Laguna Niguel City Council
February 17, 2026

To:

FROM:

DATE:

SUBJECT:

CITY OF LAGUNA NIGUEL

CITY COUNCIL AGENDA ITEM
Honorable Mayor and Council Members
Stacey Chavez, Deputy City Clerk
Marissa J. Asistin, City Clerk
Justin J. Martin, Assistant City Manager
February 17, 2026
Recodification of the Laguna Niguel Municipal Code - Titles 10 and 13 Updates

RECOMMENDATION
Staff recommends that the City Council review and provide direction regarding the recodification of the Laguna Niguel Municipal Code - Titles 10 and 13.

BACKGROUND
The Laguna Niguel Municipal Code ("Code") was originally adopted in 1989, coinciding with the City of Laguna Niguel's ("City") incorporation. Since that time, individual ordinances have been adopted and amended ; however , a comprehensive recodification of the entire Code has not been completed in 35 years. As a result, portions of the Code have become outdated and inconsistent with current state law, City practices , and modern formatting standards .

Following a Request for Proposal , the City entered into an agreement with American Legal Publishing in late 2023 to update and recodify the Laguna Niguel Municipal Code.

American Legal Publishing 's legal department performed a comprehensive technical , legal, and editorial analysis of the existing Laguna Niguel Municipal Code. The analysis included a statutory and case law comparison to identify conflicts , inconsistencies , preemptions , and other potential problems , as well as a review for internal discrepancies such as duplications , ambiguities , and obsolete terminology. Staff also worked with the City Attorney 's Office to identify additional revisions , refine proposed language , and ensure that all updates accurately reflect current City practices , organizational structure , and applicable state law.

The recodification of the Laguna Niguel Municipal Code fulfills Goal 5 Strategy 8:

Comprehensive Municipal Code Update, of the City's adopted Strategic Plan.

ANALYSIS
The Laguna Niguel Municipal Code has undergone a comprehens ive review by all City departments , the City Attorney 's Office and American Legal Publishing , resulting in the restructuring and revision of various provisions throughout the Code's titles.

While subject specific changes have been made in each Code title, non-substantive changes have been made throughout the entire Code.

Non-Substantive changes made throughout the entire Code include: Updating city official titles; making grammatical corrections ; Updating organization and numbering ; including gender-neutral language ; standardizing cross-references and editor's notes; and, adding legislative history notes.

Updates to individual Code Titles (10 and 13) were also made as follows :

TITLE 10: ANIMALS
Terminology Update
Renumbering in Chapters 2
and 3
Reserved Sections
Amended Language
Updated the definition from "CROWING FOWL" to
"FOWL, CROWING " to fit alphabetically within
section 10-1-7.

Updated the numbering in Chapters 2 and 3 to match
the format used throughout the rest of the code. For
example :
• Prior Code § 10-2-300 has been changed to
§10-2-1 .
• Prior Code§ 10-2-301 has been changed to
§ 10-2-2, and so forth.
• Prior Code § 10-3-600 has been changed to
§ 10-3-1.
• Prior Code § 10-3-601 has been changed to
§ 10-3-2, and so forth.

Addressed gaps in prior numbering by reserving
sections for future use. For example :
• Prior Code§ 10-2-311 has been changed to
§ 10-2-12.
• Prior Code § 10-2-400 has been changed to
§ 10-2-20.
• Sections §§ 10-2-13 through 10-2-19 have
been reserved for future expansion.

Removed the second instance of the word "may," as
it was repeated unnecessarilv in Section 10-2-12.

TITLE 13: PARKS AND RECREATIONAL FACILITIES
Structural Changes to Removed Subchapter 3 entirely and renumbered Subchapters Subchapters 4 through 7 to align as Subchapters 3 throuqh 6.

Content Removal Removed the term "beaches ".

Terminology Revisions Replaced the term "Eviction" with "Revocation of Use." Updated the term "Trash/Rubbish " to
"Containers for Garbaqe or Rubbish"
Removed Sections 13-1-17 Removed Sections referencing camping , as there and 13-1-95 are no designated camping grounds within the City.

Revised Sections 13-1-2, 13- Updates clarify definitions , conditions of park use, 1-3 and 13-1-4 and enforcement authority , and refine the roles and responsibilities of the Director and City to improve
consistency , readability , and alignment with current
City orqanizational structure and practices.

Revised Sections 13-1-15 and Updates improve clarity regarding authorized hours 13-1-51 of operation, restrictions on after-hours access , and the removal of personal equipment left in parks to
support safety, maintenance , and operational
efficiency.

Revised Sections 13-1-20, Updates modernize and clarify permitting and 13-1-25 , 13-1-26 and 13-1-44 revocation-of-use procedures , including public gatherings , amplified sound, organized play, and
appeals processes , ensuring due process , equitable
facility access , and effective enforcement consistent
with current City practices.

Revised Sections 13-1-28 and Updates strengthen sanitation standards , waste 13-1-38 disposal requirements , and wildlife protection provisions.

Revised Sections 13-1-35 and Updates clarify prohibitions related to alcohol , 13-1-37 weapons , fireworks , and related activities to improve public safety, reduce risk, and align enforcement with
established City and state requlations .

Revised Sections 13-1-29 , 13- Updates address vehicle operation and parking , trail 1-46, 13-1-47 and 13-1-48 use, closed areas, equestrian activity, livestock restrictions , and the erection of structures to
enhance safety, protect park infrastructure , and
ensure appropriate use of recreational spaces .

Revised Section 13-1-65 Updates clarify fire-related and smoking regulations aligning park rules with current fire safety standards
and public health policies.

Revised Section 13-1-79 Updates clarify signage , frequency board, and flying plan requirements for glider operations to support
safe use of specialized facilities and ensure
compliance with adopted operational standards .

Revised Subchapter 5. Updates to various sections throughout Subchapter Skateboard Park Regulations 5 were made to improve clarity, consistency , and enforceability of the Skateboard Park regulations

while aligning the code with current City practices
and risk-manaQement standards .

Addition of Terminology Added the terms "drone" and "e-bike" throughout the title to reflect technologies that now exist but
were not in use when the Code was originally
adopted in 1989.

Updates to Titles 10 and 13 of the Laguna Niguel Municipal Code (Attachments A and B) are intended to maintain clarity, consistency , and alignment with current law and City practices . These updates demonstrate the City's ongoing commitment to maintaining an efficient , transparent , and accessible municipal code.

FISCAL REVIEW
There is no fiscal impact as a result of this report.

LEGAL REVIEW
No legal review is required for this report. Staff has worked closely with the City Attorney 's Office on the Municipal Code update and recodification project.

CONCLUSION
Staff recommends that the City Council review and provide direction regarding the recodification of the Laguna Niguel Municipal Code - Titles 10 and 13. ~ J!&#OUWM
City Manager anager
Scott C. Smith
City Attorney
Attachments:

A. Title 10 Updates : Animals
B. Title 13 Updates: Parks and Recreational Facilities

ATTACHMENT A
Title 10 Updates: Animals
Laguna Niguel, California, Code of Ordinances
TITLE 10 ANIMALS

TITLE 10

ANIMALS
Chapter 1. Animal Control, Welfare and License Requirements Chapter 2. Additional or Unusual Animal Permits, Licensing of Animal Facilities, Exhibitions and Animal Events
Chapter 3. Administrative Citations for Title 10 Violations

Chapter 1 ANIMAL CONTROL, WELFARE AND LICENSE REQUIREMENTS1 Subchapter 1. General Provisions, §§ 10-1-1—10-1-44
Subchapter 2. Keeping and Restraint of Dogs and Cats, §§ 10-1-45— 10-1-59
Subchapter 3. Rabies Control, §§ 10-1-60—10-1-69
Subchapter 4. Dog Licensing; Animal Permit, §§ 10-1-70—10-1-84 Subchapter 5. Cat Licensing, §§ 10-1-85—10-1-93
Subchapter 6. Dangerous and Vici ous Animals, §§ 10-1-94—10-1-104 Subchapter 7. Animal Impoundment, §§ 10-1-105—10-1-126 Subchapter 8. Livestock Running at Large, §§ 10-1-127—10-1-142 Subchapter 9. Keeping of Livestock, §§ 10-1-143—10-1-154 Subchapter 10. Animal Health, §§ 10-1-155—10-1-190
Subchapter 11. Reserved

SUBCHAPTER 1. GENERAL PROVISIONS
§ 10-1-1 Definitions.

The words, terms and phrases defined in §§ 10-1-2 through 10-1-27, when used in this chapter, shall have the meanings ascribed to them in §§ 10-1-2 through 10-1-27, except where the context clearly indicates a different meaning.
(Ord. 2022-215, § 3, passed 6-7-22)
Cross reference: Definitions generally, see § 1-1-18.
§ 10-1-2 Definitions (A).

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

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

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

Animal services department. 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. A vaccine which is approved for use in the animal concerned by the California department of health.

Approved research institution. A college, hospital, university or research laboratory conducting research under humane conditions, if the director so finds and certifies in writing. (Ord. 2022-215, § 3, passed 6-7-22)
§ 10-1-3 Reserved.
§ 10-1-4 Definitions (C).

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

City. The City of Laguna Niguel.

City attorney. The city attorney or their assistants authorized pursuant to Title 2, Chapter 7.

City council. The City Council of the City of Laguna Niguel.

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

Commercial stable. Any property where equines are sheltered or fed on a commercial basis. (Ord. 2022-215, § 3, passed 6-7-22)
§ 10-1-5 Definitions (D).

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

Director. The City of Mission Viejo Animal Services Director or their designee or such other person may be designated by the city council. Also referred to as animal services director.

Dog. Domesticated members of the species Canis familiaris; it excludes other members of the family Canidae.
(Ord. 2022-215, § 3, passed6-7-22)
§§ 10-1-6 RESERVED.

§ 10-1-7 Definitions (F).

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

Fowl. Any male and female chicken, duck, goose, seafowl, peacock, turkey and pheasant.

Crowing fowlFowl, Crowing. Any male fowl capable of making a sound particular to its species or type. (Ord. 2022-215, § 3, passed 6-7-22)
§ 10-1-8 Definitions (G).

Garbage. 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. 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. Any dog utilized, on a commercial basis, to guard any property within the city, including guarding against fire or theft or both.

Guide dog. A properly trained dog certified by a licensed guide (Seeing Eye) dog agency and actually being used by a blind person.
(Ord. 2022-215, § 3, passed 6-7-22)
§ 10-1-9 RESERVED.
§ 10-1-10 Definitions (I).

Immediate slaughter. 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. Having been received into the custody of any animal shelter, or into the custody of the director or their authorized agent or deputy.

Infectious disease. 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 chapter and any rules or regulations adopted pursuant thereto.
(Ord. 2022-215, § 3, passed 6-7-22)
§ 10-1-11 RESERVED.
§ 10-1-12 Definitions (K).

Kennel. 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.
(Ord. 2022-215, § 3, passed 6-7-22)
§ 10-1-13 Definitions (L).

Livestock. 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. (Ord. 2022-215, § 3, passed 6-7-22)
§ 10-1-14 RESERVED.
§ 10-1-15 Definitions (N).

Neutered or spayed. 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.
(Ord. 2022-215, § 3, passed 6-7-22)
§ 10-1-16 RESERVED.
§ 10-1-17 Definitions (P).

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

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

Potentially dangerous dog. 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, seri ously bitten, inflicted serious injury attacking a domestic animal, horse, or livestock;
(4) Any dog that has been deemed by another governme ntal 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, "provocati on" 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.
(Ord. 2022-215, § 3, passed 6-7-22)
§ 10-1-18 Definitions (Q).

