Laguna Niguel City Council
June 7, 2022

CITY OF LagunA NigueL

CITY COUNCIL AGENDA ITEM
1989
To: Honorable Mayor and Council Members
FROM: Jonathan Orduna, Community Development Director
DATE: June 7, 2022
SUBJECT: Second Reading and Adoption of Ordinance No. 2022-215, Amending the Animal Control, Welfare, and License Provisions of the Laguna Niguel Municipal Code

RECOMMENDATION
Staff recommends that the City Council conduct second reading, by title only, and adopt Ordinance No. 2022-215.

AN ORDINANCE OF THE CITY OF LAGUNA NIGUEL,
CALIFORNIA, AMENDING DIVISION 1 AND ADDING NEW
DIVISIONS 2 AND 3 TO TITLE 10 (ANIMALS), AND
AMENDING DIVISIONS 1, 2, AND 3 OF TITLE 5
(BUSINESS AND SPECIAL LICENSES; BUSINESS

REGULATIONS), TO CONSOLIDATE ALL REGULATIONS

RELATING TO ANIMAL SERVICES, ANIMAL CONTROL
AND ANIMAL BUSINESSES INTO TITLE 10 OF THE

LAGUNA NIGUEL MUNICIPAL CODE, AND MAKING A

DETERMINATION OF EXEMPTION UNDER CEQA IN

CONNECTION THEREWITH

BACKGROUND
During the City Council meeting held on May 17, 2022, the City Council discussed and introduced, by title only, Ordinance No 2022-215, to update the animal provisions in Title 10 (Animals) and Title 5 (Business and Special License) of the Laguna Niguel Municipal Code. Ordinance No. 2022-215 (Attachment A) serves to provide a specific reference to the animal provision updates. The City Council also directed that the proposed Ordinance be placed on the June 7, 2022, City Council agenda for second reading and adoption.

ANALYSIS
Material changes in the Ordinance include:

Vicious and Potentially Dangerous Dogs
The proposed addition of the term "potentially dangerous" to the existing vicious dog code provisions. This is standard language used by the majority of animal welfare agency's codes and was added to the California Food & Agriculture Code (Division 14, Chapter 9, Section 31602) a decade ago. This change would expand discretion for Animal Services to potentially choose a lesser declaration when dealing with dogs with aggressive propensities. Currently, Animal Services only has the ability to declare a dog vicious after a severe incident which requires a process through the State Court system as defined by State Law. By adding this option, the Animal Services would have the ability to declare a dog potentially dangerous which would help address situations that have a public safety impact, but where the incident does not rise to the level of a vicious dog declaration.

These situations include dogs who:
• On two occasions within a 36-month period engages in behavior that requires a defensive action to prevent bodily injury.
• Have two unprovoked dog bites (causing any injury less than a severe injury) within a 36-month period.

Have caused serious injury or killed a domestic animal, livestock, or horse.

Any dog that that has been deemed by another governmental jurisdiction as "potentially dangerous," or "dangerous," or similar comparable designation.

The vicious dog definition would include updated language that allows for the following:
• Progressive declaration for dogs who are declared potentially dangerous who has a subsequent incident defined in the definition of potentially dangerous; or if the owner fails to maintain a declared potentially dangerous dog within the outlined imposed conditions.
• Adds a provision to automatically declare a dog vicious if another jurisdiction has already previously declared the dog as such.

The change also defines provocation as it relates to vicious dog incidents.

Animal Welfare
• Adds provision prohibiting the sale of live animals in public and the feeding of wildlife.
• Changes "dogs to be curbed" to "animal waste" which would allow Animal Services to enforce sanitation issues involving animal feces and urine.

Historically, these complaints would be forwarded to either Code Enforcement or the Health Department.
• Adds a provision to prohibit the leaving of an animal in an unattended vehicle.

The addition of this provision would help Animal Services address situations where there is a violation but does not rise to the seizure of the animal pursuant to the Penal Code.

Keeping of Swine
Proposed changes also include removing the antiquated article that addresses the keeping of swine.

Animal Permits / Licensing and Enforcement
Currently, Title 10 (Animals) consists of only one division, Division 1 (Animal Control, Welfare, and License Requirements), code changes are proposed to add Division 2 (Additional or Unusual Animal Permits, Licensing of Animal Facilities, Exhibitions and Animal Events) and Division 3 (Administrative Citations for Title 10 Violations), as summarized below:

Division 2. This new division would address the administration and issuance of licensing of animal related businesses, events, and additional unusual animal permits. This change also includes moving licensing of animal related businesses from LNMC Title 5 (Business and Special Licenses) to Title 10 (Animals). Division 2 also includes specific provisions prohibiting the sale of dogs and cats in pet stores unless they come from a vetted animal rescue or shelter, which is in line with new state laws. Animal exhibitions and adoption events would require a license from Animal Services.
• Division 3. This new division would address administrative citation procedures for Title 10 (Animals) violations. The change also allows for the issuance of correctable citations for dog licensing and other violations, which would be a helpful tool according to Animal Services.

ALTERNATIVES CONSIDERED
The City Council may decide not to adopt Ordinance No. 2022-215. In such case the existing LNMC animal provisions would remain unchanged. The City Council may also decide to direct staff to return with a revised ordinance to be re-introduced at a future City Council meeting.

CALIFORNIA ENVIRONMENTAL QUALITY ACT
Pursuant to Section 15060(c)(2) of the California Environmental Quality Act (CEQA) Guidelines, the City Council finds that this ordinance would not result in a direct or reasonably foreseeable indirect physical change in the environment and therefore is not subject to CEQA. Additionally, it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment per Section 15061(b)(3). Additionally, pursuant to Section 15060(c)(3) the activity is not a "project" as defined in Section 15378 because it has no potential for resulting in physical change to the environment, directly or indirectly.

FISCAL REVIEW
Adoption of Ordinance No. 2022-215 has no fiscal impact to the City.

LEGAL REVIEW
Ordinance No. 2022-215 was drafted in collaboration with the City Attorney's Office which has approved it and this report as to form.

CONCLUSION
Staff recommends that the City Council conduct second reading, by title only, and adopt Ordinance No. 2022-215.

AN ORDINANCE OF THE CITY OF LAGUNA NIGUEL,
CALIFORNIA, AMENDING DIVISION 1 AND ADDING NEW
DIVISIONS 2 AND 3 TO TITLE 10 (ANIMALS), AND
AMENDING DIVISIONS 1, 2, AND 3 OF TITLE 5
(BUSINESS AND SPECIAL LICENSES; BUSINESS

REGULATIONS), TO CONSOLIDATE ALL REGULATIONS

RELATING TO ANIMAL SERVICES, ANIMAL CONTROL
AND ANIMAL BUSINESSES INTO TITLE 10 OF THE

LAGUNA NIGUEL MUNICIPAL CODE, AND MAKING A

DETERMINATION OF EXEMPTION UNDER CEQA IN

CONNECTION THEREWITH
Lamara SAtorman Reveri i I Sonis
Tamara S. Letourneau Kevin G. Ennis
City Manager City Attorney
Jonathan Orduna John Morgan
Community Development Director Development Services Manager Exal too
-
Erich List
Senior Planner
Attachments:

A. Ordinance No. 2022-215 (Amending the Animal Provisions of the LNMC)

ATTACHMENT A
ORDINANCE NO. 2022-215 (AMENDING THE ANIMAL

PROVISIONS OF THE LNMC)
ORDINANCE NO. 2022-215

AN ORDINANCE OF THE CITY OF LAGUNA NIGUEL,
CALIFORNIA, AMENDING DIVISION 1 AND ADDING NEW
DIVISIONS 2 AND 3 TO TITLE 10 (ANIMALS), AND
AMENDING DIVISIONS 1, 2 AND 3 OF TITLE 5
(BUSINESS AND SPECIAL LICENSES; BUSINESS

REGULATIONS), TO CONSOLIDATE ALL REGULATIONS

RELATING TO ANIMAL SERVICES, ANIMAL CONTROL
AND ANIMAL BUSINESSES INTO TITLE 10 OF THE

LAGUNA NIGUEL MUNICIPAL CODE, AND MAKING A

DETERMINATION OF EXEMPTION UNDER CEQA IN

CONNECTION THEREWITH
The City Council of the City of Laguna Niguel does ordain as follows:

SECTION 1. PURPOSES AND FINDINGS
The City Council makes the following findings in connection with the adoption of this Ordinance:

The City of Laguna Niguel has an agreement with the City of Mission Viejo whereby the City of Mission Viejo provides animal control and shelter services for the City of Laguna Niguel; and
The City of Laguna Niguel has adopted an ordinance regulating animal services within its boundaries, codified in Title 10 (Animals), Division 1 (Animal Control, Welfare and License Requirements) of the Laguna Niguel Municipal Code; and C. The Agreement authorizes the City of Mission Viejo to review the City of Laguna Niguel's Municipal Code relative to consistency with Mission Viejo ordinances and regulations for animal control and shelter services within the City of Laguna Niguel, and to request amendments to bring the Code into conformity with Mission Viejo procedures; and
The City of Mission Viejo has requested that the City of Laguna Niguel amend certain provisions of Division 1 of Title 10, and to add new provision to Title 10, relating to animal control and shelter services as part of performance of animal control and shelter services under the agreement; and
The purpose of this Ordinance is to amend Title 10 of the Code to update the City of Laguna Niguel's procedures to be consistent with the City of Mission Viejo's requirements for further implementation of the agreement.

SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT
Pursuant to Section 15060(c)(2) of the California Environmental Quality Act (CEQA) Guidelines, the City Council finds that this Ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment and therefore is not subject to CEQA. Additionally, it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment per Section 15061(b)(3). Additionally, pursuant to Section 15060(c)(3) the activity not a "project" as defined in Section 15378 because it has no potential to result resulting in physical change to the environment, directly or indirectly. Therefore, the City Council directs that a Notice of Exemption be filed with the County Clerk in the County of Orange in accordance with CEQA Guidelines.

SECTION 3. Division 1 (Animal Control, Welfare and License Requirements) of Title 10 (Animals) of the Laguna Niguel Municipal Code is hereby amended in its entirety to read as follows:
"Division 1 - ANIMAL CONTROL, WELFARE AND LICENSE REQUIREMENTS Article 1. General Provisions, $S 10-1-1-10-1-44
Article 2. Keeping and Restraint of Dogs and Cats, S§ 10-1-45-10-1-59 Article 3. Rabies Control, S§ 10-1-60—10-1-69
Article 4. Dog Licensing; Animal Permit, §§ 10-1-70—10-1-84 Article 5. Cat Licensing, §§ 10-1-85—10-1-93
Article 6. Dangerous and Vicious Animals, S§ 10-1-94-10-1-104 Article 7. Animal Impoundment, §§ 10-1-105—10-1-126
Article 8. Livestock Running at Large, §§ 10-1-127—10-1-142 Article 9. Keeping of Livestock, §§ 10-1-143-10-1-154
Article 10. Animal Health, §§ 10-1-155-10-1-190
Article 11. Reserved.
"ARTICLE 1. - GENERAL PROVISIONS
Sec. 10-1-1. - Definitions.

The words, terms and phrases defined in sections 10-1-2 through 10-1-27, when used in this division, shall have the meanings ascribed to them in sections 10-1-2 through 10- 1-27, except where the context clearly indicates a different meaning.

Sec. 10-1-2. - Definitions (A).

Animal includes but is not limited to birds, fishes, reptiles and nonhuman mammals.

Animal event means any temporary organized activity involving the display, use, or performance of one or more live animals for the entertainment, instruction or education of the public or for the purpose of adoption.

Animal exhibition means any property where one or more live animals are displayed or used for entertainment, instruction or education of the public.

Animal facility means any property or facility where animals are kept or maintained for any commercial purpose.

Animal services department means the Animal Services Department for the City of Mission Viejo authorized to perform the services and functions described in this title pursuant to contract.

Approved rabies vaccine means a vaccine which is approved for use in the animal concerned by the state department of health.

Approved research institution means a college, hospital, university or research laboratory conducting research under humane conditions, if the director so finds and certifies in writing.

Sec. 10-1-3. - Reserved.

Sec. 10-1-4. - Definitions (C).

Cat includes domesticated members of the species Felis catus; it excludes other members of the family Felidae.

City means the City of Laguna Niguel.

City Attorney means the City Attorney or his/her assistants authorized pursuant to Division 7 of Title 2 of this Code.

City Council means the City Council of the City of Laguna Niguel.

Commercial means operated or carried on primarily for financial gain by any non- governmental firm, person or business/entity.

Commercial stable means any property where equines are sheltered or fed on a commercial basis.

Sec. 10-1-5. - Definitions (D).

Dangerous animal means any animal of a species which presents a threat to the safety of persons or property, as determined by the director.

Director means the City of Mission Viejo Animal Services Director or his or her designee or such other person may be designated by the city council. Also referred to as Animal Services Director.

Dog includes domesticated members of the species Canis familiaris; it excludes other members of the family Canidae.

Secs. 10-1-6. - Reserved.

Sec. 10-1-7. - Definitions (F).

Foster animal means any animal that is temporarily being cared for and housed by a person on any property within the city.

Fowl means and includes any male and female chicken, duck, goose, seafowl, peacock, turkey and pheasant.

Crowing Fowl means and includes any male fowl capable of making a sound particular to its species or type.

Sec. 10-1-8. - Definitions (G).

Garbage means any waste consisting in whole or in part of animal wastes resulting from the handling, preparing, cooking and consuming of food, including the offal from animal carcasses or parts thereof.

Grooming Facility means any and each individual physical facility, whether fixed or mobile, where animals are groomed, brushed, clipped or bathed on a commercial basis.

Each individual grooming parlor, whether fixed or mobile, shall be subject to inspection and shall be required to have a separate permit regardless of such grooming parlor being under common ownership with any other grooming parlor.

Guard (sentry) dog means any dog utilized, on a commercial basis, to guard any property within the city, including guarding against fire or theft or both.

Guide dog means a properly trained dog certified by a licensed guide (Seeing Eye) dog agency and actually being used by a blind person.

Sec. 10-1-9. - Reserved.

Sec. 10-1-10. - Definitions (I).

Immediate slaughter refers to livestock shipped to a public stockyard and released therefrom for slaughter, and also to livestock shipped to the premises of a firm regularly engaged in the slaughter of animals under approved inspection.

Impounded means having been received into the custody of any animal shelter, or into the custody of the director or his authorized agent or deputy.

Infectious disease means any infectious, contagious or communicable disease sufficiently dangerous to the public health or to the health of animals within the city to warrant putting into effect the provisions of this division and any rules or regulations adopted pursuant thereto.

Sec. 10-1-11, - Reserved.

Sec. 10-1-12. - Definitions (K).

Kennel means any lot, building, structure, enclosure or premises whereupon or wherein one or more cats or dogs, are kept or maintained for a commercial purpose, including places where cats or dogs are boarded, kept for daycare, or kept for hire.

Excluded from this definition are veterinary clinics and pet hospitals when animals are being housed for medical care.

Sec. 10-1-13. - Definitions (L).

Livestock means any domesticated poultry, cattle, goats, swine, sheep and equines which are kept in captivity or under the control or ownership of any person for any purpose.

Sec. 10-1-14. - Reserved.

Sec. 10-1-15. - Definitions (N).

Neutered or spayed means rendered incapable of reproduction by physical means, including surgical alteration or the implantation of a device, or other means. To be acceptable, the neutering or spaying must be certified to by a licensed veterinarian.

Sec. 10-1-16. - Reserved.

Sec. 10-1-17. - Definitions (P).

Person means any individual, firm, partnership, corporation, company, society or association, and every officer, agent or employee thereof.

Pet shop means any place of business where any animals are to be sold as pets, or are otherwise kept for sale.

Potentially dangerous dog means any of the following:
(1) Any dog which, when unprovoked, on two separate occasions within the prior 36- month period, engages in any behavior that requires a defensive action by any person to prevent bodily injury whether the person and the dog are on or off the property of the owner and/or custodian of the dog.
(2) Any dog which, on two separate occasions within the prior 36-month period, when unprovoked, bites a person causing any injury less than a severe injury as defined in this section.
(3) Any dog which, when unprovoked, has killed, seriously bitten, inflicted serious injury attacking a domestic animal, horse, or livestock. (4) Any dog that has been deemed by another governmental jurisdiction as "potentially dangerous," or "dangerous," or comparable designation. (5) A dog shall not be declared potentially dangerous if the owner or custodian establishes that the actions of the dog with respect to which the declaration is sought were provoked. For purposes of this section, the following terms have the following meanings:
a. With respect to harm to a human, "provocation" shall mean that the bite, threat, injury or damage 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, was committing or attempting to commit a crime upon the person of, or the premises occupied by, the owner or custodian of the dog, or was teasing, tormenting, abusing or assaulting the dog. b. The terms "tease, torment, abuse, or assault" as used herein, shall be limited to acts that cause pain, injury, suffering or distress beyond the typical or usual interactions of a human or animal with a dog in a similar environment or circumstance.
c. The term "provocation" as used herein does not include the acts of a person attempting to prevent an animal from physically attacking, mauling, or physically injuring another person or animal.
d. With respect to harm to a human or an animal, a bite, threat, injury or damage shall not be considered provoked if the dog's reaction to the act of provocation was grossly out of proportion to the alleged provocative act. e. With respect to harm to an animal, an act shall be considered provoked if at the time of the bite or injury, the victim animal entered an enclosed portion of the property or premises of the dog owner, custodian or keeper, without their knowledge, permission, or consent, whether expressed or implied. (6) These definitions do not apply to dogs used in military or police work while they are actually performing in that capacity.

Sec. 10-1-18. - Definitions (Q).

Quarantine means the strict confinement of an animal upon the premises of the owner or elsewhere as approved by the director and subject to the conditions or requirements of the director relating to the impoundment or other confinement.

Sec. 10-1-19. - Reserved.

Sec. 10-1-20. - Definitions (S).

Severe injury means any physical injury directly caused by a dog attack that results in muscle tears), avulsion(s) dislocation(s), broken bone(s) or disfiguring laceration(s), or corrective or cosmetic surgery, and/or hospitalization for any of the aforementioned conditions.

Stockyard means any stockyard, corral or premises wherein public trading in livestock is carried on, or where yarding, feeding and watering facilities are provided and where federal, state, county or city inspection is maintained for the inspection of livestock for infectious diseases.

Sec. 10-1-21. - Definitions (T).

Tuberculin test means any test approved by the United States Department of Agriculture for the detection of tuberculosis in animals.

Sec. 10-1-22. - Reserved.

Sec. 10-1-23. - Definitions (V).

Vicious dog means any of the following dogs, as determined by the director:
(1) Any dog which, inflicts severe injury on or kills a human being whether the person and the dog are on or off the property of the owner or custodian of the dog. (2) Any dog previously determined to be and currently listed as a potentially dangerous dog, which, after its owner or keeper has been notified of this determination, continues the behavior of a "potentially dangerous dog" as set forth above, or is maintained in violation of the conditions and restrictions placed upon the dog as a "potentially dangerous dog."
(3) Any dog that has been deemed by another governmental jurisdiction as "vicious" or comparable designation.
(4) A dog shall not be declared potentially dangerous if the owner or custodian establishes that the actions of the dog with respect to which the declaration is sought were provoked. For purposes of this section, the following terms have the following meanings:
a. With respect to harm to a human, "provocation" shall mean that the bite, threat, injury or damage 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, was committing or attempting to commit a crime upon the person of, or the premises occupied by, the owner or custodian of the dog.
b. The terms "tease, torment, abuse, or assault" as used herein, shall be limited to acts that cause pain, injury, suffering or distress beyond the typical or usual interactions of a human or animal with a dog in a similar environment or circumstance.
c. The term "provocation" as used herein does not include the acts of a person attempting to prevent an animal from physically attacking, mauling, or physically injuring another person or animal.
d. With respect to harm to a human or an animal, a bite, threat, injury or damage shall not be considered provoked if the dog's reaction to the act of provocation was grossly out of proportion to the alleged provocative act. e. With respect to harm to an animal, an act shall be considered provoked if at the time of the bite or injury, the victim animal entered an enclosed portion of the property or premises of the dog owner, custodian or keeper, without their knowledge, permission, or consent, whether expressed or implied. (5) These definitions do not apply to dogs used in military or police work while they are actually performing in that capacity.

Secs. 10-1-24-10-1-27. - Reserved.

Sec. 10-1-28. - Administration of title.

The director is charged with the administration of this title.

Sec. 10-1-29. - Additional rules and regulations.

The city council of the city of Mission Viejo may, by resolution, promulgate any necessary rules and regulations for the administration of this title, which upon adoption by resolution of the city council of the City of Laguna Niguel, shall apply to the city; or the city council of the City of Mission Viejo may delegate this administrative authority to the Animal Services Director.

Sec. 10-1-30. - Enforcement of title; issuance of citations.

The director and his or her duly authorized deputies and agents are hereby empowered, and it shall be their duty, to enforce this title and any statute relating to animal control, unless otherwise provided by law. Pursuant to Penal Code § 836.5, and subject to the provisions of this section, the director and his or her duly authorized deputies and agents shall each have the power to arrest a person without a warrant whenever any such individual has reasonable cause to believe that the person to be arrested has committed an offense in such individual's presence which he or she has the discretionary duty to enforce, and to issue a notice to appear, and to release such person on his or her written oromise to appear in court, pursuant to Sections 853.5 and 853.6 of the Penal Code. The director and his or her duly authorized deputies and agents shall not be allowed by his or her superior to exercise the arrest and citation authority conferred in this section unless such individual is within a classification of officers and employees designated by resolution of the city council of the City of Mission Viejo to exercise such arrest and citation authority as to specified violations.

Sec. 10-1-31. - Interference with enforcing officers.

No person shall interfere with, oppose or resist any authorized person charged with the enforcement of this title while such person is engaged in the performance of his or her duties.

Sec. 10-1-32. - Authority of animal control officers to carry firearms. (a) Supervisory and senior animal control officers, and other officers determined by the Director or by the city council who have successfully completed California Penal Code § 832 firearms training or other relevant training intended to authorize firearm utilization, are authorized to use and carry loaded firearms, shotguns, air-guns and tranquilizer equipment, while acting in the course and scope of their employment in carrying out their responsibilities under this title.
(b) The Director shall have the authority to authorize the use of specific firearms, shotguns, air-guns and tranquilizer equipment and the Animal Services Department shall maintain a log of the approved equipment by serial number. (c) Supervisory and senior animal control officers and other officers determined by the Director, or determined by the city council, authorized to use or carry firearms shall regularly qualify and show proficiency with each type of firearm they are authorized to carry. The Animal Services Department shall maintain a log of the of trainings and qualifications.

Sec. 10-1-33. - Disposal of dead animals.

The owner of any animal which dies shall dispose of the carcass of such animal in a sanitary manner as prescribed by the director within 24 hours after the owner has knowledge of the animal's death. The director shall be responsible for the disposal of all dead animals whose ownership cannot be established.

Sec. 10-1-34. - Violation of title.
(a) Any person who violates any provision of this title is guilty of an infraction, except as set forth in subsection (b) of this section.
(b) Any person who violates any provision of section 10-1-51 or 10-1-95 is guilty of a misdemeanor. Moreover, any person who violates any other provision of this title, when the violation occurs within one year of the occurrence of two other separate violations of this title by that person, is guilty of a misdemeanor. (c) Each day on which a violation occurs or continues shall constitute a separate offense.

Sec. 10-1-35. - Inspections.

The director and his or her duly authorized deputies and agents are authorized to inspect any building or other property for the purpose of enforcing this title or any statute relating to animal control or animal welfare.

Sec. 10-1-36. - Investigation of complaints.

Upon receiving a complaint from any person alleging a violation of this title and upon receiving the name and address of the owner or custodian of the animal, if known, an investigation to determine whether a violation exists may be made. If the investigation discloses a violation of this title, prosecution may be initiated against the owner or custodian.

Sec. 10-1-37. - Prosecution of the offender; cumulative remedies.

