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HomeMy WebLinkAbout20 BARKING DOG ORDINANCEAGENDA REPORT MEETING DATE: APRIL 15, 2008 TO: WILLIAM A. HUSTON, CITY MANAGER FROM: SCOTT M. JORDAN, CHIEF OF POLICE SUBJECT: BARKING DOG ORDINANCE SUMMARY Pursuant to Chapter 2 of Title 4 of the Tustin Municipal Code, the City has adopted portions of the County of Orange animal control regulations by reference. Last July, the City Council adopted Ordinance No. 1340 amending Chapter 2 of Title 4 to clean up out-dated and incorrect references. Ordinance No. 1340 did not incorporate by reference the County's "Barking Dog Ordinance," which had been adopted by the County in November 2006. The City Council determined that additional time was needed to review the success of the County's Barking Dog program and directed Staff to return after six months with additional data so that the Council could review and reconsider adoption of the County's Barking Dog Ordinance. Additional information regarding the Barking Dog program is now available for the Council's consideration. Chapter 2 of Title 4 of the Tustin Municipal Code must be amended to formally adopt the "barking dog" provisions of the County Code before the County will enforce those provisions within the City. ALTERNATIVES 1. The City Council (a) introduce the attached ordinance amending Part 1 of Chapter 2 of Title 4 of the Tustin Municipal Code to adopt by reference the relevant provisions of Division 1 of Title 4 and Divisions 1, 2, and 3 of Title 5 of the Codified Ordinances of the County of Orange relating to animal control, including the "barking dog" provisions; (b) read by title only; and (c) set a public hearing for May 6, 2008, to consider the adoption of the proposed ordinance and instruct the City Clerk to notice the public hearing pursuant to law. 2. Take no action. FISCAL IMPACT Enforcement of the Barking Dog Ordinance will be handled by the Orange County Animal Control Services personnel with costs and revenue applied to the City based on usage and citations issued to residents. Barking Dog Ordinance April 15, 2008 Page 2 of 3 BACKGROUND The City contracts with the County for enforcement of animal control regulations. In accordance with the City's agreement with the County, the City has adopted by reference (See Chapter 2 of Title 4 of the Tustin Municipal Code) those portions of the County of Orange animal control regulations enforceable in the City. The Tustin Municipal Code does not explicitly regulate "barking dogs." In order to address complaints regarding disturbances caused by barking dogs in Tustin, Police Department or County Animal Control Services personnel must either rely on voluntary compliance or pursue criminal enforcement proceedings against dog owners. During the past four years, Tustin Police Department personnel have responded to 280 barking dog calls for service (65 calls in 2007). On November 21, 2006, the County of Orange adopted a "Barking Dog Ordinance" (Ordinance 06-011). Ordinance 06-011 established a program within Orange County Animal Care Services designed to deal with complaints regarding disturbance caused by barking dogs through administrative, rather than criminal, measures. The County's Ordinance defines a "barking dog" as one that barks, bays, cries, howls or makes any noise for an extended period of time to the disturbance of any person at any time of day, or night, regardless of whether the dog is physically situated in or upon private property. Such extended period of time shall consist of incessant barking for 30 minutes or more in any 24-hour period, or intermittent barking for 60 minutes or more during any 24-hour period. A dog is not deemed a "barking dog" under the Ordinance if, at any time the dog is barking, a person is trespassing or threatening to trespass upon private property in or upon private property in or upon which the dog is situated, or when the dog is being teased or provoked. The Ordinance provides the County with authority to issue administrative citations for violation of the regulations, and establishes an administrative hearing process for contesting violations and upholding fines. Fines for violation of the ordinance escalate from $250.00 for the first violation up to $403.00 for the sixth violation within a 12 month period. In July 2007, the City Council adopted Ordinance No. 1340 amending the Municipal Code to re-adopt by reference the relevant provisions of Titles 4 and 5 of the County Code concerning animal control and licensing in order to clean up out-dated and incorrect references. Ordinance No. 1340 did not incorporate by reference the County's "Barking Dog Ordinance," however. The City Council postponed adoption of the Barking Dog regulations and program until further community outreach could be conducted and additional data regarding the success of the County's program was collected. The Council directed Staff and Orange County Animal Control Services to return after six months with additional data so that the Council could review and reconsider adoption of the County's Barking Dog program. The County's Barking Dog Program is now being implemented in all unincorporated areas of the County and in the following seventeen (17) cities: • Brea • Cypress Barking Dog Ordinance April 15, 2008 Page 3 of 3 • Fountain Valley • Fullerton • Garden Grove • Huntington Beach • La Palma • Laguna Hills • Lake Forrest • Orange • Placentia • Rancho Santa Margarita • San Juan Capistrano • Stanton • Villa Park • Yorba Linda • Anaheim (pending approval 4/8/08) Since the