Tustin Municipal Code Part 1 County Code

Subject to the particular additions, deletions and amendments hereinafter set forth in this Chapter, the rules, regulations and conditions of the Codified Ordinances of the County of Orange:

(a) Articles 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 of Division 1 of Title IV;

(b) Article 1 of Division 1 of Title V;

(c) Subsections (a), (b), (g), (h), (i), (m), and (t) of Section 5-1-29 and Section 5-1-30 of Article 2 of Division 1 of Title V;

(d) Article 3 of Division 1 of Title V;

(e) Division 2 of Title V; and

(f) Article 6 of Division 3 of Title V;

(g) Sections 5-3-151, 5-3-154, 5-3-156, and 5-3-157 of Article 12 of Division 3 of Title V;

(h) Article 14 of Division 3 of Title V;

(i) Article 17 of Division 3 of Title V;

and as may be amended from time to time by the Board of Supervisors of the County of Orange, California, as well as such other regulations adopted by the Board of Supervisors concerning animal control, including those which relate to fees, are adopted by reference under the authority of Sections 50022.1 through 50022.9 of the Government Code of the State of California and made a part hereof as though fully set forth herein as part of the Tustin Municipal Code and the same are hereby established and adopted as the rules, regulations, provisions and conditions to be observed and followed to govern animal control, welfare and license requirements in the City of Tustin. Three (3) full printed copies of the above-specified provisions of the Codified Ordinances of the County of Orange are ordered to be kept on file at the office of the City Clerk of the City of Tustin for public inspection and copies thereof shall be made available for purchase by the public at a price not to exceed the actual cost to the City.

(Ord. No. 1340, Sec. 1, 7-17-07; Ord. No. 1350, Sec. 1, 5-6-08)

The following references set forth in the Codified Ordinances of the County of Orange, referred to in Section 9.04.010 of the Tustin Municipal Code, shall be interpreted as follows: "County of Orange" or "Orange County" or "unincorporated area of Orange County" or "unincorporated territory of Orange County" or "unincorporated area of the County of Orange" shall be deemed to mean "City of Tustin."

(a) Section 4-1-8 of the Codified Ordinances of the County of Orange;

(b) Section 4-1-10 of the Codified Ordinances of the County of Orange;

(c) Section 4-1-70(a) of the Codified Ordinances of the County of Orange;

(d) Section 4-1-158 of the Codified Ordinances of the County of Orange;

(e) Section 4-1-164 of the Codified Ordinances of the County of Orange;

(f) Section 4-1-167 of the Codified Ordinances of the County of Orange;

(g) Section 4-1-176 of the Codified Ordinances of the County of Orange;

(h) Section 4-1-180 of the Codified Ordinances of the County of Orange;

(i) Section 5-1-30 of the Codified Ordinances of the County of Orange;

(j) Section 5-1-41 of the Codified Ordinances of the County of Orange;

(k) Section 5-2-14 of the Codified Ordinances of the County of Orange;

(l) Section 5-3-83 of the Codified Ordinances of the County of Orange;

(m) Section 5-3-185 of the Codified Ordinances of the County of Orange.

(Ord. No. 1340, Sec. 1, 7-17-07; Ord. No. 1350, Sec. 1, 5-6-08)

Section 4-1-46 of Article 2 of Division 1 of Title IV of the Codified Ordinances of Orange County shall be amended to read as follows:

"No person having the charge of any dog, except a blind, deaf or disabled person with his guide dog, signal dog or service dog shall permit said dog to be under any circumstances within public school property or on any public park within the City of Tustin. This section however, does not prohibit the use of dogs on school property for teaching or other uses when approved by the school officials.

The term "guide dog," "service dog," and "signal dog" in this section shall be given the same meaning as set forth in Penal Code Section 365.5."

In the event the City Council, by resolution, authorizes dogs to be upon any public park, the provision of this Section shall not be applicable thereto.

(Ord. No. 1340, Sec. 1, 7-17-07; Ord. No. 1350, Sec. 1, 5-6-08)

Subsection 4-1-50(e) of Article 2 of Division 1 of Title IV of the Codified Ordinances of Orange County shall be amended to read as follows:

"(e) Any City park."

(Ord. No. 1340, Sec. 1, 7-17-07; Ord. No. 1350, Sec. 1, 5-6-08)

Title IV, Division 1, Article 6, Section 4-1-94 paragraph 1 of the Codified Ordinances of Orange County, which in part reads, "The keeping or maintenance of such animals shall also conform to the zoning regulations of Orange County," shall be amended to read as follows:

"The keeping or maintenance of such animals shall also conform to the zoning regulations of the City of Tustin."

(Ord. No. 1340, Sec. 1, 7-17-07; Ord. No. 1350, Sec. 1, 5-6-08)

Section 5-1-1 of Article 1 of Division 1 of Title V of the Codified Ordinances of Orange County shall be amended to read as follows:

"The following terms as used in this title shall, unless the context clearly indicates otherwise, have the respective meanings herein set forth:

Animal exhibition means any property where one (1) or more animals are exposed to public view for entertainment, instruction or advertisement, including animal acts. Activities conducted primarily for the instruction or entertainment of the participants for which no public admission is charged, are excluded.

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

Board means the Board of Supervisors of the County of Orange.

Business means any business, trade, occupation, practice or profession.

Commercial means operated or carried on primarily for financial gain.

Commercial manure dealer means any person, firm or corporation who, for a fee, gathers, collects, hauls, stockpiles, and spreads or sells any manure or manure-like substance.

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

County means the County of Orange.

Established place of business means the place where any person, firm or corporation conducts any retail or other establishment having a permanent address and being regularly open for business from day to day during ordinary business hours.

Garbage means all animal and vegetable refuse or residue from kitchens, canneries, bakeries, restaurants, lunch stands, meat, fish, fruit or vegetable markets and other food handling places, and all household waste or residue that shall result from the preparation or care for or treatment of foodstuffs resulted to be used as food, or shall have resulted from the preparation or handling of food for human consumption or any decayed and unsound meat, fish, fruit and vegetables.

Grooming parlor means any premises where animals are groomed, brushed, clipped or bathed on a commercial basis.

Kennel means any property where four (4) or more dogs, or four (4) or more cats, over the age of four (4) months, are kept or maintained for any purpose, except veterinary clinics and hospitals, and except property for which an animal permit has been issued pursuant to section 4-1-76.

Pecuniary compensation means any commission, fee, gratuity, hire, profit, reward, or any other form of consideration.

Person means both the singular and the plural, and shall also mean and include person, individual, firm, corporation, co-partnership, association, club, society or any other organization.

Pet shop means any person or facility engaged in the sale or trade of live animals, including fish, birds and reptiles, on a commercial basis.

Sheriff or Sheriff-Coroner means the Sheriff-Coroner of the County of Orange or his or her designated representative.

Show means a carnival, tent show or show in the open air, or in a hall or building not specifically constructed for theatrical purposes, wherein carnivals, circuses, dog or pony shows, dramatic, musical or theatrical performances are given to audiences not exceeding two thousand five hundred (2,500) persons."

(Ord. No. 1340, Sec. 1, 7-17-07; Ord. No. 1350, Sec. 1, 5-6-08)

Section 5-1-29 of Article 2 of Division 1 of Title V of the Codified Ordinances of Orange County shall be amended to read as follows:

"It shall be unlawful for any person, firm or corporation to engage in, conduct, manage or carry on animal exhibitions, animal rental establishments, commercial stables, grooming parlors, kennels, or pet shops within the City of Tustin for animal care services without first having obtained a permit or license from the County in accordance with Divisions 2 and 3 of this title."

(Ord. No. 1340, Sec. 1, 7-17-07; Ord. No. 1350, Sec. 1, 5-6-08)

Section 5-2-1 of Article 1 of Division 2 of Title V of the Codified Ordinances of Orange County shall be amended to read as follows:

"All licenses or permits issued pursuant to this title shall be issued by the issuing officer, who, in the case of license or permits for animal exhibitions, animal rental establishments, kennels, grooming parlors, commercial stables, and pet shops shall be the County Health Officer, and in all other cases shall be the Sheriff, unless otherwise specified."

(Ord. No. 1340, Sec. 1, 7-17-07; Ord. No. 1350, Sec. 1, 5-6-08)

Section 5-2-3 of Article 1 of Division 2 of Title V of the Codified Ordinances of Orange County shall be amended to read as follows:

"The Board of Supervisors shall provide by resolution the amount of each fee to be charged for each application, license or permit. Such fee shall be payable in accordance with the resolution and shall not be refundable."

(Ord. No. 1340, Sec. 1, 7-17-07; Ord. No. 1350, Sec. 1, 5-6-08)

(a) Any person who violates any provisions of this Chapter 2, Article 4 shall be guilty of an infraction, except as otherwise provided in subsections (b), (c), and (d) below;

(b) Any person who violates any provision of Sections 4-1-48, 4-1-51, or 4-1-95 of Division 1 of Title IV the Codified Ordinances of Orange County is guilty of a misdemeanor. Moreover, any person who violates any other provisions of Division 1 of Title IV the Codified Ordinances of Orange County and the violation occurs within one (1) year of the occurrence of two (2) separate violations of this division by that person is guilty of a misdemeanor.

(c) Failure to register as a commercial manure dealer as provided in Article 14 of Division 3 of Title V of the Codified Ordinances of Orange County shall constitute a misdemeanor punishable, upon conviction thereof, by a fine not exceeding five hundred dollars ($500.00) or one hundred (100) days imprisonment in the County Jail, or by both such fine and imprisonment.

(d) Barking dog civil fines. Fines for violating the provisions of Subarticle 1 of Article 2 of Division 1 of Article IV of the Codified Ordinances of Orange County shall be as follows:

(i) Fine for first barking dog violation citation issued (per citation) .....$250.00

(ii) Fine for second barking dog citation within same twelve-month period (per citation) .....$275.00

(iii) Fine for third barking dog citation within same twelve-month period (per citation) .....$303.00

(iv) Fine for fourth barking dog citation within same twelve-month period (per citation) .....$333.00

(v) Fine for fifth barking dog citation within same twelve-month period (per citation) .....$366.00

(vi) Fine for sixth and subsequent barking dog citations issued within same twelve-month period (per citation) .....$403.00

In the event that a fine imposed under the authority granted by said Subarticle 1 of Article 2 of Division 1 of Article IV remains unpaid for fifteen (15) days after it is due and payable pursuant to Section 4-1-59.7 of the Codified Ordinances of Orange County, an amount equal to the fine shall be added as a late penalty and the late penalty and fine shall become due immediately. If a Hearing Officer upholds the issuance of a citation in an administrative hearing, the late penalty will be assessed if the fine is not paid as required at the conclusion of the hearing, or other time for payment determined by the Hearing Officer. Failure to timely remit payment of a citation fine and/or late penalty authorized pursuant to said Section 4-1-59.7 will result in criminal liability and a warrant may be issued for a violator's arrest. Nonpayment of such fine and/or late penalty shall be a misdemeanor punishable by a fine of not more than one thousand dollars ($1,000) or by imprisonment in the County jail for a period of not more than six (6) months or by both such fine and imprisonment.

(Ord. No. 1340, Sec. 1, 7-17-07; Ord. No. 1350, Sec. 1, 5-6-08)

The repeal of ordinances or parts of ordinances effectuated by the enactment of this Chapter shall not be construed as abating any actions now pending under or by virtue of such ordinances or as discontinuing, abating and modifying or altering any penalty accrued or to accrue or as affecting the liability of any person, firm or corporation or as waiving any right of the municipality under any section or provisions existing at the time of the passage of this Chapter.

(Ord. No. 1340, Sec. 1, 7-17-07; Ord. No. 1350, Sec. 1, 5-6-08)

The fee schedule for animal shelter and animal control services shall be established by resolution of the City Council as adopted from time to time.

(Ord. No. 1340, Sec. 1, 7-17-07; Ord. No. 1350, Sec. 1, 5-6-08)