Rancho Santa Margarita Municipal Code Art. I General

Except as may otherwise be provided in Title 9 (Planning and Zoning) of this Code, the provisions of this Chapter 5.12 shall apply and control.

(Ord. No. 16-09, § 1, 1-11-2017)

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

Animal means any animal including, but not limited to, dogs, cats, birds, fishes, reptiles and nonhuman mammals.

Animal event means any commercial property or facility where one or more animals are kept or maintained.

Animal exhibition means any property where one or more animals are exposed to public view for entertainment, instruction or advertisement for which public admission is charged. Activities conducted primarily for instruction or entertainment of the participants, for which no public admission is charged, are excluded. Animal exhibitions include, but are not limited to, carnivals, tent shows or shows in the open air, or in a hall or building not specifically constructed for theatrical purposes, wherein the carnivals, circuses, dog or pony shows, dramatic, musical or theatrical performances are given to audiences, where at the total attendance does not exceed 2,500 persons.

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

Animal rental establishment means a place or facility where animals, other than dogs, cats or equines, are kept or maintained for hire.

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 animal research, where the Director has first found and certified in writing that said research is conducted under humane conditions.

Animal services department means the animal services department for the City of Mission Viejo, authorized and delegated to perform the services and functions described in this Chapter pursuant to contract.

Cat means traditionally domesticated members of the species felis catus; it excludes other non-traditionally domesticated members of the family felidae.

City means the City of Rancho Santa Margarita by and through its elected and appointed officers and officials, employees, agents and consultants.

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

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

Dangerous animal means any animal which presents a threat to the safety, well-being or condition of persons or property, as determined by the Director.

Director means the City of Mission Viejo Animal Services Manager or designee.

Dog means traditionally domesticated members of the species canis familiaris; it excludes other non-traditionally domesticated members of the family canidae.

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

Garbage means any waste resulting from the care, feeding or disposal of animal(s). This includes and consists in whole or in any part of animal wastes or remains, resulting from any cause, including the handling, preparing, cooking and consuming of food, including the offal from animal carcasses or parts thereof. At all times garbage shall be treated and managed in a safe and sanitary manner.

Grooming facility means any premises where animals are groomed, brushed, clipped or bathed or otherwise conditioned, as pets and/or for show, on a commercial basis.

Guard (sentry) dog means any dog utilized, on a commercial basis, to guard any property within the City, for any lawful purpose.

Guide dog or service dog means a properly trained dog certified by a licensed guide (seeing eye) dog agency and actually being used by a disabled person, including a "guide dog," "signal dog," or "service dog" as those terms are defined in California Civil Code Section 54.1.

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

Impounded means received into the custody of any animal shelter, or into the custody of the Director or his or her 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 Chapter and any rules or regulations adopted pursuant thereto.

Kennel means any lot, building, structure, enclosure or premises whereupon or wherein five or more cats or dogs, over four months of age, are kept or maintained for any purpose, including places where cats or dogs are boarded, kept for sale or adoption, or kept for hire. Excluded from this definition are veterinary clinics and pet hospitals when animals are being housed for medical care, and animals kept on any lot, building, structure, enclosure or premises licensed by the Director to contain additional animals pursuant to Article XI of this Chapter.

Livestock means any domesticated animal, including but not limited to, 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 or spayed 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.

Pet shop means any place of business where dogs under four months of age or any other animals to be used as pets, are 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, when unprovoked, bites a person causing any injury less severe than a severe injury.

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

(4) Provocation, or the lack thereof, shall be determined by, and in the sole discretion of the Director.

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.

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.

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 dog that, as determined by the Director:

(1) Has attacked or bitten a person causing death or physical injury;

(2) Has killed or inflicted substantial physical injury to an animal, without provocation, while off the owner's or custodian's property;

(3) Is owned or harbored primarily or in part for the purpose of dog fighting or is a dog trained for dog fighting; or

(4) Has twice, within a one-year period, done any of the following, as evidence by credible testimony, oral or written:

a. Bitten, attacked or attempted to bite a person; or

b. Chased or approached a person upon the streets, sidewalks or any public or private property in an apparent attitude of attack.

Provided, no dog may be determined to be a vicious dog if any such 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 and/or custodian of the dog, was committing or attempting to commit a crime upon the premises occupied by the owner and/or custodian of the dog, was threatening the owner, owner's family, custodian or third person, or was teasing, tormenting, abusing or assaulting the dog or who has, in the past, teased, tormented, abused or assaulted the dog.

This definition does not apply to dogs used in military, security or police work while they are actually performing in that capacity.

(Ord. No. 16-09, § 1, 1-11-2017)

The City of Mission Viejo, pursuant to contract, by and through the Director, is charged with the administration of this Chapter.

(Ord. No. 16-09, § 1, 1-11-2017)

The City Council of the City of Rancho Santa Margarita may, by resolution, promulgate any necessary rules and regulations for the administration of this Chapter.

(Ord. No. 16-09, § 1, 1-11-2017)

The Director, or his or her duly authorized deputies and agents, are hereby empowered and it shall be their duty to enforce this Chapter and any statute relating to animal control, unless otherwise provided by law. Pursuant to California Civil Code Section 607(g) each of the aforementioned individuals shall have the power to issue notices to appear in court for violations of the aforementioned provisions pursuant to California Penal Code Section 853.6 et seq.

(Ord. No. 16-09, § 1, 1-11-2017)

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

(Ord. No. 16-09, § 1, 1-11-2017)

Supervisory and senior animal control officers of the City of Mission Viejo who have successfully completed California Penal Code Section 832 firearms training or other relevant training intended to authorize firearm utilization, are authorized to carry in the City loaded rifles, shotguns and tranquilizer equipment, issued by the City of Mission Viejo, while acting in the course and scope of their employment.

(Ord. No. 16-09, § 1, 1-11-2017)

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. 16-09, § 1, 1-11-2017)

(a) A violation of this Chapter or any portion or Section thereof 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, administrative or civil complaint) and as provided for in Title 1 of this Code.

(b) Any person who violates any provision of Sections 5.12.280 or 5.12.610 is guilty of a misdemeanor, and shall be punishable by a fine of not more than $1,000.00 or by imprisonment in the county jail for a period of not more than six months or by both such fine and imprisonment.

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

(Ord. No. 16-09, § 1, 1-11-2017)

The Director, or his or her duly authorized deputies and agents, are authorized to inspect any building or other property for the purpose of enforcing this Chapter or any City, County or State statute relating to animal control.

(Ord. No. 16-09, § 1, 1-11-2017)

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

(Ord. No. 16-09, § 1, 1-11-2017)

Every person within the City who owns any animal, who has custody for an animal or who owns, conducts, manages or operates any animal establishment for which a license is required by this Chapter, 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 wherein animals are housed or maintained shall be maintained in a clean and sanitary condition.

(d) No animals shall be without attention for more than 12 consecutive hours. Whenever an animal is left unattended at an animal facility, the telephone number of the animal services department, or the name, address and telephone number of the person responsible for the care of the animal with a right of access to the facility, 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 wherein animals are housed or maintained 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 sufficiently so as not to endanger the health of other animals. Sick animals shall at all times be isolated from the other animals.

(i) Every building or enclosure wherein animals are housed or maintained shall be constructed of material easily cleaned and shall be kept in a sanitary condition. The building or enclosure 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 take any animal to a licensed 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 and/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 to be 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 animal any alcoholic beverage, unless prescribed by a licensed 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 unnecessary cruelty to any animal.

(q) Such person shall give working animals proper rest periods. Confined or restrained animals shall be given exercise proper 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 animals bearing 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 such dog or cat 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 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 puppy or kitten at the time of adoption.

(z) Every dog four months of age or older shall have been 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 services officer upon request. Water receptacles, containers 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 services 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.

(cc) Any other applicable federal, state, or local law, regulation or ordinance.

(Ord. No. 16-09, § 1, 1-11-2017)

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 the applicable provisions of this Code, and b) at the residence of the conveyor of the animal. Nothing herein shall be construed to prohibit animal adoption activities at other sites, subject to and provided that all necessary permits and approvals for the location of such animal adoption activity have been obtained.

(Ord. No. 16-09, § 1, 1-11-2017)

No person shall feed or in any manner provide food for wild mammalian predator 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 1) in the City of Mission Viejo Animal Services Center, 2) by a private, charitable, nonprofit humane society or animal rescue organization, or 3) by an individual who has been authorized by permit or license obtained from the animal services department to care for and feed such animals.

(Ord. No. 16-09, § 1, 1-11-2017)