ORDINANCE 1330ORDINANCE NO. 1330
AN ORDINANCE OF THE CITY OF EL SEGUNDO,
CALIFORNIA, AMENDING TITLE 6 OF THE
EL SEGUNDO MUNICIPAL CODE RELATING TO ANIMAL CONTROL
THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA,
DOES ORDAIN AS FOLLOWS:
SECTION 1. Title 6 of the El Segundo Municipal Code is hereby
amended to read as follows:
CHAPTERI
COUNTY REGULATIONS
SECTION:
6 -1 -1: Incorporation of Title 10, Los Angeles County Code
6 -1 -2: General Penalty
6.1.1: INCORPORATION OF TITLE 10, LOS ANGELES COUNTY CODE: Title
10 of the Los Angeles Code, with the exception of title 10, section 10.90.010 (VI)
and section 10.90.010 (VII) is hereby incorporated into the City Code. To the
extent any provision of the Los Angeles Code incorporated hereby is inconsistent
with some other provision of this code, the later provision shall be controlling.
6.1.2: GENERAL PENALTY: Any person violating any of the provisions of this
title is guilty of a misdemeanor unless another penalty is provided for in this title.
ORDINANCE NO. 1330
AMENDING ESMC TITLE 6, ANIMAL CONTROL
PAGE NO. 1
CHAPTER 2
ANIMALS
SECTION:
6.2.1: Animals Permitted
6.2.2: Animals Prohibited
6.2.3: Animals At Large
6.2.4: Animal Care
6.2.5: Public Nuisance
6.2.6: Permits Required
6.2.7: Application For Permit
6.2.8: Criteria For Approval
6.2.9: Expiration Of Permits
6.2.10: Appeal Decision Of Director; Fee
6.2.11: Planning Commission Hearing; Notice; Decision
6.2.12: Grounds For Revocation
6.2.1: ANIMALS PERMITTED:
A. Generally: It shall be lawful for any person to keep or maintain or
have in possession or under control in the City the following
animals:
1. Canaries, pigeons, doves or birds of the psittacine family
kept as household pets or as a hobby only, not exceeding
ten (10) in number, when kept in facilities that are humane
and adequate as to noise, sanitation and security:
2. Fish and turtles kept as household pets or as a hobby only;
3. Hamsters, white rats or guinea pigs as household pets or as
a hobby only, not exceeding ten (10) in the aggregate and
the young thereof not exceeding three (3) months in age;
(Ord. 790, 7 -24- 1972).
4. Hen chickens, kept as household pets or as a hobby, not to
exceed five (5) in number when kept in facilities that are
humane and adequate as to noise, sanitation and security;
(Ord. 825, 11 -20 -1973)
5. Rabbits as household pets or as a hobby only, not
exceeding four (4) in number and the young thereof not
exceeding four (4) months in age;
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AMENDING ESMC TITLE 6, ANIMAL CONTROL
PAGE NO.2
6. In any residential dwelling, dogs and cats not to exceed
three (3) for each residential living unit in any combination
thereof and the young thereof not exceeding four (4) months
in age;
7. Except in residential districts, dogs used for guard or sentry
purposes. (Ord. 790, 7 -24 -1972)
B. Circus: All animals enumerated in this Chapter may be kept within
the City in connection with any circus, carnival or wild west show, or
in conjunction with any parade for which a permit has been issued;
provided, however, that without the approval of the Director of
Community, Economic and Development Services, animals may
not be brought into the City more than twenty four (24) hours before
the first performance of the circus, carnival or wild west show or the
start of the parade, as the case may be, nor may animals be kept
within the City without the approval of the Director of Community,
Economic and Development Services for more than twenty four
(24) hours after the conclusion of the last performance of a circus,
carnival or wild west show or within twenty four (24) hours after the
conclusion of a parade.
C. Laboratory: All animals enumerated in this Chapter may be kept
within the City in connection with a laboratory that holds a valid
clinical laboratory permit issued by the State Department of Health.
D. School: All animals enumerated in this Chapter may be kept within
the City in a public or private school license by the State. (Ord.
790, 7 -24 -1972; amd. Ord. 1315, 1 -18 -2000)
6.2.2: ANIMALS PROHIBITED: Except as provided in subsections 6 -2 -113 C,
and D of this Chapter, no person shall keep or maintain or have in his possession
or under his control any poisonous or venomous snake or any wild, carnivorous
animal. (Ord. 790, 7 -24 -1972)
6.2.3: ANIMALS AT LARGE: It is unlawful for any person owning or having
possession, charge, custody or control of any animal or fowl to cause, permit or
allow the same to stray or run, or in any other manner to be at large in or upon
any public highway, street, avenue, roadway, road, way, lane, alley, park.,
square, sidewalk or other public place in the City, or in or upon any unenclosed
lot, land or premises, or to stake out, herd or graze any animal or fowl upon any
unenclosed lot, land or premises in such manner that the rope or other
attachment by which the same is tethered may permit it to be or to go beyond the
boundary of the lot, land or premises; provided, however, that the provisions of
this Section shall not apply in the case of animals lawfully upon the public
highway, street, road, roadway, avenue, way, lane, alley, park, square, sidewalk
or other public place and which are temporarily hitched to hitching weights,
ORDINANCE NO. 1330
AMENDING ESMC TITLE 6, ANIMAL CONTROL
PAGE NO. 3
devices or posts at the curb or side of the highway, road, roadway, street, lane,
park, square, sidewalk, way, avenue, alley or place, or which are otherwise
located therein. (Ord. 431, 1 -27 -1954)
6.2.4: ANIMAL CARE:
Requirements for owners and kennel operators. Every person, within the City,
who owns any animal or who owns, conducts, manages or operates any kennel
for which a permit is required by this title, shall comply with each of the following
conditions:
A. Housing facilities 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.
B. All animals shall be supplied with sufficient good and wholesome
food and water as often as the feeding habits of the respective
animals require.
