Chapter 6.04 CONTROL AND LICENSING OF DOGS, CATS, LIVESTOCK, AND OTHER DOMESTIC AND NONDOMESTIC ANIMALS

A. No person owning or having charge, care, custody, or control of any dog shall cause or permit, either willfully or through failure to exercise due care or control, any such dog to be upon any private property unless such dog is restrained thereon by a fence, wall, substantial chain, leash not exceeding six feet in length, other appropriate physical restraint, or is under the charge of a person competent to exercise care, custody, and control over such dog.

B. No person owning or having charge, care, custody, or control of any dog shall cause or permit, either willfully or through failure to exercise due care or control, any such dog to be upon any public property unless such dog be restrained by a substantial chain, or leash not exceeding six feet in length, and is under the charge of a person competent to exercise care, custody, and control over such dog, unless the owner or operator of such public property grants written permission for such dog to be on such property without such chain or leash. [Ord. 2010-126 § 1 (Exh. A); Ord. 2009-108 § 1 (4-1-13)].

6.04.020 Female cats and dogs in season to be confined.

Every person owning or having charge of any unsterilized female cat or dog shall strictly confine such animal during its breeding season (i.e., while it is in heat) in a building or other enclosure adequate to keep such cat or dog confined. [Ord. 2010-126 § 1 (Exh. A); Ord. 2009-108 § 1 (4-1-14)].

6.04.030 Nuisance.

A. No responsible person shall allow, upon any premises owned, occupied, or controlled by such a person, any animal to cause a nuisance by barking, howling, crying or making other sounds that unreasonably disturb other persons in the comfortable enjoyment of their life or property.

B. A dog shall not be deemed a nuisance if, at any time the dog is making noise, a person is trespassing or threatening to trespass upon the private property where the dog is situated, or when the dog is being teased or provoked. [Ord. 2010-126 § 1 (Exh. A); Ord. 2009-108 § 1 (4-1-15)].

Cross-reference: noise control, Chapter 8.12 AVMC.

6.04.040 Nuisance complaint administrative procedures.

Upon receiving a complaint alleging a nuisance as defined in AVMC 6.04.030, the following procedures shall apply:

A. Upon receipt by the animal services department of a first complaint, animal services staff will send a letter informing the responsible person about the complaint.

B. Upon receipt by the animal services department of a second complaint regarding an animal for which a first notice has been sent, provided at least 10 days but no more than 30 days have elapsed from the date of the first letter sent by animal services staff pursuant to subsection (A) of this section, an animal services officer will be dispatched to issue a notice to comply and to advise the responsible person about possible solutions to rectify the nuisance.

C. Upon receipt by the animal services department of a third complaint, provided at least 10 days but no more than 30 days have elapsed from the date of the second complaint pursuant to subsection (B) of this section, animal services staff will ask the complaining party to complete and return to the department within 10 days of request a formal witness statement form signed under penalty of perjury attesting to the nuisance violation.

D. Upon receipt of a formal witness statement form, if the director or his or her designee finds the animal owner to be in violation of AVMC 6.04.030, the department will issue an administrative citation pursuant to Chapter 1.06 AVMC with fines established by the city of Mission Viejo. [Ord. 2013-147 § 12; Ord. 2010-126 § 1 (Exh. A); Ord. 2009-108 § 1 (4-1-16)].

6.04.050 Private property.

No person owning or having care, custody, or control of any animal shall permit, either willfully or through failure to exercise proper control, such animal to trespass or be upon any private property of another person without the consent of such person. [Ord. 2010-126 § 1 (Exh. A); Ord. 2009-108 § 1 (4-1-17)].

6.04.060 Dogs to be curbed.

A. It is unlawful for the owner or person having charge, custody or control of any animal to permit such animal to defecate and to allow the feces to thereafter remain on any public sidewalk, public park or on any other public property or on any private property owned by someone other than the owner or person who has custody or control of the animal.

B. No person having the care, custody, charge or control of any animal shall permit or allow that animal on any public sidewalk, public park or on any other public property, or on any private property owned by someone other than the owner or person who has custody or control of the animal, unless that person has, in his or her possession, a spade, scoop device, plastic bag, or similar implement or container capable of removing any feces deposited by the animal. Notwithstanding any other provision of this subsection, no person will be in violation of this subsection while within 50 feet of a dispenser of bags or similar implements or containers capable of removing any feces deposited by an animal, provided such dispenser is immediately accessible to the person.

C. The owner or person having charge, custody or control of any animal shall ensure that any feces collected or removed pursuant to this section is deposited or placed into an appropriate waste receptacle or container.

D. The provisions of this section shall not be applicable to:

1. Any animal enrolled and participating in obedience classes or in any show for which the city has issued a special event permit;

2. Any guide dog.

E. Any person violating the provisions of this section shall be guilty of an infraction. [Ord. 2010-126 § 1 (Exh. A); Ord. 2009-108 § 1 (4-1-18)].

6.04.070 Administrative hearing.

A. Notwithstanding the process set forth in Chapter 1.06 AVMC, any person who receives an administrative citation for violation of AVMC 6.04.030 may contest it by calling the animal services department within 10 days of the issuance date located on the citation and requesting an administrative hearing. The animal owner may contest the citation by denying that a violation occurred.

B. If the citation fine is not paid prior to the assigned date and time of the administrative hearing, the animal owner must personally attend the administrative hearing on the date, time and place scheduled. Failure to personally appear at the administrative hearing shall constitute an abandonment of any defense the animal owner may have to the citation.

