ORDINANCE 1340ORDINANCE NO.
AN ORDINANCE AMENDING TITLE 6 OF THE EL SEGUNDO
MUNICIPAL CODE IN ITS ENTIRETY REGARDING THE
REGULATION OF ANIMALS WITHIN THE CITY'S JURISDICTION.
The Council of the City of El Segundo does ordain as follows:
SECTION 1: Chapter 1 in Title 6 of the El Segundo Municipal Code ( "ESMC "), entitled
County Regulations, is amended in its entirety to read as follows:
"Chapter 1
INCORPORATION OF LOS ANGELES COUNTY ANIMAL REGULATIONS
6 -1 -1: INCORPORATION OF TITLE 10, LOS ANGELES COUNTY CODE: Pursuant to
Government Code § 50022.9, the City Council incorporates Title 10 of the Los Angeles
County Code entitled Animals, subject to the amendments, additions and deletions set
forth below, into this Code. The provisions of this Code will take precedence over any
conflicting provisions in Title 10 of the Los Angeles County Code.
6 -1 -2: DELETIONS FROM LOS ANGELES COUNTY CODE. The following provisions
of Title 10 of the Los Angeles County Code are deleted:
A. Chapter 10.04 entitled General Provisions;
B. Sections 10.08.210 and 10.08.220 in Chapter 10.08 entitled Definitions;
C. Sections 10.20.011, 10.20.212, 10.20.213, 10.20.214, 10.20.215, and 10.20.262 in
Chapter 10.20 entitled Dogs and Cats•,
6 -1 -3: AMENDMENTS TO LOS ANGELES COUNTY CODE. The following provisions of
Title 10 of the Los Angeles County Code are amended to read as follows:
A. Section 10.08.100. "Department" means the El Segundo Police Department.
B. Section 10.08.110. "Director" means the police chief, or designee.
6 -1 -4: ADDITIONS TO LOS ANGELES COUNTY CODE. The following sections are
added to Title 10 of the Los Angeles County Code:
A. Section 10.08.260. "Director of health services" means the police chief or
designee.
B. Section 10.08.270. "Sheriff," "sheriff deputy," and "sheriff officer" means
Page 1 of 20
police officer.
C. Section 10.08.280. "Tax collector" means the finance director, or designee.
6 -1 -5: GENERAL PENALTY: Any person violating any provision of this title is guilty of a
misdemeanor unless otherwise provided in this title."
SECTION 2: Chapter 2 in Title 6 of the ESMC, entitled Animals, is amended in its entirety to
read as follows:
"Chapter 2
ANIMAL CONTROL
6 -2 -1: PURPOSE. This Title 6 of the El Segundo Municipal Code is adopted pursuant to the
City's police powers, and applicable provisions the California Code, for the purpose of
protecting public health and safety; the health and safety of animals kept within the City's
jurisdiction; and ensuring that the requirements of this Title 6 are enforced.
6 -2 -2: DEFINITIONS. Unless the contrary is stated or clearly appears from the context, the
following definitions, in addition to those set forth in chapter 1 of this title, govern the
construction of the words and phrases used in this title:
A. "At large" means whenever a dog is elsewhere than on the premises of the owner
or other person having the custody or control of such dog and is not restrained by
a leash less than ten (10') feet in length, under the control of a person capable of
controlling such dog.
B. "Dog" means both male and female dogs.
C. "Kennel" means 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.
D. "Own" includes the terms keep, maintain, control, harbor, or possess.
E. "Owner" means any natural or artificial person who owns an animal for more than
fifteen (15) days.
F. "Potentially Dangerous Dog" means any of the following:
1. Any dog which, when unprovoked, on two (2) separate occasions within
the prior thirty six (36) month period, engages in any behavior that
Page 2 of 20
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.
Any dog which, when unprovoked, bites a person causing a less severe
injury than as defined in Food and Agricultural Code § 31604.
3. Any dog which, when unprovoked, on two (2) separate occasions within
the prior thirty six (36) month period, has killed, seriously bitten, inflicted
injury, or otherwise caused injury attacking a domestic animal off the
property of the owner or keeper of the dog.
