ORDINANCE NO. 1797
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING TITLE 6 OF THE SAN CLEMENTE MUNICIPAL CODE RELATING TO ANIMAL CONTROL WITHIN THE CITY OF SAN CLEMENTE WHEREAS, in 1995, the City of San Clemente and City of Dana Point formed the Coastal Animal Services Authority (CASA), an independent joint powers authority, to provide animal services within the two cities; and WHEREAS, CASA serves as the City’s Animal Services Division and CASA’s officers serve as the City’s Animal Services Program Manager and Animal Services Officers; and WHEREAS, in providing animal control services within the City, CASA utilizes the provisions of Article 6 of the San Clemente Municipal Code (the “Code”); and WHEREAS, the City desires to make various amendments to the Code regarding the provision of animal services.
NOW, THEREFORE, the City Council of the City of San Clemente, California, hereby ordains as follows:
Section 1: In reviewing Title 6 - Animals, several areas for improvement were identified in the following Chapters of the Municipal Code of the City of San Clemente and Title 6 is hereby amended to read in its entirety as follows:
ANIMALS
GENERAL PROVISIONS, ADMINISTRATION AND ENFORCEMENT
Definitions.
As used in this Title, the following terms have these meanings, unless otherwise specified:
“Administrative action” means and refers to any enforcement action taken by the Authority other than criminal prosecution or civil proceeding filed in the Orange County Superior Court. "Adoption fee" means any compensation or monetary exchange for the purpose of taking ownership or custody of an animal. "Animal" means any creature, domestic or wild, including, but not limited to, birds, fishes, reptiles, insects, arachnids, arthropods, and nonhuman mammals. "Animal Control Officer" means any person designated by the General Manager of the Authority as a law enforcement officer who is qualified to perform such duties under the laws of this State. "Animal establishment" means any pet shop, grooming shop, animal auction, performing animal exhibition, kennel, or animal shelter (except this term shall not include licensed veterinary medical facilities, licensed research facilities, facilities operated by government agencies, or licensed animal dealers regulated by the U.S.D.A. under the provisions of U.S. Public Laws 89544 and 91579). "Animal exhibition" means any display containing one (1) or more animals which are exposed to public view for entertainment, instruction or advertisement, excluding fairs, livestock shows, rodeos, purebred dog and pedigree cat shows, obedience trials and competitions, field trials, and any other fair or exhibition intended to advance agricultural arts and sciences. "Animal menagerie" means a place where wild and/or exotic animals are kept or maintained for any commercial purposes. "Animal Rescue Operation" shall mean a person or group dedicated to the rescue of homeless dogs and or cats and who, while seeking homes for the dogs and cats, keep the homeless dogs and cats in their homes subject to their having first obtained an "Animal Rescue Private Kennel Permit." "Animal shelter" means any facility operated by the City or its authorized agents for the purpose of impounding or caring for animals held under the authority of this chapter or state law. "Approved rabies vaccine" means a vaccine which is approved for use in the animal concerned by the California Department of Health. "Approved research institution" means a college, hospital, university or research laboratory conducting research under humane conditions, if the General Manager so finds and certifies in writing. "At large" - A dog or cat shall be deemed to be "at large" when off the property of the owner and not under restraint. "Auctions" means any place or facility where animals are regularly bought, sold or traded, except for those facilities otherwise defined in this chapter. This term does not apply to individual sales of animals by owners. "Authority” means the Coastal Animal Services Authority, a joint powers authority created to facilitate the animal control, welfare, and licensing requirements of the cities served. "Barking dog" means a dog that barks, bays, cries, howls or makes any vocal noise for an extended period of time to the disturbance of any person at any time of day or night, regardless of whether the dog is physically situated in or upon private property. Such extended period of time shall consist of continuous barking for thirty (30) minutes or more, or intermittent barking for sixty (60) minutes or more. A dog shall not be deemed a "barking dog" if it is barking in response to a person trespassing or takes action which a reasonable person would interpret to constitute an attempted trespass upon private property, or when the dog is being teased or provoked. "Birth control measures" means the surgical alteration of female and male cats and dogs, popularly referred to as spaying and neutering; the utilization of approved mechanical birth control devices, such as intrauterine devices; or chemical birth control agents as approved by the Southern California Veterinary Medical Association. "Board of Directors" means the policy-making body for the Authority consisting of elected officials from each jurisdiction served by the Authority and support staff. "Care and Evaluation Committee" means an advisory committee to the General Manager or the Authority, whose purpose is to make recommendations to improve the quality of life and future wellbeing of animals. "Cat" means and includes domesticated members of the species Felis catus. This definition excludes other members of the family Felidae. "Charitable auction" means any and all auctions carried out by a charitable organization for the purpose of fundraising. "Charitable organization" means a nonprofit organization which qualifies under Section 501(c)(3) of the Internal Revenue Code as a charitable organization. "Circus" means a commercial variety show featuring animal acts for public entertainment. “City" means the City of San Clemente and any of its designees. "Commercial" means operated or carried on primarily for financial gain. "Commercial animal establishment" means any pet shop, commercial animal rescue shop, grooming parlor, animal auction, animal dealer who operates for profit, riding school or stable, zoological park, circus, performing animal exhibition, commercial kennel/cattery, or animal shelter. "Commercial animal rescue shop" means a commercial establishment that offers dogs and/or cats for a nonprofit adoption fee, and such dogs and/or cats are made available to the establishment by nonprofit humane societies, animal shelters, bona fide animal rescue organizations, or the San Clemente-Dana Point Animal Shelter. "Commercial breeder" means an owner/lessor/breeder of dogs and cats who is licensed to breed animals for resale—individually or in litter lots—whether any of these animals are also kept for personal use. "Commercial exhibitor" means any person exhibiting any animals to the public for compensation, such term including carnivals, circuses and animal acts exhibiting such animals whether operated for profit or not. "Commercial kennel/cattery" means any for-profit establishment or operation where animals of any species are kept for the purpose of breeding, grooming, boarding, or exhibiting such animals; or selling animals of any species (excluding dogs and cats); or engaged in the training of dogs. "Dealer" means any person who, for compensation or profit, buys for resale any animals, whether alive or dead, for research, experimentation, testing or exhibition (except as an exhibitor as herein described), or for use as pets. "Dog" means and includes domesticated members of the species Canis familiaris. This definition excludes other members of the family Canidae. “Domestic animal” means any animal which has historically and commonly been tamed for use or companionship by humans. “Enclosure” or "enclosed space" shall mean fence or structure designed to prevent the animal from escaping. When used for a “potentially dangerous dog,” “dangerous dog,” or “vicious dog” as defined in this section, the enclosure must further prevent the entry of young children in addition to any other measures to ensure the dog is not a threat to public health, safety and welfare. "Euthanasia" means the humane death of an animal brought about by an authorized person and method approved by the Authority and the local veterinary doctors. “Fowl” means a bird that is raised for its eggs or meat. "General Manager" means the individual serving as the director of the Authority, or designee. The General Manager has inherent discretion on all matters under this Title, unless otherwise stated. "Grooming Parlor" means any place where animals are groomed, clipped, bathed, or otherwise conditioned as pets and/or for show in exchange for a fee, except when such service is offered and provided by a commercial kennel or licensed veterinary hospital. "Guard dog” or “sentry dog" means any dog utilized, on a commercial basis, to guard any property within the cities served by the Authority, including guarding against fire or theft or both. "Guide dog" means a dog certified by a licensed guide (Seeing Eye) dog agency and actually being used by a blind person. "Horse stable" means any location where three or more horses are maintained for any purpose. "Humane manner" means the care of an animal to include, but not be limited to, adequate heat, ventilation and sanitary shelter, wholesome food and water, consistent with the normal requirements and feeding habits of the animal's size, species and breed. "Humane society" means any nonprofit organization existing for the purpose of prevention of cruelty to animals, incorporated under the laws of any U.S. state. "Impounded" means having been received into the custody of any animal shelter, or into the custody of the General Manager or authorized agent or deputy. "Infectious disease" means any infectious, contagious or communicable disease sufficiently dangerous to the public health or to the health of animals within the cities served by the Authority to warrant putting into effect the provisions of this Title and any rules or regulations adopted pursuant thereto. "Kennel" means any premises wherein any person engages in the business of boarding, breeding, letting for hire, or training for a fee, animals of any species; or buying and/or selling animals of any species (excluding dogs and cats). "Kitten" means any Felis catus under four months of age. "License" means a fee collected by the Authority program for: (a) commercial establishments keeping animals; (b) commercial establishments providing services related to animals; (c) commercial establishments selling domestic or nondomestic animals (excluding dogs and cats); and (d) individual household pets. "Licensing authority" means the General Manager of the Authority or any designated representative thereof charged with administering the issuance and/or revocation of permits and licenses under the provisions of this Chapter. "Livestock" means any domesticated animals including cattle, horses, ponies, stallions, colts, geldings, mares, sheep, rams, lambs, bulls, bullocks, steers, heifers, cows, calves, mules, jacks, jennets, burros, goats, kids, swine, confined and domesticated hares and rabbits, poultry, and equines which are kept in captivity or under the control or ownership of any person for any purpose. "Neutered" means rendered permanently incapable of reproduction. To be acceptable, the neutering must be performed by a licensed veterinarian. "Operator" means the legal owner or person in actual control of any activity involving animals. "Owner" means the actual custodian of an animal, whether or not that person is the legal owner, the caretaker, or merely the possessor of an animal. Legal ownership is established by a person being registered as the owner on a license or other legal document. "Performing animal exhibition" means any spectacle, display, act or event other than circuses, in which performing animals are used. "Permit" means an authorization from the Authority or any city served by the Authority, stipulating conditions under which non-domesticated animals may be kept in commercial and private establishments. "Person" means any individual or business, partnership, firm, joint stock company, corporation, association, society, trust, estate, government agency, other legal entity, and every officer, agent or employee thereof who own, harbor, or keep animals within the City. "Pest breeding hazard" means the accumulation, existence or maintenance of any substance, matter, material or condition resulting in the breeding of flies, cockroaches, rats or other insects or rodents in an amount or manner such as to endanger public health or safety, or to create unreasonable interference with the comfortable enjoyment of life and use of property by others. "Pet" means any animal kept for pleasure rather than utility. "Pet shop" means any person, partnership or corporation, whether operated separately or in connection with another business enterprise, that buys for resale and/or sells at retail, any species of animal (excluding dogs and cats) bred by others, whether as owner, agent, or on consignment, and that sells or offers to sell to the general public at retail. “Potentially dangerous dog” has the same meaning as that term is used in California Food & Agriculture Code section 31602 as may be amended from time to time. "Poultry" means all domesticated fowl and all game bird which are held in captivity. "Primary enclosure" means the default or main enclosure used to immediately restrict an animal or animals to a limited amount of space, such as a room, pen, run, cage, compartment or hutch. "Private animal owner" means a person having bred, adopted or purchased a dog, cat or other animal permitted by this Title, for his or her personal use and enjoyment, and who keeps or maintains said animal within the City for a period of more than seven days. "Private animal refuge" means owners and harbourers of unwanted animals of any species, including cross-breeds, who provide food, shelter, confinement, licensing and spaying/neutering for a group of animals. "Private breeder" means a dog or cat owner/fancier who breeds an occasional litter of purebred animals for his or her personal use and enjoyment, from animals personally owned or leased for the breeding, who neither sells the resultant offspring for resale to commercial outlets, nor for purposes of research, testing or laboratory experimentation. "Private exhibitor" means any organization sponsoring and all persons participating in fairs, livestock shows, rodeos, purebred dog and cat shows, obedience trials, field trials, and any other fairs or exhibitions intended to advance agricultural arts and sciences. "Private kennel/cattery" means the home and premises of a person who owns four (4) or more dogs and/or cats that are four months of age or older for the pleasure and enjoyment of the owner. "Provoke" means to perform an intentional act or omission that a reasonable person would conclude is likely to cause a bite, injury, or attack by an ordinary dog or any other animal not known for aggressive behavior. "Public nuisance" has the same definition as section 8.52.010 of this Code, and includes, but is not limited to, any animal or animals that:
(a) molests passersby or passing vehicles;
(b) attacks other animals; change to any violation is a public nuisance; (c) trespasses on school grounds; add to animals at large; (d) is repeatedly at large;
(e) damages private or public property;
(f) barks, whines, howls or makes any noise in an excessive, continuous or untimely fashion; (g) damages, soils, defiles or defecates on private property other than the owners, or on public walkways and recreation areas, unless such waste is immediately removed and properly disposed of by the owner; (h) causes unsanitary, dangerous or offensive conditions; (i) causes a disturbance by excessive barking or other noise making; (j) molests, attacks or interferes with persons or other domestic animals; or (h) unrestrained and at large.
