Loading...
5138FOLLOWS: i ORDINANCE NO. 5138 AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING CHAPTER 8.08 OF TITLE 8 OF THE ANAHEIM MUNICIPAL CODE AND ADOPTING A NEW CHAPTER 8.08 OF TITLE 8 PERTAINING TO ANIMAL CONTROL, WELFARE, AND LICENSE REQUIREMENTS THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS SECTION 1. That Chapter 8.08 of Title 8 of the Anaheim Municipal Code be, and the same is hereby, repealed. SECTION 2. That new Chapter 8.08 of Title 8 be, and the same is hereby, added to the Anaheim Municipal Code to read as follows: "CHAPTER 8.08 ANIMAL CONTROL, WELFARE AND LICENSE REQUIREMENTS 8.08.010 ANIMAL REGULATIONS .010 Definitions For the purposes of this chapter the following words, terms and phrases shall have the following meanings: (a) Animal: Any vertebrate creature, domestic or wild, including but not limited to the following categories: (1) Dog: Any Canis familiaris, over four (4) months of age. (2) Puppy: Any Canis familiaris, under four (4) months of age. (3) Cat: Any Felis catus, over four (4) months of age. (4) Kitten: Any Felis catus, under four (4) months of age. (b) Animal exhibition: Any display containing one (1) or more animals which are exposed to public view for entertainment, instruction or advertisement, excluding fairs, livestock shows, rodeos, purebred dog and pedigreed cat shows, obedience trials and competitions, field trials, and any other fair or exhibition intended to advance agricultural arts and sciences. A (c) Animal menagerie: A place where wild and/or exotic animals are kept or maintained. (d) Commercial: Operated or carried on primarily for financial gain. (e) Commercial breeder: 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. (f) Commercial exhibitor: 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. (g) Commercial kennel/cattery: Any person maintaining for profit an establishment where animals of any species are kept for the purpose of breeding, buying, selling, grooming, boarding, or exhibiting such animals, or engaged in the training of dogs. (h) Commercial stable: Any property where equines (i.e. horse, donkey, mule, burro) are sheltered or fed on a commercial basis, or any place that regularly buys, sells, or trains such animals, including, but not limited to, a race track, trotting track or rodeo. (i) Dealer: 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. (j) Grooming parlor: Any place where animals are groomed, clipped, bathed, or otherwise conditioned as pets and/or for show in exchange for a fee, except as a service offered by commercial or service kennel and cattery. (k) Person: Any individual, business, partnership, joint stock company, corporation, association, trust, estate or other legal entity owning, harboring, or keeping animals within the City. (1) Pet shop: Any person or facility engaged in the sale or trade of live animals on a commercial basis. (m) Private exhibitor: 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. 052590 2 i (n) Private kennel: Any property, building or structure where four (4) or more dogs or four (4) or more cats over the age of four (4) months are kept or maintained solely for the pleasure and enjoyment of the owner. (o) Stray: Any animal not on its owners premises and which is wandering unleashed, lost, or unattended and the owner of which cannot be found. (p) Vicious animal: Any animal which has a propensity to attack persons or other animals without provocation. .020 Responsibility for Administration The License Collector is hereby charged with the administration of this Chapter 8.08. .030 Rules and Regulations The License Collector may make rules and regulations not inconsistent with the provisions of this chapter as may be necessary or desirable to aid in the enforcement of the provisions of this chapter. Said rules and regulations shall be in writing and filed in the office of the License Collector. .040 Enforcement (a) The License Collector and Code Enforcement Manager shall have the duty of enforcing the provisions of this title. The License Collector, the Code Enforcement Manager, and Orange County Animal Control Director and each of their deputies are hereby authorized and empowered to verify compliance with the provisions of this Chapter and are authorized, pursuant to California Penal Code Section 836.5 to arrest persons and to prepare, issue and deliver to any such arrested person, written notice to appear in court for any violation or violations of this chapter. Nothing in this section is intended to or shall operate to change or shall have the effect of changing, the status of the License Collector and Code Enforcement Manager or their deputies from a public or miscellaneous officer or employee to an individual peace officer or safety member for purpose of retirement, worker's compensation or similar injury or death benefits, or any other employee benefits to which said office or employee would not have been entitled as a public employee prior to adoption of this section. 052590 3 i (b) The License Collector, Code Enforcement Manager, Orange County Animal Control Director and their deputies, within the legal constraints of the law, shall have the right to enter upon and inspect any public or commercial property where animals are being kept for the purpose of examining or capturing any animal thereon. Any person who denies, prevents, or obstructs such access to such premises is in violation of this chapter. (c) 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 duties. .050 Record Keeping All fees, penalties and other monies received by the License Collector pursuant to the provisions of this chapter, shall be deposited in the General Fund of the City of Anaheim upon the business day next following the receipt of the same. The License Collector shall keep full, adequate and accurate records pertaining to the issuance of licenses or permits under this chapter and the collection of all fees, penalties and other monies in connection therewith. 