G. "Vicious Dog" means any of the following:
Any dog seized under Penal Code § 599aa and upon the sustaining of a
conviction of the owner or keeper under Penal Code § 597.5(a).
2. Any dog which, when unprovoked, in an aggressive manner, inflicts
severe injury on or kills a human being.
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
Food and Agricultural Code §§ 31641, 31642, or 31643.
6 -2 -3: ANIMALS PERMITTED. It is lawful for a person to own the following animals within
the city:
A. 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;
B. Fish and turtles kept as household pets or as a hobby only;
C. 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;
D. 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;
E. 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;
Page 3 of 20
F. 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;
G. Except in residential districts, dogs used for guard or sentry purposes.
6 -2 -4: CIRCUS.
A. The animals allowed to be owned in this chapter may be used in association with
any circus, carnival, wild west show, or parade for which a permit has been
issued.
B. Unless otherwise provided by a permit issued pursuant to this code, animals used
in conjunction with the type of event listed herein may not be used for such an
event more than twenty four (24) hours before the first performance of the event
nor may such animals remain within the city more than twenty four (24) hours
after the conclusion of the last performance of an event.
6 -2 -5: 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.
6 -2 -6: SCHOOL: All animals enumerated in this chapter may be kept within the city in a public
or private school licensed by the state.
6 -2 -7: ANIMALS PROHIBITED: Unless otherwise provided in this chapter, it is unlawful for
any person to keep, maintain, possess, or control any poisonous or venomous snake or
any wild, carnivorous animal.
6 -2 -8: ANIMALS AT LARGE: It is unlawful for any animal owner to allow that animal to be
at large.
6 -2 -9: ANIMAL CARE: Every person, within the city, who owns any animal or who owns,
conducts, manages or operates any kennel or animal breeding operation for which a
permit is required by this title, will comply with each of the following conditions:
A. Housing facilities for animals will be structurally sound and will 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 will 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 will be maintained in a clean
Page 4 of 20
and sanitary condition.
D. All animals will be so maintained as to eliminate excessive and nighttime noise.
E. No animals will be without attention more than twelve (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, will be posted in a conspicuous place at the front of the property.
F. Every reasonable precaution will be used to ensure that animals are not teased,
abused, mistreated, annoyed, tormented or in any manner made to suffer by any
person or means.
G. No condition will be maintained or permitted that is or could be injurious to the
animals.
H. Animal buildings and enclosures will be so constructed and maintained as to
prevent escape of animals. All reasonable precautions will be taken to protect the
public from the animals and the animals from the public.
I. Every animal establishment will isolate sick animals sufficiently so as not to
endanger the health of other animals. Sick animals will at all times be isolated
from the other animals.
J. Every building or enclosure wherein animals are maintained will be constructed
of material easily cleaned and will be kept in a sanitary condition. The building
will be properly ventilated to prevent drafts and to remove odors. Heating and
cooling will be provided as required, according to the physical needs of the
animals, with sufficient light to allow observation of animals and sanitation.
K. Such person will 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 will be of sufficient size to provide
adequate and proper accommodations for the animals kept therein.
M. Every violation of an applicable regulation will be corrected within a reasonable
time to be specified by the chief of police.
N. Such person will provide proper shelter and protection from the weather at all
times.
O. Such person will not give an animal any alcoholic beverage, unless prescribed by
a veterinarian.
Page 5 of 20
P. Such person will 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 (2) 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 will be deemed not to be
natural enemies.
Q. Such person will 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 will not allow any animal to cause a hazard, or be a menace to the
health, peace or safety of the community.
6 -2 -10: PUBLIC NUISANCE. Any animal (or animals) which molests passersby or passing
vehicles, attacks other animals, trespasses on school grounds, is repeatedly at large,
damages or trespasses on private or public property, barks, whines or howls in an
excessive, continuous or untimely fashion, is a public nuisance.
6-2-11: PERMITS REQUIRED:
A. Compliance; Permit: It is unlawful for any person to keep or maintain, or have in
possession or under control in the city any animal except as permitted by this
chapter.
B. Permit For Keeping Animals. The director may issue a permit to persons wishing
to keep types of animals not identified in this chapter or a greater number of
animals than allowed by this chapter.
