CHAPTER 4
ANIMAL CONTROL
ANIMAL CONTROL
ARTICLE A. DOGS AND OTHER PET ANIMALS
SECTION:
6-4A-1: Definitions
6-4A-2: Prohibited Activities
6-4A-3: Dogs On Public Grounds
6-4A-4: Reserved
6-4A-5: Animal Waste
6-4A-6: Impoundment And Redemption
6-4A-7: Animal Care
6-4A-8: Allowing Vicious Animal At Large
6-4A-9: State Provisions Adopted By Reference
6-4A-10: Animal Cruelty In The Second Degree - Elements
6-4A-11: Nonliability
6-4A-12: Severability
6-4A-13: Dangerous Or Potentially Dangerous Dogs; Other Dangerous Pet Animals
6-4A-14: Violation; Penalties
As used in this article:
ABANDONED ANIMAL: Means an animal which is either dropped off, left in the street, road, highway, or on any other public or private property; or an animal which is placed in the custody of a veterinarian, boarding kennel owner, or any person for treatment, board or care; and
A. Having been placed in such custody for an unspecified period of time the animal is not removed within fifteen (15) days after notice to remove the animal has been given to the person who placed the animal in such custody or having been so notified the person depositing the animal refuses or fails to pay agreed-upon or reasonable charges for the treatment, board, or care of such animal; or
B. Having been placed in such custody for a specified period of time the animal is not removed at the end of such specified period or the person depositing the animal refuses to pay agreed upon or reasonable charges for the treatment, board, or care of such animal.
ADULT DOG: Any dog over four (4) months of age.
ANIMAL CONTROL OFFICER: All police officers and any other person, persons or association appointed or authorized by the Mayor or designee and/or the Chief of Police to enforce the provisions of this chapter. All animal control officers shall report to and follow the orders of the Mayor or designee and/or Police Chief.
ANIMAL SHELTER: Means any animal control facility operated by contracted association designated and/or authorized to impound and care for animals held under the authority of this article and/or State law. Presently the "South Pacific County Humane Society", a non-governmental non-profit animal shelter is the authorized shelter for Long Beach.
DANGEROUS DOG: Means any dog that:
A. Without provocation, has inflicted severe injury on a human being on public or private property; or
B. Without provocation, has killed a domestic animal, or other animal protected by Federal, State, or local rules, while off the owner's or keeper's property; or
C. Having been previously found to be potentially dangerous, and the owner having received notice of such, the dog again, without provocation, aggressively bites, attacks, or endangers the safety of humans, domestic animals, or other animals.
DOG: Any mammal of the canine family (Canis lupus familiaris).
DOG NUISANCE: A dog is a public nuisance if it:
A. Bites a person.
B. Chases vehicles, persons or bike riders or other animals.
C. Damages or destroys property of persons other than the owner of such dog.
D. Scatters garbage.
E. Trespasses on private property of other than the owner of the dog.
F. Disturbs persons by frequent or prolonged barking.
G. Is a female in heat and running at large.
DOG RUNNING AT LARGE: A dog off or outside the premises of the owner, not restrained by a rope, line, leash, chain or similar means. If such dog is not restrained by a tether of some kind, then that dog shall be deemed "at large". Furthermore, such tether shall not exceed ten feet (10') in length from the owner's hand to the collar of the dog.
EXOTIC ANIMAL: Means an animal of foreign origin and that is not native by birth to this community or not normally tamed and bred for the companionship of humans.
HARBOR: Means to have an animal which remains on one's premises, and/or the presumption of ownership of an animal by an occupant of any premises on which the animal remains or to which it customarily returns daily for food and care.
IMPOUNDMENT: Taking physical control of such dog. The moment an animal control officer/police officer is in physical control of a dog at large, such dog is considered impounded, and subject to impoundment fees.
KENNEL: Means an establishment wherein a person engages in the business of boarding, breeding, buying, training dogs and/or cats for a fee.
