HomeMy WebLinkAboutOrdinance No. 12-O7ORDINANCE NO. 12-07
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA,
CALIFORNIA, AMENDING CHAPTER 10 OF THE AZUSA MUNICIPAL
CODE REGARDING ANIMAL CONTROL AND ADOPTING BY
REFERENCE THE LOS ANGELES COUNTY CODE, TITLE 10,
ANIMALS WITH LOCAL AMENDMENTS.
WHEREAS, effective July 1, 2012, Animal Control Services for the City of Azusa have
been provided by Los Angeles County Department of Animal Care and Control; and
WHEREAS, pursuant to Azusa's contract with the County, the Azusa Municipal Code
needs to be amended to reflect the adoption of Los Angeles County Code Title 10 —Animals, by
reference; and
WHEREAS, the City of Covina desires to make modifications or amendments to the Los
Angeles County Code Title 10 which are particular to the City of Azusa.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA DOES
ORDAIN AS FOLLOWS:
Section 1. Chapter 10 of the Azusa Municipal Code is hereby repealed in its entirety
and replaced with the following:
"CHAPTER 10 - ANIMALS
ARTICLE I - ADOPTION
ARTICLE II - DEFINITIONS
ARTICLE III - AMENDMENTS
ARTICLE IV - VIOLATION - PENALTY
ARTICLE I - ADOPTION
10-1 - Adoption.
10-2 - Conies.
10-3 -10-10. - Reserved.
10-1. - Adoption. Except as expressly amended herein, the Animal Control Ordinance
and miscellaneous regulations of the County of Los Angeles, the same being Title 10 of the Los
Angeles County Code, adopted and amended through Ordinance No. 2011-0038, passed on July
26, 2011, is adopted by reference as the animal control ordinance of the City of Azusa
(hereinafter referred to as "Animal Control Ordinance").
10-2. - Copies. A copy of the Animal Control Ordinance, shall be on file in the office of
the City Clerk at all times during regular business hours.
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10-3 –10.10. - Reserved.
ARTICLE II - DEFINITIONS
10-11. - Applicability.
10-12. - County or County of Los Angeles.
10-13. - County Clerk.
10-14. - Director of the Regional Planning Department.
10-15. - Unincorporated Territory/Area.
10-16. - 10-30. – Reserved.
10-11. - Applicability. Wherever in the Animal Control Ordinance the following words
or phrases are used, they respectively shall have the following meanings ascribed to them.
10-12. - County or County of Los Angeles. "County" or "County of Los Angeles"
means the City of Azusa.
10-1.3. - County Clerk. "County Clerk" means the City Clerk of the City of Azusa.
10-14. - Director of the Regional Planning Department. "Director of the Regional
Planning Department' means the City of Azusa Community Development Director.
10-15. - Unincorporated Territory/Area. "Unincorporated territory" or
"Unincorporated area of the County of Los Angeles", shall be deemed to refer to the city limits
of the City of Azusa.
10-16 -10-30. - Reserved.
ARTICLE III - AMENDMENTS
10-31. - Section 10.12.190 Amended – Refusing to show license or certificate
unlawful.
10-32. - Section 10.20.020 Amended – Person deemed custodian when.
10-33. - Section 10.20.030 Amended – License—Required—Fees and Other Charges.
10-34. - Section 10.20.038 Amended – Residential dogs and cats - Limitations.
10-35. - Section 10.20.050 Amended – Exceptions for licensing requirement.
10-36. - Section 10.20.060 Amended – Unvaccinated dogs – Licensing permitted
when.
10-37. - Section 10.20.070 Amended – Unvaccinated dogs – Time limit for
vaccination when dog is disabled.
10-38. - Section 10.20.140 Amended – Vaccination requirements and conditions.
10-39. - Section 10.20.185 Deleted – Microchipping of dogs required.
10-40. - Section 10.20.190 Amended – Keeping of unlicensed dogs prohibited –
voluntary licensing of cats.
10-41. - Section 10.20.211 Deleted – Spaying or neutering [of cats] – Condition of
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sale — Deposit required.
10-42. - Section 10.20.212 Deleted — Disposition of funds by director.
10-43. - Section 10.20.213 Deleted — Spaying or neutering [of cats] — Deposit paid to
veterinarian.
