Aliso Viejo Municipal Code Art. I Generally

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)].

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)].

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.

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)].

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)].

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)].

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)].

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)].

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)].