ORD 415ORDINANCE NO. 415
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA, AMENDING TITLE 10 OF THE
LA QUINTA CHARTER AND MUNICIPAL CODE RELATING
TO ANIMALS
THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DOES ORDAIN
AS FOLLOWS:
SECTION 1:
Title 10
ANIMALS
Chapters:
10.04
Definitions
10.08
Dog Licenses
10.12
Animal Control Officer
10.16
Biting
10.20
Impoundment
10.24
Animal Keeping
10.28
Offenses
Chapter 10.04
Sections:
10.04.010
Definitions generally.
10.04.020
Animal.
10.04.030
Animal Control Officer -Health Officer.
10.04.040
Dog.
10.04.050
Owner.
10.04.060
Unlicensed dog.
10.04.070
Vicious or dangerous animal.
10.04.080
Wild animal.
10.04.090
Livestock.
10.04.100
Poultry.
10.04.1 10
At large.
10.04.120
Substantial injury.
10.04.130
Guide dog/Service dog/Signal dog.
10.04.140
Cattery.
10.04.150
Guard dog.
Ordinance No. 415
La Quinta Charter & Municipal Code
Amending Title 10 / Animals
Adopted: March 3, 2005
Page 2
10.04.010 Definitions generally.
For the purposes of this Title, unless it is plainly evident from the context that a
different meaning is intended, the terms used in this Title shall have the following
meanings.
10.04.020 Animals.
"Animal" means all domestic animals, wild animals, livestock, poultry, or any
other animal.
10.04.030 Animal Control Officer -Health Officer.
A. "Animal Control Officer" means all persons designated by the City as
Animal Control Officer or such other person(s) as the Animal Control Officer has
designated to perform the duties of the position, or such person with whom the city
has contracted to perform such duties, or such person who is otherwise obligated by
law to perform such duties.
B. "Health Officer" means the Health Officer of the city or. county or such
person or persons as are duly authorized by law to perform local Health Officer duties
within the city.
10.04.040 Dog.
"Dog" means any member of the canine family and includes female as well as
male dogs.
10.04.050 Owner.
"Owner" means any person who is the legal owner, keeper, harborer, possessor
or the actual custodian of any animal. Ownership is established by a person
registering as the owner on a license or other legal document by a person claiming
ownership and taking possession of an animal, or by being in possession of an animal
for thirty days or more. If more than one person claims ownership of an animal, the
person who is identified on the license as the owner of the animal shall be considered
the owner. If more than one person is identified on the license as owner or if the
animal is not licensed, the presumption will be that the animal belongs to the occupant
of the residence where the dog resides the majority of the time unless proven
otherwise.
10.04.060 Unlicensed dog.
"Unlicensed dog" means any dog for which the license required under this
Chapter for the current licensing year has not been issued, including circumstances
where a license is not issued for failure to pay the license fee, i.e. has not been
purchased or has expired without renewal fee having been timely paid, or to which the
tag for the current year provided for in this Title is not attached.
Ordinance No. 415
La O.uinta Charter & Municipal Code
Amending Title 10 / Animals
Adopted: March 3, 2005
Page 3
10.04.070 Vicious or dangerous animal.
A. The term "vicious animal" or "dangerous animal" means an animal which:
1 . Has attacked or behaved in such a manner that the owner thereof
knows or should reasonably know that the animal has tendencies to attack or bite
human beings; or
2. Has twice within a thirty-six month period bitten, attacked, or
shown the disposition, tendency, or propensity to attack, bite, or otherwise cause
injury or attempt to cause injury to a person engaged in lawful activity; or
3. Has once attacked or bitten a person engaged in lawful activity,
causing death or substantial injury; or
4. Has been determined by a doctor of veterinary medicine, after
observation thereof, as posing a danger to humans or domestic animals if not enclosed
or muzzled; or
5. Has attacked or behaved in such a manner that the owner thereof
knows or should reasonably know that the animal has tendencies to attack domestic
animals without provocation; or
6. Has been trained for fighting or as an attack animal, except such
animals which are employed by a government agency, including the police department
of the city or county; or
7. Has been classified as dangerous, potentially dangerous or vicious
by any other local, county, or state animal control agency; or
8. When unprovoked, has on two separate occasions within the prior
thirty-six month period engaged in any behavior that required a defensive action by any
person to prevent bodily injury to himself or herself or another person during which the
person having been attacked and the attacking animal was off the property of the
owner or keeper of the animal; or
9. Has been outfitted with a training device for fighting or attack,
such as a weighted collar around the neck of the animal, or found to be allowed to
hang suspended from an object by biting into and holding onto the object with its
jaws, shall be presumed to be an animal trained as a fighting or attack animal; or
10. Of a species, breed, or kind (excluding dogs and cats), which in its
wild or untamed condition is capable of and, if aroused, is likely to cause death or
serious injury to a human being or which would cause serious fear or alarm to the
average person if seen wandering at large in an inhabited community.
11. That meets the definition of "vicious animal" or "dangerous animal"
contained in California Food and Agriculture Code section 31626.
B. This provision shall not apply to animals owned and used by a
government entity, including, but not limited to, public entities' guard dogs or sentry
dogs, as defined by section 10.04.150 of this Chapter.
Ordinance No. 415
La Quinta Charter & Municipal Code
Amending Title 10 / Animals
Adopted: March 3, 2005
Page 4
10.04.080 Wild animal.
"Wild animal" means any animal not ordinarily and customarily domesticated,
but of a species, breed or kind which is wild by nature and not generally and
commonly propagated and raised by man or woman in this state for use as a
household pet or domestic or domesticated animal or which, because of its size,
disposition, nature, or other characteristics could constitute a danger to human life or
property. The definition of "wild animal" shall include feral animals.
10.04.090 Livestock.
"Livestock" means any animal commonly considered a "barnyard" animal or
animals raised for food production, including, but not limited to horses, cattle, sheep,
goats, hogs, pigs, rabbits, alpacas, llamas, emus, and ostriches.
10.04.100 Poultry.
"Poultry" means fowl, including, but not limited to, chickens, turkeys, ducks,
geese, guinea poultry, pigeons, peacocks, pheasants or any other large domestic or
tame birds.
10.04.1 10 At large.
"At large" means an animal off the property of its owner without consent of the
owner of the property where the animal is found and not under restraint by leash or
chain.
10.04.120 Substantial injury.
"Substantial injury" means any physical injury that results in a broken bone, a
muscle tear, skin laceration or puncture wound.
10.04.130 Guide dog/Service dog/Signal dog.
"Guide dog," "service dog," and "signal dog" shall include those dogs that are
used to perform these respective functions (e.g., seeing eye dog for the blind, a signal
dog for the deaf, or a service dog for the handicapped) and those dogs in training to be
guide dogs, service dogs or signal dogs.
10.04.140 Cattery.
"Cattery" means any residence, structure, or premises, whether indoors or
outdoors, which houses, contains, maintains or provides shelter or sustenance for five
or more cats of four months old or older.
Ordinance No. 415
La Quint& Charter & Municipal Code
Amending Title 10 / Animals
Adopted: March 3, 2005
Page 5
10.04.150 Guard dog.
"Guard dog" means a working dog, utilized to protect a commercial business,
and allowed to work without supervision on fenced premises to guard against trespass
by attacking or threatening to attack persons found within the enclosure patrolled by
such dog, and resisting leaving the protected premises without the presence of its
handler or owner. For the purposes of this Ordinance, a "Guard dog" shall be
considered a dangerous animal. "Guard dog" shall also mean "Sentry dog."
Chapter 10.08
DOG LICENSES
Sections:
10.08.010
License required.
10.08.020
Exemptions.
10.08.030
Term.
10.08.040
Fees.
10.08.050
Application.
10.08.060
Anti -rabies vaccination required.
10.08.070
Issuance of tags and certificates.
10.08.080
Tag -Attachment required.
10.08.090
Tag -Display required.
10.08.100
Tag -Removal prohibited.
10.08.110
Tag -Replacement.
10.08.120
Tag -Altering or counterfeiting.
