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RPVCCA_CC_SR_2011_11_15_E_Contract_Renewal_Animal_Control_ServicesCITY OF MEMORANDUM RANCHO PALOS VERDES TO: FROM: DATE: SUBJECT: REVIEWED: HONORABLE MAYOR &CITY COUNCIL MEMBERS JOEL ROJAS,COMMUNITY DEVELOPMENT~t? DIRECTOR NOVEMBER 15,2011 RENEWAL OF ANIMAL CONTROL SERVICES CONTRACT CAROLYN LEHR,CITY MANAGER cD- Project Manager:Gregory Pfost,AICP,Deputy Communi~y Development Direct(r~ RECOMMENDATION '0 Authorize execution of the 5-year renewal contract with the County of Los Angeles Department of Animal Care and Control for animal control services. DISCUSSION The current animal control service contract with the County of Los Angeles,which was approved by the City Council in May 2004,was set to expire on June 30,2009,but has been administratively extended by the County while City Staff was discussing possible additional contract services and costs with the County.More specifically,Staff,along with Staff from the cities of Rolling Hills Estates and Rolling Hills,analyzed the possibility of revising the contract with Los Angeles County to accommodate a full-time Animal Control Officer that would serve the three cities on a full-time basis to provide improved service.A proposal for the three cities was evaluated which would increase the hours serving the City of Rancho Palos Verdes from the current approximately 10 hours per week to 20 hours per week.It was estimated that that increase in service would have resulted in an estimated $43,000 increase in service cost to the City.While the City currently receives a credit to its service cost based upon revenue generated from licensing fees,with a proposed increase in service,Staff would expect to see some additional increase in revenue,however that would not be guaranteed.Due to the significant increase in costs for such a program to E-1 the City,Staff in all three cities did not feel it an economically viable option at this time. However,if the Council feels that it desires to increase service with an increase in cost, then upon receiving direction,Staff can continue negotiations with the County on options to increase said service.In the interim,this report is simply a renewal of the existing contract between the City and the County for existing services. Under the renewed services contract,the County would maintain the current level of service,which includes: •Field service,including enforcement of animal regulations and the removal of dead animals from public thoroughfares; •Shelter service,including adoptive services,euthanasia services,emergency medical care,impoundment of stray animals,spay/neuter referrals and other related s~rvices; •Animal licensing administration; •Dog license canvassing,as needed or requested; •Annual low-cost vaccination and dog licensing clinic at City Hall;and •Addressing barking dog complaints. The City has contracted with the County of Los Angeles Department of Animal Care and Control since 1999.The County's overall performance and level of service have been adequate and responsive.During FY201 0-2011,as a result of requests for service from residents and the City,animal control spent a total of 515 hours in the City responding to service calls.For comparative purposes,in FY1 0-11,Animal Control spent approximately 58 hours in the City of Rolling Hills and 178 hours in the City of Rolling Hills Estates. FISCAL IMPACT Animal control services are provided upon request from city officials and residents,so the City pays for County services performed instead of a blanket amount.Therefore,the total net expenditure varies from one fiscal year to the next.For example,the actual net cost (considering expenditures for services offset by revenue from licensing and penalty fees)in FY2010-2011 was $12,779 and the estimate for FY2011-2012 is approximately $12,979, which has been budgeted for in the City's FY11 /12 budget.Contract service rates over the years have risen,partially due to inflation,increasing employee health and workers compensation insurance and state mandated operational activities.Each fiscal year the County Auditor-Controller adjusts the various rates of service to reflect the cost of providing such service. ALTERNATIVES •Decline to approve the contract renewal.This would require the City to seek an alternate provider for animal control and shelter services,or for the City to create its own program with its own staffing.Staff has examined this issue and found that currently,there are no acceptable alternate service providers. E-2 •Adopt the attached Agreement,and if the Council feels that it desires to increase service with an increase in cost,then provide specific direction to Staff to continue negotiations with the County on options to increase said service. ATTACHMENT City-County Municipal Services Agreement E-3 CITY-COUNTY MUNICIPAL SERVICES AGREEMENT TABLE OF CONTENTS COUNTY OF LOS ANGELES DEPARTMENT OF ANIMAL CARE AND CONTROL AND CITY OF RANCHO PALOS VERDES PARAGRAPH RECITALS 1.0 2.0 TITLE CONTRACT AUTHORIZATION . ADMINISTRATION OF PERSONNEL... PAGE 2 2 2 3.0 4.0 5.0 6.0 7.0 8.0 9.0 10.0 SIGNATURES DEPLOYMENT OF PERSONNEL................................3 PERFORMANCE OF CONTRACT , ,'"4 INDEMNIFiCATION........................4 