Chapter 4.01 ANIMAL CARE AND CONTROL

Has bitten or caused serious injury to a person or domestic animal without provocation or has the propensity to attack or bite; or

Menaces or attempts to bite or attack any person without provocation, or destroys property; or

Engages in an attack which requires a defensive action by any person to prevent bodily injury or property damage when such person is acting in a peaceful and lawful manner; or

"Wholesale wild animal dealer"

Engages in or is found to have been trained to engage in exhibitions of fighting.

"Vicious dog"

does not include any dog assisting a peace officer engaged in law enforcement duties, or guide dogs for the blind or deaf, while performing their duties.

means a person engaged in the business of selling wild animals for the purpose of resale, or who sells wild animals to persons for use other than as pets.

"Wild animal"

means any wild, exotic, dangerous or non-domestic animal, of any age, both male and female, including but not limited to the following:

Small animals such as rabbits, squirrels, chipmunks, hamsters, caged mice, caged rats, guinea pigs, or animals of a general like character;

Chickens, hens, ducks, turkeys, guinea fowl, pigeons, pheasants, or birds of a general like character;

Small birds such as canaries, song birds, white doves, or birds of a general like character;

Parrots, parakeets, amazons, cockatiels, cockatoos, lories, lorikeets, love birds, macaws or similar birds of the psittacine family;

Mynah birds, ravens, steppe legal eagles, toucans or birds of a general like character;

Oxen, steer, bulls, cows, goats, hogs, pigs, sheep, or animals of a general like character;

Horses, colts, ponies, mules, burros, jacks, hinnies, jennies, or animals of a general like character;

Chinchillas, marmoset monkeys, squirrel monkeys, or animals of a general like character;

Any fish or aquatic animals of a general like character; and

§ 4.01.040 Animal care–General requirements.

Painted turtles, nonpoisonous lizards, snakes or reptiles of a general like character.

(Ord. 1984 § 1 (part), 5-23-1995)

§ 4.01.020 Interpretation of language.

The present tense includes the past and future tenses, and the future tense includes the present.

Each gender includes the other gender.

The singular number includes the plural, and the plural includes the singular.

"Shall" is mandatory and "may" is permissive.

(Ord. 1984 § 1 (part), 5-23-1995)

§ 4.01.030 Animal control fees.

Whenever provision is made in this title for the payment of fees, such fees shall be those which are from time to time established by the city or SEAACA, whichever is applicable.

(Ord. 1984 § 1 (part), 5-23-1995)

Animal Care–Requirements for Owners and Animal Establishments. Every person, within the city of South Gate, who owns any animal or who owns, conducts, manages or operates any animal establishment for which an animal license is required by this code, shall comply with each of the followings conditions:

All animals and all animal buildings or enclosures shall be maintained in a clean and sanitary condition.

All animals shall be provided with proper shelter and protection from the weather at all times.

All animals shall be supplied with sufficient good and wholesome food and water as often as the feeding habits of the respective animals require.

Every building or enclosure wherein animals are maintained shall be constructed of material easily cleaned and shall be kept in a sanitary condition. The building shall be properly ventilated to prevent drafts and to remove odors. Heating and cooling shall be provided as required, according to the physical need of the animals, with sufficient light to allow observation of animals and sanitation.

Every housing facility for animals shall be structurally sound and shall be maintained in good repair, to protect the animals from injury, to contain the animals and to restrict the entrance of other animals.

All animal buildings and enclosures shall be so constructed and maintained as to prevent escape of animals.

All animal rooms, cages, kennels and runs shall be of sufficient size to provide adequate and proper accommodations for the animals kept therein.

Every animal establishment shall isolate sick animals sufficiently so as not to endanger the health of other animals. Sick animals shall at all times be isolated from the other animals.

Animal establishments shall not display animals bearing evidence of malnutrition, ill health, unhealed injury or having been kept in an unsanitary condition.

Animal establishments shall not display any animal whose appearance is or may be offensive or contrary to public decency.

(k)

No person shall not allow the use of any tack, equipment, device, substance or material that is, or could be, injurious or cause unnecessary cruelty to any animal.

(l)

No condition shall be maintained or permitted that is, or could be, injurious to animals.

(m)

All animals shall be so maintained as to eliminate excessive and nighttime noise.

(n)

No animals shall be without attention more than twelve consecutive hours. Whenever an animal is left unattended at a commercial animal facility, the name, address and telephone number of the responsible person, shall be posted in a conspicuous place at the front of the property.

(o)

Every reasonable precaution shall be used to insure that animals are not teased, abused, mistreated, annoyed, tormented or in any manner made to suffer by any person or means.

(p)

All reasonable precautions shall be taken to protect the public from the animals and to protect the animals from the public.

(q)

All animal owners shall take any animal to a licensed veterinarian for examination or treatment, if the director finds this is necessary in order to maintain the health of the animal and orders the owner to do so.

(r)

No person shall not give an animal any alcoholic beverage, unless prescribed by a licensed veterinarian.

(s)

No person shall allow animals which are natural enemies, temperamentally unsuited or otherwise incompatible, to be quartered together, or so near each other as to cause injury, fear or torment. If two or more animals are so trained that they can be placed together and do not attack each other or perform or attempt any hostile act to the other, such animals shall be deemed not to be natural enemies.

(t)

Every working animal shall be given proper rest periods.

(u)

Confined or restrained animals shall be given exercise proper for the individual animal under the particular conditions.

(v)

No person shall work, use or rent any animal which is overheated, weakened, exhausted, sick, injured, diseased, lame or otherwise unfit.

(w)

No person shall allow any animal which the director has suspended from use to be worked or used until released by the director.

(x)

No person shall allow any animal to constitute or cause a hazard, or be a menace to the health, peace or safety of the community.

(y)

Every violation of an applicable regulation shall be corrected within a reasonable time as so specified by the director.

Sale of Live Animals–Prohibited at Swap Meets and/or Similar Establishments. Any person who maintains, operates, leases, rents or lends space at a swap meet shall not permit, cause, display for, or promote the sale of live animals at such swap meet. "Live animals" as defined by this section, shall include, but is not limited to dogs, cats, birds, fowl, rabbits, turtles, snakes, lizards and fish.

Young Fowl or Rabbits–Certain Acts Prohibited.

A person shall not:

Sell, offer for sale, barter or give away, as pets, toys, premiums or novelties any baby chickens, ducklings or other fowl under three months of age, or rabbits under two months of age; or

Color, dye, stain or otherwise change the natural color of the above-described fowl or rabbits; or

Bring or transport the above-described fowl or rabbits into the city of South Gate.

This section does not prohibit any act permitted or prohibited by Section 599 of the Penal Code or any other statute.

Young Fowl or Rabbits–Sale, Display and Maintenance Permitted When. This code does not prohibit the sale of any fowl or rabbit described herein, in proper facilities by breeders or stores engaged in the business of selling for commercial breeding or raising, or for food, or their exhibition at any fair, show or exhibit where such fowls or animals are displayed for commercial purposes and in the interest of improving agriculture or industry.

Animals in Stores or Conveyances.

No person shall bring any animal, or permit any animal to be brought into or remain in any room or place, other than a private home where food is not handled for commercial purposes, in which meat, fish, fowl, game, fruit, vegetables, bakery goods or any other food or food product is stored, kept, held, prepared, exposed or offered for sale, or sold for human consumption, or permit any animal to ride upon or get into or upon any wagon, or other vehicle in which any such articles offered or to be offered for sale for human consumption are being kept or transported.

This section does not apply to a sightless person who has charge or control of a guide dog.

Animal Feces.

No animal owner shall permit, either wilfully or through failure to exercise due care or control, any animal to defecate upon any of the following locations, unless the animal owner has obtained the consent of the person in lawful occupation of said location for the animal to do so:

Any sidewalk of any public highway;

Any floor of any common hall in any apartment house, tenement house, hotel or other multiple dwelling;

Any entranceway, stairway or wall immediately abutting on a public sidewalk;

(4)

The floor of any theater, shop, store, office building or other building used in common by the public;

(5)

The floor or stairway of any depot, station or public waiting room;

(6)

Any floor, stairway, entranceway, office, lobby or patio used in common by the public; or

(7)

Any lawn, yard or other private property, which is either improved or occupied.