Quarantine. 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.
(Ord. 2022-215, § 3, passed 6-7-22)
§ 10-1-19 RESERVED.
§ 10-1-20 Definitions (S).

Severe injury. Any physical injury directly caused by a dog attack that results in muscle tear(s), 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. 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. (Ord. 2022-215, § 3, passed 6-7-22)
§ 10-1-21 Definitions (T).

Tuberculin test. Any test approved by the United States Department of Agriculture for the detection of tuberculosis in animals.
(Ord. 2022-215, § 3, passed 6-7-22)

§ 10-1-22 RESERVED.
§10-1-23 Definitions (V).

Vicious dog. 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 dete rmined 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 govern mental 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, "provocati on" 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.
(Ord. 2022-215, § 3, passed 6-7-22)
§§ 10-1-24—10-1-27 RESERVED.
§ 10-1-28 Administration of title.

The Director is charged with the administration of this title.

(Ord. 2022-215, § 3, passed 6-7-22)
§ 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. (Ord. 2022-215, § 3, passed 6-7-22)
§ 10-1-30 Enforcement of title; issuance of citations.

The director and their 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 California Penal Code § 836.5, and subject to the provisions of this section, the director and their 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 they have the discretionary duty to enforce, and to issue a notice to appear, and to release such person on their written promise to appear in court, pursuant to the California Penal Code §§ 853.5 and 853.6. The director and their duly authorized deputies and agents shall not be allowed by their 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.
(Ord. 2022-215, § 3, passed 6-7-22)
§ 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 their duties. (Ord. 2022-215, § 3, passed 6-7-22)
§ 10-1-32 Authority of animal control officers to carry firearms. (A) Supervisory and senior animal control officers, and othe r 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 othe r 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.
(Ord. 2022-215, § 3, passed 6-7-22)

§ 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. (Ord. 2022-215, § 3, passed 6-7-22)
Cross reference:

Solid waste management, see § 6-3-17 et seq.
§ 10-1-34 Violation of title.
(A) Any person who violates an y provision of this title is guilty of an infraction, except as set forth in division (B) below.
(B) Any person who violates any prov ision of §§ 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. (Ord. 2022-215, § 3, passed 6-7-22)
§ 10-1-35 Inspections.

The director and their 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. (Ord. 2022-215, § 3, passed 6-7-22)
§ 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.
(Ord. 2022-215, § 3, passed 6-7-22)
§ 10-1-37 Prosecution of the offender; cumulative remedies. (A) 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 Title 10, Chapter 3.
(B)The remedies and penalties provided in this chapter are cumulative and in addition to any other remedies available at law or in equity.
(Ord. 2022-215, § 3, passed 6-7-22)

Cross reference:

Violation of title, see § 10-1-34.
§ 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 sha ll 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 wi th 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 sh all 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 sha ll 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. (F) No condition shall be maintained or permitted that is or could be injurious to the animals. (G) Buildings and enclosures shall be so constructed a nd 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 anima ls 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 ma intained 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. (J) 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, kenne ls 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. (L) 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, e quipment, device, substance or material that is, or could be, injurious or cause cruelty to any animal.
(Q) Such person shall give working animals proper an d 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 anim al 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 appear ance 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 exam ined 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 va ccinated 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 av ailable 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 accessib le 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. (Ord. 2022-215, § 3, passed 6-7-22)
§ 10-1-39 Sale of animals.
(A) 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:
(1) Pet shops and kennels that are duly licensed pursuant to this title; and (2) At the residence of the conveyor of the animal.
(B) 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. (Ord. 2022-215, § 3, passed 6-7-22)
§ 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. (Ord. 2022-215, § 3, passed 6-7-22)
§§ 10-1-41—10-1-44 RESERVED.

SUBCHAPTER 2. KEEPING AND RESTRAINT OF DOGS AND CATS
§ 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. (Ord. 2022-215, § 3, passed 6-7-22)

§ 10-1-46 Dogs on public school property.
(A) 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. (B) 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.
(Ord. 2022-215, § 3, passed 6-7-22)
§ 10-1-47 Female cats and dogs in season to confined.

Every person owning or having charge of any female cat or dog shall strictly 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. (Ord. 90-11, § 4, passed 3-6-90)
§ 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 if, 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.
(Ord. 2022-215, § 3, passed 6-7-22)
Cross reference:

Noise Control; see §§ 6-6-1 et seq.
§ 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.
(Ord. 2022-215, § 3, passed 6-7-22)
§ 10-1-50 Animal waste.
(A) It shall be unlawful and a public nu isance 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 nu isance 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. (Ord. 2022-215, § 3, passed 6-7-22)
§ 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 division (A). (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 division (B), 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 § 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 division (A) or (B) above 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.
(Ord. 2022-215, § 3, passed 6-7-22)
§ 10-1-52 Nuisance complaint administrative procedures.

Upon receiving a complaint alleging a nuisance as defined in § 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 "respo nsible person" is any of the following:
(1) A person who allows a violation of § 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 resp onsible person for a violation. (c) Upon receipt by the animal serv ices 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 division (B)(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 division (B)(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 their designee, finds the animal owner to be in violation of § 10-1-48, the department will issue an administrative citation pursuant to Title 10, Chapter 3 in an amount set forth in the animal nuisance citation schedule established in § 10- 1-53.
(f) Animal nuisance citations may be contested pursuant to the provisions of Title 10, Chapter 3. (Ord. 2022-215, § 3, passed 6-7-22)
§ 10-1-53 Animal nuisance administrative fine amount; late payment charges. (A)(1) Fines for administrative animal nuisance citations shall be as follows:
(a) First animal nuisance citation issued (per citation): $100.00; (b) Second animal nuisance citation within the same 12-month period: $200.00; (c) Third animal nuisance ci tation within the same 12-month period: $500.00; (d) Fourth animal nuisance citation with in the same 12-month period: $500.00; (e) Fifth animal nuisance citation within the same 12-month period: $500.00; (f) For sixth and subsequent animal nuisance citation within the same 12-month period: $500.00. (2) 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.
(Ord. 2022-215, § 3, passed 6-7-22)
§ 10-1-54 Abatement of nuisances through legal action; cumulative remedies.

Nothing in this chapter or subchapter 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 subchapter. The remedies and penalties provided in this chapter are cumulative and in addition to any other remedies available at law or in equity.
(Ord. 2022-215, § 3, passed 6-7-22)
§ 10-1-55 Animals in unattended vehicles.
(A) No person shall leave an animal in any unattended vehi cle 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 100°F constitutes an extreme temperature which adversely affects the health or welfare of the animal. (Ord. 2022-215, § 3, passed 6-7-22)
§§ 10-1-56—10-1-59 RESERVED.

SUBCHAPTER 3. RABIES CONTROL
§ 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 California 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. (Ord. 2022-215, § 3, passed 6-7-22)
§ 10-1-61. Quarantine.
(A) The California director of health has declared the co unty 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 their 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, if known. In lieu of impounding the animal, they 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. (Ord. 2022-215, § 3, passed 6-7-22)
§ 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 warm-blooded mammal, or of any signs of disease or unusual behavior in any animal under quarantine, shall immediately report such facts to the director. (Ord. 2022-215, § 3, passed 6-7-22)

§ 10-1-63. Proof of vaccination.

No person who owns or harbors any dog shall fail or refuse to exhibit their copy of the rabies vaccination form, antirabies inoculation deferment form or health certificate upon demand by any person charged with the enforcement of this chapter.
(Ord. 2022-215, § 3, passed 6-7-22)
§ 10-1-64. Vaccination certificate.

Each duly licensed veterinarian, after vaccinating any dog, shall complete and sign a rabies certificate in triplicate. They shall keep one copy and shall give one copy to the owner of the vaccinated dog, which the owner shall retain in their possession. They shall file the other copy with the director on a monthly basis. (Ord. 2022-215, § 3, passed 6-7-22)
§§ 10-1-65—10-1-69 RESERVED.

SUBCHAPTER 4. DOG LICENSING; ANIMAL PERMIT
§ 10-1-70. Dog license required.
(a)(1) 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. (2) The following are exceptions to the requirement for a license:
(a) A dog brought into the city for show or othe r purposes and which leaves within 30 days; and (b) A dog maintained in an approved research instit ution 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 guar d (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 pr oof 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.
(Ord. 2022-215, § 3, passed 6-7-22)
§ 10-1-71. Wearing of dog license tag.
(A) Each dog required to be licensed shall wear at all ti mes the current license tag assigned to that dog, except when the dog is:
(1) Physically confined wi thin 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. (Ord. 2022-215, § 3, passed 6-7-22)
§ 10-1-72 Dog license renewal.

Licenses required by this subchapter 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 they determine the applicant made a reasonable effort to comply with the deadline specified in this section.
(Ord. 2022-215, § 3, passed 6-7-22)
§ 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 transfer of ownership, and the name and address of the new owner is provided.
(Ord. 2022-215, § 3, passed 6-7-22)
§ 10-1-74 False or stolen documents or tag.

No person shall make use of or have in their possession or under their control a stolen, counterfeit or forged dog license receipt, dog license tag, rabies vaccination certificate, antirabies inoculation deferment form or other form issued in accordance with this chapter.
(Ord. 2022-215, § 3, passed 6-7-22)
§ 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 chapter. (Ord. 2022-215, § 3, passed 6-7-22)
§ 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 § 10-2- 309 for each animal.
(Ord. 2022-215, § 3, passed 6-7-22)
§§ 10-1-77—10-1-84 RESERVED.

TITLE 10 - ANIMALS
Division 1 - ANIMAL CONTROL, WELFARE AND LICENSE REQUIREMENTS SUBCHAPTER 5. CAT LICENSING

SUBCHAPTER 5. CAT LICENSING
§ 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 § 10-1-76. (Ord. 2022-215, § 3, passed 6-7-22)
§§ 10-1-86—10-1-93 Reserved.

SUBCHAPTER 6. DANGEROUS AND VICIOUS ANIMALS
§ 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. (Ord. 2022-215, § 3, passed 6-7-22)
§ 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 § 10-1-23 or potentially dangerous dog within the meaning of § 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 do g 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 they 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 division (D) below. (4) Failure of the owner or custodian to request a hear ing pursuant to division (a)(3) above shall result in the declaration becoming final.
(5) (a) 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 chapter, 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. (b) The restrictions and conditions may include but are not limited to:

1. Obtaining and maintaining liabilit y 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.

2. Requirements as to size, construction and design of the dog's enclosure.

3. Location of the dog's residence.

4. Requirements as to type and method of restraints or muzzling of the dog.

5. Photo identification or permanent marking of the dog for purposes of identification.

6. Requirements as to the posting of a warning notice or notices conspicuous to the public warning persons of the presence of a vicious dog.

7. Payment of fees as established by resolution of the city council to recover the costs of enforcing the provisions of this subchapter 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 their right to request a hearing in writing to determine whether grounds exist for such impoundment and/or abatement. If a hearing is requested, the impoundment and/or abatement hearing may be held in conjunction with the hearing provided for in division (A) above. 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 division (C) below. 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 division (B) shall be conducted in accordance with division (D) below.
(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 division (C) shall be conducted in accordance with division (D) below 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 division (C) above, 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 their 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 them.

