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No person shall have, keep, or harbor any animal which is known or believed by the person to be infected with any dangerous or communicable disease, or which is in an incurable crippled condition, or which is afflicted with any painful disease which is believed by such person to be incurable, except as in this article otherwise provided.
(a) Authority for Clinic and Fees. (Amended by Ord. No. 180,697, Eff. 6/26/09.) The General Manager is hereby authorized and empowered to establish Department operated clinics at which members of the public may have dogs and cats spayed or neutered in a humane manner upon payment of a $40.00 fee for each animal, or such other fee established in the manner set forth in Subsection (a) of Section 53.12 and promulgated by the Department.
Notwithstanding the foregoing, no fee shall be charged for spaying or neutering a dog whose owner has applied for and qualifies to be issued a free license under Subsection (f) of Section 53.15 of this Code for such dog.
Nor shall a fee be charged for spaying or neutering a cat owned and maintained by a person 62 years of age or older, provided that the combined adjusted gross income of all members of the household in which such person resides is less than the “very low income” limitation for residents of the City of Los Angeles, using the figure in effect on the preceding first day of April as determined by the United States Housing Act of 1937, as amended, and published by the United States Department of Housing and Urban Development. No more than three cats per person or household may be spayed or neutered free of charge, except that upon satisfactory proof of loss or death of a cat that was spayed or neutered free of charge under the provisions of this Subsection, a replacement cat may be spayed or neutered free of charge for the same person. (Amended by Ord. No. 181,268, Eff. 9/26/10.)
(b) Consent Form and Waiver. (Added by Ord. No. 141,123, Eff. 11/19/70.) Persons submitting dogs or cats for the above service shall sign a consent form certifying thereon under penalty of perjury that they are the owner of said animals or are otherwise authorized to present the animal for the above operation and such persons may be required to furnish proof of such ownership or authority.
Such consent shall contain a waiver of any and all liability of the City, the Department of Animal Services and City employees for any injury or death to an animal arising out of the aforementioned operation or any services provided incidental thereto.
(c) Board and Care Charge. (Added by Ord. No. 141,123, Eff. , 11/19/70.) The department shall establish a return date by which persons submitting animals for the above operation shall pick up said animals or be subject to a reasonable board and care fee to commence the day after such return date.
Failure to pick up an animal within 15 days of said return date shall be deemed abandonment of such animal and the General Manager may dispose of it by sale or destruction.
(d) Suspension of fees. The fees and charges imposed by this section are hereby suspended for the period September 26, 1987 through and including January 22, 1988. (Added by Ord. No. 162,744, Eff. 9/24/87.)
It shall be the duty of the General Manager of the Department and the General Manager is hereby authorized and empowered to issue and sign a death warrant and order the destruction by any employee of the Department, of any animal lawfully taken into custody of the Department which in the opinion of the General Manager is, by reason of old age, unfit for further use, or which is infected with any dangerous or communicable disease, or which is in an incurably crippled condition, or which is adjudged by a written report of a licensed veterinarian to be afflicted with any painful or incurable disease. (Amended by Ord. No. 133,983, Eff. 4/10/67.)
The General Manager shall issue and sign a death warrant for and authorize the destruction by a police officer or other person of any animal inflicted with any dangerous or communicable disease or which is in an incurable crippled condition.
(Amended by Ord. No. 148,943, Eff. 11/25/76.)
(a) No person, owning or having custody or control of any dog, other than a sentry dog, or any other animal known by such person to be vicious or dangerous, shall permit it to run at large, or permit it to run loose on or within the premises of such person in such a manner as to endanger the life or limb of any person lawfully entering such premises. For the purposes of this section “sentry dog” shall mean a dog trained to work without supervision in a fenced facility to deter or to detain persons found within the facility.
(b) Notwithstanding any other provisions of this Code, no owner or person charged with custody or control of a sentry dog shall assign or work such dog on a premises, unless said premises is posted to warn of sentry dog activity. Said warning shall consist of signs placed at 50-foot intervals around the perimeter of the area guarded by the sentry dog and at all entrances and exits to said area. Such signs shall measure 10" x 14" and shall contain black lettering on a white background stating “WARNING - SENTRY DOG ON DUTY,” and shall also depict the head of a dog with bared fangs. In addition the sign shall set forth the name, address and telephone number of the sentry dog company furnishing the dog for hire. The telephone number shall be a telephone which is staffed by a person 24 hours a day every day of the year.
(Title amended by Ord. No. 162,537, Eff. 8/8/87.) (Section amended by Ord. No. 162,748, Eff. 9/24/87.)
A person who owns or is in charge of or controls or who possesses a dog or other animal who permits, allows or causes the dog or other animal to run, stray, be uncontrolled or in any manner be in, upon, or at large upon a public street, sidewalk, park or other public property or in or upon the premises or private property of another person is guilty of a misdemeanor if said dog or other animal bites, attacks or causes injury to any human being or other animal.
