Subject to the particular additions, deletions and amendments
hereinafter set forth in this chapter, the rules, regulations and
conditions of the Codified Ordinances of the County of Orange as contained
in:
(a)
Division
1 (Animal Control, Welfare and License Requirements) of Title 4 (Health
Sanitation and Animal Regulations);
(b)
Article 1 (Definitions) of Division 1 (General) of Title 5 (Business and Special Licenses, Regulations);
(c)
Sections 5-1-29 (Licenses or Permits Required) and 5-1-30 (Multiple Businesses) of Article 2 (Licenses or Permits Required) of Division 1 (General) of Title 5 (Business and Special Licenses, Regulations);
(d)
Article 3 (Business Regulations) of Division 1 (General) of Title 5 (Business and Special Licenses, Regulations);
(e)
Division
2 (General License and Permit Requirements and Procedure) of Title
5 (Business and Special Licenses, Regulations); and
(f)
Article 17 (Animal Facilities) of Division 3 (Specific Additional License or Permit Requirements and Business Regulations) of Title 5 (Business and Special Licenses, Regulations).
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As may be amended from time to time by the board of supervisors
of the County of Orange, California, as well as such other regulations
adopted by the board of supervisors concerning animal control, including
those which relate to fees, are adopted by reference under the authority
of Sections 50022.1 through 50022.9 of the Government Code of the
State of California and made a part hereof as though fully set forth
herein as part of the Cypress Municipal Code and the same are hereby
established and adopted as the rules, regulations, provisions and
conditions to be observed and followed to govern animal control, welfare
and license requirements in the City of Cypress. One full copy of
the above-specified provisions of the Codified Ordinances of the County
of Orange, certified to be a true copy by the city clerk of the City
of Cypress, is to be kept on file at the office of the city clerk
of the City of Cypress for public inspection.
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(Ord. No. 469, §§ 2,
3, 11-8-71; Ord. No. 585, § 1, 9-27-76; Ord. 1186, § 2, 8-24-20)
(b)
Any person who violates any provision of Sections 4-1-48, 4-1-51, or 4-1-95 of Division 1 of Title 4 or any provision of Title 5 of the Codified Ordinances of Orange County adopted hereby is guilty of a misdemeanor. Moreover, any person who violates any other provisions of Division 1 of Title 4 the Codified Ordinances of Orange County and the violation occurs within one year of the occurrence of two other separate violations of this division by that person is guilty of a misdemeanor. Each day on which a violation occurs or continues shall constitute a separate offense.
(c)
Any license required by Article 4, Division 1 of Title 4 of the Codified Ordinances of the County of Orange not purchased or renewed within 15 days after expiration, or the date on which they come due, shall be considered delinquent and a late fee as determined by resolution of the Board of Supervisors shall be added to the cost of the new license. The Director may waive the above late fee if the Director determines the applicant made a reasonable effort to comply with the above deadline.
(d)
Any person convicted of a misdemeanor for a violation of any of the provisions of this Chapter 3 shall, unless otherwise specifically provided in this Chapter 3 or by statute, be punishable by a fine of not more than $1,000 or by imprisonment in the County Jail for a period of not more than six months or by both such fine and imprisonment.
(e)
Any person convicted of an infraction for a violation of any of the provisions of this Chapter 3 shall, unless otherwise specifically provided in this Chapter 3 or by statute, be punishable by: (1) a fine not exceeding $100 for a first violation; (2) a fine not exceeding $200 for a second violation of the same Code provision within a period of one year; (3) a fine not exceeding $500 for each additional violation of this Chapter 3 within one year.
(f)
An infraction
is not punishable by imprisonment. A person charged with an infraction
shall not be entitled to a trial by jury. A person charged with an
infraction shall not be entitled to have the public defender or other
counsel appointed at public expense to represent him or her unless
he or she is arrested and not released on his or her written promise
to appear, his or her own recognizance or a deposit of bail.
(g)
Except
as otherwise provided by law, all provisions of law relating to misdemeanors
shall apply to infractions including, but not limited to, powers of
peace officers, jurisdiction of courts, periods for commencing action
and for bringing a case to trial and burden of proof.
(h)
Barking dog and animal nuisance civil fines. Fines for violating the provisions of Subarticle 2 of Article 2 of Division 1 of Title 4 of the Codified Ordinances of Orange County shall be as follows:
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(1)
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Fine for first offense (per citation)
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$250.00
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(2)
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Fine for second offense within same 12 month period (per citation)
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$275.00
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(3)
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Fine for third offense within same 12 month period (per citation)
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$303.00
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(4)
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Fine for fourth offense within same 12 month period (per citation)
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$333.00
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(5)
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Fine for fifth offense within same 12 month period (per citation)
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$366.00
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(6)
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Fine for sixth and subsequent offense within same 12 month period
(per citation)
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$403.00
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In the event that a fine imposed under the authority granted by said Subarticle 2 of Article 2 of Division 1 of Title 4 remains unpaid for 30 days after it is due and payable pursuant to Section 4-1-59.7 of the Codified Ordinances of Orange County, an amount equal to the fine shall be added as a late penalty and the late penalty and fine shall become due immediately. If a Hearing Officer upholds the issuance of a citation in an administrative hearing, the late penalty will be assessed if the fine is not paid within 30 days from the conclusion of the hearing. Failure to timely remit payment of a citation fine and/or late penalty authorized pursuant to said Section 4-1-59.7 will result in criminal liability and a warrant may be issued for a violator's arrest. Nonpayment of such fine and/or late penalty shall be a misdemeanor punishable by a fine of not more than $1,000 or by imprisonment in the County Jail for a period of not more than six months or by both such fine and imprisonment. The city at its discretion may pursue any and all legal and equitable remedies for the collection of unpaid fines and late penalties. Pursuit of one remedy does not preclude the pursuit of any other remedies until the total fines and late penalties owed by a violator under this subarticle have been collected.
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(Ord. No. 1186, § 2, 8-24-20)
[1]
Editor's note: Ord. No. 1186, § 2, adopted Aug. 24, 2020, revised § 3-2. Formerly § 3-2 had pertained to licensing and regulation and was derived from Ord. No. 585, § 2, adopted Sept. 27, 1976. Prior to that, § 3-2 had pertained to dog control and had been derived from Ord. No. 542, § 1, adopted Nov. 25, 1974.
The ordinances adopted in this chapter are intended to apply to animal control and regulation within the jurisdiction of the City of Cypress in the same manner as they apply to animal control and regulation within the unincorporated area of the County of Orange. Therefore, the ordinances adopted hereby shall be amended as necessary to achieve that goal, including amending references to the county or the unincorporated area of the county to references to the City of Cypress, as necessary to achieve that goal. Only those provisions of Title 5 of the Orange County Ordinances relevant to animal related facilities including animal exhibitions, animal rental establishments, animal rescuers, commercial stables, grooming parlors, kennels and pet shops are adopted hereby.
(Ord. No. 1186, § 2, 8-24-20)
[1]
Editor's note: Ord. No. 1186, § 2, adopted Aug. 24, 2020, revised § 3-3. Formerly § 3-3 had pertained to dog control and had been derived from Ord. No. 969, § 2, adopted Aug. 11, 1997. Ord. No. 969 repealed Ord. No. 679, adopted May 26, 1981, § 1 of which was included within the code as § 3-3 and pertained to dog control.
