site has been obtained, and the work shall be performed in compliance with the terms of the permit.
(2) The director may waive the sections of this subc hapter related to permit procedure as he deems appropriate.
(Ord. 90-11, § 14, passed 3-6-90)
§ 9-2-16 Permit procedure.
An application for a permit signed by the owner or their legally authorized agent shall be filed with the department of community development upon forms provided by that department. The application shall be accompanied by a description of the site and such fees, plans, reports, and engineering data as are outlined in §§ 9-2-17, 9-2-18, and 9-2-21.
(Ord. 90-11, § 14, passed 3-6-90)
§ 9-2-17 Submission of site plans.
(A) Plans signed by a registered civil engineer or licensed land surveyor shall be submitted by the operator or their authorized agent with an application for a permit. (B) Plans of the site shall be drawn to a scale of one inch equals 100 feet, unless otherwise specified by the director.
(C) The plans shall include but not be limited to the following items:
(1) Property lines and lease lines, in addition to plans of the site; (2) Contours at five-foot intervals, unle ss otherwise specified by the director; (3) Required setbacks;
(4) Location of all existing and proposed structures , including processing plants and other appurtenant equipment;
(5) Location of existing and proposed points of in gress and egress, haul roads, driveways and parking areas;
(6) Location and approxim ate depth of existing and proposed settling basins, desilting ponds and other bodies of water;
(7) Method of disposing of drainage;
(8) The area to be excavated, and typical cross se ctions of slopes to be formed or modified; and (9) Location of existing and proposed fencing.
(D) The director shall have the prerogative of requiring the owner or operator to furnish periodic plans and reports if this is necessary to determine compliance with this subchapter. (Ord. 90-11, § 14, passed 3-6-90)
§ 9-2-18 Submission of reports and engineering data.
Reports and engineering data, prepared by a registered civil engineer or a registered engineering geologist, which are pertinent to the pit or operation shall accompany the application where the operator or permittee
proposes to establish setbacks less than or slopes steeper than those specified in §§ 9-2-29 and 9-2-30, or where required pursuant to §§ 9-2-29 and 9-2-30 due to close proximity to a watercourse or groundwater. (Ord. 90-11, § 14, passed 3-6-90)
§ 9-2-19 Compliance with standards.
The permit application, plans, reports and engineering data shall indicate compliance with the standards specified in §§ 9-2-29 and 9-2-30.
(Ord. 90-11, § 14, passed 3-6-90)
§ 9-2-20 Site inspections.
(A) Prior to approval of any plans or the issuance of a permit, the director may inspect the site to determine that the plans, reports or other data are accurate and sufficient. (B) The director shall inspect each site regulated by this article at the time of payment of annual fees as required by § 9-2-21(B) and at such other times as they deem necessary, for the purpose of ascertaining whether the operations are being conducted and the site maintained in conformity with the minimum standards of this code and applicable permits.
(C) Whenever the director determines that the work does not comply with the terms of the permit or requirements of this subchapter, or that the soil or other conditions are not as stated on the permit, they shall notify the permittee of such fact in writing demanding compliance within 30 days from the date of such notice. If the permittee has not, within the stated time, complied with the terms of the permit or requirements of this subchapter, or given reasonable assurances that steps are being taken to comply, the director may order the cessation of all work or any portion thereof, and such work shall cease until the requirements of the permit and of this subchapter have been met. (Ord. 90-11, § 14, passed 3-6-90)
§ 9-2-21 Fees.
(A) Plan checking and processing fee. With the submission of an application for a permit, or whenever new plans are required to be submitted for review by the department, a plan checking and processing fee of $50.00 shall be paid by the applicant.
(B) Permit and inspection fee. An annual fee in the amount specified in this division (B) shall be submitted to the department by July 1 of each year to cover the cost of inspection for the subsequent fiscal year, except that the initial fee shall be prorated on the basis of the portion of the fiscal year remaining, with a minimum fee of $100.00. The annual permit and inspection fee shall be computed on the basis of the previous year's production from the site, which the permit shall cover as follows: set forth in the schedule of fees and charges established by resolution of the City Council.
Production Permit and
Inspection Fee
None or less than 10,000 tons $ 200.00
10,001 to 50,000 tons 400.00
50,001 to 200,000 tons 700.00
More than 200,000 tons 1,500.00
(Ord. 90-11, § 14, passed 3-6-90)
§ 9-2-22 Term and expiration of permit.
(A) Each extraction permit issued for an existing or proposed operation shall continue in effect only as long as none of the provisions of this subchapter are violated and as long as the annual permit fees have been paid. (B) (1) The extraction permit shall expire on July 1 unless the annual permit and inspection fees for the subsequent fiscal year have been paid by that date. No operations other than such corrective work as may be designated by the director shall be conducted after such date unless a new permit has been approved by the director.
(2) In the case of existing pits, this corrective work shall include compliance with all the provisions of § 9-2-
29. (Ord. 90-11, § 14, passed 3-6-90)
§ 9-2-23 Renewal of permit.
Any extraction permit that has expired or been revoked may be renewed by making application to the department, upon the following conditions.
(A) The applicant shall submit an app lication, up-to-date plans, reports and other data as specified by this subchapter or required by the director.
(B) The site shall be in compliance with all applicable provisions of this subchapter. (C) Payment shall be made of the f ees required by section 9-2-21. (Ord. 90-11, § 14, passed 3-6-90)
§ 9-2-24 Revocation of permit.
The director may revoke any permit, in whole or in part, if, after notification and demand as provided in § 9- 2-20, the pit or work covered by the permit has been materially extended beyond the limits of the permit, or if any fences or walls or other protective devices required by this subchapter have not been constructed or maintained in good repair, or if other provisions of this subchapter have been violated by the operator, owner or permittee. (Ord. 90-11, § 14, passed 3-6-90)
§ 9-2-25. Granting of permit not to authorize violation of law.
The issuance, granting or renewal of a permit shall not be deemed or construed to be a permit for or an approval of any violation of the provisions of this subchapter or any other code, and no permit presuming to give authority to violate or cancel the provisions of this subchapter shall be valid except insofar as the work or use which is authorized by the issuance, granting or renewal of the permit is lawful. (Ord. 90-11, § 14, passed 3-6-90)
C
§ 9-2-26 Conformity to plans.
Upon issuance of a permit, the plans submitted by the applicant shall be approved and so stamped by the department. The pit and all work pertinent thereto shall be maintained in conformity with the approved plans unless authorization to modify the pit or operation is obtained from the director and the plans and records are so changed and noted.
(Ord. 90-11, § 14, passed 3-6-90)
§ 9-2-27 Bonds.
A corporate surety bond in the form and amount specified in this section shall be submitted by each applicant for a permit to perform any mining, quarrying or commercial extraction of rock, sand, gravel, aggregate, clay or similar products on private property in the city. (A) Every bond shall be executed by the operator for the faithful performance of the work to be undertaken and by a corporate surety insurer authorized to do business in this state as surety, or, in lieu thereof, a written agreement for such performance shall be submitted accompanied by a deposit in cash or such other financial security as shall be approved by the director and city attorney. (B) Every bond shall be in a form approved by the city attorney. (C) Every bond or agreement in lieu thereof shall be conditioned that the operator shall faithfully comply with all provisions of this subchapter until the site is properly abandoned in conformity with the provisions of §§ 9-2-28 and 9-2-29.
(D) The bond or agreement in lieu thereof shall secure the city against all costs, charges and expenses caused by the failure of the principal to fully comply with the provisions of this subchapter. (E) The bond or other security shall be in the amount of $10,000.00, except that one operator or company may post a blanket bond in the sum of $40,000.00 to cover all operations of that company in the city. (F) Whenever the director finds that a default has oc curred in the performance of any requirement of this subchapter, written notice as provided in § 9-2-20 shall be given to the principal and surety on the bond, or depositor, as the case may be. Such notice shall specify the default and demand correction within 30 days, or such longer time as the director may allow, on penalty of forfeiture of the reasonable costs of making the necessary corrections by the city. The director shall proceed by such mode as they deem convenient to cause the required work to be performed and completed. (G) Any bond issued in compliance wi th this section shall be exonerated and the surety relieved of all obligations thereunder when the director certifies that the site has been abandoned in conformity with all regulations of this subchapter.
(H) A substitute bond may be filed in lieu of any bond on file under this section, and the director shall accept and file the substitute bond if it is qualified and in proper form and substance and the bond for which it is substituted shall be exonerated, but only if the director finds that no default exists as to performance upon which the bond is conditioned, to date of substitution. (Ord. 90-11, § 14, passed 3-6-90)
§ 9-2-28 Abandonment.
(A) Whenever a pit or excavation operation is to be abando ned, the operator shall notify the director in writing of their intention to abandon the pit or operation at least 30 days prior to such abandonment.
(B) The director shall inspec t the site prior to the date of proposed abandonment and notify the operator of what protective devices or structures and what corrective measures are or may be necessary for the protection of adjacent properties and the general public as specified in § 9-2-29. The director shall also notify the property owner and the operator what assurance, if any, they require for the continued maintenance of protective devices and future correction of possible unsafe conditions as may occur. (C) Within 30 days after the abandonment of the pit or operation, the director shall again inspect the site for compliance with § 9-2-29 and notify both the property owner and the operator of their findings. (D) Whenever the director determines that the site has been abandoned in accordance with the provisions of § 9-2-29, they shall so note on the permit.
(Ord. 90-11, § 14, passed 3-6-90)
§ 9-2-29 Standards for inoperative pits.
Each pit not currently in use for commercial extraction operations shall be maintained in accordance with the following minimum standards.
(A) Setback and slopes.
(1) (a) The finished perimeter slope shall not be stee per than 1½ feet horizontal to one foot vertical projecting into the pit from a 50-foot setback adjacent to the perimeter of the property. (b) In addition, where the director determines there is a possibility of potentially hazardous seepage or flow into a pit from a flood control channel, reservoir, conservation or flood-retarding basin or natural watercourse, they shall establish the setback and slope requirements based on the preservation of the integrity of the existing flood control channel, reservoir, conservation or flood-retarding basin or natural watercourse, so that the subject property shall continue to receive and carry off waters in a manner equal to that experienced prior to any excavation.
Setback requirements imposed under this division (A)(1)(b) may exceed the 50-foot requirement set forth in this section, in the discretion of the director, but such setbacks may not be less than 50 feet as set forth in division (A)(1)(a) above. Slope requirements may be greater or less than that set forth in division (A)(1)(a) above in the discretion of the director. The applicant may be required to furnish reports and engineering data, as set forth in § 9-2-18, to justify the setback and slope requirement requested in such a case. The director may require such reports in any case.
(c) Where the director determines that the pit extends below or in the future may extend below groundwater elevations, the slopes shall not be steeper than the safe values as determined by the director, based on the reports described in § 9-2-18, which reports may be required by the director in such a case.
(2) These requirements may be modified by the director in cases where safety conditions and engineering and geological data submitted to the director for approval indicate that a less restrictive setback or slope may be permitted.
(B) Diversion of watercourse. No pit shall be maintained in or adjacent to the floodplain of any watercourse which by reason of the excavation's shape, location, berm elevations or area, in the opinion of the director, is likely to produce a diversion of the natural watercourse away from the pit and outside the natural watercourse if flow from the watercourse enters the excavation. (C) Drainage. Adequate provision for conveyance of water across and from the site and for long-term retention of water shall be accomplished so as to minimize potential dangers from landslide and erosion.
(D) Fencing.
(1) Other than in cases where data is submitted to the director for approval and which data indicate to the director that no safety hazards exist, a fence shall be constructed enclosing the area of each existing pit. The fence shall be of steel, chain link type, and a minimum of six feet in height above the existing grade of property outside the fenced area. The bottom of the fence shall conform to the ground surface so as to prevent any opening between it and the ground surface exceeding four inches.
(2) Gates of the same material and height as the fenc e shall be installed at all points of vehicular or pedestrian ingress and egress. The gates shall be equipped with keyed locks and shall be kept locked at all times when not in regular use. The fence, gates and locks shall be maintained in good condition and repair.
(E) Correction and repair of protective devices. Whenever the director determines that maintenance of protective devices or structures or the correction of potentially unsafe conditions may be necessary for the protection of adjacent properties and the general public, they shall notify in writing the owner or other responsible person, who shall take such corrective action as necessary and shall post a surety bond or other financial security in an amount sufficient to ensure the continued maintenance of the protective devices for such potentially unsafe conditions. A grading permit will be required for any repair work. The fees for such permit shall be as specified by the grading code of the city unless such fees are waived by the director.
(Ord. 90-11, § 14, passed 3-6-90)
§ 9-2-30 Standards for active operations.
The mining, quarrying and commercial extraction of sand, gravel, rock, aggregate, clay or similar products shall be performed in accordance with the following minimum standards. (A) Setbacks.
(1) No excavation activities shall be carried on within 50 feet of:
(a) The common property line of any parcel of land not used for the same purpose; and (b) The ultimate right-of-way of any public st reet, either existing or whose precise alignment has been adopted by the city council.
(2) In addition, where the director determines th ere is a possibility of potentially hazardous seepage or flow into a pit from a flood control channel, reservoir, conservation or flood-retarding basin or natural watercourse, they shall establish the setback requirements based on the preservation of the integrity of the existing flood control channel, reservoir, conservation or flood-retarding basin or natural watercourse, so that the subject property shall continue to receive and carry off waters in a manner equal to that experienced prior to any excavation. (3) Setback requirements imposed under this section may exceed the 50-foot requirement set forth in this section, in the discretion of the director, but such setbacks may not be less than 50 feet, as set forth in division (A)(1) above. The applicant may be required to furnish reports and engineering data, as set forth in § 9-2-18, to justify the setback requirement requested in such a case. The director may require such reports in any case. (B) Slopes.
(1) Where the director determines there is a pote ntially hazardous seepage into a pit from a flood channel, reservoir, conservation or flood-retarding basin or natural watercourse, or where the
director determines that the pit extends below or in the future may extend below groundwater elevations, the finished perimeter slope shall not be steeper than 2½ feet horizontal to one foot vertical, except as provided in division (B)(3) below.
(2) The finished perimeter slope shall not be steepe r than 1½ feet horizontal to one foot vertical projecting into the pit from the required setback line adjacent to the perimeter of the property. (3) Divisions (B)(1) and (B)(2) abov e notwithstanding, the slope requirement may be modified by the director in cases where the director determines that the proposed excavation operations present a potential hazard to adjacent property, or where other safety conditions and engineering or geological data, as described in § 9-2-18, submitted to the director for approval, or as may be required by them, indicate that less restrictive slopes may be permitted or more restrictive slopes may be required.
(C) Diversion of watercourse. No excavation shall be made or pit maintained in or adjacent to the floodplain of any watercourse which by reason of the excavation's shape, location, berm elevations or area, in the opinion of the director, is likely to produce a diversion of a natural watercourse away from the pit and outside the natural watercourse if flow from the watercourse enters the excavation. (D) Drainage. Adequate provisions for conveyance of water across and from the site and for long-term retention of water shall be accomplished in a manner meeting the approval of the director so as to minimize potential dangers from landslide and erosion.
(E) Fencing. Prior to the commencement or continuation of any excavation or extraction operations or the construction or use of any settling basin, a fence shall be constructed enclosing the area of the proposed or existing excavation or settling basin, or the entire site, other than in cases where data are submitted to the director for approval and which data indicate to the director that no substantial safety hazards exist. The fence shall be of a steel, chain link type, and a minimum of six feet in height above the existing grade of property outside the fenced area. The bottom of the fence shall conform to the ground surface so as to prevent any opening between it and the ground surface exceeding four inches. Gates of the same material and height as the fence shall be installed at all points of vehicular or pedestrian ingress and egress. The gates shall be equipped with keyed locks and shall be kept locked at all times when not in regular use. The fence, gates and locks shall be maintained in good condition and repair.
(F) Boundary markers.
(1) The site shall be surv eyed by a registered civil engineer or licensed surveyor and shall be defined by a series of poles (2½-inch pipe) six feet in height measured from the ground level and painted a bright color, which shall be installed and maintained at each change of direction and along the entire length of the subject site in such a manner that an individual standing at one such pole can clearly see the next pole in either direction.
(2) For good cause shown, the director may waive or modify this requirement for any extraction operations that are proposed to result in finished elevations that are not below the average natural ground elevations at the perimeter of the site, or for any extraction operations proposed to be located more than 1,000 feet from any property lines. (G) Posting of signs.
(1) Within 90 days after a permit has been issued pursuant to the provisions of this subchapter, the outer boundaries of the site shall be continuously posted with signs not less than 500 feet apart and at each change of direction of the boundary line in such a manner as will reasonably give notice to passersby of matters contained in such notice, stating in letters not less than four inches in height: "PUBLIC NOTICE" and stating the following in letters not less than one inch in height:
"THIS PROPERTY MAY BE USED FOR THE MINING, QUARRYING OR COMMERCIAL EXTRACTION OF
SAND, GRAVEL, ROCK, AGGREGATE, CLAY AND SIMILAR MATERIALS SUBJECT TO PERMITS WHICH HAVE BEEN ISSUED BY THE DIRECTOR OF BUILDING AND SAFETY, CITY OF LAGUNA NIGUEL." (2) The signs shall be of wood or metal and shall be maintained in legible condition at all times. Signs posted in compliance with the SG district regulations of the zoning code shall be considered as satisfying this section. The director may waive this requirement for good cause shown. (H) Ingress, egress and traffic safety.
(1) Roads providing vehicular acce ss to public highways which are used for transporting materials shall be located only at points designated on plans as approved by the city road department.
Adequate sight distance shall be maintained for traffic safety and a distance of not less than 80 feet from the intersection of the drive or access road with the right-of-way line of the public highway shall be paved for a width of not less than 12 feet. (2) In addition, that portion of the access road lying between the right-of-way line and the existing pavement of the public highway shall be constructed in accordance with the terms of an encroachment permit issued by the road department, or, in the case of state highways, issued by the California division of highwaysDepartment of Transportation. (Ord. 90-11, § 14, passed 3-6-90)
§ 9-2-31 Responsibility for compliance.
(A) (1) The permittee, operator, proper ty owner and their authorized agents, and any other person in control of the property, individually and collectively, are responsible for the observation of and compliance with all the provisions of this subchapter.
(2) Such responsibility shall include the correction of any unsafe condition and the construction and continued maintenance of all fences and other protective devices required by this subchapter or as deemed necessary by the director to protect the general public and adjacent properties. (B) In case the owner or other responsible person sh all fail, neglect or refuse to perform the required corrections, maintenance or repairs within the time specified in § 9-2-20 after being notified in writing to do so by the director, the director shall cause the required corrections, repairs or maintenance to be done, and the cost thereof shall be a charge and expense against the owner and the land. (Ord. 90-11, § 14, passed 3-6-90)
§ 9-2-32 Enforcement.
