Title 8 ANIMALS
Chapters:
8.04 Streets and Public Places
8.08 Animal Control, Welfare and License Requirements
8.10 Barking Dog Violations and Civil Fines
8.12 Injuring Animals
8.16 Breeding (Repealed by 5832, 10/15/02)
8.20 Wild Animals
8.22 Slaughtering and Butchering
8.24 Adoption of Animal Control Ordinances of the County of Orange, California Chapter 8.04 STREETS AND PUBLIC PLACES
Sections:
8.04.010 Unattended animals in public places to be securely tied—Manner of riding animals in public—Riding or driving on sidewalk prohibited.
8.04.020 Wild, unbroken, vicious animals in public places prohibited.
8.04.030 Certain animals at large, herded or picketed in public places prohibited.
8.04.040 Use of hydrants, lamp posts for hitching prohibited.
8.04.050 (Repealed by 5832, 10/15/02)
8.04.060 (Repealed by 5832, 10/15/02)
8.04.01070 Animals—Restraint, public buildings.
8.04.010 UNATTENDED ANIMALS IN PUBLIC PLACES TO BE SECURELY TIED — MANNER OF RIDING ANIMALS IN PUBLIC — RIDING OR DRIVING ON SIDEWALK PROHIBITED.
It shall be unlawful for any person or persons to leave in any public street, highway or commons in the City of Anaheim any horse, mare, mule, jack, jenny or team of such animals without being securely tied or held so as to prevent their stampeding or running away, nor shall any such animals be ridden or driven along any public street or highway in the City of Anaheim, in a reckless manner or at an immoderate rate of speed, nor shall any such animal be ridden or driven upon any sidewalk within the City of Anaheim. (Ord. 94 § 8; September 26, 1893.)
8.04.020 WILD, UNBROKEN, VICIOUS ANIMALS IN PUBLIC PLACES PROHIBITED.
It shall be unlawful for any person or persons to keep, ride or drive any wild or unbroken horse, mare or other wild untamed or vicious animal in the streets or public grounds of the City of Anaheim. (Ord. 94 § 9; September 26, 1893.)
8.04.030 CERTAIN ANIMALS AT LARGE, HERDED OR PICKETED IN PUBLIC PLACES PROHIBITED.
It shall be unlawful for any person or persons having the ownership or care of any horses, mules, mares, jacks, jennets, cattle, goats, sheep or swine, to suffer the same to run at large, be herded or picketed upon any highway, street or public grounds within the City of Anaheim, or to picket or fasten any of the before-mentioned animals in such a manner as to permit them to encroach upon said highways, streets or public grounds. (Ord. 94 § 13; September 26, 1893.)
8.04.040 USE OF HYDRANTS, LAMP POSTS FOR HITCHING PROHIBITED.
It shall be unlawful for any person or persons to use any fire or water hydrant or lamp post for hitching purposes within the City of Anaheim. (Ord. 94 § 14; September 26, 1893.)
8.04.050 (Repealed by 5832, 10/15/02)
8.04.060 DRIVING ANIMALS THROUGH OR ALONG PUBLIC PLACES — PERMIT REQUIRED.
Any person, having the ownership of or care of any of the animals mentioned in the preceding section, desiring to drive any band or drove of the same through or across any of the streets, highways, alleys or public grounds of the City during lawful hours, to-wit, the hours of nine p.m. to six a.m., shall, two hours before entering the limits of said City, notify the Chief of Police of the number of such animals and get his consent as to the route to be pursued. (Ord. 92 § 2; Ord. 1341; April 14, 1959.)
8.04.01070 ANIMALS — RESTRAINT, PUBLIC BUILDINGS.
No person owning or having charge, custody, care or control of any animal, bird or reptile shall permit said animal, bird or reptile to be at large, or trespass upon the Main City Library or any Branch Library of the City of Anaheim. This section shall not apply to Guide dogs, as authorized by Section 54.2, Civil Code of the State of California.
Chapter 8.08 ANIMAL CONTROL,
WELFARE AND LICENSE REQUIREMENTS
Sections:
8.08.010 Animal regulations.
8.08.020 Dog licensing.
8.08.030 Cat registration.
8.08.040 Vaccination and rabies control.
8.08.050 Animal shelter and impoundment.
8.08.060 Commercial establishments.
8.08.070 Private establishments.
8.08.080 Animals at large (restraints) and public nuisance.
8.08.090 Vicious animals.
8.08.100 Annexed territory—County license acceptable.
8.08.110 City zoning regulations.
8.08.120 Appeal process.
8.08.130 Penalty for violation.
8.08.140 Refunds.
8.08.150 Claim for refund.
8.08.160 Delinquent payment.
8.08.010 ANIMAL REGULATIONS.
.010 Definitions. For the purposes of this chapter the following words, terms and phrases shall have the following meanings:
(a) "Animal" means any vertebrate creature, domestic or wild, including but not limited to the following categories:
(1) Dog. Any Canis Familiaris, four months of age or over; (2) Puppy. Any Canis Familiaris under four months of age; (3) Cat. Any Felis Cattus, four months of age or over; (4) Kitten. Any Felis Cattus under four months of age. (b) "Animal exhibition" means any display containing one or more animals exposed to public view for entertainment, instruction or advertisement, excluding fairs, livestock shows, rodeos, purebred dog and pedigreed cat show, obedience trials and competitions, field trials, and any other fair or exhibition intended to advance agricultural arts and sciences. (c) "Animal menagerie" means a place where wild and/or exotic animals are kept or maintained. (d) "Code Enforcement Manager" means the Code Enforcement Manager of the City of Anaheim, or his or her designee.
(e) "Commercial" means operated or carried on primarily for financial gain. (f) "Commercial breeder" means an owner/lessor/breeder of dogs and/or cats who is licensed to breed animals for resale, individually or in litter lots, whether any of the animals are also kept for personal use.
(g) "Commercial exhibitor" means any person exhibiting any animals to the public for compensation, including carnivals, circuses and animal acts exhibiting such animals, whether operated for profit or not.
(h) "Commercial kennel or cattery" means any person maintaining for profit an establishment where animals of any species are kept for the purpose of breeding, buying, selling, grooming, boarding, or exhibiting such animals, or engaged in the training of dogs. (i) "Commercial stable" means any property where equines (i.e. horses, donkeys, mules, burros) are sheltered or fed on a commercial basis, or any place that regularly buys, sells, or trains such animals including, but not limited to, a race track, trotting track or rodeo. (j) "Dealer" means any person who, for compensation or profit, buys for resale any animals, whether alive or dead, for research, experimentation, testing or exhibition (except as an exhibitor as herein described) or for use as pets.
(k) "Grooming parlor" means any place where animals are groomed, clipped, bathed, or otherwise conditioned as pets and/or for show in exchange for a fee, except as a service offered by a commercial or service kennel or cattery.
(l) "Person" means any individual, business, partnership, joint stock company, corporation, association, trust, estate or other legal entity.
(m) "Pet shop" means any person or facility engaged in the sale or trade of live animals on a commercial basis.
(n) "Private exhibitor" means any organization sponsoring, and all persons participating in, fairs, livestock shows, rodeos, purebred dog and cat shows, obedience trials, field trials, or any other fairs or exhibitions intended to advance agricultural arts and sciences. (o) "Private kennel" means any property, building or structure where four or more dogs or four or more cats are kept or maintained solely for the pleasure and enjoyment of the owner. (p) "Senior citizen" means any individual who is sixty-five years of age or older. (q) "Stray" means any animal not on its owner's premises and which is wandering unleashed, lost, or unattended and the owner of which cannot be found. (r) "Vicious animal" means any animal which has a propensity to attack persons or other animals without provocation.
(s) "Vicious dog" means any dog that, as determined by the Code Enforcement Manager:
(1) Has attacked or bitten a person, causing death or substantial physical injury; or (2) Has killed or inflicted substantial physical injury to a domestic animal, without provocation, while off the owner's or custodian's property; or
(3) Is owned or harbored primarily or in part for the purpose of dog fighting or is a dog trained for dog fighting; or
(4) Has twice, within a one-year period, done any of the following:
(A) Bitten, attacked or attempted to bite a person, or (B) Chased or approached a person upon the streets, sidewalks or any public or private property in an apparent attitude of attack;
(5) Provided, no dog may be determined to be a vicious dog if any such bite, threat, injury or damage was sustained by a person who, at the time, was committing a wilful trespass upon the premises occupied by the owner or custodian of the dog, or was committing or attempting to commit a crime upon the premises occupied by the owner or custodian of the dog, or was teasing, tormenting, abusing or assaulting the dog or who has, in the past, teased, tormented, abused or assaulted the dog.
(6) This definition does not apply to dogs used in military or police work while they are actually performing in that capacity.
.020 Responsibility for Administration. The Code Enforcement Manager is hereby charged with the administration of this chapter.
.030 Rules and Regulations. The Code Enforcement Manager may make rules and regulations not inconsistent with the provisions of this chapter as may be necessary or desirable to aid in the enforcement of the provisions of this chapter. The rules and regulations shall be in writing and filed in the office of the City Clerk.
.040 Enforcement.
(a) The Code Enforcement Manager shall have the duty of enforcing the provisions of this title.
The Code Enforcement Manager and Orange County Animal Control Director and each of their deputies are hereby authorized and empowered to verify compliance with the provisions of this chapter and are authorized, pursuant to California Penal Code Section 836.5, to arrest persons and to prepare, issue and deliver to any such arrested person, written notice to appear in court for any violation or violations of this chapter.
Nothing in this section is intended to or shall operate to change or shall have the effect of changing, the status of the Code Enforcement Manager or his deputies from a public or miscellaneous officer or employee to an individual peace officer or safety member for purpose of retirement, worker's compensation or similar injury or death benefits, or any other employee benefits to which said officer or employee would not have been entitled as a public employee prior to adoption of this section.