TERM OF CONTRACT......5 RIGHT OF TERMINATION...5 CONTRACT SUM...................................................5 PAYMENT PROCEDURES.......................................6 ENTIRE AGREEMENT '",'"6 ...................................................7 E-4 CITY-COUNTY MUNICIPAL SERVICES AGREEMENT COUNTY OF LOS ANGELES DEPARTMENT OF ANIMAL CARE AND CONTROL AND CITY OF RANCHO PALOS VERDES THIS AGREEMENT is made by and between the COUNTY OF LOS ANGELES, hereinafter referred to as County,and the CITY OF RANCHO PALOS VERDES, hereinafter referred to as City. RECITALS a.The City is desirous of contracting with the County for the performance of animal care and control functions described herein by the County. b."The County of Los Angeles is agreeable to rendering such services on the terms and conditions set forth in this Agreement. c.Such contracts are authorized and provided for by the provIsions of Section 56-1/2 and 56-3/4 of the Charter of the County of Los Angeles and Section 51300 et seq.of the Government Code of the State of California. 1.0 CONTRACT AUTHORIZATION 1.1 The County agrees,through the County Department of Animal Care and Control,to provide general animal care and control services withtn the corporate limits of the City to the extent and in the manner hereinafter set forth. 1.2 Except as otherwise specifically set forth in this Agreement,such services shall only encompass duties and functions of the type coming within the jurisdiction of and customarily rendered by the County under the Charter of the County and the Statutes of the State of California and under the municipal codes of the City.The County will provide services in accordance with the provisions of Title 10 -Animals of the Los Angeles County Code,and all amendments,except as otherwise agreed to by the parties in the attached Service Level Request. 2.0 ADMINISTRATION OF PERSONNEL 2.1 The rendition of the services performed by the County,the standards of performance,the discipline of officers and staff,and the matters incident to the performance of such services and the control of personnel so employed shall remain with the County. 2.2 In the event of a dispute between the parties to this contract as to the extent of the duties and functions to be rendered hereunder,or the minimum level or manner of performance of such service,the City shall be Page 2 of 7 E-5 consulted and a mutual determination thereof shall be made by both the County and the City. 2.3 With regard to Sections 2.1 and 2.2,the County,in an unresolved dispute, shall have final and conclusive determination as between the parties hereto. 2,4 Air City employees who work in conjunction with the County's Department of Animal Care and Control pursuant to this Agreement shall remain employees of the City and shall not have any claim or right to employment,civil service protection,salary,or benefits or claims of any kind from the County based on this Agreement.No City employee as such shall become employees of the County unless by specific additional agreement in the form of a merger contract which must be concurrently adopted by the City and County. 2.5 For the purpose of performing services and functions,pursuant to this Agreement and only for the purpose of giving official status to the performance thereof,every County officer and/or employee engaged in performing any such service and function shall be deemed to be a contracted officer or employee of the City while performing such service for the City,as long as the service is within the scope of this Agreement and in a municipal function. 2.6 The contracting City shall not be called upon to assume any liability for the direct payment of any County Department of Animal Care and Control salaries,wages,or other compensation to any County personnel performing services hereunder'for said City.Except as herein otherwise specified,the City shall not be liable for compensation or indemnity to any County employee or agent of the County for injury or sickness arising out of his/her employment as a contract employee of the City. 2.?As part of its compliance with all applicable laws and regulations relating to employee hiring,the County agrees that the County Civil Services Rules to which it is subject and which prohibit discrimination on the basis of non-merit factors,shall for purposes of this contract be read and understood to prohibit discrimination. 3.0 DEPLOYMENT OF PERSONNEL 3.1 Services performed hereunder and specifically requested by the City shall be developed in conjunction with the County Department of Animal Care and Control. 3.2 The City agrees to complete a Service Level Request form annually (Attachment A)and the level of service to be provided and contract sum shall be signed and authorized by the City and the County Department of Animal Care and Control or his/her designee and shall be attached to this contract as an amendment. Page 3 of? E-6 3.3 The City may request a change in level of service and complete an additional Service Level Request form and submit such form to the County Department of Animal Care and Control.The revised level of service to be provided and contract sum shall be signed and authorized by the City and the County Department Animal Care and Control or his/her designee arid attached to this contract as an amendment to the level of service and the contract sum. 3.4 The City is not limited to the foregoing services indicated,but may also request any other services in the field of public safety,animal welfare,or related fields within the legal power of the Director of Animal Care and Control to provide. 