Chino Hills Municipal Code Ch. 6.16 Prohibited Animals and Conduct

Notwithstanding other definitions in this code, for the purposes of this Chapter 6.16, unless otherwise apparent from the context, the words and phrases used in this chapter are defined as follows:

"Animal Control Officer" shall mean an animal control officer as defined in Penal Code § 830.9, authorized to perform any duties authorized pursuant to California State Law.

"Enforcing Officer" means the humane officer or an animal control officer employed by the head of the animal control enforcement agency designated by resolution of the City Council pursuant to Section 6.04.010.

"Humane Officer" shall mean a humane officer qualified pursuant to California Corporations Code § 14502, authorized to perform any duties authorized pursuant to California State Law.

(Ord. No. 401u, § 4, 9-12-2023; Ord. No. 402, § 4, 9-26-2023)

A. Wild Animals. No species of animals commonly referred to as wild as defined in Fish and Game Code Section 2116 may be kept or maintained on any property within the City.

B. Male Goats. It shall be also prohibited to keep or maintain on any property in the City any male goat, with the following exception: Any un-castrated male goat will be allowed within the City, subject to the approval of and in compliance with an Equestrian and Large Animal Use Permit only in the Level 1 Overlay and if such use does not violate any other provision or local or state law. Castrated male goats will be allowed within the City subject to Table 1 Permitted Uses and Animal Types set forth in Section 16.33.030 of this Code.

C. Fowl. It is unlawful for any person to keep in any residential zone in the City any rooster, peafowl, guinea fowl or any other fowl which, by sound or cry, shall unreasonably disturb the peace and quiet of the neighborhood.

D. Bees. It is also prohibited to intentionally maintain bees on any property within the City which is less than ten (10) acres. Such bees shall be maintained at least five hundred (500) feet from any residence.

E. Swine. Except as provided in Sections 6.24.090, and Chapter 6.24 of this title, under no circumstances shall any animal of the swine family be kept or maintained on any nonagricultural property in the City.

F. Bison/Buffalo. It shall be prohibited to keep or maintain on any property in the City any bison/buffalo, unless permitted by and in compliance with an Equestrian and Large Animal Use Permit and if such use does not violate any other provision or local or state law.

G. Reclamation Procedures. The owner or custodian of the prohibited animal must relocate the prohibited animal outside of the City and provide the enforcing officer a relocating address outside the City limits or provide the enforcing officer with an intended disposition of the wild animal, male goat, fowl, or bees.

H. It is an infraction, subject to punishment in accordance with Section 1.36.010 et seq. of this Code, to provide false information to the enforcing officer regarding a relocation address or disposition of the wild or exotic animal, male goat, swine, or rooster.

(Ord. 23 § 3, 1992; Ord. 92-16 § 1 (part))

(Ord. No. 260, § 3(a), 1-8-2013; Ord. No. 270, § 3.C, 4-8-2014)

Every person owning or occupying premises within any agriculture zone of the City where any animal, fowl, or bird is kept shall keep the stable, barn, stall, pen, coop, building, or place in which such animal is kept in a clean and sanitary condition so as not to be detrimental to the public health.

(Ord. 92-16 § 1 (part))

It is unlawful for any person within the City having care, charge, control, or possession of any animal or fowl to permit it to be, remain, go, or run at large upon any public street, alley, unenclosed lot, or land in the City, except dogs on leashes, cats, racing homing pigeons during runs, an animal in a vehicle, or a horse mounted or led by a responsible person.

(Ord. 92-16 § 1 (part))

It is unlawful to, tie, or otherwise fasten any horse, cow, or other animal to any tree, shrub, or utility pole or other structures, located within the public right-of-way.

(Ord. 92-16 § 1 (part))

(Ord. No. 270, § 3.C, 4-8-2014)

A. No person shall own or keep any animal that is dangerous. An animal is considered dangerous when:

1. Unprovoked, it acts in an aggressive manner, or inflicts serious injury on or kills a human being;

2. Any animal which, when unprovoked, has killed, seriously bitten, inflicted injury, or otherwise caused injury to a domestic animal.

B. This section does not apply to dogs.

(Ord. 92-16 § 1 (part))

(Ord. No. 401u, § 5, 9-12-2023; Ord. No. 402, § 5, 9-26-2023)

A. Except as otherwise specified in this Title, Chapter 9 of Division 14 of the Food and Agricultural Code (commencing with Cal. Food & Agric. Code § 31601) is hereby adopted as the law and procedures to be followed in the City of Chino Hills for potentially dangerous and vicious dogs.

