HomeMy WebLinkAbout07-16 - Animal Regulations and Section 12-42 Relating to DogsORDINANCE NO. 07-16
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA AMENDING TITLE 3 OF THE COSTA
MESA MUNICIPAL CODE RELATING TO ANIMAL
REGULATIONS AND SECTION 12.42 RELATING TO
DOGS
WHEREAS, many of the City's ordinances relating to animal regulations were
adopted over twenty years ago and need to be updated; and
WHEREAS, the City of Costa Mesa has evolved from a more rural community to
a mostly urban environment; and
WHEREAS, new state laws have been enacted, affecting local ordinances; and
WHEREAS, since existing ordinances are inadequate to protect public health
and safety, an overhaul of the City's animal regulations is needed to address such
deficiencies.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA
DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Title 3 of the Costa Mesa Municipal Code is hereby amended to
read as follows:
TITLE 3
ANIMAL REGULATIONS
CHAPTER I. IN GENERAL
Sec. 3-1. The following words, terms and phrases, when used in this title, shall have the
meanings ascribed to them, except where the context clearly indicates a different
meaning:
(a) Animal: Any vertebrate creature, domestic or wild.
(b) Bee: Any insect of the superfamily Apoidea in the order Hymenoptera
characterized by sucking and chewing mouthparts for gathering nectar and
pollen.
(c) Bird: Any of the class Aves of warm-blooded vertebrates distinguished by
having the body more or less completely covered with feathers and the
forelimbs modified as wings.
(d) Cat: Any Felis catus, over four months of age.
(e) Dog: Any Canis familiaris, over four months of age.
(f) Domesticated animal., Any animal trained or adapted to live in a human
environment and be of use to humans.
(g) Kitten: Any Fells catus, under four months of age.
(h) Livestock: Horses, ponies, stallions, colts, geldings, mares, sheep, rams,
Iambs, bulls, bullocks, steers, heifers, cows, calves, mules, jacks, jennets,
burros, goats, kids, swine, and poultry.
(i) Nondomesticated animal: Animals normally found in the wild state which are
being kept for exhibition purposes or as private pets.
Q) Person: Any individual, partnership, corporation, trust or association.
(k) Poultry., All domesticated fowl and all game birds which are held in captivity.
(1) Puppy.., Any Canis familiaris, under four months of age.
(m)Reptile: Any of the various cold-blooded, usually egg -laying vertebrates of the
class Reptilia, such as a snake, lizard, crocodile or turtle, having an external
covering of scales or horny plates and breathing by means of lungs.
Sec. 3-2. "Animal control officer' shall mean any person employed, under contract or
appointed by the City who is charged with the duty of enforcing the provisions of this
title and all state laws relating to animal regulations.
Sec. 3-3. "Business establishments" shall mean any commercial enterprise lawfully
engaged in the sale, treatment or care of animals.
Sec. 3-4. "City health officer' includes any person appointed by the city council as such,
and also the Orange County health officer when designated as the city health officer
and acting as such for and on behalf of the city.
Sec. 3- 5. "Keep" defined.
Whenever the word "keep" is used in this title, it shall mean and include having custody
or control of, maintaining, harboring, or exercising.
Sec. 3- 6. "Owner"
shall include any person who has possession of, harbors, has charge of, has control of,
keeps or maintains any deg -of animal in the city.
Sec. 3- 7. "Stray animals" shall include any animal which is lost, roaming or wandering
in the city.
Sec. 3-8 — 3-10. Reserved.
Sec. 3-11. Liability of city.
Neither the city nor any of its officers, employees or agents shall be liable for any injury
suffered or disease contracted by any animal while being captured, seized, transported
or impounded pursuant to this title.
Sec. 3-12. Nuisances generally
(a) 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,
any such animal, to commit any nuisance by leaving its feces and to allow said feces to
thereafter remain on any public sidewalk, public gutter, public park, public street, 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.
(b) The provisions of this section shall not apply to a disabled or vision impaired
person whose disability or impairment would prevent the picking up of the feces, nor to
a person using a dog trained in rescue while engaged in a city -recognized emergency
or rescue activity.
Sec. 3-13. Keeping of livestock prohibited.
No person shall keep any livestock within the city unless an application is made to the
police chief for a Special Animal Permit as set forth in Chapter VII of this title and is
granted. This shall not apply to the Orange County Fairgrounds and Exposition Center.
Sec. 3-14. Keeping more than five animals.
It shall be unlawful for any person to keep, possess or harbor more than five -animals
over the age of four (4) months on any premises, except on a business establishment
premises on which a licensed business is operated, providing for the keeping of
animals. Any person desiring to keep or maintain any animals in excess of the allowed
number may make application to the police chief for a permit as set forth in Chapter VII
of this title.
Sec. 3-15. Running at large generally.
(a) No person having control, charge or custody of any animal shall permit the same
to stray or run or be at large in or upon any public street or other public place within the
city, or upon any private road or upon the premises of another without the permission of
the owner of such premises, and any such animal found at large in any such place may
be impounded as herein provided.
(b) It shall be unlawful for any person who owns, or is in charge of, or possesses any
animal to permit, allow, or cause the animal to run, stray, or be uncontrolled in violation
of this title so that the animal bites, attacks, or causes injury to any human being or
other animal.