C. All animals and all animal buildings or enclosures shall be
maintained in a clean and sanitary condition.
D. All animals shall be so maintained as to eliminate excessive and
nighttime noise.
E. No animals shall be without attention more than 12 consecutive
hours. Whenever an animal is left unattended at a kennel, the
telephone number of the police department, or the name, address
and telephone number of the responsible person, shall be posted in
a conspicuous place at the front of the property.
F. 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.
G. No condition shall be maintained or permitted that is or could be
injurious to the animals.
H. Animal buildings and enclosures shall be so constructed and
maintained as to prevent escape of animals. All reasonable
precautions shall be taken to protect the public from the animals
and the animals from the public.
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.
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AMENDING ESMC TITLE 6, ANIMAL CONTROL
PAGE NO.4
J. 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.
K. Such person shall take any animal to a 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 or custodian
to do so.
L. All animal rooms, cages, kennels and runs shall be of sufficient size
to provide adequate and proper accommodations for the animals
kept therein.
M. Every violation of an applicable regulation shall be corrected within
a reasonable time to be specified by the Chief of Police.
N. Such person shall provide proper shelter and protection from the
weather at all times.
O. Such person shall not give an animal any alcoholic beverage,
unless prescribed by a veterinarian.
P. Such person shall not allow animals that 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 others, such animals shall be deemed not to
be natural enemies.
Q. Such 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.
R. Such person shall not allow any animal to cause a hazard, or be a
menace to the health, peace or safety of the community.
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AMENDING ESMC TITLE 6, ANIMAL CONTROL
PAGE NO. 5
6.2.5: PUBLIC NUISANCE:
A. Any animal (or animals) 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, shall be considered a public nuisance.
B. Every person who maintains, permits or allows a public nuisance to
exist upon his or her 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 City 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.
6.2.6: PERMITS REQUIRED:
A. Compliance; Permit: It shall be unlawful for any person to keep or
maintain, or have in possession or under control in the City, any
living member of the animal kingdom except human beings, except
as permitted by this Chapter and without having applied for and
received a permit when hereinafter required.
B. Permit For Keeping Animals: Any person may keep animals other
than or in excess of the animals enumerated in subsection 6.2.1A
of this Chapter and may keep the animals enumerated in Section
6.2.2 of this Chapter in the circumstances described in subsections
6.2.113, C and D of this Chapter by securing a permit for the
keeping of such animals. (Ord. 790, 7- 24- 1972)
6.2.7: APPLICATION FOR PERMIT: An application for a permit shall be initiated
by filing a verified application on a form furnished by the Director of Community,
Economic and Development Services stating fully the applicant's name, address,
and telephone number; the number and kind of animals for which a permit is
requested; the number and kind of other animals kept on the premises; the type
and location of caging, if applicable; and other information required by the
Director of Community, Economic and Development Services upon receipt of the
application. The Director of Community, Economic and Development Services
shall make or cause to be made such investigation as he deems appropriate.
(Ord. 790, 7 -24 -1972; amd. Ord. 1315, 1 -18 -2000)
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AMENDING ESMC TITLE 6, ANIMAL CONTROL
PAGE NO. 6
6.2.8: CRITERIA FOR APPROVAL: The Director of Community, Economic and
Development Services shall issue or renew the permit if he finds:
A. That the issuance of such permit will not adversely affect the public
peace, health or safety;
B. That the keeping of such animal will not violate any provision of
law; and
C. That the facilities for keeping such animals are humane and
adequate under the circumstances as to noise, security and
sanitation. (Ord. 790, 7 -24 -1972; amd. Ord. 1315, 1 -18 -2000; 2000
Code)
6.2.9: EXPIRATION OF PERMITS: All permits issued on or before October 31
of any year shall expire on December 31 of that year. Any permit issued on or
after November 1 of any year shall expire on December 31 of the next
succeeding year. (Ord. 790, 7 -24 -1972)
6.2.10: APPEAL DECISION OF DIRECTOR; FEE: Any person dissatisfied with
the decision of the Director of Community, Economic and Development Services
may file an appeal of such decision with the Planning Commission by filing a
written notice of appeal in letter form accompanied by a filing fee in an amount
set by resolution of the City Council, said fee to cover the cost of posting,
postage, advertising and other costs incident to the proceedings. Said notice of
appeal may be filed at any time after the decision of the Director of Community,
Economic and Development Services has been made; provided, however, that
an appeal may not be filed on the granting of such permit after ten (10) days
have expired from the action of the Director of Community, Economic and
Development Services in granting such permit. (Ord. 790, 7 -24 -1972; amd. Ord.
1315, 1 -18 -2000)
6.2.11: PLANNING COMMISSION HEARING; NOTICE; DECISION:
A. Hearing Notice: When an appeal is filed, the Director of
Community, Economic and Development Services shall give notice
of a public hearing by mailing a letter notice, first class mail with
postage prepaid, to the applicant and to the owners of property
abutting the boundary of the property that is the subject of the
application for an animal permit, using for this purpose the last
known name and address of such owners as shown upon the last
equalized assessment roll of Los Angeles County. Such notice shall
contain the address, a general explanation of the matter to be
considered, and the time and place at which the public hearing on
the matter will be held.