“Public Nuisance Animal Owner” is the owner or custodian of an animal that has caused a public nuisance as defined above. "Puppy" means any Canis familiaris under four months of age. "Quarantine" means the strict confinement of an animal upon the premises of the owner or elsewhere as approved by the General Manager. "Registration" means the method of identifying animals through an identification number at an animal shelter. It shall not be the same as a license. "Restraint" means an animal that is contained within the real property limits of its owner or secured by a leash or lead or under the control of a responsible person. "Riding school" or "stable" means any place which has available for hire, boarding and/or riding instruction, any horse, pony, donkey, mule or burro. "Run" means the floor or surface and cage, exclusive of the sleeping box, used to continually contain or maintain dogs or cats. "Severe injury" means any physical harm to a human being that results in a serious illness or injury, including a substantial impairment of the physical condition of a person that requires professional medical treatment, including, but not limited to, loss of consciousness; concussion; bone fracture; protracted loss or impairment of function of any bodily member or organ; muscle tears, disfiguring lacerations, or a wound requiring multiple sutures; or any injury requiring corrective or cosmetic surgery. “Spayed” means rendered permanently incapable of reproduction. To be acceptable, the spaying must be performed by a licensed veterinarian. “Specialty animal” means any non-canine or non-feline domesticated animal kept as a pet or intended to be kept as a pet. “Stockyard” means any stockyard, corral or premises wherein public trading in livestock is carried on, or where yarding, feeding and watering facilities are provided and where Federal, State or local inspections are performed of livestock for infectious diseases. “Tattoo” means any permanent marking identifying the animal, including, but not limited to, microchips. “Unaltered” means an animal which has not been spayed or neutered. “Veterinarian” means a veterinarian with a valid license to practice veterinary medicine, dentistry and surgery, issued by the Board of Examination Veterinarian Medicine of the State of California. “Veterinary medical facility” means any establishment maintained and operated by a licensed veterinarian for surgery, diagnosis and treatment of diseases and injuries of animals. “Vicious dog” has the same meaning as that term is used in California Food & Agriculture Code § 31603 as may be amended from time to time. “Vivisection” means the cutting of or operation on a living animal, usually for physiological or pathological investigations. "Wild/exotic animals" means animals which are kept for exhibition purposes or as private pets including, but not limited to, monkeys, raccoons, skunks, fox, snakes, leopards, panthers, tigers, lions, birds or any other animal which can normally be found in the wild state. "Zoo" means a collection of living animals for public display. "Zoological Park" means any facility, other than a pet shop or kennel, displaying or exhibiting one (1) or more species of non-domesticated animals operated by a person, partnership, corporation or government agency.
Responsibility for Administration.
The Authority is charged with administration of the provisions of this Title on behalf of the City, as a joint powers authority under the direction of a Board of Directors comprised of one member of the City of San Clemente City Council and one member of the City of Dana Point City Council.
The General Manager is charged with management of the Authority and carrying out administration of the provisions of this Title.
Rules and Regulations.
The General Manager, with approval of the Board of Directors, may promulgate any necessary rules, regulations and policies for the administration of the Authority and the provisions of this Title.
6.04.040. Enforcement.
The General Manager and duly authorized agents of the Authority, or any individual deemed a sworn peace officer pursuant to California Penal Code section 830.1, et seq., are empowered, to enforce the provisions of this Title and any statute relating to animal control, unless otherwise provided by law, including, but not limited to the following enforcement actions:
Any person authorized to enforce this Title may arrest any person without a warrant upon probable cause to believe that the person to be arrested has committed in their presence a misdemeanor violation of any statute or ordinance relating to animal control.
Any person authorized to enforce this Title may issue administrative citations to any person violating the provisions of this Title.
Any person authorized to enforce this Title may impound any animal as provided in this Title.
Interference.
No person shall interfere with, oppose or resist any authorized person charged with the enforcement of this Title while such person is engaged in the performance of his or her duties. Anyone who violates this section is guilty of a misdemeanor.
6.04.070 Violations.
Infraction. Any person who violates any provision of this Chapter is guilty of an infraction, except as otherwise provided in this Title. Each infraction is punishable by administrative citation and associated fines as provided for in Section 1.16.010 of this Code.
Misdemeanor. Any person who violates any provision of Chapter 6.20 is guilty of a misdemeanor. Moreover, any person who violates any other provision of this Title and 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. Each misdemeanor is punishable as provided for in Section 1.16.010 of this Code.
Separate Offense. Each day in which a violation of this Title exists shall constitute a separate offense.
6.04.080 Inspections.
The General Manager or authorized agent is empowered to inspect any building or other property for the purpose of enforcing the provisions of this Title or any statute relating to animal control, consistent with Section 6.20.040 of this Code, or as otherwise permitted by law.
6.04.090 Complaints.
Upon receiving a complaint from any person alleging a violation of this Chapter and upon receiving the name and address of the owner and/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 the provisions of this Title, prosecution may be initiated against the owner and/or custodian.
6.04.100 Administrative Hearings and Procedure, and Enforcement Authority.
The provisions of Chapters 1.20 and 1.22 of this code are fully incorporated into this Title, except where otherwise provided. All references to “City Manager” and “Director of Finance” in Chapters 1.20 and 1.22 are replaced here with “General Manager.” All references in Chapters 1.20 and 1.22 to the “City” as an entity are replaced here with the “Authority.” The General Manager shall designate a hearing officer for any administrative citation hearing. The hearing officer shall not be a City employee with supervisory powers over anyone in the City Department that issued the citation. The employment, performance evaluation, compensation and benefits of the hearing officer, if any, shall not be directly or indirectly conditioned upon the amount of administrative citation fines upheld by the hearing officer.
No hearing to contest an administrative action or citation before a hearing officer shall be held unless and until a request for hearing form has been timely submitted and the fine amount has been deposited, unless waived in accordance with Section 1.22.030.
Formal rules of the California Evidence Code and discovery shall not apply, except that the hearing officer shall only consider evidence that is relevant to whether the violation(s) occurred and whether the responsible party has caused or maintained the violation(s) on the date(s) specified in the administrative citation.
The person contesting the administrative action or citation shall be given the opportunity to testify and present witnesses and evidence concerning the administrative citation.
Unless requested in advance by the person contesting the administrative action or citation, neither the enforcement officer nor any other representative of the City shall be required to attend hearing, provided that any such appearance may be made at the discretion of the enforcement officer or General Manager.
The failure of any recipient of an administrative citation to appear at the administrative action or citation hearing shall constitute a forfeiture of the fine and a failure to exhaust the administrative remedies, and the order of the citation shall be a final determination.
The administrative action or citation and any additional documents submitted by the enforcement officer to the hearing officer shall constitute prima facie evidence of the violation and the respective facts contained in those documents.
If the enforcement officer submits an additional written report concerning the administrative action or citation to the hearing officer for consideration at the hearing, then a copy of this report also shall be served by certified mail on the person requesting the hearing at least ten calendar days prior to the date of the hearing.
Any document or evidence which either party intends on presenting at the hearing shall be exchanged at least ten (10) calendar days prior to the date of the hearing. The hearing officer shall have discretion not to consider any evidence that was not exchanged pursuant to this provision.
At least ten (10) calendar days prior to the hearing, the owner of the animal or recipient of an administrative citation shall be provided with copies of the citations, reports and other documents submitted or relied upon by the enforcement officer. Evidence obtained within ten (10) days of the hearing shall be immediately provided to the recipient of an administrative citation.