(c) Any animal running at large creating an annoyance or endangering public health
or safety which cannot be seized for impoundment by ordinary means may be
summarily destroyed by the animal control officer or a police officer.
Sec. 3-16. Noisy animals.
No person shall keep, maintain or permit on any lot or parcel of land under his control
any animal which, by any sound or cry disturbs the peace and comfort of the inhabitants
of any neighborhood, or interferes with any person in the reasonable and comfortable
enjoyment of life or property.
Sec. 3-17. Fences and outdoor enclosures, requirements.
Where a fence or outdoor enclosure is used to confine an animal in order to comply with
a provision of this title, the structure must be adequate to contain the animal and to
prevent the animal from sticking its muzzle or body over or through the structure. The
structure must be constructed so that the animal cannot escape by any means, must be
of sufficient strength and stability so that it cannot be broken down by any action of the
animal and must prevent entry by children. Fences or gates providing access to
unsecured portions of the property must have a self-closing and latching mechanism to
prevent the animal from escaping the secured fenced area.
Sec. 3-18. Keeping bees.
It shall be unlawful for any person to have, keep or maintain any hive or swarm of bees
within the City. 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.
Sec. 3-19. Harassing police dogs.
No person shall strike, threaten to strike, tease or harass any official police dog while
any such dog is in the company of a peace officer or is located within an official police
vehicle or police kennel.
Sec. 3-20. Reporting bites, scratches or injuries.
Any person having charge, control, custody or possession of any which bites, scratches
or injures any person or other animal shall, immediately after becoming aware of such
fact, notify the police department. Notification shall include the date, time and place of
the incident, a description of the animals involved, and the name and address of any
person who was a victim of the incident.
Secs. 3-21--3-50. Reserved
CHAPTER W II. CITY POUND AND IMPOUNDMENT
Sec. 3-51. Establishment of pound.
The city shall arrange for an animal shelter or pound facilities either through private
sources, the County of Orange, in joint powers or contracts with other cities or as its
own facility, and said institution shall be deemed the city pound for purposes of this title.
The fees to be levied for pound services under this title shall be charged, due and
payable in the sums and manner as set forth in the rules governing said pound;
provided that same are not greater than as established for like services to other cities in
the County of Orange.
Sec. 3-52. Impoundment authorized.
Animal control officers may take into custody
(a) Any animal kept or maintained contrary to the provisions of this Code, any
regulation adopted thereunder, or any California statute.
(b) Animals running at large, contrary to the provisions of this Code or any statute.
(c) Sick, injured, stray, unwanted animals, for which the owner or custodian cannot
be found, or is unable or unwilling to provide proper care.
(d) Animals quarantined for which no other place of quarantine is acceptable to the
animal control officer.
(e) Animals delivered or requested to be impounded by a peace officer, or public
officer or employee as defined in penal code section 836.5.
(f) Any wild animal found to be at large upon any public property, or upon request of
the owner or tenant, found to be at large upon private property.
(g) Animals impounded pursuant to section 3-165 of this Code.
(h) Any other animal authorized to be impounded under this division.
The animal control officer may place animals which he takes into custody in the city
animal shelter or other facility designated by him, except that animals impounded
pursuant to subparagraph (f) above, may be summarily destroyed.
Sec. 3-53. Disposition of impounded licensed or permitted animals.
Any impounded animal which is licensed or for which a permit has been issued may be
redeemed by the owner upon payment of impoundment fees and care and feeding
charges, upon proof of rabies vaccination, if applicable, and upon payment of any fines
owed pursuant to California Food and Agricultural Code section 30804.7. The owner
shall immediately be noted by person or by mail that the animal has been impounded.
If the animal is not redeemed within the time period established by the pound, it shall be
deemed abandoned and may be sold, released or destroyed; provided that said time
limits, as established, are no different than those of other cities utilizing said pound
facilities.
Sec. 3-54. Disposition of impounded unlicensed animals.
Any impounded animal for which a license or special permit has not previously been
issued, may be redeemed upon payment of the license fee and/or Special Animal
Permit, if required, all impoundment fees, care and feeding charges and upon proof of
rabies vaccination, if applicable, and upon payment of any fines owed pursuant to
California Food and Agricultural Code section 30804.7. If the owner is known, he shall
be immediately notified that his animal has been impounded. If such animal is not
redeemed within the time period established by the pound it shall be deemed
abandoned and may be sold, released or destroyed; provided that said time limits, as
established, are no different than those of other cities utilizing said pound facilities.
Sec. 3-55. Notice to police required when taking possession of animal at large.
No person shall feed, nor in any manner provide food or cause to be fed, or take
possession of any animal found wandering, roaming or running at large in the city,
without notifying the police department within four (4) hours after discovering, capturing
or receiving possession, giving a full description of the animal and the address of the
place where the animal may be found. Such person shall, upon request of the police
department, surrender such animal to it.
Sec. 3-56. Unauthorized removal from pound.
No person shall remove, cause to be removed or attempt to remove any animal which is
impounded in the city pound without first obtaining the consent of the animal control
officer to do so.
Sec. 3-57. Interference with animal control officer.
