Lake Forest Municipal Code Ch. 10.04 General Provisions

The following terms, as used in this title, shall have the meanings set forth herein, unless it is apparent from the context thereof that some other meaning is intended.

"Animal"

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

"Animal nuisance"

means any animal other than a dog that makes a noise which emanates from the animal not resulting in contact with another object or structure. The noise must be for an extended period of time to the disturbance of any person at any time of day of night, regardless of whether the animal is physically situated in or upon private property. Such extended period of time shall consist of incessant noise for a continuous 30 minutes or more in any 24 hour period, or intermittent noise that accumulates to a total of 60 minutes or more during any 24 hour period. For the purposes of this chapter, a noise is not considered a violation if it is due to actions such as the animal kicking a stall or enclosure, dragging of a chain, rattling of a collar, or if the nails of an animal are scratching or clawing on a door, enclosure or other object. An animal shall not be deemed an "animal nuisance" for purposes of this chapter if, at any time, the animal is creating a noise disturbance, a person is trespassing upon private property in or upon which the animal is situated, or the animal is being teased or provoked.

"Approved rabies vaccine"

means a vaccine which is approved for use in the animal concerned by the California Department of Health.

"Approved research institution"

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

"Cat"

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

"City Manager"

means the City Manager and/or any person or entity designated by the City Manager to enforce or interpret any provision of this title.

"Commercial"

means operated or carried on primarily for financial gain.

"Dangerous animals"

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

"Director"

means the Orange County Animal Care Services Director, or designee.

"Dog"

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

"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.

"Guard (sentry) dog"

means any dog utilized, on a commercial basis, to guard any property within the City of Lake Forest, 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.

"Immediate slaughter"

shall refer 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"

shall mean having been received into the custody of any animal shelter, or into the custody of the City Manager or 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 of Lake Forest to warrant putting into effect the provisions of this chapter and any rules or regulations adopted pursuant thereto.

"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.

"Neutered"

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

"Person"

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

"Potentially dangerous dog"

means any of the following:

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 animal are on or off the property of the owner or custodian of the animal.

Any dog which, when unprovoked, bites a person causing any injury less severe than a "severe injury." "Severe injury" means any physical injury to a human being that results in muscle tears or disfiguring lacerations or requires multiple sutures or corrective or cosmetic surgery.

Any dog which, when unprovoked, has killed, seriously bitten, inflicted injury, or otherwise caused injury attacking a domestic animal, horse, or livestock.

"Quarantine"

means the strict confinement of an animal upon the premises of the owner or elsewhere as approved by the City Manager.

"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 or County inspection is maintained for the inspection of livestock for infectious diseases.

"Tuberculin test"

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

"Vicious dog"

means any of the following:

Any dog seized as a "fighting animal" under Section 599aa of the Penal Code and upon the sustaining of a conviction of the owner or custodian of a fighting animal as set forth in subdivision (a) of Section 597.5 of the Penal Code.

Any dog which, when unprovoked, in an aggressive manner, inflicts severe injury on or kills a human being, whether the person and the animal are on or off the property of the owner or custodian of the animal.

Any animal 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."

(Ord. 165 § 1, 2007; Ord. 302 § 31, 2018)

The City Manager is charged with the administration of this title, but may designate one or more subordinate City employees or contractors, including but not limited to the County of Orange, to carry out responsibilities created by this chapter. The City Council may, by resolution, promulgate any necessary rules and regulations for the administration of this title.

(Ord. 165 § 1, 2007; Ord. 302 § 31, 2018)

A. The City Manager and duly authorized deputies and agents are hereby empowered to enforce this and any statute relating to animal control, unless otherwise provided by law. Pursuant to Corporations Code Section 14503, each of the aforementioned individuals shall have the power to issue notices to appear in court for violations of the aforementioned provisions pursuant to Chapter 5c of Title 3 of Part 2 of the California Penal Code.

B. The City Manager and 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.

C. Upon receiving a complaint from any person alleging a violation of this division and upon receiving the name and address of the owner and/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 division, prosecution may be initiated against the owner and/or custodian.

D. Supervisory and senior animal control officers are authorized to carry loaded rifles, shotguns and tranquilizer equipment, issued by the City or County, while acting in the course and scope of their employment.

(Ord. 165 § 1, 2007; Ord. 249 § 9, 2013; Ord. 302 § 31, 2018)

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. 302 § 31, 2018)

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

(Ord. 165 § 1, 2007; Ord. 302 § 31, 2018)

A. Any person who violates any provision of this title, or who interferes with or resists any authorized person charged with the enforcement 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 10.12.040, 10.12.070, or 10.20.020 is guilty of a misdemeanor. Moreover, any person who violates any other provision of this title and 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.

C. Each day on which a violation occurs or continues shall constitute a separate offense.

(Ord. 165 § 1, 2007; Ord. 302 § 31, 2018)