City of Santa Monica, CA ANIMALS

Definitions.

"Bee"

shall mean any stage of the common domestic honey bee, Apis Mellifera species.

"Hive"

shall mean a structure for the housing of a bee colony.

"Requeen"

means to replace the queen bee in a colony with a younger and more productive queen, a common practice in beekeeping to prevent bee swarming.

General Requirements.

Hives may only be maintained on single-family residential property.

No more than two hives may be maintained on any single-family residential property.

All bee colonies shall be kept in inspectable hives consisting of moveable frames and combs.

Hives must be kept in sound and usable condition at all times.

(5)

Any person intending to maintain any bee hive on any single-family residential property within the City must first register with the City's Animal Control Office.

Hive Placement Requirements.

Hives shall be located at least five feet from all property lines.

Hive entrances shall face away from or parallel to the nearest property line(s).

Hives must either be screened so that the bees must fly over a six-foot barrier, which may be vegetative, before leaving the property, or be placed at least eight feet above the adjacent ground level.

Hive Management Requirements.

Hives shall be continually managed to provide adequate living space for their resident bees to prevent swarming.

Hives shall be requeened at least once every two years to prevent swarming.

A water source for bees shall be provided at all times on the property where the bees are kept to discourage bee visitation at swimming pools, hose bibs and other water sources on adjacent public or private property.

Hive maintenance materials or equipment must be stored in a sealed container or placed within a building or other bee-proof enclosure.

(e)

Nuisance. Bees or hives shall be considered a public nuisance when any of the following occurs:

Colonies of bees exhibit defensive or objectionable behavior, or interfere with the normal use of neighboring properties.

Colonies of bees swarm.

Bees or hives do not conform to this Code.

Hives become abandoned by resident bees or by the owner.

(f)

Penalties for Violations.

Any person violating this Section shall be guilty of an infraction, which shall be punishable by a fine not exceeding two hundred fifty dollars, or a misdemeanor, which shall be punishable by a fine not exceeding one thousand dollars, or by imprisonment in the County Jail for a period not exceeding six months or by both such fine and imprisonment.

Any person who violates any provision of this Section shall be subject to administrative fines and administrative penalties pursuant to Chapter 1.09 and Chapter 1.10 of this Code.

The remedies provided in this Section are not exclusive, and nothing in this Section shall preclude the use or application of any other remedies, penalties or procedures established by law.

(Prior code § 4112; amended by Ord. No. 2344CCS, adopted 1/11/11)

§ 4.04.140 Permit to keep certain animals.

Conditions. Whenever in this Chapter the keeping of certain animals is made conditioned upon the obtaining of a permit therefor from the Humane Officer or Health Officer, such permit shall be in writing and the Humane Officer or Health Officer shall state therein the conditions upon which it is granted and it shall be the duty of the permittee to comply with said conditions. Any such permit shall be revocable at any time by order of the Health Officer or by the Humane Officer. Any violation of the terms and conditions of any such permit shall be punishable in the same manner and to the same extent as any violations of this Code are punishable.

(Prior code § 4113; amended by Ord. No. 192CCS, adopted 7/12/49)

§ 4.04.150 Animals at large.

No person having control, charge or custody of any animal, shall permit the animal to stray, or run at large in or upon any private property without the property owner's or occupant's permission, any unenclosed private property or any public property, except as authorized by this Chapter. Any animal found straying or at large in or upon public property or private property may be impounded by the City. Any person violating this Section shall be guilty of an infraction which shall be punishable by a fine of not less than fifty dollars per violation with each day or partial day of violation counting as a separate offense.

In addition to the penalties herein above provided, any condition caused or permitted to exist in violation of the provisions of this Section shall be deemed a public nuisance and may be, by this City, summarily abated as such, and each day such condition continues shall be regarded as a new and separate offense.

(Prior code § 4114; amended by Ord. No. 1053, adopted 1/25/77; Ord. No. 1710CCS § 1, adopted 11/9/93; Ord. No. 1759CCS § 1, adopted 8/2/94; Ord. No. 2137CCS § 1, adopted 8/10/04)

§ 4.04.155 Dogs on public property.

