Note: Prior history: 1953 Code §§ 4601, 4601.1,
4602, 4603, 4604, 4605 and 4605.1; Ords. 299 as amended by 672 and
853; 915.
For the purpose of this title, the words used in this chapter
shall have the meanings assigned them in this section, unless from
the context it appears a different meaning is intended.
means any compensation or monetary exchange for the purpose
of taking ownership or custody of an animal.
means any vertebrate creature, domestic or wild, and includes
these categories:
Dog.
"Dog" means any live or dead dog (Canis familiaris) over
four months of age.
Puppy.
"Puppy" means any Canis familiaris, live or dead, under four
months of age.
Cat.
"Cat" means any live or dead cat (Felis catus) over four
months of age.
Kitten.
"Kitten" means any Felis catus, live or dead, under four
months of age.
Livestock.
"Livestock" means horses, ponies, stallions, colts, geldings,
mares, sheep, rams, lambs, bulls, bullocks, steers, heifers, cows,
calves, mules, jacks, jennets, burros, goats, kids, swine, and confined
and domesticated hares and rabbits.
Poultry.
"Poultry" means all domesticated fowl and all game birds
which are held in captivity.
Feral animals.
"Feral animals" mean animals normally found in the wild state,
untamed and/or existing in a state of nature, which are being kept
for exhibition purposes or as private pets. Feral animals include,
but are not limited to, birds, amphibians and reptiles.
Exotic animals.
"Exotic animals" mean animals not native to the local environment,
which are being kept for exhibition purposes or as private pets.
means the animal services division of the Laguna Beach police
department.
means the supervisor or management employee designated by
the city manager to manage, supervise and oversee the animal services
division.
means any facility operated by the city of Laguna Beach or
its authorized agents for the purpose of housing, impounding, or caring
for animals held under the authority of this title or state law.
means any place or facility where animals (excluding dogs
and cats) are regularly bought, sold or traded, except for those facilities
otherwise defined in this title. This definition does not apply to
individual sales of animals by owners.
means any and all auctions carried out by a charitable organization
for the purpose of fundraising.
means a nonprofit organization which qualifies under Section
501(c)(3) of the Internal Revenue Code as a charitable organization.
means operated or carried on primarily for financial gain.
means any pet shop, commercial animal rescue shop, grooming
shop parlor, animal auction, animal dealer who operates for profit,
riding school or stable, zoological park, circus, performing animal
exhibition, commercial kennel/cattery, or animal shelter.
means any display containing one or more animals which are
exposed to public view for entertainment, instruction or advertisement,
excluding fairs, livestock shows, rodeos, purebred dog and pedigree
cat shows, obedience trials and competitions, field trials, and any
other fair or exhibition intended to advance agricultural arts and
sciences.
means a commercial establishment that offers dogs and/or
cats for a nonprofit adoption fee, and such dogs and/or cats are made
available to the establishment by nonprofit humane societies, animal
shelters, bona fide animal rescue organizations, or the city animal
shelter.
means an owner/lessor/breeder of dogs and cats who is licensed
to breed animals for resale, individually or in litter lots, whether
any of these animals are also kept for personal use.
means any person exhibiting any animals to the public for
compensation, such term including carnivals, circuses and animal acts
exhibiting such animals whether operated for profit or not.
means any person maintaining, for profit, an establishment
where animals of any species are kept for the purpose of breeding,
selling, grooming, boarding, or exhibiting such animals; or selling
animals of any species (excluding dogs and cats); or engaged in the
training of dogs.
means any person who, for compensation or profit, buys for
resale any animals (excluding dogs and cats), whether alive or dead,
for research, experimentation, testing or exhibition (except as an
exhibitor as herein described) or for use as pets.
means any structure used to immediately restrict an animal
or animals to a limited amount of space, such as a room, pen, run,
cage, compartment or hutch.
means any place where animals are groomed, clipped, bathed
or otherwise conditioned as pets and/or for show in exchange for a
fee, except as a service offered by commercial or service kennel and
cattery, or by a licensed veterinary hospital.
means the death of an animal brought about by an authorized
person and by intravenous injection of a barbiturate anesthetic/propylene
glycol mixture commercially available for this procedure.
means any nonprofit organization existing for the purpose
of preventing cruelty to animals, and which, on this basis, is or
would be found qualified for the exemption provided in Revenue and
Taxation Code Section 27103(d).
As used in this title, "includes" does not necessarily exclude
matters not specifically enumerated.
means any premises wherein any person engages in the business
of boarding, breeding, buying, letting for hire, or training for a
fee, or selling dogs or cats animals of any species; or buying and/or
selling animals of any species (excluding dogs and cats).
includes any document, tag or permit issued by the animal
services program, for:
means the legal owner or person in actual control of any
activities involving animals.
means any person who is the legal owner, keeper, harborer,
possessor or the custodian of an animal. Ownership is also established
by a person registering as the owner on a license or other legal document
or by a person claiming ownership and taking possession of an animal.
means the person with the right to possession or control
of the property or land.
means an authorization from the city, stating conditions
under which animals may be kept in commercial and private establishments.
includes any individual, business, partnership, firm, joint-stock
company, corporation, association, trust, estate or other legal entity
owning, harboring or keeping animals within the city.
means any animal kept for pleasure rather than utility.