No person shall interfere with, oppose, or resist the animal control officer in the
performance of his/her duties and in the enforcement of any provision of this title.
Secs. 3-58-3-83. Reserved
CHAPTER III. RABIES CONTROL
Sec. 3-84. Duty to report bites and scratches by species subject to rabies.
Any person having knowledge of anyone having been bitten or scratched by an animal
of a species subject to rabies (all warm-blooded animals) shall immediately notify the
police department.
Sec. 3-85. Impoundment and quarantine authorized.
The animal control officer is hereby empowered to enter upon any private property
where any animal is kept, which animal is alleged to have bitten any person or animal,
to inspect or seize and impound such animal for a period prescribed by state law or by
the health officer, and may, in lieu of impounding said animal require the owner thereof,
by a notice in writing personally served upon such owner, to quarantine said animal for
such period. The animal control officer shall immediately quarantine any animal infected
with or believed to be infected with rabies.
Sec. 3-86. Notification of health officer.
The animal control officer shall promptly notify the city health officer of the location and
description of the animal having or suspected of having rabies, and shall supply the city
health officer with the names and addresses of the persons who have been bitten,
scratched or had other contact with such animal.
Sec. 3-87. Place of quarantine; costs.
The animal control officer shall determine the place of quarantine. The place may be on
the premises of the owner of such animal, at a commercial kennel, veterinary kennel or
hospital or city pound. The owner of any animal placed in quarantine by the animal
control officer shall be liable for all costs incurred in the quarantine of such animal.
Sec. 3-88. Quarantined animals at large.
No owner of any dog or animal in quarantine shall permit quarantined animals to be at
large.
Sec. 3-89. Removing quarantined animals.
No owner or person, either by himself or through his agent, shall remove any animal
from quarantine from any place in which such animal has been quarantined without the
consent of the animal control officer and the health officer.
Sec. 3-90. Destruction of rabid animals.
If, upon examination, the city health officer determines that any animal is afflicted with
rabies, he may rause such animal to be immediately destroyed; provided, however,
when any animal shall be known to have bitten, scratched or otherwise is believed to
have exposed any person or animal to rabies, such animal shall be quarantined for such
period of time as may be prescribed by state law or by the health officer.
Sec. 3-91. Skunks.
Because of the presence of rabies in skunks in California, it shall be unlawful for any
person to do any of the following: Trap or capture skunks for pets; or trap, capture, or
hold skunks in captivity for sale, barter, exchange, or gift; transport skunks from or into
the city except by permit from the California State Department of Health Services to a
recognized zoological garden or a research institution.
Secs. 3-92--3-101. Reserved
CHAPTER IV. DOGS
ARTICLE 1. GENERALLY
Sec. 3-102. Licenses; reduced fees.
(a) Every person who owns, possesses, keeps, or harbors a dog of whatever sex
over the age of four (4) months within the city shall pay to the city an annual license fee,
to be set by a resolution of the city council, for each dog. Every such person whose dog
has been spayed or neutered shall pay one-half of the applicable license fee; provided,
however, that said person can present a certificate of sterility issued by a licensed
veterinarian.
(b) Any dog which cannot be spayed or neutered for health reasons shall, upon
proof of this fact in writing from a licensed veterinarian, be required to pay one-half the
applicable license fee.
(c) Senior citizens over 62 years of age may register their dogs at one-half of the
applicable license fee.
Sec. 3-103. Issuance, contents of license; record.
The city shall deliver to the person making such payment a license which shall describe
the dog, together with a seal or tag having thereon the number of such license. The city
shall keep a record of the name of the owner and a description of the dog licensed.
Sec. 3-105. License delinquency date; additional fee.
Licenses shall become delinquent thirty (30) days following the date on which they are
due, and all delinquent licenses shall be subject to the payment of a penalty in an
amount to be set by resolution of city council in addition to the license fee.
Sec. 3-106. Collection, disposition of fees.
a) The license collector, animal control officers and any other designated personnel
are each authorized to collect dog license fees.
(b) All license fees collected pursuant to the terms of this chapter shall be paid into
the general fund of the city.
Sec. 3-107. License fee exemptions.
No license fee shall be required for the following:
(a) Guide dogs for the blind, signal dogs for the hearing impaired and service dogs
for the physically disabled registered and identified pursuant to Food and Agricultural
Code sections 30850-30854. For the purpose of this subsection, an individual shall be
considered to be disabled if he or she is unable to engage in substantial gainful activity
by reason of any medically determinable physical or mental impairment which can be
expected to result in death or to be of long continued and indefinite duration.
(b) Dogs honorably discharged from the Armed Forces of the United States of
America.
c) Dogs in the care, custody and control of nonresidents who are traveling through
the city or temporarily staying in the city for a period not exceeding thirty (30) days, or
dogs temporarily brought into the city for the exclusive purpose of being entered in a
bench show or dog exhibition, provided such dogs are so entered and not kept
elsewhere in the city.
(d) Dogs used in crime detection or apprehension by public officers.
(e) Dogs housed in a duly licensed pet shop prior to sale.
(f) Dogs owned by any duly licensed kennel operator.
Sec. 3-108. Tag, collar required; license not transferable.