It is unlawful for any animal owner to permit, either wilfully or through failure to exercise due care or control, any animal feces to remain upon any public or private property not owned or possessed by the animal owner; provided, that the animal owner shall immediately and securely enclose all feces deposited by such animal in a bag, wrapper or other container and dispose of the same in a sanitary manner. Every animal owner, when in charge of an animal on a location other than on such person's property, shall have in his possession a suitable wrapper, bag or container (other than articles of personal clothing) for the purpose of complying with the requirements of this section. Failure of the animal owner to carry such wrapper, bag or container as required herein, shall constitute a violation of this section and shall be punishable as a misdemeanor.

This section does not apply to a sightless person who has charge or control of a guide dog.

Public Nuisance and Penalty Therefor.

Any animal which molests passersby or passing vehicles; attacks other animals; trespasses on school grounds; is repeatedly at large; damages and/or trespasses on private or public property; barks, whines or howls in an excessive, continuous or untimely fashion so as to interfere with the comfortable enjoyment of life or property by an individual, shall be considered a public nuisance.

Every person who maintains, permits or allows a public nuisance to exist upon his property or premises, and every person occupying or leasing the property or premises of another and who maintains, permits or allows a public nuisance as described above to exist thereon, after reasonable notice in writing from the director has been served upon such person to cease such nuisance, is guilty of a misdemeanor.

The existence of such nuisance for each and every day after the service of such notice shall be deemed a separate and distinct offense.

Any person violating any provision of this section shall be guilty of either a misdemeanor or an infraction as determined by law enforcement officers, and shall be punished as provided in Chapter 1.56 of this code.

Keeping Diseased Animals Prohibited and Exception. No person shall keep any animal which is known or believed by him to be infected with any dangerous or communicable disease, or which is afflicted with any painful disease believed by him to be incurable, without first obtaining a permit to do so from the director.

Wild Animal–Distance and Enclosure Requirements.

Any animal defined as a "wild animal" in Section 4.01.010 of this code, except horses, colts, ponies, mules, burros, jacks, hinnies, jennies or animals of a general like character; shall, where practicable, be kept in an enclosure distant at least ten feet from each property line and distant at least thirty-five feet from any school, church, public building or hospital and from any door, window or other opening in any adjacent building which is designed, intended or used for residential purposes.

All horses, colts, ponies, mules, burros, jacks, hinnies, jennies or animals of a general like character; shall be kept, when not in use, in one of the stall spaces, and the property shall be kept in a clean and healthy condition, as determined by the code enforcement officer of the city.

Wild Animals–Exemptions to Applicability of Regulations. The provisions of this title shall not apply to any person keeping or maintaining in his possession or control any wild animal when such person is only transporting such animal through the city and has taken adequate safeguards to protect the public and has notified the director and the city's police department of the proposed route of transportation and time thereof.

Harboring Rats or Other Rodents Prohibited. It is unlawful for any person to maintain a rat or other rodent menace where animals are kept.

Animal Establishments–Liability for Acts of Employees. Any act or omission of a person employed by a dog kennel, cat kennel, pet shop, grooming parlor, animal menagerie or animal dealership, or other similar animal establishment, in caring for an animal is assumed to be an act or omission of the establishment's licensee.

Traps Prohibited. No person shall set or use any spring steel trap, number 1 or larger, in the city. This section shall not apply to gopher traps or any trap available for rent as provided for in Section 4.01.060(12) of this code.

Slaughter of Animals and Exception. No person shall wilfully slaughter or cause any animal to be slaughtered within the city. This section shall not apply to the following:

The slaughter of animals within an educational institution, physician's office or laboratory for medical research or other scientific purposes;

The slaughter of animals by a licensed veterinarian or by any commercial establishment duly licensed by the city and the United States Department of Agriculture as a slaughterhouse.

§ 4.01.050 Director of animal care and control.

Animal Carcasses. It is declared to be a nuisance and no person shall cause, suffer or permit the carcass of any animal to remain upon any lot, premises or place owned, controlled or occupied by him or it for a period of more than twenty-four hours, or to bury the carcass of any animal upon any premises owned, controlled or occupied by him or it in the city.

16.

Authority to Request Animals Not Be Sold For Medical Research. Notwithstanding the provisions of this code, the city council may, by written resolution, request that animals impounded according to the provisions of this code, not be sold for medical research, and upon such request, the director shall not sell such animals for medical research.

(Ord. 1984 § 1 (part), 5-23-1995; Ord. 2163 § 2, 4-27-2004)

Director of Animal Care and Control Defined. For purposes of this title, the term "director" is as defined in Section 4.01.010.

Exercise of Powers by Duly Authorized Representatives. Whenever a power is granted to, or a duty is imposed upon the director, the power may be exercised by the following duly authorized representatives, unless this code expressly provides otherwise:

Employees of the city, who have been empowered by the director with the right to issue citations and to issue all necessary rules and regulations to implement the provisions of this code and to do all things necessary and proper to effectuate the purpose and intent of this code.

Employees of SEAACA, acting in behalf of the city of South Gate in order to render and perform the animal care and control services set forth in this code and city of South Gate Contract No. 1565 - Agreement for Animal Control Services, and any amendments thereto. Such employees of SEAACA are empowered to issue citations and to issue all necessary rules and regulations to implement the provisions of this code and to do all things necessary and proper to effectuate the purpose and intent of this code.

Duties of Director.

The director shall enforce all of the laws of the city, county and state relating to the care, health and sanitary surroundings, treatment and impounding of animals and to the prevention of cruelty to animals in the city of South Gate. The director shall enforce any section of this code whether enumerated as a duty or not.

The director is empowered and authorized by and with the approval of the city council to establish, maintain and enforce any quarantine, sanitary testing and immunizing measures or to promulgate such rules and regulations as the director may deem proper and necessary.

The director shall supervise the examination and testing of animals or premises for the presence of contagious, infectious or communicable diseases; provide for the ante-mortem and post-mortem inspections of animals slaughtered and meat product prepared; provide for the sanitation of plants and premises upon which animals are kept or upon which such slaughtering and preparation are conducted; and provide for the identification and disposition of diseased animals, meats and meat products.

The director shall investigate within the city of South Gate any reported outbreak of contagious, infectious or communicable disease, the presence of which may constitute a menace to the health of animals in the city.

Inhumane Treatment–Enforcement of State Penal Code. It shall be the duty of the director to enforce those sections of the California Penal Code pertaining to the inhumane treatment of animals, and to take possession of animals so abandoned or neglected, and care for or dispose of same as provided for in the California Penal Code.

Determination of An Animal's Age. The age of any animal for purposes of this code shall be determined by the director.

Police Powers. The director is vested with the necessary police powers and duties of a police officer for the exclusive purpose of enforcing the provisions of this code. It is the duty of the director to make arrests and issue citations for violations of any of the provisions of this code.

Duties of SEAACA. SEAACA's duties shall include, but are not limited to the following:

Those duties as set forth in city of South Gate Contract No. 1565–Agreement for Animal Control Services and any amendments thereto, as kept on file in the office of the South Gate city clerk.

Maintaining all records and issuing all animal licenses required by this code and handling all animal care and control fees.

Right to Enter Upon Premises For Enforcement. The director or any police officer is authorized to enter upon any premises within the city of South Gate upon which any animal is kept or harbored, for the purpose of:

Taking up, seizing or impounding any animal found to be not licensed or vaccinated as required by this code or found running at large, staked, herded or grazing thereon, or in violation of this code; or

Determining whether any requirement or regulation of this code or state law relating to the care, treatment or impounding of animals or to the prevention of cruelty to animals is being violated.

Reasonable Cause to Enter Upon Premises For Enforcement. The director or any police officer are authorized to enter upon any premises within the city of South Gate as described in subsection 8 of this section, granted there is reasonable cause to believe there exists such violation of the provisions of this code, or other applicable law, and provided that:

If such building and/or property is occupied, the director or any police officer, shall first present proper credentials to the occupant and request entry, explaining the reasons therefor; and if such building and/or property is unoccupied, shall first make a reasonable effort to locate the owner thereof or other persons having authority over the building and/or property and request entry, explaining the reasons therefor; and

If entry into the building or upon the property be refused, the director or any police officer, shall obtain an inspection warrant pursuant to the provisions of the California Code of Civil Procedure for the entry and inspection of the building and/or the property; and

Notwithstanding the foregoing, if the director or any police officer, has reasonable cause to believe the keeping or maintaining of any animal is so hazardous, unsafe or dangerous as to require immediate inspection to safeguard the animal or the public health or safety, he shall have the right to immediately enter and inspect such building and/or property, and may use any reasonable means required to effect such entry and make such inspection, whether such building and/or property is occupied or unoccupied, and whether or not permission to inspect has been obtained. If the building and/or property is occupied, he shall first present proper credentials to the occupant and request entry, explaining his reasons therefor.