6-2-12: APPLICATION FOR PERMIT: An application for a permit will be initiated by filing
a verified application on a form furnished by the director. At a minimum, the application
will include:
A. The applicant's name, address, and telephone number;
B. The number and kind of animals for which a permit is requested;
C. The number and kind of other animals kept on the premises;
D. The type and location of caging, if applicable; and
E. Other information reasonably required by the director. The director will make or
cause to be made such investigation as may be appropriate.
6 -2 -13: CRITERIA FOR APPROVAL: The director will issue or renew the permit if.
Page 6 of 20
A. Issuing a permit will not adversely affect the public peace, health or safety;
B. Keeping of the animal will not violate any applicable laws; and
C. That the facilities for keeping such animals are humane and adequate under the
circumstances as to noise, security and sanitation.
6-2-14: EXPIRATION OF PERMITS: All permits issued on or before October 31 of any year
will expire on December 31 of that year. Any permit issued on or after November 1 of
any year will expire on December 31 of the next succeeding year.
6- 2- 15:APPEAL DECISION OF DIRECTOR; FEE: Any person dissatisfied with the
decision of the director 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 must be
filed within ten (10) days after the director, renders a decision. Failure to appeal a
decision within this time period will waive an applicant's appeal rights.
6-2-16: PLANNING COMMISSION HEARING; NOTICE; DECISION:
A. Hearing Notice: When an appeal is filed, the director will 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 will 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.
B. Decision By Resolution: The planning commission will announce its decision by
resolution.
C. Decision Final: Any action by the planning commission on such matters will be a
final decision. There is no right for city council appeal.
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
will be mailed to the applicant and to any other person requesting notice of the
action.
6 -2 -17: GROUNDS FOR REVOCATION: Any permit issued pursuant to the provisions of
this chapter may be revoked by the director if the director finds:
Page 7 of 20
A. That the permit, or a prior permit of which the permit is an extension was
obtained by fraud; or
B. That the permittee violated the law in keeping such animal; or
C. That the animal or animals endanger the public peace, health or safety."
SECTION 3: Chapter 3 in Title 6 of the ESMC, entitled Dogs, is amended in its entirety to read
as follows:
"Chapter 3
DOGS
6 -3A -1: LICENSING REQUIREMENTS.
A. License Required; Exceptions:
Except as provided in this chapter, it is unlawful for any person to own
any dog without obtaining an annual city license.
2. It is not necessary to purchase a license or to pay a license fee for any dog
under the age of four (4) months.
3. The license fee will not apply to any dogs kept or maintained exclusively
in any dog kennel in the city.
B. Annual License Fees: The annual license fee for keeping and maintaining an
unaltered dog in the city will be set from time to time by city council resolution.
The annual license fee for a spayed or neutered dog will be set at an amount that
is one -half (1/2) 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.
C. Discount For Senior Citizens: A fifty percent (50 %) discount on the dog license
fee will be made available to any resident sixty two (62) years of age or older who
makes application for the discount.
D. Seeing Eye Or Guide Dogs: 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.
Page 8 of 20
E. Date Payable; Proration; Penalty:
Any license fee required to be paid by this chapter will be payable
annually in advance on March 1 of each year, and the license will expire at
twelve o'clock (12:00) midnight on the last day of February of the
following year. The full amount of the license fee will 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 will 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 will become payable
hereunder, will be subject to a penalty of fifty percent (50 %) of the fee
due, which penalty will be collected by the license collector at the time of
the collection of the license fee, and will 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 will set forth the facts upon which the claim for
the exemption is based.
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 director 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.
G. Exception: Animals, other than dogs, are not required to be licensed pursuant to
this chapter.
6 -3A -2: LICENSE TAGS:
A. Contents: Each year the city will procure a sufficient number of suitable metallic
license tags to meet the requirements of this chapter, numbered from one upward
consecutively, on which tags will be stamped the date of their expiration and the
license number, and will issue the same to the director in consecutive order as
may be required.
B. Duplicate: The city council will by resolution establish a fee for issuing a license
and metallic tag to replace a lost license or tag.
C. Affixing To Dog Collar: The owner of any dog upon which the license fee has
Page 9 of 20
been paid will 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.
