Chapter 6.02
GENERAL
Sections:
6.02.020 Responsibility for administration.
6.02.030 Rules and regulations.
6.02.070 Disposal of dead animals.
6.02.080 Violations – Infraction – Misdemeanor.
6.02.110 Animal care requirements.
6.02.120 Prohibition on retail sale of dogs and cats.
6.02.010 Definitions.
The following words, terms and phrases, when used in this title, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
“Adoption fee” means any compensation or monetary exchange for the purpose of taking ownership or custody of an animal.
“Animal” means any animal including, but not limited to, dogs, cats, birds, fishes, reptiles and nonhuman mammals.
“Animal dealer” means any person who, for compensation or profit, buys for resale any animals, whether alive or dead, for research, experimentation, testing or exhibition or for use as pets.
“Animal exhibition” means any property where one or more animals are exposed to public view for entertainment, instruction or advertisement for which public admission is charged. Activities conducted primarily for instruction or entertainment of the participants for which no public admission is charged are excluded. Animal exhibitions include, but are not limited to, carnivals, tent shows or shows in the open air, or in a hall or building not specifically constructed for theatrical purposes, wherein carnivals, circuses, dog or pony shows, dramatic, musical or theatrical performances are given to audiences not exceeding 2,500 persons.
“Animal menagerie” means a place where wild and/or exotic animals are kept or maintained for any commercial purposes.
“Animal rental establishment” means a place or facility where animals, other than dogs, cats or equines, are kept or maintained for hire.
“Animal services department” means the animal services department for the city of Mission Viejo, authorized to perform the services and functions described in this title pursuant to contract.
“Approved rabies vaccine” means a preventive inoculation to confer immunity against a specific disease that is approved for use in the animal concerned by the State Department of Health.
“Approved research institution” means a college, hospital, university or research laboratory conducting research under humane conditions, if the director so finds and certifies in writing.
“Cat” means domesticated members of the species felis catus; it excludes other members of the family felidae.
“Circus” means a commercial variety show featuring animal acts for public entertainment.
“Commercial” means an activity operated or carried on primarily for financial gain.
“Commercial animal establishment” means any commercial breeder, kennel, commercial aviary, pet shop, grooming parlor (including mobile grooming facilities), commercial stable, riding academy, pony ride, guard (sentry) dog service, commercial animal rescue shop, zoo, animal menagerie, animal exhibition, pet show, miscellaneous animal reptile establishment, or animal dealer who operates for profit or not that provides such services in the city.
“Commercial animal rescue shop” means a commercial animal establishment that offers dogs and/or cats in exchange 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 city of Mission Viejo animal care center.
“Commercial aviary” means any person maintaining, for profit, an establishment where birds of any species are kept for the purpose of breeding, buying, selling, grooming, boarding or exhibiting such birds; or engaged in the training of birds.
“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 stable” means any property where equines are sheltered or fed on a commercial basis.
“Dangerous animal” means any animal of a species which presents a threat to the safety of persons or property, as determined by the director.
“Director” means the manager of the animal services department for the city of Mission Viejo or his designee, who is authorized to perform the services and functions described in this title pursuant to contract.
“Dog” means domesticated members of the species canis familiaris; it excludes other members of the family canidae.
“Dog kennel” means any lot, building, structure, enclosure or premises whereupon or wherein five or more dogs, over four months of age, are kept or maintained for any purpose, including places where dogs are boarded, kept for sale, or kept for hire. Excluded from this definition are veterinary clinics, pet hospitals, and animals kept on a parcel permitted by the city to contain additional animals pursuant to applicable provisions of this code.
“Exotic animal” means any animal not identified in the definition of “animal” that is native to a foreign country or of foreign origin or character, is not native to the United States, or was introduced from abroad. This term specifically includes animals such as, but not limited to, lions, tigers, leopards, elephants, camels, antelope, anteaters, kangaroos, and water buffalo, and species of foreign domestic cattle, such as Ankole, Gayal, and Yak.
“Garbage” means any waste consisting in whole or in part of animal wastes resulting from the handling, preparing, cooking and consuming of food, including the offal from animal carcasses or parts thereof.
“Grooming parlor or mobile grooming facility” means any premises where animals are groomed, brushed, clipped or bathed or otherwise conditioned as pets and/or for show on a commercial basis.
