ORD 530ORDINANCE NO.530
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA
QUINTA, CALIFORNIA, AMENDING SEVERAL CHAPTERS OF
TITLE 10 OF THE LA QUINTA MUNICIPAL CODE
WHEREAS, Title 10 of the Municipal Code contains the chapters that address
animals;
WHEREAS, a comprehensive review of Title 10 was undertaken to examine
each chapter for accuracy, relevance, streamlining, and language.
WHEREAS, amendments to several chapters of Title 10 are needed as a result
of the comprehensive review to update the Municipal Code,
NOW, THEREFORE, the City Council of the City of La Quinta does ordain as
follows:
SECTION 1. CHAPTER 10.04 DEFINITIONS shall be amended as written in Exhibit A
attached hereto.
SECTION 2. CHAPTER 10.08 DOG LICENSES shall be amended as written in Exhibit A
attached hereto.
SECTION 3. CHAPTER 10.16 BITING shall be amended as written in Exhibit A
attached hereto.
SECTION 4. CHAPTER 10.20 IMPOUNDMENT shall be amended as written in Exhibit A
attached hereto.
SECTION 5. CHAPTER 10.24 ANIMAL KEEPING shall be amended as written in Exhibit
A attached hereto.
SECTION 6. CHAPTER 10.28 OFFENSES shall be amended as written in Exhibit A
attached hereto.
SECTION 7. SEVERABILITY. The City Council declares that, should any provision,
section, paragraph, sentence or word of this ordinance be rendered or declared invalid
by any final court action in a court of competent jurisdiction or by reason of any
preemptive legislation, the remaining provisions, sections, paragraphs, sentences or
words of this ordinance as hereby adopted shall remain in full force and effect.
SECTION 8. EFFECTIVE DATE: This Ordinance shall be in full force and effect thirty
days after its adoption.
Ordinance No. 530
Amendment to Title 10 Animals
Adopted: November 17, 2015
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SECTION 9. POSTING: The City Clerk shall, within 15 days after passage of this
Ordinance, cause it to be posted in at least three public places designated by
resolution of the City Council, shall certify to the adoption and posting of this
Ordinance, and shall cause this Ordinance and its certification, together with proof of
posting to be entered into the Book of Ordinances of the City of La Quinta.
PASSED, APPROVED and ADOPTED, at a regular meeting of the La Quinta City
Council held this 17th day of November 2015 by the following vote:
AYES: Council Members Osborne, Pena, Radi, Mayor Evans
NOES: None
ABSENT: Council Member Franklin
ABSTAIN: None
INDA EVANS, Mayor
City of La Quinta, California
ATTEST:
SUSAN MAYSELS, City Cle
City of La Quinta, California
(CITY SEAL)
APPROVED AS TO FORM:
ZC-'R--
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
Ordinance No. 530
Amendment to Title 10 Animals
Adopted: November 17, 2015
Page 3 of 30
CHAPTER 10.04 DEFINITIONS
EXHIBIT A
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 an animal
control officer or such other person(s) designated by the city as deputies or 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.
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, (b) 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 title 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.
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Amendment to Title 10 Animals
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10.04.065 Attack.
"Attack" by an animal means an animal that charges or pursues a person or other
animal and causes injury due to a bite, fall, strain or other documented injury.
10.04.066 Biting animal and bite levels defined.
For purposes of this title, an animal bite shall be considered to have occurred when
any animal's mouth makes teeth contact on a victim and punctures the skin.
Level 1 Bite: one to four punctures from a single bite, and may also have lacerations
and bruising around the wound.
Level 2 Bite: multiple -bite or multiple -attack incident or an attack resulting in the
death of the victim.
10.04.070 Vicious and/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 another animal without provocation; 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 or another animal, 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 confined to an
enclosed area or muzzled; or
5. Has been trained for fighting or as an attack animal, except such animals which
are employed by a government agency as provided in section 10.04.070 (B) below.
6. Has been classified as dangerous, potentially dangerous or vicious by any other
local, county, or state agency; or
7. 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/herself, another person or animal; or
8. 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
9.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 substantial
injury to a human being or domestic pet or which would cause serious fear or alarm to
the average person if seen wandering at large in an inhabited community; or
10. That meets the definition of "vicious animal" or "dangerous animal" contained in
California Food and Agriculture Code sections 31603 and 31604.
