Laguna Niguel Municipal Code Art. 1 General Provisions

The words, terms and phrases defined in sections 10-1-2 through 10-1-27, when used in this division, shall have the meanings ascribed to them in sections 10-1-2 through 10-1-27, except where the context clearly indicates a different meaning.

(Ord. No. 2022-215, § 3, 6-7-22)

Cross reference— Definitions generally, § 1-1-18.

Animal includes but is not limited to birds, fishes, reptiles and nonhuman mammals.

Animal event means any temporary organized activity involving the display, use, or performance of one or more live animals for the entertainment, instruction or education of the public or for the purpose of adoption.

Animal exhibition means any property where one or more live animals are displayed or used for entertainment, instruction or education of the public.

Animal facility means any property or facility where animals are kept or maintained for any commercial purpose.

Animal services department means the Animal Services Department for the City of Mission Viejo authorized to perform the services and functions described in this title pursuant to contract.

Approved rabies vaccine means a vaccine which is approved for use in the animal concerned by the state department of health.

Approved research institution means a college, hospital, university or research laboratory conducting research under humane conditions, if the director so finds and certifies in writing.

(Ord. No. 2022-215, § 3, 6-7-22)

Cat includes domesticated members of the species Felis catus; it excludes other members of the family Felidae.

City means the City of Laguna Niguel.

City attorney means the city attorney or his/her assistants authorized pursuant to Division 7 of Title 2 of this Code.

City council means the City Council of the City of Laguna Niguel.

Commercial means operated or carried on primarily for financial gain by any non-governmental firm, person or business/entity.

Commercial stable means any property where equines are sheltered or fed on a commercial basis.

(Ord. No. 2022-215, § 3, 6-7-22)

Dangerous animal means any animal of a species which presents a threat to the safety of persons or property, as determined by the director.

Director means the City of Mission Viejo Animal Services Director or his or her designee or such other person may be designated by the city council. Also referred to as animal services director.

Dog includes domesticated members of the species Canis familiaris; it excludes other members of the family Canidae.

(Ord. No. 2022-215, § 3, 6-7-22)

Foster animal means any animal that is temporarily being cared for and housed by a person on any property within the city.

Fowl means and includes any male and female chicken, duck, goose, seafowl, peacock, turkey and pheasant.

Crowing fowl means and includes any male fowl capable of making a sound particular to its species or type.

(Ord. No. 2022-215, § 3, 6-7-22)

Garbage means any waste consisting in whole or in part of animal wastes resulting from the handling, preparing, cooking and consuming of food, including the offal from animal carcasses or parts thereof.

Grooming facility means any and each individual physical facility, whether fixed or mobile, where animals are groomed, brushed, clipped or bathed on a commercial basis. Each individual grooming parlor, whether fixed or mobile, shall be subject to inspection and shall be required to have a separate permit regardless of such grooming parlor being under common ownership with any other grooming parlor.

Guard (sentry) dog means any dog utilized, on a commercial basis, to guard any property within the city, including guarding against fire or theft or both.

Guide dog means a properly trained dog certified by a licensed guide (Seeing Eye) dog agency and actually being used by a blind person.

(Ord. No. 2022-215, § 3, 6-7-22)

Immediate slaughter refers to livestock shipped to a public stockyard and released therefrom for slaughter, and also to livestock shipped to the premises of a firm regularly engaged in the slaughter of animals under approved inspection.

Impounded means having been received into the custody of any animal shelter, or into the custody of the director or his authorized agent or deputy.

Infectious disease means any infectious, contagious or communicable disease sufficiently dangerous to the public health or to the health of animals within the city to warrant putting into effect the provisions of this division and any rules or regulations adopted pursuant thereto.

(Ord. No. 2022-215, § 3, 6-7-22)

Kennel means any lot, building, structure, enclosure or premises whereupon or wherein one or more cats or dogs, are kept or maintained for a commercial purpose, including places where cats or dogs are boarded, kept for daycare, or kept for hire. Excluded from this definition are veterinary clinics and pet hospitals when animals are being housed for medical care.