C. Hearings shall be conducted by the animal services department on the date assigned by the department in accordance with the procedures set forth in Chapter 1.06 AVMC. The animal owner and complainant will be notified of the assigned hearing date, time and location by the department staff.

D. The animal owner and complainant shall be given the opportunity to present testimony and evidence relevant to the citation. If the animal owner is a juvenile, under 18 years of age, they must be accompanied by an adult or legal guardian to the administrative hearing or the administrative hearing will be deemed abandoned by the animal owner. Such abandonment shall also constitute a failure to exhaust administrative remedies concerning the violation set forth in the citation.

E. The citation itself and accompanying complainant’s formal witness statement shall be accepted by the department as prima facie evidence of the violation and the facts stated in such documents.

F. Failure of the animal owner to appear at the hearing, unless the hearing was continued by the animal services department prior to the hearing date, shall constitute abandonment and will require the citation fine to be paid. Failure of the complainant to appear at the hearing, unless the hearing was continued by the animal services department, shall constitute abandonment of the complaint and shall be grounds for dismissal of the nuisance violation and citation. The complainant’s failure to appear shall be noted and mailed to the animal owner and complainant.

G. Fines for violating the provisions of AVMC 6.04.030 shall be established by resolution of the city council.

H. A late penalty in the same amount of the underlying fine amount due pursuant to subsection (G) of this section shall accrue and be charged for any fine not paid within 15 days of due date, such that the total amount due is double the unpaid fine amount. [Ord. 2010-126 § 1 (Exh. A); Ord. 2009-108 § 1 (4-1-19)].

6.04.080 Public protection from dogs.

A. Dog owners and custodians of dogs shall, at all times, take all reasonable precautions to prevent their dogs from biting, attacking or attempting to bite any person or from interfering with the use of public or private property. It shall be unlawful for any person to fail to comply with this subsection (A).

B. Any person owning or having custody or control of a vicious dog commits a violation of this chapter 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.

C. Nothing in this section shall authorize the bringing of a criminal action for a violation of subsection (A) or (B) of this section if the bite, attack, attempted bite, injury or threat was sustained by a person who, at the time, was committing a willful trespass upon the premises occupied by the owner or custodian of the dog; or was committing or attempting to commit a crime upon the premises occupied by the owner or custodian of the dog; or was teasing, tormenting, abusing or assaulting the dog or who has, in the past, teased, tormented, abused or assaulted the dog.

D. Any person violating the provisions of this section 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 (4-1-20)].

6.04.090 Abatement of nuisances through legal action.

Nothing in this chapter shall prevent the city council from ordering the city attorney to commence a civil or criminal proceeding to abate a public nuisance as an alternative to the procedures set forth in this chapter. [Ord. 2010-126 § 1 (Exh. A); Ord. 2009-108 § 1 (4-1-21)].

Article II. Licensing

6.04.100 Dog license required.

A. Every person owning or having custody of any dog four months of age or older shall procure for the dog a city dog license. Such license shall be procured within 15 days after the dog turns four months of age or expiration of any previously obtained license. The following are exceptions to the requirement to procure a dog license:

1. A dog brought into the city for show or other purposes and which leaves the city within 30 days; and

2. A dog maintained in an approved research institution or licensed dog kennel, provided such dog is owned by the owner or operator of such approved research institution or dog kennel.

Guard (sentry) dogs are not exempt from the requirements of this section. Each such guard (sentry) dog must be individually licensed and each dog shall be wearing its city license tag securely fastened to a collar or harness whether or not the dog is kenneled in the city.

B. No dog shall be licensed without proof of approved rabies vaccine. No license may expire later than the expiration date of the approved rabies vaccine. An owner may purchase a license for six or 12 months, depending upon the date and kind of vaccine used, upon payment of the fee established by the city of Mission Viejo. [Ord. 2012-145 § 5; Ord. 2010-126 § 1 (Exh. A); Ord. 2009-108 § 1 (4-1-22)].

Cross-reference: kennel, business license required, AVMC 6.04.460.

6.04.110 Wearing of tag required.

A. Each dog required to be licensed pursuant to this chapter shall at all times wear the current license tag assigned to that dog, except:

1. When the dog is physically confined within the premises of the owner or other person authorized to have custody;

2. When the dog is confined in a vehicle or cage;

3. When the dog is participating in any dog exhibition, field trial or competition; or

4. When the dog is confined in a licensed dog kennel or veterinary hospital, in which case the license tag number shall be recorded and placed nearby so that it is readily identifiable with the dog to which it belongs; or if not licensed, that fact shall be clearly indicated on the facility’s records.

B. A license tag shall not be removed from any dog without the consent of the owner thereof. [Ord. 2010-126 § 1 (Exh. A); Ord. 2009-108 § 1 (4-1-23)].

6.04.120 Renewal.

Dog licenses not procured or renewed within 15 days after expiration, or the date on which they become due pursuant to AVMC 6.04.100, shall be considered delinquent and a late fee as determined by the city of Mission Viejo shall be added to the cost of the new license. The director may waive the above late fee if he determines the applicant made a reasonable effort to comply with the above deadline. [Ord. 2012-145 § 6; Ord. 2010-126 § 1 (Exh. A); Ord. 2009-108 § 1 (4-1-24)].

6.04.130 Dog license – Transfer of ownership.

Upon the transfer of ownership of any licensed dog, the license may be transferred to the new owner; provided, that the director is notified within 15 days, in writing, of such transfer of ownership, and the name and address of the new owner is provided. [Ord. 2010-126 § 1 (Exh. A); Ord. 2009-108 § 1 (4-1-25)].

