Dana Point Municipal Code Ch. 10.08 Humane Treatment

It is unlawful to abandon any animal, dead or alive, within the boundaries of the cities served by the Authority.

(Added by Ord. 96-01, 1/9/96; amended by Ord. 25-16, 11/18/2025)

It is unlawful to place, leave or expose, in any place accessible to any domestic animals with the intent to kill or harm such animals, any poisonous substance or ingredient, or any edible or any other substance or ingredient which has in any manner been treated or prepared with any poisonous substance or ingredient.

(Added by Ord. 96-01, 1/9/96; amended by Ord. 25-16, 11/18/2025)

It is unlawful to use any equipment, device, substance or materials on animals that is, or could be, injurious or cause unnecessary cruelty to any animal.

(Added by Ord. 96-01, 1/9/96; amended by Ord. 25-16, 11/18/2025)

Any person who, as the operator of a motor vehicle, strikes a domestic animal, shall render such assistance as may be possible and shall immediately report such injury or death to the animal's owner. In the event the owner cannot be ascertained and located, such operator shall attempt to obtain emergency care for the animal and at once report the accident to the Authority.

(Added by Ord. 96-01, 1/9/96; amended by Ord. 25-16, 11/18/2025)

No person or charitable organization shall offer, give away or auction off any animal as a prize or item in any contest, lottery, drawing or charitable auction.

(Added by Ord. 96-01, 1/9/96; amended by Ord. 12-02, 1/31/12; Ord. 25-16, 11/18/2025)

(a) It is unlawful to offer for sale, exchange or give away dogs or cats in public places such as in front of stores, at swap meets or auctions.

(b) This Section shall not apply to:

(1) A publicly operated animal control facility or animal shelter that gives away dogs or cats for an adoption fee;

(2) A private, charitable, nonprofit humane society or animal rescue organization that gives away dogs or cats for an adoption fee; or

(3) A dog or cat that is sold pursuant to Section 10.09.180 of this Title.

(Added by Ord. 96-01, 1/9/96; amended by Ord. 12-02, 1/31/12; Ord. 25-16, 11/18/2025)

(a) It is unlawful to leave an animal unattended and without proper food, water, and shelter for a period of more than 24 hours.

(b) In addition to the prohibition contained in Subsection (a) of this Section, it shall also be unlawful to do any of the following:

(1) Place a dog or allow a dog to remain on unoccupied property for a period of 24 hours or more regardless of whether the dog is provided proper food, water and shelter. For the purposes of this Section, "unoccupied property" shall mean the following:

(A) Residential property which is not actually and legally being used as a residence at such time as the dog is on the property. Examples could include, but are not limited to, residential property currently under construction and residential property not then being resided in by a person who can be and is responsive to complaints about the animal disturbing the peace of the neighborhood.

(B) Commercial property under construction or commercial property otherwise vacant.

(c) Exceptions: Subsection (b)(1) of this Section shall not apply to the following:

(1) The placement of a licensed guard dog on property once the licensed guard dog company obtains a permit from the City or its designee for the placement of guard dogs on the property;

(2) A dog remaining on the property of a resident who goes on vacation or otherwise temporarily does not occupy the property but leaves the animal under the care and supervision of another person who regularly checks on the animal at least once every 24 hours and who can and will be responsive to complaints about the animal disturbing the peace of the neighborhood.

(d) Dogs found in violation of this Chapter may be impounded by the Animal Authority until claimed by the property owner. The animal will not be released until the property is legally occupied or other suitable arrangements acceptable to the Director are made for the placement of the animal. All related impound, storage or other fees must be satisfied before the release of the animal. In the event the property owner fails to claim the animal within 10 working days of notification of impound, the animal will be considered abandoned.

(Added by Ord. 96-01, 1/9/96; amended by Ord. 06-05, 8/23/06; Ord. 25-16, 11/18/2025)

It is unlawful for any unlicensed business or person to display, sell, offer for sale, barter or give away any rabbits, baby chicks, ducklings or other fowl: (a) as pets or novelties, whether or not dyed, colored or otherwise artificially treated; (b) which have been dyed, colored, or otherwise treated so as to impart to them an artificial color; (c) under two months of age in any quantity less than six; (d) unless such person provides proper brooder facilities for the care of such fowl during the time they are in possession of such person. This Section shall not be construed to prohibit the display or sale of rabbits, natural chicks, ducklings, or other fowl in proper facilities by dealers, hatcheries, or stores engaged in the business of selling the same to be raised for food purposes.

(Added by Ord. 96-01, 1/9/96; amended by Ord. 25-16, 11/18/2025; Added by Ord. 25-16, 11/18/2025)