10.08.010 License required.
No person within the city owning, possessing, controlling, harboring or keeping
any dog over four months of age shall fail, refuse or neglect to procure a dog license
tag for such dog from the City Manager or his or her authorized agent. No license
issued pursuant to this Title shall be transferable. Within thirty days of transfer of dog
ownership, the new person claiming ownership of said dog shall complete a new
application for a dog license and shall procure a new license and tag providing required
information as set forth in section 10.08.050. A "rabies tag" issued by a veterinarian
shall not be considered a "City of La Quinta Dog License."
Ordinance No. 415
La Quinta Charter & Municipal Code
Amending Title 10 / Animals
Adopted: March 3, 2005
Page 6
10.08.020 Exemptions.
A. A dog license tag is not required for any dog found within the city under
any of the following conditions:
1. When the dog is owned by, or in the care of, any person who is a
nonresident or who is traveling through the city, or who is temporarily sojourning
therein, provided the dog is kept within the city for less than thirty consecutive days
and less than a total of sixty days in any given year; or
2. When the dog has a valid license from either the County of
Riverside or another city within the County. This exemption shall be available for a
maximum period not exceeding six months for any given dog.
10.08.030 Term.
The effective period of each dog license issued shall be not more than three
years and, in no case, shall be valid for a period of time longer than the term of
immunization specified by the veterinarian performing the dog's rabies vaccination.
10.08.040 Fees.
A. The fee for a dog license shall equal an amount fixed from time to time by
resolution of the city council; provided, that in the absence of any such established
amount, the licensing authority may collect and deposit in the appropriate accounts
provided for such purpose a fee in the same amount as is applicable for similar dog
licensing in unincorporated areas of the county.
B. No fee shall be required for a license for any guide dog, signal dog or
service dog if such dog is in the possession and under the control of, in the case of a
guide dog, a blind person, or, in the case of a signal -dog, a deaf or hearing -impaired
person, or, in the case of a service dog, a physically disabled person.
10.08.050 Application.
The owner shall state at the time application for licensing is made, and upon
standard printed forms of application provided for such purpose, his or her name and
address and the name, breed, color, age, history and sex, indicating whether or not the
dog is neutered or spayed, for each dog for which application is made.
10.08.060 Anti -rabies vaccination required.
As a condition for the issuance of a license, within thirty days prior to the
issuance of the license, all applicants for the license shall procure and deliver to the
licensing authority a certificate issued by a veterinarian certifying that the dog to be
licensed has been administered an anti -rabies vaccination approved for use in the State
of California by the California Department of Health Services, and has received an anti-
rabies vaccination sufficient to immunize the dog against rabies for the period of the
applied for license.
Ordinance No. 415
La Quinta Charter & Municipal Code
Amending Title 10 / Animals
Adopted: March 3, 2005
Page 7
10.08.070 Issuance of tags and certificates.
A metallic tag and license certificate with corresponding numberr shall be
furnished by the licensing authority upon payment of the appropriate fee prescribed by
section 10.08.040 of this Chapter and upon satisfaction of all conditions stated in this
Chapter for licensing.
10.08.080 Tag -Attachment required.
The licensing authority shall keep a record of the owner or person making
payment of the license fee and to whom a certificate and tag has been issued,
including the number and date of the certificate and the tag. The metal tag issued
shall be securely fixed to a collar, harness, or other device to be worn at all times by
the dog for which the registration is issued.
10.08.090 Tag -Display required.
No person shall fail or refuse to state his or her true name and residence address
upon demand of an Animal Control Officer or any law enforcement officer, or to show
upon demand of an Animal Control Officer or any law enforcement officer; the license
certificate and the tag for any duly registered dog kept or remaining within any home
or upon any enclosed premises under his or her immediate control.
10.08.100 Tag -Removal prohibited.
No one other than Animal Control personnel shall remove any dog collar,
harness, or other device to which is attached a registration tag for the current license
year, or remove the tag there from.
10.08.110 Tag -Replacement.
If the dog license tag is lost or destroyed, the owner shall immediately procure a
duplicate license tag from the licensing authority, for which a fee of one-half the
license fee set forth in section 10.08.040 of this Chapter shall be charged.
10.08.120 Tag -Altering or counterfeiting.
A. It shall be unlawful to alter, falsify or counterfeit a rabies vaccination
certificate, dog license certificate or dog license tag. No tag may be altered by anyone
other than the licensing authority or a duly appointed representative. No person shall
make use of or have in his or her possession or under his or her control a stolen,
counterfeit or forged dog license receipt, dog license tag, rabies vaccination receipt or
other form issued in accordance with this Chapter.
B. It shall be a violation of this section to attach a city dog license to the
collar, harness, or other device of a dog for which the license has not been issued.
Chapter 10.12
ANIMAL CONTROL OFFICER
Sections:
10.12.010
Position created -General duties.
10.12.020
Powers of enforcement.
10.12.030
Interference with animal control duties.
10.12.040
Impoundment on private property.
10.12.050
Use of equipment to impound and firearms authorized.
10.12.010 Position created -General duties.
The position of Animal Control Officer is created and established. The duties of
the Animal Control Officer are as follows:
A. To receive, pick up and impound any and all animals found running at
large contrary to the provisions of this Title, or in violation of any law of the state;
B. To regularly and adequately feed, water, and otherwise care for all
animals impounded under the provisions of this Title;
C. To collect impound fees, license fees on impounded animals, placement
fees, and any other fees or taxes provided for in this Title when appropriate;
D. To promptly deposit all monies collected into the appropriate accounts
provided for such purpose;
E. To keep true and accurate records of all city shelter activity for at least
three years;
F. To receive, pick up, and impound any and all animals found to be in
violation or contrary to the provisions of this Title, or in violation of any law of the
state; and
G. To take any reasonable action to enforce any provision of this Title.
10.12.020 Powers of enforcement.
In the performance of his or her duties as such, the Animal Control Officer and
his or her deputies and assistants are invested with the power and authority of a law
enforcement officer of this city, but shall not be deemed to be members of the police
department. The Animal Control Officer, his or her deputies and assistants, and all
peace officers are empowered to enforce this Title and any statute of the state relating
to animals, unless otherwise provided by law.
10.12.030 Interference with animal control duties.
No person shall interfere with, oppose or resist any person authorized to enforce
this Title, while such person is engaged in the performance of his or her duties.
Making a false statement or report or the falsification of information to an Animal
Control Officer shall be considered a violation of this section.
Ordinance No. 415
La Quinta Charter & Municipal Code
Amending Title 10 / Animals
Adopted: March 3, 2005
Page 9
10.12.040 Impoundment on private property.
Animals running at large and returning to private property may be impounded if
the owner or person in control of the animal is not on the property and the Animal
Control Officer determines that exigent circumstances exist that require swift action to
save life, property or evidence of the unlawful action. In such cases, the Animal
Control Officer may enter onto private property to remove the animal in order to
prevent further running at large or to enforce this Title and any statute of the state
relating to animals, unless otherwise provided by law.
10.12.050 Use of equipment to impound and firearms authorized.
In performance of his or her duties, the Animal Control Officer and/or his or her
deputies shall have the authority to employ the use of a tranquilizer gun, net gun, and
any animal control equipment or device in common use within the state necessary to
take up and impound an animal either running at large or considered to be a threat by
the Animal Control Officer to person or property.
Chapter 10.16
BITING
Sections:
10.16.010
Biting animals -Quarantine orders.
10.16.020
Animals dying while under quarantine.
10.16.030
Knowledge of bite -Duty to report.
10.16.040
Bitten animals -When to be quarantined.
10.16.050
Disposition of animals appearing to have rabies.
10.16.060
Rabies epidemics -Authority of Health Officer.
10.16.070
Quarantine of a dog used by law enforcement.
10.16.080
Use of an animal as a threat or weapon.
10.16.090
Animal bite unlawful.
