San Clemente Municipal Code Ch. 6.04 General Provisions, Administration and Enforcement

As used in this title, the following terms have these meanings, unless otherwise specified:

"Administrative action" means and refers to any enforcement action taken by the Authority other than criminal prosecution or civil proceeding filed in the Orange County Superior Court.

"Adoption fee" means any compensation or monetary exchange for the purpose of taking ownership or custody of an animal.

"Animal" means any creature, domestic or wild, including, but not limited to, birds, fishes, reptiles, insects, arachnids, arthropods, and nonhuman mammals.

"Animal control officer" means any person designated by the general manager of the authority as a law enforcement officer who is qualified to perform such duties under the laws of this state.

"Animal establishment" means any pet shop, grooming shop, animal auction, performing animal exhibition, kennel, or animal shelter (except this term shall not include licensed veterinary medical facilities, licensed research facilities, facilities operated by government agencies, or licensed animal dealers regulated by the U.S.D.A. under the provisions of U.S. Public Laws 89544 and 91579).

"Animal exhibition" means 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 pedigree cat shows, obedience trials and competitions, field trials, and any other fair or exhibition intended to advance agricultural arts and sciences.

"Animal menagerie" means a place where wild and/or exotic animals are kept or maintained for any commercial purposes.

"Animal rescue operation" shall mean a person or group dedicated to the rescue of homeless dogs and or cats and who, while seeking homes for the dogs and cats, keep the homeless dogs and cats in their homes subject to their having first obtained an "animal rescue private kennel permit."

"Animal shelter" means any facility operated by the city or its authorized agents for the purpose of impounding or caring for animals held under the authority of this chapter or state law.

"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 general manager so finds and certifies in writing.

"At large" means a dog or cat shall be deemed to be "at large" when off the property of the owner and not under restraint.

"Auctions" means any place or facility where animals are regularly bought, sold or traded, except for those facilities otherwise defined in this chapter. This term does not apply to individual sales of animals by owners.

"Authority" means the coastal animal services authority, a joint powers authority created to facilitate the animal control, welfare, and licensing requirements of the cities served.

"Barking dog" means a dog that barks, bays, cries, howls or makes any vocal noise for an extended period of time to the disturbance of any person at any time of day or night, regardless of whether the dog is physically situated in or upon private property. Such extended period of time shall consist of continuous barking for 30 minutes or more, or intermittent barking for 60 minutes or more. A dog shall not be deemed a "barking dog" if it is barking in response to a person trespassing or takes action which a reasonable person would interpret to constitute an attempted trespass upon private property, or when the dog is being teased or provoked.

"Birth control measures" means the surgical alteration of female and male cats and dogs, popularly referred to as spaying and neutering; the utilization of approved mechanical birth control devices, such as intrauterine devices; or chemical birth control agents as approved by the Southern California Veterinary Medical Association.

"Board of Directors" means the policy-making body for the Authority consisting of elected officials from each jurisdiction served by the Authority and support staff.

"Care and evaluation committee" means an advisory committee to the general manager or the authority, whose purpose is to make recommendations to improve the quality of life and future wellbeing of animals.

"Cat" means and includes domesticated members of the species Felis catus. This definition excludes other members of the family Felidae.

"Charitable auction" means any and all auctions carried out by a charitable organization for the purpose of fundraising.

"Charitable organization" means a nonprofit organization which qualifies under Section 501(c)(3) of the Internal Revenue Code as a charitable organization.

"Circus" means a commercial variety show featuring animal acts for public entertainment.

"City" means the City of San Clemente and any of its designees.

"Commercial" means operated or carried on primarily for financial gain.

"Commercial animal establishment" means any pet shop, commercial animal rescue shop, grooming parlor, animal auction, animal dealer who operates for profit, riding school or stable, zoological park, circus, performing animal exhibition, commercial kennel/cattery, or animal shelter.

"Commercial animal rescue shop" means 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 San Clemente-Dana Point Animal Shelter.

"Commercial breeder" means 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 exhibitor" means any person exhibiting any animals to the public for compensation, such term including carnivals, circuses and animal acts exhibiting such animals whether operated for profit or not.