6 -3A -3: RECEIPT BLANKS: The city will print a sufficient number of receipt blanks to
meet the requirements of this chapter. The receipt blanks will 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 will also designate the rabies vaccination date and tag number and the sex of the
dog for which the license fee has been paid.
6 -3A -4: SUSPENSION OR REVOCATION OF DOG LICENSE. The director may
suspend or revoke any dog license issued under the provisions of this chapter, if at any
time the director fmds 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.
6 -3A -5: RUNNING AT LARGE PROHIBITED.
A. It is unlawful for any person owning or having charge, custody, possession or
control of any dog to cause, permit or allow the dog 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 exceed six feet (6) in length and is in
charge, custody, possession or control of a competent person.
B. This provision will 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 -3A -6: RABIES CONTROL:
A. Vaccination Required; Exception: Every dog in the city over the age of four (4)
months must be vaccinated against rabies
B. Revaccination: Every person keeping, harboring or having a dog in the city that
has been vaccinated with chick embryo vaccine will cause the dog to be
revaccinated within a period of not more than two (2) years after the prior
vaccination.
C. Every person keeping, harboring or having a dog in the city which has been
vaccinated with tissue phenolized vaccine will cause the dog to be revaccinated
with rabies vaccine within a period of not more than one year after the prior
vaccination.
Page 10 of 20
D. Vaccination Certificate Issuance: Every person practicing veterinary medicine in
the city who vaccinates a dog with rabies vaccine will 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 description of the dog, the date of the
vaccination and the type of vaccine used.
E. Certificate And Tag, Exhibition: Every person applying for a dog license will
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
will show that the dog for which the license will be issued either:
Was vaccinated in accordance with this chapter; 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.
6 -3A -7: DOG PARK RULES. The city council may, by resolution, designate particular
parks within the city as dog parks. Persons having custody of dogs at dog parks will
comply with the following:
A. Dogs will not be present at a dog park without an owner or custodian;
B. The dog park will be open from dawn to dusk, seven (7) days a week.
C. Aggressive dogs are not allowed in the park;
D. No food in the park/don't feed dogs in the park;
E. Owners must supervise and clean up after dogs;
F. Children under twelve (12) years of age must be supervised by an adult;
G. Dogs must be at least four (4) months old and vaccinated;
H. Dogs in heat are not permitted;
I. No spiked collars;
J. No bikes, rollerblades, roller skates, strollers or similar items allowed in the park;
K. Owners must have a leash available at all times;
Page 1 I of 20
L. Parking regulations must be obeyed;
M. Dog owners are liable for any injuries or damage caused by their dog(s);
N. All dogs must be currently licensed;
O. Professional dog trainers are not allowed to conduct training on -site;
P. No person may bring more than three (3) dogs to the park at one time.
Q. Prohibited Behavior: The following behaviors must be stopped immediately:
Prolonged growling;
2. Mounting or pinning of other dogs.
6 -3A -8: INTERFERING WITH ANIMAL CONTROL OFFICERS PROHIBITED. A
person will not interfere with, oppose or resist the director or any employee of the city,
while such person is engaged in the performance of any act authorized by this title.
6 -3A -9: 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.
SECTION : A new Chapter 3A is added to Title 6 of the ESMC to read as follows:
"Chapter 3A
LICENSES
6 -3A -1: LICENSE REQUIRED. It is unlawful to operate or maintain a kennel or animal
breeding business in the city without a valid kennel or breeders license issued pursuant to
this title.
6 -3A -2: APPLICATIONS — ALL LICENSES. Persons wishing to obtain either a kennel or
a breeders license must file an application as follows:
A. License applications will be filed by a natural person.
B. License applications will be in a form prescribed by the director and will, at a
minimum, contain all of the following information:
1. Whether the applicant is seeking a kennel or breeders license;
Page 12 of 20
2. The name, mailing address, and daytime and evening telephone numbers
of the person filing the application;
3. If filing on behalf of a business, the name, mailing address, and daytime
telephone number of the organization; and if requested by the director,
written documentation of the authority under which the applicant is
applying for the permit on behalf of the organization;
4. For a kennel license, the proposed location of the kennel;
6 -3A -3: SUPPLEMENTAL INFORMATION. In addition to the information required this
chapter, applications for all licenses will include such supplemental information which
the director may find reasonably necessary in order to determine whether to approve or
deny a license under this chapter.
