Title 10 ANIMALS
Chapter 10.28 OTHER LICENSES
10.28.010 Application of Chapter 10.28 provisions.
10.28.020 Initial license--Application required.
10.28.030 License--Form and information required.
10.28.040 License fee not refundable.
10.28.050 License requirements--Inspection prerequisite to issuance and renewal.
10.28.060 License--Required for certain activities and animals--certain animals exempt.
10.28.061 Keeping and breeding pygmy pigs--License required.
10.28.062 Pygmy pigs--Breeding prohibited when.
10.28.090 License--Expiration date.
10.28.100 Display of license.
10.28.120 License--Issued subject to conditions when.
10.28.130 Denial or conditional grant--Notice to applicant of right to hearing.
10.28.140 Denial or conditional grant--Hearing procedure.
10.28.150 Exception to waiting period following license denial or revocation.
10.28.160 Renewal procedure.
10.28.170 Suspension or revocation--As condition of license grant--Procedure.
10.28.175 Reinspection.
10.28.180 Revocation--Grounds.
10.28.190 Revocation--Notice to tax collector.
10.28.200 Revocation--Forfeiture of fee.
10.28.210 Imposition of additional conditions authorized when.
10.28.220 Change of conditions at licensee’s request.
10.28.230 License--Preparation, numbering, recordkeeping and other procedures.
10.28.240 License--Information to be shown.
10.28.250 Renewal procedure--Report from regional planning commission required when.
10.28.260 Report of zoning land use regulation violations required when--Contents.
10.28.270 Animal facility grading--Bases for grading.
10.28.280 Display of grading card--Violation.
10.28.290 Consequences of failure to achieve minimum grade.
10.28.010 Application of Chapter 10.28 provisions.
This chapter applies to all licenses required by this Division 1 except
licenses for individual dogs and cats. (Ord. 2011-0011 § 3, 2011: Ord. 9454
§ 1 (part), 1967: Ord. 4729 Art. 6 § 601, 1946.)
10.28.020 Initial license--Application required.
Every person desiring a license to operate an animal facility or to keep a
wild animal under Section 10.28.060, shall file an application with the
department upon a form to be provided by the department, and at such time pay
the required fee and any applicable penalty as set forth in Section
10.90.010.II. A person who possessed or owned a wild animal or who operated an
animal facility without the required license, shall pay the penalty set forth in
Section 10.90.010.II.C.4, in addition to the license fee. When a person applies
for licenses for different purposes for animals at the same premises at the same
time, the cost of the licenses shall be reduced by the amount set forth in
Section 10.90.010.II.A.1.k. (Ord. 2009-0017 § 13, 2009: Ord. 2004-0036
§ 8, 2004: Ord. 9454 § 1 (part), 1967: Ord. 4729 Art. 6 § 602,
1946.)
10.28.030 License--Form and information required.
Each application for any license covered by this chapter shall be upon a
form to be furnished by the department, and shall contain such information as
the director may require. (Ord. 9454 § 1 (part), 1967: Ord. 4729 Art. 6
§ 622, 1946.)
10.28.040 License fee not refundable.
No part of the license fee is refundable in any case. (Ord. 2004-0036
§ 9, 2004: Ord. 93-0002 § 6, 1993: Ord. 85-0204 § 14, 1985: Ord.
9454 § 1 (part), 1967: Ord. 4729 Art. 6 § 621, 1946.)
10.28.050 License requirements--Inspection prerequisite to issuance and renewal.
Upon the filing of any license or renewal application covered by this
chapter, the director shall inspect and make such investigation as he deems
proper. The director may issue a new license or renew the license if the
following requirements are met: A. The maintenance of the animal or animals at
the location set forth in the application will not violate any law or ordinance
of the county of Los Angeles, federal law or any law of the state of California,
or constitute a menace to the health, peace or safety of the
community;
B. The applicant has received approval from the director of the
regional planning department that the maintenance of the animal or animals as
defined in this chapter, at the location specified in the application for the
license therefore, will not violate any provision of any zoning ordinance or
other specific plan of land use;
C. The applicant has not had a license,
covered by this chapter, denied or revoked within the county of Los Angeles
within twelve months prior to the application. However, the director may issue a
license within the twelve month waiting period if the applicant is able to make
the showing required by Section 10.28.150. (Ord. 2011-0011 § 4, 2011: Ord.
