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4.04.020 Dog.

4.04.360 Impounded dogs.

4.04.340 Tag to be attached to dog.

4.04.210 Dogs on exhibition, or owned by non-residents.

4.04.330 Duty of persons performing vaccinations.

4.04.180 Refund of license fee.

4.04.200 Dogs in kennels.

4.04.220 Care of female dogs.

4.04.230 Taking possession of animals.

4.04.350 Imported dogs.

4.04.380 Nuisance defined.

3.12.1040 Transporting animals.

4.04.385 Material to remove dog feces.

4.04.155 Dogs on public property.

4.04.300 Vaccination of dogs.

4.04.410 Vicious dogs.

4.04.170 Licensing of dogs.

4.04.280 Dangerous animals.

4.04.160 Dogs—Prohibited public areas.

4.04.370 Dogs to be controlled so as not to commit nuisances.

4.04.320 Vaccination defined.

5.04.240 Dogs, cats and other animals.

4.04.190 Unlicensed dogs.

4.04.250 Special fees for impounding.

4.04.290 Dangerous animal quarantine.

8.48.130 Special commercial building provisions.

4.04.020 Dog.

Dog includes any canine. (Prior code § 4101)

4.04.360 Impounded dogs.

Whenever an owner of an impounded dog or any person desiring to possess any impounded dog takes said dog from the pound, said persons shall within ten days after securing the release of said dog, present to the Pound Master a certificate showing said dog has been vaccinated as required by this Chapter. (Prior code § 4135; added by Ord. No. 394CCS, adopted 2/14/56)

4.04.340 Tag to be attached to dog.

Certificate Retained by Owner. Every owner of a dog shall attach the tag evidencing vaccination against rabies to the collar or harness of the vaccinated dog and such collar or harness shall be worn by the dog at all times. The copy of the certificate shall be retained by the owner or harborer of the vaccinated dog for inspection by the authorized persons. (Prior code § 4133; added by Ord. No. 394CCS, adopted 2/14/56)

4.04.210 Dogs on exhibition, or owned by non-residents.

Dog licenses shall not be required for dogs brought to the City exclusively for the purpose of participating in dog shows or exhibitions, nor to any dog in the care, custody and control or any person who is a non-resident of the City and who is sojourning therein for a period not exceeding fourteen days. Every such dog shall have attached to his collar or harness a license tag showing that a license has been issued for such a dog by a public agency in the United States for the current calendar year. (Prior code § 4119)

3.12.1040 Transporting animals.

No person, while a passenger on any motor coach, bus or street car, shall carry or transport, or attempt to carry or transport any dogs, cats or other live animals. This Section shall not prohibit a blind person, who is aided and guided in his movements by a dog trained especially for that purpose, from carrying or transporting such a dog for such purposes. (Prior code § 3380b)

4.04.155 Dogs on public property.

(a) No person having control, charge or custody of any dog shall permit the dog to be upon any public property, unless the dog is:

(1) In the custody and control of a competent person; and either

(2) Confined in an automobile; or

(3) Restrained by a chain or leash six feet or less in fixed length.

(b) Any person violating this Section shall be guilty of an infraction which shall be punishable by a fine of not less than fifty dollars per violation with each day or partial day of violation counting as a separate offense.

(c) Notwithstanding the above, this Section shall not apply to dogs in any area designated by resolution of the City Council for use by dogs if the person having custody or control of the dog is in compliance with posted rules governing the use of the designated area. (Added by Ord. No. 2137CCS § 2, adopted 8/10/04)

4.04.330 Duty of persons performing vaccinations.

Each duly licensed veterinarian after vaccinating any dog shall sign a certificate in duplicate containing the following information:

(a) The name and address of the owner or harborer of the vaccinated dog;

(b) The kind of vaccine used and the date of the vaccination;

(d) The breed, age, color, and sex of the vaccinated dog;

(e) Such other information as the City Manager may require.

He shall immediately present one copy to the owner of the vaccinated dog and retain one copy. At the time of the vaccination of any dog, the veterinarian shall also deliver to the owner of the dog a tag as evidence of such vaccination. The tag shall be made of durable material suitable to be attached to the collar or harness of the dog and shall state the date of vaccination thereon. The City Clerk shall not issue any license where vaccination is required until there has been presented to him for examination a certificate showing said vaccination. (Prior code § 4132; amended by Ord. No. 644CCS, adopted 3/24/64)

4.04.180 Refund of license fee.

Any person who harbors an unneutered male or unspayed female dog within the City, and who subsequently causes said dog to be neutered or spayed shall be entitled to a refund of the license fee paid hereunder for the year in which such dog is neutered or spayed upon presentation of proof to the City Clerk. (Prior code § 4116A; amended by Ord. No. 997CCS, adopted 4/1/75)

4.04.200 Dogs in kennels.

The annual license tax imposed upon a person harboring a dog shall not apply to any person conducting or maintaining a dog kennel in the City, but every person conducting or maintaining a dog kennel shall be required to pay the annual business license tax required for engaging in such business under the business license provisions of this Code. (Prior code § 4118)