Ordinance No. 415
La Quinta Charter & Municipal Code
Amending Title 10 / Animals
Adopted: March 3, 2005
Page 10
10.16.010 Biting animals -Quarantine orders.
Whenever it is shown that any animal has bitten any person or animal, or
exhibits evidence of rabies, no owner or person having custody or possession thereof,
upon order of the Animal Control Officer or of the County Health Officer (or any other
person exercising the duties of Health Officer for the city) or their deputies, shall fail,
refuse, or neglect to quarantine the animal and keep it tied up or confined for a
minimum period of ten days, or shall fail, refuse, or neglect to allow the Animal Control
Officer or the Health Officer or their deputies to make an inspection or examination
thereof at any time during such period. No such animal shall be removed or released
during the quarantine period without the written permission of the Animal Control
Officer or the Health Officer or their deputies. Unless otherwise specified by the
Animal Control Officer or the Health Officer, the animals shall be confined in a pound
or shelter or a veterinary hospital at owner's expense. All provisions found in section
10.16.040 shall pertain to this section.
10.16.020 Animals dying while under quarantine.
The head of an animal dying while under isolation in quarantine shall be
submitted. to the laboratory of the county health department for examination for rabies.
No liability shall incur to the city or any of its employees or agents for violation of this
section.
10.16.030 Knowledge of bite -Duty to report.
Whenever any person owning or having charge, care, control, custody or
possession of any animal has knowledge that the animal has bitten any person, the
person owning or having charge, care, control, custody, or possession of the animal
shall report the fact forthwith to the Animal Control Department. The report shall
state the name and address of the person bitten, the time and place of occurrence, and
any other information so requested by an Animal Control Officer.
10.16.040 Bitten animals -When to be quarantined.
A. Whenever any animal is bitten by another animal having or suspected of
having rabies, or a bitten animal shows any symptoms of rabies, the owner or person
having possession of the bitten animal shall immediately notify an Animal Control
Officer or the Health Officer and confine the animal, away from other animals, until it
is established to the satisfaction of the Animal Control Officer or the Health Officer
that it does not have rabies. The Animal Control Officer shall inspect the animal at the
beginning of quarantine and at the end of quarantine prior to release.
Ordinance No. 415
La Quinta Charter & Municipal Code
Amending Title 10 / Animals
Adopted: March 3, 2005
Page 11
B. If the Animal Control Officer or the Health Officer determines that exigent
circumstances exist that require swift action to save life, property or evidence of the
unlawful action, the Animal Control Officer or the Health Officer shall have the
authority to enter onto any private property where the animal is kept or where it has
strayed, to inspect and, if necessary, to seize and impound any animal suspected of
being rabid.
C. The period of quarantine shall be not less than ten days for dogs or cats
and not less than fourteen days for other animals. The Animal Control Officer or the
Health Officer shall have the authority to quarantine any such animal at the owner's
residence, or impound the animal at the owner's expense. Any animal found to be in
violation of home quarantine order may be impounded and placed on quarantine at the
animal shelter if the owner or person having control thereof fails to confine the animal
or in case the owner or person having possession thereof is not readily accessible.
10.16.050 Disposition of animals appearing to have rabies.
A. If upon observation the Animal Control Officer or the Health Officer
-- determines that any animal has rabies, he or she may after providing notice to the
owner, if known, destroy the animal forthwith, or hold th.e animal for further
examination for such time as he or she may consider advisable.
B. Unless otherwise authorized by State or federal law, no person other than
the Animal Control Officer or a Peace Officer shall kill or cause to be killed any rabid
animal, any animal suspected of having been exposed to rabies, or any animal biting a
human, unless that person kills the animal in self-defense or in the defense of others.
No person shall remove a rabid animal or animal suspected of having been exposed to
rabies from the city without written permission from the Animal Control Officer. This
section shall not apply to a veterinarian or his or her assistant(s) preparing an animal
suspected of rabies for an FRA rabies test. Results of such tests shall be reported to
the Animal Control Department by the veterinarian or his or her assistant(s).
10.16.060 Rabies epidemics -Authority of Health Officer.
Whenever the County Health Officer (or any other person exercising the duties
of Health Officer for the city) determines that an epidemic of rabies exists or. is
threatened, he or she shall have the authority to take such measures as may be
reasonably necessary to prevent the spread of the disease, including the declaration of
a quarantine for a period of not more than one hundred twenty days against any or all
animals in any area of the city as he or she may determine and define. An additional
or extended quarantine period may also be declared if it is deemed necessary by the
Health Officer for the protection and preservation of the public health, peace, and
safety. Subject to any restriction set out in this section, quarantine declared under the
Ordinance No. 415
La Quinta Charter & Municipal Code
Amending Title 10 / Animals
Adopted: March 3, 2005
Page 12
provisions of this section shall be upon conditions that the Health Officer determines
and declares to be appropriate, consistent with state and federal law.
10.16.070 Quarantine of a dog used by law enforcement.
Notwithstanding any other provision of this Title, a dog used by any state,
special district, federal, county, city, or city and county law enforcement agency shall
not be quarantined after biting any person if such bite occurred while the dog was
being used for any law enforcement purpose. The law enforcement agency shall notify
the Animal Control Department within its jurisdiction if the dog exhibits any abnormal
behavior and make the dog available to the department at any reasonable time.
10.16.080 Use of an animal as a threat or weapon.
It shall be unlawful for any owner of any animal to cause such animal to attack,
threaten to attack or pursue another person engaged in any lawful activity.
10.16.090 Animal bite unlawful.
It shall be unlawful for the owner of any animal which has bitten, attacked, or
shown the disposition, tendency, or propensity to attack, bite, or otherwise cause
injury or attempt to cause injury to a person engaged in lawful activity to cause or
allow such animal to be at large.
Sections:
10.20.010
10.20.020
10.20.030
10.20.040
10.20.050
10.20.060
10.20.070
10.20.080
10.20.090
Chapter 10.20
IMPOUNDMENT
Impounding of animals.
Notification of owner.
Disposition of unclaimed animals.
Destruction of animals dangerous to impound.
Reclaiming animals.
Owner's right to redeem animal from purchaser.
Owner's liability to city when redeeming animal from purchaser.
Impoundment fees.
Control and impoundment of dangerous or vicious animals.
Ordinance No. 415
La Quinta Charter & Municipal Code
Amending Title 10 / Animals
Adopted: March 3, 2005
Page 13
10.20.010 Impounding of animals.
It shall be the function and within the power of the Animal Control Officer to
pick up, impound, and safely keep any of the animals mentioned in this Title found
running at large, staked, tied, or being herded or pastured in any street, lane, alley,
court, square, park, or other place belonging to or under the control of the city, or
upon any private property, which is acting in a manner that is contrary to the
provisions of this Title or to the right of the public.
10.20.020 Notification of owner.
The Animal Control Officer shall immediately upon impoundment of dogs or
other animals make reasonable effort to notify the owners of dogs or other animals
impounded, and inform the owners of the procedures, if applicable, to regain custody
of the animals. If an impounded dog has a valid license, the owner shall be notified,
either personally or by telephone or by deposit of appropriate notice in the mails
addressed to the record address with postage prepaid, or by posting the notice on the
door of the owner's residence.
10.20.030 Disposition of unclaimed animals.
A. All animals impounded at the city shelter shall be provided with proper
and sufficient food and water. Unless unlicensed animals have been claimed within
five days after being impounded, or licensed dogs within ten days after the notification
provided for in section 10.20.020, they may be sold by the Animal Control Officer to a
person offering to pay a cash amount set by the Animal Control Officer; provided, that
the purchaser shall not be given possession of any dog until he or she has paid to the
Animal Control Officer the license fee for the dog and until he or she has made
appropriate arrangements for any necessary rabies vaccination, if necessary.
B. If any animal impounded by the Animal Control Officer has not been
claimed within the period stated in this section and cannot be sold within a reasonable
time thereafter, it may be destroyed by the Animal Control Officer in a humane
manner. In lieu of destruction, animals may be released without charge to any humane
organization that provides an animal adoption service.
C. The Animal Control Officer shall maintain a file describing each animal
impounded in the city shelter, beginning on the day any such animal -is taken or
delivered into the possession of the shelter. No animal found which, in the opinion of
the Animal Control Officer, constitutes a threat to the public welfare shall be adopted
or released to any person who is not the owner of the animal.