(A) It shall be the duty of the director to enforce the provisions of this subchapter. If at any time the director finds that any owner, permittee or operator is violating any of the provisions of the subchapter, they may order compliance in the manner provided in § 9-2-20. If compliance does not proceed, the director may, at the end of 30 days, or, in the absence of reasonable assurance given as provided in § 9-2-20, order immediate cessation of operations.
(B) If, in the opinion of the director, an immediate and substantial hazard exists to adjacent property or the general public, the director may order immediate cessation of that portion of the operation which may contribute to such a hazard within the 30-day period provided in § 9-2-20, which cessation shall continue until correction of the hazardous condition.
(Ord. 90-11, § 14, passed 3-6-90)
Created: 2025‐07‐24 16:43:30 [EST]
(Supp. No. 30)
§ 9-2-33 Penalty.
Any person in violation of any of the provisions of this subchapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than $500.00 or by imprisonment in the city jail for a period of not more than six months, or by both such fine and imprisonment. Each such person shall be deemed guilty of a separate offense for each day or portion thereof during which any violation of any of the provisions of this subchapter is committed, continued or permitted by such person, and shall be punishable therefor as provided in this section.
(Ord. 90-11, § 14, passed 3-6-90)
§ 9-2-34 Right of appeal.
(A) The operator, permittee or owner shall have the righ t to appeal determinations of the director under this subchapter within 14 days of any such determination to the grading board of appeals as defined by the grading code of the city, by filing a written request with the director specifically outlining which determinations are being appealed. The operator, permittee or owner may present such evidence as they deem necessary to support his appeal.
(B) The decisions of the grading board of appeals relating to 9-2-29(A), (B) and (C) and 9-2-30(A), (B), (C) and (D) shall be final. All other determinations of this body may be appealed to the city council within 14 days of the decision of the grading board of appeals.
(Ord. 90-11, § 14, passed 3-6-90)
Chapter 3 UNDERGROUND UTILITY DISTRICTS
Subchapter 1. General Pr ovisions, §§ 9-3-1—9-3-13
SUBCHAPTER 1. GENERAL PROVISIONS
§ 9-3-1 Definitions.
For purposes of this subchapter, the following definitions shall apply unless the context clearly indidcates or requires a different meaning.
Commission. The California public utilities commission.
Director. The director of community development of the city.
Person. Includes but is not limited to individuals, firms, corporations and partnerships, and their agents and employees.
Poles, overhead wires and associated overhead structures. Poles, towers, supporters, wires, conductors, cables, guys, stubs, platforms, crossarms, braces, transformers, insulators, cutouts, switches, communications circuits, appliances, attachments and appurtenances located above ground within a district and used or useful in supplying electric, communication, community antenna television or a similar or associated service.
Underground utility district or district. The area within the city within which poles, overhead wires and associated overhead structures are prohibited, as such area is described in a resolution adopted pursuant to the provisions of § 9-3-4.
Utility. All persons supplying electric, communication, community antenna television or a similar or associated service.
(Ord. 90-11, § 15, passed 3-6-90)
§ 9-3-2 Public hearing.
The city council may from time to time call public hearings to ascertain whether the public health, safety or welfare requires the removal of poles, overhead wires and associated overhead structures within designated areas of the city and the underground installation of wires and facilities for supplying electric, communication, community antenna television or similar or associated service. The city clerk shall notify all affected property owners, as shown on the last equalized assessment roll, and all utilities concerned, by mail, postage prepaid, of the time and place of such hearings, at least ten days prior to the date thereof. Each such hearing shall be open to the public and may be continued from time to time. At each such hearing, all persons interested shall be given an opportunity to be heard.
(Ord. 90-11, § 15, passed 3-6-90)
§ 9-3-3 Report by director of community development.
Prior to holding such public hearing, the director of community development or their representative shall consult with all affected utilities and shall prepare a report for submission at such hearing, containing, among other information, the extent of such utilities' participation and estimates of the total costs to the city and affected property owners. Such report shall also contain an estimate of the time required to complete such underground installation and removal of overhead facilities.
(Ord. 90-11, § 15, passed 3-6-90)
§ 9-3-4 Designation of districts.
(A) (1) If, after any such public hearing as described in § 9-3-2, the city council finds that the public health, safety or welfare requires the removal of poles, overhead wires and associated overhead structures and requires the underground installation of wires and facilities for supplying electric, communication, community antenna television or similar or associated service within a designated area, and the city council determines that such undergrounding is in the general public interest for one or more of the following reasons:
(a) Such undergrounding will avoid or eliminate an unusually heavy concentration of overhead facilities; (b) The street or road or right-of-way is extensively used by the general public and carries a heavy volume of pedestrian or vehicular traffic; and
(c) The street or road or right-of-way adjoins or passes through a civic area or public recreation area or an area of unusual scenic interest to the general public;
(2) the city council shall, by resolution, declare the designated area an underground utility district and shall order the removal and underground installation of such facilities. The decision of the city council shall be final and conclusive.
(B) Immediately following its adoption, th e city clerk shall cause a certified copy of the resolution to be recorded in the office of the county recorder. The resolution shall include a description and map of the area comprising the district, and will also provide that the city council shall by subsequent resolution fix the time within which:
(1) The individual properties in the district must be ready to receive underground service; and (2) Poles, overhead wires and associated overhead structures shall be removed. (C) A reasonable time shall be allowed for such removal and underground installation, having due regard for the availability of labor, materials and equipment necessary for such removal and for the installation of such underground facilities as may be occasioned thereby.
(Ord. 90-11, § 15, passed 3-6-90)
§ 9-3-5 Unlawful acts.
Whenever the city council creates an underground utility district and orders the removal of poles, overhead wires and associated overhead structures therein as provided in § 9-3-4, it shall be unlawful for any person or utility to erect, construct, place, keep, maintain, continue, employ or operate poles, overhead wires and associated overhead structures in the district after the date when the overhead facilities are required to be removed by such resolution, unless such facilities are specifically excluded from the undergrounding requirement in the resolution or except as provided in this article. Overhead facilities may, however, be permitted to remain temporarily, if required to furnish service to an owner or occupant of property, for a reasonable period of time prior to the performance by such owner or occupant of the underground work necessary for such owner or occupant to continue to receive utility service as provided in § 9-3-10, and for such reasonable time as is required to remove the facilities after the work has been performed, and as otherwise provided in this subchapter. (Ord. 90-11, § 15, passed 3-6-90)
§ 9-3-6 Exceptions for emergency or unusual circumstances.
Notwithstanding other provisions of this subchapter, overhead facilities may be installed and maintained for a period not to exceed ten days without authority of the city council in order to provide emergency service.
Additionally, the city council may grant special permission, on such terms as the council may deem appropriate, in cases of unusual circumstances, without discrimination as to any person or utility, to erect, construct, install, maintain, use or operate poles, overhead wires and associated overhead structures. (Ord. 90-11, § 15, passed 3-6-90)
§ 9-3-7 Additional exceptions.
This subchapter and any resolution adopted pursuant to § 9-3-4 shall, unless otherwise provided in such resolution, not apply to the following types of facilities:
(A) Any city facilities or equipment in stalled under the supervision and to the satisfaction of the director of community development;
(B) Poles and associated overhead structures used exclusively for street lighting; (C) Overhead wires which originate on a pole outside th e boundaries of a district and terminate at a point of service on a building within the district;
(D) Overhead wires attached to the exterior surface of a building by means of a bracket or other fixture and extending from one location of the building to another location on the same building or to an adjacent building without crossing any public street;
(E) Antennas, associated equipment and supporting structures, used by a utility for furnishing communications services;
(F) Equipment appurtenant to underg round facilities, such as surface-mounted transformers, pedestal- mounted terminal boxes and meter cabinets, concealed ducts, cable TV pedestals and amplifier cabinets;
(G) Temporary poles, overhead wires and associated overhead structures used or to be used in conjunction with construction projects; and
(H) Stub poles, anchors and guy wires originating in the district but used to support poles outside the district.
(Ord. 90-11, § 15, passed 3-6-90)
§ 9-3-8 Notice to property owners and utility companies. (A) Notification of creation of district.
(1) Within ten days after the effective date of a resolu tion adopted pursuant to § 9-3-4, the city clerk shall notify all affected utilities and all affected property owners within the district created by the resolution of the adoption thereof. The clerk shall further notify such affected property owners of the necessity that, if they or any person occupying such property desire to continue to receive electric, communication, community antenna television or similar or associated service, they or such occupant, at their own expense, shall provide all necessary facility changes on their premises so as to receive underground service from the underground lines of the supplying utilities, subject to the applicable rules, regulations and tariffs of the respective utilities on file with the public utilities commission and to all other applicable requirements of state laws and city ordinances. (2) Notifications by the clerk shall be made by mailin g a copy of the resolution adopted pursuant to § 9-3- 4, together with a copy of this subchapter, to affected property owners as such are shown on the last equalized assessment roll, and to the affected utilities. (B) Notice of deadline for change of facilities.
(1) Within 15 days of adoption by the city counc il of the resolution fixing the time within which conversions on private property and pole removal must be accomplished, the city clerk shall further notify all affected utilities and affected persons that the work required to change the facilities on the premises so as to receive electric, communication or community antenna television or similar or associated service provided or to be provided by the utility company shall be accomplished on or before the applicable date set forth in the resolution. This notice shall also state the date all poles and related overhead structures are to be removed from within the district. (2) Notification by the clerk shall be made by mailing a copy of this resolution to affected property owners as such are shown on the last equalized assessment roll, and to the affected utilities. (Ord. 90-11, § 15, passed 3-6-90)
§ 9-3-9 Responsibility of utility companies.
If underground construction is necessary to provide utility service within the district created by any resolution adopted pursuant to § 9-3-4, the supplying utility shall furnish that portion of the conduits, conductors
and associated equipment required to be furnished by it under its applicable rules, regulations and tariffs on file with the public utilities commission and all other applicable requirements of state laws and city ordinances. (Ord. 90-11, § 15, passed 3-6-90)
§ 9-3-10 Responsibility of property owners.
Every person owning, operating, leasing, occupying or renting a building or structure within a district shall provide for the construction of that portion of the service connection on their property between the facilities referred to in § 9-3-9 and the termination facility on or within the building or structure being served. (Ord. 90-11, § 15, passed 3-6-90)
§ 9-3-11 Enforcement.
If any person owning, operating, leasing, occupying or renting the property does not comply with § 9-3-10 within the time specified in the resolution adopted pursuant to §§ 9-3-4 and 9-3-8(B), the director of community development shall proceed as follows.
(A) They shall give no tice in writing to the person in possession of such premises, and notice in writing to the owner thereof as shown on the last equalized assessment roll, to provide the required underground facilities within ten days after receipt of such notice. (B) The notice to provide the required underground facilities may be given either by personal service or by mail. In case of service by mail, the notice shall be deposited in the United States mail, in a sealed envelope with postage prepaid, addressed to the person in possession of such premises at such premises, and to the owner thereof. If notice is given by mail, such notice shall be deemed to have been received by the person to whom it is sent within 48 hours after the mailing thereof. If notice is given by mail to either the owner or occupant of such premises, the director shall, within 48 hours after the mailing thereof, cause a copy thereof, printed on a card not less than eight inches by ten inches in size, to be posted in a conspicuous place on the premises. (C) The notice given by the director to provide the re quired underground facilities shall particularly specify that work is required to be done and shall state that, if the work is not completed within 30 days after receipt of such notice, the director will provide such required underground facilities, in which case the cost and expense thereof, including engineering, legal, advertising and all incidental expenses, will be assessed against the property benefited and become a lien upon such property. (D) If, upon the expiration of the 30-day period, the required underground facilities have not been provided, the director shall forthwith proceed to do the work; provided, however, that, if such premises are unoccupied and no electric or communication services are being furnished thereto, the director may, in lieu of providing the underground facilities, authorize the disconnection and removal of any and all overhead service wires and associated facilities supplying utility service to the property.
Upon completion of the work by the director, they shall file a written report with the city council setting forth the fact that the required underground facilities have been provided and the cost thereof, together with a legal description of the property against which such cost is to be assessed. The council shall thereupon fix a time and place for hearing protests against the assessment of the cost of such work upon such premises, which time shall not be less than ten days thereafter. (E) The director shall forthwith, upon the time for hear ing such protests having been fixed, give notice in writing to the person in possession of such premises, and a notice in writing thereof to the owner thereof, in the manner provided in this section for giving of the notice to provide the required underground facilities, of the time and place that the city council will pass upon such report and will
hear protests against such assessment. Such notice shall also set forth the amount of the proposed assessment.
(F) Upon the date and hour set for the hearing of protests, the city council shall hear and consider the report and all protests, if there are any, and proceed to affirm, modify or reject the assessment. (G) If any assessment is not paid within five days after its confirmation by the city council, the amount of the assessment shall become a lien upon the property against which the assessment was made by the director, and the director shall deliver to the assessor and tax collector of the county a notice of lien on each of the properties on which the assessment has not been paid, and the assessor and tax collector shall add the amount of the assessment to the next regular bill for taxes levied against the premises upon which the assessment was not paid. The assessment shall be due and payable at the same time property taxes are due and payable and, if delinquent, shall bear the same penalties as prescribed for delinquent real property taxes.
(Ord. 90-11, § 15, passed 3-6-90)
§ 9-3-12 Responsibility of city.
The city shall remove, at its own expense, all city-owned equipment from all poles required to be removed under this subchapter in ample time to enable the owner or user of such poles to remove the poles within the time specified in the resolution adopted pursuant to § 9-3-4. (Ord. 90-11, § 15, passed 3-6-90)
§ 9-3-13 Extension of time.
If any act required by this subchapter or by a resolution adopted pursuant to § 9-3-4 cannot be performed within the time provided on account of shortage of materials, war, restraint by public authorities, strikes, labor disturbances, civil disobedience or any other circumstances beyond the control of the actor, then the time within which such act will be accomplished shall be extended for a period equivalent to the time of such limitation. (Ord. 90-11, § 15, passed 3-6-90)
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)
TITLE 11
PUBLIC MORALS, SAFETY AND WELFARE
Chapter 1. General Provisions (Reserved)
Chapter 2. Firearms and Dangerous Weapons
Chapter 3. Fire Protection and Explosives
Chapter 4. Disorderly Conduc t, Places and Publications Chapter 5. Gambling
Chapter 6. Minors
Chapter 7. Police Regulation s and Public Protection
Chapter 8. Property Protection
Chapter 9. Public Safety
Chapter 10. Charitable or Philanthropic Solicitation
Chapter 11. Unlawful Exposure of Private Parts and Female Breasts Chapter 12. Nudity on Public Beac hes, in Parks or Within Public View
Chapter 13. Item Price Marking on Packaged Consumer
Commodities Reserved
Chapter 14. Nuisances
Chapter 15. Emergency Preparedness
Chapter 16. Abandoned Personal Property and Encampments
Chapter 2 FIREARMS AND DANGEROUS WEAPONS
Subchapter 1. Firearms Generally, §§ 11-2-1—11-2-29
Subchapter 2. Threats with Replica Firearms, §§ 11-2-30, 11-2-31
SUBCHAPTER 1. FIREARMS GENERALLY
§ 11-2-1 Discharge of firearms prohibited; exceptions.
(A) It shall be unlawful for any person, other than a peace officer acting in their official line of duty, to shoot, fire or discharge, or for any person to cause or permit to be shot, fired or discharged, in the territory lying within the boundaries of the city, any rifle, shotgun, pistol, revolver or firearm, except when it may be necessary so to do to protect life or property, or to destroy or kill any predatory or dangerous animal. (B) For purposes of this section, the term "firearm" sh all also include any instrument which expels a metallic projectile, such as a BB or a pellet, through the force of air pressure, CO 2 pressure or spring action, or any spot marker gun.
(Ord. 90-11, § 3, passed 3-6-90; Ord. 92-56, § 2, passed 7-21-92) §§ 11-2-2—11-2-21 Reserved.
§ 11-2-22 Firing ranges.
The provisions of this subchapter shall not be deemed or construed to prohibit, within the territory lying within the boundaries of the city, the establishment or maintenance of any pistol, rifle or target range, or to prohibit the discharge at any target thereon, by any person using such range, of any rifle, shotgun, pistol, revolver or firearm in or on such range, if such range is so installed, constructed, safeguarded, equipped and used as to adequately prevent any bullet, shot or missile from being projected beyond the confines of such range. (Ord. 90-11, § 3, passed 3-6-90; Ord. 92-56, § 13, passed 7-21-92) § 11-2-23 Firing over public highway.
It shall be unlawful for any person, other than a peace officer acting in their official line of duty, to shoot, fire or discharge, or for any person to cause or permit to be shot, fired or discharged, upon, along or across any public highway, road, street or way in the city, any rifle, shotgun, pistol, revolver or firearm, except when it may be necessary so to do in the protection of life or property. (Ord. 90-11, § 3, passed 3-6-90)
§§ 11-2-24—11-2-29 Reserved.
SUBCHAPTER 2. THREATS WITH REPLICA FIREARMS
§ 11-2-30 Definitions.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
Firearm. Has the same meaning as the meaning of that term under the state dangerous weapons control laws, and shall include air rifles, pellet guns or BB guns defined in California Penal Code § 16520.
Replica firearm. includes any device or object made of plastic, wood, metal or any other material which has the appearance of a pistol, revolver, shotgun, sawed-off shotgun, rifle, machine gun, rocket launcher or any other firearm as that term is used under the provisions of Penal Code §§ 12001, 12001.5, 12020(d)(10) and 12570 sufficient to lead a reasonable person to believe that it is an actual operable firearm. Includes, but is not limited to, any device or object of any other material which has the appearance of a firearm or imitation firearm, as defined in California Penal Code § 16700, sufficient to lead a reasonable person to believe that it is an actual operable firearm.
(Ord. 90-11, § 3, passed 3-6-90)
§ 11-2-31 Prohibited acts.
Every person who, except in the defense of themself, of property or of others, draws, exhibits or brandishes a replica firearm in a rude or threatening manner, and causes another to reasonably feel threatened thereby, is guilty of a misdemeanor.