"Commercial kennel/cattery" means any for-profit establishment or operation where animals of any species are kept for the purpose of breeding, grooming, boarding, or exhibiting such animals; or selling animals of any species (excluding dogs and cats); or engaged in the training of dogs.

"Dealer" means 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.

"Dog" means and includes domesticated members of the species Canis familiaris. This definition excludes other members of the family Canidae.

"Domestic animal" means any animal which has historically and commonly been tamed for use or companionship by humans.

"Enclosure" or "enclosed space" shall mean fence or structure designed to prevent the animal from escaping. When used for a "potentially dangerous dog," "dangerous dog," or "vicious dog" as defined in this section, the enclosure must further prevent the entry of young children in addition to any other measures to ensure the dog is not a threat to public health, safety and welfare.

"Euthanasia" means the humane death of an animal brought about by an authorized person and method approved by the authority and the local veterinary doctors.

"Fowl" means a bird that is raised for its eggs or meat.

"General manager" means the individual serving as the director of the authority, or designee. The general manager has inherent discretion on all matters under this title, unless otherwise stated.

"Grooming parlor" means any place where animals are groomed, clipped, bathed, or otherwise conditioned as pets and/or for show in exchange for a fee, except when such service is offered and provided by a commercial kennel or licensed veterinary hospital.

"Guard dog" or "sentry dog" means any dog utilized, on a commercial basis, to guard any property within the cities served by the authority, including guarding against fire or theft or both.

"Guide dog" means a dog certified by a licensed guide (seeing eye) dog agency and actually being used by a blind person.

"Horse stable" means any location where three or more horses are maintained for any purpose.

"Humane manner" means the care of an animal to include, but not be limited to, adequate heat, ventilation and sanitary shelter, wholesome food and water, consistent with the normal requirements and feeding habits of the animal's size, species and breed.

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

"Impounded" means having been received into the custody of any animal shelter, or into the custody of the general 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 cities served by the authority to warrant putting into effect the provisions of this title and any rules or regulations adopted pursuant thereto.

"Kennel" means any premises wherein any person engages in the business of boarding, breeding, letting for hire, or training for a fee, animals of any species; or buying and/or selling animals of any species (excluding dogs and cats).

"Kitten" means any Felis catus under four months of age.

"License" means a fee collected by the authority program for: (a) commercial establishments keeping animals; (b) commercial establishments providing services related to animals; (c) commercial establishments selling domestic or nondomestic animals (excluding dogs and cats); and (d) individual household pets.

"Licensing authority" means the general manager of the authority or any designated representative thereof charged with administering the issuance and/or revocation of permits and licenses under the provisions of this chapter.

"Livestock" means any domesticated animals including cattle, horses, ponies, stallions, colts, geldings, mares, sheep, rams, lambs, bulls, bullocks, steers, heifers, cows, calves, mules, jacks, jennets, burros, goats, kids, swine, confined and domesticated hares and rabbits, poultry, and equines which are kept in captivity or under the control or ownership of any person for any purpose.

"Neutered" means rendered permanently incapable of reproduction. To be acceptable, the neutering must be performed by a licensed veterinarian.

"Operator" means the legal owner or person in actual control of any activity involving animals.

"Owner" means the actual custodian of an animal, whether or not that person is the legal owner, the caretaker, or merely the possessor of an animal. Legal ownership is established by a person being registered as the owner on a license or other legal document.

"Performing animal exhibition" means any spectacle, display, act or event other than circuses, in which performing animals are used.

"Permit" means an authorization from the authority or any city served by the authority, stipulating conditions under which non-domesticated animals may be kept in commercial and private establishments.

"Person" means any individual or business, partnership, firm, joint stock company, corporation, association, society, trust, estate, government agency, other legal entity, and every officer, agent or employee thereof who own, harbor, or keep animals within the city.

"Pest breeding hazard" means the accumulation, existence or maintenance of any substance, matter, material or condition resulting in the breeding of flies, cockroaches, rats or other insects or rodents in an amount or manner such as to endanger public health or safety, or to create unreasonable interference with the comfortable enjoyment of life and use of property by others.