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Amendment to Title 10 Animals
Adopted: November 17, 2015
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B. The terms "vicious animal' and/or "dangerous animal" 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.
10.04.075 Confinement of dangerous and/or vicious animals.
"Confinement" of a dangerous and/or vicious animal means the animal is securely
confined indoors or confined in a securely enclosed and locked pen or a run area upon
the owner's premises. 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. The pen or run area shall
be of adequate floor size as to allow the animal to be able to move around and obtain
adequate exercise. All gates and door openings of such enclosures shall be equipped
with a self -closing and self -latching device designed to keep, and capable of keeping,
the 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.
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.
10.04.110 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 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.
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Amendment to Title 10 Animals
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10.04.130 Service Animal.
A "service animal" means any animal that is individually trained to do work or perform
tasks for the benefit of an individual with a disability, including a physical, sensory,
psychiatric, intellectual, or other mental disability.
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.
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 trained to resist leaving the protected premises without the presence
of its handler or owner. For the purposes of the ordinance codified in this title, a
"guard dog" shall be considered a dangerous animal. "Guard dog" shall also mean
"sentry dog."
10.04.160 Backyard breeding.
"Backyard breeding" is the selling, transferring or giving away of all or part of 2 or
more litters, or 8 or more dogs during the preceding 12 months that were bred and
reared on a residentially zoned property.
CHAPTER 10.08 DOG LICENSES
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/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.
10.08.020 Exemptions.
A dog license tag is not required for any dog found within the city under any of the
following conditions:
A. 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
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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
B. 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 one month for any given dog.
C. When a service animal, is owned by, or in care of, any individual with a disability,
including a physical, sensory, psychiatric, intellectual, or other mental disability. A
certification that the dog serves as an official service animal must be provided.
D. When an animal is in training by a certified service animal trainer to become a
service animal for the purposes of assisting any individual with a disability, including a
physical, sensory, psychiatric, intellectual, or other mental disability.
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 some amount as is applicable for similar dog
licensing in unincorporated areas of the county.
B. No fee shall be required for a license for a service animal if such animal is in the
possession and under the control of individual with a disability, including a physical,
sensory, psychiatric, intellectual, or other mental disability. A certification that the
dog serves as an official service animal must be provided.
10.08.050 Application.
The owner shall state at the time application for licensing is made, and upon standard
printed forms of applications provided for such purpose, the following information and
documentation for each dog:
A. Name, address, telephone number, and email address of owner;
B. Address where dog is kept;
C. Name, breed, age, sex, whether dog is spayed or neutered, and the color of
the dog;
D. Proof of Microchip by written statement of a California Licensed Veterinarian
and microchip number.
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Amendment to Title 10 Animals
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10.08.060 Anti -rabies vaccination required with application.
As a condition for the issuance of a license 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.
10.08.070 Issuance of tags and certificates.
A metallic tag and license certificate with corresponding number 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 —to be worn at all times.
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 and certificate —show upon demand.
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, counterfeiting or switching.
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.
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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 10.16 BITING
10.16.010 Biting animals and rabid 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 restrained 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 that has died 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 or animal, 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 or animal 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.
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Amendment to Title 10 Animals
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B. If the animal control officer determines that exigent circumstances exist that
require swift action to save life, property or evidence of unlawful action, the animal
control 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 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, s/he may after providing notice to the owner, if known,
humanely euthanize the animal forthwith, or hold the animal for further examination
for such time as s/he 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 any
person or another animal, 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/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/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, s/he 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 (120) days against any
or all animals in any area of the city as s/he 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
provisions of this section shall be upon conditions that the health officer determines
and declares to be appropriate, consistent with state and federal law.
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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 or another animal 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 Dangerous and/or vicious animals unlawful.
A. A bite will not be subject to this section if. (1) the person bitten was provoking the
animal at the time of the bite; (2) the person bitten was engaged in an unlawful
activity at the time of the bite; or (3) the person bitten is performing services at a
veterinary facility at the time of the bite For the purposes of this section, the records of
animal bites kept by the city shall be deemed official records and shall establish a
rebuttal presumption of the number of bites recorded against a particular animal.
