Lancaster, California

Chapter 6.08 – MANDATORY SPAY AND NEUTER PROGRAM

6.08.010 – Definitions.

B. As used in this chapter, the following words and phrases have the following meanings:

“Pit bull” includes any dog that is an American Pit Bull Terrier, American Staffordshire Terrier, Staffordshire Bull Terrier, or any dog that exhibits physical characteristics which predominantly conform to the standards established by the American Kennel Club (AKC), United Kennel Club (UKC), or American Dog Breeders Association (ADBA) for any of the above breeds.

“Rottweiler” includes any dog that exhibits physical characteristics which predominantly conform to the standards established by the American Kennel Club (AKC), United Kennel Club (UKC), or American Dog Breeders Association (ADBA) for that breed.

“Unaltered” means an animal which has not been spayed or neutered.

6.08.020 – Mandatory spaying, neutering of restricted dogs.

A. The following breeds of dogs are “restricted dogs,” and are subject to the mandatory spay, neutering, and unaltered dog license requirements of this chapter:

1. Pit Bulls, as defined in Section 6.08.010; and

2. Rottweilers, as defined in Section 6.08.010.

B. No person may own, keep, or harbor a restricted dog in violation of this section. An owner or custodian of an unaltered restricted dog must have the dog spayed or neutered or submit written proof to the department that one of the following exceptions applies:

1. The restricted dog is less than four months of age;

2. The restricted dog cannot be spayed or neutered without a high likelihood of suffering serious bodily harm or death, which has been confirmed in writing by a licensed veterinarian. If applicable, the writing must also state the date by which the dog may be safely spayed or neutered;

3. The owner or custodian has obtained a license for an unaltered restricted dog pursuant to Section 6.08.030;

4. The determination of the dog’s breed is under appeal pursuant to Section 6.08.020(D)(2);

5. The owner or custodian has owned or taken custody of the dog within the past thirty (30) days;

C. Determination of Breed and Appeal.

1. Determination. The department will make a breed determination upon request, or upon contact with, or impoundment of a dog believed to be an unaltered restricted dog. The determination shall be made by the director’s designee in accordance with the department’s breed determination checklist.

2. Appeal. The dog owner or custodian may appeal a breed determination by filing a written request for appeal with the department within ten days after notice of the determination is mailed to the owner or custodian. The determination of breed by the department’s designee is deemed final if a timely appeal is not received by the department. The hearing on the appeal shall be held within thirty (30) days after the department’s receipt of the request for appeal. The department shall mail written notification to the owner or custodian of the date, time, and place of the hearing, at least ten days prior to the hearing date. Failure of the owner or custodian or agent to appear at the hearing will result in forfeiture of the right to a hearing. The hearing shall be conducted by a hearing officer designated by the director.

The hearing will be informal and the rules of evidence will not be strictly observed. The determination of the hearing officer shall be the final administrative decision.

3. Notice of determination following hearing. The department shall mail written notification of the determination to the owner or custodian of the dog within ten (10) days after the hearing.

4. Confirmation of compliance with Section 6.08.020. The owner or custodian of an unaltered restricted dog shall comply with Section 6.08.020 within thirty (30) days after receipt of notice of determination that the unaltered dog is subject to Section 6.08.020, by submitting written documentation confirming compliance with that section. If the dog has been moved to another location before such written confirmation is required, the owner or custodian must provide the department with information as to the dog’s whereabouts, including current owner or custodian’s name, address, and telephone number.

