Chino Hills Municipal Code Ch. 6.08 Dogs and Cats

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

"Animal control enforcement agency" is that agency authorized by section 6.04.010 of this title to enforce animal control laws, regulations, and the provisions of this title.

"Apartment or condominium" means any multi-family residential housing structure or structures wherein the residential units are attached to two or more other residential units.

"Commercial kennel" means any place, other than a private kennel, where four or more dogs over four months or four or more cats over four months of age are kept.

"Enforcing Officer" means the City Manager, the Humane Officer, the City Health Officer, or such other person as the Council may, by resolution, designate.

"Microchip" means an implantable integrated circuit device placed under the skin of an animal that transmits an identification number when scanned.

"Residential zone, district, area, or planned unit development" means any real property in the City used for residential purposes which has been designated for residential use by the city or County of San Bernardino and which is not an apartment or condominium as defined in this section and which such real property is seven thousand two hundred (7,200) square feet or less.

(Ord. 92-16 § 1 (part); Ord. No. 278, § 2, 10-28-2014)

It is unlawful for the occupants of any dwelling unit in a residential zone, district, area, or planned unit development, excepting an apartment or condominium, to keep in the City more than five total animals (i.e., dogs and cats), of which no more than three such animals shall be dogs. Any dwelling unit on property larger than seven thousand two hundred (7,200) square feet shall be allowed the number and types of animals set forth in Section 6.12.060 of this Code and subject to the additional regulations contained in Chapter 6.12.

(Ord. 92-16 § 1 (part))

It is unlawful for the occupants of any apartment or condominium as defined in this chapter to keep in such apartment or condominium more than three animals (i.e., dogs and cats), of which no more than two such animals shall be dogs. By regulating the maximum number of dogs and cats permitted in an apartment or condominium as defined in this chapter, the city does not expressly or impliedly assume the responsibility or obligation for enforcing apartment rules or condominium covenants, conditions, and restrictions or association rules pertaining to the keeping of animals.

(Ord. 92-16 § 1 (part))

Each dog over four months of age harbored within the City shall be vaccinated with a state approved anti-rabies vaccine in accordance with state law and shall be licensed.

(Ord. 92-16 § 1 (part))

A. The Enforcing Officer or an authorized representative shall issue the license required by Section 6.08.040, upon receipt of the following:

1. Written or electronic application giving the name and address of the owner of the dog and a brief description of the dog;

2. Required license fee;

3. An anti-rabies certificate;

4. Evidence satisfactory to the Enforcing Officer that the dog has complied with the requirements of Section 6.08.160 of this chapter related to microchipping, either by having a microchip and a current address and phone number on file for that microchip or by meeting the requirements for an exemption as set forth therein; and

B. The license shall certify the payment of the required fee, the date the anti- rabies vaccination was administered and the compliance with Section 6.08.160 microchipping requirement and set forth the name and address of the applicant, a brief description of the dog, and the number allotted to such dog; and

C. Dogs trained and certified to lead the blind must still be licensed in accordance with the procedure outlined in this section but are exempt from paying the license fee.

(Ord. 92-16 § 1 (part))

(Ord. No. 287, § 2, 8-11-2015)

A. Fees—General. Every person owning or harboring any dog over four months of age within the City shall annually pay to the Enforcing Agency an annual license fee as established by resolution of the City Council.

B. Fees—New Residents in the City. The owner of any dog, when the owner moves into the city from another community, upon the presentation of a rabies vaccination receipt signed by a licensed veterinarian and a license receipt from another community for the current year, may be issued a license tag upon the payment of a fee to cover the cost of the tag.

C. Penalties. A penalty may be added to each license fee for failure to pay such fee within thirty (30) days after such license fee shall fall due. The amount of penalty shall be established by resolution of the City Council.

(Ord. 92-16 § 1 (part))

An owner of a dog, or one whose custody or possession a dog is in, must show proof upon demand by the Enforcing Officer or representative and prior to obtaining a license for such dog, that such dog has been vaccinated with a state-approved anti-rabies vaccine in accordance with state law.

(Ord. 92-16 § 1 (part))

Only veterinarians licensed by the State of California, or other state, to practice veterinary medicine may immunize dogs against rabies. Upon immunization with a rabies vaccine, the veterinarian shall issue a rabies vaccination certificate to the dog owner or one whose custody or possession the dog is in, a copy of which the veterinarian must forward to the Enforcing Officer or his or her or their representative to be kept on file.

(Ord. 92-16 § 1 (part))

At the time of the issuance of a dog license, the Enforcing Officer or an authorized representative will deliver to the applicant for such license a metal tag which shall set forth the date of expiration of the license.

(Ord. 92-16 § 1 (part))

It shall be the duty of the owner or harborer of the dog for which a tag is issued to maintain such tag on such dog.

(Ord. 92-16 § 1 (part))

It is unlawful for any person other than the Enforcing Officer, or his, her, or their representative, or the owner of the dog, except in the case of an emergency, to remove from any dog a dog tag or license.