B. Attack or Level 1 Bite. If an animal is believed to be dangerous and/or vicious as a
result of an attack or Level 1 bite, as defined by this Code, then in addition to any
requirement imposed following a hearing pursuant to Chapter 10.20 of this Code, the
owner of said animal (1) shall be issued a citation for an infraction; (2) shall
quarantine the animal in accordance with section 10.16.010 of this code; (3) shall
have the animal be subject to control and impoundment pursuant to section
10.20.090 of this code.
C. Level 2 Bite. If an animal is believed to be dangerous and/or vicious as a result of a
Level 2 bite, the animal shall be impounded and confined in a shelter at the owner's
expense until the latter of (a) issuance of an administrative order following a hearing
held pursuant to Section 10.20.090, or (b) conclusion of judicial review by the Superior
Courts of California, County of Riverside, if any. At the administrative hearing held
pursuant to Section 10.20.090, the animal control department shall recommend to
the hearing officer that the animal be humanely euthanized in the interest of public
safety.
D. Dangerous and/or vicious animals at large. 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 or another animal
engaged in lawful activity who causes or allows such animal to be at large shall be
guilty of a misdemeanor.
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CHAPTER 10.20 IMPOUNDMENT
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, restrained , 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 animals make
reasonable effort to notify the owners of the 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 pursuant to Section
1.01.300 of this code.
10.20.030 Disposition of unclaimed animals.
A. All animals impounded at the city shelter or city -contracted 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 or shelter operator to a person offering to pay a cash amount set by the
animal control officer or shelter operator; provided, that the purchaser shall not be
given possession of any dog until s/he has microchipped, vaccinated, and paid to the
animal control officer or shelter operator the license fee for the dog. .
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 humanely euthanized by the shelter operator or animal control
officer. In lieu of euthanization, 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 or city -contracted 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.
10.20.040 Humane euthanization of animals dangerous to impound.
After providing notice to the owner, if known, a shelter operator is authorized to
humanely euthanize any animal lawfully impounded which the shelter operator
determines due to disease or other cause poses an imminent danger to persons or
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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 or shelter operator from taking whatever action is
reasonably necessary to protect his/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 the shelter operator or
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 shelter operator or animal control
officer, and thereafter the animal may be released to the claimant upon his/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/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
a shelter operator or an animal control officer, redeem the animal from the purchaser
by paying him/her an amount of money equaling each of the following, in the
aggregate: the purchase price paid to the shelter operator or 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 the shelter operator or 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 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.
10.20.080 Impoundment fees.
Except in cases when disposition of an animal is made pursuant to Section 10.20.030
(Disposition of unclaimed animals), a shelter operator or an animal control officer
shall receive and collect fees for impoundment, care, and feeding of impounded
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Amendment to Title 10 Animals
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Page 14 of 30
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, a shelter operator or 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 and/or vicious animals.
A. No person owning or having the care or custody of a dangerous and/or vicious
animal shall permit such animal to go unconfined on the premises of such person.
The owner or custodian of an animal declared dangerous and/or vicious shall allow an
animal control officer or his/her deputies to inspect the confinement arrangement and
apparatus such pen or enclosure, as defined in section 10.04.075 of this code 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
and/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.
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 and/or
vicious animal shall maintain a policy of insurance in an amount not less than three
hundred 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 an animal control officer.
F. Whenever an animal suspected of being dangerous and/or vicious is reported, an
animal control officer may investigate the circumstances, and if s/he finds that by
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reason of the animal's acts, propensities, or disposition, there is cause to believe it is a
dangerous and/or vicious animal, as defined in this title, s/he shall commence the
process of having the animal declared dangerous and/or vicious by providing written
notice, in accordance with Sections 1.01.300 and 1.09.110 of this code, to the owner
and the person and/or the owner of the animal that was attacked or bitten by the
dangerous and/or vicious animal.
