NO. 2012-142




1. Short title.

This Ordinance

shall be known as the Animal Welfare

SECTION 2. Purpose. This Ordinance is intended to ratify and memorialize City's commitment to the humane treatment of animals within the City. SECTION 3. Findings and declarations. The City Council finds and declares:


A. The City of Aliso Viejo is recognized as a humane and animal friendly city, It is known for supporting programs that provide extended care to hard-to-adopt animals, animals with medical challenges, and a "third chance" for highly adoptable animals rescued from other shelters in which the likelihood of euthanasia was imminent, 8. Although the State of California is a leader in regulating animal welfare, the City of Aliso Viejo sets for itself a higher standard to prevent the possibility of abuse, neglect and cruelty towards animals. C. While not all retail stores that sell dogs and cats engage in practices that could be considered inhumane, the current state of this industry is inconsistent with the City's goal to be a community that cares about animal welfare. D. A prohibition on the retail sale of dogs and cats will foster a more humane environment in the City. SECTION 4. Section 6.02.010 of the Aliso Viejo Municipal Code is hereby amended to add the following definitions, to be inserted in Section 6.02.010 in alphabetical order, to read as follows: "Animal dealer" means any person who, for compensation animals, whether for use as pets. "Adoption fee" means any compensation or monetary exchange for the purpose of or profit, buys for resale any testing or exhibition or

alive or dead, for research, experimentation,

taking ownership or custody of an animal.

"Animal exhibition" means any property where one or more animals are exposed to public view for entertainment, instruction or advertisement for which public admission is charged. Activities conducted primarily for instruction or entertainment of the participants for which no public admission is charged are excluded. Animal exhibitions include, but are not limited to, carnivals, tents shows or shows in the open air, or in a hall or building not specifically constructed for theatrical purposes, wherein carnivals, circuses, dog or pony shows, dramatic, musical or theatrical performances are given to audiences not exceeding 2,500 persons. "Animal menagerie" means a place where wild and/or exotic animals are kept or maintained for any commercial purposes. "Circus" means entertainment. a commercial variety show featuring animal acts for public

"Commercial animal establishment" means any commercial breeder, kennel, commercial aviary, pet shop, grooming parlor (including mobile grooming facilities), commercial stable, riding academy, pony ride, guard (sentry) dog service, commercial animal rescue shop, zoo, animal menagerie, animal exhibition, pet show, miscellaneous animal reptile establishment, or animal dealer who operates for profit or not that provides such services in the City. "Commercial animal rescue shop" means a commercial animal establishment that offers dogs and/or cats in exchange for a non-profit adoption fee, and such dogs and/or cats are made available to the establishment by non-profit humane societies, animal shelters, bona fide animal rescue organizations, or the City of Mission Viejo Animal Care Center. "Commercial aviary" means any person maintaining, for profit, an establishment where birds of any species are kept for the purpose of breeding, buying, selling, grooming, boarding or exhibiting such birds; or engaged in the training of birds. "Commercial breeder" means an owner/lessor/breeder of dogs and cats who is licensed to breed animals for resale, individually or in litter lots, whether any of these animals are also kept for personal use. "Zoo" means a place where wild or exotic animals are kept on exhibit for public show, entertainment or enjoyment. SECTION 5. Section 6.02.110 of the Aliso Viejo Municipal Code is hereby amended in its entirety to read as follows:


"6.02.110 Animal care requirements. Every person within the city who owns any animal or who owns, conducts, manages or operates any commercial animal establishment shall comply with each of the following conditions: A. Housing facilities for animals shall be structurally sound and shall be maintained in good repair, to protect the animals from injury, to contain the animals, and to restrict the entrance of other animals. 8. All animals shall be supplied with sufficient good and wholesome food and water as often as the feeding habits of the respective animals require. C. All animals and all buildings or enclosures where animals are housed or maintained shall be maintained in a clean and sanltary condition. D. No animals shall be without attention more than 12 consecutive hours. Whenever an animal is left unattended at a commercial animal establishment, the telephone number of the department of animal services, or the name, address and telephone number of the responsible person, shall be posted in a conspicuous place at the front of the property. E. Every reasonable precaution shall be used to ensure that animals are not teased, abused. mistreated, annoyed, tormented or in any manner made to suffer by any person or means. F. No condition shall be maintained or permitted that is or could be injurious to the animals. G. Buildings and enclosures where animals are housed or maintained shall be so constructed and maintained as to prevent escape of animals. All reasonable precautions shall be taken to protect the public from the animals and the animals from the public. H. Every commercial animal establishment shall isolate sick animals sufficiently so as not to endanger the health of other animals. Sick animals shall at all times be isolated from the other animals. I. Every building or enclosure wherein animals are maintained shall be constructed of material easily cleaned and shall be kept in a sanitary condition. The building shall be properly ventilated to prevent drafts and to remove odors. Heating and cooling shall


be provided as required, according to the physical need of the animals, with sufficient light to allow observation of animals and sanitation. J. Such person shall take any animal to a veterinarian for examination or treatment, if the director finds this is necessary in order to maintain the health of the animal and orders the owner or custodian to do so. K. All animal rooms, cages, kennels and runs shall be of sufficient size to provide adequate and proper accommodations for the animals kept therein. Every violation of an applicable regulation shall be corrected within a reasonable time to be specified by the director. M. Such person shall provide proper shelter and protection from the weather at all times. N. Such person shall not give an animal any alcoholic beverage, unless prescribed by a veterinarian. O. Such person shall not allow animals which are natural enemies, temperamentally unsuited, or otherwise incompatible, to be quartered together, or so near each other as to cause injury, fear or torment. If two or more animals are so trained that they can be placed together and do not attack each other or perform or attempt any hostile act to the others, such animals shall be deemed not to be natural enemies. P. Such person shall not allow the use of any tack, equipment, device, substance or material that is, or could be, injurious or cause unnecessary cruelty to any animal. Such person shall give working animals proper rest periods. Confined or restrained animals shall be given exercise proper for the individual animal under the particular conditions.