(Ord. 92-16 § 1 (part))

A. Biting Dogs—Quarantine. Whenever it is shown that any dog has bitten any person, the owner or person having the custody or possession of such dog shall, upon the order of the City Health Officer or his, her, or their representative, quarantine the dog and keep it securely chained for a period of ten (10) days and shall permit the City Health Officer or his, her, or their representative to make an inspection or examination of such dog at any time during such period. Quarantined dogs shall not be removed from the premises where they have been quarantined without permission of the City Health Officer. The City Health Officer, in the interest of protecting the person bitten, may order the dog quarantined for a period of ten (10) days at the owner's expense at the city's designated pound or at a licensed veterinary hospital.

B. Dogs Having or Suspected of Having Rabies. The Enforcing Officer or an authorized representative shall have the right to seize any dog within the City having or suspected of having rabies and cause such dog to be examined by the City Health Officer, and it shall be the duty of the City Health Officer to examine the dog for the purpose of determining if such dog is afflicted with rabies.

(Ord. 92-16 § 1 (part))

No person owning, having an interest in, harboring or having charge, care, control, custody or possession of any dog shall cause or permit such dog to be in or upon any public street, alley or other public place or in or upon any unenclosed lot or premises, unless such dog is securely confined by a strong cord, chain or leash, not exceeding six feet, securely and continuously held by a competent person owning, having an interest in, harboring or having charge, care, control, custody or possession of such dog, or unless such dog is confined within an automobile or in an off-leash dog area established by ordinance and posted in accord with Section 6.01.170 in this Code.

(Ord. 92-16 § 1 (part))

(Ord. No. 294, § 2, 12-8-2015)

A. Dogs at Large. It shall be the duty of the Enforcing Officer to impound any dog running loose upon a public street, sidewalk, lane, alley, court, or other public place or upon any private property or premises, other than those of the person owning or having control or custody of such dog, and the Enforcing Officer shall keep the dog impounded until claimed, destroyed, or otherwise disposed of by the Enforcing Agency.

B. Release to Owners—Fees. The owner, caretaker or custodian of a dog so impounded may reclaim such dog upon the payment of the required license fee, if applicable, a redemption fee, and food and care costs in an amount established by resolution of the City Council. These fees are to be paid to the Enforcing Officer.

C. Adoption—Disposal. Where the owner, caretaker, or custodian of the dog is known, he or she will be notified by mail that his or her animal has been impounded. If the dog has not been reclaimed within ten (10) days from mailing of the notice to the owner's or custodian's last known address on file, or within three days of the impoundment where no owner, caretaker, or custodian is known, the Enforcing Officer, in lieu of destroying such dog, may offer the dog for adoption. The Enforcing Officer, however, with the approval of a licensed veterinarian or humane officer of the state, may humanely destroy any impounded animal on the same day it is impounded if the animal is in great pain or discomfort due to any injury or infectious disease which may contaminate and be detrimental to the health of the other animals at the animal shelter.

(Ord. 92-16 § 1 (part))

A. Release to Owners—Fees. The owner, caretaker, or custodian of a cat impounded may reclaim such cat upon the payment of a redemption fee and food and care cost in an amount as established by resolution of the City Council. These fees are to be paid to the Enforcing Officer.

B. Adoption—Disposal. Where the owner, caretaker, or custodian of the cat is known, he or she will be notified by mail that his or her animal has been impounded. If the cat has not been reclaimed within ten (10) days from mailing of the notice to the owner's or custodian's last known address on file, or within three days of the impoundment where no owner, caretaker, or custodian is known, the Enforcing Officer, in lieu of destroying such cat, may offer the cat for adoption. The Enforcing Officer, however, with the approval of a licensed veterinarian or humane officer of the state, may humanely destroy any impounded animal on the same day it is impounded if the animal is in great pain or discomfort due to any injury or infectious disease which may contaminate and be detrimental to the health of the other animals at the animal shelter.

(Ord. 92-16 § 1 (part))

A. All dogs over the age of four months must be implanted with an identifying microchip. The owner or custodian is required to provide the microchip number to the Animal Control Enforcement Agency, and shall notify the Animal Control Enforcement Agency of any change of ownership of the dog, or any change of address or telephone number. Compliance with this section is required to obtain a dog license required by CHMC Section 6.08.040.

B. Exemptions. The mandatory microchipping requirements shall not apply to any of the following:

1. A dog with a high likelihood of suffering serious bodily injury, if implanted with the microchip identification, due to the health conditions of the animal. The owner or custodian must obtain written confirmation of that fact from a California licensed veterinarian. If the dog is able to be safely implanted with an identifying microchip at a later date, that date must be stated in the written confirmation.

2. A dog which would be impaired of its athletic ability or performance if implanted with the microchip identification. The owner or custodian must obtain written confirmation of that fact from a California licensed veterinarian. If the dog is able to be safely implanted with an identifying microchip at a later date, that date must be stated in the written confirmation.