The notice shall (1) inform the owner and the person and/or the owner of the animal
that was attacked or bitten by the dangerous and/or vicious animal of the general
facts and circumstances of the incident(s) that provide a basis for the city's action, (2)
shall state that a mandatory administrative hearing will be held , and (3) shall
indicate that at the hearing, if the animal is declared dangerous and vicious, it would
result in the animal (a) being humanely euthanized in the interest of public safety, (b)
being required to be maintained as set forth in this section, or (c) a determination
that the animal is not dangerous and/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 mandatory hearing may be set aside if both the owner of the dangerous and/or
vicious animal, and the person(s) attacked or bitten and/or the owner of the animal(s)
attacked or bitten all waive their rights to an administrative hearing and accept the
animal control officer's determination in writing and delivered such written
acceptance to the animal control department.
G. Ownership of an animal under investigation pursuant to this section shall not be
transferred to a new owner or caretaker during the process. Once an animal has been
found to be vicious and/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 humanely euthanized 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/or vicious animal must be
eighteen years old or older.
H. If, after the administrative hearing, it is determined that the animal is vicious
and/or dangerous, and the hearing officer determines that the animal does not need
to be humanely euthanized in the interest of public safety, the hearing officer shall
order the owner, and any person harboring or having care of the animal, to do all of
the following:
(1.)Keep the animal confined as provided in this section. If suitable restraints or
enclosures ordered by the hearing officer 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
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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 such
impoundment shall be deemed abandoned and unclaimed and shall be subject
to humane euthanization.
(2.)Have the animal microchipped and photographed for positive future
identification. The microchipping procedure shall be performed by a California
licensed veterinarian or authorized representative. 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.
(3.)Ensure the animal completes an obedience course at the owner's sole expense.
The course must be approved in advance by the city and written proof of
completion must be submitted to the city within sixty (60) days of the owner
being notified of the dangerous and/or vicious animal declaration, or within
sixty (60) days of the animal being released to its owner, whichever is later.
(4.)Obtain and maintain the insurance required by this section, and pay a
supplemental license fee in an amount established by resolution of the city
council for the increased costs to the city of maintaining the records of the
animal and performing inspections to ensure compliance with all requirements
imposed.
(5.)Comply with any additional orders that the hearing officer determines are
necessary to assure that the public health, safety and welfare are maintained.
I. In cases where the animal is not impounded, and written notification of the
dangerous and/or vicious animal declaration 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 (30) 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
impounded and subject to humane euthanization. No animal found to be dangerous
and/or vicious or a threat to the public health and/or safety shall be placed up for
adoption to the public.
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CHAPTER 10.24 ANIMAL KEEPING
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 or other
animal lawfully entering the premises. This section shall be read in connection with
the provisions of Sections 10.24.035 and 10.24.050 of this chapter.
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 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 means.
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F. No condition shall be maintained or permitted that is or could be injurious to an
animal.
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.
0. 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.
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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.
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 pursuant to chapter 2.08 of this code.
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 wild animals, poultry, reptiles and exotic 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 department. 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;
6. Prior history of incidents affecting the public health or safety involving said
animal;
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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, poultry 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 law 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
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 licensing 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
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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 animal control officers. Permits issued pursuant to this section
shall be surrendered for inspection by the permittee upon request of an animal control
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 chapter 2.08 of this code. 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 the 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.
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.
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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 citX,jurisdiction.
An animal that has been declared dangerous or vicious in any legal proceeding
outside the confines of the city of La Quinta, may not be relocated temporarily or
permanently within the city of La Quinta.
10.24.110 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
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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 by the animal control department, such person or agency
will also make available 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.
10.24.130 Mandatory microchipping of dogs.
A. All dogs over the age of four months must be implanted with an identifying
microchip by a California licensed veterinarian or authorized representative. The
owner or custodian is required to provide the microchip number to the city, and
shall notify the city of any change of ownership of the dog, change of address, or
telephone number. Nothing in this section supersedes, eliminates, or alters the
requirements of La Quinta Municipal Code 10.08.010, and any other licensing
requirements of this chapter.
B. Exemption. The mandatory microchipping requirements shall not apply to a dog
with a high likelihood of suffering serious bodily injury if implanted with the
microchip identification. The owner or custodian of the dog must provide written
confirmation of that fact from a California licensed veterinarian.