No person having control, charge or custody of any dog shall permit the dog to be upon any public property, unless the dog is in the custody and control of a competent person and either:

Confined in an automobile; or

Restrained by a chain or leash six feet or less in fixed length.

Any person violating this Section shall be guilty of an infraction which shall be punishable by a fine of not less than fifty dollars per violation with each day or partial day of violation counting as a separate offense.

Notwithstanding the above, this Section shall not apply to dogs in any area designated by resolution of the City Council for use by dogs if the person having custody or control of the dog is in compliance with posted rules governing the use of the designated area.

(Added by Ord. No. 2137CCS § 2, adopted 8/10/04)

§ 4.04.160 Dogs—Prohibited public areas.

Except as expressly permitted by this Chapter, no person having control, charge or custody of any dog shall permit the dog to be in or upon a school ground, public building, tot lot, playing field, tennis court, basketball court, other game court, or the beach sands lying westerly of that street commonly known as Oceanfront Walk or northerly of the westerly prolongation of the center line of California Avenue. Any person violating this Section shall be guilty of an infraction, which shall be punishable by a fine of not less than fifty dollars per violation with each day or partial day of violation counting as a separate offense. In addition, any such dog found in any such prohibited place may be impounded as herein provided.

Notwithstanding the above, this Section shall not apply to:

Dogs which are being used by disabled persons as guide or service dogs, while such dogs are being used for such purposes;

Dogs in any area designated by resolution of the City Council for use by dogs if the person having custody or control of the dog is in compliance with posted rules governing the use of the designated area.

(Prior code § 4115; amended by Ord. No. 1501CCS, adopted 11/14/89; Ord. No. 1710CCS § 2, adopted 11/9/93; Ord. No. 1759CCS § 2, adopted 8/2/94; Ord. No. 2137CCS § 3, adopted 8/10/04)

§ 4.04.162 Prohibition of certain animals on public property.

It shall be unlawful for any person having control, charge or custody of any snake or other reptile, non-human primate (such as chimpanzees and monkeys), arachnids (such as spiders and scorpions), rodentia (rodents), lagomorpha (such as rabbits, hares, and pikas), or bird to permit such animal to be in or upon any City park, the beach, Interim Airport Open Space, Ocean Front Walk, the Pier, the Pier ramp, the Third Street Promenade, the Transit Mall, the Swim Center, and the public sidewalks and parkways immediately adjacent to any City park.

The following activities shall be exempt from the prohibitions contained in this Section:

Any person interacting with animals naturally inhabiting the public property; or

Any person transporting animals within a vehicle traveling on the public street; or

Governmental personnel operating on public property to protect public health, safety or welfare; or

Any other activity authorized by Federal or California State law.

(Added by Ord. No. 2481CCS § 1, adopted 3/24/15; amended by Ord. No. 2534CCS § 1, adopted 1/24/17)

§ 4.04.166 Exception for permitted community events and filming.

Notwithstanding the prohibitions contained in Municipal Code Sections 4.04.150, 4.04.155, 4.04.160, and 4.04.162, animals may be present on public property in accordance with the terms and conditions of a community events permit or film permit issued by the City.

(Added by Ord. No. 2137CCS § 4, adopted 8/10/04; amended by Ord. No. 2393CCS § 4, adopted 2/28/12; Ord. No. 2481 § 2, adopted 3/24/15)

§ 4.04.170 Licensing of dogs.

Every person who harbors a dog within the City shall pay to the City an annual license tax in an amount to be established by resolution of the City Council. The City shall from time to time deliver to the person making such payment a license which shall describe the dog, together with a seal or metallic plate having thereon the number of such license, and figures indicating paid, provided the person making the payment has filed with the City a certificate indicating the dog has been vaccinated in accordance with this Chapter and State law; otherwise, a receipt for payment shall be issued. Duplicates shall be issued for lost tags for one dollar and fifty cents upon the filing of proof of such loss. Such metallic tags shall be attached to a collar or harness and such collar or harness with the attached tag shall be kept on such dog at all times, excepting as otherwise provided in the Code.

The license fee herein mentioned shall be due and payable on the 2nd day of January each year and shall expire on the 31st day of December next ensuing. Where a dog is acquired after the 2nd day of January, the license fee thereon shall be due on the date of acquisition of such dog for such calendar year and thereafter on the 2nd day of January of each succeeding year.