6.04.140 False or stolen documents illegal.

No person shall make use of or have in his possession or under his control a stolen, counterfeit or forged dog license receipt, dog license tag, rabies vaccination certificate, antirabies-inoculation-deferment form, or other form issued in accordance with this title. [Ord. 2010-126 § 1 (Exh. A); Ord. 2009-108 § 1 (4-1-26)].

6.04.150 Display of certificates required upon demand.

Every person shall, upon demand by the director or animal services officer, exhibit any current rabies vaccination certificate or dog license tag issued to the person pursuant to this chapter. [Ord. 2010-126 § 1 (Exh. A); Ord. 2009-108 § 1 (4-1-27)].

6.04.160 Cat license.

The owner of any cat may, upon submission of proof of approved rabies vaccine, certified to by a licensed veterinarian, and upon payment of the fee established by the city of Mission Viejo, be issued a license certificate and tag. No person shall remove a registration tag from a cat without the consent of the owner thereof. Licensing shall be valid for the period of the approved rabies vaccine. The obtaining of such a license shall be optional on the part of the owner. [Ord. 2012-145 § 7; Ord. 2010-126 § 1 (Exh. A); Ord. 2009-108 § 1 (4-1-28)].

6.04.170 Animal permit required.

Every person owning or having custody of four or more licensed dogs or four or more licensed cats, over the age of four months, for any purpose other than a commercial purpose shall procure an additional animal license pursuant to Article X of this chapter. [Ord. 2012-145 § 8; Ord. 2010-126 § 1 (Exh. A); Ord. 2009-108 § 1 (4-1-29)].

Article III. Rabies Control

6.04.180 Dog vaccination required.

Every person owning or harboring a dog four months of age or older, for 15 days or more, shall, if not currently vaccinated, have such dog vaccinated against rabies by a licensed veterinarian with an approved rabies vaccine. Upon approval of the director, dogs that are ill may be given temporary deferment from the requirements of this section if given an antirabies deferment from a licensed veterinarian. Old age of the dog, however, shall not be a basis for deferment. Dogs granted deferment from the requirements of this section shall be vaccinated within 10 days of the conclusion of the deferment period. [Ord. 2010-126 § 1 (Exh. A); Ord. 2009-108 § 1 (4-1-30)].

6.04.190 Quarantine.

A. The State Director of Health has declared the city a rabies area. The director is authorized under state law to quarantine suspected rabid animals. The director or his authorized agent is hereby empowered to enter upon any private property, including the home or residence where the animal is kept or has strayed, to inspect and, if necessary, to seize and impound any animal suspected of being rabid for a period of 14 days (10 days for dogs and cats). 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 will 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 director may, by serving a written notice upon the owner, require the owner to quarantine the animal for such period.

B. No person shall disobey any quarantine order issued by the director or remove from its place of confinement any animal under quarantine without the permission of the director. [Ord. 2010-126 § 1 (Exh. A); Ord. 2009-108 § 1 (4-1-31)].

6.04.200 Duty to report.

Any person having knowledge of the location of an animal suspected of having rabies, or of any person having been bitten or scratched by any warmblooded mammal, or of any signs of disease or unusual behavior in any animal under quarantine, shall immediately report such facts to the director. [Ord. 2010-126 § 1 (Exh. A); Ord. 2009-108 § 1 (4-1-32)].

6.04.210 Proof of vaccination.

No person who owns or harbors any dog shall fail or refuse to exhibit his copy of the rabies vaccination form, antirabies inoculation deferment form, or health certificate upon demand by any person charged with the enforcement of this title. [Ord. 2010-126 § 1 (Exh. A); Ord. 2009-108 § 1 (4-1-33)].

6.04.220 Duty of person performing vaccination.

Each duly licensed veterinarian shall complete and sign a rabies certificate in triplicate after vaccinating any dog. The veterinarian shall keep one copy and shall give one copy to the owner of the vaccinated dog, which the owner shall retain in his possession. The veterinarian shall file the other copy with the director. [Ord. 2010-126 § 1 (Exh. A); Ord. 2009-108 § 1 (4-1-34)].

Article IV. Dangerous and Vicious Animals

6.04.230 Wild, exotic, dangerous and nondomestic animals.

Repealed by Ord. 2012-145. [Ord. 2010-126 § 1 (Exh. A); Ord. 2009-108 § 1 (4-1-35)].

6.04.240 Declaration and possession of vicious dog.

A. Generally.

1. If the director has cause to believe that a dog is a “vicious dog” within the meaning of AVMC 6.02.010, he may tentatively find and declare such dog a vicious dog.

2. Upon tentatively finding and declaring that a dog is a vicious dog, the director shall notify the owner and/or custodian in writing of his tentative finding and declaration.

3. The notice shall inform the owner and/or custodian of such dog that he may request a hearing in writing before the director within five working days of the date indicated on such notice to contest the tentative finding and declaration. Any such hearing shall be requested and conducted as provided in subsection (D) of this section.

4. Failure of the owner and/or custodian to request a hearing pursuant to subsection (A)(3) of this section shall result in the director’s tentative declaration becoming final.