4.04.220 Care of female dogs.

No person having control, charge or custody of any female dog shall permit the same to stray or run or in any manner to be at large upon any unenclosed land, public street, or other public place in the City while such female dog is in the copulating season. Any dog found in any such place in violation of the provisions of this Section shall be impounded by the Humane Officer. (Prior code § 4120)

4.04.230 Taking possession of animals.

No person shall take the possession of any fowl, dog or other animal found running at large in the City, without notifying the Humane Officer at his headquarters within four hours after receiving possession of such fowl, dog or other animal, giving full description of the same, the address of the place where same may be found, and shall, upon demand of the aforesaid Humane Officer, surrender such fowl, dog or animal to him. Said Humane Officer shall impound such fowl, dog or other animal as in this Code provided, and it is hereby made the duty of any police officer who shall have any knowledge or notice of any person having in his possession any such fowl, dog or other animal, to report the same to said Humane Officer. (Prior code § 4121)

4.04.350 Imported dogs.

Any person bringing any dog into the City shall comply with the laws, rules and regulations of the State of California and of the City of Santa Monica relating to dogs. Any dog brought into the City which has not been vaccinated within twelve months with nervous tissue or twenty-four months with chick embryo vaccine prior to importation shall be vaccinated within fifteen days after its arrival in the City. If the imported dog remains in the City for more than fifteen days, the dog shall be licensed in accordance with the provisions of this Article. A certificate of vaccination is issued by a duly licensed veterinarian from any other jurisdiction for the specific dog, establishing vaccination with an approved vaccine, may be accepted as evidence of vaccination. (Prior code § 4134; added by Ord. No. 394CCS, adopted 2/14/56)

4.04.380 Nuisance defined.

As used in Section 4.04.370, “nuisance” means depositing of fecal matter by any dog upon any public property, including, but not limited to, public parks, streets, sidewalks, parkways, gutters and drains, or any improved private property other than that of the owner of said dog or person who has consented thereto without the same being removed immediately by the owner or person having control of said dog. (Prior code § 4137; added by Ord. No. 611CCS, adopted 6/11/63; amended by Ord. No. 1710CCS § 4, adopted 11/9/93)

4.04.385 Material to remove dog feces.

No person shall walk, or otherwise have in his or her custody or control, any dog upon any public property, including streets, sidewalks, public parks, parkways and alleys, unless the person has in his or her possession, and in plain view, readily usable materials or implements sufficient to remove and to dispose of lawfully any fecal matter that may be deposited on the ground by the dog. Any person violating this Section shall be guilty of an infraction, which shall be punishable by a fine of not less than fifty dollars per violation. (Added by Ord. No. 1710CCS § 5, adopted 11/9/93; amended by Ord. No. 1759CCS § 4, adopted 8/2/94)

4.04.300 Vaccination of dogs.

Every person who owns or harbors a dog or dogs over four months of age in the City of Santa Monica shall have such dog or dogs vaccinated against rabies by a duly licensed veterinarian of his choice except as provided in Section 4.04.310 of this Chapter. Such vaccination shall be at intervals of twelve or twenty-four months depending on the type of vaccine used. (Prior code § 4129; amended by Ord. No. 443CCS, adopted 5/13/58)

4.04.410 Vicious dogs.

(a) A City Animal Control Officer may issue a written notice to a person owning or harboring a dog to keep the dog muzzled and leashed if the Animal Control Officer determines, based upon clear and convincing evidence, that the dog is vicious or predatory in nature.

(b) No person owning or harboring any dog that has been determined to be vicious or predatory shall allow or permit such dog to be upon the public streets, public sidewalks, public parks, or any other public place within the City, or upon any private property which is not fully enclosed by fence or other barrier, except when muzzled and held under leash by an able bodied person.

(c) Any person violating any of the provisions of this Section shall be guilty of an infraction. Any person convicted of an infraction under the provisions of this Section shall be punishable by a fine of not less than five dollars and not more than twenty-five dollars. Each such person shall be guilty of a separate offense for each and every commission of any violation of any provision of this Section and shall be punished accordingly. (Prior code § 4140; added by Ord. No. 1306CCS, adopted 4/24/84; amended by Ord. No. 2137CCS § 7, adopted 8/10/04)

4.04.170 Licensing of dogs.

(a) Every person who harbors a dog within the City shall pay to the City an annual license tax in an amount to be established by resolution of the City Council. The City shall from time to time deliver to the person making such payment a license which shall describe the dog, together with a seal or metallic plate having

thereon the number of such license, and figures indicating paid, provided the person making the payment has filed with the City a certificate indicating the dog has been vaccinated in accordance with this Chapter and state law; otherwise, a receipt for payment shall be issued. Duplicates shall be issued for lost tags for one dollar and fifty cents upon the filing of proof of such loss. Such metallic tags shall be attached to a collar or harness and such collar or harness with the attached tag shall be kept on such dog at all times, excepting as otherwise provided in the Code.

(b) The license fee herein mentioned shall be due and payable on the 2nd day of January each year and shall expire on the 31st day of December next ensuing. Where a dog is acquired after the 2nd day of January, the license fee thereon shall be due on the date of acquisition of such dog for such calendar year and thereafter on the 2nd day of January of each succeeding year.

