For the purpose of this chapter, the following words and phrases
shall mean:
Animal:
any fish, fowl, reptile or nonhuman mammal.
Animal Control Officer:
the chief of police or any officer or person designated by
the chief of police to administer this chapter.
At-Large:
away from the property owned or occupied by the owner of
the animal.
Kennel:
a building, enclosure or premises wherein more than four
dogs and cats (in any combination) over four months of age are kept.
Leashed:
securely confined by a leash not exceeding six feet in length.
Nondomestic Animal:
an animal of a species that has not been domesticated so
as to live and breed in a tame condition. "Nondomestic animal" includes
wolf/dog hybrids.
Owner:
a person who legally owns an animal or who harbors an animal
with the permission of the legal owner.
Vicious Animal:
an animal that has bitten or scratched a person or another
animal without provocation.
Wild Bird:
a bird of the columbine family. "Wild bird" includes pigeons
and doves.
(Ord. 1515; Ord. 1708, 2/12/2024)
Violation of any of the provisions of this chapter shall constitute
an infraction unless prosecuted pursuant to the administrative citation
procedure of this code.
(Ord. 1515)
A. The
animal control officer shall be responsible for the administration
of this chapter. In performing such duty, the animal control officer
may do the following without limitation:
1. Require
posting of a "Beware of Animal" sign at a property at which there
is an animal having a disposition to attack without provocation.
2. Order
the enclosure of an animal having a disposition to attack without
provocation.
3. Order
the quarantine of a vicious animal. In the event of such order, the
owner of the animal shall not remove the animal from the premises
and shall not kill the animal for the period specified by the animal
control officer.
4. Require
posting of an "Animal Quarantine" sign at a property harboring an
animal for which a quarantine order has been issued.
5. Procure
license certificates and tags.
B. The
animal control officer may not remove an animal from the property
of its owner without the written consent of such person except where
circumstances (including without limitation injury, distress or danger
to life or limb) require removal.
(Ord. 1515)
The city or the animal control officer shall provide a building
or enclosure to hold impounded animals. The animal control officer
shall collect fees for holding impounded animals and miscellaneous
animal shelter services. The fee amounts shall be set by city council
resolution.
(Ord. 1515)
A. In addition
to complying with any restrictions set forth in the city's zoning
regulations, no person shall keep any animals except a maximum of:
1. Four
weaned cats and dogs in any combination.
2. Six
parakeets, parrots, canaries, or similar domestic birds.
3. Six
reptiles (e.g. turtles, lizards, or snakes, etc.).
B. Reptiles
maintained outside shall be kept in a fully enclosed structure located
a minimum distance of 10 feet from any lot line, 50 feet from any
dwelling units, and 100 feet from any school, park, religious establishment,
hospital, or similar institution.
(Ord. 1515; Ord. 1551)
A. No person
shall keep a nondomestic animal without first obtaining from the animal
control officer, and maintaining in full force and effect, a nondomestic
animal permit for such animal. The fee for a nondomestic animal permit
shall be set by city council resolution.
B. The
animal control officer may approve, conditionally approve or deny
a request for a nondomestic animal permit. A nondomestic animal permit
may be denied for any of the following reasons:
1. Adequate
provision has not been made for the restraint, care and feeding of
the animal.
2. Keeping
the animal is not necessary for educational or research purposes.
3. Keeping
the animal will be detrimental to the public health, safety or welfare.
C. The
animal control officer may revoke a nondomestic animal permit if the
permittee has violated this chapter, or if the animal poses a threat
to the public health, safety or welfare. The animal control officer
shall afford the permittee a hearing prior to revoking a nondomestic
animal permit. Reasonable advance written notice of the time and place
of such hearing, as well as a brief statement of the grounds on which
the proposed revocation is based, shall be given to the permittee.
(Ord. 1515; Ord. 1551)
A. No person
shall keep a cat or dog for breeding purposes without first obtaining
a cat or dog breed permit from the animal control officer. The fee
for cat and dog breed permits shall be set by city council resolution.