(Ord. 90-11, § 3, passed 3-6-90)
Chapter 3 FIRE PROTECTION AND EXPLOSIVES
Subchapter 1. 2025 Edition of the California Fire Code, §§ 11-3-1— 11-3-84
Subchapter 2. Fire Regulations, §§ 11-3-85—11-3-199
Subchapter 3. Fire Protection in State Responsibility Areas, §§ 11-3- 200—11-3-299
Subchapter 4. Reserved, §§ 11-3-300—11-3-499
Subchapter 5. Formation and Continued Existence of Fire Companies, §§ 11-3-500—11-3-599
Subchapter 6. Alarm Systems an d Businesses and False Alarms, §§ 11-3-600—11-3-608
Subchapter 6.51. False Alarms and Payment of Costs, §§ 11-3-700—11- 3-703
Subchapter 7. Very High Fire Hazard Severity Zone, § 11-3-800
SUBCHAPTER 1. 2025 EDITION OF THE CALIFORNIA FIRE CODE
§ 11-3-1 Adoption of the 20225 Edition of the California Fire Code.
Except as hereinafter provided, the 2025 Edition of the California Fire Code, based on the 2024 Edition of the International Fire Code, being California Code of Regulations, Title 24, Part 9, as published by the International Code Council, is hereby adopted by reference by the City for the purpose of prescribing regulations governing conditions hazardous to life and property from fire and explosion hazards, save and except such portions as are hereinafter added, deleted, modified or amended. One copy of all the above is now on file in the office of the City Clerk for public inspection. This code is adopted with the same force and effect as through set out herein in full. (Ord. 2025-238, § 2, passed 12-02-25)
§ 11-3-2 Chapter 1, Scope and Administration, amended.
Chapter 1 of the California Fire Code, “Scope and Administration”, is adopted in only those sections and subsections adopted by the SFM, with the following amendments:
(A) Section 113.4 'Violation penalties' is hereby revised as follows:
113.4 Violation penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or shall fail to comply with any issued orders or notices or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the Fire Code Official, or of a permit or certificate used under provisions of this code, shall be subject to penalties assessed as prescribed in the OCFA Prevention Field Services adopted fee schedule. Each day that a violation continues after due notice has been served shall be deemed a separate offense. (B) Section 113.4.2 'Infraction and misdemeanor' is hereby added as follows:
113.4.2 Infraction and misdemeanor. Persons operating or maintaining any occupancy, premises or vehicle subject to this code that shall permit any fire or life safety hazard to exist on premises under their control shall be guilty of an infraction. Persons who fail to take immediate action to abate a fire or
life safety hazard when ordered or notified to do so by the chief or a duly authorized representative are guilty of a misdemeanor.
(Ord. 2025-238, § 2, passed 12-02-25)
§ 11-3-3 Chapter 2, Definitions, amended.
Chapter 2 of the California Fire Code, “Definitions”, is adopted in its entirety as amended by the State Fire Marshal (“SFM”) with the following amendments:
Sections 202 “General Definitions” is hereby revised by adding "OCFA," and "Spark Arrester" as follows:
OCFA. Orange County Fire Authority, the fire authority having jurisdiction.
SPARK ARRESTER. A listed device constructed of noncombustible material specifically for the purpose of meeting one of the following conditions:
1. Removing and retaining carbon and other flammable particles/debris from the exhaust flow of an internal combustion engine in accordance with California Vehicle Code Section 38366.
2. Fireplaces that burn solid fuel in accordan ce with California Building Code Chapter 28. (Ord. 2025-238, § 2, passed 12-02-25)
§ 11-3-4 Chapter 3, General Requirements, amended.
Chapter 3 of the California Fire Code, General Requirements, is adopted in its entirety, with the exception of §§ 308.1.4, 311.5, 318 and with the following amendments:
Section 304.1.3 'Vegetation' is hereby revised as follows:
304.1.3 Vegetation. Weeds, grass, vines, or other growth that is capable of being ignited and endangering property, shall be cut down and removed by the owner or occupant of the premises.
Vegetation clearance requirement in urban-wildland interface areas shall be in accordance with Part 7, the California Wildland-Urban Interface Code. Type, amount, arrangement, and maintenance of vegetation in a fuel modification area, interior slope, or similarly hazardous area shall be in accordance with OCFA Guideline C-05 “Vegetation Management Guideline: Technical Design for New Construction, Fuel Modification Plans, and Maintenance Program.
Section 305.6 'Hazardous conditions' is hereby added as follows:
305.6 Hazardous conditions. Outdoor fires burning wood or other solid fuel are not allowed when any of the following conditions applies:
1. When predicted sustained winds exceed 8 MPH and relative humidity is less than 25%, or a red flag condition has been declared.
2. When an official sign was caused to be posted by the Fire Code Official, or a public announcement is made.
No outdoor fires using any fuel type are permitted when predicted sustained winds exceed 20 MPH or when such fires present a hazard as determined by the Fire Code Official.
Section 305.7 'Disposal of rubbish' is hereby added as follows:
305.7 Disposal of rubbish. Rubbish, trash, or combustible waste material shall be burned only within an approved incinerator and in accordance with Section 307.2.1.
Section 307, “Open burning, recreational fires and portable outdoor fireplaces”, is hereby revised as follows:
Section 307 Open burning, recreational fires, fire pits, fire rings, and portable outdoor fireplaces.
Section 307.6, “Outdoor fireplaces, fire pits, fire rings, and outdoor fireplaces”, is hereby added as follows:
307.6 Outdoor Fireplaces, Fire Pits, Fire Rings, or similar devices used at Group R Occupancies. Outdoor fireplaces, fire pits, fire rings, or similar exterior devices used at Group R occupancies shall comply with this section.
Exception: Barbeques, grills, and other portable devices intended solely for cooking.
Section 307.6.1, “Gas-fueled devices”, is hereby added as follows:
307.6.1 Gas-fueled devices. Outdoor fireplaces, fire pits and similar devices fueled by natural gas or liquefied-petroleum gas are allowed when approved by the Building Department and the device is designed to only burn a gas flame and not wood or other solid fuel. At R-3 occupancies, combustible construction and vegetation shall not be located within three feet of an atmospheric column that extends vertically from the perimeter of the device. At other R occupancies, the minimum distance shall be ten feet. Where a permanent Building Department approved hood and vent is installed, combustible construction may encroach upon this column between the bottom of the hood and the vent opening. Where chimneys or vents are installed, they shall have a spark arrester as defined in Section 202.
Section 307.6.2, “Devices using wood or fuels other than natural gas or liquefied-petroleum gas”, is hereby added as follows:
307.6.2 Devices using wood or fuels other than natural gas or liquefied-petroleum gas. Permanent outdoor fireplaces burning wood or other solid fuel shall be constructed in accordance with the California Building Code with clearance from combustible construction and building openings as required therein. Fires in a fireplace shall be contained within a firebox with an attached chimney. The opening in the face of the firebox shall have an installed and maintained method of arresting sparks.
The burning of wood or other solid fuel in a device is not allowed within 25 feet of combustible structures unless within an approved permanent fireplace, Conditions which could cause a fire to spread within 25 feet of a structure or to vegetation shall be eliminated prior to ignition. Fires in devices burning wood or solid fuel shall be in accordance with Sections 305, 307, and 308.
Exceptions:
1. Portable fireplaces and fire rings/pits equipped with a device to arrest sparks shall be located at least 3 feet from combustible construction at R-3 occupancies.
2. Portable fireplaces, and fire pits/rings equipped wi th a device to arrest sparks, shall be located at least 15 feet from combustible structures at other R occupancies. 307.6.2.1 Where prohibited. The burning of wood and other solid fuels shall not be conducted within a fuel modification zone, Wildfire Risk Area (WRA), Wildland-Urban Interface Area (WUI), or in locations where conditions could cause the spread of fire to the WRA or WUI.
Exceptions:
1. Permanent fireplaces that are not located in a fuel modification zone
2. Where determined by the Fire Code Official th at the location or design of the device should reasonably prevent the start of a wildfire.
Section 324 Fuel Modification Requirements for New Construction is hereby added as follows:
324 Fuel Modification Requirements for New Construction. All new structures and facilities adjoining land containing hazardous combustible vegetation shall be approved and in accordance with the requirements of OCFA Guideline C-05 "Vegetation Management Guideline - Technical Design for New Construction Fuel Modification Plans and Maintenance Program." Section 324.1, “Fuel modification requirements fo r new construction”, is hereby added as follows:
324.1 Fuel modification requirements for new construction. All new structures and facilities adjoining land containing hazardous combustible vegetation shall be approved and in accordance with the requirements of OCFA Guideline C-05 “Vegetation Management Guideline – Technical Design for New Construction Fuel Modification Plans and Maintenance Program.”
Section 325.1 'Clearance of Brush or Vegetation Growth from Roadways' is hereby added as follows:
325.1 Clearance of Brush or Vegetation Growth from Roadways. The Fire Code Official is authorized to cause areas within 10 feet (3048 mm) on each side of portions of highways and private streets which are improved, designed or ordinarily used for vehicular traffic, to be cleared of flammable vegetation and other combustible growth. Measurement shall be from the flow-line or the end of the improved edge of the roadway surfaces.
Exception: Single specimens of trees, ornamental shrubbery or cultivated ground cover such as green grass, ivy, succulents or similar plants used as ground covers, provided that they do not form a means of readily transmitting fire.
Section 326.1 'Unusual Circumstances' is hereby added as follows:
326.1 Unusual Circumstances. The Fire Code Official may suspend enforcement of the vegetation management requirements and require reasonable alternative measures designed to advance the purpose of this Code if determined that in any specific case that any of the following conditions exist:
1. Difficult terrain.
2. Danger of erosion.
3. Presence of plants included in any state and fede ral resources agencies, California Native Plant Society and county-approved list of wildlife, plants, rare, endangered and/or threatened species.
4. Stands or groves of trees or heritage trees.
5. Other unusual circumstances that make strict co mpliance with the clearance of vegetation provisions undesirable or impractical.
Section 327.1 'Use of Equipment' is hereby added as follows:
327.1 Use of Equipment. Except as otherwise provided in this section, no person shall use, operate, or cause to be operated in, upon or adjoining any hazardous fire area any internal combustion engine which uses hydrocarbon fuels, unless the engine is equipped with a spark arrester as defined in Section 202 maintained in effective working order, or the engine is constructed, equipped, and maintained for the prevention of fire.
Exceptions:
1. Engines used to provide motor power for truc ks, truck tractors, buses, and passenger vehicles, except motorcycles, are not subject to this section if the exhaust system is equipped with a muffler as defined in the Vehicle Code of the State of California.
2. Turbocharged engines are not subject to this section if all exhausted gases pass through the rotating turbine wheel, there is no exhaust bypass to the atmosphere, and the turbocharger is in good mechanical condition
Section 327.2 Use of equipment and devices generating heat, sparks or open flames is hereby added as follows:
327.2 Use of equipment and devices generating heat, sparks or open flames. During any time of the year within Wildfire Risk Areas, within or immediately adjacent to any forest- or brush-covered land or non-irrigated grass-covered land, no person shall use or operate any welding equipment, cutting torches, tar pots, grinding devices, or other tools or equipment that may produce a spark, fire, or flame that could result in a wildfire without doing the following:
1. First clearing away all flamma ble material, including snags, from the area around such operation for a distance of 30 feet or other approved method to reduce fire spread into the wildlands. If 30- foot clearing cannot be achieved, then an alternate method shall be approved by the authority having jurisdiction prior to work starting.
2. Maintain one serviceable round point shovel with an overall length of not less than 46 inches and one backpack pump water-type fire extinguisher fully equipped and ready for use at the immediate area during the operation.
3. Stop work when winds are 8 MPH or greater during periods when relative humidity is less than 25%, or a red flag condition has been declared or public announcement is made, when an official sign was caused to be posted by the Fire Code Official, or when such fires present a hazard as determined by the Fire Code Official.
4. Keep a cell phone nearby and call 911 immediately in case of fire.
Section 327.3 'Spark arresters' is hereby added as follows:
327.3 Spark arresters. Spark arresters shall comply with Section 202, and when affixed to the exhaust system of engines or vehicles subject to Section 327 shall not be placed or mounted in such a manner as to allow flames or heat from the exhaust system to ignite any flammable material. (Ord. 2025-238, § 2, passed 12-02-25)
§ 11-3-5 Chapter 4, Emergency Planning and Preparedness, amended.
Chapter 4 of the California Fire Code, Emergency Planning and Preparedness, is adopted in only those sections and subsections adopted by the SFM with the following amendment:
Section 407.5 'Hazardous Materials Inventory Statement' is hereby revised as follows:
407.5 Hazardous Materials Inventory Statement. Where required by the Fire Code Official, each application for a permit shall follow OCFA’s Guideline G-04 “Completion of the Chemical Classification” in accordance with Section 5001.5.2.
(Ord. 2025-238, § 2, passed 12-02-25)
§ 11-3-6 Chapter 5, Fire Service Features, amended.
Chapter 5 of the California Fire Code, Fire Service Features, is adopted in its entirety as amended by the SFM with the following amendments:
Section 501.1 'Scope' is hereby revised as follows:
501.1 Scope. Fire service features for buildings, structures and premises shall comply with this chapter and, where required by the Fire Code Official, with OCFA Guideline B-01, “Fire Master Plan for Commercial & Residential Development.”
Section 510.1 'Emergency responder radio coverage in new buildings' is hereby deleted and replaced as follows:
510.1 Emergency responder radio coverage in new buildings. All new buildings shall have approved radio coverage for emergency responders within the building based upon the existing coverage levels of the public safety communication systems of the jurisdiction at the exterior of the building. This section shall not require improvement of the existing public safety communication systems. The Emergency Responder Radio Coverage System shall comply with the Orange County Sheriff’s Department, Communications and Technology Division guidelines and specifications and, where the functionality or performance requirements in the California Fire Code are more stringent, this Code.
Exceptions:
1. In buildings or structures where it is determined by the Fire Code Official that the radio coverage system is not needed, including but not limited to the following:
a. Existing buildings or structures, unless re quired by the Building Official and OCFA for buildings and structures undergoing extensive remodel and/or expansion. b. Elevators.
c. Structures that meet all of the following:
i. Three stories or less, and
ii. Do not have subterranean storage or parking, and
iii. Do not exceed 50, 000 square feet on any single story. d. Structures that meet all of the following:
i. Residential structures fo ur stories or less, and
ii. Constructed of wood, and
iii. Do not have subterranean storage or parking, and
iv. Are not built integral to an above ground multi-story parking structure.
Should a structure that is three stories or less and 50,000 square feet or smaller on any single story include subterranean storage or parking, then this ordinance shall apply only to the subterranean areas.
2. In facilities where emergency responder ra dio coverage is required and such systems, components or equipment required could have a negative impact on the normal operations of the facility, the Fire Code Official shall have the authority to accept an automatically activated emergency radio coverage system.
(Ord. 2025-238, § 2, passed 12-02-25)
§ 11-3-7 Chapter 6, Building Service and Systems.
Chapter 6 of the California Fire Code, “Building Services and Systems”, is adopted in its entirety as amended by the SFM.
(Ord. 2025-238, § 2, passed 12-02-25)
§ 11-3-8 Chapter 7, Fire and Smoke Protection Features.
Chapter 7 of the California Fire Code, “Fire and Smoke Protection Features”, is adopted in its entirety as amended by the SFM.
(Ord. 2025-238, § 2, passed 12-02-25)
§ 11-3-9 Chapter 8, Interior Finish, Decorative Materials and Furnishings.
Chapter 8 of the California Fire Code, “Interior Finish, Decorative Materials and Furnishings”, is adopted in its entirety as amended by the SFM.
(Ord. 2025-238, § 2, passed 12-02-25)
§ 11-3-10 Chapter 9, Fire Protection and Life Safety Systems, amended.
Chapter 9 of the California Fire Code, Fire Protection Systems is adopted in its entirety as amended by the SFM with the following amendments:
Section 903.2 'Where Required' is hereby revised as follows:
903.2 Where Required. Approved automatic fire sprinkler systems in buildings and structures shall be provided when one of the following conditions exists:
1. New Buildings: Notwithstanding any applicable provisions of Sections 903.2.1 through 903.2.21, an automatic fire sprinkler system shall also be installed in all occupancies when the total building area, as defined in Section 202, exceeds 5,000 square-feet (465 square-meters) as defined in Section 202, regardless of fire areas or allowable area, or is more than two stories in height.
Exception: Subject to approval by the Fire Code Official, open parking garages in accordance with Section 406.5 of the California Building Code, being California Code of Regulations, Title 24, Part 2, that are smaller than the area specified in section 903.2.10 (3) or 903.2.10.1 of the California Fire Code.
2. Existing Buildings: Notwithstandi ng any applicable provisions of this code, an automatic fire sprinkler system shall be provided in an existing building when an addition occurs and one of the following conditions exists:
a. When an addition is 33% or more of the existing building area, and the resulting building area exceeds 5,000 square feet;
b. When an addition exceeds 2,000 square feet and the resulting building area exceeds 5,000 square feet;
c. An additional story is added above the seco nd floor regardless of fire areas or allowable area.
Exception: Additions to Group R-3 occupancies. Group R-3 occupancies shall comply with Section 903.2.8 (2).
Section 903.2.8 'Group R' is hereby revised as follows:
903.2.8 Group R. An automatic sprinkler system installed in accordance with Section 903.3 shall be provided throughout all buildings with a Group R fire area as follows:
1. New Buildings: An automatic fire sprinkler system shall be installed throughout all new buildings.
2. Existing Buildings: An automatic fire sprinkler sy stem shall be installed throughout when one of the following conditions exists:
a. When the floor area of alterations within any two-year period exceeds 50% of gross floor area of the existing structure and the building gross floor area exceeds 5,500 square feet; or:
b. When an existing Group R Occupancy is being substantially renovated, and where the scope of the renovation is such that the Building Code Official determines that the complexity of installing a fire sprinkler system would be similar as in a new building.
Section 903.3.5.3 'Hydraulically calculated systems' is hereby added as follows:
903.3.5.3 Hydraulically calculated systems. The design of hydraulically calculated sprinkler systems shall not exceed 90% of the water supply capacity.
Exception: When static pressure exceeds 100 psi, and when required by the Fire Code Official, the sprinkler system shall not exceed the water supply capacity specified by Table 903.3.5.3.
(Ord. 2025-238, § 2, passed 12-02-25)
§ 11-3-11 Chapter 10, Means of Egress.
Chapter 10 of the California Fire Code, “MEANS OF EGRESS”, is hereby adopted in its entirety as amended by the SFM.
(Ord. 2025-238, § 2, passed 12-02-25)
§ 11-3-12 Chapter 11, Construction Requirements for Existing Buildings.