implementation of the Barking Dog Program, there have been 940 complaints which resulted in 70 citations. Of those citations, 50% have been dismissed and as a result, calls for service have been reduced by one third. Jennifer Phillips, Director of County Animal Care Services, will be present to provide additional information regarding the success of the Barking Dog Program to date and to address any questions the City Council may have. If the City Council does not wish to adopt the County's Barking Dog Program at this time, no action is required. However, if the City Council desires to contract with the County to enforce the Barking Dog Program within the City, it must adopt an ordinance amending Part 1 of Chapter 2 of Title 4 of the Tustin Municipal Code to incorporate by reference the Barking Dog provisions of the County Code. An ordinance incorporating the necessary amendments has been prepared by the City Attorney and is attached hereto. Pursuant to Government Code § 50022.3, the City Council must schedule a public hearing after the first reading of an ordinance adopting portions the County's Code by reference. Due to specific noticing requirements unique to the adoption by reference process, if the City Council desires to proceed with implementing the County's Barking Dog Program in the City, Staff recommends that the City Council introduce the attached ordinance and read by title only, set a public hearing for the May 6, 2008 meeting, and direct the City Clerk to publish notice according to law. SCOTT M. JORDAN Chief of Police JOSEPH P. GARCIA Community Policing Commander Attachments: Proposed Ordinance Orange County Ordinance 06-011 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN AMENDING CHAPTER 2 OF TITLE 4 OF THE TUSTIN MUNICIPAL CODE PERTAINING TO ANIMALS AND FOWL. City Attorney's Summary This Ordinance amends Chapter 2 of Title 4 of the Tustin Municipal Code relating to Animals and Fowl to adopt by reference the relevant provisions of Division 1 of Title 4 and Divisions 1, 2, and 3 of Title 5 of the Codified Ordinances of the County of Orange, subject to certain amendments, including the provisions concerning Barking Dogs. WHEREAS, the City of Tustin contracts with the County of Orange for animal control and shelter services; and WHEREAS, the agreement requires the City to maintain in full force and effect an ordinance identical in intent to the provisions of Article 1 through 10 of Division 1 of Title 4, and Divisions 1, 2, and 3 of Title 5 of the Codified Ordinances of the County of Orange, and other regulations presently adopted by the Orange County Board of Supervisors concerning animal control. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF TUSTIN DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Part 1 of Chapter 2 of Title 4 of the Tustin Municipal Code is hereby amended in its entirety to read as follows: CHAPTER2 ANIMALS AND FOWL PART I COUNTY CODE 4201 Adoption 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: (a) Articles 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 of Division 1 of Title IV; (b) Article 1 of Division 1 of Title V; Page 1 of 8 (c) Subsections (a), (b), (g), (h), (i), (m), and (t) of Section 5-1-29 and Section 5-1-30 of Article 2 of Division 1 of Title V; (d) Article 3 of Division 1 of Title V; (e) Division 2 of Title V; and (f) Article 6 of Division 3 of Title V; (g) Sections 5-3-151, 5-3-154, 5-3-156, and 5-3-157 of Article 12 of Division 3 of Title V; (h) Article 14 of Division 3 of Title V; (i) Article 17 of Division 3 of Title V; and 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 section 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 Tustin 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 Tustin. Three (3) full printed copies of the above specified provisions of the Codified Ordinances of the County of Orange are ordered to be kept on file at the office of the City Clerk of the City of Tustin for public inspection and copies thereof shall be made available for purchase by the public at a price not to exceed the actual cost to the City. 4202 Amendments -Generally The following references set forth in the Codified Ordinances of the County of Orange, referred to in Section 9.04.010 of the Tustin Municipal Code, shall be interpreted as follows: "County of Orange" or "Orange County" or "unincorporated area of Orange County" or "unincorporated territory of Orange County" or "unincorporated area of the County of Orange" shall be deemed to mean "City of Tustin." (a) Section 4-1-8 of the Codified Ordinances of the County of Orange; (b) Section 4-1-10 of the Codified Ordinances of the County of Orange; (c) Section 4-1-70(a) of the Codified Ordinances of the County of Orange; (d) Section 4-1-158 of the Codified Ordinances of the County of Orange; 571084.1 (e) Section 4-1-164 of the Codified Ordinances of the County of Orange; (f) Section 4-1-167 of the Codified Ordinances of the County of Orange; (g) Section 4-1-176 of the Codified Ordinances of the County of Orange; (h) Section 4-1-180 of the Codified Ordinances of the County of Orange; (i) Section 5-1-30 of the Codified Ordinances of the County of Orange; (j) Section 5-1-41 of the Codified Ordinances of the County of Orange; (k) Section 5-2-14 of the Codified Ordinances of the County of Orange; (I) Section 5-3-83 of the Codified Ordinances of the County of Orange; (m) Section 5-3-185 of the Codified Ordinances of the County of Orange. 