This section shall not prohibit the director or any police officer, from entering upon any public or private property in the city of South Gate for the purpose of capturing an animal running at large in violation of this code or other applicable law.

§ 4.01.060 Department of animal care and control.

Authorized Use of Tranquilizer Gun Equipment. The director, may designate certain supervisory and selected duly authorized representatives to transport and operate tranquilizer gun equipment for use in the capture and seizure of animals in circumstances where there is imminent danger to human life, public safety or extreme property damage.

(Ord. 1984 § 1 (part), 5-23-1995)

Establishment of Department of Animal Care and Control. The department of animal care and control under the administrative management of the director, is established.

Animals Maintained in Animal Shelters. All animals taken into custody by the director shall be placed and properly maintained in animal shelters in accordance with the provisions set forth in this code.

Capture and Custody of Animals. The director shall capture and take into custody:

Any dog which is not vaccinated in accordance with this code;

Any dog which is not licensed in accordance with this code;

Any other unlicensed animal, wild or domestic, which is required by this code to be licensed;

Any animal being kept or maintained contrary to the provisions of this code or any other applicable law;

Any animal running at large contrary to the provisions of this code, or any other applicable law;

Any sick, injured, stray, unwanted or abandoned animal;

Any animal delivered to the director, in which all title and interest is abandoned by owner;

Any animal for which owner is unable to care because of imprisonment, illness, bankruptcy, litigation or other contingency or in cases in which the animal owner cannot be found.

Interference With Duty–Penalties.

Any person who interferes with, obstructs, opposes, resists, attempts to deny or prevent the director in the performance of his official duties shall be guilty of a misdemeanor.

Any person who rescues or attempts to rescue any animal mentioned in this code from the possession of the director in the performance of his official duties shall be guilty of a misdemeanor.

Removing Animals From Custody. A person shall not remove any animal from the custody of the director, nor shall any person remove any animal from an animal shelter, without first paying the necessary fees and without receiving the permission of the director to do so.

Stealing or Driving Animals Away From Owner Prohibited. A person shall not steal, take, carry, lead or drive away the animal of another, with intent to permanently or temporarily deprive the owner thereof.

Pick-Up of Unwanted Animals. The director shall pick-up an unwanted animal when requested to do so by the animal's owner, upon payment of the appropriate fees to SEAACA.

Pick-Up of Dead Animals From Public and Private Property. The director shall pick-up and dispose of all dead animals on public highways and on public and private property within the city of South Gate, where the owner is unknown, or at the request of the animal's owner, upon payment of the appropriate fees to SEAACA. The director shall not pick-up any dead animals in garbage disposal districts where contractors are required to perform such service pursuant to contract.

Pick-Up of Dead Animals From Institutions or Businesses. The director shall pick-up or receive all dead animals from any research institution or animal-related business, such as a pet hospital, humane society, kennel, stable or veterinary establishment, or any commercial, industrial, educational, research, medical or other facility that deals with animals in connection with its operation, upon pavement of the appropriate fees to SEAACA.

Spay and Neuter Clinic. The director may establish a spay and neuter clinic as set forth in Section 4.01.090 of this code.

Public Education Programs. The director may establish public education programs as deemed necessary to carry out the department of animal care and control's duties and responsibilities for the humane treatment of animals.

Animal Traps–Rental Conditions. Members of the public may borrow animal traps to be used for the purpose of catching animals on their property. The director shall collect a fee for the use of all animal traps. If the trap is lost or damaged beyond repair, the director shall collect the actual cost of the trap for its replacement.

(Ord. 1984 § 1 (part), 5-23-1995)

§ 4.01.070 Apiaries.

Apiaries Prohibited. No person shall maintain an apiary, nor keep or permit the keeping of bees, within the city.

Penalty for Violations–Each Day As Separate Offense. Any person who maintains an apiary or keeps or permits the keeping of bees on any premises, in the city shall be guilty of a misdemeanor and shall be subject to a fine and/or penalty as set forth in Chapter 1.56 of this code for each day that the bees are kept in violation of this code.

(Ord. 1984 § 1 (part), 5-23-1995)

§ 4.01.080 Roosters.

Keeping of Roosters Prohibited. Notwithstanding anything to the contrary contained in this code, including licensing procedures, roosters are not permitted within the city limits except temporarily in an authorized animal control shelter.

Penalty for Violations–Each Day As Separate Offense. Any person who maintains a rooster, or keeps or permits the keeping of roosters on any premises, in the city shall be guilty of a misdemeanor and shall be subject to a fine and/or penalty as set forth in Chapter 1.56 of this code for each day that said rooster is kept in violation of this code.

(Ord. 1984 § 1 (part), 5-23-1995)

§ 4.01.090 Spaying and neutering.

Spay and Neuter Clinic. The director may establish a clinic, at which members of the public may have dogs and cats spayed or neutered in a humane manner upon payment of the appropriate fees to SEAACA for said services.

Spay/Neuter Consent Form. Any person submitting a dog or cat for the above service shall sign a consent form certifying thereon under penalty of perjury that he is the owner of the animal, or setting forth facts that he is otherwise authorized to present the animal for the above operation. Such person may be required to furnish proof of ownership or authority. The consent form shall contain a waiver of any and all liability of city, the director, SEAACA and any employees thereof for any injury or death to an animal arising out of the aforementioned operation or any services provided incidental thereto.

Animal Pick-Up Date. The director shall establish a date by which a person submitting an animal for the above operation shall pick up the animal or be subject to a reasonable board and care fee to commence the day after such pick-up date. Failure to pick up an animal within fifteen days of the pick-up date shall be deemed abandonment of the animal and the director may dispose of it by sale or destruction.

Spaying and Neutering Required Prior to Sale, and Exceptions. All dogs and cats sold by the director must be spayed or neutered prior to the sale thereof. The fee for any such services performed shall be paid at the time of purchase. SEAACA shall alter all dogs and cats which are eight weeks of age or older prior to adoption, unless a dog or cat is found to have a medical condition that would preclude surgery, in which case a deposit shall be collected by SEAACA. The deposit shall be refunded to the purchaser upon proof that spay or neuter services have been performed by a licensed veterinarian.

Spaying or Neutering Deposit Paid to Veterinarian. Whenever a dog or cat has been spayed or neutered as provided herein, the depositor shall be entitled to have the deposit paid to the licensed veterinarian performing the above operation, or the director may return the deposit to the person purchasing the dog or cat upon written statement or receipt from the licensed veterinarian that the dog or cat has been spayed or neutered.

Refund of Spaying or Neutering Deposit. If a dog or cat which was purchased from the director, while it was under the age of six months, dies or is destroyed prior to being spayed or neutered as required by this code, the purchaser shall be entitled to receive a refund upon presenting satisfactory proof to the director of such death or destruction. However, no refund shall be made where death or destruction occurs following the time within the aforementioned operation was required to be performed.

Spaying or Neutering Deposit Forfeited Without Proof of Operation.

Any dog or cat over six months of age at the time it is sold or given away shall be spayed or neutered within sixty days, or the deposit shall be deemed forfeited.

Any dog or cat under six months of age at the time it is sold or given away shall be spayed or neutered within sixty days after reaching the age of six months or the deposit shall be deemed forfeited.

The director may extend such time periods in writing upon the showing of good cause therefor.

Notice of Forfeiture of Spaying or Neutering Deposit. At least thirty days before the end of the sixty-day period, or any written extension thereof, the director shall send the purchaser notice by mail to the address on file with the director, informing purchaser that failure to furnish satisfactory proof of performance of the operation prior to the end of the sixty-day period or its extension shall result in forfeiture of the deposit. If said notice has been sent and the allotted time has elapsed without satisfactory proof of performance of the operation, the deposit shall be forfeited.