4.0 PERFORMANCE OF CONTRACT 4.1 For the purpose of performing said functions,County shall furnish and supply all necessary labor,supervision,equipment,communication facilities,and supplies necessary to maintain the agreed level of service to be rendered hereunder. 4.2 NotWithstanding the foregoing,the City may provide additional resources for the County to utilize in performance of the services. 4.3 NotWithstanding the foregoing,it is mutually agreed that in all instances where special supplies,stationery,notices,forms,and the like must be issued in the name of said City,the same shall be supplied by the City at its own cost and expense. 5.0 INDEMNIFICATION 5.1 The parties hereto have executed an Assumption of Liability Agreement approved by the Board of Supervisors on December 27,1977,and/or a Joint Indemnity Agreement approved by the Board of Supervisors on October 8,1991,and/or a revised Joint Indemnity Agreement approved by the Board of Supervisors on August 9,1993.Whichever of these documents the City has signed later in time is currently in effect and hereby made a part of and incorporated into this Agreement as if set out in full herein. 5.2 In the event the Board of Supervisors later approves a revised Joint Indemnity Agreement and the City executes the revised agreement,the subsequent agreement as of its effective date shall supersede the Joint Indemnity Agreement previously in effect between the parties hereto. Page 4 of 7 E-7 6.0 TERM OF CONTRACT 6.1 Unless sooner terminated as provided for herein,this Agreement shall be effective ,2011,and shall remain in effect until June 30, 2014. 6.2 At the option of the Board of Supervisors and with the consent of the City Council,this Agreement may be renewable for successive periods not to exceed five years each. 7.0 RIGHT OF TERMINATION 7.1 Either party may terminate this Agreement as of the first day of july of any year upon notice in writing to the other party of not less than 60 days prior thereto. 7.2 NotWithstanding any proVIsion herein to the contrary,the City may terminate this Agreement upon notice in writing to the County given within 60 days of receipt of hereunder,and in such an event this Agreement shall terminate 60 calendar days from the date of the City's notice to the County. 7.3 This Agreement may be terminated at anytime,with or without cause,by either party upon written notice given to the other party at least 180 days before the date specified for su.ch termination. 7.4 In the event of a termination,each party shall fUlly discharge all obligations owed to the other party accruing prior to the date of such termination,and each party shall be released from all obligations which would otherwise accrue subsequent to the date of termination. 8.0 CONTRACT SUM 8.1 The City shall pay for the services provided under the terms of this service agreement at the rate established by the County's Department of Animal Care and Control and approved by the Auditor-Controller. 8.2 The rates indicated in the Service Level Request form shall be readjusted by the County annually effective the first day of July each year to reflect the cost of such service in accordance with the policies and procedures for the determination of such rate as adopted by the County Board of Supervisors. 8.3 The City shall be billed based on the service level provided within the parameters of the Service Level Request form. Page 5 of 7 E-8 8.4 The cost of other services requested pursuant to this Agreement and not set forth in the Service Level Request form shall be determined by the County's Department of Animal Care and Control and in accordance with the policies and procedures established by the County Board of Supervisors. 9.0 PAYMENT PROCEDURES 9.1 The County,through the County of Los Angeles Department of Animal Care and Control,shall render to said City within ten (10)days after the close of each calendar month a summarized invoice which covers all services performed during said month,and said City shall pay County for all undisputed amounts within 30 days after date of said invoice. 9.2 If such payment is not delivered to the County office which is described on said invoice within 60 days after the date of the invoice, the County is entitled to recover interest thereon.For all disputed amounts,the City shall provide County with written notice of the dispute including the invoice date,amount,and reasons for dispute within 15 days after receipt of the invoice.The parties shall memorialize the resolution of the dispute in writing.For any disputed amounts,interest shall accrue if payment is not received within 60 days after the dispute resolution is memorialized. 9.3 Interest shall be calculated at the rate of seven percent (7%)annually or any portion thereof,calculated from the last day of the month in which the services were performed,or in the case of disputed amounts,calculated from the date the resolution is memorialized. 