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 them, 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 division (A)(5) above. 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 divisions (B), (C) and (D) of this above.
(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 their 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 division (A)(5) above 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 divisions (b), (c) and (d) above. (G) Restraint required. It is unlawful to have custody of, own or possess a vicious dog or potentially dangerous dog within the meaning of § 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 division (A) above to fail to comply with any requirements or conditions imposed pursuant to division (A)(5) above. If a vicious dog escapes, the owner or custodian shall immediately notify the director and make every reasonable effort to recapture it. (Ord. 2022-215, § 3, passed 6-7-22)
§§ 10-1-96—10-1-104 RESERVED.

SUBCHAPTER. ANIMAL IMPOUNDMENT

Sec. 10-1-105. Animals subject to impoundment.
(a) The director or their 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 co ntrary to the provisions of this chapter 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 California 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 § 10-1-95;
(8) Any other animal authorized to be impounded under this chapter. (b) The director may place animals which they take into custody in the animal shelter or other facility designated by them, except that animals impounded pursuant to division (a)(6) above may be summarily destroyed. (Ord. 2022-215, § 3, passed 6-7-22)
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 their name and address and a true description of the animal, and then surrendering such animal to the director upon demand. (Ord. 2022-215, § 3, passed 6-7-22)
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.
(Ord. 2022-215, § 3, passed 6-7-22)
Sec. 10-1-108. Redemption of animals from animal shelter. (a) Except as otherwise provided by state law or s ubchapter 8, when any animal, other than an animal abandoned by its owner, is impounded pursuant to this chapter, 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 they are the owner of the animal, and that they can keep such animal in conformance with the requirements of this chapter.

(c) If a licensed animal is not redeemed within seven da ys 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.
(Ord. 2022-215, § 3, passed 6-7-22)
Sec. 10-1-109. Sale of unredeemed impounded animals.
(a) Except as otherwise provided by state law or by this chapter, 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 § 10-1-111 has been received. (Ord. 2022-215, § 3, passed 6-7-22)
Sec. 10-1-110. Disposition of impounded animals by euthanasia. (A)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. (B)A fee may be charged if provided for by resolution of the city council. (Ord. 2022-215, § 3, passed 6-7-22)
Sec. 10-1-111. Neutering of impounded animals.
(A)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.
(B)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. (Ord. 2022-215, § 3, passed 6-7-22)
Sec. 10-1-112. Unauthorized disposition of impounded animals. (A)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.
(B)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.
(Ord. 2022-215, § 3, passed 6-7-22)
Secs. 10-1-113—10-1-126. Reserved.

SUBCHAPTER 8. LIVESTOCK RUNNING AT LARGE

Sec. 10-1-127. Animal defined.

The term "animal," as used in this subchapter, shall not include a cat or dog, but shall include livestock and fowl.
(Ord. 2022-215, § 3, passed 6-7-22)
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. (Ord. 2022-215, § 3, passed 6-7-22)
Sec. 10-1-129. Impoundment.

The director may seize and impound any animal found on any premises in violation of this subchapter, and they shall have a lien upon such animal sufficient to secure payment of all expenses incurred by reason of their seizing, keeping and caring for such animal.
(Ord. 2022-215, § 3, passed 6-7-22)
Sec. 10-1-130. Sale of unclaimed impounded animals.

If no person appears and claims the animal impounded under this subchapter 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 § 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. (Ord. 2022-215, § 3, passed 6-7-22)
Sec. 10-1-131. Disposition of impounded animals valued at less than $20.00.

If the animal impounded under this subchapter 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.
(Ord. 2022-215, § 3, passed 6-7-22)
Secs. 10-1-132—10-1-142. Reserved.

SUBCHAPTER 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 § 9-1-35.11, on any property.
(Ord. 2022-215, § 3, passed 6-7-22)
Secs. 10-1-144—10-1-154. Reserved.

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

This subchapter shall in all respects be construed to supplement and harmonize with the provisions of the laws of the state pertaining to animal industry.
(Ord. 2022-215, § 3, passed 6-7-22)
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.
(Ord. 2022-215, § 3, passed 6-7-22)
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, they are 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 they may deem necessary and proper. They shall regulate the movement of animals from stockyards, corrals and feedyards, and they shall supervise the examination and testing of animals or premises for the presence of contagious, infectious or communicable disease. They shall immediately report any human infectious or communicable disease found in animals to the health officer or their duly authorized deputy. (Ord. 2022-215, § 3, passed 6-7-22)
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, they 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. (Ord. 2022-215, § 3, passed 6-7-22)
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. They are authorized to enter any premises where animals are kept, or on which they have reason to believe that animals are kept, in order to carry into effect the provisions of this subchapter, and it shall be unlawful for any person to interfere with the official action of the county veterinarian or their 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. (Ord. 2022-215, § 3, passed 6-7-22)
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 subchapter, to remove, tear, deface, mutilate, obscure or otherwise destroy or interfere with any placard, notice or proclamation declaring such quarantine.
(Ord. 2022-215, § 3, passed 6-7-22)
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. (Ord. 2022-215, § 3, passed 6-7-22)
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. (Ord. 2022-215, § 3, passed 6-7-22)

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.
(Ord. 2022-215, § 3, passed 6-7-22)
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.
(Ord. 2022-215, § 3, passed 6-7-22)
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.
(Ord. 2022-215, § 3, passed 6-7-22)
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, they shall cause such cattle to be examined and tested for tuberculosis.
(Ord. 2022-215, § 3, passed 6-7-22)
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 California department of agriculture.
(Ord. 2022-215, § 3, passed 6-7-22)
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.
(Ord. 2022-215, § 3, passed 6-7-22)
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 chapter 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.
(Ord. 2022-215, § 3, passed 6-7-22)
Sec. 10-1-180. Authority of county veterinarian regarding animals unlawfully brought into city.

All animals brought into the city in violation of any of the provisions of this chapter shall be subject to quarantine, examination and test, at the expense of the owner, by the county veterinarian, who may dispose of such livestock to protect the public health and the health of domestic animals of the city. (Ord. 2022-215, § 3, passed 6-7-22)
Secs. 10-1-181—10-1-190. Reserved.

Chapter 2 ADDITIONAL OR UNUSUAL ANIMAL PERMITS, LICENSING OF ANIMAL

FACILITIES, EXHIBITIONS AND ANIMAL EVENTS
Subchapter 1. General Licensing Procedures, §§ 10-2- 3001—10-2- 31112
Subchapter 2. Additional or Unusual Animal License, §§ 10-2- 40020—10-2- 40424
Subchapter 3. Licensing of Animal Facilities, §§ 10-2- 40525—10-2- 40929
Subchapter 4. Animal Exhibition and Animal Event Licenses, §§ 10-2- 41030—10-2- 41534
Subchapter 5. Pet Shop - Sale of Animals, §§ 10-2- 41638—10-2- 42040

SUBCHAPTER 1. GENERAL LICENSING PROCEDURES

Sec. 10-2-3001. 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. (Ord. 2022-215, § 4, passed 6-7-22)
Sec. 10-2-3012. License fees.
(A)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. (B)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. (Ord. 2022-215, § 4, passed 6-7-22)
Sec. 10-2-3023. 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.
(Ord. 2022-215, § 4, passed 6-7-22)
Sec. 10-2-3034. Reasons for denial.

The director shall deny the application for an animal facility or additional / unusual animal license if it is found that:
(A) The applicant does not fulfill the specific requirements for such license as set forth in this title; (B) The applicant has made any false, misleading, or otherwise deceptive statement in their application; (C) The applicant is not a fit person to carry on th e licensed animal facility business, as determined by specific and definite evidence in the record;
(D) The issuance of an animal facility license to th e applicant, or at the location desired, would be detrimental to the public health, safety, or general welfare. (Ord. 2022-215, § 4, passed 6-7-22)
Sec. 10-2-3045. 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. (Ord. 2022-215, § 4, passed 6-7-22)

Sec. 10-2-3056. Display of license.

Each animal facility licensee shall display their license or duplicate license in a prominent location in each licensed facility; or if there is none in the city, shall carry their 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 their license to any peace officer so requesting to see it. (Ord. 2022-215, § 4, passed 6-7-22)
Sec. 10-2-3067. 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.
(Ord. 2022-215, § 4, passed 6-7-22)
Sec. 10-2-3078. 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 their employee, nor at any location other than that indicated in the license or application.
(Ord. 2022-215, § 4, passed 6-7-22)
Sec. 10-2-3089. 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 their 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 them to testify, and to rebut the evidence against them. If the respondent does not testify in their own behalf, they may be called and examined as if under cross-examination.

(3) The hearing will be informal and not be conducted a ccording 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 conc lusion of the hearing, the director shall determine, on all the evidence presented to them, 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 their determination as to any issue as to which the hearing was requested. (Ord. 2022-215, § 4, passed 6-7-22)
Sec. 10-2-30910. 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:
(A) Animal exhibition;
(B) Animal rental establishment;
(C) Additional or unusual animal;
(D) Commercial stable;
(E) Grooming facility;
(F) Kennel;
(G) Pet shop; and
(H) Animal event.
(Ord. 2022-215, § 4, passed 6-7-22)
Sec. 10-2-31011. Conditions.
(a) The director shall establish condition s for each type of license to ensure that such animals will be kept or maintained in accordance with the findings required by § 10-2-3034 or the requirements of § 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 § 10-2-3034 or revocation of a license pursuant to § 10-2-3067. (Ord. 2022-215, § 4, passed 6-7-22)

Sec. 10-2-31112. Inspection by officials.
(a) Prior to the approval of an app lication 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 § 10-2-31011 and § 10-2-3034 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 § 10- 2-3034 or revocation of a license pursuant to § 10-2-3067. (Ord. 2022-215, § 4, passed 6-7-22)
SUBCHAPTER 2. ADDITIONAL OR UNUSUAL ANIMAL LICENSE
Sec. 10-2-40020. 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; and
(b) Domestic or wild animals exceed ing 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. (Ord. 2022-215, § 4, passed 6-7-22)
Sec. 10-2-40121. 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.
(Ord. 2022-215, § 4, passed 6-7-22)
Sec. 10-2-40222. 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 lo cation proposed will not jeopardize, endanger or otherwise constitute a menace to the public health, safety or general welfare; (b) That the proposed site is adequa te 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 wi th, 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 substant iated 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.
(Ord. 2022-215, § 4, passed 6-7-22)
Sec. 10-2-40323. Conditions and inspections.
(a) The director, in approving an application for an a dditional 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 § 10-2-3034 or the requirements of § 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 division (a) and § 10-2-40222 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 ten days of a request and at the discretion of the director, may result in the denial of a license pursuant to § 10-2-3034 or revocation of a license pursuant to § 10-2-3067.
(Ord. 2022-215, § 4, passed 6-7-22)
Sec. 10-2-40424. Limitations on and duration of license. (A)Each individual additional or unusual animal must be licensed under this subchapter. 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. (B)The additional or unusual animal license is non-transferable and must be renewed annually. (C)Failure to comply with the requirements set forth in this title, regulations promulgated by the City of Mission Viejo, or regulations promulgated by resolution of the city council of the city of Laguna Niguel, or conditions imposed by the director shall constitute cause for denial or revocation of the license. (Ord. 2022-215, § 4, passed 6-7-22)
SUBCHAPTER 3. LICENSING OF ANIMAL FACILITIES
Sec. 10-2-40525. Regulations.

All animal facilities must comply with the requirements of § 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.
(Ord. 2022-215, § 4, passed 6-7-22)

Sec. 10-2-40626. Dog kennel.