6 -3A -4: LICENSE ISSUANCE. The director will issue a kennel or breeders license if
A. The application was complete in accordance with this chapter;
B. There are no grounds for denying a license;
C. For a kennel license, operating the proposed kennel will not violate any state or
local regulation;
D. Operating the proposed breeding business will not endanger the health, peace or
safety of the community;
E. The proposed site for the proposed breeding business is clean and sanitary; and
F. The applicant has not had a similar license revoked within one year before the
application.
G. Applicant accepts the permit approval or conditional approval in writing.
6 -3A -5: LICENSE DENIAL. A permit may be denied for the following reasons:
A. The application is incomplete;
B. The applicant failed to provide reasonable supplemental application information
requested by the director;
C. Information submitted by the applicant is materially false;
D. The proposed location for a kennel does not conform with the zoning regulations
of this code;
Page 13 of 20
6 -3A -6: KENNEL LICENSES — GENERAL REQUIREMENTS.
A. Any person conducting, managing or maintaining a kennel will pay the city an
annual fee for the privilege of conducting or maintaining the dog kennel as set by
resolution of the city council for the kennel which will entitle the kennel operator
to maintain ten (10) or fewer dogs.
B. Every person owning or operating any kennel will keep all animals therein under
proper confinement on the premises and will not cause, permit or allow such
animals to be or to run at large.
C. The holder of a kennel license will keep available for inspection, on the premises,
a record that will 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
(4) months of age so long as such dog is kept at the kennel.
D. The provisions of this section do not apply to breeders licenses.
6 -3A -7: DURATION OF LICENSE OR PERMIT. Licenses issued pursuant to this chapter
will expire one year from the date of issuance. The license may be revoked or suspended
for cause in accordance with this chapter before the expiration date. The license is void if
the licensee changes the location of the breeding business or sells, assigns, transfers or
otherwise disposes of such business or his or her interest therein for a period of 30 days
or more.
6 -3A -8: RENEWAL. Each license or permit issued under this chapter will be renewed within
30 days after the expiration thereof.
6 -3A -9: REVOCATION OR SUSPENSION OF LICENSE OR PERMIT.
A. Any license or permit issued under the provisions of this chapter may be revoked
or suspended if the director finds:
Page 14 of 20
That the licensee, his or her agent or employee, has been convicted of any
offense involving the violation of Penal Code §§ 596, 596.6, 597, 597. 1,
597.5, 598 and 599, or of any provision of this chapter;
2. That the licensee, his or her agent or employee, has at the place for which
the license was issued, failed to provide any animal in his or her
possession care or control with proper and sufficient food, drink, shelter or
protection, or subjected any such animal to suffering, cruelty or abuse;
3. That the licensee, his or her agent or employee, failed to maintain the
premises in a clean and sanitary condition;
4. That the licensee, his or her agent or employee, has violated any rule or
regulation made pursuant to the provisions of this title;
5. That the licensee has falsified facts on the license application.
B. If a license is denied or revoked for cause, the director will not accept a new
application by the same person for a breeding license less than six months after
such denial or revocation, unless the applicant affirmatively shows and the officer
finds, by inspection or investigation, that the grounds upon which the first
application was denied or the license was revoked no longer existed.
C. On revocation of a license, no part of the fee is refundable.
6- 3A -10: DISPLAY OF LICENSE OR PERMIT. Licenses issued pursuant to this chapter
will be displayed in a conspicuous place on the licensed premises.
6- 3A -11: BREEDERS LICENSE — REQUIREMENTS.
A. The director may issue a breeders license in the same manner as kennel licenses.
Persons who possess a valid kennel license issued pursuant to this title need not
obtain a breeders license.
B. In addition to every other applicable requirement of this title, every licensee will
comply with each of the following conditions:
1. Every puppy or kitten offered for sale must be examined by a veterinarian
and be certified free of congenital defects, distemper, worms, skin disease,
skin and ear mites, and other diseases or conditions which would be
injurious to the animal or a potential owner.
