5428I
ORDINANCE NO. 5428
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
SECTIONS 8.08.010, 8.08.020, 8.08.030,
8.08.060, 8.08.070, 8.08.080, 8.08.090,
8.08.100, 8.08.120, 8.08.140, and 8.08.160 OF
CHAPTER 8.08 OF TITLE 8 OF THE ANAHEIM
MUNICIPAL CODE RELATING TO ANIMAL CONTROL,
WELFARE AND LICENSE REQUIREMENTS.
THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN
AS FOLLOWS:
SECTION 1.
That subsection 8.08.010.010 of Section 8.08.010 of
Chapter 8.08 of Title 8 of the Anaheim Municipal Code be, and the
same is hereby, amended to read as follows:
11.010 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, four (4) months of
age or over.
(2) Puppy: Any Canis Familiaris under four (4)
months of age.
(3) Cat: Any Felis Cattus, four (4) months of age
or over.
(4) Kitten: Any Felis Cattus under four (4) months
of age.
(b) Animal exhibition: Any display containing one
(1) or more animals exposed to public view for
entertainment, instruction or advertisement, excluding
fairs, livestock shows, rodeos, purebred dog and
pedigreed cat show, obedience trials and competitions,
field trials, and any other fair or exhibition intended
to advance agricultural arts and sciences.
(c) Animal menagerie: A place where wild and/or
exotic animals are kept or maintained.
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(d) Code Enforcement Manager: The Code Enforcement
Manager of the City of Anaheim, or his or her designee.
(e) Commercial: Operated or carried on primarily
for financial gain.
(f) Commercial breeder: An owner/lessor/breeder of
dogs and/or cats who is licensed to breed animals for
resale, individually or in litter lots, whether any of
the animals are also kept for personal use.
(g) Commercial exhibitor: Any person exhibiting any
animals to the public for compensation, including
carnivals, circuses and animal acts exhibiting such
animals, whether operated for profit or not.
(h) Commercial kennel or 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.
(i) Commercial stable: Any property where equines
(i.e. horses, donkeys, mules, burros) 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.
(j) 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.
(k) 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 a commercial or service kennel or
cattery.
(1) Person: Any individual, business, partnership,
joint stock company, corporation, association, trust,
estate or other legal entity.
(m) Pet shop: Any person or facility engaged in the
sale or trade of live animals on a commercial basis.
(n) Private exhibitor: Any organization sponsoring,
and all persons participating in, fairs, livestock shows,
rodeos, purebred dog and cat shows, obedience trials,
field trials, or any other fairs or exhibitions intended
to advance agricultural arts and sciences.
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(o) Private kennel: Any property, building or
structure where four (4) or more dogs or four (4) or more
cats are kept or maintained solely for the pleasure and
enjoyment of the owner.
(p) Senior citizen: Any individual who is 65 years
of age or older.
(q) Stray: Any animal not on its owner's premises
and which is wandering unleased, lost, or unattended and
the owner of which cannot be found.
(r) Vicious animal: Any animal which has a
propensity to attack persons or other animals without
provocation.
(s) Vicious dog: Any dog that, as determined by the
Code Enforcement Manager:
(1) Has attacked or bitten a person, causing death
or substantial physical injury; or
(2) Has killed or inflicted substantial physical
injury to a domestic animal, without provocation,
while off the owner's or custodian's property; or
(3) Is owned or harbored primarily or in part for
the purpose of dog fighting or is a dog trained for
dog fighting; or
(4) Has twice, within a one-year period, done any of
the following:
(A) Bitten, attacked or attempted to bite a
person; or
(B) Chased or approached a person upon the
streets, sidewalks or any public or
private property in an apparent attitude
of attack;
(5) Provided, no dog may be determined to be a
vicious dog if any such bite, threat, injury or
damage was sustained by a person who, at the time,
was committing a willful trespass upon the premises
occupied by the owner or custodian of the dog, or
was committing or attempting to commit a crime upon
the premises occupied by the owner or custodian of
the dog, or was teasing, tormenting, abusing or
assaulting the dog or who has, in the past, teased,
tormented, abused or assaulted the dog.