In the event that any person shall fail, neglect or refuse to pay the required license tax before the 1st day of April of each year, a penalty will be assessed, in addition to the prescribed license fee, in the amount of five dollars for every neutered male or spayed female dog and ten dollars for every un-neutered male or unspayed female dog.

The provisions of this Section shall not apply to:

Any dog not more than four months of age.

§ 4.04.275 Prohibition against procuring, performing or assisting in performing onychectomy (declawing) or flexor tendonectomy.

Owners of dogs certified as assistance dogs by the Animal Control Division pursuant to State law.

(Prior code § 4116; amended by Ord. No. 1329CCS, adopted 2/19/85; Ord. No. 2137CCS § 5, adopted 8/10/04)

§ 4.04.180 Refund of license fee.

Any person who harbors an unneutered male or unspayed female dog within the City, and who subsequently causes said dog to be neutered or spayed shall be entitled to a refund of the license fee paid hereunder for the year in which such dog is neutered or spayed upon presentation of proof to the City Clerk.

(Prior code § 4116A; amended by Ord. No. 997CCS, adopted 4/1/75)

§ 4.04.190 Unlicensed dogs.

The Humane Officer shall take possession of any dog, except those dogs not more than four months of age, found anywhere in the City without a collar or harness and tag as provided in this Code and shall impound the same under the provisions of this Code.

(Prior code § 4117; amended by Ord. No. 1329CCS, adopted 2/19/85)

§ 4.04.200 Dogs in kennels.

The annual license tax imposed upon a person harboring a dog shall not apply to any person conducting or maintaining a dog kennel in the City, but every person conducting or maintaining a dog kennel shall be required to pay the annual business license tax required for engaging in such business under the business license provisions of this Code.

(Prior code § 4118)

§ 4.04.210 Dogs on exhibition, or owned by non-residents.

Dog licenses shall not be required for dogs brought to the City exclusively for the purpose of participating in dog shows or exhibitions, nor to any dog in the care, custody and control or any person who is a non-resident of the City and who is sojourning therein for a period not exceeding fourteen days. Every such dog shall have attached to his or her collar or harness a license tag showing that a license has been issued for such a dog by a public agency in the United States for the current calendar year.

(Prior code § 4119)

§ 4.04.220 Care of female dogs.

No person having control, charge or custody of any female dog shall permit the same to stray or run or in any manner to be at large upon any unenclosed land, public street, or other public place in the City while such female dog is in the copulating season. Any dog found in any such place in violation of the provisions of this Section shall be impounded by the Humane Officer.

(Prior code § 4120)

§ 4.04.230 Taking possession of animals.

No person shall take the possession of any fowl, dog or other animal found running at large in the City, without notifying the Humane Officer at his or her headquarters within four hours after receiving possession of such fowl, dog or other animal, giving full description of the same, the address of the place where same may be found, and shall, upon demand of the aforesaid Humane Officer, surrender such fowl, dog or animal to him or her. Said Humane Officer shall impound such fowl, dog or other animal as in this Code provided, and it is hereby made the duty of any police officer who shall have any knowledge or notice of any person having in his or her possession any such fowl, dog or other animal, to report the same to said Humane Officer.

(Prior code § 4121)

§ 4.04.240 Animal control fees.

The City Council may, by resolution, establish fees and charges for services rendered in connection with the handling of animals at the Animal Control Center, including, but not limited to, fees and charges for the impounding, disposal, boarding, placement, and vaccination of animals.

(Prior code § 4122; amended by Ord. No. 1112CCS, adopted 1/9/79)

§ 4.04.250 Special fees for impounding.

Dogs. Notwithstanding the provisions of Section 4.04.240 of this Code, the fee for the impound of any dog which commits an act prohibited by either Section 4.04.150 or 4.04.160 and Section 4.04.370 of this Code shall be as follows:

IMPOUND	FEE
First Offense	$25.00
Second Offense	$35.00
Third and Subsequent Offense	$50.00

(Prior code § 4122A)

§ 4.04.260 Notice of impounding of animals.