The hearing officer may, in his or her sole discretion, continue the hearing and request additional information from the enforcement officer or the recipient of the administrative citation prior to issuing a written decision.
6.04.110 Administrative Hearing Decision.
After considering all of the testimony and evidence, the hearing officer shall issue a written decision within ten (10) days after the hearing to uphold or deny the administrative citation and shall list the reasons for that decision. The decision of the hearing officer is final.
If the hearing officer determines that the administrative citation should be upheld, then the fine amount on deposit with the City shall be retained by the City. If the citation is upheld, the responsible party shall be further liable for any balance of fines owed from the date of issuance of the citation to the date that the abatement is verified, or as otherwise determined by the hearing officer.
If the hearing officer determines that the administrative citation should be canceled, the City shall refund the amount of the deposited fine.
The recipient of the administrative citation shall be served with a copy of the hearing officer's written decision in the manner prescribed in this Title.
6.04.120 Right to Judicial Review.
If an administrative order is rendered in favor of the City, the offender may seek judicial review of the administrative order by doing one of the following:
Appeal the administrative order pursuant to Government Code Section 53069.4 within twenty (20) calendar days after service of the administrative order. Such an appeal shall be made by filing a notice of appeal with the Clerk of the Civil Division of the Orange County Superior Court, Central Justice Center located at 700 Civic Center Drive West, Santa Ana, CA, 92701, along with applicable filing fees and a copy of the administrative order. The appealing party shall also serve a copy of the notice of appeal on the Authority at that time by delivering the same in person or mailing the same by first class mail, postage pre-paid, return receipt requested to: Coastal Animal Services Authority, 221 Avenida Fabricante, San Clemente, CA 92672. If no appeal notice is filed within the twenty (20) calendar day period, the decision shall be deemed final; or File a petition for a writ of mandate pursuant to Code of Civil Procedure Section 1094.5 within ninety (90) calendar days after service of the administrative order.
6.04.130 Payment of Fees and Fines.
Payment of any fees or fines referenced in this Title shall be remitted to the Authority directly.
6.04.140 Collection of Unpaid fines.
A. The Authority, at its discretion, may pursue any and all legal and equitable remedies for the collection of unpaid fines and late penalties. Pursuit of one remedy does not preclude the pursuit of any other remedies until the total fines and late penalties owed by a responsible person under this chapter have been collected.
B. Failure to timely remit payment of any administrative fine and/or late penalty authorized under this Chapter is subject to any collection methods permitted by law.
DISEASE CONTROL
Vaccination Required.
Every person owning or harboring a dog, four (4) months of age or older, for fifteen (15) or more days shall have such dog vaccinated against rabies by a licensed veterinarian, and revaccinated thereafter at regular intervals not greater than three (3) years.
Certificate.
Each duly licensed veterinarian, after vaccinating any dog, shall sign a certificate of vaccination containing all information required by the County Health Officer. The veterinarian shall present the certificate to the owner of the vaccinated dog, which the owner shall retain in his or her possession. The veterinarian shall also deliver a list of vaccinated dogs to the Authority on a monthly basis. He or she shall retain a record of all animals that have been vaccinated.
Deferment of Vaccination.
The Orange County Rabies Control Department has the authority to waive the rabies vaccination requirement for any dog for which a licensed veterinarian has certified that the rabies vaccine may endanger the dog's health because of its age, infirmity, debility or other physiological considerations and providing said dog is permanently kept in the house or in a fenced yard adequate to confine the animal at all times. The deferment shall be valid only during the period that the vaccination would endanger the dog's health as said period is shown by the certificate of the licensed veterinarian.
Display of Certificate.
No person who owns or harbors any dog shall fail or refuse to exhibit his or her copy of the rabies certificate or anti-rabies inoculation deferment form upon demand of any person charged with the enforcement of this Chapter.
Reporting Suspected Rabies.
Any person having knowledge of the whereabouts of an animal known to have or suspected of having rabies shall report the facts immediately to the County Health Officer or the General Manager or authorized agent of the Authority. In those areas declared by the Director of the State Department of Public Health to be regarded as rabies areas (Section 1901.2, California Health and Safety Code), the General Manager or their agent shall be notified when any person is bitten by an animal of a species subject to rabies, whether or not the animal is suspected of having rabies. The County Health Officer shall be notified by the General Manager or their agent of any animal bite reported.
Quarantine of Animals.
Upon receipt of a report that a person has been bitten or is otherwise exposed by an animal to rabies, the General Manager or authorized agent, at his or her discretion, shall have such animal isolated in strict confinement under proper care and observation of a licensed veterinarian in a veterinary hospital or other adequate facility as determined by the General Manager. The animal shall be observed for at least ten (10) days (dogs and cats shall be observed for ten (10) days) after the date of the bite, with the following exception: Dogs and cats may be released after five (5) days of veterinary observation if the observing veterinarian certifies that there are no clinical signs or symptoms of disease.
Entering Private Property.
Except where prohibited by law, the General Manager or authorized agent is 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. The impounding officer shall make reasonable effort to immediately notify the owner or custodian of the animal before it has been impounded and the address of the facility to which it shall be taken. If the owner or custodian is not present at the time of impounding, the above notice shall be posted on the property of such owner or custodian, if known. In lieu of impounding the animal, the officer may, by serving a written notice upon the owner, require the owner to quarantine the animal for such period.
Compliance with Quarantine Order.
No person shall disobey any quarantine order issued by the General Manager or remove from its place of confinement any animal under quarantine without the permission of the General Manager.
Animal Contacts with Known or Suspected Rabid Animals.
Any animal of a species subject to rabies which has been bitten by a known or suspected rabid animal or has been exposed by contact with a rabid or suspected animal shall be quarantined in a place and manner approved by the General Manager for a period of six months, or destroyed, with the exception that the following alternative is permitted in the case of dogs and cats: If the dog or cat has been vaccinated against rabies: (a) Within two (2) years, but not less than thirty (30) days with a canine live-virus rabies vaccine; or (b) Within one (1) year but not less than thirty (30) days with canine killed-virus rabies vaccine, the dog or cat may be revaccinated in a manner prescribed California Code of Regulations 2606.(c) and quarantined in a place and manner approved by the General Manager for a period of thirty (30) days.
Removal of Animals from Quarantine.
No owner or person, either by himself or through his or her agent, shall, without the consent of the General Manager or an authorized agent of the Authority, remove from any place of isolation or quarantine any animal which has been isolated or quarantined.
Destruction of Rabid Animals.
If upon examination, the General Manager or an authorized agent of the Authority determines that any animal is afflicted with rabies, he or she may cause such animal to be euthanized in a humane manner; provided, however, when any animal shall be known to have bitten, scratched or otherwise exposed a person or animal to rabies, such animal shall be quarantined for such time as may be prescribed by law.
Laboratory Examination for Rabies.
The General Manager or authorized agent may authorize, with permission of the owner and following other legal restrictions, the euthanasia of a biting animal for the purpose of laboratory examination for rabies in an approved laboratory. Costs of quarantining an animal shall be the responsibility of the owner. If any rabid animal, clinically suspected rabid animal, or biting animal dies or has been killed, adequate specimens shall be obtained and examined in an approved public health laboratory. No person shall destroy or allow to be destroyed the brain of an animal of a species subject to rabies that has bitten or otherwise exposed a person before the destruction of such brain has been authorized by the County Health Department.
ANIMAL LICENSES
License Required.
Every person who resides with the jurisdiction of the City who owns or has custody of any dog four months of age or older shall ensure said dog is licensed with the Authority pursuant to this chapter. Guard (sentry) dogs are not excepted. Each such guard (sentry) dog must be individually licensed and each dog shall be wearing its license securely fastened to a collar or harness whether or not the dog is kenneled within the cities served by the Authority.
Application Submission—Timing.
Application for licensing must be made within thirty (30) days after taking possession of a dog that is four (4) months of age or older, or within thirty (30) days of establishing residence within the cities served by the Authority.
Proof of Rabies Vaccination.
No dog shall be licensed without proof of approved rabies vaccination. Rabies vaccination certificates must be signed by licensed veterinarian and be valid for the entire registration period.
License Period.
Licenses shall be issued for a period of one (1), two (2) or three (3) years. The license period shall not extend beyond the remaining period of validity for the current rabies vaccination and, if a dog is exempted from the vaccination requirement, the license period shall not extend beyond one (1) year.
Dog License Fee.
A fee not to exceed the cost of Authority services relating to dogs, shall be paid to the Authority for each license required by this Title as provided by resolution of the city councils served by the Authority.
Fee Exemption.
No license fee shall be required for the following:
Guide dogs for the blind;
Dogs honorably discharged from the Armed Forces of the United States; Dogs in the care, custody and control of nonresidents who are traveling through, or temporarily staying in the City for a period not exceeding thirty (30) days, or dogs temporarily brought into the City for the purpose of being entered in a dog show or exhibition, provided such dogs are so entered and not kept elsewhere; Dogs used in crime detection or apprehension by police officers; Dogs housed in duly licensed animal shelter or commercial animal rescue shop prior to adoption; or Dogs maintained in an approved research institution or kennel, provided said dog is owned by the owner or operator of said research institution or kennel License Application.
The owner shall state at the time application is made, and upon standard printed forms of application provided for such purpose, his or her name, address, telephone number, and the name, breed, color, age and sex of each animal for which application is made.
Issuance.
Upon collection of the license fee, a dated receipt shall be issued stating the name, address and telephone number of the owner, tag number, description of the animal, and the expiration date of the rabies vaccination, together with a license tag stamped with a serial number and name of the Authority.
Display of License.
Each dog required to be licensed shall wear at all times the current license tag assigned to that dog, except when the dog is: (a) physically confined within the premises of the owner or other person authorized to have custody; (b) confined in a vehicle or cage; (c) participating in any dog exhibition, field trial or competition; or (d) 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. Nothing herein contained, however, shall be construed to relieve the necessity of having a current tag for each dog.
Unauthorized Removal.