“Guard (sentry) dog” means any dog utilized, on a commercial basis, to guard any property within the city, including guarding against fire or theft or both.
“Guide dog” means a properly trained dog certified by a licensed guide (seeing eye) dog agency and actually being used by a disabled person, including a “guide dog,” “signal dog,” or “service dog” as those terms are defined in California Civil Code Section 54.1.
“Immediate slaughter” means livestock shipped to a public stockyard and released therefrom for slaughter, and also to livestock shipped to the premises of a firm regularly engaged in the slaughter of animals under approved inspection.
“Impounded” means received into the custody of any animal shelter, or into the custody of the director or his 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 city to warrant putting into effect the provisions of this title and any rules or regulations adopted pursuant thereto.
“Kennel” means any lot, building, structure, enclosure or premises whereupon or wherein five or more dogs or cats, over four months of age, are kept or maintained for any purpose, including places where dogs or cats are boarded, kept for sale, or kept for hire. Excluded from this definition are veterinary clinics, pet hospitals, and animals kept on a parcel licensed by the director to contain additional animals pursuant to Article X of Chapter 6.04 AVMC.
“Livestock” means any horses, cows, goats, sheep, other equine, bovine, ovine or ruminant animals, pigs, predatory wild animals, chickens, ducks, geese, turkeys, game birds or other fowl, or animals which normally constitute agricultural uses.
“Neutered” means rendered incapable of reproduction by physical (surgical alteration or the implantation of a device) or other means. To be acceptable, the neutering must be certified to by a licensed veterinarian.
“Person” means any individual, firm, partnership, corporation, company, society, or association, and every officer, agent or employee thereof.
“Pet shop” means any place of business where dogs under four months of age, or cats, monkeys, birds, reptiles, fish, or any other animals to be used as pets, are kept for sale.
“Quarantine” means the strict confinement of an animal upon the premises of the owner or elsewhere as approved by the director.
“Responsible person” means any of the following:
1. A person who allows a violation of this title to exist, whether through willful action, failure to act, or failure to exercise proper control over an animal.
2. A person whose agent, employee, or independent contractor allows a violation of this title to exist, whether through willful action, failure to act, or failure to exercise proper control over an animal.
3. A person who is the owner of, or a lessee or sublessee with the current right of possession of, real property in or upon which a violation occurs.
4. A person includes a natural person or legal entity, including the owners, majority stockholders, corporate officers, trustees, or general partners of a legal entity.
There may be more than one responsible person for a violation.
“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 county inspection is maintained for the inspection of livestock for infectious diseases.
“Tuberculin test” means any test approved by the United States Department of Agriculture for the detection of tuberculosis in animals.
“Vicious dog” means any dog that, as determined by the director:
1. Has attacked or bitten a person causing death or substantial physical injury;
2. Has killed or inflicted substantial physical injury to a domestic animal, without provocation, while off the owner’s or custodian’s property;
3. Is owned or harbored primarily or in part for the purpose of dog fighting or is a dog trained for dog fighting; or
4. Has twice within a one-year period done any of the following:
a. Bitten, attacked or attempted to bite a person; or
b. Chased or approached a person upon the streets, sidewalks or any public or private property in an apparent attitude of attack.
No dog may be determined to be a vicious dog if any such bite, threat, injury or damage was sustained by a person who, at the time, was committing a willful trespass upon the premises occupied by the owner or custodian of the dog, 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. This definition does not apply to dogs used in military or police work while they are actually performing in that capacity.
“Zoo” means a place where wild or exotic animals are kept on exhibit for public show, entertainment or enjoyment. [Ord. 2012-145 § 4; Ord. 2012-142 § 4; Ord. 2010-126 § 1 (Exh. A); Ord. 2009-108 § 1 (4-1-1)].
Cross-reference: definitions generally, AVMC 1.02.010.
6.02.020 Responsibility for administration.
The director is charged with the administration of this title. [Ord. 2010-126 § 1 (Exh. A); Ord. 2009-108 § 1 (4-1-2)].
6.02.030 Rules and regulations.
The city council may, by resolution, promulgate any necessary rules and regulations for the administration of this title. [Ord. 2010-126 § 1 (Exh. A); Ord. 2009-108 § 1 (4-1-3)].