Chapter 11 of the California Fire Code, “CONSTRUCTION REQUIREMENTS FOR EXISTING BUILDINGS”, is hereby adopted in only those sections and subsections adopted by the SFM. (Ord. 2025-238, § 2, passed 12-02-25)
§ 11-3-13 Chapter 12, Energy Systems.
Chapter 12 of the California Fire Code, “ENERGY SYSTEMS”, is hereby adopted in its entirety as amended by the SFM.
(Ord. 2025-238, § 2, passed 12-02-25)
Design%
TABLE 903.3.5.3
Hydraulically Calculated Systems
§ 11-3-14 Chapter 20, Aviation Facilities.
Chapter 20 of the California Fire Code, “AVIATION FACILITIES”, is hereby adopted in its entirety. (Ord. 2025-238, § 2, passed 12-02-25)
§ 11-3-15 Chapter 21, Dry Cleaning.
Chapter 21 of the California Fire Code, “DRY CLEANING”, is hereby adopted in its entirety as amended by the SFM. (Ord. 2025-238, § 2, passed 12-02-25)
§ 11-3-16 Chapter 22, Combustible Dust-Producing Operations.
Chapter 22 of the California Fire Code, “COMBUSTIBLE DUST-PRODUCING OPERATIONS”, is hereby adopted in its entirety.
(Ord. 2025-238, § 2, passed 12-02-25)
§ 11-3-17 Chapter 23, Motor Fuel-Dispensing Facilities and Repair Garages.
Chapter 23 of the California Fire Code, “MOTOR FUEL-DISPENSING FACILITIES AND REPAIR GARAGES”, is here by adopted in its entirety as amended by the SFM.
(Ord. 2025-238, § 2, passed 12-02-25)
§ 11-3-18 Chapter 24, Flammable Finishes.
Chapter 24 of the California Fire Code, “FLAMMABLE FINISHES”, is hereby adopted in its entirety as amended by the SFM.
(Ord. 2025-238, § 2, passed 12-02-25)
§ 11-3-19 Chapter 25, Fruit and Crop Ripening, and Chapter 26, Fumigation and Insecticidal Fogging.
Chapter 25 of the California Fire Code, “FRUIT AND CROP RIPENING”, and Chapter 26 of the California Fire Code, “FUMIGATION AND INSECTICIDAL FOGGING”, are not adopted. (Ord. 2025-238, § 2, passed 12-02-25)
§ 11-3-20 Chapter 27, Semiconductor Fabrication Facilities.
Chapter 27 of the California Fire Code, “SEMICONDUCTOR FABRICATION FACILITIES”, is hereby adopted in its entirety.
(Ord. 2025-238, § 2, passed 12-02-25)
§ 11-3-21 Chapter 28 Lumber Yards and Agro-Industrial, Solid Biomass and Woodworking Facilities, amended.
Chapter 28 of the California Fire Code, Lumber Yards and Agro-Industrial, Solid Biomass and Woodworking Facilities is hereby adopted in its entirety with the following amendments:
Section 2801.2 'Permit' is hereby revised as follows:
2801.2 Permit. Permits shall be required as set forth in Section 105.5 and 105.5.31.
Section 2808.2 'Storage site' is hereby revised as follows:
2808.2 Storage site. Storage sites shall be level and on solid ground, elevated soil lifts or other all- weather surface. Sites shall be thoroughly cleaned and approval obtained from the Fire Code Official before transferring products to the site.
Section 2808.3 'Size of piles' is hereby revised as follows:
2808.3 Size of piles. Piles shall not exceed 15 feet in height, 50 feet in width and 100 feet in length.
Exception: The Fire Code Official is authorized to allow the pile size to be increased where a fire protection plan is provided for approval that includes, but is not limited to, the following:
1. Storage yard areas and materials-handling equipment selection, design and arrangement shall be based upon sound fire prevention and protection principles.
2. Factors that lead to spontaneous heating shall be identified in the plan, and control of the various factors shall be identified and implemented, including provisions for monitoring the internal condition of the pile.
3. The plan shall include means for early fire dete ction and reporting to the public fire department; and facilities needed by the fire department for fire extinguishment including a water supply and fire hydrants.
4. Fire apparatus access roads around the piles an d access roads to the top of the piles shall be established, identified, and maintained.
5. Regular yard inspections by trained personnel shall be included as part of an effective fire prevention maintenance program.
Additional fire protection called for in the plan shall be provided and shall be installed in accordance with this Code. The increase of the pile size shall be based upon the capabilities of the installed fire protection system and features.
Section 2808.3.1 “Increase in pile or stac k size”, is hereby deleted in its entirety.
Section 2808.4 'Pile separation' is hereby revised as follows:
2808.4 Pile separation. Piles shall be separated from adjacent piles by a minimum distance of 20 feet.
Additionally, piles shall have a minimum separation of 100 feet from combustible vegetation.
Section 2808.7 'Pile fire protection' is hereby revised as follows:
2808.7 Pile fire protection. Automatic sprinkler protection shall be provided in conveyor tunnels and combustible enclosures that pass under a pile. Combustible conveyor systems and enclosed conveyor systems shall be equipped with an approved automatic sprinkler system. Oscillating sprinklers with a sufficient projectile reach are required to maintain a 40% to 60% moisture content and wet down burning/smoldering areas.
Section 2808.9 'Material-handling equipment' is hereby revised as follows:
2808.9 Material-handling equipment. All material-handling equipment operated by an internal combustion engine shall be provided and maintained with an approved spark arrester. Approved material-handling equipment shall be available for moving wood chips, hogged material, wood fines and raw product during fire-fighting operations.
Section 2808.11 'Temperature control' is hereby added as follows:
2808.11 Temperature control. The temperature shall be monitored and maintained as specified in Sections 2808.11.1 and 2808.11.2.
Section 2808.11.1 'Pile temperature control' is hereby added as follows:
2808.11.1 Pile temperature control. Piles shall be rotated when internal temperature readings are in excess of 165 degrees Fahrenheit.
Section 2808.11.2 'New material temperature control' is hereby added as follows:
2808.11.2 New material temperature control. New loads delivered to the facility shall be inspected and tested at the facility entry prior to taking delivery. Material with temperature exceeding 165 degrees Fahrenheit shall not be accepted on the site. New loads shall comply with the requirements of this chapter and be monitored to verify that the temperature remains stable.
Section 2808.12 'Water availability' is hereby added as follows:
2808.12 Water availability. Facilities with over 2500 cubic feet shall provide a water supply. The minimum fire flow shall be no less than 500 GPM @ 20 psi for a minimum of 1 hour duration for pile heights up to 6 feet and 2-hour duration for pile heights over 6 feet. If there is no water purveyor, an alternate water supply with storage tank(s) shall be provided for fire suppression. The water supply tank(s) shall provide a minimum capacity of 2500 gallons per pile (maximum 30,000 gallons) for piles not exceeding 6 feet in height and 5000 gallons per pile (maximum 60,000) for piles exceeding 6 feet in height. Water tank(s) shall not be used for any other purpose unless the required fire flow is left in reserve within the tank at all times. An approved method shall be provided to maintain the required amount of water within the tank(s).
Section 2808.13 'Tipping area' is hereby added as follows:
2808.13 Tipping areas shall comply with the following:
1. Tipping areas shall not exceed a maximum area of 50 feet by 50 feet.
2. Material within a tipping area shall not exceed 5 feet in height at any time.
3. Tipping areas shall be separated from all piles by a 20-foot-wide fire access lane.
4. A fire hydrant or approved fire water supply outlet sh all be located within 150 feet of all points along the perimeter of the tipping area.
5. All material within a tipping area shall be processed within 5 days of receipt.
Section 2808.14 'Emergency Contact' is hereby added as follows:
2808.14 Emergency Contact. The contact information of a responsible person or persons shall be provided to the Fire Department and shall be posted at the entrance to the facility for responding units. The responsible party should be available to respond to the business in an emergency.
Section 2808.15 'Maximum Grid of Piles and Rows' is hereby added as follows:
2808.15 Maximum Grid of Piles and Rows. Rows of Piles shall not exceed 500 feet by 500 feet. Grids shall be separated by a minimum 50-foot clear space used for no other purpose.
Section 2808.16 'Push-out/Clear Area' is hereby added as follows:
2808.16 Push-out/Clear Area. Piles exceeding 20 cubic yards shall be provided with push-out areas.
Push-out areas shall be maintained clear at all times to allow for the largest pile to be spread out to a depth of 2 feet in height. Push-out areas shall be located within 250 feet of all edges of any pile and shall be located a minimum of 20 feet from any building. (Ord. 2025-238, § 2, passed 12-02-25)
§ 11-3-22 Chapter 29, Manufacture of Organic Coatings.
Chapter 29 of the California Fire Code, “Manufacture of Organic Coatings”, and Chapter 30, “Industrial Ovens”, are adopted in their entirety without amendments.
(Ord. 2025-238, § 2, passed 12-02-25)
§ 11-3-23 Chapter 31, Tents, Temporary Special Event Structure and Other Membrane Structures, Chapter 32, High-Piled Combustible Storage, Chapter 33, Fire Safety During Construction and Demolition, and Chapter 34, Tire Rebuilding and Tire Storage.
Chapter 31 of the California Fire Code, “Tents, Temporary Special Event Structures and Other Membrane Structures”, Chapter 32 of the California Fire Code, “High-Piled Combustible Storage”, Chapter 33 of the California Fire Code, “Fire Safety During Construction and Demolition”, and Chapter 34 of the California Fire Code, “Tire Rebuilding and Tire Storage”, are adopted in their entirety as amended by the SFM. (Ord. 2025-238, § 2, passed 12-02-25)
§ 11-3-24 Chapter 35, Welding and Other How Work, Chapter 36, Marinas, Chapter 37, Combustible Fibers, Chapter 39, Processing and Extraction Facilities, Chapter 40, Storage of Distilled Spirits and Wines, and Chapter 48, Motion Picture and Television Production Studio Sound Stages, Approved Production Facilities and Production Locations.
Chapter 35 of the California Fire Code, “Welding and Other Hot Work”, Chapter 36 of the California Fire Code, “Marinas”, Chapter 37 of the California Fire Code, “Combustible Fibers”, Chapter 39 of the California Fire Code, “Processing and Extraction Facilities”, Chapter 40 of the California Fire Code, “Storage of Distilled Spirits and Wines”, Chapter 48 of the California Fire Code, “Motion Picture and Television Production Studio Sound Stages, Approved Production Facilities and Production Locations”, are hereby adopted in their entirety without amendments.
(Ord. 2025-238, § 2, passed 12-02-25)
§ 11-3-25 Chapter 50, Hazardous Materials—General Provisions, amended.
Chapter 50 of the California Fire Code, Hazardous Materials - General Provisions, is adopted in its entirety as amended by the SFM with the following amendments:
Section 5001.5.2 'Hazardous Materials Inventory Statement (HMIS)' is hereby revised as follows:
5001.5.2 Hazardous Materials Inventory Statement (HMIS). Where required by the Fire Code Official, an application for a permit shall follow Orange County Fire Authority’s Guideline G-04, “Completion of the Chemical Classification,” which shall be completed and approved prior to approval of plans, and/or the storage, use or handling of chemicals on the premises.
Section 5003.1.1.1 'Extremely Hazardous Substances' is hereby added as follows:
5003.1.1.1 Extremely Hazardous Substances. No person shall use or store any amount of extremely hazardous substances (EHS) in excess of the disclosable amounts (see Health and Safety Code Section 25500 et al) in any residential zoned or residentially developed property. (Ord. 2025-238, § 2, passed 12-02-25)
§ 11-3-26 Chapter 51, Aerosols, and Chapter 53, Compressed Gases.
Chapter 51 of the California Fire Code, “Aerosols”, and Chapter 53, “Compressed Gases”, are hereby adopted in their entirety.
(Ord. 2025-238, § 2, passed 12-02-25)
§ 11-3-27 Chapter 54, Corrosive Materials.
Chapter 54 of the California Fire Code, “Corrosive Materials”, is hereby adopted in its entirety as amended by the SFM.
(Ord. 2025-238, § 2, passed 12-02-25)
§ 11-3-28 Chapter 55, Cryogenic Fluids.
Chapter 55 of the California Fire Code, “Cryogenic Fluids”, is hereby adopted in its entirety. (Ord. 2025-238, § 2, passed 12-02-25)
§ 11-3-29 Chapter 56, Explosives and Fireworks, amended.
Chapter 56 of the California Fire Code, Explosives and Fireworks, is adopted in its entirety as amended by the SFM, with the following amendments:
Section 5608.2 'Firing' is hereby added as follows:
5608.2 Firing. All firework displays, regardless of mortar, device, or shell size, shall be electrically fired.
Section 5608.3 'Application for Permit' is hereby added as follows:
5608.3 Application for Permit. A diagram of the grounds on which the display is to be held showing the point at which the fireworks are to be discharged, the fallout area based on 100 feet per inch of shell size, the location of all buildings, roads, and other means of transportation, the lines behind which the audience will be restrained, the location of all nearby trees, telegraph or telephone line, or other overhead obstructions shall be provided to OCFA.
(Ord. 2025-238, § 2, passed 12-02-25)
§ 11-3-30 Chapter 57, Flammable and Combustible Liquids.
Chapter 57 of the California Fire Code, “Flammable and Combustible Liquids”, is hereby adopted in its entirety as amended by the SFM.
(Ord. 2025-238, § 2, passed 12-02-25)
§ 11-3-31 Chapter 58, Flammable Gases and Flammable Cryogenic Fluids.
Chapter 58 of the California Fire Code, “Flammable Gases and Flammable Cryogenic Fluids” is hereby adopted in its entirety as amended by the SFM.
(Ord. 2025-238, § 2, passed 12-02-25)
§ 11-3-32 Chapter 59, Flammable Solids, Chapter 60, Highly Toxic and Toxic Materials, Chapter 61, Liquefied Petroleum Gases, Chapter 62, Organic peroxides, Chapter 63, Oxidizers, Oxidizing Gases, and Oxidizing Cryogenic Fluids, Chapter 64, Pyrophoric Materials, Chapter 65, Pyroxylin (Cellulose Nitrate) Plastics, Chapter 66, Unstable (Reactive) Materials, and Chapter 67, Water-Reactive Solids and Liquids.
Chapter 59 of the California Fire Code, “Flammable Solids”, Chapter 60 of the California Fire Code, “Highly Toxic and Toxic Materials”, Chapter 61 of the California Fire Code, “Liquefied Petroleum Gases”, Chapter 62 of the California Fire Code, “Organic Peroxides”, Chapter 63 of the California Fire Code, “Oxidizers, Oxidizing Gases, and Oxidizing Cryogenic Fluids”, Chapter 64 of the California Fire Code, “Pyrophoric Materials”, Chapter 65 of the California Fire Code, “Pyroxylin (Cellulose Nitrate) Plastics”, Chapter 66 of the California Fire Code, “Unstable (Reactive) Materials”, and Chapter 67 of the California Fire Code, “Water-Reactive Solids and Liquids”, are hereby adopted in their entirety.
(Ord. 2025-238, § 2, passed 12-02-25)
§ 11-3-33 Chapter 80, Referenced Standards, amended.
Chapter 80 of the California Fire Code, Referenced Standards, is hereby adopted in its entirety as amended by the SFM, with the following amendments:
(A) NFPA 13, 2025 Edition, Standard for the Installation of Sprinkler Systems is hereby amended as follows:
(1) Section 9.2.1.7 is hereby revised as follows:
Section 9.2.1.7. Concealed spaces filled with noncombustible insulation shall not require sprinkler protection when approved by the Fire Code Official.
(2) Section 9.4.3.1 is hereby revised as follows:
Section 9.4.3.1. When fire sprinkler systems are installed in shell buildings of undetermined use (spec buildings) other than warehouses (S occupancies), fire sprinklers of the quick-response type shall be used. Use is considered undetermined if a specific tenant/occupant is not identified at the time the fire sprinkler plan is submitted. Sprinklers in light hazard occupancies shall be one of the following:
1. Quick-response type as defined in 3.3.215.4.16.
2. Residential sprinklers in accordance with the requirements of Chapter 12.
3. Quick response CMSA sprinklers.
4. ESFR sprinklers.
5. Standard-response sprinklers used for modificati ons or additions to existing light hazard systems equipped with standard-response sprinklers.
6. Standard-response sprinklers used where indivi dual standard-response sprinklers are replaced in existing light hazard systems.
(3) Section 16.12.3.3 is hereby revised as follows:
Section 16.12.3.3. Fire department connections (“FDC”) shall be of an approved type. The location shall be approved and be no more than 150 feet from a public hydrant. The FDC may be located within 150 feet of a private fire hydrant when approved by the Fire Code Official. The size of piping and the number of 2.5-inch inlets shall be approved by the Fire Code Official. If acceptable to the water authority, it may be installed on the backflow assembly. Fire department inlet connections shall be painted OSHA safety red or as approved. When the fire sprinkler density design requires more than 500
gpm (including inside hose stream demand), or a standpipe system is included, four 2.5-inch inlets shall be provided. (1) Section 16.12.3.3 is hereby amended to read as follows:
16.12.3.3 Fire department connections (FDC) shall be of an approved type. The location shall be approved and be no more than 150 feet from a public hydrant. The FDC may be located within 150 feet of a private fire hydrant when approved by the Fire Code Official. The size of piping and the number of 2.5 inch inlets shall be approved by the Fire Code Official. If acceptable to the water authority, it may be installed on the backflow assembly. Fire department inlet connections shall be painted OSHA safety red or as approved. When the fire sprinkler density design requires more than 500 gpm (including inside hose stream demand), or a standpipe system is included, four 2.5 inch inlets shall be provided.
(B) NFPA 13D 2025 Edition, Standard for the Installation of Sprinkler Systems in One- and Two-Family Dwellings and Manufactured Homes is hereby amended as follows:
(1) Section 7.1.2 is hereby revised as follows:
7.1.2 The sprinkler system piping shall not have separate control valves installed unless supervised by a central station, proprietary, or remote station alarm service. (C) NFPA 24, 2025 Edition, Standard for the Installation of Private Fire Service Mains and Their Appurtenances is hereby amended as follows:
(1) Section 6.2.8.1 is hereby added as follows:
6.2.8.1 All indicating valves controlling fire suppression water supplies shall be painted OSHA red.
Exceptions:
1. Brass or bronze valves on sprinkler risers mounted to the exterior of the building may be left unpainted.
2. Where OS&Y valves on the detector check a ssembly are the only control valves, at least one OS&Y valve shall be painted red.