A license tag shall not be removed from any dog without the consent of the owner thereof.
Lost License Tag.
In case any license tag is lost or destroyed, replacement may be obtained upon showing such proof as may be required and upon payment of the replacement fee.
Dog License Renewal.
Licenses not purchased or renewed within thirty (30) days after expiration, or the date on which they become due, shall be considered delinquent and a late fee as determined by the Authority shall be added to the cost of the new license. An additional fee may be added by the General Manager should the license be delinquent by over one hundred and eighty (180) days. The General Manager or authorized agent may waive the above late fee if he or she determines the applicant made a reasonable effort to comply with the above deadline.
Cat Licensing.
Cats over four months of age may, but are not required to, be licensed with the Authority in the same manner in which dogs are licensed. Cats must have current rabies vaccination valid for the entire one (l) year registration period. The obtaining of such a license shall be optional on the part of the owner.
Displaying Proof of Vaccination.
Every person shall, upon demand by any person charged with enforcing the provisions of this chapter, exhibit any current rabies vaccination certificate or dog or cat license tag issued to said person pursuant to the provisions of this chapter.
Nontransferable License.
Animal licenses are not transferrable or refundable.
False or Stolen Documents or Tags.
No person shall make use of or have in his or her possession a stolen, counterfeit or forged dog or cat license receipt, dog or cat license tag, rabies vaccination certificate, anti-rabies inoculation-deferment form, or other form issued in accordance with this Title.
Counterfeit Tag.
It is unlawful for any person to attach any current license tag to any dog or cat, which tag was not issued for said dog or cat, or to counterfeit or imitate a dog tag, or to attach a counterfeit or imitation tag to any dog or cat; and it is unlawful for any person to make any false statement as to any fact required in connection with the securing and issuance of a dog or cat tag.
Posting of Licensing Requirement.
The most current poster provided by the Authority communicating the requirement of dogs to be licensed pursuant to Section 6.10.010 shall be posted in a prominent and conspicuous location for view by customers in any fixed commercial establishment where goods or services are specifically provided to dogs, including, but not limited to, veterinary offices, veterinary hospitals, day or overnight boarding, dog wash, dog grooming, dog training, and pet stores.
DOGS AND CATS
Restraint of Dogs.
No person owning or having charge, care, custody or control of any dog shall cause or permit, either shall fully or through failure to exercise due care or control, any such dog to be upon any:
Private property unless such dog be restrained thereon by a fence, wall, substantial chain or leash not exceeding six (6) feet in length, other appropriate physical restraint, or is under the charge of a person competent to exercise care, custody and control over such dog; or Highway, street, alley or other public property unless such dog be restrained by a substantial chain or leash not exceeding six (6) 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.
Dogs on Public Property.
Dogs Within or Upon Public Beaches, Parks, Municipal Pier, Municipal Golf Course, etc., are prohibited. Except as provided below, no owner or person in charge or in control of any dog shall permit or allow such dog to be within or upon the public beaches, public access ways to the beach, parks, municipal pier, or municipal golf course, and such dogs are prohibited from being within or upon such aforementioned public places.
City Parks Where Dogs are Permitted On-Leash: A dog who is on a leash and under the control of the dog's owner or the owner's agent is permitted within specified parks that the City Council may, from time to time, designate by duly passed resolution or ordinance.
City Parks Where Dogs are Permitted Off-Leash: The City Council may, from time to time, designate by duly passed resolution or ordinance, one or more off-leash dog parks where dogs may be permitted without a leash, provided the owners or owners' agents comply with all animal related rules and regulations, including posted rules and regulations specifically provided for the use of said off-leash dog park(s).
Effective Date Designated Parks Are Available to Dogs; Regulations: A park designated by the City Council as being available to dogs shall be deemed to be available for use by dogs at such time as the Director of Beaches, Parks and Recreation erects signs in the park noting that the park has been so designated. Any dog using a public park in accordance with this section shall have a collar attached to it that contains a current dog license.
Removal of Park from List of Designated Dog Parks: Notwithstanding any of the above, the City Council may, from time to time, by duly passed resolution, remove any park from its list of parks designated for use by dogs if it determines that such removal is in the best interests of the City.
Dogs on Leashes Allowed on Beach Trail: A dog who is on a leash and under the control of the dog's owner or the owner's agent is permitted on all portions of the Beach Trail and all beach access ways providing access to the Beach Trail, including those portions of the Beach Trail and beach access ways that overlay the beach service road, at all times of the year, except on the Fourth of July and during the time that major City-sponsored special events (e.g., the Ocean Festival) are occurring on the beach and the Director of Beaches, Parks, and Recreation has posted the Beach Trail to prohibit dogs, at which times dogs shall be prohibited in such areas.
Dogs on Leashes Allowed on Municipal Trails. Dogs on leashes and under the control of the dog's owner or owner's agent are permitted on municipal trails. For the purposes of this section, the term "municipal trails" shall mean those trails identified in the City of San Clemente General Plan.
Dogs Prohibited. Dogs shall be prohibited on Avenida Del Mar from its intersection with El Camino Real to its intersection with Avenida Seville during the San Clemente Fiesta celebration.
No owner or person in charge or in control of any dog, except a blind person with his or her guide dog, shall permit or allow such dog to be within or upon public school property, public beaches, public access ways to the beach, parks, municipal pier or municipal golf course, except where authorized by this Code. This section does not prohibit the use of dogs on school property for teaching or other school uses when approved by the school officials.
Confinement of Animals in Estrus.
Dog and cat owners shall securely confine their female dogs and cats while in heat (estrus) within an enclosure in a manner that shall prevent access by male dogs or male cats, or the attraction of male dogs or male cats to the immediate vicinity. Any person found in violation of this chapter is guilty of a misdemeanor.
Running on Owner's Premises.
Except for un-spayed female dogs during the breeding period, the provisions of this chapter do not prohibit dogs from running at large on the premises of the owner or person having charge of such dog.
Working Dogs.
A working dog, performing acts such as herding under the control and supervision of owner or handler shall not be considered as unleashed while performing his or her duties. A hunting, obedience, tracking or show dog shall not be considered unleashed while performing in the above capacities in areas designated for such activities.
Public Protection from Dogs.
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. Any person owning or having custody or control of a vicious dog commits a violation of this Code if, as a result of that person's failure to exercise ordinary care, the dog bites, attacks, wounds or otherwise injures or kills a human being and the owner or custodian knew or should have known of the vicious or dangerous nature of the dog. It is unlawful for any person to fail to comply with this Section. However, nothing in this Section shall authorize the bringing of a criminal action pursuant to a violation of this Section if the bite, attack, attempted bite, injury or threat was sustained by person who, at the time, was committing a willful trespass upon the premises occupied by the owner or custodian or 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.
Beware of Dog Notice.
Whenever the General Manager or authorized agent receives a report of a dog with a disposition of propensity to attack or bite any person or animal without provocation, he or she may require a sign to be placed by the owner stating the following: "Beware of Dog."
POTENTIALLY DANGEROUS AND VICIOUS DOGS
Purpose of this Chapter.
Within the City of San Clemente there are potentially dangerous and vicious dogs that are a threat to the health, safety and welfare of the citizens of the City. The provisions of this Chapter set forth the procedures by which the Authority can find a dog to be a potentially dangerous dog or a vicious dog and the consequences of such a finding. This Chapter is intended to supplement rather than supplant any other remedy available under County or City ordinance, or State law.
Determination of Potentially Dangerous or Vicious Dog.
A dog is “potentially dangerous” if it is found to have engaged in any of the following, per California Food and Agriculture Code section 31602:
A dog that on two separate occasions within the prior thirty-six (36) month period, engages in any unprovoked behavior that requires a defensive action by a person to prevent bodily injury to a person, domestic animal, or livestock, off the property of the owner or custodian of the dog; A dog that, when unprovoked, bites a person or otherwise engages in behavior causing a less serious injury than as defined as a “severe injury” in this Title; or A dog that, when unprovoked, has killed, seriously bitten, inflicted injury, or otherwise caused injury to a domestic animal or livestock of the property of the owner or custodian of the dog.
A dog is a "vicious dog" if it is found to have engaged in any of the following, per California Food and Agriculture Code section 31603:
A dog that, when unprovoked, inflicts severe injury on or kills a person; A dog previously determined to be and currently listed as a potentially dangerous dog which, after its owner or keeper has been notified of this determination, continues the behavior described in Section 31602 or is maintained in violation of Section 31641, 31642, or 31643 of the California Food and Agriculture Code; A dog previously designated as and currently listed as a potentially dangerous, dangerous or vicious dog in any jurisdiction, which, after its owner or custodian has been notified of that designation, continues any behavior described in Section 6.20.020 or is maintained in violation of Section 6.20.130, a stipulation, an administrative decision, a court order, or restrictions placed upon it by any jurisdiction.
Right of Entry for Inspection.
An Animal Control Officer or a law enforcement officer may enter a building or property to inspect the premises only if:
The owner or occupant of the building or property consents to the entry and inspection after the Animal Control Officer or law enforcement officer presents his or her credentials and explains the reasons for the entry and inspection; or The Animal Control Officer or law enforcement officer obtains a warrant for the entry and inspection of the building or property under Sections 1822.50 to 1822.57 of the Code of Civil Procedure; or The Animal Control Officer or law enforcement officer has reasonable cause to believe that the keeping of an animal on the property is so hazardous, unsafe, or dangerous that exigent circumstances exist to safeguard an animal or public health and safety. Under these circumstances, the Animal Control Officer or law enforcement officer may use reasonable means to immediately enter and inspect the building or property in furtherance of safeguarding an animal or public health and safety after presenting his or her credentials to the owner or occupant and requesting entry, when practicable.
A person who prevents or obstructs an Animal Control Officer or a law enforcement officer engaging in the capture of an animal running at large is guilty of a misdemeanor.
Authority to Seize and Impound Dog.
An animal control officer or law enforcement officer may immediately seize and impound a dog when probable cause exists that impoundment is necessary for the preservation of animal or public health, safety or welfare.
