Irvine Municipal Code Ch. 1 In General

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

Adoption fee: Any compensation or monetary exchange for the purpose of taking ownership or custody of an animal.

Animal: Any vertebrate creature, domestic or wild. Specifically, these categories:

A. 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.

B. Dog: Any Canis familiaris, over four months of age.

C. Puppy: Any Canis familiaris, under four months of age.

D. Cat: Any Felis catus, over four months of age.

E. Kitten: Any Felis catus, under four months of age.

F. Livestock: Horses, ponies, stallions, colts, geldings, mares, sheep, rams, lambs, bulls, bullocks, steers, heifers, cows, calves, mules, jacks, jennets, burros, goats, kids, swine, and confined and domesticated hares and rabbits.

G. Poultry: All domesticated fowl and all game birds which are held in captivity.

H. Wild/exotic animals: Animals normally found in the wild state which are being kept for exhibition purposes or as private pets.

Animal exhibition: Any display containing one or more animals which are exposed to public view for entertainment, instruction or advertisement, excluding fairs, livestock shows, rodeos, purebred dog and pedigreed cat shows, obedience trials and competitions, field and any other fair or exhibition intended to advance agricultural arts and sciences.

Animal menagerie: A place where wild and/or exotic animals are kept or maintained for any commercial purposes.

Animal services officer: Any person employed, under contract, or appointed by the City and under the supervision of the Director of Public Safety and/or Director of Community and Library Services for the purpose of aiding in the enforcement of this division or any other law or ordinance relating to the licensing, welfare, control, or seizure and impounding of animals, such term to include humane society officers duly trained and under contract to perform such duties.

Birth control measures:

A. The surgical alteration of female and male cats and dogs, popularly referred to as spaying and neutering;

B. Utilization of approved mechanical birth control devices, such as intrauterine devices;

C. Chemical birth control agents as approved by the Southern California Veterinary Medical Association.

Charge: A person who has responsibility for an animal, whether temporarily or permanently.

Circus: A commercial variety show featuring animal acts for public entertainment.

City Health Officer: For the purpose of this division, the City Health Officer shall mean the County Health Officer.

Commercial animal rescue shop: A commercial establishment that offers dogs and/or cats for a nonprofit adoption fee, and such dogs and/or cats are made available to the establishment by nonprofit humane societies, animal shelters, bona fide animal rescue organizations, or the City of Irvine Animal Care Center.

Commercial aviary: Any person maintaining, for profit, an establishment where birds of any species are kept for the purpose of breeding, buying, selling, grooming, boarding or exhibiting such birds; or engaged in the training of birds.

Commercial breeder: An owner/lessor/breeder of dogs and cats who is licensed to breed animals for resale, individually or in litter lots, whether any of these animals are also kept for personal use.

Commercial establishment: Any commercial breeding or boarding kennel or cattery, commercial aviary, pet shop, grooming parlor, stable, riding academy, pony ride, guard dog and/or sentry service, commercial animal rescue shop, zoo, animal menagerie, animal exhibition, circus featuring animals not otherwise prohibited by Section 4-5-1112, pet show, miscellaneous animal reptile establishment, or animal dealer who operates for profit or not that provides such services in the City.

Commercial exhibitor: Any person exhibiting any animals to the public for compensation, such term including carnivals, circuses and animal acts or shows who are exhibiting such animals, whether operated for profit or not.

Commercial grooming parlor: Any person maintaining, for profit, an establishment where animals are groomed, clipped, bathed or otherwise conditioned as pets or for shows. Animal shelters, humane societies and veterinarians are exempt from this definition.

Commercial kennel/cattery: Any person maintaining, for profit, an establishment where dogs or cats of any breed are kept for the purpose of breeding, buying, selling, grooming, boarding, or exhibiting such animals; or engaged in the training of dogs.

Commercial pony ride: Any people maintaining, for profit, an establishment where equine of any species are kept for the purpose of providing rides to the public.

Commercial riding academy: Any person maintaining, for profit, an establishment where riding instructions for equine, horses, donkeys or mules of any kind are provided.

Commercial stable: Any person maintaining, for profit, an establishment where equine, horses, donkeys or mules of any kind are kept for the purpose of breeding, buying, selling, grooming, boarding or are exhibiting such animals; or engaged in the training of such animals.

Custodian: Any person who has temporary or permanent charge, care, custody or control of any animal.

Dealer: Any person who, for compensation or profit, buys for resale any animals, whether alive or dead, for research, experimentation, testing or exhibition (except as an exhibitor as herein described) or for use as pets.

Domestic animal: Any animal or pet commonly kept in a residential area, including, but not limited to, a dog, cat, bird, ferret or hamster.

Domestic animal care facility: Any person or establishment that, for compensation, provides care for two or more domestic animals, primarily within an enclosed building.

Euthanasia: The humane death of an animal brought about by an authorized person and by a method approved by the City and the Director of Public Safety and/or Director of Community and Library Services.

Grooming parlor: Any place where animals are groomed, clipped, bathed, or otherwise conditioned as pets and/or for show in exchange for a fee, except as a service offered by commercial or service kennel and cattery.

Guard dog: Any dog trained or used to guard, protect, patrol or defend any person, premises, area or yard; or any dog trained or used as a sentry.

Humane society: Any nonprofit organization existing for the purpose of prevention of cruelty to animals, incorporated under the laws of any U.S. state.

Keeper: Any person who harbors, possesses, maintains, has custody of or owns any animal.

License: A fee collected by the City, through the animal services program, for:

A. Commercial establishments keeping animals or providing services related to animals, or selling domestic or nondomestic animals;

B. Individual household pets.

Nuisance animal: Any animal who is stray in public, or who trespasses upon the private property of a person other than its owner, on more than three separate occasions within a 12-month period, or who causes excessive property damage.

Owner: Any person or entity who is the legal owner, keeper, harborer or possessor of any animal; or if the animal is owned by a person under the age of 18, that person's parent or legal guardian.

Permit: An authorization from the City, stipulating conditions under which animals may be kept in a commercial or private establishment.

Pet shop: A person or establishment that buys for resale and sells at retail, animals (excluding dogs and cats) bred by others, whether as owner, agent, or on consignment, and that sells or offers to sell to the general public at retail.

Potentially dangerous animal: Any animal which:

(a) When unprovoked, on at least one occasion, engages in a behavior that requires a defensive action by any person to prevent bodily injury when the animal is off the property of the animal's owner;

(b) When unprovoked, bites a person causing a less than severe injury;

(c) When unprovoked, bites and/or causes less than severe injury to another animal by attacking it while off the property of the owner or harborer of the aggressive animal.

Poultry: All domesticated fowl and all game birds which are held in captivity.

Private animal owner: A person having bred or purchased a dog, cat, or other animal permitted by this division, for his or her personal use and enjoyment, and who keeps or maintains said animal within the City for a period of more than seven days.

Private animal rescue: Owners and harborers of unwanted animals of any breed of animal, including cross-breeds, who may provide food, shelter, confinement, medical care, licensing, and/or spaying/neutering with the intent of adopting out these animals, whether for profit or not.

Private aviary: Any property, building or cage where seven or more birds are kept or maintained solely for the pleasure and enjoyment of the owner.

Private breeder: A dog or cat owner/fancier who breeds an occasional litter of purebred animals for his or her personal use and enjoyment, from animals personally owned or leased for the breeding, who neither sells the resultant offspring for resale to commercial outlets, nor for purposes of research, testing, or laboratory experimentation.

Private establishment: Any private kennel, cattery, aviary or stable which is located on all or any portion of a property.

Private exhibitor: Any organization sponsoring and all persons participating in fairs, livestock shows, rodeos, purebred dog and cat shows, obedience trials, field trials, and any other fairs or exhibitions intended to advance agricultural arts and sciences.

Private kennel: Any property, building or structure where four or more dogs or four or more cats, over the age of four months, are kept or maintained for the pleasure and enjoyment of the owner, or as a private animal rescue.

Private stable: Any property, building or structure where one or more horses is/are kept or maintained solely for the pleasure and enjoyment of the owner.

Quarantine: The strict isolation of an animal in an approved location under proper care and observation as approved by the City Health Officer or animal services officer. Animal quarantines must prevent contact by the quarantined animal with any person or animal that has not already been in contact with said animal or any person who is responsible for the care of such animal while under quarantine. The person charged with overseeing the animal's quarantine must provide for its daily care, maintenance and protection from inclement weather as deemed appropriate for the animal quarantined.

Registration: For purposes of this division, the term "registration" shall be synonymous with the term "license."