8.08.020 DOG LICENSING .010 Licenses Required No person shall own or have in custody or control any dog, male or female, over the age of four (4) months, within the City for more than thirty (30) days without at all times having upon such dog a collar or harness to which shall be securely fastened a tag as provided in this chapter. The tag shall be obtained from the License Collector after providing such information as required by the License Collector and shall be inscribed with a serial number on the tag. .020 Vaccination of Dogs Every owner of a dog over four (4) months of age shall cause such dog to be vaccinated with an anti -rabies vaccine approved by the State of California Department of Health Services. Revaccination shall be made at such intervals of time as may be prescribed by the State of California Department of Health Services. Compliance with the provisions of this section shall be a condition to issuance or renewal of dog licenses. .030 License Fees The fee for the dog license shall be established by resolution of the City Council and shall indicate the license fee 052590 4 I for an unaltered and altered dog. A dog shall be considered altered if the spaying or neutering is verified by a certificate from a licensed veterinarian. .040 License Fee Exemptions No license fee or tax shall be required for the issuance of a license for any dog owned: (a) As a pet of a blind person, or certified as being duly and properly trained to aid or assist blind persons when such dog is actually being used by a blind person for the purpose of aiding or assisting such blind person. (b) Dogs honorably discharged from the Armed Forces of the United States. (c) Dogs used in crime detection or apprehension by a law enforcement agency. (d) Dogs housed in a duly licensed pet shop prior to sale. The License Collector shall issue dog license tags free of charge to owners having custody and control of such dogs, provided the owner submits a valid anti -rabies vaccination certificate. .050 Issuance of License Upon payment of the license fee and the presentation of a valid certificate of vaccination by a duly licensed doctor of veterinary medicine, the License Collector shall issue a license stating the name and residence of the person to whom the license is issued, the amount paid, the date of issuance and expiration thereof, the date of expiration of the vaccination, and a description of the dog for which such license is issued. .060 Metal Tags With each dog license the License Collector shall issue a metal tag bearing an identifying number and the words "City of Anaheim Animal License." Each dog shall wear the metal tag issued for it at all times. It shall be unlawful for any person to attach a metal tag issued pursuant to this section to any dog other than the dog for which is was issued. .070 License Period The term of any dog license issued hereunder shall commence on the date of the issuance of the license and shall terminate a minimum of six (6) months to a maximum three (3) years 052590 5 i or the life of the rabies inoculation. An innoculation that expires during a month shall be licensed through the end of the prior month. Dog licenses shall be renewed upon expiration. When a license is renewed after the expiration date, the new license period shall begin on the expiration date of the previous period. .080 License Records The License Collector shall keep on file, records for all dog licenses that are issued. The records shall include: (a) A description of the dog; (b) Owner's name, address and telephone number; (c) Duration of license; and (d) Duration of rabies inoculation. .090 License Tag Replacement In case of loss or destruction of any tag required by the provisions of this chapter, a duplicate shall be issued by the License Collector upon request and upon payment of a fee established by the City Council by resolution. .100 Exhibiting of Receipt or Tag Required No person owning or having in his control any dog subject to license under this chapter shall refuse to show upon demand to the License Collector, Code Enforcement Officers, Orange County Animal Control Officer or any Police Officer, the city dog tax receipt or license tag for any duly registered dog. .110 Veterinarian Responsibilities Every veterinarian who vaccinates or causes or directs to be vaccinated in the City, any dog with anti -rabies vaccine shall use a form provided by the License Collector to certify that such animal has been vaccinated. Every veterinarian shall submit to the License Collector a copy of the City -approved anti -rabies vaccination form, within ten (10) days of the beginning of each month, for any dog which he or she vaccinates or directs to be vaccinated with anti -rabies vaccine during the previous month. .120 Deferment The vaccination requirement for rabies shall not apply to a dog if a licensed veterinarian has examined the dog and certified at such time that rabies vaccine may endanger the dog's 052590 6 I health because of its age, infirmity, debility or other physiological considerations, and said dog is kept in the house or in a fenced yard adequate to confine the animal at all times. The deferment shall be valid only during the period that vaccination would endanger the dog's health as said period is shown by the certificate of a licensed veterinarian. 