10-44. - Section 10.20.214 Deleted — Spaying or neutering [of cats] — Deposit
forfeited without proof of operation.
10-45. - Section 10.20.215 Deleted — Spaying or neutering [of cats]— Deposit refund
conditions.
10-46. - Section 10.20.220 Amended — [Vaccination] Requirements generally.
10-47. - Section 10.20.230 Amended — Revaccination time — Rabies vaccine.
10-48. - Part 4 of Title 10 (Sections 1.0.20.350 through 10.20.385) Deleted —
Mandatory Spay and Neuter Program for Dogs.
10-49. - Section 10.32.030 Amended — Dogs — Running at large permitted on private
property - Conditions.
10-50. - Section 10.36.120 Amended — Impounded dogs and cats wearing current,
valid license tag — Destruction or other disposition conditions.
10-51. - Section 10.36.340 Deleted — Spaying or neutering [of dogs] — Condition of
sale — Deposit required.
10-52. - Section 10.36.350 Deleted — Spaying or neutering [of dogsl - Condition of
sale — Deposit of moneys. Section
10-53. - Section 10.36.360 Deleted — Spavins or neutering [of dogs] — Deposit paid to
veterinarian.
10-54. - Section 10.36.370 Deleted — Spaying or neutering [of dogsl — Deposit
forfeited without proof of operation - Conditions.
10-55. - Section 10.36.380 Deleted — Spaving or neutering [of dogs) — Deposit refund
conditions.
10-56. - Section 10.90.010 Amended — License Fees Schedule.
10-57 - 10-75. — Reserved.
1.0-31. - Section 10.12.190 Amended — Refusing to show license or certificate
unlawful. Section 10.12.190 of the Animal Control Ordinance is hereby amended to read as
follows:
Any person upon whom any demand is made under authority of this Division 1 for the
exhibition of any dog, rabies vaccination certificate, or any dog license or tag, who fails or
refuses to exhibit the same if he has it in his possession, is guilty of a violation of this Division 1,
which shall be punishable as herein provided.
10-32. - Section 10.20.020 Amended — Person deemed custodian when. Section
10.20.020 of the Animal Control Ordinance is hereby amended to read as follows:
Any person keeping or harboring any dog for 15 consecutive days shall be deemed to be
the custodian thereof and subject to licensing provisions within the meaning of this Division 1.
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10-33. - Section 10.20.030 Amended — License—Required—Fees and Other Charges.
Section 10.20.030 of the Animal Control Ordinance is hereby amended to read as follows:
Every person owning or having custody or control of any dog over the age of four months
in the City of Azusa shall obtain an annual license from the director for each dog and shall pay
the fee for the licenses including delinquency charges and field enforcement fees as set forth in
Sections 10.20.130 and 10.90.010. The owner or custodian of a dog or other animal required to
be licensed and found unlicensed by a department employee in the field will be charged a field
enforcement fee.
10-34. - Section 10.20.038 Amended — Residential dogs and cats - Limitations.
Section 10.20.038 of the Animal Control Ordinance is hereby amended to read as follows:
A. Dogs. Up to three dogs may be kept at any residence without an animal facility
license, provided the dogs' owner or custodian licenses each individual dog. For purposes of this
section, a service dog licensed under Section 10.20.090, is not counted toward the number of
dogs kept or maintained, while such dog is serving a person who is disabled within the meaning
of Government Code Section 12926(1) or Government Code Section 12926(k).
B. Cats. Up to five cats may be kept at any residence without an animal facility
license, provided the cats' owner or custodian keeps all cats primarily indoors.
10-35. - Section 10.20.050 Amended — Exceptions for licensing requirement. Section
10.20.050 of the Animal Control Ordinance is hereby amended to read as follows:
A. The provisions of this Division 1 do not require either a tag or a license for:
1. Any dog found within the City of Azusa when the owner thereof resides in
any municipality within the county, and such dog is wearing or has attached to it a license tag for
the current year issued by such municipality;
2. Any dog owned by or in the charge of any person who is a nonresident of
the City of Azusa and is traveling through the City of Azusa or temporarily sojourning therein
for a period of not exceeding 30 days;
3. Any dog brought into the City of Azusa and kept therein for not to exceed
30 days for the exclusive purpose of entering the same in any bench show, or dog exhibition, or
field trials or competition;
4. Any dog brought or sent into the City of Azusa from any point outside
thereof for the exclusive purpose of receiving veterinary care in any dog hospital, in the event
that such dog is kept at all times strictly confined within such hospital;
5. Any dog wearing or having attached to it a license tag for the current year
issued by a municipality within the county when the owner thereof has, within one year last past,
moved his principal place of residence from such municipality to the City of Azusa; provided,
that such municipality similarly exempts from tag and license requirements dogs wearing current
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county license tags and owned by persons who have moved from the City of Azusa to such
municipality.