"Pet" means any animal kept for pleasure rather than utility.

"Pet shop" means any person, partnership or corporation, whether operated separately or in connection with another business enterprise, that buys for resale and/or sells at retail, any species of animal (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 dog" has the same meaning as that term is used in California Food & Agriculture Code section 31602 as may be amended from time to time.

"Poultry" means all domesticated fowl and all game bird which are held in captivity.

"Primary enclosure" means the default or main enclosure used to immediately restrict an animal or animals to a limited amount of space, such as a room, pen, run, cage, compartment or hutch.

"Private animal owner" means a person having bred, adopted or purchased a dog, cat or other animal permitted by this title, 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 refuge" means owners and harbourers of unwanted animals of any species, including cross-breeds, who provide food, shelter, confinement, licensing and spaying/neutering for a group of animals.

"Private breeder" means 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 exhibitor" means 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/cattery" means the home and premises of a person who owns four or more dogs and/or cats that are four months of age or older for the pleasure and enjoyment of the owner.

"Provoke" means to perform an intentional act or omission that a reasonable person would conclude is likely to cause a bite, injury, or attack by an ordinary dog or any other animal not known for aggressive behavior.

"Public nuisance" has the same definition as section 8.52.010 of this Code, and includes, but is not limited to, any animal or animals that:

(a) Molests passersby or passing vehicles;

(b) Attacks other animals; change to any violation is a public nuisance;

(c) Trespasses on school grounds; add to animals at large;

(d) Is repeatedly at large;

(e) Damages private or public property;

(f) Barks, whines, howls or makes any noise in an excessive, continuous or untimely fashion;

(g) Damages, soils, defiles or defecates on private property other than the owners, or on public walkways and recreation areas, unless such waste is immediately removed and properly disposed of by the owner;

(h) Causes unsanitary, dangerous or offensive conditions;

(i) Causes a disturbance by excessive barking or other noise making;

(j) Molests, attacks or interferes with persons or other domestic animals; or

(k) Unrestrained and at large.

"Public nuisance animal owner" is the owner or custodian of an animal that has caused a public nuisance as defined above.

"Puppy" means any Canis familiaris under four months of age.

"Quarantine" means the strict confinement of an animal upon the premises of the owner or elsewhere as approved by the general manager.

"Registration" means the method of identifying animals through an identification number at an animal shelter. It shall not be the same as a license.

"Restraint" means an animal that is contained within the real property limits of its owner or secured by a leash or lead or under the control of a responsible person.

"Riding school" or "stable" means any place which has available for hire, boarding and/or riding instruction, any horse, pony, donkey, mule or burro.

"Run" means the floor or surface and cage, exclusive of the sleeping box, used to continually contain or maintain dogs or cats.

"Severe injury" means any physical harm to a human being that results in a serious illness or injury, including a substantial impairment of the physical condition of a person that requires professional medical treatment, including, but not limited to, loss of consciousness; concussion; bone fracture; protracted loss or impairment of function of any bodily member or organ; muscle tears, disfiguring lacerations, or a wound requiring multiple sutures; or any injury requiring corrective or cosmetic surgery.

"Spayed" means rendered permanently incapable of reproduction. To be acceptable, the spaying must be performed by a licensed veterinarian.

"Specialty animal" means any non-canine or non-feline domesticated animal kept as a pet or intended to be kept as a pet.

"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 local inspections are performed of livestock for infectious diseases.

"Tattoo" means any permanent marking identifying the animal, including, but not limited to, microchips.

"Unaltered" means an animal which has not been spayed or neutered.

"Veterinarian" means a veterinarian with a valid license to practice veterinary medicine, dentistry and surgery, issued by the Board of Examination Veterinarian Medicine of the State of California.

"Veterinary medical facility" means any establishment maintained and operated by a licensed veterinarian for surgery, diagnosis and treatment of diseases and injuries of animals.

"Vicious dog" has the same meaning as that term is used in California Food & Agriculture Code § 31603 as may be amended from time to time.