The person licensing a dog shall attach the tag to a collar or harness and shall cause
such collar or harness with the attached tag to be kept on such dog at all times.
Licenses shall not be transferable or refundable.
Sec. 3-109. Replacement tags.
In the event any registration tag is lost or destroyed, replacement may be obtained upon
showing such proof as may be required and upon payment of the replacement fee in an
amount set by city council resolution.
Sec. 3-110. Unauthorized removal of tags.
No unauthorized person shall remove from any dog any collar or harness or other
device to which is attached a license tag or remove such license tag from any dog.
Sec. 3-111. Improper license tagging.
No person shall attach any current license tag to any dog, which tag was not issued to
the dog, or shall remove a tag from any dog which is the property of another, or shall
counterfeit or imitate a dog tag, or attach a counterfeit or imitation tag to any dog.
Sec. 3-112. Leash required; enforcement.
No person having the care, charge or control of any dog shall permit or allow the dog to
be present upon any street, alley, park or public place in the city unless such dog is
securely restrained by a leash or chain not exceeding six (6) feet in length and to be
held by that person. Any police or other city enforcement officer may order that the
owner or person having the care, charge or control of any dog determined to be in
violation of this section shall immediately remove such dog from the street, alley, park or
public place.
Secs. 3-113--3-120. Reserved
ARTICLE 2. VACCINATION
Sec. 3-121. Defined.
The word 'vaccination" shall mean the inoculation of a dog with a vaccine approved by
the Orange County health department.
Sec. 3-122. Required.
Every person who owns, possesses, or harbors any dog shall have such dog
vaccinated against rabies by a duly licensed veterinarian, or some person under his
supervision, in accordance with the following:
(1) Primary immunization. Primary immunization or initial immunization shall be
defined as the first rabies vaccination administered to dogs after the age of four (4)
months and prior to twelve (12) months, as required by California Health and Safety
Code, section 121690.
(2) Revaccination intervals. Dogs shall be vaccinated one year (12 months) after
the primary immunization. Thereafter dogs shall be revaccinated at least once every
three years (36 months). If the primary immunization was done after the dog reached
the age of twelve It 2) months, then the revaccination shall be at least once every three
years (36 months).
A dog may not be licensed prior to vaccination, and the period of vaccination
must last the length of the full term of the licensing period. A revaccination may not be
ordered sooner than twelve (12) months following a primary immunization nor sooner
than twenty-four (24) months for a dog over the age of twelve (12) months.
Sec. 3-123. Vaccination upon importation.
Every person who brings into the city a dog which has not been vaccinated with the
approved vaccine as herein prescribed: (a) within twelve (12) months prior to the
importation, for dogs between the ages of four (4) months and twelve (12) months; or
(b) within thirty (30) months prior to the importation, for dogs over the age of twelve (12)
months, shall have such dog vaccinated within seven (7) days from and after its arrival
in the city. A certificate of vaccination issued by a duly licensed veterinarian, or person
under his direct supervision, from any other jurisdiction, establishing vaccination of the
speck dog with an approved vaccine may be accepted, provided it is within the interval
prescribed by this section.
Sec. 3-124. Exception.
The vaccination requirement in this article shall not apply to a dog where a certificate
has been issued by a duly licensed veterinarian doing business in the County of Orange
setting forth that the giving of the inoculation would endanger the life of the dog. In such
an event, the dog shall be confined at all times within the premises of the owner or
within a motor vehicle owned by or under the supervision of the owner of such dog.
Sec. 3-125. Veterinarian's certificate required.
Every duly licensed veterinarian, or person under his direct supervision, after
vaccinating any dog, shall sign a certificate in triplicate containing the following
information:
(a) The name, address, and telephone number of the owner or harborer of the
vaccinated dog.
(b) The type of rabies vaccine administered, the name of the manufacturer, the lot
number of the vaccine, and the date of immunization.
(c) The year, number of dog license tag, and name of city where issued or, in the
event the dog has not previously been licensed, a notation to that effect.
(d) A description of the vaccinated dog, including breed, color, age, and sex.
Such veterinarian, or person under his direct supervision, shall immediately
present the original certificate to the owner, possessor, or harborer of the dog, shall
deliver the duplicate copy of the certificate to the Orange County Health Department,
and shall retain the triplicate copy thereof.
Sec. 3-126. Display of certificate.
No person who owns, possesses, keeps or harbors any dog shall fail or refuse to exhibit
the certificate required by section 3-125 upon demand of any person charged with
enforcement of this chapter.
Sec. 3-127. Stolen or counterfeit certificate.
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No person shall make use of or have in his possession or under his control a stolen,
counterfeit or forged vaccination certificate or license tag.
Sec. 3-128. Authority, duties of health department.
In furtherance of the program of the city for vaccination of dogs against rabies, the
Orange County health department is authorized to:
(a) Approve of such vaccines as it may find suitable for such use, designate
approved vaccines and file a statement of such approval with the office of the
city finance department as a public record.
(b) Change said approved vaccines when as a result of experience, research,
practice or tests it finds that new or different vaccine is suitable for such use,
and designate such changes and file them in the office of the city finance
department as a public record.
