HomeMy WebLinkAbout03 ANIMAL CONTROL REG. ORD 07-03-07• Agenda Item 3
AGENDA REPORT Reviewed:
~ City Manager
Finance Director NIA
MEETING DATE: JULY 3, 2007
TO: WILLIAM A. HUSTON, CITY MANAGER
FROM: SCOTT M. JORDAN, CHIEF OF POLICE
DOUGLAS C. HOLLAND, CITY ATTORNEY
SUBJECT: PUBLIC HEARING AND AMENDING MUNICIPAL CODE PROVISIONS
ADOPTING COUNTY ANIMAL CONTROL REGULATIONS BY
REFERENCE TO CLEAN UP OUT-DATED AND INCORRECT
REFERENCES.
SUMMARY
Pursuant to the City's agreement with the County of Orange for enforcement of animal control
regulations in the City, the City Council previously adopted the provisions in Titles 4 and 5 of
the County Code concerning animal control and licensing by reference into the City's
Municipal Code. Since the City last went through this statutory incorporation by reference
process in 1980, Titles 4 and 5 of the County Code have been amended and reorganized.
RECOMMENDATIONS
The City Council hold a public hearing and adopt 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.
FISCAL IMPACT
None.
BACKGROUND
A. Update and Clean-Up to Adopt Current County Animal Control Regulations
The City contracts with the County for enforcement of animal control, welfare, and licensing
regulations in the City. The City's agreement with the County 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. Historically, the City has adopted the pertinent
provisions of Titles 4 and 5 the County Code by reference into the Tustin Municipal Code,
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subject to certain amendments necessary to ensure consistency with the rest of the Municipal
Code. (See Part 1 of Chapter 2 of Title 4 of Tustin Municipal Code) Government Code §§
50022.0-50022.9 establish certain procedures that must be followed by a city for effective
adoption of portions of a county's code and subsequent amendments by reference. The City
last went through this statutory incorporation by reference process with respect to the County
animal control and licensing regulations in 1980.
Since the City last adopted the pertinent provisions of the County Code by reference in 1980,
Titles 4 and 5 of the County Code have been amended and reorganized. As a result, the
regulations adopted by the City in 1980 are out of date. In addition, many of the cross-
references to the County Code set forth in Chapter 2 of Title 4 of the City's Municipal Code
are no longer correct and, technically, include certain County regulations unrelated to animals
or animal control that, in some cases, duplicate or contradict similar regulations in the City's
Municipal Code (i.e., massage regulations, security system regulations, peddler/solicitor
regulations, and other types of businesses the County regulates through licensing).
Therefore, in accordance with the City's agreement with the County and the applicable
Government Code provisions governing a city's adoption of county code provisions by
reference, the City Attorney recommends that the City Council adopt an updated ordinance
amending Part 1 of Chapter 2 of Title 4 of the Tustin Municipal Code to formally adopt by
reference the current relevant provisions of the County Code concerning animal control
enforceable in the City.
The current provisions of the City's Code concerning animal control include regulations
regarding barking dogs that can be enforced through criminal sanctions. The proposed
ordinance would incorporate by reference the County's "Barking Dog Ordinance" (Orange
County Ordinance No. 06-011), which was adopted on November 21, 2006. The County's
new "Barking Dog" ordinance establishes a program within. Orange County Animal Care
Services to deal with complaints regarding disturbance caused by barking dogs through
administrative, rather than criminal, measures.
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SCOTT M. JO AN
Chief of Police
JOSEPH P. GARCIA
Community Policing Commander
~i~%~~~2~- ~1'~
DOUGLAS C. HOL
City Attorney
Attachments: Proposed Ordinance
538144.1
ORDINANCE N0.
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 recently adopted by the County.
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
Oran e, and other re ulations presently adopted by the Orange County Board of
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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:
CHAPTER 2
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
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(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;
Sections 5-3-151, 5-3-154, 5-3-156,, and 5-3-157 of Article 12 of Division 3
(g)
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
Count of Oran e, California, as well as such other regulations adopted by the Board of
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Su ervisors concerning animal control, including those which relate to fees, are adopted
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b reference under the authority of section 50022.1 through 50022.9 of the Government
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Code of the State of California and made a part hereof as though fully set forth herein
as art of the Tustin Municipal Code and the same are hereby established and adopted
p .. ..
as the rules, regulations, provisions and conditions to be observed and followed to
overn animal control, welfare and license requirements in the City of Tustin. Three (3)
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full ranted copes of the above specified provisions of the Codified Ordinances of the
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Count of Orange are ordered to be kept on file at the office of the City Clerk of the City
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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
Oran e, referred to in Section 9.04.010 of the Tustin Municipal Code, shall be
g
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;
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(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 asset 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."
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
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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
Oran e County shall be amended to read as follows:
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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 artici ants for which no public admission is charged, are excluded.
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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 dealermeans any person, firm or corporation who, for a fee,
athers, collects, hauls, stockpiles, and spreads or sells any manure or manure-
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like substance.
Commercial stable means any property where equines are sheltered or fed on a
commercial basis.
Countymeans 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.
Garba e means all animal and vegetable refuse or residue from kitchens,
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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
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be used as food, or shall have resulted from the preparation or handling of food
for human consum tion or an decayed and unsound meat, fish, fruit and
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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 X2,500) 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."
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:
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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 char ed for each a lication, license or permit. Such fee shall be payable in
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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 Barkin do civil fines. Fines for violatin the provisions of Subarticle 1 of
() g 9 g
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
(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
529193.2
(iv). Fine for Fou~h 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 affectuated by the enactment of
this Cha ter shall not be construed as abating any actions now pending. under or by
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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.
Section 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
529193.2
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 DAY OF , 2007.
AYES:
NOES:
ABSTAIN:
ABSENT:
LOU BONE, MAYOR
ATTEST:
Pamela Stoker, City Clerk
529193.2
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TITLE 4
HEALTH SANITATION AND A1ITIMAL REGULATIONS
Division 1. Animal Control, Welfare and License Requirements, Arts.1-11
Division 2. Disease Control, Art. l
Division 3. Sewage and Solid Waste Disposal, Arts.1--4
Division 4. Food and Sanitation, Arts. 1-4
Division 5. Water Conservation, Arts. 1, 2
Division 6. Noise Control, Art. l
Division 7. Regulations Pertaining to Public Smoking, Arts.1-8
Division 8. Farm Labor Camps, Art.1
Division 9. Ambulance Service, Art. l
Division 10. Air Quality, Art. l
Division 11. Orange County Health Authority, Arts. 1-3
Division 12. Tattooing Establishment and Operation Regulations, Art. l
Division 13. Stormwater Management and Urban Runoff-County Regulations,
Arts. 1--9
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Supp. No. 81 1173
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Division 1
ANIMAL CONTROL, WELFARE AND LICENSE REQUIREN[ENTS
Article 1. General, §§ 4-1-1-4-1-44
Article 2. Keeping and Restraint of Dogs and Cats, §§ 4.1-45--4-1-59
Article 3. Rabies Control, §§ 4-1-60--4-1-69
Article 4. Dog Licensing, §§ 4-1-70--4.1-84
Article 5. Cat Licensing, §§ 4.1-85--~4.1-93
Article 6. Dangerous and viaous Animals, §§ 4-1-94--4-1-104
Article 7. Animal Impoundment, §§ 4-1-105-4-1-126
Article 8. Animals Running at Large, §§ 4-1-127-4-1-141
Article 9. Keeping of Livestock, §§ 4-1-142--4-1-153
Article 10. Animal Health, §§ 4-1-154--4-1-190
Article 11. Reserved, §§ 4-1-191-4.1-222
•
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ARTICLE 1. GENERAL*
Sec. 4.1.1. Definitions.