4203 Same -Public Property Section 4-1-46 of Article 2 of Division 1 of Title IV of the Codified Ordinances of Orange County shall be amended to read as follows: "No person having the charge of any dog, except a blind, deaf or disabled person with his guide dog, signal dog or service dog shall permit said dog to be under any circumstances within public school property or on any public park within the City of Tustin. This section however, does not prohibit the use of dogs on school property for teaching or other uses when approved by the school officials. The term "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." In the event the City Council, by resolution, authorizes dogs to be upon any public park, the provision of this Section shall not be applicable thereto. 4204 Same -Dogs to be curbed Subsection 4-1-50(e) of Article 2 of Division 1 of Title IV of the Codified Ordinances of Orange County shall be amended to read as follows: "(e) Any City park." 571084.1 4205 Same -Definitions Title IV, Division 1, Article 6, Section 4-1-94 paragraph 1 of the Codified Ordinances of Orange County, which in part reads, "The keeping or maintenance of such animals shall also conform to the zoning regulations of Orange County," shall be amended to read as follows: "The keeping or maintenance of such animals shall also conform to the zoning regulations of the City of Tustin." 4206 Same -Definitions Section 5-1-1 of Article 1 of Division 1 of Title V of the Codified Ordinances of Orange County shall be amended to read as follows: "The following terms as used in this title shall, unless the context clearly indicates otherwise, have the respective meanings herein set forth: Animal exhibition means any property where one (1) or more animals are exposed to public view for entertainment, instruction or advertisement, including animal acts. Activities conducted primarily for the instruction or entertainment of the participants for which no public admission is charged, are excluded. Animal rental establishment means a place or facility where animals, other than dogs, cats or equines, are kept or maintained for hire. Board means the Board of Supervisors of the County of Orange. Business means any business, trade, occupation, practice or profession. Commercial means operated or carried on primarily for financial gain. Commercial manure dealer means any person, firm or corporation who, for a fee, gathers, collects, hauls, stockpiles, and spreads or sells any manure or manure- like substance. Commercial stable means any property where equines are sheltered or fed on a commercial basis. County means the County of Orange. Established place of business means the place where any person, firm or corporation conducts any retail or other establishment having a permanent address and being regularly open for business from day to day during ordinary business hours. 571084.1 Garbage means all animal and vegetable refuse or residue from kitchens, canneries, bakeries, restaurants, lunch stands, meat, fish, fruit or vegetable markets and other food handling places, and all household waste or residue that shall result from the preparation or care for or treatment of foodstuffs resulted to be used as food, or shall have resulted from the preparation or handling of food for human consumption or any decayed and unsound meat, fish, fruit and vegetables. Grooming parlor means any premises where animals are groomed, brushed, clipped or bathed on a commercial basis. Kennel means any property where four (4) or more dogs, or four (4) or more cats, over the age of four (4) months, are kept or maintained for any purpose, except veterinary clinics and hospitals, and except property for which an animal permit has been issued pursuant to section 4-1-76. Pecuniary compensation means any commission, fee, gratuity, hire, profit, reward, or any other form of consideration. Person means both the singular and the plural, and shall also mean and include person, individual, firm, corporation, copartnership, association, club, society or any other organization. Pet shop means any person or facility engaged in the sale or trade of live animals, including fish, birds and reptiles, on a commercial basis. Sheriff or Sheriff-Coroner means the Sheriff-Coroner of the County of Orange or his or her designated representative. Show means a carnival, tent show or show 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 two thousand five hundred (2,500) persons." 4207 Same -Licenses or Permits required Section 5-1-29 of Article 2 of Division 1 of Title V of the Codified Ordinances of Orange County shall be amended to read as follows: "It shall be unlawful for any person, firm or corporation to engage in, conduct, manage or carry on animal exhibitions, animal rental establishments, commercial stables, grooming parlors, kennels, or pet shops within the City of Tustin for animal care services without first having obtained a permit or license from the County in accordance with Divisions 2 and 3 of this title." 571084.1 4208 Same -Issuing officer Section 5-2-1 of Article 1 of Division 2 of Title V of the Codified Ordinances of Orange County shall be amended to read as follows: "All licenses or permits issued pursuant to this title shall be issued by the issuing officer, who, in the case of license or permits for animal exhibitions, animal rental establishments, kennels, grooming parlors, commercial stables, and pet shops shall be the County Health Officer, and in all other cases shall be the Sheriff, unless otherwise specified." 4209 Same -Fees Section 5-2-3 of Article 1 of Division 2 of Title V of the Codified Ordinances of Orange County shall be amended to read as follows: "The Board of Supervisors shall provide by resolution the amount of each fee to be charged for each application, license or permit. Such fee shall be payable in accordance with the resolution and shall not be refundable." 4210 Penalties (a) Any person who violates any provisions of this Chapter 2, Article 4 shall be guilty of an infraction, except as otherwise provided in subsections (b), (c), and (d), below; (b) Any person who violates any provision of sections 4-1-48, 4-1-51, or 4-1-95 of Division 1 of Title IV the Codified Ordinances of Orange County is guilty of a misdemeanor. Moreover, any person who violates any other provisions of Division 1 of Title IV the Codified Ordinances of Orange County and the violation occurs within one (1) year of the occurrence of two (2) separate violations of this division by that person is guilty of a misdemeanor. (c) Failure to register as a commercial manure dealer as provided in Article 14 of Division 3 of Title V of the Codified Ordinances of Orange County shall constitute a misdemeanor punishable, upon conviction thereof, by a fine not exceeding five hundred dollars ($500.00) or one hundred (100) days imprisonment in the County Jail, or by both such fine and imprisonment. (d) Barking dog civil fines. Fines for violating the provisions of Subarticle 1 of Article 2 of Division 1 of Article IV of the Codified Ordinances of Orange County shall be as follows: (i) Fine for First Barking Dog Violation Citation Issued (Per Citation): $250.00 571084.1 (ii) Fine for Second Barking Dog Citation within Same 12-Month Period (Per Citation): $275.00 (iii) Fine for Third Barking Dog Citation within Same 12-Month Period (Per Citation): $303.00 (iv) Fine for Fourth Barking Dog Citation within Same 12-Month Period (Per Citation): $333.00 (v) Fine for Fifth Barking Dog Citation within Same 12-Month Period (Per Citation): $366.00 (vi) Fine for Sixth and Subsequent Barking Dog Citations Issued within Same 12-Month Period (Per Citation): $403.00 In the event that a fine imposed under the authority granted by said Subarticle 1 of Article 2 of Division 1 of Article IV remains unpaid for fifteen (15) 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 as required at the conclusion of the hearing, or other time for payment determined by the Hearing Officer. 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 ($1,000) or by imprisonment in the County jail for a period of not more that six (6) months or by both such fine and imprisonment. 4211 Continuation of Prior Ordinances The repeal of ordinances or parts of ordinances effectuated by the enactment of this Chapter shall not be construed as abating any actions now pending under or by virtue of such ordinances or as discontinuing, abating and modifying or altering any penalty accrued or to accrue or as affecting the liability of any person, firm or corporation or as waiving any right of the municipality under any section or provisions existing at the time of the passage of this chapter. 4212 Fee Schedule for Animal Shelter and Animal Control Services The fee schedule for animal shelter and animal control services shall be established by resolution of the City Council as adopted from time to time. 571084.1 ection 2. Severability. If any section, subsection, subdivision, sentence, clause, phrase, word 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 remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, word or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, words or portions thereof be declared invalid or unconstitutional. Section 3. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law and this Ordinance shall take effect thirty (30) days after passage. PASSED AND ADOPTED THIS 17TH DAY OF JULY, 2007. AYES: NOES: ABSTAIN: ABSENT: JERRY AMANTE, MAYOR ATTEST: Pamela Stoker, City Clerk 571084.1 ORDINANCE N0.06-011 2 AN ORDINANCE AMENDING AND ADOPTING DESIGNATED SECTIONS OF DIVISION 1 OF TITLE 4 3 OF THE CODIFIED 0~ ROL, WE O ARE AND LICENSE REQUIREMENTS PERTAINING TO ANIMAL 4 5 The Board of Supervisors of the County of Orange, California, ordains as follows: 6 SECTION 1: Section 4-1-3 of the Codified Ordinances of the County of Orange is hereby amended to read as follows: 8 ~ ~ Sec. 4-1-3. Definitions (B). 9 Barking dog means a dog that barks, bayans, time of day or n ghts regazdless of whethernthe dog sd o 10 time to the disturbance of any person at y physically situated in or upon private property. Such extended period of time shall consist of incessant l l bazking for 30 minutes or more in any 24-hour period, or intermittent barking for 60 minutes or more during any 24-hour period. A dog shall not be deemed a "barking dog" for purposes of this Article if, at 12 is barkin a person is trespassing or threatening to trespass upon private property in or any time the dog g~ 13 upon which the dog is situated, or when the dog is being teased or provoked. 14 SECTION 2: Subarticle ] of Article 1 read as followsf Title 4 of the Codified Ordinances of the County of Orange is hereby adopted, and shal 15 16 Subarticle 2. Barking Dog Violation and Civil Fine. 17 licabili Sec.4-1-59.1. App h'• l 8 (a) Notwithstanding section 4-1-48 of this Code, this subarticle makes any violation for keeping, 19 maintaining, or permitting a barking dog as defined in section 4-1-3 subject to civil fine. 20 (b) This Subarticle establishes the administrative procedures for the imposition, enforcement, collection, and administrative review of civil fines for barking dog violations pursuant to Government 21 Code section 53069.4 and the County's plenary police power. (c) The issuance of a civil citation under this subarticle is solely at the County's discretion and ~s one 22 23 option the County has to address barking dog violations. By adopting this subarticle, the County does not intend to limit its discretion to uti14-1.45 other remedy, civil or criminal, including those public 24 nuisance remedies set forth in section 25 (d) The purpose of issuing civil citations pursuant to this Subarticle is to encourage voluntary and 26 complete compliance with the provisions of this Code and to eliminate nuisances for the protection and benefit of the entire community. 