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AMENDING ESMC TITLE 6, ANIMAL CONTROL
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B. Decision By Resolution: The Planning Commission shall announce
its decision by resolution. (Ord. 790, 7 -24 -1972; amd. Ord. 1 15,
1 -18 -2000)
C. Decision Final: Any action by the Planning Commission on such
matters shall be final and conclusive. Ord. 790, 7 -24 -1972; amd.
2000 Code)
D. Notice Of Decision`. Not later than fifteen (15) days following the
adoption of a resolution ordering that an appeal be granted or
denied, a copy of the resolution shall be mailed to the applicant and
to any other person requesting notice of the action. (Ord. 790,
7 -24 -1972)
6.2.12: GROUNDS FOR REVOCATION: Any animal permit issued pursuant to
the provisions of this Chapter may be revoked by the Planning Commission. In
the event the Planning Commission determines to initiate proceedings for the
revocation of any animal permit, said Commission shall adopt a resolution
declaring its intention to revoke such permit and fix a time and place for a hearing
on said resolution. No such hearing shall be held unless a copy of the resolution
is mailed to the permittee not less than five (5) days prior to the hearing. At such
hearing the Planning Commission shall hear all evidence presented material to
its determination and may revoke the permit following such hearing by resolution
after it finds:
A. That the permit, or a prior permit of which the permit is an extension
was obtained by fraud; or
B. That the permittee has violated the law in keeping such animal; or
C. That the animal or animals endanger the public peace, health or
safety. (Ord. 790, 7 -24 -1972)
ORDINANCE NO. 1330
AMENDING ESMC TITLE 6, ANIMAL CONTROL
PAGE NO. 8
CHAPTER 3
DOGS
SECTION:
6.3.1 Definitions
6.3.2: Licensing Requirements
6.3.3: License Tags
6.3.4: Receipt Blanks
6.3.5: Kennel Licenses
6.3.6: Suspension Or Revocation of Dog License
6.3.7 Refusing to Show License Unlawful
6.3.8: Running At Large Prohibited
6.3.9: Dangerous Dogs; Impoundment; Hearing
6.3.10: Rabies Control
6.3.11 Dog Park Rules
6.3.12: Interfering with Animal Control Officers Prohibited
6.3.13: Interference with Police Dogs
6.3.1: DEFINITIONS: The following words when used in this Chapter shall, for
the purposes of this Chapter, have the meanings respectively ascribed to them in
this Section:
DOG: Includes male and female.
KENNEL: A place where four (4) or more adult dogs or cats or any combination
thereof, are kept, whether by owners of the dogs and cats or by persons
providing activities and care, whether or not for compensation. An adult dog or
cat is one of either sex, altered or unaltered, that has reached the age of four (4)
months.
POTENTIALLY DANGEROUS DOG: Any of the following:
A. Any dog which, when unprovoked, on two (2) separate occasions
within the prior thirty six (36) month period, engages in any
behavior that requires a defensive action by any person to prevent
bodily injury when the person and the dog are off the property of
the owner or keeper of the dog.
B. Any dog which, when unprovoked, bites a person causing a less
severe injury than as defined in section 31604 of the State Food
and Agriculture Code.
C. Any dog which, when unprovoked, on two (2) separate occasions
within the prior thirty six (36) month period, has killed, seriously
ORDINANCE NO. 1330
AMENDING ESMC TITLE 6, ANIMAL CONTROL
PAGE NO. 9
bitten, inflicted injury, or otherwise caused injury attacking a
domestic animal off the property of the owner or keeper of the dog.
VICIOUS DOG: Any of the following:
A. Any dog seized under section 599aa of the Penal Code and upon
the sustaining of a conviction of the owner or keeper under
subdivision (a) of section 597.5 of the Penal Code.
B. Any dog which, when unprovoked, in an aggressive manner, inflicts
severe injury on or kills a human being.
C. Any dog previously determined to be and currently listed as a
potentially dangerous dog which, after its owner or keeper has
been notified of this determination, continues the behavior
described in the definition of "potentially dangerous dog" in this
Section, or is maintained in violation of section 31641, 31642, or
31643 of said State Food and Agriculture Code. 2000 Code)
6.3.2: LICENSING REQUIREMENTS:
A. License Required; Exceptions:
Except as provided in this Chapter, it is unlawful for any
person to have, keep, maintain or harbor within the City any
dog without first having obtained from the City an annual
license so to do upon the payment of the fee required by
subsection B of this section.
2. It shall not, however, be necessary to purchase a license or
to pay a license fee for any dog under the age of four (4)
months whether the same is male or female.
3. It is further provided, however, that the license fee shall not
apply to any dogs kept or maintained exclusively in any dog
kennel in the City. (Ord. 431, 1 -27 -1954)
B. Annual License Fees: The annual license fee for keeping and
maintaining an unaltered dog in the City shall be set from time to
time by resolution of the City Council. The annual license fee for a
spayed or neutered dog shall be set at an amount that is one -half of
the annual license fee for an unaltered dog; if a certificate is
presented from a licensed veterinarian verifying that the dog has
been spayed or neutered. (Ord. 1091, 1 -6 -1987)
C. Discount For Senior Citizens: A fifty percent (50 %) discount on the
dog license fee shall be made available to any resident sixty -two
ORDINANCE NO. 1330
AMENDING ESMC TITLE 6, ANIMAL CONTROL
PAGE NO. 10
(62) years of age or older who makes application for the discount.