The following terms, as used in this division,
shall have the meanings herein set forth in sec-
tions 4-1-2 through 4-1-27, unless it is apparent
from the context thereof that some other meaning
is intended.
(Ord. No. 2836, § 2, 5-6-75)
Sec. 4-1-2. Definitions (A).
Animal includes, but is not limited to, birds,
fishes, reptiles and nonhuman mammals.
Approved rabies vaccine means a vaccine which
is approved for use in the animal concerned by the
California Department of Health.
Approved research institution means a college,
hospital, university or research laboratory con-
ducting research under humane conditions, if the
Director so finds and certifies in writing.
(Ord. No. 2836, § 2, 5-6-75)
Sec. 4-1-3. Reserved.
Sec. 4.1-4. Definitions (C).
Cat includes domesticated members of the spe-
cies Felis catus; it excludes other members of the
family Felidae.
Commercial means operated or carried on pri-
marily for financial gain.
(Ord. No. 2836, § 2, 5-6-75)
Sec. 4-1-5. Definitions (D).
Dangerous animals means any animal of a
species which presents a threat to the safety of
persons or property, as determined by the Direc-
tor.
Director means the Health Ofl~icer of Orange
County, his agents or deputies.
Dog includes domesticated members of the
species Canis familiaris; it excludes other mem-
bers of the family Canidae.
(Ord. No. 2836, § 2, 5-6-75)
Secs. 4.1-6, 4-1-?. Reserved.
Sec. 4-1-5. Definitions (G).
Garbage means any waste consisting in whole
or in part of animal wastes resulting from the
handling, preparing, cooking and consuming of
food, including the offal from animal carcasses or
parts thereof.
Guard (sentry) dog means any dog utilized, on
a commercial basis, to guard any property within
the unincorporated territory of Orange County,
including guarding against fire or theft or both.
Guide dog means a properly trained dog certi-
fied by a licensed guide (Seeing Eye) dog agency
and actually being used by a blind person.
(Ord. No. 2836, § 2, 5-6-75)
Sec. 4-1-9. Reserved.
Sec. 4-1-10. Definitions (I).
Immediate slaughter shall refer to livestock
shipped to a public stockyard and released there-
*Editor's note-Section 1 of Ord. No. 2836, adopted May 6, 1975, repealed former art. 1, §§ 4-1.1--4-1-6, relating to the
administration and enforcement of div. l and the disposition of dead animals. Said former sections Were derived from Code 1961,
§§ 41.011-41.016. Section 2 of said ordinance enacted a new art. 1 as herein set out.
Supp. No. 81
1175
§ 4-1-10
ORANGE COUNTY CODE
from for slaughter, and also to livestock shipped
to the premises of a firm regularly engaged-in the
slaughter of animals under approved inspection.
Impounded shall mean having been received
into the custody of any animal shelter, or into the
custody of the Director or his authorized agent or
deputy.
In fectious disease means any infectious, conta-
gious or communicable disease sufficiently dan-
gerous to the public health or to the health of
animals within the County of Orange to warrant
putting into effect the provisions of this division
and any rules or regulations adopted pursuant
thereto.
(Ord. No. 283fi, § 2, 5.6-75)
Secs. 4-1-11, 4-1-12. Reserved.
Sec. 4.1.13. Definitions (L).
Livestock means any domesticated poultry, cat-
tle, goats, swine, sheep and equines which are
kept in captivity or under the control or owner-
ship of any person for any purpose.
(Ord. No. 283fi, § 2, 5-6-75)
Sec. 4.1.14. Reserved.
Sec. 4.1.15. Definitions (N).
Neutered means rendered incapable of repro-
duction by physical (surgical alteration or the
implantation of a device) or other means. To be
acceptable, the neutering must be certified to by a
licensed veterinarian.
(Ord. No. 2836, § 2, 5-6-75; Ord. No. 2908, § 1,
5-4-76)
Sec. 4-1.15. Reserved.
Sec. 4.1-17. Definitions (P).
Person means any individual, firm, partner-
ship, corporation, company, society, or associa-
tion, and every ofl'icer, agent or employee thereof.
(Ord. No. 2836, § 2, 5-6-75)
Sec. 4-1.18. Definitions (Q).
Quarantine means the strict confinement of an
animal upon the premises of the owner or else-
where as approved by the Director.
(Ord. No. 2836, § 2, 5-6-75)
Sec. 4.1-19. Reserved.
Sec. 4.1.20. Definitions (S).
§ 4-1-23
Stockyard means any stockyard, corral or prem-
ises wherein public trading in livestock is carried
on, or where yarding, feeding and watering facil-
ities are provided and where Federal, State or
County inspection is maintained for the inspec-
tion of livestock for infectious diseases.
(Ord. No. 2836, § 2, 5-fi-75)
Sec. 4.1.21. Definitions (T).
Il'~berculin test means any test approved by the
United States Department of Agriculture for the
detection of tuberculosis in animals.
(Ord. No. 2836, § 2, 5-6-75)
Sec. 4.1.22. Reserved.
Sec. 4.1-23. Definitions (V~.
(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 lac-
erations 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 do-
mestic 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 ani-
mal 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
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Supp.1V'o. 81 11 ?6
§ 4-1-23 ANIMAL CONTROL, WELFARE AND LICENSE REQUIREMENTS
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 danger-
ous 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.
(Ord. No. 2836, § 2, 5-6-75; Ord. No. 3693, § 1,
3-22-88; Ord. No. 98-15, § 31, 12-8-98)
Secs. 4-1.24-4.1.27. Reserved.
Sec. 4-1.28. Responsibility for administra-
tion.
The Director is charged with the administra-
tion of this division.
(Ord. No. 2836, § 2, 5-6-75)
Sec. 4-1-29. Rules and regulations.
The Board of Supervisors may, by resolution,
promulgate any necessary rules and regulations
for the administration of this division.
(Ord. No. 2836, § 2, 5-6-75)
Sec. 4-1-30. Enforcement.
The Director, his or her duly authorized depu-
ties and agents are hereby empowered and it
shall be their duty to enforce this division and any
statute relating to animal control, unless other-
wise provided by law. Pursuant to Corporations
Code 14503 each of the aforementioned individu-
§ 4-1-34
als shall have the power to issue notices to appear
in court for violations of the aforementioned pro-
visions pursuant to chapter 5c, commencing with
section 853.5 of title 3 of part 2 of the California
Penal Code.
(Ord. No. 2836, § 2, 5-6-75; Ord. No. 04-013, § 1,
10-26-04)
Sec. 4-1.31. Interference.
No person shall interfere with, oppose or resist
any authorized person charged with the enforce-
ment of this division while such person is engaged
in the performance of his duties.
(Ord. No. 2836,. § 2, 5-6-75)
Sec. 4.1-32. Firearms authorized.
Supervisory and senior animal control officers
are authorized to carry loaded rifles, shotguns
and tranquilizer equipment, issued by the County,
while acting in the course and scope of their
employment.
(Ord. No. 2836, § 2, 5-6-75)
Sec. 4-1-33. Disposal of dead animals.
The owner of any animal which dies shall
dispose of the carcass of such animal in a sanitary
manner as prescribed by the Director within
twenty-four (24) hours after said owner has knowl-
edge of the animal's death. The Director shall be
responsible for the disposal of all dead animals
whose ownership cannot be established.