2004-0036 § 10, 2004: Ord. 9454 § 1 (part), 1967: Ord. 4729 Art. 6
§ 623, 1946.)
10.28.060 License--Required for certain activities and animals--certain animals exempt.
Any person, including a new owner of an existing organization or business,
shall not conduct or operate any animal facility listed in Section 10.90.010, or
keep any wild animal, within the unincorporated area of Los Angeles, without
first obtaining a license from the department, except as otherwise provided in
this Section 10.28.060. Any person who has not applied for a license within 30
days after the expiration date of a license must obtain a new license, in place
of a renewal license. A license is not required for the keeping of the following
animals for personal
use:
1. Canaries;
2. Chinchillas;
3. Chipmunks;
4. Finches;
5. Gopher
snakes;
6. Guinea pigs;
7. Hamsters;
8. Hawks;
9. King
snakes;
10. Marmoset monkeys;
11. Mynah birds;
12. Parrots,
parakeets, amazons, cockatiels, cockatoos, lories, lorikeets, love birds,
macaws, and similar birds of the psittacine
family;
13. Pigeons;
14. Ravens;
15. Squirrel
monkeys;
16. Steppe eagles;
17. Toucans;
18. Turtles;
19. White
doves;
20. Tropical fish excluding caribe;
21. Domesticated mice and
rats. (Ord. 2011-0011 § 5, 2011: Ord. 2009-0017 § 14, 2009: Ord.
2004-0036 § 12, 2004.)
10.28.061 Keeping and breeding pygmy pigs--License required.
Any person owning or having the custody, care or control of a pygmy pig as
defined in this title who keeps or maintains any such pig, whether as a pet or
for personal use, or breeds such pig for pay or other compensation, shall first
pay a fee and obtain an animal license or animal facility license from the
department, except that no such license shall be issued unless:
A. The
person keeping or maintaining a pygmy pig in a residential area, as permitted in
Los Angeles County Code Section 22.20.030 as a pet or for personal use, has
provided proof from a licensed veterinarian that the pig has been neutered or
spayed and such proof has been submitted to the department;
B. The person
owning or having custody and care of the animal has obtained any and all
licenses and zoning permits required pursuant to this county code or any other
ordinance or statute and has submitted proof of such to the department. (Ord.
2004-0036 § 13, 2004: Ord. 92-0110 § 2, 1992.)
10.28.062 Pygmy pigs--Breeding prohibited when.
Any person owning or having the custody, care or control of any pygmy pig,
and who keeps and maintains a pygmy pig in any residential zone, shall not
engage in the breeding of such animals. (Ord. 92-0110 § 3, 1992.)
10.28.090 License--Expiration date.
All licenses covered by this chapter shall automatically expire twelve
(12) months following the date of issue, unless sooner revoked or terminated by
any of the following actions: the licensee changes the location of the animal
facility or the animal for which the license was issued, or the licensee sells,
assigns, transfers or otherwise disposes of the animal facility or animal or his
or her interest therein. (Ord. 2011-0011 § 6, 2011: Ord. 2004-0036 §
14, 2004: Ord. 10638 § 1 (part), 1973: Ord. 9454 § 1 (part), 1967:
Ord. 4729 Art. 6 § 607, 1946.)
10.28.100 Display of license.
Every person having a license issued pursuant to the provisions of this
chapter shall keep such license posted and exhibited, while in force, in some
conspicuous part of such establishment or, in the case of a wild animal license,
affixed to the cage or enclosure wherein the animal is kept, or in the case of a
pygmy pig such license shall be affixed to a harness or other device and worn by
the animal at all times. (Ord. 92-0110 § 4, 1992: Ord. 9454 § 1
(part), 1967: Ord. 4729 Art. 6 § 627, 1946.)