A dog may be impounded under subsection A without a prior hearing. When not contrary to public safety, the General Manager may allow the dog to be released to the owner or custodian, or to be confined, at the owner’s expense, in an Authority-approved animal or veterinary facility.
The owner or custodian of the dog is liable for all impound fees and costs if the dog is determined to be potentially dangerous or vicious, or for any other dog impounded three or more times within a twelve (12) month period. The fees and costs must be paid before the release of the dog, but no later than ten (10) days after the dog is available to be released.
Any dog seized and impounded pursuant to the Chapter that is not claimed with ten (10) days by the owner or custodian being notified by the Authority of the impound shall be deemed abandoned and automatically become the property of the Authority.
Initial Administrative Review by General Manager of Potentially Dangerous or Vicious Dog; Request for Hearing.
The General Manager shall make an initial determination of whether a dog is potentially dangerous or vicious. A notice of this determination will be served on the owner or custodian of the dog within ten (10) days of any impoundment of the dog. That notice shall inform the owner or custodian of the basis for the General Manager’s determination, conditions of release and/or retention of the dog (if applicable), and how to appeal the General Manager’s determinations and conditions of release or retention.
General Manager, in his or her sole discretion, may impose conditions of release and/or retention on the owner or custodian of any dog determined by the General Manger to be potentially dangerous or vicious. The owner or custodian may agree to any such conditions in lieu of an appeal hearing as provided in this section.
The owner or custodian of the dog may appeal any notice from the General Manager issued pursuant to this section, by serving the Authority with a written request for appeal within ten (10) days of the date listed on the General Manger’s notice. Failure to timely serve a written request for appeal will be deemed a waiver of any right to an appeal hearing under this chapter.
For purposes of this Chapter, service is complete upon deposit of the document(s) in the mail or when the documents are personally served.
Potentially Dangerous or Vicious Dog Hearing.
Hearing. If an owner or custodian of a dog timely appeals the General Manager’s determination that a dog is either potentially dangerous or vicious, the General Manager may, in his or her sole discretion proceed with either an administrative hearing or petition the Superior Court within the judicial district of the City for a hearing pursuant to Food and Agriculture Code section 31621, et seq., for a determination of whether the dog should be declared potentially dangerous or vicious.
Notice of Hearing and Petition. The General Manager must notify the owner or custodian of the dog that an administrative hearing will be held, at which time the owner or custodian may present evidence as to why the dog should not be declared potentially dangerous or vicious. The General Manager will serve the owner or custodian of the dog with notice of the hearing and a copy of the case records, either personally or by first class mail. The hearing will be held between five (5) and ten (10) working days after the service of the notice upon the owner or custodian of the dog. Time to conduct an administrative hearing may be extended by mutual agreement of both the General Manager and the owner or custodian of the dog.
Conduct of Administrative Hearing. The administrative hearing officer will admit all relevant evidence, including incident reports and the affidavits of witnesses. A jury will not be available. The administrative hearing officer may find, upon a preponderance of the evidence, that the dog is potentially dangerous or vicious and will make other orders or findings required or authorized by this chapter. The administrative hearing officer may decide all issues for or against the owner or custodian of the dog even if the owner or custodian fails to appear at the hearing.
Administrative Hearing Officer. Administrative hearings will be conducted by a neutral hearing officer appointed by the Authority. The hearing officer shall not be an employee of the Authority or of the City of San Clemente.
Failure to strictly comply with the provisions of this section will not invalidate any findings, determinations or orders made pursuant to an administrative hearing.
Notice of Decision.
Following an administrative hearing conducted pursuant to Section 6.20.070, a written notice of the decision must be served on the owner or custodian of the dog, and on the Authority if the hearing was conducted by an outside hearing officer, either personally or by first class mail within ten (10) calendar days after the hearing.
Consequences of Potentially Dangerous Dog Determination.
The following conditions apply to a dog determined to be potentially dangerous:
In addition to any other conditions, the dog must be properly licensed, microchipped, and vaccinated at the owner or custodian's expense before it is released to the dog's owner or custodian. If the dog was not impounded, the dog owner or custodian must provide proof that the dog is licensed, microchipped, and vaccinated within ten (10) days after the decision declaring the dog to be potentially dangerous is served on the dog owner or custodian.
The dog, while on the owner or custodian's property, must be kept indoors or in a securely fenced yard or enclosure from which the dog cannot escape, and into which children cannot enter. The Authority must inspect and give written approval of the yard or enclosure before the dog is released to its owner or custodian. If the dog was not impounded, the Authority must inspect and give written approval of the yard or enclosure within ten (10) days after the decision declaring the dog to be potentially dangerous is served on the dog owner or custodian.
The dog may be off the owner or custodian's premises only if it is muzzled and restrained by a substantial leash, not exceeding six (6) feet in length, and if it is under the control of an adult capable of restraining and controlling the dog. At no time may the dog be left unattended while off the owner or custodian's premises. The owner or custodian of the dog must notify the Authority immediately if the dog is at large or has committed an attack on any person, domestic animal, or livestock.
The owner or custodian of a potentially dangerous dog who intends to move the dog out of the jurisdiction or transfer ownership and/or custody of the dog to any other person, shall at least ten (10) days prior to the move or transfer, inform the Authority in writing of the name, address and telephone number of the proposed new owner or custodian. The Authority may prohibit the proposed move or transfer for good cause, which includes, but is not limited to, the move would create an unreasonable risk to public safety or the new owner or custodian refuses to be bound by reasonable conditions associated with the dog as imposed by the Authority.
The owner or custodian of the dog must complete an obedience course for a minimum of ten hours of training with the dog, at the owner or custodian's expense within sixty (60) calendar days after release of the dog to the owner or custodian. The course must be approved by the Authority before the release of the dog to the owner or custodian. If the dog was not impounded, the dog owner or custodian must obtain approval of the course by the Authority within ten (10) days after the decision declaring the dog to be potentially dangerous is served on the dog owner or custodian.
The dog must be spayed or neutered at the expense of the owner or custodian before the release of the dog to its owner or custodian. If the dog was not impounded, the dog owner or custodian must provide proof that the dog has been spayed or neutered within thirty (30) calendar days after the decision declaring the dog to be potentially dangerous is served on the dog owner or custodian.
The owner or custodian of the dog may be required to maintain a bond or insurance covering property damage and bodily injury caused by a potentially dangerous or vicious dog in such amount as the General Manager determines is adequate to protect the public. If required to maintain insurance, the owner or custodian must show proof of insurance within ten (10) days after the decision declaring the dog to be potentially dangerous is served on the dog owner or custodian.
Prior to and as a condition of the release of any dog deemed to be potentially dangerous that is impounded by the Authority, the owner or custodian of the dog shall enter into a written agreement to defend, indemnify and hold harmless the City of San Clemente, the City of Dana Point, and the Coastal Animal Services Authority from and against any claim relating to the released dog. Defense counsel must be approved by the indemnified party(s).
All charges for services performed by the Authority, including, but not limited to, impound fees, and all fines must be paid before the release of the dog to its owner or custodian, or within ten (10) days after the services are provided or the charges and fines are ordered to be paid. If the owner or custodian does not take possession of the dog and pay the charges and fines within ten (10) days after the services are provided or the fines are ordered to be paid, the dog will be deemed abandoned and may be placed for adoption or disposed of in a humane manner according to law, at the absolute discretion of the Authority.
If the determination that a dog is potentially dangerous is made after a court hearing, the judicial officer must impose a fine on the owner or custodian of up to five hundred dollars ($500.00) for each separate basis upon which the determination was made. The court will also order the owner or custodian to pay to the Authority all reasonable costs for services provided.
An administrative hearing officer or judicial officer may impose any other reasonable conditions that are necessary to protect the public safety and welfare, or are in the interest of justice.
Consequences of Vicious Dog Determination.
A dog determined to be vicious pursuant to this Chapter may be euthanized by the Authority when release of the dog would create a substantial threat to public health, safety, or welfare, and no reasonable alternative is available, as determined by the Authority.
If it is determined that a dog found to be vicious will not be euthanized, the administrative hearing officer or judicial officer must impose on the owner or custodian, at a minimum, all required conditions of a potentially dangerous dog pursuant to Section 6.20.100, the conditions required by this Section, and any other conditions necessary to protect the public health, safety, or welfare.
The enclosure that is required by subsection B of Section 6.20.100 must be an enclosure that is enclosed on all sides and is locked by a padlock. It may be required to have a top and a cement floor. The enclosure must be approved by the Authority in writing before the release of the dog to the owner or custodian. If the dog was not impounded, the dog owner or custodian must obtain the written approval of the Authority within ten (10) days after the decision or court order declaring the dog to be vicious is served on the dog owner or custodian.
The owner or custodian of a vicious dog must give written notice of the vicious dog determination to the United States Post Office (local branch) and to all utility companies providing services to the premises where the dog is kept. The owner or custodian must provide a copy of the notices to the Authority before the release of the dog from impound. If the dog was not impounded, the dog owner or custodian must provide a copy of the required notices to the Authority within ten (10) days after the administrative hearing or court determination declaring the dog is vicious.
The owner or custodian of the dog must post ‘Beware of Dog’ signs on the premises, at a location(s) approved by the Authority, stating that a vicious dog resides on the premises. The sign(s) must be posted within ten (10) days after the decision or court order declaring the dog to be vicious is served on the owner or custodian.
If the determination that a dog is vicious is made after a court hearing, the judicial officer must impose a fine on the owner and/or custodian of up to one thousand dollars ($1,000.00) for each separate basis upon which the determination was made. The court must also order the owner or custodian to pay to the Authority all reasonable costs for services provided.
The owner or custodian of a dog determined to be a vicious dog may be prohibited from owning, keeping, possessing, controlling, or having custody of any dog for a period of up to three years, if it is found at the hearing that ownership or possession of a dog by that person would create a significant threat to the public health, safety, or welfare.
An administrative hearing officer may impose any other reasonable conditions that are necessary to protect the public safety and welfare or are in the interest of justice.
Consequences of Violation of Conditions.