(c) Prescribe the form of certificate to be used by duly licensed veterinarians, or
persons under their direct supervision, under the provisions hereof and to
distribute such form of certificate to duly licensed veterinarians practicing in this
city upon request.
Secs. 3-129-3-140. Reserved
CHAPTER V. NONDOMESTICATED ANIMALS
Sec. 3-141. Defined generally.
The term "nondomesticated animal" shall mean and include any animal whose natural
habitat is other than the domicile of man and shall not be construed to include cats and
dogs. The term 'bats" shall not include lions, tigers, leopards, pumas, cheetahs,
bobcats, panthers or any other branch of the cat family, except household cats.
Sec. 3-142. Reptiles considered nondomesticated.
All poisonous snakes and lizards, constrictors, glia monsters, alligators, crocodiles and
other poisonous or dangerous reptiles shall be deemed nondomesticated under the
terms of this title.
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Sec. 3-143. Birds considered nondomesticated.
All birds, except canaries, cockatoos, parakeets, finches, pigeons, parrots and myna
birds, shall be deemed nondomesticated under the terms of this title.
Sec. 3-144. Allowing to run at large.
No person owning or having charge, custody, control or possession of any
nondomesticated animal shall permit or allow the same to run at large upon any
highway, street, lane, alley, court or other public place, or upon any private property, or
on or within the premises of such person in such manner as to endanger the life or limb
of any person lawfully entering such premises.
CHAPTER VI. SPECIAL ANIMAL PERMIT
Sec. 3-145. Permit required to keep.
Except as hereinafter provided, no person shall keep, maintain or have in his
possession within the city any nondomesticated or other prohibited animals without first
obtaining a permit from the police chief as hereinafter provided.
Sec. 3-146. Application for permit.
An application for a permit required pursuant to this chapter shall be made in writing to
the police chief upon a form furnished by the city, and shall be accompanied by an
application fee in the amount set by city council resolution. The application shall be
verified by the person who desires to keep, maintain or have in his possession or under
his control in the city, the nondomesticated or other prohibited animal for which a permit
is required, and shall set forth the following:
(a) Name, address and telephone number of the applicant.
(b) The applicant's interest in such nondomesticated or other prohibited animal.
(c) The proposed location, and the name, address and telephone number of the
owner of such location, and of the lessee, if any.
(d) The number and general description of all animals for which the permit is
sought, as well as all other animals being or to be housed at the location.
(e) Any information known to the applicant concerning vicious or dangerous
propensities of all such animals.
(f) The housing arrangement for all such animals with particular details as to
safety of structures, locks, fencing, etc.
(g) Safety precautions proposed to be taken.
(h) Noises or odors anticipated in the keeping such animals.
(i) Prior history of incidents concerning the public health or safety, involving any of
such animals.
Q) Proof that the animal has been immunized against rabies if known to be
susceptible to or a carrier of rabies.
(k) Any additional information required by the police chief at the time of filing such
application or thereafter.
Sec. 3-147. Issuance of permit; conditions authorized; annual fee.
(a) The police chief may issue a permit for the keeping of any animal if he
determines that such animal, may be kept or maintained without menacing the safety of
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any person or property; provided, however, that the police chief may impose such
conditions in granting a permit as he may deem necessary to protect the public and the
animals and may limit the tens of such permit.
(b) Within ten (10) days of notification of the issuance of a permit to keep a
nondomesticated or other animal, the owner shall pay to the city an annual permit fee
for each such animal, in an amount to be set by resolution of the city council.
Sec. 3-148. Notice of action on permits.
The applicant shall be noted in writing of the action of the police chief in either granting
or denying the permit, and if the application has been denied, the notice shall advise the
applicant of his right to appeal to the city council. Service of the notice may be made by
personal service or by registered mail. If service is made by mail, it shall be deemed
complete upon deposit in the United States Mail directed to the applicant at his latest
address shown on the application.
Sec. 3-149. Revocation, suspension of permit.
The police chief may, for good cause, revoke any permit or modify any terms or
provisions thereof, after informal hearing, and may, in the event it is reasonably
necessary to protect against an immediate threat to the public health or safety, suspend
any permit or portion thereof without hearing for a period not to exceed thirty (30) days.
The permittee shall be given at least three (3) days' prior written notice of any such
hearing.
Sec. 3-150. Commercial establishments.
Commercial establishments possessing such nondomesticated animals for the purpose
of sale or display may replace the same with others of the same kind, but the number of
each shall not be in excess of the number allowed by the terms of such permit. Such
establishments may, in the discretion of the city, be granted a permit for such numbers
of each kind of nondomesticated animals, birds or reptiles as do not exceed the
maximum such establishments estimate will be maintained by them in the city at any
one time during the period of the permit. Such permit shall require the immediate
notification of the police chief upon the acquisition of any nondomesticated animal
having a prior history of any incident involving the public health or safety, or resulting in
any bodily injury or property damage.
Sec. 3-151. Appeals from action of police chief.
(a) If any person is aggrieved by any action of the police chief taken pursuant to
this chapter, such person may appeal to the city council by filing with the city clerk a
statement addressed to the city council setting forth the facts and circumstances
regarding the action or failure to act on the part of the police chief. The city clerk shall
notify the applicant in writing by registered mail of the time and place set for hearing his
appeal. The city council shall hold a hearing and determine the merits of the appeal,
and may sustain, overrule or modify the action of the police chief. The decision of the
city council shall be final.