Ordinance No. 415
La Quinta Charter & Municipal Code
Amending Title 10 / Animals
Adopted: March 3, 2005
Page 14
10.20.040 Destruction of animals dangerous to impound.
After providing notice to the owner, if known, an Animal Control Officer is
authorized to forthwith destroy any animal lawfully impounded which the Officer
determines due to disease or other cause poses an imminent danger to persons or
other animals so that impoundment of the animal would cause serious threat to others
or would be inhumane to the animal. Nothing in this Title shall be construed to
prevent an Animal Control Officer from taking whatever action is reasonably necessary
to protect his or her person or other members of the public from injury or damage,
including immediate destruction of any vicious or dangerous animal without notice to
the owner or custodian.
10.20.050 Reclaiming animals.
The owner of any licensed impounded animal shall have the right to reclaim it at
any time prior to the lawful disposition thereof, upon payment to an Animal Control
Officer of the costs and charges provided in this Title for impounding and keeping such
animals. Any person claiming ownership of any unlicensed impounded animal shall be
required to present proof of ownership satisfactory to the Animal Control Officer, and
thereafter the animal may be released to the claimant upon his or her making payment
of all applicable costs, fees, and charges prescribed in this Title including, but not
necessarily limited to, any veterinary fees incurred and upon his or her making
appropriate arrangements for any necessary rabies vaccination.
10.20.060 Owner's right to redeem animal from purchaser.
The owner of any impounded animal may, at any time within thirty days after
sale by an Animal Control Officer, redeem the animal from the purchaser by paying him
or her an amount of money equaling each of the following, in the aggregate: the
purchase price paid to an Animal Control Officer; any license fee paid and rabies
vaccination costs incurred; and rates established by section 10.20.080 for daily care
and feeding for the number of days starting from the date of sale to and including the
date of redemption by the owner.
10.20.070 Owner's liability to city when redeeming animal from purchaser.
In each case where the owner of an impounded animal redeems it from the
purchaser, irrespective of whether payment was made as prescribed in section
10.20.060, the owner shall be liable for payment to an Animal Control Officer for all
fees prescribed pursuant to section 10.20.080 for impounding and for the daily care
and feeding of the animal incurred during the impoundment, deducting there from the
sale price paid to an Animal Control Officer by the purchaser. The amount of the
owner's liability under this section shall be deemed a debt to the city, and an action
may be commenced in the name of the city in any court of competent jurisdiction for
the amount of any such debt.
Ordinance No. 415
La Quinta Charter & Municipal Code
Amending Title 10 / Animals
Adopted: March 3, 2005
Page 15
10.20.080 Impoundment fees.
Except in cases when disposition of an animal is made pursuant to section
10.20.030, an Animal Control Officer shall receive and collect fees for impoundment,
care, and feeding of impounded animals. The nature and amounts of such fees shall
be as fixed from time to time by resolution of the city council. In the absence of any
such fee or fees having been so established, an Animal Control Officer may collect and
deposit in the appropriate accounts provided for such purpose, a fee or fees in the
amount or amounts as is applicable for similar functions or services in the
unincorporated areas of the county.
10.20.090 Control and impoundment of dangerous or vicious animals.
A. No person owning or having the care or custody of a dangerous or vicious
animal shall permit such animal to go unconfined on the premises of such person. A
dangerous and vicious animal is unconfined, as the term is used in this Title, if such
animal is not securely confined indoors or confined in a securely enclosed and locked
pen or a run area upon the premises of said person. Such pen or run area must also
have secure sides six feet high and a secure attached top. If the pen or structure has
no bottom secured to the sides, the sides must be imbedded into the ground or
concrete. Such sides shall be imbedded into the ground no less than one foot deep. If
concrete is used, such sides shall be imbedded no less than two inches into the
ground. Such pen shall be of adequate floor size as to allow said animal to be able to
move around and obtain adequate exercise. All gates or door openings through such
enclosures shall be equipped with a self -closing and self -latching device designed to
keep and capable of keeping such door or gate securely closed at all times when not in
actual use. Such latching device must be located not less than five feet above the
ground. The owner or custodian of an animal declared dangerous or vicious shall allow
an Animal Control Officer or his or her deputies to inspect such pen or enclosure at any
reasonable hour to insure compliance with this section.
B. No person owning or harboring or having the care or custody of a
dangerous or vicious animal shall suffer or permit such animal to go beyond the
premises of such person unless the animal is securely muzzled and restrained with a
chain having a minimum tensile strength of three hundred pounds and not exceeding
three feet in length or, for animals under twenty pounds, on a chain as determined by
the Animal Control Department to be adequate based on the animal's size and
strength. Such animal shall be under the control of someone able to control and
restrain the animal and of eighteen years of age or more.
Ordinance No. 415
La Quinta Charter & Municipal Code
Amending Title 10 / Animals
Adopted: March 3, 2005
Page 16
C. No person shall own or harbor any animal for the purpose of fighting any
other animal nor train, torment, badger, bait or use any animal for the purpose of
causing or encouraging said animal to unprovoked attacks on human beings or
domestic animals. Nor shall any person outfit any animal with a training device for
fighting or attack, such as a weighted collar around the neck of the animal. Nor shall
any person allow an animal to hang suspended from an object by biting into and
hanging onto the object with its jaws.
D. No person shall possess, with intent to sell, or offer to sell, breed, or buy
or attempt to buy within the city any vicious or dangerous animal.
E. Any person owning or harboring or having the care of any dangerous or
vicious animal shall maintain a policy of insurance in an amount not less than fifty
thousand dollars insuring said person against any claim, loss, damage, or injury to
persons, domestic animals, or property resulting from acts, whether intentional or
unintentional, of the dangerous and vicious animal. Such person shall produce
evidence of such insurance upon the request of a law enforcement officer or Animal
Control Officer.
F. Whenever an animal suspected of being dangerous or vicious is reported,
an Animal Control Officer may investigate the circumstances, and if he or she finds
that the animal by reason of its acts, propensities, or disposition is a dangerous or
vicious animal as defined in this Title, he or she may notify the owner in writing stating
the facts and circumstances that such determination has been made and that as a
dangerous and vicious animal it is to be in the Animal Control Officer's discretion to (a)
destroy the animal in the interest of public safety, (b) require that the animal be
maintained as required by this section, or (c) determine, the animal not to be dangerous
or vicious. The notice shall also notify the owner of the right to appeal and the time
period for filing an appeal of the determination. The ownership interest of an animal
under investigation pursuant to this section or already under such an order or the
appeal of such an order shall not be transferable to a new owner or caretaker during
the process. Once an animal has been found to be vicious or dangerous, this finding
shall remain in effect for the remainder of the life of the animal, and the ownership of
the animal may not be transferred. Animals without an owner found to constitute a
threat to the public welfare will be destroyed in the interest of public safety. No
ownership rights can or shall be granted to a person other than the owner of such
animals at the time of the determination. The owner of a dangerous and vicious
animal must be eighteen years old or older.
G. Upon request, the owner of an animal declared to be dangerous or vicious
by an Animal Control Officer shall be entitled to an administrative hearing before a
Hearing Officer for the purpose of determining whether his or her animal constitutes a
dangerous and vicious animal. The request for an administrative hearing must be made
by the owner of the animal at issue, in writing, and must be delivered to the Animal
Ordinance No. 415
-.-- La auinta Charter & Municipal Code
Amending Title 10 / Animals
Adopted: March 3, 2005
Page 17
Control Department within ten calendar days of receipt of the Animal Control Officer's
determination that the animal constitutes a dangerous and vicious animal. After a
request for hearing is received, the date of the hearing will be scheduled no less than
five days, but not more than thirty days, from the date of receipt of request for
hearing. The owner of the animal shall be entitled to review all evidence in the city's
possession to be used by the city in the hearing at least three days prior to the hearing
date.
H. The Director of Building and Safety shall appoint a person or contract an
agency to provide a person who shall act as the Hearing Officer, preside at the
hearing, and hear all facts and testimony presented and evidence admitted and deemed
appropriate. The Hearing Officer's compensation, if any, shall not in any way be
impermissible tied to his/her decision making responsibilities. Any person designated
to serve as a Hearing Officer is subject to disqualification for bias, prejudice, interest,
or for any other reason for which a judge may be disqualified pursuant to Code of Civil
Procedure Section 170.1. The owner of an animal desiring to challenge the Hearing
Officer chosen to preside over the administrative hearing must file a statement with
the city manager objecting to the Hearing Officer and setting forth the grounds for
disqualification. The question of disqualification shall be heard and determined in
writing by the city manager within ten days following the date on which the
disqualification statement is filed.