means any person, partnership or corporation, whether operated
separately or in connection with another business enterprise except
for a licensed kennel, that buys for resale and sells at retail, sells
or boards any species of animal bred by others, whether as owner,
agent, or on consignment, and that sells or offers to sell to the
general public at retail.
means a person having bred, adopted, been given or purchased
a dog, cat or other animal permitted by this title, for his or her
personal use and enjoyment, and who keeps or maintains said animal
within the city for a period of more than seven days.
means owners and harborers of unwanted animals of any breed,
including crossbreeds, who provide food, shelter, confinement, licensing
and spaying/neutering for a group of animals.
means a dog or cat owner/fancier who breeds an occasional
litter of purebred animals for his or her personal use and enjoyment,
from animals personally owned or leased for the breeding, who sells
the resultant offspring neither for resale to commercial outlets,
nor for purposes of research, testing or laboratory experimentation.
means any organization sponsoring, and all persons participating
in, fairs, livestock shows, rodeos, purebred dog and cat shows, obedience
trials, field trials and any other fairs or exhibitions intended to
advance agricultural arts and sciences.
means an individual house, apartment, condominium or other
living quarters, which, along with its associated lot or premises:
Has a minimum of six thousand square feet and more than four
dogs and four cats over four months old and owned for the pleasure
and enjoyment of the animals' owners; or
Has five thousand square feet or more, but less than six thousand
square feet, and more than three dogs and three cats over four months
old; or
Has two thousand five hundred square feet or more, but less
than five thousand square feet and more than two dogs and two cats
over four months old; or
Has less than two thousand five hundred square feet and more
than one dog and one cat over four months old, and owned for the pleasure
and enjoyment of animals' owners.
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A private kennel/cattery shall not exceed a maximum of six dogs
and cats, with the exception that puppies or kittens from a female
on the premises may be kept up to the age of six months.
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includes license.
means a research laboratory, hospital, college or university
which:
means a state-licensed practitioner of veterinary medicine.
means any dog, which, twice within a twelve-month period,
has physically harmed, bitten, attacked or otherwise caused injury
to a person engaged in lawful activity, without provocation.
(Ord. 918 § 1, 1978; Ord. 1036 § 1, 1983; Ord. 1208 § 3, 1991; Ord. 1568 § 2, 2012; Ord.
1596 § 1, 2015)
Responsibility for Administration. The animal services manager
is charged with the administration of the animal services program
and the provisions of this title.
(Ord. 918 § 1, 1978; Ord. 1036 § 2, 1983)
The animal services manager, with the approval of the city manager,
may promulgate any necessary rules and regulations for the administration
of the provisions of this title.
(Ord. 918 § 1, 1978; Ord. 1036 § 3, 1983)
(a)
The
animal services manager, animal services officer, all peace officers
and any designated representatives of the animal services manager
are empowered to enforce the provisions of this title and any statute
of the state relating to animals, unless otherwise provided by law.
Animal services officers, accompanied by a police officer, may arrest
a person without a warrant whenever they have reasonable cause to
believe that the person to be arrested has committed a misdemeanor
in their presence which is a violation of any such statute or ordinance.
(b)
An
animal services officer, within the legal constraints of the law,
shall have the right to enter upon and inspect any public or commercial
property where animals are being kept, for the purpose of examining
or capturing any animal thereon. Any person who denies, prevents or
obstructs such access to such commercial premises is in violation
of the law.
(c)
No
person shall interfere with, oppose or resist any authorized person
charged with the enforcement of this title while such person is engaged
in the performance of his or her duties.
(d)
The
authority to carry firearms by animal services officers while performing
their duties shall be limited to the following:
(1)
Following proper training and approval of the animal services manager,
special services officers may carry a special immobilizing gun to
be used only with discretion on animals.
(2)
The animal services manager, within ninety days of the effective
date of the ordinance codified in this title, shall establish and
thereafter periodically review and revise as needed, a written policy
memorandum on the use of immobilizing guns. Immobilizing guns shall
be used in accordance with policies so established.
(Ord. 918 § 1, 1978)
No person shall conduct any rodeo or bullriding, calf-roping,
horse-bucking, steer wrestling, or any other similar exhibition or
activity or any activity whatsoever which involves cruelty to horses,
cattle or other animals.
(Ord. 915 § 1, 1977; Ord. 1036 § 11, 1983)
The owner of any dead animal, other than a rattlesnake or bat,
shall dispose of the carcass of such animal in a sanitary manner within
twenty-four hours after said owner has knowledge of the animal's death.
It shall be the duty of the animal services officer to take custody
of all rattlesnakes and bats, and dead animals from the owner when
requested.
(Ord. 918 § 1, 1978)
The animal services manager shall be responsible for the disposal
of all dead animals whose ownership cannot be established.
(Ord. 918 § 1, 1978)
Whenever deceased animals picked up by the animal services officer
carry identification of any kind, the owner shall be notified and
a notice shall be posted at the shelter giving such information in
an easily visible location.
(Ord. 918 § 1, 1978)
It shall be the duty of the animal services manager to maintain
all records related to or required by this chapter and to attempt
to identify any impounded, found or turned-in animal via registration
check, identification tags, lost reports and diligent search for any
tattoo marks.
(Ord. 918 § 1, 1978)
