ORD 567ORDINANCE NO. 567
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 RELATED
TO ANIMALS
WHEREAS, Title 10 of the Municipal Code contains the chapters that address
animals; and
WHEREAS, a comprehensive review of Title 10 was undertaken at the
November 3, 2015 Council Meeting. Council reviewed and discussed proposed
updates to Title 10 and, following public comment, directed staff to consider
further revisions specific to dog bites and impoundment requirements. Council
also directed staff to prohibit backyard breeding; and
WHEREAS, revisions were incorporated, and adopted as Ordinance 530 by
Title and number, designed to strengthen public safety; and
WHEREAS, it was determined staff and residents would measure the
effectiveness of the code changes and may recommend some minor revisions in
the future as needed; and
WHEREAS, a thorough review of Title 10 was undertaken with participating
residents and these amendments were identified as eliminating a loophole for
enforcement, providing clarity, and meeting other legal requirements after
attorney review.
NOW, THEREFORE, the City Council of the City of La Quints 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 10.20 IMPOUNDMENT shall be amended ds written in
"Exhibit A" attached hereto.
SECTION 4. CHAPTER 10.24 ANIMAL KEEPING shall be amended' as written in
"Exhibit A" attached hereto.
SECTION 4.5 CHAPTERS 10.12, 10.16, and 10.28 shall be amended as written in
"Exhibit A" attached hereto.
Ordinance No. 567
Amendments to Chapter 10 Animals
Adopted: 2018.02.20
Page 2 of 4
SECTION 5. This Ordinance shall be in full force and effect in thirty days after its
adoption.
SECTION 6. Severability. If any section, subsection, subdivision, sentence, clause,
phrase, or portion of this Ordinance is, for any reason, held to be invalid or
unconstitutional by the decision of any court of competent jurisdiction, such decision
shall not affect the validity of the remaining portions of this Ordinance. The City
Council hereby declares that it would have adopted this Ordinance and each and
every section, subsection, subdivision, sentence, clause, phrase, or portion thereof,
irrespective of the fact that any one or more section, subsections, subdivisions,
sentences, clauses, phrases, or portions thereof be declared unconstitutional.
SECTION 7. 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 Quints
City Council held this 20th day of February 2018 by the following vote:
AYES: r Councilmembers Fitzpatrick, Pena, Radi, Sanchez, Mayor Evans
NOES: None
ABSENT: None
ABSTAIN: None
. S�� %- L5�-�
LINDA EVANS, Mayor
City of La Quinta, California
ATTEST:
SUSAN MAYSELS, City Cler
City of La Quinta, California
(CITY SEAL)
Ordinance No. 567
Amendments to Chapter 10 Animals
Adopted: 2018.02.20
Page 3 of 4
APPROVED AS TO FORM:
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
Ordinance No. 567
Amendments to Chapter 10 Animals
Adopted: 2018.02.20
Page 4 of 4
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) 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. 567 which was
introduced at a regular meeting on the 6th day of February, 2018 and was adopted at
a regular meeting held on the 20th day of February 2018, 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 Quints as specified in the Rules of Procedure adopted by City Council
Resolution No. 2015-023.
SUSAN MAYSELS, City Cl#
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 February 23, 2018 pursuant to Council
Resolution.
L4ttu-" M*W�4�
SUSAN MAYSELS, City Clk1k
City of La Quinta, California
EXHIBIT A to ORDINANCE 567
LQMC TITLE 10 — Chapter 10.04 DEFINITIONS
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
10.04.035 Cat.
"Cat" means a mammal of the species Felis Catus.
10.04.040 Dog.
"Dog" means any member of the canine family.
10.04.045 Eartipped Cat.
"Eartipped Cat" means a cat that has a portion of the tip of the left ear (typically) removed to indicate
they have been sterilized and vaccinated against rabies.
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: (1) person registering as the owner on a license or other
legal document; (2) person claiming ownership and taking possession of an animal; or (3) 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.