(Ord. 972, 6 -19 -1970; amd. 2000 Code)
D. Seeing eye or guide dogs are those dogs that have been especially
trained to lead and aid the blind or deaf. Any blind or deaf person
having custody of such a dog may keep and harbor the dog within
the City by obtaining a license to keep a dog as provided herein,
and may lawfully take the dog into any food establishment within
the City. There will be no fee charged for such dogs upon proof of
antirabies vaccination.
E. Date Payable; Proration; Penalty:
1. Any license fee required to be paid by this Chapter shall be
payable annually in advance on March 1 of each year, and
the license shall expire at midnight on the last day of
February of the following year. The full amount of the
license fee shall be payable for any license falling due during
the period from January 1 of the year to June 30 of the year.
2. Fifty percent (50 %) of the amount of the license fee shall be
payable for any license falling due subsequent to September
30 of the year for the remaining fraction of the year.
3. Any license fee payable under the provisions of this Chapter
remaining unpaid for a period of thirty (30) days after the
same shall become payable hereunder, shall be subject to a
penalty of fifty percent (50 %) of the fee due, which penalty
shall be collected by the license collector at the time of the
collection of the license fee, and shall be in addition to the
principal sum thereof. In determining whether or not a
penalty has accrued under the provisions of this Chapter, the
License Collector may require an affidavit from any person
claiming exemption from the payment of any penalty
hereunder, which affidavit shall set forth the facts upon
which the claim for the exemption is based. (Ord. 973,
6 -19 -1979; amd. 2000 Code)
F. Failure To Pay License Fee: Whenever any person owning,
harboring or having the care or custody of any dog fails to pay the
license fee provided and specified in this Chapter for the dog, the
poundmaster may cause the dog to be seized and kept in the public
pound for the period and in the manner and upon the terms,
conditions and requirements as specified in this Chapter. (Ord.
431, 1 -27 -1954)
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AMENDING ESMC TITLE 6, ANIMAL CONTROL
PAGE NO. I1
G. Animals, other than dogs, are not required to be licensed pursuant
to this Chapter.
6.3.3: LICENSE TAGS:
A. Contents: The City shall each year procure a sufficient number of
suitable metallic license tags to meet the requirements of this
Chapter, numbered from one upward consecutively, on which tags
shall be stamped the date of their expiration and the license
number, and shall issue the same to the poundmaster in
consecutive order as may be required, keeping an account thereof.
B. Duplicate: The City Council shall by resolution establish a fee for
the issuance of a license and metallic tag to replace a lost license
or tag.
C. Affixing To Dog Collar: The owner or person having the care,
control or custody of any dog upon which the license fee has been
paid shall securely fasten the metallic license tag upon a suitable
collar and securely fasten the collar with the tag attached thereto
upon the dog. A dog harness or other device may be substituted in
lieu of the collar, if so desired. (Ord. 431, 1 -27 -1954)
6.3.4: RECEIPT BLANKS: The City shall cause to be printed a sufficient number
of receipt blanks to meet the requirements of this Chapter. The receipt blanks
shall provide for the description of the dog for which the license fee is paid, the
number of the metallic license tag which has been issued for the dog and also
the name and address of the owner of the dog. The receipts shall also designate
the rabies vaccination date and tag number and the sex of the dog for which the
license fee has been paid. (Ord. 733, 1 -26 -1970)
6.3.5: KENNEL LICENSES:
A. License Required; Fee: Any person conducting, managing or
maintaining a dog kennel as defined in Section 6.3.1 of this Chapter
shall pay to the City for the privilege of conducting or maintaining
the dog kennel an annual fee as set by resolution of the City
Council for the kennel which shall entitle the kennel operator to
maintain ten (10) or fewer dogs. An additional license fee shall be
paid for ten (10) dogs, or fraction thereof, in excess of the first ten
(10) dogs. (Ord. 733, 1 -26 -1970)
B. Operation Permit: No kennel license shall be issued unless a
written permit to have, maintain or operate the kennel is first
obtained from the City Council. Before granting the permit, the City
Council shall refer the application therefor to the Planning Com-
mission, poundmaster and to the Health Officer for investigation,
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AMENDING ESMC TITLE 6, ANIMAL CONTROL
PAGE NO. 12
report and recommendation to the City Council with reference
thereto. (Ord. 431, 1 -27 -1954)
C. Every person owning or operating any kennel shall keep all animals
therein under proper confinement on the premises and shall not
cause, permit or allow such animals to be or to run at large.
D. Records required for each animal. The holder of a kennel license
shall keep available for inspection, on the premises, a record that
shall show:
1. The name, current address and telephone number of the owner
of each animal kept at the kennel;
2. The date such animal entered the kennel;
3. The reason for such animal being at the kennel, such as for
boarding, sale, breeding or grooming;
4. The description of the animal, including its age, breed, sex and
color;
5. That there exists a current, valid rabies certificate for every dog
over four months of age so long as such dog is kept at the kennel.
6.3.6: SUSPENSION OR REVOCATION OF DOG LICENSE: The Chief of
Police, or his or her designee, shall have, and the Chief of Police, or his or her
designee, expressly reserves the right and power, notwithstanding any other
provision, term or condition in this Chapter contained to the contrary, to suspend
and also to revoke any dog license issued under the provisions of this Chapter, if
at any time it appears to the Chief of Police, or his or her designee, or the Chief
of Police, or is or her designee, finds that any dog described or referred to in any
dog license, or for which any dog license has or may be issued under this
Chapter is vicious, dangerous or apt to bite or injure any person. (Ord. 1258,
6 -19 -1996)
6.3.7: REFUSING TO SHOW LICENSE UNLAWFUL: Any person upon whom
any demand is made under authority of this Title for the exhibition of any dog,
rabies vaccination certificate, or any dog license or tag, who fails or refuses to
exhibit the same if he has it in his possession, is guilty of a violation of this
section.
