Fullerton Municipal Code Ch. 11.01 Animal Regulations and Licensing

(A) The following provisions of the Codified Ordinances of the County of Orange, as they relate to animals, and as may be amended from time-to-time by the Board of Supervisors of the County of Orange, California, as well as such other regulations adopted by the Board of Supervisors concerning animal control, including those which relate to fees, are adopted by reference under the authority of Cal. Gov’t Code §§ 50022.1 through 50022.9 and made a part hereof as if fully set forth herein:

(1) Title 4, Division 1;

(2) Title 5, Division 1, Article 1;

(3) Title 5, Division 1, Article 2, §§ 5-1-29 and 5-1-30;

(4) Title 5, Division 1, Article 3;

(5) Title 5, Division 2; and

(6) Title 5, Division 3, Article 17.

(B) The county ordinances adopted by reference are hereby established and adopted as the rules, regulations, provisions and conditions to be observed and followed to govern animal control, welfare, and license requirements in the city in the same manner as they apply within the unincorporated area of the county. The ordinances adopted hereby shall be read to apply to the city as necessary to achieve that goal, including interpreting references to the county or the unincorporated area of the county to mean and refer to the city. The provisions referring to animal license fees established by resolution of the Board of Supervisors shall be read to mean the animal license fees established by resolution of the City Council. Only those provisions of Title 5 of the Codified Ordinances of Orange County relevant to animal- related facilities, including animal exhibitions, animal rental establishments, animal rescuers, commercial stables, grooming parlors, kennels, and pet shops, are adopted hereby.

(C) One full copy of the above-specified provisions of the Codified Ordinances of the County of Orange, certified to be a true copy by the City Clerk, shall be kept on file in the office of the City Clerk for public inspection.

(Ord. 3266, passed - -2018)

(A) Any person who violates any provision of this chapter shall be guilty of an infraction, except as otherwise provided in division (B) below.

(B) Any person who violates any provision of §§ 4-1-48, 4-1-51, or 4-1-95 of Division 1 of Title 4 or any provision of Title 5 of the Codified Ordinances of Orange County adopted hereby is guilty of a misdemeanor. Moreover, any person who violates any other provisions of Division 1 of Title 4 of the Codified Ordinances of Orange County where the violation occurs within one year of the occurrence of two other separate violations of this division by that person is guilty of a misdemeanor. Each day on which a violation occurs or continues shall constitute a separate offense.

(C) Any license required by Article 4, Division 1 of Title 4 of the Codified Ordinances of the County of Orange not purchased or renewed within 15 days after expiration, or the date on which it comes due, shall be considered delinquent and a late fee as determined by the Board of Supervisors shall be added to the cost of the new license. The Director may waive the above late fee if the Director determines the applicant made a reasonable effort to comply with the above deadline.

(D) Any person convicted of a misdemeanor for a violation of any of the provisions of this chapter shall, unless otherwise specifically provided by statute, be punished by a fine of not more than $1,000 or by imprisonment in the County Jail for a period of not more than six months or by both such fine and imprisonment.

(E) Any person convicted of an infraction for a violation of the provisions of this chapter shall, unless otherwise specifically provided by statute, be punished by:

(1) A fine not exceeding $100 for the first violation;

(2) A fine not exceeding $200 for a second violation of the same code provision within a period of one year; and

(3) A fine not exceeding $500 for each additional violation of the same ordinance within one year.

(F) An infraction is not punishable by imprisonment. A person charged with an infraction shall not be entitled to a trial by jury. A person charged with an infraction shall not be entitled to have the public defender or other counsel appointed at public expense to represent him or her unless he or she is arrested and not released on his or her own promise to appear, his or her own recognizance, or a deposit of bail.

(G) Except as otherwise provided by law, all provisions of law relating to misdemeanors shall apply to infractions, including, but not limited to, powers of peace officers, jurisdiction of courts, periods for commencing action and for bringing a case to trial, and burden of proof.

(H) Barking dog and animal nuisance civil fines. Fines for violation the provision of Subarticle 2 of Article 2 of Division 1 of Title 4 of the Codified Ordinances of Orange County shall be as follows.

(I) In the event that a fine is imposed under the authority granted by said Subarticle 2 of Article 2 of Division 1 of Title 4 remains unpaid for 30 days after it is due and payable pursuant to § 4-1-59.7 of the Codified Ordinances of Orange County, an amount equal to the fine shall be added as a late penalty and the late penalty and fine shall be due immediately. If a Hearing Officer upholds the issuance of a citation in an administrative hearing, the late penalty will be assessed if the fine is not paid within 30 days from the conclusion of the hearing. Failure to timely remit payment of a citation fine and/or late penalty authorized pursuant to said § 4-1-59.7 will result in criminal liability and a warrant may be issued for a violator’s arrest. Nonpayment of such fine and/or late penalty shall be a misdemeanor punishable by a fine of not more than $1,000 or by imprisonment in the County Jail for a period of not more than six months or by both such fine and imprisonment. The city at its discretion may pursue any and all legal remedies for the collection of unpaid fines and late penalties. Pursuit of one remedy does not preclude pursuit of any other remedies until the total fines and late penalties owed by a violator under this division (I) have been collected.

(J) The provisions of §§ 4-1-59.78 through 4-1-59.12 of the Codified Ordinances of Orange County shall govern administrative hearings, right to judicial review, and collection of unpaid fines under this section.

(K) The fines and penalties set forth in this section shall be in addition to those set forth in Chapters 1.08 and 1.10.

(Ord. 3266, passed - -2018)