9.4 NotWithstanding the provisions of Government Code Section 907,if such payment is not delivered to the County office which is described on said invoice within 60 days after the date of the invoice,or in the case of disputed amounts,from the date the resolution is memorialized,the County may satisfy such indebtedness,including interest thereon,from any funds of the City on deposit with the County without giving further notice to City of County's intention to do so. 10.0 ENTIRE AGREEMENT 10.1 This Agreement and Attachment A hereto,constitute the complete and exclusive statements of the parties which supersedes all previous agreements,written or oral,and all communications between the parties relating to the SUbject matter hereof.All changes or amendments to this Agreement must be in writing and mutually executed by authorized personnel on behalf of the City and the County.The Director of Animal Care and Control or his/her designee is authorized by the County to execute supplemental agreements. Page 6of7 E-9 CITY-COUNTY MUNICIPAL SERVICES AGREEMENT COUNTY OF LOS ANGELES DEPARTMeNT OF ANIMAL CARE AND CONTROL AND CITY OF RANCHO PALOS VERDES IN WITNESS WHEREOF,the County of Los Angeles Board of Supervisors has caused this Agreement to be subscribed by its Chair and the City has caused this Agreement to be subscribed on its behalf by its authorized officer. COUNTY OF LOS ANGELES By-M-A-R-C--IA-M-A-Y-=E--D-A------- Director,Animal Care and Control CITY OF RANCHO PALOS VERDES By _ City of Rancho Palos Verdes, City Manager ATTEST: By-:-:-___.--------_ City Clerk Date By --=-__ City Attorney Date APPROVED AS TO FORM: ANDREA ORDIN County Counsel By _ Principal Deputy County Counsel Page?of? E-10 Attachment A CITY-COUNTY MUNICIPAL SERVICES AGREEMENT COUNTY OF LOS ANGELES DEPARTMENT OF ANIMAL CARE AND CONTROL AND CITY OF RANCHO PALOS VERDES FY 2011-12 SERVICE LEVEL REQUEST Part One:Billing Rates for the period July 1,2011 through June 30,2012 Kennel Services -dog and cat per day Kennel Services -other animals per day Kennel Services -observation per day Field Services per hour Dog license processing per license Dead animal disposal per animal Animal License Field Enforcement Canvassing per hour Liability Trust Fund (applied to Field Services and Animal License Field Enforcement Canvassing hourly amounts only) City of Rancho Palos Verdes $16.77 $7.87 $20.12 $79.24 $2.30 $10.59 $60.20 4% Page 1 of 6 E-11 Part Two:Annual/Amended Service Request Approval CAROLYN LEHR Authorized Representative (Printed Name) CITY MANAGER Title Part Three:Annual Service Level Field Services Authorized Signature (Signature) eHO)544-5207 Telephone Number Date ~Standard Service Plan -Includes answering calls for service (24 hours per day, daily);dispatching or assigning field staff;and performance of duties in the field based on priority,location,and availability of staff.The following classification(s) of calls should not be assigned to field or shelter staff and will not be the responsibility of the Department: o Limited Standard Service Plan: o Daily between the hours of __(a.m.lp.m.)and __(a.m.lp.m.) o Weekend days and holidays o Emergencies o Field Service Packages -Field staff shall be dedicated to servIcing calls, patrolling,transporting animals,or other specified activity for the requested amount of time.Service time will be reported monthly.Compliance shall be achieved through actual total hours within 98 percent and 102 percent of target total hours.Please confirm availability of this level of service prior to submitting this Service Level Request. o 40 Hour o 56 Hour o 70 Hour o City of Rancho Palos Verdes 2,080 hours annually 2,912 hours annually 3,640 hours annually Page 2 of 6 E-12 Shelter Services ~Full Service -All animals acquired in the field,within the boundaries of the city or determined to have originated within the boundaries of the city,may be impounded at a County shelter.Impounded animals will be vaccinated and provided medical care,food,and shelter.The animal's picture will generally be posted on the Department's Website to assist residents in reclaiming a lost or missing pet.Residents may also visit the associated shelter to find their lost or missing pet.The hours of operation of each shelter are scheduled at the discretion of the Department.See Part One for the associated shelter services billing rates.Primary Shelter*:CARSON SHELTER o Sheltering for Transfer -Full Service,as described above,except a designated eity staff member with a vehicle deemed humane for transportation of animals will acquire the animals from the shelter,appropriately update the Department's animal care database,and transport the animals to the shelter of the city's choice.The city will be responsible for the subsequent costs of care and hOUSing.See Part One for the associated shelter services billing rates for any costs incurred prior to transfer. o No Sheltering Services *The Department shall take reasonable action to shelter all animals at this location. There may be circumstances in which the Department must shelter animals at an alternate location.In general,such sheltering shall be temporary and animals shall subsequently be transferred to the