Such person shall not work, use or rent any animal which is overheated, weakened, exhausted, sick, injured, diseased, lame or otherwise unfit. S. Such person shall not display animals bearing evidence of malnutrition, ill health, unhealed injury or having been kept in an unsanitary condition. T. Such person shall not display any animal whose appearance is or may be offensive or contrary to public decency.



U. Such person shall not allow any animal to constitute or cause a hazard, or be a menace to the health, peace or safety of the community. V. Such person shall 'not violate any condition imposed by the director on any license issued by the department.

W. No dog or cat under the age of eight weeks shall be bought, shipped into the City for the purpose of adoption, and no such dog or cat shall be offered for adoption.
Every dog or cat offered for adoption must be examined by a State-licensed veterinarian and be certified free of congenital defects, distemper, worms, skin disease, skin and ear mites, and other diseases or conditions which would be injurious to the animal or a potential owner.



Every dog or cat offered for adoption shall have been vaccinated against distemper and parvo. A vaccination record providing the date of vaccination, lot number, and manufacturer must be provided to the person adopting the puppy or kitten at the time of adoption.

Z. No animal shall be transported by a kennel, pet shop, commercial animal rescue shop, or animal dealer, whether by private or public means, unless housed in a container, designed for that purpose including provisions for adequate ventilation and food and water. AA. Clean, potable water shall be available to all animals in conformance with the principles of good animal husbandry, unless restricted by a veterinarian. Proof of such veterinarian restrictions shall be presented to the animal services officer upon request. Water receptacles, containers or dispensers shall be kept in a clean and sanitary state at all times. ' Food receptacles shall be accessible to all animals unless restricted by a veterinarian and shall be located so as to minimize contamination by excreta. Proof of any veterinarian restrictions shall be presented to the animal services officer upon request. Food contaminated by urine shall be discarded and replaced with fresh uncontaminated food. Disposable receptacles may be used but must be discarded after each feeding. Self-feeders may be used for the feeding of dry food, and they shall be kept clean and free of mold, deterioration and the caking of food.


ee. Any other applicable federal, state, or local law, regulation or ordinance."
SECTION 6. Section 6.02.120 of the Aliso Viejo Municipal Code is hereby amended in its entirety to read as follows: "6.02.120 Prohibition on retail sale of dogs and cats.

A. No commercial animal establishment shall display, sell, deliver, offer for sale, barter, auction, give away, or otherwise transfer or dispose of dogs or cats in the City on or after the effective date of the ordinance codified in this section.



I n1S

secuon snail no! apply



A commercial animal rescue shop that offers dogs or cats for an adoption fee; A publicly operated animal control facility or animal shelter; A private, charitable, nonprofit humane society or animal rescu~ organization; or




A publicly operated animal control agency, nonprofit humane society, or nonprofit animal rescue organization that operates out of or in connection with a pet shop.

C. Nothing in this section shall prevent a pet shop or its owner, operator or employees from providing space and appropriate care for animals owned by a publicly operated animal control agency, nonprofit humane society, or nonprofit animal rescue agency and maintained at the pet stop for the purpose of adopting those animals to the public.
D. A pet shop or its owner, who provides space to a publicly operated animal control agency, nonprofit humane society, or nonprofit animal rescue agency for the purpose of adopting animals to the public shall ensure that the publicly operated animal control agency, nonprofit humane society, or nonprofit animal rescue agency complies with the requirements of Section 6.02.110 and all state laws pertaining to the health and safety of animals." SECTION 7. If any portion of this Ordinance, or the application of any such orovision to any person or circumstances, shall be held invalid, the remainder of this Ordinance to the extent it can be given effect, or the application of such provision to oersons or circumstances other than those as to which it is held invalid, shall not be affected thereby, and to this extent the provisions of this Ordinance are severable. SECTION 8. The City Clerk shall certify to the passage of this Ordinance and this Ordinance shall be published as required by law and shall take effect as provided :Jylaw. PASSED AND ADOPTED by the City Council of the City of Aliso Viejo at a 'egula r meeting held on the is" day of May 2012.



Donald A. Garcia Mayor l\TTEST:

Susan A. Ramos :::ity Clerk



) ) S5. )

I, SUSAN A. RAMOS, City Clerk of the City of Aliso Viejo, California, DO HEREBY CERTIFY that foregoing Ordinance No. 2012-142 was duly passed and adopted at a regular meeting of the City Council held on the 16th day of May 2012 by the following vote, to wit: AYES: COUNCIL MEMBERS:






I hereby certify that the foregoing is the original of Ordinance No. 2012-142 duly passed and adopted by the Aliso Viejo City Council at their regular meeting held May 16, 2012 and that Summary of the Ordinance was published on May 24, 2012, in the Aliso Viejo News.




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