B. Except, that each guard dog found within the City of Azusa, regardless of where
the owner may reside, must have a Los Angeles County dog license; and the license tag must be
securely affixed to the dog's collar while it is being used as a guard dog within the City of Azusa.
10-36. - Section 10.20.060 Amended — Unvaccinated dogs — Licensing permitted
when. Section 10.20.060 of the Animal Control Ordinance is hereby amended to read as
follows:
The director may accept the payment of the fee for a license tag and a license for a dog
who has not been vaccinated as required by Division 1 on condition that the owner of such dog,
within five days thereafter, have such dog vaccinated and submit the required veterinarian's
certificate to the director. Upon receipt of such certificate, the director shall issue the license tag
and license.
10-37. - Section 10.20.070 Amended — Unvaccinated dogs — Time limit for
vaccination when dog is disabled. Section 10.20.070 of the Animal Control Ordinance is
hereby amended to read as follows:
A person who obtains a license without submitting a certificate of vaccination because of
the infirmity or disability of the dog shall, within 10 days after the termination of such infirmity
or disability, cause such dog to be vaccinated as required by Part 2 of this chapter.
10-38. - Section 10.20.140 Amended — Vaccination requirements and conditions.
Section 10.20.140 of the Animal Control Ordinance is hereby amended to read as follows:
The director shall not issue a dog license unless the applicant exhibits a certificate signed
by a veterinarian, licensed either by the state of California or by any other state to practice
veterinary medicine, that:
A. The period elapsing from the date of vaccination with approved rabies vaccine to
the date of expiration of the license being issued does not exceed the time as established by the
state; or
B. Such dog should not be vaccinated with rabies vaccine because such vaccination
would jeopardize the health of such dog due to infirmity or other disability, which infirmity or
other disability, and the estimated date of termination thereof, is shown on the face of the
certificate to the satisfaction of the director.
10-39. - Section 1.0.20.185 Deleted — Microchipping of dogs required. Section
10.20.185 of the Animal Control Ordinance which requires the microchipping of dogs is hereby
deleted in its entirety.
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10-40. - Section 10.20.190 Amended — Keeping of unlicensed dogs prohibited —
voluntary licensing of cats. Section 10.20.190 of the Animal Control Ordinance is hereby
amended to read as follows:
A person shall not harbor or keep, or cause or permit to be harbored or kept, any
unlicensed dog in the City of Azusa. A person may harbor or keep, or cause or permit to be
harbored or kept, any cat which may be voluntarily licensed in the City of Azusa.
10-41. - Section 10.20.211 Deleted — Spaying or neutering [of cats] — Condition of
sale — Deposit required. Section 10.20.211 of the Animal Control Ordinance which requires the
spaying or neutering of cats as a condition of sale and requires the payment of a deposit for said
spaying or neutering is hereby deleted in its entirety.
10-42. - Section 10.20.212 Deleted — Disposition of funds by director. Section
10.20.212 of the Animal Control Ordinance which provides for the disposition of deposited
funds for the spaying or neutering of cats is hereby deleted in its entirety.
10-43. - Section 10.20.213 Deleted — Spaying or neutering [of cats] — Deposit paid to
veterinarian. Section 10.20.213 of the Animal Control Ordinance which provides for the
payment of deposited funds to be paid to a veterinarian performing said spaying or neutering or
the return of deposited funds to the owner is hereby deleted in its entirety.
10-44. - Section 10.20.214 Deleted — Spaying or neutering [of cats] — Deposit
forfeited without proof of operation. Section 10.20.214 of the Animal Control Ordinance
which provides for the forfeiture of deposited funds if a cat isn't spayed or neutered is hereby
deleted in its entirety.