6.08.030 – Unaltered restricted dog license—Requirements

An owner or custodian of an unaltered restricted dog must obtain an annual license for the dog, or otherwise show compliance with Section 6.08.020. The license shall be issued upon a finding by the director’s designee that all of the following conditions are met:

A. The owner or custodian has submitted the required application and has paid the fee required by Section 10.90.010 of the Los Angeles County Code;

B. The unaltered restricted dog will be maintained in accordance with the provisions of Los Angeles County Code Section 10.40.010, and with applicable state animal care and control laws. The department shall inspect the premises where the restricted dog will be kept prior to issuing the license;

C. The department has evaluated the dog and made a finding that the restricted dog is a suitable candidate for an unaltered restricted license. Factors to be considered in the evaluation include, but are not limited to, consideration of the dog’s lineage, age, temperament, and health. The restricted dog must be:

1. A trained hunting dog whose owner provides proof of the dog’s completion of an approved course of training as a hunting dog and a current valid hunting license;

2. A law enforcement dog whose owner provides proof of the dog’s completion of an approved course of training as a law enforcement dog;

3. A service dog, including but not limited to a seeing-eye dog, whose owner provides proof of the dogs completion of training as a service dog; or

4. A dog that meets all the following standards in order for an unaltered restricted dog license to be issued:

(a) The owner or custodian shall provide verification that the unaltered restricted dog is registered with the appropriate registry for the breed, including the American Kennel Club (AKC), United Kennel Club (UKC), or other valid registry, as determined by the department; and

(b) The owner or custodian of the restricted dog shall provide written confirmation that the following health screening tests have been conducted at the age recommended by the veterinary profession as to each test: Orthopedic Foundation for Animals (“OFA”) or University of Pennsylvania Hip Improvement Program (PennHIP) certification on hips; OFA certification on heart by a certified cardiologist; and a passing score on either the American Temperament Testing Society’s temperament test, the AKC’s Canine Good Citizen Test, or other temperament test approved by the department.

6.08.040 – Denial or revocation of unaltered restricted dog license—Grounds and re-application.

A.The department may deny or revoke an unaltered restricted dog license for one or more of the following reasons:

1. The applicant or licensee is not in compliance with all of the requirements of Section 6.08.030;

2. The department has received at least one complaint, under penalty of perjury, or otherwise verified to the satisfaction of the director, that the applicant or licensee has allowed a dog to run loose or escape, or has otherwise been found to be neglectful of his or her dog or other animals;

3. The applicant or licensee has been previously cited for a violation of any provision of Title 6 of the Lancaster Municipal Code;

4. The unaltered restricted dog has been adjudicated by a court or agency of appropriate jurisdiction, to be a potentially dangerous or vicious dog, or to be a nuisance within the meaning of the Lancaster Municipal Code or under state law;

5. Any unaltered restricted dog license held by the applicant has been revoked;

6. A female unaltered restricted dog has had more than one litter per year, or five or more litters in her lifetime;

7. The license application is discovered to contain a material misrepresentation of fact.

B. Re-application for unaltered restricted dog license:

1. When an unaltered restricted dog license is denied, the applicant may re-apply for a license upon a showing that the requirements of Section 6.08.020 have been met. The department shall refund one-half of the license fee when an application is denied. The applicant shall pay the full fee upon re-application.

2. When an unaltered restricted dog license is revoked, the owner or custodian of the dog may apply for a new license after a thirty-day waiting period upon a showing that the requirements of Section 6.08.030 have been met. No part of an unaltered dog license fee is refundable when a license is revoked.

6.08.050 – Appeal of denial or revocation of unaltered restricted dog license.

A. Request for hearing.

1. Notice of intent to deny or revoke. The department shall mail to the owner or custodian a written notice of its intent to deny or revoke the license for an unaltered restricted dog which includes the reason(s) for the denial or revocation. The owner or custodian may request a hearing to appeal the denial or revocation. The request must be made in writing within ten (10) days after the notice of indent to deny or revoke is mailed. Failure to submit a timely written hearing request shall be deemed a waiver of the right to appeal the license denial or revocation.

2. Hearing officer. The hearing shall be conducted by the director’s designee.

3. Notice and conduct of hearing. The department shall mail a written notice of the date, time, and place for the hearing not less than ten (10) days before the hearing date. The hearing date shall be no more than thirty (30) days after the department’s receipt of the request for a hearing. Failure of the owner or custodian or his or her agent to appear at the hearing will result in forfeiture of the right to a hearing. The hearing will be informal and the rules of evidence will not be strictly observed. The department shall mail a written decision to the owner or custodian within ten (10) days after the hearing. The decision of the hearing officer shall be the final administrative decision.