In addition to complying with § 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 § 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)(1) The holder of a dog kennel license shall keep available for inspection, on the premises, a record that shall show:
(a) 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;
(b) The reason for such animal being at the kennel, such as for boarding, sale, breeding or grooming; and
(c) Vaccination for the prevention of distemper and parvo, date of vaccination, lot number, and manufacturer.
(2) 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. (Ord. 2022-215, § 4, passed 6-7-22)
Sec. 10-2-40727. Cat kennel.

In addition to complying with § 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. (Ord. 2022-215, § 4, passed 6-7-22)
Sec. 10-2-40828. Pet shop.
(A)In addition to complying with the requirements of § 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 § 10-1-60. (B)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.

(Ord. 2022-215, § 4, passed 6-7-22)
SUBCHAPTER 4. ANIMAL EXHIBITION AND ANIMAL EVENT LICENSES Sec. 10-2-41030. Scope.

All animal exhibitions and animal events shall comply with § 10-1-38 and the requirements of this subchapter.
(Ord. 2022-215, § 4, passed 6-7-22)
Sec. 10-2-41131. 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.
(Ord. 2022-215, § 4, passed 6-7-22)
Sec. 10-2-41232. Water supply.

All water supplied for domestic use shall be from an approved source of potable water. (Ord. 2022-215, § 4, passed 6-7-22)
Sec. 10-2-41333. 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. (Ord. 2022-215, § 4, passed 6-7-22)
Sec. 10-2-41434. 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.
(Ord. 2022-215, § 4, passed 6-7-22)
SUBCHAPTER 5. PET SHOP—SALE OF ANIMALS
Sec. 10-2-41838. Sale of dog, cats and rabbits prohibited. (a) A pet shop or retail pet store or its operator shall no t sell, deliver, offer for sale, barter, auction or otherwise dispose of a cat, dog, or rabbit except as provided in division (b) below. (b) The provisions of division (a ) above shall not apply to:

(1) A publicly operated animal shel ter 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 ra bbit 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. (Ord. 2022-215, § 4, passed 6-7-22)
Sec. 10-2-41939. Inspection by officials.
(a) Each pet shop or retail pet store sha ll 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. (b) 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 subchapter. 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. (Ord. 2022-215, § 4, passed 6-7-22)
Sec. 10-2-42040. Enforcement and remedies.
(a) A violation of any provision of this subchapter or failure to comply with any requirement thereof shall be a violation of law. Each event or transaction in which a dog, cat, or 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 oper ating or conducting or maintaining a pet shop or retail pet store contrary to the provisions of this subchapter 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.
(Ord. 2022-215, § 4, passed 6-7-22)
Chapter 3 ADMINISTRATIVE CITATIONS FOR TITLE 10 VIOLATIONS Subchapter 1. Administrative Cita tion Procedure, §§ 10-3-1—10-3-17

TITLE 10 - ANIMALS
Division 3 - ADMINISTRATIVE CITATIONS FOR TITLE 10 VIOLATIONS ARTICLE 1. ADMINISTRATIVE CITATION PROCEDURE

SUBCHAPTER 1. ADMINISTRATIVE CITATION PROCEDURE
Sec. 10-3-6001. Scope.

This subchapter 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 subchapter are cumulative and in addition to any other remedies available at law or in equity. (Ord. 2022-215, § 5, passed 6-7-22)
Sec. 10-3-6012. Definitions.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or required a different meaning.

Citation processing center. An approved vendor to the animal services department who holds a current contract to process administrative citations.

Enforcement official. 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. 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. 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. (Ord. 2022-215, § 5, passed 6-7-22)
Sec. 10-3-6023. Reserved.

Sec. 10-3-6034. Reserved.

Sec. 10-3-6045. 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) (1)By personally delivering th e 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 receipt requested.
(2) 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 enfo rcement 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. (d) 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 re sponsible 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 se rving 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. (Ord. 2022-215, § 5, passed 6-7-22)
Sec. 10-3-6056. Administrative fee; late payment charges; correctable violations. (a) The administrative fine imposed pursuant to this chapte r 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 § 10-1-48. (b) At the issuing officer's discretion, an administrative citation for violations listed in Title 10, Chapter 1, Subchapters 3 and 4 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. (Ord. 2022-215, § 5, passed 6-7-22)
Sec. 10-3-6067. 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 § 10-3-607, the hearing officer determines that the administrative citation should be canceled, the administrative fine shall be refunded in accordance with § 10-3- 613.
(Ord. 2022-215, § 5, passed 6-7-22)
Sec. 10-3-6078. Request for administrative hearing.
(A)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. (B)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.
(Ord. 2022-215, § 5, passed 6-7-22)
Sec. 10-3-6089. 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.
(Ord. 2022-215, § 5, passed 6-7-22)
Sec. 10-3-60910. 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.
(Ord. 2022-215, § 5, passed 6-7-22)
Sec. 10-3-61011. Appointment of administrative hearing officer.

The director of the department through which the administrative citation was issued, or their 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. (Ord. 2022-215, § 5, passed 6-7-22)
Sec. 10-3-61112. 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 their 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.
(Ord. 2022-215, § 5, passed 6-7-22)
Sec. 10-3-61213. Failure to attend administrative hearing. (a) If the responsible person fails to attend the sc heduled hearing, the hearing will proceed without the responsible person, and they will be deemed to have waived their right to an administrative hearing.

Notwithstanding this waiver and the time limits set forth in § 10-3-6089, 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.
(Ord. 2022-215, § 5, passed 6-7-22)
Sec. 10-3-61314. 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 § 10-3-6045. 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 § 10-3-61516. (Ord. 2022-215, § 5, passed 6-7-22)

Sec. 10-3-61415. 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.
(Ord. 2022-215, § 5, passed 6-7-22)
Sec. 10-3-61516. Appeal of decision of administrative hearing officer. (A)Within 20 days after service of the decision of the administrative hearing officer upon the responsible person, they may seek review of the decision by filing a notice of appeal with the municipal court. (B)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. (Ord. 2022-215, § 5, passed 6-7-22)
Sec. 10-3-61617. 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.
(Ord. 2022-215, § 5, passed 6-7-22)

ATTACHMENT B
Title 13 Updates: Parks and Recreational Facilities
Laguna Niguel, California, Code of Ordinances
TITLE 13 PARKS AND RECREATIONAL FACILITIES

TITLE 13
PARKS AND RECREATIONAL FACILITIES1
Chapter 1. Parks, Beaches and Recreational Areas and Recreation Facilities

Chapter 1 PARKS, BEACHES AND RECREATIONAL AREAS2 AND RECREATION

FACILITIES
Subchapter 1. General Provisions, §§ 13-1-1—13-1-14
Subchapter 2. Parks, Recreational Areas and Recreation Facilities in General, §§ 13-1-15—13-1-6 175
Article 3. Parks, §§ 13-1-62—13-1-75
Subchapter 4. Glider Flying Regula tions for Lilly Shapell Park, §§ 13-1- 76—13-1-93
Subchapter 5. Camper Trucks and Trailers, §§ 13-1-94—13-1-100 Subchapter 6. Skateboard Park Regulations, §§ 13-1-101—13-1-110 Subchapter 7. Healthy Parks Ordinance, §§ 13-1-111—13-1-116

SUBCHAPTER 1. GENERAL PROVISIONS
Sec. 13-1-1. Applicability of chapter.
(A) This chapter shall, unless otherwise expressly provided, apply in all parks, beaches, recreational areas and other publicly owned or operated lands or waters falling within the definition of those terms as set forth in § 13-1-2. However, the application of this chapter may be expressly negated by ordinance or resolution of the city council. Violation of this section shall be an infraction. (Ord. 90-11, § 2, passed 3-6-90)
Sec. 13-1-2. Definitions.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

Alcoholic beverage. Alcohol, spirits, liquor, wine, beer and every liquid or solid containing 0.5% or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed or combined with other substances.

Beach means all public land owned by the city with water frontage and designed primarily to provide swimming, boating, fishing and other waterfront activities.

City. The City of Laguna Niguel and the Laguna Niguel Community Services District Parks and Recreation Department.

Eviction means revocation of the user's permit and expulsion from the facility.

Manager means the manager of parks and recreation for the city.

Director. The Director or designee of Parks and Recreation for the city.

Open Space. Every city service area greenbelt, slope or park space not used for recreation programs and activities.

Park. Every park, roadside rest, golf course, reservoir, riding and hiking trail, city service area greenbelt and city service area recreational facility, and every other public recreation facility owned, managed or controlled by the city.

Park waters. Any lake, reservoir, pond, river or other body of water within or flowing through a park.

Person. Every person, firm, corporation, copartnership, joint venture, association, social club or fraternal organization, or any other group or combination acting as a unit.

Recreational Facility. Every public recreation facility owned, managed or controlled by the city.

Recreational areas. means all parks, park waters and beaches. Public area to be used for recreation programs and activities.

Revocation of use. Revocation of a user’s permit or reservation or immediate removal, suspension or expulsion of an individual from any public park or recreational facility for a specified period in accordance with §13-1-20.
(Ord. 90-11, § 2, passed 3-6-90)
Cross reference(s)—Definitio ns generally, § 1-1-18.

Sec. 13-1-3. Use of parks, recreational areas and recreational facilities; enforcement of chapter.
(a) The privilege of any person to use the parks, recreational areas and recreation facilities is hereby expressly conditioned upon compliance by that person with the provisions of this chapter as they apply to such use. No person shall disobey or violate any of the written rules, policies or regulations issued by the director governing the use and enjoyment by the public of any park, park facility or open space. (b) In addition to other penalties prov ided for in this Code, violation of any provision of this chapter shall subject the violator to evictionrevocation of use from the park in which the violation occurs, and other parks if deemed necessary, all in accordance with the procedures in § 13-1-20. This chapter shall be enforced by the director and such of their agents as they may designate to perform such duty, as well as by peace officers having jurisdiction of any area in which a violation of any provision of this chapter may take place. (Ord. 90-11, § 2, passed 3-6-90)
Sec. 13-1-4. Management of parks, recreational areas and recreation facilities.

The purpose of this chapter is to provide for the orderly administration and control of parks, recreational areas and recreational facilities within the city. The director is hereby instructed to administer this chapter to

achieve the maximum benefit to the publicpublic benefit. The city council further authorizes the director to enforce and administer the facilities use policies related to these sections. (Ord. 90-11, § 2, passed 3-6-90)
Secs. 13-1-5—13-1-14. Reserved.

SUBCHAPTER 2. PARKS, RECREATIONAL AREAS AND RECREATION FACILITIES IN

GENERAL
Sec. 13-1-15. Hours.

All parks, recreational areas and recreation facilities shall be open to the public during such hours as may be established by resolution of the city council. No person, except those having valid camping permits, shall enter or remain in any of the recreational areas at any time other than during such hours as the recreational area is open to the public.
(Ord. 90-11, § 2, passed 3-6-90)
Sec. 13-1-16. Fees.

All persons and groups using camping, parking or other special facilities of recreational areas shall, prior to such use, pay such fees and deposits as may be established by resolution of the city council. (Ord. 90-11, § 2, passed 3-6-90)
Sec. 13-1-17. Camping.
(a) The use of any camping facility shall be by written pe rmit only and upon payment of such fees and for such period as may be established by resolution of the city council. Each adult registering to camp at any city park will be required to present a current valid driver's license upon registration. (b) No permit shall occupy any campsit e in excess of such period prescribed by the permit. In addition to the other penalties provided in this division, violation of this section shall subject the violator to suspension of camping privileges, loss of prepaid fees and eviction from the recreational area. Any property left at the campsite will be considered abandoned after 24 hours and will be removed by the manager or his agents in accordance with a procedure approved by the manager.
(Ord. No. 90-11, § 2, 3-6-90)
Sec. 13-1-18. Use of electric outlets.