2. Every puppy or kitten offered for sale will have been vaccinated against
distemper by a veterinarian. A certificate providing the name of the
veterinarian and the date and treatment must be provided to the purchaser
Page 15 of 20
at the time of sale.
No animal will be transported by a licensee unless housed in a container
designed for that purpose including provisions for adequate ventilation
and food and water.
4. No licensee will allow the whelping of more than one litter per female dog
or cat during the license term."
SECTION : Chapter 4 to Title 6 of the ESMC is amended in its entirety to read as follows:
"Chapter 4
IMPOUNDING ANIMALS
6 -4 -1: DIRECTOR; DUTIES; IMPOUNDMENT FEES.
A. In addition to any other duties under this code, the director is responsible for all
duties relating to operation of an animal pound including, without limitation,
capturing, holding, and releasing animals violating any provision of this code.
C. The director will keep a full, true and correct record of all animals impounded, the
date of the impoundment, and the date of release, discharge or disposal. This
documentation will be available for public inspection. The director may
promulgate appropriate regulations for public viewing of impounded animals
D. Care Of Animals And Fowl: The director will provide the necessary subsistence
and will properly care for all impounded animals.
E. The director will remove and dispose of all dead animals found in or upon any of
the public highways, streets, avenues, ways, lanes, alleys, parks, squares,
sidewalks or other public places within the city.
F. The director will remove and dispose of any abandoned dead animal found on
private property in accordance with the nuisance abatement proceedings of this
code.
6 -4 -2: FEES FOR IMPOUNDING AND KEEPING ANIMALS. The director will collect a
fee set by city council resolution from the owners of impounded animals.
6 -4 -3: VACCINATION FEE; REDEMPTION OF STRAY DOGS AND CATS. The
director will collect a fee from persons redeeming impounded dogs and cats for
administering distemper vaccinations to stray dogs and for vaccinating stray cats for
feline diseases. This vaccination fee will be set by city council resolution.
Page 16 of 20
6 -4 -4: IMPOUNDING DOGS. At any time within five (5) days from the date of
impoundment, the owner or persons entitled to the possession of the dog may reclaim the
dog upon payment to the director of the impounding fee;
B. For the second impoundment of a dog, owned by the same person, the pound fee
will be an amount that is double the standard impoundment fee;
G. For the third impoundment of a dog, owned by the same person, the pound fee
will be an amount triple the standard impoundment fee;
H. In addition to the foregoing impounding fee, the daily maintenance fee will be
paid for each day or portion thereof for which the dog was impounded.
6 -4 -5: IMPOUNDMENT OF DOG WITHOUT TAG.
A. The director will capture and impound any dog found within the city limits that is
not wearing a valid license tag and rabies tag conforming to the provisions of this
chapter.
I. The director may enter private property in accordance with applicable law to
examine or capture any dog suspected of being in violation of the provisions of
this code or is suspected of being rabid or infected with rabies.
6 -4 -6: DANGEROUS DOGS; IMPOUNDMENT; HEARING:
A. Filing Of Opinion; Impoundment. Whenever any dog is, in the written opinion of
the director 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 director.
B. Notice Of Impoundment, Opinion, Hearing. As soon as reasonably possible after
the dog is impounded, 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, will be notified, either personally or by mail addressed to the
person, at the address shown in the license, of the fact of the impounding and that
the person or any person interested may appear at a hearing before the director,
the notice of hearing to be served at least forty eight (48) hours before the time of
the hearing, and show cause if the person can, why the dog should not be
destroyed. The notification will also contain or have attached thereto a copy of the
director's written opinion, if any.
C. Hearing; Decision. At the hearing, the director will hear all persons who appear
and desire to be heard, and will thereupon decide whether the dog will be
released, destroyed or otherwise disposed of. The director's decision is final.
There is no right to city council appeal.
Page 17 of 20
D. Micro - Chipping Before Release. If at the conclusion of the hearing the director
determines that the dog will be released, the dog must have a micro -chip
imbedded subcutaneously in accordance with industry standards before being
released to the owner. The micro chipping will be at the owner's expense.