(2) Section 6.2.9 is hereby revised as follows:
Section 6.2.9. All connections to private fire service mains for fire protection systems shall be arranged in accordance with one of the following so that they can be isolated:
1. A post indicator valve installed not less th an 40 feet (12 meters) from the building. (a) For buildings less than 40 feet (12 meters ) in height, a post indicator valve shall be permitted to be installed closer than 40 feet (12 meters) but at least as far from the building as the height of the wall facing the post indicator valve. (b) Post indicating valves shall be allowed to be closer than 40 feet (12 meters) to the building when a property line or other physical barriers make it impossible to have a post indicating valve 40 feet (12 meters) away.
(c) Post indicating valves shall be allowed to be closer than 40 feet (12 meters) to the building when building driveway or fire access roadways or other building traffic make it impractical to be 40 feet (12 meters).
(d) Indicating control valves installed in a fire-rated room accessible from the exterior. (e) Indicating control va lves in a fire-rated stair enclosure accessible from the exterior as permitted by AHJ.
(f) Any other valve type or location as permitted by AHJ.2. A wall post indicator valve on risers located within the building, either a nonrising stem gate valve with a wall post indicator or a listed butterfly valve with an indicating handle extending out through the building wall.
3. A backflow preventer with at least one indi cating valve not less than 40 feet (12 meters) from the building.
(a) For buildings less than 40 feet (12 meters) in height, a backflow preventer with at least one indicating valve shall be permitted to be installed closer than 40 feet (12 meters) but at least as far from the building as the height of the wall facing the backflow preventer. (b) Backflow preventer valves shall be allowed to be closer than 40 feet (12 meters) to the building when a property line or other physical barriers make it impossible to have a backflow preventer valve 40 feet (12 meters) away.
(c) Backflow preventer valves shall be allowed to be closer than 40 feet (12 meters) to the building when building driveway or fire access roadways or other building traffic make it impractical to be 40 feet (12 meters).
4. Indicating cont rol valves installed in a fire-rated room accessible from the exterior.
5. Indicating control va lves in a fire-rated stair enclosure accessible from the exterior as permitted by the AHJ.
6. Any other valve type or location as permitted by the AHJ. (3) Section 10.1.5 is hereby added as follows:
10.1.5 All ferrous pipe and joints shall be polyethylene encased per AWWA C150, Method A, B, or C. All fittings shall be protected with a loose 8-mil polyethylene tube or sheet. The ends of the tube or sheet shall extend past the joint by a minimum of 12 inches and be sealed with 2 inch wide tape approved for underground use. Galvanizing does not meet the requirements of this section.
Exception: 304 or 316 Stainless Steel pipe and fittings. (4) Section 10.4.1.1 is hereby revised as follows:
10.4.1.1 All bolted joint accessories shall be cleaned and thoroughly coated with asphalt or other corrosion-retarding material after installation.
Exception: Bolted joint accessories made from 304 or 316 stainless steel. (5) Section 10.4.1.1.1 is hereby added as follows:
10.4.1.1.1 All bolts used in pipe-joint assembly shall be 316 stainless steel. (6) Section 10.4.3.2 is hereby added as follows:
10.4.3.2 Where fire service mains enter the building adjacent to the foundation, the pipe may run under a building to a maximum of 24 inches, as measured from the interior face of the exterior wall to the center of the vertical pipe. The pipe under the building or building foundation shall be 304 or 316 stainless steel and shall not contain mechanical joints or it shall comply with
10.4.3.2.1 through 10.4.3.2.4.
(E) Appendices Adopted and Deleted:
(1) Appendix A is not adopted.
(2) Appendix B is adopted in its entirety as amended by the SFM. (3) Appendix BB is adopted in its entirety.
(4) Appendix C is adopted in its entirety as amended by the SFM. (5) Appendix CC is not adopted.
(6) Appendix D is not adopted.
(7) Appendix E is not adopted.
(8) Appendix F is not adopted
(9) Appendix G is not adopted.
(10) Appendix H is adopted in its entirety.
(11) Appendix I is not adopted.
(12) Appendix J is not adopted.
(13) Appendix K is deleted is not adopted.
(14) Appendix L is not adopted.
(15) Appendix M is not adopted.
(16) Appendix N is not adopted.
(17) Appendix O is not adopted.
(Ord. 2025-238, § 2, passed 12-02-25)
§§ 11-3-34—11-3-84 Reserved.
SUBCHAPTER 2. FIRE REGULATIONS
§ 11-3-85 Fire and blasting restrictions.
(A) It shall be unlawful in the city for any person to ignite or light a fire or use fire for clearing land, or to burn brush, stumps, logs, fallen timber, fallows, slash or grass or forest-covered land or any other flammable material, or to blast with dynamite, powder or other explosives or set off fireworks of any kind in any forest, fallows or brush-, grass- or grain-covered land, either on their own land or the property of another, unless such burning or blasting is done under a written permit from a federal or state officer or a fire warden duly authorized to issue such permits within the city. (B) No written permission shall be necessary to burn flammable material in small heaps or piles, where the fire is set on a public road or in dooryard premises, corrals, gardens or plowed fields, at a distance not less than 100 feet from any woodland, timber or brush-covered land or field containing dry grass or other flammable material. There shall be at least one adult person in actual attendance and in charge of such fire at all times during its burning.
(C) Nothing in this section shall prevent the use of fires in permanent homes for domestic purposes. (Ord. 90-11, § 3, passed 3-6-90)
§ 11-3-86 Smoking restrictions.
It shall be unlawful for any person to smoke cigars, cigarettes, pipes or other tobacco products in any form on or in any area designated as a high fire hazard area by the city fire chief.
(Ord. . 90-11, § 3, passed 3-6-90)
§ 11-3-87 Burning flammable vegetation.
It shall be unlawful in the city for any person to set fire or cause or procure fire to be set to any forest, brush or other flammable vegetation growing on lands not their own, without permission of the owner or agent of such lands, or to set, ignite, use or maintain a campfire or other fire on the property of another or upon any public road, street or highway which contains a cover of forest, brush, grass or other flammable vegetation, between April 15 and December 31 of any year, without first obtaining written permission from the owner, or their agent, of such lands. Such written permission must be approved by a forest ranger or duly authorized fire warden before starting such fire, unless such person possesses a written campfire permit duly issued by or under authority of the United States Forestry Service for use in a territory under the jurisdiction of the United States Forestry Service and is fully complying with all rules and regulations of the United States Forestry Service; provided that no written permission shall be necessary to build or maintain campfires within the boundaries of an established campground or site which has been designated for such use by the fire warden or California forest ranger as provided in § 11-3-88. (Ord. 90-11, § 3, passed 3-6-90)
§ 11-3-88 Campfires.
The fire warden or California forest ranger having charge and jurisdiction of fire control in the city is hereby authorized at their discretion to designate campgrounds or sites on private property by written request of the owner, or on public roads with the permission of the owner of adjoining or abutting lands, where campfires may be built and maintained, and the fire warden or ranger shall cause to be displayed proper signs or posters indicating the limits or places where campfires may be built and maintained; provided, however, that any person building or maintaining or using a campfire within the boundaries of such campground or site shall, before leaving such campfire, thoroughly extinguish the fire in such manner as to adequately prevent such fire from burning thereafter, and that while any person is using or maintaining such campfire there shall be at least one adult person in actual attendance and in charge of such fire at all times during its burning. (Ord. 90-11, § 3, passed 3-6-90)
§ 11-3-89 Campsite defined.
For purposes of this subchapter, a campsite or campground is hereby declared to be a place which has been and is cleared from all underbrush, leaves, needles and other inflammable vegetation or other material, other than a building or structure, over a sufficient area to remove any danger of fire spreading from such campground or site.
(Ord. 90-11, § 3, passed 3-6-90)
§§ 11-3-90—11-3-94 Reserved.
§ 11-3-95 Closing of private property to smoking and public use.
The fire warden or California forest ranger having charge and jurisdiction of fire control in the city is hereby authorized, at his discretion, to close any private property or portion thereof to smoking, or to all public use, by written request of the owner of such private property, when such property contains a cover of forest, brush or other highly inflammable vegetation pertaining to range and watershed areas, and such fire warden or ranger closing such property or portion thereof shall cause to be displayed suitable signs or posters not less than three to
the mile along all exterior boundaries and at all roads and trails entering such property so closed to public use or smoking.
(Ord. 90-11, § 3, passed 3-6-90)
§ 11-3-96 Reserved.
§ 11-3-97 Firebreaks required. Defensible Space and Vegetation Management In the city, every person owning, leasing or controlling or operating any apiary, house, cabin, hotel or other building or structure upon or adjoining any mountainous or forest or brush-covered land covered with other inflammable vegetation, and every person owning, leasing or controlling any such land, shall at all times maintain upon his land around or adjacent to such apiary, cabin, house, hotel or other building or structure an effective fire protection or firebreak. Such fire protection or firebreak shall be made by removing all inflammable vegetation or growth that may exist from the ground around the apiary, cabin, house, hotel or other building or structure for a distance of not less than 30 feet, or to the property line of the property upon which such structure is erected, from the exterior walls or surfaces thereof. This section shall not apply to trees, except where dead or where the foliage of the tree is within ten feet of a chimney, nor shall it apply to evergreen vegetation where growing and preserved for decorative effect. Each chimney upon any cabin, house, hotel, apiary, building or structure upon any mountainous or forest or brush-covered land shall be equipped with and the entire outlet thereof shall be covered by an adequate metal spark arrester of a type and design approved by the fire warden. (Ord. 90-11, § 3, passed 3-6-90)
(A) Applicability. This section applies to all improved parcels within areas designated as Fire Hazard Severity Zones pursuant to §11-3-800 (Fire Hazard Severity Zone Map). (B) Adoption by Reference. All private individuals, organizations, partnerships, limited liability companies, or corporations owning, leasing, controlling, operating, or maintaining any building or structure within the City shall comply with the defensible space and vegetation management requirements set forth in:
1. California Public Resources Code § 4291 as applicable; and
2. California Government Code § 51182.
As each may be amended from time to time, which are hereby adopted by reference as if fully set forth herein.
(C) Enforcement. The Fire Official or their designee is authorized to enforce the provisions of this section. (D) Violations. Failure to comply with this section shall constitute a violation of this Code. § 11-3-98 Disposal of combustible material.
It shall be unlawful in the city for any person to place or maintain, or cause or permit to be placed or maintained, upon their own lands or lands of another, any rubbish, paper, shavings, products of petroleum or other combustible material which constitutes a fire menace, except at places designated by a duly authorized fire warden. Such combustible material shall be buried with earth or destroyed by fire by such person as provided in § 11-3-85.
(Ord. 90-11, § 3, passed 3-6-90)
§ 11-3-99 Disposal of fallen timber and plant and tree cuttings.
All fallen timber, slash, brush, grass, litter, limbwood or branches of trees resulting from road building or clearing up of subdivisions, mountain homesites, etc. and the like, within or upon any forest-, brush- or grass- covered lands shall be destroyed by fire as provided under § 11-3-85, or disposed of in some other satisfactory manner, so that it will not constitute a fire menace.
(Ord. 90-11, § 3, passed 3-6-90)
§ 11-3-100 Issuance of permits.
To carry out the purpose of this subchapter, the fire warden and their deputies and federal and state forest officers are hereby made peace officers empowered to issue permits in writing to light fires, to use fires, to blast or use explosives and to inspect and abate any condition that might constitute a fire menace or a menace to the public peace, health or safety. Such fire warden shall include in any permit such safeguarding restrictions and precautions as are reasonably necessary to prevent such fires or blasting from endangering life or property. No permit issued shall exonerate any person from civil or criminal liability in case injury results from such fire to persons or property. Any authorized fire warden or forest officer has the power to refuse, revoke or postpone permits when necessary for the protection of life or property. (Ord. 90-11, § 3, passed 3-6-90)
§§ 11-3-101—11-3-199 Reserved.
SUBCHAPTER 3. FIRE PROTECTION IN STATE RESPONSIBILITY AREAS § 11-3-200 Assumption of responsibility by city.
Pursuant to Public Resources Code § 4129, the city hereby elects to assume responsibility for the prevention and suppression of all fires on all lands in the city, including lands within state responsibility areas, subject to the concurrence of the director of the California department of forestry, but not including lands owned or controlled by the federal government or any agency of the federal government. Such assumption of responsibility is contingent on the annual execution of a contract acceptable to the city, providing for the reimbursement of the city's costs of serving the state responsibility areas, as provided in California Public Resources Code § 4133. (Ord. 90-11, § 3, passed 3-6-90)
§ 11-3-201—11-3-299 Reserved.
SUBCHAPTER 4. RESERVED
§§ 11-3-300—11-3-499 Reserved.
SUBCHAPTER 5. FORMATION AND CONTINUED EXISTENCE OF FIRE COMPANIES
§ 11-3-500 Determination of need.
The city hereby regulates the formation and continued existence of fire companies pursuant to California Health and Safety Code § 14825 et seq. The city council may authorize the formation or continued existence of fire companies within the city where it determines that a reasonable level of fire services does not already exist and where the provision of supplemental or competing fire services by any other entity would not result in the mismanagement of emergencies or in confusion to those seeking aid. (Ord. 90-11, § 3, passed 3-6-90)
§§ 11-3-501—11-3-504 Reserved.
§ 11-3-505 Recordation.
No fire company may be formed or continue to exist by renewal pursuant to California Health and Safety Code § 14827, nor may the respective certificate be recorded pursuant to California Health and Safety Code § 14825 et seq. until the determination required by this subchapter is made. (Ord. 90-11, § 3, passed 3-6-90)
§§ 11-3-506—11-3-509 Reserved.
§ 11-3-510 Administration of subchapter; recommendations to city council.
The director of fire services is charged with administration of this subchapter as well as the authority to make recommendations to the city council as to any determination requested to be made under this subchapter. (Ord. 90-11, § 3, passed 3-6-90)
§§ 11-3-511—11-3-599. Reserved.
SUBCHAPTER 6. ALARM SYSTEMS AND BUSINESSES AND FALSE ALARMS § 11-3-600 Definitions.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Alarm. The giving, signaling or transmission to the fire department or its stations or companies, or to any officer or employee thereof, whether by telephone, spoken word or otherwise, of an indication or information to the effect that there is a fire or other emergency at or near the place indicated by the person, device or system giving, signalizing or transmitting such information.
Alarm business. The work, occupation or profession of any person who performs, authorizes, directs or causes the selling, leasing, maintaining, servicing, inspecting, repairing, altering, replacement, moving or installing of any alarm system, including any business that monitors alarms.
Alarm subscriber. Any person who purchases, leases, contracts for or otherwise obtains an alarm system or the servicing or maintenance of an alarm system.
Alarm system. Any manual, mechanical or electrically operated circuits, instruments or devices which, when activated, emit a sound or transmit an alarm, a message or a trouble signal for the protection of life and property from heat, smoke, fire, hazardous materials or medical emergency; provided, however, that this definition shall not include domestic smoke, fire or burglar alarm devices whose primary purpose is to awaken or alert persons on the premises and which emit a light or sound only within the protected premises.
Automatic communication device. Any electrical, electronic or mechanical device capable of being programmed to send a prerecorded message, when activated, over a telephone line or dedicated circuit to a central station.
Central station. An office to which remote and supervisory signaling circuits are connected, where personnel are in attendance at all times to supervise the circuits and investigate signals.
Direct alarm systems. Alarm systems electrically or otherwise connected directly to the emergency response agency from the protected premises.
False alarm. Alarm necessitating response by the fire department where an emergency situation does not exist. This shall include mechanical failure, accidental tripping, misoperation, malfunction, misuse or neglect of an alarm system.
Fire department. The county fire department. The term "fire department" includes and also means the emergency response agency.
Person. Any individual, occupant, business owner, partnership, corporation or other entity. (Ord. 91-39, § 2, passed 7-16-91; Ord. 91-40, § 2, passed 8-6-91)
§ 11-3-601 Alarm system standards.
All alarm systems shall meet or exceed the standards established by the fire department, including National Fire Protection Association Codes 72A and 72C, and such other regulations as may be adopted by the county board of supervisors. All alarm systems, equipment, installations and repairs and all fire and other emergency drills shall comply with rules and regulations promulgated by the emergency response agency or the fire department regulating the times and conditions under which such installations, repairs, tests or drills may be made. All audible alarm systems shall, after activation, limit the generation of the audible sound to a maximum of 15 minutes when the system is protecting residential premises, and 30 minutes when an alarm is protecting any other premises. This limitation shall be incorporated into the equipment at the protected premises. The systems may include an automatic resetting device causing the alarm system to re-arm upon automatic shutoff. The director or designee of the fire department may exempt any alarm system or kind or type of alarm system from any or all of the requirements of this subchapter if in their opinion such system does not create a substantial danger of generating false alarms necessitating a response by an emergency response agency or the fire department. (Ord. 91-39, § 2, passed 7-16-91; Ord. 91-40, § 2, passed 8-6-91) § 11-3-602 Central station permit.
All central stations, or any business which receives signals that an emergency exists at a protected premises and transmits that information to the emergency response agency or the fire department, shall be required to have a permit from the fire department, which shall be renewed annually. (Ord. 91-39, § 2, passed 7-16-91; Ord. 91-40, § 2, passed 8-6-91)
§ 11-3-603 Automatic communication devices.
(A) No alarm system automatic communication device shall be programmed to the 911 emergency line. (B) Direct alarm systems shall not be connected to an em ergency response agency or the fire department except with permission of the emergency response agency or the fire department. (C) No person shall lease, maintain, install or use any alarm system which automatically direct dials the telephone number of the fire department.
(Ord. 91-39, § 2, passed 7-16-91; Ord. 91-40, § 2, passed 8-6-91) § 11-3-604 Responsibilities of alarm businesses and alarm subscribers or users. (A) Each alarm business shall provide accurate and complete instructions to the alarm system user in the proper use and operation of the system which is provided to the user by that business or which is monitored by that business. Specific instructions shall be included on the avoidance of false alarms. (B) The alarm subscriber or user shall maintain the alar m system and equipment in proper working order at all times.
(C) When an alarm system has been activated for an alar m subscriber, the alarm business or central station shall arrange for a representative to have the ability to be present at the location of the alarm within one hour after being requested by the fire department. The user of an alarm system which is not connected to an alarm business or central station shall designate a person to be available to respond to the protected property within one hour after being requested by the fire department. (Ord. 91-39, § 2, passed 7-16-91; Ord. 91-40, § 2, passed 8-6-91) § 11-3-605 Alarm businesses, central station and false alarm service charges.
