Santa Ana Municipal Code § 5-14 Restraint of animals

Footnotes:

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Editor's note— Ord. No. NS-1466, §§ 1-21, enacted Feb. 5, 1979, amended Art. I to read as herein set out. Prior to amendment Art. I was derived from Ord. No. NS-1020, § 1, adopted July 6, 1970; Ord. No. NS-1152, § 1, adopted March 12, 1973; Ord. No. NS-1183, § 1, adopted Aug. 20, 1973; Ord. No. NS-1216, §§ 1, 2, adopted Aug. 5, 1974; Ord. No. NS-1235, § 19, adopted Dec. 9, 1974; and Ord. No. NS-1330, §§ 1, 2, adopted Oct. 26, 1976.

Unless the particular provisions or the context otherwise requires the definitions and provisions contained in this section shall govern the construction meaning and application of words and phrases used in this chapter.

(a) Animal includes, but not limited to, birds, cats, dogs, fishes, fowl, rabbits, reptiles and nonhuman mammals.

(b) Apiary means the place where bees are kept and maintained, usually in a collection of hives or colonies.

(c) Bee means any stage of the common domestic honey bee, Apis Mellifera.

(d) Bird includes, but is not limited to, budgies, canaries, cardinals, cockatiels, cockatoos, doves, finches, lories, lorikeets, lovebirds, macaws, parakeets, parrots, pigeons, sparrows, toucans and weavers.

(e) Commercial kennels means any lot, building, structure, or premises where more than three (3) dogs over the age of four (4) months are kept or maintained for any purpose, including but not limited to boarding, training, or breeding, exclusive of dental, medical, or surgical care, or for quarantine purposes.

(f) Domesticated animal means any dog, housecat (felis catus), livestock, rabbit, poultry or bird.

(g) Dog includes any male, female, or neuter domesticated member of the species canis familiaris, but excludes other members of the family canidae.

(h) Estray means any animal found running at large upon any land within the city.

(i) Fowl means any larger domestic bird generally used for food and includes, but is not limited to, the chicken, duck, goose and turkey.

(j) Hive means a structure for the housing of a bee colony.

(k) Livestock means animals kept for use on a farm and includes, but is not limited to, any swine, sheep, goat, horse, cattle, equine or bovine animal.

(l) Owner means any person having title to any animal, or a person who has, harbors, or keeps, or who causes or permits to be harbored or kept, an animal in his care, or who permits an animal to remain on or about his premises for thirty (30) consecutive days.

(m) Premises means a parcel of land.

(n) Quarantine means the isolation of any animal within a substantial enclosure to avoid its contact with other animals or unauthorized persons.

(o) Running at large means free of restraint beyond the boundaries of the premises of the owner or custodian.

(p) Vaccination means a protective inoculation against rabies with an anti rabies vaccine recognized and approved by the Orange County Health Department.

(q) Vicious animal means any animal which has bitten or broken the skin of, or in any manner attacked or attempted to attack any person or any animal within the city.

(r) Wild animal means any animal which is either:

(1) Not a domesticated animal, or

(2) A vicious animal over which the owner has evidenced a failure to maintain control.

(s) Exotic animal means nonhuman primates and prosimians (such as chimpanzees, monkeys) felids, except domesticated cats; ursids (bears); elephants; crocodilians (such as alligators and crocodiles); ungulates (such as hippopotamus, rhinoceros, giraffes, zebra); and camels. These terms shall apply whether the animal is bred in the wild or captivity. It is not the intent of this definition to include domesticated species such as horses, cows, sheep, or llamas among the animals listed above.

(t) Barking dog means a dog that barks, bays, cries, howls, or makes any 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 incessant barking for thirty (30) minutes or more in any 24-hour period, or intermittent barking for sixty (60) minutes or more during any 24-hour period. A dog shall not be deemed a "barking dog" for purposes of this chapter if, at any time the dog is barking, a person is trespassing or threatening to trespass upon private property in or upon which the dog is situated, or when a dog is teased or provoked.