Any person convicted under this section or Section 53.33 shall not own, possess, control or be in charge of any animal of the species which caused the bite, attack or injury for a period of three (3) years from the date of conviction. The Department shall not issue or renew any license or permit for said species of animal, except that upon the written request of the person so convicted, the General Manager may authorize the issuance of a dog license pursuant to the provisions of Section 53.15(b).
(Added by Ord. No. 168,864, Eff. 7/7/93.)
No person, owning or having custody or control of any dog, whether or not restrained by a substantial chain or leash, shall permit the dog to unlawfully assault, threaten or menace any human being or other animal upon any public street, sidewalk, park or other public property, or in or upon the premises or private property of another.
(Added by Ord. No. 162,537, Eff. 8/8/87.)
(a) The Department shall have the power to summarily and immediately impound a dog or other animal where there is evidence it has attacked, bitten or injured any human being or other animal pending any court or dog license or animal permit revocation proceeding arising from the attack, bite or injury; or to undertake a hearing pursuant to Section 53.34.4. A duly authorized Department employee may enter and inspect private property to enforce the provisions of this section as provided by Section 53.03 of this article.
Failure to surrender to the Department upon demand a dog or other animal which is subject to being impounded pursuant to this section is a misdemeanor.
A dog or other animal, impounded pursuant to the authority of this section, shall be returned to the owner or custodian as provided by Section 53.34.4 or when it is no longer required as evidence, or if a notice of a hearing pursuant to Section 53.34.4 to declare the dog or other animal a dangerous animal has not been served on the owner or custodian within seven days after the impoundment.
(b) In lieu of impound, the General Manager may permit the dog or other animal to be confined at the owner’s or custodian’s expense in a Department approved dog kennel or veterinary facility within the City or at the owner’s or custodian’s residence provided that the owner or custodian:
1. Shall not remove the dog or other animal from the kennel, veterinary facility or residence without the prior written approval of the General Manager or the General Manager’s authorized representative; and
2. Shall make the dog or other animal available for observation and inspection by Department personnel or members of law enforcement or their authorized representatives.
(c) The General Manager or the General Manager’s designated representative may have a dog or other animal, impounded or confined as provided in (a) or (b) above, permanently identified by means of photo identification prior to release from impound or confinement.
(Added by Ord. No. 181,930, Eff. 12/11/11.)
(a) Following a hearing in accordance with Section 53.18.5 or Section 53.34.4, if the Hearing Examiner determines that the bite, attack or injury was the result of improper or negligent training, handling or maintenance, and that the owner or custodian is able and willing to properly train, handle or maintain the dog and that a similar incident is not likely to occur if the terms, conditions and restrictions are followed, the Hearing Examiner may recommend that a Restricted Dog Permit be issued as part of the terms, conditions or restrictions pursuant to Subsection (l) of Section 53.18.5, to include, but not limited to, some or all of the following additional terms, conditions or restrictions to protect the public health, safety and welfare:
1. That in addition to the dog license tax and fee, the owner shall pay a Restricted Dog Permit fee of $120.00 annually, which is subject to reassessment in accordance with Section 53.12 (a).
2. That the dog owner obtain and maintain liability insurance in an amount not less than $100,000 or in an amount determined by the City’s Risk Manager, provide proof of insurance and notify the City at least thirty (30) days prior to cancellation or non-renewal of the insurance coverage.
3. Post warning signs at all property entrances and notify the occupants of the adjacent property and/or within a 150 foot radius of the Restricted Dog Permit.
4. That the dog not be transferred or placed in the custody of another person without the written consent of the General Manager, except in a licensed dog kennel or with a California licensed veterinarian. The dog owner must notify any transferee, kennel, veterinarian or other custodian that the dog is subject to a Restricted Dog Permit.
5. Other terms, conditions and restrictions may include but are not limited to the training, handling and maintenance of the dog, the wearing of a muzzle, properly securing the owner’s or custodian’s property and that the dog only be walked by the owner or another responsible adult.
6. That the dog owner and custodian, if separate from the owner, sign a declaration that they will abide by the terms, conditions and restrictions of the license and the Restricted Dog Permit.
(b) A Restricted Dog Permit shall not be issued for a dog that has fatally injured a human being or to a dog owner if any current or previously owned dog of that owner has fatally injured a human being.
(c) A Restricted Dog Permit may be rescinded by the General Manager if the owner demonstrates that measures taken by the owner or changed circumstances have mitigated the danger to the public, including the permanent removal of the dog from the City.
(d) The Department may amend or revoke a Restricted Dog Permit and the dog license following a hearing if the owner has failed to comply with the terms, conditions or restrictions of the Permit or of the dog license.
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