No person shall use electric outlets within any recreational area without first reserving or paying such fees as may be prescribed by resolution of the city council.
(Ord. 90-11, § 2, passed 3-6-90)

Sec. 13-1-19. Vending and commercial solicitation.

No person shall solicit primarily for commercial purposes in any manner, or sell or offer for sale any goods, services, wares, merchandise or food products, or otherwise engage in sidewalk vending, without a sidewalk vending permit issued pursuant to Title 5, Chapter 7, Subchapter 2. No person shall distribute or pass out any primarily commercial handbill or advertising material, without a written permit from the managerParks and Recreation Department. However, this section does not apply to any concession operated under authority granted by the city council, or to any activity specifically exempted by order or resolution of the city council. (Ord. 90-11, § 2, passed 3-6-90; Ord. 2020-206, § 9, passed 7-21-20; Ord. 2020-207, § 8, passed 8-4-20) Sec. 13-1-20. EvictionRevocation of Use procedures.
(A) A person is subject to ejection from the park when the following conditions occur:
(1) The person is in violation of a park rule or regulation, including any provision of this chapter; (2) The person has been warned in a manner that is reasonably calculated to reach that person that ejection may result from any further violation;
(3) After receiving such warning, a further violation occurs; and (4) No lesser sanction reasonably appears to suffice. However, where a violation is of such magnitude or seriousness of violence, no warnings will be necessary prior to revocation of use. This includes engaging in conduct that involves violence, poses an immediate threat to public safety or creates a hazardous condition requiring immediate revocation of use.
(B) The period of evictionrevocation of use shall be determined by the director and such of their agents as they may designate to perform such duty, as well as peace officers having jurisdiction. EvictionRevocation of use in no case is to be for less than 24 hours or for more than one year. (C) Prior to evictionrevocation of use of any person, the reasons for such evictionrevocation of use shall be explained to such person, and the person shall be given an opportunity to state any reason they may have why they should not be evicted.
(D) Any person evicted shall be informed of the period of time for which they are evicted and whether or not such evictiona revocation of use applies to any other city facility than the one from which he is evictedthey are evicted.
(E) In the case of any evictionrevocation of use for a period in excess of 24 hours, the person evicted shall be given an opportunity to appeal such evictionrevocation of use to the director, who may uphold, modify or vacate the eviction orderrevocation of use. The decision of the director shall be final. (F) Any person who has been evicted from a city recreati onal facility and who does not depart forthwith, or who departs but returns prior to the expiration of the evictionrevocation of use period, shall be guilty of a misdemeanor.
(Ord. 90-11, § 2, passed 3-6-90)
Secs. 13-1-21—13-1-24. Reserved.

Sec. 13-1-25. Public picnics, meetings and public gatherings.

The director shall designate the areas in each park or beach wherein picnics, meetings or other organized public gatherings may be held. The director shall maintain a calendar with respect to each such designated area, and on such calendar show each such picnic, meeting or other organized gathering involving more than 100 persons to be held in such areas. No person shall cause any picnic, meeting or other public gathering involving the attendance of more than 100 persons to be held in any park or beach without first notifying the director and obtaining a written permit from them. The director, or designee, shall issue the permit upon written or oral request in all cases where prior permits have not exhausted the capacity of the area sought to be used. (Ord. 90-11, § 2, passed 3-6-90)
Sec. 13-1-26. Public address systems and amplified sound. (A)No person shall set up, use, operate or maintain a public address system or amplified sound within any recreational area, except in those areas specifically designated, nor shall any person set up, use, operate or maintain a public address system or amplified sound without first obtaining a written permit. (B)The director, or designee, is expressly given the authority to determine the maximum amplification permissible in areas designated consistent with other persons' enjoyment of the recreational area facilities. (Ord. 90-11, § 2, passed 3-6-90)
Sec. 13-1-27. Damaging vegetation or structures.

Except as otherwise provided in this chapter, no person shall pick flowers, foliage, berries or fruit, or cut, carve, hack, break, dig up, remove, deface or in any way mutilate or injure any wood, leaf mold, rock, gravel, sand, tree, shrub, plant, fern, grass, turf, mold, railing, seat, building, barbecue stove, sign, fence, post, structure, toilet, lavatory, restroom, equipment or any other object in or adjacent to any park or beach, except as expressly authorized in this chapter. No person shall paint, post, attach or affix any handbill, dodger, notice, sign or advertisement upon or to any bridge, fence, building or other property within any recreational area or any tree situated in any recreational area, and no person shall deface, mar or disfigure any bridge, fence or other structure within such park and/or recreational area or any tree situated in any recreational area, by painting, cutting, scratching or breaking the structure or tree or attaching or affixing anything thereto. (Ord. 90-11, § 2, passed 3-6-90)

Sec. 13-1-28. Sanitation.
(a) Use of rubbish receptaclesContainers for garbage or rubbish. No person shall leave, deposit, drop or scatter any bottles, broken glass, ashes, wastepaper, cans or other rubbish, garbage, litter, refuse or offal matter in any recreational area, except in a designated trash receptaclecontainers. No person shall deposit any such matter in the public toilets of any recreational area.
(b) Washing of clothes and utensils. No person shall wash clothing, dishes, cooking utensils or other utensils used in connection with the preparation or serving of food in any park, recreational area or recreation facility, except at places designated by the director and provided for such purpose. (c) Cleanliness of campsites. All persons using campsites shall keep the campsites safe, clean and free from rubbish, litter, broken glass, garbage, refuse or offal matter. Combustible rubbish may be burned where fires

are permitted, and all other garbage and refuse of any kind shall be placed in containers or pits provided for that purpose.
(d) Discharge of sewage. No person shall discharge any human or animal excreta or wastewater from a toilet or holding tank. except into tanks provided or designated for that purpose. Public toilets in recreational areas are provided for the protection of the health of the general public, and shall be used when so provided. (Ord. 90-11, § 2, passed 3-6-90)
Sec. 13-1-29. Vehicles.
(a) Speed. No person shall drive any vehicle in any recreational area at a speed that is greater than is reasonable or prudent, having due regard for the traffic and traffic pattern and the surface and width of the roadway, and in no event in excess of ten mph unless a greater speed is posted. (b) Parking. No person shall park any vehicle, except in designated parking areas; however, the director is hereby authorized to permit parking along roads and in undeveloped areas within the recreational areas when in his opinion such parking will not interfere with the operation of the recreational area. (c) Erection of speed, traffic and parking signs. The director is authorized and directed to erect and maintain signs at locations they deem appropriate indicating the speed limits established by the city council for parks and beaches along the roadways or streets therein. The director is also authorized to designate parking areas and traffic patterns and to erect and maintain signs indicating such areas and patterns. (d) Removal of vehicles. Vehicles may be removed and stored at the owner's expense by the director or such of their employees as they may designate or by peace officers under either of the following circumstances:
(1) When the vehicle has been parked for a period of time of more than 24 hours in a location where parking is prohibited and appropriate signs have been posted. (2) When the vehicle has been parked in a designated campsite where a fee is required and such fee has not been paid and appropriate signs have been posted.
(Ord. 90-11, § 2, passed 3-6-90)
Secs. 13-1-30—13-1-34. Reserved.

Sec. 13-1-35. Alcoholic beverages.
(A) No person shall, within the limits of any park, open space or recreational area, consume any alcoholic beverage. Any alcoholic beverage in a person's possession shall be stored in a closed vehicular trunk or storage compartment.
(B) This section shall not apply within any portion of any recreational areafacility which may be so designated by resolution of the city council.
(Ord. 90-11, § 2, passed 3-6-90)
Sec. 13-1-36. Airplanes, drones and rockets:; prohibited.

No person shall fly a motor driven or fuel propelled airplane, drone, rocket, missile or similar thing within any park or recreational area in the city, except at such places as may be designated for such use by the director of parks and recreation.

(Ord. 95-82, § 1, passed 6-6-95)
Sec. 13-1-37. Firearms and other weapons; fireworks.

No person shall have any fireworks, firearms, air gun, BB gun, slingshot or bow or hunting arrow or any other weapon in their possession or in their vehicle other than in a closed trunk, storage compartment or other area separated from the passenger section of the vehicle, in any recreation area, nor shall any person discharge any weapon upon or into any park, nor shall any person discharge any fireworks or weapon upon or into any park or beach within city boundaries; provided, however, that the director may designate areas in which such activity is permitted.
(Ord. 90-11, § 2, passed 3-6-90)
Cross reference(s)—Firearms and danger ous weapons, § 11-2-1 et seq.

Sec. 13-1-38. Hunting and fishing.

All recreational areas and open space are sanctuaries for wildlife of every sort. No person except persons in the performance of their official duties shall hunt, kill, wound, frighten or capture any wild bird or land animal in any recreational area.
(Ord. 90-11, § 2, passed 3-6-90)
Sec. 13-1-39. Domestic animals.
(A)No person having custody of a cat, dog or other domestic animal shall allow such animal in any recreational area without the ability to produce evidence that the animal is currently licensed as required by any other provisions of law and unless such animal is restrained by a substantial leash not to exceed six feet in length and is in the charge of a person competent to restrain such animal; provided that no person having the charge of any dog, except a blind person with their guide dog, shall permit such dog under any circumstances to be within such recreational areas as may be determined by resolution of the city council, unless the dog is restrained and enclosed in a car, cage or similar enclosure.
(B)This section shall not prevent the city or its lessees from holding supervised public events in such recreational areas in which domestic animals participate, nor shall it prohibit the director from issuing permits pursuant to § 13-1-25 for group activities wherein dogs will be under the responsible care of a person while not restrained by a leash or enclosed in a car, cage or similar enclosure while participating in a permitted canine event. (Ord. 90-11, § 2, passed 3-6-90)
Cross reference(s)—Animals, tit. 10.

Sec. 13-1-40. Golf; prohibited.

No person shall play, practice or in any way engage in the game of golf in any park or recreational area in the city, except at the times and places that may be designated by the director of parks and recreation. (Ord. 95-82, § 2, passed 6-6-95)

Sec. 13-1-41. Archery; prohibited.

No person shall engage in archery in any park or recreational area in the city, except at the times and places that may be designated by the director of parks and recreation. (Ord. 95-82, § 3, passed 6-6-95)
Sec. 13-1-42. Ice blocking; prohibited.

No person shall engage in ice blocking in any park or recreational area in the city. "Ice blocking" is defined to mean an activity where a person uses a block of ice or other device to slide down a hill or slope. (Ord. 95-82, § 4, passed 6-6-95)
Sec. 13-1-43. Reserved.