The Humane Officer shall post in a conspicuous place in the office of the City Pound a notice displaying thereon the full description of each such bird, fowl or animal impounded. It shall be stated in said notice that if the bird, fowl or animal is not redeemed by the person entitled to the possession thereof within three business days, said animals shall become the property of the City. If the redemption is not made at the expiration of said period, the Humane Officer shall offer such bird, fowl or animal for sale, the sale price to be equivalent to the amount of charges which have accrued for impounding and boarding or otherwise caring for such animal, and if such total sum is not obtainable, then any portion thereof. As an alternative to the offer for sale of such bird, fowl or animal, or in the event no one shall accept such offer, the Humane Officer may humanely dispose of such bird, fowl or animal.

(Prior code § 4124)

§ 4.04.270 Proper care of animals.

Any person who harbors any bird, fowl or animal within the City shall supply the same sufficient sustenance and proper shelter.

(Prior code § 4125)

Prohibition. No licensed medical professional or other person shall perform, assist in the performance of, or procure the performance of an onychectomy (declawing) or flexor tendonectomy procedure by any means on any cat within the City.

Exception. Notwithstanding subsection (a), an onychectomy (declawing) or flexor tendonectomy procedure may be performed within the City if the procedure is necessary to address a medical condition of the cat, such as an existing or recurring illness, infection, disease, injury or abnormal condition in the claw, that compromises the animal's health. This exception does not allow procedures undertaken for cosmetic or aesthetic reasons or for any person's convenience.

Penalty. Any person who violates this Section shall be guilty of misdemeanor and shall be fined in an amount not to exceed five hundred dollars or be imprisoned for a period of six months, or both.

(Added by Ord. No. 2300CCS § 1, adopted 11/10/09)

§ 4.04.280 Dangerous animals.

Upon receiving an affidavit from any person who has been bitten by a dog, cat or other animal or from any person who has witnessed an animal biting a person or another animal, the Animal Control Officer shall investigate. If the investigation reveals facts which tend to show that the animal is dangerous, the Animal Control Officer may notify the person having the care, custody and control of such dog, cat or other animal in writing, that the animal must be kept at all times within an adequate enclosure on the property or premises where such person resides.

(Prior code § 4126; amended by Ord. No. 1997CCS § 1, adopted 12/19/00)

§ 4.04.290 Dangerous animal quarantine.

When a person having the care, custody and control of a dangerous dog, cat or other animal receives a notice from the Animal Control Officer ordering containment of the animal, that person must keep the animal securely restrained on his or her premises either by use of chain attached to the animal's collar or harness, or within an enclosure sufficiently strong to prevent the animal from escaping, until the Animal Control Officer issues a notice releasing the animal from containment. No transfer of the place of restraint can be made without the written consent of the Animal Control Officer. Failure to comply with the Animal Control Officer's order of containment shall be a misdemeanor.

(Prior code § 4127; amended by Ord. No. 1997CCS § 2, adopted 12/19/00)

§ 4.04.300 Vaccination of dogs.

Every person who owns or harbors a dog or dogs over four months of age in the City of Santa Monica shall have such dog or dogs vaccinated against rabies by a duly licensed veterinarian of his or her choice except as provided in Section 4.04.310 of this Chapter. Such vaccination shall be at intervals of twelve or twenty-four months depending on the type of vaccine used.

(Prior code § 4129; amended by Ord. No. 443CCS, adopted 5/13/58)

§ 4.04.310 Exemptions.

Section 4.04.300 shall not apply during such times as vaccination is refused by a licensed veterinarian because incompatible with the practice of veterinary medicine.

(Prior code § 4130; amended by Ord. No. 443CCS, adopted 5/13/58)

§ 4.04.320 Vaccination defined.

"Vaccination" and "vaccination against rabies" shall mean the inoculation of the dog with a chick embryo or nervous tissue vaccine approved by the United States Department of Agriculture, or any other vaccine approved by such department.

(Prior code § 4131; amended by Ord. No. 443CCS, adopted 5/13/58)

§ 4.04.330 Duty of persons performing vaccinations.

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

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

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

The year and serial number of the dog tag;

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

(e)

Such other information as the City Manager may require.