(b) The Code Enforcement Manager, Orange County Animal Control Director and his or her deputies, within the constraints of the law, shall have the right to enter upon and inspect any public or commercial property where animals are being kept, for the purpose of examining or capturing any animal thereon. Any person who denies, prevents, or obstructs such access to such premises is in violation of this chapter.
(c) No person shall interfere with, oppose or resist any authorized person charged with the enforcement of this chapter while such person is engaged in the performance of is or her duties. .045 Fees. All fees payable pursuant to the provisions of this chapter shall be derived from the fee schedule of the County of Orange Division of Animal Control. Any future changes in the fee schedule of the County of Orange Division of Animal Control shall automatically be integrated into the fee schedule of the City of Anaheim on the eleventh business day after adoption by the County of Orange and receipt of notice by the Code Enforcement Manager and the City Clerk of the City of Anaheim, unless the City Council rejects the changes and directs the City Clerk to give notice of such rejection to the County of Orange Division of Animal Control. .050 Record Keeping. All fees, penalties and other monies received by the Orange County Division of Animal Control pursuant to the provisions of this chapter shall be credited to the City of Anaheim in accordance with the contract between the Orange County Division of Animal Control and the City. Records pertaining to the issuance of licenses or permits under this chapter and the collection of all fees, penalties and other monies in connection therewith shall, pursuant to contract with the County of Orange, be kept by the Orange County Division of Animal Control. (Ord. 5138 § 2 (part); June 19, 1990; Ord. 5226 § 1; June 4, 1991: Ord. 5374 §§ 1 — 5; June 22, 1993: Ord. 5428 §§ 1 — 6; June 14, 1994.)
8.08.020 DOG LICENSING.
.010 Licenses Required. No person shall own or have in custody or control any dog, male or female, within the city for more than thirty days without at all times having upon such dog a collar or harness to which shall be securely fastened a tag as provided in this chapter. The tag shall be obtained from the Orange County Division of Animal Control after provision of such information as required by the Orange County Division of Animal Control and shall be inscribed with a serial number on the tag.
.020 Vaccination of Dogs. Every owner of a dog shall cause such dog to be vaccinated with an anti-rabies vaccine approved by the State of California Department of Health Services.
Revaccination shall be made at such intervals of time as may be prescribed by the State of California Department of Health Services. Compliance with the provisions of this section shall be a condition to issuance or renewal of dog licenses.
.030 License Fees. The fees for the dog license, which fee shall not exceed the reasonable cost of providing the services for which the fee is charged, shall be established by the Board of Supervisors of the County of Orange, or their lawful designee, and shall indicate the license fee for unaltered and altered dogs. A dog shall be considered altered if the spaying or neutering is verified by a certificate from a licensed veterinarian. A separate fee, which shall not exceed the reasonable cost of providing the services for which the fee is charged, may be established by the Board of Supervisors of the County of Orange or their lawful designee, for dogs owned by senior citizens; provided, however, that such separate fee shall be applicable to no more than one animal per household.
.040 License Fee Exemptions. No license fee shall be required for the issuance of a license for any dog owned:
(a) As a pet of a blind person, or certified as being duly and properly trained to aid or assist blind persons when such dog is actually being used by a blind person for the purpose of aiding or assisting such blind person;
(b) Dogs honorably discharged from the Armed Forces of the United States; (c) Dogs used in crime detection or apprehension by a law enforcement agency; (d) Dogs housed in a duly licensed pet shop prior to sale.
The Orange County Division of Animal Control shall issue dog license tags free of charge to owners having custody and control of such dogs, provided the owner submits a valid anti-rabies vaccination certificate.
.050 Issuance of License. Upon payment of the license fee and the presentation of a valid certificate of vaccination by a duly licensed doctor of veterinary medicine, the Orange County Division of Animal Control or his designee shall issue a license stating the name and residence of the person to whom the license is issued, the amount paid, the date of issuance and expiration thereof, the date of expiration of the vaccination, and a description of the dog for which such license is issued.
.060 Metal Tags. With each dog license the Orange County Division of Animal Control or its designee shall issue a metal tag bearing an identifying number. Each dog shall wear the metal tag issued for it at all times.
It shall be unlawful for any person to attach a metal tag issued pursuant to this section to any dog other than the dog for which it was issued.
.070 License Period. The term of any dog license issued hereunder shall commence on the date of the issuance of the license and shall terminate twelve months from the date. Notwithstanding the term set forth hereinabove, the license period shall not exceed the rabies inoculation period indicated on a valid rabies vaccination certificate acceptable to the California Department of Health.
Dog licenses shall be renewed upon expiration. When a license is renewed after the expiration date, the new license period shall begin on the expiration date of the previous period. .080 License Records. The Code Enforcement Manager or his designee shall keep on file records for all dog licenses that are issued. The records shall include:
(a) A description of the dog;
(b) Owner's name, address and telephone number;
(c) Duration of license; and
(d) Duration of rabies inoculation.
.090 License Tag Replacement. In case of loss or destruction of any tag required by the provisions of this chapter, a duplicate shall be issued by the Orange County Division of Animal Control or its designee upon request and upon payment of a fee established by the City Council by resolution.
.100 Exhibiting of Receipt or Tag Required. No person owning or having in his control any dog subject to license under this chapter shall refuse to show upon demand to the Code Enforcement Manager or his officers, Orange County Animal Control Officer or any Police Officer, the city dog license receipt or license tag for any duly registered dog. .110 Veterinarian Responsibilities. Every veterinarian who vaccinates or causes or directs to be vaccinated in the City, any dog with anti-rabies vaccine shall use a form provided by the Code Enforcement Manager to certify that such animal has been vaccinated.
Every veterinarian shall submit to the Code Enforcement Manager a copy of the City-approved anti-rabies vaccination form, within ten days of the beginning of each month, for any dog which he or she vaccinates or directs to be vaccinated with anti-rabies vaccine during the previous month. .120 Deferment. The vaccination requirement for rabies shall not apply to a dog if a licensed veterinarian has examined the dog and certified at such time that rabies vaccine may endanger the dog's health because of its age, infirmity, debility or other physiological considerations, and said dog is kept in the house or in a fenced yard adequate to confine the animal at all times. The deferment shall be valid only during the period that vaccination would endanger the dog's health as said period is shown by the certificate of a licensed veterinarian. (Ord. 5138 § 2 (part); June 19, 1990; Ord. 5226 § 2; June 4, 1991: Ord. 5374 § 6; June 22, 1993: Ord. 5428 § 7; June 14, 1994.)
8.08.030 CAT REGISTRATION.
.010 Cat Registration Certificates. The obtaining of cat registration certificates shall be optional on the part of the owner.
The Code Enforcement Manager or his designee shall make registration certificates available to the owners of cats. Upon application therefor, a registration certificate shall be issued stating the name and address of the person to whom the certificate is issued, the date of issuance, a description of the cat for which the certificate is issued, and the number of the metal tag accompanying the certificate. The Board of Supervisors of the County of Orange, or their lawful designee, shall establish the cat registration fee, which shall not exceed the reasonable cost of providing the services for which the fee is charged.
.020 Registration Tags. With each registration certificate the Code Enforcement Manager or his designee shall issue a registration tag bearing an identifying number. In the event it is necessary to issue a duplicate tag, a fee as set forth in the schedule of fees established by the Orange County Board of Supervisors, or their lawful designee, shall be chargeable to the owner; provided, however, the fee shall not exceed the reasonable cost of providing the services for which the fee is charged.
.030 Registration Period. A registration certificate issued by the Code Enforcement Manager or his designee shall be valid for a period of twelve months from the date of issuance. .040 Certificate Registry. The Code Enforcement Manager or his designee shall maintain records of all cat registration certificates, together with a description of the cat for which each certificate is issued. (Ord. 5138 § 2 (part); June 19, 1990: Ord. 5374 § 7; June 22, 1993: Ord. 5428 § 8; June 14, 1994.)
8.08.040 VACCINATION AND RABIES CONTROL.
.010 Display of Certificate. No person who owns or harbors any dog shall fail or refuse to exhibit his or her copy of the rabies certificate or anti-rabies inoculation deferment form upon demand of any person charged with the enforcement of this chapter. .020 Stolen or Counterfeit Certificates. No person shall make use of or have in his or her possession, a stolen, counterfeit or forged vaccination certificate. .030 Suspected Rabies; Reporting. Any person having knowledge of the whereabouts of an animal known to have or suspected of having rabies, shall report the facts immediately to the Orange County Animal Control Agency. In those areas declared by the Director of the State of California Department of Health Services to be regarded as rabies areas (Section 1901.2, California Health and Safety Code), the Orange County Health Department shall be notified when any person is bitten by an animal of a species subject to rabies, whether or not the animal is suspected of having rabies.
.040 Knowledge of Bite; Duty to Report. Whenever a person owning or having charge, care, control, custody, or possession of any animal has knowledge that such animal has bitten any person, the person owning or having charge, care, control, custody or possession of such animal shall report said fact to the Orange County Animal Control Agency. .050 Quarantine of Animals. Upon receipt of a report that a person has been bitten or is otherwise exposed to an animal of a species subject to rabies (all warm-blooded animals), the Orange County Animal Control Agency, at its discretion, shall have such animal isolated in strict confinement under proper care and observation of a licensed veterinarian in a veterinary hospital or other adequate facility. The animal shall be observed for at least fourteen days (dogs and cats ten days) after the date of the bite, with the following exception: Dogs and cats may be released after five days of veterinary observation if the observing veterinarian certifies that there are not clinical signs or symptoms of disease. Costs of quarantining an animal shall be the responsibility of the owner.
