(Amended by Ord. No. 173,168, Eff. 5/18/00, Oper. 11/15/00.)
The City Council finds that there exists a serious pet overpopulation problem within the City, that has resulted in a threat to public safety and health, inhumane treatment of animals, mass euthanasia of dogs/cats at the local animal shelters and escalating costs for animal care and control. Further, the Board of Animal Services Commissioners has found that uncontrolled breeding is the cause and, without action aimed at the source, this problem and its serious consequences will remain unabated. Council finds that part of the solution is for all dogs and cats over the age of four months to be spayed or neutered, unless their owners purchase the appropriate licenses/permits for the privilege of maintaining the animal intact and allowing it to breed. Council also finds that an increase in the license fee for unaltered dogs will encourage the owners to spay/neuter their dog(s), in order to qualify for the much lower altered dog license fee. Further, Council finds that tighter regulation of the transfer of dogs and cats will help alleviate the City’s pet overpopulation crisis by allowing increased City control over the transfer of dogs and cats.
(a) Animal Ownership:
Animal Owner, for purposes of this section, shall mean any person harboring, keeping or providing care or sustenance to a domestic animal for 30 or more consecutive days on property which he/she owns, rents or leases. Such a person shall be subject to the requirements of this chapter. This definition does not apply to government agencies, animal rescue organizations which have demonstrated to the Department that they have implemented an ongoing spay/neuter program as well as an adoption program, or humane societies or societies for the prevention of cruelty to animals if such societies are incorporated under the provisions of California Corporations Code Section 10400 and the Nonprofit Public Benefit Corporation Law in Part 2 of the California Corporations Code, beginning at Section 5110 and successor sections.
(b) Intact Dogs and Cats: (Amended by Ord. No. 179,615, Eff. 4/8/08.)
(1) No person who owns a cat over the age of four months shall cause, permit, or allow the cat to be in a public place unsupervised, unless the cat is spayed or neutered. The term public place shall include, but not be limited to, streets, highways, sidewalks, carnivals, shopping malls, flea markets, boardwalks, and areas in front of commercial establishments. This requirement applies to all unaltered cats, whether or not their owner(s) have obtained breeding permits pursuant to Subsection (c), below.
(2) No person, within the City of Los Angeles, shall own a dog or cat over the age of four months that has not been spayed or neutered, unless valid written documentation is provided to show proof that the animal is exempt from the requirement to be spayed or neutered by reason of one of the following, and is in compliance with Subdivisions (3) and (4) below:
A. The dog or cat is a breed approved by and registered with a national or international breed registry or association which, at a minimum, requires identification of the breed, date of birth, names of registered sire and dam, the name of the breeder and recordkeeping relating to breeding, transfer of ownership and death. In addition, the animal must actively show or compete and shall have competed in at least one show or sporting competition hosted or staged by, or under the approval of, a national association, unless it is too young to compete. The owner shall provide verified proof to the satisfaction of the General Manager of the Department with each application for a new or renewal license. The Board of Animal Services Commissioners may issue further guidelines for enforcement of this Subsection. (Amended by Ord. No. 182,605, Eff. 8/6/13.)
B. (Deleted by Ord. No. 182,605, Eff. 8/6/13.)
C. The dog is being trained or has been appropriately trained and is actively used in a manner that meets the definition of guide, signal or service dog as set forth in Subdivisions (d), (e), and (f) of Section 365.5 of the Penal Code, or the dog is enrolled in a guide, signal or service dog breeding program administered by a person licensed under Chapter 9.5 (commencing with Section 7200) of Division 3 of the California Business and Professions Code.
D. The dog is appropriately trained or is in the process of being trained and is actively used by law enforcement agencies or the military for law enforcement, military or rescue activities.
E. (Amended by Ord. No. 182,605, Eff. 8/6/13.) The owner of the dog or cat provides a letter to the Department from a California licensed veterinarian certifying that arrangements have been made to spay or neuter the dog or cat within 60 days after the animal reaches the age of four months; that the dog or cat is too sick or injured to be spayed or neutered and that the animal's health would be best served by spaying or neutering after a specified date; or that it is unsafe to spay or neuter the animal due to old age, a permanent and serious medical condition or permanent infirmity that would prevent the animal from reproducing. The letter shall include the veterinarian's license number.