(c) In the event that any person shall fail, neglect or refuse to pay the required license tax before the 1st day of April of each year, a penalty will be assessed, in addition to the prescribed license fee, in the amount of five dollars for every neutered male or spayed female dog and ten dollars for every un-neutered male or unspayed female dog.

(d) The provisions of this Section shall not apply to:

(1) Any dog not more than four months of age.

(2) Owners of dogs certified as assistance dogs by the Animal Control Division pursuant to state law. (Prior code § 4116; amended by Ord. No. 1329CCS, adopted 2/19/85; Ord. No. 2137CCS § 5, adopted 8/10/04)

4.04.280 Dangerous animals.

Upon receiving an affidavit from any person who has been bitten by a dog, cat or other animal or from any person who has witnessed an animal biting a person or another animal, the Animal Control Officer shall investigate. If the investigation reveals facts which tend to show that the animal is dangerous, the Animal Control Officer may notify the person having the care, custody and control of such dog, cat or other animal in writing, that the animal must be kept at all times within an adequate enclosure on the property or premises where such person resides. (Prior code § 4126; amended by Ord. No. 1997CCS § 1, adopted 12/19/00)

4.04.160 Dogs—Prohibited public areas.

Except as expressly permitted by this Chapter, no person having control, charge or custody of any dog shall permit the dog to be in or upon a school ground, public building, tot lot, playing field, tennis court, basketball court, other game court, or the beach sands lying westerly of that street commonly known as Oceanfront Walk or northerly of the westerly prolongation of the center line of California Avenue. Any person violating this Section shall be guilty of an infraction, which shall be punishable by a fine of not less than fifty dollars per violation with each day or partial day of violation counting as a separate offense. In addition, any such dog found in any such prohibited place may be impounded as herein provided.

Notwithstanding the above, this Section shall not apply to:

(1) Dogs which are being used by disabled persons as guide or service dogs, while such dogs are being used for such purposes;

(2) Dogs in any area designated by resolution of the City Council for use by dogs if the person having custody or control of the dog is in compliance with posted rules governing the use of the designated area. (Prior code § 4115; amended by Ord. No. 1501CCS, adopted 11/14/89; Ord. No. 1710CCS § 2, adopted 11/9/93; Ord. No. 1759CCS § 2, adopted 8/2/94; Ord. No. 2137CCS § 3, adopted 8/10/04)

4.04.370 Dogs to be controlled so as not to commit nuisances.

No person having the right and ability to prevent the same, shall knowingly, carelessly, or negligently permit any dog to

commit any nuisance upon any public property, including, but not limited to, public parks, streets, sidewalks, parkways, gutters and drains, or any improved private property other than that of the owner of said dog or person who has consented thereto. Any person violating this Section shall be guilty of an infraction, which shall be punishable by a fine of not less than one hundred dollars per violation. (Prior code § 4136; amended by Ord. No. 1396CCS, adopted 1/13/87; Ord. No. 1710CCS § 3, adopted 11/9/93; Ord. No. 1759CCS § 3, adopted 8/2/94)

4.04.320 Vaccination defined.

“Vaccination” and “Vaccination against Rabies” shall mean the inoculation of the dog with a chick embryo or nervous tissue vaccine approved by the United States Department of Agriculture, or any other vaccine approved by such department. (Prior code § 4131; amended by Ord. No. 443CCS, adopted 5/13/58)

5.04.240 Dogs, cats and other animals.

No dog, cat or other animal shall be kept, maintained or housed in, or permitted in that portion of the building or place where a public eating place, food establishment or slaughter house is operating, excepting seeing-eye dogs when under the control of, and being used as guide dogs for, blind persons. (Prior code § 5124)

4.04.190 Unlicensed dogs.

The Humane Officer shall take possession of any dog, except those dogs not more than four months of age, found anywhere in the City without a collar or harness and tag as provided in this Code and shall impound the same under the provisions of this Code. (Prior code § 4117; amended by Ord. No. 1329CCS, adopted 2/19/85)

4.04.250 Special fees for impounding.

Dogs. Notwithstanding the provisions of Section 4.04.240 of this Code, the fee for the impound of any dog which commits an act prohibited by either Section 4.04.150 or 4.04.160 and Section 4.04.370 of this Code shall be as follows:

IMPOUND

FEE

First Offense

$25.00

Second Offense

$35.00

Third and Subsequent Offense

$50.00

4.04.290 Dangerous animal quarantine.

When a person having the care, custody and control of a dangerous dog, cat or other animal receives a notice from the Animal Control Officer ordering containment of the animal, that person must keep the animal securely restrained on his or her premises either by use of chain attached to the animal’s collar or harness, or within an enclosure sufficiently strong to prevent the animal from escaping, until the Animal Control Officer issues a notice releasing the animal from containment. No transfer of the place of restraint can be made without the written consent of the Animal Control Officer. Failure to comply with the Animal Control Officer’s order of containment shall be a misdemeanor.

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