(Ord. No. 2836, § 2, 5-6-75)
Sec. 4-1.34. Violations-Infractions•Misde-
meanor.
(a) Any person who violates any provision of
this division is guilty of an infraction, except as
set forth in subsection (b) of this section.
(b) Any person who violates any provision of
sections 4-1-48, 4-1-51, or 4-1-95 is guilty of a
misdemeanor. Moreover, any person who violates
any other provisions of this division and the
violation occurs within one (1) year of the occur-
rence of two (2) other separate violations of this
division by that person is guilty of a misde-
meanor.
(c) Each day on which a violation occurs or
continues shall constitute a separate offense.
(Ord. No. 3001, § 2, 8-30-77; Ord. No. 3693, § 2,
3-22-88; Ord. No. 04-008, § 1, 6-8-04)
Supp. No. 98 1177
§ 4-1-35 ORANGE COUNTY CODE § ~.l~g
' Sec. 4.1-35. Inspections. such public property grants written permission
for such dog to be on such property without such
The Director, [or] his duly authorized deputies chain or leash.
and agents, are authorized to inspect any build- (Ord. No. 2836, § 3, 6-6-75; Ord. No. 2908, § 1
ing or other property for the purpose of enforcing '
5-4-76)
this division or any statute relating to animal
control.
(Ord. No. 3000, § 2, 8-30-77) Sec. 4-1-46. Public school property; county
parks and public beaches.
Sec. 4-1-36. Complaints.
Upon receiving a complaint from any person
alleging a violation of this division and upon
receiving the name and address of the owner
and/or custodian of the animal, if known, an
investigation to determine whether a violation
exists may be made. If the investigation discloses
a violation of this division, prosecution may be
initiated against the owner and/or custodian.
(Ord. No. 3693, § 4, 3-22-88)
Secs. 4-1.3'1-4-1.44. Reserved.
No person having the charge of any dog, except
a blind, deaf or disabled person with lus guide
dog, signal dog or service dog, shall permit said
dog to be under any circumstances within public
school property, the County Park known as Upper
Newport Bay, or any public beach. This section,
however, does not prohibit the use. of dogs on
school property for teaching or other school uses
when approved by the school officials.
In the event the Board of Supervisors, by
resolution, authorizes dogs to be upon any public
beach, the provisions of this section shall not be
applicable thereto.
ARTICLE 2. KEEPING AND RESTRAINT
OF DOGS AND CATS*
Sec. 4-1.45. Restraint of dogs.
No person owning or having charge, care, cus-
tody, 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 appro-
priatephysical 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, cus-
tody, 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
*Editor'svote-Section 1 of Ord. No. 2836, adopted May
6,1975, repealed former art. 2, §§ 4-1-17-4-1-21, 4-1-27-4-
1-31 and 4-1-37-4-1-41, relative to animal licenses, and
derived from Code 1961, §§ 41.021-41.0215. Section 3 of said
ordinance enacted a new art. 2, §§ 4-1-45-4-1-50, as herein
set out.
The terms "guide dog," "service dog," and. "sig-
nal dog" in this section shall be ,given the same
meaning as set forth i.n Penal Code Section 3fi5.5.
(Ord. No. 2836, § 3, 5-6-75; Ord. No. 2908, § ~,
5-4-76; Ord. No. 98-15, § 32, 12-8-98}
Sec. 4-1.47. Female cats and dogs in season
to be confined.
Every person owning or having charge of any
female cat or dog shall strictly confine such ani-
mal du.~-ing its breeding season (i.e., while it is in
heat) in a building or other enclosure adequate to
keep such cat or dog confined.
(Ord. No. 2836, § 3, 5-6-75)
Sec. 4-1-48. Nuisance.
(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 num-
ber of persons, although the extent of
annoyance or damage may differ, or
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Supp. No. 98 1178
§ 4-1-48 ANIMAL CONTROL, WELFARE AND LICENSE REQUIREMENTS
(3) Which interferes with any person in the
reasonable and comfortable enjoyment of
life or property.
(b) Violation of the noise standards set out in
section 4-6-5 shall be treated as a violation of this
section. .
(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 measure-
ment 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 nui-
sance.
(fj 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.
(Ord. No. 2836, § 3, 5-6-75; Ord. No. 2908, § 1,
5-4-76; Ord. No. 04-009, § 1, 6-8-04)
Sec. 4-1.49. Private property.
No person, owning or having care, custody, or
control of any animal, shall permit, either will-
fully or through failure to exercise proper control,
•
§ 4-1-49
Supp. No. 98 1178.1
n
LJ
§ 4-1-49 ANIMAL CONTROL, WELFARE AND LICENSE REQUIREMENTS
such animal to trespass or be upon any private
property of another person without the consent of
such person.
(Ord. No. 2836, § 3, 5-6-75; Ord. No. 2908, § 1,
5-4-76)
Sec. 4-1-50. Dogs to be curbed.
A person having custody of any dog shall not
permit, either willfully or through failure to exer-
cise 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 imme-
diately 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 County park or beach.
The person having custody of any dog shall im-
mediately remove any feces deposited by such
dog.
(Ord. No. 2836,. § 3, 5-6-75)
Sec. 4-1-51. Public protection from dogs.
(a) Dog owners and custodians of dogs shall, at
all times, take all reasonable precautions to pre-
venttheir dogs from biting, attacking or attempt-
ing tobite 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.
(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 viola-
tion 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
Supp. No. 81
1179
§ 4-1-61
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.
(Ord. No. 3693, § 5, 3-22-88}
Secs. 4-1.52-4-1-59. Reserved.
A,R,TICLE 3. RABIES CONTROL*
Sec. 4-1.60. Dog vaccination required.
Every person owning or harboring a dog four
(4) months of age or older, for fifteen (15) days or
more, shall, if not currently vaccinated; have such
dog vaccinated against rabies by a licensed vnter-
inarianwith avaccine approved by the California
Department of Health. By obtaining an antirabies
deferment from a licensed veterinarian, and upon
approval of the Director, dogs that are ill may be
given temporary deferment from rabies vaccina-
tion requirements; old age of the dog, however,
shall not be a basis for such deferment. Such a
deferred dog shall be vaccinated within ten (10)
days of the conclusion of the deferment period.
(Ord. No. 283fi, § 3, 5-6-75; Ord. No. 2908, § 1,
5-4-76)
Sec. 4-1.61. Quarantine.
The State Director of Health has declared
Orange County a rabies area. The Director is
authorized under State law to quarantine sus-
pected rabid animals. The Director or his autho-
rized agent is hereby empowered to enter upon
any private property, including the home or resi-
dence where the animal is kept or has strayed, to
inspect, and if necessary, to seize and impound
any animal suspected of being rabid for a period
of fourteen (14} days (ten (10) days for dogs and
cats). The impounding officer shall make reason-
able effort to immediately notify the owner or
custodian of the animal before it has been im-
pounded and the address of the facility to which it
will be taken. If the owner or custodian is not
present at the time of impounding, the above
Editor's note-Section 1 of Ord. No. 2836, adopted May
6, 1975, repealed former Art. 3, §§ 4.1.52-4-1-55, relating to
rabies and disease control, and derived from Code 1961, §§
41.031-41.034. Section 4 of said ordinance enacted a new Art.
3, §§ 4-1-60-4-1-63, as herein set out.
§ 4-1-s1
ORANGE COUNTY CODE
notice shall be posted on the property of such
owner or custodian, if known. In lieu of impound-
ing the animal, he may, by serving a written
notice upon the owner, require the owner to
quarantine the animal for such period.