B. A breed
permit shall not be issued if the premises where the animal is harbored
is within 300 feet of a dwelling inhabited by someone other than the
applicant.
C. Selling
or giving away a puppy or kitten from a litter shall be prima facie
evidence of breeding.
(Ord. 1515; Ord. 1551)
A. No person shall keep a dog over four months of age without maintaining
a current license from the animal control officer. The fee for a license
shall be established by city council resolution.
B. The animal control officer or an authorized agent shall furnish a
metallic license tag and certificate with corresponding numbers to
a dog owner upon payment of the license fee. The animal control officer
or an authorized agent shall keep records of each person to whom a
license tag and certificate is issued.
C. Each license shall expire one year from the date of purchase or the
expiration date of the dog's rabies vaccination, whichever is
earlier. No dog shall be licensed without proof of approved rabies
vaccination.
D. The fee for a dog license shall be purchasable at a reduced rate
in accordance with city council resolution for the following:
2. Dogs honorably discharged from the armed forces or retired from police
service.
3. Dogs kept by nonresidents traveling through the city for a period
of less than 30 days. Notwithstanding the foregoing, a license shall
be required for dogs that use a city dog park, unless the dog has
a valid license and has a license tag or tattoo issued by the jurisdiction
of the dog owner's primary place of residence.
4. Dogs temporarily brought into the city to participate in an exhibition.
E. Any license that is not renewed by midnight on the date it is scheduled
to expire shall be considered delinquent and a late fee as determined
by city council resolution shall be added to the cost of the new license.
The animal control officer may waive the late fee if the animal control
officer determines the applicant made a reasonable effort to comply
with the renewal deadline.
F. False or Stolen Documents Illegal. No person shall make use of or
have in his or her possession or under his or her control a stolen,
counterfeit, or forged dog license receipt, dog license tag, rabies
vaccination certificate, antirabies inoculation deferment form, or
other form issued in accordance with this section.
G. Display of Certificates Required Upon Demand. Every person shall,
upon demand by the animal control officer, exhibit a current dog license
tag or certificate issued to said person pursuant to this section.
H. Wearing of License Tag. Each dog required to be licensed shall wear
at all times the current license tag assigned to that dog, except:
1. When the dog is physically confined within the premises of the owner
or other person authorized to have custody;
2. When the dog is confined in a vehicle or cage;
3. When the dog is participating in any dog exhibition, field trial
or competition; or
4. When the dog is confined in a licensed kennel or veterinary hospital,
in which case the license tag number shall be recorded and placed
nearby so that it is readily identifiable with the dog to which it
belongs; or if not licensed, that fact shall be clearly indicated
on the facility's records.
I. A license tag shall not be removed from any dog without the consent
of the owner thereof.
(Ord. 1515; Ord. 1523; Ord. 1533; Ord. 1551; Ord. 1708, 2/12/2024)
A. The
license tag issued for the current license year shall be securely
fastened to the collar or harness of the dog, and shall be worn by
the animal when at large.
B. No dog
owner shall fail or refuse to show to the animal control officer or
to a police officer the license tag or certificate issued for the
animal.
C. A dog
may, at the owner's option and expense, be tattooed with its registration
information.
(Ord. 1515; Ord. 1551)
A. Dog Vaccination Required. Every person owning or harboring a dog
four months of age or older, for 15 days or more, shall, if not currently
vaccinated, have such dog vaccinated against rabies by a licensed
veterinarian with a vaccine approved by the California Department
of Health. Dogs that are ill may be given temporary deferment from
rabies vaccination requirements by obtaining an antirabies deferment
from a licensed veterinarian, and upon approval of the animal control
officer; old age of the dog, however, shall not be a basis for such
deferment. A dog referring such a deferment shall be vaccinated within
10 days of the conclusion of the deferment period.