LIVESTOCK: Means horses, bovine animals, sheep, goats, swine, reindeer, donkeys, mules, and any other farm-type animals.
NUISANCE: Means, without provocation, excessive barking or other oral noises which unreasonably disturb person(s) or a neighborhood; chasing vehicles; depositing excretory matter on property other than that of the owners; damaging property; running at large; and any potentially dangerous dog.
OWNER: Any person who keeps, has custody of, possesses, harbors or exercises control over a dog with the exception of veterinary hospitals or City's shelter or designated shelter.
POTENTIALLY DANGEROUS DOG: Means any dog which, without provocation:
A. Inflicts bites on a human or domestic animal or other animal protected by Federal, State, or local rules; or
B. Chases or approaches a person upon the streets, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack; or
C. Causes injury or otherwise threatens the safety of humans or domestic animals or other animals protected by Federal, State, or local rules, while off the owner's property.
POULTRY: Means domesticated birds kept and raised for eggs and/or meat.
PROPER ENCLOSURE OF A DANGEROUS DOG: Means that while on the owner's property, a dangerous dog shall be securely confined indoors or in a securely enclosed and locked pen or structure, suitable to prevent the entry of young children or their being able to put in any portion of their anatomy so as to expose it to risk of attack by the dog. It is also to be designed to prevent the animal from escaping. Such pen or structure shall have secure sides and a secure top, and shall also provide protection from the elements for the dog.
PROVOCATION: Includes but is not limited to taunting, teasing, and wilfully causing undue pain, and/or unlawful entry upon or into the property of the owner or keeper.
SEVERE INJURY: Means any physical injury, including but not limited to broken bones, punctures, bites, and/or lacerations causing scarring, and/or requiring sutures or cosmetic surgery.
VICIOUS: Deliberately cruel or violent.
WILD: Means an animal that generally lives in its original natural state and is not normally domesticated. (Ord. 956, 9-4-2018)
A. Allowing Dog To Run At Large: It is unlawful for any owner of a dog to allow such dog to run at large. Certified Police Department dogs (K-9s) shall be exempted from this provision when under the control and supervision of their handlers.
B. Allowing Public Nuisance: No owner or person having the care, custody or control of an animal shall fail to exercise proper care and control of his/her animal to prevent it from becoming a nuisance as defined in section 6-4A-1 of this article.
C. Number Of Dogs Limited: It is unlawful for any person to keep within the corporate limits of the City more than four (4) adult dogs. This provision shall not apply to:
1. Licensed kennels;
2. Licensed veterinary clinics;
3. Licensed pet stores; or
4. Animal shelter which is a facility authorized to impound and care for animals held under the authority of this article and/or State law. Presently the "South Pacific County Humane Society" is the authorized shelter for Long Beach.
D. Wild Or Exotic Animals: No person shall have, keep, or maintain in any area of the City a live monkey (nonhuman primate), lion, tiger, bear, mountain lion (a.k.a., cougar), fox, lynx, poisonous reptile or serpent, or any other dangerous, carnivorous, wild, exotic animal, fish, reptile or any hybrid thereof. Any such animal, fish, reptile, or any hybrid thereof may be immediately and permanently impounded.
E. Rabies Quarantine:
1. In addition to and notwithstanding any other provisions of this chapter, whenever any person has been bitten by any owned or harbored animal and there is no reason to suspect that the animal is rabid, at the discretion of the local Health Officer or animal control officer, the animal involved may be restricted for ten (10) days of observation in such manner as to prevent contact with other animals or persons except for the caretaker.
2. The Department of Health or animal control authority may, if there is reason to believe the animal may be rabid, order the animal surrendered to an animal shelter or veterinary hospital. The cost of any such confinement shall be paid by the owner or person having custody of that animal.
3. No person shall knowingly allow an animal confined under the provisions of this subsection E to escape, to be sold, to be given away, or otherwise to allow disposal of such animal before the expiration of the quarantine period. (Ord. 956, 9-4-2018)
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