuant to Government Code Section 38773, all expenses incurred by the City in connection with any action to abate a public nuisance will be chargeable to the persons creating, causing, committing, or maintaining the public nuisance.