Chapter 13-08
CONTROL AND LICENSING OF DOGS, CATS, LIVESTOCK, AND OTHER DOMESTIC AND NONDOMESTIC ANIMALS – GENERALLY
Sections:
13-08.020 Dogs on public school property.
13-08.030 Female cats and dogs in season to be confined.
13-08.050 Public nuisance complaint administrative procedures.
13-08.080 Administrative hearing.
13-08.090 Public protection from dogs.
13-08.100 Abatement of public nuisances through legal action.
13-08.010 Restraint of dogs.
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, the dog to be upon any private property unless such dog is contained or 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, the 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. 2017-1 § 1 (part): Ord. 2016-9 § 1 (part): OCC § 4-1-45. Formerly 13-12.010)
13-08.020 Dogs on public school property.
No person having the charge of any dog, except a disabled person with a guide or service dog, shall permit the dog under any circumstances to be on or within the public school property. This section, however, does not prohibit the use of dogs on school property for teaching or other school uses, when approved by the school officials. (Ord. 2017-1 § 1 (part): Ord. 2016-9 § 1 (part): amended during 1998 codification; OCC § 4-1-46. Formerly 13-12.020)
13-08.030 Female cats and dogs in season to be confined.
Every person owning or having charge of any 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. 2017-1 § 1 (part): Ord. 2016-9 § 1 (part): OCC § 4-1-47. Formerly 13-12.030)
13-08.040 Public nuisance.
A. No person shall allow, upon any premises owned, occupied, or controlled by such person, any animal to cause a public nuisance. This includes, but is not limited to, the disruptive sound created by barking, howling, crying, neighing, braying or making other sounds that unreasonably disturb other persons in the comfortable enjoyment of their life or property. Such activity is hereby deemed a public nuisance.
B. A dog shall not be deemed a public 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 or protecting person(s) or property.
(Ord. 2017-1 § 1 (part): Ord. 2016-9 § 1 (part): OCC § 4-1-48. Formerly 13-12.040)
13-08.050 Public nuisance complaint administrative procedures.
Upon receiving a complaint alleging a public nuisance as defined in Section 13-08.040, the Animal Services Department shall adhere to the following procedures:
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. For purposes of this chapter a “responsible person” is any of the following:
1. A person who allows a violation of or alleged violation of Section 13-08.040 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 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 and/or control over, the real property in or upon which an alleged 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.
5. There may be more than one responsible person for a violation(s).
C. 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 ten days but no more than thirty (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 public nuisance.
D. Upon receipt by the Animal Services Department of a third complaint between ten and thirty (30) days after the date of a second complaint pursuant to subsection B of this section, Animal Services staff will ask the complainant to obtain, complete and return to the Department within ten days of the request a formal witness statement form signed under penalty of perjury attesting to the public nuisance violation.
E. Upon receipt of a formal witness statement form, if the Director finds the animal owner to be in violation of Section 13-08.040, the Animal Services Department will issue an administrative citation pursuant to Title 1 in an amount set forth in Section 13-08.080(G).
(Ord. 2017-1 § 1 (part): Ord. 2016-9 § 1 (part))
13-08.060 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. 2017-1 § 1 (part): Ord. 2016-9 § 1 (part): OCC § 4-1-49. Formerly 13-12.050)
13-08.070 Dogs to be curbed.
A. It is unlawful for the owner or person having charge, custody or control of any dog to permit such dog 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 dog.
B. No person having the care, custody, charge or control of any dog shall permit or allow that dog 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 dog, 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 dog. Notwithstanding any other provision of this subsection, no person will be in violation of this subsection while within fifty (50) feet of a dispenser of bags or similar implements or containers capable of removing any feces deposited by a dog, provided such dispenser is immediately accessible to the person.
C. The owner or person having charge, custody or control of any dog 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 dog enrolled and participating in obedience classes or in any show for which the city has issued a special event permit or facility permit; and
2. Any guide or service dog.
E. Any person violating the provisions of this section shall be guilty of an infraction.
(Ord. 2017-1 § 1 (part): Ord. 2016-9 § 1 (part): OCC § 4-1-50. Formerly 13-12.060)
13-08.080 Administrative hearing.
A. Any person who receives an administrative citation for a violation of this title may contest it by calling the Animal Services Department within ten days of the issuance date located on the citation and requesting an administrative hearing. The animal owner and/or custodian may contest the citation by denying that a violation occurred.
B. If the administrative citation fine is not paid prior to the assigned date and time of the administrative hearing, the animal owner and/or custodian 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 and/or custodian may have to the citation.
C. Hearings shall be conducted, informally, by the Animal Services Department on the date assigned by the Department. The animal owner and/or custodian and the complainant will be notified of the assigned hearing date, time and location by the Department staff. The city of Mission Viejo will provide the parties the hearing procedures and protocols prior to the hearing.
D. The animal owner and/or custodian and the complainant shall each be given the opportunity to present testimony and evidence relevant to the citation. If the animal owner and/or custodian are a juvenile, under eighteen (18) years of age, they must be accompanied by an adult or legal guardian to the hearing or the administrative hearing will be deemed abandoned by the animal owner and/or custodian. Such abandonment shall also constitute a failure to exhaust administrative remedies concerning the violation set forth in the administrative citation.
E. The citation itself and accompanying complainant’s formal witness statement signed under penalty of perjury attesting to the public nuisance violation provided to the Animal Services Department shall be accepted by the Animal Services Department as prima facie evidence of the violation and the facts stated in such documents.
F. Failure of the animal owner and/or custodian 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 public nuisance violation and citation. The complainant’s failure to appear shall be noted and mailed to the animal owner and/or custodian and the complainant.
G. Fines for violating the provisions of this title shall be as follows:
1. Fine for first animal nuisance citation issued (per citation): three hundred dollars ($300.00).
2. Fine for second animal nuisance citation within the same twelve (12) month period: three hundred fifty dollars ($350.00).
3. Fine for third animal nuisance citation within the same twelve (12) month period: four hundred dollars ($400.00).
4. Fine for fourth animal nuisance citation within the same twelve (12) month period: four hundred fifty dollars ($450.00).
5. Fine for fifth animal nuisance citation within the same twelve (12) month period: five hundred dollars ($500.00).
6. Fine for sixth and subsequent animal nuisance citation issued within the same twelve (12) month period: five hundred fifty dollars ($550.00).
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 fifteen (15) days of due date, such that the total amount due is double the unpaid fine amount.
(Ord. 2017-1 § 1 (part): Ord. 2016-9 § 1 (part))
13-08.090 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 lawful 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 and/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 pursuant to 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 and/or custodian of the dog; or was committing or attempting to commit a crime upon the premises occupied by the owner and/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 one thousand dollars ($1,000.00), or by imprisonment in the county jail for a period of not more than six months or by both such fine and imprisonment.
(Ord. 2017-1 § 1 (part): Ord. 2016-9 § 1 (part): OCC § 4-1-51. Formerly 13-12.070)
13-08.100 Abatement of public nuisances through legal action.
Nothing in this chapter shall prevent the City Attorney from commencing a civil or criminal proceeding to abate a public nuisance as an alternative to the procedures set forth in this chapter. (Ord. 2017-1 § 1 (part): Ord. 2016-9 § 1 (part))