10-45. - Section 10.20.215 Deleted — Spaying or neutering [of cats] — Deposit refund
conditions. Section 10.20.215 of the Animal Control Ordinance which provides the conditions
for refund of deposited funds for spaying or neutering is hereby deleted in its entirety.
10-46. - Section 10.20.220 Amended — [Vaccination] Requirements generally.
Section 10.20.220 of the Animal Control Ordinance is hereby amended to read as follows:
A. Every person keeping, harboring, or having any dog over four months of age in
the City of Azusa shall cause such dog to be vaccinated with rabies vaccine, by a person licensed
by the state of California, or other state, to practice veterinary medicine, on or before the latest of
the following dates:
1. 15 days after first acquiring such dog or cat;
2. 15 days after bringing such dog or cat into the unincorporated territory of
the county of Los Angeles.
B. No person shall cause a dog under the age of four months to be vaccinated with an
approved rabies vaccine unless a veterinarian licensed by the state of California, or other state,
determines that such vaccination is required to preserve the health or prevent the disability of
such dog.
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C. A person may harbor, keep or have, or cause or permit to be harbored, kept or
had, any cat which may be voluntarily vaccinated in the City of Azusa with rabies vaccine,
provided that the cat is vaccinated by a person licensed by the state of California, or other state,
to practice veterinary medicine.
10-47. - Section 10.20.230 Amended — Revaccination time — Rabies vaccine. Section
10.20.230 of the Animal Control Ordinance is hereby amended to read as follows:
Every person keeping, harboring, or having a dog in the City of Azusa which has been
vaccinated with an approved rabies vaccine shall cause such dog to be revaccinated within a
period of not more than:
A. 12 months after the dog's initial vaccination if the dog was between four months
and one year in age at the time of such vaccination;
B. 36 months after each prior vaccination.
10-48. - Part 4 of Title 10 (Sections 10.20.350 through 10.20.385) Deleted —
Mandatory Spay and Neuter Program for Dogs. Part 4 of Title 10 of the Animal Control
Ordinance (Sections 10.20.350 through 10.20.385) which establishes a mandatory spay and
neuter program for dogs is hereby deleted in its entirety.
10-49. - Section 10.32.030 Amended — Dogs — Running at large permitted on private
property - Conditions. Section 10.32.030 of the Animal Control Ordinance is hereby amended
to read as follows:
The provisions of this chapter do not prohibit permitting or allowing dogs to run at large
on the premises of the owner or person having charge, care, custody or control of such dogs
when the property is a ranch or similar undeveloped property, or prohibit permitting or allowing
dogs to run at large on any ranch or similar undeveloped property with the permission of the
owner of such ranch or similar undeveloped property; provided such dog is under reasonable
control of a competent person.
10-50. - Section 10.36.120 Amended — Impounded dogs and cats wearing current,
valid license tag — Destruction or other disposition conditions. Section 10.36.120 of the
Animal Control Ordinance is hereby amended to read as follows:
Dogs and cats wearing current, valid license tag, issued by the county of Los Angeles or
any municipality within the county of Los Angeles, impounded pursuant to this Division 1, shall
not be destroyed or otherwise disposed of unless:
A. The person to whom the current license for such dog or cat was issued so directs;
or
B. Six business days have elapsed since such person was notified of the whereabouts
of his dog or cat by telephone; or
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C. Six business days have elapsed since a letter, postage fully prepaid, addressed to
such person at his last known address and informing such person of the whereabouts of his dog
or cat, has been deposited in the United States mail.
Notwithstanding the foregoing, a dog or cat which is irremediably suffering from a
serious illness or severe injury shall not be held for owner redemption or for adoption. Any stray
animal that is impounded pursuant to this Division 1, shall, prior to the killing of the animal for
any reason other than irremediable suffering, be released to a nonprofit humane organization, as
defined in Section 501(c)(3) of the Internal Revenue Code, animal rescue or adoption
organization if requested by the organization prior to the scheduled killing of the animal. The
Department may assess the standard adoption fee for animals released.
10-51. - Section 10.36.340 Deleted — Spaying or neutering [of dogs] — Condition of
sale — Deposit required. Section 10.36.340 of the Animal Control Ordinance which requires the
spaying or neutering of dogs as a condition of sale and requires the payment of a deposit for said
spaying or neutering is hereby deleted in its entirety.