primary shelter. Outreach and Enforcement Services Licensing ;Standard Licensing Services -License renewal notices are mailed or transmitted to the animal owner of record,the renewal and payment is received and processed annually on a fee per license basis.Licenses will be required before an animal will be released to a resident of a City participating in the Standard Licensing Services program.Fees from licenses collected will be credited to the city monthly in arrears.Your jurisdiction must adopt either the County's Title 10 animal license fees or separate license fees unique to your city and prOVide the approved fee schedule and a copy of the adopted resolution to the Department. o No Animal Licensing Services City of Rancho Palos Verdes Page 3 of 6 E-13 Canvassing (Animal License Field Enforcement) o License Canvassing Services -Provides for dedicated staff to perform license enforcement activities (issuing new licenses,license renewals,collecting delinquency charges and other fees)in the field.To participate in Canvassing Services your jurisdiction must adopt either the County's Title 10 delinquency charge and applicable enforcement fees .Q!separate delinquency charges and enforcement fees unique to your jurisdiction and provide the approved delinquency charge/fee schedule and a copy of the adopted resolution to the Department. o Annual Citywide -Authorization for unlimited canvassing for expired licenses or failure to have required licenses. o Annual Targeted -Department staff shall canvass targeted areas of the city based on criteria agreed upon by the City and Department. o Canvassing Service Packages -Department staff shall canvass targeted areas of the city based on criteria agreed upon by the City with defined service levels.Please confirm availability of this level of service prior to sUbmitting this Service Level Request.The initial defined service level request is __hours. Note:Canvassing charges apply to Vaccination Clinics conducted within your jurisdiction. Xl.No Canvassing Services Business Licensing Ir Business Licensing ~Licensing and Inspection/Grading Services o Inspection Services ONLY o No Business Licensing Clinics :JI Vaccination Clinic(s)will be requested to be conducted within your jurisdiction o No Vaccination Clinics Other Services o Humane Investigations and Prosecution -As needed o Emergency Services -As needed City of Rancho Palos Verdes Page 4 of 6 E-14 Records Upon reasonable notice,the Department shall make available to City of Rancho Palos Verdes authorized representatives for examination,audit,excerpt,copy,or transcription any pertinent transaction,activity,or other record relating to this Agreement.The City of Rancho Palos Verdes shall ensure such records are handled in a manner consistent with all applicable privacy laws and any other laws related to public records. Part Four:Contact Information II Primary Contact o Name: o Address: GREGORY PFOST,DEPUTY COMMUNITY DEVELOPMENT DIRECTOR :30940 HAWTHORNE BLVD. RANCHO PALOS VERDES,CA 90275 o Telephone:(310 )..;;.5.....4.....4-.....5;;....2.....2...;;.8 _ o Alt.Telephone:(__)_ o E-mail:gregp@rpv.com o Alternate Contact o Name: o Address: o Telephone:~)_ o Alt.Telephone:(__)_ o E-mail: Part Five:License Information (required if the Department manages City licensing) Xl City has adopted the license fees outlined in Title 10 of the Los Angeles County Code Altered Dog $20.00 Altered Cat $5.00 Unaltered Dog $60.00 Unaltered Cat $10.00 Senior*Dog $7.50 *Senior age is defined as ~years. Delinquency Charge $Equal to Amount of License Delinquency Charge applies after:10 days Field Enforcement Fee $40.00 (licensing initiated in the field) City of Rancho Palos Verdes Page 5 of 6 E-15 o City has adopted the following license fees: Altered Dog $Altered Cat $ _ Unaltered Dog $Unaltered Cat $ _ Senior*Dog $Senior*Cat $ _ $$--- *Senior age is defined as __years. Delinquency Charge "",$__ Delinquency Charge applies after:_days. Field Enforcement Fee $(licensing initiated in the field) Current license fees adopted by the City on ,20__ Please attach a copy of the enacting license ordinance. Part Six:Animal Regulations/Enforcement (reguired if the Department performs field services) [J:City has adopted all portions of Title 10 on __JOL_Y_2_9 ,20_0_8 _ o City adopted Title 10 with the exception of the following: [l City adopted the following provisions specific to its jurisdiction: AMENDED TITLE 10 AS SHOWN ATTACHED. City of Rancho Palos Verdes Page 6 of 6 E-16 6.04.020 GENERAL PROVISIONS Chapter 6.04 Section 10.08.230.Unlicensed dog."Unlicenseddog means any dog for which the license for the current year has not been paid,or to which the tag for the current year,provided for in this Division I,is not attached A.Notwithstanding the provisions of Section 6.04.010,the Animal Control Ordinance is amended by amending Sections 10.08.230,10.12.075,10.12.180, 10.12.190,10.20.010,10.20.011,10.20.020,10.20.030, 10.20.040 10.20.050,10.20.060,10.20.070,10.20.110, 10.20.130, 10.20.140,10.20.150,10.20.160,10.20.170, 1O.20.180,1O.20.190,1O.20.200,10.20.21O,1O.84.01Oand 10.84.020 to read as follows: Section 10.12.075.Incentive programs.The direc- tor,at his or her discretion,may otTer incentive programs to encourage