In addition to such other fines or penalties established by law, a false alarm service fee is hereby imposed upon the residential occupants and commercial owner and operator of the premises wherein a false alarm was made and any central station owners and operators who initiated the fire department's response to such premises. The board of supervisors of the county is hereby authorized to provide by resolution the amount of each fee which shall be charged to those city residents who incur false alarm charges or penalties, and other miscellaneous charges relating to alarm systems and businesses for services provided by the fire department. Such fees are hereby imposed effective August 1, 1991, as may be amended by the county from time to time. The county is hereby authorized to administer and take collection and enforcement action as may be necessary on such fees, charges and penalties.
(Ord. 91-39, § 2, passed 7-16-91; Ord. 91-40, § 2, passed 8-6-91) § 11-3-606 Intentional false alarms.
No person shall intentionally initiate a false alarm except for purposes of testing an alarm system, and then only if made in accordance with the rules and regulations of the fire department therefor and after having given the emergency response agency for the fire department prior notice thereof. Any person who violates this section shall be guilty of a misdemeanor and shall also be subject to such other penalties as prescribed by law. (Ord. 91-39, § 2, passed 7-16-91; Ord. 91-40, § 2, passed 8-6-91)
§ 11-3-607 Tampering with or damaging alarm systems.
It shall be unlawful for any person to tamper with, render inoperative or maliciously damage any alarm system maintained for the purpose of sounding or transmitting alarms, excepting alarm systems undergoing approved maintenance or repairs.
(Ord. 91-39, § 2, passed 7-16-91; Ord. 91-40, § 2, passed 8-6-91) § 11-3-608 Violation of subchapter; enforcement.
Violations of this subchapter shall be an infraction unless otherwise noted in this subchapter. This subchapter may be enforced by the city and the fire department. (Ord. 91-39, § 2, passed 7-16-91; Ord. 91-40, § 2, passed 8-6-91) SUBCHAPTER 6.51. FALSE ALARMS AND PAYMENT OF COSTS
§ 11-3-700 False alarm fee.
In addition to any other fines or penalties established by law, the Orange County Sheriff's Department shall collect costs from any subscriber of or operator of an alarm system which signals three or more false alarms within a calendar year.
(Ord. 2018-191, § 1, passed 2-20-18)
§ 11-3-701 Sheriff's department to collect fee.
No person shall intentionally initiate a false alarm except for purposes of testing an alarm system and then only after having given the sheriff's department prior written notice thereof. Any person who violates this section shall be guilty of a misdemeanor and also shall be required to pay to the City costs in addition to any fines or penalties established by law. The sheriff's department is authorized to collect such costs on behalf of the City. (Ord. 2018-191, § 1, passed 2-20-18)
§ 11-3-702 Alarm system defined.
For purposes of this subchapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.
alarm system. Any manual, mechanical or electrically operated circuits, instruments, and/or devices, which when activated, emit a sound or transmit alarms, a message, and/or trouble signals which necessitate, solicit, or requests response from the sheriff's department.
(Ord. 2018-191, § 1, passed 2-20-18)
§ 11-3-703 Costs defined.
For the purposes of this subchapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.
costs. The costs incurred by the sheriff's department in responding to the false alarms, which shall be established by the city council by adoption of a resolution. (Ord. 2018-191, § 1, passed 2-20-18)
SUBCHAPTER 7. FIRE HAZARD SEVERITY ZONE
§ 11-3-800 Fire hazard severity zone map.
The city hereby designates the fire hazard severity zones as recommended by the California Department of Forestry and Fire Protection, Pursuant to California Government Code § 51178, and as identified in Figure 11.1 below.
(Ord. No. 2025-235, § 4, 6-3-25)
Chapter 4 DISORDERLY CONDUCT, PLACES AND PUBLICATIONS
Subchapter 1. Intoxication, §§ 11-4-1—11-4-12
Subchapter 2. Picketing; Obstructing Passage; Indecent Language and Gestures, §§ 11-4-13—11-4-20
Subchapter 3. Prohibition on Consumption of Alcoholic Beverages in Public, §§ 11-4-21—11-4-25
Subchapter 4. Prohibition on Urin ation and Human Waste in Public, § 11-4-26
SUBCHAPTER 1. INTOXICATION
§ 11-4-1 Intoxication in public place.
It shall be unlawful for any person to appear at any public place or at any place open to public view or on any street, alley, highway, court, park, railway depot, plaza or public square in a state of drunkenness or intoxication within the city.
(Ord. 90-11, § 3, passed 3-6-90)
Sec. 11-4-2. Intoxication on private premises.
It shall be unlawful for any person to be on any private premises or in any private house in a state of drunkenness or intoxication to the annoyance of other persons. (Ord. No. 90-11, § 3, 3-6-90)
§§ 11-4-32—11-4-12 Reserved.
SUBCHAPTER 2. PICKETING; OBSTRUCTING PASSAGE; INDECENT LANGUAGE AND
GESTURESRESERVED
Sec. 11-4-13. Interference with employment by means of parade or procession.
It shall be unlawful for any person to form or to aid in forming or to ride in any parade or procession of two or more motor vehicles or other vehicles or means of transportation formed or moving along any street or highway for the purpose of inducing any person, by means of compulsion, coercion, intimidation or fear, from entering into or carrying on his employment, upon or about any farm, ranch, packing shed or other place of employment.
(Ord. No. 90-11, § 3, 3-6-90)
Sec. 11-4-14. Obstructing sidewalk or highway.
It is unlawful for any person to loiter, stand or sit in or upon any public street, highway, alley, sidewalk or crosswalk so as to in any manner hinder or obstruct the free passage therein or thereon of persons or vehicles passing or attempting to pass along the street, highway, alley, sidewalk or crosswalk, or so as to in any manner annoy or molest persons passing along the street, highway, alley, sidewalk or crosswalk. (Ord. No. 90-11, § 3, 3-6-90)
Sec. 11-4-15. Picketing.
It is unlawful for any person to beset or picket the premises of another, or any approach thereto, where any person is employed or seeks employment, or any place or approach thereto where such employee or person seeking employment lodges or resides, for the purpose of inducing such employee or person seeking employment, by means of compulsion, coercion, intimidation, threats, acts of violence or fear, to quit his employment or to refrain from seeking or freely entering into employment. (Ord. No. 90-11, § 3, 3-6-90)
Sec. 11-4-16. Obscene or threatening language and gestures.
It is unlawful for any person to utter to or within the hearing of another any derogatory, indecent or opprobrious epithets or language, or to use any gesture or to make demonstrations of any kind, for the purpose of inducing any person, by means of compulsion, coercion, intimidation, threats, acts of violence or fear, to quit his employment, or to refrain from seeking or freely entering into employment, or to refrain from patronizing, negotiating with or transacting business with any other person. (Ord. No. 90-11, § 3, 3-6-90)
Sec. 11-4-17. Obstructing entrance to place of public assemblage.
It shall be unlawful for any person to loiter or to stand or sit in or at the entrance of any church, hall, theater or place of public assemblage so as in any manner to obstruct such entrance. (Ord. No. 90-11, § 3, 3-6-90)
SUBCHAPTER 3. PROHIBITION ON CONSUMPTION OF ALCOHOLIC BEVERAGES IN PUBLIC
§ 11-4-21 Prohibition on consumption of alcoholic beverages in public. (A) No person shall drink any alcoho lic beverage, intoxicating liquor or any fermented malt beverage, unless specifically permitted by the prior written approval of the city, at any of the following places. (1) On any street, roadway, boulevard, alley, public parking lot or area, sidewalk, public right-of-way, public park or public property in the city;
(2) Under any bridge, or on any vacant, unimproved, or undeveloped land in the city; (3) In the public parking lot or ar ea, loading, and access areas of any commercial area or shopping center in the city;
(4) On any grounds owned by or under the control of a public school district within the city, or within a distance of 300 feet from any exterior boundary of such grounds, except on private residential property or within a properly licensed commercial establishment; and (5) Within any public park, public pl ace, regional park, recreation facility, or recreational area or facility owned and/or operated by the city, County, or any other public agency. This division (A)(5) shall not apply where the possession is within premises located in a park or other public place for which a license has been issued pursuant to Business and California Professions Code § 23000 et seq. (B) A public parking lot or area sha ll include any municipal parking lot, any publicly owned parking lot, or any private parking lot that is open to the general public. (C) Any person violating or failing to comply with this se ction shall be guilty of a misdemeanor and be subject to punishment as set forth in this Code.
(Ord. 2009-153, § 1, passed 4-7-09)
§§ 11-4-22—11-4-25 Reserved.
SUBCHAPTER 4. PROHIBITION ON URINATION AND HUMAN WASTE IN PUBLIC § 11-4-26 Prohibition on urination and human waste in public. (A) It is unlawful for any person to urinate or defecate on private property in any area exposed to the public view, or on any public street, sidewalk, alley, park, or other public place, except in a public or private restroom.
(B) Any person violating or failing to comply with this section is guilty of a misdemeanor and be subject to punishment as set forth in this Code.
(Ord. 2009-153, § 2, passed 4-7-09)
Chapter 5 GAMBLING
Subchapter 1. Cards, Dice and Similar Games, §§ 11-5-1—11-5-14 Subchapter 2. Games of Chance, §§ 11-5-15—11-5-17
SUBCHAPTER 1. CARDS, DICE AND SIMILAR GAMES
§ 11-5-1 Prohibited games.
(A) Every person who, for profit or for anything of value or for commercial purposes of any nature, keeps, operates, conducts or maintains, either directly or indirectly, in the city, any house, room, apartment, dwelling place or other place where any game, gambling or gaming not mentioned or included in California Penal Code § 330 or 330a is played, conducted, dealt or carried on, whether with cards, dice or any other device of whatsoever nature, for money, checks, credit, merchandise or other representative of value, shall be guilty of a misdemeanor.
(B) Every person, either as owner, le ssor, lessee, principal, agent, employee or participant or otherwise, who maintains or keeps or operates or conducts, directly or indirectly, in whole or in part, or who directly or indirectly is in possession, in whole or in part, of any house, room, apartment, dwelling place or other place upon or in which any gambling, games or gaming prohibited in this section is played, conducted, dealt or carried on, and who imposes or collects a fee or anything of value for the privilege of participating in any way whatsoever in any such games, gambling or gaming, or who directly or indirectly gains or receives anything of value or any financial profit from playing, conducting or dealing of any such games, gambling or gaming, shall, for the purposes of this subchapter, be deemed to be keeping, conducting, operating and maintaining the games, gambling or gaming for profit or commercial purposes. (Ord. 90-11, § 3, passed 3-6-90)
§ 11-5-2 Permitting illegal games.
Every person who knowingly permits any of the games, gambling or gaming which by § 11-5-1 is made unlawful to be played, maintained, operated, conducted or dealt, in any house, room, apartment, dwelling place or other place owned or rented by such person in whole or in part, is guilty of a misdemeanor. (Ord. 90-11, § 3, passed 3-6-90)
§ 11-5-3 Participation in illegal games.
Every person who visits, frequents, participates in or knowingly permits any games, gambling or gaming which by § 11-5-1 is made unlawful to be played, operated, maintained, conducted or dealt, in any house, room, apartment, dwelling place or other place, shall be guilty of a misdemeanor. (Ord. 90-11, § 3, passed 3-6-90)
§ 11-5-4 Betting on illegal games.
Every person who shall place or bet at or against any of the games, gambling or gaming which by § 11-5-1 is made unlawful shall be guilty of a misdemeanor.
(Ord. 90-11, § 3, passed 3-6-90)
§§ 11-5-5—11-5-14 Reserved.
SUBCHAPTER 2. GAMES OF CHANCE
§ 11-5-15 Prohibited games.
(A) It shall be unlawful in the city for any person, either as owner, lessee, manager, employee, agent or servant, to conduct, manage, carry on, maintain, operate, open, deal or deal in, or to cause or permit to be conducted, managed, carried on, maintained, operated, opened, dealt or dealt in, any game, operation or transaction wherein any prize, gift, rebate, compensation, reward, award, payment or gratuity consisting of any money, check, token, credit, goods, wares, merchandise, property or thing of value is or is to be given, awarded or delivered, either directly or indirectly, and wherein chance is a determining factor or is any determining factor of the result of such game, operation or transaction, which game, operation or transaction is conducted, carried on, maintained, operated or played by the throwing, tossing, dropping, depositing or placing of any ball, marker, object, thing or substance into any perforation, hole or indentation, in or upon any surface, receptacle, container, object or thing having marked, designated or identified thereon by or with any figure, number, character, symbol, letter, design or mark of any kind, or by the selecting, designating, turning, indicating, choosing or projecting of any such figure, number, character, symbol, letter, design or mark by means of any device, apparatus or equipment, or by any means or in any manner or by the drawing, selecting, choosing or removing from any receptacle or container of any ball, disk, object, substance or material marked, designated or identified by or with any figure, number, character, symbol, letter, design or mark, with any such figure, number, character, symbol, letter, design or mark referred to in this section corresponding to, duplicating, referring to or relating to, in whole or in part, directly or indirectly, any figure, number, character, symbol, letter, design or mark upon any card, paper, board, fabric, surface, object, substance or thing held, used, operated or maintained by any player or participant therein or by any person where, by any predetermined or prearranged rule, or by any rule, method, scheme, design or procedure, any person is found, declared or determined to be, or is or is to be, the winner, donee, recipient or taker of such prize, gift, rebate, compensation, reward, award, payment or gratuity, if any such player or participant pays, deposits, expends, gives or pledges, either directly or indirectly, or agrees, promises or intends to pay, deposit, expend, give or pledge, either directly or indirectly, any money, check, credit, property or thing of value, or makes or agrees to make any purchase for the privilege of playing or participating therein or of gaining admission to the place or premises where such game, operation or transaction is or is to be played, conducted, carried on, maintained or operated, or to any other place or premises.
(A)(B) provided, however, that no provision of this article shall be deemed or construed as prohibiting any act made unlawful by the provisions of Penal Code § 320, 320a or 330 or any other code section or general law of the state, it being the intent of the city council to prohibit by this article all games, operations or transactions described in this section not prohibited by the provisions of any general law of this state, including all games, operations or transactions for profit commonly known as keno, tango, movie tango, beano, skill ball, fortune, quintan, fascination or inspiration, and all games, operations or
transactions similar thereto, under whatever name they may be designated. This subchapter shall not apply to any activity that is already prohibited under California Penal Code §§ 320 or 330 or any other provisions of state law. The intent of this subchapter is to regulate gambling-related activities not expressly prohibited by state law.
(Ord. 90-11, § 3, passed 3-6-90)
§ 11-5-16 Participation in illegal games.
It shall be unlawful in the city for any person to participate in, play, play in or engage in, either directly or indirectly, any game, operation or transaction prohibited by the provisions of § 11-5-15. (Ord. 90-11, § 3, passed 3-6-90)
§ 11-5-17 Permitting illegal games.
It shall be unlawful for any person owning, leasing, managing, controlling or having any interest in any property or premises lying within the city to cause or permit the maintenance or operation in or on such property or premises, having knowledge of the existence of, or after reasonable notice of the existence thereof, any game, operation or transaction declared by the provisions of § 11-5-15 to be unlawful. (Ord. 90-11, § 3, passed 3-6-90)
Sec. 11-5-18. Bingo games.
Bingo games are permitted in the city as set forth in and subject to the requirements and conditions of sections 5-1-29 and 11-10-30, and article 18 of title 5, division 3. (Ord. No. 90-11, § 3, 3-6-90)
Chapter 6 MINORS
Subchapter 1. Curfew Regulations, §§ 11-6-1—11-6-7
SUBCHAPTER 1. CURFEW REGULATIONS
§ 11-6-1 Definitions for curfew provisions.
For purposes of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
Curfew. The period from 11:00 p.m. any evening of the week until 6:00 a.m. the following day.
Emergency. An unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, a natural disaster, an automobile accident or any situation requiring immediate action to prevent serious bodily injury or loss of life.
Establishment. Any privately owned place of business operated for a profit to which the public is invited, including, but not limited to, any place of amusement or entertainment.
Guardian.
(1) A person who, under court order, is the guardian of the person of a minor; or (2) A public or private agency with which a minor has been placed by court.
Minor. Any person under 18 years of age, who is not on active duty in the armed forces of the United States nor otherwise emancipated pursuant to the law.
Operator. Any individual, firm, association, partnership or corporation operating, managing, or conducting any establishment.
Parent. A person who is a natural parent, adoptive parent, or step-parent of another person.
Public place. Any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities and shops.
Remain. To:
(1) Linger, stay or be present; or
(2) Fail to leave the premises when requested to do so by a peace officer, the owner, operator, or other person in control of the premises.
Responsible adult. A person at least 18 years of age, authorized by a parent or guardian to have the care and custody of a minor.
Serious bodily injury. Bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.
(Ord. 98-103, § 2, passed 10-6-98)
§ 11-6-2 Curfew restrictions.
(A) It is unlawful for any minor to rema in in any public place or on the premises of any establishment within the city during the curfew hours.
(B) It is unlawful for any parent, guardian or responsible adult of a minor knowingly to permit or by insufficient control to allow, the minor to remain in any public place or on the premises of any establishment within the city during curfew hours.
(C) It is a defense to prosecution under § 11-6-2(A) or (B) that the minor was:
(1) Accompanied by the minor's parent or guardian, or by a responsible adult; (2) On an errand at the direction of the minor's parent or guardian, or by a responsible adult without any detour or stop;
(3) In a motor vehicle involved in interstate travel;
(4) Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop;
(5) Involved in an emergency;
(6) On the sidewalk abutting the minor's residence;
(7) Attending an official school, relig ious, or other recreational activity supervised by adults and sponsored by a public entity, a civic organization, or another similar entity or organization that takes responsibility
for the minor, or going to or returning home from, without any detour or stop, an official school, religious, or other recreational activity supervised by adults and sponsored by a public entity, a civic organization, or another similar entity or organization that takes responsibility for the minor; or (8) Exercising First Amendment rights protec ted by the United States Constitution. (D) Each violation of this section sha ll constitute a separate offense. (Ord. 98-103, § 2, passed 10-6-98)
§ 11-6-3 Enforcement of § 11-6-2 (A).
(A) Every law enforcement officer is hereby authorized and empowered to demand from any person whom they have reasonable cause to believe is a minor who is violating § 11-6-2(A) and does not come within § 11-6- 2(C) that such person give their name and address, and the name of their parent(s), guardian(s) or other responsible adult(s), if any, who has the care and custody of such person, and furnish proof of their age and that they come within the provisions § 11-6-2(C).