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(6) This definition does not apply to dogs used in
military or police work while they are actually
performing in that capacity."
SECTION 2.
That subsection 8.08.010.020 of Section 8.08.010 of
Chapter 8.08 of Title 8 of the Anaheim Municipal Code be, and it is
hereby, amended to read as follows:
11.020 Responsibility for Administration.
The Code Enforcement Manager is hereby charged with
the administration of this Chapter 8.08."
SECTION 3.
That subsection 8.08.010.030 of Section 8.08.010 of
Chapter 8.08 of Title 8 of the Anaheim Municipal Code be, and it is
hereby, amended to read as follows:
11.030 Rules and Regulations.
The Code Enforcement Manager 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
City Clerk."
SECTION 4.
That subsection 8.08.010.040 of Section 8.08.010 of
Chapter 8.08 of Title 8 of the Anaheim Municipal Code be, and the
same is hereby, amended to read as follows:
11.040 Enforcement.
(a) The Code Enforcement Manager shall have the
duty of enforcing the provisions of this title. 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 Code Enforcement Manager or his
deputies from a public or miscellaneous officer or
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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 officer or employee would not have
been entitled as a public employee prior to adoption of
this section.
(b) The Code Enforcement Manager, Orange County
Animal Control Director and his or her deputies, within
the 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."
SECTION 5.
That Section 8.08.010 of Chapter 8.08 of Title 8 of the
Anaheim Municipal Code be, and the same is hereby, amended by
adding thereto a new subsection .045, which subsection .045 shall
read as follows:
11.045 Fees.
All fees payable pursuant to the
provisions of this chapter shall be derived from the
fee schedule of the County of Orange Division of
Animal Control. Any future changes in the fee
schedule of the County of Orange Division of Animal
Control shall automatically be integrated into the
fee schedule of the City of Anaheim on the eleventh
business day after adoption by the County of Orange
and receipt of notice by the Code Enforcement
Manager and the City Clerk of the City of Anaheim,
unless the City Council rejects the changes and
directs the City Clerk to give notice of such
rejection to the County of Orange Division of Animal
Control."
SECTION 6.
That subsection 8.08.010.050 of Section 8.08.010 of
Chapter 8.08 of Title 8 of the Anaheim Municipal Code be, and the
same is hereby, amended to read as follows:
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11.050 Record Keeping.
All fees, penalties and other monies received by the
Orange County Division of Animal Control pursuant to the
provisions of this chapter shall be credited to the City
of Anaheim in accordance with the contract between the
Orange County Division of Animal Control and the City.
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 shall,
pursuant to contract with the County of Orange, be kept
by the Orange County Division of Animal Control."
SECTION 7.
That Section 8.08.020 of Chapter 8.08 of Title 8 of the
Anaheim Municipal Code be, and the same is hereby, amended to read
as follows:
"8.08.020 DOG LICENSING.
.010 Licenses Required.
No person shall own or have in custody or control
any dog, male or female, 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 Orange County Division of
Animal Control after provision of such information as
required by the Orange County Division of Animal Control
and shall be inscribed with a serial number on the tag.
.020 Vaccination of Dogs.
Every owner of a dog 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, which fee shall not
exceed the reasonable cost of providing the services for
which the fee is charged, shall be established by the
Board of Supervisors of the County of Orange, or their
lawful designee, and shall indicate the license fee for
unaltered and altered dogs. A dog shall be considered
altered if the spaying or neutering is verified by a
certificate from a licensed veterinarian. A separate
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fee, which shall not exceed the reasonable cost of
providing the services for which the fee is charged, may
be established by the Board of Supervisors of the County
of Orange or their lawful designee, for dogs owned by
senior citizens; provided, however, that such separate
fee shall be applicable to no more than one animal per
household.
.040 License Fee Exemptions.
No license fee 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 Orange County Division of Animal Control 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 Orange County Division
of Animal Control or his designee 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 Orange
Animal Control or its designee shall
bearing an identifying number. Each
metal tag issued for it at all times.
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County Division of
issue a metal tag
dog shall wear the
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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 it 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 twelve (12) months from said date.
Notwithstanding the term set forth hereinabove, the
license period shall not exceed the rabies inoculation
period indicated on a valid rabies vaccination
certificate acceptable to the California Department of
Health.
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 Code Enforcement Manager or his designee 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 orange County Division of Animal Control or
its designee 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 Code Enforcement Manager or his
officers, Orange County Animal Control officer or any
Police Officer, the city dog license receipt or license
tag for any duly registered dog.
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.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 Code
Enforcement Manager to certify that such animal has been
vaccinated.
Every veterinarian shall submit to the Code
Enforcement Manager 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 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."
SECTION 8.
That Section 8.08.030 of Chapter 8.08 of Title 8 of the
Anaheim Municipal Code be, and the same is hereby, amended to read
as follows:
"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 Code Enforcement Manager or ghis designee 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 Board of Supervisors
of the County of Orange, or their lawful designee, shall
establish the cat registration fee, which shall not
exceed the reasonable cost of providing the services for
which the fee is charged.
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.020 Registration Tags.
With each registration certificate the Code
Enforcement Manager or his designee 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 the
Orange County Board of Supervisors, or their lawful
designee, shall be chargeable to the owner; provided,
however, the fee shall not exceed the reasonable cost of
providing the services for which the fee is charged.
.030 Registration Period.
A registration certificate issued by the Code
Enforcement Manager or his designee shall be valid for a
period of (12) twelve months from the date of issuance.
.040 Certificate Registry.
The Code Enforcement Manager or his designee shall
maintain records of all cat registration certificates,
together with a description of the cat for which each
certificate is issued."
SECTION 9.
That subsections 8.08.060.010 through 8.08.060.100,
inclusive, of Section 8.08.060 of Chapter 8.08 of Title 8 of the
Anaheim Municipal Code be, and the same are hereby, amended to read
as follows:
11.010 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, 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
Code Enforcement Manager or his designee. 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, which fee shall not exceed the reasonable
cost of providing the services for which the fee is
charged, shall be set by the Board of Supervisors of the
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County of Orange, or their lawful designee, and shall be
paid to the Code Enforcement Manager or his designee
before a permit is issued. Thereafter, unless otherwise
provided, each fee shall be paid annually in accordance
with such resolution.
.030 Investigation.
The Code Enforcement Manager or his designee shall
determine the maximum number of animals to be maintained
under this 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 Code Enforcement Manager or his designee
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.
.035 Inspections.
The City of Anaheim's Code Enforcement Manager,
Orange County Health Officer and Orange County Animal
Control Director and their authorized representatives
shall have the right to enter the commercial
establishment during regular business hours for the
purpose of making reasonable inspections of animals and
the premises where animals are kept to observe and
enforce compliance with applicable laws and regulations
including, without limitation, the provisions of this
chapter. Refusal to permit a reasonable inspection
during regular business hours shall constitute grounds
for the revocation of the existing permit or denial of
issuance or renewal of a permit pursuant to this section.
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.040 Duration of Permit.
Permits issued under the provisions of this section
shall expire on the date specified by the Code
Enforcement Manager. 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 hereof 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.
.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.
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Any permit issued under the provisions of this
section may be revoked or suspended if the Code
Enforcement Manager or his designee finds:
(a) That the permittee, his agent or employee, has
been convicted of any offense involving the violation of
Sections 596, 597, 598, or 599 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 subject 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 Code Enforcement Manager 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
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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 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 the veterinarian approved by the owner.
.090 Commercial Kennels; Number 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 Code Enforcement Manager or his 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."
SECTION 10.
That subsections 8.08.070.010, 8.08.070.020,
8.08.070.025, 8.08.070.030, 8.08.070.080 and 8.08.070.100 of
Section 8.08.070 of Chapter 8.08 of Title 8 of the Anaheim
Municipal Code be, and the same are hereby, amended to read as
follows:
11.010 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 Code
Enforcement Manager. Any person desiring to obtain such
a permit must file an application on a form provided by
the Code Enforcement Manager or his/her authorized
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representative containing such information as the Code
Enforcement Manager shall require.
.020 Permit Issuance.
The Code Enforcement Manager 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 Code Enforcement Manager or
designee 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 convicted of any
offense involving the violation of Section 596, 597 and
598 of the California Penal Code, or any provisions of
this chapter;
(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 Code Enforcement Manager or his designee
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 Code Enforcement Manager or his
designee to grant or deny a permit may be appealed by the
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applicant or any other aggrieved person, as outlined in
the appeal process set forth in this chapter.
.025 Inspections.
The City of Anaheim's Code Enforcement Manager,
Orange County Health Officer and Orange County Animal
Control Director and their authorized representatives
shall have the right to enter the private establishment
during regular business hours for the purpose of making
reasonable inspections of animals and the premises where
animals are kept to observe and enforce compliance with
applicable laws and regulations including, without
limitation, the provisions of this chapter. Refusal to
permit a reasonable inspection during regular business
hours shall constitute grounds for the revocation of the
existing permit or denial of issuance or renewal of a
permit pursuant to this section.
.030 Duration of Permit.
Permits issued under the provisions of this section
shall expire on the date specified by the Code
Enforcement Manager. 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.
.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 Code Enforcement Manager, 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.
.100 subsequent Permit Applications.
If a private kennel/aviary/stable permit has been
denied or revoked for cause, the Code Enforcement Manager
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
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applicant affirmatively shows that the grounds upon which
the application was denied or the permit revoked, no
longer exist."
SECTION 11.
That Section 8.08.070 of Chapter 8.08 of Title 8 of the
Anaheim Municipal Code be, and the same is hereby, amended by
adding thereto a new subsection .023, which subsection .023 shall
read as follows:
".023 Fee.
The fee for a permit required by the provisions
of this chapter, which fee shall not exceed the
reasonable cost of providing the services for which
the fee is charged, shall be set by resolution of
the Board of Supervisors of the County of Orange, or
their lawful designee, and shall be payable to the
Code Enforcement Manager or his designee before a
permit is issued. Thereafter, unless otherwise
provided, each fee shall be payable annually in
accordance with such resolution."
SECTION 12.
That subsections 8.08.080.010 and 8.08.080.020 of Section
8.08.080 of Chapter 8.08 of Title 8 of the Anaheim Municipal Code
be, and the same are hereby, amended to read as follows:
11.010 Animal Restraint.
(a) 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.
(b) No person having the charge of any dog, except
a blind person with his guide dog, shall permit said dog
to be under any circumstances within public school
property. This section, however, does not prohibit the
use of dogs on school property for teaching or other
school uses when approved by the school officials.
.020 Property Damage.
(a) No person owning or having charge, care or
custody of any animal, shall permit such animal to damage
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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."
SECTION 13.
That Section 8.08.090 of Chapter 8.08 of Title 8 of the
Anaheim Municipal Code be, and the same is hereby, amended to read
as follows:
118.08.090 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.
.020 Declaration and possession of vicious dog.
(a) If the Code Enforcement Manager or his designee
has cause to believe that a dog is a 'vicious dog' within
the meaning of this section, he or she may tentatively
find and declare such dog a 'vicious dog.'
(b) Upon tentatively finding and declaring that a
dog is a 'vicious dog,' the Code Enforcement Manager or
his designee shall notify the owner and/or custodian in
writing of his or her tentative finding and declaration.
(c) The notice shall inform the owner and/or
custodian of such dog that he or she may request a
hearing in writing before the Code Enforcement Manager or
his designee within five (5) working days of receipt of
such notice to contest the tentative finding and
declaration. Any such hearing shall be requested and
conducted as provided in subsection (d) of this section.
(d) Failure of the owner and/or custodian to
request a hearing pursuant to this section shall result
in the declaration becoming final.
(e) The possession or maintenance of a 'vicious
dog,' or the allowing of any such dog to be in
contravention of this division, is hereby declared to be
a public nuisance. The Code Enforcement Manager or his
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designee is hereby authorized and empowered to impound
and/or abate any 'vicious dog' independently of any
criminal prosecution or the results thereof by any means
reasonably necessary to ensure the health, safety and
welfare of the public, including, but not limited to, the
destruction of the dog or by the imposition upon the
owner and/or custodian of specific reasonable
restrictions and conditions for the maintenance of the
dog. The restrictions and conditions may include but are
not limited to:
(1) Obtaining and maintaining liability insurance
in the amount of one hundred thousand dollars
($100,000.00) against bodily injury or death or
damage to property and furnishing a certificate or
proof of insurance by which the Code Enforcement
Manager or his designee shall be notified at least
ten (10) days prior to cancellation or non -renewal
or, at the owner's or custodian's option, the filing
with the Director of proof of a bond in the amount
of one hundred thousand dollars ($100,000.00), to be
able to respond to damages.
(2) Requirements as to size, construction and
design of the dog's enclosure.
(3) Location of the dog's residence.
(4) Requirements as to type and method of
restraints and/or muzzling of the dog.
(5) Photo identification or permanent marking of
the dog for purposes of identification.
(6) Requirements as to the posting of a warning
notice or notices conspicuous to the public warning
persons of the presence of a vicious dog.
(7) Payment of a fee or fees as established.
(g) At least five (5) working days prior to
impoundment and/or abatement, the owner or custodian
shall be notified in writing of their right to request a
hearing in writing to determine whether grounds exist for
such impoundment and/or abatement. If a hearing is
requested, the impoundment and/or abatement hearing may
be held in conjunction with the hearing provided for in
this section. If the owner or custodian requests a
hearing prior to impoundment and/or abatement, no
impoundment and/or abatement shall take place pending
decision by the Code Enforcement Manager or his designee
following a hearing, except as provided in subsection (c)
of this section. Pending such impoundment and/or
abatement hearing and decision by the Code Enforcement
UN
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Manager or his designee, the Code Enforcement Manager or
his designee may order the owner or custodian to keep the
dog within a substantial enclosure or securely attached
to a chain or other type of control which the Code
Enforcement Manager or his designee may deem necessary
under the circumstances. The Code Enforcement Manager or
his designee may also order the owner or custodian to
post and keep posted upon the premises where such dog is
kept under restraint, a warning notice pending such
impoundment and/or abatement hearing and decision by the
Code Enforcement Manager or his designee. The form,
content and display of such notice shall be specified by
the Code Enforcement Manager or his designee. Any
hearing under this subsection shall be conducted in
accordance with subsection (d) of this section.
(h) When, in the opinion of the Code Enforcement
Manager or his designee, immediate impoundment is
necessary for the preservation of animal or public
health, safety or welfare, or if the dog has been
impounded under other provisions of this Code or State
law, the pre -impoundment hearing shall not be required;
however, the owner or custodian shall be given written
notice allowing five (5) working days from receipt of
such notice to request in writing an abatement hearing.
If requested, a hearing shall be held within five (5)
working days of receipt of the request by the Code
Enforcement Manager or his designee and the dog shall not
be disposed of prior to the decision of the Code
Enforcement Manager or his designee following such
hearing. A hearing under this subsection shall be
conducted in accordance with subsection (d) of this
section except as otherwise indicated. If, after five
(5) working days following receipt of such notice, no
written request for a hearing is received from the owner
or custodian, the dog in question shall be disposed of
under applicable provisions of law.
(i) Except as otherwise provided in subsection (c)
of this section, the Code Enforcement Manager or his
designee shall conduct a hearing within fifteen (15) days
following receipt of a written request from the owner or
custodian requesting a hearing under this section, and
notice of the time, date and place thereof shall be
mailed to the person requesting the hearing at the
address given in the hearing request, at least ten (10)
days prior to said hearing. The Code Enforcement Manager
or his designee may appoint a hearing officer to take
evidence, summarize the evidence presented and report his
or her findings and recommendations based on such
evidence to the Code Enforcement Manager or his designee,
or the Code Enforcement or his designee may personally
conduct the hearing.
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(j) At the hearing each party shall have the right
to call and examine witnesses, to introduce exhibits, to
cross-examine opposing witnesses, impeach any witness,
and to rebut the evidence against him or her. The
hearing need not be conducted according to technical
rules relating to evidence and witnesses. Any relevant
evidence shall be admitted if it is the sort of evidence
on which responsible persons ar accustomed to rely in the
conduct of serious affairs, regardless of the existence
of any common law or statutory rule which might make
improper the admission of such evidence over objection
civil actions. The rules of privilege shall be effective
to the same extent that they are now or hereafter may be
recognized in civil actions, and irrelevant or unduly
repetitious evidence shall be excluded.
(k) Within fifteen (15) days following the
conclusion of the hearing, the Code Enforcement Manager
or his designee shall determine, on all the evidence
presented to him or her, or on the summary of evidence
and findings of fact and recommendations of the person
holding the hearing, whether any designation, impoundment
and/or abatement under this section should be rescinded
or amended. Within five (5) working days following such
decision, the Code Enforcement Manager or his designee
shall notify in writing the person requesting the hearing
of his or her determination as to any issue as to which
the hearing was requested.
(1) In the event of changed circumstances, the Code
Enforcement Manager or his designee may amend or rescind
any abatement and/or impoundment imposed pursuant to this
Section. Any such revision to the abatement and/or
impoundment due to changed circumstances shall be subject
to the same notice, hearing and other procedural
requirements as required for imposing initial abatement
and/or impoundment set forth in subsections (b), (c) and
(d) of this section.
(m) Owners of a vicious dog who sell or otherwise
transfer the ownership, custody or residence of the dog
shall at least ten (10) days prior to the sale or
transfer, inform the Code Enforcement Manager or his
designee in writing of the name, address and telephone
number of the new owner, custodian and/or residence and
the name and description of the dog. The owner shall, in
addition, notify the new owner or custodian in writing of
the details of the dog's record, terms and conditions of
maintenance and provide the Code Enforcement Manager with
a copy thereof containing an acknowledgment by the new
owner or custodian of his or her receipt of the original.
The Code Enforcement Manager or his designee shall notify
the new owner or custodian in writing of any different or
additional restrictions or conditions imposed pursuant to
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this section as a result of the change of ownership,
custody or residence. The imposition of any such
different or additional restrictions or conditions shall
be subject to the same notice, hearing and other
procedural requirements as required for imposing an
initial abatement and/or impoundment set forth in this
section.
(n) It is unlawful to have custody of, own or
possess a vicious dog within the meaning of this section
unless it is restrained, confined or muzzled so that it
cannot bite, attack or cause injury to any person.
(o) It shall be unlawful for the owner and/or
custodian of a dog declared vicious pursuant to
subsection (a) to fail to comply with any requirements or
conditions imposed pursuant to this section. If a
vicious dog escapes, the owner and/or custodian shall
immediately notify the Code Enforcement Manager or his
designee and make every reasonable effort to recapture
it.
.030 Restraint.
(a) Dog owners and custodians of dogs shall, at all
times, take all reasonable precautions to prevent their
dogs from biting, attacking or attempting to bite or
attack any person or from interfering with the use of
public or private property. It shall be unlawful for any
person to fail to comply with this subsection.
(b) Any person owning or having custody or control
of a vicious dog commits a violation of this Code if, as
a result of that person's failure to exercise ordinary
care, the dog bites, attacks, wounds or otherwise injures
or kills a human being and the owner or custodian knew or
should have known of the vicious or dangerous nature of
the dog.
(c) Nothing in this section shall authorize the
bringing of a criminal action pursuant to a violation of
subsection (a) or (b) of this section if the bite,
attack, attempted bite or attack, injury or threat was
sustained by a person who, at the time, was committing a
willful trespass upon the premises occupied by the owner
or custodian of the dog, or was committing or attempting
to commit a crime upon the premises occupied by the owner
or custodian of the dog, or was teasing, tormenting,
abusing or assaulting the dog or who has, in the past,
teased, tormented, abused or assaulted the dog.
(d) It shall be unlawful for any person, firm or
corporation to violate any provision or to fail to comply
with any of the requirements of this subsection. Any
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person, firm or corporation violating any provision of
this subsection or failing to comply with any of its
requirements shall be deemed guilty of a misdemeanor."
SECTION 14.
That Section 8.08.120 of Chapter 8.08 of Title 8 of the
Anaheim Municipal Code be, and the same is hereby, amended to read
as follows:
"8.08.120 APPEAL PROCESS.
Any person aggrieved by a decision of the Code
Enforcement Manager 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 Code
Enforcement Manager 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 Code Enforcement Manager or his designee
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 or his designee at
such hearing shall be final and conclusive. No such
determination shall conflict with any substantive
provisions of this chapter. Within ten (10) days after
such findings and determination are made, the Code
Enforcement Manager or his designee shall give notice
thereof to the appellant."
SECTION 15.
That subsection 8.08.140.020, of Section 8.08.140 of
Chapter 8.08 of Title 8 of the Anaheim Municipal Code be, and the
same is hereby, amended to read as follows:
11.020 Notwithstanding any other provision contained in
this chapter to the contrary, any person tendering
payment of any fee or penalties to the City pursuant to
any provision of this chapter shall for all purposes
thereafter be precluded and barred from appealing,
contesting or otherwise challenging the validity or
amount of any such fee or penalties, or seeking refund of
all or any portion thereof, pursuant to any otherwise
available procedure set forth in this chapter, or
otherwise available by law unless said payment is made
under written protest to the City. Said written protest
shall be deemed made for purposes of this section only by
one of the following methods: (1) a written notation set
forth on the check, draft, money order, or other
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negotiable instrument by which payment is tendered,
indicating that such payment is made under protest; or
(2) a written notice addressed and delivered to the Code
Enforcement Manager or his designee at the time of
payment indicating that such payment is made under
protest."
SECTION 16.
That Section 8.08.160 of Chapter 8.08 of Title 8 of the
Anaheim Municipal Code be, and the same is hereby, amended to read
as follows:
118.08.160 Delinquent Payment
Notwithstanding any other provision hereof, any person
who fails to pay any animal license or permit fee imposed
by this chapter within fifteen (15) days of said
expiration shall pay a penalty in an amount established
by the Board of Supervisors of the County of Orange or
their lawful designee; provided, however, that the amount
of the penalty shall not exceed twice the amount of the
license or permit fee which is delinquent. The penalty
shall be added by the Code Enforcement Manager or his
designee on the first day immediately following the due
date thereof."
SECTION 17. 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
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 18. 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.
repealed.
SECTION 19. PENALTY
Uncodified Section 17 of Ordinance No. 5374 is hereby
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THE FOREGOING ORDINANCE is approved and adopted by the
City Council of the City of Anaheim this 14th day of June
1994.
MAYO THE CITY OF AN EIM
ATTEST:
f ��
CITY CLERK OF THE CITY OF ANAHEIM
1879.5\EEGAN\May 13, 1994 24
Y
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. 5428 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 7th
day of June, 1994, and that the same was duly passed and adopted at a regular meeting of said City
Council held on the 14th day of June, 1994, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Simpson, Hunter, Daly
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Feldhaus, Pickier
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5428 on
the 15th day of June, 1994.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of
Anaheim this 15th day of June, 1994.
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 of Ordinance No. 5428 and was published once in the Anaheim Bulletin on the 23rd day of June,
1994.
CITY CLERK OF THE CITY OF ANAHEIM