10.28.120 License--Issued subject to conditions when.
If the director finds that the facts are such that any one or more of the
provisions of this Division 1 relating to the denial of the license under
consideration would apply if the license is issued without conditions, but that
conditions can be imposed which will eliminate any such ground for denial, the
director shall direct that the license be issued, subject to such conditions.
(Ord. 9454 § 1 (part), 1967: Ord. 4729 Art. 6 § 604, 1946.)
10.28.130 Denial or conditional grant--Notice to applicant of right to hearing.
Before the director denies any license, either new or renewal, or grants
any license subject to conditions, except the renewal of a license containing
only those conditions to which the license renewed was subject, or conditions to
which the applicant has agreed, he shall notify the applicant in writing that he
intends to deny the license or to grant the license subject to conditions, which
conditions shall be specified in the notice, and that the applicant, if
dissatisfied with the decision of the director may, in writing, request a
hearing before the business license commission within five days after receipt of
such notice. (Ord. 10638 § 1 (part), 1973: Ord. 9454 § 1 (part), 1967:
Ord. 4729 Art. 6 § 605, 1946.)
10.28.140 Denial or conditional grant--Hearing procedure.
If any applicant requests a hearing, the director shall prepare and file
an accusation in the manner prescribed in Section 7.10.210 of this code, on
business licenses. The parties will then be notified and a hearing held by the
business license commission in the manner prescribed in Sections 7.04.280 and
7.10.200 through 7.10.390 of this code. At such hearing, all parties may be
heard and the business license commission shall determine whether the license
should be issued, issued subject to conditions, or denied. (Ord. 10638 § 1
(part), 1973: Ord. 9454 § 1 (part), 1967: Ord. 4729 Art. 6 § 606,
1946.)
10.28.150 Exception to waiting period following license denial or revocation.
If a license has been denied or revoked, the director shall not accept a
new application by the same person for a license for the same activity at the
same location less than twelve months after such denial or revocation unless the
applicant affirmatively shows, and the director finds, that the grounds upon
which the first application was denied or the license was revoked no longer
exist. (Ord. 2004-0036 § 16, 2004: Ord. 9454 § 1 (part), 1967: Ord.
7829 § 4 (part), 1960: Ord. 4729 Art. 6 § 609, 1946.)
10.28.160 Renewal procedure.
Within 30 days after the expiration of any license or prior to the
expiration of the license, the licensee shall apply for a renewal of the license
and, with his application, pay the required fee set forth in Section
10.90.010.II.B. When a person applies for more than one renewal, for animals at
the same premises at the same time, the cost of the renewals shall be reduced by
the amount set forth in Section 10.90.010.II.B.1.i. An animal facility which has
not applied for a renewal within the 30 day grace period must obtain a new
license in place of a renewal license, and pay the fees applicable to an initial
license. If the applicant has not applied for a renewal within six months after
the expiration date, the penalty provided in Section 10.90.010.II.C.4 must also
be paid. (Ord. 2009-0017 § 15, 2009: Ord. 2004-0036 § 17, 2004: Ord.
87-0036 § 15, 1987: Ord. 85-0204 § 16, 1985: Ord. 9454 § 1
(part), 1967: Ord. 6937 § 4, 1956: Ord. 4729 Art. 6 § 608,
1946.)
10.28.170 Suspension or revocation--As condition of license grant--Procedure.
Every license granted is granted and accepted by all parties with the
express understanding that the director may prepare and file an accusation, and
cause the parties to be notified, and a hearing held before the business license
commission as prescribed in Section 10.28.140. If, from the evidence introduced
at such hearing, the business license commission finds that any ground of
revocation exists, it may revoke or suspend such license. Pending such hearing
and decision, the director may suspend such license for not more than 60 days.
(Ord. 10638 § 1 (part), 1973: Ord. 10087 § 1, 1970: Ord. 9454 § 1
(part), 1967: Ord. 8613 § 1 (part), 1964: Ord. 8043 § 10 (part), 1961:
Ord. 7829 § 4 (part), 1960; Ord. 7351 § 3 (part), 1958: Ord. 6937
§ 6, 1956: Ord. 4729 Art. 6 § 610, 1946.)