Except for a letter certifying that arrangements have been made to spay or neuter the dog or cat within 60 days after the animal reaches the age of four months, any letter from a veterinarian requesting a temporary or permanent extension, including updates, shall specify the animal's medical condition and the diagnosis which justifies the exemption and be supported by diagnostic reports. If the cat or dog has not been spayed or neutered by the date specified in the veterinarian's letter, the owner shall obtain an updated letter from the veterinarian specifying the new date by which the animal may be safely spayed or neutered. An updated letter for a temporary or permanent extension shall be submitted at the time of each license renewal. If the letter from the veterinarian certifies that arrangements have been made to spay or neuter the dog within 60 days from the date the dog reaches the age of four months and the Department has been notified that the dog has in fact been spayed or neutered within that 60-day period, the owner shall qualify for the lower license fee and license tax for an altered dog.
F. The dog or cat has a valid breeding permit issued to the owner pursuant to Subsection (c) below.
(3) An unaltered dog or cat shall be implanted with an animal identification device identifying the owner of the animal.
(4) In addition to meeting one of the exemptions in this section, the dog license application for an unaltered dog shall contain the information requested by the Department, including the identification number of the implanted animal identification device, the name and address of the owner, and the location at which the dog will be maintained.
(5) A license for an unaltered dog shall not be transferable, and shall not be issued to any person under the age of eighteen years.
(6) The provisions of this subsection become operative on October 1, 2008. However, an unaltered dog that has a valid dog license from the Department shall not be subject to this subsection until the dog license expires, or October 1, 2009, whichever occurs first.
(7) No person shall own, possess, harbor or have custody and control of a cat or dog in violation of this subsection. (Amended by Ord. No. 183,271, Eff. 11/14/14.)
(8) (Amended by Ord. No. 182,605, Eff. 8/6/13.) An unaltered dog or cat found running at large and impounded as a lost or stray animal shall be spayed or neutered and shall be implanted with a microchip before being redeemed by its owner, and the owner shall pay the amount established by the Department for spaying or neutering the dog or cat and implanting the microchip.
The Department shall waive the sterilization requirement the first time the unaltered dog or cat is impounded if the animal is exempt from the spay/neuter requirement, vaccinated and implanted with a microchip, and in the case of a dog, licensed, or the owner obtains a license and is in compliance with all other applicable provisions of this Article. The owner shall be responsible for paying the impound fees established by the Department, including the reasonable cost of feeding and caring, implanting the microchip, vaccinations, medication and any diagnostic or therapeutic applications as may be required in the reasonable discretion of the Department. Payment of the impound fees shall not be waived by the Department upon the abandonment of the dog or cat by the owner and shall be in addition to any other applicable civil or criminal penalties that may be imposed. If the owner chooses to have the animal sterilized prior to or in conjunction with the redemption and pays for the dog license, sterilization and implanting the microchip, the Department shall waive the impound fees.
An animal impounded for a second or subsequent time shall be spayed or neutered. The owner shall pay the amount established by the Department for the sterilization as part of the impound fees. If the owner chooses to have the animal sterilized prior to or in conjunction with the redemption and pays for the sterilization, the Department shall waive the impound fees. If the owner fails to pay the impound fees and costs as required, the animal shall be deemed to have been abandoned, unless the owner consents to and pays for the sterilization.
(9) (Added by Ord. No. 182,605, Eff. 8/6/13.) Prior to sterilizing an animal pursuant to the provisions of Subdivision (8) of this Subsection, the Department shall serve upon the owner in the manner provided for giving of notice in Section 11.00(i) of this Code, written notice of the intent to sterilize. If the owner does not want the Department to sterilize the animal, the owner, on a form provided by the Department, may file a written request for an administrative hearing within ten (10) days of such service. The decision of the Department to sterilize is final and effective when served on the owner, unless an appeal is filed within fifteen (15) days of said service.
If the Department receives a timely written request for an administrative hearing, it shall hold a hearing within twenty (20) days of receiving the request. Notice shall be served at least ten (10) days prior to the date set for the hearing. The hearing shall be conducted in accordance with the provisions of Subsections (a) through (m) inclusive, of Section 53.18.5. Prior to the hearing, the impound fees and costs accruing to the date of the hearing shall be paid by the owner.