Sec. 13-1-44. Organized play:; permits required.
(a) No person or organization shall participate in any personal/group instruction or organized play on any park, soccer field, baseball field, softball field or other recreational facility owned, operated or controlled by the city without first receiving a permit which is issued by the director of parks and recreation and which authorize the organized play at the particular site.
(b) The term organized play as used in this section shall mean 12ten or more persons engaging in a team sport athletic contest, such as, but not limited to, soccer, baseball, softball, football, basketball, or volleyball. (c) In determining whether or not to issue a permit, the director of parks and recreation, or designee, shall consider the following and any other factors they deem relevant:
(1) The suitability of the particul ar facility for the proposed play.; (2) The effect of the activity on the neighborhood; and (3) The limitation on the availability of the facility fo r spontaneous recreational use by the public caused by the permitted use of the facility.
(d) The director of parks and recreation , or designee, may place such reasonable conditions on the issuance of a permit as he deems necessary and proper to protect the public welfare, including but not limited to:
(1) Restrictions on the number, age and other desig nations of persons who may participate in such permitted play.;
(2) Restrictions on the season, days of the week and ti me of day that the particular facility may be used by the permittee.;
(3) Provisions for the maintenance by the permittee of the sanitation, cleanliness and appearance of the facility.;
(4) Provisions for security and the maintenance of law and order, including compliance with noise, parking, safety and other appropriate regulations.;
(5) Restrictions on the installation of apparatus or modification in any manner, either temporary or permanent, by the permittee to the sports field or adjacent structures.; (6) Provisions for the posting of li ability insurance by the permittee.;

(7) Provisions for the posting of a cleaning deposit by the permittees, from which the said director, or designee, may from time to time withdraw funds as an off-set to the cost to the city of cleaning the facility and accommodations thereon used or usable by the permittee. (e) In the event that any of the conditions of the permit are violated by the permittee or for other good cause shown, the director of parks and recreation, or designee, may suspend or revoke the permit (and retain the deposit in whole or in part, if the facts support such action) after notice to the permittee. (f) When a permit is issued for organized play at a park, soccer field, baseball field, softball field, or other recreational facility pursuant to this section for use of said facility at a particular time, and that facility is being used by one or more persons who do not hold a permit to use the facility at that particular time, the non-permit holders shall immediately vacate the facility upon arrival of the permit holders and request by the permit holders that the non-permit holders vacate the facility. Failure to vacate the facility is a violation of the section and shall result I an infraction.
(Ord. 95-82, § 5, passed 6-6-95)
Sec. 13-1-45. Athletic activities.

No person shall conduct or participate in any sport or in any organized athletic activities within any recreational area other than in such areas as may be designated for such sports, games or athletic activities, or in any areas where the director has posted signs prohibiting such activities. (Ord. 90-11, § 2, passed 3-6-90)
Sec. 13-1-46. Use of trails closed areas.
(a) Designation and use. The director may designate horseback riding and hiking trails in beaches and parks.

They may also designate closed areas where entry is prohibited in the interest of public convenience or safety. No person may leave a designated trail in any beach or park on foot or on horseback or otherwise, other than for law enforcement, lifesaving or emergency purposes or for beach or park maintenance, at other than designated entry or exit points. No person shall enter on foot or on horseback or otherwise any area in any beach or park which the director has posted as a closed area. (b) Trails along or through private property. No person within any recreational area or open space shall enter on or go upon the lands of another, under cultivation or enclosed by a fence, for any purpose whatever, without the consent in writing of the owner of the premises or of the person entitled to the use and occupancy thereof, except in the lawful performance of an official duty. (c) Closing of gates. No person opening a closed gate shall proceed beyond the gate without first closing it. (d) Closure. Either the city director of public works or the manager City Manager or designee may close any park, beach, field, or other recreational area or facility when such an area or facility is filled to capacity, a hazardous condition poses potential danger to citizens, city employees, or property, it needs to be reconstructed, renovated, refurbished, repaired or maintained, or the area or facility needs to be closed because of inclement weather and the need to avoid damage that would occur by use of the area or facility during or after the inclement weather. Any such closure shall be for the duration that the area or facility is filled to capacity,; the existence of the hazardous condition,; the times required for the reconstruction, renovation, refurbishment, repair or maintenance, or the existence of the impact on the area or facility by inclement weather, as determined by the director.
(Ord. 90-11, § 2, passed 3-6-90; Ord. 95-82, § 6, passed 6-6-95)

Sec. 13-1-47. Livestock and horses.
(a) Saddle and pack animals. No person having custody or control of a horse or other saddle or pack animal shall allow such animal in any part of a recreational area, except upon roads or bridle trails designated for equestrian traffic. No person shall ride or drive any horse or other animal which is not well-broken and under the control of such person. No person shall ride any saddle animal in any manner that endangers any other person or animal. No person shall allow their saddle or pack animal to stand unattended or improperly tied. (b) Livestock. No person shall molest livestock in or adjacent to a park. Livestock are not permitted in city parks, recreational areas or open space.
(Ord. 90-11, § 2, passed 3-6-90)
Cross reference(s)—Animals, tit. 10.

Sec. 13-1-48. Erection of structures.

No person shall erect structures within any recreational area or open space area without the consent authorization of the director.
(Ord. 90-11, § 2, passed 3-6-90)
Sec. 13-1-49. Diving or jumping in water—Generally.

No person shall dive or jump into any body of water in any recreational area from any pier, bridge, rock or precipice other than at those places designated and posted for diving or jumping by the director, as authorized by resolution of the city council. Violation of this section shall be an infraction. (Ord. 90-11, § 2, passed 3-6-90)
Cross reference(s)—Diving or jumpin g in water, §§ 11-9-44, 11-9-45.

Sec. 13-1-49.1. Same— Landing in water.

No person shall land in any body of water in any recreational area after having jumped or dived from any pier, bridge, rock or precipice above such body of water, other than at those places designated and posted for diving and jumping by the director, as authorized by resolution of the city council. Violation of this section shall be an infraction.
(Ord. 90-11, § 2, passed 3-6-90)
Sec. 13-1-50. False drowning alarm.

No person in any recreational area shall give or cause a false alarm of drowning to be given in any manner.

Any person who knows that an alarm is false shall immediately notify the guard to whom the alarm was given of its falsity.
(Ord. 90-11, § 2, passed 3-6-90)

Sec. 13-1-51. Removal of personal equipment.

No person shall allow any equipment over which they have custody or control to remain at any recreational area during any time that the recreational area is closed, unless authorized by the director. Any items left over may be removed.
(Ord. 90-11, § 2, passed 3-6-90)
Sec. 13-1-52. Performance of labor in parks.
(a)(1) No person, except those persons employed or contracted by the city, shall perform any labor in or upon any park. Labor includes, but is not limited to, installing, taking up or replacing soil, turf, ground, pavement, structures, trees, shrubs, plants or flowers.
(2) Labor shall only be performed under the authorization, supervision or control of the director of parks and recreation and the director of public works.
(b) Notwithstanding the provisions of division (a) abov e, labor may be performed by persons who are not employees of the city in situations where such persons are volunteers who are working on city facilities, such as the Botanical Preserve and the city's athletic fields, including baseball, softball, and soccer fields. Such volunteer labor may only be performed when, prior to commencement of the work, written authorization for the work is given by the director of parks and recreation or the director of public works. (Ord. 95-82, § 7, passed 6-6-95)
Sec. 13-1-53. Prohibition on operation of motor vehicles, including motorized scooters, and e- bikes on trails.
(a) Pursuant to the California Vehicle Code § 23127, th e operation of unauthorized motor vehicles, including motorized scooters and e-bikes, on hiking and horseback riding trails and bicycle paths is prohibited, and the city director is authorized and directed to take all actions necessary, including posting of warning signs, to implement the prohibition on operation of unauthorized motor vehicles on hiking and horseback riding trails and bicycle paths set forth in that section.
(b) Pursuant to California Vehicle Code §§ 21230 and 21225, the operation of motorized scooters and e-bikes, as defined in the California Vehicle Code § 407.5, is prohibited on hiking and horseback riding trails and bicycle paths and trails and bikeways located in the city.
(c) For purposes of this section, bicycle paths and trails and bikeways do not include bicycle lanes on streets. (Ord. 2005-139, § 2, passed 3-15-05)
Secs. 13-1-54—13-1-61. Reserved.

ARTICLE 3. PARKS
Sec. 13-1-62. Applicability of article.

This article shall apply in all parks and park waters falling within the definition of those terms as set forth in section 13-1-2.

(Ord. No. 90-11, § 2, 3-6-90)
Sec. 13-1-63. Fishing.

No person shall fish or practice fly casting in non-navigable park waters of any park in areas other than those designated by the director for such activities.
(Ord. 90-11, § 2, passed 3-6-90)
Sec. 13-1-64. Swimming.

No person shall swim, bathe or enter in or into any park waters other than those waters designated by the director for such swimming, bathing or entering.
(Ord. 90-11, § 2, passed 3-6-90)
Sec. 13-1-65. Fires.
(a) Campfire location and permit. No person shall build, light or maintain any fire in any park except in a camp stove or fireplace provided in areas designated by the manager for such purposes; provided, however, that camper, trailer, oil or gas camp stoves and braziers or hibachis may be used in areas designated for their use by the manager; and further provided that in wilderness areas sites may be designated by the manager wherein persons who have obtained campfire permits from the manager may build small campfires. The authority of the manager to permit campfires within recreational areas is limited to those areas where fires are not restricted by state and local fire prevention officials. The authority of the Director to permit campfires within recreational areas is limited to those areas where fires are not restricted by state and local fire prevention officials.
(b) Removal of combustible materials. No person shall build a campfire in any park until he has first cleared an area of 25 feet in all directions from the campfire site of all dead wood, moss, dry leaves or other combustible material.
(b) Extinguishing fires. Each person building or using a campfire in any park shall, when the campfire is no longer needed, extinguish the campfire by thoroughly wetting the combustible material and covering it with sand or dirt. Each person using a BBQ in any park shall, when the fire is no longer needed, extinguish the fire by thoroughly wetting the combustible material and covering it with sand or dirt. (c) Fire prevention. Every person shall make the suppression and prevention of fire their first consideration while using any park area. Any negligent use of combustible materials is prohibited. Any person learning of an unauthorized fire in any park shall extinguish it if they can do so without endangering themself, or, if they cannot extinguish it, shall promptly communicate the position of the fire to park officials. (d) Smoking. The manager may restrict or prohibit smoking in all or any part of a park when fire danger requires such action. In such cases the manager shall post smoking regulations at conspicuous locations. No person shall smoke in any park in violation of such regulations. Smoking is prohibited in all parks. No person shall smoke in any park, recreation area or open space as this is a violation of this section and will result in an infraction.
(Ord. 90-11, § 2, passed 3-6-90)
Secs. 13-1-66—13-1-75. Reserved.

TITLE 13 - PARKS AND RECREATIONAL FACILITIES
Chapter 1 - PARKS, BEACHES AND RECREATIONAL AREAS
SUBCHAPTER 3. GLIDER FLYING REGULATIONS FOR LILLY SHAPELL PARK

SUBCHAPTER 3. GLIDER FLYING REGULATIONS FOR LILLY SHAPELL PARK Sec. 13-1-76. Prohibition on flying without a permit.

No person shall fly gliders at Lilly Shapell Park unless and until they have received from the city a permit to fly gliders at the park pursuant to this subchapter. No person who has had their permit suspended or revoked shall fly gliders at the park until and unless that permit is reinstated. (Ord. 2002-123, § 2, passed 12-17-02)
Sec. 13-1-77. Definitions.

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

AMA. The Academy of Model Aeronautics.

City. The City of Laguna Niguel Parks and Recreation Department and the Laguna Niguel Community Services District, which is a subsidiary district of the city.

Combat flying. The flying of any glider in such a manner as to intentionally interfere with another glider, cause damage to another glider, or cause another glider to crash.

Director. The City of Laguna Niguel Director of Recreation.

Flying plan. The map of the park and surrounding area that depicts the areas where gliders may be flown and the areas for take off and landing of gliders.