(B) If, after demanding the information described in div ision (A) above, the officer still has reasonable cause to believe the person is a minor who is violating § 11-6-2(A) and does not come within § 11-6-2(C), the officer is hereby authorized and empowered to take any or more than one of the following actions:
(1) To issue a warning to such person and their pa rent(s) or guardian(s) about the consequences of violation of § 11-6-2;
(2) To take such person into custody and transport th em to their residence or to another place where they will be supervised by a responsible adult;
(3) To communicate with the parent(s) or guardian(s ) of such person and demand from any of them the information described indivision (A) above;
(4) To communicate with the parent(s) or guardian(s) of such person and demand of any of them that they take the person to the person's residence or to any place where the person will be supervised by a responsible adult;
(5) To issue to such person a notice to appear before the juvenile court, a juvenile court referee or a juvenile traffic hearing officer, as appropriate;
(6) To take such person into temporary custody in a ccordance with the California welfare and institutions code § 625, as limited by the California welfare and institutions code § 207; and (7) To take such other action as are permitted by the laws of the state and are deemed necessary by the officer to safeguard the well-being of such person.
(C) A law enforcement officer shall not take any of th e enforcement actions described in division (B) above, unless the officer reasonably believes that the person with respect to whom the action(s) is taken is violating § 11-6-2(A), and, based upon any responses and other circumstances, has no defense under § 11-6-2(C). (Ord. 98-103, § 2, passed 10-6-98)
§ 11-6-4 Failure of parent or guardian to take minor to safe place during curfew hours.
It is unlawful for any parent or guardian to fail to take a minor to their residence or to a place where they will be supervised by a responsible adult, when so demanded by any law enforcement officer in accordance with § 11- 6-3(B)(4).
(Ord. 98-103, § 2, passed 10-6-98)
Sec. 11-6-5. Supervision of young minors.
It shall be unlawful for a parent or guardian to leave a minor under the age of fourteen (14) years at the minor's residence or at any other place without the supervision of a competent and responsible person between the hours of 11:00 p.m. and 6:00 a.m. of the following day. (Ord. No. 98-103, § 2, 10-6-98)
§ 11-6-6 Reserved.
§ 11-6-7 Penalty.
Any person violating the provisions of §§ 11-6-2 and 11-6-4 shall be guilty of a misdemeanor. Minors shall be dealt with in accordance with juvenile court law and procedure. (Ord. 98-103, § 2, passed 10-6-98)
Chapter 7 POLICE REGULATIONS AND PUBLIC PROTECTION
Subchapter 1. General Provisions, §§ 11-7-1—11-7-13
Subchapter 2. Tort Claims, §§ 11-7-14—11-7-26
Subchapter 3. False Reports, §§ 11-7-27—11-7-30
Subchapter 4. Multiple Responses to Loud or Disruptive, Parties, Gathering or Events, §§ 11-7-31—11-7-36
SUBCHAPTER 1. GENERAL PROVISIONS
§§ 11-7-1—11-7-13 Reserved.
SUBCHAPTER 2. TORT CLAIMS
§ 11-7-14 Person defined.
The term "person," as used in this subchapter, shall include any corporation, association, society, club, copartnership or individual.
(Ord. 90-11, § 3, passed 3-6-90)
Sec. 11-7-15. Soliciting tort claim.
It shall be unlawful for any person to solicit employment for himself or any other person, either directly or through some other person acting on his behalf, to prosecute, collect, settle or compromise or to negotiate for the settlement, compromise or collection of any tort claim, on behalf of any tort claimant, in which he himself has no pecuniary interest arising from such tort.
(Ord. No. 90-11, § 3, 3-6-90)
§ 11-7-16 Negotiations between joint tort claimants.
The provisions of this subchapter shall not be construed to prevent joint tort claimants from negotiating with each other for the purpose of combining respective claims or actions against the tort feasor. (Ord. 90-11, § 3, passed 3-6-90)
§§ 11-7-17—11-7-26 Reserved.
SUBCHAPTER 3. FALSE REPORTS
§ 11-7-27 False reports to police or district attorney or statements. (A) It shall be unlawful for any person to willfully make to the chief of police or any police officer or to the district attorney or any of their deputies any false, misleading or unfounded report for the purpose of inducing or causing to be issued a complaint or indictment against any person. (A)(B) Whoever, in any manner, within the jurisdiction of any office or department or agency of the city, knowingly falsifies, conceals, withholds or suppresses, by any trick, scheme, verbal statement, writing or device, any fact, or makes any false, fictitious or fraudulent statement or representation, or makes or uses or causes to be made or used any false writing or document when they know the writing or document to contain any false, fictitious or fraudulent statement or entry, is guilty of a misdemeanor. (Ord. 90-11, § 3, passed 3-6-90)
Sec. 11-7-28. False reports or statements generally.
Whoever, in any manner, within the jurisdiction of any office or department or agency of the city, knowingly falsifies, conceals, withholds or suppresses, by any trick, scheme, verbal statement, writing or device, any fact, or makes any false, fictitious or fraudulent statement or representation, or makes or uses or causes to be made or used any false writing or document when he knows the writing or document to contain any false, fictitious or fraudulent statement or entry, is guilty of a misdemeanor. (Ord. No. 90-11, § 3, 3-6-90)
§§ 11-7-29, 11-7-30 Reserved.
SUBCHAPTER 4. MULTIPLE RESPONSES TO LOUD OR DISRUPTIVE, PARTIES,
GATHERING OR EVENTS
§ 11-7-31 Definitions.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
Loud, disruptive, raucous or unusual conduct or activity. conduct arising from parties, gatherings or other events, regardless of the nature of the event, that includes, but is not limited to, excessive noise, excessive traffic, obstruction of public streets and/or presence of unruly crowds, public intoxication or other disturbances of the
peace, vandalism, litter, or any other atypical conduct which constitutes a threat to public health, safety or quiet enjoyment of residential property or the general welfare.
Parties, gatherings or events. A group of two or more persons who have assembled or are assembling for a social occasion or social activity, regardless of the nature of the activity, at a residence or on other private property or rented public property. Notwithstanding any other factor, actions and activities protected by the First Amendment of the United States Constitution shall not be subject to this subchapter.
Person responsible for the event or responsible person. Includes, but is not limited to:
(1) the person who owns, rents, leases or otherwise has control of the premises where the loud or disruptive party is gathering, or event occurs;
(2) the person in charge of the premises;
(3) the person who organized the event; and/or
(4) the person who supervised the event.
Police services fees. The actual costs incurred by the city based on, but not limited to, the salaries of police officers while responding to or remaining at the party, gathering or event, limited to the following mandatory sums:
(1) First response and warning - no charge (no police services fee shall be imposed unless the warning specified in this subchapter has first been issued). The responding law enforcement personnel is expected to use professional discretion as to the need to utilize this subchapter, whether alone or together with other grounds for enforcement, regardless of the nature of the offending event; (2) First response after warning has been issued - $250.00.; (3) Second response after warning has been issued - $500.00; (4) Third response and all additional after warning has been issued - $750.00; and (5) The police services fee is cumulative, so that as an example, five responses after the first warning shall result in a total of police services fee of $3,000.00 ($250.00, plus $500.00, plus $750.00, plus $750.00, plus $750.00).
Time of applicability. This subchapter shall only be utilized and residents cited for violation hereof anytime day or night for a period of 36 hours after the first response and warning. At all other times other grounds for enforcement shall be utilized.
(Ord. 2017-188, § 2, passed 7-18-17)
§ 11-7-32 Issuance of warning for initial response.
Police initially responding to a loud or disruptive party, gathering or event, regardless of the nature of the event, on private or public property, may issue a written warning to the person(s) responsible for the loud party, gathering, or event. Such warning shall contain the substance of the following statement: "If the City of Laguna Niguel designated police are required to respond again to this location due to a loud or disruptive party, gathering, or event within a 36 hour period, then the person(s) responsible for such party, gathering or event shall be assessed a police services fee in accordance with Title 11, Chapter 7, Subchapter 4. The city may prepare forms to be utilized to give this notice or the notice may be given verbally if circumstances warrant due to the lack of a certain and specific property, or both, at the discretion of the police." (Ord. 2017-188, § 2, passed 7-18-17)
§ 11-7-33 Multiple responses.
(A) If police are required to respond to a call for service regarding a loud or disruptive party, gathering or event, regardless of the nature of the event, at a particular location for a second or subsequent time within a 36 hour period after a warning has been issued, then for each such response a police services fee shall be assessed against the person(s) responsible for the loud or disruptive party, gathering or event. Each person responsible for said party, gathering or event shall be jointly and severally liable for the police services fee, provided, however, that if any such person is a minor, then the parents or legal guardians of such minors shall be jointly and severally liable in the minor's place. (B) An itemized bill shall be sent to every person asse ssed a police services fee. In its discretion, the city may delegate preparation of the itemized bill to a public entity designee. (C) A police services fee imposed pursuan t to this subchapter shall be paid in full within 15 days of the billing date unless a written appeal is filed in accordance with § 11-7-35. The city may, pursuant to law, impose a lien on the property, including real property, to recover the monies due. (D) No police services fee shall be assessed in a circ umstance when law enforcement, upon its second or additional arrival at a property, does not observe or otherwise detect loud, disruptive, raucous or unusual conduct or activity.
(Ord. 2017-188, § 2, passed 7-18-17)
§ 11-7-34 Exemptions.
The following acts or conditions are exempt from the provisions of this chapter:
(A) Activities conducted on the grounds of any public or private children's nursery, elementary, intermediate or secondary school or college;
(B) Outdoor gatherings, public dances and shows, provided said events are conducted pursuant to a permit or license issued by the city;
(C) Any mechanical device, apparatus or equipmen t used, related to or connected with emergency machinery, vehicles or work; and,
(D) Any activity to the extent regulation thereo f has been preempted by state or federal law. (Ord. 2017-188, § 2, passed 7-18-17)
§ 11-7-35 Appeal.
(A) Any person assessed a police services fee may, by filing a written request within 15 days of the billing date, appeal the amount of such fee to the city manager or designee. (B) The city manager or designee shall conduct a hearing on timely-filed appeals, and may affirm or reduce the amount of the fee. The hearing shall be conducted pursuant to the greatest respect for due process of the parties and in accord with the nuisance appeals procedures in the Municipal Code. (C) No reduction shall be granted unless the appellant establishes either:
(1) An accounting error has been committed;
(2) there are mitigating circumstances warranting leniency; or (3) There is no evidence that loud, disruptive, raucous or unusual conduct or activity occurred.
(D) (1) The decision of the city manager or designee shall be in writing and shall be final. (2) The full amount of any police services fee assessment upheld by the city manager or designee shall be paid within 15 days of the final decision.
(Ord. 2017-188, § 2, passed 7-18-17)
§ 11-7-36 Reservation of legal options.
(A) The procedures provided for in this subchapter are in addition to any other statute, ordinance or law, whether civil or criminal available to the city. This subchapter in no way limits the authority of law enforcement officers or private citizens to make arrests for any other criminal offense arising out of conduct regulated by this subchapter.
(B) The city does not waive its right to seek reimburseme nt for actual costs, beyond the police services fee, through other legal remedies or procedures. Any person owing money shall be liable in an action brought in the name of the city for recovery of such amount, including reasonable attorney's fees and the city may impose a lien to recover the monies due.
(Ord. 2017-188, § 2, passed 7-18-17)
Chapter 8 PROPERTY PROTECTION
Subchapter 1. City Property, §§ 11-8-1—11-8-12
Subchapter 2. Buildings and Equipment, §§ 11-8-13—11-8-23 Subchapter 3. Land, §§ 11-8-24—11-8-35
Subchapter 4. Plants, §§ 11-8-36—11-8-46
Subchapter 5. Vehicular Nuisances, §§ 11-8-47—11-8-50
Subchapter 6. Graffiti Prohibited, §§ 11-8-51—11-8-59
Subchapter 7. Tree Protections, §§ 11-8-60—11-8-64
SUBCHAPTER 1. CITY PROPERTY
§ 11-8-1 Damaging or defacing city property.
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 belonging to the city or any tree situated in any public street or highway of the city, and no person shall deface, mar or disfigure any bridge, fence, building or other structure belonging to the city or any tree situated in any public street or highway of the city by painting, cutting, scratching or breaking such structure or tree or attaching or affixing anything thereto. (Ord. 90-11, § 3, passed 3-6-90)
§ 11-8-2 Authority to post signs.
Nothing contained in this subchapter shall be construed to prohibit the erection or placing in any street or highway of mileposts, mile boards, guide boards or guideposts, or the painting, posting, attaching or affixing of warning signs, notices or signboards, upon bridges, fences, buildings or other structures belonging to the city, under authority of the city council.
(Ord. 90-11, § 3, passed 3-6-90)
§ 11-8-3 City defined.
For purposes of this chapter, the word "city" means the City of Laguna Niguel. §§ 11-8-4—11-8-12 Reserved.
SUBCHAPTER 2. BUILDINGS AND EQUIPMENT
§ 11-8-13 Use of public playground equipment.
(A) Use by adults prohibited. It shall be unlawful for any person of the age of 2118 years or over to enter upon or use any public playground equipment within the city unless the individual is:
(1) Accompanying a minor child or minor children lawfully under their custody or control. This includes parents, guardians, babysitters, caretakers or other designees of a parent or guardian with sole or joint supervisory responsibility over the minor child(ren); or (1)(2) A city employee or contractor performing official duties related to the maintenance, inspection or other official business concerning the public playground equipment. (B) Definition. For purposes of this section, public playground equipment is hereby defined as follows:
(1) Rock-a-bye swings;
(2) Stationary circular travel rings;
(3) Giant strides;
(4) Ocean waves;
(5) Settee swings;
(6) Horizontal ladders;
(7) Graduated horizontal bars;
(8) Board teeter outfits;
(9) Kindergarten chair swings;
(10) Combination straight travel rings;
(11) Trapeze rings;
(12) Merry-go-rounds; and
(13) Slides;
(Ord. 90-11, § 3, passed 3-6-90)
§§ 11-8-14—11-8-23. Reserved.
SUBCHAPTER 3. LAND
§ 11-8-24 Trespass upon fenced or cultivated land.
It shall be unlawful for any person to enter upon 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. (Ord. 90-11, § 3, passed 3-6-90)
§ 11-8-25 Damaging property or vegetation.
It shall be and is hereby declared unlawful for any person, other than the owner or lessee of the land designated in this section, to cut, hack, injure, destroy, move or remove any cane, reeds, sticks, grass, bamboo, trees, lumber, brush, weeds or vegetation of any kind or nature, or printed, painted or written signs, or to dig, move or remove any sand, gravel, rocks, dirt, soil, debris or other material or substance, or to start, build or maintain fires of any nature whatsoever, in or on creeks, canals, channels or rivers, or the banks, beds, levees, dikes or embankments of such creeks, canals, channels or rivers, or other lands of another located in the city, without the written consent of the owner or lessee of such creeks, canals, channels or rivers, or the banks, beds, levees, dikes or embankments of such creeks, canals, channels or rivers, or other land, or except in the lawful performance of an official duty.
(Ord. 90-11, § 3, passed 3-6-90)
§§ 11-8-26—11-8-35 Reserved.
SUBCHAPTER 4. PLANTS
§ 11-8-36 Damaging Yucca plants.
It shall be unlawful for any person to mutilate or destroy any Yucca plant or pick out any blooms or blossoms therefrom, whether such plants are growing on public or private land, unless, in the case of private land, the owner gives their consent thereto.
(Ord. 90-11, § 3, passed 3-6-90)
§§ 11-8-37—11-8-46 Reserved.
SUBCHAPTER 5. VEHICULAR NUISANCES
§ 11-8-47 Operation of vehicle on land of another.
It shall be unlawful for any person to operate any motorcycle, motor-driven cycle, minibike, trail bike, motor scooter, jeep, dune buggy or other motor vehicle on real property owned or occupied by another without the written consent of all the owners and occupiers being in such operator's possession, unless the owners of the property have posted the property permitting such use; provided, however, that this prohibition does not include the operation of a vehicle or cycle having a valid state vehicle registration by any person possessing a valid state operator's license upon a public street or highway; and provided further that this prohibition shall not apply to a public officer or employee acting within the course and scope of their employment; and provided further that the
provisions of this section shall not apply to the operation of such vehicles on driveways, parking lots, racecourses or other places where the public is invited to operate such vehicle, so long as such vehicle is operated in the reasonable and ordinary manner customary for such use.
(Ord. 90-11, § 3, passed 3-6-90)
§ 11-8-48 Creating disturbance by vehicle.
It shall be unlawful for any person to operate a vehicle referred to in § 11-8-47 in such a manner as is reasonably likely to disturb the peace or quiet of any neighborhood or person by reason of noise, dust, smoke or fumes.
(Ord. 90-11, § 3, passed 3-6-90)
§§ 11-8-49, 11-8-50 Reserved.
SUBCHAPTER 6. GRAFFITI PROHIBITED
§ 11-8-51 Purpose and intent.
It is the purpose and intent of the City Council through the adoption of this subchapter, to provide additional enforcement tools to protect public and private property from acts of vandalism and defacement; especially, but not limited to, graffiti on privately and publicly owned walls, which are inimical and destructive of the rights and values of private property owners as well as the total community. It is further the intent of the city council, through the adoption of this subchapter to put on notice all of those who callously disregard the property rights of others, that the law enforcement agencies for the city, both police services and the prosecutor's office, will strictly enforce the law and severely prosecute those persons engaging in the defacement of public and private properties.
(Ord. 94-70, § 1, passed 2-15-94)
§ 11-8-52 Findings.
The city council finds as follows:
(A) The increase of graffiti, on either public or private property, results in blight, decreases property values and deprives surrounding residents and owners of the right to comfortable enjoyment of life and property.
(B) Graffiti is obnoxious, constitutes a public nuisance, and is a threat to public safety which must be abated to prevent its further proliferation.
(B) Graffiti must be removed as quickly as possible to minimize harm to persons and property in the community.
(B) This subchapter is consistent wi th California Government Code § 53069.3, which authorizes the enactment of ordinances to provide for the use of city funds to remove graffiti. (E) This subchapter is intended to be complimentary to and not in conflict with California Penal Code § 594, which provides that any person who maliciously defaces property is guilty of vandalism, and California Penal Code § 594.1, which, provides that certain activities involving the possession, sale and use of aerosol paint containers are misdemeanors.
(Ord. 94-70, § 1, passed 2-15-94)
§ 11-8-53 Definitions.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
Aerosol paint container. Any aerosol container, regardless of the material from which it is made, which is adapted or made for the purpose of spraying paint or other substance capable of defacing property.
Felt tip marker. Any indelible marker or similar implement with a tip which, at its broadest width is greater than one-eighth inch, containing an ink that is not water-soluble.