No person shall disobey any quarantine order
issued by the Director or remove from its place of
confinement any animal under quarantine with-
out the permission of the Director.
(Ord. No. 2836, § 4, 5-6-75; Ord. No. 2908, § 1,
5-4-76)
Sec. 4.1-62. Duty to report.
Any person having knowledge of the location of
an animal suspected of having rabies, or of any
person having been bitten or scratched by any
warmblooded mammal, or of any signs of disease
or unusual behavior in any animal under quaran-
tine, shall immediately report such facts to the
Director.
(Ord. No. 2836, § 4, 5-6-?5)
Sec. 4.1-63. Proof of vaccination.
No person who owns or harbors any dog shall
fail or refuse to exhibit his copy of the rabies
vaccination form, antirabies inoculation defer-
ment form, or health certificate upon demand by
any person charged with the enforcement of this
division.
(Ord. No. 2836, § 4, 5-6-?5; Ord. No. 2908, § 1,
5-4-76)
Sec. 4.1-64. Duty of person performing vac-
cination.
Each duly licensed veterinarian after vaccinat-
ing any dog shall complete and sign a rabies
certificate in triplicate. He shall keep one copy
and shall give one copy to the owner of the
vaccinated dog, which the owner shall retain in
his possession. He shall file the other copy with
the Director on a monthly basis.
(Ord. No. 2908, § 3, 5-4-76)
Secs. 4.1-55--4.1•S9. Reserved.
ARTICLE 4. DOG LICENSING*
Sec. 4.1-?0. Dog license required.
Every person owning or having custody of any
dog four (4) months of age or older shall procure
Editor's note-Section 1 of Ord. No. 2836, adopted May
6,1975, repealed former Art. 4, §§ 4-1-66-4-1-72, relating to
keeping and restraint of dogs, and derived from Code 1961, §§
41.041-41.047. Section 5 of said ordinance enacted a newArt,
4, §§ 4-1-70-4-1-75, as herein set out.
§ 4-1-71
for said dog an Orange County dog license. Such
license shall be procured within fifteen (15) days
after the date on which it becomes due. The
following are exceptions to the requirement to
tense:
(a) A dog brought into Orange County for
show or other purposes and which leaves
within thirty (30) days; and
(b) A dog maintained in an approved re-
search institution or licensed kennel, pro-
vided said dog is owned by the owner or
operator of said research institution or
kennel.
Guard (sentry) dogs are not excepted. Each such
guard (sentry) dog must be individually licensed
and each dog shall be wearing its Orange County
license tag securely fastened to a collar or harness
whether or not the dog is kenneled in Orange
County.
No dog shall be licensed without proof of ap-
proved rabies vaccination. No license may expire
later than the expiration date of the rabies vacci-
nation. An owner may purchase a license for six
(6) or twelve (12) months, depending upon the
date and kind of vaccine used, upon payment of
the fee, established by resolution of the Board of
Supervisors.
(Ord. No. 2836, § 5, 5-6-75; Ord. No. 2908, § 1,
5-4-76)
Sec. 4-1-?1. Wearing of dog license tag re-
quired.
Each dog required to be licensed shall wear at
all times the current license tag assigned to that
dog; except:
(a) when the dog is physically confined within
the premises of the owner or other person
authorized to have custody;
(b) when the dog is confined in a vehicle or
cage;
(c) When the dog is participating in any dog
exhibition, -field trial or competition; or
(d) when the dog is confined in a licensed
kennel or veterinary hospital, in which
case the license tag number shall be re-
corded and placed nearby so that it is
readily identifiable with the dog to which
it belongs; or if not licensed, that fact
shall be clearly indicated on the facility's
records.
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Supp. IV'o. 81 1180
•
•
•
§ 4-1.71 ANIMAL CONTROL, WELFARE AND LICENSE REQUIREMENTS
A license tag shall not be removed from any dog
without the consent of the owner thereof.
(Ord. No. 2836, § 5, 5-G-75; Ord. No. 2908, § 1,
5-4-76)
Sec. 4.1-?2. Dog license renewal.
Licenses not purchased or renewed within fif
teen (15) days after expiration, or the date on
which they become due, shall be considered delin-
quent 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 he determines the applicant
made a reasonable effort to comply with the above
deadline.
(Ord. No. 2836, § 5, 5-6-75; Ord. No. 2908, § 1,
5-4-76)
Sec. 4.1.73. Dog license; transfer of owner-
ship.
Upon the transfer of ownership of any licensed
dog, the license may be transferred to the new
owner provided that the Director is notified within
fifteen (15) days, in writing, of such transfer of
ownership, and the name and address of the new
owner is provided.
(Ord. No. 2836, § 5, 5-6-75)
Sec. 4-1-74. False or stolen documents ille-
gal.
No person shall make use of or have in his
possession or under his control. a stolen, counter-
feit or forged dog license receipt, dog license tag,
rabies vaccination certificate, antirabies-inocula-
tion-deferment form, or other form issued in ac-
cordance with this division.
(Ord. No. 2836, § 5, 5-6-75)
Sec. 4-1-?5. Display of certificates required
upon demand.
Every person shall, upon demand by the Direc-
tor, exhibit any current rabies vaccination certif
icate or dog license tag issued to said person
pursuant to this division.
(Ord. No. 2836, § 5, 5-6-75)
Sec. 4.1.75. Animal permit required.
Every person owning or having custody of four
(4) or more licensed dogs or four (4) or more cats,
over the age of four (4) months, for any purpose
other than a commercial purpose shall procure an
Supp. No. 81
1181
§ 4.1-85
animal permit from the Director. The Director
shall issue a permit for the keeping of such
animals upon receipt of the fee established by the
Board of Supervisors and when, in his opinion,
such animals may be kept or maintained without
endangering the safety and comfort of such ani-
mals and the inhabitants of the neighborhood,
and the owner or custodian has complied with any
other applicable laws, including zoning regula-
tions. Each such animal shall be individually
licensed. The permit shall specify the number and
types of animals authorized to be kept thereunder
and may contain any conditions regarding the
keeping of animals thereunder deemed necessary
by the Director. Animal permits shall be nontran~s-
ferableand must be renewed annually. The Board
of Supervisors may, by resolution, adopt regula-
tions governing the keeping of animals under
permit, including facility construction and main-
tenance standards. Failure to comply with such
regulations or any conditions imposed by the
Director shall constitute cause for denial or reva
cation of such permit.
The provisions of section 5-2-19 of these codi-
fied ordinances shall govern appeals from the
denial of revocation of a permit under this section.
(Ord. No. 2908, § 3, 5-4-76)
Secs. 4-1-7?--4-1.84. deserved.
ARTICLE 5. CAT LICENSIlVG*
Sec. 4.1-85. Cat licensing.
The owner of any cat may, upon submission of
proof of rabies vaccination, certified to by a li-
censed veterinarian, and upon payment of the fee
established by resolution of the Board of Supervi-
sors, be issued a license certificate and tag. No.
person shall remove a registration tag from a cat
without the consent of the owner thereof. Licens-
ing shall be valid for the period of the rabies
vaccination. The obtaining of such a license shall
be optional on the part of the owner, except as
provided in section 4-1-76.
(Ord. No. 2836, § 6, 5-6-75; Ord. No. 2908, § 1,
5-4.76)
*Editor'saote-Section 1 of Ord. No. 2836, adopted May
6, 1975, repealed former Art. 5, §§ 4.1-83-~•1-85, pertaining
to reporting bites or scratches, and derived from Code 1961, §§
41.051-41.053. Section 6 of said ordinance enacted a new Art.