6.3.8: RUNNING AT LARGE PROHIBITED:
A. No person owning or having charge, custody, possession or control
of any dog shall, and it is unlawful for any person to cause, permit
or allow the same to be, or to run at large in or upon any highway,
street, lane, alley, court or other public place, or in or upon any
private property or premises, other than those of the person owning
or having charge, custody, possession or control of the dog within
the City, unless the dog is restrained by a substantial leash not to
ORDINANCE NO. 1330
AMENDING ESMC TITLE 6, ANIMAL CONTROL
PAGE NO. 13
exceed six feet (6') in length and is in charge, custody, possession
or control of a competent person. (Ord.360, 11 -8 -1949)
B. This provision shall not apply to public areas of the City officially
designated as a "dog park" or to police service dogs while such
dogs are under the control of a peace officer.
6.3.9: DANGEROUS DOG; IMPOUNDMENT; HEARING:
A. Filing Of Opinion; Impoundment: Whenever any dog is, in the
written opinion of the poundmaster, file with the City Clerk, vicious,
dangerous, potentially dangerous or apt to bite or injure any
person, and is kept in such manner as to constitute an apparent
menace to any person, the dog may be immediately impounded by
the poundmaster or his duly authorized agents, representatives or
assistants.
B. Notice Of Impoundment, Opinion, Hearing: As soon as reasonably
possible after the dog is so impounded, or a written opinion is filed
with the City Clerk, the owner of the dog, or the person harboring
the dog, or the person to whom the license for the dog was issued
or any person whose name appears therein, shall be notified, either
personally or by mail addressed to the person, at the address
shown in the license, of the fact of the impounding or of the filing of
the written opinion and that the person or any person interested
may appear at a hearing before the Chief of Police, or his or her
designee, to be specified in the notice, the notice of hearing to be
served at least forty eight (48) hours prior to the time of the hearing,
and show cause if the person can, why the dog should not be
destroyed. The notification shall also contain or have attached
thereto a copy of the opinion so filed, if any.
C. Hearing; Decision: Upon the hearing, the Chief of Police, or his or
her designee, shall hear all persons who appear and desire to be
heard, and shall thereupon decide whether the dog shall be
released, destroyed or otherwise disposed of, and the decision of
the Chief of Police, or his or her designee, after the hearing, shall
be final and conclusive. (Ord. 1258, 6 -19 -1996; amd. 2000 Code)
D. Any dog declared after a hearing to be dangerous, if not already
impounded by the department, shall be immediately surrendered to
the department.
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PAGE NO. 14
6.3.10: RABIES CONTROL:
A. Vaccination Requirements:
1. Vaccination Required; Exception: Every person keeping,
harboring or having a dog over the age of four (4) months in
the City shall cause the dog to be vaccinated with rabies
vaccine within a period of thirty (30) days from the date of
harboring, keeping or having the dog within the City, or from
the date the dog attains the age of four (4) months; provided,
however, that the aforesaid provision shall not apply so as to
require the vaccination of any dog which has been
vaccinated with a chick embryo vaccine by a person licensed
by the State or of any other state or nation to practice
veterinary medicine where the vaccination has been
completed within the period of time prescribed in this
Section. If chick embryo vaccine was used in the
vaccination, it must have been completed within two (2)
years prior to the date the dog was kept, harbored or brought
into the City. If tissue phenolized vaccine was used, the
vaccination must have been completed within one year prior
to the date the dog was kept, harbored or brought into the
City. (Ord. 526, 5 -12- 19513)
2. Revaccination:
a. Every person keeping, harboring or having a dog in
the City that has been vaccinated with chick embryo
vaccine shall cause the dog to be revaccinated within
a period of not more than two (2) years after the prior
vaccination.
b. Every person keeping, harboring or having a dog in
the City which has been vaccinated with tissue
phenolized vaccine shall cause the dog to be
revaccinated with rabies vaccine within a period of not
more than one year after the prior vaccination.
3. Vaccination Certificate Issuance: Every person practicing
veterinary medicine in the City who vaccinates a dog with
rabies vaccine shall issue to the person keeping, harboring
or having the dog a certificate, which is signed by the
veterinarian and which states thereon the name and
ORDINANCE NO. 1330
AMENDING ESMC TITLE 6, ANIMAL CONTROL
PAGE NO. 15
description of the dog, the date of the vaccination and the
type of vaccine used. (Ord. 510, 9 -30 -1957)
4. Certificate And Tag, Exhibition:
a. Every person applying for a dog license, whether to
the poundmaster under contract to the City, or to the
City, shall exhibit a certificate and rabies vaccination
tag issued by a person licensed by the State or any
other state or nation to practice veterinary medicine,
which certificate shall show that the dog for which the
license shall be issued either:
(1) Has been vaccinated in accordance with the
provisions of subsections Al and A2 of this
Section; or
(2) Should not be vaccinated with rabies vaccine
by reason of age, infirmity or other disability,
which disability is shown on the face of the
certificate and to the satisfaction of the person
issuing the license to be in effect at the time.
B. Impoundment Of Dog Without Tag:
The poundmaster, under contract to the City, shall capture
and impound any dog found within the City limits which is not
wearing a valid license tag and rabies tag conforming to the
provisions of this Chapter.