6.02.040 Enforcement.
The director and his duly authorized deputies and agents are hereby empowered and it shall be their duty to enforce this title and any statute relating to animal control, unless otherwise provided by law. Each of the aforementioned individuals shall have the power to issue notices to appear in court for violations of the aforementioned provisions pursuant to California Penal Code Section 853.6 et seq. [Amended during 2011 recodification; Ord. 2010-126 § 1 (Exh. A); Ord. 2009-108 § 1 (4-1-4)].
6.02.050 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 duties. [Ord. 2010-126 § 1 (Exh. A); Ord. 2009-108 § 1 (4-1-5)].
Cross-reference: interference with public officers prohibited, AVMC 8.20.040.
6.02.060 Firearms authorized.
Animal control officers who have successfully completed California Penal Code Section 832 firearms training are authorized to carry loaded rifles, shotguns and tranquilizer equipment while acting in the course and scope of their employment. [Ord. 2010-126 § 1 (Exh. A); Ord. 2009-108 § 1 (4-1-6)].
6.02.070 Disposal of dead animals.
The owner of any animal which dies shall dispose of the carcass of such animal in a sanitary manner as prescribed by the director within 24 hours after the owner has knowledge of the animal’s death. The director shall be responsible for the disposal of all dead animals whose ownership cannot be established. [Ord. 2010-126 § 1 (Exh. A); Ord. 2009-108 § 1 (4-1-7)].
6.02.080 Violations – Infraction – Misdemeanor.
A. A violation of this title shall, in the sole discretion of the city by and through the city attorney or other authorized personnel, be prosecuted in any manner provided for by law, including, but not limited to, the administrative, civil or the misdemeanor criminal prosecution of the offender (subject to the city’s sole and absolute discretion to reduce the same to an infraction or administrative civil complaint) and as provided for in AVMC Title 1.
B. Any person who violates any provision of AVMC 6.04.080 or 6.04.240 shall be guilty of a misdemeanor, and shall be punishable by a fine of not more than $1,000 or by imprisonment in the county jail for a period of not more than six months or by both such fine and imprisonment. [Ord. 2010-126 § 1 (Exh. A); Ord. 2009-108 § 1 (4-1-8)].
Cross-reference: violations and penalties generally, Chapter 1.06 AVMC.
6.02.090 Inspections.
The director, or his duly authorized deputies and agents, are authorized to inspect any building or other property for the purpose of enforcing this title or any statute relating to animal control. [Ord. 2010-126 § 1 (Exh. A); Ord. 2009-108 § 1 (4-1-9)].
6.02.100 Complaints.
Upon receiving a complaint from any person alleging a violation of this title 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 this title, prosecution may be initiated against the owner and/or custodian. [Ord. 2010-126 § 1 (Exh. A); Ord. 2009-108 § 1 (4-1-10)].
6.02.110 Animal care requirements.
Every person within the city who owns any animal or who owns, conducts, manages or operates any commercial animal establishment shall comply with each of the following conditions:
A. Housing facilities for animals shall be structurally sound and shall be maintained in good repair, to protect the animals from injury, to contain the animals, and to restrict the entrance of other animals.
B. All animals shall be supplied with sufficient good and wholesome food and water as often as the feeding habits of the respective animals require.
C. All animals and all buildings or enclosures where animals are housed or maintained shall be maintained in a clean and sanitary condition.
D. No animals shall be without attention more than 12 consecutive hours. Whenever an animal is left unattended at a commercial animal establishment, the telephone number of the department of animal services, or the name, address and telephone number of the responsible person, shall be posted in a conspicuous place at the front of the property.
E. Every reasonable precaution 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.
F. No condition shall be maintained or permitted that is or could be injurious to the animals.
G. Buildings and enclosures where animals are housed or maintained shall be so constructed and maintained as to prevent escape of animals. All reasonable precautions shall be taken to protect the public from the animals and the animals from the public.
H. Every commercial animal establishment shall isolate sick animals sufficiently so as not to endanger the health of other animals. Sick animals shall at all times be isolated from the other animals.
I. 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 need of the animals, with sufficient light to allow observation of animals and sanitation.
J. Such person shall take any animal to a veterinarian for examination or treatment, if the director finds this is necessary in order to maintain the health of the animal and orders the owner or custodian to do so.
K. All animal rooms, cages, kennels and runs shall be of sufficient size to provide adequate and proper accommodations for the animals kept therein.