(b) The right to appeal to the city council from any action or decision of the police
chief under this chapter shall terminate upon the expiration of fifteen (15) days following
the giving of notice to the applicant advising him of the action of the police chief.
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Sec. 3-152. Exceptions.
The following persons are not required to obtain a special animal permit as provided in
this chapter:
(a) Owners who use animals for diagnostic purposes or research, and who have a
valid permit issued by a governmental agency and whose animals are kept on
the premises specked in the permit.
(b) Owners who use animals for teaching purposes in recognized educational
institutions and whose animals are kept on the premises of the institution or
other authorized place.
(c) Owners of establishments which treat or board animals on the premises and
which are owned or operated by veterinarians licensed by the State of
California.
(d) Owners of establishments licensed to keep animals for the purpose of resale
whose animals are kept on the premises of such establishment or other
authorized place.
Former section renumbered. (See Sec. 3-20)
Secs. 3-153--3-163. Reserved
CHAPTER VII. AGGRESSIVE, POTENTIALLY DANGEROUS and VICIOUS ANIMALS
Sec. 3-164. Defined.
(a) Potentially dangerous animal., means any of the following
(1) Any animal that menaces, chases, displays threatening or aggressive
behavior or otherwise threatens or endangers the safety of any person or domestic
animal.
(2) Any animal that due to a combination of size, strength and aggressiveness,
as demonstrated by aggressive or threatening behavior directed against a person or
animal at a place and time where the person or animal was conducting themselves
peaceably and lawfully, would constitute a substantial danger to the life or safety of
people or animals if not subject to the potentially dangerous animal provisions of this
article.
(3) Any animal that aggressively bites or causes physical injury to any person
or domestic animal.
(b) Vicious animal., shall mean any animal which has bitten a person or animal
without provocation, thereby killing or inflicting severe injury upon its victim or, which
menaces, attempts to bite or attack any person or animal without provocation, more
than once within a twelve (12) month period, or which habitually does any other act
which reasonably endangers the health or safety of any person, or which habitually
damages or destroys property.
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(c) Severe injury means any physical injury to a human being that results in muscle
tears or disfiguring lacerations or requires multiple sutures or corrective or cosmetic
surgery.
(d) No animal may be declared potentially dangerous or vicious If any 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
keeper of the animal, or was teasing, tormenting, abusing or assaulting the animal, or
was committing or attempting to commit a crime. No animal may be declared potentially
dangerous or vicious if the animal was protecting or defending a person within the
immediate vicinity of the animal from an unjustified attack or assault. No animal may be
declared potentially dangerous or vicious if an injury or damage was sustained by a
domestic animal which at the time the injury or damage was sustained was teasing,
tormenting, abusing, or assaulting the animal.
Sec. 3-165. Restraint.
Whenever an animal suspected of being potentially dangerous or vicious is reported,
the circumstances shall be investigated and if it is found that such animal has done any
of the acts or shown a disposition or propensity to do any of the acts declared in this
chapter to constitute a potentially dangerous or vicious animal, the owner or harborer
shall be noted in writing, stating all of the facts and circumstances. The owner or
harborer shall be ordered to keep such animal within a substantial enclosure
constructed of material easily cleaned and kept in a sanitary condition and, as a
minimum, providing sufficient space to stand up, lie down, and tum around in a natural
position or, securely attached to a chain or any other type of control in accordance with
Health and Safety Code § 122335(c)(1) within an enclosure pursuant to section 3-17 of
this title, which the police chief may deem adequate under the circumstances. If such
restraint or control is impossible or impracticable, the animal shall be impounded until
the owner or harborer is able to comply with the police chiefs order. If the owner or
harborer fails to provide adequate restraint or control of such animal as ordered by the
police chief within a reasonable time, such owner or harborer shall be liable to
prosecution for violation of this section and the animal shall be subject to summary
destruction.
Sec. 3-166. "Beware of dog" notice.
Whenever the police chief receives a report of a potentially dangerous or vicious dog,
he may order the owner to post and keep posted upon the premises where such dog is
kept under restraint as provided by this article, a notice containing the words "Beware of
Dog." Each letter of said notice shall be not less than two (2) inches in height and the
notice will be displayed in plain and conspicuous view. Failure to obey such order in any
respect shall render such owner liable to prosecution for violation of this section and
shall render such vicious dog subject to summary destruction.
Sec. 3-167. Hearing and Appeal Process.