(Ord. No. 2022-215, § 3, 6-7-22)

Livestock means any domesticated poultry, cattle, goats, swine, sheep and equines which are kept in captivity or under the control or ownership of any person for any purpose.

(Ord. No. 2022-215, § 3, 6-7-22)

Neutered or spayed means rendered incapable of reproduction by physical means, including surgical alteration or the implantation of a device, or other means. To be acceptable, the neutering or spaying must be certified to by a licensed veterinarian.

(Ord. No. 2022-215, § 3, 6-7-22)

Person means any individual, firm, partnership, corporation, company, society or association, and every officer, agent or employee thereof.

Pet shop means any place of business where any animals are to be sold as pets, or are otherwise kept for sale.

Potentially dangerous dog means any of the following:

(1) Any dog which, when unprovoked, on two separate occasions within the prior 36-month period, engages in any behavior that requires a defensive action by any person to prevent bodily injury whether the person and the dog are on or off the property of the owner and/or custodian of the dog.

(2) Any dog which, on two separate occasions within the prior 36-month period, when unprovoked, bites a person causing any injury less than a severe injury as defined in this section.

(3) Any dog which, when unprovoked, has killed, seriously bitten, inflicted serious injury attacking a domestic animal, horse, or livestock.

(4) Any dog that has been deemed by another governmental jurisdiction as "potentially dangerous," or "dangerous," or comparable designation.

(5) A dog shall not be declared potentially dangerous if the owner or custodian establishes that the actions of the dog with respect to which the declaration is sought were provoked. For purposes of this section, the following terms have the following meanings:

a. With respect to harm to a human, "provocation" shall mean that the bite, threat, injury or damage was sustained by a person who, at the time, was committing a willful trespass upon the premises occupied by the owner or custodian of the dog, was committing or attempting to commit a crime upon the person of, or the premises occupied by, the owner or custodian of the dog, or was teasing, tormenting, abusing or assaulting the dog.

b. The terms "tease, torment, abuse, or assault" as used herein, shall be limited to acts that cause pain, injury, suffering or distress beyond the typical or usual interactions of a human or animal with a dog in a similar environment or circumstance.

c. The term "provocation" as used herein does not include the acts of a person attempting to prevent an animal from physically attacking, mauling, or physically injuring another person or animal.

d. With respect to harm to a human or an animal, a bite, threat, injury or damage shall not be considered provoked if the dog's reaction to the act of provocation was grossly out of proportion to the alleged provocative act.

e. With respect to harm to an animal, an act shall be considered provoked if at the time of the bite or injury, the victim animal entered an enclosed portion of the property or premises of the dog owner, custodian or keeper, without their knowledge, permission, or consent, whether expressed or implied.

(6) These definitions do not apply to dogs used in military or police work while they are actually performing in that capacity.

(Ord. No. 2022-215, § 3, 6-7-22)

Quarantine means the strict confinement of an animal upon the premises of the owner or elsewhere as approved by the director and subject to the conditions or requirements of the director relating to the impoundment or other confinement.

(Ord. No. 2022-215, § 3, 6-7-22)

Severe injury means any physical injury directly caused by a dog attack that results in muscle tear(s), avulsion(s) dislocation(s), broken bone(s) or disfiguring laceration(s), or corrective or cosmetic surgery, and/or hospitalization for any of the aforementioned conditions.

Stockyard means any stockyard, corral or premises wherein public trading in livestock is carried on, or where yarding, feeding and watering facilities are provided and where federal, state, county or city inspection is maintained for the inspection of livestock for infectious diseases.

(Ord. No. 2022-215, § 3, 6-7-22)

Tuberculin test means any test approved by the United States Department of Agriculture for the detection of tuberculosis in animals.

(Ord. No. 2022-215, § 3, 6-7-22)

Vicious dog means any of the following dogs, as determined by the director:

(1) Any dog which, inflicts severe injury on or kills a human being whether the person and the dog are on or off the property of the owner or custodian of the dog.

(2) Any dog previously determined to be and currently listed as a potentially dangerous dog, which, after its owner or keeper has been notified of this determination, continues the behavior of a "potentially dangerous dog" as set forth above, or is maintained in violation of the conditions and restrictions placed upon the dog as a "potentially dangerous dog."

