A.
Adoption of County of Orange Ordinance. 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:
1.
Division
1 of Title 4;
5.
Division
2 of Title 5; and
6.
Article 17 of Division 3 of Title 5;
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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 Huntington Beach 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 Huntington Beach.
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 Huntington Beach, is to be kept on file at the office
of the City Clerk of the City of Huntington Beach for public inspection.
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B.
Penalties.
1.
Any person who violates any provision of this section shall be guilty of an infraction, except as otherwise provided in this subsection B.
2.
Any person who violates any provision of Section 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.
3.
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.
4.
Any
person convicted of a misdemeanor for a violation of any of the provisions
of this section shall, unless otherwise specifically provided in this
section or by statute, be punishable by a fine of not more than $1,000.00
or by imprisonment in the County Jail for a period of not more than
six months or by both such fine and imprisonment.
5.
Any
person convicted of an infraction for a violation of any of the provisions
of this section shall, unless otherwise specifically provided in this
section or by statute, be punishable by: (a) A fine not exceeding
$100.00 for a first violation; (b) A fine not exceeding $200.00 for
a second violation of the same Code provision within a period of one
year; (c) A fine not exceeding $500.00 for each additional violation
of the same ordinance within one year.
6.
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.
7.
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.
8.
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:
a.
Fine for first offense (per citation) - $250.00
b.
Fine for second offense within same 12-month period (per citation)
- $275.00
c.
Fine for third offense within same 12-month period (per citation)
- $303.00
d.
Fine for fourth offense within same 12-month period (per citation)
- $333.00
e.
Fine for fifth offense within same 12-month period (per citation)
- $366.00
f.
Fine for sixth and subsequent offense within same 12-month period
(per citation) - $403.00
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 $1,000.00
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.
C.
Amendment. The ordinances adopted hereby are intended to apply
to animal control and regulation within the jurisdiction of the City
of Huntington Beach 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 Huntington Beach, 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.
(27-11/1909, 66-9/20, 324-5/29, 641-2/56, 885-2/62,
1905-4/74, 2034-1/76, 2067-5/76, 2084-6/76, 2095-9/76, 4147-3/18)