(10) The decision of the General Manager may be appealed to the Board of Animal Services Commissioners by the owner. The appeal shall be in writing on an appeal form provided by the Department and scheduled for the first available Board meeting following receipt of the appeal in accordance with the procedures in Section 53.18.5(q)2. through 10., which govern the appeal process to the Board. The fees and costs to be charged to the owner from the time the appeal is received by the Department to the time that the Board decision is served on the owner shall not exceed fifteen (15) days of fees and costs for feeding and caring of the animal, unless, by written consent of the owner, the hearing date is continued to the next Board meeting and the owner agrees to pay for a not-to-exceed additional fourteen (14) days of fees and costs. If the Board reverses the decision of the General Manager and orders the animal returned without sterilization, the fees and costs for the feeding and caring of the animal accruing after the time the appeal is received by the Department to the time the Board decision is served on the owner shall be waived. Payment of the impound fees and costs shall not be waived by the Department upon the abandonment of the dog or cat by the owner and shall be in addition to any other applicable civil or criminal penalties that may be imposed. (Added by Ord. No. 182,605, Eff. 8/6/13.)
(c) Breeding Permit:
(1) No person shall cause or allow any dog or cat owned, harbored or kept within the City of Los Angeles to breed without first obtaining a breeding permit, as described below. The term breeding permit means a written authorization, issued annually by the General Manager, giving its lawful holder permission to breed a dog or a cat.
(2) Each breeding permit shall be valid for one year from the date of issuance, and may be renewed annually, before its expiration date. Each applicant for such a permit shall pay an annual fee of $235.00 or such other fee established in the manner set forth in Subsection (a) of Section 53.12 and promulgated by the Department. A separate permit must be obtained for each owned dog or cat that is allowed to breed. (Amended by Ord. No. 181,341, Eff. 11/14/10.)
(3) The Department shall administer an animal breeding permit program to allow the breeding of unaltered dogs and cats consistent with the criteria and procedures established by the Department pursuant to Section 53.58 of this Article. A breeding permit shall not be issued to a person who has been convicted of animal cruelty, neglect or abuse or to a person who has failed to obtain appropriate licenses or permits for the animal for which the breeding permit is being sought. Animals receiving a breeding permit shall be implanted with an electronic animal identification device (microchip) identifying the owner. The microchip number shall be verified by the Department. (Amended by Ord. No. 182,605, Eff. 8/6/13.)
(4) In addition to the criteria and procedures established by the General Manager pursuant to Paragraph 3 of this subsection, all breeding permits shall contain the following terms and conditions:
A. The owner of an unaltered female dog or cat shall not allow the whelping of more than one litter in any household within the permit year. Notwithstanding this provision, the General Manager is hereby authorized, upon application of a permittee, to allow on a one time basis the whelping of up to two dog or cat litters per breeding animal within any domestic household within a permit year, if the permittee establishes, according to regulations promulgated by the General Manager, that such breeding is required to protect the health of the animal or avert a substantial economic loss to the permittee. In the event that a permittee is forced to euthanize a litter of dogs or cats, the General Manager may authorize the whelping of one additional litter of dogs or cats within the same permit year by the permittee;
B. No offspring may be sold, adopted, bartered, or otherwise transferred, whether for compensation or otherwise, until it has reached the age of at least eight weeks;
C. No offspring may be sold or adopted until immunized against common diseases. The sale or adoption of a dog or cat shall include a statement signed by the seller or adopter attesting to the signatory’s knowledge of the animal’s health, and the animal’s immunization history;
D. Any holder of a breeding permit who advertises to the public the availability of any dog or cat for sale, adoption, or transfer, whether for compensation or otherwise, must prominently display the permit number in any such advertisement. Further, the breeding permit holder must provide the permit number to any person who purchases, adopts or receives any animal from the permit holder and include the permit number on any receipt of sale or transfer document;
E. Commercial establishments selling locally bred dogs or cats shall prominently display the breeding permit number(s) of the breeder(s) whose dogs and cats are sold in said establishments and any other pertinent information required by the General Manager; Commercial establishments selling dogs and cats which were not bred within the City of Los Angeles shall prominently display the name and address of the breeder(s) of such dogs and cats and any other pertinent information required by the General Manager;
F. Any breeding permit holder selling or otherwise transferring a dog or a cat, whether for compensation or otherwise, shall submit to the Los Angeles Department of Animal Services the name, address, and telephone number of the animal’s new owner within five days from the sale or other transfer, on a Department approved form; and
G. Any breeding permit holder or commercial establishment which sells or otherwise transfers a dog or cat, whether for compensation or otherwise, shall provide to the new animal owner City application(s) for a license and permit as well as written information regarding the license and permit requirements of the City of Los Angeles applicable to such animal.