5. The possession or maintenance of a vicious dog, or the allowing of any such dog to be in contravention of this title, is hereby declared to be a public nuisance. The director is hereby authorized and empowered to impound and/or abate any vicious dog independently of any criminal prosecution or the results thereof by any means reasonably necessary to ensure the health, safety and welfare of the public, including, but not limited to, the destruction of the dog or by the imposition upon the owner and/or custodian of specific reasonable restrictions and conditions for the maintenance of the dog. The restrictions and conditions may include but are not limited to:

a. Obtaining and maintaining liability insurance in the amount of $100,000 against bodily injury or death or damage to property and furnishing a certificate or proof of insurance by which the director shall be notified at least 10 days prior to cancellation or nonrenewal or, at the owner’s or custodian’s option, the filing with the director of proof of a bond in the amount of $100,000, to be able to respond in damages.

b. Requirements as to size, construction and design of the dog’s enclosure.

c. Location of the dog’s residence.

d. Requirements as to type and method of restraints and/or muzzling of the dog.

e. Photo identification or permanent marking of the dog for purposes of identification.

f. Requirements as to the posting of a warning notice or notices conspicuous to the public warning persons of the presence of a vicious dog.

g. Payment of a fee or fees as established by the city of Mission Viejo to recover the costs of enforcing the provisions of this chapter as applied to the regulation of vicious dogs.

B. Notification of Right to Hearing. At least five working days prior to impoundment and/or abatement of a vicious dog, the director shall provide written notification to the owner or custodian of such dog of his right to request a hearing in writing to determine whether grounds exist for such impoundment and/or abatement. If a hearing is requested, the impoundment and/or abatement hearing may be held in conjunction with the hearing provided for in subsection (A) of this section. If the owner or custodian requests a hearing prior to impoundment and/or abatement, no impoundment and/or abatement shall take place pending a decision by the director following a hearing, except as provided in subsection (C) of this section. Pending such impoundment and/or abatement hearing and decision by the director, the director may order the owner or custodian to keep the dog within a substantial enclosure or securely attached to a chain or other type of control which the director may deem necessary under the circumstances. The director may also order the owner or custodian to post and keep posted upon the premises where such dog is kept under restraint, a warning notice pending such impoundment and/or abatement hearing and decision by the director. The form, content and display of such notice shall be specified by the director. Any hearing under this subsection shall be conducted in accordance with subsection (D) of this section.

C. Immediate Impoundment. When, in the opinion of the director, immediate impoundment is necessary for the preservation of animal or public health, safety or welfare, or if the dog has been impounded under other provisions of this code or state law, the pre-impoundment hearing shall not be required; however, the owner or custodian shall be given written notice allowing five working days from the date of such notice to request in writing an abatement hearing. If requested, a hearing shall be held within five working days of receipt of the request by the director and the dog shall not be disposed of prior to the decision of the director following such hearing. A hearing under this subsection shall be conducted in accordance with subsection (D) of this section except as otherwise indicated. If, after five working days following the date of such notice, no written request for a hearing is received from the owner or custodian, the dog in question shall be disposed of under applicable provisions of law.

D. Request for and Conduct of Hearings.

1. Except as otherwise provided in subsection (C) of this section, the director shall conduct a hearing within 15 days following receipt of a written request from the owner or custodian requesting a hearing under this section. Notice of the time, date and place of the hearing shall be mailed to the person requesting the hearing at the address given in the hearing request, at least 10 days prior to the hearing. The director may appoint a hearing officer to take evidence, summarize the evidence presented and report his findings and recommendations based on such evidence to the director, or the director may personally conduct the hearing.

2. At the hearing each party shall have the right to call and examine witnesses, to introduce exhibits, to cross-examine opposing witnesses, impeach any witness, and to rebut the evidence against him. The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions. The rules of privilege shall be effective to the same extent that they are now or hereafter may be recognized in civil actions, and irrelevant or unduly repetitious evidence shall be excluded.

3. Within 15 days following the conclusion of the hearing, the director shall determine, based upon all the evidence presented to him, or on the summary of evidence and findings of fact and recommendations of the hearing officer, as applicable, whether any designation, impoundment and/or abatement under this section should be upheld, rescinded or amended. Within five working days following such decision, the director shall notify, in writing, the person requesting the hearing of his determination.

E. Change of Circumstances. In the event of changed circumstances, the director may amend or rescind any abatement and/or impoundment imposed pursuant to subsection (A)(5) of this section. Any such revision to the abatement and/or impoundment due to changed circumstances shall be subject to the same notice, hearing and other procedural requirements as required for imposing an initial abatement and/or impoundment set forth in subsections (B), (C) and (D) of this section.

F. Change of Ownership, Custody and/or Residence. Owners of a vicious dog who sell or otherwise transfer the ownership, custody or residence of the dog shall, at least 10 days prior to the sale or transfer, inform the director in writing of the name, address and telephone number of the new owner, custodian and/or residence and the name and description of the dog. The owner shall, in addition, notify the new owner or custodian in writing of the details of the dog’s record, terms and conditions of maintenance and provide the director with a copy thereof containing an acknowledgement by the new owner or custodian of his receipt of the original. The director shall notify the new owner or custodian in writing of any different or additional restrictions or conditions imposed pursuant to subsection (A)(5) of this section as a result of the change of ownership, custody or residence. The imposition of any such different or additional restrictions or conditions shall be subject to the same notice, hearing and other procedural requirements as required for imposing an initial abatement and/or impoundment set forth in subsections (B), (C) and (D) of this section.

G. Possession Unlawful. It is unlawful to have custody of, own or possess a vicious dog within the meaning of AVMC 6.02.010 unless it is restrained, confined or muzzled so that it cannot bite, attack or cause injury to any person.

H. Declared Vicious Dog. It shall be unlawful for the owner and/or custodian of a dog declared vicious pursuant to subsection (A) of this section to fail to comply with any requirements or conditions imposed pursuant to subsection (A)(5) of this section. If a vicious dog escapes, the owner and/or custodian shall immediately notify the director and make every reasonable effort to recapture it. [Ord. 2012-145 § 10; Ord. 2010-126 § 1 (Exh. A); Ord. 2009-108 § 1 (4-1-36)].