B. "Potentially dangerous dog" shall have the meaning set forth in Food and Agricultural Code § 31602.

C. "Vicious dog" shall have the meaning set forth in Food and Agricultural Code § 31603.

D. Pursuant to Section 31625 of the Food and Agricultural Code, if upon investigation it is determined by the Enforcing Officer that probable cause exists to believe the dog poses an immediate threat to public safety, then the Enforcing Officer may seize and impound the dog pending a hearing to determine if the dog is potentially dangerous or vicious.

(Ord. No. 401u, § 6, 9-12-2023; Ord. No. 402, § 6, 9-26-2023)

A. In accordance with Food and Agriculture Code Section 31621, the administrative hearing procedure set forth in this section shall be used for the purpose of determining whether an animal other than a dog should be declared dangerous and whether a dog should be declared potentially dangerous or vicious.

B. If the Enforcing Officer or his or her representative has investigated and determined that there exists probable cause to believe that an animal other than a dog is dangerous, or that a dog is potentially dangerous or vicious, the animal may be impounded pending a hearing for the purpose of determining whether the animal in question should be declared dangerous, potentially dangerous, or vicious.

C. Administrative hearing procedure.

1. If an animal is impounded pending a hearing, the animal's owner/guardian shall, within five (5) working days of the animal being impounded, be served with a notice of administrative hearing. Notice may be served personally and/or by first class mail, postage prepaid. If notice is provided by mail, it shall be deemed effective on the third day after deposit in the United States Mail.

2. The notice of administrative hearing must set forth the time, date, and location of the administrative hearing, together with a statement of the reasons why the Enforcing Officer has determined probable cause exists to believe the animal is dangerous, potentially dangerous, or vicious.

3. The hearing must be held no less than five (5) working days nor more than ten (10) working days after service of notice upon the animal's owner/guardian.

4. The hearing officer shall be appointed by the head of the animal control enforcement agency designated by resolution of the City Council pursuant to Section 6.04.010.

5. At the time set for the hearing, the hearing officer will conduct a hearing to determine, based upon the evidence presented, whether there are sufficient grounds to declare the animal in question dangerous, potentially dangerous, or vicious. The hearing officer is authorized to administer oaths or affirmations under Code of Civil Procedure section 2093(a). The hearing officer may continue the hearing from time to time with the consent of the animal's owner/guardian.

6. The animal's owner/guardian may appear at the hearing and present oral and written evidence. Evidence may include, without limitation, witness testimony, documents, photographs, videos, or other similar evidence. Formal rules of evidence do not apply, but all evidence presented must be relevant and material to the issue of whether the animal in question should be declared dangerous, potentially dangerous or vicious. The owner/guardian may, at the owner/guardian's option, be represented by an attorney, as may the Enforcing Officer. The owner/guardian, Enforcing Officer, or their representatives, shall have the right to cross-examine any witness that testifies. If neither the animal owner/guardian nor a representative of the owner/guardian appear at the hearing, and the owner/guardian does not seek a continuance of the hearing, then the owner/guardian shall have been deemed to waive their right to a hearing and the Enforcing Officer's findings shall be adopted. The hearing shall be open to the public.

7. Within three (3) business days of the conclusion of the hearing, the hearing officer shall issue a written decision. The hearing officer will give written notice of the decision to the animal's owner/guardian, either personally or by first class mail, postage prepaid. The hearing officer's decision will be deemed served and final as of the date it is personally served or on the third day after it is deposited in the United States Mail, postage prepaid.

D. If the animal is determined to be dangerous, or a dog determined to be potentially dangerous or vicious, the owner/guardian of the animal or dog shall be liable for all costs and expenses of keeping the dog during impoundment and must pay such costs and expenses to the animal control enforcement agency.

(Ord. 92-16 § 1 (part))

(Ord. No. 401u, § 7, 9-12-2023; Ord. No. 402, § 7, 9-26-2023)

A. The hearing officer's decision is appealable to the City Manager. An appeal must be made in writing and submitted to the City Clerk within ten (10) days after service of the hearing officer's decision. There is no fee for the appeal.

B. Within three (3) business days of receipt of a timely appeal, the City Clerk shall serve the animal's owner/guardian with notice of the appeal hearing. Notice may be served personally and/or by first class mail, postage prepaid. If notice is provided by mail, it shall be deemed effective on the third day after deposit in the United States Mail.

