Chapter 7.04 — DOGS1

For the purpose of this chapter, certain words and phrases are defined and certain provisions shall be construed as herein set forth, unless it is apparent from the context that a different meaning is intended.

“Dog” means any dog or canine.

“Emotional support dog” means a dog that provides emotional, cognitive, or other similar support to an individual with a disability, and that does not need to be trained or certified.

“Guide dog” means a guide dog that was trained by a person licensed under California Business and Professions Code Section 7200 et seq. or as defined in the regulations implementing Title III of the Americans with Disabilities Act, being 42 U.S.C. Section 12101 et seq., and does not include an emotional support dog.

“Service dog” means a dog individually trained to the requirements of the individual with a disability, including, but not limited to, minimal protection work, rescue work, pulling a wheelchair, or fetching dropped items and does not include an emotional support dog.

“Signal dog” means a dog trained to alert an individual who is deaf or hard of hearing to intruders or sounds and does not include an emotional support dog. (1949 Code §§ 4100, 4101, 4102; Ord. 2008-12 § 2, 2008; Ord. 2023-22 § 402, 2023)

No person having the care, charge or control of any dog shall cause or allow, either willfully or through failure to exercise due care or control, such dog to be present upon any beach, street, alley, or public place, or upon any private property or premises other than his or her own without written consent of the owner or lessee of such land unless such dog is securely restrained by a substantial leash or chain not exceeding six feet in length and controlled by a person competent to restrain such dog. This section shall not be construed as allowing dogs on leashes in the areas from which dogs are prohibited as designated by Sections 7.04.025, 7.04.030, and 7.04.050. This section shall not apply to any State, Federal or local government law enforcement officer while performing their duties. (1949 Code § 4107; Ord. 796 (part), 1956; Ord. 1230 § 1, 1967; Ord. 89-8 § 1, 1989; Ord. 2023-22 § 403, 2023)

No person having the care, charge or control of any dog shall cause or allow, either willfully or through failure to exercise due care or control, such dog to be present on or in any public school property other than when specifically invited by the school administration.

The prohibitions contained in this section shall not be applicable to: any guide dog, service dog, or signal dog or any dog being trained to be a guide dog, service dog, or signal dog pursuant to a recognized program of training, provided the dog is on a leash and the person in charge has an official identification card issued for such purposes; or any State, Federal or local government

1. Impounding—See Chapter 7.16.

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City of Newport Beach, CA § 7.04.025 NEWPORT BEACH CODE § 7.04.050

law enforcement officer while performing their duties. (Ord. 89-8 § 2, 1989; Ord. 2023-22 § 404, 2023)

A. No person having the care, custody, charge or control of any animal shall permit or allow that animal to be on any ocean front beach or ocean front sidewalk between the hours 10:00 a.m. to 4:30 p.m. year-round.

B. No person having the care, custody, charge or control of any animal shall permit or allow that animal to be on any harbor/bay front beach between the hours 9:00 a.m. to 5:00 p.m. year-round.

C. No person having the care, custody, charge or control of any animal shall permit or allow that animal to be on any ocean front beach, ocean front sidewalk, harbor/bay front beach or harbor/bay front sidewalk unless that person has, in his or her possession, an implement or device capable of removing any feces deposited by the animal.

D. The provisions of this section shall not be applicable to:

1. Any animal enrolled and participating in obedience classes offered by the Recreation and Senior Services Department of the City or event for which the City has issued a special event permit that allows dogs on the beach;

2. Any guide dog, service dog, or signal dog or any dog being trained to be a guide dog, service dog, or signal dog pursuant to a recognized program of training, provided the dog is on a leash and the person in charge has an official identification card issued for such purposes; or

3. Any State, Federal or local government law enforcement officer while performing their duties.

(1949 Code § 4107.1; Ord. 662; Ord. 796 (part), 1956; Ord. 1386 § 1, 1971; Ord. 1410 § 1, 1971; Ord. 89-8 § 3, 1989; Ord. 95-41 § 1, 1995; Ord. 96-29 § 1, 1996; Ord. 2010-25 § 1, 2010; Ord. 2023-22 § 405, 2023)

A. No person shall permit or allow any dog on any public pier or dock.

B. No person shall permit or allow any dog in the Balboa Island Park, which is a public park located on the west side of Agate Avenue between Park and the alley north of South Bayfront on Balboa Island.

C. No person shall permit or allow any dog to enter or remain on the playground, basketball courts, or fenced in grass areas immediately surrounding the basketball courts and playground at the 38th Street Park, which is a public park located at Balboa Blvd. at 38th Street, Newport Beach.

D. The provisions of this section shall not apply to: any guide dog, service dog, or signal dog or any dog being trained to be a guide dog, service dog, or signal dog pursuant to a recognized program of training, provided the dog is on a leash and the person in charge has an official identification card issued for such purposes; or any State, Federal or local government law enforcement officer while performing their duties.

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City of Newport Beach, CA § 7.04.050 ANIMALS § 7.04.070

(1949 Code § 4109; Ord. 2001-9 § 1, 2001; Ord. 2009-3, § 1, 2009; Ord. 2023-22 § 406, 2023)

It shall be unlawful for any person to violate or fail to comply with the provisions of Sections 7.04.020, 7.04.030, or 7.04.050 of this Code. Any person violating or failing to comply with any of the provisions of said sections shall be guilty of an infraction.

Any person convicted of violating or failing to comply with any of the provisions of said sections shall be punishable by the fines as is specified in the currently adopted Uniform Infraction Bail Schedule used by the Orange County Municipal Courts. (Ord. 1659 § 1, 1976; Ord. 88-9 § 1, 1988; Ord. 89-8 § 5, 1989)

Every person who keeps a dog older than four months for more than thirty (30) days in the City shall obtain a dog license. The duration of this license shall be the greater of six months or the remaining term of the dog’s rabies inoculation, up to the maximum of three years.

The fee for the dog license shall be established by resolution of the City Council. License fees
are delinquent thirty (30) days after the due date and shall be subject to the payment of a late
charge established by resolution of the City Council.

With each license, the City shall provide a tag with an imprinted number which shall be worn by
the dog when in public. This tag number shall reference the file kept by animal control on each
dog which includes:

1. A description of the dog;

2. Owner’s name, address, and telephone number;

3. Duration of license; and

4. Duration of rabies inoculation.
(1949 Code § 4110; Ord. 868 (part), 1958; Ord. 1188 § 1, 1966; Ord. 1260 § 1, 1968; Ord.
1346 § 1, 1970; Ord. 1638 § 1, 1975; Ord. 1720 § 1, 1977; Ord. 87-29 § 1, 1987)

No unauthorized person shall remove from any dog any collar or harness or other device to which is attached a license tag for the current year or remove such license tag from any dog. (Ord. 1188 § 2, 1966)

A. Defined. The term “vaccination” shall mean the inoculation of a dog with a vaccine approved by the Orange County Health Department.

B. Required. Every person who owns or harbors any dog shall have such dog vaccinated
against rabies on or prior to the date such dog reaches four months of age and thereafter at
intervals of not greater than two years. A dog may not be licensed prior to vaccination.

C. Veterinarian’s Certificate. Every duly licensed veterinarian after vaccinating any dog shall

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City of Newport Beach, CA § 7.04.070 NEWPORT BEACH CODE § 7.04.080

sign a certificate in triplicate containing the following information:

1. The name and address of the owner or harborer of the vaccinated dog.

2. The kind and serial number of vaccine used and the date of vaccination.

3. The year, number of dog license tag, and name of City where issued; or, in the event
that the dog has not previously been licensed, a notation to that effect.

4. The breed, age, color, and sex of the vaccinated dog.

Such veterinarian shall immediately present the original certificate to the owner or
harborer of the dog, shall deliver the duplicate copy of the certificate of the Orange
County Health Department, and shall retain the triplicate copy thereof.

D. Display of Certificate. No person who owns or harbors any dog shall fail or refuse to
exhibit the certificate required by this section upon demand of any person charged with its
enforcement.

E. Importation. Every person who brings a dog into the City, which has not been vaccinated
with the approved vaccine as herein prescribed within twelve (12) months prior to the
importation, shall have such dog vaccinated within seven days from and after its arrival in
the City. A certificate of vaccination issued by a duly licensed veterinarian from any other
jurisdiction for a specific dog establishing vaccination with an approved vaccine may be
accepted by the City as evidence of vaccination, providing it be within the interval
prescribed by this section.

F. Stolen or Counterfeit Certificate. No person shall make use of or have in his possession or
under his control a stolen, counterfeit, or forged vaccination certificate or license tag.

G. Duties of Health Department. In furtherance of the program of the City for vaccination of
dogs against rabies, the Orange County Health Department is authorized to:

1. Approve of such vaccine or vaccines as it may find suitable for such use, promulgate
its findings and approval, and file a statement of such findings and approval in the
office of the City Administrative Services Department as a public record.

2. Change such findings and approval when as a result of experience, research, practice or tests it finds that a new or different vaccine or vaccines are suitable for such use, and file a statement of such findings and approval in the office of the City Administrative Services Department as a public record. 3. Prescribe the form of certificate to be used by duly licensed veterinarians under the provisions hereof and to distribute such form of certificate to duly licensed veterinarians practicing in this City upon request.

   H. Exception. The vaccination requirement above shall not apply to a dog where a certificate has been issued by a duly licensed veterinarian doing business in the County of Orange setting forth that the giving of the inoculation would endanger the life of the dog. In such an event, the dog shall be confined at all times within the premises of the owner or within a motor vehicle owned by or under the supervision of the owner of such dog. (Prior 1949 Code § 4110.5 added by Ord. 868; December 22, 1958; Ord. 1188 § 3; October 10, 1966; Ord. 2025-37, 1/13/2026)

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City of Newport Beach, CA § 7.04.080 ANIMALS § 7.04.100

No person shall attach any current license tag to any dog, which tag was not issued to the dog, or shall remove a tag from any dog the property of another, or shall counterfeit or imitate a dog tag, or attach a counterfeit or imitation tag to any dog. (1949 Code § 4111)

Upon receiving a report from any person who has been bitten by a dog, or from any person who has witnessed such occurrence, or has witnessed a dog who has bitten another dog, a Newport Beach Animal Control Officer shall notify the owner, possessor or custodian of the biting dog, in writing. If the Animal Control Officer believes the dog may be potentially dangerous to the community, he/she may require the owner to keep such dog at all times on the property or premises where such owner, possessor or custodian resides, or on the property or premises of any person to whom the custody of such dog may be given, and to securely hold the dog or cause the dog to be securely held by a leash or other device or means, so as to prevent the dog from wandering, straying or getting beyond the control of its custodian.

If the possessor or custodian of such dog cannot provide the Chief of Police with proof of current

rabies vaccination or when, in the opinion of the Public Health Officer, the situation warrants it, such dog shall be impounded at the City’s animal shelter and the expense shall be borne by the owner, possessor or custodian of such dog, pending a petition pursuant to California Food and Agricultural Code Section 31601 et seq. to have the dog declared potentially dangerous or vicious.

This section shall not apply to any dog working with a State, Federal or local government law enforcement officer. (1949 Code § 4116; Ord. 1437 § 1, 1972; Ord. 1685 § 1, 1976; Ord. 1721 § 1, 1977; Ord. 1833 § 1, 1980; Ord. 97-19 § 1, 1997; Ord. 2023-22 § 407, 2023)

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City of Newport Beach, CA § 7.06.010 ANIMALS § 7.06.020