Article V. Animal Impoundment

6.04.250 Impoundment by city personnel.

A. The director or his deputies may take into custody:

1. Any animal kept or maintained contrary to the provisions of this code, any regulation adopted thereunder, or any state statute.

2. Animals running at large contrary to the provisions of this title or any statute.

3. Sick, injured, stray, unwanted animals, for which the owner or custodian cannot be found or is unable or unwilling to provide proper care.

4. Animals quarantined for which no other place of quarantine is acceptable to the director.

5. Animals delivered or requested to be impounded by a peace officer, or public officer or employee as defined in California Penal Code Section 836.5.

6. Any wild animal found to be at large upon any public property, or upon request of the owner or tenant, found to be at large upon private property.

7. Animals impounded pursuant to this section.

8. Any other animal authorized to be impounded under this title.

B. The director may place animals which he takes into custody in the Mission Viejo animal shelter or other facility designated by him, except that animals impounded pursuant to subsection (A)(6) of this section may be summarily destroyed. [Ord. 2010-126 § 1 (Exh. A); Ord. 2009-108 § 1 (4-1-37)].

6.04.260 Retention without owner’s consent.

No person shall, without the consent of the owner, hold or retain possession of any animal for more than 24 hours without first reporting the possession of such animal to the director, giving his name and address and a true description of the animal, and then surrendering such animal to the director upon demand. [Ord. 2010-126 § 1 (Exh. A); Ord. 2009-108 § 1 (4-1-38)].

6.04.270 Removal of animals from animal shelter prohibited.

No person shall remove any animal from the custody of the director or from the Mission Viejo animal shelter without permission from the director. [Ord. 2010-126 § 1 (Exh. A); Ord. 2009-108 § 1 (4-1-39)].

6.04.280 Redemption of animals from animal shelter.

A. Except as otherwise provided by state law or this title, when any animal, other than an animal abandoned by its owner, is impounded pursuant to this title, the director shall, within 12 working hours after impounding such animal, notify the owner, if known, of the location of such animal. The notification shall be by mail with postage fully prepaid thereon.

B. Any impounded animal may be redeemed by the owner upon payment of the fees established by resolution of the city council. The owner must also demonstrate to the satisfaction of the director that he is the owner of the animal, and that he can keep such animal in conformance with the requirements of this title.

C. If a licensed animal is not redeemed within seven days of impoundment, excluding city holidays and the day of impoundment, it shall be deemed abandoned and the director may sell, release, or destroy such animal pursuant to the guidelines established in this article. If an unlicensed animal is not redeemed within three days of impoundment, excluding city holidays and the day of impoundment, it shall be deemed abandoned and the director may sell, release, or destroy such animal pursuant to the guidelines established in this article. [Ord. 2010-126 § 1 (Exh. A); Ord. 2009-108 § 1 (4-1-40)].

6.04.290 Sale of unredeemed animals.

A. Except as otherwise provided by state law or by this title, any animal that is not redeemed pursuant to AVMC 6.04.280 may be sold by the director upon payment of the fees established by resolution of the city council.

B. An unredeemed female dog which has not been neutered shall not be sold or given away, unless the deposit specified in AVMC 6.04.310 has been received. [Ord. 2010-126 § 1 (Exh. A); Ord. 2009-108 § 1 (4-1-41)].

6.04.300 Disposition by euthanasia.

Any impounded animal which has not been redeemed or sold may be disposed of by euthanasia if the director determines that: (A) the animal is a threat to human safety; or (B) medical reasons. Euthanasia may also be performed at the request of the owner of the animal. A fee may be charged in an amount established by resolution of the city council. [Ord. 2010-126 § 1 (Exh. A); Ord. 2009-108 § 1 (4-1-42)].

6.04.310 Animal shelter.

No humane shelter or shelter operated by a society for the prevention of cruelty to animals shall sell or give away any dog which has not been neutered unless the cost of neutering such dog has been deposited with the shelter for payment to a veterinarian or neutering clinic designated by the person purchasing or receiving the dog. The deposit shall be forwarded to the veterinarian or clinic upon receipt by the shelter of a notice from the veterinarian or clinic that the dog has been neutered. [Ord. 2010-126 § 1 (Exh. A); Ord. 2009-108 § 1 (4-1-43)].

6.04.320 Sale, give away, acceptance and/or barter of animals on animal shelter property.

No person shall sell, barter or give away, nor shall any person buy, accept or take possession of any animal on premises upon which a municipally owned or operated animal shelter is located, including adjacent parking areas, without the written permission of the director. The director may define the premises covered by this section and cause those areas to be posted so as to advise persons of the provisions of this section. [Ord. 2010-126 § 1 (Exh. A); Ord. 2009-108 § 1 (4-1-44)].

Article VI. Animals Running at Large

6.04.330 Animal defined.

“Animal,” as used in this article, shall not include a cat or dog, but shall include livestock. [Ord. 2010-126 § 1 (Exh. A); Ord. 2009-108 § 1 (4-1-45)].

Cross-reference: definitions generally, AVMC 1.02.010, 6.02.010.

6.04.340 Staking or grazing.

No person owning or having charge, care, custody or control of any animal shall cause or permit, either willfully or through failure to exercise due care or control, any such animal to be placed, staked or to graze or be upon the land of another without the written consent of the owner or other authorized person, or upon public lands or highways or to allow any such animal to run at large. [Ord. 2010-126 § 1 (Exh. A); Ord. 2009-108 § 1 (4-1-46)].