C. When an impounded dog is without microchip identification, in addition to satisfying applicable requirements for the release of the animal, including but not limited to payment of impound fees pursuant to this Ordinance, the owner or custodian shall also do one of the following:

1. Have the dog implanted with an Animal Control Enforcement Agency microchip by a registered veterinarian technician or veterinarian or designated personnel at the expense of the owner or custodian.

2. At the discretion of the Animal Control Enforcement Agency, the dog may be released to the owner or custodian if he or she signs a statement under penalty of perjury, representing that the dog will be implanted with a microchip and that he or she will submit a statement within ten (10) days of the release, signed by a California licensed veterinarian, confirming that the dog has been so implanted and provide the microchip number to the Animal Control Enforcement Agency or allow the Animal Control Enforcement Agency to scan the dog for the microchip to verify. Failure to subsequently submit a signed statement by a California licensed veterinarian within ten (10) days of the release, confirming that the dog has been so implanted and provide the microchip number to the Animal Control Enforcement Agency or allow the Animal Control Enforcement Agency to scan the dog for the microchip to verify a microchip has been implanted, is a violation of this Code.

D. Allocation of Fees and Fines Collected. All costs, fees, and fines collected under this section shall be paid to the Animal Control Enforcement Agency for the purpose of defraying the cost of the implementation and enforcement of this program and for low cost microchipping programs administered by the Animal Control Enforcement Agency.

(Ord. No. 278, § 3, 10-28-2014; Ord. No. 287, § 3, 8-11-2015)

A. Designation of Off-Leash Dog Area. The City Council shall designate off-leash dog areas by Resolution.

B. Posting of Off-Leash Dog Areas. Off-leash dog areas shall be fenced and posted as off-leash dog areas with prominent signage in a form approved by the Community Services Director.

C. Regulations Applied to Off-Leash Dog Areas. The following regulations shall apply to off-leash dog areas:

1. The use of an off-leash dog area is a privilege, not a right, and every person shall follow all regulations established for the safety of humans and animals in order to be allowed this privilege.

2. Persons shall use a suitable container or instrument to remove their dog's feces and shall dispose of it in a sanitary manner in designated waste containers.

3. No person shall harass, tease or incite any dog in any way in any off-leash dog area, including, but not limited to, verbal or physical gestures or throwing of objects.

4. No person shall leave or abandon any dog or other animal unsupervised in any off-leash dog area.

5. Dogs exhibiting aggressive behavior towards any person or another animal shall be immediately leashed and removed from the off-leash dog area by the person responsible for the dog.

6. Persons entering the off-leash dog area do so at their own risk.

7. The City is not liable for the injury or death of a person or animal resulting solely from the actions of a dog in any off-leash dog areas owned or operated by the City.

8. If a dog injures a person or another animal, the person responsible for the dog shall immediately provide the dog owner's name and address, as well as any insurance information requested by or on behalf of the injured person, or by any city employee and shall file a report with the City within five (5) days on a form approved by the Community Services Director.

9. A person shall not release more than three (3) dogs at any one time into an off-leash dog area.

10. No person under the age of fourteen (14) shall release any dog in the off-leash dog area.

11. Aggressive dogs, dogs in heat, and puppies younger than four (4) months are not permitted within an off-leash dog area.

12. Dogs barking excessively or aggressively shall be immediately leashed and removed from the off-leash dog area by the person responsible for the dog.

13. Persons responsible for dogs in the off-leash dog area shall actively discourage the dogs under their supervision from digging. All holes shall be promptly filled by the person responsible for the dog that dug the hole.

14. Food of any kind (including dog treats), and glass containers are not permitted in the off-leash dog area.

15. Dog obedience classes and other events are not permitted, unless written permission is obtained from the Community Services Director or designee.

D. The Community Services Director may authorize a fenced area to be temporarily designated as an off-leash dog area in connection with an event or activity. Such applications shall be made using a form approved by the Community Services Director. Any private persons or groups which formally request such a designation for an event or activity are responsible for providing proof of insurance, any necessary fencing, and postings in compliance with Subsection C of this section.

E. Private persons or entities may apply to have parks, or portions thereof, which are under their management and control designated as off-leash dog areas. Such applications shall be made using a form approved by the Community Services Director. Any private persons or entities which own or operate an off-leash dog area are responsible for providing necessary fencing and postings in compliance with Subsection C of this section.

F. Other Regulations. The City Manager may approve additional administrative regulations relating to the use of any off-leash dog area not inconsistent with this chapter, and shall cause those regulations to be posted prominently within the off-leash dog area.

G. Administrative Remedies. In addition to other penalties prescribed by his Code, violation of any of the regulations established by Subsection C of this section may be subject to the administrative procedures set forth in Section 1.18 of this Code, including, but without limitation, civil penalties, administrative fees and other related charges.

(Ord. No. 294, § 3, 12-8-2015)