A violation of this title shall, in the sole discretion of the city by and through the city attorney or other authorized personnel, be prosecuted in any manner provided for by law, including, but not limited to, the administrative, civil or the misdemeanor criminal prosecution of the offender (subject to the city's sole and absolute discretion to reduce the same to an infraction or administrative civil complaint) and as provided for in-Division 3 of this title.

The remedies and penalties provided in this division are cumulative and in addition to any other remedies available at law or in equity.

Sec. 10-1-38. - Animal Care Requirements.

Every person within the city who owns any animal or who owns, conducts, manages or operates any animal establishment for which a license is required by this title, shall comply with each of the following conditions:
(a) Housing facilities for animals shall be structurally sound and shall be maintained in good repair, to protect the animals from injury, to contain the animals, and to restrict the entrance of other animals.
(b) All animals shall be supplied with sufficient good and wholesome food and water as often as the feeding habits of the respective animals require. (c) All animals and all animal buildings or enclosures shall be maintained in a clean and sanitary condition.
(d) No animals shall be without attention more than 12 consecutive hours. Whenever an animal is left unattended at a commercial animal facility, the telephone number of the department of animal services, or the name, address and telephone number of the responsible person, shall be posted in a conspicuous place at the front of the property.
(e) Every reasonable precaution shall be used to ensure that animals are not teased, abused, mistreated, annoyed, tormented or in any manner made to suffer by any person or means.
(1) No condition shall be maintained or permitted that is or could be injurious to the animals.
(g) Buildings and enclosures shall be so constructed and maintained as to prevent escape of animals. All reasonable precautions shall be taken to protect the public from the animals and the animals from the public.
(h) Every animal establishment shall isolate sick animals in a manner so as not to endanger the health of other animals, Department and City officials and staff, and members of the public. Sick animals shall at all times be isolated from the other animals.
(i) Every building or enclosure wherein animals are maintained shall be constructed of material that is non-porous 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 need of the animals, with sufficient light to allow observation of animals and sanitation. 0) Such person shall promptly take any animal to a veterinarian for examination or treatment, if the director finds this is necessary in order to maintain the health of the animal and orders the owner or custodian to do so.
(k) All animal rooms, cages, kennels and runs shall be of sufficient size to provide adequate and proper accommodations for the animals kept therein. Animals shall have sufficient height and sufficient floor space to stand up, sit down and turn around freely using normal body movements without the head touching the top of the primary enclosure; have the ability to lie down with limbs outstretched and exercise normal postural movement, and move freely as appropriate for the species, age, size, and condition of the animal. However, when freedom of movement would endanger the animal due to a medical condition that has been documented by a licensed veterinarian, temporarily and appropriately restricting movement of the animal in a humane manner is permitted.
(I) Every violation of an applicable regulation shall be corrected within a reasonable time as specified by the director.
(m) Such person shall provide proper shelter and protection from the weather at all times.
(n) Such person shall not give an alcoholic beverage to any animal, or allow any animal to drink any alcoholic beverage, unless prescribed by a veterinarian. (o) Such person shall not allow animals which are natural enemies, temperamentally unsuited, or otherwise incompatible, to be quartered together, or so near each other as to cause injury, fear or torment. If two or more animals are so trained that they can be placed together and do not attack each other or perform or attempt any hostile act to the others, such animals shall be deemed not to be natural enemies. (p) Such person shall not allow the use of any tack, equipment, , device, substance or material that is, or could be, injurious or cause cruelty to any animal. (9) Such person shall give working animals proper and adequate rest periods. Confined or restrained animals shall be given exercise proper and adequate for the individual animal under the particular conditions.
(r) Such person shall not work, use or rent any animal which is overheated, weakened, exhausted, sick, injured, diseased, lame or otherwise unfit. (s) Such person shall not display any animal for adoption, if such animal bears evidence of malnutrition, ill health, unhealed injury or having been kept in an unsanitary condition.
(t) Such person shall not display any animal whose appearance is or may be offensive or contrary to public decency.
(u) Such person shall not allow any animal to constitute or cause a hazard, or be a menace to the health, peace or safety of the community. (V) Such person shall not violate any condition imposed by the director on any license issued by the animal services department.
(w) No dog or cat under the age of eight weeks shall be brought or shipped into the city for the purpose of adoption, and no dog or cat under the age of eight weeks shall be offered for adoption.
(x) Every dog or cat offered for adoption must be examined by a 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, any other animals, or a potential owner
(y) Every dog or cat offered for adoption shall have been vaccinated against distemper and parvo. A vaccination record providing the date of vaccination, lot number, and manufacturer must be provided to the person adopting the dog or cat at the time of adoption.
(Z) Every dog four months of age or older shall be vaccinated for rabies. A vaccination record providing the date of vaccination, lot number, and manufacturer must be provided to the person adopting the dog at the time of adoption. (aa) Clean, potable water shall be available to all animals in conformance with the principles of good animal husbandry, unless restricted by a licensed veterinarian.

Proof of such veterinarian restrictions shall be presented to the animal control officer upon request. Water receptacles, container or dispensers shall be kept in a clean and sanitary state at all times.
(bb) Food receptacles shall be accessible to all animals unless restricted by a licensed veterinarian and shall be located so as to minimize contamination by excreta. Proof of any licensed veterinarian restrictions shall be presented to the animal control officer upon request. Food contaminated by urine shall be discarded and replaced with fresh uncontaminated food. Disposable receptacles may be used but must be discarded after each feeding. Self-feeders may be used for the feeding of dry food, and they shall be kept clean and free of mold, deterioration and the caking of food at all times. (cc) Such person shall comply with all other applicable federal, state, or local law, regulation or ordinance relating to the care of animals and/or operation of an animal establishment.

Sec. 10-1-39. - Sale of animals.

No person shall solicit, peddle, conduct or consummate the sale, exchange, or giveaway of any living animal or animals, and no person shall convey as part of any commercial transaction any living animal or animals in the city except that such activities shall be permitted in a) pet shops and kennels that are duly licensed pursuant to this title, and b) at the residence of the conveyor of the animal. Nothing herein shall be construed to prohibit animal adoption activities provided that all necessary permits and approvals for the location of such animal adoption activity have been obtained.

Sec. 10-1-40. - Prohibiting the feeding of wildlife.

No person shall feed or in any manner provide food for wild animals or vector animals including, but not limited to, coyotes, bobcats, mountain lions or rodents. In further amplification, this section also includes a prohibition on the feeding of animals, including, but not limited to, wild raccoons, foxes, skunks, opossums, rodents, rabbits or hares. This section does not apply to the feeding of animals under the care of a licensed veterinarian, or rehabilitator, or those kept in the City of Mission Viejo Animals Services Center, or by those kept by an individual who has been authorized by permit or license to care for and feed such animals.

Secs. 10-1-41—10-1-44. - Reserved
ARTICLE 2. - KEEPING AND RESTRAINT OF DOGS AND CATS
Sec. 10-1-45. - Restraint of dogs.
(a) No person owning or having charge, care, custody or control of any dog shall cause or permit, either willfully or through failure to exercise due care or control, any such dog to be upon any private property unless such dog is restrained thereon by a fence, wall, substantial chain or leash not exceeding six feet in length, or other appropriate physical restraint, or is under the charge of a person competent to exercise care, custody and control over such dog.
(b) No person owning or having charge, care, custody or control of any dog shall cause or permit, either willfully or through failure to exercise due care or control, any such dog to be upon any public property unless such dog is restrained by a substantial chain or leash not exceeding six feet in length, and is under the charge of a person competent to exercise care, custody and control over such dog, unless the owner or operator of such public property grants written permission for such dog to be on such property without such chain or leash.

Sec. 10-1-46. - Dogs on public school property.

No person having the charge of any dog, except a guide dog or service dog, shall permit the dog, under any circumstances to be on or within the 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.

Sec. 10-1-47. - Female cats and dogs in season to confined.

Every person owning or having charge of any female cat or dog shall confine such animal during its breeding season, i.e., while it is in heat, in a building or other enclosure adequate to keep such cat or dog confined.

Sec. 10-1-48. - Public Nuisance.
(a) No person shall allow, upon any premises owned, occupied, or controlled by such a person, any animal to cause a public nuisance. As used in this section, a "public nuisance" includes, but is not limited to, disruptive sounds created by barking, howling, crying, neighing, braying or making other sounds of an animal that unreasonably disturb persons in the reasonable and comfortable enjoyment of their life or property. Such activity is hereby declared to be a public nuisance and unlawful. (b) A dog shall not be deemed a public nuisance it, at any time the dog is making noise, a person is trespassing upon the private property where the dog is situated, or when the dog is being teased or provoked or protecting person(s) or property.

Sec. 10-1-49. - Permitting animal to go on property of another.

No person owning or having care, custody or control of any animal shall permit, either willfully or through failure to exercise proper control, such animal to trespass or be upon any private property of another person without the consent of such person.

Sec. 10-1-50. - Animal Waste.
(a) It shall be unlawful and a public nuisance for any person, whether willful or as a result of failure to exercise due care, having custody or control of any dog to permit that dog to defecate in a public area, any area open to the public, or any private property without the property owner's consent, without immediately removing the feces and disposing of it in a sanitary manner.
(b) It shall be unlawful and a public nuisance for any person, whether willful or as a result of failure to exercise due care, to fail to remove animal waste upon any premises owned, occupied, or controlled by such a person, in a timely manner if such animal waste infringes upon the use of someone else's property by obnoxious odor, or by physically draining onto public property or the private property of another.

Sec. 10-1-51. - Public protection from dogs.
(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 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 declared vicious dog or a declared potentially dangerous dog, or a dog that has shown aggressive propensities, 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. As used in this subsection, the term "declared" means a dog that has been declared to be a vicious dog or declared to be a potentially dangerous dog by the director pursuant to section 10-1-95 or by another governmental jurisdiction.
(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, 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.

Sec. 10-1-52. - Nuisance complaint administrative procedures.

Upon receiving a complaint alleging a nuisance as defined in section 10-1-48, the animal services staff shall adhere to the following procedures. (a) Upon receipt by the animal services department of a first complaint, animal services staff will send a letter informing the responsible person about the complaint. (b) For purposes of this article a "responsible person" is any of the following:
(1) A person who allows a violation of section 10-1-48 to exist, whether through willful action, failure to act, or failure to exercise proper control over an animal. (2) A person whose agent, employee, or independent contractor allows a violation to exist, whether through willful action, failure to act, or failure to exercise proper control over an animal.
(3) A person who is the owner of, or a lessee or sublessee with the current right of possession of, real property in or upon which a violation occurs. (4) A "person" includes a natural person or legal entity, including the owners, majority stockholders, corporate officers, trustees, or general partners of a legal entity.
(5) There may be more than one responsible person for a violation. (c) Upon receipt by the animal services department of a second complaint regarding an animal for which a first notice has been sent, provided at least ten days but no more than 30 calendar days have elapsed from the date of the first letter sent by animal services staff pursuant to subsection (1) above, an animal control officer will be dispatched to issue a notice to comply and to advise the responsible person about possible solutions to rectify the nuisance.
(d) Upon receipt by the animal services department of a third complaint between ten and 30 calendar days after the date of a second complaint pursuant to subsection (2) above, animal services staff will ask the complainant to obtain, complete and return to the department a formal witness statement form, including two additional independent witnesses to corroborate the nuisance violation, unless a wavier is approved by the Director, within ten days of request.
(e) Upon receipt of a formal witness statement form, if the director or his or her designee finds the animal owner to be in violation of section 10-1-48, the department will issue an administrative citation pursuant to division 3 of this title in an amount set forth in the animal nuisance citation schedule established in section 10-1-53. (f) Animal nuisance citations may be contested pursuant to the provisions of division 3 of this title.

Sec. 10-1-53. - Animal nuisance administrative fine amount; late payment charges.
(a) Fines for administrative animal nuisance citations shall be as follows:
(1) First animal nuisance citation issued (per citation): $100.00. (2) Second animal nuisance citation within the same 12-month period: $200.00. (3) Third animal nuisance citation within the same 12-month period: $500.00. (4) Fourth animal nuisance citation within the same 12-month period: $500.00. (5) Fifth animal nuisance citation within the same 12-month period: $500.00. (6) For sixth and subsequent animal nuisance citation within the same 12-month period: $500.00.