H. A breeding permit holder shall implant each offspring born to a permitted animal with an electronic animal identification device identifying the breeder. The identity of the breeder shall remain on the electronic animal identification device along with the identity of the new owner upon the sale or transfer of the animal. (Added by Ord. No. 182,605, Eff. 8/6/13.)
I. A breeding permit holder shall comply with all applicable local, state and federal requirements for humane standards of operation, maintenance and housing of animals and shall be subject to inspection by the Department. (Added by Ord. No. 182,605, Eff. 8/6/13.)
(5) The following animals are exempt from the breeding permit requirements:
A. Dogs documented as having been appropriately trained and actively used by law enforcement agencies for law enforcement and rescue activities;
B. Dogs documented as guide, signal, or service dogs pursuant to California Penal Code Section 365.5(d), (e) & (f) and successor sections;
C. Dogs and cats certified by a licensed veterinarian as not being suitable subjects for spaying and neutering due to health reasons;
D. Dogs and cats under the care of governmental animal control agencies; animal rescue organizations which have demonstrated to the Department that they have implemented an ongoing spay/neuter plan, as well as an adoption plan; or humane societies or societies for the prevention of cruelty to animals, if such societies are incorporated under the provisions of California Corporations Code Section 10400 and the Nonprofit Public Benefit Corporation Law in Part 2 of the California Corporations Code, beginning at Section 5110, and successor sections; and
E. Dogs documented as enrolled in a guide, signal or service dog breeding program administered by a person licensed under Chapter 9.5 (commencing with Section 7200) of Division 3 of the California Business and Professions Code.
(d) Penalties:
(1) A violation of the breeding permit provisions of this section is a misdemeanor. (Amended by Ord. No. 183,271, Eff. 11/14/14.)
(2) The Department may revoke any permit issued pursuant to this section upon a finding that the permit holder has violated its terms and conditions. Such a finding shall be made after an administrative hearing conducted in accordance with the provisions of Section 53.18.5 of this Code; provided, however, that a finding by the Department’s hearing examiner that such violation had occurred, if this finding is sustained by the General Manager, shall result in the permit’s revocation, notwithstanding the provisions of Section 53.18.5(l) of this Code.
(3) (Deleted by Ord. No. 183,271, Eff. 11/14/14.)
(e) Sale, Adoption and Other Transfers of Dogs and Cats:
(1) Any person who offers or provides, whether for compensation or otherwise, any dog or cat for sale or other type of transfer, shall disclose to the transferee information regarding the license and permit requirements of the City of Los Angeles applicable to the transferred animal.
(2) No person shall present any dog or cat for sale, adoption, barter, exchange, or adoption, whether for compensation or otherwise, in any public place, without first obtaining a permit pursuant to Los Angeles Municipal Code section 53.50. The term public place shall include, but not be limited to, streets, highways, sidewalks, carnivals, shopping malls, flea markets, boardwalks, and areas in front of commercial establishments. This prohibition shall not apply to:
A. Government agencies; non-profit animal rescue organizations exempt from taxation under Internal Revenue Code section 501(c)(3); or humane societies or societies for the prevention of cruelty to animals if such societies are incorporated under the provisions of California Corporations Code Section 10400 and the Nonprofit Public Benefit Corporation Law in Part 2 of the California Corporations Code, beginning at Section 5110;
B. Permitted dog or cat shows; or
C. Permitted pet stores which sell or otherwise transfer dogs or cats, whether for compensation or otherwise, within the store.
(3) No person shall give away any dog or cat as a prize or as an inducement to enter into any contest, lottery, drawing, game or competition.
(4) No person shall give away any dog or cat as an inducement to enter a place of business, or to enter into a business arrangement.
(5) No person shall sell, barter, exchange or offer for adoption, whether for compensation or otherwise, any dog or cat to any minor under the age of eighteen years, without the written permission of one of the minor’s parents or legal guardians.
