Ordinance No. 1125092
ORDINANCE NO. 1125
AN ORDINANCE OF THE CITY OF CYPRESS, CALIFORNIA,
AMENDING CHAPTER 3 OF THE CYPRESS MUNICIPAL CODE
( "ANIMALS AND FOWL "), RELATING TO THE RESTRAINT OF DOGS AND
DECLARATION AND POSSESSION OF VICIOUS OR
POTENTIALLY DANGEROUS DOGS IN THE CITY OF CYPRESS.
WHEREAS, the California Constitution permits a City to make and enforce within
its limits all local, police, sanitary and other ordinances and regulations not in conflict
with general laws, which is commonly referred to as a City's "police power "; and
WHEREAS, pursuant to its inherent police powers, the City Council of the City of
Cypress (the "City ") has adopted those certain regulations regarding animal control that
are set forth in Chapter 3 of the Cypress Municipal Code ( "Animals and Fowl "), as
amended and periodically amended; and
WHEREAS, to protect the public health, safety and welfare, it is the desire of the
City Council of the City of Cypress to amend certain sections of the Municipal Code to
enhance enforcement provisions related to the restraint of dogs, and the declaration
and possession of vicious or potentially dangerous dogs in the City of Cypress; and
WHEREAS, this Ordinance is exempt from environmental review pursuant to
Section 15061(b)(3) of the State Guidelines implementing the California Environmental
Quality Act of 1970, as amended.
NOW, THEREFORE, the CITY COUNCIL of the CITY of CYPRESS,
CALIFORNIA, does ordain as follows:
SECTION 1. Section 3 -1.1 is hereby added to the Cypress Municipal Code, to
read, in its entirety, as follows:
"Section 3 -1.1 Provisions of Orange County Code of Ordinances –
Amendments, deletions, and additions.
(a) Findings. The following amendment, deletions, and
additions to Title 4, Articles I, II and VI (textual changes shown in
bold, italics, underlined, or strikeout) of the Orange County
Code of Ordinances are hereby found to be reasonably necessary
due to consideration of specific circumstances present in the City of
Cypress, as follows:
1. Sec. 4 -1 -23. of Definitions (V) of the Title 4, Arcicle I,
of the Orange County Code of Ordinances, is hereb�i amended, in
its entirety, to read as follows:
`(a) Potentially dangerous dog means any of the
following:
(1) Any dog which, when unprovoked, on two (Z)
separate occasions within he—w* ^r thirty ix
period, engages in any behavior that requires
a defensive action by any person to prevent bodily
injury whether the person and the dog are on or off
the property of the owner or custodian of the dog.
(2) Any dog which, when unprovoked, bites a
person causing any injury less severe than a "severe
injury." Severe injury means any physical injury to a
human being that results in muscle tears or disfiguring
lacerations or requires multiple sutures or corrective
or cosmetic surgery.
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(3) Any dog which, when unprovoked, has killed,
seriously bitten, inflicted injury, or otherwise caused
injury attacking a domestic animal, horse, or livestock.
(b) Vicious dog means any of the following:
(1) Any dog seized as a "fighting animal" under
Section 599aa of the Penal Code and upon the
sustaining of a conviction of the owner or custodian of
a fighting animal as set forth in subdivision (a) of
Section 597.5 of the Penal Code.
(2) Any dog which, when unprovoked, in an
aggressive manner, inflicts severe injury on or kills a
human being, whether the person and the dog are on
or off the property of the owner or custodian of the
dog.
(3) Any dog previously determined to be and
currently listed as a potentially dangerous dog, which,
after its owner or keeper has been notified of this
determination, continues the behavior of a "potentially
dangerous dog" as set forth above, or is maintained in
violation of the conditions and restrictions placed
upon the dog as a "potentially dangerous dog."
(c) 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.
(d) These definitions do not apply to dogs used in
military or police work while they are actually
performing in that capacity.'
2. Sec. 4 -1 -45. of Restraint of Dogs of Title 4, Article II,
of the Orange County Code of Ordinances is hereby amended, in
its entirety, to read as follows:
`No person owning or having charge, care, custody, or
control of any dog shall cause or permit, either willfully
or through failure to exercise due care or control, any
such dog to be upon any private property unless such
dog be restrained thereon by a fence, wall, substantial
chain, leash not exceeding six (6) feet in length, other
appropriate physical restraint, or is under the charge
of a person competent to exercise care, custody, and
control over such dog.
No person owning or having charge, care, custody, or
control of any dog shall cause or permit, either willfully
or through failure to exercise due care or control, any
such dog to be upon any public property unless such
dog be restrained by a substantial chain, or leash not
exceeding six (6) feet in length, and is under the
charge of a person competent to exercise care,
custody, and control over such dog, unless the owner
or operator of such public property grants written
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permission for such dog to be on such property
without such chain or leash. Each and every day
during any portion of which any violation of this
Code or any other ordinance, order, rule, or
regulation of the City continues shall constitute a
separate offense, and shall be subject to penalty
fees as provided by Cypress Municipal Code,
Chapter 1, Section 1 -7.'
3. Sec. 4 -1 -46. - Public school property; county parks,
public beaches and county buildings of Title 4, Article II, of the
Orange County Code of Ordinances is hereby amended, in its
entirety, to read as follows:
`No person having the charge of any dog, except a
blind, deaf or disabled person with his or her guide
dog, signal dog or service dog, or a person training a
guide, signal or service dog, shall permit said dog to
be under any circumstances within public school
property, City of Cypress parks, or any building
owned or occupied by the City,
Exceptions. The provisions of this section are not
applicable to degs- Police service K -9s and "guide
dogs" or in areas designated by the City Council as
allowing dogs. In the event the City Council, by
resolution, authorizes dogs to be upon any public
space, the provisions of this section shall not be
applicable thereto.
The terms "guide dog," "service dog," and "signal
dog," in this section shall be given the same meaning
as set forth in Penal Code Section 365.5.'
4. Sec. 4 -1 -48. — Nuisance of Title 4, Article II, of the
Orange County Code of Ordinances is hereby amended, in its
entirety, to read as follows:
`(a) No person shall keep, maintain, or permit,
either willfully or through failure to exercise proper
control, on any lot, parcel of land or premises under
his or her control any animal:
(1) Which by sound or cry shall disturb the peace
and comfort of the inhabitants of the neighborhood, or
(2) Which affects an entire community or
neighborhood, or any considerable number of
persons, although the extent of annoyance or damage
may differ, or
(3) Which interferes with any person in the
reasonable and comfortable enjoyment of life or
property.
(4) Which runs stray in the community or
neighborhood posing the potential as a threat of
beinq a vicious or dangerous animal.
(b) Violation of the noise standards set out in
Section 4 -6 -5 shall be treated as a violation of this
section, and subject to fines as provided in
Cypress Municipal Code, Chapter 1, Section 1 -7.
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(c) Violation of either subsection (a) or (b) above,
or both, may form the basis of a violation of this
section. Nothing herein shall be deemed to require
performance of any test or other measurement except
as required to prove a violation of Section 4 -6 -5.
(d) Noise generated by animals utilized in the
production of crops, livestock or poultry is not subject
to this section.
(e) A violation of this section is a public nuisance.
(f) The existence of such nuisance for each and
every day after the service of a notice in writing from
the Director or his authorized deputies and agents, or
district attorney or city attorney or prosecuting
attorney, to remove, discontinue or abate may be
deemed a separate and distinct offense.'
5. Sec. 4 -1 -49. - Private Property of Title 4, Article II, of
the Orange County Code of Ordinances is hereby amended, in its
entirety, to read as follows:
`No person, owning or having care, custody, or control
of any animal, shall permit, either willfully or through
failure to exercise proper control, such animal to
trespass or be upon any private property of another
person without the consent of such person. Failure
to comply with this section shall result in the
impoundment of said animal by Animal Control
officials. The dog owner shall pay all applicable
fees and fines as adopted by the Orange County
Board of Supervisors and/or the Cypress City
Council to reclaim his /her animal.'
6. Sec. 4 -1 -50. - Dogs to be curbed of Title 4, Article II,
of the Orange County Code of Ordinances is hereby amended, in
its entirety, to read as follows:
'A person having custody of any dog shall not permit,
either willfully or through failure to exercise due care
or control, any such dog to defecate or urinate upon:
(a) A public sidewalk or parkway comprising the
area between the street and sidewalk:
(b) The floor of any common hall in any apartment
house, tenement house, motel or other multiple
dwelling;
(c) Any entranceway, stairway or wall immediately
abutting on a public sidewalk;
(d) The floor of any theatre, shop, store, office
building or other building used by the public; or
(e) Any City of Cypress or County parks, or
County beach.
The person having custody of any dog shall
immediately remove any feces deposited by such
dog. Failure to comply shall result in penalty fees
as provided by Cypress Municipal Code, Chapter
1, Section 1 -7.'
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7. Sec. 4 -1 -51. - Public Protection from Dogs of Title 4,
Article II, of the Orange County Code of Ordinances is hereby
amended, in its entirety, to read as follows:
`(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 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. Failure to comply
shall subject the doq owner to penalty fees
provided by Cypress Municipal Code, Chapter 1,
Section 1 -7, and in addition, as criminal action as
applicable provided by the California Penal Code.
(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, 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.'
8. Sec. 4 -1 -95. - Declaration and Possession of Vicious
or Potentially Dangerous Dog of Title 4, Article VI, of the Orange
County Code of Ordinances is hereby amended, in its entirety, to
read as follows:
`(a) General Provisions.
(1) If the Director has cause to believe that a dog
is a "vicious dog or potentially dangerous dog" within
the meaning of section 4 -1 -23, he or she may
tentatively find and declare such dog a "vicious dog or
potentially dangerous dog."
(2) Upon tentatively finding and declaring that a
dog is a "vicious dog or potentially dangerous dog,"
the Director shall notify the owner and /or custodian in
writing of his or her tentative finding and declaration.
(3) The notice shall inform the owner and /or
custodian of such dog that he or she may request a
hearing in writing before the Director 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.
097
(4) Failure of the owner and /or custodian to
request a hearing pursuant to subsection (a)(3) of this
section shall result in the declaration becoming final.
(5) The possession or maintenance of a "vicious
dog or potentially dangerous dog," or the allowing of
any such dog to be in contravention of this division, is
hereby declared to be a public nuisance. The director
is hereby authorized and empowered to impound
and /or abate any "vicious dog or potentially
dangerous 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:
a. 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 Director 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 in
damages.
b. Requirements as to size, construction
and design of the dog's enclosure.
c. Location of the dog's residence.
d. Requirements as to type and method of
restraints and /or muzzling of the dog.
e. Photo identification or permanent
marking of the dog for purposes of
identification.
f. Requirements as to the posting of a
warning notice or notices conspicuous to the
public warning persons of the presence of a
vicious dog.
g. Payment of a fee or fees as established
by Cypress Municipal Code, Section 1,
Section 1 -7 to recover the costs of enforcing
the provisions of [this] article 6, division 1 of
title 4 of this Code as applied to the regulation
of vicious dogs. In addition:
(1) A bail forfeiture shall be
deemed to be a conviction of the
offense charged.
(2) In addition to any other
penalties or fines provided, any
reasonable costs incurred by the City
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and O.C. Animal Care in seizing,
impounding and for confining any
dangerous animal shall be a charge
against the owner.
(3) Failure to comply shall be
deemed a misdemeanor and the fines
and penalties shall be applied in
accordance with Cypress Municipal
Code, Chapter 1, Section 1 -7(a).
(b) Notification of Right to Hearing. At least five (5)
working days prior to impoundment and /or abatement,
the owner or custodian shall be notified in writing of
his or her 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 subsection (a) of 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 Director following a hearing, except as
provided in subsection (c) of this section. Pending
such impoundment and /or abatement hearing and
decision by the Director, the Director 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 Director may deem
necessary under the circumstances. The Director 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 Director. The form, content and display of such
notice shall be specified by the Director. Any hearing
under this subsection shall be conducted in
accordance with subsection (d) of this section.
(c) Immediate Impoundment. When, in the opinion
of the Director, 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 Director
and the dog shall not be disposed of prior to the
decision of the Director 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.
(d) Request for and Conduct of Hearings. Except
as otherwise provided in subsection (c) of this section,
the Director shall conduct a hearing within fifteen (15)
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999
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 Director 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
Director, or the Director may personally conduct the
hearing.
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 are
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 in 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.
Within fifteen (15) days following the conclusion of the
hearing, the Director 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
Director 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.
(e) Change of Circumstances. In the event of
changed circumstances, the Director may amend or
rescind any abatement and /or impoundment imposed
pursuant to subsection (a)(5) of 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 an initial abatement and /or
impoundment set forth in subsections (b), (c) and (d)
of this section.
(f) Change of Ownership, Custody and /or
Residence. Owners of a vicious dog or potentially
dangerous 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 Director 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
Director with a copy thereof containing an
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acknowledgment by the new owner or custodian of
his or her receipt of the original. The Director shall
notify the new owner or custodian in writing of any
different or additional restrictions or conditions
imposed pursuant to subsection (a)(5) of 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
subsections (b), (c) and (d) of this section.
(g) Possession Unlawful. It is unlawful to have
custody of, own or possess a vicious dog or
potentially dangerous dog within the meaning of
Section 4 -1 -23 unless it is restrained, confined or
muzzled so that it cannot bite, attack or cause injury
to any person.
(h) Declared Vicious Dog or Potentially Dangerous
Dog. It shall be unlawful for the owner and /or
custodian of a dog declared vicious or potentially
dangerous pursuant to subsection (a) to fail to comply
with any requirements or conditions imposed pursuant
to subsection (a)(5) of this section. If a vicious or
potentially dangerous dog escapes, the owner and /or
custodian shall immediately notify the Director and
make every reasonable effort to recapture it.
The Director shall have the discretion, in any event, to
directly petition the court to seek a determination
whether or not the dog in question should be declared
potentially dangerous or vicious. The Director shall
follow the procedures set forth in Food and
Agriculture Code Sections 31621 and following for
this purpose.
(i) Removal of Vicious Dog or Potentially
Dangerous Doq From City. Any doq determined
to be vicious or potentially dangerous within the
meaning of section 4 -1 -23 may be ordered banned
from the City of Cypress if the Director or his
designee first finds and determines that:
The owner or harborer of such dog has
failed to, is unwilling to, or is unable to;
comply with the conditions of any
existing vicious declaration/order.
The owner or harborer of any such doq
impounded hereunder fails to, or is
unwillingq to, or is unable to, retrieve
their doq and comply with the conditions
of any new or established order within a
30 -day period.
The release of such doq would create a
significant threat to public health, safety,
or welfare."
SECTION 2. If any section, subsection, sentence, clause, phrase, or portion of
this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of
any court of competent jurisdiction, such decision shall not affect the validity of the
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remaining portions of this Ordinance. The City Council of the City of Cypress hereby
declares that it would have adopted this Ordinance and each section, subsection,
sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses, phrases, or portions thereof may be
declared invalid or unconstitutional.
SECTION 3. This Ordinance shall be in full force and effect thirty (30) days after
its passage.
SECTION 4. The City Clerk shall certify to the passage and adoption of this
Ordinance by the City Council of the City of Cypress and shall cause a summary of this
Ordinance to be published in accordance with Government Code § 36933.
FIRST READING at a regular meeting of the City Council of said City held on the
11th day of April, 2011, and finally adopted and or - r posted at regular meeting held
on the 25th day of April, 2011.
ATTEST:
&aiY\
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
MAYO • F THE CITY OF CYPRESS
I, DENISE BASHAM, City Clerk of the City of Cypress, DO HEREBY CERTIFY that
the foregoing Ordinance was duly adopted at a regular meeting of said City Council held
on the 25th day of April, 2011, by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Bailey, Luebben, Narain, and Seymore
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Mills
vet'_ 'Vl
CITY CLERK OF THE CITY OF CYPRESS