5, § 4-1.85, as herein set out.
§ 4-1-86 ORANGE COUNTY CODE § 4-1-95
Secs. 4-1-86--4-1-93. Reserved.
ARTICLE 6. DANGEROUS AND VICIOUS
A111IN~ALS
Sec. 4-1-94. Wild, exotic, dangerous and
nondomestic animals.
No person shall have, keep, or maintain any
wild, exotic, dangerous or nondomestic animal
without first applying to and receiving a license
from the Director. The Director shall by regula-
tiondetermine those animals to be covered by this
section. The keeping or maintenance of such ani-
mals shall also conform to the zoning regulations
of Orange County.
The Director shall issue a license to any person
for the keeping or maintaining of any wild, exotic,
dangerous or nondomestic animal upon receipt of
the fee established by the Board of Supervisors
and when, in his opinion, such animal may be
kept or maintained without endangering its safety
and comfort and the safety and comfort of any
person or property; provided, however, that the
Director may require any such animal to be
properly caged or tethered and he may make such
additional rules and regulations that may be
necessary and proper under the circumstances.
He may revoke any such license for the violation
of any of the provisions of this division or of any of
the rules and regulations adopted pursuant thereto,
or when in his opinion the safety or comfort of
such animal or any person or property is endan-
gered by the keeping of any such animal. The
provisions of section 5-2-19 of these codified ordi-
nances shall govern appeals from the denial or
revocation of a license under this section.
The owner or custodian of such animal shall
give written notice to the Director prior to the
transfer, trade or barter of such animal or its
progeny.
(Ord. No. 2836, § ?, 5-6-75; Ord. No. 2908, § 1,
5-4-76)
Sec. 4-1.95. Declaration and possession of
vicious or potentially danger-
ous dog.
(a) General Provisions.
(1) If the Director has cause to believe that a
dog is a "vicious dog or potentially dan-
gerousdog" within the meaning of section
4-1-23, he or she may tentatively find and
declare such dog a "vicious dog or poten-
tially 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 declara-
tion.
(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 ten-
tative finding and declaration. Any such
hearing shall be requested and conducted
as provided in subsection (d) of this sec-
tion.
{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 "vi-
cious 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 empow-
ered to impound andlor abate any "vicious
dog or potentially dangerous dog" indepen-
dently 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 restric-
tions 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 hun-
dred 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 cancel-
lation or nonrenewal or, at the owner's
or custodian's option, the filing with
the Director of proof of a bond in the
Supp. No. s1 1182
•
•
•
§ 4-1-95 ANIMAL CONTROL, ~Vti~ELFARE AND LICENSE REQUIREMENTS § 4-1-95
amount of one hundred thousand Director. Any hearing under this subsection shall
dollars (100,000.00)., to be able to be conducted in accordance with subsection (d) of
respond in damages. this section.
b. Requirements as to size, construc-
tion and design of the dog's encla
sure.
c. Location of the dog's residence.
d. Requirements as to type and method
of restraints andlor 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 conspicu-
ous to the public warning persons of
the presence of a vicious dog.
g. Payment of a fee or fees as estab-
lished by resolution of the Board of
Supervisors to recover the costs of
enforcing the provisions of [this] ar-
ticle 6, division 1 of title 4 of this
Code as applied to the regulation of
vicious dogs.
(b) Notification of Right to Hearing. At least
five (5) working days prior to impoundment and/or
abatement, the owner or custodian shall be noti-
fied 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 de-
cision by the Director. The form, content and
display of such notice shall be specified by the
Supp. No. 81
1183
(c) Immediate Impoundment. when, in the opin-
ion 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 preimpoundment 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 re-
quest in writing an abatement hearing. If re-
quested, ahearing 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. Ex-
cept asotherwise 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 con-
duct 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 exist-
ence of any common law or statutory rule which
might make improper the admission of such evi-
§ 4-1-95
ORANGE COUNTY CODE
dente 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 hear-
ing,whether any designation, impoundment and/or
abatement under this section should be rescinded
or amended. Within five (5) working days follow-
ing 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 (aX5} of this
section. Any such revision to the abatement and/or
impoundment due to changed circumstances shall
be subject tc 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 o f Ownership, Custody and / or Res-
idence. 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, ad-
dress and telephone number of the new owner,
custodian andlor residence and the name and
description of the dog. The owner shall, in addi-
tion,notify the new owner or custodian in writing
of the details of the dog's record, terms and
conditions of maintenance arld provide the Direc-
torwith acopy thereof containing an acknowledg-
ment 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
§ 4-1-105
imposing an initial abatement andlor impound-
mentset 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 poten-
tially dangerous dog within the meaning of sec-
tion 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 Dan-
gerous 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 condi-
tionsimposed pursuant to subsection (a)(5) of this
section. If a vicious or potentially dangerous dog
escapes, the owner and/or custodian shall imme•
diately notify the Director and make every rea-
sonable 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 vi-
cious.The Director shall follow the procedures set
forth in Food and Agriculture Code Sections 31621
and following for this purpose.
(Ord. No. 2836, § 7, 5-6-75; Ord. No. 2908, § 1,
5-4-76; Ord. No. 3693, § 3, 3-22-88; Ord. h7o.
98-15, § 33,12-8-98}
Sec. 4-1.96. Reserved.
Editor's note--Section 2 of Ord. No. 2908, adopted May 4,
1970, repealed former § 4-1-96, pertaining to confinement of
vicious animals, and derived from Ord. No. 2836, § 7, adopted
May 6,1975.
Secs. 4-1-97-4.1.104. Reserved.
ARTICLE 7. ANIMAL IlVIPOUNDMENT'~
Sec. 4-1.105. Impoundment by County per•
sonnel.
The Director or his deputies may take into
CUStody:
(a) Any animal kept or maintained contrary
to the provisions of the Codified Ordi-
*Editor'snote--Section 1 of Ord. No. 283fi, adopted May
6, 1975, repealed former art. 7, §§ 4-1-113---4-1.116,. pertain-
ing to dangerous animals and derived from Code 1961, §§
41.071-41.074. Section 8 of said ordinance enacted a new art.
7, §§ 4-1-105-~4-1-111, as herein set out.
•
•
•
Supp. No. 81 1184
r~
~~
§ 4-1-105 ANIMAL CONTROL, WELFARE AND LICENSE REQUIREMENTS § 4-1-110
nances of Oran a Coun an re '
g ty, y gelation Sec. 4.1.108. Redemption of animals from
adopted thereunder, or any California stat- Orange County Animal Shel-
ute. ter.
(b) Animals running at large contrary to the
provisions of this division or any statute.
(c) Sick, injured, stray, unwanted animals,
for which the owner or custodian cannot
be found or is unable or unwilling to
provide proper care.
(d) Animals quarantined for which no other
place of quarantine is acceptable to the
Director.
(e) Animals delivered or requested to be im-
pounded by a peace officer, or public of
ficer or employee as defined in Penal Code
section 836.5.
(f7 Any wild animal found to be at large upon
any public property, or upon request of
the owner or tenant, found to be at large
upon private property.
(g) Animals impounded pursuant to section
4-1-95.
(h) Any other animal authorized to be im-
pounded under this division.
The Director may place animals which he takes
into custody in the. County Animal Shelter or
other facility designated by him, except that ani-
mals impounded pursuant to subparagraph (f7
above, may be summarily destroyed.
(Ord. No. 2836, § 8, 5-6-75; Ord. No. 2908, § 1,
5-4-76)
Sec. 4-1-106. Retention without owner's con-
sent.