C. Transfer and or sale of dogs. An owner or custodian who offers any dog, at any
age for sale, trade, or adoption must provide the microchip identification number
and the valid dog license number with the offer of sale, trade or adoption. The
license and microchip number must appear on a document transferring the dog to
the new owner. Both the previous owner or custodian, and new owner, or
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custodian, are required to update the city with the name and address of the new
owner or custodian in accordance with subdivision (A) of this section. Any violation
of this chapter shall be issued an administrative citation and be subject to the
penalties and procedures provided in chapter 1.09 of this code.
D. When an impounded dog is without microchip identification, in addition to
satisfying applicable requirements for the release of the animal, including but not
limited to payment of impound fees, the owner or custodian shall have the dog
implanted with a microchip by a California licensed veterinarian, or authorized
representative entirely at the owner, or custodian's expense. A written statement
confirming that the microchip has been implanted, must be provided to the city
with the implanted microchip number. The dog in custody will be released to the
owner or custodian after the procedure has been completed along with all other
conditions precedent to release.
10.24.140 Backyard breeding prohibited.
No person(s), shall sell, transfer or give away all or part of 2 or more litters, or 8 or
more dogs that were bred and reared on a residentially zoned property during a
preceding 12 month period.
CHAPTER 10.28 OFFENSES
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. If any dog at large bites any person, the owner
or guardian of such dog shall be deemed guilty of an infraction or a misdemeanor as
provided in Section 10.16.090.
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 and satisfactory
proof of liability insurance. The owner shall be responsible for any fees incurred in
holding the animal. If the owner fails to provide acceptable containment within thirty
days, the animal may be humanely euthanized after following the normal procedures
for impounded animals. Only when acceptable containment has been provided, and
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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 of this title.
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/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's 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/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 service animal, 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.
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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 animal of which s/he is not the owner for more than twenty-four
hours without first reporting the possession of such animal to the animal control
officer, giving his/her name and address and the true description of the animal, and
then causing the animal to be impounded at the city shelter or city -contracted 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 an animal may be allowed to retain possession of the
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 animal and advise
him/her of the whereabouts of the animal.
10.28.040 Unauthorized removal of animal from shelter.
No person shall remove any impounded animal from the city shelter or city -
contracted 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 service animal 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/her duties, or interfere with or meddle with any such dog while
being used by such officer in the performance of any of his/her functions or duties.
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 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 humane euthanization of the
animal or animals involved when appropriate or by the imposition of specific
reasonable conditions and restrictions for the maintenance of the animal.
Ordinance No. 530
Amendment to Title 10 Animals
Adopted: November 17, 2015
Page 27 of 30
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 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/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 of this title.
Ordinance No. 530
Amendment to Title 10 Animals
Adopted: November 17, 2015
Page 28 of 30
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 or city -contracted shelter for
impoundment or disposal without disclosing to the animal control officer or the city
shelter or city -contracted 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 administrative 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. Notwithstanding any other
provisions of this code, the fine for violation of this section after receiving a warning
from the animal control officer shall be in accordance with chapter 1.09 of this code.
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:
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.
10.28.110 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 authorized representative, that a 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 any wild animal. This
Ordinance No. 530
Amendment to Title 10 Animals
Adopted: November 17, 2015
Page 29 of 30
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/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. 530
Amendment to Title 30 Animals
Adopted: November 17, 2015
Page 30 of 30
STATE OF CALIFORNIA j
COUNTY OF RIVERSIDE j ss.
CITY OF LA QUINTA }
I, SUSAN MAYSELS, 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. 530 which
was introduced at a regular meeting on the 3rd day of November 2015, and was
adopted at a regular meeting held on the 17th day of November 2015, 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 the Rules of Procedure adopted by City Council
Resolution No. 2015-023.
SUSAN MAYSELS, City Cl k
City of La Quinta, California
DECLARATION OF POSTING
I, SUSAN MAYSELS, City Clerk of the City of La Quinta, California, do hereby
certify that the foregoing ordinance was posted on I o I , pursuant to Council
Resolution.
SUSAN MAYSELS, City Cler
City of La Quinta, California