.060 Laboratory Examinations of Rabid Animals. If any rabid animal, clinically suspected rabid animal, or biting animal dies or has been killed, adequate specimen shall be obtained and examined in an approved public health laboratory. No person shall destroy or allow to be destroyed, the brain of an animal of a species subject to rabies that has bitten or otherwise exposed a person, before the destruction of such brain has been authorized by the Orange County Health Department. .070 Animal Contact. Any animal of a species subject to rabies which has been bitten by a known or suspected rabid animal or has been exposed by contact with a rabid or suspected rabid animal shall be quarantined in a place and manner approved by the Orange County Animal Control Agency for a period of six months, or destroyed, with the exception that the following alternative is permitted in the case of dogs and cats: If the dog or cat has been vaccinated against rabies within two years, but not less than thirty days with a canine live-virus rabies vaccine, or within one year but not less than thirty days with a canine killed-virus rabies vaccine, the dog or cat may be revaccinated in a manner prescribed and quarantined in a place and manner approved by the Orange County Health Officer for a period of thirty days. .080 Removal of Animals from Quarantine. No owner or person, either by himself or herself or through his or her agent, shall remove from any place of isolation or quarantine any animal which has been isolated or quarantined without the consent of the Orange County Health Department. .090 Destruction of Rabid Animals. If upon examination, the Orange County Animal Control Agency determines that any animal is afflicted with rabies, the Agency may cause such animal to be immediately destroyed in a humane manner; provided, however, when any animal shall be known to have bitten, scratched or otherwise exposed a person or animal to rabies, such animal shall be quarantined for such time as may be prescribed by law. (Ord. 5138 § 2 (part); June 19, 1990.)
8.08.050 ANIMAL SHELTER AND IMPOUNDMENT.
.010 Animal Shelter. For the purpose of this section references to the City animal shelter shall be deemed to refer to the Orange County Animal Shelter located at 561 City Drive South, Orange, California.
.020 Impoundment. The Orange County Animal Control Agency is hereby authorized to take into custody and impound any animal found in violation of this chapter, and shall place all such animals taken into custody, in the City animal shelter if the owner cannot be, upon initial contact, identified and contacted and the animal returned home.
.030 Retention of Animal Without Consent. No person shall take possession of any animal found running at large without notifying the Orange County Animal Control Agency within four hours after receiving possession, giving a full description of the animal and the address and phone number of the place where the animal may be found. Such person shall, upon the request of the Orange County Animal Control Agency surrender such animal. .040 Licensed Animals; Period of Impoundment.
(a) Animals wearing current valid license tags, impounded pursuant to this chapter, shall be held for redemption by the owner and not be declared abandoned unless:
(1) The person whom the current tag for such animal was issued so directs; or (2) Nine calendar days including Sundays but not holidays have elapsed since such person was notified of his or her animal's whereabouts by telephone; or (3) Nine calendar days including Sundays but not holidays have elapsed since notification, first class postage fully paid, addressed to such person at his or her last known address and informing such person of the whereabouts of his or her animal, has been delivered in the United States mail. (b) Animals bearing tattoos or wearing identification of any type shall be deemed licensed for the purpose of the ten-day holding period, and all efforts shall be made to locate and notify the owners.
(c) At the end of the nine calendar days (including Sundays, but not holidays) period, animals not claimed by their owners may be declared abandoned and may be placed for adoption or disposed of in a humane manner according to law.
.050 Unlicensed Animals; Period of Impoundment. Impounded animals not bearing identification of any type may be deemed unlicensed animals not claimed, may be declared abandoned and may be placed for adoption or disposed of in a humane manner according to law. .060 Redemption of Animals. Licensed animals may be redeemed by the owner or his or her authorized agent upon payment of the impoundment fees, care and feeding charges, and any veterinary costs as established by the Orange County Board of Supervisors or the Anaheim City Council.
Unlicensed animals may be redeemed by the owner upon payment of the impoundment fee, care and feeding charges, any veterinary costs, and upon proof of rabies vaccination. Such animals shall be subject to the license requirements contained in this chapter. Any person claiming ownership of any impounded animal shall be required to present proof of ownership satisfactory to the Orange County Animal Control Agency or as established by the Orange County Board of Supervisors or the Anaheim City Council.
.070 Adoption of Unredeemed Animals. Any impounded animals that are not redeemed within the prescribed period of time may be considered abandoned and placed for adoption. Animals may be adopted by private individuals upon payment of a placement fee and rabies vaccination fee, established by the Orange County Board of Supervisors or the Anaheim City Council. Adopted animals shall be subject to the license requirements of this chapter. .080 Records of Impounded Animals. The Director of the Orange County Animal Control Agency shall keep a record of each animal impounded, the date of receipt of such animal, the date and manner of its disposal, and if redeemed, reclaimed or adopted, the name of the person by whom redeemed, reclaimed or adopted, the address and telephone number of such person, and the amounts of all fees received or collected for, or because of the impounding, reclaiming or adoption thereof, together with the number of any license tag.
.090 Research and Vivisection. No animal may be donated or sold for the purpose of research or vivisection. (Ord. 5138 § 2 (part); June 19, 1990.)
8.08.060 COMMERCIAL ESTABLISHMENTS.
.010 Permit Required. No person shall conduct or operate within the City, any commercial breeding or boarding kennel or cattery, commercial aviary, pet shop, grooming parlor, commercial stable, riding academy, pony ride, guard dog and/or sentry dog service, zoo, animal menagerie, animal exhibition, rodeo, circus, pet show, miscellaneous animal reptile establishment, or operate as an animal dealer, without first obtaining an Anaheim City Business License pursuant to Title 3 of this Code and a permit from the Code Enforcement Manager or his designee. For the purpose of this section, guard dog and/or sentry dog services located outside the City, but providing service within the City on a regular basis, shall be included.
.020 Fee. The fee for a permit required by the provisions of this chapter, which fee shall not exceed the reasonable cost of providing the services for which the fee is charged, shall be set by the Board of Supervisors of the County of Orange, or their lawful designee, and shall be paid to the Code Enforcement Manager or his designee before a permit is issued. Thereafter, unless otherwise provided, each fee shall be paid annually in accordance with such resolution. .030 Investigation. The Code Enforcement Manager or his designee shall determine the maximum number of animals to be maintained under this permit and shall conduct an inspection of the intended business location and facilities and prepare a report for inclusion with the application for an original permit or a renewal. A permit may be issued to the applicant if the Code Enforcement Manager or his designee finds that:
(a) The keeping of the animals, or the conduct or operation of the business for which the permit is requested and at the place set forth in the application, will not violate any law or ordinance of this City, or any law of the State; and
(b) The keeping of the animals or the conduct or operation of the business for which the permit is requested, will not endanger the health, peace or safety of the community; and (c) The premises and establishment where animals are to be kept are in a clean and sanitary condition, and that animals will not be subject to suffering, cruelty or abuse; and (d) The applicant has not had a similar permit revoked within six months prior to the application.
.035 Inspections. The City of Anaheim's Code Enforcement Manager, Orange County Health Officer and Orange County Animal Control Director and their authorized representatives shall have the right to enter the commercial establishment during regular business hours for the purpose of making reasonable inspections of animals and the premises where animals are kept to observe and enforce compliance with applicable laws and regulations including, without limitation, the provisions of this chapter. Refusal to permit a reasonable inspection during regular business hours shall constitute grounds for the revocation of the existing permit or denial of issuance or renewal of a permit pursuant to this section.
.040 Duration of Permit. Permits issued under the provisions of this section shall expire on the date specified by the Code Enforcement Manager. The permit may be revoked or suspended for cause in accordance with this chapter prior to the expiration date. The permit also becomes void if the holder hereof changes the location of his or her place of business or sells, assigns, transfers or otherwise disposes of such business or his interest therein for a period of thirty days or more. .050 Renewal. Each permit issued under this chapter shall be renewed within thirty days after the expiration thereof.
.060 Revocation or Suspension of Permit. Any permit issued under the provisions of this section may be revoked or suspended if the Code Enforcement Manager or his designee finds:
(a) That the permittee, his agent or employee, has been convicted of any offense involving the violation of Sections 596, 597, 598, or 599 of the Penal Code of the State of California; or of any provision of this chapter; or
(b) That the permittee, his agent or employee, has at the place for which the permit was issued, failed to provide any animal in his possession care or control with proper and sufficient food, drink, shelter or protection, or subject any such animal to suffering, cruelty or abuse; or (c) That the permit, his agent or employee, failed to maintain the premises in a clean and sanitary condition; or
(d) That the permittee, his agent or employee, has violated any rule or regulation made pursuant to the provisions of this chapter; or
(e) That the permittee has falsified information on the permit application. If a license has been denied or revoked for cause, the Code Enforcement Manager shall not accept a new application by the same person for the same activity at the same location less than six months after such denial or revocation, unless the applicant affirmatively shows by inspection and/or investigation, that the grounds upon which the first application was denied or the permit was revoked no longer existed.
On revocation of a permit, no part of the fee is refundable. .070 Display of Permit. All permits under the provisions of this section shall be displayed in a conspicuous place on the permittee's premises.
.080 Animal Records. The person operating a commercial kennel or grooming parlor shall keep available for inspection on the premises, a record that shall show the name, current address and telephone number of the owner of each animal kept at the kennel or parlor, the date such animal entered the kennel or parlor, the reason for such animal being kept at the kennel or parlor, the description of the animal, including age, name, breed, sex, and color, and the name of the veterinarian approved by the owner.
.090 Commercial Kennels; Number of Animals. At any time there are more animals than a kennel or cattery permit allows, the person operating such kennel or cattery must obtain a new permit allowing the keeping of the greater number of animals. .100 Rules and Regulations. The Code Enforcement Manager or his designee may, in the rules and regulations promulgated pursuant to this chapter, establish reasonable standards requiring any place for which a permit is granted to be maintained in a clean, sanitary and humane condition. A copy of such rules and regulations shall be furnished to each applicant for a permit on the filing of the application.
.110 Emergency Information. Each commercial establishment shall have posted in such a place as to be legible from the exterior of the building, names, addresses, and telephone numbers of persons to be notified in case of emergency.