No person shall, without the consent of the
owner, hold or retain possession of any animal for
more than twenty-four (24) hours without first
reporting the possession of such animal to the
Director, giving his name and address and a true
description of the animal, and then surrendering
such animal to the Director upon demand.
(Ord. No. 2836, § 8, 5-6-?5; Ord. No. 2908, § 1,
5-4-76)
Sec. 4.1-107. Removal of animals from Or-
ange County Animal Shelter
prohibited.
No person shall remove any animal from the
custody of the Director or from a County Animal
Shelter without permission from the Director to
do so.
(Ord. No. 2836, § 8, 5-6-75)
Supp. No. 81
1185
Except as otherwise provided by State law or
article 8 of this division, when any animal, other
than an animal abandoned by its owner, is im-
pounded pursuant to this division, the Director
shall, within twelve (12} working hours after
impounding such animal, notify the owner, if
known, of the location of such animal. Said noti-
fication shall be by mail with postage fully pre-
paid thereon.
Any impounded animal may be redeemed by
the owner upon payment of the fees established
by resolution of the Board of Supervisors. The
owner must also demonstrate to the satisfaction
of the Director that he is the owner of the animal,
and that he can keep such animal in conformance
with the requirements of this division.
If a licensed animal is not redeemed within
seven (7) days of impoundment, excluding County
holidays and the day of impoundment (three (3)
days for unlicensed animals), it shall be deemed
abandoned and the Director may sell, release, or
destroy said animal.
(Ord. No. 2836, § 8, 5-6-75; Ord. No. 2908, § 1,
5-4-76)
Sec. 4-1-109. Sale of unredeemed animals.
Except as otherwise provided by State law or
by this division any unredeemed animal may be
sold by the Director upon payment of the fees
established by resolution of the Board of Supervi-
sors.
An unredeemed female dog which has not been
neutered shall not be sold or given away, other
than for approved medical research, unless the
deposit specified in section 4-1-111 has been re-
ceived.
(Ord. No. 2836, § 8, 5-6-75)
Sec. 4.1.110. Disposition by euthanasia.
Any impounded animal which has not been
redeemed or sold may be disposed of by euthana-
sia. Euthanasia may also be performed at the
request of the owner of the animal; a fee may be
charged if provided for by resolution of the Board
of Supervisors.
(Ord. No. 2836, § 8, 5-6-75)
§ 4-1-111
Sec. 4-1-111. Animal shelter.
ORANGE COUNTY CODE
No humane shelter or shelter operated by a
society for the prevention of cruelty to animals
shall sell or give away, except for approved med-
ical research, any female dog which has not been
neutered unless the cost of neutering such dog
has been deposited with the shelter for payment
to a veterinarian or neutering clinic designated by
the person purchasing or receiving the dog. The
deposit shall be forwarded to the veterinarian or
clinic upon receipt by the shelter of a notice from
the veterinarian or clinic that the dog has been
neutered.
(Ord. No. 2836, § 8, 5-fi-75)
Sec. 4.1.112. Sale, give away, acceptance
and/or barter of animals on An-
imal Shelter property.
No person shall sell, barter or give away, nor
shall any person buy, accept or take .possession of
any animal on premises upon which a County
animal shelter is located, including adjacent park-
ing areas, without the written permission of the
Director. The Director may define the premises
covered by this section and cause those areas to
be posted so as to advise persons of the provisions
of this section.
(Ord. No. 3337, § 1, 8-17-82)
Secs. 4.1-113--~-I.126. Reserved.
ARTICLE 8. ANIMALS RUNNING AT
LARGE
Sec. 4.1-127. "Animal" defined.
Animal, as used in this article, shall not in-
clude acat or dog but shall include livestock.
(Code 1961, § 41.081; Ord. No. 2836, § 9, 5-6-75)
Sec. 4.1.128. Staking or grazing.
No person owning or having charge, care, cus-
tody or control of any animal shall cause or
permit, either willfully or through failure to exer-
cise due care or control, any such animal to be
placed, staked or to graze or be upon the land of
another without the written consent of the owner
or other authorized person, or upon public lands
or highways or to allow any such animal to run at
large.
(Code 1961, § 41.082; Ord. No. 3000, § 1, 8.30-77}
Sec. 4-1-129. Impounding livestock.
§ 4-1-143
The Director may seize and impound any ani-
mal found on any premises in violation of this
article and he shall have a lien upon such animal
sufficient to secure payment of all expenses in-
curred by reason of his seizing, keeping and
caring for such animal.
{Code 1961, § 41.083; Ord. No. 2836; § 9, 5-6-75;
Ord. No. 2908, § 1, 5-4-76)
Sec. 4-1.130. Sale of unclaimed animals.
If no person appears and claims the animal
impounded under this article within five (5) days,
or if a person does appear to claim the animal
impounded within said time but fails to pay the
Director the expenses as provided in section 4-1-
129 hereof, the Director shall proceed to sell or
cause to be sold such animal, except a bovine, at
public sale in accordance with the general proce-
dure provided in the law concerning the sale or
execution of personal property.
(Code 1961, § 41.084; Ord. No. 2836, § 9, 5-6-75)
Sec. 4.1.131. Animals valued at less than
twenty dollars.
If the animal impounded under this article is of
a value less than twenty dollars ($20.00) and has
not been claimed, the Director may, after the
expiration of three (3) days from the date of
seizure, sell such animal, except a bovine, at
private sale without notice. In the alternative, the
Director may dispose of said animal, except a
bovine, in any humane manner.
{Code 1961, § 41.085; Ord. No. 2836, § 9, 5-6-75;
Ord. No. 2908, § 1, 5-4-76)
Secs. 4-1-132-4-1-141. Reserved.
ARTICLE 9. KEEPING OF LIVESTOCK
Sec. 4-1-142. Reserved.
Editor's note-Section 10 of Ord. No. 2836, adopted May
6, 1975, repealed former § 4-1-142 relative to keeping of
livestock near dwellings. Said former section was derived from
Code 1961, § 41.091.
Sec. 4-1-143. Livestock fences.
Every owner, keeper, custodian or harborer of
livestock shall erect and/or maintain a fence as
herein described to contain and confine all live-
stock kept or maintained on his premises.
•
•
•
Supp. No. 81 1186
§ 4-1-143 ANIMAL CONTROL, WELFARE AND LICENSE REQUIREMENTS
•
Such fence shall be sufficiently good, strong
and substantial as to prevent the ingress and
egress of livestock. No wire fence is a good and
substantial fence within the meaning of this sec-
tion unless it has three (3) tightly stretched
barbed wires securely fastened to posts of reason-
ablestrength, firmly set into the ground not more
than one rod apart, one of which wires shall be at
least four (4) feet above the surface of the ground.
Any kind of wire or other fence of height, strength
and capacity equal to or greater than the wire
fence herein described is a good and substantial
fence within the meaning of this section. Cattle
guards of such width, depth, rail spacing and
construction as will effectively turn livestock are
also a good and substantial fence.
{Code 1961, § 41.092}
Secs. 4-1.144--4.1.153. Reserved.
ARTICLE 10. ANIMAL HEALTH
Sec. 4.1-154. Reserved.
Ed.itor's note-sSection 10 of Ord. No. 2836, adopted May
6, 1975, repealed former § 4-1-54 defining certain terms as
used in Art. 10. Said former section was derived from Code
1961, § 41.101.
Sec. 4.1.155. Supplement to State law.
This article shall in all respects be construed to
supplement and harmonize with the provisions of
the laws of the State of California pertaining to
animal industry.