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.
EXHIBIT A to ORDINANCE 567
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 subsection B; or
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. Is 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. Meets the definition of "vicious animal" or "dangerous animal" contained in California Food and
Agriculture Code Sections 31603 and 31604.
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.
EXHIBIT A to ORDINANCE 567
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.
10.04.130 Service animal.
A "service animal" means any dog or miniature horse 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.
10.04.135 Emotional support animal or companion animal.
An "emotional support animal" or "companion animal" means any animal that provides emotional
support, comfort, or companionship to an individual with a psychiatric disability, but is not trained to
perform specific tasks to assist that individual.
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 breeding, selling, transferring or giving away of all or part of any litter of dogs
that were bred and reared on a residentially zoned property.
EXHIBIT A to ORDINANCE 567
LQMC TITLE 10 - Chapter 10.08 DOG LICENSES
10.08.010 License reauired.
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 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.
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 the care of any individual with a disability, including a
physical, sensory, psychiatric, intellectual, or other mental disability.
D. When an animal is in training 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.
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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 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.
EXHIBIT Ato ORDINANCE 567
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 Tae 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 therefrom.
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.
10.0.8.120_Tag-Altering,_ counterfeiting ar _switching.
A. It is 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 is 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.
EXHIBIT A to ORDINANCE 567
LQMC TITLE 10 - Chapter 10.12 ANIMAL CONTROL OFFICER
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.
10.12.040 Impoundment an 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.
EXHIBIT A to ORDINANCE 567
LQMC TITLE 10 — 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.
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, he or she 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 he or she may consider advisable.
EXHIBIT A to ORDINANCE 567
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 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 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
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 is 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. (Ord. 530 § 3, 2015; Ord. 415 § 1, 2005)
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 as defined in section 10.04.066. 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, as defined in section 10.04.066. 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: (1) issuance of an administrative order following a hearing held pursuant to
Section 10.20.090; or (2) 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.
EXHIBIT A to ORDINANCE 567
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.
EXHIBIT A to ORDINANCE 567
LQMC TITLE 10 - 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 he or she 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 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 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 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 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.
EXHIBIT A to ORDINANCE 567
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 or 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 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 or 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.
EXHIBIT A to ORDINANCE 567
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 he or she finds that by 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, he or she 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 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.
EXHIBIT A to ORDINANCE 567
3. Ensure the animal and its owner completes a behavior modification and rehabilitation course for
the animal 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 ninety (90) days of the owner
being notified of the dangerous and/or vicious animal declaration, or within ninety (90) 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 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.
EXHIBIT A to ORDINANCE 567
LQMC TITLE 10 - Chapter 10.24 ANIMAL KEEPING
10.24.010 Female dojzs 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.
F. No condition shall be maintained or permitted that is or could be injurious to an animal, including
tethering. No person shall tether or restrain an animal to a stationary object in excess of three (3) hours
per California Health and Safety Code Section 122335.
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.
EXHIBIT A to ORDINANCE 567
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.
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 is 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 1.09 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.
EXHIBIT A to ORDINANCE 567
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;
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
EXHIBIT A to ORDINANCE 567
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 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.
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
EXHIBIT A to ORDINANCE 567
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.
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 is 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 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 Section 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
EXHIBIT A to ORDINANCE 567
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
custodian, are required to update the city with the name and address of the new owner or custodian in
accordance with subsection 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 breed, sell, transfer or give away all or part of any litter, of dogs that were bred and
reared on a residentially zoned property.
EXHIBIT A to ORDINANCE 567
LQMC TITLE 10 - 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
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 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'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 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.
EXHIBIT A to ORDINANCE 567
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.
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 he or she 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 or 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 or 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 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.
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.
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.
EXHIBIT A to ORDINANCE 567
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 animal control officers' or peace officers' 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 t❑ 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 of this title.
B. It is 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 is 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 a 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.
EXHIBIT A to ORDINANCE 567
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, or authorized
representative, 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
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.