.120 Humane Animal Care. Every person who owns, conducts, manages or operates any commercial animal establishment for which a permit is required, shall comply with each of the following conditions:
(a) No dog or cat under the age of eight weeks shall be brought or shipped into the City for purpose of resale, and no such dog or cat shall be offered for sale by any pet shop or dealer. (b) Every puppy or kitten offered for sale must be examined by a state licensed veterinarian and be certified free of congenital defects, distemper, worms, skin disease, skin and ear mites, and other diseases or conditions which would be injurious to the animal or a potential owner. (c) Every puppy or kitten offered for sale shall have been vaccinated against distemper by a state licensed veterinarian and the date and treatment must be provided to the purchaser at the time of sale.
(d) No animal shall be transported by a commercial kennel, pet shop, or dealer, whether private or public means, unless housed in a container designed for that purpose including provisions for adequate ventilation and food and water.
(e) No animals shall be without attention more than eighteen consecutive hours. (f) Every reasonable precaution shall be used to insure that animals are not teased, abused, mistreated, annoyed, tormented, or in any manner made to suffer by any person or means. (g) Every animal establishment shall isolate sick animals sufficiently so as not to endanger the health of other animals.
(h) Every building or enclosure wherein animals are maintained, shall be constructed of material easily cleaned and shall be kept in a sanitary condition. The building shall be properly ventilated to prevent drafts and to remove odors. Heating and cooling shall be provided as required, according to the physical needs of the animals, with sufficient light to allow observation of animals and sanitation.
(i) Any animal shall be taken to a veterinarian for treatment if the Orange County Animal Control Agency finds this is necessary in order to maintain the health of the animal and order the owner or custodian to do so.
(j) All animal rooms, cages, kennels, shipping containers, and runs shall be of sufficient size to provide adequate and proper accommodations and protection from the weather for the animals kept therein. As a minimum, sufficient space must be provided for every animal within an enclosure to separately and together, stand up, lie down, and turn around in a natural position. (k) No animals bearing evidence of malnutrition, ill health, unhealed injury or having been kept in an unsanitary condition shall be displaced to the public. (Ord. 5138 § 2 (part); June 19, 1990; Ord. 5226 § 3; June 4, 1991; Ord. 5374 § 8; June 22, 1993; Ord. 5428 § 9; June 14, 1994.)
8.08.070 PRIVATE ESTABLISHMENTS.
.010 Permit Required. No person may maintain a private kennel, aviary or stable on any property without first obtaining a permit for a private kennel, aviary or stable from the Code Enforcement Manager. Any person desiring to obtain such a permit must file an application on a form provided by the Code Enforcement Manager or his/her authorized representative containing such information as the Code Enforcement Manager shall require. .020 Permit Issuance. The Code Enforcement Manager or designee may, after inspection of those animals and facilities for which the private kennel/aviary/stable permit is requested, and after review of any received community input, or other related information pertaining to the operation of the private kennel, aviary or stable, issue such permit and determine the number of the animals to be maintained under that permit. The Code Enforcement Manager or designee may issue a permit to the applicant, if he/she finds that all of the following conditions have been satisfied:
(a) The keeping of animals in the manner and at the place set forth in the application will not violate any law or ordinance of the City or any law of the State; (b) The keeping of animals will not endanger the health, peace, or safety of the community; (c) The premises and establishment where animals are to be kept are in a clean and sanitary condition, and the animals will not be subject to suffering, cruelty or abuse; (d) The applicant has not had a similar permit revoked within six months prior to the application;
(e) The applicant has not been convicted of any offense involving the violation of Section 596, 597 and 598 of the California Penal Code, or any provisions of this chapter; (f) The applicant has, at no time, failed to provide any animal in his/her possession, care or control with appropriate certification or licenses and sufficient food, drink, shelter or protection, or subjected any animal to suffering, cruelty or abuse; and (g) Such other conditions as are consistent with the intent of this chapter and as are deemed appropriate by the City of Anaheim.
If the Code Enforcement Manager or his designee finds that one or more of the conditions set forth above are not satisfied, he/she shall deny the permit.
A decision of the Code Enforcement Manager or his designee to grant or deny a permit may be appealed by the applicant or any other aggrieved person, as outlined in the appeal process set forth in this chapter.
.023 Fee. The fee for a permit required by the provisions of this chapter, which fee shall not exceed the reasonable cost of providing the services for which the fee is charged, shall be set by resolution of the Board of Supervisors of the County of Orange, or their lawful designee, and shall be payable to the Code Enforcement Manager or his designee before a permit is issued. Thereafter, unless otherwise provided, each fee shall be payable annually in accordance with such resolution. .025 Inspections. The City of Anaheim's Code Enforcement Manager, Orange County Health Officer and Orange County Animal Control Director and their authorized representatives shall have the right to enter the private establishment during regular business hours for the purpose of making reasonable inspections of animals and the premises where animals are kept to observe and enforce compliance with applicable laws and regulations including, without limitation, the provisions of this chapter. Refusal to permit a reasonable inspection during regular business hours shall constitute grounds for the revocation of the existing permit or denial of issuance or renewal of a permit pursuant to this section.
.030 Duration of Permit. Permits issued under the provisions of this section shall expire on the date specified by the Code Enforcement Manager. The permit may be revoked for cause in accordance with this section prior to the expiration date. The private kennel/aviary/stable permit is valid only for operation and maintenance of a private kennel/aviary/stable at the property where the permit was initially issued and shall be void upon the transfer of the private kennel/aviary/stable to another property.
.040 Renewal. Each permit issued under this chapter shall be renewed within thirty days after the expiration thereof.
.050 Numbers of Animals. At any time there are more animals than a private kennel/aviary/stable permit allows, the person operating the private kennel/aviary/stable must obtain a new permit providing for the keeping of a greater number of animals. .060 Fee. The applicant for a private kennel/aviary/stable permit shall pay a non-refundable permit fee, as established by the City Council by resolution to cover the cost of processing the permit application, and shall also pay the license fees for each animal maintained in the private kennel, aviary or stable.
.070 Notices. At least five days prior to the date upon which the application for a private kennel/aviary/stable permit is to be acted upon, the City Clerk shall cause notice of the application and pending decision date for the private kennel/aviary/stable permit to be published in a newspaper of general circulation.
.080 Animal Records. Any person who has obtained a private kennel/aviary/stable permit pursuant to this section shall keep available for inspection his/her permit and a record of the animals for which the permit has been issued, by name, breed, sex, color and age. In addition, at the time he/she files an application for a permit with the Code Enforcement Manager, the applicant shall also provide the name, address and telephone number of a person residing at a different address from that of the applicant who can be contacted in case of an emergency to assume the care of the animals for which the permit has been issued. .090 Revocation of Permit. Any private kennel/aviary/stable permit issued under the provisions of this section may be revoked if the City of Anaheim finds:
(a) That the permittee or his/her temporary agent has been convicted of any offense involving the violation of Section 596, 597 or 598 of the California Penal Code, or any provisions of this chapter; or
(b) That the permittee or his/her temporary agent has failed to provide any animal in his/her possession, care or control with appropriate certification or licenses and sufficient food, drink, shelter or protection, or subjected any animal to suffering, cruelty or abuse; or (c) That the permittee or his/her temporary agent has failed to maintain the premises where the animals subject to the permit are kept in a clean and sanitary condition; or (d) That the permittee or his/her temporary agent has violated any rule or regulation made pursuant to the provisions of this section; or
(e) That the permittee has falsified information on the permit application; or (f) That the permittee or his/her temporary agent has arranged for the wholesaling of any animal, or its sale to laboratories for experimentation; or (g) That the permittee or his/her temporary agent has operated or maintained his/her kennel, aviary or stable in such a manner as to violate any noise, nuisance, restraint or license ordinance in the City of Anaheim; or
(h) That the permittee or his/her temporary agent has located a lost or stolen animal, has taken possession of such animal, and has wilfully failed to notify known owners as to the whereabouts of their lost or stolen animal or has failed to check for identification marks on such animal such as registered tattoos, or has refused to return a duly identified animal to its rightful owner; or (i) That the permittee or his/her temporary agent has failed to comply with State or local mandatory vaccination or neutering provisions or has failed to implement any other mandatory birth control measure for any animal prior to its release to new owners.
In the event that any permit issued pursuant to the provisions of this section has been revoked, the permittee shall be granted a reasonable period of time in which to place or remove all animals lawfully licensed and maintained under the provisions of this section. However, upon revocation of his/her permit, the permittee may continue to harbor/maintain dogs, cats and/or birds in numbers that do not require issuance of a private kennel/aviary/stable permit. On revocation of a permit, no part of the permit fee is refundable.
Any permittee whose permit has been revoked by the City of Anaheim pursuant to this section may file an appeal as prescribed under the appeal process provisions of this chapter. .100 Subsequent Permit Applications. If a private kennel/aviary/stable permit has been denied or revoked for cause, the Code Enforcement Manager shall not accept a new application for the same activity at the same location or an application by the same applicant at a different location less than six months after such denial or revocation, unless the applicant affirmatively shows that the grounds upon which the application was denied or the permit revoked, no longer exist. (Ord. 5138 § 2 (part); June 19, 1990; Ord. 5226 § 4; June 4, 1991; Ord. 5374 § 9; June 22, 1993; Ord. 5428 §§ 10, 11; June 14, 1994.)
8.08.080 ANIMALS AT LARGE (RESTRAINTS) AND PUBLIC NUISANCE. .010 Animal Restraint.
(a) No person either owning or having charge, care, control, possession or custody of any dog shall cause, permit or allow, either willfully or through failure to exercise due care or control, such dog to be present upon or to run at large upon any highway, street, alley, public park or playground, or other public place, or upon any private property or premises other than his or her own (if the private property or premises is open or accessible to the public) without the written consent of the owner or lessee of such land, unless such dog is securely restrained by a substantial leash, chain or other restraint not exceeding six feet in length, and in the charge, care, control, possession or custody of a person competent to restrain such dog. This Section shall not apply to a person either owning or having charge, care, control, possession or custody of a dog in a Dog Park, as defined under Chapter 13.14.
