ATTACHMENT 3
"Permit" means an authorization from the Gt-yAuthority or any city served by the Authoritv, stipulating conditions under which fl6flt!emesticatednon-domesticated animals may be kept in commercial and private establishments.
"Person" means any individual,..QL business, partnership, firm, joint stock company, corporation, association, societv, trust, estate-flf--, government agencv, other legal entity-awning, harboring, or keefHflg, 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 except for a licensed kenncl, that buys, for resale and/orsells or boardsat retail, any species of animal,
!.'.potentially Dangerous Animal" means either: (a) any animal w • • , P--} separate occasions within a tw�r (24) morrt-h-period, engages in aAV-GeHaWOr that reasoo-a-bly requires a f,€-l"�O take a defensive action to prevent boe-i�R-t:��ruma+-a-re off the property of #1€ (excluding dogs and/or or keeper o�nimal; or (b) any-aruffiiltWfH�p.revokee,mflicts a noA-El€ rnmimis physical injury to any person other than the cats) bred by others, whether as owner, agent, or on &angerous
consignment,
Animakffider
and/f>r keeper
this
,..,,J:ien-that
Chapter; or
physical
(c) any
injury
animal
is
whicR;-When
insuffic+€ffi-for
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the
1 animal
,oked, othenNise
to be considered
has caused
an Extfem.el.y
a nOfl-Ge
ffl+A+�AYSi-EaHnjury to a preperly restr-<Hfl-e&domesticated animal off the propertv of the owner and/or l,eeper of animal inflic�jury, but that physical injLHY has not resulted in�he injured animak that sells or offers to sell to the general public at retail. .'\n animal will not be declared to be Potentkl�Bgerous, or Extremely Dangerous if an injur-v to a person is sustaineEl--wJ:i.ile that per pass or other tort upon the premises 9€Wp.iee by the owner and/or keeper of the animal,af-when the person was teasing, tormenting, abt!5fRg,f)f �or
assaulting the ani�F-afle/e-F-k€€p.�F-Will
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an animal be
a person
declared
in the
to be
immediate
Potentially
vicinity
Dangef9l:l-5;
of the
Oaf\g€-F6t15,Extremely
animal from an unjustified attack or assault. Neither will an an.iffia+be declared to be Potentially Dangerous, Dangerous if pAY5kal injury was st.1stained by a domesticated animal which, at the tim€-ef �ing
tletentially
the injury, was
Daflgerous,
teasing,
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tormenting,
or
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ng, or assaulti�h-1\n
to
animal
the person
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while the person is
"Potentially
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in a fight
dog"
b��
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 any structumthe 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 chapterTitle, 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 {4-days.
Created: 2025-07-14 13:32:14 (EST]
(Supp. No. 63, Update 2)
"Private animal refuge" means owners and harborersharbourers 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, houses, four (4) or permits to be housed on his or her property fi,•e (S) or siic {€i)more dogs, and/or cats��n thereof each of WMrfl that are ovef-four f4+months of age 50lelyor 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" m-ea-F15-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=) __ �mo�l= =e�st=s passersby or passing vehiclest-� .1..:(b"-')'-----=att=ack"-'""'s other animals; change to any violation is a public nuisance. ,!!3c:
-
. --iTrrr�eS:ifp�afSS5jSee!s,1(£JC)1__Jtr_re�SHP!fa�s�se�s on school grounds; add to animals at large.
4.---45.i..:(d::..L)_--=is repeatedly at larget-0
S. Darnages(e) damages private or public property70 �nstitutes a (f) barks, whines. howls or makes any noise in an excessive. continuous or untimely fashion.
(gl 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 deg-or other noise making. (j) molests. attacks or interferes with persons or other domestic animals; or (hl 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§ €i.10.020(B)four months of this Code. age. "Quarantine" means the strict confinement of an animal upon the premises of the owner or elsewhere as approved by the General Manager.
"Registration." For purposes of this chapter, the term registration shall be used to describe a" means the method of identifying animals through an identification number at t:Rean animal shelter. It shall not be the same as a license.
Created: 2025-07-14 13:32:14 [EST]
{Supp. No. 63, Update 2)
"Restraint." A dog oF-€at--&RalJ...ae-€eff5-idered under restraint if it is" 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.
�'Veterinarian""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 which 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-"--m€ans any live mo�onhuman primate), raccoo�. 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, poisonous snal(e, leopard, panther, tiger, liofl;---Bff'€1snakes, leopards, panthers, tigers, lions, birds or any other ,..,,arm blooded-animal which can normally be found in the wild state.
"Zoo" means a collection of living animals for public display. "Zoological �-FkPark" means any facility, other than a pet shop or kennel, displaying or exhibiting one (1) or more species of ROfldomesticatednon-domesticated animals operated by a person, partnership, corporation or government agency.