Consequences that may result from the failure of an owner or custodian of a dog released after a hearing fails to comply with any of the conditions imposed under Section 6.20.100 or Section 6.20.110 include, but are not limited to, the following:
The failure to comply with any condition is a misdemeanor punishable by a fine not exceeding one thousand dollars ($1,000.00) or by imprisonment in the County Jail for a period not to exceed six months, or by both a fine and imprisonment; A violation of any part of an administrative decision or court order may be the subject of a civil action for injunctive relief to enjoin the person who violated the decision or order. The filing and prosecution of an action for injunctive relief does not limit the authority or ability of the County to take any other action permitted by law; A violation of an administrative decision or court order following a determination that a dog is potentially dangerous, may result in the initiation of proceedings to determine if the dog is vicious pursuant to this Chapter.
Violation of any term of release of any dog determined to be potential dangerous or vicious pursuant to this Chapter is subject to being summarily impounded by the Authority, and at the owner’s expense.
Removal of Designation.
Potentially Dangerous Dog. If there is no additional instance of any behaviors of a potentially dangerous dog as described in Section 6.20.020 within the thirty-six (36) month period from the date of designation as a potentially dangerous dog, the dog will be removed from the list of potentially dangerous dogs. The dog may, but is not required to, be removed from the list of potentially dangerous dogs before the expiration of the thirty-six (36) month period if the owner or custodian of the dog demonstrates to the General Manager’s satisfaction that changes in circumstances or measures taken by the owner or custodian is such that the dog no longer poses a threat to public safety and general welfare.
Vicious Dog. Notwithstanding any other provision in this Title, no dog subject to a final determination of being vicious pursuant to this Chapter shall be permitted to have such designation removed.
Exceptions to Designation of Potentially Dangerous or Vicious Dog.
No dog may be declared potentially dangerous or vicious if:
The injury or damage is sustained by a person who, at the time the injury or damage was sustained, was committing a willful trespass or other tort upon premises occupied by the owner or custodian of the dog, or was teasing, tormenting, abusing, or assaulting the dog, or was committing or attempting to commit a crime to which the dog was reacting; The dog was protecting or defending a person from an unjustified attack or assault; The injury was sustained by an animal that, at the time of the injury, initiated an attack against the dog; The injury was sustained by an animal while the dog was working as a hunting, herding, or predator-control dog while under the control of its owner or custodian, and the injury was to a type of animal appropriate to the work of the dog.
Infraction/Misdemeanor Penalty.
Any violation of this Chapter may be prosecuted as a misdemeanor and in addition to any other remedies or enforcement actions by the Authority, the City, City Attorney, the City Prosecutor, the District Attorney, or any other person or entity with enforcement powers.
ANIMALS AT LARGE, EXCESSIVE NOISE, AND OTHER NUISANCES
Keeping Animals or Fowl Near Residences.
It shall be unlawful for any person in a residential structure to keep or maintain any animal within one hundred (100) feet of any other residential structure occupied by a person other than the animal's owner and/or keeper unless:
It is expressly allowed by the Zoning Code;
Dogs and cats. With the exception of those persons who have a valid animal rescue permit issued by Authority, any person keeping four (4) or more dogs or cats over four (4) months in age, or any combination thereof, is first required to obtain a private kennel permit pursuant to San Clemente Municipal Code Section 6.20.010. Keeping more than six (6) animals other than dogs or cats over four (4) months in age, or any combination thereof, on any residential property is prohibited except as may otherwise be expressly permitted by this Title.
Trespassing.
No person owning or having charge, care or custody of any animal shall permit such animal to trespass or be upon any private property of another person without the consent of such person.
Property Damage.
No person owning or having charge, care or custody of any animal shall permit such animal to damage or destroy the property of any person other than that of the owner of such an animal.
Parkways comprising the area between the street and sidewalk shall be included as private property for the purposes of this Chapter.
Animal Noises Prohibited.
No person shall keep, maintain or permit on any lot, parcel of land or premises under his or her control any animal which, due to any sound emitting from the animal, unreasonably disturbs the peace and comfort of the inhabitants of the neighborhood or interferes with the reasonable and comfortable enjoyment of life and property.
Prohibited animal noise includes, but is not limited to, dog barking or any other noise heard beyond the lot, parcel of land or premises where the animal is, for continuous period of thirty (30) minutes or more, or intermittent noise for period of sixty (60) minutes or more.
Unreasonable noise emitting from an animal in violation of this Chapter may be established by three (3) witnesses who do not live at the same address and who provide individual sworn declarations under penalty of perjury attesting to the time and nature of the unreasonable noise.
Excreta Nuisance Prohibited.
It shall be unlawful for the owner or person having charge, custody or control of any animal to permit, either willfully or through failure to exercise due care or control, to permit any animal to commit any nuisance by leaving its excreta and to allow such nuisance to therefore remain on any public sidewalk, public park or any other public property or on any improved private property other than that of the owner or person who has custody or control of such animal.
Unsanitary Animal Conditions Creating Nuisance Prohibited.
It shall be unlawful for the owner or person having charge, custody or control of any animal to permit, either willfully or through failure to exercise due care or control, to maintain any property, parcel, structure, home, facility or otherwise where the presence of any such animal creates a nuisance, including, but not limited to, conditions that are unhealthy to the animal or any human, results in offensive odors, creates an insect breeding reservoir, or any other condition that promotes disease or interferes with the comfortable enjoyment of life or property.
Tying Animals to Trees.
No person shall tie any animal to any shrub or tree growing along any public sidewalk or street of the City.
WILD, EXOTIC, NONDOMESTICATED ANIMALS
Permit Required.
No person shall keep or maintain any wild, exotic or non-domesticated animal within the boundaries of the cities served by the Authority without first obtaining a permit from the General Manager. In addition to all information required in the application, the applicant shall substantiate to the satisfaction of the General Manager the following facts:
That the wild/exotic or non-domesticated animal at the location proposed shall not jeopardize, endanger, or otherwise constitute a menace to the public health, safety or general welfare; That the proposed site is adequate in size and shape to accommodate the number and type of animals for which the permit is requested without harm to the animals or material detriment to the use, enjoyment or valuation of the property of other persons located in the vicinity of the site; and Is in compliance with applicable zoning regulations and other laws.
Fee
The fee for a wild/exotic or non-domesticated animal license shall be set by resolution of the city councils served by the Authority.
Wild Animals to be Confined.
No person owning or having charge, custody or control or possession of any wild/exotic or non-domesticated animal, or while operating any wild animal establishment, shall permit or allow the same to run at large upon public or private property in such a manner as to endanger the life or limb of any person lawfully entering such premises.
Temporary Display or Transporting Animals.
This article shall not apply to any wild/exotic or non-domesticated animal caged in a safe and humane manner while being transported through the cities served by the Authority or while such animal is within the cities served by the Authority under the control of a circus, carnival, traveling show, or collection of animals for exhibition licensed by the cities served by the Authority.
Revocation of Permit.
The General Manager may revoke any such permit for the violation of any of the provisions of this Chapter.
Keeping of Bees.
It shall be unlawful for any person to have, keep, or maintain any hive or swarm of bees within the City without a permit. The provisions of this section shall not apply to the keeping of bees within an educational institution for study or observation or within a physician's office or laboratory for medical research, treatment, or other scientific purposes, provided they are not permitted to fly at large.
Prohibiting Feeding of Wildlife
No person shall feed or in any manner provide food for non-domesticated mammalian predators such as coyotes (Canis latrans). This section shall also include a ban on feeding raccoons, foxes, skunks and opossums.
Prohibiting Feeding of Wildlife – Exceptions.
The following are exceptions to the prohibition set forth in Section 6.28.070:
When an owner is in legal possession of a non-domesticated animal that is kept under a valid license issued by the Authority or cities served by the Authority; or When a person provides food and water for a trapped, injured or un-weaned non-domesticated animal during the time the agency in charge is notified and the animal has been picked up.
Feeding of Wild Pigeons.
Definitions.
"Pier", for the purposes of this section, means the San Clemente Municipal Pier. "Feed" means purposely providing food, including but not limited to grain, seeds, greens, bread crumbs, and other miscellaneous food scraps intended for pigeon ingestion. "Wild pigeon" means the common pigeon, Columba Livia, also known as the Rock Dove, in its wild state.
Pigeon Feeding Prohibited. No person shall feed any wild pigeons on the San Clemente Municipal Pier.
Enforcement. The above Section is enforceable by San Clemente Police Services, Coastal Animal Services Authority or other authorized City of San Clemente employees or members of the Orange County Sheriff’s Department. Offenders are subject to fines.
Fine Schedule. For violations of this Section, a first offense shall be punishable by a fine of fifty dollars ($50.00) and a second offense within a period of one year, shall be punishable by a fine of one hundred dollars ($100.00) and a third or subsequent offense within a one-year period, shall be punishable by a fine of two hundred dollars ($200.00). Administrative Fines contained in Chapter 1.20 of the San Clemente Municipal Code shall apply.
HUMANE TREATMENT
Abandoning Animals.
It shall be unlawful to abandon any animal, dead or alive, within the City limits.
Poisoning Animals.
It shall be unlawful to place, leave, or expose, in any place accessible to any domestic animals with the intent to kill or harm such animals, any poisonous substance or ingredient, or any edible or any other substance or ingredient which has in any manner been treated or prepared with any poisonous substance or ingredient.
Unlawful use of Equipment.
It shall be unlawful to use any equipment, device, substance or material on animals that is, or could be, injurious or cause unnecessary cruelty to any animal.
Animals Struck by Vehicles.
Any person who, as the operator of a motor vehicle, strikes a domestic animal, shall render such assistance as may be possible and shall immediately report such injury or death to the animal's owner. In the event the owner cannot be ascertained and located, such operator shall attempt to obtain emergency care for the animal and immediately report the accident to the Authority.
Animals as Contest Prizes or Charitable Auction Items.
No person or charitable organization shall offer, give away or auction off any animal as a prize or item in any contest, lottery, drawing or charitable auction, nor shall any color, dye, stain, or any other substance be used to change the natural color of the above-described animals.
Animal Sales in Public Places Prohibited.