10-52. - Section 10.36.350 Deleted — Spaying or neutering [of dogs] - Condition of
sale — Deposit of moneys. Section 10.36.350 of the Animal Control Ordinance which provides
for the deposit of funds for the spaying or neutering of dogs is hereby deleted in its entirety.
10-53. - Section 10.36.360 Deleted — Spaying or neutering [of dogs] — Deposit paid to
veterinarian. Section 10.36.360 of the Animal Control Ordinance which provides for the
payment of deposited funds to be paid to a veterinarian performing said spaying or neutering or
the return of deposited funds to the owner is hereby deleted in its entirety.
10-54. - Section 10.36.370 Deleted — Spaying or neutering [of dogs] — Deposit
forfeited without proof of operation - Conditions. Section 10.36.370 of the Animal Control
Ordinance which provides for the forfeiture of deposited funds if a dog isn't spayed or neutered
is hereby deleted in its entirety.
10-55. - Section 10.36.380 Deleted — Spaying or neutering [of dogs] — Deposit refund
conditions. Section 10.36.380 of the Animal Control Ordinance which provides the conditions
for refund of deposited funds for spaying or neutering is hereby deleted in its entirety.
10-56. - Section 10.90.010 Amended — License Fees Schedule. The license fees
schedule set forth in Section 10.90.010 of the Animal Control Ordinance is hereby adopted,
except that Paragraph I is hereby amended to read as follows:
Every person owning a dog over the age of four months shall obtain an annual license
and tag for each such dog, except, there shall be a one -time -only fee for registration of
discharged military dogs, for guide dogs or Seeing Eye dogs, for signal dogs trained to assist the
hearing impaired, and for service dogs trained to perform tasks to assist the physically
handicapped, upon payment of the following fees:
10-57 -10-75. — Reserved.
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ARTICLE IV — PENALTY
10-76. - Violation — Penalty.
10-76. - Violation - Penalty. The penalty for any person violating any of the provisions
of this Chapter 10 shall be the same as those in Section 10.04.060 of the Animal Control
Ordinance, which states the following:
10.04.060 Violation — Penalty.
A. Any person violating any of the provisions of this title is guilty of an infraction,
unless another penalty is provided for in this title.
B. Violation of Sections
10.12.190 10.20.310 10.32.020 10.37.030 10.40.010
10.12.200 10.28.060 10.32.070 10.37.050(C) 10.40.040
10.20.280 10.28.280(C) 10.32.080 10.37.060(F) 10.86.010
of this title is a misdemeanor, punishable as set forth in Penal Code Section 19."
Section 2. If any section, subsection, sentence, clause, phrase or word 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, sentence, clause, or phrase not declared invalid or
unconstitutional without regard to whether any portion or the ordinance would be subsequently
declared invalid or unconstitutional.
Section 3. This ordinance shall take effect thirty (30) days after its final passage.
Upon the effective date of this ordinance, the provisions hereof shall supersede any conflicting
provisions of the Title 10 of Los Angeles County Code
Section 4. The City Clerk shall certify to the adoption of this ordinance. Not later
than fifteen (15) days following the passage of this ordinance, the ordinance, or a summary of the
ordinance, along with the names of the City Council members voting for and against the
ordinance, shall be published in a newspaper of general circulation in the City of Covina.
Section 5. The City Council finds that this ordinance is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result
in a direct or reasonably foreseeable indirect physical change in the environment) and
15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines,
California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in
physical change to the environment, directly or indirectly.
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PASSED AND APPROVED on this 171h day of December, 2012
/10seph R. Rocha, Mayor
AT
Vera Mendoza, City Clerk 61
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF AZUSA
I, VERA MENDOZA, City Clerk of the City of Azusa, do hereby certify that the
foregoing Ordinance No. 12-07, was duly introduced and placed upon its first reading at a
regular meeting of the Azusa City Council on 191h November, 2012 and that thereafter, said
Ordinance was duly adopted and passed at a regular meeting of the Azusa City Council on the
171h day of December, 2012 by the following vote, to wit:
AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
AiityClerk of the City of Azusa
APPROVED AS TO FORM:
MarcA A Martine City A torney
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