(b) No person either owning or having the charge, care, control, possession or custody of any dog shall cause, permit 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. This section, however, does not prohibit the use of dogs on school property for teaching or other school uses when approved by the school officials. The prohibition contained in this section shall not be applicable to any guide dog while being used by a blind person provided that the dog is on a leash, carries clearly visible identification, and the person in charge has an official identification card issued for such purposes. .020 Property Damage.
(a) No person owning or having charge, care or custody of any animal, shall permit such animal to damage or destroy the property of any person other than that of the owner of such animal. (b) Parkways comprising the area between the street and sidewalk shall be included as private property for the purpose of this chapter.
.030 Female Dogs During Breeding Period. During the breeding period, female dogs shall be confined in a building or secure enclosure in such a manner that they cannot come into contact with other animals, except for planned breeding.
.040 Wild Animals to be Confined. No person owning or having charge, care or custody of any wild animal or operating any wild animal establishment, shall fail, refuse or neglect to keep all wild animals under proper confinement on the premises, or cause, permit, suffer or allow any wild animal to be or run at large, nor shall any such person maintain any wild animal on or within any premises in such manner as to endanger the life or limb of any person lawfully entering such premises.
.050 Tying Animals to Trees. No person shall tie any animal to any shrub or tree growing along any public sidewalk or street of the City.
.060 Animal Noises Prohibited. It shall be unlawful for any person to keep, maintain or permit on any lot, parcel of land or premises under his/her control, any animal, which by any sound or cry shall disturb the peace and comfort of the inhabitants of the neighborhood or interfere with the reasonable and comfortable enjoyment of life or property. .070 Dog Defecation to be Removed by Owners. It shall be unlawful for the owner or person having custody of any dog to fail to immediately remove and dispose of in a sanitary manner, by placing in a closed or sealed container and depositing in a trash receptacle, any feces deposited by such dog upon public or private property, without the consent of the public or private owner or person in lawful possession of the property other than property owned or controlled by the owner or person having custody of such dog. The provisions of this subsection shall not apply to a blind person being accompanied by a guide dog. Notwithstanding any other provision of this Code, every violation of any of the provisions of this section shall be an infraction, punishable by a fine of fifty dollars. (Ord. 5138 § 2 (part); June 19, 1990; Ord. 5374 § 10; June 22, 1993; Ord. 5428 § 12; June 14, 1994; Ord. 6314 § 2; February 3, 2015.)
8.08.090 VICIOUS ANIMALS.
.010 Dangerous Animals at Large. It shall be unlawful for any person owning or having possession, custody, charge or control of animals known by such person to be dangerous to cause or permit such animals to run loose about said person's premises in a manner endangering any person lawfully entering such premises, or cause or permit the animal to be unrestrained upon or about any public street, sidewalk, park, school yard, or property of other persons. .020 Declaration and Possession of Vicious Dog.
(a) If the Code Enforcement Manager or his designee has cause to believe that a dog is a "vicious dog" within the meaning of this section, he or she may tentatively find and declare such a dog a "vicious dog."
(b) Upon tentatively finding and declaring that a dog is a "vicious dog," the Code Enforcement Manager or his designee shall notify the owner and/or custodian in writing of his or her tentative finding and declaration.
(c) The notice shall inform the owner and/or custodian of such dog that he or she may request a hearing in writing before the Code Enforcement Manager or his designee within five working days of receipt of such notice to contest the tentative finding and declaration. Any such hearing shall be requested and conducted as provided in subsection (d) of this section. (d) Failure of the owner and/or custodian to request a hearing pursuant to this section shall result in the declaration becoming final.
(e) The possession or maintenance of a "vicious dog," or the allowing of any such dog to be in contravention of this division, is hereby declared to be a public nuisance. The Code Enforcement Manager or his designee is hereby authorized and empowered to impound and/or abate any "vicious dog" independently of any criminal prosecution or the results thereof by any means reasonably necessary to ensure the health, safety and welfare of the public, including, but not limited to, the destruction of the dog or by the imposition upon the owner and/or custodian of specific reasonable restrictions and conditions for the maintenance of the dog. The restrictions and conditions may include but are not limited to:
(1) Obtaining and maintaining liability insurance in the amount of one hundred thousand dollars against bodily injury or death or damage to property and furnishing a certificate or proof of insurance by which the Code Enforcement Manager or his designee shall be notified at least ten days prior to cancellation or non-renewal or, at the owner's or custodian's option, the filing with the director of proof of a bond in the amount of one hundred thousand dollars, to be able to respond to damages;
(2) Requirements as to size, construction and design of the dog's enclosure; (3) Location of the dog's residence;
(4) Requirements as to type and method of restraints and/or muzzling of the dog; (5) Photo identification or permanent marking of the dog for purposes of identification; (6) Requirements as to the posting of a warning notice or notices conspicuous to the public warning persons of the presence of a vicious dog;
(7) Payment of a fee or fees as established.
(f) At least five working days prior to impoundment and/or abatement, the owner or custodian shall be notified in writing of their right to request a hearing in writing to determine whether grounds exist for such impoundment and/or abatement. If a hearing is requested, the impoundment and/or abatement hearing may be held in conjunction with the hearing provided for in this section.
If the owner or custodian requests a hearing prior to impoundment and/or abatement, no impoundment and/or abatement shall take place pending decision by the Code Enforcement Manager or his designee following a hearing, except as provided in subsection (c) of this section.
Pending such impoundment and/or abatement hearing and decision by the Code Enforcement Manager or his designee, the Code Enforcement Manager or his designee may order the owner or custodian to keep the dog within a substantial enclosure or securely attached to a chain or other type of control which the Code Enforcement Manager or his designee may deem necessary under the circumstances. The Code Enforcement Manager or his designee may also order the owner or custodian to post and keep posted upon the premises where such dog is kept under restraint, a warning notice pending such impoundment and/or abatement hearing and decision by the Code Enforcement Manager or his designee. The form, content and display of such notice shall be specified by the Code Enforcement Manager or his designee. Any hearing under this subsection shall be conducted in accordance with subsection (d) of this section. (g) When, in the opinion of the Code Enforcement Manager or his designee, immediate impoundment is necessary for the preservation of animal or public health, safety or welfare, or if the dog has been impounded under other provisions of this Code or State law, the pre- impoundment hearing shall not be required; however, the owner or custodian shall be given written notice allowing five working days from receipt of such notice to request in writing an abatement hearing. If requested, a hearing shall be held within five working days of receipt of the request by the Code Enforcement Manager or his designee and the dog shall not be disposed of prior to the decision of the Code Enforcement Manager or his designee following such hearing. A hearing under this subsection shall be conducted in accordance with subsection (d) of this section except as otherwise indicated. If, after five working days following receipt of such notice, no written request for a hearing is received from the owner or custodian, the dog in question shall be disposed of under applicable provisions of law.
(h) Except as otherwise provided in subsection (c) of this section, the Code Enforcement Manager or his designee shall conduct a hearing within fifteen days following receipt of a written request from the owner or custodian requesting a hearing under this section, and notice of the time, date and place thereof shall be mailed to the person requesting the hearing at the address given in the hearing request, at least ten days prior to the hearing. (i) At the hearing each party shall have the right to call and examine witnesses, to introduce exhibits, to cross-examine opposing witnesses, impeach any witness, and to rebut the evidence against him or her. The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection civil actions. The rules of privilege shall be effective to the same extent that they are now or hereafter may be recognized in civil actions, and irrelevant or unduly repetitious evidence shall be excluded.
(j) Within fifteen days following the conclusion of the hearing, the Code Enforcement Manager or his designee shall determine, on all the evidence presented to him or her, or on the summary of evidence and findings of fact and recommendations of the person holding the hearing, whether any designation, impoundment and/or abatement under this section should be rescinded or amended.
Within five working days following such decision, the Code Enforcement Manager or his designee shall notify in writing the person requesting the hearing of his or her determination as to any issue as to which the hearing was requested.
(k) In the event of changed circumstances, the Code Enforcement Manager or his designee may amend or rescind any abatement and/or impoundment imposed pursuant to this section. Any such revision to the abatement and/or impoundment due to changed circumstances shall be subject to the same notice, hearing and other procedural requirements as required for imposing initial abatement and/or impoundment set forth in subsections (b), (c) and (d) of this section. (l) Owners of a vicious dog who sell or otherwise transfer the ownership, custody or residence of the dog shall at least ten days prior to the sale or transfer, inform the Code Enforcement Manager or his designee in writing of the name, address and telephone number of the new owner, custodian and/or residence and the name and description of the dog. The owner shall, in addition, notify the new owner or custodian in writing of the details of the dog's record, terms and conditions of maintenance and provide the Code Enforcement Manager with a copy thereof containing an acknowledgment by the new owner or custodian of his or her receipt of the original. The Code Enforcement Manager or his designee shall notify the new owner or custodian in writing of any different or additional restrictions or conditions imposed pursuant to this section as a result of the change of ownership, custody or residence. The imposition of any such different or additional restrictions or conditions shall be subject to the same notice, hearing and other procedural requirements as required for imposing an initial abatement and/or impoundment set forth in this section.
(m) It is unlawful to have custody of, own or possess a vicious dog within the meaning of this section unless it is restrained, confined or muzzled so that it cannot bite, attack or cause injury to any person.
(n) It shall be unlawful for the owner and/or custodian of a dog declared vicious pursuant to subsection (a) to fail to comply with any requirements or conditions imposed pursuant to this section. If a vicious dog escapes, the owner and/or custodian shall immediately notify the Code Enforcement Manager or his designee and make every reasonable efforts to recapture it. .030 Restraint.