"Vivisection" means the cutting of or operation on a living animal, usually for physiological or pathological investigations.

"Wild/exotic animals" means animals which are kept for exhibition purposes or as private pets including, but not limited to, monkeys, raccoons, skunks, fox, snakes, leopards, panthers, tigers, lions, birds or any other animal which can normally be found in the wild state.

"Zoo" means a collection of living animals for public display.

"Zoological park" means any facility, other than a pet shop or kennel, displaying or exhibiting one or more species of non-domesticated animals operated by a person, partnership, corporation or government agency.

(Ord. No. 1797, § 1, 11-4-2025)

A. .....The authority is charged with administration of the provisions of this title on behalf of the city, as a joint powers authority under the direction of a board of directors comprised of one member of the City of San Clemente City Council and one member of the City of Dana Point City Council.

B. .....The general manager is charged with management of the authority and carrying out administration of the provisions of this title.

(Ord. No. 1797, § 1, 11-4-2025)

The general manager, with approval of the board of directors, may promulgate any necessary rules, regulations and policies for the administration of the authority and the provisions of this title.

(Ord. No. 1797, § 1, 11-4-2025)

The general manager and duly authorized agents of the authority, or any individual deemed a sworn peace officer pursuant to California Penal Code section 830.1, et seq., are empowered, to enforce the provisions of this title and any statute relating to animal control, unless otherwise provided by law, including, but not limited to the following enforcement actions:

A. Any person authorized to enforce this title may arrest any person without a warrant upon probable cause to believe that the person to be arrested has committed in their presence a misdemeanor violation of any statute or ordinance relating to animal control.

B. Any person authorized to enforce this title may issue administrative citations to any person violating the provisions of this title.

C. Any person authorized to enforce this title may impound any animal as provided in this title.

(Ord. No. 1797, § 1, 11-4-2025)

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. Anyone who violates this section is guilty of a misdemeanor.

(Ord. No. 1797, § 1, 11-4-2025)

A. Infraction. .....Any person who violates any provision of this chapter is guilty of an infraction, except as otherwise provided in this title. Each infraction is punishable by administrative citation and associated fines as provided for in Section 1.16.010 of this Code.

B. Misdemeanor. .....Any person who violates any provision of Chapter 6.20 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 title by that person is guilty of a misdemeanor. Each misdemeanor is punishable as provided for in Section 1.16.010 of this code.

C. Separate Offense. .....Each day in which a violation of this title exists shall constitute a separate offense.

(Ord. No. 1797, § 1, 11-4-2025)

The general manager or authorized agent is empowered to inspect any building or other property for the purpose of enforcing the provisions of this title or any statute relating to animal control, consistent with Section 6.20.040 of this Code, or as otherwise permitted by law.

(Ord. No. 1797, § 1, 11-4-2025)

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 the provisions of this Title, prosecution may be initiated against the owner and/or custodian.

(Ord. No. 1797, § 1, 11-4-2025)

A. .....The provisions of Chapters 1.20 and 1.22 of this code are fully incorporated into this title, except where otherwise provided. All references to "city manager" and "director of finance" in Chapters 1.20 and 1.22 are replaced here with "general manager." All references in Chapters 1.20 and 1.22 to the "city" as an entity are replaced here with the "authority."

B. .....The general manager shall designate a hearing officer for any administrative citation hearing. The hearing officer shall not be a city employee with supervisory powers over anyone in the city department that issued the citation. The employment, performance evaluation, compensation and benefits of the hearing officer, if any, shall not be directly or indirectly conditioned upon the amount of administrative citation fines upheld by the hearing officer.

C. .....No hearing to contest an administrative action or citation before a hearing officer shall be held unless and until a request for hearing form has been timely submitted and the fine amount has been deposited, unless waived in accordance with Section 1.22.030.

D. .....Formal rules of the California Evidence Code and discovery shall not apply, except that the hearing officer shall only consider evidence that is relevant to whether the violation(s) occurred and whether the responsible party has caused or maintained the violation(s) on the date(s) specified in the administrative citation.