There must be at least ten days between issuance of citations to the same person. (b) Any fine not paid within 15 days of due date shall be calculated as follows:

The amount of the appropriate fine listed above added to a late penalty in the same amount as the fine such that the total amount due is double the unpaid fine amount.

Sec. 10-1-54. - Abatement of nuisances through legal action; cumulative remedies.

Nothing in this division or article shall prevent the city attorney from pursuing a civil or criminal proceeding to abate a public nuisance as an alternative to the procedures set forth in this article. The remedies and penalties provided in this division are cumulative and in addition to any other remedies available at law or in equity.

Sec. 10-1-55. - Animals in unattended vehicles.
(a) No person shall leave an animal in any unattended vehicle without adequate ventilation and water, or in any other manner which subjects the animal to extreme temperatures which could adversely affect the animal's health or welfare. (b) It shall be a rebuttable presumption that an interior temperature exceeding one hundred degrees Fahrenheit constitutes an extreme temperature which adversely affects the health or welfare of the animal.

Secs. 10-1-56—10-1-59. - Reserved.

ARTICLE 3. - RABIES CONTROL
Sec. 10-1-60. - Dog vaccination required.

Every person owning or harboring a dog four months of age or older for 15 days or more shall, if the dog is not currently vaccinated, have such dog vaccinated against rabies by a licensed veterinarian with a vaccine approved by the state department of health. By obtaining an antirabies deferment from a licensed veterinarian, and upon approval of the director, dogs that are ill may be given temporary deferment from rabies vaccination requirements; old age of the dog, however, shall not be a basis for such deferment. Such a deferred dog shall be vaccinated within ten days of the conclusion of the deferment period.

Sec. 10-1-61. - Quarantine.
(a) The state director of health has declared the county a rabies area. The director is authorized under state law to quarantine suspected rabid animals or animals that are suspected or reported of biting a human causing a break in the skin by the tooth or teeth of an animal. The director or his authorized agent is hereby empowered to enter upon any private property, including the home or residence where the animal is kept or has strayed, to inspect, and, if necessary, to seize and impound any animal suspected of being rabid for a period of 14 days, or ten days for dogs and cats. The impounding officer shall make a reasonable effort to immediately notify the owner or custodian of the animal before it is impounded and notify the owner or custodian of the address of the facility to which it will be taken. If the owner or custodian is not present at the time of impounding, the notice shall be posted on the property of such owner or custodian, it known. In lieu of impounding the animal, he may, by serving a written notice upon the owner, require the owner to quarantine the animal for such period.
(b) No person shall disobey any quarantine order issued by the director or remove from its place of confinement any animal under quarantine without the permission of the director.

Sec. 10-1-62. - Report of animals suspected of having rabies or biting or scratching human.

Any person having knowledge of the location of an animal suspected of having rabies, or of any person having been bitten or scratched by any warmblooded mammal, or of any signs of disease or unusual behavior in any animal under quarantine, shall immediately report such facts to the director.

Sec. 10-1-63. - Proof of vaccination.

No person who owns or harbors any dog shall fail or refuse to exhibit his copy of the rabies vaccination form, antirabies inoculation deferment form or health certificate upon demand by any person charged with the enforcement of this division.

Sec. 10-1-64. - Vaccination certificate.

Each duly licensed veterinarian, after vaccinating any dog, shall complete and sign a rabies certificate in triplicate. He shall keep one copy and shall give one copy to the owner of the vaccinated dog, which the owner shall retain in his possession. He shall file the other copy with the director on a monthly basis.

Secs. 10-1-65—10-1-69. - Reserved.

ARTICLE 4. - DOG LICENSING; ANIMAL PERMIT
Sec. 10-1-70. - Dog license required.
(a) Every person owning or having custody of any dog four months of age or older shall procure for the dog a city dog license. Such license shall be procured within 15 days after the date on which it becomes due. The following are exceptions to the requirement for a license:
(1) A dog brought into the city for show or other purposes and which leaves within 30 days; and
(2) A dog maintained in an approved research institution or licensed kennel, provided the dog is owned by the owner or operator of the research institution or kennel.
(b) Guard (sentry) dogs are not excepted. Each such guard (sentry) dog must be individually licensed, and each dog shall wear its city license tag securely fastened to a collar or harness, whether or not the dog is kenneled in the city. (c) No dog shall be licensed without proof of approved rabies vaccination. No license may expire later than the expiration date of the rabies vaccination. An owner may purchase a license for six or 12 months, depending upon the date and kind of vaccine used, upon payment of the fee established by resolution of the city council.

Sec. 10-1-71. - Wearing of dog license tag.
(a) Each dog required to be licensed shall wear at all times the current license tag assigned to that dog, except when the dog is:
(1) Physically confined within the premises of the owner or other person authorized to have custody;
(2) Confined in a vehicle or cage;
(3) Participating in any dog exhibition, field trial or competition; or (4) Confined in a licensed kennel or veterinary hospital, in which case the license tag number shall be recorded and placed nearby so that it is readily identifiable with the dog to which it belongs, or, if not licensed, that fact shall be clearly indicated on the facility's records.
(b) A license tag shall not be removed from any dog without the consent of the owner thereof.

Sec. 10-1-72. - Dog license renewal.

Licenses required by this article not purchased or renewed within 60 days after expiration, or the date on which they become due, shall be considered delinquent, and a late fee shall be added to the cost of the new license. The director may waive the late fee if he determines the applicant made a reasonable effort to comply with the deadline specified in this section.

Sec. 10-1-73. - Transfer of dog license.

Upon the transfer of ownership of any licensed dog, the license may be transferred to the new owner provided that the director is notified within 15 days, in writing, of such transier of ownership, and the name and address of the new owner is provided.

Sec. 10-1-74. - False or stolen documents or tag.

No person shall make use of or have in his possession or under his control a stolen, counterteit or torged dog license receipt, dog license tag, rabies vaccination certificate, antirabies inoculation deferment form or other form issued in accordance with this division.

Sec. 10-1-75. - Display of vaccination certificate or tag.

Every person shall, upon demand by the director, exhibit any current rabies vaccination certificate or dog license tag issued to such person pursuant to this division.

Sec. 10-1-76. - Number of animals permitted.

Each household having custody of four or more dogs or four or more cats, over the age of four months, for the purpose as described in 10-2-400 must obtain the necessary additional animal license required under section 10-2-309 for each animal.

Secs. 10-1-77—10-1-84. - Reserved.

ARTICLE 5. - CAT LICENSING
Sec. 10-1-85. - License certificate and tag.

The owner of any cat may, upon submission of proof of rabies vaccination certified to by a licensed veterinarian, and upon payment of the fee established by resolution of the city council, be issued a license certificate and tag. No person shall remove a registration tag from a cat without the consent of the owner thereof. Licensing shall be valid for the period of the rabies vaccination. The obtaining of such a license shall be optional on the part of the owner, except as provided in section 10-1-76.

Secs. 10-1-86—10-1-93. - Reserved.

ARTICLE 6. - DANGEROUS AND VICIOUS ANIMALS
Sec. 10-1-94. - Keeping of wild, exotic, dangerous or nondomestic animals.

No person shall have, keep or maintain any wild, exotic, dangerous or nondomestic animal without first applying to and receiving an Unusual Animal License from the director pursuant to 10-2-400. The director shall, by regulation, determine those animals to be covered by this section. The keeping or maintenance of such animals shall also conform to the zoning regulations of the city.

Sec. 10-1-95. - Declaration and possession of vicious dog or potentially dangerous dog.
(a) Generally.
(1) If the director has cause to believe that a dog is a vicious dog within the meaning of section 10-1-23 or potentially dangerous dog within the meaning of section 10- 1-17, the director may tentatively find and declare such dog a vicious dog or potentially dangerous dog.
(2) Upon tentatively finding and declaring that a dog is a vicious dog or potentially dangerous dog, the director shall notify the owner or custodian in writing of his tentative finding and declaration.
(3) The notice shall inform the owner or custodian of such dog that he may request a hearing in writing before the director 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. (4) Failure of the owner or custodian to request a hearing pursuant to subsection (a)(3) of this section shall result in the declaration becoming final. (5) The possession or maintenance of a vicious dog or potentially dangerous dog, or the allowing of any such dog to be in contravention of this division, is hereby declared to be a public nuisance. The director is hereby authorized and empowered to impound or abate any vicious dog or potentially dangerous 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 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:
a. Obtaining and maintaining liability insurance in the amount of $1,000,000.00 against bodily injury or death or damage to property and furnishing a certificate or proof of insurance by which the director shall be notified at least ten days prior to cancellation or nonrenewal, or, at the owner's or custodian's option, the filing with the director of proof of a bond in the amount of $1,000,000.00, to be able to respond in damages.
b. Requirements as to size, construction and design of the dog's enclosure. c. Location of the dog's residence.
d. Requirements as to type and method of restraints or muzzling of the dog. e. Photo identification or permanent marking of the dog for purposes of identification.
f. Requirements as to the posting of a warning notice or notices conspicuous to the public warning persons of the presence of a vicious dog. g. Payment of fees as established by resolution of the city council to recover the costs of enforcing the provisions of this article as applied to the regulation of vicious dogs.
(b) Notification of right to hearing. At least five working days prior to impoundment and/or abatement of a vicious or potentially dangerous dog, the director shall provide written notification to the owner and/or custodian of his or her 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 subsection (a) of this section. If the owner or custodian requests a hearing prior to impoundment or abatement, no impoundment or abatement shall take place pending decision by the director following a hearing, except as provided in subsection (c) of this section.

Pending such impoundment and/or abatement hearing and decision by the director, the director 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 director may deem necessary under the circumstances. The director 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 or abatement hearing and decision by the director. The form, content and display of such notice shall be specified by the director. Any hearing under this subsection shall be conducted in accordance with subsection (d) of this section. (c) Immediate impoundment. When, in the opinion of the director, 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 preimpoundment 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 director and the dog shall not be disposed of prior to the decision of the director 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.
(d) Request for and conduct of hearing.
(1) Except as otherwise provided in subsection (c) of this section, the director shall conduct a hearing within 15 working 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. The director may appoint a hearing officer to take evidence, summarize the evidence presented and report his findings and recommendations based on such evidence to the director, or the director may personally conduct the hearing. (2) At the hearing, each party shall have the right to call and examine witnesses, to introduce exhibits, to cross examine opposing witnesses, to impeach any witness, and to rebut the evidence against him. 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 in 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.
(3) Within 15 working days following the conclusion of the hearing, the director shall determine, on all the evidence presented to him, or on the summary of evidence and findings of fact and recommendations of the person holding the hearing, whether any designation, impoundment or abatement under this section should be rescinded or amended. Within five working days following such decision, the director shall notify, in writing, the person requesting the hearing of his determination as to any issue as to which the hearing was requested. (e) Change of circumstances. In the event of changed circumstances, the director may amend or rescind any abatement or impoundment imposed pursuant to subsection (a)(5) of this section. Any such revision to the abatement or impoundment due to changed circumstances shall be subject to the same notice, hearing and other procedural requirements as required for imposing an initial abatement or impoundment set forth in subsections (b), (c) and (d) of this section. (f) Change of ownership, custody or residence. Owners of a vicious dog or potentially dangerous 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 director in writing of the name, address and telephone number of the new owner, custodian and 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, and terms and conditions of maintenance, and provide the director with a copy thereof containing an acknowledgment by the new owner or custodian of his receipt of the original. The director shall notify the new owner or custodian in writing of any different or additional restrictions or conditions imposed pursuant to subsection (a)(5) of 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 or impoundment set forth in subsections (b), (c) and (d) of this section.
(g) Restraint required. It is unlawful to have custody of, own or possess a vicious dog or potentially dangerous dog within the meaning of section 10-1-23 unless it is restrained, confined or muzzled so that it cannot bite, attack or cause injury to any person.
(h) Compliance with conditions; notification of director of escape of dog. It shall be unlawful for the owner or custodian of a dog declared vicious or potentially dangerous pursuant to subsection (a) of this section to fail to comply with any requirements or conditions imposed pursuant to subsection (a)(5) of this section. If a vicious dog escapes, the owner or custodian shall immediately notify the director and make every reasonable effort to recapture it.