(3) Any dog that has been deemed by another governmental jurisdiction as "vicious" or comparable designation.

(4) A dog shall not be declared potentially dangerous if the owner or custodian establishes that the actions of the dog with respect to which the declaration is sought were provoked. For purposes of this section, the following terms have the following meanings:

a. With respect to harm to a human, "provocation" shall mean that the bite, threat, injury or damage was sustained by a person who, at the time, was committing a willful trespass upon the premises occupied by the owner or custodian of the dog, was committing or attempting to commit a crime upon the person of, or the premises occupied by, the owner or custodian of the dog.

b. The terms "tease, torment, abuse, or assault" as used herein, shall be limited to acts that cause pain, injury, suffering or distress beyond the typical or usual interactions of a human or animal with a dog in a similar environment or circumstance.

c. The term "provocation" as used herein does not include the acts of a person attempting to prevent an animal from physically attacking, mauling, or physically injuring another person or animal.

d. With respect to harm to a human or an animal, a bite, threat, injury or damage shall not be considered provoked if the dog's reaction to the act of provocation was grossly out of proportion to the alleged provocative act.

e. With respect to harm to an animal, an act shall be considered provoked if at the time of the bite or injury, the victim animal entered an enclosed portion of the property or premises of the dog owner, custodian or keeper, without their knowledge, permission, or consent, whether expressed or implied.

(5) These definitions do not apply to dogs used in military or police work while they are actually performing in that capacity.

(Ord. No. 2022-215, § 3, 6-7-22)

The director is charged with the administration of this title.

(Ord. No. 2022-215, § 3, 6-7-22)

The city council of the city of Mission Viejo may, by resolution, promulgate any necessary rules and regulations for the administration of this title, which upon adoption by resolution of the city council of the City of Laguna Niguel, shall apply to the city; or the city council of the City of Mission Viejo may delegate this administrative authority to the animal services director.

(Ord. No. 2022-215, § 3, 6-7-22)

The director and his or her duly authorized deputies and agents are hereby empowered, and it shall be their duty, to enforce this title and any statute relating to animal control, unless otherwise provided by law. Pursuant to Penal Code § 836.5, and subject to the provisions of this section, the director and his or her duly authorized deputies and agents shall each have the power to arrest a person without a warrant whenever any such individual has reasonable cause to believe that the person to be arrested has committed an offense in such individual's presence which he or she has the discretionary duty to enforce, and to issue a notice to appear, and to release such person on his or her written promise to appear in court, pursuant to Sections 853.5 and 853.6 of the Penal Code. The director and his or her duly authorized deputies and agents shall not be allowed by his or her superior to exercise the arrest and citation authority conferred in this section unless such individual is within a classification of officers and employees designated by resolution of the city council of the City of Mission Viejo to exercise such arrest and citation authority as to specified violations.

(Ord. No. 2022-215, § 3, 6-7-22)

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

(Ord. No. 2022-215, § 3, 6-7-22)

(a) Supervisory and senior animal control officers, and other officers determined by the director or by the city council who have successfully completed California Penal Code § 832 firearms training or other relevant training intended to authorize firearm utilization, are authorized to use and carry loaded firearms, shotguns, air-guns and tranquilizer equipment, while acting in the course and scope of their employment in carrying out their responsibilities under this title.

(b) The director shall have the authority to authorize the use of specific firearms, shotguns, air-guns and tranquilizer equipment and the animal services department shall maintain a log of the approved equipment by serial number.

(c) Supervisory and senior animal control officers and other officers determined by the director, or determined by the city council, authorized to use or carry firearms shall regularly qualify and show proficiency with each type of firearm they are authorized to carry. The animal services department shall maintain a log of the of trainings and qualifications.

(Ord. No. 2022-215, § 3, 6-7-22)

The owner of any animal which dies shall dispose of the carcass of such animal in a sanitary manner as prescribed by the director within 24 hours after the owner has knowledge of the animal's death. The director shall be responsible for the disposal of all dead animals whose ownership cannot be established.

(Ord. No. 2022-215, § 3, 6-7-22)

Cross reference— Solid waste management, § 6-3-17 et seq.

(a) Any person who violates any provision of this title is guilty of an infraction, except as set forth in subsection (b) of this section.

(b) Any person who violates any provision of section 10-1-51 or 10-1-95 is guilty of a misdemeanor. Moreover, any person who violates any other provision of this title, when the violation occurs within one year of the occurrence of two other separate violations of this title by that person, is guilty of a misdemeanor.

(c) Each day on which a violation occurs or continues shall constitute a separate offense.

(Ord. No. 2022-215, § 3, 6-7-22)

The director and his or her duly authorized deputies and agents are authorized to inspect any building or other property for the purpose of enforcing this title or any statute relating to animal control or animal welfare.

(Ord. No. 2022-215, § 3, 6-7-22)

Upon receiving a complaint from any person alleging a violation of this title and upon receiving the name and address of the owner or custodian of the animal, if known, an investigation to determine whether a violation exists may be made. If the investigation discloses a violation of this title, prosecution may be initiated against the owner or custodian.

(Ord. No. 2022-215, § 3, 6-7-22)

A violation of this title shall, in the sole discretion of the city by and through the city attorney or other authorized personnel, be prosecuted in any manner provided for by law, including, but not limited to, the administrative, civil or the misdemeanor criminal prosecution of the offender (subject to the city's sole and absolute discretion to reduce the same to an infraction or administrative civil complaint) and as provided for in division 3 of this title.

The remedies and penalties provided in this division are cumulative and in addition to any other remedies available at law or in equity.

(Ord. No. 2022-215, § 3, 6-7-22)

Cross reference— Violation of title, § 10-1-34.

Every person within the city who owns any animal or who owns, conducts, manages or operates any animal establishment for which a license is required by this title, shall comply with each of the following conditions:

(a) Housing facilities for animals shall be structurally sound and shall be maintained in good repair, to protect the animals from injury, to contain the animals, and to restrict the entrance of other animals.

(b) All animals shall be supplied with sufficient good and wholesome food and water as often as the feeding habits of the respective animals require.

(c) All animals and all animal buildings or enclosures shall be maintained in a clean and sanitary condition.

(d) No animals shall be without attention more than 12 consecutive hours. Whenever an animal is left unattended at a commercial animal facility, the telephone number of the department of animal services, or the name, address and telephone number of the responsible person, shall be posted in a conspicuous place at the front of the property.

(e) Every reasonable precaution shall be used to ensure that animals are not teased, abused, mistreated, annoyed, tormented or in any manner made to suffer by any person or means.

(f) No condition shall be maintained or permitted that is or could be injurious to the animals.

(g) Buildings and enclosures shall be so constructed and maintained as to prevent escape of animals. All reasonable precautions shall be taken to protect the public from the animals and the animals from the public.

(h) Every animal establishment shall isolate sick animals in a manner so as not to endanger the health of other animals, department and City officials and staff, and members of the public. Sick animals shall at all times be isolated from the other animals.

(i) Every building or enclosure wherein animals are maintained shall be constructed of material that is non-porous and shall be kept in a sanitary condition. The building shall be properly ventilated to prevent drafts and to remove odors. Heating and cooling shall be provided as required, according to the physical need of the animals, with sufficient light to allow observation of animals and sanitation.

(j) Such person shall promptly take any animal to a veterinarian for examination or treatment, if the director finds this is necessary in order to maintain the health of the animal and orders the owner or custodian to do so.

(k) All animal rooms, cages, kennels and runs shall be of sufficient size to provide adequate and proper accommodations for the animals kept therein. Animals shall have sufficient height and sufficient floor space to stand up, sit down and turn around freely using normal body movements without the head touching the top of the primary enclosure; have the ability to lie down with limbs outstretched and exercise normal postural movement, and move freely as appropriate for the species, age, size, and condition of the animal. However, when freedom of movement would endanger the animal due to a medical condition that has been documented by a licensed veterinarian, temporarily and appropriately restricting movement of the animal in a humane manner is permitted.

(l) Every violation of an applicable regulation shall be corrected within a reasonable time as specified by the director.

(m) Such person shall provide proper shelter and protection from the weather at all times.

(n) Such person shall not give an alcoholic beverage to any animal, or allow any animal to drink any alcoholic beverage, unless prescribed by a veterinarian.

(o) Such person shall not allow animals which are natural enemies, temperamentally unsuited, or otherwise incompatible, to be quartered together, or so near each other as to cause injury, fear or torment. If two or more animals are so trained that they can be placed together and do not attack each other or perform or attempt any hostile act to the others, such animals shall be deemed not to be natural enemies.

(p) Such person shall not allow the use of any tack, equipment, device, substance or material that is, or could be, injurious or cause cruelty to any animal.

(q) Such person shall give working animals proper and adequate rest periods. Confined or restrained animals shall be given exercise proper and adequate for the individual animal under the particular conditions.

(r) Such person shall not work, use or rent any animal which is overheated, weakened, exhausted, sick, injured, diseased, lame or otherwise unfit.

(s) Such person shall not display any animal for adoption, if such animal bears evidence of malnutrition, ill health, unhealed injury or having been kept in an unsanitary condition.

(t) Such person shall not display any animal whose appearance is or may be offensive or contrary to public decency.

(u) Such person shall not allow any animal to constitute or cause a hazard, or be a menace to the health, peace or safety of the community.

(v) Such person shall not violate any condition imposed by the director on any license issued by the animal services department.

(w) No dog or cat under the age of eight weeks shall be brought or shipped into the city for the purpose of adoption, and no dog or cat under the age of eight weeks shall be offered for adoption.

(x) Every dog or cat offered for adoption must be examined by a licensed veterinarian and be certified free of congenital defects, distemper, worms, skin disease, skin and ear mites and other diseases or conditions which would be injurious to the animal, any other animals, or a potential owner

(y) Every dog or cat offered for adoption shall have been vaccinated against distemper and parvo. A vaccination record providing the date of vaccination, lot number, and manufacturer must be provided to the person adopting the dog or cat at the time of adoption.

(z) Every dog four months of age or older shall be vaccinated for rabies. A vaccination record providing the date of vaccination, lot number, and manufacturer must be provided to the person adopting the dog at the time of adoption.

(aa) Clean, potable water shall be available to all animals in conformance with the principles of good animal husbandry, unless restricted by a licensed veterinarian. Proof of such veterinarian restrictions shall be presented to the animal control officer upon request. Water receptacles, container or dispensers shall be kept in a clean and sanitary state at all times.

(bb) Food receptacles shall be accessible to all animals unless restricted by a licensed veterinarian and shall be located so as to minimize contamination by excreta. Proof of any licensed veterinarian restrictions shall be presented to the animal control officer upon request. Food contaminated by urine shall be discarded and replaced with fresh uncontaminated food. Disposable receptacles may be used but must be discarded after each feeding. Self-feeders may be used for the feeding of dry food, and they shall be kept clean and free of mold, deterioration and the caking of food at all times.

(cc) Such person shall comply with all other applicable federal, state, or local law, regulation or ordinance relating to the care of animals and/or operation of an animal establishment.

(Ord. No. 2022-215, § 3, 6-7-22)

No person shall solicit, peddle, conduct or consummate the sale, exchange, or giveaway of any living animal or animals, and no person shall convey as part of any commercial transaction any living animal or animals in the city except that such activities shall be permitted in a) pet shops and kennels that are duly licensed pursuant to this title, and b) at the residence of the conveyor of the animal. Nothing herein shall be construed to prohibit animal adoption activities provided that all necessary permits and approvals for the location of such animal adoption activity have been obtained.

(Ord. No. 2022-215, § 3, 6-7-22)

No person shall feed or in any manner provide food for wild animals or vector animals including, but not limited to, coyotes, bobcats, mountain lions or rodents. In further amplification, this section also includes a prohibition on the feeding of animals, including, but not limited to, wild raccoons, foxes, skunks, opossums, rodents, rabbits or hares. This section does not apply to the feeding of animals under the care of a licensed veterinarian, or rehabilitator, or those kept in the City of Mission Viejo Animals Services Center, or by those kept by an individual who has been authorized by permit or license to care for and feed such animals.

(Ord. No. 2022-215, § 3, 6-7-22)