E. .....The person contesting the administrative action or citation shall be given the opportunity to testify and present witnesses and evidence concerning the administrative citation.

F. .....Unless requested in advance by the person contesting the administrative action or citation, neither the enforcement officer nor any other representative of the city shall be required to attend hearing, provided that any such appearance may be made at the discretion of the enforcement officer or general manager.

G. .....The failure of any recipient of an administrative citation to appear at the administrative action or citation hearing shall constitute a forfeiture of the fine and a failure to exhaust the administrative remedies, and the order of the citation shall be a final determination.

H. .....The administrative action or citation and any additional documents submitted by the enforcement officer to the hearing officer shall constitute prima facie evidence of the violation and the respective facts contained in those documents.

I. .....If the enforcement officer submits an additional written report concerning the administrative action or citation to the hearing officer for consideration at the hearing, then a copy of this report also shall be served by certified mail on the person requesting the hearing at least ten calendar days prior to the date of the hearing.

J. .....Any document or evidence which either party intends on presenting at the hearing shall be exchanged at least 10 calendar days prior to the date of the hearing. The hearing officer shall have discretion not to consider any evidence that was not exchanged pursuant to this provision.

K. .....At least 10 calendar days prior to the hearing, the owner of the animal or recipient of an administrative citation shall be provided with copies of the citations, reports and other documents submitted or relied upon by the enforcement officer. Evidence obtained within 10 days of the hearing shall be immediately provided to the recipient of an administrative citation.

L. .....The hearing officer may, in his or her sole discretion, continue the hearing and request additional information from the enforcement officer or the recipient of the administrative citation prior to issuing a written decision.

(Ord. No. 1797, § 1, 11-4-2025)

A. .....After considering all of the testimony and evidence, the hearing officer shall issue a written decision within 10 days after the hearing to uphold or deny the administrative citation and shall list the reasons for that decision. The decision of the hearing officer is final.

B. .....If the hearing officer determines that the administrative citation should be upheld, then the fine amount on deposit with the city shall be retained by the city. If the citation is upheld, the responsible party shall be further liable for any balance of fines owed from the date of issuance of the citation to the date that the abatement is verified, or as otherwise determined by the hearing officer.

C. .....If the hearing officer determines that the administrative citation should be canceled, the city shall refund the amount of the deposited fine.

D. .....The recipient of the administrative citation shall be served with a copy of the hearing officer's written decision in the manner prescribed in this title.

(Ord. No. 1797, § 1, 11-4-2025)

If an administrative order is rendered in favor of the city, the offender may seek judicial review of the administrative order by doing one of the following:

A. Appeal the administrative order pursuant to Government Code Section 53069.4 within 20 calendar days after service of the administrative order. Such an appeal shall be made by filing a notice of appeal with the Clerk of the Civil Division of the Orange County Superior Court, Central Justice Center located at 700 Civic Center Drive West, Santa Ana, CA, 92701, along with applicable filing fees and a copy of the administrative order. The appealing party shall also serve a copy of the notice of appeal on the authority at that time by delivering the same in person or mailing the same by first class mail, postage pre-paid, return receipt requested to: Coastal Animal Services Authority, 221 Avenida Fabricante, San Clemente, CA 92672. If no appeal notice is filed within the 20 calendar day period, the decision shall be deemed final; or

B. File a petition for a writ of mandate pursuant to Code of Civil Procedure Section 1094.5 within 90 calendar days after service of the administrative order.

(Ord. No. 1797, § 1, 11-4-2025)

Payment of any fees or fines referenced in this title shall be remitted to the authority directly.

(Ord. No. 1797, § 1, 11-4-2025)

A. .....The authority, at its discretion, may pursue any and all legal and equitable remedies for the collection of unpaid fines and late penalties. Pursuit of one remedy does not preclude the pursuit of any other remedies until the total fines and late penalties owed by a responsible person under this chapter have been collected.

B. .....Failure to timely remit payment of any administrative fine and/or late penalty authorized under this chapter is subject to any collection methods permitted by law.

(Ord. No. 1797, § 1, 11-4-2025)