27 SECTION 3: Section 4-1-59.2 of the Codified Ordinances of the County of Orange is here y 28 adopted, and shall read as follows: -1- 2 3 4 S 6 7 9 10 Il 12 13 14 IS 16 17 18 19 20 21 22 23 24 25 26 27 28 Sec. 4-1-59.2. Definitions. The following definitions apply to the use of these terms for the purposes of this subarticle: (a) Animal Care Services means the department within Orange County Health Caze Agency authorized to perform the functions described in sections 4-1-1 through 4-1-180 of this Division and any other ordinance or law that delegates such authority to the Animal Care Services department or its director. (b) County means the County of Orange. (c) Civil citation means a notice issued pursuant to this subarticle that there has been a violation of this subarticle. (d) Day or days as used in this Article shall mean calendar day or calendar days, respectively, unless otherwise expressly provided. The time in which any act provided by law is to be done is computed by excluding the first day and including the last, unless the last day is a holiday, and then it is also excluded. (e) Director means the Health Care Agency Animal Care Services Director, or his or her designee. (f) Enforcement Officer means any Animal Care Services employee or agent designated in writing by the Director. (g) Hearing Off cer means a person appointed by the County Executive Officer or designee to serve as a Hearing Officer for administrative hearings. (h) Issued means giving a civil citation to a violator. Issuance occurs on the date when a barking dog civil citation is personally served on the violator, or the date it is mailed to the property where the barking dog is located or where the barking dog violation occurred, or the date the citation is posted in a conspicuous place either on the property where the barking dog is located or where the barking dog violation occurred. When service is made by posting, the barking dog citation shall also be mailed within 24 hours of posting to any address known for the violator. (i) Notice of decision means a form used by a Hearing Officer to inform a violator and/or complainant of an administrative hearing decision regarding provisions of this subarticle. (j) Owner means any person who possesses, has title to or an interest in, harbors or has control, custody or possession of a dog, and the verb forms of "to own" shall include all those shades of meaning. (k) Responsible Person. A Responsible Person may also be referred to as a "violator" herein. A Responsible Person is any of the following: (1) A person who allows a barking dog violation to exist, whether through willful action, failure to act, or failure to exercise proper control over a barking dog. -2- 2 4 6 7 8 9 l0 11 12 13 ]4 15 ]6 17 18 19 20 21 22 23 24 25 26 27 28 (2) A person whose agent, employee, or independent contractor allows a barking dog violation to exist, whether through willful action, failure to act, or failure to exercise proper control over a barki~ dog. (3) A person who is the owner of, and a person who is a lessee or sublessee with the current right of possession of, real property in or upon which a barking dog violation occurs. (4) For purposes of this subarticle, "person" includes a natural person or legal entity, and the owners, majority stockholders, corporate officers, trustees, and general partners of a legal entity. (5) For the purposes of this subarticle, there may be more than one Responsible Person for a barking dog violation, and a minor at least 14 years of age may be a Responsible Person subject to the provisions of this subarticle. SECTION 4: Section 4-1-59.3 of the Codified Ordinances of the County of Orange is hereby adopted, and shall read as follows: Sec. 4-1-59.3. Barking dog citation -- general. (a) Any Enforcement Officer has the authority to issue a civil citation to any Responsible Person for a barking dog violation that the Enforcement Officer did not see or hear occur based on a complaint, signed under penalty of perjury, lodged by a member of the community who has been disturbed by the barking dog. A Responsible Person to whom a civil citation is issued shall be liable for and shall pay to the County the fine or fines described in the barking dog citation when due. Where the Responsible Person is a minor under the age of eighteen (] 8) years, the minor's parents or legal guardian shall be liable for and held responsible for payment of their minor child's citation fines and/or late penalties. In any case, the Responsible Person (by his/her parents when the Responsible Person is under the age of eighteen) shall have the right to appeal the issuance of the citation pursuant to the provisions of this subarticle. (b) Prior to issuing a civil citation for a barking dog, the Responsible Person shall be given a l 0-day period within which to correct the problem. (c) Each day a barking dog violation exists beyond the initial 10-day