(Ord. 1459 §§ 2, 3, 2008; Ord. 1140 §§ 2, 3 (part), 1994; prior code§ 17 1) (Ord. �Jo. 1493, § 1, 7 21 2009)
Created: 2025-07-14 13:32:14 (EST)
(Supp. No. 63, Update 2)
.!;L_G.--Any person authorized to enforce this Title may issue administrative citations to any person violating the provisions of this Title.
C. Any person authorized to enforce this Title may impound any animal as provided in this Title.
6.04.050 Interference.
No person shall interfere with, oppose or resist any authorized person charged with the enforcement of this Title while such person is law.fu.lly-engaged in the performance of his or her duties. Anyone who violates this section is guilty of a misdemeanor.
6.04.070 Violations.
A. 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.
B. 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.
C. 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, or as otherwise permitted by law.
6.04.090 Complaints.
Upon receiving a complaint from any person alleginga violation of this Chapter and upon receivingthe 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.
A. 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. ?2 to the "City" as an entity are replaced here with the "Authority." B.
t
The General Manager shall designate a hearing officer for the administraive 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 anv, shall not be directly or indirectly conditioned upon the amount of administrative citation fines upheld by the hearing officer.
C. 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.
D. 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.
E. The person contesting the administrative action or citation shall be given the opportunity to testify and present witnesses and evidence concerning the administrative citation.
F. Unless requested in advance by the person contest
ing 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.
G. 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.
H. 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.
I. 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.
J. 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.
K. 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.
L. 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.
A. 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.
B. 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.
C. If the hearing officer determines that the administrative citation should be canceled, the City shall refund the amount of the deposited fine.
D. 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.
Created: 2025-07-14 13: 32: 14 [EST)
(Supp. No. 63, Update 2)
Title 6 - ANIMALS
Chapter 6.08 ANIMAL CONTROL REGULATIONS GENERALLY
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.
6.08.040 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.
6.08.050 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 not
ified 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.
6.08.060 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.
6.08.070 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.
6.08.080 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.
6.08.090 Animal Contacts with Known or Suspected Rabid Animals. i.08.010 Registratien ef Eats.
Cats over four 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:
San Clemente, California, Code of Ordinances
(Supp. No. 63, Update 2)
Created: 2025-07-14 13:32: 15 [EST)
6.12.030 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.
6.12.040 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.
6.12.050 Working Dogs.
A working dog�oerforming 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.
6.12.060 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.
6.12.070 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."
Chapter 6.20 POTENTIALLY DANGEROUS AND VICIOUS DOGS
6.20.010 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.
6.20.020 Determination of Potentially Dangerous or Vicious Dog.
A. 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:
Created: 2025-07-14 13: 32: 15 (EST]
(Supp. No. 63, Update 2)
(Ord. No. 1566, § 1, 5 7 2013)
e,08.H0 Beware of dog notice.
WAenever the Animal Services Program Manager receives a report of a dog with a disposition of propensity to attack or bite-any person or animal without t}ffil,'6cation, the Animal Services Program Manager can require a sign to be placed by the owner stating the fo��eware of Dog." {Ord. 1163 § 64, 1995: prior code§ 17 78)
�FR£-the
€i.08.140 Sale or disposal of unclaimed animals.
�e-an+m.,1
animal or animals impoAAGC€1�rtiae-wftfl.i.A-fi.ve (5) days or if a person d0€5 or animals but fails to pay th�c-nses as pFe-Vi-ae€1--�tfons 6.44.090 ;ind/or 6.44.100 of t:A+S-€e€1e,-tfle Animal �o�1anager shall proceed to sell or cause to be sold such animal or animals, e><cept bovme-ef-eEJtlfne, at public sale in accordance with general proceGU-Fe pi:evi-ded in the la,..,, concerning the sale or e><ecution of personal property. g,.... ___ l.f .. #1€-afl+rna4fH�d-u»der this chapter is of a value less than ten dollars ($10.00) as determined by the Animal
�fttnn�pt
Services Program Manager and has not been claimed, the Animal Services Program Ma-nagef--ffiJ-\/ bovine and �ithout notice. In the alternative, the
An-iffia.1-Services ProgF-am Manager may dispose of sakl-;inimal, e>1ce-pt bovine or equine, in a humane manner.
{Gf&.-1-1-e-�5, 1995: prior code§ 17 79)
6.28.070 6,08.1§0 Prohibiting Feeding of feral f)igeens.Wildlife No person shall feed or in any manner provide food for non-domesticated mammalian predators such as coyotes /Canis latransl. This section shall also include a ban on feeding raccoons. foxes. skunks and opossums.
6.28.080 A, Prohibiting Feedingof Wildlife Exceptions.
A. 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.
B. 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.
6.28.090 Feeding of Wild Pigeons.
A,__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. "-FefalWild pigeon" means the common pigeon, Columba ii-vtalivia, also known as the Rock Dove, in its wild state.
L__B,-Pigeon Feeding Prohibited._No person shall feed any fefalwild pigeons on the San Clemente Municipal Pier.
Created: 2025-07-14 13:32:15 [EST]
(Supp. No. 63, Update 2)
The following are exceptions to the prohibition set forth in Section 6.28.070: