Costa Mesa Municipal Code Ch. I In General

The following words, terms and phrases, when used in this title, shall have the meanings ascribed to them, except where the context clearly indicates a different meaning:

Animal.

Any vertebrate creature, domestic or wild.

Bee.

Any insect of the superfamily Apoidea in the order Hymenopfera characterized by sucking and chewing mouthparts for gathering nectar and pollen.

Bird.

Any of the class Aves of warm-blooded vertebrates distinguished by having the body more or less completely covered with feathers and the forelimbs modified as wings.

Cat.

Any Felis catus, over four months of age.

Dog.

Any Canis familiaris, over four months of age.

Domesticated animal.

Any animal trained or adapted to live in a human environment and be of use to humans.

Kitten.

Any Felis catus, under four months of age.

Livestock.

Horses, ponies, stallions, colts, geldings, mares, sheep, rams, lambs, bulls, bullocks, steers, heifers, cows, calves, mules, jacks, jennets, burros, goats, kids, swine, and poultry.

Nondomesticated animal.

Animals normally found in the wild state which are being kept for exhibition purposes or as private pets.

Person.

Any individual, partnership, corporation, trust or association.

Poultry.

All domesticated fowl and all game birds which are held in captivity. Puppy: Any Canis familiaris, under four months of age.

Reptile.

Any of the various cold-blooded, usually egg-laying vertebrates of the class Reptilia, such as a snake, lizard, crocodile or turtle, having an external covering of scales or horny plates and breathing by means of lungs.

(Ord. No. 07-16, § 1, 8-7-07)

"Animal control officer" shall mean any person employed, under contract or appointed by the city who is charged with the duty of enforcing the provisions of this title and all state laws relating to animal regulations.

(Ord. No. 07-16, § 1, 8-7-07)

"Business establishments" shall mean any commercial enterprise lawfully engaged in the sale, treatment or care of animals.

(Ord. No. 07-16, § 1, 8-7-07)

"City health officer" includes any person appointed by the city council as such, and also the Orange County Health Officer when designated as the city health officer and acting as such for and on behalf of the city.

(Ord. No. 07-16, § 1, 8-7-07)

Whenever the word "keep" is used in this title, it shall mean and include havingcustody or control of, maintaining, harboring, or exercising.

(Ord. No. 07-16, § 1, 8-7-07)

"Owner" shall include any person who has possession of, harbors, has charge of, has control of, keeps or maintains any animal in the city.

(Ord. No. 07-16, § 1, 8-7-07)

"Stray animals" shall include any animal which is lost, roaming or wandering in the city.

(Ord. No. 07-16, § 1, 8-7-07)

"Barking dog" means a dog that barks, bays, cries, howls or makes any noise audible beyond the boundaries of the property on which the dog is situated for an extended period of time to the disturbance of any person at any time of day or night, regardless of whether the dog is physically situated in or upon private property. Such extended period of time shall consist of incessant barking, baying, crying, howling or making of any noise for 30 minutes or more in any twenty-four-hour period, or intermittent barking, baying, crying, howling or making any noise for 60 minutes or more during any twenty-four-hour period. A dog shall not be deemed a "barking dog" for purposes of this article if, at anytime 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. No. 08-6, § 1, 8-19-08)

Neither the city nor any of its officers, employees or agents shall be liable for any injury suffered or disease contracted by any animal while being captured, seized, transported or impounded pursuant to this title.

(Ord. No. 07-16, § 1, 8-7-07)

(a) It is unlawful for the owner or person having charge, custody or control of any animal, to permit either willfully or through failure to exercise due care or control, any such animal, to commit any nuisance by leaving its feces and to allow said feces to thereafter remain on any public sidewalk, public gutter, public park, public street, or any other public property or on any improved private property other than that of the owner or person who has custody or control of such animal.

(b) The provisions of this section shall not apply to a disabled or vision impaired person whose disability or impairment would prevent the picking up of the feces, nor to a person using a dog trained in rescue while engaged in a city-recognized emergency or rescue activity.

(Ord. No. 07-16, § 1, 8-7-07)

No person shall keep any livestock within the city unless an application is made to the police chief for a special animal permit as set forth in Chapter VII of this title and is granted. This shall not apply to the Orange County Fairgrounds and Exposition Center.

(Ord. No. 07-16, § 1, 8-7-07)

It is unlawful for any person to keep, possess or harbor more than five animals over the age of four months on any premises, except on a business establishment premises on which a licensed business is operated, providing for the keeping of animals. Any person desiring to keep or maintain any animals in excess of the allowed number may make application to the police chief for a permit as set forth in Chapter VII of this title.

(Ord. No. 07-16, § 1, 8-7-07)

(a) No person having control, charge or custody of any animal shall permit the same to stray or run or be at large in or upon any public street or other public place within the city, or upon any private road or upon the premises of another without the permission of the owner of such premises, and any such animal found at large in any such place may be impounded as herein provided.

(b) It is unlawful for any person who owns, or is in charge of, or possesses any animal to permit, allow, or cause the animal to run, stray, or be uncontrolled in violation of this title so that the animal bites, attacks, or causes injury to any human being or other animal.

(c) Any animal running at large creating an annoyance or endangering public health or safety which cannot be seized for impoundment by ordinary means may be summarily destroyed by the animal control officer or a police officer.

(Ord. No. 07-16, § 1, 8-7-07)

No person shall keep, maintain or permit on any lot or parcel of land under his control any animal which, by any sound or cry disturbs the peace and comfort of the inhabitants of any neighborhood, or interferes with any person in the reasonable and comfortable enjoyment of life or property.

(Ord. No. 07-16, § 1, 8-7-07)

Where a fence or outdoor enclosure is used to confine an animal in order to comply with a provision of this title, the structure must be adequate to contain the animal and to prevent the animal from sticking its muzzle or body over or through the structure. The structure must be constructed so that the animal cannot escape by any means, must be of sufficient strength and stability so that it cannot be broken down by any action of the animal and must prevent entry by children. Fences or gates providing access to unsecured portions of the property must have a selfclosing and latching mechanism to prevent the animal from escaping the secured fenced area.

(Ord. No. 07-16, § 1, 8-7-07)

No person shall strike, threaten to strike, tease or harass any official police dog while any such dog is in the company of a peace officer or is located within an official police vehicle or police kennel.

(Ord. No. 07-16, § 1, 8-7-07)

Any person having charge, control, custody or possession of any animal which bites, scratches or injures any person or other animal shall, immediately after becoming aware of such fact, notify the police department. Notification shall include the date, time and place of the incident, a description of the animals involved, and the name and address of any person who was a victim of the incident.

(Ord. No. 07-16, § 1, 8-7-07)