period allowed for correction shall be a separate violation and be subject to a separate citation and fine. A barking dog civil citation may include a violation for one (1) or more days on which a violation exists, and for violation of one (1) or more Code sections. SECTION 5: Section 4-1-59.4 of the Codified Ordinances of the County of Orange is hereby adopted, and shall read as follows: Sec. 4-1-59.4. Barking dog citation contents. Each barking dog citation shall contain the following information: -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 l7 18 19 20 21 22 23 24 25 26 27 28 (a) Date on which a complaint or personal inspection established the barking dog violation(s). (b) Name of the Responsible Person for the barking dog violation(s) (if known). (c) Address where the barking dog violation(s) occurred. (d) The Code section(s) violated. (e) Whether the violation(s) were established by inspection or by complainant. (f) Amount of the fine for the violation(s) and procedure to pay the fine to avoid a late payment penalty. (g) Designation of prior civil citations issued for the same Code violation(s), if known by the Enforcement Officer. (h) Notification of an assigned administrative hearing date, time and location where the civil fine may be contested. (i) Description of the procedure for requesting a continuance of the assigned administrative hearing. (j) A notice that a barking dog violation is a nuisance and that collection of unpaid fines and/or penalties can result in additional fines, penalties and/or imprisonment in the County jail. (k) Signature of the Enforcement Officer who issued the barking dog citation and/or civil fine. (1) Date upon which the barking dog citation and/or civil fine was issued. (m) Proof of service to be completed by the Enforcement Officer indicating whether citation was issued by personal service, by mail, or by posting in a conspicuous place on the property where the barking dog violation occurred. (n) Aself-addressed envelope in which the violator can mail the civil fine to the County if the citation is not contested. (o) Any other information deemed necessary by the Enforcement Officer for enforcement or collection purposes. SECTION 6: Section 4-1-59.5 of the Codified Ordinances of the County of Orange is hereby adopted, and shall read as follows: Sec. 4-1-59.5. Service of barking dog citation. A barking dog citation may be served as follows: -4- 4 6 9 10 11 12 13 14 l5 l6 17 18 19 20 21 22 23 24 25 26 27 28 (a) An Enforcement Officer may personally serve the barking dog citation on the Responsible Person. The Responsible Person shall be requested to sign a copy of the citation showing his or her receipt of th citation and notice of the Responsible Person's right to an administrative hearing. Signing the citation shall not constitute an admission of guilt. (b) An Enforcement Officer may mail the civil citation by certified mail, return receipt requested, if the property owner and/or occupier's name is known but the violator is not present when personal service is attempted. The citation shall be mailed to the address where the barking dog violation occurred. (c) An Enforcement Officer may post a copy of the barking dog citation in a conspicuous place on the property where the barking dog violation occurred if the property owner and/or occupier's name is unknown. In this event, the citation shall also be mailed addressed to the owner of the property where the barking dog violation occurred as reflected on the County's property tax rolls. A copy of the citation shall also be mailed within 24 hours of posting the citation addressed to "Resident" at the address where the barking dog violation occurred. SECTION 7: Section 4-]-59.6 of the Codified Ordinances of the County of Orange is hereby adopted, and shall read as follows: Sec. 4-1-59.6. Amount of barking dog civil fines. Fines for violating the provisions of this subarticle shall be as follows: Fine for First Barking Dog Violation Citation Issued (Per Citation): $250.00 Fine for Second Barking Dog Citation within Same 12-Month Period (Per Citation): $275.00 Fine for Third Barking Dog Citation within Same l2-Month Period (Per Citation): $303.00 Fine for Fourth Barking Dog Citation within Same 12-Month Period (Per Citation): $333.00 Fine for Fifth Barking Dog Citation within Same 12-Month Period (Per Citation): $366.00 Fine for Sixth and Subsequent Barking Dog Citations Issued within Same 12-Month $403.00 Period: (Per Citation) Any Fine Not Paid within Fifteen (15) Days of Due Date Shall Be Calculated As Follows: The Amount of the Appropriate Fine Listed Above Added to a Late Penalty in the Same Amount as the Fine Such that the Total Amount Due is Double the Unpaid Fine Amount. SECTION 8: Section 4-1-59.7 of the Codified Ordinances of the County of Orange is hereby adopted, and shall read as follows: Sec. 4-1-59.7. Payment of barking dog civil fines. (a) After receiving a barking dog violation citation, a violator may respond by either of the following methods: -5- 2 3 4 5 6 7 9 l0 11 12 13 14 15 l6 17 18 19 20 21 22 23 24 25 26 27 28 (1) The violator may choose to correct the barking dog violation and pay the barking dog ~ citation fine without contesting the fine in an administrative hearing. In that event, payment of the citation fine must be received by the Director prior to the date assigned for administrative hearing as noted in the citation. Payment shall be made by enclosing the fine amount by check or money order in the self-addressed envelope attached to the civil citation and