2. Any officer or employee of the poundmaster, any police
officer of the City or of any City in Los Angeles County who
is in pursuit of a dog shall have the right to enter upon any
private or public property in the City in order to examine or
capture any dog thereon or therein which is suspected of
being in violation of the provisions of subsection A4 of this
Section or is suspected of being rabid or infected with rabies;
provided, however, that no such officer or employee shall
have the right to enter a house which is in use as a
residence without first having secured a search warrant
therefor. (Ord. 526, 5 -12 -1958)
C. Release From Impoundment:
No dog impounded as provided in subsection B of this
Section shall be released to any person except where there
ORDINANCE NO. 1330
AMENDING ESMC TITLE 6, ANIMAL CONTROL
PAGE NO. 16
has been a performance of the following conditions: (Ord.
510, 9 -30 -1957)
a. There has been presented to the poundmaster a
current license and rabies tag conforming to this
Chapter for the dog. (Ord. 512, 11 -12 -1957)
b. Where the person keeping, harboring or having the
dog is a resident of the City, there has been paid to
the poundmaster the license fee for a City dog license
as provided by law.
C. There has been paid to the poundmaster the
impounding, collection and other fees as provided by
law.
d. There has been paid to the poundmaster a
reasonable fee as determined by the poundmaster for
the vaccination of the dog; provided, or, there has
been shown to the satisfaction of the poundmaster
that the dog has been vaccinated with rabies vaccine
within the time periods and according to the other
requirements as prescribed in subsections Al and A2
of this Section; or, that a certificate of disability has
been issued for such dog as provided in subsection
A4 of this Section.
e. The poundmaster has determined that the dog does
not have and is not reasonably suspected of having
rabies. (Ord. 510, 9 -30 -1957)
D. Rabies Suspect, Impoundment Procedure: If the poundmaster
suspects that any dog so impounded has rabies, he shall hold the
dog for inspection by a health officer of the County. In the event
that the health officer determines that the dog is afflicted with
rabies, it shall be disposed of or confined for such time as the
health officer directs. In the event that the health officer suspects
that the dog may develop rabies, it shall be confined for such time
as the health officer directs. Whenever the health officer
determines that the dog does not have rabies, it shall be released
in accordance with the provision of subsection C of this Section.
Ord. 510, 9 -30 -1957)
6.3.11: DOG PARK RULES:
A. Hours; Rules: Owner's and /or handlers shall be in attendance with
dogs during the use of the dog park. The dog park shall be open
ORDINANCE NO. 1330
AMENDING ESMC TITLE 6, ANIMAL CONTROL
PAGE NO. 17
from dawn to dusk, seven (7) days a week. The following rules
shall be in force:
1. Aggressive dogs are not allowed in the park;
2. No food in the park/don't feed dogs in the park;
3. Owners must supervise and clean up after dogs;
4. Children under twelve (12) years of age must be supervised
by an adult;
5. Dogs must be at least four (4) months old and vaccinated;
6. Dogs in heat are not permitted;
7. No spiked collars;
8. No bikes, roller blades, roller skates, strollers or similar items
allowed in the park;
9. Owners must have a leash available at all times;
10. Parking regulations must be obeyed;
11. Dog owners are liable for any injuries or damage caused by
their dog(s);
12. All dogs must be currently licensed;
13. Professional dog trainers are not allowed to conduct training
on site; a
14. No person may bring more than three (3) dogs to the park at
one time.
B. Prohibited Behavior: The following behaviors must be stopped
immediately:
1. Prolonged growling;
2. Mounting or pinning of other dogs.
C. Emergency: In case of an emergency 911 shall be called. (Ord.
1:318, 6 -20 -2000)
6.3.12: INTERFERING WITH ANIMAL CONTROL OFFICERS
PROHIBITED:
ORDINANCE NO. 1330
AMENDING ESMC TITLE 6, ANIMAL CONTROL
PAGE NO. 18
A person shall not interfere with, oppose or resist the poundmaster or any
employee of the City, while such person is engaged in the performance of
any act authorized by this Title.
6.3.13: INTERFERENCE WITH POLICE DOGS:
It is unlawful for any person to willfully tease, torment, agitate, provoke,
beat, kick, strike, injure, maim, disable, kill, or in any way interfere with any
dog being used in a police function by law enforcement officers.
CHAPTER 4
IMPOUNDMENT OF ANIMALS
SECTION:
6.4.1: Poundmaster; Duties; Impoundment Fees
6.4.2: Public Pound Created; Expenses
6.4.3: Animal Impoundment
6.4.4: Reclamation Of Impounded Animals
6.4.5: Impoundment Sale Proceeds
6.4.6: Trespassing Animal Or Fowl
6.4.1: POUNDMASTER; DUTIES; IMPOUNDMENT FEES:
A. City Contract: The City Council may at its discretion at any time
hereafter, and from time to time hereafter, and for such period as to
the City Council may seem proper, contract with any qualified and
responsible person for the furnishing to the City of the public pound
referred to in this Chapter and for the performance of all of the
duties of poundmaster in connection therewith, as contemplated in
this Chapter, including, if the City Council shall so contract, the
collection and issuance by the poundmaster of any license under
this Chapter. In the event the City Council does so contract, then
and in that event the contract shall designate the person to act as
the poundmaster under this Chapter and also provide for the
appointment of his deputies, assistants and successors, if any. In
the event of the making of the contract, the person so designated or
selected, as contemplated in the contract, shall be the poundmaster
and the public pound of the City shall in this case be maintained at
the place or places indicated in the contract.