Secs. 10-1-96—10-1-104. - Reserved.

ARTICLE 7. - ANIMAL IMPOUNDMENT
Sec. 10-1-105. - Animals subject to impoundment.
(a) The director or his deputies may take into custody:
(1) Any animal kept or maintained contrary to the provisions of this Code or any regulation adopted thereunder, or any state statute.
(2) Animals running at large contrary to the provisions of this division or any statute. (3) Sick, injured, stray or unwanted animals for which the owner or custodian cannot be found or is unable or unwilling to provide proper care. (4) Animals quarantined for which no other place of quarantine is acceptable to the director.
(5) Animals delivered or requested to be impounded by a peace officer or public officer or employee as defined in Penal Code § 836.5.
(6) Any wild animal found to be at large upon any public property, or, upon request of the owner or tenant, found to be at large upon private property. (7) Animals impounded pursuant to section 10-1-95.
(8) Any other animal authorized to be impounded under this division. (b) The director may place animals which he takes into custody in the animal shelter or other facility designated by him, except that animals impounded pursuant to subsection (a)(6) of this section may be summarily destroyed.

Sec. 10-1-106. - Retention of animals to be reported to director.

No person shall, without the consent of the owner, hold or retain possession of any animal for more than 24 hours without first reporting the possession of such animal to the director, giving his name and address and a true description of the animal, and then surrendering such animal to the director upon demand.

Sec. 10-1-107. - Unauthorized removal of animals from official custody.

No person shall remove any animal from the custody of the director or from the animal shelter without permission from the director to do so.

Sec. 10-1-108. - Redemption of animals from animal shelter. (a) Except as otherwise provided by state law or article 8 of this division, when any animal, other than an animal abandoned by its owner, is impounded pursuant to this division, the director shall, within 12 working hours after impounding such animal, notify the owner, if known, of the location of such animal. The notification shall be by mail, with postage fully prepaid thereon.
(b) Any impounded animal may be redeemed by the owner upon payment of the fees established by resolution of the city council. The owner must also demonstrate to the satisfaction of the director that he is the owner of the animal, and that he can keep such animal in conformance with the requirements of this division. (c) If a licensed animal is not redeemed within seven days of impoundment, excluding holidays and the day of impoundment, or three days for unlicensed animals, it shall be deemed abandoned and the director may sell, release or destroy the animal.

Sec. 10-1-109. - Sale of unredeemed impounded animals.
(a) Except as otherwise provided by state law or by this division, any unredeemed animal may be sold by the director upon payment of the fees established by resolution of the city council.
(b) An unredeemed female dog which has not been neutered shall not be sold or given away, other than for approved medical research, unless the deposit specified in section 10-1-111 has been received.

Sec. 10-1-110. - Disposition of impounded animals by euthanasia.

Any impounded animal which has not been redeemed or sold may be disposed of by euthanasia. Euthanasia may also be performed at the request of the owner of the animal.

A fee may be charged if provided for by resolution of the city council.

Sec. 10-1-111. - Neutering of impounded animals.

No humane shelter or shelter operated by a society for the prevention of cruelty to animals shall adopt or give away, dog or cat which has not been neutered or spayed, unless a spay/neuter deposit is made at the time of adoption or give away. The deposit will be refunded to the person adopting or receiving the dog or cat when a notice is received by the shelter from a licensed veterinarian that the spay or neuter has been completed.

Sec. 10-1-112. - Unauthorized disposition of impounded animals.

No person shall sell, barter or give away nor shall any person buy, accept or take possession of any animal on premises upon which the animal shelter is located, including adjacent parking areas, without the written permission of the director. The director may define the premises covered by this section and cause those areas to be posted so as to advise persons of the provisions of this section.

Secs. 10-1-113—10-1-126. - Reserved.

ARTICLE 8. - LIVESTOCK RUNNING AT LARGE
Sec. 10-1-127. - Animal defined.

The term "animal," as used in this article, shall not include a cat or dog, but shall include livestock and fowl.

Sec. 10-1-128. - Permitting animal to run at large; staking or grazing on property of another.

No person owning or having charge, care, custody or control of any animal shall cause or permit, either willfully or through failure to exercise due care or control, any such animal to be placed or staked or to graze or be upon the land of another without the written consent of the owner or other authorized person, or upon public lands, streets or highways, or allow any such animal to run at large.

Sec. 10-1-129. - Impoundment.

The director may seize and impound any animal found on any premises in violation of this article, and he shall have a lien upon such animal sufficient to secure payment of all expenses incurred by reason of his seizing, keeping and caring for such animal.

Sec. 10-1-130. - Sale of unclaimed impounded animals.

If no person appears and claims the animal impounded under this article within five days, or if a person does appear to claim the animal impounded within such time but falls to pay the director the expenses as provided in section 10-1-129, the director shall proceed to sell or cause to be sold such animal, except a bovine, at public sale in accordance with the general procedure provided in the law concerning the sale or execution of personal property.

Sec. 10-1-131. - Disposition of impounded animals valued at less than $20.00.

If the animal impounded under this article is of a value less than $20.00 and has not been claimed, the director may, after the expiration of three days from the date of seizure, sell such animal, except a bovine, at private sale without notice. In the alternative, the director may dispose of the animal, except a bovine, in any humane manner.

Secs. 10-1-132—10-1-142. - Reserved.

ARTICLE 9. - KEEPING OF LIVESTOCK
Sec. 10-1-143. - Keeping of Livestock, Fowl.

No person shall keep or maintain any Fowl, or Livestock, except for horses which are regulated pursuant to Section 9-1-35.11, on any property.

Sec. 10-1-144. - Reserved.

Secs. 10-1-145—10-1-154. - Reserved.

ARTICLE 10. - ANIMAL HEALTH
Sec. 10-1-155. - Article supplemental to state law.

This article shall in all respects be construed to supplement and harmonize with the provisions of the laws of the state pertaining to animal industry.

Sec. 10-1-156. - Appointment of county veterinarian.

The county veterinarian shall serve as the City veterinarian. As used in this Code, "county veterinarian" shall mean such person appointed as county veterinarian by the county board of supervisors in compliance with state and federal laws.

Sec. 10-1-157. - Duties of county veterinarian.

It shall be the duty of the county veterinarian, acting in cooperation with the state veterinarian, to enforce all laws of the state, the ordinances of the city and all orders of the city council pertaining to the health and sanitary condition of animals in the city. To this end he or she is authorized, upon approval of the city council, to establish, maintain and enforce such quarantine, sanitary, testing and immunizing measures and to promulgate such rules and regulations as he or she may deem necessary and proper. He or she shall regulate the movement of animals from stockyards, corrals and feedyards, and he or she shall supervise the examination and testing of animals or premises for the presence of contagious, infectious or communicable disease. He or she shall immediately report any human infectious or communicable disease found in animals to the health officer or his or her duly authorized deputy.

Sec. 10-1-158. - Establishment of quarantine.

When the county veterinarian has determined that an infectious disease exists among animals in any area and the importation of animals from such area might spread such disease among the animals within the city, he or she shall notify the city council, designating and describing the area where such disease has been found, and shall, with its approval, establish such quarantine restrictions as the circumstances shall warrant.

The county veterinarian may refuse to permit shipments of animals from such areas to the city unless accompanied by a certificate signed by a state or federal veterinarian certifying that the animals for which such certificate is issued are not infected with or exposed to an infectious disease. Any animals entering the city from any area so described and designated without such a certificate may be quarantined by the county veterinarian and confiscated or disposed of in such manner as to eliminate any danger of the animals within the city being exposed to infection from such disease.

Secs. 10-1-159—10-1-163. - Reserved.

Sec. 10-1-164. - Investigation of diseased animals; powers of county veterinarian.

The county veterinarian shall investigate all reports of the presence of infectious diseases affecting animals within the city. He or she is authorized to enter any premises where animals are kept, or on which he has reason to believe that animals are kept, in order to carry into effect the provisions of this article, and it shall be unlawful for any person to interfere with the official action of the county veterinarian or his or her authorized deputy. The county veterinarian may quarantine any animal suspected of being infected with or exposed to an infectious disease for a reasonable period of observation and until such tests as may be required to ascertain the presence or absence of an infectious disease are completed. Upon discovery of any infectious disease affecting animals in the city, the county veterinarian shall establish such quarantine, sanitary, testing, immunizing and control measures as may be necessary to control or eradicate such disease and prevent the spread thereof to other animals. The county veterinarian may quarantine any animal upon the land or premises where such diseased animal has been kept, and thereafter it shall be unlawful for any person to break such quarantine or to move or allow to be moved any such animals from within the premises thus quarantined, or across the quarantine line so established, without first obtaining permission from the county veterinarian. If, after inspection, the county veterinarian shall deem it proper to issue such a permit, he or she may cause such animal, premises and vehicles of transportation and any infected materials, equipment or effects to be properly cleaned and disinfected.

Sec. 10-1-165. - Damaging or removing quarantine notice.

It shall be unlawful for any person, during the existence of a quarantine as authorized by this article, to remove, tear, deface, mutilate, obscure or otherwise destroy or intertere with any placard, notice or proclamation declaring such quarantine.

Sec. 10-1-166. - Removal of livestock from slaughterhouse.

It shall be unlawful for any person to remove or to allow to be removed, except for immediate slaughter, any livestock from any stockyard owned, controlled or operated by or in connection with or incidental to the operation of any slaughterhouse or packinghouse, except on permits issued by the county veterinarian.

Sec. 10-1-167. - Bringing livestock affected with infectious disease into city.

It shall be unlawful for any person to bring into or receive into the city any livestock known to be affected with any contagious, infectious or communicable disease, unless such animals are specifically permitted to enter the state and the city under federal or state regulations, and then only under the conditions and for the purpose prescribed in the federal and state regulations governing movement of livestock.

Sec. 10-1-168. - Report of arrival and identification of dairy cattle.

The arrival of dairy cattle into the city shall be reported to the county veterinarian immediately. The county veterinarian may mark the cattle for identification with tags or other means, and make a record showing the date of arrival, a description of the cattle, the name of the owner and of the person in charge of the cattle and the place in which they are to be kept. No person shall remove or tamper with any identification mark placed on any animal by the county veterinarian.

Secs. 10-1-169—10-1-173. - Reserved.

Sec. 10-1-174. - Unauthorized tuberculin injection.

No person shall inject or cause to be injected tuberculin into any cattle except when used in connection with a tuberculin test.

Sec. 10-1-175. - Interfering with tuberculin test.

No person shall move any cattle upon which a tuberculin test has been started until the test has been completed without the permission of the veterinarian conducting such test, nor shall any person in any way interfere with such tests.

Sec. 10-1-176. - Testing of cattle for tuberculosis.

Whenever the county veterinarian shall have cause to believe that there is danger that cattle in the city, or any cattle brought into the city, are afflicted with tuberculosis, he shall cause such cattle to be examined and tested for tuberculosis.

Sec. 10-1-177. - Identification and disposition of cattle afflicted with tuberculosis.

All cattle which are shown by the tuberculin test to be afflicted with tuberculosis shall be immediately marked for identification by branding the letter "T" on the left jaw. The "T" shall be three inches in height from top to bottom and two inches wide at the top, and the branding edge shall be not less than one-quarter inch in width. No animals so branded shall be slaughtered or disposed of in any manner or removed from the premises where located when branded unless permission is first obtained from the county veterinarian or from the director of the state department of agriculture.

Sec. 10-1-178. - Confinement of livestock for purpose of testing or inoculation.

The owner or person in charge of livestock shall properly confine in stanchions or chutes any livestock which the county veterinarian may designate for examination, injection, vaccination, observation or administration of tuberculin mallein or for other tests or purposes. If the owner or person in charge refuses to properly confine such livestock for examination, test or vaccination as requested, the county veterinarian may employ help and incur such expense as is necessary to properly control such livestock for the purposes mentioned. The expenses incurred shall be a lien upon the livestock and shall be recovered by action in the name of the city unless paid within ten days after written notice of the amount has been given by the county veterinarian to the owner or person in possession of the livestock.