B. Change in location of dog. If the dog is moved after the department has issued a letter of intent to deny or revoke, but has not yet denied or revoked the license, the owner or custodian must provide the department with information as to the dog’s whereabouts, including the current owner or custodian’s name, address, and telephone number.

6.08.060 – Transfer, sale and breeding of unaltered restricted dogs.

A. An owner or custodian residing within the city or conducting a transaction within the city who offers any unaltered restricted dog for sale, trade, or adoption must include a valid unaltered restricted dog license number with the offer of sale, trade, or adoption, or otherwise state and establish compliance with Section 6.08.010. The license number must also be supplied as part of a written agreement for the transaction to the person acquiring the dog.

B. The owner or custodian of an unaltered restricted dog over the age of four months, which does not have the registration papers identified in Section 6.08.030(C)(1), must demonstrate compliance with Section 6.08.020 prior to the transfer, and must notify the department of the name and address of the transferee within ten (10) days after the transfer.

C. No person may breed a restricted dog which is less than two years of age.

D. Within thirty (30) days after a litter is born to a restricted female dog, the owner or custodian of the female dog shall advise the department in writing of the number of live puppies. When a puppy under the age of four months is sold or otherwise transferred to another person, the owner or custodian shall advise the department of the name, address and of the new owner or custodian, and the microchip number of the puppy, if applicable, within ten (10) days after the transfer.

6.08.070 – Penalties.

The penalties for violations of any provision of this chapter are as follows:

A. First violation. A first violation shall be an infraction punishable by a fine not to exceed $250. If the owner or custodian fails to correct the underlying cause of the violation within 30 days after being notified of the violation, it shall be deemed a second violation.

B. Second violation. A violation within a year of a first violation shall be deemed a second violation. A second violation is a misdemeanor punishable by imprisonment in the county jail for a period not to exceed six months or by a fine not to exceed $1,000, or by both such fine and imprisonment. Each subsequent violation within one year shall be considered an additional misdemeanor.

6.08.080 – Impoundment of unaltered restricted dog.

A. When an unaltered restricted dog is impounded, the owner or custodian may reclaim the unaltered restricted dog when one of the following occurs:

1. The dog is spayed or neutered by a department veterinarian at the expense of the owner or custodian. Such expense may include additional fees due to extraordinary care required.

2. The dog is spayed or neutered by another department approved veterinarian. The owner or custodian may arrange for another department approved veterinarian to spay or neuter the dog, and shall pay to the department the cost to deliver the dog to the chosen veterinarian. The cost to deliver the dog shall be based on the department’s hourly rate established by the auditor-controller, billed in minimum one hour increments. The veterinarian shall complete and return to the department within ten (10) days, a statement confirming that the dog has been spayed or neutered and shall release the dog to the owner or custodian only after the spay or neuter procedure is complete.

3. At the discretion of the director, the restricted dog may be released to the owner or custodian if he or she signs a statement under penalty of perjury, representing that the dog will be spayed or neutered and that he or she will submit a statement within ten (10) days, signed by the veterinarian, confirming that the dog has been spayed or neutered.

4. If the owner or custodian demonstrates compliance with Section 6.08.010.

5. During the pendency of any proceedings hereunder for the determination of breed.

B. Costs of impoundment.

1. The owner or custodian of the unaltered restricted dog shall be responsible for the costs of impoundment, including daily board costs if it is determined that the owner or custodian is in violation of Section 6.08.020.

2. The costs of impoundment shall be a lien on the dog, and the unaltered restricted dog shall not be returned to its owner or custodian until the costs are paid. If the owner or custodian of an impounded unaltered restricted dog does not pay the lien against the dog in full within fourteen days, the dog shall be deemed abandoned to the department.

6.08.090 – Allocation of fees and fines collected.

All costs and fines collected under this chapter and the fees collected shall be paid to the department for the purpose of defraying the cost of the implementation and enforcement of this chapter.