(Code 1961, § 41.102)
Sec. 4.1.155. Appointment of County Veteri-
narian.
The County Veterinarian shall be appointed by
the Orange County Board of Supervisors in com-
pliance with State and Federal laws.
(Code 1961, § 41.103)
Sec. 4.1.157. Duties of County Veterinarian.
It shall be the duty of the County Veterinarian,
acting in cooperation with the State Veterinarian,
to enforce all laws of the State of California, the
ordinances of the County of Orange and all orders
of its Board of Supervisors pertaining to the
health and sanitary condition of animals in said
County. To this end he or she is authorized, upon
approval of the Board of Supervisors, to establish,
maintain and enforce such quarantine, sanitary,
§ 4-1-164
testing and immunizing measurers and to promul-
gate such rules and regulations as he or she may
deem necessary and proper. He or she shall reg-
ulate the movement of animals from stockyards
and corrals; he or she shall supervise the exami-
nation and testing of animals or premises for the
presence of contagious, infectious or communica-
ble disease. He or she shall immediately report
any human infectious or communicable disease
found in animals to the Health Off cer or his or
her duly authorized deputy.
(Code 1961, § 41.104; Ord. No. 98-15, § 34,12-8-
98)
Sec. 4.1-158. Animals with infectious dis-
ease outside this County.
when the County Veterinarian has determined
that an infectious disease exists among animals
in any area and the importation of animals from
such area might spread such disease among the
animals within the County of Orange, he shall
notify the Board of Supervisors, designating and
describing the area where such disease has been
found and shall, with their approval, establish
such quarantine restrictions as the circumstances
shall warrant. The County Veterinarian may refuse
to permit shipments of animals from such areas
to the County of Orange unless accompanied by a
certificate signed by State or Federal veterinarian
certifying that the animals for which such certif
icate is issued are not infected with or exposed to
an infectious disease. Any animals entering the
County of Orange from any area so described and
designated without such a eertifcate may be
quarantined by the County Veterinarian and con-
fiscated or disposed of in such manner as to
eliminate any danger of the animals within the
County of Orange being exposed to infection from
such disease.
(Code 1961, § 41.105)
Secs. 4.1-159-4.1-163. Reserved.
Sec. 4-1.164. Investigation of diseased ani-
mals W1tlllll County.
The County Veterinarian shall investigate all
reports of the presence of infectious diseases
affecting animals within the County of Orange.
He is authorized to enter any premises where
animals are kept, or on which he has reason to
believe that animals are kept, in order to carry
into effect the provisions of this article, and it
shall be unlawful for any person to interfere with
Supp. No. 81 1187
§ 4-1-164
ORANGE COUNTY CODE
the official action of the County Veterinarian or
his authorized deputy. The County Veterinarian
may quarantine any animal suspected of being
infected with or exposed to an infectious disease
for a reasonable period of observation and until
such tests as may be required to ascertain the
presence or absence of an infectious disease are
completed. Upon discovery of any infectious dis-
ease affecting animals in the County of Orange,
the County Veterinarian shall establish such quar-
antine, sanitary, testing, immunizing and control
measures as may be necessary to control or erad-
icate such disease and prevent the spread thereof
to other anunals. The County .Veterinarian may
quarantine any animal upon the land or premises
where such diseased animal has been kept, and
thereafter it shall be unlawful for any person to
break .such quarantine or to move or allow to be
moved any such animals from within the prem-
ises thus quarantined, or across the quarantine
line so established, without first obtaining per-
mission from the County Veterinarian. If, after
inspection, the County Veterinarian shall deem it
proper to issue such a permit he may cause such
animal, premises and vehicles of transportation
and any infected materials, equipment or effects
to be properly cleaned and disinfected.
(Code 1961, § 41.106)
Sec. 4-1-I55. Damage or removal of quaran-
tine notice.
It shall be unlawful for any person, during the
existence of such quarantine, to remove, tear,
deface, mutilate, obscure or otherwise destroy or
interfere with any placard, notice or proclamation
declaring such quarantine.
(Code 1961, § 41.107)
Sec. 4.1-155. Reserved.
Editor's note-Ord. No. 98-16, § 1, adopted December 8,
1998, amended the Code by repealing § 4-1-166 in its entirety.
Former § 4-1-166 pertained to removal of livestock from
slaughterhouse, and derived from the Code of 1961, § 41.108.
Sec. 4.1-167. Livestock affected with conta-
gious, infectious or communi-
cable disease.
It shall be unlawful for any person to bring into
or receive into the County of Orange any perform-
ing animals or horses or livestock known to be
affected with any contagious, infectious or com-
municable disease, unless such animals are spe-
cificallypermitted to enter the State of California
§ 4-1-176
and the County of Orange under Federal or Cal-
iforniaState regulations, and then only under the
conditions and for the purpose prescribed in the
Federal and State regulations governing move-
ment oflivestock orperforming animals or horses.
(Code 1961, § 41.109; Ord. No. 98-15, §.35,12-8-
98)
Sec. 4-1-168. Reserved.
Editor's note-Ord. No. 98-16, § 1, adopted December 8,
1998, amended the Code by repealing § 4-1-168 in its entirety.
Former § 4-1-168 pertained to report of arrival and identifi-
cation of dairy cattle, and derived from the Code of 1961, §
41.1010.
Secs. 4.1.169-4-1.173. Reserved.
Sec. 4.1-174. T~iberculin injection.
No person shall inject, or cause to be injected,
tuberculin into any cattle or performing animals
or horses except when used in connection with a
tuberculin test as defined in section 4-1-154 of
this article.
(Code 1961, § 41.1011; .Ord. No. 98-15, § 36,
12-8-98)
Sec. 4.1-175. Tuberculin test-Removal of
cattle or performing animals
or horses before completion
prohibited.
No person shall move any cattle or performing
animals or horses upon which a tuberculin test
has been started until the same shall have been
completed without the permission of the veteri-
narian conducting such test, nor shall any person
in any way interfere with such tests.
(Code 1961, § 41.1012; .Ord. No. 98.15, § 36,
12-8-98)
Sec. 4-1.175. Examination and testing for tu-
berculosis.
whenever the County Veterinarian shall have
cause to believe that there is danger that cattle or
performing animals or horses in the County of
Orange, or any cattle or performing animals or
horses brought into the County of Orange, are
afflicted with tuberculosis, he or she shall cause
such cattle or performing animals or .horses to be
examined and tested .for tuberculosis.
(Code 1961, § 41.1013; Ord. No. 98.15, § 36,
12-8-98)
C~
J
n
LJ
•
Supp. No. 81 1188
•
•
§ 4-1-177 ANIMAL CONTROL, wELFA,RE AND LICENSE REQUIREMENTS
Sec. 4-1.177. Identification of cattle or per-
forming animals or horses af-
flicted with tuberculosis-
Slaughter restricted.
All cattle or performing animals or horses
which are shown by the tuberculin test to be
afllicted with tuberculosis shall be immediately
marked for identification by branding the letter
"T" on the left jaw. The "T" shall be three (3)
inches in height from top to bottom and two (2)
inches wide at the top and the branding edge
shall be not less than one-quarter (~/4) of an inch
in width. No animals so branded shall be slaugh-
tered or disposed of in any manner or removed
from the premises where located when branded
unless permission is first obtained from the County
Veterinarian or from the Director of the State
Department of Agriculture.
(Code 1961, § 41.1014; Ord. No. 98-15, § 36,
12-8-98)
Sec. 4.1-178. Livestock or performing ani-
orals or horses to be confined
for examination and testing.