Sec. 10-1-179. - Report of infectious diseases.

Any person having knowledge of the presence of an infectious disease in livestock shall report the presence of the disease to the county veterinarian. All persons owning or having control of livestock shall assist the county veterinarian in enforcing the provisions of this division and shall obey all orders of the county veterinarian made for the control and eradication of infectious disease, the sanitation of premises, the destruction of livestock and the disposal of carcasses, manure, offal and refuse.

Sec. 10-1-180. - Authority of county veterinarian regarding animals unlawfully brought into city.
county veterinarian, who may dispose of such livestock to protect the public health and the health of domestic animals of the city.

Secs. 10-1-181—10-1-190. - Reserved.

ARTICLE 11. - Reserved.

SECTION 4. Division 2 (Additional or Unusual Animal Permits, Licensing of Animal Facilities, Exhibits and Animal Events) is hereby added to Title 10 (Animals) of the Laguna Niguel Municipal Code to read as follows:
"Division 2 - ADDITIONAL OR UNUSUAL ANIMAL PERMITS, LICENSING OF

ANIMAL FACILITIES, EXHIBITIONS AND ANIMAL EVENTS
Article 1. General Licensing Procedures, §§ 10-2-300—10-2-311 Article 2. Additional or Unusual Animal License, S§ 10-2-400—10-2-404 Article 3. Licensing of Animal Facilities, §§ 10-2-405—10-2-409 Article 4. Animal Exhibition and Animal Event Licenses, §§ 10-2-410-10-2-415 Article 5. Pet Shop - Sale of Animals, §§ 10-2-416-10-2-420 ARTICLE 1. - GENERAL LICENSING PROCEDURES
Sec. 10-2-300. - Applications for licenses.

The director shall develop and manage an animal facility licensing process and receive all applications for animal licenses. The director thereafter shall provide such application forms as are necessary for the convenience of the city, public and the economic and efficient administration of this title.

Sec. 10-2-301. - License fees.

The City of Mission Viejo shall establish the amount of fees to be charged for the application and/or issuance of an animal facility license and additional / unusual animal license. Such fees shall be applicable in the city upon adoption by resolution of the city council in accordance with applicable law. Such fees shall be payable in full and shall not be refundable.

Sec. 10-2-302. - Duration of license.

Each animal facility license shall be in effect for one year from the date on which it was issued, unless otherwise provided by the director.

Sec. 10-2-303. - Reasons for denial.

The director shall deny the application for an animal facility or additional / unusual animal license if it is found that:
(1) The applicant does not fulfill the specific requirements for such license as set forth in this title.
(2) The applicant has made any false, misleading, or otherwise deceptive statement in his application.
(3) The applicant is not a fit person to carry on the licensed animal facility business, as determined by specific and definite evidence in the record. (4) The issuance of an animal facility license to the applicant, or at the location desired, would be detrimental to the public health, safety, or general welfare.

Sec. 10-2-304. - Form of license.

The animal facility or additional / unusual animal license and each duplicate thereof shall contain the date of issuance, the date of expiration, the location(s) of the licensed activity, the signature of the director, and such other matters as are specified in this title and as the director deems appropriate.

Sec. 10-2-305. - Display of license.

Each animal facility licensee shall display his or her license or duplicate license in a prominent location in each licensed facility; or if there is none in the city, shall carry his or her license on the licensee's person at all times when conducting the licensed animal facility or animal-related business; or, if a vehicle is licensed, in such vehicle; and each licensee shall display his or her license to any peace officer so requesting to see it.

Sec. 10-2-306. - Revocation of license.

When the director has issued an animal facility or additional / unusual animal license under the terms of this title, the same may be revoked at any time thereafter by the director if the director becomes satisfied that the conduct of the licensee's animal facility or additional / unusual animal does not or will not comport with the public welfare for any reason or that the same has been conducted in an illegal, improper or disorderly manner, or in a manner substantially different than that described in the licensee's application, or for any other reason for which the application could have been denied.

Sec. 10-2-307. - Licenses not transferable.

No animal facility or additional / unusual animal license issued under the terms of this title shall be transferable or used in conjunction with any activity other than the licensed animal facility business, and no such license shall be displayed by any person other than the licensee or his employee, nor at any location other than that indicated in the license or application.

Sec. 10-2-307. - Appeals.
(a) Any person whose application for an animal facility or additional / unusual animal license is denied, or whose license is revoked, under the terms of this title, by the director, may in writing request an administrative hearing to appeal the denial or revocation of an animal facility or additional / unusual animal license. The request for appeal through an Administrative Hearing shall be delivered to the director within 30 calendar days of the action appealed from. The Animal Services Department shall hold an administrative hearing on such appeal, and notice of the time, date and place of the hearing shall be mailed to the licensee or applicant at the address given in the license application at least ten days prior to the date of the hearing. For the purpose of the hearing, the director may appoint any qualified hearing officer to take evidence offered by the applicant and the director concerning the denial or revocation and summarize the evidence presented and report his findings and recommendations based on such evidence to the director.
(b) The following rules of evidence shall apply:
(1) Oral evidence shall be taken only on oath or affirmation. (2) Each party shall have these rights: to call and examine witnesses, to introduce exhibits, to cross-examine opposing witnesses covered in the direct examination, to impeach any witness regardless of which party first called him or her to testify, and to rebut the evidence against him. If the respondent does not testify in his own behalf, he may be called and examined as if under cross-examination. (3) The hearing will be informal and not be conducted according to judicial 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 in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence but shall not be sufficient in itself to support a finding unless it would be admissible over objection in 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 and unduly repetitious evidence shall be excluded.
(c) Within 15 days following the conclusion of the hearing, the director shall determine, on all the evidence presented to him, or on the summary of evidence and findings of fact and recommendations of the person holding the hearing, whether the denial or revocation under this section should be rescinded or amended. Within five working days following such decision, the director shall notify in writing the person requesting the hearing of his determination as to any issue as to which the hearing was requested.

Sec. 10-2-309. - Licenses required.

It shall be unlawful for any person(s) to maintain additional or unusual animals, or to engage in, conduct, manage or carry on any of the following animal events, facility, businesses, practices, professions, or occupations within the city without first having obtained a license therefor in accordance with this title:
(1) Animal exhibition;
(2) Animal Rental Establishment;
(3) Additional or unusual animal;
(4) Commercial Stable;
(5) Grooming Facility;
(6) Kennel;
(7) Pet shop;
(8) Animal event.

Sec. 10-2-310. - Conditions.
(a) The director shall establish conditions for each type of license to ensure that such animals will be kept or maintained in accordance with the findings required by section 10-2-303 or the requirements of section 10-1-38. The list of conditions shall be supplied to applicants of the specific licenses.
(b) Failure to comply with the established conditions may, at the discretion of the director, result in the denial of a license pursuant to section 10-2-303 or revocation of a license pursuant to section 10-2-306.

Sec. 10-2-311. - Inspection by officials.
(a) Prior to the approval of an application the animal facility, animal event or animal exhibition, shall be inspected by an animal control officer to ensure compliance with the conditions established pursuant to section 10-2-310 and section 10-2-303 and compliance with other applicable local and state laws. If the license is for an event the inspection shall take place the day of the event. Random unannounced inspections may take place at the discretion of the director. (b) Failure to allow for an inspection of an animal facility, animal event or animal exhibition, during normal operating hours may, at the discretion of the director, may result in the denial of a license pursuant to section 10-2-303 or revocation of a license pursuant to section 10-2-306.

ARTICLE 2. - ADDITIONAL OR UNUSUAL ANIMAL LICENSE
Sec. 10-2-400. - Purpose.

The additional or unusual animal license is established to permit the keeping or maintaining as a pet or for the personal utilization by members of the household on the premises or kept as fosters or for the purpose of adoption the following:
(a) Wild or domestic animals pursuant to 10-1-94 or animals not specifically classified which will not jeopardize, endanger or otherwise constitute a menace to the public health, safety or general welfare;
(b) Domestic or wild animals exceeding the number permitted, or on lots or parcels of land having less than the area required, which will not be materially detrimental to the use, enjoyment or valuation of property of other persons located in the vicinity of such site.

Sec. 10-2-401. - Application—Filing.

Any person desiring an additional or unusual animal license may file an application together with any fee established by the City of Mission Viejo, with the director, except that no application shall be filed or accepted if final action has been taken within one year prior thereto by the director on an application requesting the same, or substantially the same license.

Sec. 10-2-402. - Issuance of license.

At the director's discretion, the Animal Services Department may grant an additional or unusual animal license when the following criteria are met:
(a) That the requested animal or animals at the location proposed will not jeopardize, endanger or otherwise constitute a menace to the public health, safety or general welfare;
(b) That the proposed site is adequate in size and shape to accommodate the animal or animals requested without material detriment to the use, enjoyment or valuation of the property of other persons located in the vicinity of the site; (c) That the owner and/or custodian has complied with, and the maintenance of animals at the location proposed will comply with, any other applicable laws, including zoning regulations; and
(d) There have been no substantiated complaints regarding the proposed use and the use will not interfere with the enjoyment or valuation of property of others.

The director shall deny the application where the information submitted by the applicant fails to substantiate these criteria to the reasonable satisfaction of the director.

Sec. 10-2-403. - Conditions and Inspections.
(a) The director, in approving an application for an additional or unusual animal license, may impose such conditions as are deemed necessary to ensure that such animals will be kept or maintained in accordance with the findings required by section 10-2- 303 or the requirements of section 10-1-38.
(b) Prior to the approval of an application for additional or unusual animals, the property shall be inspected by an animal control officer to ensure compliance with the conditions established pursuant to subsection (a) and section 10-2-402 and compliance other applicable local and state laws. Random unannounced inspections may take place at the discretion of the director.
(c) Failure to allow for an inspection of a property within 10 days of a request and at the discretion of the director, may result in the denial of a license pursuant to section 10- 2-303 or revocation of a license pursuant to section 10-2-306.

Sec. 10-2-404. - Limitations on and duration of license.

Each individual additional or unusual animal must be licensed under this article. An additional or unusual animal license shall specify the number and types of animals authorized to be kept on the parcel, and shall contain any conditions deemed necessary by the director.

The additional or unusual animal license is non-transferable and must be renewed annually.
of the city of Laguna Niguel, or conditions imposed by the director shall constitute cause for denial or revocation of the license.

Article 3. - LICENSING OF ANIMAL FACILITIES
Sec. 10-2-405. - Regulations.

All animal facilities must comply with the requirements of section 10-1-38. In addition, all animal facilities shall comply with the regulations adopted by the City of Mission Viejo which govern the construction and maintenance of animal facilities licensed under this title, including animal exhibitions, animal rental establishments, kennels, grooming facility and pet shops. Failure to comply with such regulations shall constitute cause for denial or revocation of such license.

Sec. 10-2-406. - Dog kennel.

In addition to complying with section 10-1-38, holders of a dog kennel license must comply with the following additional requirements:
(a) Dog kennel runs shall be of concrete, provided with adequate draining for proper sanitation, or, if sand or pea gravel is used, droppings must be picked up and disposed of and the runs treated periodically with an effective disinfectant. (b) All dogs under the custody or control of a dog kennel must be vaccinated for rabies in accordance with the provisions of section 10-1-60. Upon the sale of any dog for which a kennel has obtained a vaccination pursuant to this section, the owner of such kennel or pet shop shall provide the purchaser of such dog with the certificate of vaccination.
(c) The holder of a dog kennel license shall keep available for inspection, on the premises, a record that shall show:
(1) Any animal kept or maintained contrary to the provisions of this Code or any regulation adopted thereunder, or any state statute. The name, current address and telephone number of the owner of each animal kept at the kennel; (2) The reason for such animal being at the kennel, such as for boarding, sale, breeding or grooming;
(3) Vaccination for the prevention of distemper and parvo, date of vaccination, lot number, and manufacturer.

As a part of such record, a current, valid rabies certificate shall be maintained for every dog over four months of age so long as such dog is kept at the kennel.

Sec. 10-2-407. - Cat kennel.