(Ord. 1984 § 1 (part), 5-23-1995)

§ 4.01.100 Dog licensing.

Issuance of Dog License Certificates and Dog License Tags. The director shall furnish a dog license certificate and metallic dog license tag with corresponding numbers to any person required by this code to obtain such, upon payment of the appropriate fees as set forth in the South Gate fee resolution.

Dog License and Registration Required. Every owner of a dog over four months of age, in the city, shall obtain a dog license and metallic dog license tag from the director for each such dog, and shall pay the licensing fees as set forth in the South Gate fee resolution. No owner of any dog over four months of age, in the city, shall fail, neglect or refuse to license and register such dog in accordance with the terms of this code.

Vaccination Certificate Requirement. Every person applying for a dog license must exhibit a vaccination certificate, issued by a licensed veterinarian, showing that the dog for which the dog license shall be issued to has either:

Been vaccinated in accordance with the provisions of this code; or

Is exempted from being vaccinated because the vaccination would jeopardize the health of such dog due to infirmity or other disability. In this case, the certificate shall state the infirmity or disability and the estimated date of termination thereof. This exemption shall be valid for a period not to exceed one year.

No dog license shall be issued unless and until a vaccination certificate is exhibited. The vaccination certificate must be valid throughout the entire licensing period.

Unvaccinated Dogs–Time Limit for Vaccination When Dog is Disabled. A person who obtains a dog license without submitting a vaccination certificate because the dog is infirm or disabled, shall within ten days after the termination of such infirmity or disability, cause such dog to be vaccinated as required by this code.

Unvaccinated Dogs–Licensing Permitted. The director may accept payment for any dog licensing fees for a dog that has not been vaccinated on condition that the owner of such dog, within five days thereafter, has such dog vaccinated and submits the required vaccination certificate to the director. Upon receipt of such vaccination certificate, the director shall issue the dog license and dog license tag.

Exceptions From Dog Licensing Requirement. The provisions of this code do not require either a dog license or dog license tag for:

Any dog found within the boundaries of the city, when the owner resides outside the city and such dog is wearing or has attached to it a dog license tag for the current year issued by another licensing agency; or

Any dog owned by or in the charge of any person who is not a resident of the city and is traveling through the city or temporarily sojourning for a period not exceeding thirty days; or

Any dog brought into the city and kept for a period not to exceed thirty days for the exclusive purpose of entering the same in any bench show, or dog exhibition, or field trials or competition; or

Any dog brought or sent into the city from any point outside for the exclusive purpose of receiving veterinary care in any dog hospital, in the event that such dog is kept at all times strictly confined within such hospital; or

Any dog wearing or having attached to it a dog license tag for the current year issued by another licensing agency when the dog owner has, within one year last past, moved his principal place of residence to the city.

Except, that each dog, regardless of where the owner may reside, must have current dog license; and the dog license tag must be securely affixed to the dog's collar while it is being used as a guard dog within the city.

Licensing of Dogs Discharged from Military Service–Period of Validity. Each dog license certificate and dog license tag provided for in this code for a dog which has been honorably discharged from the armed forces of the United States shall be of indefinite duration, so long as the same individual owns or harbors the same dog. No fee shall be charged for such dog license over and above the fee set forth in the South Gate fee resolution.

Licensing of Guide Dogs, Signal Dogs and Service Dogs–Period of Validity. Any person owning a guide dog, signal dog or service dog as defined in Section 4.01.010, shall procure a dog license and dog license tag, which shall be valid while such dog is owned by the same person on the condition that owner submits proof to the director that such dog has been successfully trained as a guide dog, signal dog or service dog and such dog is over the age of four months.

Transfer of Dog License–Prohibited. No dog license or dog license tag is transferable.

Keeping Unlicensed Dogs Prohibited–Exception. No person, other than a research institution, shall have, harbor, keep or cause to be harbored or kept, any unlicensed dog in the city.

Dog Licensing Fees.

Any owner, with the exceptions herein provided, of a dog required to be licensed according to the provisions of this code, shall obtain a dog license and pay an original or renewal dog license fee, as set forth in the South Gate fee resolution.

Dog license fees shall be due and payable within thirty days after any dog is acquired or comes into the care, custody and control of any person in the city. Renewal dog license fees shall be due and payable annually to the director.

Penalty Fees of Delinquent Payment of Dog Licensing Fees. A penalty fee, as set forth in the South Gate fee resolution, shall be assessed when the dog licensing fees provided for herein are not paid on or before the expiration date or the date the dog license is required to be obtained or renewed in accordance with the provisions of this code.

Dog License Fee Exemptions. Dog licensing fees shall not be required for the following categories of dogs:

Seeing-eye dogs;

Dogs honorably discharged from the Armed Forces of the United States;

Dogs in the care, custody and control of nonresidents who are traveling through the city, or temporarily staying in the city for a period not exceeding thirty days or dogs temporarily brought into the city for the exclusive purpose of being entered in a bench show or dog exhibition, provided such dogs are so entered and not kept elsewhere in the city;

Dogs which are owned by any governmental agency.

Dog License Fee Discount Rate for Spayed or Neutered Animals. Pursuant to the California Food and Agricultural Code, any dog license and dog license tag issued pursuant to this code shall be issued for one-half or less of the fee required if a certificate is presented from a licensed veterinarian showing that the dog has been spayed or neutered.

Dog License Fee Discount Rate Offered to Senior Citizens. Persons presenting proof and qualifying for senior citizen status shall be charged a reduced fee of one-half of the amount charged for regular dog licenses as set forth in the South Gate fee resolution. For purposes of this section only, persons over sixty years of age shall qualify for senior citizen status.

16.

Dog License Fee a Debt. The amount of any dog license fees imposed by this code shall be deemed a debt to the city and any person keeping any animal without having obtained a dog license and registration certificate from the city shall be liable to an action in the name of the city in any court of competent jurisdiction for the amount of the dog license fees and penalties imposed and required by this code to be paid for the privilege of keeping such animal and it shall be the duty of the director to cause a complaint to be filed against any person violating any of the provisions of this code. Such action shall be cumulative and shall not be deemed a bar to or a waiver of, the right of the city to prosecute any person for a violation of this part or any other applicable provision of this code.

17.

Duplicate/Replacement of Dog License Tags. A duplicate of a lost dog license tag may be procured from the director upon proof of loss and payment of fee as set forth in the South Gate fee resolution.

18.

Recordkeeping and Procurement of Dog Licenses and Receipts.

The director shall keep a record of the dog owner's name, address and telephone number, dog license certificate and dog license tag number and date of such certificate.

The director shall procure the number of dog license receipts and dog license tags needed each year and shall keep a register wherein shall be entered the name and address of each person to whom any dog license tag is issued, the number of such tag, the date of issuance thereof and a description of the dog for which issued.

When the director issues a dog license, the receipt therefor must show the age of the dog, the date of last vaccination and, if the dog license was issued without proof of vaccination, the reason therefor.

19.

Wearing of Metal Dog License Tags. Such metal dog license tag issued for the current license year shall be securely fastened to the collar, harness or other device which shall at all times be worn by such dog, except while such dog remains confined to the owner's house, enclosed yard or pen.

20.

Removal of Dog License Tag Prohibited. No unauthorized person shall remove from any dog, any collar, harness or other device which has a current dog license tag attached to it, or remove such tag therefrom.

21.

Counterfeit or Imitation Dog License Tags Prohibited. No person shall counterfeit or imitate the metallic dog license tags required by this code. No person shall attach to or keep upon any dog, or cause or permit to be attached or kept upon any dog, any counterfeit or imitation of any dog license tag provided for in this code.

22.

Refusing to Show Dog License or Dog License Tag–Unlawful. Any person upon whom any demand is made under authority of this code, for the exhibition of any dog license or dog license tag, who fails or refuses to exhibit the same if he has it in his possession, is guilty of a misdemeanor and shall be punishable therefor as herein provided.

(Ord. 1984 § 1 (part), 5-23-1995)

§ 4.01.110 Cat licensing–Optional.

Voluntary Cat Licensing Program. The director is authorized to establish a voluntary cat licensing program in order to provide a method for identifying cats.