mailing the envelope to the Director by U.S. first class mail, postage prepaid. The Director may authorize payment to be made in accordance with any other method, at any location within the County, or to any address. (2) A violator may choose to appear at an administrative hearing on the assigned administrative hearing date contained in the citation. In that event, the fine is due and payable to the Hearing Officer at the conclusion of the hearing if the Hearing Officer upholds the barking dog citation. The Hearing Officer may allow the violator an additional period of time within which to pay the fine if, in the Hearing Officer's sole discretion, such additional time for payment is necessary. (b) To avoid a late penalty, fines for barking dog violations must be received by the Director within fifteen (15) days of the date they are due as specified in subparagraph (a)(1) or (a)(2) above. (c) Payment of a fine shall not excuse the violator from correcting the barking dog violation. The issuance of a barking dog citation and/or payment of a fine shall not bar the County from taking any other enforcement action regarding a barking dog violation that is not corrected, including issuing additional barking dog citations and/or criminal complaints. (d) In the event that a fine imposed under the authority granted by this subarticle remains unpaid for fifteen (l5) days after it is due and payable pursuant to subparagraph (a)(1) or (a)(2) above, 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 as required at the conclusion of the hearing, or other time for payment determined by the Hearing Officer. SECTION 9: Section 4-]-59.8 of the Codified Ordinances of the County of Orange is hereby adopted, and shall read as follows: Sec. 4-1-59.8. Administrative hearing. (a) Any person who receives a barking dog citation may contest it by appearing at the assigne administrative hearing date, time and location noted on the barking dog citation. A violator may come; the barking dog citation by denying that a violation occurred, by denying that it was not corrected withi the original lOday correction period, if applicable, or by denying that the violator is a Responsib'. Person for the violation. (b) If the citation fine is not paid prior to the assigned date and time of the administrative hearing noted on the barking dog citation, the violator must personally attend the administrative hearing on thi date, time and place specified. A failure to personally appear at the administrative hearing shag constitute an abandorunent of any defense the violator may have to the barking dog citation. -6- SECTION 10: Section 4-1-59.9 of the Codified Ordinances of the County of Orange is hereby adopted, and shall read as follows: 2 4 6 9 10 11 12 13 14 IS 16 l7 l8 19 20 2l 22 23 24 25 26 27 28 Sec. 4-1-59.9. Hearing procedures. a) Hearings shall be conducted by a Hearing Officer either: (i) on the date, time and place specified in the barking dog citation, or (ii) on the date assigned when a continuance pursuant to section 4-1-59.9(f) below has been granted. The violator and complainant shall be notified of the assigned hearing date, time and location by the Director or his/her designee. (b) The Director or his/her designee will provide all pertinent documents and records in the possession of Animal Care Services related to the barking dog citation are delivered to the Hearing Officer. (c) The violator and complainant shall be given the opportunity to testify and to present evidence relevant to the barking dog citation. A parent or legal guardian of a violator who is a juvenile, under eighteen (l 8) years of age, must accompany the juvenile to the hearing or the administrative hearing will be deemed abandoned by the violator. Such abandonment shall also constitute a failure to exhaust administrative remedies concerning the violation set forth in the barking dog citation. (d) The citation itself and accompanying complainant's affidavit signed under penalty of perjury attesting to the barking dog violation provided to the Hearing Officer shall be accepted by the Hearing Officer as prima facie evidence of the violation and the facts stated in such documents. (e) Neither the Enforcement Officer nor any other representative of the County shall be required to attend the hearing. However, any such appearance and/or additional submission may be made at the discretion of the Enforcement Officer or any other Animal Care Services employee. (f) The Director may continue a hearing once if a request for continuance is made showing good cause by a violator, a complainant, or a representative of the County. A Hearing Officer may also continue a hearing upon his or her own motion. All continuance requests shall either: (i) be made in person at the hearing, or (ii) be made by a written request received by the Director via a-mail, facsimile or letter at least one week (7 days) prior to the hearing date. If a continuance is granted, the parties will be notified, and a new hearing date shall be scheduled that is within fourteen (14) days of the date on which the continued hearing was first scheduled to take place. If the request for continuance is denied, the parties will be notified, and the hearing shall proceed as originally scheduled. If the violator or complainant is not present on an assigned hearing date and no continuance of the hearing has been granted, the hearing shall be deemed abandoned or dismissed in accordance with subsection (i) below. (g) The hearirig shall be conducted informally and the legal rules of evidence need not