compliance with the dog licensing requirements. Section 10.12.180.Unlicensed dogs or unvaccinated dogs or cats -Right of entry for enforcement.For the purpose of discharging the duties imposed upon him by this Division I,the director,in order to enforce the provisions hereof to take and impound any unlicensed dog or unvaccinated dog or cat,may enter any real property upon which any dog or cat is kept or harbored or upon which he has reason to believe any dog or cat is kept or harbored and de- mand the exhibition by the person owning or having charge or control of any such dog or cat,the re- quired rabies vaccination certificate,and/or the li- cense or license tag for such dog for the current year provided for by this Division 1.This section does not permit any person to enter any private dwelling, except where necessary to rescue an animal. 10.12.190.Refusing to show license or certificate unlawful.Any person upon whom any demand is made under authority of this Division 1 for the exhibition of any dog or cat rabies vaccination cer- tificate,or any dog license or tag,who fails or refuses to exhibit the same if he has it in his position,is guilty of a violation of this Division I,which shall be punishable as herein provided. 10.20.010.License tags -Issuance -Fee.Pursuant to Chapter 3 (commencing with Section 30801)of Division 14 and 14.5 of the Food and Agricultural Code,the director shall issue serially numbered per- manent dog license tags marked with the name of the county of Los Angeles. 10.20.011.License -Issuance by veterinarians and other qualified persons in the City of Rancho Palos Verdes -Conditions.The director may authorize the issuance of dog licenses,as required by Section 10.20.010,by persons practicing veterinary medi- cine in the City of Rancho Palos Verdes,or other persons approved by the director who meet the qual- ifications established by the department.Said per- sons shall transmit records and negotiable papers to County animal control ordinance adoption. Animal control ordinance amended. Violations-Penalty. Number of dogs and cats allowed. Animals prohibited on beaches. Disturbing the peace prohibited. Interference with the trapping and relocation of peafowl-Prohibited.. Animal control ordinance amended. 6.04.0tO 6.04.020 6.04.030 6.04.040 6.04.050 6.04.060 6.04.070 Sections: 6.04.010'County animal control ordinance adoption. Except as hereinafter provided,Title 10,Animals,of the Los Angeles County Code,as amended and in etTect on July 29,2008,is hereby adopted by reference as the Animal Control Ordinance of the city of Rancho Palos Verdes and may be cited as such. A copy of Title 10,Animals,of the Los Angeles County Code,as amended and in etTect on July 29, 2008,has been deposited in the office of the city clerk of the city of Rancho Palos Verdes and shall at all times be maintained by the city clerk for use and examination by the public.(Ord.479 §1,2008:Ord.411 §1,2004:Ord. 365 §1,2001:Ord.337 §I (part),1998:Ord.88 §I (part),1977) (Ord.No.488,§1,6-2-09) 6.04.020 81 (Rancho Palos Verdes 1-10) E-17 6.04.020 the department of animal care and control at inter- vals as established by the director,and shall collect and transmit to the director the fee required by this chapter for the issuance of such licenses.The direc- tor may reimburse these businesses for such fees. 10.20.020.Person deemed custodian when.Any person keeping or harboring any dog for 15 consec- utive days shall be deemed to be the custodian thereof and subject to licensing provisions within the mean- ing of this Division 1. 10.20.030.License -Required -Costs.Every person owning or having custody or control of any dog over the age of f01.).r months in the City of Rancho Palos Verdes shall obtain a license from the director for each of such dogs and shall pay the fees for such licenses as set forth in Section 10.90.010. 10.20.040.Kennel dogs -Individual license re- quired when.An individual dog license shall be .obtained for each dog in addition to a kennel license, when such dog is not kept exclusively in a kennel run or cage.No individual license shall be required for any dog in transit,or when attending a dog show in the care of a kennel representative. 10.20.050.Exceptions from licensing requirement. A.The provisions of this Division I do not require either a tag or a license for: I.Any dog found within the City of Rancho Palos Verdes when the owner thereof resides in any munic- ipality or unincorporated territory within the county, and such dog is wearing or has attached to it a license tag for the current year issued by such munic- ipality or county. 2.Any dog owned by or in the charge of any person who is a nonresident of the City of Rancho Palos Verdes and is traveling through the City or temporarily sojourning therein for a period of not exceeding 30 days; 3.Any dog brought into the City of Rancho Palos Verdes and kept therein for not to exceed 30 days for (Rancho Palos Verdes 1-10)82 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 Rancho Palos Verdes 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 munici- pality within the county or by the county when the owner thereof has,within one year last past,moved his principal place of residence from such munici- pality or unincorporated territory of the county to the City of Rancho Palos Verdes;provided,that such municipality or county similarly exempts from tag and license requirements dogs wearing current City license tags and owned by persons who have moved from the City of Rancho Palos Verdes to such municipality or unincorporated territory of the county. B.Except,that each guard dog found within the City of Rancho Palos Verdes,regardless of where .'the owner may reside,must have a dog license issued by the County;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. 