6.04.350 Impounding animals running at large.

The director may seize and impound any animal found on any premises in violation of AVMC 6.04.340 and he shall have a lien imposed upon such animal sufficient to secure payment of all expenses incurred by reason of his seizing, keeping and caring for such animal. [Ord. 2010-126 § 1 (Exh. A); Ord. 2009-108 § 1 (4-1-47)].

6.04.360 Sale of unclaimed animals.

If no person appears and claims the animal impounded under this chapter within five days, or if a person does appear to claim the animal impounded within such time but fails to pay the director the expenses as provided in AVMC 6.04.350, the director shall proceed to sell or cause to be sold such animal, except a bovine, at public sale in accordance with the general procedure provided in the law concerning the sale or execution of personal property. [Ord. 2010-126 § 1 (Exh. A); Ord. 2009-108 § 1 (4-1-48)].

6.04.370 Animals valued at less than $20.00.

If the animal impounded under this chapter is of a value less than $20.00 and has not been claimed, the director may, after the expiration of three days from the date of seizure, sell such animal, except a bovine, at private sale without notice. In the alternative, the director may dispose of the animal, except a bovine, in any humane manner. [Ord. 2010-126 § 1 (Exh. A); Ord. 2009-108 § 1 (4-1-49)].

Article VII. Keeping of Livestock

6.04.380 Livestock prohibited.

No person shall keep or maintain 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 for any purpose within the city. Notwithstanding the foregoing, hens may be approved pursuant to a conditional use permit as part of a small-scale farm. [Ord. 2018-199 § 3; Ord. 2010-126 § 1 (Exh. A); Ord. 2009-108 § 1 (4-1-50)].

Cross-reference: livestock show, business license required, AVMC 4.01.020.

Article VIII. Disease Control

6.04.390 Supplement to state law.

This chapter shall in all respects be construed to supplement and harmonize with the provisions of the laws of the state pertaining to animal industry. [Ord. 2010-126 § 1 (Exh. A); Ord. 2009-108 § 1 (4-1-51)].

6.04.400 Appointment of city veterinarian.

The city veterinarian shall be appointed by the city council in compliance with state and federal laws. [Ord. 2010-126 § 1 (Exh. A); Ord. 2009-108 § 1 (4-1-52)].

6.04.410 Duties of city veterinarian.

It shall be the duty of the city veterinarian, acting in cooperation with the state veterinarian, to enforce all laws of the state, the ordinances of the city and all orders of its city council pertaining to the health and sanitary condition of animals in the city. To this end he is authorized, upon approval of the city council, to establish, maintain and enforce such quarantine, sanitary, testing and immunizing measures and to promulgate such rules and regulations as he may deem necessary and proper. He shall supervise the examination and testing of animals or premises for the presence of contagious, infectious or communicable disease. He shall immediately report any human infectious or communicable disease found in animals to the health officer or his duly authorized deputy. [Ord. 2010-126 § 1 (Exh. A); Ord. 2009-108 § 1 (4-1-53)].

6.04.420 Animals with infectious disease outside this city.

When the city veterinarian has determined that an infectious disease exists among animals in any area and the importation of animals from such area might spread such disease among the animals within the city, he shall notify the city council, designating and describing the area where such disease has been found and shall, with their approval, establish such quarantine restrictions as the circumstances shall warrant. The city council may refuse to permit shipments of animals from such areas to the city unless accompanied by a certificate signed by state or federal veterinarian certifying that the animals for which such certificate is issued are not infected with or exposed to an infectious disease. Any animals entering the city from any area so described and designated without such a certificate may be quarantined by the city veterinarian and confiscated or disposed of in such manner as to eliminate any danger of the animals within the city being exposed to infection from such disease. [Ord. 2010-126 § 1 (Exh. A); Ord. 2009-108 § 1 (4-1-54)].

6.04.430 Investigation of diseased animals within city.

The city veterinarian shall investigate all reports of the presence of infectious diseases affecting animals within the city. He is authorized to enter any premises where animals are kept, or on which he has reason to believe that animals are kept, in order to carry into effect the provisions of this chapter, and it shall be unlawful for any person to interfere with the official action of the city veterinarian or his authorized deputy. The city veterinarian may quarantine any animal suspected of being infected with or exposed to an infectious disease for a reasonable period of observation and until such tests as may be required to ascertain the presence or absence of an infectious disease are completed. Upon discovery of any infectious disease affecting animals in the city, the city veterinarian shall establish such quarantine, sanitary, testing, immunizing and control measures as may be necessary to control or eradicate such disease and prevent the spread thereof to other animals. The city veterinarian may quarantine any animal upon the land or premises where such diseased animal has been kept, and thereafter it shall be unlawful for any person to break such quarantine or to move or allow to be moved any such animals from within the premises thus quarantined, or across the quarantine line so established, without first obtaining permission from the city veterinarian. If, after inspection, the city veterinarian shall deem it proper to issue such a permit, he may cause such animal, premises and vehicles of transportation and any infected materials, equipment or effects to be properly cleaned and disinfected. [Ord. 2010-126 § 1 (Exh. A); Ord. 2009-108 § 1 (4-1-55)].

Cross-reference: interference with public officers prohibited, AVMC 8.20.040.

6.04.440 Damage or removal of quarantine notice.

It shall be unlawful for any person, during the existence of such quarantine, to remove, tear, deface, mutilate, obscure or otherwise destroy or interfere with any placard, notice or proclamation declaring such quarantine. [Ord. 2010-126 § 1 (Exh. A); Ord. 2009-108 § 1 (4-1-56)].