E. Surrender Of Dangerous Dog. Any dog declared after a hearing to be dangerous,
if not already impounded by the department, will be immediately surrendered to
the department.
6 -4 -7: ANIMAL IMPOUNDMENT.
A. Costs Of Subsistence And Care: The costs of subsistence or care for impounded
animals and fowl will 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 by this chapter, in which case the costs thereof will be paid and
discharged as contemplated in the contract.
B. Minimum Period Of Impoundment: Every animal and fowl impounded in the
public pound will 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 director the physical condition of the
animal or fowl is such as to justify prior disposition in order to serve humane
considerations.
6 -4 -8: 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 before the sale or other actual disposal thereof,
upon payment to the director of the costs and charges provided for in this chapter.
F. 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 will 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.
G. 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 will 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 will be paid to the person whose property was damaged.
Page 18 of 20
6 -4 -9: RELEASE FROM IMPOUNDMENT. No impounded dog will be released to any
person except where following occurs:
A. A current license and rabies tag is presented to the director for the dog.
J. The director is given proof that a license fee was paid to the city pursuant to this
title.
K. Impound, collection, and other fees related to the impoundment required by this
title are paid to the city.
L. The director is given proof that the dog is vaccinated for rabies, if required, or a
fee is paid for vaccination.
M. The director determines that the dog does not have and is not reasonably
suspected of having rabies.
6- 4- 10:RABIES SUSPECT, IMPOUNDMENT PROCEDURE. If the director suspects that
an impounded dog has rabies, the dog will be inspected by a county health officer.
Should the dog be found to have rabies, it will 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 will be confined for such time as the health officer directs. Whenever
the health officer determines that the dog does not have rabies, it will be released in
accordance with the provisions of this chapter.
6-4-11: TRESPASSING ANIMAL OR FOWL: Any animal found trespassing upon private
property may be captured 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
director 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 will promptly notify the
director of such capture and it is unlawful for any such person to fail or refuse to
surrender the animal to the director upon demand."
SECTION 5: If any part of this Ordinance or its application is deemed invalid by a court of
competent jurisdiction, the city council intends that such invalidity will not affect the
effectiveness of the remaining provisions or applications and, to this end, the provisions of this
Ordinance are severable.
SECTION 6: The City Clerk is directed to certify the passage and adoption of this Ordinance;
cause it to be entered into the City of El Segundo's book of original ordinances; make a note of
the passage and adoption in the records of this meeting; and, within fifteen (15) days after the
Page 19 of 20
passage and adoption of this Ordinance, cause it to be published or posted in accordance with
California law.
SECTION 7: This Ordinance will become effective thirty (30) days following its passage and
adoption.
PASSED AND ADOPTED this 7thday of November , 2001.
Mike Gordon, Mayor/
ATTEST' Mayor Pro Tem Sa' ra Jacobs, for
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
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. 1340 was duly introduced by said City Council at a regular meeting held on
the 16th day of October 2001, and was 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 7th day of November , 2001, and the same
was so passed and adopted by the following vote:
AYES: Jacobs, Gaines, McDowell, Wernick
NOES: None
ABSENT: Gordon
ABSTAIN: None
Cindy MoYtesen, City Clerk
CNI'MITOTWE
Mark D. He �ttorny /
By:
Karl H. Berger, Ass
,' Aa4 City Attorney
Page 20 of
CITY OF EL SEGUNDO
AFFIDAVIT OF POSTING:
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES } ss
CITY OF EL SEGUNDO }
AFFIDAVIT OF POSTING:
(Insert title of document below)
ORDINANCE NO. 1340
AN ORDINANCE AMENDING TITLE 6 OF THE EL
SEGUNDO MUNICIPAL CODE IN ITS ENTIRETY
REGARDING THE REGULATION OF ANINMALS WITHIN
THE CITY'S JURISDICTION
I, Cathy Domann, declare as follows:
That I am the Deputy City Clerk, acting as a Secretary to the Ell Segundo City
Council; that a copy of the document listed above for the meeting of November 7, 2001
was posted at the following conspicuous place City Hall Front Window on November 13,
2001 at 9:00 a.m.
I declare under the penalty of perjury that the foregoing is true and correct.
Executed on November 13, 2001.
Vi
(Signature)