In addition to complying with section 10-1-38 holders of a cat kennel license must comply with the following additional requirements:
(a) The cat kennel operator shall keep all cats therein under proper confinement on the premises and shall not cause, permit or allow such cats to be or to run at large. (b) An individual license shall be obtained for each cat, in addition to a kennel license, when such cat is not kept exclusively in a kennel run or cage. No individual license shall be required for any cat in transit, or when attending a cat show in the care of a kennel representative.
(c) Each cat must have been vaccinated with a FVRCP vaccine to prevent feline distemper/panleukopenia.

Sec. 10-2-408. - Pet shop.

In addition to complying with the requirements of section 10-1-38, the holder of a pet shop license shall obtain a rabies vaccination for each dog within its custody or control in accordance with the provisions of section 10-1-60. Upon the sale of any dog for which a kennel or pet shop has obtained a vaccination pursuant to this section, the owner of such kennel or pet shop shall provide the purchaser of such dog with the certificate of vaccination.

Article 4. - ANIMAL EXHIBITION AND ANIMAL EVENT LICENSES Sec. 10-2-410. - Scope.

All animal exhibitions and animal events shall comply with section 10-1-38 and the requirements of this article.

Sec. 10-2-411. - Animal safekeeping.

All animals shall be kept in a manner to prevent escape and in a manner to not endanger human life or damage property.

Sec. 10-2-412. - Water supply.

All water supplied for domestic use shall be from an approved source of potable water.

Sec. 10-2-413. - Fly control.

Fly breeding shall be controlled by removing all organic waste daily from the premises. This includes cleaning of the vehicles, upon arrival, that transport the animals.

Insecticides, both residual and quick knockdown sprays, shall be available and used as directed by the health officer.

Sec. 10-2-414. - Final cleanup.

The licensee shall ensure all animal waste, trash and other debris is promptly removed at the conclusion of the Animal Event or Animal Exhibition.

Article 5. - PET SHOP - SALE OF ANIMALS
Sec. 10-2-418. Sale of Dog, Cats and Rabbits Prohibited. (a) A pet shop or retail pet store or its operator shall not sell, deliver, offer for sale, barter, auction or otherwise dispose of a cat, dog, or rabbit except as provided in subsection(b).
(b) The provisions of subsection (a) shall not apply to:
(1) A publicly operated animal shelter or animal control enforcement agency, animal rescue organization or nonprofit humane society; (2) A pet shop or retail pet store offering a cat, dog, or rabbit owned by an animal shelter or animal rescue organization for purposes of adoption of the cat, dog, or rabbit by a member of the public, so long as the pet shop does not receive any fee from the adoption and does not have any monetary or ownership interest in the cat, dog, or rabbit;
(3) The sale or offering for sale of a dog, cat or rabbit as part of an adoption event held by an animal shelter or rescue organization if the retail pet store or pet shop does not receive any payment from the sale or offering or for the use of the store or store resources in connection with the adoption event; or (4) Dogs, cats and/or rabbits sold directly from the premises upon which they are born and reared or through a breeder, excluding pet shops or retail pet stores.

Sec. 10-2-419. Inspection by officials.
(a) Each pet shop or retail pet store shall maintain records sufficient to document the source of each dog, cat, or rabbit that the pet shop acquires for at least one year following the date of acquisition. Such records shall be made available, immediately upon request, to any police officer, code enforcement officer, animal control officer, humane law enforcement officer or other investigating official. (a) The city, county, or any investigating official shall have the right to enter the premises of any pet shop or retail pet store from time to time during regular business hours to conduct reasonable inspections to ensure and verify compliance with this article. No person shall refuse to permit or interfere with a lawful inspection of any pet shop or retail pet store by city or county investigating officials.

Sec. 10-2-420. Enforcement and remedies.
(a) A violation of any provision of this article or failure to comply with any requirement thereof shall be a violation of law. Each event or transaction in which a dog, cat, , Ог rabbit is sold or offered for sale in violation of this section shall constitute a separate offense.
(b) Any person, operator, pet shop or retail pet store operating or conducting or maintaining a pet shop or retail pet store contrary to the provisions of this article and/or state and federal laws shall be and the same is hereby declared to be unlawful and a public nuisance. The city attorney may, in addition to the penalties proscribed in this section, commence an action or actions, proceeding or proceedings for the abatement, removal, or enjoinment thereof, in any manner provided by law. (c) The remedies and penalties provided in this section are cumulative and in addition to any other remedies available at law or in equity."
SECTION 5. Division 3 (Administrative Citations for Title 10 Violations) is hereby added to Title 10 (Animals) of the Laguna Niguel Municipal Code to read as follows:
"Division 3 - ADMINISTRATIVE CITATIONS FOR TITLE 10 VIOLATIONS Article 1. Administrative Citation Procedure, §S 10-3-600-10-3-616 Article 1. - ADMINISTRATIVE CITATION PROCEDURE
Sec. 10-3-600. Scope.

This article provides for administrative remedies for any violation of this title, which remedies may be pursued in lieu of any other legal remedy, criminal or civil, which may be pursued by the city or Animal Services to address any violation of this title. The city attorney or city prosecutor, shall have sole discretion to determine whether a violation will be prosecuted criminally. The remedies and penalties provided in this article are cumulative and in addition to any other remedies available at law or in equity.

Sec. 10-3-601. Definitions.

The following words and phrases, when used in the context of this title, shall have the following meanings:

Citation Processing Center means an approved vendor to the Animal Services Department who holds a current contract to process administrative citations.

Enforcement official means any person authorized to enforce the provisions of the Laguna Niguel Municipal Code or any other code or regulations regulating animal services incorporated by reference by the City of Laguna Niguel.

Legal interest means any interest that is represented by a deed of trust, quitclaim deed, mortgage, judgment lien, tax or assessment lien, mechanic's lien or other similar instrument, which is recorded with the county recorder.

Responsible person means any person whom an enforcement official determines is responsible for causing or maintaining a violation of this title. The term "responsible person" includes but is not limited to an animal owner, property owner, tenant, person with a legal interest in real property, or person in possession of real property.

Sec. 10-3-604. Procedure for serving administrative citation.

An enforcement official may issue an administrative citation, on a form approved by the director, to a responsible person, as follows:
(a) By personally delivering the administrative citation to a responsible person, posting an administrative citation in a conspicuous place on the residence of the responsible person or by mailing the administrative citation to the responsible person, the mailing shall be sent by certified mail, postage prepaid, return I receipt requested.

Simultaneously, the same notice may be sent by regular mail. If a notice sent by certified mail is returned unsigned, then service shall be deemed effective pursuant to regular mail, provided the notice that was sent by regular mail is not returned. (b) If the responsible person is a corporation, the enforcement official shall attempt to locate any one of the following individuals and issue to that individual an administrative citation: the president or other head of the corporation, a vice president, a secretary or assistant secretary, a treasurer or assistant treasurer, a general manager, or a person authorized by the corporation to receive service of process in a civil action. If the office address of any of the above-listed individuals is known to the city, a copy of the administrative citation also shall be mailed to one of those individuals by certified mail, postage prepaid, return receipt requested.

Simultaneously, the same notice may be sent by regular mail. If a notice sent by certified mail is returned unsigned, then service shall be deemed effective pursuant to regular mail, provided the notice that was sent by regular mail is not returned. (c) If the responsible person is a business other than a corporation, the enforcement official shall attempt to locate the business owner and issue the business owner an administrative citation. If the enforcement official can locate only the manager of the business, the administrative citation may be given to the manager of the business. If the address of the business is known, a copy of the administrative citation also shall be mailed to that address to the attention of the business owner or a responsible person. The mailing shall be sent by certified mail, postage prepaid, return receipt requested. Simultaneously, the same notice may be sent by regular mail. If a notice sent by certified mail is returned unsigned, then service shall be deemed effective pursuant to regular mail, provided the notice that was sent by regular mail is not returned.

The enforcement official shall attempt to obtain on the administrative citation the signature of the responsible person, or in cases in which the responsible person is a corporation or business, the signature of the person served with the administrative citation. If a responsible person or person served refuses or fails to sign the administrative citation, the failure or refusal to sign shall not affect the validity of the citation or of subsequent proceedings.
(e) If the enforcement official is unable to locate a responsible person for the violation, the administrative citation shall be mailed to the responsible person by certified mail, postage prepaid, return receipt requested. Simultaneously, the same notice may be sent by regular mail. If a notice sent by certified mail is returned unsigned, then service shall be deemed effective pursuant to regular mail, provided the notice that was sent by regular mail is not returned.
(f) If the enforcement official does not succeed in serving the responsible person personally, or by certified mail or regular mail, the enforcement official shall post the administrative citation on any real property within the city in which the city has knowledge that the responsible party has a legal interest, and such posting shall be deemed effective service.
(g) If the enforcement official does not succeed in serving the responsible person personally, by certified mail or regular mail, and the city is not aware that the responsible party has a legal interest in any real property within the city, the enforcement official shall cause the administrative citation to be published once a week for four successive weeks in a local newspaper published at least once a week.

Sec. 10-3-605. Administrative fee; late payment charges; correctable violations. (a) The administrative fine imposed pursuant to this division for any violation of this title shall be in the amount set forth in the administrative citation schedule established by the resolution of the city council. The schedule shall specify the amount of any late payment charges imposed for failure to timely pay the fine. This section does not apply to animal nuisance violations pursuant to section 10-1-48. (b) At the issuing officer's discretion, an administrative citation for violations listed in division 1, article 3 and 4 of this title may be deemed correctable. It is the responsible person's responsibility to correct the violations and submit proof of the correction to the citation processing center no later than 30 days from the issuance date of the administrative citation. If corrected within the specified time frame the administrative fine will be reduced to the cost of processing the citation.

Sec. 10-3-606. Payment of administrative fine.

The administrative fine shall be paid to the city within 30 days from the issuance date of the administrative citation. If, after a hearing requested pursuant to section 10-3-607, the hearing officer determines that the administrative citation should be canceled, the administrative fine shall be refunded in accordance with section 10-3-613.

Sec. 10-3-607. Request for administrative hearing.

Any responsible person to whom an administrative citation is issued may contest the citation no later than 30 days from the issuance date of the administrative citation by (1) providing an appeal to the citation processing center; and (2) depositing the administrative fine with the citation processing center. The person requesting the hearing shall be notified by of the time and place of the hearing at least ten days before the date of the hearing.

Sec. 10-3-608. Time for administrative hearing.

Only after a request for a hearing is filed, and the responsible person requesting the hearing has deposited the administrative fine in full, shall the citation processing center set the date and time for the administrative hearing. The hearing shall be set for a date not less than 15 days nor more than 60 days after the request for hearing form is filed, and the administrative fine is deposited with the citation processing center. The citation processing center shall send notice of the date, time, and place of the hearing to the person requesting the hearing at least ten days before the date of the hearing.

Sec. 10-3-609. Request for continuance of hearing.

The responsible person requesting a hearing may request one continuance, but in no event may the hearing begin later than 90 days after the request for hearing form is filed, and the administrative fine is deposited with the citation processing center.

Sec. 10-3-610. Appointment of administrative hearing officer.

The director of the department through which the administrative citation was issued, or his or her designee, shall select an administrative hearing officer. The administrative hearing officer may be, without limitation, a member of the staff of the department through which the administrative citation was issued. In no event, however, shall the enforcement official who issued the administrative citation be the administrative hearing officer.

Sec. 10-3-611. Procedures at administrative hearing.

Administrative hearings are informal, and formal rules of evidence and discovery do not apply. Each party shall have the opportunity to present evidence in support of his or her case and to cross-examine witnesses. The city bears the burden of proof at an administrative hearing to establish a violation of this title. The administrative citation and any additional reports submitted by the enforcement official shall constitute prima facie evidence of the facts contained in those documents. The administrative hearing officer must use preponderance of evidence as the standard of evidence in deciding the issues.