8.08.030 CAT REGISTRATION .010 Cat Registration Certificates The obtaining of cat registration certificates shall be optional on the part of the owner. The License Collector shall make registration certificates available to the owners of cats. Upon application therefor, a registration certificate shall be issued stating the name and address of the person to whom the certificate is issued, the date of issuance, a description of the cat for which the certificate is issued, and the number of the metal tag accompanying the certificate. The City Council, by resolution, shall establish the cat registration fee. .020 Registration Tags With each registration certificate the License Collector shall issue a registration tag bearing an identifying number. In the event it is necessary to issue a duplicate tag, a fee as set forth in the schedule of fees established by resolution of the City Council shall be chargeable to the owner. .030 Registration Period A registration certificate issued by the License Collector shall be valid for a period of five (5) years from the date of issuance. .040 Certificate Registry The License Collector shall maintain records of all cat registration certificates, together with a description of the cat for which each certificate is issued. 8.08.040 VACCINATION AND RABIES CONTROL .010 Display of Certificate No person who owns or harbors any dog shall fail or refuse to exhibit his or her copy of the rabies certificate or anti -rabies inoculation deferment form upon demand of any person charged with the enforcement of this chapter. 052590 7 A .020 Stolen or Counterfeit Certificates No person shall make use of or have in his or her possession, a stolen, counterfeit or forged vaccination certificate. .030 Suspected Rabies; Reporting Any person having knowledge of the whereabouts of an animal known to have or suspected of having rabies, shall report the facts immediately to the Orange County Animal Control Agency. In those areas declared by the Director of the State of California Department of Health Services to be regarded as rabies areas (Section 1901.2, California Health and Safety Code), the Orange County Health Department shall be notified when any person is bitten by an animal of a species subject to rabies, whether or not the animal is suspected of having rabies. .040 Knowledge of Bite; Duty to Report Whenever a person owning or having charge, care, control, custody, or possession of any animal has knowledge that such animal has bitten any person, the person owning or having charge, care, control, custody or possession of such animal shall report said fact to the Orange County Animal Control Agency. .050 Quarantine of Animals Upon receipt of a report that a person has been bitten or is otherwise exposed to an animal of a species subject to rabies (all warm-blooded animals), the Orange County Animal Control Agency, at its discretion, shall have such animal isolated in strict confinement under proper care and observation of a licensed veterinarian in a veterinary hospital or other adequate facility. The animal shall be observed for at least fourteen (14) days (dogs and cats ten (10) days) after the date of the bite, with the following exception: Dogs and cats may be released after five (5) days of veterinary observation if the observing veterinarian certifies that there are no clinical signs or symptoms of disease. Costs of quarantining an animal shall be the responsibility of the owner. .060 Laboratory Examinations of Rabid Animals If any rabid animal, clinically suspected rabid animal, or biting animal dies or has been killed, adequate specimen shall be obtained and examined in an approved public health laboratory. No person shall destroy or allow to be destroyed, the brain of an animal of a species subject to rabies that has bitten or otherwise exposed a person, before the destruction of such brain has been authorized by the Orange County Health Department. 052590 8 i .070 Animal Contact Any animal of a species subject to rabies which has been bitten by a known or suspected rabid animal or has been exposed by contact with a rabid or suspected rabid animal shall be quarantined in a place and manner approved by the Orange County Animal Control Agency for a period of six (6) months, or destroyed, with the exception that the following alternative is permitted in the case of dogs and cats: If the dog or cat has been vaccinated against rabies within two (2) years, but not less than thirty (30) days with a canine live -virus rabies vaccine, or within one (1) year but not less than thirty (30) days with a canine killed -virus rabies vaccine, the dog or cat may be revaccinated in a manner prescribed and quarantined in a place and manner approved by the Orange County Health Officer for a period of thirty (30) days. .080 Removal of Animals from Quarantine No owner or person, either by himself or herself or through his or her agent, shall remove from any place of isolation or quarantine any animal which has been isolated or quarantined without the consent of the Orange County Health Department. .090 Destruction of Rabid Animals If upon examination, the Orange County Animal Control Agency determines that any animal is afflicted with rabies, the Agency may cause such animal to be immediately destroyed in a humane manner; provided, however, when any animal shall be known to have bitten, scratched or otherwise expose a person or animal to rabies, such animal shall be quarantined for such time as may be prescribed by law. 8.08.050 ANIMAL SHELTER AND IMPOUNDMENT .010 Animal Shelter For the purpose of this section references to the City animal shelter shall be deemed to refer to the Orange County Animal Shelter located at 561 City Drive South, Orange, California. .020 Impoundment The Orange County Animal Control Agency is hereby authorized to take into custody and impound any animal found in violation of this chapter, and shall place all such animals taken into custody, in the City animal shelter if the owner cannot be, upon initial contact, identified and contacted and the animal returned home. 052590 9 .030 Retention of Animal without Consent No person shall take possession of any animal found running at large without notifying the Orange County Animal Control Agency within four (4) hours after receiving possession, giving a full description of the animal and the address and phone number of the place where the animal may be found. Such person shall, upon the request of the Orange County Animal Control Agency surrender such animal. .040 Licensed Animals; Period of Impoundment (a) Animals wearing current valid license tags, impounded pursuant to this chapter, shall be held for redemption by the owner and not be declared abandoned unless: (1) The person whom the current tag for such animal was issued so directs; or (2) Nine (9) calendar days including Sundays but not holidays have elapsed since such person was notified of his or her animal's whereabouts by telephone; or (3) Nine (9) calendar days including Sundays but not holidays have elapsed since notification, first class postage fully paid, addressed to such person at his or her last known address and informing such person of the whereabouts of his or her animal, has been delivered in the United States mail. (b) Animals bearing tattoos or wearing identification of any type shall be deemed licensed for the purpose of the ten (10) day holding period, and all efforts shall be made to locate and notify the owners. (c) At the end of the nine (9) calendar days (including Sundays, but not holidays) period, animals not claimed by their owners may be declared abandoned and may be placed for adoption or disposed of in a humane manner according to law. .050 Unlicensed Animals; Period of Impoundment Impounded animals not bearing identification of any type may be deemed unlicensed and shall be held in custody for a period of four (4) calendar days. At the end of the prescribed period, unlicensed animals not claimed may be declared abandoned and may be placed for adoption or disposed of in a humane manner according to law. 052590 10 A .060 Redemption of Animals Licensed animals may be redeemed by the owner or his or her authorized agent upon payment of the impoundment fees, care and feeding charges, and any veterinary costs as established by the Orange County Board of Supervisors or the Anaheim City Council. Unlicensed animals may be redeemed by the owner upon payment of the impoundment fee, care and feeding charges, any veterinary costs, and upon proof of rabies vaccination. Such animals shall be subject to the license requirements contained in this chapter. Any person claiming ownership of any impounded animal shall be required to present proof of ownership satisfactory to the Orange County Animal Control Agency or as established by the Orange County Board of Supervisors or the Anaheim City Council. .070 Adoption of Unredeemed Animals Any impounded animals that are not redeemed within the prescribed period of time may be considered abandoned and placed for adoption. Animals may be adopted by private individuals upon payment of a placement fee and rabies vaccination fee, established by the Orange County Board of Supervisors or the Anaheim City Council. Adopted animals shall be subject to the license requirements of this chapter. .080 Records of Impounded Animals The Director of the Orange County Animal Control Agency shall keep a record of each animal impounded, the date of receipt of such animal, the date and manner of its disposal, and if redeemed, reclaimed or adopted, the name of the person by whom redeemed, reclaimed or adopted, the address and telephone number of such person, and the amounts of all fees received or collected for, or because of the impounding, reclaiming or adoption thereof, together with the number of any license tag. .090 Research and Vivisection No animal may be donated or sold for the purpose of research or vivisection. 8.08.060 COMMERCIAL ESTABLISHMENTS .010 Permit Required No person shall conduct or operate within the City, any commercial breeding or boarding kennel or cattery, commercial aviary, pet shop, grooming parlor, commercial stable, riding academy, pony ride, guard dog and/or sentry dog service, zoo, animal menagerie, animal exhibition, rodeo, circus, pet show, 052590 11 i miscellaneous animal reptile establishment, or operate as an animal dealer, without first obtaining an Anaheim City Business License pursuant to Title 3 of this Code and a permit from the License Collector. For the purpose of this section, guard dog and/or sentry dog services located outside the City, but providing service within the City on a regular basis, shall be included. .020 Fee The fee for a permit required by the provisions of this chapter shall be set by resolution of the City Council and shall be paid to the License Collector before a permit is issued. Thereafter, unless otherwise provided, each fee shall be paid annually in accordance with such resolution. .030 Investigation The License Collector or designee shall determine the maximum number of animals to be maintained under the permit and shall conduct an inspection of the intended business location and facilities and prepare a report for inclusion with the application for an original permit or a renewal. A permit may be issued to the applicant if the License Collector finds that: (a) The keeping of the animals, or the conduct or operation of the business for which the permit is requested and at the place set forth in the application, will not violate any law or ordinance of this City, or any law of the State; and (b) The keeping of the animals or the conduct or operation of the business for which the permit is requested, will not endanger the health, peace or safety of the community; and (c) The premises and establishment where animals are to be kept are in a clean and sanitary condition, and that animals will not be subject to suffering, cruelty or abuse; and (d) The applicant has not had a similar permit revoked within six (6) months prior to the application. .040 Duration of Permit Permits issued under the provisions of this section shall expire on the date specified by the License Collector. The permit may be revoked or suspended for cause in accordance with this chapter prior to the expiration date. The permit also becomes void if the holder thereof changes the location of his or her place of business or sells, assigns, transfers or otherwise disposes of such business or his interest therein for a period of thirty (30) days or more. 052590 12 .050 Renewal Each permit issued under this chapter shall be renewed within thirty (30) days after the expiration thereof. .060 Revocation or Suspension of Permit Any permit issued under the provisions of this section may be revoked or suspended if the License Collector or designee finds: (a) That the permittee, his agent or employee, has been convicted of any offense involving the violation of Sections S96, S97, S98, S99 of the Penal Code of the State of California, or of any provision of this chapter; or (b) That the permittee, his agent or employee, has at the place for which the permit was issued, failed to provide any animal in his possession care or control with proper and sufficient food, drink, shelter or protection, or subjected any such animal to suffering, cruelty or abuse; or (c) That the permittee, his agent or employee, failed to maintain the premises in a clean and sanitary condition; or (d) That the permittee, his agent or employee, has violated any rule or regulation made pursuant to the provisions of this chapter; or (e) That the permittee has falsified information on the permit application. If a license has been denied or revoked for cause, the License Collector shall not accept a new application by the same person for the same activity at the same location less than six (6) months after such denial or revocation, unless the applicant affirmatively shows by inspection and/or investigation, that the grounds upon which the first application was denied or the permit was revoked no longer existed. On revocation of a permit, no part of the fee is refundable. .070 Display of Permit All permits under the provisions of this section shall be displayed in a conspicuous place on the permittee's premises. .080 Animal Records The person operating a commercial kennel or grooming parlor shall keep available for inspection on the premises, a record that shall show the name, current address and telephone number of the owner of each animal kept at the kennel or parlor, the date such animal entered the kennel or parlor, the reason for OS2590 13 i such animal being kept at the kennel or parlor, the description of the animal, including age, name, breed, sex, and color, and the name of a veterinarian approved by the owner. .090 Commercial Kennels; Numbers of Animals At any time there are more animals than a kennel or cattery permit allows, the person operating such kennel or cattery must obtain a new permit allowing the keeping of the greater number of animals. .100 Rules and Regulations The License Collector or designee may, in the rules and regulations promulgated pursuant to this chapter, establish reasonable standards requiring any place for which a permit is granted to be maintained in a clean, sanitary and humane condition. A copy of such rules and regulations shall be furnished to each applicant for a permit on the filing of the application. .110 Emergency Information Each commercial establishment shall have posted in such a place as to be legible from the exterior of the building, names, addresses, and telephone numbers of persons to be notified in case of emergency. .120 Humane Animal Care Every person who owns, conducts, manages or operates any commercial animal establishment for which a permit is required, shall comply with each of the following conditions: (a) No dog or cat under the age of eight (8) weeks shall be brought or shipped into the City for purpose of resale, and no such dog or cat shall be offered for sale by any pet shop or dealer. (b) Every puppy or kitten offered for sale must be examined by a state 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. (c) Every puppy or kitten offered for sale shall have been vaccinated against distemper by a state licensed veterinarian and the date and treatment must be provided to the purchaser at the time of sale. (d) No animal shall be transported by a commercial kennel, pet shop, or dealer, whether by private or public means, unless housed in a container designed for that purpose including provisions for adequate ventilation and food and water. 052590 14 i (e) No animals shall be without attention more than eighteen (18) consecutive hours. (f) Every reasonable precaution shall be used to insure that animals are not teased, abused, mistreated, annoyed, tormented, or in any manner made to suffer by any person or means. (g) Every animal establishment shall isolate sick animals sufficiently so as not to endanger the health of other animals. (h) Every building or enclosure wherein animals are maintained, shall be constructed of material easily cleaned and shall be kept in a sanitary condition. The building shall be properly ventilated to prevent drafts and to remove odors. Heating and cooling shall be provided as required, according to the physical needs of the animals, with sufficient light to allow observation of animals and sanitation. (i) Any animal shall be taken to a veterinarian for treatment if the Orange County Animal Control Agency finds this is necessary in order to maintain the health of the animal and orders the owner or custodian to do so. (j) All animal rooms, cages, kennels, shopping containers, and runs shall be of sufficient size to provide adequate and proper accommodations and protection from the weather for the animals kept therein. As a minimum, sufficient space must be provided for every animal within an enclosure to separately and together, stand up, lie down, and turn around in a natural position. (k) No animals bearing evidence of malnutrition, ill health, unhealed injury or having been kept in an unsanitary condition shall be displaced to the public. 8.08.070 PRIVATE ESTABLISHMENTS .010 Permit Required No person may maintain a private kennel, aviary or stable on any property without first obtaining a permit for a private kennel, aviary or stable from the License Collector. Any person desiring to obtain such a permit must file an application on a form provided by the City with the License Collector or his/her authorized representative containing such information as the License Collector shall require. 052590 15 a .020 Permit Issuance The License Collector or designee may, after inspection of those animals and facilities for which the private kennel/aviary/stable permit is requested, and after review of any received community input, or other related information pertaining to the operation of the private kennel, aviary or stable, issue such permit and determine the number of the animals to be maintained under that permit. The License Collector may issue a permit to the applicant, if he/she finds that all of the following conditions have been satisfied: (a) The keeping of animals in the manner and at the place set forth in the application will not violate any law or ordinance of the City or any law of the State. (b) The keeping of animals will not endanger the health, peace, or safety of the community; (c) The premises and establishment where animals are to be kept are in a clean and sanitary condition, and the animals will not be subject to suffering, cruelty or abuse; (d) The applicant has not had a similar permit revoked within six (6) months prior to the application; (e) The applicant has not been involving the violation of the California Penal Code, chapter; convicted of any offense Section 5961, 597 and 598 of or any provisions of this (f) The applicant has, at no time, failed to provide any animal in his/her possession, care or control with appropriate certification or licenses and sufficient food, drink, shelter or protection, or subjected any animal to suffering, cruelty or abuse; and (g) Such other conditions as are consistent with the intent of this chapter and as are deemed appropriate by the City of Anaheim. If the License Collector finds that one (1) or more of the conditions set forth above are not satisfied, he/she shall deny the permit. A decision of the License Collector to grant or deny a permit may be appealed by the applicant or any other aggrieved person, as outlined in the appeal process set forth in this chapter. 052590 16 A .030 Duration of Permit Permits issued under the provisions of this section shall expire on the date specified by the License Collector. The permit may be revoked for cause in accordance with this section prior to the expiration date. The private kennel/aviary/stable permit is valid only for operation and maintenance of a private kennel/aviary/stable at the property where the permit was initially issued and shall be void upon the transfer of the private kennel/aviary/stable to another property. .040 Renewal Each permit issued under this chapter shall be renewed within thirty (30) days after the expiration thereof. .OSO Numbers of Animals At any time there are more animals than a private kennel/aviary/stable permit allows, the person operating the private kennel/aviary/stable must obtain a new permit providing for the keeping of a greater number of animals. .060 Fee The applicant for a private kennel/aviary/stable permit shall pay a non-refundable permit fee, as established by the City Council by resolution to cover the cost of processing the permit application, and shall also pay the license fees for each animal maintained in the private kennel, aviary or stable. .070 Notices At least five (S) days prior to the date upon which the application for a private kennel/aviary/stable permit is to be acted upon, the City Clerk shall cause notice of the application and pending decision date for the private kennel/aviary/stable permit to be published in a newspaper of general circulation. .080 Animal Records Any person who has obtained a private kennel/aviary/stable permit pursuant to this section shall keep available for inspection his/her permit and a record of the animals for which the permit has been issued, by name, breed, sex, color and age. In addition, at the time he/she files an application for a permit with the License Collector, the applicant shall also provide the name, address and telephone number of a person residing at a different address from that of the applicant who can be contacted in case of an emergency to assume the care of the animals for which the permit has been issued. OS2S90 17 A .090 Revocation of Permit Any private kennel/aviary/stable permit issued under the provisions of this section may be revoked if the City of Anaheim finds: (a) That the permittee or his/her temporary agent has been convicted of any offense involving the violation of Section 596, 597 or 598 of the California Penal Code, or any provisions of this chapter; or (b) That the permittee or his/her temporary agent has failed to provide any animal in his/her possession, care or control with appropriate certification or licenses and sufficient food, drink, shelter or protection, or subjected any animal to suffering, cruelty or abuse; or (c) That the permittee or his/her temporary agent has failed to maintain the premises where the animals subject to the permit are kept in a clean and sanitary condition; or (d) That the permittee or his/her temporary agent has violated any rule or regulation made pursuant to the provisions of this section; or (e) That the permittee has falsified information on the permit application; or (f) That the permittee or his/her temporary agent has arranged for the wholesaling of any animal, or its sale to laboratories for experimentation; or (g) That the permittee or his/her temporary agent has operated or maintained his/her kennel, aviary or stable in such a manner as to violate any noise, nuisance, restraint or license ordinance in the City of Anaheim; or (h) That the permittee or his/her temporary agent has located a lost or stolen animal, has taken possession of such animal, and has willfully failed to notify known owners as to the whereabouts of their lost or stolen animal or has failed to check for identification marks on such animal such as registered tattoos, or has refused to return a duly identified animal to its rightful owner; or (i) That the permittee or his/her temporary agent has failed to comply with a State or local mandatory vaccination or neutering provision or has failed to implement any other mandatory birth control measure for any animal prior to its release to new owners. 052590 18 A In the event that any permit issued pursuant to the provisions of this section has been revoked, the permittee shall be granted a reasonable period of time in which to place or remove all animals lawfully licensed and maintained under the provisions of this section. However, upon revocation of his/her permit, the permittee may continue to harbor/maintain dogs, cats and/or birds in numbers that do not require issuance of a private kennel/advisory/stable permit. On revocation of a permit, no part of the permit fee is refundable. Any permittee whose permit has been revoked by the City of Anaheim pursuant to this section may file an appeal as prescribed under the appeal process provisions of this chapter. .100 Subsequent Permit Applications If a private kennel/aviary/stable permit has been denied or revoked for cause, the License Collector shall not accept a new application for the same activity at the same location or an application by the same applicant at a different location less than six (6) months after such denial or revocation, unless the applicant affirmatively shows that the grounds upon which the application was denied or the permit revoked, no longer exist. 8.08.080 ANIMALS AT LARGE (RESTRAINTS) AND PUBLIC NUISANCE .010 Animal Restraint No person owning or having charge, care or custody of any dog shall cause, or allow the same to run at large upon any highway, street, alley, or other public place, or upon any private property or premises other than his own without written consent of the owner or lessee of such land, unless such dog is restrained by a substantial leash, not to exceed six (6) feet in length, and in the charge of a person competent to restrain such dog. .020 Property Damage (a) No person owning or having charge, care or custody of any animal, shall permit such animal to damage or destroy the property of any person other than that of the owner of such animal. (b) Parkways comprising the area between the street and sidewalk shall be included as private property for the purpose of this chapter. .030 Female Dogs During Breeding Period During the breeding period, female dogs shall be confined in a building or secure enclosure in such a manner that they cannot come into contact with other animals, except for planned breeding. 052590 19 .040 Wild Animals to be Confined No person owning or having charge, care or custody of any wild animal or operating any wild animal establishment, shall fail, refuse or neglect to keep all wild animals under proper confinement on the premises, or cause, permit, suffer or allow any wild animal to be or run at large, nor shall any such person maintain any wild animal on or within any premises in such manner as to endanger the life or limb of any person lawfully entering such premises. .050 Tying Animals to Trees No person shall tie any animal to any shrub or tree growing along any public sidewalk or street of the City. .060 Animal Noises Prohibited It shall be unlawful for any person to keep, maintain or permit on any lot, parcel of land or premises under his/her control, any animal, which by any sound or cry shall disturb the peace and comfort of the inhabitants of the neighborhood or interfere with the reasonable and comfortable enjoyment of life or property. .070 Dog Defecation to be Removed by Owners It shall be unlawful for the owner or person having custody of any dog to fail to immediately remove and dispose of in a sanitary manner, by placing in a closed or sealed container and depositing in a trash receptacle, any feces deposited by such dog upon public or private property, without the consent of the public or private owner or person in lawful possession of the property, other than property owned or controlled by the owner or person having custody of such dog. The provisions of this subsection shall not apply to a blind person being accompanied by a guide dog. Notwithstanding any other provision of this Code, every violation of any of the provisions of this section shall be an infraction, punishable by a fine of $50.00. 8.08.090 VICIOUS ANIMALS .010 Dangerous Animals at Large It shall be unlawful for any person owning or having possession, custody, charge or control of animals known by such person to be dangerous to cause or permit such animals to run loose about said person's premises in a manner endangering any person lawfully entering such premises, or cause or permit the animal to be unrestrained upon or about any public street, sidewalk, park, school yard, or property of other persons. 052590 20 A .020 Restraint (a) Whenever an animal suspected of being vicious is reported, the Orange County Animal Control Agency shall investigate the circumstances and, if it finds that such animal has done any of the acts or shown a disposition or propensity to do any of the acts declared to constitute a vicious animal, he shall notify the owner or harborer in writing, stating all of the facts and circumstances. (b) If the Orange County Animal Control Agency determines the animal to be vicious, it may order the owner or harborer to keep such animal within a substantial enclosure or securely attached to a chain or any other type of control which the Orange County Animal Control Agency may deem adequate under the circumstances. If such restraint is impossible or impracticable, the animal may be impounded until the owner or harborer is able to comply. (c) It shall be unlawful for an owner or harborer to fail to provide adequate restraint or control of a vicious animal as ordered by the Orange County Animal Control Agency. If, upon receiving written notification as aforesaid, the owner or harborer fails to provide adequate restraint or control of said animal as ordered by the Orange County Animal Control Agency within a reasonable time, such owner or harborer shall be liable to prosecution for violation of this section. 8.08.100 ANNEXED TERRITORY -COUNTY LICENSE ACCEPTABLE It shall not be necessary for a person who is a resident of an area at the time the area is annexed to the City or at the time the City takes control of the issuance of dog licensing, and who at said time, owns or has in his custody or control, a dog for which a license fee has been paid and a dog license issued under and by virtue of the ordinances of the County of Orange to obtain a tag for the animal as provided in Section 8.08.020; provided, however that after the effective date of an annexation or the City taking control of the issuing of dog licensing, such person shall cause the dog to have upon it a collar, harness or similar device to which shall be attached the county dog license tag or such other official indicia as is issued by the county. Such person shall be subject to all provisions of Section 8.08.020 from and after the expiration date of the County of Orange dog license. 8.08.110 CITY ZONING REGULATIONS Notwithstanding, any provision to the contrary herein contained, it is expressly ordained that the zoning regulations of the City of Anaheim covering the animal control, welfare and/or number, type, health and possession of animals shall be superior, 052590 21 and in the event of conflict with any of the provisions of this chapter, the zoning regulations shall control over the provisions of this chapter. 8.08.120 APPEAL PROCESS Any person aggrieved by a decision of the License Collector, or any other officer of the City, made pursuant to the provisions of this chapter may appeal therefrom to the City Manager within fifteen (15) days after notice thereof by filing with the License Collector a written notice of appeal, briefly stating in such notice the grounds relied upon for appeal. If such appeal is made within the time prescribed, the License Collector shall cause the matter to be set for hearing before the City Manager or his designee within thirty (30) days from the date of receipt of such notice to appeal, giving the appellant not less than ten (10) days notice in writing of the time and place of hearing. The findings and determinations of the City Manager at such hearing shall be final and conclusive. No such determination shall conflict with any substantive provision of this chapter. Within ten (10) days after such findings and determination are made, the License Collector shall give notice thereof to the appellant. 8.08.130 PENALTY FOR VIOLATION Any person violating any of the provisions of this chapter shall be deemed guilty of a criminal infraction except where this chapter specifically provides said violation is a misdemeanor. Every violation of the provisions of this chapter determined to be a criminal infraction shall, upon conviction thereof, be punishable by a maximum fine of two hundred fifty dollars ($250). Each day any such violation of any said provision of this chapter shall constitute a separate offense. Every violation of the provisions of this chapter deemed to be a misdemeanor, upon conviction thereof shall be punishable in accordance with the penalties set forth in Section 1.01.370 of this code. SECTION 3. SEVERABILITY The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence or word of this ordinance of the Code, hereby adopted, be declared for any reason 052590 22 I to be invalid, it is the intent of the Council that it would have passed all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid. SECTION 4. SAVINGS CLAUSE Neither the adoption of this ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty or the penal provisions applicable to any violation thereof. The provisions of this ordinance, insofar as they are substantially the same as ordinance provisions previously adopted by the City relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim this 19th day of June, 1990. MCOIr OF THE C,4TY ANAHEIM ATTEST: CITY CLERK OF THE CITY OF ANA IM 3632L ROF:lm 052590 23 1 CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance No. 5138 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 12th day of June, 1990, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 19th day of June, 1990, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Daly, Ehrle, Kaywood, Pickler and Hunter NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5138 on the 22nd day of June, 1990. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 22nd day of June, 1990. ate. CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 5138 and was published once in the Anaheim Bulletin on the 29th day of June, 1990. CITY CLERK OF THE CITY OF ANAHEIM