Research institution, approved: A research laboratory, hospital, college, or university which is:

A. Nonprofit; and

B. Conducts research on animals under humane conditions for the good of mankind and for the increase of knowledge concerning the cause, cure and/or control of disease.

Restraint: Any animal secured by a leash or lead, under the control of a responsible person or within the confines of the real property of its owner.

Rodeo: A public exhibition or competition between persons which includes any of the following events: bareback bronc riding, saddle bronc riding, bull riding, calf roping, steer wrestling, team roping, tie-down roping, or any similar event.

Sentry dog: A dog trained to deter or detain unauthorized persons without supervision in a fenced facility, building or yard.

Veterinarian: A State-licensed practitioner of veterinary medicine.

Veterinary hospital: Any establishment maintained and operated by a licensed veterinarian for the diagnosis and treatment of diseases and injuries of animals and for boarding of such animals.

Vicious animal: Any of the following:

(a) Any animal seized under California Penal Code § 599aa and upon sustaining conviction of the owner or harborer under California Penal Code § 597.5(a);

(b) Any animal which, when unprovoked, in an aggressive manner, inflicts severe injury on or kills a human being or animal;

(c) Any animal previously determined to be, and who is currently listed as, a potentially dangerous animal, which, after its owner or harborer has been notified of this determination, continues to engage in a behavior that is described as a potentially dangerous animal.

Zoo: A place where wild animals are kept on exhibit for public show, entertainment or enjoyment.

(Ord. No. 09-10, § 1, 9-22-09; Ord. No. 11-14, §§ 7—11, 10-25-11; Ord. No. 25-09, § 2(Exh. A), 5-13-25)

Except as otherwise provided in this division, the Director of Public Safety or his or her designee is hereby charged with the administration of the animal services program and the provisions of this division.

(Ord. No. 09-10, § 1, 9-22-09)

The Director of Public Safety or his or her designee, with the approval of the City Council, may promulgate any necessary rules and regulations for the administration of the provisions of this division.

(Ord. No. 09-10, § 1, 9-22-09)

A. The animal services officer, all peace officers, and any designated representative of the Director of Public Safety are hereby empowered to enforce the provisions of the division and any statute of the State relating to animals, unless otherwise provided by law. Animal services officers, accompanied by a police officer, may arrest any person without a warrant whenever they have reasonable cause to believe that the person to be arrested has committed a misdemeanor in their presence which is a violation of any such statute or ordinance.

B. An animal services officer, within the legal constraints of the law, shall have the right to enter upon and inspect any public or commercial property where animals are being kept, for the purpose of examining or capturing any animal thereon. Any person who denies, prevents, or obstructs such access to such commercial premises shall be guilty of a misdemeanor.

C. No person shall interfere with, oppose or resist any authorized person charged with the enforcement of this division while such person is engaged in the performance of his or her duties.

D. The authority to carry firearms by animal services officers while performing their duties shall be limited to the following:

1. Following proper training, the animal services officer may carry a special tranquilizer gun to be used only with discretion.

(Ord. No. 09-10, § 1, 9-22-09)

The owner of any dead animal shall dispose of the carcass of such animal in a sanitary manner as prescribed by the Director of Public Safety or his or her designee within 24 hours after said owner has knowledge of the animal's death. No person shall bury any dead animal in the City unless approved by the Director of Public Safety or his/her designee. It shall be the duty of the animal services officer to take custody of all dead animals from the owner when requested.

(Ord. No. 09-10, § 1, 9-22-09)

No private animal owner shall maintain more than three adult cats and/or three adult dogs for his or her own personal use/enjoyment.

(Added in 2016 recodification)

The Director of Public Safety or his or her designee shall be responsible for the disposal of all dead animals whose ownership cannot be established.

(Ord. No. 09-10, § 1, 9-22-09)

Cross reference— Refuse generally, tit. 6, div. 7.

Whenever deceased animals picked up by the animal services officer carry identification of any kind, the owner shall be notified and a notice posted at the shelter giving such information in an easily visible location.

(Ord. No. 09-10, § 1, 9-22-09)

It shall be the duty of the Director of Public Safety or his or her designee to maintain all records related to or required by this division and to attempt to identify any impounded, found or turned-in animal via registration check, identification tags, lost reports, and via diligent search for any tattoo marks.

(Ord. No. 09-10, § 1, 9-22-09)