B. Quarantine.
1. The State Director of Health has declared Orange County a rabies
area. The animal control officer or an authorized agent is authorized
under state law to quarantine suspected rabid animals. The animal
control officer is hereby empowered to enter upon any private property,
including the home or residence where the animal is kept or has strayed,
to inspect, and if necessary, to seize and impound any animal suspected
of being rabid for a period of 14 days (10 days for dogs and cats).
The impounding officer shall make a reasonable effort to immediately
notify the owner or custodian of the animal before it has been impounded
and the address of the facility to which it will be taken. If the
owner or custodian is not present at the time of impounding, the above
notice shall be posted on the property of such owner or custodian,
if known. In lieu of impounding the animal, he or she may require
the owner to quarantine the animal for such period by serving a written
notice upon the owner.
2. No person shall disobey any quarantine order issued by the animal
control officer or remove any animal from its place of confinement
under quarantine without the permission of the animal control officer.
C. Duty to Report. Any person having knowledge of the location of an
animal suspected of having rabies, or of any person having been bitten
or scratched by any warm-blooded mammal, or of any signs of disease
or unusual behavior in any animal under quarantine, shall immediately
report such facts to the animal control officer.
D. Proof of Vaccination. No person who owns or harbors any dog shall
fail or refuse to exhibit his or her copy of the rabies vaccination
form, antirabies inoculation deferment form, or health certificate
upon demand by the animal control officer.
E. Duty of Person Performing Vaccination. Each duly licensed veterinarian
after vaccinating any dog shall complete and sign a rabies certificate
in triplicate. He or she shall keep one copy and shall give one copy
to the owner of the vaccinated dog, which the owner shall retain in
his or her possession. He or she shall file the other copy with the
animal control officer within 30 days.
(Ord. 1515; Ord. 1551; Ord.
1708, 2/12/2024)
A. No person having the care, charge, or control of any dog shall cause
or allow such dog to be present upon any beach, street, alley, or
public place, or upon any private property or premises other than
his or her own without written consent of the owner or lessee of the
premises, unless such dog is securely restrained by a substantial
leash or chain not exceeding six feet in length and controlled by
a person competent to restrain such dog. Leashed dogs are not permitted
in areas where dogs are prohibited.
B. No person having the care, charge, or control of a cat shall permit
the cat to enter upon another person's property or residential
unit without permission.
C. The animal control officer may impound any cat or dog found in violation
of this section.
(Ord. 1515; Ord. 1551; Ord.
1708, 2/12/2024)
A. Impounded
cats and dogs shall be held at the animal shelter in accordance with
state law.
B. The
animal control officer may sell any impounded cat or dog that is not
redeemed within the statutory hold period. Such sale shall be made
to the person offering both the highest amount of cash and payment
of all animal shelter fees associated with the animal. Cats older
than six months shall not be sold unless spayed or neutered.
(Ord. 1515; Ord. 1551)
A. No person
shall keep, maintain, or permit on any lot or parcel of land under
his or her control or ownership, any animal of any type, including
any fowl, that makes any sound, noise, or cry that due to a combination
of its volume, pitch, pattern, or frequency interferes with the comfortable
enjoyment of life and property. Such interference shall constitute
a public nuisance and a noise disturbance in accordance with this
title.
B. An animal
is not deemed to interfere with the comfortable enjoyment of life
and property if the animal is making noise due to a person or other
animal that is trespassing or threatening to trespass upon private
property in or upon which the animal is situated, or when the animal
is being teased or provoked, or is impounded at the city's animal
shelter.
C. Any
person authorized to enforce the requirements of this chapter may
do so on the basis of either his or her own direct observation of
a violation or written complaints, signed under penalty of perjury,
by 2 or more persons who reside in separate residences and each personally
witnessed the violation.
D. Nothing
in this chapter shall establish standards for private civil claims,
in either civil court or small claims court, nor shall this chapter
preclude any person from pursuing a private civil action in either
civil or small claims court.