10.28.175 Reinspection.
When a reinspection of the premises is necessary to determine compliance
with all licensing requirements, or when a person requests a reinspection in
order to improve a grade, or for any reason, he shall pay the reinspection fee
set forth in Section 10.90.010.II.C.1, provided that any applicable initial
license fee or renewal fee has been already paid within the preceding twelve
months. (Ord. 2009-0017 § 16, 2009: Ord. 2004-0036 § 18,
2004.)
10.28.180 Revocation--Grounds.
A license may be revoked on any one or more of the following
grounds:
A. Any facts exist because of which a denial of the license would
be authorized;
B. The licensee, or any agent or employee of the licensee,
has violated or has been convicted of violating any of the provisions of the
ordinance codified in this chapter or any other county ordinance, or of any
regulation adopted pursuant thereto, or of any law, statute, rule, order or
regulation of the state now or hereafter in force regulating the occupation or
other activity for which the license was issued;
C. The licensee obtained
the license by fraudulent representations;
D. The licensee has conducted the
occupation or other activity licensed in an immoral or disorderly
manner;
E. The licensee is an unfit person to be entrusted with the
privileges granted by the license. (Ord. 9454 § 1 (part), 1967: Ord. 4729
Art. 6 § 613, 1946.)
10.28.190 Revocation--Notice to tax collector.
The director shall give notice of such revocation to the tax collector.
(Ord. 9454 § 1 (part), 1967: Ord. 4729 Art. 6 § 615, 1946.)
10.28.200 Revocation--Forfeiture of fee.
On revocation of the license, no part of the money in the hands of the tax
collector shall be returned, but the said license fee shall be forfeited to the
county. (Ord. 9454 § 1 (part), 1967: Ord. 8043 § 11, 1961: Ord. 4729
Art. 6 § 614, 1946.)
10.28.210 Imposition of additional conditions authorized when.
A. If, at any time, it appears to the director that there are grounds for
the revocation of a license, but that such grounds could be eliminated by the
imposition of conditions, or of additional conditions, or by the amendment of
any existing condition to such license, he may notify the licensee in writing
that he intends to impose or amend such conditions and that the licensee may,
within five days after receipt of such notice, request in writing a hearing
before the business license commission.
B. If, from the evidence at a
revocation hearing or at a hearing held pursuant to this section, it appears to
the business license commission that there are grounds for revocation which can
be eliminated by the imposition of, or amendment of, conditions, the business
license commission may impose or amend such conditions. (Ord. 10638 § 1
(part), 1973: Ord. 9454 § 1 (part), 1967: Ord. 4729 Art. 6 § 611,
1946.)
10.28.220 Change of conditions at licensee’s request.
If a licensee applies in writing to the director for a change in the
conditions to which his license is subject, the director may grant such
application in whole or in part, or may deny such application, based upon facts
found by him. (Ord. 9454 § 1 (part), 1967: Ord. 4729 Art. 6 § 612,
1946.)
10.28.230 License--Preparation, numbering, recordkeeping and other procedures.
Each license issued pursuant to the provisions of this chapter shall be
prepared, numbered, signed, delivered and accounted for in the manner provided
by law for other licenses. (Ord. 9454 § 1 (part), 1967: Ord. 4729 Art. 6
§ 617, 1946.)
10.28.240 License--Information to be shown.
In addition to any other matter required by law, each license shall state
the name and residence address of the person to whom such license is issued, the
amount paid therefor and the character thereof, the date when issued, the date
on which such license shall expire, and shall specify the address at which the
license permits the maintenance of the animal or animals. (Ord. 9454 § 1
(part), 1967: Ord. 4729 Art. 6 § 618, 1946.)