(u) Responsible person as defined in section 1-21.1(a)(1)—(5).

(v) Enforcement officer as defined in section 1-21.1(b).

(Ord. No. NS-1466, § 1, 2-5-79; Ord. No. NS-1527, § 1, 5-5-80; Ord. No. NS-2134, § 1, 7-1-91; Ord. No. NS-2669, § 2, 10-4-04; Ord. No. NS-2754, § 2, 7-16-07; Ord. No. NS-2932, § 3, 11-21-17)

(a) Subject to the provisions of California Code of Civil Procedure, Section 1822.50 et seq., the animal control officer is hereby authorized to enter upon any premises for the purpose of inspection upon reasonable cause to believe there is a violation of any provision of this chapter or any law of the state relating to the care, treatment, control, or prevention of cruelty to animals.

(b) The animal control officer is hereby authorized, and it is declared to be his duty, to go upon unenclosed lots or lands for the purpose of taking up and into his custody for impounding any animal found estray or running at large thereon or chained, staked, herded, or grazed thereon contrary to the provisions of this chapter.

(c) Except as otherwise provided by law, when any animal other than an animal abandoned by its owner, is impounded pursuant to this section, the animal control officer shall, within forty-eight (48) working hours after impounding such animal, notify the owner, if known, of the location of such animal. Unless the owner is personally notified, such notification shall be by mail with postage fully prepaid thereon.

(d) The animal control officer and his deputies are designated as the employees of the City of Santa Ana charged with the duty to enforce the provisions of this chapter, and are authorized to issue citations for violations of said provisions in accordance with Section 836.5 of the Penal Code of the State of California.

(Ord. No. NS-1466, § 2, 2-5-79; Ord. No. NS-2134, § 2, 7-1-91)

A violation of any section of this chapter restricting or otherwise regulating the care, maintenance, and control of animals is a misdemeanor. Each day which a violation occurs shall constitute a separate offense. This section shall not apply to public officials in the exercise of their official duties.

(Ord. No. NS-1466, § 3, 2-5-79; Ord. No. NS-1765, § 1, 3-18-85)

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 duties.

(Ord. No. NS-1466, § 4, 2-5-79)

The City of Santa Ana is designated a bird sanctuary and signs bearing the legend "SANTA ANA IS A BIRD SANCTUARY" shall be placed at appropriate locations at or near the city limits at principal entrances to the city. No person shall kill or injure any species of wild birds or molest or damage the nest or the eggs of any wild birds within the city. It shall be unlawful for any person to willfully kill or injure any song bird, or to molest, or damage the nest of such bird. If the animal control officer shall determine that starlings or other birds have become so numerous in any particular location or area as to be a public nuisance or for any other reason have become a public nuisance or a menace to health or property, said fact may be declared and the birds involved may be destroyed or otherwise controlled.

(Ord. No. NS-1466, § 5, 2-5-79; Ord. No. NS-2134, § 3, 7-1-91)

The noncommercial keeping of more than four (4) birds (not including fowl) as pets or as a hobby requires a special permit issued by the animal control officer and subject to the following rules and regulations. Permits may be revoked on any grounds which would be sufficient to deny issuance. Any person aggrieved by the action of the animal control officer in denying or revoking a permit may appeal to the city council as provided in Chapter 3 of this Code:

(a) All birds shall be confined indoors or in a coop, aviary or pen, and all such buildings, coops, aviaries or other places where such birds are kept shall be located at least one hundred (100) feet from any residence, the owner's excepted.

(b) The floors of every such building shall be smooth and tight and maintained so as to prevent accumulation of filth or water.

(c) All dead animals, manure, refuse, feathers and other waste matter shall be removed within a reasonable time, not to exceed forty-eight (48) hours, or kept in fly-tight containers until such removal.

(d) The occasional sale of birds would be permitted if such sale is incidental to the keeping of the birds as pets or for a hobby.