It shall be unlawful to offer for sale, exchange, or give away puppies or kittens in public places such as in front of stores, at swap meets, or auctions.
Unattended Animals.
It shall be unlawful to leave an animal unattended and without proper food, water, and shelter for a period of more than twenty-four (24) hours.
In addition to the prohibition contained in subsection A above, it shall also be unlawful to do any of the following:
Place a dog or allow a dog to remain on unoccupied property for a period of twenty-four (24) hours or more regardless of whether the dog is provided proper food, water and shelter. For the purposes of this section, "unoccupied property" shall mean the following:
Residential property which is not actually and legally being used as a residence at such time as the dog is on the property. Examples could include, but are not limited to, residential property currently under construction and residential property not then being resided in by a person who can be and is responsive to complaints about the animal disturbing the peace of the neighborhood.
Commercial property under construction or commercial property otherwise vacant.
Exceptions: Subsection (B)(1) of this Section shall not apply to the following:
The placement of a licensed guard dog on property once the licensed guard dog company obtains a permit from the city or its designee for the placement of guard dogs on the property; A dog remaining on the property of a resident who goes on vacation or otherwise temporarily does not occupy the property but leaves the animal under the care and supervision of another person who regularly checks on the animal at least once every twenty-four (24) hours and who can and shall be responsive to complaints about the animal disturbing the peace of the neighborhood, providing the period does not extend beyond twenty-one (21) days.
Dogs found in violation of this Section may be impounded by the Animal Authority until claimed by the property owner. The animal shall not be released until the property is legally occupied or other suitable arrangements acceptable to the Director are made for the placement of the animal. All related impound, storage or other fees must be satisfied before the release of the animal. In the event the property owner fails to claim the animal within ten (10) days of notification of impound, the animal shall be considered abandoned and shall automatically become property of the Authority.
Sale as Novelty Prohibited.
It shall be unlawful for any unlicensed business or person to:
Display, sell, offer for sale, barter or give away any rabbits, baby chicks, ducklings or other fowl as pets or novelties, whether or not dyed, colored or otherwise artificially treated; Sell, offer for sale, barter or display any rabbits, baby chicks, ducklings or other fowl which have been dyed, colored or otherwise treated so as to impart to them an artificial color; Sell, offer for sale, barter or give away rabbits, baby chicks or other fowl under two (2) months of age in any quantity less than six (6); Sell, offer for sale, barter or give away any rabbits, baby chicks, ducklings or other fowl unless such person provides proper brooder facilities for the care of such fowl during the time they are in possession of such person.
It shall be unlawful for any commercial animal establishment to sell or offer for sale any dog, cat or rabbit unless they are obtained from a shelter or rescue organization.
This Section shall not be construed to prohibit the display or sale of rabbits, baby chicks, ducklings or other fowl in proper facilities by dealers, hatcheries or stores engaged in the business of selling the same to be raised for food purposes.
Protection of Canines Utilized by Sheriff’s Department.
Recital. It is the intent of the City Council to protect canines utilized by the Sheriff’s Department from interference and harm while such animals are in use in the performance of functions or duties of the Sheriff’s Department.
Prohibited Conduct. It shall be unlawful for any person to willfully or maliciously tease, taunt, torment, strike, kick, mutilate, disable, or otherwise injure, or kill, or to unwarrantably interfere or meddle with any canine while such animal is being utilized by the Sheriff’s Department, or any officer, or employee thereof, in the performance of any function or duty of said department, or of such officer or employee.
ANIMAL SHELTER AND IMPOUNDMENT
Animal Shelter.
The San Clemente-Dana Point Animal Shelter shall serve as the animal shelter for the jurisdictions served by the Authority.
Animals Subject to Impoundment.
The General Manager or authorized agent may take into custody:
Any animal kept and maintained contrary to the provisions of this Title, any of the codified ordinances of the cities served by the Authority, any codified ordinance of the County of Orange or any California statute; Any animal running at large contrary to the provisions of this Title or any statute; Sick, injured, stray, unwanted animals, for which the owner or custodian cannot be found or is unable or unwilling to provide proper care; Animals quarantined for which no other place of quarantine is acceptable to the General Manager; Animals delivered or requested to be impounded by a peace officer, or public officer or employee as defined in Penal Code Section 836.5; Animals impounded pursuant to Section 6.20 of this Chapter; Any other animal authorized to be impounded pursuant to the provisions of this Chapter.
Transporting of Impounded Animals.
All animals taken into custody shall be humanely transported in specifically designed ventilated and properly maintained vehicles.
Retention of Animal Without Consent.
No person shall, without the consent of the owner, hold or retain possession of any animal without reporting the possession of such animal to the Authority within four hours, and giving his or her name, address, telephone number, if any, and a true description of the animal, and then surrendering such animal to the General Manager or authorized agent upon demand.
Unauthorized removal of Animal from Custody.
No person shall remove any animal from the custody of the Authority without permission from the General Manager or authorized agent to do so.
Licensed Animals – Period of Impoundment.
Animals wearing current valid license tags, which are impounded pursuant to the provisions of this Chapter, shall be held for a period of ten (10) working days. Said animals shall be held for redemption by the owner and not be declared abandoned unless: (a) the person to whom the current tag for such animal was issued so directs; (b) ten (10) working days have elapsed since such person was notified of his or her animal's whereabouts by telephone; (c) ten (10) working days have elapsed since the owner was notified by United States mail, first class postage paid, at such person's last known address, informing such person of the whereabouts of his or her animal; (d) where animals bearing a tattoo is found, and after ten (10) working days have elapsed, the tattoo registry and the Authority have made all efforts to notify the owner; (e) where other identification of any type is found, and after ten (10) working days have elapsed, the Authority has made all efforts to notify the owner. At the end of the ten (10) working-day period, animals not claimed by their owners may be declared abandoned by the General Manager and may be placed for adoption or disposed of in a humane manner according to the provisions of this Chapter.
Unregistered Animals – Period of Impoundment.
Impounded animals not bearing identification of any type may be deemed unregistered and shall be held in custody for a period of five (5) calendar days. At the end of the prescribed period, unregistered animals not claimed may be declared abandoned and may be placed for adoption or disposed of in a humane manner according to law.
Notification of Owner.
The General Manager or authorized agent shall attempt to notify owners of lost or impounded registered dogs or cats through public notice, private communication where the owner is known, or when a tattoo is found, notification of the tattoo registry.
Redemption of Registered Animals.
Registered animals may be redeemed by the owner or his or her authorized agent upon payment of the impound fees, care and feeding charges, and any veterinary costs.
Redemption of Unregistered Animals.
Unregistered animals may be redeemed by the owner upon payment of the registration fee, impound fee, care and feeding charges, any veterinary costs, and upon proof of rabies vaccination. Any person claiming ownership of any unregistered impounded animal shall be required to present proof of ownership satisfactory to the General Manager or his or her designee or authorized agent.
Adoption of Unredeemed Animals.
Any impounded animal that is not redeemed within period of time prescribed in the provisions of this Chapter may be considered abandoned and placed for adoption. Animals may be adopted by private individuals upon payment of a placement fee, rabies vaccination fee, animal registration fee, and a sterility deposit, if applicable.
Adoption by Approved Organizations.
Under special provisions, specific breed clubs and humane organizations approved by the General Manager shall have the option of adopting available animals for purposes of placement from the animal shelter.
Sheltering by Approved Organizations.
Specific animal clubs and humane organizations approved by the General Manager may be allowed to assume the responsibility of caring for lost and stray animals providing they have facilities for proper confinement, shelter and care of such animals. Such organizations shall notify the General Manager within four (4) hours after obtaining any animal so sheltered, giving a full description of the animal and any identification. Such organizations shall assume responsibility for placement of such animals in homes after sheltering them for a minimum of ten (10) days, during which time they shall make every attempt to locate and notify the owner.
Owner’s Right to Redeem Animal from Purchaser.
The owner of any impounded animal may, at any time, within thirty (30) days after adoption from the animal shelter, redeem such animal from the person who adopted the animal by paying him or her for the full amount paid to the Authority upon adoption of the animal, any vaccination costs incurred, and in addition thereto a sum equal to reasonable care and feeding charges per day for the number of days from the date of the adoption to and including the date of redemption by the owner.
Records of Impounded Animals.
The General Manager or authorized agent shall keep a record of each animal impounded, the date of receipt of such animal, the date and manner of disposal, and if redeemed, reclaimed or adopted, the name of the person redeeming, reclaiming or adopting such animal, the address and telephone number of such person, and the amounts of all fees received or collected for or because of the impounding, reclaiming or adoption thereof, together with the number of any tag, and the date of any registration issued upon the redemption or adoption of any such animal.
Euthanasia of Unredeemed Animals.
Animals may be euthanized in a humane manner as prescribed in the provisions of this Chapter and upon advice of the Animal Care and Evaluation Committee.
Research and Vivisection.
No animal may be donated or sold for the purpose of research and vivisection.
COMMERCIAL ANIMAL ESTABLISHMENTS
Permit Required.
No person shall conduct or operate within the cities served by the Authority any commercial breeding or boarding kennel or cattery, pet shop, commercial animal rescue shop, grooming parlor, commercial stable, riding academy, pony ride, guard dog and/or sentry dog service, zoo, animal menagerie, animal exhibition, rodeo, circus, pet show, miscellaneous animal or reptile establishment or operate as an animal dealer, without first obtaining a license from the Authority. Any permit issued under this Chapter is subject to compliance with all applicable State regulations and statutory requirements. For the purposes of this Section, guard dog and/or sentry dog services located outside the cities served by the Authority, but providing services within said cities on a regular basis shall be included.
Application.
Each application for a commercial license or permit required by this Chapter shall be in writing upon a form to be furnished by the Authority, and shall contain such information as the Authority shall require.
Fee.
A fee for a license or permit required by the provisions of this Chapter shall be set by resolution of the City Council served by the Authority, and shall be paid to the Authority before a license is issued. Thereafter, unless otherwise provided, each fee shall be paid annually in accordance with such resolution.
Investigation.