Cat License Tags and Registration Optional. Any person owning any cat over four months of age, in the city, may obtain a cat license and cat license tag from the director for each such cat upon payment of the cat licensing fees set forth in the South Gate fee resolution. This section shall not require the licensing of cats, but merely provide for their optional licensing.

Issuance of Cat License Tags and Fees. The director shall furnish a cat license tag to any person wishing to participate in the voluntary cat licensing program as set forth herein, upon payment of the appropriate fees as set forth in the South Gate fee resolution. The cat license shall be valid for a period of one year.

Vaccination Certificate Requirement. Every person applying for a cat license must exhibit a vaccination certificate, issued by a licensed veterinarian, showing that the cat for which the cat license shall be issued to has either:

Been vaccinated in accordance with the provisions of this code; or

Is exempted from being vaccinated because the vaccination would jeopardize the health of such cat due to infirmity or other disability. In this case, the certificate shall state the infirmity or disability and the estimated date of termination thereof. This exemption shall be valid for a period not to exceed one year.

No cat license shall be issued unless and until a vaccination certificate is exhibited. The vaccination certificate must be valid throughout the entire licensing period.

Transfer of Cat License–Prohibited. No cat license or cat license tag is transferable.

Cat License Fee Discount Rate for Spayed or Neutered Animals. Any cat license and cat license tag issued pursuant to this code shall be issued for one-half or less of the fee required if a certificate is presented from a licensed veterinarian showing that the cat has been spayed or neutered.

Duplicate/Replacement of Cat License Tags. A duplicate of a lost cat license tag may be procured from the director upon payment of fee as set forth in the South Gate fee resolution.

Recordkeeping and Procurement of Cat Licenses, Cat License Tag and Licensing Receipts. The director shall keep a record of the cat owner's name, address and telephone number, cat license certificate and cat license tag number, date of such certificate and a description of the cat for which issued.

Wearing of Metal Cat License Tags. Such metal cat license tag issued for the current license year shall be securely fastened to the collar, harness or other device which shall be worn by such cat.

§ 4.01.120 Wild or vicious animals–Individual permits.

Removal of Cat License Tag Prohibited. No unauthorized person shall remove from any cat, any collar, harness, or other device which has a current cat license tag attached to it, or remove such tag therefrom.

(Ord. 1984 § 1 (part), 5-23-1995)

Wild and Vicious Animals Defined. As used in this chapter, the terms "wild animal" and "vicious animal" are as defined in Section 4.01.010 of this code, including but not limited to mammals, fowl, fish, serpents or reptiles.

Applicability of Section 4.01.120 and Exception. This section solely applies to permits for individual wild or vicious animals and does not apply to the following:

Individual dog or cat licensing as provided for in Sections 4.01.100 and 4.01.110.

Establishments where wild animals are kept or maintained for any purpose, such as dog kennels, cat kennels, pet shops, grooming parlors, animal menageries or wholesale animal dealerships;

Animals which are kept confined in any public zoo, museum or circus, carnival, exhibition or show;

Any person keeping, maintaining or having in his possession or control any wild animal or reptile when such person is transporting the wild animal or reptile through the city, has taken adequate safeguards to protect the public, and has notified the local law enforcement agency of the proposed route of transportation and time thereof.

Permit for Wild or Vicious Animal. Except as herein provided, no person shall have, keep, maintain or have in his possession or under his control within the city any wild animal or vicious animal, without first applying to and receiving a permit from the director to do so.

Keeping Wild or Vicious Animal Within Or Upon Own Premises. No person owning or having charge, custody, control or possession of any wild or vicious animal, reptile or serpent as described in this code, shall allow such animal, reptile or serpent within the enclosed premises of such person unless and until he has first secured a permit to do so and complies with all terms and conditions of such permit and, in addition thereto, such wild or vicious animal, reptile or serpent shall at all times be confined, controlled and restrained in a manner that will not endanger the life, limb or property of any person lawfully entering such premises.

Application For Wild or Vicious Animal Permit. An application for wild or vicious animal permit required pursuant to this section shall be filed with the director in writing and upon a form furnished by the director if so required. Said application shall be verified by the person who desires to have, keep, maintain or have in his possession or under his control, in the city, the wild or vicious animal or reptile for which a permit is required and shall set forth the following information:

Applicant's name, address and telephone number.

Applicant's interest in the wild or vicious animal or reptile.

The proposed location where the wild or vicious animal or reptile will be housed, and the name, address and telephone number of the owner of such location, and of the lessee, if any.

The housing arrangements for all such wild or vicious animals or reptile, with particular details as to safety of structure, locks, fencing, etc.

Any information known to the applicant concerning the vicious or dangerous propensities of the wild or vicious animal or reptile.

Safety precautions proposed to be taken.

Noises or odors anticipated in the keeping of such wild or vicious animal or reptile.

Prior history of incidents involving the public health or safety involving the wild or vicious animal or reptile.

The number and general description of all wild or vicious animals or reptiles for which the permit is sought;

Any additional information required by the director at the time of filing such application or thereafter.

Wild or Vicious Animal Permit Fees. The fee for a wild or vicious animal permit shall be as set forth in the South Gate fee resolution and shall be payable to the director at the time of filing the permit application. Accretions by natural birth shall not require additional permits during the period of a valid permit. Such fees are not refundable regardless of whether or not any permit is issued.

Review of Application For Permit. Upon receiving an application for a wild or vicious animal permit, the director shall send copies of such application to any and all law enforcement agencies and other departments or agencies from which information is sought. No permit shall be granted without receipt of a report from the departments or agencies to which copies of the application have been sent, unless waived by the director for good cause.

Appeal of Permit Application Denied. Any person dissatisfied with the ruling of the director may, within ten days thereafter, appeal the decision to the city council. Such appeal shall be a simple statement in writing setting forth in common terms the basis of said appeal. An appeal fee, as established by the director, shall be required for each appeal to the city council. No appeal shall be placed on the agenda of any meeting of the city council until such fee has been paid.

Permit Denied–Endangering the Public. Any wild or vicious animal permits shall be subject to any and all conditions that the director, or person or agency approving such permit deems necessary to ensure the public health, safety and general welfare. No wild or vicious animal permit shall be granted in any event for any wild or vicious animal, reptile or serpent, at any particular location except upon an explicit finding by the director or person or agency approving such permit that the issuance thereof will not be contrary to the public health, safety and general welfare.

Temporary Permits. The director may, following application for a wild or vicious animal permit and pending final disposition of the same, grant a temporary permit for the maintenance of any such wild or vicious animal or reptile, subject to any and all conditions that the director, in his sole discretion, deems necessary and requires to ensure the public health, safety and general welfare. No wild or vicious animal or reptile shall be otherwise kept or maintained within the city or permitted to occupy any premises within the city, except while such a regular or temporary permit is in full force and effect.

Result of Failure to Obtain Permit. The director shall take possession of any wild or vicious animal or reptile for which a permit has not been issued, or if a previously issued permit has been revoked, and keep the same until the proper permit has been secured by the owner thereof. The director shall release the wild or vicious animal or reptile to the owner when all applicable fees and charges have been paid and all laws and permit conditions have been complied with.

Term and Renewal of Permits. No wild or vicious animal permit shall be granted for a period in excess of one year. An application for the renewal of any wild or vicious animal permit shall be made not less than forty-five days prior to the expiration thereof, and shall be accompanied by the same fee as required for the original permit application, or the payment of a lesser fee when, in the opinion of the director the public health, safety and general welfare do not require further investigation prior to such renewal. A wild or vicious animal permit shall be renewed when it is deemed by the director that no further investigation is required prior to such renewal.

Revocation of Permit. The director may, for good cause, revoke any wild or vicious animal permit or modify any terms or provisions thereof, except for which wild or vicious animal permits that have been approved by the city council, after an informal public hearing and may, in the event it is deemed reasonably necessary to protect against an immediate threat or danger to the public health or safety, suspend any permit or portion thereof without hearing for a period not to exceed thirty days.

§ 4.01.130 Wild animal licenses for animal establishments.

Appeal of Permit Revocation. Any person aggrieved by the revocation of a wild or vicious animal permit may, upon payment of an appeal fee, have such revocation reviewed by the city council, but, the filing of an appeal with the city council shall not stay any order of suspension.