10.20.060.Unvaccinated dogs -Licensing permit- ted when.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 I on condition that the owner of such dog within five days thereafter,have such dog vaccinated and sub- mit the required veterinarian's certificate to the di- rector.Upon receipt of such certificate,the director shall issue the license tag and license. 10.20.070.Unvaccinated dogs -Time limit for vac- cination when dog is disabled.A person who obtains a license without submitting a certificate of vaccina- tion 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 vacci- nated as required by Part 2 of this chapter. E-18 10.20.110.License tag -Fee for spayed or neutered animals.Pursuant to Section 30804.5 of the Food and Agriculture Code,any dog license tag issued pursuant to Section 10.20.030 of this Part I shall be issued for one-half or less of the fee required if a certificate is presented from a licensed veterinarian that the dog has been spayed or neutered. 10.20.130.Record keeping and procurement of tags and receipts.The director shall procure the number of license receipts and dog license tags needed each year,and shall keep a register wherein shall be en- tered the name and address of each person to whom any dog license tag is issued,the number of such tag, the date of issuance thereof and a description of the dog for ~hich issued. 10.20.140.License -Vaccination requirements and conditions.The director shall not issue a dog li- cense unless the applicant exhibits a certificate signed by a veterinarian,licensed either by the state of California or by any other state to practice veteri- nary medicine,that: A.The period elapsing from the date of vaccina- tion with approved rabies vaccine to the date of expiration of the license being issued does not ex-.. ceed 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. 10.20.150.License -Information to be shown on receipt.When the director issues a dog license,he shall show on the receipt the age of the dog,the date of last vaccination,and,if the license was issued without proof of vaccination,the reason therefor. 10.20.160.License and License tag -Transfer per- mitted when -Fee.If,during a license period,a dog is sold or title to the dog is otherwise transferred to a new owner,such new owner may apply to the direc- tor for a transfer of such dog's tag and license and 83 6.04.020 pay a transfer fee as specified under ChaptedO.90. Upon receipt of S"~~application and fee,the direc- tor shall record the name and address of the new owner. 10.20.170.Replacement of lost tags.In case any license tag for an individual dog is lost or destroyed, a duplicate thereof may be procured from the direc- tor upon the submission to the director of such proof as he or she may require and upon the pay- ment therefor as specified under Chapter 10.90. 10.20.180.Tag to be worn by dog.A license tag for an individual dog shall be securely affixed to a collar, harness or other device which shall at all times be worn by such dog,except while such dog remains indoors or in any enclosed yard or pen. 10.20.190.Keeping unlicensed dogs prohibited.A person shall not harbor or keep,or cause or permit to be harbored or kept,any unlicensed dog in the City of Rancho Palos Verdes. 10.20.200.Counterfeit or imitation tags prohib- ited.A person shall not attach to or keep upon any dog,or cause or permit to be attached to or kept upon any dog,any tag provided for in Section 10.20.0 I0 of this chapter except a tag issue<:i for such dog under the provisions of this chapter,or attach or keep upon or cause or permit to be attached to or kept upon any dog,or make or cause or permit to be made or have in possession,any counterfeit or imi- tation of any tag provided for in this chapter. 10.20.210.Removing tag from collar prohibited. An unauthorized person shall not remove from any dog any collar or harness or other device to which is attached a license tag,or remove such tag or other identification therefrom. B.Notwithstanding the provisions of Section 6.04.010,the Animal Control Ordinance is further amended by amending the first paragraph of Schedule VI 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 (Rancho Palos Verdes 8-09) E-19 6.04.020 guide dogs or Seeing-eye dogs,for signal dogs trained to assist the hearing impaired,for service dogs trained to perform tasks to assist the physically handi- capped,upon payment of the following fees:" 10.84.010 Providing food for certain animals-- prohibited.Except as otherwise provided for in Sec- tion 10.84.020,no person shall feed or in any man- ner provide food to any peafowl,crow,pigeon,seagull, nondomesticated rodent,including tree squirrels or ground squirrels,or to a nondomesticated mamma- lian predator,including coyotes,foxes,opossums, skunks and raccoons. 