be followed. (h) The Hearing Officer does not have the authority to issue a subpoena or subpoena duces tecum. (i) The failure of the violator to appear at the hearing, unless the hearing was continued per subsection (f) above, shall constitute an abandonment of the administrative hearing, and a failure to exhaust administrative remedies concerning the violation set forth in the barking dog citation. The violator's failure to appear shall be noted on the notice of decision completed by the Hearing Officer and mailed t. the violator and complainant. The failure of the complainant to appear at the hearing, unless the hearing was continued per subsection (f) above, shall constitute an abandonment of the complaint and shall be -7- grounds for a dismissal of the barking dog citation. The complainant's failure to appear shall be noted on the notice of decision completed by the Hearing Officer and mailed to the violator and complainant. 2 3 4 5 6 7 9 l0 11 12 l3 14 l5 16 17 18 19 20 2l 22 23 24 25 26 27 28 SECTION 11: Section 4-1-59.10 of the Codified Ordinances of the County of Orange is hereby adopted, and shall read as follows: Sec. 4-1-59.10. Administrative hearing decision. (a) After considering all the evidence and testimony submitted at an administrative hearing, the Hearing Officer shall issue a written decision to the violator and complainant to uphold or to dismiss the barking dog citation based upon a conclusion of whether or not a violation occurred for which the violator was a Responsible Person. The Hearing Officer's decision is final. The Hearing Officer has no discretion or authority to reduce the amount of a fine. (b) If the Hearing Officer's decision is to uphold the barking dog citation, the civil fine imposed for the violation shall be due at the conclusion of the administrative hearing, or at some other time as directed by the Hearing Officer. If the decision is to dismiss the barking dog citation, the civil fine shall no longer be due and payable. (c) The Hearing Officer's continued employment, performance evaluation, compensation, and benefits shall not directly or indirectly be linked to the amount of citations upheld or dismissed, or the amount of fines upheld, by the Hearing Officer. SECTION 12: Section 4-l -59.11 of the Codified Ordinances of the County of Orange is here adopted, and shall read as follows: Sec. 4-1-59.11. Right to judicial review. (a) A Responsible Person may seek judicial review of the administrative hearing decision by filing an appeal with the Superior Court within twenty (20) calendar days after the Responsible Person receives a copy of the notice of decision at the conclusion of the hearing in accordance with the provisions of California Government Code Section 53069.4. The appeal filed with the court must also contain a proof of service showing that a copy of the appeal was served upon "Clerk of the Board of Supervisors, County of Orange, Robert E. Thomas Hall of Administration Building, 10 Civic Center Plaza, Room 465, Santa Ana, California 92702." The Responsible Person must pay the appropriate Superior Court filing fee when the appeal is filed. (b) No judicial appeal is permitted where a violator has failed to appear at an assigned administrative hearing, or is deemed to have abandoned the contest of the barking dog citation by an unexcused nonappearance at the hearing, or where a citation has been dismissed by a Hearing Officer because a complainant has failed to appear at an assigned administrative hearing. SECTION 13: Section 4-l -59.12 of the Codified Ordinances of the County of Orange is hereby adopted, and shall read as follows: Sec. 4-1-59.12. Collection of unpaid fines. -8- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (a) The County at its discretion may pursue any and all legal and equitable remedies for the collectio of unpaid fines and ltal finesltand laters enalt es owed by a violato sunder thisesubarticle have bee remedies until the to P collected. (b) Failure to timely remit payment of a citation fine and/or late penalty authorized under section 4-1- 59.7(d) above 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 pursuant to section 1-1-34 punishable by a fine of not more than one thousand dollars ($1,000) or by imprisonment in the Count) jail for a period of not more than six (6) months or by both such fine and imprisonment. -9- This ordinance shall take effect and be in full force thirty (30) days from and after its passage and before the expiration of fifteen (IS) days after the passage thereof, shall be published once in an adjudicated newspaper in the County of Orange. THE FOREGOING was PASSED and ADOPTED by the following vote of the Orange County Board of Supervisors on November 2l, 2006, to wit: AYES: Supervisors: THOMAS W. WILSON, LOU CORREA, JIM SILVA CHRIS NORBY, BILL CAMPBELL NOES: EXCUSED: ABSTAINED: ~~ CHAIRMAN STATE OF CALIFORNIA ) ss: COUNTY OF ORANGE ) I, DARLENE J. BLOOM, Clerk of the Board of Orange County, California, hereby certify that a copy of this document has been delivered to the Chairman of the Board and that the above and foregoing Ordinance was duly and regularly adopted by the Orange County Board of Supervisors. IN WITNESS WHEREOF, I have hereto set my hand and seal. ~' ENE J. BLOOM Clerk of the Board. County of Orange, State of California Ordinance No.: 06-01 l Agenda Date: I ]/2l/2006 Item No.: 41 I certify that the foregoing is a true and correct copy of the Ordinance adopte y the Board of S tsors ,Orange County, State of Califonry~ DARLENEyj$LS:OM, Cl the Board of Supervisors By:.