6.04.450 Violation.

All animals brought into the city in violation of any of the provisions of this chapter shall be subject to quarantine, examination and test, at the expense of the owner, by the city veterinarian, who may dispose of such animal to protect the public health and the health of domestic animals of the city. [Ord. 2010-126 § 1 (Exh. A); Ord. 2009-108 § 1 (4-1-57)].

Article IX. Licensing of Commercial Animal Establishments

6.04.460 Licenses required.

It shall be unlawful for any person(s) to maintain additional or unusual animals, as specified in Article X of this chapter, or to engage in, conduct, manage or carry on any of the following commercial animal establishments, businesses, practices, professions, or occupations within the city without first having obtained a license therefor in accordance with this article:

A. Animal exhibition;

B. Animal rental establishment;

C. Commercial stable;

D. Grooming parlor or mobile grooming facility;

E. Kennel;

F. Pet shop. [Ord. 2012-145 § 11].

6.04.470 Applications for licenses.

The director shall receive all applications for commercial animal establishment licenses and shall provide such application forms as are necessary for the convenience of the public and the economic and efficient administration of this title. [Ord. 2012-145 § 11].

6.04.480 License fees.

The applicant for a commercial animal establishment license shall pay the fee established by the city of Mission Viejo. Such fee shall be payable in full at the time of submittal of the application and shall not be refundable. [Ord. 2012-145 § 11].

6.04.490 Duration of license.

Each commercial animal establishment license shall be in effect for one year from the date on which it was issued, unless otherwise provided by resolution of the city council. [Ord. 2012-145 § 11].

6.04.500 Reasons for denial.

The director shall deny the application for a license if he or she finds that:

A. The applicant does not fulfill the specific requirements for such license as set forth in this title.

B. The applicant has made any false, misleading, or otherwise deceptive statement in his application.

C. The applicant is not a fit person to carry on the licensed commercial animal establishment.

D. The issuance of a commercial animal establishment license to the applicant would be detrimental to the public health, safety, public morals or public order. [Ord. 2012-145 § 11].

6.04.510 Form of license.

The commercial animal establishment license and each duplicate thereof shall contain the date of issuance, the date of expiration, the location(s) of the licensed activity, the signature of the director, and such other matters as are specified in this title and as the director deems appropriate. [Ord. 2012-145 § 11].

6.04.520 Display of license.

Each licensee shall display his license or duplicate license in a prominent location in each licensed establishment; or, if there is none in the city, shall carry his license on his person at all times when conducting the business permitted by the license; or, if a vehicle is licensed, in such vehicle; and each licensee shall display his license to any peace officer so requesting to see it. [Ord. 2012-145 § 11].

6.04.530 Revocation of license.

When the director has issued a license under the terms of this title, the same may be revoked at any time thereafter by the director if he or she becomes satisfied that the conduct of the licensed commercial animal establishment does not or will not comport with the public welfare for any reason or that the same has been conducted in an illegal, improper or disorderly manner, or in a manner substantially different than that described in the licensee’s application, or for any other reason for which the application could have been denied. [Ord. 2012-145 § 11].

6.04.540 Licenses not transferable.

No commercial animal establishment license issued under the terms of this article shall be transferable or used in conjunction with any activity other than the licensed commercial animal establishment business, and no such license shall be displayed by any person other than the licensee or his employee, nor at any location other than that indicated in the license or application. [Ord. 2012-145 § 11].

6.04.550 Dog kennel.

In addition to complying with AVMC 6.02.110, holders of a dog kennel license required by AVMC 6.04.460 must comply with the following additional requirements:

A. Dog kennel runs shall be made of concrete, with adequate draining for proper sanitation, or, if sand or pea gravel is used, droppings must be picked up and disposed of and the runs treated periodically with an effective disinfectant.

B. All dogs under the custody or control of a dog kennel must be vaccinated for rabies in accordance with the provisions of AVMC 6.04.180. Upon the sale of any dog for which a kennel has obtained a vaccination pursuant to this section, the owner of such kennel shall provide the purchaser of such dog with the certificate of vaccination.

C. An individual license shall be obtained for each dog in accordance with AVMC 6.04.100, in addition to a kennel license required by AVMC 6.04.460, when such dog is not kept exclusively in a kennel run or cage. No individual license shall be required for any dog in transit, or when attending a dog show in the care of a kennel representative.

D. The holder of a dog kennel license required by AVMC 6.04.460 shall keep available for inspection, on the premises, a record that shall show:

1. The name, current address and telephone number of the owner of each animal kept at the kennel;

2. The date such animal entered the kennel;

3. The reason for such animal being at the kennel, such as for boarding, sale, breeding or grooming;

4. The description of the animal, including its age, breed, sex and color;

5. As a part of such record, a current, valid rabies certificate shall be maintained for every dog over four months of age so long as such dog is kept at the kennel. [Ord. 2012-145 § 11].

6.04.560 Cat kennel.

In addition to complying with AVMC 6.02.110, holders of a cat kennel license required by AVMC 6.04.460 must comply with the following additional requirements:

A. The cat kennel operator shall keep all cats therein under proper confinement on the premises and shall not cause, permit or allow such cats to be or to run at large.

B. An individual license shall be obtained for each cat in accordance with AVMC 6.04.160, in addition to a kennel license required by AVMC 6.04.460, when such cat is not kept exclusively in a kennel run or cage. No individual license shall be required for any cat in transit, or when attending a cat show in the care of a kennel representative. [Ord. 2012-145 § 11].