(a) Dog owners and custodians of dogs shall, at all times, take all reasonable precautions to prevent their dogs from biting, attacking or attempting to bite or attack any person or from interfering with the use of public or private property. It shall be unlawful for any person to fail to comply with this subsection.
(b) Any person owning or having custody or control of a vicious dog commits a violation of this Code if, as a result of that person's failure to exercise ordinary care, the dog bites, attacks, wounds or otherwise injures or kills a human being and the owner or custodian knew or should have known of the vicious or dangerous nature of the dog. (c) Nothing in this section shall authorize the bringing of a criminal action pursuant to a violation of subsection (a) or (b) of this section if the bite, attack, attempted bite or attack, injury or threat was sustained by a person who, at the time, was committing a willful trespass upon the premises occupied by the owner or custodian of the dog, or was committing or attempting to commit a crime upon the premises occupied by the owner or custodian of the dog, or was teasing, tormenting, abusing or assaulting the dog or who has, in the past, teased, tormented, abused or assaulted the dog.
(d) It shall be unlawful for any person, firm or corporation to violate any provision or to fail to comply with any of the requirements of this subsection. Any person, firm or corporation violating any provision of this subsection or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor. (Ord. 5138 § 2 (part); June 19, 1990: Ord. 5374 § 11; June 22, 1993:
Ord. 5428 § 13; June 14, 1994: Ord. 5866 § 12; June 17,2003.)
8.08.100 ANNEXED TERRITORY — COUNTY LICENSE ACCEPTABLE.
It shall not be necessary for a person who is a resident of an area at the time the area is annexed to the City or at the time the City takes control of the issuance of dog licensing, and who at said time, owns or has in his custody or control, a dog for which a license fee has been paid and a dog license issued under and by virtue of the ordinances of the County of Orange to obtain a tag for the animal as provided in Section 8.08.020; provided, however that after the effective date of an annexation or the City taking control of the issuing of dog licensing, such person shall cause the dog to have upon it a collar, harness or similar device to which shall be attached the county dog license tag or such other official indicia as is issued by the county. Such person shall be subject to all provisions of Section 8.08.020 from and after the expiration date of the County of Orange dog license. (Ord. 5138 § 2 (part); June 19, 1990.)
8.08.110 CITY ZONING REGULATIONS.
Notwithstanding any provision to the contrary herein contained, it is expressly ordained that the zoning regulations of the City of Anaheim covering the animal control, welfare and/or number, type, health and possession of animals shall be superior, and in the event of conflict with any of the provisions of this chapter, the zoning regulations shall control over the provisions of this chapter. (Ord. 5138 § 2 (part); June 19, 1990.)
8.08.120 APPEAL PROCESS.
Any person aggrieved by a decision of the Code Enforcement Manager or any other officer of the City, made pursuant to the provisions of this chapter may appeal therefrom to the City Manager within fifteen days after notice thereof by filing with the Code Enforcement Manager a written notice of appeal, briefly stating in such notice the grounds relied upon for appeal. If such appeal is made within the time prescribed, the Code Enforcement Manager or his designee shall cause the matter to be set for hearing before the City Manager or his designee within thirty days from the date of receipt of such notice to appeal, giving the appellant not less than ten days notice in writing of the time and place of hearing. The findings and determinations of the City Manager or his designee at such hearing shall be final and conclusive. No such determination shall conflict with any substantive provisions of this chapter. Within ten days after such findings and determination are made, the Code Enforcement Manager or his designee shall give notice thereof to the appellant. (Ord. 5138 § 2 (part); June 19, 1990: Ord. 5428 § 14; June 14, 1994.)
8.08.130 PENALTY FOR VIOLATION.
Any person violating any of the provisions of this chapter shall be deemed guilty of a criminal infraction except where this chapter specifically provides said violation is a misdemeanor.
Every violation of the provisions of this chapter determined to be a criminal infraction shall, upon conviction thereof, be punishable by a maximum fine of two hundred fifty dollars. Each day any such violation of any said provision of this chapter shall continue shall constitute a separate offense.
Every violation of the provisions of this chapter deemed to be a misdemeanor, upon conviction thereof shall be punishable in accordance with the penalties set forth in Section 1.01.370 of this Code. (Ord. 5138 § 2 (part); June 19, 1990.)
8.08.140 REFUNDS.
.010 Any tax, or penalties thereon, or portion thereof, paid pursuant to this chapter shall be refunded, if they were:
(a) Paid more than once; or
(b) Erroneously or illegally collected.
.020 Notwithstanding any other provision contained in this chapter to the contrary, any person tendering payment of any fee or penalties to the City pursuant to any provision of this chapter shall for all purposes thereafter be precluded and barred from appealing, contesting or otherwise challenging the validity or amount of any such fee or penalties, or seeking refund of all or any portion thereof, pursuant to any otherwise available procedure set forth in this chapter, or otherwise available by law unless the payment is made under written protest to the City. The written protest shall be deemed made for purposes of this section only by one of the following methods: (1) a written notation set forth on the check, draft, money order, or other negotiable instrument by which payment is tendered, indicating that such payment is made under protest; or (2) a written notice addressed and delivered to the Code Enforcement Manager or his designee at the time of payment indicating that such payment is made under protest. (Ord. 5226 § 5 (part); June 4, 1991: Ord. 5374 § 13; June 22, 1993: Ord. 5428 § 15; June 14, 1994.)
8.08.150 CLAIM FOR REFUND.
No lawsuit seeking to recover fees paid under protest and denied pursuant to the administrative appeal provisions of Section 8.08.120 shall be filed except after filing a claim thereof pursuant to applicable claims requirements. (Ord. 5226 § 5 (part); June 4, 1991.)
8.08.160 DELINQUENT PAYMENT.
Notwithstanding any other provision hereof, any person who fails to pay any animal license or permit fee imposed by this chapter within fifteen days of the expiration shall pay a penalty in an amount established by the Board of Supervisors of the County of Orange or their lawful designee; provided, however, that the amount of the penalty shall not exceed twice the amount of the license or permit fee which is delinquent. The penalty shall be added by the Code Enforcement Manager or his designee on the first day immediately following the due date thereof. (Ord. 5226 § 6; June 4, 1991: Ord. 5374 § 14; June 22, 1993: Ord. 5428 § 16; June 14, 1994.) Chapter 8.10
BARKING DOG VIOLATIONS AND CIVIL FINES
Sections:
8.10.010 Applicability of chapter.
8.10.020 Definitions.
8.10.030 Barking dog citationgeneral.
8.10.040 Barking dog citation contents.
8.10.050 Service of barking dog citation.
8.10.060 Amount of barking dog civil fines.
8.10.070 Payment of barking dog civil fines.
8.10.080 Administrative hearing.
8.10.090 Hearing procedures.
8.10.100 Administrative hearing decision.
8.10.110 Right to judicial review.
8.10.120 Collection of unpaid fines.
8.10.010 APPLICABILITY OF CHAPTER.
.010 Notwithstanding any other provision of this Code to the contrary, this chapter makes any violation for keeping, maintaining, or permitting a barking dog as defined in Section 8.10.020 of this chapter subject to the civil fines set forth in this chapter and establishes the administrative procedures for the imposition, enforcement, collection, and administrative review of civil fines for barking dog violations pursuant to Government Code Section 53069.4 and the City’s powers as a charter city.
.020 The issuance of any civil citation under this chapter is solely at the City’s discretion and is one option the City has to address barking dog violations. By adopting this chapter, the City does not intend to limit its discretion to utilize any other remedy, civil or criminal, including those public nuisance remedies otherwise provided by law.
.030 The purpose of issuing civil citations pursuant to this chapter is to encourage voluntary and complete compliance with the provisions of this Code and to eliminate nuisances for the protection and benefit of the entire community.
(Ord. 6102 § 1 (part); April 22, 2008.)
8.10.020 DEFINITIONS.
The following definitions apply to the use of these terms for the purposes of this chapter:
.010 “Animal Care Services” means the department within Orange County Health Care Agency authorized to perform the functions described in this chapter and any other ordinance or law that delegates such authority to the Animal Care Services Department or its director; or, in the event the provisions of this chapter are administered and enforced by employees of the City of Anaheim, such term shall mean the Community Preservation Division of the Planning Department of the City of Anaheim.
.020 “Barking dog” means a dog that barks, bays, cries, howls or makes any noise for an extended period of time to the disturbance of any person at any time of day or night, regardless of whether the dog is physically situated in or upon private property. Such extended period of time shall consist of incessant barking for 30 minutes or more in any 24-hour period, or intermittent barking for 60 minutes or more during any 24-hour period. A dog shall not be deemed a “barking dog” for purposes of this chapter if, at any time the dog is barking, a person is trespassing or threatening to trespass upon private property in or upon which the dog is situated, or when the dog is being teased or provoked.
.030 “City” means the City of Anaheim.
.040 “Civil citation” means a notice issued pursuant to this chapter that there has been a violation of this chapter.
.050 “County” means the County of Orange.
.060 “Day or days” as used in this chapter shall mean calendar day or calendar days, respectively, unless otherwise expressly provided. This time in which any act provided by law is to be done is computed by excluding the first day and including the last, unless the last day is a holiday, and then it is also excluded.