(Ord. 1984 § 1 (part), 5-23-1995; Ord. 2054 § 1, 11-24-1999)

Wild Animal Defined. As used in this chapter, the term "wild animal" is as defined in Section 4.01.010 of this code, including but not limited to mammals, fowl, fish, serpents or reptiles.

Applicability. This section solely applies to permits for individual wild animals, and does not apply to individual dog or cat licensing as provided for in Sections 4.01.100 and 4.01.110.

Requirement of Wild Animal License–Animal Establishments. No person shall, without first obtaining a wild animal license therefor from the director, conduct or operate any dog kennel, cat kennel pet shop, grooming parlor, animal menagerie or animal dealership, or keep any wild animal.

Wild Animal Licensing Exemptions. A wild animal license is not required for establishments containing:

Not to exceed two hen chickens;

Not to exceed two rabbits;

Not to exceed four combined total of rabbits and hen chickens;

Not to exceed four cats and eight young thereof up to six months in age;

Not to exceed four dogs and eight young thereof up to six months in age;

Not to exceed two ducks;

Not to exceed eight small fowl or birds such as canaries, song birds, pigeons, white doves or birds of a general like character;

Not to exceed two parrots, parakeets, amazons, cockatiels, cockatoos, lories, lorikeets, love birds, macaws or similar birds of the psittacine family;

Not to exceed two mynah birds, ravens, steppe legal eagles, toucans, or birds of a general like character;

Not to exceed four small animals such as squirrels, chipmunks, hamsters, caged mice, caged rats, guinea pigs, or animals of a general like character;

(k)

Not to exceed two chinchillas, marmoset monkeys, squirrel monkeys, or animals of a general like character;

(l)

Not to exceed four painted turtles;

(m)

Not to exceed three nonpoisonous lizards, snakes, or other nonpoisonous reptiles of a general like character or any combination thereof. No such reptile shall exceed thirty-six inches in length;

(n)

Horses, colts, ponies, mules, burros, jacks, hinnies, jennies the total number of which shall not exceed the total number of structural stall spaces which exist on the property as of May 22, 1986, and the number of which spaces have been registered with the director not later than July 22, 1986, on the condition that the properties on which they are located are accessible to a county or state designated horse riding trail without crossing a public street or highway.

Issuance of Wild Animal License and Fees. The director shall issue a wild animal license, upon the filing of the appropriate application with the director and the payment of the wild animal licensing fees as set forth in the South Gate fee resolution. Accretions by natural birth shall not require additional licenses during the period of a valid license. Such fees are not refundable regardless of whether or not any license is issued.

Information Required to be Shown on Wild Animal License. Every application for a wild animal license as required by this chapter, shall contain the following information:

The name and address of the person to whom such license is issued to;

The issuance and expiration date of such license;

The address at which the license permits the maintenance of the animal or animals;

The character thereof, such as a conditionally granted license;

The amount paid for the license;

Any other information required by law to be shown on a wild animal license.

Temporary Wild Animal Licenses. Upon receipt of the required wild animal licensing fees, the director shall issue to the applicant a receipt. Such receipt shall constitute a temporary wild animal license which shall expire upon the final determination of the application or at the end of thirty days, whichever first occurs.

Expiration Date of Wild Animal Licenses. All wild animal licenses shall automatically expire upon the thirty-first day of December following the date of issuance, unless sooner revoked or unless license holder changes the location of his establishment or the animal for which the license was issued, or sells, assigns, transfers or otherwise disposes of such establishment or animal or his interest therein.

Renewal Procedures for Wild Animal License. Within thirty days after the expiration of any wild animal license or prior thereto, the person possessing the license shall apply for a renewal of the wild animal license and pay the appropriate fees as set forth in the South Gate fee resolution.

Display of Wild Animal License. Every person possessing a wild animal license, shall keep such license posted and exhibited, while in force, in some conspicuous part of such establishment or, in the case of a wild animal license tag, affixed such tag to the cage or enclosure wherein the animal is kept.

Denial or Conditional Grant of Wild Animal License. The director may, as he deems necessary:

Deny the issuance of any wild license provided for in this chapter; or

Grant any wild animal license subject to certain conditions.

Notice of Denial or Conditional Granting–Right to Appeal–Decision of Director. Prior to denying any wild animal license, either new or renewal, or granting any license subject to conditions, except the renewal of a license containing only those conditions to which the license renewed was subject, or conditions to which the applicant has agreed, the director shall notify the applicant in writing that he intends to deny the license or to grant the license subject to conditions, which conditions shall be specified in the notice. The notice shall also state that the applicant, if dissatisfied with the decision of the director, is entitled to appeal this decision with the city council. The appeal shall be filed, in writing, with the South Gate city clerk, within five working days after receiving such notice. The city council shall make a decision on any appeal not more than ten working days after receiving it. The city council shall notify the appellant and the director of its decision, in writing. The decision of the city council shall be final.

Grounds for Revocation of a Wild Animal License. A wild animal license may be revoked on any one or more of the following grounds:

Licensee or any representative thereof, has violated or has been convicted of violating any of the provisions of the code or any other local, state or federal law regulating the occupation or the activity for which the license was issued;

The licensee obtained the license by fraudulent representations;

The licensee has conducted the occupation or other activity licensed in an immoral or disorderly manner;

The licensee is an unfit person to be entrusted with the privileges granted by the license.

Waiting Period Following Denial or Revocation of a Wild Animal License. If a wild animal license has been denied or revoked, the director shall not accept a new application by the same person for a wild animal license for the same activity at the same location less than six months after such denial or revocation unless the applicant affirmatively shows, and the director finds, that the grounds upon which the first application was denied or the license was revoked, no longer exist.

§ 4.01.140 Kennels and requirements for the operation of such.

Revocation of Wild Animal License–Forfeiture of Fee. In the event a wild animal license is revoked, the licensee forfeits all monies paid to the director for the issuance of the license.

16.

Change of Conditions at Licensee's Request. If a licensee applies in writing to the director for a change in the conditions to which his wild animal license is subject, the director may grant such application in whole or in part, or may deny such application, based upon director's findings.

(Ord. 1984 § 1 (part), 5-23-1995)

Kennel Definition. As used in this chapter, the term "kennel" means any dog kennel, cat kennel, pet shop, grooming parlor, animal menagerie, or animal dealership, licensed by the city of South Gate to operate as such.

Requirement of Wild Animal License. No person shall operate any kennel or keep any wild animal in the city, without first obtaining the following information:

A business license to operate such establishment; and

A wild animal license from the director as set forth in Section 4.01.130 of this code.

Kennel Requirements. Every person owning or operating any kennel in the city of South Gate, shall comply with all of the provisions set for in this title, including, but not limited to, Sections 4.01.040 and 4.01.140.

Kennels–Records Required For Each Animal. Every person owning or operating a licensed kennel is required to:

Maintain current and keep available for inspection, on the premises, a record showing the name, current address and telephone number of the owner of each animal kept at the kennel; the date such animal entered the kennel; the reason for such animal being at the kennel, such as for boarding, sale, breeding or grooming; and the description of the animal, including its age, breed, sex and colors;

Maintain a record of a current rabies vaccination certificate from a licensed veterinarian or every dog over four months of age so long as such dog is kept in the kennel in accordance with the provisions of this code;

Provide the purchaser of any dog with the rabies vaccination certificate upon the sale of such dog for which the owner has obtained a vaccination pursuant to this section.

Individual Dog License Required When. An individual dog license shall be obtained for each dog, in addition to a kennel license, when any dog is not kept exclusively on the premises of a kennel. An individual dog license shall be required for any dog in transit or when attending a dog show in the care of a kennel representative.

Kennels to Provide List of Animals Sold. Every person owning or operating a licensed kennel is required to provide the director with a regular listing of all animals sold including the name and address of the owner according to the procedure and form as provided by the director.

Dog Kennel Runs–Surfacing and Sanitation. Dog kennel runs shall be of concrete, provided with adequate draining for proper sanitation or, if sand or pea gravel is used, droppings must be picked up and disposed of and the runs treated periodically with an effective disinfectant.

Breeding of Dogs and Dog Kennels. No person shall keep or maintain or suffer or permit to be kept or maintained upon any premises owned or controlled by him or it, any dog male or female, kept mainly for breeding purposes, except within industrially zoned property and then only in an approved kennel.