10.28.250 Renewal procedure--Report from regional planning commission required when.
If the tax collector has not received any protest against its renewal, he
may issue a renewal of an existing license covered by this chapter at the same
location, without any report from the director of the regional planning
commission. Otherwise, the tax collector shall not issue any license until he
obtains from the director of the regional planning commission a statement signed
by such director that the maintenance of the animal or animals, at the location
specified in the application for the license therefor, will not violate any
provision of any zoning ordinance or official plan of a master plan of land use.
(Ord. 9454 § 1 (part), 1967: Ord. 4729 Art. 6 § 619, 1946.)
10.28.260 Report of zoning land use regulation violations required when--Contents.
If the director of the regional planning commission finds that the holder
of any license covered by ordinance or official plan of land use, or has done,
is doing or threatens to do any act, because of the doing of which no license
should be issued or renewed, or any other circumstance because of which such
license should not be renewed, he shall report such fact in writing to the tax
collector. In such report he shall give the number of the license, the name and
address of the licensee, the location of the animal or animals, the reasons why
such license should not be renewed, and such other facts as the tax collector
may require. (Ord. 9454 § 1 (part), 1967: Ord. 4729 Art. 6 § 620,
1946.)
10.28.270 Animal facility grading--Bases for grading.
A. The purpose of the Animal Facility Grade Card is to provide notice to
the public of the grade earned by an animal facility at the time of the most
recent inspection of the facility. The grading standards are set forth in the
Animal Facility Inspection Report, which is available upon request from any
county shelter.
B. The letter grade reflected in the Animal Facility
Inspection Report is based on the facility’s level of compliance with
applicable state statutes and local ordinances and policies relating to the care
of animals. The grade shall be issued on the animal facility’s final score
as follows:
1. Grade of A: Final score of 90% and above;
2. Grade of B:
Final score of 80% to 89%;
3. Grade of C: Final score of 70% to 79%. A final
score of 70% is the minimum grade required to maintain a license in good
standing. A score of less than 70% will result in recommendations by the
department regarding licensing or legal action to be taken as set forth in
Section 10.28.290. (Ord. 2004-0036 § 19, 2004.)
10.28.280 Display of grading card--Violation.
A. Upon issuance by the director, the facility shall post the Animal
Facility Grade Card at every animal facility, so as to be clearly visible to the
general public and to patrons entering the facility. For purposes of this
section, “clearly visible to the general public and to patrons”
shall mean:
1. Posted in the front window of the facility within five feet
of the front door;
2. Posted in a display case mounted on the outside front
wall of the facility within five feet of the front door; or
3. Posted in a
location as directed and determined in the discretion of the director to ensure
proper notice to the general public and to patrons.
B. In the event that an
animal facility is operated in the same building or space as a separately
licensed or permitted business, or in the event that an animal facility shares a
common patron entrance with such a separately owned or permitted business, or in
the event of both, the facility shall post the Animal Facility Grade Card(s) in
the initial patron contact area, or in a location as determined in the
discretion of the director.
C. The Animal Facility Grade Card shall not be
defaced, marred, camouflaged, hidden or removed. Except as provided in
subsection D of this section, it shall be unlawful to operate an animal facility
unless the Animal Facility Grade Card is displayed as required by this Section
10.28.280. A violation of this subsection C is a misdemeanor, and is punishable
as a misdemeanor under Penal Code Section 19.
D. The director may waive
posting of the Animal Facility Grade Card when the animal facility consists of
animals maintained solely as personal pets which are not used to breed, show,
sell, adopt or to transfer ownership or custody of the animals by any other
method. (Ord. 2004-0036 § 20, 2004.)
10.28.290 Consequences of failure to achieve minimum grade.
The department shall make recommendations as to licensing or legal action
to be taken when an animal facility does not earn a final score of at least
70%.
1. Licensing Consequences. Licensing consequences of an animal
facility’s failure to attain a final score of at least 70% include the
imposition of conditions, denial, revocation or non-renewal of the
license.
2. Other Consequences. Other consequences include referrals to
local prosecuting authorities for criminal prosecution under local ordinances or
state statutes. (Ord. 2004-0036 § 21, 2004.)
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