.070 “Director” means the Director of Animal Care Services, or his or her designee; or, in the event the provisions of this chapter are administered and enforced by employees of the City of Anaheim, such term shall mean the Community Preservation Manager of the City of Anaheim. .080 “Enforcement Officer” means any Animal Care Services employee or agent designated in writing by the Director, or any Community Preservation Officer of the City of Anaheim. .090 “Hearing Officer” means a person appointed by the County Executive Officer or designee to serve as a Hearing Officer for administrative hearings and assigned to hear matters pursuant to this chapter, or any person appointed by the City Manager of the City to hold such hearings. .100 “Issued” means giving a civil citation to a violator. Issuance occurs on the date when a barking dog civil citation is personally served on the violator, or the date is mailed to the property where the barking dog is located or where the barking dog violation occurred, or the date the citation is posted in a conspicuous place either on the property where the barking dog is located or where the barking dog violation occurred. When service is made by posting, the barking dog citation shall also be mailed within 24 hours of posting to any address known for the violator. .110 “Notice of Decision” means a form used by a Hearing Officer to inform a violator and/or complainant of an administrative hearing decision regarding provisions of this chapter. .120 “Owner” means any person who possesses, has title to or an interest in, harbors or has control, custody or possession of a barking dog, and the verb forms of “to own” shall include all those shades of meaning.
.130 “Responsible Person.” A responsible person may also be referred to as a “violator” herein. A responsible person is any of the following:
.01 A person who allows a barking dog violation to exist, whether through willful action, failure to act, or failure to exercise proper control over a barking dog. .02 A person whose agent, employee, or independent contractor allows a barking dog violation to exist, whether through willful action, failure to act, or failure to exercise proper control over a barking dog.
.03 A person who is the owner of, and a person who is a lessee or sublessee with the current right of possession of, real property in or upon which a barking dog violation occurs. .04 For purposes of the chapter, “person” includes a natural person or legal entity, and the owners, majority stockholders, corporate officers, trustees, and general partners of a legal entity. .05 For the purposes of this chapter, there may be more than one responsible person for a barking dog violation, and a minor at least 14 years of age may be a responsible person subject to the provisions of this chapter.
(Ord. 6102 § 1 (part); April 22, 2008.)
8.10.030 BARKING DOG CITATIONGENERAL.
.010 Any Enforcement Officer has the authority to issue a civil citation to any responsible person for a barking dog violation that the Enforcement Officer did not see or hear occur based on a complaint, signed under penalty of perjury, lodged by a member of the community who has been disturbed by the barking dog. A responsible person to whom a civil citation is issued shall be liable for and shall pay to the City the fine or fines described in the barking dog citation when due. Where the responsible person is a minor under the age of eighteen (18) years, the minor’s parents or legal guardian shall be liable for and held responsible for payment of their minor child’s citation fines and/or late penalties. In any case, the responsible person (by his or her parents when the responsible person is under the age of eighteen) shall have the right to appeal the issuance of the citation pursuant to the provisions of this chapter.
.020 Prior to issuing a civil citation for a barking dog, the responsible person shall be given a 10-day period within which to correct the problem.
.030 Each day a barking dog violation exists beyond the initial 10-day period allowed for correction shall be a separate violation and be subject to a separate citation and fine. A barking dog civil citation may include a violation for one (1) or more days on which a violation exists, and for violation of one (1) or more Code sections.
(Ord. 6102 § 1 (part); April 22, 2008.)
8.10.040 BARKING DOG CITATION CONTENTS.
Each barking dog citation issued pursuant to this chapter shall contain the following information:
.010 Date on which a complaint or personal inspection established the barking dog violations(s).
.020 Name of the responsible person for the barking dog violations(s) (if known). .030 Address where the barking dog violations(s) occurred. .040 The Code section(s) violated.
.050 Whether the violations(s) were established by inspection or by complainant. .060 Amount of the fine for the violation(s) and procedure to pay the fine to avoid a late payment penalty.
.070 Designation of prior civil citation issued for the same Code violation(s), if known by the Enforcement Officer.
.080 Notification of an assigned administrative hearing date, time and location where the civil fine may be contested.
.090 Description of the procedure for requesting a continuance of the assigned administrative hearing.
.100 A notice that a barking dog violation is a nuisance and that collection of unpaid fines and/or penalties can result in additional fines, penalties and/or imprisonment in the County jail. .110 Signature of the Enforcement Officer who issued the barking dog citation and/or civil fine. .120 Date upon which the barking dog citation and/or civil fine was issued. .130 Proof of service to be completed by the Enforcement Officer indicating whether the citation was issued by personal service, by mail, or by posting in a conspicuous place on the property where the barking dog violation occurred.
.140 A self-addressed envelope in which the violator can mail the civil fine if the citation is not contested.
.150 Any other information deemed necessary by the Enforcement Officer for enforcement or collection purposes.
(Ord. 6102 § 1 (part); April 22, 2008.)
8.10.050 SERVICE OF BARKING DOG CITATION.
A barking dog citation may be served by any of the following methods:
.010 An Enforcement Officer may personally serve the barking dog citation on the responsible person. The responsible person shall be requested to sign a copy of the citation showing his or her receipt of the citation and notice of the responsible person’s right to an administrative hearing.
Signing the citation shall not constitute an admission of guilt. If the responsible person fails, refuses or is otherwise unable to sign the citation, that fact shall be noted on the citation at the time of personal service and such failure to sign shall not affect the validity of the personal service. .020 An Enforcement Officer may mail the civil citation by certified mail, return receipt requested, if the property owner and/or occupier’s name is known but the violator is not present when personal service is attempted. The citation shall be mailed to the address where the barking dog violation occurred.
.030 An Enforcement Officer may post a copy of the barking dog citation in a conspicuous place on the property where the barking dog violation occurred if the property owner and/or occupier’s name is unknown. In this event, the citation shall also be mailed addressed to the owner of the property where the barking dog violation occurred as reflected on the County’s property tax rolls. A copy of the citation shall also be mailed within 24 hours of posting the citation addressed to “Resident” at the address where the barking dog violation occurred. (Ord. 6102 § 1 (part); April 22, 2008.)
8.10.060 AMOUNT OF BARKING DOG CIVIL FINES.
.010 Fines for violating the provisions of this chapter shall be as follows:
Fine for First Barking Dog Violation Citation Issued (Per Citation): $250.00 Fine for Second Barking Dog Citation Issued within Same 12-month Period (Per Citation): $275.00 Fine for Third Barking Dog Citation Issued within Same 12-month Period (Per Citation): $303.00 Fine for Fourth Barking Dog Citation Issued within Same 12-month Period (Per Citation): $333.00 Fine for Fifth Barking Dog Citation Issued within Same 12-month Period (Per Citation): $366.00 Fine for Sixth and Subsequent Barking Dog Citations Issued within Same 12- month Period (Per Citation):
$403.00
.020 The amount due and owing for any fine, or portion thereof, not paid within fifteen (15) days of the due date thereof shall be double the unpaid fine amount. (Ord. 6102 § 1 (part); April 22, 2008.)
8.10.070 PAYMENT OF BARKING DOG CIVIL FINES.
.010 After receiving a barking dog violation citation, a violator shall respond by either of the following methods:
.01 The violator may choose to correct the barking dog violation and pay the barking dog citation fine without contesting the fine in an administrative hearing. In that event, payment of the citation fine must be received by the Director prior to the date assigned for administrative hearing as noted in the citation. Payment shall be made by enclosing the fine amount by check or money order in the self-addressed envelope attached to the civil citation and mailing the envelope to the Director by U.S. first class mail, postage prepaid. The Director may authorize payment to be made in accordance with any other method, at any location within the County, or to any address; or .02 A violator may choose to appear at an administrative hearing on the assigned administrative hearing date contained in the citation. In that event, the fine is due and payable to the Hearing Officer at the conclusion of the hearing if the Hearing Officer upholds the barking dog citation. The Hearing Officer may allow the violator an additional period of time within which to pay the fine if, in the Hearing Officer’s sole discretion, such additional time for payment is necessary.
.020 To avoid a late penalty, fines for barking dog violations must be received by the Director within fifteen (15) days of the date they are due as specified in paragraph .01 or .02 of subsection .010 above.
.030 Payment of a fine shall not excuse the violator from correcting the barking dog violation.
The issuance of a barking dog citation and/or payment of a fine shall not bar the County from taking any other enforcement action regarding a barking dog violation that is not corrected, including issuing additional barking dog citations and/or criminal complaints. .040 In the event that a fine imposed under the authority granted by this chapter, or any portion thereof, remains unpaid for fifteen (15) days after it is due and payable pursuant to paragraph .01 or .02 of subsection .010 above, an amount equal to the unpaid amount 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 as required at the conclusion of the hearing, or other time for payment determined by the Hearing Officer. (Ord. 6102 § 1 (part); April 22, 2008.)
8.10.080 ADMINISTRATIVE HEARING.
.010 Any person who receives a barking dog citation may contest it by appearing at the assigned administrative hearing date, time and location noted on the barking dog citation. A violator may contest the barking dog citation by denying that a violation occurred, by denying that it was not corrected within the original 10 day correction period, if applicable, or by denying that the violator is a responsible person for the violation.
.020 If the citation fine is not paid prior to the assigned date and time of the administrative hearing noted on the barking dog citation, the violator must personally attend the administrative hearing on the date, time and place specified. A failure to personally appear at the administrative hearing shall constitute an abandonment of any defense the violator may have to the barking dog citation. (Ord. 6102 § 1 (part); April 22, 2008.)
8.10.090 HEARING PROCEDURES.
.010 Hearings shall be conducted by a Hearing Officer either: (i) on the date and at the time and place specified in the barking dog citation, or (ii) on the date assigned when a continuance pursuant to subsection .060 below has been granted. The violator and complainant shall be notified of the assigned hearing date, time and location by the Director or his or her designee. .020 The Director or his or her designee will provide all pertinent documents and records in the possession of Animal Care Services related to the barking dog citation are delivered to the Hearing Officer.
.030 The violator and complainant shall be given the opportunity to testify and to present evidence relevant to the barking dog citation. A parent or legal guardian of a violator, who is a juvenile, under eighteen (18) years of age, must accompany the juvenile to the hearing or the administrative hearing will be deemed abandoned by the violator. Such abandonment shall also constitute a failure to exhaust administrative remedies concerning the violation set forth in the barking dog citation.