B. Office Created: The office of poundmaster of the City is created.
The Chief of Police or his or her designee shall serve as
poundmaster.
ORDINANCE NO. 1330
AMENDING ESMC TITLE 6, ANIMAL CONTROL
PAGE NO. 19
C. Collected Fund Disposition: All monies received by the
poundmaster as fees and charges of every kind in connection with
the licensing, impounding, sale or keeping of any animal or fowl,
unless otherwise provided in the contract provided for in this
Chapter, shall be paid by him into the City Treasury before twelve
o'clock (12:00) noon on the Saturday next succeeding the collection
thereof.
D. Entry On Private Premises: The poundmaster is authorized to
enter upon private premises at any and all reasonable times while
engaged in the discharge of his duties under this Chapter for the
purposes of enforcing the provisions of this Chapter.
E. Duties:
1. Generally: It shall be the duty of the poundmaster to make
investigations concerning, to take up, receive into the pound,
maintain therein an to release, discharge or dispose of
therefrom, all animals and fowl found running at large upon
any public highway, street, avenue, way, lane, alley, park,
square, sidewalk or any other public place within the City, or
which shall be staked out or fastened in such a manner that
they can go or enter into or upon any such public highway,
street, avenue, way, lane, alley, park, square, sidewalk or
other public place within the City, or which may be delivered
to such poundmaster by any person under the provisions of
this Chapter, or which may be on private premises within the
City, but which are nevertheless subject to impoundment or
disposal under the provisions of this Chapter. (Ord. 431,
1 -27 -1 54)
2. City Dog License Collector: The poundmaster is declared
the City dog license collector and the poundmaster shall,
upon the payment of the license fee as contemplated in
Chapter 3 of this Title by any owner or person having control
or charge of any dog within the City, deliver to the person an
appropriate tag for which the license fee has been paid and
shall also deliver to the person a receipt for a sum of money
as has been paid as the license fee. (Ord. 982, 12 -18 -1979)
3. Records And Notices: The poundmaster shall keep a full,
true and correct record of all animals and fowl taken,
received and impounded, the date of the impounding and the
date and manner of their release, discharge or disposal and
except as hereinafter provided shall keep conspicuously
posted, at the entrance to the pound, a list of all animals and
fowl therein contained, together with a brief description of
ORDINANCE NO. 1330
AMENDING ESMC TITLE 6, ANIMAL CONTROL
PAGE NO. 20
each of the animals and fowl at all times during which
animals and fowl remain in the pound; provided, however,
that the notice need not be posted if all animals and fowl
within the pound are open to viewing by the public between
the hours of ten thirty o'clock (10:30) A.M. and five o'clock
(5:00) P.M. each day, except Sundays and holidays.
4. Care Of Animals And Fowl: The poundmaster shall provide
the necessary subsistence and shall properly care for all
animals and fowl while in his custody.
5. Animal Or Fowl Disposal: In addition to any other duties
imposed upon the poundmaster by this Chapter, unless
otherwise provided in any contract executed under this
Chapter, it shall be the duty of the poundmaster to remove
and dispose of any and all dead animals or fowl found in or
upon any of the public highways, streets, avenues, ways,
lanes, alleys, parks, squares, sidewalks or other public
places within the City. The poundmaster shall also have the
right to remove and dispose of any abandoned dead animal
or fowl found or being upon any private premises; and, also
to remove and humanely dispose of any live animal or fowl
which, either by reason of age or infirmity or request of the
owner or person having the care, custody or control thereof,
is to be destroyed and disposed of within the City; provided,
however, that in case of large animals weighing two hundred
(200) pounds or more each, and whether live or dead, the
poundmaster shall have a claim against the owner of the
animal for the actual cost of removal and disposition of the
animal and the owner shall be liable to the poundmaster for
the amount of the claim. (Ord. 431, 1 -27 -1954)
F. Fees For Impounding And Keeping Animals: The poundmaster
shall collect from the owner or owners of all animals and fowl
impounded, except dogs, fees for impounding and keeping the
same:
1. For all animals and all fowl impounded in the public pound,
the poundmaster shall collect an impounding fee and in
addition thereto an additional daily maintenance fee shall be
charged for each day the animal or fowl is necessarily held
in the pound. The impoundment and maintenance fees shall
be set by resolution of the City Council. (Ord. 938,
6 -21 -1977)
G. Vaccination Fee; Redemption Of Stray Dogs And Cats: The
poundmaster shall collect a fee from persons redeeming
ORDINANCE NO. 1330
AMENDING ESMC TITLE 6, ANIMAL CONTROL
PAGE NO. 21
impounded dogs and cats for administering distemper vaccinations
to stray dogs and for vaccinating stray cats for feline diseases.
This vaccination fee shall be set by resolution of the City Council.
H. Fees And Procedures For Impounding And Keeping Dogs: Upon
impounding any dog found running at large, the poundmaster shall
immediately prepare a notice containing a brief description of the
dog and within twenty four (24) hours thereafter shall deliver to the
Chief of Police a copy of such notice.