(Ord. 1515; Ord. 1551; Ord. 1609)
No person shall transport an animal by motor vehicle unless
the animal is confined to prevent falling or jumping off the vehicle.
(Ord. 1515; Ord. 1551)
No person shall operate a kennel within 1,000 feet of any dwelling
inhabited by someone other than the kennel operator.
(Ord. 1515; Ord. 1551)
A. No cat
owner or dog owner shall fail or refuse to remove feces defecated
by the animal onto city property or onto private property not owned
by such owner.
B. No person
owning or occupying property where an animal is kept shall maintain
such property in an unsanitary condition. An accumulation of uneaten
food, feces or other matter that emits an offensive odor or encourages
insect breeding shall constitute prima facie evidence of an unsanitary
condition. This provision shall not prohibit storage of uneaten food,
feces or other matter in a closed container prior to disposal.
(Ord. 1515; Ord. 1551)
A. No owner
of an animal shall permit the animal to remain in any restaurant,
store or vehicle where commercial food for human consumption is offered
for sale, prepared, stored or transported.
B. This
section shall not apply to visually impaired persons utilizing seeing
eye dogs.
(Ord. 1515; Ord. 1551)
No owner of a dog shall tie the dog to a tree, bike rack or
similar object in front of any public place.
(Ord. 1515; Ord. 1551)
No person shall offer any animal for sale, barter or donation
on city property.
(Ord. 1515; Ord. 1551)
It is unlawful for any person to feed or provide food to any
nondomesticated animal. This prohibition shall not apply to the feeding
of wild birds that are confined in an enclosure on private property.
(Ord. 1515; Ord. 1551; Ord.
1708, 2/12/2024)
No owner of an animal, other than a cat or dog, shall permit
the animal to run at large.
(Ord. 1515; Ord. 1551)
A. No person
shall keep an animal within 50 feet of a school or hospital. This
prohibition shall not apply to the keeping of cats, dogs or birds
of the psittacine family. This prohibition also shall not apply to
the keeping of an animal in the dwelling of the owner.
B. No person
shall keep more than 4 birds of the psittacine family within 35 feet
of any inhabited structure, school or hospital.
(Ord. 1515; Ord. 1551)
No person shall keep a beehive within 200 feet of a dwelling
inhabited by someone other than the beekeeper. This prohibition shall
not apply to the keeping of bees within an educational institution,
medical office or laboratory for educational or research purposes,
provided the bees are not permitted to fly at large.
(Ord. 1515; Ord. 1551)
A. No person
shall keep any of the following animals: cattle; hogs; fowl; goats;
horses; mules; or pigs of any size, kind, or sex.
B. Notwithstanding this section, a person may keep a pig of any size, kind, or sex if that person first obtains a non-domestic animal permit pursuant to Section
7.05.030 of Chapter
7.05. All permitting requirements, conditions, and procedures applicable to the non-domestic animal permit shall also apply to a non-domestic animal permit for the keeping of a pig.
(Ord. 1515; Ord. 1551; Ord. 1633; Ord. 1635)
Notwithstanding any other provision of this chapter, the park
located at Lampson Avenue and Heather Street ("Arbor Park") is hereby
established as a dog park, in which responsible adults may allow dogs
to be without leashes within the fenced areas, provided that the responsible
adults and all persons accompanying them comply with all of the following
conditions. For purposes of this section, "responsible adult" means
any person 18 years or older who owns, has a proprietary interest
in, harbors, or has the care, charge, control, custody or possession
of a dog.
A. Each
dog must be chaperoned by a responsible adult. For the purposes of
this section, to "chaperone" a dog means that a responsible adult
is inside the dog park and is in control of the dog at all times.
B. Each
responsible adult may chaperone a maximum of 3 dogs in the dog park
on each visit.
C. A responsible
adult may allow any dog that he or she chaperones to be without leashes
inside the fenced areas of the dog park. However, dogs must wear leashes
at all times the dogs are not inside the fenced areas.