Frequency board. The board that is required by this subchapter to be located at the park and upon which frequencies that may be used for glider flying and flying regulations are required to be displayed.

Glider. a model airplane or aircraft that is flown by using wind currents and is controlled by the remote control operation of the wings and tail. The term "glider" does not include any airplane or aircraft that is driven by a propeller or is propelled by a gasoline or electric engine or motor.

Park. the Lilly Shapell Park, which is located in Hillcrest Estates in the City of Laguna Niguel.

Permit. the permit issued by the city to allow flying of gliders at the park.

Person. both the singular and the plural and shall also mean and include a person or an individual.

Pilot. any person who is flying a glider at the park.

Range check. ensuring that the remote control for a glider is working properly and that there is control over the flying surfaces of the glider.
(Ord. 2002-123, § 2, passed 12-17-02)
Sec. 13-1-78. Permits for flying gliders at the park.
(A)(1) The director shall establish procedures and requirements for the issuance, suspension and revocation of permits to fly gliders at the park.

(2) That process shall include the following:
(a) Persons desiring to fly gliders at the park being required to submit to the city an application for a permit to fly gliders;
(b) The director appointing a committee of at least three qualified and experienced glider pilots to review and make recommendations regarding the applications for flying permits; (c) The committee preparing a procedure for:

1. The review and issuance or denial of applications for permits; and

2. The suspension or revocation of such permits.
(d) The procedure being subject to the approval of the director; (e) Each committee member being a member of AMA, havi ng at least three years experience flying remote controlled gliders and at least one year experience flying such gliders at the park; (f) The procedure for qualifyi ng a glider pilot including the applicants demonstrating by actual glider flying that they have the requisite qualifications and experience; (g) The decision as to whether to issue a permit to an applicant being made by the director, but the director not being able to issue a permit for an applicant unless the committee has determined that the applicant is qualified to fly gliders at the park;
(h) The suspension or revocation of permits issued to persons who do not comply with the regulations contained in this subchapter, and
(i) The establishment of a procedur e by the committee to make recommendations to the director on the suspension or revocation of permits with the procedure including an opportunity for the pilot to have a hearing before the committee and for that committee, after holding such a hearing, to make a recommendation to the director with the decision on suspension or revocation being made by the director.
(B) The members of the committee shall monitor the flying of model gliders at the park and the compliance by pilots with the requirements of the regulations contained in this subchapter. (Ord. 2002-123, § 2, passed 12-17-02)
Sec. 13-1-79. Signs and frequency board.
(a) The director , or designee, shall post at the park at least one sign which lists the regulations contained in this subchapter. The sign shall be posted on or near the frequency board and at such other locations as deemed appropriate by the director. The sign shall also contain a statement to the effect that glider pilots by flying gliders at the Lilly Shapell Park are agreeing to comply with all of the posted regulations. (b) The director , or designee, shall provide, at an appropriate location at the park, a frequency board on which the potential frequencies that may be used for remote control glider operation are posted with a mechanism that allows for showing which frequencies are currently in use. The frequency board shall be available for posting of messages regarding glider operations and related activities at the park. (c) The director , or designee, shall maintain the sign and the frequency board in good order and keep them current as to changes in flying regulations.
(d) The director , or designee, shall cause to be prepared a flying plan which shall depict the areas at the park where gliders may be flown, including the take off and landing areas. The flying plan shall also depict pilot stations. The flying plan shall be in compliance with the regulations contained in this subchapter. The director shall have the flying plan posted on the frequency board with the posted flying regulations.

(Ord. 2002-123, § 2, passed 12-17-02)
Sec. 13-1-80. Glider flying regulations.
(a) All persons who fly gliders at the park shall comply with each and every one of the following regulations. A permit applicant's ability to comply with these regulations shall be used in determining the issuance or denial of a permit to fly at the park. A permittee's unwillingness or inability to comply with these regulations shall be used in determining the suspension or revocation of a permit to fly at the park. (1) Gliders may only be flown over the back slope of th e park and the valley areas to the west of the park. (2) Gliders may not be flown over any residences.
(3) Gliders may only take off and land in the designat ed take off and landing areas shown on the posted flying plan.
(4) Pilots shall take all actions necessary to avoid g liders striking or landing on houses or landing in backyards of houses.
(5) Gliders shall not be flown over the trail that runs through the park or over the east side of the trail, except when landing gliders.
(6) Gliders shall not be landed on the grass area of the pa rk if there are park users in that area or if trail users are in the vicinity of the grass area. If a glider must be landed when people are in those areas, the glider shall be landed in the landscaped area located below and on the west side of the trail. (7) Only five gliders may be flown at a time and if five gliders are being flown from the park, no person shall fly a glider at the park until one of the flying gliders is landed. (8) When flying gliders, pilots must be at one of the pilot stations which are designated on the posted flying plan.
(9) Before flying a glider at the park, ea ch pilot must comply with the following. a. Pilots must have in their possession the permit required by this subchapter and place that permit on the frequency board for the frequency that they are using to fly the glider. b. Pilots must have liability insurance in the amount of at least $1,000,000 to cover their activities in flying gliders and they must have, at all times that they fly gliders at the park, proof of such insurance with them.
c. Pilots shall only use frequencies that are not already being used as demonstrated by the frequency board. Pilots shall only use radio controlled frequencies allowed by the Federal Communications Commission.
d. No person shall turn on a transmitter until their permit is placed on the frequency board and an unused frequency is obtained.
e. Pilots shall, before every glider flight, check ba ttery voltage of the batteries in the glider and the remote control device for the glider, and make sure that the batteries have sufficient power for the duration of the flight.
f. Pilots shall range check all new airplanes before they are flown. (10) If a glider lands on private property, no person sh all go onto that property to retrieve the glider, unless that person first obtains permission from the property owner to retrieve the glider. If permission to retrieve a glider is refused, then the pilot shall contact the county sheriff's department and request assistance in obtaining the return of the glider.

(11) Pilots shall not engage in combat flying at the park. (12) Launching gliders by means of rubber bands or any other mechanical device at the park is prohibited. (b) Glider pilots shall be responsible for any damages that they cause by the flying of gliders, including, but not limited to, interfering with the remote control signal to another glider, striking another glider, striking or landing on the houses or backyards of houses surrounding the park, or causing damage to the improvements at the park. In the event any incidents of a glider causing property damage or personal injury occur, the pilot of the glider shall provide, if requested, their name, address, telephone number and insurance information to anyone who is injured or whose property is damaged.
(Ord. 2002-123, § 2, passed 12-17-02)
Sec. 13-1-81. Prohibition of powered airplanes and drones.

The flying of electric or gasoline powered model airplanes, drones or aircraft at the park is prohibited. (Ord. 2002-123, § 2, passed 12-17-02)
Sec. 13-1-82. Implementation.

The city director or designee, is directed and authorized to adopt and promulgate regulations which are consistent with this subchapter to implement the provisions of this subchapter. (Ord. 2002-123, § 2, passed 12-17-02)
Sec. 13-1-83. Violations.

Any person violating § 13-1-76 or 13-1-81 shall be subject to citation and prosecution for violation of this Code. Violation of the regulations set forth in § 13-1-80 shall not be subject to citation or prosecution, but shall be used as provided for in § 13-1-78 to determine issuance, denial, suspension and revocation of the permit required to be obtained to fly gliders at the park.
(Ord. 2002-123, § 2, passed 12-17-02)
Secs. 13-1-84—13-1-93. Reserved.

ARTICLE 5. SUBCHAPTER 4. CAMPER TRUCKS AND TRAILERS
Sec. 13-1-94. Applicability of subchapter.

This subchapter shall apply to all public land owned, operated or maintained by the city. (Ord. 90-11, § 2, passed 3-6-90)
Sec. 13-1-95. Unauthorized camping.

It shall be unlawful for any person to camp or sleep overnight, in a vehicle or otherwise, or to park a camper truck, camper trailer, tent trailer or other vehicle overnight upon any lands or easements owned by the city, except

upon such portions thereof as may have been specifically designated and set aside by the city council or the manager for such purposes.
(Ord. No. 90-11, § 2, 3-6-90)
Cross reference(s)—Highways, rights -of-way and vehicles, tit. 7.

ARTICLE 6.SUBCHAPTER 5. SKATEBOARD PARK REGULATIONS3
Sec. 13-1-101. Definitions.

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

Approved bicycles. (1) bicycles that meet the following restrictions and requirements. a. Only bicycles that are BMX type bi cycles or bicycles that are intended to be used for jumping or riding on dirt, streets or in skate parks are approved bicycles. b. Bicycles that are of the following types or are intended for the following purposes are not approved bicycles:

Downhill, cross country, mountain, trail, tandem, 10 speeds, 29ers or similar types of bicycles, track or fixed gear bicycles, road bicycles, beach cruisers, folding bicycles, motorized bicycles, electric bicycles, tricycles, unicycles, big wheels, stair cycles, free riding bicycles, trailers, sidecars, or any type of bicycle that is not a BMX type bicycle or is not intended to be used for jumping or riding on dirt, streets or in skate parks.
c. Only bicycles with a wheel size of 26 inches in diameter or less are approved. d. Bicycles must be hard tail (have no rear suspensio n). Bicycles with front suspension are only approved if their front suspension is limited to 100 millimeters of travel or less. e. Only single speed bicycles are approved. Bicy cles with multiple gears are not approved. f. Bicycles may not have training wheels.
g. Bicycles may not have kickstands.
h. Bicycles with tires that could track mud and/or other debris into the park are not approved. i. The pedals on the bicycles must be aluminum or plastic. j. Handlebars on the bicycles must have end caps or grips that cover the end of the bars. e. Bicycles may not be faulty, damaged or broken or unsafe or unfit for use at the park. l. If a bicycle has pegs, the pegs must comply with the following:
(1) They must be plastic or smooth metal with al uminum capped ends. They may not be made of any metal other than aluminum.
(2) They must not have holes, serrations, grip tape, grooves or be made of any other type of surface that is not smooth.

(3) If the pegs on a bicycle do not comply with this article, they must be removed in order for the bicycle to be used at the park.

If the director determines that pegs on bicycles are causing damage to the park, the director is authorized to prohibit the use of bicycles with pegs.
(2) City staff is authorized to implement and apply the regulations and restrictions in this section to determine whether bicycles are approved bicycles. Further, city staff is authorized to determine whether bicycles are unsafe or unfit for use at the park. City staff's determination as to whether a bicycle is or is not in compliance with the regulations and restrictions or whether a bicycle is unsafe or unfit for use at the park shall be final.

Bike or biking.to ride, operate or use a bicycle.

City. The City of Laguna Niguel.

Director. the City of Laguna Niguel Director of Parks and Recreation.

In-line skates. also known as rollerblades, which are footwear containing four or more axles mounted in a straight line extending generally from or behind the heel of the footwear to or in front of the toe of the footwear with a single wheel attached to each axle.

Park. The Laguna Niguel Skateboard Park located on Alicia Parkway, Laguna Niguel, California, and it includes the skate area at the park.

Permit. the permit issued by the city to allow skating, skateboarding and/or biking at the park.

Person. both the singular and the plural and shall also mean and include a person or individual.

Skate or skateboard. to ride, operate or use skates or a skateboard.

Skate area. the area of the park specifically designated pursuant to this subchapter for skating, skateboarding and/or biking.

Skateboard. a board of any material, which has wheels attached to it and which, if propelled or moved by human gravitational or mechanical power, and to which there is not fixed any device or mechanism to turn or control the wheels.