Sec. 10-3-612. Failure to attend administrative hearing. (a) If the responsible person fails to attend the scheduled hearing, the hearing will proceed without the responsible person, and he or she will be deemed to have waived his or her right to an administrative hearing. Notwithstanding this waiver and the time limits set forth in section 10-3-608, if service of the administrative citation is made by posting the citation on real property within the city in which the responsible person has a legal interest, and the responsible person provides verifiable and substantial evidence that removal of the administrative citation from the property by a third party caused the responsible person's failure to attend the scheduled hearing, the responsible person shall be entitled to an administrative hearing. (b) If the hearing is to contest an administrative citation for a violation of 10-1-48, failure of the animal owner or responsible person to appear at the hearing, unless the hearing was continued by the animal services department prior to the hearing date, shall constitute abandonment and will require the citation fine to be paid. Failure of the complainant to appear at the hearing, unless the hearing was continued by the animal services department, shall constitute abandonment of the complaint and shall be grounds for dismissal of the nuisance violation and citation. The complainant's failure to appear shall be noted and mailed to the animal owner and complainant.

Sec. 10-3-613. Decision of administrative hearing officer.

No later than 30 days after the date on which the administrative hearing concludes, the administrative hearing officer shall issue a written decision to uphold or cancel the administrative citation. The administrative hearing officer shall set forth the reasons for the decision. The decision shall be served upon the responsible person by the applicable method set forth in section 10-3-604. If the administrative hearing officer upholds the administrative citation, the city of Mission Viejo shall retain the fine deposited by the responsible person. If the administrative hearing officer cancels the administrative citation, any fine deposited with the citation processing center shall be promptly refunded.

The administrative hearing officer's written decision is final, and shall notify the responsible person of his right to appeal as provided in section 10-3-615.

Sec. 10-3-614. Collection of administrative fine.

The Animal Services Department may collect any past-due administrative fine or late payment charges by use of any available legal means.

Sec. 10-3-615. Appeal of decision of administrative hearing officer.

Within 20 days after service of the decision of the administrative hearing officer upon the responsible person, he or she may seek review of the decision by filing a notice of appeal with the municipal court. The responsible person shall serve upon the city clerk of the city of Mission Viejo either in person or by first class mail a copy of the notice of appeal. If the responsible person fails to timely file a notice of appeal, the administrative hearing officer's decision shall be deemed confirmed.

Sec. 10-3-616. Failure to pay administrative fine; remedies and enforcement.

Failure to pay an administrative fine is a misdemeanor. Filing a criminal misdemeanor action does not preclude the city from using any other legal remedy available to gain compliance with the administrative order. The remedies and penalties provided in this section are cumulative and in addition to any other remedies available at law or in equity." SECTION 6. Section 5-1-1 (Definitions (A)) of Article 1 (Definitions) of Division 1 (General Provisions) of Title 5 (Business and Special Licenses; Business Regulations) is hereby amended in to repeal the definitions of "animal exhibition" and "animal rental establishment" as follows:
"Sec. 5-1-1. - Reserved."
SECTION 7. Section 5-1-3 (Definitions (C)) of Article 1 (Definitions) of Division 1 (General Provisions) of Title 5 (Business and Special Licenses; Business Regulations) is hereby amended in to repeal the definitions of "commercial hog ranch" and "commercial stable" as follows, with all other provisions of Section 5-1-3 remaining the same:
"Sec. 5-1-3. - Definitions (C).

Canvasser means any person not having an established place of business in the city who, for himself or as an agent of another, goes from house to house for the purpose of soliciting orders or subscriptions for any goods, wares, merchandise or product, of any nature or description, for future delivery, whether or not advance payments are collected at the time the order or subscription is taken, except salesmen or solicitors regularly employed by any wholesale house or jobber who take or solicits orders from retailers or other merchants conducting a regularly established place of business, or any person who sells or offers for sale any goods, wares, merchandise or products in his possession where such goods wares, merchandise or products are delivered at the time and place the sale is made, or persons selling, offering for sale or delivering to purchasers any farm or garden products where the products are raised or produced upon the property of the persons offering the products for sale, whether or not the property is owned or leased by such persons.

Coin-currency dealer means a person dealing in a business where coins or currency are bought, sold, traded, pawned, auctioned or accepted for sale on consignment at a price above the face value of such coins or currency upon the basis, express or implied, that the value above the face value is derived from the age, rareness, condition, mineral content or historical associations of the coins or currency. Except for coins or currency, the term "coin-currency dealer" shall not include a shop where secondhand merchandise, including but not limited to jewelry or metals, is bought, sold, traded, pawned, auctioned or accepted for sale on consignment. Shops which buy, sell, trade, pawn, auction or accept for sale on consignment coins or currency at a price above the face value of such coin or currency and where secondhand merchandise other than coins or currency is bought, sold, traded, pawned, auctioned or accepted for sale on consignment shall comply with section 5-3-105 as to such other secondhand merchandise.

Commercial means operated or carried on primarily for financial gain.

Commercial garbage means any garbage other than garbage produced upon the premises covered by the license provided for in this title.

Commercial manure dealer means any person who, for a fee, gathers, collects, hauls, stockpiles, spreads or sells any manure or manure-like substance." SECTION 8. Section 5-1-7 (Definitions (G)) of Article 1 (Definitions) of Division 1 (General Provisions) of Title 5 (Business and Special Licenses; Business Regulations) is hereby amended in to repeal the definition of "grooming parlor" as follows, with all other provisions of Section 5-1-7 remaining the same:
"Sec. 5-1-7. - Definitions (G).

Garbage means all animal and vegetable refuse or residue from kitchens, canneries, bakeries, restaurants, lunchstands, meat, fish, fruit or vegetable markets and other food handling places, and all household waste or residue that results from the preparation or care for or treatment of foodstuffs intended to be used as food or which has resulted from the preparation or handling of food for human consumption, or any decayed and unsound meat, fish, fruit and vegetables."
SECTION 9. Section 5-1-11 (Definitions (K)) of Article 1 (Definitions) of Division 1 (General Provisions) of Title 5 (Business and Special Licenses; Business Regulations) is hereby amended in to repeal the definition of "kennel" as follows:
"Sec. 5-1-11. - Reserved."
SECTION 10. Section 5-1-17 (Definitions (P)) of Article 1 (Definitions) of Division 1 (General Provisions) of Title 5 (Business and Special Licenses; Business Regulations) is hereby amended in to repeal the definition of "pet shop" as follows, with all other provisions of Section 5-1-17 remaining the same:
"Pawnbroker means a person engaged in conducting, managing or carrying on the business of pawnbroking or the business of lending money for himself or any other person upon personal property, pawns or pledges, or the business of purchasing articles of personal property and reselling or agreeing to resell such articles to the vendors or their assignees at prices agreed upon at or before the time of such purchase.

Pecuniary compensation means any commission, fee, gratuity, hire, profit or reward, or any other form of consideration.

Peddler means and includes every person who travels from place to place or has a stand upon any public street, alley or other public place, in the doorway of any room or building, or upon any lot or parcel of land, who sells or offers for sale any goods, wares or merchandise in his possession, other than food, except salesmen or solicitors regularly employed by any wholesale house or jobber who take or solicit orders from retailers or other merchants conducting a regularly established place of business. Peddler includes sidewalk vendors, as defined in section 5-7-01 of article 1 of division 7 of title 5.

Person means both the singular and the plural, and shall also mean and include a person, individual, firm, corporation, copartnership, association, club, society or any other organization.

Pool room means any place open to the public where billiards, pool or bagatelle is played, except a private house and except the rooms of a bona fide fraternal organization, where the general public is allowed to play therein, whether any compensation or reward is charged for the use of such tables or not.

Profit interest means any interest or share in the present or prospective profit of an escort bureau or introductory service.

Public baths means any place where there is given steambaths, electric lights baths, electric tub baths, showerbaths, sponge baths, sunbaths, mineral baths, vapor baths, Russian, Swedish or Turkish baths or any other type of baths or fomentations, or alcohol rubs or any other types of rubs, or where there is given salt glows or any type of therapy, and includes any public bathing place which has in connection therewith a steam room, hot room, plunge, showerbath or sleeping accommodations.

Public dance means a gathering of persons in or upon any premises where dancing is participated in, either as the main purpose of such gathering or as an incidental to some other purpose, and to which premises the public is admitted, either with or without charge, and to which not more than 2,500 persons shall be admitted." SECTION 11. Section 5-1-29 (Business Requiring License) of Article 2 (Licenses Required) of Division 1 (General Provisions) of Title 5 (Business and Special Licenses; Business Regulations) is hereby amended in to repeal Subsections (1) (animal exhibition), (2) (animal rental establishment), (5) (commercial stable), (6) (grooming parlor), (7) (hog ranch), (8) (kennel) and (13) (pet shop), and with all other provisions of Section 5-1-29 remaining the same, as follows:
"Sec. 5-1-29. Businesses requiring license.

It shall be unlawful for any person to engage in, conduct, manage or carry on any of the following businesses, practices, professions or occupations within the city without first having obtained a license therefor in accordance with division 2 of this title:
(1) Reserved.

Reserved.
(3) Bingo games.
(4) Business solicitor or canvasser.
(5) Reserved.
(6) Reserved.
(7) Reserved.
(8) Reserved.
(9) Mobile X-ray unit operator.
(10) Outdoor gathering.
(11) Pawnbroker, pawnshop, junk dealer, junk collector, secondhand dealer or coin-currency dealer.
(12) Peddler.
(13) Reserved.
(14) Pool room.
(15) Public bath, massagist or massage parlor.
(16) Public dance.
(17) Retail sale of concealable firearms.
(18) Security system or security officer.
(19) Show.
(20) Taxicab stand.
(21) Figure model studio and figure models.
(22) Dance studio and dance instructors.
(23) Rap session establishment and interlocutrices.
(24) Escort, escort bureau and introductory services.
(25) Sidewalk vending."
SECTION 12. Section 5-2-1 (Issuing Officer) of Article 1 (Application, Fees and Issuance; Revocation; Appeals) of Division 2 (License Procedure and General License Requirements) of Title 5 (Business and Special Licenses; Business Regulations) is hereby amended in its entirety to read as follows:
"Sec. 5-2-1. Issuing officer.

All licenses issued pursuant to this title shall be issued by the issuing officer, who in the case of licenses for shows and mobile X-ray unit operators shall be the health officer, and in all other cases shall be the chief of police, except that licenses for outdoor gatherings shall be issued by the city council."
SECTION 13. Article 5 (Hog Ranches) of Division 3 (Specific Additional License Requirements and Business Regulations) of Title 5 (Business and Special Licenses; Business Regulations) is hereby deleted in its entirety as follows:
"ARTICLE 5. Reserved."
SECTION 14. Article 17 (Animal Facilities) of Division 3 (Specific Additional License Requirements and Business Regulations) of Title 5 (Business and Special Licenses; Business Regulations) is hereby deleted in its entirety as follows:
"ARTICLE 17. Reserved."
SECTION 15. SAVINGS CLAUSE
Neither the adoption of this Ordinance nor the repeal or amendment by this Ordinance of any ordinance or part or portion of any ordinance previously in effect in the City, or within the territory comprising the City, shall constitute a waiver of any license, fee or penalty or the penal provisions applicable to any violation of such ordinance.

SECTION 16. SEVERABILITY
If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

SECTION 17. EFFECTIVE DATE
This Ordinance shall take effect and be in full force and operation thirty (30) days after its final passage and adoption.

SECTION 18. CITY CLERK'S CERTIFICATION
The City Clerk shall certify to the adoption of this Ordinance and cause the same to be posted at the duly designated posting places within the City and published once within fifteen (15) days after passage and adoption as required by law; or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and post a certified copy of the text of this Ordinance in the Office of the City Clerk five (5) days prior to the date of adoption of this Ordinance, and, within fifteen (15) days after adoption, the City Clerk shall cause to be published the aforementioned summary and shall post a certified copy of this Ordinance, together with the vote for and against the same, in the Office of the City Clerk.

PASSED, APPROVED AND ADOPTED this XX day of _, 2022.

Elaine Gennawey, Mayor
ATTEST:

Deborah Harrington, Interim City Clerk

CERTIFICATION

STATE OF CALIFORNIA )

COUNTY OF ORANGE )SS

LAGUNA NIGUEL )
1, Deborah Harrington, Interim City Clerk of the City of Laguna Niguel, California, do ereby certify that the foregoing is Ordinance No. 2022-215 which was adopted at regular meeting of the City Council of the City of Laguna Niguel, California, held on XX, 2022 by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

Deborah Harrington, Interim City Clerk