D. No animals,
other than domesticated dogs, are permitted in the dog park.
E. Persons
entering or exiting the fenced areas of the dog park must close park
gates behind them.
F. Dog
License. A license must be obtained prior to a dog using the dog park,
as follows:
1. A
city dog license must be obtained pursuant to the provisions of this
chapter for a dog owned by a city resident or by any person who lives
in a jurisdiction that does not require a license for the dog; or
2. A
valid dog license must be obtained by any person who is not a city
resident pursuant to the laws of jurisdiction of the dog owner's primary
place of residence.
G. Metallic
License Tags or Registration Tattoos. Dogs in the dog park must wear
metallic license tags at all times, unless the dogs are tattooed with
their registration information. If a dog owner is not a city resident,
and the jurisdiction of the dog owner's primary place of residence
does not provide either license tags or tattooing for licensed dogs,
the owner must obtain a license tag or tattoo from the city pursuant
to the provisions of this chapter prior to the dog using the dog park.
H. Annual Dog Park Permit for Non-Residents. Prior to using the dog park, an annual dog park permit must be obtained for each dog that belongs to a person who is not a city resident. The application for the permit shall consist of an application fee and proof of a current dog license. The annual fee shall be set by city council resolution. In addition to a license tag or tattoo required pursuant to subsection
G, such dog must wear a metallic permit tag at all times the dog is inside the dog park.
I. No dog
shall be permitted in the dog park unless it has received a rabies
vaccination within the last 3 years, and the effective period of the
vaccine has not elapsed.
J. Each
responsible adult shall, at all times, take all reasonable precautions
to prevent the dog(s) they chaperone from biting, attacking or attempting
to bite or attack any person or dog. A responsible adult shall immediately
remove a dog he or she chaperones from the dog park if it bites, attacks
or attempts to bite or attack any person or dog.
K. No person
who has the care, charge, control, custody, or possession of any of
the following kinds of dog shall allow such dog to enter or remain
in the dog park at any time:
1. A
dog less than 4 months old.
4. A
dog with a communicable illness, infection, fleas, or parasites.
5. A
dog that is currently under quarantine or that has previously been
under quarantine by order of the animal control officer.
L. The
following are prohibited in the dog park and no person shall bring
any of the following into the dog park:
1. Food
(irrespective of whether the food is intended for consumption by humans,
dogs, or other species).
M. Smoking
is prohibited in the dog park and within 20 feet of the perimeter
of the dog park.
N. In the
event the city designates specific areas of the dog park for dogs
of certain sizes, a responsible adult shall not allow a dog to enter
an area of the park for dogs of a different size. If a responsible
adult brings dogs in different size categories to the dog park, none
of those dogs will be allowed to enter the park unless each dog within
a different size category is accompanied by a chaperone for its designated
specific area.
O. No responsible
adult shall fail or refuse to remove feces defecated by a dog he or
she chaperones at the dog park. Waste receptacles are located within
the park for disposal purposes.
P. For
the safety of all dogs, spike collars, pinch collars and choke collars
are not permitted.
Q. Responsible
adults shall not allow their dogs to dig holes.
R. All
persons shall comply with instructions of peace officers and animal
control officers at all times. Violation of this or any other provision
of this section shall be grounds for immediate and permanent expulsion
from the use of the dog park and revocation of a dog permit.
(Ord. 1515; Ord. 1523; Ord. 1533; Ord. 1551)
No person having the care, charge or control of any dog shall
cause or allow, either willfully or through failure to exercise due
care or control, such dog to be present on or in any public school
property other than when specifically invited by the school administration.
The prohibitions contained in this section shall not be applicable
to any service dog, as defined by the Americans with Disabilities
Act (ADA), or any dog being trained to be a service dog as defined
by the ADA pursuant to a recognized program of training, provided
the dog is on a leash and the person in charge has an official identification
card issued for such purposes.
(Ord. 1708, 2/12/2024)