(a) If after review of the animal control officer's investigation the Chief of Police,
or his or her designee, determines that there exists probable cause to believe that an
animal is potentially dangerous or vicious, he or she shall designate an Animal Control
15
Officer or superior officer not involved in the investigation as the "hearing officer" to
conduct an administrative hearing to determine whether or not said animal is potentially
dangerous or vicious. Whenever possible, any complaint received from a member of the
public which serves as the evidentiary basis for the animal control officer or law
enforcement officer to find probable cause shall be verified by the complainant. Said
complaints shall be signed and dated by the complainant. The Chief of Police or his
designee shall notify the animal owner or keeper of the animal that a hearing will be
held by the police department at which time he or she may present evidence as to why
the animal should not be declared potentially dangerous or vicious. The owner or
keeper of the animal shall be served with notice of the hearing and the complaint, either
personally or by first-class mail with return receipt requested. The hearing shall be held
promptly within no fewer than five working days nor more than fifteen working days after
the service of notice upon the owner or keeper of the animal. The hearing shall be open
to the public. The hearing officer may admit into evidence all related evidence, including
incident reports, photographs, witness's statements, veterinarian records, etc., and may
shorten the time to produce records or witnesses. The hearing may find, upon a
preponderance of the evidence, that the animal is potentially dangerous or vicious and
make other orders authorized by this chapter.
(b) After a hearing is conducted pursuant to subsection (a), the owner or keeper
of the animal shall be noted in writing of the determination and orders issued by the
hearing officer, either personally or by certified mail with return receipt requested. If the
owner or keeper of the animal contests the determination, he or she may, within 15
days of the receipt of the notice of determination, appeal the decision by filing a letter of
appeal with the Chief of Police. The Chief of Police shall designate a superior officer to
the hearing officer to schedule and conduct a hearing within 15 working days of receipt
of the appeal request and shall notify the appellant of said date in person or by certified
mail with return receipt requested. The appellant may introduce evidence to show that
the animal is not potentially dangerous or vicious or that the imposed conditions of the
order are inappropriate. The appeal officer shall conduct the hearing de novo, and shall
make an independent determination as to whether the animal is potentially dangerous
and/or vicious based upon the evidence presented. The decision of the appeal officer
shall be final.
(c) If the animal in question dies, or is sold, transferred, or is permanently
removed from the City of Costa Mesa, the owner of the dangerous or vicious animal
shall notify the Animal Control staff of the changed condition and new location and
ownership of the animal in writing within five working days.
(d) If there are no additional incidents of the behavior or acts as described in
subsections 3-164 within a 36 -month period from the date of designation as or
potentially dangerous animal, the animal may no longer be considered potentially
dangerous animal and removed from such designation. The animal may, but is not
required to be, removed from such designation prior the 36 -month period, but not less
than 12 -month period, if the owner or harborer of the animal demonstrates to the
satisfaction of the Chief of Police or his designee that changes in circumstances have
occurred, or measures have been taken by the owner or harbor, such as behavioral
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training and/or appropriate restraint measures, to mitigated or eliminate any safety risk
to the public and other animals.
(e) Any animal determined to be vicious under the provisions of this chapter may
be ordered banned from the City or humanely destroyed if the Chief of Police or his
designee finds that:
A. The owner or harborer of said animal has failed to, is unwilling to, or is unable to
comply with the conditions of any existing vicious declaration/order.
B. The owner or harborer of any said animal impounded under this chapter fails to, or
is unwilling to, or is unable to retrieve their pet and comply with the conditions of any
new or established order within a 30 -day period.
C. The release of the animal would create a significant threat to public health, safety,
or welfare.
Sec. 3-168. Penalties.
Any owner of an animal who violates any provision of this title may be issued a
correction warning or cited as an infraction or misdemeanor and punished in
accordance with the provisions of this code.
Sec. 3-169 Reserved.
CHAPTER VIII. ANIMAL SLAUGHTER
Sec. 3-170. Animal slaughter or sacrifice restricted.
It shall be unlawful for any person to kill or slaughter any animal, fowl, or other living
creatures within the City in order that it may be sold or used for food or other purposes,
except:
(a) As part of a recognized educational project of an animal husbandry
organization; or,
(b) In an enclosed building or in an enclosed area, not visible by the public outside
the enclosed area; and
(c) The animals to be slaughtered shall be limited to:
1) Domestic rabbits.
2) Domestic fowl, which is defined to be chickens, geese, turkeys,
pheasants, ducks or pigeons.
3) Wild and exotic fowl as permitted by the Fish and Game Code of
California.
Section 2. Section 12-42 of Title 12 (Parks and Recreation) is hereby amended to
read as follows:
Sec. 12-42. Dogs generally.
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(a) For purposes of this section, the following words and phrases shall have the
meanings as set forth below:
(1) Responsible person means any person who owns, has a proprietary
interest in, harbors or has the care, charge, control, custody or possession of a dog.
(2) Dog exercise area means any fenced area or other enclosed area of a city
park designated by the city council by resolution or ordinance as an area where dogs
may be off a leash.
(b) No responsible person shall permit his dog(s) to be in or upon any public street,
sidewalk, park or other public place unless such dog(s) is upon a secure leash not more
than six (6) feet long held continuously in the hands of a person capable of controlling
the dog, or unless the dog is securely confined within an automobile, or in or upon any
fully enclosed lot or premises; provided, however, that this subsection shall not apply to
a person who is in the possession or operating within the terms of a valid permit from
the city to conduct obedience classes or other types of trial or show of dogs in or upon
any public place. This subsection shall not apply to dogs under the control of a
responsible person in a dog exercise area.
(c) All responsible persons shall cleanup after their dog(s) and remove all dog
feces left by their dog(s) upon any public street, sidewalk, park or other public place, or
any private property not owned by the responsible person, and dispose of it in a sanitary
and proper manner.
