Subject to the particular additions, deletions, and amendments hereinafter set forth in this chapter, the rules, regulations and conditions of the codified ordinances of the county of Orange as contained in:
(a) 
Division 1 of Title 4;
(b) 
Article 1 of Division 1 of Title 5;
(c) 
Sections 5-1-29 and 5-1-30 of Article 2 of Division 1 of Title 5;
(d) 
Article 3 of Division 1 of Title 5;
(e) 
Division 2 of Title 5; and
(f) 
Article 17 of Division 3 of Title 5;
as may be amended from time to time by the board of supervisors of the county of Orange, California, as well as such other regulations adopted by the board of supervisors concerning animal control, including those which relate to fees, are adopted by reference under the authority of Sections 50022.1 through 50022.9 of the Government Code of the state of California and made a part hereof as though fully set forth herein as part of the Fountain Valley Municipal Code and the same are hereby established and adopted as the rules, regulations, provisions, and conditions to be observed and followed to govern animal control, welfare, and license requirements in the city of Fountain Valley. One full copy of the above-specified provisions of the codified ordinances of the county of Orange, certified to be a true copy by the city clerk of the city of Fountain Valley is to be kept on file at the office of the city clerk of the city of Fountain Valley for public inspection.
(Ord. 754 § 2, 1975; Ord. 796 § 1, 1976; Ord. 1404 § 1, 2008; Ord. 1534 § 1, 2018)
The ordinances adopted hereby are intended to apply to animal control and regulation within the jurisdiction of the city of Fountain Valley in the same manner as they apply to animal control and regulation within the unincorporated area of the county of Orange. Therefore, the ordinances adopted hereby shall be amended as necessary to achieve that goal, including amending references to the county or the unincorporated area of the county to references to the city of Fountain Valley, as necessary to achieve that goal. Only those provisions of Title 5 of the Orange County ordinances relevant to animal related facilities including animal exhibitions, animal rental establishments, animal rescuers, commercial stables, grooming parlors, kennels, and pet shops are adopted hereby.
(Ord. 754 § 2, 1975; Ord. 796 § 2, 1976; Ord. 1404 § 1, 2008; Ord. 1534 § 1, 2018)
(a) 
Any person who violates any provision of this chapter shall be guilty of an infraction, except as otherwise provided in subsection (b) below.
(b) 
Any person who violates any provision of Section 4-1-48, 4-1-51, or 4-1-95 of Division 1 of Title 4 or any provision of Title 5 of the codified ordinances of Orange County adopted hereby is guilty of a misdemeanor. Moreover, any person who violates any other provisions of Division 1 of Title 4 the codified ordinances of Orange County and the violation occurs within one year of the occurrence of two other separate violations of this division by that person is guilty of a misdemeanor. Each day on which a violation occurs or continues shall constitute a separate offense.
(c) 
Any license required by Article 4, Division 1 of Title 4 of the codified ordinances of the county of Orange not purchased or renewed within fifteen days after expiration, or the date on which they come due, shall be considered delinquent and a late fee as determined by resolution of the board of supervisors shall be added to the cost of the new license. The director may waive the above late fee if the director determines the applicant made a reasonable effort to comply with the above deadline.
(d) 
Any person convicted of a misdemeanor for a violation of any of the provisions of this chapter shall, unless otherwise specifically provided in this chapter or by statute, be punishable by a fine of not more than one thousand dollars or by imprisonment in the County Jail for a period of not more than six months or by both such fine and imprisonment.
(e) 
Any person convicted of an infraction for a violation of any of the provisions of this chapter shall, unless otherwise specifically provided in this chapter or by statute, be punishable by: (1) a fine not exceeding one hundred dollars for a first violation; (2) a fine not exceeding two hundred dollars for a second violation of the same code provision within a period of one year; (3) a fine not exceeding five hundred dollars for each additional violation of the same code provision within one year.
(f) 
An infraction is not punishable by imprisonment. A person charged with an infraction shall not be entitled to a trial by jury. A person charged with an infraction shall not be entitled to have the public defender or other counsel appointed at public expense to represent him or her unless he or she is arrested and not released on his or her written promise to appear, his or her own recognizance or a deposit of bail.
(g) 
Except as otherwise provided by law, all provisions of law relating to misdemeanors shall apply to infractions including, but not limited to, powers of peace officers, jurisdiction of courts, periods for commencing action and for bringing a case to trial and burden of proof.
(h) 
Barking Dog and Animal Nuisance Civil Fines. Fines for violating the provisions of Subarticle 2 of Article 2 of Division 1 of Title 4 of the codified ordinances of Orange County shall be as follows:
(1) 
Fine for first offense (per citation): two hundred fifty dollars.
(2) 
Fine for second offense within same twelve-month period (per citation): two hundred seventy-five dollars.
(3) 
Fine for third offense within same twelve-month period (per citation): three hundred three dollars.
(4) 
Fine for fourth offense within same twelve-month period (per citation): three hundred thirty-three dollars.
(5) 
Fine for fifth offense within same twelve-month period (per citation): three hundred sixty-six dollars.
(6) 
Fine for sixth and subsequent offense within same twelve-month period (per citation): four hundred three dollars.
In the event that a fine imposed under the authority granted by said Subarticle 2 of Article 2 of Division 1 of Title 4 remains unpaid for thirty days after it is due and payable pursuant to Section 4-1-59.7 of the codified ordinances of Orange County, an amount equal to the fine shall be added as a late penalty and the late penalty and fine shall become due immediately. If a hearing officer upholds the issuance of a citation in an administrative hearing, the late penalty will be assessed if the fine is not paid within thirty days from the conclusion of the hearing. Failure to timely remit payment of a citation fine and/or late penalty authorized pursuant to said Section 4-1-59.7 will result in criminal liability and a warrant may be issued for a violator's arrest. Nonpayment of such fine and/or late penalty shall be a misdemeanor punishable by a fine of not more than one thousand dollars or by imprisonment in the County Jail for a period of not more than six months or by both such fine and imprisonment. The city at its discretion may pursue any and all legal and equitable remedies for the collection of unpaid fines and late penalties. Pursuit of one remedy does not preclude the pursuit of any other remedies until the total fines and late penalties owed by a violator under this subarticle have been collected.
(Ord. 796 § 3, 1976; Ord. 1404 § 1, 2008; Ord. 1534 § 1, 2018)