C. The notice of hearing must set forth the time, date, and location of the appeal hearing. The hearing on the appeal must be held no less than five (5) working days and no more than ten (10) working days after service of notice upon the animal's owner/guardian. The City Manager may hold the hearing sooner or continue the hearing from time to time with the consent of the animal's owner/guardian. The hearing shall be open to the public.

D. The City Manager shall review the decision of the hearing officer, including, but not limited to, conditions imposed pursuant to Section 6.16.075, de novo and in accordance with the evidentiary procedures set forth in Section 6.16.060(C).

E. Within three (3) business days of the conclusion of the appeal hearing, the City Manager shall issue a written decision. The City Manager shall give written notice of the decision to the animal's owner/guardian, either personally or by first class mail, postage prepaid. The City Manager's decision will be deemed served and final as of the date it is personally served or on the third day after it is deposited in the United States Mail, postage prepaid.

F. Judicial Review. Judicial review of the City Manager's decision may be had by filing a written notice of appeal to the Superior Court in accordance with Section 31622 of the Food and Agriculture Code or other applicable law. Any such appeal must be filed within thirty (30) days of service of the City Manager's decision.

(Ord. 92-16 § 1 (part))

(Ord. No. 401u, § 8, 9-12-2023; Ord. No. 402, § 8, 9-26-2023)

A. Dangerous Animals Other Than Dogs.

1. An animal other than a dog that has been determined to be dangerous by a hearing officer, or by the City Manager or Superior Court on appeal, may be euthanized by the animal control enforcement agency if the hearing officer, City Manager, or Superior Court, as applicable, finds that release of the animal would pose a significant threat to the public health, safety, or welfare.

2. If it is determined that the animal found to be dangerous will not be euthanized, the hearing officer, City Manager, or Superior Court must impose conditions on the owner/guardian that are deemed reasonably necessary to protect the public health, safety, or welfare.

B. Potentially Dangerous Dogs. The following conditions apply to a dog determined to be potentially dangerous:

1. The dog must be properly licensed, microchipped, vaccinated, and spayed/neutered at the owner/guardian's expense before it is released to the dog's owner/guardian. If the dog was not impounded, the dog owner/guardian must provide proof that the dog is licensed, microchipped, vaccinated, and spayed/neutered within fourteen (14) calendar days after the decision or court order declaring the dog to be potentially dangerous is served on the dog owner/guardian. The animal control enforcement agency may include the designation in the registration records of the dog after the court or the hearing officer has determined that the designation applies to the dog.

2. The dog, while on the owner/guardian's property, must be kept indoors or in a securely fenced yard or enclosure from which the dog cannot escape, and into which children cannot enter pursuant to Section 31642 of the Food and Agriculture Code and must comply with all applicable sections of the Food and Agriculture Code applicable to potentially dangerous dogs. The owner/guardian must post a sign stating that a potentially dangerous dog lives at the residence. The owner/guardian must carry applicable liability insurance in an amount not less than one hundred thousand dollars ($100,000.00). The animal control enforcement agency must inspect and give written approval of the yard or enclosure before the dog is released to its owner/guardian. If the dog was not impounded, the animal control enforcement agency must inspect and give written approval of the yard or enclosure within fourteen (14) calendar days after the decision or court order declaring the dog to be potentially dangerous is served on the dog owner/guardian.

3. The dog may be off the owner/guardian's premises only if it is muzzled and restrained by a substantial leash, not exceeding six (6) feet in length, and if it is under the control of an adult capable of restraining and controlling the dog. At no time may the dog be left unattended while off the owner/guardian's premises.

4. The owner/custodian of a dog determined to be potentially dangerous must complete an obedience course for a minimum of ten (10) hours of training with the dog, at the owner/guardian's expense, within sixty (60) calendar days after release of the dog to the owner/custodian. The course must be approved by the animal control enforcement agency prior to the release of the dog. If the dog was not impounded, approval of the course by the animal control enforcement agency must be obtained within fourteen (14) calendar days after the decision declaring the dog to be potentially dangerous is served on the dog owner/custodian. The owner/guardian must provide proof of completion of the training within ten (10) days after completion of the course.