.040 The citation itself and accompanying complainant’s affidavit signed under penalty of perjury attesting to the barking dog violation provided to the Hearing Officer shall be accepted by the Hearing Officer as prima facie evidence of the violation and the facts stated in such documents. .050 Neither the Enforcement Officer nor any other representative of the County or City shall be required to attend the hearing. However, any such appearance and/or additional submission may be made at the discretion of the Enforcement Officer or any other Animal Care Services employee. .060 The Director may continue a hearing once if a request for continuance is made showing good cause by a violator, a complainant, or a representative of the County or City. A Hearing Officer may also continue a hearing upon his or her own motion. All continuance requests shall either: (i) be made in person at the hearing, or (ii) be made by a written request received by the Director via e-mail, facsimile or letter at least seven calendar days prior to the hearing date. If a continuance is granted, the parties will be notified, and a new hearing date shall be scheduled that is within fourteen (14) days of the date on which the continued hearing was first scheduled to take place. If the request for continuance is denied, the parties will be notified, and the hearing shall proceed as originally scheduled. If the violator or complainant is not present on an assigned hearing date and no continuance of the hearing has been granted, the hearing shall be deemed abandoned or dismissed in accordance with subsection .090 below.
.070 The hearing shall be conducted informally and the legal rules of evidence need not be followed.
.080 The Hearing Officer does not have the authority to issue a subpoena or subpoena duces tecum.
.090 The failure of the violator to appear at the hearing, unless the hearing was continued per subsection .060 above, shall constitute an abandonment of the administrative hearing, and a failure to exhaust administrative remedies concerning the violation set forth in the barking dog citation.
The violator’s failure to appear shall be noted on the notice of decision completed by the Hearing Officer and mailed to the violator and complainant. The failure of the complainant to appear at the hearing, unless the hearing was continued per subsection .060 above, shall constitute an abandonment of the complaint and shall be grounds for a dismissal of the barking dog citation.
The complainant’s failure to appear shall be noted on the notice of decision completed by the Hearing Officer and mailed to the violator and complainant. (Ord. 6102 § 1 (part); April 22, 2008.)
8.10.100 ADMINISTRATIVE HEARING DECISION.
.010 After considering all the evidence and testimony submitted at an administrative hearing, the Hearing Officer shall issue a written decision to the violator and complainant to uphold or to dismiss the barking dog citation based upon a conclusion of whether or not a violation occurred for which the violator was a responsible person. The Hearing Officer’s decision is final. The Hearing Officer has no discretion or authority to reduce the amount of a fine. .020 If the Hearing Officer’s decision is to uphold the barking dog citation, the civil fine imposed for the violation shall be due at the conclusion of the administrative hearing, or at some other time as directed by the Hearing Officer. If the decision is to dismiss the barking dog citation, the civil fine shall no longer be due and payable.
.030 The Hearing Officer’s continued employment, performance evaluation, compensation, and benefits shall not directly or indirectly be linked to the amount of citations upheld or dismissed, or the amount of fines upheld, by the Hearing Officer.
(Ord. 6102 § 1 (part); April 22, 2008.)
8.10.110 RIGHT TO JUDICIAL REVIEW.
.010 A responsible person may seek judicial review of the administrative hearing decision by filing an appeal with the Superior Court within twenty (20) calendar days after the responsible person receives a copy of the notice of decision at the conclusion of the hearing in accordance with the provisions of California Government Code Section 53069.4. The appeal filed with the court must also contain a proof of service showing that a copy of the appeal was served upon “City Clerk of the City of Anaheim, 200 South Anaheim Boulevard, Anaheim, California 92805.” The responsible person must pay the appropriate Superior Court filing fee when the appeal is filed. .020 No judicial appeal is permitted where a violator has failed to appear at an assigned administrative hearing, or is deemed to have abandoned the contest of the barking dog citation by an unexcused nonappearance at the hearing, or where a citation has been dismissed by a Hearing Officer because a complainant has failed to appear at an assigned administrative hearing. (Ord. 6102 § 1 (part); April 22, 2008.)
8.10.120 COLLECTION OF UNPAID FINES.
.010 The City at its discretion may pursue 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 chapter have been collected.
.020 Failure to timely remit payment of a citation fine and/or late penalty authorized under subsection .040 of Section 8.10.070 above 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 pursuant to Section 1.01.370 of this Code, punishable by a fine of not more than one thousand dollar ($1,000) or by imprisonment in the County jail for a period of not more than six (6) months or by both such fine and imprisonment.
(Ord. 6102 § 1 (part); April 22, 2008.)
Chapter 8.20 WILD ANIMALS
Sections:
8.20.010 Wild animal defined.
8.20.020 Wild animals not permitted in city—Exceptions.
8.20.030 City zoning regulations.
8.20.010 WILD ANIMAL DEFINED.
The term "wild animal" means and includes any animal, reptile, fowl or fish which is not naturally tame or gentle but is of a wild nature or disposition or which is known to be vicious and which must be kept in confinement to be brought within the immediate power of the owner.
This section shall not prohibit animals, gentle as found in nature, such as small turtles, nondangerous birds, small, nonpoisonous snakes, nonharmful fish, or small monkeys, if gentle as found in nature. (Ord. 2598 § 1 (part); December 10, 1968.)
8.20.020 WILD ANIMALS NOT PERMITTED IN CITY — EXCEPTIONS.
It is unlawful for any person to keep or maintain, or cause to be kept or maintained, within the City of Anaheim, any wild animal as described in Section 8.20.010.
The provisions of this section shall not prohibit the keeping or maintaining of the following wild animals within the City of Anaheim:
.010 Wild Animals in Zoos or Museums. Any wild animals which are kept confined in zoos or museums for the public to view;
.020 Wild Animals in Circuses, Carnivals, Exhibits or Shows. Any wild animals which are kept and confined and placed on exhibit in a circus, carnival or any other type of exhibit or show in accordance with a permit issued pursuant to Section 18.38.095 of this Code; provided, however, the Health Inspection Fees shall have been obtained as required by Title 8, Chapter 8.08, Section 8.08.010, et seq., of the Anaheim Municipal Code, for all wild animals in circuses, carnivals, exhibits or shows;
.030 Wild animals in bona fide, licensed veterinary hospitals for treatment.
Dangerous or poisonous reptiles may be maintained by bona fide educational institutions for the purpose of instruction, provided such reptiles are securely confined and are properly cared for in a manner satisfactory to the County Poundmaster. (Ord. 2598 § 1 (part); December 10, 1968: Ord. 4090 § 4; January 2, 1980: Ord. 6245 § 19; June 5, 2012.)
8.20.030 CITY ZONING REGULATIONS.
Any provisions to the contrary herein contained, it is expressly ordained that the zoning regulations of the City of Anaheim covering the animal control, welfare and/or number, type, health and possession of animals shall be superior, and in the event of conflict with any of the provisions of this chapter, the zoning regulations shall control over the provisions of this chapter. (Ord. 3652 § 2; May 31, 1977.)
CHAPTER 8.24 ADOPTION OF ANIMAL CONTROL ORDINANCES OF THE COUNTY OF ORANGE, CALIFORNIA.
8.24.010 Adoption of Orange County Ordinances
8.24.020 Penalties
8.24.030 Amendment
8.24.040 City Zoning Regulations
8.24.010 ADOPTION OF ORANGE COUNTY ORDINANCES.
.010 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 of Title 4;
(b) Article 1 of Divisions 1 of Title 5;
(c) Sections 5-1-29 and 5-1-30 of Article 2 of Division 1 of Title 5; (d) Article 3 of Division 1 of Title 5;
(e) Division 2 of Title 5; and
(d) Article 17 of Division 3 of Title 5;
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 Anaheim 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 Anaheim. 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 Anaheim, is to be kept on file at the office of the City Clerk of the City of Anaheim for public inspection.
8.24.020 PENALTIES
.010 Any person who violates any provision of this Chapter shall be guilty of an infraction, except as otherwise provided in this Section 8.24.020.
.020 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 (1) year of the occurrence of two (2) 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.
.030 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 fifteen (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.
.040 Any person convicted of a misdemeanor for a violation of any of the provisions of this Chapter shall, unless otherwise specifically provided in this section or by statute, be punishable by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment in the County Jail for a period of not more than six (6) months or by both such fine and imprisonment. .050 Any person convicted of an infraction for a violation of any of the provisions of this Chapter shall, unless otherwise specifically provided in this Chapter or by statute, be punishable by: (1) A fine not exceeding one hundred dollars ($100.00) for a first violation; (2) A fine not exceeding two hundred dollars ($200.00) for a second violation of the same Code provision within a period of one year; (3) A fine not exceeding five hundred dollars ($500.00) for each additional violation of the same ordinance within one year.
.060 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.
.070 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. .080 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:
(1) Fine for first offense (per citation)……$250.00
(2) Fine for second offense within same twelve-month period (per citation)……$275.00 (3) Fine for third offense within same twelve-month period (per citation) ..........$303.00 (4) Fine for fourth offense within same twelve-month period (per citation) ........$333.00 (5) Fine for fifth offense within same twelve-month period (per citation) ...........$366.00 (6) Fine for sixth and subsequent offense within same twelve-month period……$403.00 (per citation)
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 thirty (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 thirty (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 one thousand dollars ($1,000) or by imprisonment in the County jail for a period of not more than six (6) 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.
8.24.30 AMENDMENTS
The ordinances adopted hereby are intended to apply to animal control and regulation within the jurisdiction of the City of Anaheim 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 Anaheim, 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.
8.24.040 CITY ZONING REGULATIONS
Notwithstanding any provision to the contrary herein contained, it is expressly ordained that the zoning regulations of the City of Anaheim covering the animal control, welfare and/or number, type, health and possession of animals shall be superior, and in the event of conflict with any of the provisions of this Chapter, the zoning regulations shall control over the provisions of this Chapter.”