(e) If the animal control officer or the city's code enforcement personnel determine that the keeping of birds, or the keeping of a particular number of birds, at a particular location constitutes a nuisance or a health or safety hazard, then the keeping of more than four (4) birds as pets or a hobby shall not be permitted and the permit issued therefor shall be revoked.

(Ord. No. NS-2134, § 4, 7-1-91)

(a) No person shall keep or maintain more than four (4) in number of any fowl (excluding roosters which are not permitted within the city per section 5-6.5 hereof), rabbit, or any combination thereof, on any premises within the city unless a special permit has been issued, subject to the rules and regulations provided in this section and the approval of the city department of planning and development services. Permits may be revoked on any grounds which would be sufficient to deny issuance. Any person aggrieved by the action of the animal control officer in denying or revoking a permit may appeal to the city council as provided in chapter 3 of this Code.

(b) Any person keeping or maintaining more than four (4) in number of fowl (excluding roosters which are not permitted within the city per section 5-6.5 hereof), rabbits, or any combination thereof, on any premises within the city shall be subject to the following rules and regulations:

(1) All buildings, pens, runs, or other places where such fowl and/or rabbits are kept shall be located at least thirty (30) feet from any residence, the owner's excepted.

(2) The floors of every such building shall be smooth and tight and maintained so as to prevent accumulation of filth or water.

(3) The floor area of every such building where the fowl and/or rabbits are given free run shall be of sufficient area so as to allow for two and one-half (2½) square feet per fowl and/or rabbit.

(4) All dead animals, manure, refuse, feathers, and other waste matter shall be removed within a reasonable time, not to exceed forty-eight (48) hours, or kept in fly-tight containers until such removal.

(5) If runs are provided and the formation of ground therefor is such that it cannot be kept in a clean and sanitary condition at all times as required by the state or local health department, the floor of said runs or pens shall be constructed of cement, said cement to be laid so as to prevent rodents from entering thereunder.

(6) Rabbits must be kept in hutches so constructed as not to allow the urine to pollute the ground, and provided with floors that are removable for the purpose of cleaning and disinfecting; no box hutches will be permitted.

(Ord. No. NS-1466, § 6, 2-5-79; Ord. No. NS-1720, § 1, 4-2-84; Ord. No. NS-2134, § 5, 7-1-91; Ord. No. NS-2833, § 2, 6-4-12)

No person shall keep any rooster on any premises within the City of Santa Ana which is used for residential purposes, or on any premises which permits residential uses pursuant to the zoning districts contained in Chapter 41 of this Code.

(Ord. No. NS-1720, § 4, 4-2-84)

The purpose of this section is to authorize backyard beekeeping subject to certain requirements intended to avoid problems that may otherwise be associated with beekeeping in populated areas. The keeping of wasps, hornets, Africanized bees (Apis mellifera scutellata), and any other noxious insects is prohibited.

Beekeeping is allowed in the general agricultural (A-1) zoning district subject to the conditions set forth in section 41-201.5(k) and on properties developed with a single-family residence subject to the conditions set forth herein.

(a) General requirements.

(1) No more than two (2) hives may be maintained on a single-family residential property with six thousand (6,000) square feet or less. On lots larger than six thousand (6,000) square feet, the number of hives is limited to one (1) hive for every three thousand (3,000) square feet of lot area, with a maximum of five (5) hives, whichever is less.

(2) All bee colonies shall be kept in hives consisting of moveable frames which shall be kept and maintained in sound and usable condition.

(b) Hive placement requirements.

(1) Hives shall be located within the rear yard of a single-family residential lot. A rear yard is a yard extending across the full width of the lot between the most rear main building and the rear lot line. The depth of the required rear yard shall be measured from the nearest point of the rear lot line toward the nearest main wall of the building.

(2) Hives shall be located a minimum of twenty (20) feet from public rights-of-way or private streets.

(3) Hives shall be located a minimum of five (5) feet from interior lots lines; provided, however, that this requirement may be waived in writing subject to the approval of the adjoining property owner(s).