Breeding of Cats and Cat Kennels. No person shall keep or maintain or suffer or permit to be kept or maintained upon any premises owned or controlled by him, any cat, male or female, kept mainly for breeding purposes, except within industrially zoned property and then only in an approved kennel.

(Ord. 1984 § 1 (part), 5-23-1995)

§ 4.01.150 Dog vaccinations.

General Requirements.

The owner of any dog over the age of four months shall cause such dog to be vaccinated with an approved rabies vaccine within a period of thirty days from the date such dog was harbored, kept or had within the city, or within thirty days from the date such dog attains the age of four months; provided, however, that the aforesaid provision shall not apply so as to require the vaccination of any dog which has been vaccinated with an approved rabies vaccine by a licensed veterinarian where such vaccination has been completed within the period of time as hereinafter prescribed in this section.

No person shall cause a dog under the age of four months to be vaccinated with an approved rabies vaccine unless a licensed veterinarian, determines that such vaccination is required to preserve the health or prevent the disability of such dog.

Re-Vaccination Requirements. The owner of any dog which has been vaccinated with an approved rabies vaccine shall cause such dog to be re-vaccinated in accordance with the guidelines set forth by the state of California Department of Health Services.

Certificate of Vaccination. The owner of any dog which is herein required to be vaccinated, shall at all times while the dog is kept, harbored or had in the city, have in his possession a certificate issued by a licensed veterinarian, stating that such dog has been vaccinated in accordance with the provisions of this code.

Information to be Shown On Certificate of Vaccination. All certificates of vaccination required by this code must contain the following information:

Signature of the licensed veterinarian who administered the required vaccination; and

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

Type of approved rabies vaccine used, name of the manufacturer and manufacturer's serial or lot number and date of the vaccinations; and

§ 4.01.160 Registration of dogs by businesses.

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

Refusing to Show Rabies Vaccination Certificate Unlawful. Any person upon whom any demand is made under authority of this code, for the exhibition of any rabies vaccination certificate, who fails or refuses to exhibit the same if he has it in his possession, is guilty of a misdemeanor and shall be punishable therefor as herein provided.

(Ord. 1984 § 1 (part), 5-23-1995)

Applicability. This section applies to every business establishment that uses any dog to work without supervision to deter and protect the business from unauthorized persons entering said business. This section does not apply to sentry dog companies having dogs registered pursuant to Health and Safety Code Section 25980.

Registration–Required for Business Establishments. Every business establishment shall register each and every dog subject to this section with the director.

Registration–Information Required. The registration of dogs subject to this section shall include the following information:

The name and telephone number of dog's responsible owner; and

The name and telephone number of the business establishment; and

The name of the dog; and

The dog license identification number of the dog; and

The time at which the owner shall inspect the dog's physical condition and its surroundings to assure its food and water supply are adequate. The inspection shall be twice in any twenty-four hour period, with each inspection no more than fifteen hours from the previous inspection.

Sign Required on Premises–Contents. Clear and legible signs shall be posted at each of the entrances to the business establishments having dogs registered pursuant to this section, which shall state that any dogs on the premises are registered with the director and shall state the location and telephone number of the nearest animal shelter.

(Ord. 1984 § 1 (part), 5-23-1995)

§ 4.01.170 Animals running at large.

Dogs Running At Large Prohibited. No person owning any dog shall cause, permit or allow such dog to run at large upon any highway, street, lane, alley, court or other public place, or upon any private property or premises in the city other than those of its owner. This section shall not apply to any dog being used for law enforcement purposes by any city, state, or county law enforcement agency.

Dogs Running At Large Exception. A dog may be permitted to leave its owner's premises, only if the dog is securely confined by a strong leash not exceeding six feet in length, securely and continuously held by a competent person, or if such dog is confined within an enclosed vehicle. This section shall not apply to any dog being used for law enforcement purposes by any city, state or county law enforcement agency.

Attack Dogs–Fenced or Walled Premises Required When. Notwithstanding the provisions of this chapter, the owner of any dog which has been trained to attack persons or animals, shall not cause, permit or allow such dog to be or run at large upon any private property or premises, including those of its owner, except within such portion of such property or premises which are enclosed by a structure, fence or wall not less than five feet in height. The fence, wall or structure shall conform to requirements of Titles 9 and 11 of this code.

Cats Running At Large Prohibited. The owner of any cat shall not cause, permit or allow such cat to run at large upon any highway, street, lane, alley, court or other public place, or upon any private property or premises in the city other than those of its owner.

Fowls And Rabbits Running At Large Prohibited. It is declared to be a nuisance and no person shall suffer or permit any rabbit and/or permitted fowl or bird, owned by such person, to run or fly at large or to go upon the premises of any other person in the city.

Running At Large–Wild or Vicious Animals.

No person owning or having charge, custody, control or possession of any animal or reptile known by such person to be vicious or dangerous or commonly so known, or owning or having charge, custody, control or possession of any ape, bear, bobcat, cheetah, chimpanzee, elephant, hippopotamus, leopard, lion, lynx, monkey, puma, rhinoceros, tiger, wildcat, wolf, any poisonous reptile or other animal commonly referred to as a "wild specie," shall permit or allow the such animal to be at large upon any highway, street, lane, alley, court or other public place or upon any private property other than within the enclosed premises of such person.

Any animal living a disposition or propensity to attack or bite any person or animal without provocation is hereby defined as a wild or vicious animal. The director shall notify the owner in writing to keep such animal within a substantial enclosure or securely attached to a chain or any other type of control which is reasonably adequate under the circumstances. If such restraint is impossible or impracticable, such animal shall be impounded until its owner is able to comply with the director's order. If, upon receiving said written notification, said owner fails to provide adequate restraint or control of said animal as ordered by the director within a reasonable time, said animal shall be subject to summary destruction.

Where the official records of the director indicate that a dog has bitten any person or persons or animal on two or more separate occasions, it shall be prima facie evidence that said dog is a wild or vicious animal.

Other Animals Running At Large Prohibited. No person owning any ox, steer, bull, cow, goat, hog, pig, sheep, horse, colt, mule, jack, jenny, hinny, fowl or any animal commonly referred to as a wild specie shall:

Permit such animal to run at large upon any highway, street, lane, alley, court or other public place in the city; or

Cause or permit any such animal to be pastured, herded, staked or tied in any street, lane, alley, park or other public area; or

Tie, stake, pasture or permit the tying, staking or pasturing of any such animal upon any private property within the limits of the city, without the consent of the property owner or occupant, or in such a way as to permit any such animal to trespass upon any street or public place or upon any such private property; or

Permit any such animal to be or remain during the night time secured by a stake, or secured in any manner other than by enclosing such animal in a pen, corral or barn sufficient and adequate to restrain such animal, or by securely fastening such animal by means of a rope, or chain of sufficient size, strength and weight to effectively restrain such animal; or

Fail to provide the necessary sustenance, drink, shelter or protection from the weather, or otherwise.

Giving Notice of Captured Animal. Any person who captures an animal at large, as defined in this section, shall within twenty-four hours, give notice to the director. Such notice shall include the following:

The fact that the person has the animal in his/her possession;

The complete description of the animal;

The animal license number of the animal, if any, and by what agency it was issued. If the animal has no license, the person shall so state;

The place where the animal is confined and shall thereafter surrender the animal to the director upon request.

Taking Up Animals Permitted When. Any person finding any stray domestic animal or any such animal found running at large contrary to the provisions of this code, may take up such animal if he complies with the applicable provisions of this chapter.

Surrendering Animals–Required When. Any person taking up any stray domestic animal or any such animal found running at large contrary to the provisions of this code, shall surrender such animal to the director upon demand.

Leading Animals Along Public Highways Permitted. This chapter does not prohibit the leading, driving or conducting of animals under adequate supervision along a public highway.

Wild Animal Establishment Regulations. The owner of any wild animal or operator of any wild animal establishment shall keep all animals under proper confinement on the premises and shall not cause, permit or allow such animals to be or to run at large, or maintain any such animal upon any private property on or within the premises of such person in such a manner as to endanger the life or limb of any person lawfully entering such premises.

Penalty–Violations. Any person who wilfully or knowingly permits or, through failure to exercise due care violates any of the provisions of this chapter is guilty of a misdemeanor.