Skates. any footwear or device, which may be attached to the footwear, to which wheels are attached and such wheels may be used to aid the wearer in moving or propulsion. Skates includes rollerskates, in-line skates, and rollerblades.
(Ord. 2010-162, § 2, passed 1-4-11)
Sec. 13-1-102. Skateboard permit required.

No person shall skate, skateboard or bike at the park unless and until they have received from the city a permit pursuant to this subchapter.
(Ord. No. 2010-162, § 2, 1-4-11)
Sec. 13-1-103. Skateboard park regulations.

To insure the enjoyment, safety and proper use of the park, all persons using the park, including all persons skating, skateboarding or biking at the park, shall comply with each and every one of the following regulations regulations as outlined in the City Council Ordinance No. 2010-162 and the skatepark facilities use policy. (A) No person shall skate, skateboard or bike unless that person is wearing a helmet designed for skateboarding, in-line skating and/or biking uses with a chin strap, elbow pads designed for

skateboarding, in-line skating and/or biking uses with plastic elbow caps and knee pads designed for skateboarding, in-line skating and/or biking uses with plastic knee caps. (B) No person shall skate, skateboard or bike unle ss all the required equipment is in good repair at all times during use.
(C) No person shall ride, use or operate a bicycle that is not an approved bicycle as defined in § 13-1-101. (D) No person shall enter or be upon the skate area at any time other than during the posted hours of operation for the park. No person shall enter or be upon the skate area at any time that the park is closed or when city staff has closed the skate area.
(E) No person shall skate, skateboard or bike anywhere at the park except in the skate area. (F) (1) No person shall ride, operate or utilize in the skate area any device other than a skateboard, skates or bicycle.
(2) Prohibited devices include, but are not limited to, scooters, razors and motorized vehicles. (G) Spectators are not allowed in the skate area. No person shall enter or be upon the skate area unless that person is actively skateboarding, skating or biking in accordance with these regulations. (H) No person shall place any additional piece of equipment, obstacle, apparatus, or other material, including, but not limited to, ramps, jumps or rails, within the skate area, and no person shall use any such additional piece of equipment, obstacle, apparatus or other material. (I) No person shall skate, skateboard or bike when th e surface of the skate area is wet or other conditions exist which adversely effect the safety of skateboarders, skaters and/or bikers. (J) There shall be no simultaneous biking and skat ing or skateboarding. No person shall skate or skateboard in the skate area during the time it is designated for biking and no person shall bike in the skate area during the time it is designated for skating and skateboarding.

11. No person shall use or engage in profanity, reckless or boisterous behavior, including, but not limited to, tandem riding, pushing, horseplay, hazing or bullying, or any other activity which could endanger the safety of persons using the skate area or spectators. (K) No person shall use, consume, or have within thei r custody or control, food or other beverages within the skate area.
(L) No person shall use, consume, or have within th eir custody or control, alcohol, tobacco products, or illegal drugs at the park.
(M) No person shall enter or be upon the skate area under the influence of alcoholic beverages or illegal drugs or with their motor skills or judgment impaired as the result of any drugs. (N) No person shall use or possess glass containers, bo ttles or other breakable glass products within the park.
(O) No person shall use a portable or personal radio, stereo, CD player, or similar device in the skate area.

No person shall use headphones, ear buds or similar devices in the skate area. (P) No person shall engage in graffiti, tagging, or other defacing of the park. (Q) All persons using the park area must place trash in receptacles or containers provided by the city. (R) When determined by city staff that a skater, skateboarder or biker has violated one or more of the regulations set forth in this section, that person, when so directed by city staff, shall leave the skate area and/or the park have their permit to use the skatepark revoked. (Ord. 2010-162, § 2, passed 1-4-11)

Sec. 13-1-104. Permits, hours of operation, designated skate area. (A) The Director shall establish procedures for the issu ance, suspension and revocation of permits to skate, skateboard and/or bike at the park. That process shall include, at a minimum, the following:
a. Persons desiring to skate, skateboard and/or bike at the park obtaining a permit, which allows for such skating, skateboarding and/or biking.
(1) Persons desiring to skate, skateboard and/or bike at the park paying the fees that have been adopted by the city council.;
c. Persons desiring to skate, skateboard and/or bike at the park, and where applicable their parents or guardians, being required to complete and sign a liability waiver and release, in the form acceptable to the city attorney, waiving and releasing the city from any claims that may arise out of injuries suffered while skating, any claims that may arise out of injuries suffered while skating, skateboarding and/or biking at the park.
d. Skaters, skateboarders and bikers, before receivin g the required permit, being required to review and sign a statement that they have read and understand the regulations contained in this article and that they will comply with all those regulations.
(2) Permits being suspended or revoked for skaters, sk ateboarders or bikers that fail to comply with the regulations set forth in §13-1-103.
(B) The Director shall designate and demarcate the skat e area, which will be the area of the park used for skating, skateboarding and/or biking.
(C) The Director shall determine when the skate area is to be used for skating and skateboarding and when the skate area is to be used for biking.

4. The hours of operation for the park have been esta blished by the city council and may be changed in the future by action of the city council Director of Parks and Recreation, or designee. (Ord. 2010-162, § 2, passed 1-4-11)
Sec. 13-1-105. Posting of signs.
(A)The Director shall post signs at the entrance of the park, at the entrance to the skate area and at other locations at the park the director determines are appropriate. (B)The content of the signs shall be determined by the Director, but the signs shall generally cover the regulations in this subchapter and have the following information and statements.:

1. To skate, skateboard and/or bike at the park, a permit must first be obtained from the city .;

2. The hours the park is open.

3. Skating, skateboarding and/or biking are only allowed when the park is open.

2. Helmets, kneepads and elbow pads are required to be worn at all times while skating, skateboarding or biking;

3. The failure to wear helmets, kneepads and el bow pads will subject violators to citation and prosecutionrevocation of use under this Code.

4. Skating, skateboarding and biking are hazardous recr eation activities. Skaters, skateboarders and bikers skate and bike at their own risk of being injured. The city will not be liable for injuries;

5. Only skates, skateboards and approved bi cycles can be used in the skate area;

6. Scooters, razors and motorized vehicles are prohibited in the skate area .;

9. No skating, skateboarding an d/or biking on wet surfaces.

10. No simultaneous skating or skateboarding and biking.

11. Spectators are not permitted in the skate area.

12. No portable or personal radio, stereo, CD player or similar device, and no headphones are permitted in the skate area.

13. No unauthorized pieces of eq uipment, obstacles or apparatus may be brought into the skate area.

7. Skating, skateboarding and/or biking outside of the skate area is prohibited.;

15. Graffiti, tagging and defacing at the park is prohibited.

16. Possession of glass containers at the park is prohibited.

17. Tobacco, alcohol and drug use are prohibited at the park.

18. Skating, skateboarding and/or biking while under the influence of alcohol or illegal drugs are prohibited.

19. Trash must be deposited in the trash receptacles.

8. Persons violating the regulations will be removed fr om the park and may be prohibited from skating, skateboarding and/or biking at the park in the future;

9. Persons violating the regulations will be subjec t to citation and prosecution under this Code. (Ord. 2010-162, § passed 2, 1-4-11)
Sec. 13-1-106. Implementation and enforcement.

A. The city director, or designee, is directed and authorized to adopt and promulgate procedures and regulations that are consistent with this subchapter to implement the provisions of this subchapter.

B. The city director, or designee, is directed to en force the provisions of this subchapter, including the regulation that skaters, skateboarders and bikers wear helmets, kneepads and elbow pads when skating, skateboarding and/or biking at the park.
(Ord. 2010-162, § 2, passed 1-4-11)
Sec. 13-1-107. Violations.

Any person violating any of the regulations set forth in § 13-1-103 may be removed from the park. Any violation of any section of this subchapter is deemed to be an infraction and punishable under this section according to the provisions of this Code and State law. (Ord. 2010-162, § 2, passed 1-4-11)
Secs. 13-1-108—13-1-110. Reserved.

ARTICLE 7SUBCHAPTER 6. HEALTHY PARKS ORDINANCE

Sec. 13-1-111. Purpose.

The purpose of this subchapter is to:
(A) Protect the public health, safety and general we lfare by prohibiting smoking in recreational areas under circumstances where other persons will be exposed to secondhand smoke; (B) Assure a cleaner and more hygienic environment fo r the city, its residents, and its natural resources; (C) Strike a reasonable balance between the needs of persons who smoke and the needs of nonsmokers, including children, to breathe smoke-free air, recognizing the threat to public health and the environment which smoking causes;
(D) Recognize the right of employees, residents and visitors to the city to be free from unwelcome second- hand smoke;
(E) Provide for the public health, sa fety, and welfare by discouraging the inherently dangerous behavior of smoking around non-tobacco users, by protecting children from exposure to smoking where they live and play and by protecting the public from nonconsensual exposure to secondhand smoke; and (F) Supplement applicable state and federal laws pertaining to smoking and not to duplicate, contradict, or frustrate such laws. This subchapter shall be construed consistently with that intention. (Ord. 2014-176, § 2, passed 6-17-14)
Sec. 13-1-112. Title.

This subchapter is titled "Healthy Parks Ordinance."
(Ord. 2014-176, § 2, passed 6-17-14)
Sec. 13-1-113. Definitions.

For the purposes of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

Electronic cigarette. an electronic and/or battery-operated device, the use of which may resemble smoking, which can be used to deliver an inhaled dose of nicotine or other substances. Electronic cigarette includes any such electronic smoking device, whether manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, or any other product name or descriptor. Electronic cigarette does not include any product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product and is being marketed and sold solely for that approved purpose.

Recreational area. any city-owned public area, open to the public for recreational purposes regardless of any fee or age requirement, including, for example, but not limited to parks, picnic areas, playgrounds, gardens, athletic fields, walking paths, hiking trails, amphitheaters, bike paths, horseback riding trails, sports facilities, skateboard parks, stadiums, and other open spaces.

Smoking or to smoke. holding or possessing a lighted pipe, a lighted hookah pipe, a lighted cigar, a lighted cigarette, a lighted hookah, an operating electronic cigarette, or other similar type of device, or the lighting of a pipe, hookah, cigar, cigarette or similar type of device containing tobacco, tobacco product, nicotine, spices, or any other plant or herbal materials, including marijuana. Smoking also includes the use of an electronic cigarette device which creates a vapor or aerosol, in any manner or in any form. (Ord. 2014-176, § 2, passed 6-17-14)

Sec. 13-1-114. Prohibition of smoking in recreational areas.

Smoking is prohibited in all recreational areas.
(Ord. 2014-176, § 2, passed 6-17-14)
Sec. 13-1-115. Prohibitions generally.
(A)No person shall intimidate, harass, or otherwise retaliate against any person who seeks to attain compliance with this subchapter.
(B)Moreover, no person shall intentionally or recklessly expose another person to secondhand smoke in response to that person's effort to achieve compliance with this subchapter. (Ord. 2014-176, § 2, passed 6-17-14)
Sec. 13-1-116. Enforcement.
(a) Violations of this subchapter shall be an infraction under the provisions of this Code and shall be punishable for the first conviction by a fine of not more than $100.00, for a second conviction within a period of one year by a fine of not more than $200.00, and for a third or any subsequent conviction within a period of one year by a fine of not more than $500.00.
(b) The remedies provided by this subchapter are cumulati ve and in addition to any other remedies available at law or in equity.
(Ord. 2014-176, § 2, passed 6-17-14)