(6) Commercial establishments selling dogs and cats which were not bred within the City of Los Angeles shall prominently display the name and address of the breeder(s) of such dogs and cats and any other pertinent information required by the General Manager.
(7) Failure to display the breeding permit number or include it in any advertisement for sale, adoption or other transfer of dogs and cats is a misdemeanor. (Amended by Ord. No. 183,271, Eff. 11/14/14.)
(8) Possession of a valid permit under this section of the Code does not entitle the permit holder to engage in an activity which is otherwise prohibited by law.
(9) No person shall sell, offer or advertise for sale or adoption, barter, transfer or broker the transfer or sale for compensation or otherwise, any dog, cat or other animal under the age of six months within the City of Los Angeles, without first obtaining a transfer permit. This requirement shall not apply to: (i) pet dealers who conform to the provisions of California Health & Safety Code Section 122125-122220 or pet stores or other commercial establishments permitted to sell or transfer dogs and cats and who are regulated by the Department; (ii) governmental agencies; (iii) non-profit animal rescue organizations exempt from taxation under Internal Revenue Code Section 501(c)(3) that do not breed animals, are registered with the Department and comply with the rules and regulations of the Department, including early age spaying and neutering; (iv) humane societies or societies for the prevention of cruelty to animals if such societies are incorporated under the provisions of the California Corporations Code Section 10400 and the Non-Profit Public Benefit Corporation Law in Part 2 of the California Corporations Code, beginning at Section 5110; or (v) a person who has a valid breeding permit from the Department and is selling or transferring a puppy or kitten pursuant to the breeding permit. (Added by Ord. No. 181,353, Eff. 11/18/10.)
(10) The term transfer permit means a written authorization issued annually in accordance with the permit process established in Sections 53.50 and 53.58, giving the permit holder permission to sell or transfer for compensation or otherwise, animals under the age of six months including dogs or cats. Each holder of a transfer permit shall pay an annual fee of $120.00 or an amount as revised by the Board of Animal Services Commissioners and approved by the City Council, and abide by the rules and regulations promulgated by the General Manager, including but not limited to limitations on the number of animals that may be transferred annually. (Added by Ord. No. 181,353, Eff. 11/18/10.)
(11) (Added by Ord. No. 181,353, Eff. 11/18/10.) In addition to the criteria and procedures established by the General Manager and such information as the General Manager shall request, the permit holder shall:
A. Prominently display the transfer permit number for the sale, adoption, or transfer of any animal under the age of six months, in any advertisement including but not limited to newspapers, newsletters, flyers, magazines or other publications, electronic media, internet or the posting of signs;
B. Certify that he or she is over the age of eighteen years and has not been convicted of animal cruelty or neglect;
C. Provide to any person who purchases, adopts or receives an animal under the age of six months a statement signed by the permit holder attesting to the signatory's knowledge of the animal's health and immunization history, and include a copy of the City's license and permit requirements. The transfer permit number must appear on the sale or transfer document;
D. Provide the Department with the name, address and contact information for the breeder(s) and other source or origin of the animal, as well as the location at which the animal is located or will be kept if different from the address on the transfer permit;
E. Agree not to transfer a dog or cat until it has reached the age of eight weeks, has been weaned, micro-chipped, immunized against common diseases, and in the case of a dog four months of age or older, has received its rabies vaccination. Proof of the rabies and other vaccinations shall be provided to the new owner;
F. In the case of the sale, adoption or transfer of a dog, submit to the Department the name, address and telephone number of the new owner along with the micro-chip information on a Department approved form within five (5) days from the date of sale or transfer;
G. Agree not to transfer any dog, cat or other animal under the age of six months to any minor under the age of eighteen years;
H. Agree not to knowingly sell or transfer an animal for use in dog or animal fighting or in any other illegal activity;
I. Obtain a City business license and if applicable, a seller's permit or license and/or resale and tax identification number from the State Board of Equalization or any other required license or permit; and
J. Comply with all tax laws and regulations.
(12) A violation of the transfer permit provisions of this Section may be prosecuted as a misdemeanor. Failure to comply with the terms and conditions of the transfer permit and applicable law shall also be grounds for the revocation or suspension of the transfer permit. (Amended by Ord. No. 183,271, Eff. 11/14/14.)