(Ord. 1984 § 1 (part), 5-23-1995; Ord. 2054 § 2, 11-24-1999)

§ 4.01.180 Impounding.

Animal Shelter Provided. The director, upon such terms and conditions as named in city of South Gate Contract No. 1565 - Agreement for Animal Control Services, and any amendments thereto, shall provide a suitable building or enclosure to keep and safely hold all animals herein enumerated which are subject to be impounded. Such building or enclosure shall be known and designated as the animal shelter. All animals picked up by the director shall be delivered to the animal shelter in accordance with the provisions of this chapter.

Impounding at Animal Shelter. It shall be the duty of the director to take up, impound and safely keep any animal enumerated in this code found running at large, staked, tied or being herded or pastured in any street, lane, alley, court, square, park or other place belonging to or under the control of the city, or upon any private property in the city, contrary to the provisions of this code.

Care of Animals. When any animal is impounded by the director, it shall be provided with proper and sufficient food and water for a period of at least five calendar days, or such longer period as may be provided hereinafter.

Impounded Animal Recordkeeping Requirements. The director shall keep a record of each animal impounded, the date of impounding thereof, and the date and name and address of the person by whom redeemed, reclaimed or purchased, and the amount of all fees received or collected for or because of the impounding, reclaiming or purchasing thereof. If such animal is a dog, the director shall also keep a record of any dog license number exhibited or purchased upon the redemption or sale of such dog, as well as the number and the date of any kennel license exhibited upon the reclaiming of such dog.

Impounding Fees. The director shall charge impounding fees and charges as set forth by SEAACA. Impounding fees do not include the cost of feeding or caring for any animal except during the day on which it is impounded, but the fee for such care and feeding may be collected for each day, except the day on which it is impounded, during which such animal is in the custody of the director.

Impounding Fees Not Charged When Animal Taken Up Unlawfully. Impounding fees shall not be collected for any animal which has been unlawfully taken up and impounded. Such animal shall be immediately delivered upon demand to the owner or person entitled to the custody thereof.

Fees for Veterinary Care Authorized.

The director may employ a private licensed veterinarian whenever the director deems it necessary, in order to properly care for and maintain any animal pursuant to Section 597 (f) of the California Penal Code.

When a licensed veterinarian's fee has been paid or incurred for the care or treatment of any animal, such animal shall not thereafter be redeemed without payment by the owner of such fee, in addition to any and all other fees, so as to reimburse the director for the cost of veterinary services for such animal.

Dogs–Minimum Impounding Period and Owner Notification.

All licensed dogs impounded at the animal shelter shall be provided with proper and sufficient food and water for a period of at least ten calendar days after written notice is given to the owner as to the whereabouts of such dog. Deposit of a letter of impoundment with the United States Postal Service shall constitute written notice.

All unlicensed dogs impounded at the animal shelter shall be provided with proper and sufficient food and water for a period of at least five calendar days.

Cats–Minimum Impounding Period and Owner Notification.

All licensed cats impounded at the animal shelter shall be provided with proper and sufficient food and water for a period of at least ten calendar days after written notice is given to the owner as to the whereabouts of such cat. Deposit of a letter of impoundment with the United States Postal Service shall constitute written notice.

All unlicensed cats impounded at the animal shelter shall be provided with proper and sufficient food and water for a period of at least five calendar days.

Cats determined by the director to be wild may be disposed of upon impoundment.

Failure to Notify Owner–Charging of Fees Prohibited. In the event the director fails to notify an animal's owners as prescribed in subsections 8 and 9 of this section, the director shall not charge any fee board or care of such animal to the time when the owner receives actual notice of the animal's whereabouts.

Reclamation of Impounded Animals. Any person may reclaim any animal taken up or impounded under the provisions of this chapter, prior to the sale or destruction of such animal, upon meeting the following requirements:

Presentation of proof satisfactory to the director that such person is the owner or is rightfully entitled to the possession of such animal; and

Payment of any impounding fees which have accrued up to the time of such reclamation.

If the animal being reclaimed is a dog that does not have rabies, owner must exhibit a certificate signed by a licensed veterinarian, stating that:

Such dog has been vaccinated with an approved rabies vaccine within a period of not more than twelve months after the dog's initial vaccination if the dog was between four months and one year in age at the time of such initial vaccination, or

Such dog has been vaccinated with approved rabies vaccine within the past thirty-six months, or

Such dog should not be vaccinated with a rabies vaccine because such vaccination would jeopardize the health of such dog due to an infirmity or disability. In this case the certificate must state the infirmity or disability and the estimated date of termination thereof.

If owner fails to show proof, the licensed veterinarian on duty shall administer an approved rabies vaccination for a fee as set forth by SEAACA, prior to the release of such dog.

Release of Animal–Proof of Proper Care Required. The director shall not release or sell any animal that has been impounded in accordance with the provisions of this chapter, unless the person to whom the animal is released or sold to provides satisfactory proof that the animal will be properly maintained in accordance with the provisions of this code and other applicable laws.

Sale, Destruction or Other Disposition of Impounded Animals.

The director may sell any impounded animal, unless it has been reclaimed by its owner within the time periods prescribed in subsections 8 and 9 of this section, to the person offering to pay the highest cash amount for such animal, provided the purchaser shall not be given possession of any such animal until he has paid to the director the charges prescribed for such animal.

If any animal impounded by the director shall not have been reclaimed within the time periods prescribed in subsections 8 and 9 of this section, and cannot be sold within a reasonable time thereafter, the director may dispose of such animal in some humane way.

Any dog wearing a valid dog license tag, impounded pursuant to this code, shall not be sold, destroyed or otherwise disposed of unless:

The person to whom the current license for such dog was issued so directs; or

Five full days have elapsed since such person was notified of the dog's whereabouts by telephone; or

Ten full days have elapsed since a letter notifying owner of such impoundment has been issued as prescribed in subsection 8 of this section;

(4)

In the case of the sale of an unlicensed dog, the purchaser also shall procure and pay for the required dog license for such dog for the current year.

Impounded Dogs–Rabies Vaccination Authorized When. The director may vaccinate any dog impounded at the animal shelter with an approved rabies vaccine, if the director finds that such dog should be so vaccinated in order to protect the public health or if such dog can probably be sold.

§ 4.01.190 Transporting of animals in open vehicles.

Impounded Dogs–Confinement When Rabies Found. If the director finds that a dog impounded at the animal shelter is afflicted with rabies, the director shall confine such dog, as it deems necessary to protect the public health.

(Ord. 1984 § 1 (part), 5-23-1995)

Transporting of Animals in Open Vehicles Prohibited When.

No person shall transport any animal in or on the back or bed of any open truck or other open vehicle while traveling on any road, street, highway, lane or alley within the city.

This section shall not apply to any person who transports an animal in any open truck or other open vehicle which is partially enclosed by stakes, racks or other similar devices which are designed to prevent the animal from falling, jumping, escaping, or being thrown from the vehicle whether in motion or not.

If the animal being transported is a dog, then the stakes, racks or other similar devices described above, shall rise at least two feet, nine inches above the tops of the sides and back of the vehicle.

Penalty–Violations. Any person who wilfully or knowingly violates any of the provisions of this chapter is guilty of a misdemeanor.

(Ord. 1984 § 1 (part), 5-23-1995)

§ 4.01.200 Importing of animals.

Importing or Transporting Diseased Animal Unlawful–Exceptions. It is unlawful for any person to bring into or receive in, or to transport from place to place within, the city, except for the purpose of immediate slaughter, any animals affected with any contagious, infectious or communicable disease, without a permit from the director, except such diseased animals as are specifically permitted to enter the state of California and the county of Los Angeles under state or federal regulations and only under the conditions and for the purpose prescribed in the state or federal regulations governing movement of animals.

Importation Permit Required–Stockyards Requirements.

It is unlawful for any person to bring into or receive in the city any cattle, sheep, swine, horses or goats, for any purpose other than immediate slaughter, without a permit from the director; provided, however, that when such cattle, sheep, swine, horses or goats, other than cattle imported for dairy or breeding purposes, are unloaded from a vehicle into public stockyards where county, state or federal inspection is maintained for the inspection of animals for infectious diseases, such permit shall not be required until they are to be removed from such stockyards.