He or she shall immediately present one copy to the owner of the vaccinated dog and retain one copy. At the time of the vaccination of any dog, the veterinarian shall also deliver to the owner of the dog a tag as evidence of such vaccination. The tag shall be made of durable material suitable to be attached to the collar or harness of the dog and shall state the date of vaccination thereon. The City Clerk shall not issue any license where vaccination is required until there has been presented to him or her for examination a certificate showing said vaccination.

(Prior code § 4132; amended by Ord. No. 644CCS, adopted 3/24/64)

§ 4.04.340 Tag to be attached to dog.

Certificate Retained by Owner. Every owner of a dog shall attach the tag evidencing vaccination against rabies to the collar or harness of the vaccinated dog and such collar or harness shall be worn by the dog at all times. The copy of the certificate shall be retained by the owner or harborer of the vaccinated dog for inspection by the authorized persons.

(Prior code § 4133; added by Ord. No. 394CCS, adopted 2/14/56)

§ 4.04.350 Imported dogs.

Any person bringing any dog into the City shall comply with the laws, rules and regulations of the State of California and of the City of Santa Monica relating to dogs. Any dog brought into the City which has not been vaccinated within twelve months with nervous tissue or twenty-four months with chick embryo vaccine prior to importation shall be vaccinated within fifteen days after its arrival in the City. If the imported dog remains in the City for more than fifteen days, the dog shall be licensed in accordance with the provisions of this Article. A certificate of vaccination is issued by a duly licensed veterinarian from any other jurisdiction for the specific dog, establishing vaccination with an approved vaccine, may be accepted as evidence of vaccination.

(Prior code § 4134; added by Ord. No. 394CCS, adopted 2/14/56)

§ 4.04.360 Impounded dogs.

Whenever an owner of an impounded dog or any person desiring to possess any impounded dog takes said dog from the pound, said persons shall within ten days after securing the release of said dog, present to the Pound Master a certificate showing said dog has been vaccinated as required by this Chapter.

(Prior code § 4135; added by Ord. No. 394CCS, adopted 2/14/56)

§ 4.04.370 Dogs to be controlled so as not to commit nuisances.

No person having the right and ability to prevent the same, shall knowingly, carelessly, or negligently permit any dog to commit any nuisance upon any public property, including, but not limited to, public parks, streets, sidewalks, parkways, gutters and drains, or any improved private property other than that of the owner of said dog or person who has consented thereto. Any person violating this Section shall be guilty of an infraction, which shall be punishable by a fine of not less than one hundred dollars per violation.

(Prior code § 4136; amended by Ord. No. 1396CCS, adopted 1/13/87; Ord. No. 1710CCS § 3, adopted 11/9/93; Ord. No. 1759CCS § 3, adopted 8/2/94)

§ 4.04.380 Nuisance defined.

As used in Section 4.04.370, "nuisance" means depositing of fecal matter by any dog upon any public property, including, but not limited to, public parks, streets, sidewalks, parkways, gutters and drains, or any improved private property other than that of the owner of said dog or person who has consented thereto without the same being removed immediately by the owner or person having control of said dog.

(Prior code § 4137; added by Ord. No. 611CCS, adopted 6/11/63; amended by Ord. No. 1710CCS § 4, adopted 11/9/93)

§ 4.04.385 Material to remove dog feces.

No person shall walk, or otherwise have in his or her custody or control, any dog upon any public property, including streets, sidewalks, public parks, parkways and alleys, unless the person has in his or her possession, and in plain view, readily usable materials or implements sufficient to remove and to dispose of lawfully any fecal matter that may be deposited on the ground by the dog. Any person violating this Section shall be guilty of an infraction, which shall be punishable by a fine of not less than fifty dollars per violation.

(Added by Ord. No. 1710CCS § 5, adopted 11/9/93; amended by Ord. No. 1759CCS § 4, adopted 8/2/94)

§ 4.04.390 Restrictions upon feeding of animals and birds in specified areas.

No person shall feed any animal or bird in or on the area described in Section 3.36.150 of this Code, the Municipal and Newcomb Piers, the public beach, or in any designated off-leash area of a public park, without authorization from the City Manager or the City Manager's designee.