Graffiti. Any inscription, word, figure, or design that is marked, etched, scratched, drawn, painted, pasted or otherwise affixed to or, on any surface, regardless of the nature of the material of that structural component, to the extent that same was not authorized in advance by the owner thereof, or, despite advance authorization, is otherwise deemed by the City council to be a public nuisance.
Graffiti or paint stick. A device containing a solid form of paint, chalk, wax, epoxy, or other similar substance capable of being applied to a surface by pressure, and upon application, leaving a mark at least one-eighth of an inch in width, visible from a distance of 20 feet, and not water-soluble.
Graffiti implement. An aerosol paint container, an etching tool, a felt tip marker, a graffiti or paint stick, or a gum label.
Gum Label. Any sheet of paper, fabric, plastic, or other substance with an adhesive backing which is not easily removable when placed on a surface.
(Ord. 94-70, § 1, passed 2-15-94)
§ 11-8-54 Anti-vandalism provisions.
(A) Unlawful to apply graffiti. It shall be unlawful for any person to apply graffiti on any public- or privately- owned structures located on public or privately owned real property within the city. (B) Possession of graffiti implement prohibited. It shall be unlawful for any person, while on public property, or upon private property without the prior consent of the owner of such property, to possess any graffiti implement for the purpose of defacing property.
(Ord. 94-70, § 1, passed 2-15-94)
§ 11-8-55 Accessibility to graffiti implements.
(A) Furnishing to minors prohibited. It shall be unlawful for any person, other than a parent or legal guardian, to sell, exchange, give, loan, or otherwise furnish, or cause or permit to be exchanged, given, loaned, or otherwise furnished, any graffiti implement to any person under the age of 18 years without the consent of the parent or other lawfully designated custodian of the person, which custodial consent shall be given in advance in writing.
(B) Wrongful display for sale.
(1) No person, firm or entity engaged in a commercial enterprise (seller) shall display for sale, trade or exchange, any graffiti implement except in an area from which the public shall be securely precluded without employee assistance.
(2) Two such acceptable methods for displaying a graffiti implement for sale shall be by containment in:
(a) a completely enclosed cabinet or other storage device which shall be permanently affixed to a building or building structure, and which shall, at all times except during access by authorized representatives, remain securely locked; or
(b) in an enclosed area behind a sale or service counter from which the public is precluded from entry. (Ord. 94-70, § 1, passed 2-15-94)
§ 11-8-56 Removal provisions.
(A) Removal by person who applied graffiti. Any person who applies graffiti within the city shall have the duty to remove the same within 24 hours after notice by the city or the public or private owner of the property involved. The failure of any person to so remove said graffiti shall constitute an additional violation of this subchapter. Where graffiti is applied by anyone under the age of 18 years, the parent, parents or legal guardian shall be responsible for such removal or for the payment therefor. (B) Removal by property owner. It is unlawful for any person who is the owner or who has primary responsibility for control of property or who has primary responsibility for the repair or maintenance of property (responsible party) to permit property which is defaced with graffiti to remain so defaced for a period of three working days after notice of same, unless:
(1) said person shall demonstrate to the city manager or their designee, by a preponderance of evidence that they do not have the financial or physical ability to remove the defacing graffiti; or (2) unless it can be demonstrated that the responsible party has an active program for the removal of graffiti and has scheduled the removal of the graffiti as part of that program, in which case it shall be unlawful to permit such property defaced with graffiti to remain defaced for a period of five days after notice of same. (C) Removal by city.
(1) Use of public funds. Whenever the city becomes aware, or is notified and determines that graffiti is so located on public or privately owned property viewable from a public or quasi-public place within the city, the city shall be authorized to use public funds for the removal of same, or for the painting or repairing of same, but shall not authorize or undertake to provide for the painting or repair of any more extensive area than that where the graffiti is located, unless the city manager, or their designee, determines in writing that a more extensive area is required to be repainted or repaired in order to avoid an aesthetic disfigurement to the neighborhood or community, or unless the responsible party agrees to pay for the costs of repainting or repairing the more extensive area. (2) Securing owner consent. Prior to entering upon private property or property owned by a public entity other than the city, for the purpose of removal of graffiti, the city shall attempt to secure the consent of the responsible party, and a release of the city from liability for private or public property or liability damage.
(D) Nuisance abatement, lien and cost of recovery.
(1) Graffiti as a nuisance. The existence of graffiti within the city limits of the city is a public and private nuisance, and may be abated according to the provisions and procedures herein contained. (2) Failure to obtain owner consent. If a responsible party fails to remove the offending graffiti within the time herein specified, or if the city shall have requested consent to remove or paint over the offending
graffiti and the responsible party shall have refused consent for entry on terms acceptable to the city consistent with the terms of this section, the city shall commence abatement and cost recovery proceedings for the removal of the graffiti according to the following procedure. (3) Abatement and cost recovery proceedings.
(a) Notice and conduct of due process hearing. The city manager, or their designee (hearing officer), shall give not less than 48 hours notice, served in the same manner as summons in a civil action in accordance with California Code of Civil Procedure, Article 3 (commencing with § 415.10) of Chapter 4 of Title 5 of Part 2 to the responsible party or parties who are responsible for the maintenance of a parcel of property containing graffiti (property), and, if a different person is the owner of record of the parcel of land or which the nuisance is maintained, based on the last equalized assessment roll or the supplemental roll, whichever is more current, then to said owner (owner) also, of a "due process" hearing at which said responsible party and owner shall be entitled to present evidence and argue that their property does not contain graffiti. (If the owner of record, after diligent search cannot be found, the notice may be served by posting a copy thereof in a conspicuous place upon the property for a period of ten days and publication thereof in a newspaper of general circulation published in the county in which the property is located pursuant to § 6062.) The determination of the hearing officer after the "due process" hearing shall be final and not appealable. If, after the due process hearing, regardless of the attendance of the responsible party, owner, or their respective agents, the hearing officer determines that the property contains graffiti viewable from a public or quasi-public place, the hearing officer shall give written notice (eradication order) that, unless the graffiti is removed within five days thereafter, the city shall enter upon the property, cause the removal, painting over (in such color as shall meet with the approval of the hearing officer) or such other eradication thereof (eradication effort) as the hearing officer determines appropriate, and shall provide the responsible party and owner thereafter with an accounting of the costs of such eradication effort on a "full cost recovery basis."
(b) Eradication effort. Not sooner than the time specified in the order of the hearing officer, the city manager, or their designee, shall implement the eradication order, and shall provide an accounting to the responsible party, and as appropriate, the owner, of the costs thereof (eradication accounting).
(c) Cost hearing. If the responsible party or owner fails to request a hearing before the hearing officer on the eradication accounting (cost hearing), or if requested, and a cost hearing is conducted after extending due process to the responsible party and, as appropriate, the owner, after such a cost hearing, the hearing officer determines that all or a portion of the costs are appropriately chargeable to the eradication effort, the total amount set forth in the eradication accounting, or such amount thereof determined as appropriate by the hearing officer, (assessed eradication charges) shall be due and payable by the responsible party within 30 days. Any amount of assessed eradication charges assessed by the hearing officer which are less than the total amount set forth in the eradication accounting shall be explained by written letter from the hearing officer to the city council members.
(d) Lien. As to such property where the responsible party is the owner, if all or any portion of the assessed eradication charges remain unpaid after 30 days, pursuant to the authority created by law, including California Government Code § 38773 et seq., such portion thereof as shall remain unpaid shall constitute and is hereby declared to constitute a lien on the property which was the subject matter of the eradication effort. The director of public works shall present a Resolution of lien to the city council, and upon passage and adoption thereof, shall cause a certified copy thereof to be recorded with the County Recorder's Office. (Ord. 94-70, § 1, passed 2-15-94)
§ 11-8-57 Rewards.
(A) Pursuant to the California Government Code § 53069.5, the city does hereby offer a reward of up to $500.00 for information leading to the arrest and conviction of any person for violation of California Penal Code § 594 by the use of graffiti, not to exceed $500.00 per incident of graffiti. In the event of multiple contributors of information, the reward amount shall be divided by the city in the manner it shall deem appropriate. The city council shall determine the exact amount of each reward. For the purposes of this section, diversion of the offending violator to a community service program, or a plea bargain to a lesser offense, shall constitute a conviction.
(B) (1) Claims for rewards under this se ction shall be filed with the city. (2) Each claim shall:
(a) Specifically identify the date, location and kind or property damaged or destroyed; (b) Identify by name the person who was convicted, or confessed to the damage or destruction of the city property; and
(c) Identify the court and the date upon which the conviction occurred or the place and the date of the confession.
(C) No claim for a reward shall be allowed by the city council unless an authorized representative of the city investigates and verifies the accuracy of the claim and recommends that it be allowed. (Ord. 94-70, § 1, passed 2-15-94)
§ 11-8-58 Parental involvement provisions.
(A) Parental civil liability (cost). Any parent or other legal guardian who consents to, permits, or otherwise knowingly allows their child under the age of 18 to possess a graffiti implement shall be personally liable for any and all costs to any person incurred in connection with the removal of graffiti caused by said child, or by said graffiti implement, and for all attorney's fees and court costs incurred in connection with the civil prosecution of any claim for damages.
(B) Parental liability (removal). Where graffiti is applied by anyone under the age of 18 years, the parent, parents, or legal guardian shall be responsible for such removal or for the payment therefor. (Ord. 94-70, § 1, passed 2-15-94)
§ 11-8-59 Punishment provisions.
(A) Penalties for violation. Any and all violations of this subchapter shall be punishable as a misdemeanor. (B) Police diversion program; community service with minimum hours and parental involvement. In lieu of, or as part of, requesting prosecution of a petition to declare a minor to be a ward of the court under California Welfare and Institutions Code § 602 (including but not limited to, offenses which, in the opinion of the police chief, constitute a violation of this subchapter), or in lieu of prosecuting a violation of this subchapter as a crime against an adult, the police chief with the approval of (or according to rules and procedures approved by) the city manager, shall be authorized to offer said minor or adult an option to perform such community service as the police chief deems appropriate, but which community service shall, if offered at all, contain the following minimum elements:
(1) The minor shall perform at least 30 hours of community service.
(2) At least one of the custodial parents, or if none, guardians, shall be in attendance at least 50% of the period of assigned community service, or an appropriate period as determined by the court. (3) The entire period of community service shall be performed under the supervision of a community service provider approved by the chief of police.
(4) Reasonable effort shall be made to assign the s ubject minor or adult to a type of community service that is reasonably expected to have the most rehabilitative effect on the minor or adult. To the extent that the offense giving rise to the offer of community service constitutes a violation of this subchapter, reasonable effort shall be made by the chief of police to assign the minor to community service which constitutes in significant part the removal of graffiti. (Ord. 94-70, § 1, passed 2-15-94)
SUBCHAPTER 7. TREE PROTECTIONS
§ 11-8-60 Purpose.
The purpose of this subchapter is to enhance the quality of life and the present and future health, safety, and welfare of all citizens, to enhance property values, and to ensure proper planting and care of trees on public property, the city council herein delegates authority and responsibility for managing public trees to the public works director, establishes practices governing the planting and care of trees on public property. (Ord. 2024-230, § 2, passed 10-15-24)
§ 11-8-61 Definitions.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Damage. Any injury to or destruction of a tree, including but not limited to: Uprooting; severance of all or part the root system or main trunk; storage of material on or compaction of surrounding soil; a substantial change in the natural grade above a root system or around a trunk; surrounding the tree with impervious paving materials; or any trauma caused by accident or collision.
Director. The director of public works or their designee.
Nuisance. Any tree, or limb thereof, that has an infectious disease or insect; is dead or dying; obstructs the view of traffic signs or the free passage of pedestrians or vehicles; or threatens public health, safety, and welfare.
Parkway. The area along a public street between the curb and the sidewalk; or if there is no curb or sidewalk, the unpaved portion of the area between the street right-of-way line and the paved portion of the street or alley.
Public property. All grounds and rights-of-way (ROWs) owned or maintained by the city.
Public tree. Any tree or woody vegetation on city-owned or city-maintained property or rights-of-way.
Top or topping. The non-standard practice of cutting back of limbs to stubs within a tree's crown to such a degree to remove the normal canopy and disfigure the tree. (Ord. 2024-230, § 2, passed 10-15-24)
§ 11-8-62 Authority and power.
(A) Delegation of authority and responsibility. The director shall have full authority and responsibility to plant, prune, maintain and remove trees and woody plants growing in or upon all municipal streets, rights-of-ways, city parks, and other public property. This shall include the removal of trees that may threaten electrical, telephone, gas, or any municipal water or sewer line, or any tree that is affected by fungus, insect, or other pest disease.
(B) Coordination among city departments. All city departments will coordinate as necessary with the director and will provide services as required to ensure compliance with this subchapter as it relates to streets, alleys, rights-of-way, drainage, easements, and other public properties. (C) Interference. No person shall hinder, prevent, delay, or interfere with the director or their agent(s) while engaged in carrying out the execution or enforcement of this subchapter. (Ord. 2024-230, § 2, passed 10-15-24)
§ 11-8-63 Tree planting and care standards.
(A) Standards. All planting and maintenance of public trees shall conform to the American National Standards Institute (ANSI) A-300 "Standards for Tree Care Operations" and shall follow all tree care Best Management Practices (BMPs) published by the International Society of Arboriculture. (B) Requirements of franchise utility companies. The maintenance of public trees for utility clearance shall conform to all applicable utility industry standards.
(C) Preferred species list. The director shall approve all tree planting on public property in two size classes:
Ornamental (20 feet or less in height at maturity) and shade (greater than 20 feet at maturity). (D) Planting distances. The director shall approve spacing requirements for the planting of trees on public property. No tree may be planted within the visibility triangle of a street intersection or within ten feet of a fire hydrant. Planting trees under electric utility lines. Only trees approved as ornamental trees by the director may be planted under or within 15 lateral feet of any overhead utility wire. (E) Protection of public trees during construction. Any person, firm, corporation, or city department performing construction near any public tree must employ appropriate measures to protect the tree, including, but not limited to, placing barriers around the tree to prevent damage. (Ord. 2024-230, § 2, passed 10-15-24)
§ 11-8-64 Prohibition against harming public trees.
(A) It shall be unlawful for any person, firm or corporation to damage, remove, or cause the damage or removal of a tree on public property without written permission from the director. (B) It shall be unlawful for any person, firm or corporation to attach any cable, wire or signs or any other object to any street, park, or public tree.
(C) It shall be unlawful for any person, firm or corporation to "top" any public tree. Trees severely damaged by storms or other causes, where best pruning practices are impractical may be exempted from this provision at the determination of the director.
(Ord. 2024-230, § 2, passed 10-15-24)
Chapter 9 PUBLIC SAFETY
Subchapter 1. Reserved, §§ 11-9-1—11-9-11
Subchapter 2. PoisonsReserved, §§ 11-9-12—11-9-22
Subchapter 3. Reserved, §§ 11-9-23—11-9-33
Subchapter 4. Wells, § 11-9-34
Subchapter 5. Rivers, Creeks, Channels, Canals, Pipes and Ditches, §§ 11-9-35—11-9-43
Subchapter 6. Diving or Jumping in Water, §§ 11-9-44, 11-9-45
SUBCHAPTER 1. RESERVED
§§ 11-9-1—11-9-11. Reserved.
SUBCHAPTER 2. POISONSRESERVED
Sec. 11-9-12. Transport of hydrocyanic acid.
It shall be unlawful to transport liquid hydrocyanic acid (HCN) over any public street or highway in the city in or upon any vehicle or conveyance unless the following provisions are all complied with:
(1) Liquid hydrocyanic acid must be securely enclosed in a suitable container which will prevent the escape of such acid if the container should be upset or jarred. (2) The vehicle must be equipped with substantial sideboards and tailboards, each and all at least 20 inches in height, and with a substantial, tight and solid bed. (3) The vehicle must not be of the type designed for use as a passenger vehicle. (4) The driver of the vehicle must be a male person of the age of 16 years or more. (5) The rear end of such vehicle must be painted wh ite or carry a white sign, securely fixed, upon which vehicle or sign must appear in red letters not less than three inches in height the words "DANGER— INFLAMMABLE—KEEP YOUR DISTANCE."
(6) Containers of liquid hydrocyanic acid in such vehicl es must be firmly secured to the vehicle so that the containers cannot overturn in the vehicle or fall therefrom. (7) Trailers used to carry acid must be attached to the motor vehicle so as to prevent side-whipping by the trailer.
(8) Vehicles carrying liquid hydrocyanic acid must come to a full stop at all railroad and street railway crossings and proceed only after making certain that the crossing can be made safely. (9) Vehicles containing liquid hydrocya nic acid and containers or applicators containing such acid must not be allowed to stand within 15 feet of the traveled portion of any public street or highway. (Ord. No. 90-11, § 3, 3-6-90)
Cross reference(s)—Hazardous material disclosure, § 6-3-200 et seq.
§§ 11-9-12—11-9-22 Reserved.
SUBCHAPTER 3. RESERVED
§§ 11-9-23—11-9-33. Reserved.
SUBCHAPTER 4. WELLS
§ 11-9-34 Capping or covering required.
(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
Abandoned oil or water well. Includes any such well not actually and continuously used, and any well, whether being used or not, the mouth or entrance of which is left open.
Cistern. An artificial reservoir or tank or wells for storing water.
Person. Any individual, firm, copartnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, business trust, receiver, syndicate, city or any other group or combination acting as a unit.
(B) Responsibility for capping or covering.
(1) A person who digs, drills, excavates, constructs, owns or controls any water well, oil well or cistern and abandons such well or cistern, and a person who owns, possesses or controls any premises on which an abandoned water well, oil well or cistern exists, shall cap or otherwise securely cover the mouth or entrance to the well or cistern.
(2) The capping or covering shall be so constructed and installed as will prevent any human being from falling into the well or cistern or from suffering any bodily injury, through accident or inadvertence, by reason of the existence of the well or cistern.
(Ord. 90-11, § 3, passed 3-6-90)
SUBCHAPTER 5. RIVERS, CREEKS, CHANNELS, CANALS, PIPES AND DITCHES § 11-9-35 Water-related activities prohibited in designated channels. (A) Except for public officers in the performance of their duties and those persons authorized by the city council, it shall be unlawful for any person to wade, bathe, skin dive, swim, float, launch or occupy any paddleboard, surfboard, kayak, canoe, boat, tube or similar craft, or any object or device capable of transporting a person, on or in any creek, channel, canal, river, ditch, pipe or aqueduct within the jurisdiction and control of the County Flood Control District. (B) Such creeks, channels, canals, rivers, ditches, pipes and aqueducts include but are not limited to the following: