Sec. 3-1.1 (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, Article I, of the Orange County Code of Ordinances, is hereby 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 (2) separate occasions within the prior thirty-six-month 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.

(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 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 dogs 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 being 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.

(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 or her 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.

(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 dog 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.

(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 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) 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 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 Dog From City. Any dog 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 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 dog impounded hereunder fails to, or is unwilling to, or is unable to, retrieve their dog and comply with the conditions of any new or established order within a 30-day period.

The release of such dog would create a significant threat to public health, safety, or welfare.

(Ord. No. 1125, § 1, 4-25-11.)