(4) Hives must either be screened so that bees must fly over a six (6) foot barrier, which may be vegetative, before leaving the property, or be placed eight (8) feet above the adjacent ground floor.

(5) Hives must face away from nearest lot lines.

(c) Hive management requirements.

(1) Colonies must be maintained so as to not interfere with the quiet enjoyment of surrounding properties.

(2) A water source for the bees shall be provided at all times on the property where the bees are kept to discourage bee visitation at swimming pools, hose bibs and other water sources on adjacent public or private property.

(3) Hive maintenance materials or equipment must be stored in a sealed container or placed within a building or other bee-proof enclosure.

(d) Nuisance. Bees or hives shall be considered a public nuisance when any of the following occurs:

(1) Colonies of bees that exhibit defensive or objectionable behavior, or interfere with the normal use of neighboring properties;

(2) Colonies of bees swarm;

(3) Hives that are abandoned by resident bees or by the owner;

(4) Bees or hives are not kept and/or maintained in conformance with this Section.

(e) Penalties for violations. Violation of this section shall be subject to all remedies and enforcement measures authorized by this Code. At the discretion of the issuing enforcement officer, violations may be cited as a misdemeanor or infraction. As an alternative enforcement method, violations of this section may be addressed through the use of an administrative citation as set forth in sections 1-21.1 through 1-21.9.

(Ord. No. NS-1466, § 7, 2-5-79; Ord. No. NS-2932, § 4, 11-21-17)

Editor's note— Ord. No. NS-2932, § 4, adopted April 21, 2017, amended § 5-7, to read as set out herein. Previously § 5-7 was titled "Bees prohibited."

It shall be unlawful for any person to keep or maintain, or cause to be kept or maintained, any wild animal without first, applying for and receiving a permit from the animal control officer, except that no permit is required to keep or maintain the following wild animals: chinchillas, chipmunks, guinea pigs, hamsters, turtles, tropical fish (except caribee), nonpoisonous snakes, where permitted by state and federal law, white mice and white rats. The provisions of this section shall not prohibit the keeping or maintaining of wild animals in bona fide, licensed veterinary hospitals for treatment.

(Ord. No. NS-1466, § 8, 2-5-79; Ord. No. NS-2134, § 6, 7-1-91; Ord. No. NS-2669, § 3, 10-4-04)

(a) It shall be unlawful for any person to keep or display a wild animal or exotic animal at a circus or carnival or similar use, including but not limited to temporary outdoor activities regulated by chapter 41 of this Code.

(b) This section shall not apply to any wild animals or exotic animals which are kept or displayed at a zoo or museum, or similar use as determined by the animal control officer.

(Ord. No. NS-2669, § 4, 10-4-04)

(a) The animal control officer shall issue a permit for the keeping or maintaining of a wild animal if, after an inspection of the property where the animal is to be kept or maintained, he finds:

(1) That a nonrefundable fee as established by resolution of the city council has been paid to the department of finance;

(2) That the wild animal is at all times kept or maintained in a safe manner and that it is at all times confined securely so that the keeping of such animal will not constitute a danger to human life or the property of others;

(3) That adequate safeguards are made to prevent unauthorized access to such animal by members of the public;

(4) That the health or well being of the animal is not in any way endangered by the manner of keeping or confinement;

(5) That the keeping of such animal does not constitute a nuisance and will not harm the surrounding neighborhood;

(6) That the keeping of such animal will not create or cause offensive odors or constitute a danger to public health;

(7) That the quarters in which such animal is kept or confined are adequately lighted and ventilated and are so constructed that they may be kept in a clean and sanitary condition;

(8) That the applicant proves his ability to respond in damages to and including the amount of one hundred thousand dollars ($100,000.00) bodily injury to or death of any person or persons or for damage to property owned by any other person which may result from the ownership, keeping or maintenance of such animal. Proof of liability to respond in damages may be given by filing with the animal control officer, in a form approved by the city attorney, a certificate of insurance issued by a solvent corporation holding a certificate of authority to do insurance business in the state, or a bond from a responsible and solvent corporation authorized to issue bonds under the laws of the state. Such certificate of insurance or bond shall provide that no cancellation of the insurance or bond will be made unless thirty (30) days written notice is first given to the animal control officer;

(9) That the applicant has proof of state and/or federal permits for the species or specimen when so required by law;

(10) That the planning and building agency has inspected the property and approved of the issuance of the permit.

(b) In no event shall a permit be issued for the keeping of more than two (2) wild animals over the age of two (2) months at any single location.

(c) Any applicant denied a permit pursuant to these provisions may appeal to the city council pursuant to Chapter 3 of this Code.

(Ord. No. NS-1466, § 9, 2-5-79; Ord. No. NS-2134, § 7, 7-1-91)

If, at any time, it appears to the animal control officer that there are grounds for denial or revocation of the wild animal permit, but that such grounds could be eliminated by the imposition of conditions, or of additional conditions, he may notify the applicant or permittee in writing that he intends to improve or amend such conditions.

(Ord. No. NS-1466, § 10, 2-5-79)

A wild animal permit may be revoked on any one or more of the following grounds:

(a) Any fact exists which would be a reason for denial of the permit.

(b) The permittee, or any agent or employee of the permittee has violated, or has been convicted of violating any provisions of this or any other ordinance, or of any of the state now, or hereafter, in force regulating the activity for which the permit was issued.

(c) The permittee obtained the permit by false or fraudulent representations.

Prior to any such revocation, the animal control officer shall provide the permittee with written notice by U.S. mail, of his intent to revoke the permit and advising the permittee of his right to appeal such decision. Any permittee aggrieved by a decision to revoke the permit may appeal pursuant to Chapter 3 of this Code.

(Ord. No. NS-1466, § 12, 2-5-79)

(a) No person, other than an officer lawfully obtaining possession under this chapter, shall hold or retain possession of any dog or other animal for a period of longer than seventy-two (72) hours unless he holds title to such animal or has the consent of the owner thereof, or unless such person shall have reported the fact of such possession pursuant to section 5-13.

(b) Every operator of a self-propelled vehicle upon the streets and ways of the City of Santa Ana shall immediately upon injuring, striking, maiming, or running down any animal, give aid to such animal or immediately notify the animal control officer, furnishing sufficient facts relative to such injury.

(Ord. No. NS-1466, § 13, 2-5-79; Ord. No. NS-2134, § 8, 7-1-91)

(a) Any person finding any estray domesticated animal or permitted wild animal which is running at large contrary to the provisions of this Code may take up such animal if he complies with the provisions of this section.

(b) Any person, seventy-two (72) hours after taking up any estray domesticated animal or permitted wild animal pursuant to this section, shall surrender such animal to the animal control officer on demand.

(c) Every person, except the animal control officer, taking up an estray domesticated animal or permitted wild animal pursuant to this section shall, within seventy-two (72) hours thereafter, give notice to the animal control officer of:

(1) The fact that he has such animal in his possession;

(2) The complete description of such animal;

(3) The license number of such animal, if any; and

(4) The place where such animal is confined.

(Ord. No. NS-1466, § 14, 2-5-79; Ord. No. NS-2134, § 9, 7-1-91)

(a) Any person owning or having charge, custody, care or control of any animal kept or harbored in the City of Santa Ana shall confine such animal exclusively upon such owner's premises, except when otherwise properly restrained as hereinafter provided.

(b) No person shall allow or permit any animal to run at large, or be pastured, herded, staked, or tied in or on any public alley, street, sidewalk, vacant lot, school grounds, or other unenclosed place, or other public place belonging to or under the control of the city or in such a way as to trespass in any manner upon any of the aforesaid public places.

(c) No person shall ride, drive, lead or tie any horse or mule on any sidewalk, or allow any such animal attached to any vehicle, or any such vehicle to stand across or on a pedestrian crosswalk of any street or upon a sidewalk within the city, or allow any horse, mule or other animal used for riding or driving in a vehicle to stand upon any of the public streets without being securely tied or under the control of its owner or manager.

(d) No person shall ride a horse, mule, donkey, pony or bovine animal in a park except on designated paths or trails, nor shall any person abandon or bring into any park, except on a leash, any animal, reptile or fowl of any kind.

(e) No person shall hitch any animal to any hydrant, building, reservoir screening, or to any other part of the system of the city's waterworks.

(f) No person shall permit any animal to be at large or to go or be upon the premises owned or occupied by any other person in the city without said other person's consent.

(g) All dogs must be confined within a yard or other enclosure; provided that dogs on a secure leash not more than eight (8) feet in length may be permitted on the streets or other public places of the city.

(h) Any animal found to be at large or trespassing upon private premises or public property in violation of this section shall be deemed prima facie not to be under the control of the owner and is hereby declared to be a nuisance and a menace to the public health and safety, and shall be seized and impounded as provided in this chapter.

(Ord. No. NS-1466, § 15, 2-5-79; Ord. No. NS-2134, § 10, 7-1-91)

(a) Any impounded animal may be redeemed by the owner upon payment of the fees established by resolution of the city council. The owner must also demonstrate that he is the owner or custodian of the animal, and that he can keep such animal in conformance with the requirements of this chapter.

(b) If a licensed animal is not redeemed within seven (7) days of impoundment, or an unlicensed animal is not redeemed within three (3) days of impoundment, excluding holidays and the day of impoundment, it shall be deemed abandoned and the animal control officer may sell, release or destroy said animal; provided, however, that the animal control officer be discouraged from selling or giving away unclaimed stray animals from the City of Santa Ana to any persons or organizations desiring such animals for research purposes, and that each employee of the city, when turning over animals to the animal control officer during the performance of their duties as city employees, shall direct such animal control officer not to use such animals for research purposes.

(Ord. No NS-1466, § 16, 2-5-79; Ord. No. NS-1623, § 1, 2-1-82; Ord. No. NS-2134, § 11, 7-1-91)

No person shall permit breeding of animals under their custody or control except within an enclosure so arranged as to obstruct such animals from the view of all persons who have no proprietary interest in the breeding of such animals. The provisions of this section shall not be applicable to zoos, museums, or any other place where such animals are kept as live specimens for the public to view.

(Ord. No. NS-1466, § 17, 2-5-79)

It shall be unlawful for any person to abandon any animal within the City of Santa Ana. Any person violating this section shall bear full costs and expenses incurred by the city in the care of said abandoned animal and shall reimburse to the city all said costs as determined by the department of finance.

(Ord. No. NS-1466, § 18, 2-5-79)

(a) Livestock. Except as otherwise provided in this chapter, no person who keeps or has upon premises owned, leased, or occupied by him any livestock shall keep such livestock within one hundred (100) feet of any family residence, with the exception of his own.

(b) Fowl and rabbits. No person shall keep fowl or rabbits within thirty (30) feet of any family residence or building designated for human occupancy, with the exception of his own.

(c) Enforcement. The director of planning and development services shall not approve for issuance any building permit until he has assured himself that the provisions of this section have been met.

(Ord. No. NS-1466, § 19, 2-5-79; Ord. No. NS-1720, § 2, 4-2-84; Ord. No. NS-2134, § 12, 7-1-91; Ord. No. NS-2833, § 3, 6-4-12)

No person shall kill any animal in the City of Santa Ana, nor shall any person butcher, dismember or process any slaughtered animal in the City of Santa Ana, in order that it may be sold or used as food, except:

(a) In an enclosed building, provided each animal so slaughtered is of five (5) pounds or less in weight; or

(b) In commercial slaughtering buildings.

Nothing herein shall be construed to permit any use of property in violation of the zoning regulations contained in Chapter 41 of this Code.

(Ord. No. NS-1466, § 20, 2-5-79; Ord. No. NS-1720, § 3, 4-2-84)