1. At any time within five (5) days from the date of the first
posting of the notice, the owner or persons entitled to the
possession of the dog may reclaim the dog upon payment to
the poundmaster of the impounding fee;
2. For the second impoundment of a dog, owned by the same
person, the pound fee shall be an amount that is double the
standard impoundment fee;
3. For the third impoundment of a dog, owned by the same
person, the pound fee shall be an amount triple the standard
impoundment fee;
4. In addition to the foregoing impounding fee, the daily
maintenancefee shall be paid for each day or portion thereof
for which the dog has been impounded. (Ord. 71,
6 -19 -1979)
6.4.2: PUBLIC POUND CREATED; EXPENSES:
A. Created; Location: A public pound for the City for the impounding
of animals and fowl is authorized and the public pound is created
and established. The public pound shall be maintained at such
place or places as the City Council may from time to time hereafter
by resolution of the City Council determine or as may be
designated in any contract for the performance of pound services
approved and authorized by the City Council. (Ord. 431,
1 -27 -1954)
B. Expense Of Establishing And Maintaining: All expenses of
keeping, maintaining and establishing the public pound, unless
otherwise provided for in the contract referred to in subsection
6.4.1A of this Chapter shall be paid by the City. All claims therefor,
unless provided otherwise in such contract, shall be presented,
ORDINANCE NO. 1330
AMENDING ESMC TITLE 6, ANIMAL CONTROL
PAGE NO. 22
allowed and paid as other claims against the City are presented,
allowed and paid. (Ord. 733, 1 -26 -1970)
6.4.3: ANIMAL IMPOUNDMENT:
A. Costs Of Subsistence And Care: The costs of subsistence or care
for impounded animals and fowl shall be a charge against and paid
by the City, unless otherwise specified in any contract which may
be awarded for the pound service as contemplated in subsection
6.4.1A of this Chapter, in which case the costs thereof shall be paid
and discharged as contemplated in the contract.
B. Minimum Period Of Impoundment: Every animal and fowl
impounded in the public pound shall be kept therein for a full period
of at least five (5) days, exclusive of the day of impoundment,
unless sooner redeemed by the lawful owner thereof or unless in
the opinion of the poundmaster the physical condition of the animal
or fowl is such as to justify prior disposition in order to serve
humane considerations. (Ord. 431, 1 -27 -1954)
6.4.4: RECLAMATION OF IMPOUNDED ANIMALS:
A. Right To Reclaim Upon Payment Of Charges: The owner or any
person entitled to the control of any animal or fowl impounded in
the public pound has the right to reclaim the same at any time prior
to the sale or other actual disposal thereof, upon payment to the
poundmaster of the costs and charges provided for in this Chapter.
B. Payment Of Fees: When any redemption is made under this
Chapter, in addition to paying any impounding and maintenance fee
or costs incurred by reason of impounding any animal impounded
under this Chapter, there shall also be paid the amount of any
license fee which may then be due or payable on such animal
under this Title or any other section of this Code or ordinance of the
City, in case a current license for the animal is not in existence at
the time.
C. Damage Payment: When any redemption is made under this
Chapter, in addition to paying any impounding fee or costs incurred
by reason of impounding any animal or fowl, there shall also be
paid reasonable demands for actual damage done by any animal or
fowl running at large. The damages required to be paid by this
subsection shall be paid to the person whose property was
damaged. Ord. 431, 1 -27 -1954)
6.4.5: IMPOUNDMENT SALE PROCEEDS: Whenever any animal or fowl is
sold as provided in and under the provision of this Chapter, the proceeds of the
ORDINANCE NO. 1330
AMENDING ESMC TITLE 6, ANIMAL CONTROL
PAGE NO. 23
sale shall, unless otherwise provided in any contract made as provided in
subsection 6.4.1A of this Chapter, be paid into the City Treasury. (Ord. 431,
1 -27 -1954; amd. 2000 Code)
6.4.6: TRESPASSING ANIMAL OR FOWL: Any animal or fowl found
trespassing upon any private ground or premises within the City may be taken up
by the party owning, controlling or having possession of the ground or premises,
or by the agent or representative of the person, and committed to the
poundmaster to be dealt with as provided in this Chapter. Any person taking up
the stray animal or fowl found running at large or trespassing upon any property,
ground or premises owned, controlled or in possession of the person shall
promptly notify the poundmaster of such taking up and it is unlawful for any such
person to fail or refuse to surrender the animal to the poundmaster or his duly
authorized representative upon demand. (Ord. 431, 1 -27 -1954)
SECTION 2. This Ordinance shall become effective at midnight on the
thirtieth (30) day from and after the final passage and adoption hereof.
SECTION 3. The City Clerk shall certify to the passage and adoption of
this ordinance; shall cause the same to be entered in the book of original
ordinances of said City; shall make a not of the passage and adoption thereof in
the records of the meeting at which the same is passed and adopted; and shall
within 15 days after the passage or adoption thereof cause the same top be
published or posted in accordance with the law.
PASSED, APPROVED AND ADO P D this 20th day of February
Mike G d Mayor
2001
ORDINANCE NO. 1330
AMENDING ESMC TITLE 6, ANIMAL CONTROL
PAGE NO. 24
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO 1
I, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby
certify that the whole number of members of the City Council of said City is five;
that the foregoing Ordinance No. 1330 was duly introduced by said City
Council at a regular meeting held on the 6th day of February, 2001 , and duly
passed and adopted by said City Council, approved and signed by the Mayor,
and attested to by the City Clerk, all at a regular meeting of said Council held on
the 20TH day of . Feb., 2001 and the same was so passed and adopted by the
following vote:
AYES: Mayor Pro Tem. Jacobs, Council Members Gaines, McDowell and Wernick
NOES: None
ABSENT: Mayor Gordon
ABSTAIN: None
NOT ART] IPATING:
ndy M e en, City Clerk
None
APPROVED AS TO FO M:
M Hensle , City At %oy
ORDINANCE NO. 1330
AMENDING ESMC TITLE 6, ANIMAL CONTROL
PAGE NO. 25