Chino Hills Municipal Code Ch. 6.04 General Provisions

The City Council shall by resolution designate the primary enforcement agency for animal control laws, regulations, and the provisions of this title.

(Ord. 92-16 § 1 (part))

The provisions of Section 6.04.010 above shall not limit the city in receiving supplemental assistance or mutual aid to address emergency or urgent animal control situations. In addition, nothing in this section shall be construed to relieve any public officer or employee from performing statutorily defined duties or services relative to animal control—including the investigation, citation, or arrest of individuals suspected of violating state law enacted for the protection of individuals, the public, or the animals themselves.

(Ord. 92-16 § 1 (part))

The Enforcing Officer, for the purpose of enforcing the provisions of this title relative to the impounding of animals, shall have the right of entry, exclusive of a residential dwelling, upon any premises upon which any animal is kept or harbored, to investigate complaints relative to provisions of this title and/or to demand the exhibition by the person owning, or having charge or control of any such animal of any license, permit, or tag for such animal for the current year. Further, he or she may enter upon any premises while in the active pursuit of stray animals.

(Ord. 92-16 § 1 (part))

A. Any animal, animals, or fowl which molest passersby or passing vehicles, attack other animals, trespass on school grounds, is repeatedly at large, damages and/or trespasses on private or public property, barks, whines, howls, honks, squeals, screeches, or otherwise makes or creates excessive, continuous, or untimely noise shall be considered and deemed a nuisance.

B. Every person who maintains, permits, or allows a public nuisance to exist upon his or her property or premises, and every person occupying or leasing the property or premises of another and who maintains, permits, or allows a public nuisance as described above to exist on such property, after reasonable notice in writing from the City or agents of the City has been served upon such person to cease such nuisance, is guilty of a misdemeanor and subject to punishment in accordance with state law and Section 1.36.010 et seq. of this Code. The existence of such nuisance for each and every day after the service of such notice shall be deemed a separate and distinct offense.

(Ord. 23 § 2, 1992; Ord. 92-16 § 1 (part))

A dog, which barks in a substantially continuous manner in the daytime or nighttime to the annoyance of people in the neighborhood, may be declared to be a nuisance that may be abated by the procedures provided in this chapter regarding barking dogs. A dog shall not be deemed a "barking dog" for purposes of this chapter if, at any time the dog is barking, a person is trespassing or threatening to trespass upon private property in or upon which the dog is situated, or when the dog is being teased or provoked.

(Ord. 199 § 2, 2007)

A dog is subject to being deemed a nuisance when a declaration under penalty of perjury is filed with the Enforcing Agency by two declarants living in separate households within a sixty (60) day period. However, the Director of Community Services (hereinafter "Director"), or his or her duly authorized agent or representative, may waive the two-declarant requirement and accept a single declaration, if he or she determines geographic or other circumstances exist whereby a noise disturbance caused by an animal affects only one individual. A barking dog declaration of complaint shall state, in detail, all of the following:

A. That the declarant is a resident of a residential neighborhood located within two hundred (200) yards of the boundaries of the premises where the dog is located;

B. Within the past month, the declarant has heard the dog bark for substantially long periods of time to the extreme annoyance or discomfort of the declarant;

1. Any noise, which is audible continuously for ten (10) minutes or intermittently for thirty (30) minutes, shall be prima facie evidence of such annoyance or discomfort. Factors which can be used to evaluate the annoyance or discomfort caused by animal noise include, but are not limited to, (a) pitch; (b) pattern; (c) frequency of occurrence.

(Ord. 199 § 4, 2007)

A. Upon receipt of two such declarations, or waiver from the Director, the Enforcing Agency shall assign an officer to investigate the complaint(s). The officer shall personally interview both the complainant(s) and the dog owner or person who has custody of the dog.

B. If the investigating officer determines that there is merit to the complaint(s), the dog owner or person in whose custody the dog is with, shall be notified by the officer that the dog's barking is annoying the neighbors and that it must be abated.

C. If any further declaration is received by the Enforcing Agency concerning the same barking dog, within a six-month period from the date of the last initial declarations, the Enforcing Agency may take action by notifying the dog owner, or the person in whose custody the dog is with, by certified mail, return receipt requested, that an administrative hearing is to be held on a date, at least ten (10) days from the date the notice is received, concerning the dog's continuous barking.