I. The Hearing Officer, after hearing all the facts, shall render one of three
decisions: (a) the animal is deemed vicious or dangerous and shall be destroyed in the
interest of public safety; (b) the animal is deemed vicious or dangerous and must be
maintained according to this section for the remainder of the life of the animal; or (c)
the animal is not deemed vicious or dangerous and is to be released to the owner. The
Hearing Officer shall deliver the determination of the hearing in writing within ten days
of the hearing to the Animal Control Department and the owner of the animal at the
last known address. The determination of the Hearing Officer is final. Any appeal of
the Hearing Officer's determination shall be made pursuant to the provisions of
California Food and Agriculture Code section 31622.
J. If, after the appeal hearing, it is determined that the animal is vicious or
dangerous, the Hearing Officer may order the owner to keep the animal confined as
provided in this section. If suitable restraints or enclosures discussed in section
10.20.090(B) are not immediately available, or if the owner or keeper of such animal
fails or refuses to demonstrate that such restraints or enclosures are available or
suitable, or if restraint or confinement is impracticable, the animal shall be impounded
until the owner is able to comply with the Hearing Officer's order. For any such
impoundment, the owner shall be liable to the city for payment of fees as prescribed in
section 10.20.080, and any animal not reclaimed within thirty calendar days after
Ordinance No. 415
La Quinta Charter & Municipal Code
Amending Title 10 / Animals
Adopted: March 3, 2005
Page 18
such impoundment shall be deemed abandoned and unclaimed and shall be subject to
destruction.
K In cases where the animal is not impounded, and written notification has
been given as herein provided, if an owner fails to provide adequate restraint or control
of the animal as ordered by the Hearing Officer within thirty days, or if the owner
thereafter at any time fails to maintain the adequate restraint or control or comply with
the orders of the Hearing Officer, the owner shall be guilty of a misdemeanor, and the
animal shall be subject to summary destruction. Notwithstanding any of the foregoing,
no animal found to be dangerous, vicious or a threat to the public health and/or safety
shall be placed up for adoption to the public.
L. Any person owning, harboring or having the care of any dangerous or
vicious animal shall have the animal micro chipped and photographed for positive
future identification. The micro chipping procedure shall be preformed by a trained
professional to be chosen by the Animal Control Department or a veterinarian. This
procedure shall be performed at the owner's expense. The animal will be made
available to the Animal Control Department at a reasonable time for scanning to verify
the procedure and document the identification number of the microchip.
Sections:
10.24.010
10.24.020
10.24.030
10.24.035
10.24.040
10.24.045
10.24.050
10.24.060
10.24.070
10.24.080
10.24.090
10.24.100
10.24.1 10
10.24.120
10.24
ANIMAL KEEPING
Female dogs to be confined during breeding period.
Wild animals to be confined.
Kennels subject to zoning and health regulations.
Standard of care.
Maximum number of dogs.
Catteries.
Keeping wild, exotic and dangerous animals and reptiles.
Animals near buildings.
Animals on unsanitary premises.
Livestock prohibited in certain areas.
Disposal of carcasses.
Dangerous animals from another jurisdiction.
Keeping of guard dogs.
Permit required.
Ordinance No. 415
La Quinta Charter & Municipal Code
Amending Title 10 / Animals
Adopted: March 3, 2005
Page 19
10.24.010 Female dogs to be confined during breeding period.
No owner of an unspayed female dog shall fail, refuse or neglect during the
breeding period of the dog to confine it in such a manner which reduces, so far as is
practicable under the circumstances, the attraction of stray male dogs.
10.24.020 Wild animals to be confined.
No person owning any wild animal or operating any wild animal establishment,
shall fail, refuse or neglect to keep all wild animals under proper confinement on the
premises, or cause, permit, suffer or allow any wild animal to be or run at large, nor
shall any such person maintain any wild or dangerous or vicious animal on or within
any premises in such a manner as to endanger the life or limb of any person lawfully
entering the premises. This section shall be read in connection with the provisions of
section 10.24.035 and section 10.24.050.
10.24.030 Kennels subject to zoning and health regulations.
Any person maintaining any kennel or pet shop shall conform to the zoning
regulations of the city which are applicable thereto, as well as any applicable health
regulations, and shall allow the Animal Control Department to make an inspection of
the premises at any reasonable hour.
10.24.035 Standard of care.
Every person within the city who owns any animal or who owns, conducts,
manages or operates any animal establishment for which a license or 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
restrict the entrance of other animals.
B. All animals shall be supplied with sufficiently 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 as per section 10.24.070.
D. All animals shall be so maintained as to eliminate excessive noise as per
section 10.28.020.
E. Every reasonable precaution shall be used to ensure that animals are not
teased, abused, mistreated, annoyed, tormented or in any manner made to suffer by
any person or other mean.
F. No condition shall be maintained or permitted that is or coutd be injurious
to an animal.
Ordinance No. 415
La Quinta Charter & Municipal Code
Amending Title 10 / Animals
Adopted: March 3, 2005
Page 20
G. Animal buildings and enclosures shall be so constructed and maintained
as to prevent the escape of animals. All reasonable precautions shall be taken to
protect the public from animals and animals from the public.
H. Every precaution shall be made to isolate sick animals sufficiently so as
not to endanger the health of other animals or persons.
I. 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.
J. All animal rooms, cages, kennels and runs shall be of sufficient size to
provide adequate and proper accommodations for the animals kept therein.
K. Every animal owner shall provide their animals proper shelter and
protection from the weather at all times.
L. No person shall give an animal any alcoholic beverage or unlawful drug
unless prescribed by a veterinarian.
M. No person shall allow animals which are natural enemies, temperamentally
unsuited, or otherwise incompatible, to be quartered together or so near each other as
to cause injury, fear or torment for the animal. If two or more animals are trained to
be placed together and do not attack each other or perform or attempt to perform any
hostile act to the others, such animals shall be deemed not to be natural enemies.
N. No person shall allow the use of any tack, equipment, device, substance
or material that is, or could be, injurious or cause unnecessary cruelty to any animal.
O. No person shall fail to give working animals proper rest periods. Confined
or restrained animals shall be given exercise proper for the individual animal under the
particular conditions.
P. No person shall work, use or rent any animal which is overheated,
weakened, exhausted, sick, injured, diseased, lame or otherwise unfit.
Q. No person shall allow any animal which an Animal Control Officer has
suspended from use to be worked or used.
R. No person shall display for profit or otherwise any -animals bearing
evidence of malnutrition, ill health, unhealed injury or having been kept in an unsanitary
condition.
S. No person shall allow any animal to constitute or cause a hazard, or be a
menace to the health, peace or safety of the community.
10.24.040 Maximum number of dogs.
Except for licensed pet shops and kennels, no person shall own, keep or harbor,
nor shall the owner or occupant of any premises keep or permit on or in such premises
more than four dogs of four months of age or older.
Ordinance No. 415
La Quinta Charter & Municipal Code
Amending Title 10 / Animals
Adopted: March 3, 2005
Page 21
10.24.045 Catteries. '
It shall be unlawful to maintain catteries in the City of La Quinta.
10.24.050 Keeping wild, exotic and dangerous animals and reptiles.
A. No person shall own, keep, harbor or maintain on or in any premises
within the city any wild, exotic, or dangerous animal or reptile without written consent
of the Animal Control Department or absent the proper applicable city, county, state
and/or federal permits. Denial of consent to keep a wild animal by the Animal Control
Department may be appealed within ten days of that denial. The request must be
made in writing and delivered to the Director of Building and Safety within ten calendar
days of receipt of the Animal Control Officer's decision, which decision shall include
notification regarding the right and procedures for appeal of the decision. The Director
of Building and Safety shall appoint a person or contract an agency to provide a person
who shall preside at a hearing and hear all facts and testimony presented and deemed
appropriate. After a request for hearing is received, the date of the hearing will be
scheduled not less than five days, but not more than thirty days, from the date of
receipt of request for hearing. The hearings shall be held consistent with the
procedural provisions set forth in section 10.20.090(F) of this. Chapter.