The General Manager or designee shall conduct an inspection of the intended business location and facilities and prepare a report for inclusion with the application for an original license or a renewal. He or she may issue a license to the applicant if he or she finds that:
The keeping of animals, or the conduct of operation of the business for which the license is requested and at the place set forth in the application, shall not violate any law or ordinance of the cities served by the Authority, or any law of the State; and The keeping of animals, or the conduct or operation of the business for which the license is requested, shall not endanger the health, peace or safety of the community; and The premises and establishment where animals are to be kept are in a clean and sanitary condition, and that animals shall not be subject to suffering, cruelty or abuse; and The applicant has not had a similar license revoked within one year prior to the application.
Duration of License or Permit.
Licenses and permits issued under the provisions of this Chapter shall expire on the date specified in the resolution of the City Council served by the Authority. The license or permit may be revoked or suspended for cause in accordance with this Chapter prior to the expiration date. The license or permit also becomes void if the holder thereof changes the location of his or her place of business or sells, assigns, transfers or otherwise disposes of such business or his or her interest therein for a period of thirty (30) days or more.
Renewal.
A completed application for renewal shall be submitted to the City's Animal Services Division within thirty (30) days after the expiration of the existing permit. Any business not complying with this Section shall be deemed a public nuisance and subject to abatement as well as misdemeanor prosecution under this Code.
Revocation or Suspension of License or Permit.
Any license or permit issued under the provisions of this Chapter may be revoked or suspended if the General Manager finds any of the following:
The licensee, his or her agent or employee, has been convicted of any offense involving the violation of Penal Code Sections 596, 597, 598 and 599 of the Penal Code of the State of California, or of any provision of this Chapter; The licensee, his or her agent or employee, has, at the place for which the license was issued, failed to provide any animal in his or her possession, care or control with proper and sufficient food, drink, shelter or protection, or subjected any such animal to suffering, cruelty or abuse; The licensee, his or her agent or employee, failed to maintain the premises in a clean and sanitary condition; The licensee, his or her agent or employee, has violated any rule or regulation made pursuant to the provisions of this Chapter; That the licensee has falsified facts on the license application. If a license has been denied or revoked for cause, the General Manager shall not accept a new application by the same person for the same activity at the same location within six (6) months after such denial or revocation, unless the applicant affirmatively shows and the General Manager, finds, by inspection and/or investigation, that the grounds upon which the first application was denied or the license was revoked no longer existed. On revocation of a license, no part of the fee is refundable.
Display of License or Permit.
All licenses and permits under the provisions of this Chapter shall be displayed in a conspicuous place on the licensed premises.
Animal Records.
The holder of a commercial kennel or grooming parlor license shall keep available for inspection on the premises a record that shall show the name, current address and telephone number of the owner of each animal kept at the kennel or parlor, the date such animal entered the kennel or parlor, description of the animal, including age, name, breed, sex, and color, and the name of a veterinarian approved by the owner.
Permitted Number of Animals.
At any time there are more animals than a kennel or cattery license allows, the person operating such kennel or cattery must obtain a new license permitting the keeping of the greater number of animals. The former license shall be canceled and a credit for the canceled license fee shall be allowed on the new license.
Rules and Regulations.
The General Manager may, in the rules and regulations promulgated pursuant to this Chapter, establish reasonable standards requiring any place for which a license is granted to be maintained in a clean, sanitary and humane condition. A copy of such rules and regulations shall be furnished to each applicant for a license on the filing of the application.
Emergency Information.
Each commercial establishment shall have posted in such a place as to be legible from the exterior of the building, names, addresses, and telephone numbers of persons to be notified in case of emergency.
Humane Animal Care.
Every person who owns, conducts, manages or operates any commercial animal establishment for which a license is required, shall comply with each of the following conditions:
No dog or cat under the age of eight (8) weeks shall be brought or shipped into the City for the purpose of resale and no such dog or cat shall be offered for sale by any pet shop or dealer.
Every puppy or kitten offered for sale must be examined by a State licensed veterinarian and be certified free of congenital defects, distemper, worms, skin disease, skin and ear mites, and other diseases or conditions which would be injurious to the animal or a potential owner.
Every dog or cat offered for adoption shall have been vaccinated against distemper, parvo virus enteritis, and feline pan leukopenia by a state licensed veterinarian. A certificate providing the name of the veterinarian and the date and treatment must be provided to the purchaser at the time of adoption; No animal shall be transported by a commercial kennel, pet shop, or dealer, whether by private or public means, unless housed in a container designed for that purpose including provisions for adequate ventilation and food and water.
No animals shall be without attention more than eighteen (18) consecutive hours.
Every reasonable precaution shall be used to ensure that animals are not teased, abused, mistreated, annoyed, tormented or in any manner made to suffer by any person or means.
Every animal establishment shall isolate sick animals sufficiently so as not to endanger the health of other animals.
Every building or enclosure wherein animals are maintained, shall be constructed of material easily cleaned and shall be kept in a sanitary condition. The building shall be properly ventilated to prevent drafts and to remove odors. Heating and cooling shall be provided as required, according to the physical needs of the animals, with sufficient light to allow observation of animals and sanitation.
Any owner and/or keeper of an animal shall take that animal to a veterinarian for treatment if the General Manager or designee finds that it is necessary in order to maintain the health of the animal and orders the owner and/or keeper to do so.
All animal rooms, cages, kennels, shipping containers, and runs shall be of sufficient size to provide adequate and proper accommodations and protection from the weather for the animals kept therein. As a minimum, sufficient space must be provided for every animal within an enclosure to separately and together, stand up, lie down, and turn around in a natural position.
No animals bearing evidence of malnutrition, ill health, unhealed injury or having been kept in an unsanitary condition shall be displayed to the public.
PRIVATE KENNELS, ANIMAL REFUGES, ANIMAL RESCUE OPERATIONS, AND SPECIALTY ANIMALS Permit Required.
A permit is required of any person owning or having custody of:
Four (4) or more licensed dogs or cats four (4) months of age or older; Any specialty animal; or
Any combination thereof.
Such persons shall file an application for a private kennel/cattery/animal refuge permit with the Authority in accordance with the provisions of this Chapter. Any permit issued under this Chapter is subject to compliance with all applicable State statutes and regulations.
Keeping of Specialty Animals within City Limits.
Specialty animals, in addition to any other requirements of this Title, shall be subject to the following:
The lot on which specialty animals are kept complies with the minimum lot size for the Zoning Code within which it is located and any other applicable Zoning requirements, including, but not limited to, those found in section 17.16.060 of this Code; Specialty animals are kept secured on-site under humane and sanitary conditions with adequate food, water, and shelter; and Pens, roosts, hutches, etc., for the animals are located at least one hundred (100) feet from the nearest adjacent structure.
Fee.
A fee not to exceed the cost of Authority services relating to dogs, shall be paid to the Authority for each license required by this Chapter as provided by resolution of the City Council served by the Authority.
Animal Records.
The holder of a private kennel/cattery or animal refuge shall keep available for inspection his or her permit and a record of all animals by name, breed, sex, color and age. In addition, he or she shall post in a visible place the name, address and telephone number of a family member with a different address, a veterinarian, or other party who can be contacted in case of emergency, to assume the care of the animals on the premises.
Application.
Each application for a private license or permit required by this Chapter shall be in writing upon a form to be furnished by the Authority, and shall contain such information as the Authority shall require.
Revocation of Permit.
Registration privileges for private kennels/catteries/animal refuges shall be revoked in all cases whose registrants are found guilty by a court of:
Inhumane and cruel treatment of animals;
Violations of health and sanitation codes;
Willful failure to notify owners of presence of their lost animals, to check for identification marks such as registered tattoos, refusal to return duly identified animals to their rightful owners; Failure to comply with mandatory vaccination or neutering provisions or implementation of other approved birth control measures for any animals prior to their release to new owners; Violation of noise and nuisance ordinances; or
False statement(s) on their application forms.
Compliance with Permitting Requirements.
Compliance with this Chapter is required, regardless of prior status under this Title or any other City ordinance, resolution, rule or regulation. All animals lawfully licensed and maintained under the provisions of this Chapter shall be permitted to live out their natural lifespan at the permitted location, except for good cause shown. The General Manager shall have the authority, in his or her sole discretion, to grant a grace period to any person or entity that was in compliance with previous versions of this Title of up to one year from the date this provision becomes effective for compliance with the provisions of this Chapter.
DISPOSAL OF DEAD ANIMALS
Disposal Dead Animals.
The owner of any animal that dies shall dispose of the carcass of such animal in a sanitary manner as prescribed by the General Manager or authorized agent within twenty-four (24) hours after said owner has knowledge of the animal's death. No person shall bury any dead animal in the cities served by the Authority unless approved by the General Manager. It shall be the duty of the General Manager or authorized agent to take custody of all dead animals from the owner when requested.
Notification of Owner.
Whenever deceased animals picked up by the Animal Services Officer carry identification of any kind, the owner shall be notified.
When Owner is Unknown.
The General Manager shall be responsible for the disposal of the dead animals whose ownership cannot be established.
Section 2. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this Ordinance, or any part thereof, is for any reason held to be invalid, such decision shall not offset the validity of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared invalid.
Section 3: This Ordinance shall take effect thirty (30) days from the date of its passage. Before the expiration of fifteen (15) days after its passage, this Ordinance shall be published in a newspaper of general circulation, printed and published in the City of San Clemente.
APPROVED AND ADOPTED this _____day of _________________, ________.
ATTEST:
_______________________________ ___________________________ City Clerk of the City of Steve Knoblock, Mayor of the San Clemente, California City of San Clemente, California
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN CLEMENTE )
I, Laura Campagnolo, City Clerk of the City of San Clemente, California, hereby certify that Ordinance No. 1797 having been regularly introduced at the meeting of _______________________, was again introduced, the reading in full thereof unanimously waived, and duly passed and adopted at a regular meeting of the City Council held on the _____day of _____________, _______, and said ordinance was adopted by the following vote:
AYES:
NOES:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of ______________________, ________. __________________________
CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:
____________________________
Elizabeth A. Mitchell, City Attorney
Ordinance No. 1797 Page 2
Attachment 1