6.04.570 Veterinary hospitals and clinics.

Veterinary hospitals and veterinary clinics shall be exempt from the provisions of this title with regard to those activities conducted pursuant to any license or permit issued by the state. [Ord. 2012-145 § 11].

6.04.580 Pet shops.

In addition to complying with the requirements of AVMC 6.02.110, the holder of a pet shop license that provides space to a publicly operated animal control agency, a nonprofit humane society, or a nonprofit animal rescue agency for the purpose of adopting animals to the public shall be responsible for ensuring that a rabies vaccination is obtained for each dog within its pet shop in accordance with the provisions of AVMC 6.04.180. Upon the adoption of any dog, the owner of such pet shop shall be responsible for ensuring that the purchaser of such dog is provided with the certificate of vaccination. [Ord. 2012-145 § 11].

6.04.590 Appeals.

Any person whose application for an animal establishment license is denied, or whose license is revoked, under the terms of this title, may appeal the decision in accordance with the provisions of Chapter 1.10 AVMC. [Ord. 2012-145 § 11].

Article X. Additional or Unusual Animal Licenses

6.04.595 Purpose.

The additional or unusual animal license is established to permit the keeping or maintaining as a pet or for the personal use of members of the family residing on the premises the following:

A. Any number of wild or exotic animals, provided such animal(s) will not jeopardize, endanger or otherwise constitute a menace to the public health, safety or general welfare; and

B. Dogs or cats exceeding the number permitted by AVMC 6.04.170, provided such animal(s) will not be materially detrimental to the use, enjoyment or valuation of property of other persons located in the vicinity of such site. [Ord. 2012-145 § 12].

6.04.600 Application – Filing.

Any person desiring an additional or unusual animal license may file an application, along with the fee established by the city of Mission Viejo, with the director, except that no application shall be filed or accepted if final action has been taken within one year prior thereto by the director or the city council on an application requesting the same, or substantially the same, license. [Ord. 2012-145 § 12].

6.04.610 Issuance of license.

The director shall grant an additional or unusual animal license when the following criteria are met:

A. That the requested animal or animals at the location proposed will not jeopardize, endanger or otherwise constitute a menace to the public health, safety or general welfare; and

B. That the proposed site is adequate in size and shape to accommodate the animal or animals requested without material detriment to the use, enjoyment or valuation of the property of other persons located in the vicinity of the site; and

C. That the owner or custodian of the animal or animals has complied with any other applicable laws, including zoning regulations.

The director shall deny the application where the information submitted by the applicant fails to substantiate these criteria to the satisfaction of the director. [Ord. 2012-145 § 12].

6.04.620 Conditions.

The director, in approving an application for an additional or unusual animal license, may impose such conditions as are deemed necessary to ensure that such animals will be kept or maintained in accord with the criteria specified in AVMC 6.04.580 or the requirements of AVMC 6.02.110. [Ord. 2012-145 § 12].

6.04.630 Limitations on and duration of license.

Each individual additional or unusual animal must be licensed under this article. An additional or unusual animal license shall specify the number and types of animals authorized to be kept on the parcel, and shall contain any conditions deemed necessary by the director.

The additional or unusual animal license is non-transferable and must be renewed annually.

Failure to comply with the requirements set forth in this chapter, regulations promulgated by the city council, or conditions imposed by the director shall constitute cause for denial or revocation of the license. [Ord. 2012-145 § 12].

6.04.640 Appeals.

Article XI. Animal Exhibition Licenses

6.04.660 Scope.

All licensed animal exhibitions shall comply with AVMC 6.02.110 and the requirements of this article. [Ord. 2012-145 § 13].

6.04.670 Food service.

All food handling and food preparation shall meet the requirements of all applicable state and county health ordinances and regulations. [Ord. 2012-145 § 13].

6.04.680 Toilet facilities.

Toilets shall be either water-flush or the chemical type. The chemical-type toilets shall be serviced by a licensed vacuum truck. An adequate number of toilets for each sex shall be provided according to the following table:

No. toilets required	No. persons in attendance
No. toilets required	Male	Female
1	1-100	1-100
2	101-200	101-200
3	201-400	201-400
	Over 400, add 1 toilet for each additional 500 males and 1 for each additional 300 females.

[Ord. 2012-145 § 13].

6.04.690 Animal safekeeping.

All stock, such as ponies, dogs, monkeys or other animals, is to be kept tied or in cages, so as not to endanger human life or destroy growing crops or other property adjoining the exhibition. [Ord. 2012-145 § 13].

6.04.700 Water supply.

All water supplied for domestic use shall be from an approved source. [Ord. 2012-145 § 13].

6.04.710 Fly control.

Fly breeding shall be controlled by removing all organic waste daily from the premises. This includes cleaning of the vehicles, upon arrival, that transport the animals. Insecticides, both residual and quick knockdown sprays, shall be available and used as directed by the director. [Ord. 2012-145 § 13].

6.04.720 Final cleanup.

All manure, garbage, trash or other types of refuse shall be removed from the premises immediately after the last showing. [Ord. 2012-145 § 13].

6.04.730 Safety.

All electrical wiring, machinery, lighting and other electrical devices, tents, grandstands, amusement rides, compressed gas containers, inflammable liquids and any and all other structural, mechanical, electrical and chemical materials, devices, structures or installations shall conform in all respects to the safety standards of the city ordinances and to the satisfaction of the fire chief. [Ord. 2012-145 § 13].

Cross-references: violations and penalties generally, Chapter 1.06 AVMC; feeding nondomesticated animals near outdoor dining areas, Chapter 8.26 AVMC; parks, Chapter 11.10 AVMC.