(d) In addition to such other regulations that may be adopted from time to time by
the Parks and Recreation Commission, the following regulations and limitations shall
apply to all dog exercise areas:
(1) No responsible person shall have more than four (4) dogs at once in a dog
exercise area.
(2) Dog exercise areas will be open from dawn to posted closing time and
closed one (1) day per week as posted for maintenance. The operational hours may be
adjusted as conditions require and shall be posted as established by the Parks and
Recreation Commission from time to time.
(3) All responsible persons shall, at all times, take all reasonable precautions to
prevent their dog(s) from biting, attacking or attempting to bite or attack any person or
dog. A responsible person shall immediately remove his dog from the dog exercise area
if it bites, attacks or attempts to bite or attack any person or dog. A responsible person
whose dog is bitten or attacked shall immediately remove his dog from the dog exercise
area.
(4) Any dog over the age of four (4) months must be vaccinated and legally
licensed prior to use of the any dog exercise area. Dogs under the age of four (4)
months are prohibited from any dog exercise area pursuant to section 121690 of the
Health & Safety Code.
(5) Female dogs in heat are not permitted in any dog exercise area.
(6) There shall be no food or food products, whether intended for human or dog
consumption, in any dog exercise area.
(7) All responsible persons using a dog exercise area must have a leash in their
possession or reasonably accessible at all times for each of their dog(s) in the dog
exercise area, which shall be wom by the dog(s) at all times the dog(s) is not in the
exercise area. All responsible persons shall maintain control over their dog(s) at all
times whether leashed or unleashed.
(8) All responsible persons shall also comply with all rules governing city parks
and relevant parking regulations.
(9) Use of any dog exercise area by a responsible person and his dog(s) shall
constitute implied consent of the responsible person to all of the conditions set forth in
this section, a waiver of liability benefiting the City of Costa Mesa, and an agreement
and undertaking to protect, indemnify, defend and hold the City of Costa Mesa harmless
for any injury or damage caused by a responsible person's dog during any time that the
dog is in the dog exercise area.
(e) The provisions of this section shall be enforceable by any police officer, animal
control officer, park ranger or other code enforcement officer of the city pursuant to
section 1-33 of this Code. In addition to any other remedies, the city officer shall have
the authority to eject any penton who violates this section pursuant to section 12-20 of
this Title.
(f) Any dog which has been repeatedly aggressive or attempted to attack or bite
another dog or a person, or whose responsible person fails on more than two occasions
to abide by the reasonable rules and regulations applicable to the exercise area may be
barred from further use of the exercise area by an animal control officer or park ranger
upon written notice.
Section 3. Any provision of the Costa Mesa Municipal Code or appendices
thereto inconsistent with the provisions of this Ordinance, to the extent of such
inconsistencies and no further, is hereby repealed or modified to that extent necessary
to effect the provisions of this Ordinance.
Section 4. If any section, subsection, sentence, clause, phrase or portion of
this ordinance is for any reason held to be invalid or unconstitutional by the decision of
any court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council of the City of Costa Mesa
hereby declares that it would have adopted this Ordinance and each section,
subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any
one or more sections, subsections, sentences, clauses, phrases or portions be declared
invalid or unconstitutional.
Section S. This Ordinance shall take effect and be in full force thirty (30) days
from and after the passage thereof, and, prior to the expiration of fifteen (15) days from
its passage, shall be published once in the Newport Beach -Costa Mesa Daily Pilot, a
newspaper of general circulation, printed and published in the City of Costa Mesa or, in
the alternative, the City Clerk may cause to be published a summary of this Ordinance
and a certified copy of the text of this Ordinance shall be posted in the office of the City
Clerk five (5) days prior to the date of adoption of this Ordinance, and within fifteen (15)
days after adoption, the City Clerk shall cause to be published the aforementioned
summary and shall post in the office of the City Clerk a certified copy of this Ordinance
together with the names of the members of the City Council voting for and against the
same.
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PASSED AND ADOPTED this 7th day of August 2007.
ATTEST:
A
Mayor
APPROVED AS TO FORM:
Ci Jerk of the City of Costa Mesa City Attomey
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) as
CITY OF COSTA MESA )
I, JULIE FOLCIK, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY
that the above and foregoing Ordinance No. 07-16 was duly introduced for first reading
at a regular meeting of the City Council held on the 17" day of July, 2007, and that
thereafter, said Ordinance was duly passed and adopted at a regular meeting of the
City Council held on the 7"' day of August, 2007, by the following roll call vote, to wit:
AYES: COUNCIL MEMBERS: MANSOOR, BEVER, DIXON, FOLEY, LEECE
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the
City of Costa Mesa this 8"' day of August, 2007.
Q� yw�
JULIE FOLCIK, CITY CLERK
(SEAL)
I hereby certify that the above and foregoing is the original of Ordinance No. 07-16 duly
passed and adopted by the Costa Mesa City Council at the regular meeting held August
7, 2007, and that Summaries of the Ordinance were published in the Newport Beach -
Costa Mesa Daily Pilot on July 25 and August 15, 2007.
(SEAL)
JU0E FOLCIK, CITY CLERK
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