B. Subject to the city's zoning ordinances, only those wild animals, poultry,
reptiles and exotic animals which are permitted by the laws of the State of California
to be possessed, and for which a permit has been obtained from the Department of
Fish and Game, which permit is current, shall be allowed within the city.
C. All animals shall be registered with the Animal Control Department. As a
condition to registration, an owner of an animal must present a valid state permit to
the animal control agency. Application and animal registration shall include, but not
necessarily limited to, the following:
1. The applicant's name, address, telephone number and, if different,
the address and telephone number of the proposed location where the animal is to be
maintained and the purpose for the keeping of such animals.
2. A complete description and any identifying tattoos, microchips,
brands, or similar marking of the animal, including its species, name, sex, date of birth
and/or age.
3. Recent color photograph(s) of the animal.
4. A complete description of and plot plan showing the location and
the facilities to be used to insure the keeping of the animal in a safe, secure, and
humane manner.
5. Any information known by the applicant concerning vicious or
dangerous propensities of such animal.
Ordinance No. 415
La Quinta Charter & Municipal Code
Amending Title 10 / Animals
Adopted: March 3, 2005
Page 22
6. Prior history of incidents affecting the public health or safety
involving said animal.
7. Noises and/or odors anticipated in keeping such animal.
8. Written assurance and any supporting instruments that the
applicant is in compliance with all applicable local, state, and federal laws and
regulations regarding such animal.
9. Any additional information required by the Animal Control
Department at the time of filing such application or thereafter.
D. No permit will be granted under this section to a person who has been
found guilty of cruelty to animals.
E. An Animal Control Officer may issue a city permit for a wild, exotic, and
dangerous animal or reptile if each of the following conditions is met by the applicant
to the Animal Control Officer's satisfaction: (1) the requirements of the city zoning
ordinance are met; (2) the applicant has obtained any other city, county, state and/or
federal permits required under the law; (3) the applicant has otherwise complied with
city, county, state and/or federal having to do with the subject animal; (4) the
applicant has made the necessary showing that adequate safeguards have been
established and will be maintained in order to effectively control the dangerous or
vicious propensities of such animal or reptile; (5) the applicant shows that any danger
to individuals or property has been eliminated, that the keeping or maintaining of such
animal or reptile will in no way constitute a nuisance to the occupants of any
surrounding property, and that the proposed site is adequate in size and shape to
accommodate the number and type of animals for which the permit is requested and
will not result in harm to the animals or reptiles or material detriment to the use,
enjoyment or valuation of the property of other persons located in the vicinity of the
site; and (6) upon the applicant's payment of a fee in the amount set from time to time
by resolution of the city council or in the absence of any such established amount, the
licensing authority may collect and deposit in the appropriate accounts provided for
such purpose a fee in the same amount as is applicable for similar dog licensing in
unincorporated areas of the county. Such permit shall be valid only so long as the
owner possesses all_ other required governmental permits and does not violate this
Title.
F. The initial fee for the issuance of each permit shall be valid for one year.
The fee for renewal of an unexpired permit shall be the same as for an original permit,
unless modified by a resolution of the city council. Each succeeding year, a renewal
permit shall be obtained by the holder of said permit. In the event such animal is
relocated within the city, a renewal permit shall be obtained for that location at no cost
to the owner. The fee for the issuance of a renewal permit shall be established by city
council resolution or in the absence of any such established amount, the city may
collect and deposit a fee in the same amount as is applicable for similar dog licensing
Ordinance No. 415
La Quinta Charter & Municipal Code
Amending Title 10 / Animals
Adopted: March 3, 2005
Page 23
in unincorporated areas of the county. The fee shall be due and payable each year on
the anniversary of the date of issuance of the initial permit. If during the preceding
year or years, more than one initial permit has been issued to an applicant, the former
permits may be consolidated so that only one renewal permit exists; provided,
however, that the renewal date for the consolidated permit shall be the expiration date
of the earliest initial permit.
G. The premises on which said animal is maintained shall be open at any
reasonable hour for inspection by the Animal Control Department. Permits issued
pursuant to this section shall be surrendered for inspection by the permittee upon
request of an Animal Control Officer or law enforcement officer.
H. The Animal Control Department may revoke any permit issued pursuant to
this section whenever an Animal Control Officer determines from an inspection, or an
inspection and report by the California Department of Fish and Game, or an
investigation of a cruelty complaint, that any permittee fails to comply with all of the
conditions of this Title, or is found to be in violation of any city, county, state or
federal law. A notice of revocation shall be provided to the permit holder. The notice
shall state that it will not be effective for a period of ten calendar days, during which
the permit holder may appeal the determination. The procedures for appeal shall be
those set forth in paragraph A of this section. Nothing in this section shall be
construed to prevent the Animal Control Department from taking any and all actions
permitted by law to prevent cruelty to animals.
I. If, after having his or her permit revoked, the permittee proves to the
satisfaction of the Animal Control Department that each of the conditions and
requirements set forth in this section and any other applicable section have been met,
the Animal Control Department will provide permittee a written notice indicating such
compliance and, upon receipt of such written notice, the permit shall be deemed in full
force and effect. Nothing in this section shall be construed to prevent the Animal
Control Department from refusing to reinstate such permit if it is believed to be in the
best interest of the public or the health or safety of the animal involved.
J. Notwithstanding any of the foregoing, the ownership of venomous
reptiles shall be prohibited in the city. No person shall own, keep, harbor .or maintain
on or in any premises within the city any venomous reptile. Nothing in this section, or
in this Title, or in the City of La Quinta Municipal Code shall be construed as to allow
the possession of such animals within the city limits with or without applicable
permits.
Ordinance No. 415
La Quinta Charter & Municipal Code
Amending Title 10 / Animals
Adopted: March 3, 2005
Page 24
10.24.060 Animals near buildings.
It is a public nuisance and it is unlawful for any person to keep any animal,
poultry, or bird, wild or domestic, except customary household domestic pets, within
fifty feet of any building, school, church, hospital, or any residence or dwelling house
or other buildings used for the habitation of human beings.
10.24.070 Animals on unsanitary premises.
It is a public nuisance, and it is' unlawful, for any person to keep or permit to be
kept on any premises any wild or domestic animal, poultry, or bird, when the premises
or the animal, poultry or bird is offensive, obnoxious, filthy, or maintained in any
unsanitary condition.
10.24.080 Livestock prohibited in certain areas.
No livestock or hoofed animal, barn yard poultry, or rabbits may be kept on any
lot or combination of adjoined lots less than one acre in size as per this code. No
person may keep more than two horses per one acre parcel. For parcels in excess of
one acre, up to three horses per additional acre or portion thereof shall be allowed.
Foals under one year of age shall not be counted in calculating the maximum number
of horses under this section.
10.24.090 Disposal of carcasses.
Unless otherwise instructed by city, state or federal officials, it is a public
nuisance, and it is unlawful, for the owner, possessor, or the person responsible for
the death thereof, to fail to cause any dead animal or part thereof to be buried later
than six hours after the death of such animal. For purposes of this section, "buried"
means to be placed underground so that there is at least three feet of soil above the
carcass of the animal for animals weighing two hundred pounds or less and at least six
feet of soil above the carcass of an animal weighing more than two hundred pounds.
In the alternative, "buried" for purposes of this section also means to be disposed of in
some sanitary manner approved in writing by the city; provided, however, that this
section shall not apply to animals slaughtered for and fit for human food or animals
killed in violation of Chapter 10.16 of this Title.
10.24.100 Dangerous animals from outside city jurisdiction.
The owner of any animal introduced into the city which has been determined to
be dangerous, vicious, a nuisance, or a threat to the health and safety of humans or
animals by another jurisdiction, shall conform to the standards set forth in section
10.20.090 of this Title.
Ordinance No. 415
La Quinta Charter & Municipal Code
Amending Title 10 / Animals
Adopted: March 3, 2005
Page 25
10.24.1 10 Keeping of guard dogs.
It shall be unlawful to keep a guard dog on any premises, unless the guard dog
is fenced within the premises or confined within the building and kept in such a
manner that it cannot come into contact with persons or other animals that are
lawfully on said premises. Any premises containing a guard dog shall also be posted
at every fifty foot interval around the perimeter of the area guarded by the guard dog
and at all entrances and exits to the area. In locations where the minimum outside
dimensions are less than fifty feet, the signs shall be placed at the beginning and end
of that premises. The signs shall state: "WARNING -GUARD DOG ON DUTY." Such
signs shall also state the name, address, and telephone number of the guard dog
company furnishing the dog for hire, if any, and the telephone number of the owner or
caretaker of the premises. Each guard dog in use in the city shall be registered and
licensed in the city and have a tag affixed to its collar which must be worn at all times.
10.24.120 Permit required.
Any person or business desiring to transport into the city for any commercial or
business related purposes, including, but not limited to, advertisement, circus, rodeo,
petting zoo, or animal rental, any animals considered large or dangerous including, but
not limited to, exotic, circus or fair type animals, rodeo animals, petting zoo animals,
and large snakes, shall first obtain a permit from the Animal Control Department. If
requested, such person or agency will also make available to the Animal Control
Department the animal in question and veterinary records of the animal in question for
the purpose of inspecting its health and safety. Such person or business shall make
available to the Animal Control Department the name, address, and contact
information of the handlers/keepers of the animal for emergency purposes. Such
person or business shall also make available to the Animal Control Department the
person or business emergency capture procedures and capture equipment for
inspection purposes to insure the safety of the citizens of the city and the safety of the
animals in question. If, in the belief of the Animal Control Department, the entry of
such animals into or the continued presence of such animals in the city constitutes a
threat to the public health and safety, said permit application may be denied. The
permit, if issued, shall be subject to immediate revocation if the Animal Control
Department determines that the presence of such animals in the city constitutes a
threat to the public health and safety.
Ordinance No. 415
La Quinta Charter & Municipal Code
Amending Title 10 / Animals
Adopted: March 3, 2005
Page 26
Chapter 10.28
OFFENSES
Sections:
10.28.010
Dogs running at large.
10.28.015
Livestock/Poultry at large.
10.28.020
Noise disturbances by animals.
10.28.025
Animal defecation to be removed by owner.
10.28.030
Retention of animal by other than owner.
10.28.040
Unauthorized removal of animal from pound.
10.28.050
Dogs at public schools prohibited.
10.28.060
Interference with police dogs.
10.28.070
Public nuisance.
10.28.080
Confining animals in motor vehicles.
10.28.090
Causing another person's animal to be disposed of.
10.28.100
Feeding of wildlife prohibited.
10.28.1 10
Wildlife protected.
10.28.120
Importing or transporting diseased animals.
10.28.010 Dogs running at large.
A. No owner or keeper of a dog shall allow or permit the dog, whether
licensed or unlicensed, to be or run at large in or upon any public place or premises, or
in or upon any unenclosed private place or premises, or in or upon any enclosed private
place or premises other than those of the owner or keeper except with consent of the
person in charge of the private place or premises where the dog is found, unless the
dog is securely restrained by a substantial leash not exceeding twelve feet in length
and is in charge and control of a person competent to keep the dog under effective
control. No lead, leash, tether, or chain used to secure a dog on private property shall
extend into the right-of-way. Voice control, electronic control, eye control or signal
control shall not be considered adequate restraint.
B. Any animal found at large three times or more during any twenty four
month period shall be deemed a public nuisance. Such animal, upon impoundment,
will be held until the owner provides secure containment for the animal. * The owner
shall be responsible for any fees incurred in holding the animal. If the owner fails to
provide acceptable containment within thirty (30) days, the animal may be destroyed
by humane means. Only when acceptable containment has been provided, and
approved by the Animal Control Department, will the animal be released to the owner.
The determinations by the Animal Control Department shall be subject to appeal, and
any appeal to a decision under this section shall be handled consistent with the hearing
procedures as set forth in section 10.20.090.
Ordinance No. 415
La Quinta Charter & Municipal Code
Amending Title 10 / Animals
Adopted: March 3, 2005
Page 27
10.28.015 Livestock/Poultry at large.
No owner or keeper of livestock or poultry shall allow, permit or suffer the
animal or bird, whether licensed or unlicensed, to be or run at large in or upon any
public place or premises, in or upon any unenclosed private place or premises, or in or
upon any enclosed private place or premises other than those of the owner or keeper
except with consent of the person in charge of the private place or premises. No lead,
leash, tether, or chain used to secure any animal or poultry shall extend into the right-
of-way.
10.28.020 Noise disturbances by animals.
A. No person owning, keeping or having in his or her care or custody any
animal shall knowingly permit the animal, by any barking or other noise or sound, to
disturb any other person's peace and quiet. This section shall not be construed to
prohibit the keeping of any watchdog, provided the keeper thereof takes immediate
steps to quiet the dog whenever it barks, and provided the keeper never leaves the dog
unattended on the premises in a place where the dog is barking, if prolonged or if
-- repeated an undue number of times, disturbs any other person's peace and quiet.
B. No person, after being informed orally or in writing that his or her animal
has by noise or sound disturbed any other person's peace and quiet, shall fail, refuse
or neglect to take whatever steps or use whatever means is necessary to ensure that
the dog or animal does not again disturb the other person's peace and quiet.
10.28.025 Animal defecation to be removed by the owner.
A. Any person owning, keeping or having in his or her care or custody any
animal shall not fail, refuse or neglect to clean up any feces of the animal immediately
and dispose of it in a sanitary manner wherever the animal has defecated upon public
or private property without the consent of the public or private owner or person in
lawful possession or charge of the property.
B. The provisions of subsection A of this section shall not apply to a blind
person being accompanied by a guide dog, nor shall they be construed to allow any act
of trespass upon private property. Whenever the feces to be cleaned up cannot be
reached without significant trespass upon the private property on which the feces is
located, the person having the duty pursuant to subsection A of this section to take
action shall first obtain consent to do so from the owner or person having lawful
possession or charge of the property.
Ordinance No. 415
La Quinta Charter & Municipal Code
Amending Title 10 / Animals
Adopted: March 3, 2005
Page 28
10.28.030 Retention of animal by one other than owner.
No person shall, without the knowledge or consent of the owner, hold or retain
possession of any dog or other animal of which he or she is not the owner for more
than twenty-four hours without first reporting the possession of which to the Animal
Control Officer, giving his or her name and address and the true description of the dog
or other animal, and then causing the dog or other animal to be impounded at the city
shelter for return to the owner. Any person so holding an animal shall surrender such
animal upon demand of the Animal Control Officer. At the discretion of the Animal
Control Officer, any such finder of a dog or other animal may be allowed to retain
possession of the dog or other animal in lieu of impoundment. In such a case, the
Animal Control Officer shall make all normal and regular efforts to ascertain the true
owner of the dog or other animal and advise him or her of the whereabouts of the dog
or other animal.
10.28.040 Unauthorized removal of animal from shelter.
No person shall remove any impounded animal from the city shelter without the
consent of the Animal Control Officer. No person shall remove any animal from the
custody of the Animal Control Officer, including any Animal Control Department
vehicle or any vehicle in use by the Animal Control Department or from any humane
live trap in use by the Animal Control Department or its authorized agents.
10.28.050 Dogs at public schools prohibited.
No person shall bring any dog, except a Seeing Eye dog for the blind, a signal
dog for the deaf, or a service dog for the handicapped, onto any public school property
while school is in session. This section shall not, however, be deemed to prohibit the
use of dogs on school property for teaching or other school uses when approved by
the proper school authorities.
10.28.060 Interference with police dogs.
No person shall willfully or maliciously torture, torment, beat, kick, strike,
mutilate, injure, disable or kill any dog being used by any law enforcement officer in
the performance of his or her duties, or interfere with or meddle with any such dog
while being used by such officer in the performance of any of his or her functions or
duties.
Ordinance No. 415
La Quinta Charter & Municipal Code
Amending Title 10 / Animals
Adopted: March 3, 2005
Page 29
10.28.070 Public nuisance.
A. The introduction, ownership, possession or maintenance of any animal, or
the allowing of any animal to be in contravention to this Title is, in addition to being a
violation of the applicable section, declared to be a public nuisance. The City Manager
or his or her designee, the Animal Control Officer, the County Health Officer, and
peace officers are authorized, directed and empowered to summarily abate any such
public nuisance independently of any criminal prosecution or the results thereof by any
means reasonably necessary including, but not limited to, the destruction of the animal
or animals involved when appropriate or by the imposition of specific reasonable
conditions and restrictions for the maintenance of the animal.
B. Any person who fails to comply with any conditions and restrictions
imposed pursuant to this section shall be guilty of a misdemeanor. The owner shall
reimburse the city for all costs incurred in verifying compliance and enforcing the
provisions of this section. The city may also commence proceeding in accordance
with the provisions of Chapter 11.72 of this code relative to abatement procedures for
public nuisances.
C. Any person violating the provisions of this Chapter shall reimburse the
city for any and all costs incurred by the city in responding to, investigating, assessing,
monitoring, treating, cleaning, removing, or remediating any action taken or condition
caused in violation of this Chapter. Such costs to be paid to the city shall include all
administrative expenses and all legal expenses, including costs and attorney's fees in
obtaining compliance and in litigation, including all costs and attorney's fees on any
appeal. The costs to be recovered pursuant this section shall be recoverable from any
and all persons violating this chapter.
10.28.080 Confining animals in motor vehicles.
A. No person having ownership, charge, or custody of an animal, as owner
or otherwise, shall place or confine an animal or allow such animal to be placed or
confined or to remain in an enclosed vehicle or for such period of time as may
endanger the health or well-being of such animal due to heat, cold, lack of food or
such other circumstances as may reasonably be expected to cause suffering, disability
or death. In such circumstances, an Animal Control Officer may act in the best
interest of the animal, including taking action to remove the animal in cases of
immediate threat. This section shall not be applicable to animals which are in an
Animal Control Officer's or a peace officer's vehicles while such Animal Control Officer
or peace officer is engaged in their duties.
B. When an animal has been removed from a vehicle pursuant to this
section, the Animal Control Officer shall cause to be posted in a conspicuous place on
said vehicle a notice which shall state that the animal has been removed from the
vehicle pursuant to La Quinta Municipal Code section 10.28.080, where the animal
Ordinance No. 415
La Quinta Charter & Municipal Code
Amending Title 10 / Animals
Adopted: March 3, 2005
Page 30
has been impounded, the procedure whereby the owner of said animal may regain
custody of the animal, and notice that the owner may be liable for impound fees and
costs.
10.28.090 Causing another person's animal to be disposed of.
A. Every person contacting the city's Animal Control Department or taking
an animal to the Animal Control Department for impoundment or disposal shall, if the
animal is not owned by him or her, inform the Animal Control Department who the
lawful owner is, if known, and where and when the animal was found. If the lawful
owner cannot be determined, the Animal Control Officer shall keep the animal as
prescribed in section 10.20.030.
B. It shall be unlawful for any person to take, deliver, or have delivered an
animal to the Animal Control Officer or the city shelter for impoundment or disposal
without disclosing to the Animal Control Officer or the city shelter the name of the
lawful owner of such animal, if known.
C. It shall be unlawful for any property owner, or responsible person(s),
including any natural person, the parent or the legal guardian of any natural person
under the age of eighteen years, any corporation, association, organization, estate,
group, combination acting as a group, or any officer, agent, employee, or servant of
any of the foregoing, to fail to board -any animal left behind by a tenant. Any property
owner or responsible person that fails to make arrangements for the humane sheltering
and care of said animal for the length of time required by law and/or fails to make
arrangements with the sheltering agency is in violation of this section.
D. Enforcement of this section shall be performed by citation. Each day such
violation is committed or permitted to continue shall constitute a separate offense.
When an animal is found at large and is known to be from a vacant property, it shall be
deemed in violation of this section if the property owner or responsible person fails to
take control of the animal immediately. Not withstanding any other provisions of this
code, the fine for violation of this section after receiving a warning from the Animal
Control Officer shall be $100.00 for a first offense, $200.00 for a second offense, and
$400.00 for third and all subsequent offenses. In order for the fines to escalate for
multiple offenses as described herein, the offenses must occur within a twelve (12)
month period.
10.28.100 Feeding of wild animal prohibited.
No person shall feed or in any manner intentionally provide food as sustenance
or to encourage domesticity in a non -domesticated or wild animal with the exception
of a bird feeder in the yard. A person may feed or provide food to a wild animal under
the following circumstances:
Ordinance No. 415
La Quinta Charter & Municipal Code
Amending Title 10 / Animals
Adopted: March 3, 2005
Page 31
A. When the wild animal is maintained, treated or fed pursuant to a valid
certificate or permit issued by the State of California or an agency of the United States
Government.
B. When the wild animal is maintained, treated or fed between the time the
Animal Control Officer or Humane Society is notified and the wildlife is picked up by an
appropriate agency.
10.28.1 10 Wildlife protected.
Other than in self-defense, no person shall kill, capture or molest any species of
wild animal or damage the nest or eggs of any wild animal within the city, except any
poisonous reptile or insect; provided, however, that if it is determined by the City
Manager, or his or her authorized representative, that wild animal has become a
menace to any person's health, safety or property, the City Manager shall issue a
permit authorizing any person to kill or capture the wild animal. In no event shall any
person use or employ poison or diseased material to kill or capture wild animal. This
section shall not pertain to rats and vermin animals unless such animals are otherwise
protected under the law.
10.28.120 Importing or transporting diseased animals.
A. It is unlawful for any person to bring or receive in, or to transport from
place to place within the city any animals affected with any contagious, infectious, or
communicable disease without written permission from the Animal Control
Department, except such diseased animals as are specifically permitted to enter the
State of California and the County of Riverside under federal or California state
regulations, and only under the conditions and for the purpose prescribed in the federal
and state regulations governing the movement of such animals. This section shall not
apply to actions taken except for the purpose of immediate destruction by humane
means, or for immediate medical treatment. All animals brought into the city in
violation of this section shall. be subject to possible quarantine, examination and test,
all at the expense of the owner, by the Animal Control Officer or his or her appointed
agents, who may dispose of such animals consistent with the provisions of this Title
to safeguard the health, safety, and welfare of the residents of the city and the
protection of the health of the animals therein.
B. It is unlawful for any person to bring into or receive in, or to transport from
place to place within, the city, any animal of a species known to be capable of carrying
the rabies virus from any other jurisdiction, city, county, state or country in which a
reported case of rabies exists or has existed within the preceding six months.
Ordinance No. 415
La Quints Charter & Municipal Code
Amending Title 10 / Animals
Adopted: March 3, 2005
Page 32
SECTION 2. The City Clerk shall certify to the passage of this Ordinance and shall
cause the same to be posted in three places within the City of La Quinta as specified
in City Council Resolution 98-109.
PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City
Council held on this 3rd day of March, 2005, by the following vote:
AYES: Council Members Henderson, Osborne, Perkins, Sniff, Mayor Adolph
NOES: None
ABSENT: None
ABSTAIN: None (0'0 7omr, v U -
DON ADO PH, Ayor
City of La Quinta, California
ATTEST:
=9��rc _Ar__ 9-)
J REEK, CMC, Jerk
City of La Quinta, California
(CITY SEAL)
APPROVED AS TO FORM:
M. KATHEAINE JENS , City Attorney
City of La Quinta, California
Ordinance No. 415
La Quinta Charter & Municipal Code
Amending Title 10 / Animals
Adopted: March 3, 2005
Page 33
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) ss.
CITY OF LA QUINTA )
I, JUNE S. GREEK, City Clerk of the City of La Quinta, California, do hereby certify the
foregoing to be a full, true, and correct copy of Ordinance No. 415 which was
introduced at a regular meeting on the 151h day of February, 2005, and was adopted at
a scheduled meeting held on the 3" day of March, 2005, not being less than 5 days
after the date of introduction thereof.
I further certify that the foregoing Ordinance was posted in three places within the City
of La Quinta as specified in a Resolution of the City Council.
JUNE S. GREEK, CMC, City Clerk
City of La Quinta, California
DECLARATION OF POSTING
I, JUNE S. GREEK, City Clerk of the City of La Quinta, California, do hereby certify
that the foregoing ordinance was posted on I I Z SOS , pursuant to Council
Resolution.
JUNE S. GREEK, CMC, City Clerk
City of La Quinta, California