5. The owner/guardian of the dog shall notify the animal control enforcement agency immediately if the dog is at large or has committed an attack on any person or animal. If the dog no longer resides with the owner/guardian, or the dog is transferred to another person, the owner/guardian must advise the animal control enforcement agency of the dog's new location in writing under penalty of perjury and provide a copy of the administrative decision or court order declaring the dog to be potentially dangerous to the new owner and custodian.

6. The hearing officer, City Manager or Superior Court may impose other reasonable conditions that are necessary to protect the public health, safety, or welfare.

C. Vicious Dogs.

1. A dog that has been determined to be vicious by a hearing officer, or by the City Manager or Superior Court on appeal, may be euthanized by the animal control enforcement agency if the hearing officer, City Manager, or Superior Court finds that release of the animal would pose a significant threat to the public health, safety, or welfare.

2. If it is determined that the dog found to be vicious will not be euthanized, the hearing officer, City Manager, or Superior Court must impose conditions on the owner/guardian that are deemed reasonably necessary to protect the public health, safety, or welfare and in no event less restrictive than the conditions required for a potentially dangerous dog set forth in Section 6.16.075.B.

3. Pursuant to Food and Agriculture Code Section 31646, the owner or guardian of a dog determined to be vicious may be prohibited from owning, keeping, possessing, controlling, or having custody of any dog for a period of up to three (3) years, if, after proceedings conducted pursuant to Section 6.16.060 of this code, it is found that ownership or possession of a dog by that person would create a significant threat to the public health, safety, or welfare.

D. Removal of Potentially Dangerous Dog Designation.

1. If there are no additional instances of the behavior described in Food and Agriculture Code Section 31602 within a 36-month period from the date of designation as a potentially dangerous dog, the dog shall be removed from the list of potentially dangerous dogs. The dog may, but is not required to be, removed from the list of potentially dangerous dogs prior to the expiration of the 36-month period if the owner/guardian of the dog demonstrates to the animal control enforcement agency's satisfaction that changes in circumstances or measures taken by the owner/guardian, such as training of the dog, have mitigated the risk to the public safety.

E. Compliance with Conditions and Consequences of Violation of Conditions.

1. The hearing officer, City Manager, or Superior Court who determined that a dog was potentially dangerous or vicious, or an animal other than a dog was dangerous, may schedule follow-up hearing dates to ensure compliance with all conditions imposed.

2. Consequences that may result from the failure of an owner/guardian of a dog, or an animal other than a dog, released after a hearing pursuant to Section 6.16.060, to comply with any of the conditions imposed under Section 6.16.075 include, but are not limited to, the following:

a. Removal of the dog, or animal other than a dog, if the Enforcing Officer determines that probable cause exists to believe the dog, or animal other than a dog, poses a threat to public safety while a civil action for injunctive relief is brought in Superior Court.

b. A civil action for injunctive relief may be brought in Superior Court, which may include, but is not limited to, enjoining the person who violated the condition from owning or possessing the dog or animal other than a dog. If an injunction is ordered by Superior Court, all costs and expenses of keeping the dog or animal during impoundment will be charged to the owner/guardian. The filing and prosecution of an action for injunctive relief does not limit the authority or ability of the animal control enforcement agency to take any other action permitted by law;

c. A violation of a condition following a determination that a dog is potentially dangerous, may result in the filing of an action to determine if the dog is vicious under Section 6.16.060.B.

d. Criminal citations, fines or fees as authorized by law.

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

It is unlawful for any person to wilfully feed or in any manner provide for one or more coyotes except:

A. For a coyote that is kept with a valid certificate/permit issued by the State of California, Department of Fish and Game;

B. For a trapped, unweaned, or injured coyote during the time the agency in charge is notified and the coyote has been picked up.

(Ord. 92-16 § 1 (part))

No person shall slaughter any cattle, sheep, horses, goats, hogs, or any other animal, fowl, or reptile except for rabbits and chickens for domestic use within the City except in a slaughterhouse currently and legally existing within the City.

(Ord. 92-16 § 1 (part))

Any operation where milk is produced for wholesale or commercial distribution and where three (3) or more cows, goats or milk producing animals are in lactation is prohibited.

(Ord. No. 270, § 3.C, 4-8-2014)

Any cattle operation which serves as a central site for storing feed, feeding large number of animals, and generally raising agricultural livestock for sale, slaughter, or milk production is prohibited.

(Ord. No. 270, § 3.C, 4-8-2014)

Accumulation, stockpiling and storing or processing of manure, including commercial operations, is prohibited.

(Ord. No. 270, § 3.C, 4-8-2014)