D. At the time and place of the hearing, each complaining party, witnesses, and the Enforcing Officer and the investigator or their agents must be present. The Hearing Officer shall be a person designated by the Enforcing Agency.

(Ord. 199 § 6, 2007)

A. The Hearing Officer shall hear all facts and testimony which he or she deems pertinent. Such facts and testimony may include all evidence relevant to the nature of the complaint. The Hearing Officer shall not be limited by the technical rules of evidence. The owner of the dog or the person in whose custody the dog is may present a written statement in time for consideration at the hearing, and deny responsibility, with reasons for such denial. In the case of a barking dog, such reasons for denial might include barking to protect the residence on the property from trespassers, other animals on the property, or that the barking is in response to sirens or other unusual noises.

B. The Hearing Officer may impose such conditions and take such other action as deemed appropriate under the circumstances to carry out the purposes of this title. For example, in the case of a barking dog, the Hearing Officer may give the dog owner or the person in whose control the dog is in more time to control the dog's barking, if it is his or her opinion that the circumstances so justify. At the conclusion of the hearing, the Hearing Officer may find that there is a public nuisance and can order that the dog be removed from the property and/or disposed of as provided in this title, and determine the administrative costs and costs of removal to be charge against the owner of the dog or person who has custody of the dog.

C. The decision of the Hearing Officer shall become final twenty (20) days after written notice of such decision is mailed to the owner of the dog or the person in whose custody the dog is, unless an appeal to the City Council is filed.

(Ord. 92-16 § 1 (part))

Any interested person may appeal the decision of the Hearing Officer by filing a written notice of appeal with the City Clerk in accordance with Sections 1.20.010 to 1.20.040 of this Code within twenty (20) days of the date the notice of decision is mailed.

(Ord. 92-16 § 1 (part))

If a dog is finally determined to be a public nuisance, then the dog owner or the person whose custody the dog is shall have a period of twenty (20) days after the notice of the decision of the Hearing Officer is mailed, or twenty-one (21) days after the notice of the City Council action on appeal is mailed if it is a timely appeal, in which to permanently remove the dog from the City. If the dog is not removed from the City, within such period, or if the dog is removed and is thereafter returned to the city, the Hearing Officer may cause the dog to be impounded.

(Ord. 92-16 § 1 (part))

If a dog is determined to be a public nuisance, the dog owner or the person in whose custody the dog is will be charged with the administrative costs of the hearing and any costs of removal of the dog pursuant to this title. If the costs and charges stated in this chapter are not paid within thirty (30) days after the date of the order, or the final disposition of an appeal therefrom:

A. Such costs shall be assessed against the parcel of land of the dog owner, or of the person in whose custody the dog is, pursuant to the provisions of Section 38773.5 of the Government Code of the state and shall be transmitted to the tax collector for collection. Such assessment shall have the same priority as other city taxes; or

B. If the dog's owner, or the person in whose custody the dog is, is not the owner of the parcel of land on which the dog was kept, such costs and charges may be collected from the dog owner or the person in whose custody the dog is in a civil action commenced by the city in a court of competent jurisdiction.

(Ord. 92-16 § 1 (part))

For the purposes of this title, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

"Fowl" means a chicken, duck, goose, turkey, or other bird normally raised for meat or egg production.

"Large animal" means a horse, cow, sheep, goat, donkey, or similar animal which is normally housed in a corral or stable.

"Wild or exotic animal" means an ape, bear, cheetah, crocodile, deer, or similar animal.

(Ord. 92-16 § 1 (part))

The provisions of this title are not the exclusive regulation of large animals and fowl within the City. The provisions of this title shall supplement and be in addition to the other regulatory codes, statutes, and laws previously or hereafter enacted by the city, the state, or any other legal entity or agency having jurisdiction.

(Ord. 92-16 § 1 (part))

The provisions of this title shall not apply to animals or fowl in pet or animal shops or stores, or animals or fowl for training or research purposes at educational institutions or hospitals.

(Ord. 92-16 § 1 (part))

(Ord. No. 401u, § 3, 9-12-2023; Ord. No. 402, § 3, 9-26-2023)