10.84.020 Feeding animals permitted-when.A per- son may fee.d or provide food to the animals speci- fied in Section 10.84.010 in the'following circum- stances: A.When the person is the owner of such animal, and such animal is kept under a valid certificate or permit issued by the State of California Department of Fish and Game; B.When the person feeds or provides food to a trapped,injured.or unweaned animal between the time when the agency in charge of animal control or its designated agent is notified and is picked up by said agency. (Ord.479 §2,2008:Ord.411 §2,2004:Ord.365 §2, 2001:Ord.337 §1 (part),1998:Ord.88 § 1 (part),1997) (Ord.No.488,§2,6-2-09) 6.04.030 Violations-Penalty. A.Unless a different penalty is provided for in this chapter,any person violating any provision of the Animal Control Ordinance is guilty of an infraction that is punishable by: 1.A fine not exceeding one hundred dol- lars for a first violation; 2.A fine not exceeding two hundred dol- lars for a second violation of the same provision within twelve calendar months;and 3.A fine not exceeding five hundred dollars for each additional violation of the same provision within twelve calendar months. B.Any person violating any of the following sec- tions,or violating any of the Chapters or provisions (Rancho Palos Verdes 8·09)84 referenced in the following sections,is guilty of a mis- demeanor that is punishable as provided for in Section 1.08.010 of Chapter 1.08 of this Code: Section 10.12.190 Section 10.12.200 Section 10.20.280 Section 10.20.310 Section 10.28.060 Section 1O.28.280(C) Section 10.32.020 Section 10.32.070 Section 10.32.080 Section 10.37.030 Section 1O.37.050(C) Section 1O.37.060(F) Section 10.40.010 Section 10.40.040 Section 10.86.010 (Ord.479 §3,2008:Ord.411 §3,2004:Ord.365 §3, 2001:Ord.337 § 1 (part),1998:Ord.88 § 1 (part),1997) (Ord.No.488,§3,6-2-09) 6.04.040 Number of dogs and cats allowed. No person shall be permitted to keep in excess of three dogs and three cats on any residential lot within :the city.(Ord.337 §2 (part),1998:Ord.88 §1 (part), 1977) 6.04.050 Animals prohibited on beaches. No person shall bring onto a beach or into the waters of the Pacific Ocean adjacent to any beach any cattle,horse,mule,goat,sheep,swine,dog,cat or other animal of any kind.(Ord.337 §3 (part),1998:Ord.98 § 1 (part),1978) 6.04.060 Disturbing the peace prohibited. A.No person shall permit any animal that is kept or maintained upon premises owned,occupied,or con- trolled by such person to emit any persistent sound,cry, or other noise which disturbs the peace,quiet,and comfort of any residential neighborhood. B.For the purpose of this section,"persistent sound,cry,or other noise"means any sound,cry,or other noise which is of such a magnitude as to be obnoxious to a person of reasonable sensitivities.(Ord. 337 §3 (part),1998:Ord.98 §1 (part),1978) E-20 6.08.020 CATS Chapter 6.08 6.08.010 Registration-Bystem. The director is authorized to establish a voluntary cat registration system as follows: A.Upon payment of the fee prescribed in this section,the director shall issue an identification tag to each cat owner or person having custody or control thereof for each cat,said tag to be worn at all times by the cat for which issued.Should a cat come into the custody of the director and the cat has attached a valid identification tag issued by the director,then the direc- tor shall within eighteen working hours from the time of impounding notify the registered cat owner that the cat is in the custody of the director. B.A record of the name and address of the cat owner and a description of the cat,as well as the identification number assigned thereto,shall be main- tained by the director on each cat registration and such other information that the director may deem proper. C.The fees for registration of cats shall be the fees which are established by Los Angeles County Code Section 10.90.010(B). D.From the effective date of this section, any cat shall be deemed to be stray if found at largo,off the property of the owner.The director shall hold such cat for no less than the minimum time prescribed by law.Each such cat may be impounded,held and dis- posed of in the manner as provided under Section 6.04.020. E.An unauthorized person shall not re- move from any cat any collar or harness or other device to which is attached any identification tag issued by the director hereunder or remove such tag therefrom.(Ord. 337 §5 (part),1998:Ord.88 §I (part),1977) 6.04.070 Interference with the trapping and relocation of peafowl-Prohibited. No person shall prevent or interfere with the trap- ping or relocation of peafowl,either on public or pri- vate property,by releasing any captured peafowl or by damaging,disabling or disengaging any peafowl trap or enclosure. (Ord.No.488,§4,6-2-09) Sections: 6.08.010 6.08.020 Registration-Bystem. Registration-Voluntary. 85 6.08.020 Registration-Voluntary. This chapter is of a voluntary nature and does not require a cat owner to purchase a tag as provided in this chapter.(Ord.337 §5 (part),1998:Ord.88 §I (part), 1977) (The next page is 95] (Rancho Palos Verdes 8-09) E-21