L. Every violation of an applicable regulation shall be corrected within a reasonable time to be specified by the director.
M. Such person shall provide proper shelter and protection from the weather at all times.
N. Such person shall not give an animal any alcoholic beverage, unless prescribed by a veterinarian.
O. Such person shall not allow animals which are natural enemies, temperamentally unsuited, or otherwise incompatible to be quartered together, or so near each other as to cause injury, fear or torment. If two or more animals are so trained that they can be placed together and do not attack each other or perform or attempt any hostile act to the others, such animals shall be deemed not to be natural enemies.
P. Such person shall not allow the use of any tack, equipment, device, substance or material that is, or could be, injurious or cause unnecessary cruelty to any animal.
Q. Such person shall give working animals proper rest periods. Confined or restrained animals shall be given exercise proper for the individual animal under the particular conditions.
R. Such person shall not work, use or rent any animal which is overheated, weakened, exhausted, sick, injured, diseased, lame or otherwise unfit.
S. Such person shall not display animals bearing evidence of malnutrition, ill health, unhealed injury or having been kept in an unsanitary condition.
T. Such person shall not display any animal whose appearance is or may be offensive or contrary to public decency.
U. Such person shall not allow any animal to constitute or cause a hazard, or be a menace to the health, peace or safety of the community.
V. Such person shall not violate any condition imposed by the director on any license issued by the department.
W. No dog or cat under the age of eight weeks shall be bought or shipped into the city for the purpose of adoption, and no such dog or cat shall be offered for adoption.
X. Every dog or cat offered for adoption 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.
Y. Every dog or cat offered for adoption shall have been vaccinated against distemper and parvo. A vaccination record providing the date of vaccination, lot number, and manufacturer must be provided to the person adopting the puppy or kitten at the time of adoption.
Z. No animal shall be transported by a kennel, pet shop, commercial animal rescue shop, or animal 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.
AA. Clean, potable water shall be available to all animals in conformance with the principles of good animal husbandry, unless restricted by a veterinarian. Proof of such veterinarian restrictions shall be presented to the animal services officer upon request. Water receptacles, containers or dispensers shall be kept in a clean and sanitary state at all times.
BB. Food receptacles shall be accessible to all animals unless restricted by a veterinarian and shall be located so as to minimize contamination by excreta. Proof of any veterinarian restrictions shall be presented to the animal services officer upon request. Food contaminated by urine shall be discarded and replaced with fresh uncontaminated food. Disposable receptacles may be used but must be discarded after each feeding. Self-feeders may be used for the feeding of dry food, and they shall be kept clean and free of mold, deterioration and the caking of food.
CC. Any other applicable federal, state, or local law, regulation or ordinance. [Ord. 2012-142 § 5; Ord. 2010-126 § 1 (Exh. A); Ord. 2009-108 § 1 (4-1-11)].
Cross-reference: business license required, AVMC 6.04.460.
6.02.120 Prohibition on retail sale of dogs and cats.
A. No commercial animal establishment shall display, sell, deliver, offer for sale, barter, auction, give away, or otherwise transfer or dispose of dogs or cats in the city on or after the effective date of the ordinance codified in this section.
B. This section shall not apply to:
1. A commercial animal rescue shop that offers dogs or cats for an adoption fee;
2. A publicly operated animal control facility or animal shelter;
3. A private, charitable, nonprofit humane society or animal rescue organization; or
4. A publicly operated animal control agency, nonprofit humane society, or nonprofit animal rescue organization that operates out of or in connection with a pet shop.
C. Nothing in this section shall prevent a pet shop or its owner, operator or employees from providing space and appropriate care for animals owned by a publicly operated animal control agency, nonprofit humane society, or nonprofit animal rescue agency and maintained at the pet shop for the purpose of adopting those animals to the public.
D. A pet shop or its owner who provides space to a publicly operated animal control agency, nonprofit humane society, or nonprofit animal rescue agency for the purpose of adopting animals to the public shall ensure that the publicly operated animal control agency, nonprofit humane society, or nonprofit animal rescue agency complies with the requirements of AVMC 6.02.110 and all state laws pertaining to the health and safety of animals. [Ord. 2012-142 § 6; Ord. 2010-126 § 1 (Exh. A); Ord. 2009-108 § 1 (4-1-12)].
Cross-reference: business license required, AVMC 6.04.460.