No person shall permit any food or other matter edible by animals or birds to remain on the ground after dispersing or dropping it in or on any park, designated off-leash area, the Municipal and Newcomb Piers, the public beach, or public street or sidewalk, without authorization from the City Manager or the City Manager's designee.

Any person violating any of the provisions of this Section shall be guilty of an infraction. Any person convicted of an infraction under the provisions of this Section shall be punishable by a fine of not less than five dollars and not more than twenty-five dollars. Each such person shall be guilty of a separate offense for each and every commission of any violation of any provision of this Section and shall be punished accordingly.

(Prior code § 4138; added by Ord. No. 1027CCS, adopted 2/24/76; amended by Ord. No. 2137CCS § 6, adopted 8/10/04; Ord. No. 2769CCS, 12/12/23)

§ 4.04.400 Powers and immunities of Animal Control Officers.

The City Council finds and declares that Animal Control Officers shall enforce laws of the State of California and municipal ordinances relating to the control of animals and have immunity from liability for acts performed in the course of such duties; that violators of animal control laws should be given the opportunity to be released on citation, rather than be taken into custody; that Animal Control Officers rather than Police Officers issue such citations; and that persons who refuse to sign citations be taken into custody by Police Officers and not by Animal Control Officers.

In the performance of their duties, Animal Control Officers shall have the power, authority and immunity of a public officer and employee as set forth in Penal Code Section 836.5 to make arrests without warrant whenever they have reasonable cause to believe that the person to be arrested has committed a public offense in their presence which is a violation of this Article, or of any ordinance of the City of Santa Monica or Penal Law of this state relating to the care, ownership, licensing, treatment and impounding of animals.

The term "arrest" as used in this Section shall mean the power to detain violators for a time sufficient to complete the processing of a citation and release pursuant to Sections 853.5 and 853.6 of the Penal Code, but shall not be construed as authority to take any such violators into custody.

Where it is necessary to make an inspection to enforce provisions of this Code, or where there is reasonable cause to believe that there exists a violation of this Code which may cause health or safety hazards to the community, the Animal Control Officer is authorized to enter upon private property at reasonable times to inspect or to perform duties authorized by this Code. If the property is occupied, the Animal Control Officer shall present his or her credentials to the occupant prior to requesting entry. If the property is unoccupied, absent exigent circumstances, the Animal Control Officer shall first make a reasonable effort to locate the owner or other person having charge or control of the property and request entry. If entry is refused or if the owner could not be located, the Animal Control Officer shall have recourse to the remedies provided by law to secure entry.

(Prior code § 4139; added by Ord. No. 1122CCS, adopted 4/24/79; amended by Ord. No. 2344CCS, adopted 1/11/11)

§ 4.04.410 Vicious dogs.

A City Animal Control Officer may issue a written notice to a person owning or harboring a dog to keep the dog muzzled and leashed if the Animal Control Officer determines, based upon clear and convincing evidence, that the dog is vicious or predatory in nature.

No person owning or harboring any dog that has been determined to be vicious or predatory shall allow or permit such dog to be upon the public streets, public sidewalks, public parks, or any other public place within the City, or upon any private property which is not fully enclosed by fence or other barrier, except when muzzled and held under leash by an able bodied person.

(Prior code § 4140; added by Ord. No. 1306CCS, adopted 4/24/84; amended by Ord. No. 2137CCS § 7, adopted 8/10/04)

§ 4.04.415 Appeals.

Any animal owner who is aggrieved by a decision of the Animal Control Officer made pursuant to Municipal Code Section 4.04.280 or 4.04.410 may obtain review of that determination by filing a notice of appeal with the Chief of Police who shall, after providing notice and an opportunity to be heard, render a final decision.

(Added by Ord. No. 2137CCS § 8, adopted 8/10/04)

§ 4.04.420 Enforcement.

Unless otherwise specifically provided, any person violating any provision of this Chapter shall be guilty of a misdemeanor, which shall be punishable by a fine not exceeding five hundred dollars per violation, or imprisonment in the County Jail for a period not exceeding six months, or by both fine and imprisonment, or shall be guilty of an infraction, which shall be punishable by a fine not exceeding two hundred fifty dollars.