The owner or person in charge of livestock or
performing animals or horses shall properly con-
fine in stanchions or chutes any livestock or
performing animals or horses which the County
Veterinarian may designate for examination, in-
jection, vaccination, observation, administration
of tuberculin mallein or for other tests or pur-
poses. If the owner or person in charge refuses to
properly confine such livestock or performing
animals or horses for examination, test or vacci-
nation as requested, the County Veterinarian
may employ help and incur such expense as is
necessary to properly control such livestock or
performing animals or horses for the purpose
mentioned. The expenses incurred shall be a lien
upon said livestock or performing animals or
horses and shall be recovered by action in the
name of the County of Orange unless paid within
ten (10) days after written notice of the amount
has been given by the County Veterinarian to the
owner or person in possession of said livestock or
performing animals or horses.
(Code 1961, § 41.1015; Ord. No. 98-15, § 36,
12-8-98)
Sec. 4.1.179. Duty to report information.
Any person having knowledge of the presence
of an infectious disease in livestock or performing
Supp. No. 81
1189
§ 4-1-222
animals or horses shall report same to the County
Veterinarian. All persons owning or having con-
trol of livestock or performing animals or horses
shall assist the County Veterinarian in enforang
the provisions of this division and shall obey all
orders of the County Veterinarian made for the
control and eradication of infectious disease, the
sanitation of premises, destruction of livestock or
performing animals or horses and disposal of
carcasses, manure, offal and refuse.
(Code 1961, § 41.1016; Ord. No. 98-15, § 36,
12-8-98)
Sec. 4.1•lSO. Violation.
All animals including performing animals or
horses brought into the County of Orange in
violation of any of the provisions of this division
shall be subject to quarantine, examination and
test, at the expense of the owner, by the County
Veterinarian, who may dispose of such livestock
or performing animals or horses to protect the
public health and health of domestic animals of
the County of Orange.
(Code 1961, § 41.1017; Ord. No. 98-15, § 36,
12-8-98)
Secs. 4.1.181--4.1.190. Reserved.
ARTICLE 11. RESERVED*
Secs. 4.1.191-4-1.222. Reserved.
*Editor's note-Ord. No. 98.16, § 1, adopted December 8,
1998, amended the Code by repealing Art. 11, §§ 4-1-191-4-
1-195, 4-1-206---4-1-210, 4-1-221, and 4-1.222, in its entirety.
Former Art, 11 pertained to swine and garbage, and derived
from the Code of 1961, §§ 41.111-41.1112.
(The next page is 1239]
ORANGE COUNTY BOARD OF SUPERVISORS
MINUTE ORDER
November 21, 2006
Submltting,AQen, cylDepartment: HEALTH CARE AGENCY
Consider second readin and adoption of "An Ordinance Amending and Adopting Designated Sections of Division 1 of
g
Title 4 of the Codified Ordinances of the County of Orange Pertaining to Animal Control, Welfare and License
Requirements" -All Districts (Continued from l 1/14/06, Item 42)
The oliowin is action taken by the Board of Supervisors:
f g
APPROVED AS RECOMMENDED ® OTHER D
Unanimous ®(1) CORREA: Y (2) SILVA: Y (3) CAMPBELL: Y (4} NORBY: Y (5) WILSON: Y
Vote Key: Y=Yes; 1V=No; A Abstain; X=Excused; B. O. =Board Order
Documents accompanying this matter:
^ Resolution(s)
® Ordinances(s) 06-O1 l
^ Contract(s)
Item No. 4l
Special Notes:
Copies sent to:
CED
HCA -Jennifer Phillips
Gina Van Quest
Coco
Auditor
f
f ~
~v
f ;~U.
I certify that the foregoing is a true d correct copy of the Minute Order
adopted by the B d of Supervi r ,Orange County, State of California.
DARLENE J. OM, Clerk a Board
By:
Deputy
ORDINANCE N0.06-011
AN ORDINANCE AMENDING AND ADOPTING
DESIGNATED SECTIONS OF DIVISION 1 OF TITLE 4
OF THE CODIMFI~EDCO~RD ROL, WELOFARE AND LICEN E REQUIREMENTS
PERTAINING TO AN
' of the Count of Orange, California, ordains as follows:
The Board of Supervisors Y
• 'led Ordinances of the County of Orange is hereby
SECTION 1: Section 4-1-3 of the Codef
amended to read as follows:
Sec. 4-1-3. Definitions (B).
. ries howls or makes any noise for an extended period of
Barkin dog means a dog that barks, bays, c •
g tan time of da or night, regardless of whether the dog is
time to the disturbance of any persona y Y ant
• roe .Such extended period of time shall consist of incess
h sically situated in or upon private p p rty ore
p Y in an 24-hour eriod, or intermittent barking for 60 minutes or m
barking for 30 minutes or more y p « ~~ .this Article if at
' shall not be deemed a barking dog for purposes of ,
during any 24-hour period. A dog ert in or
• in a erson is trespassing or threatening to trespass upon private prop y
any time the dog es bark g, p •
• 'tuated or when the dog is being teased or provoked.
upon which the dog is se ,
SECTION 2: Subarticle 1 of Article 2 of Division 1 of Title 4 of the Codified Ordinances of the
County of Orange is hereb adopted, and shall read as follows:
ticle 2. Barking Dog Violation and Civil Fine.
Subar
Sec.4-1-59.1. Applicability.
• 'Code this subarticle makes any violation for keeping,
a Notwithstanding section 4-1-48 of this , ,
~~ 'section 4-1-3 sub ect to civil fine.
' inin or ermetteng a barking dog as defined en J
mainta g, p
• ' ' tive rocedures for the imposition, enforcement,
b This subarticle establishes the admenistra p
(} or barkin do violations pursuant to Government
• n and administrative review of civil fines f g g
collectio ,
section 53069.4 and the County s plenary police power.
Code
• article is solel at the County's discretion and is one
The issuance of a civil citation under this sub Y .
(c) 'ons. B ado tin this subarticle, the County does
• the Coun has to address barking dog violate y p g
opteon tY evil or criminal, including those public
' limit its discretion to utilize any other remedy, c
not intend to
uisance remedies set forth in section 4-1-48.
n
• • • ubarticle is to encourage voluntary and
ose of essuen cevel citations pursuant to this s
(d) The pure g inate nuisances for the rotecteon and
'ance with the rovisions of this Code and to elem p
complete comple p
benefit of the entire community.
' the Codified Ordinances of the County of Orange is hereby
SECTION 3: Section 4- l -59.2 of
ado ted, and shall read as follows:
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Sec. 4-1-59.2. Definitions.
' definitions a 1 to the use of these terms for the purposes of this subarticle:
The following pP Y
' Care Services means the department within Orange County Health Care Agency
(a) Animal .. .
' rm the functions described in sections 4-1-1 through 4-1- l 80 of this Division and any
authorized to perfo
' r law that dele ates such authority to the Animal Care Services department or its
other ordinance o g
director.
(b) County means the County of Orange.
' ' ' n means- a notice issued ursuant to this subarticle that there has been a violation of this
(c) Civil citateo p
subarticle.
s as used in this Article shall mean calendar day or calendar days, respectively, unless
(d) Day or day .
' ssl rovided. The time in which any act provided by law is to be done is computed by
otherwise expre y p
' first da and includin the last, unless the last day is a holiday, and then it is also
excluding the f y g
excluded.
' eans the Health Care Agency Animal Care Services Director, or his or her designee.
(e) Director m
nt O icer means an Animal Care Services employee or agent designated in writing by
(f~ Enforceme ff Y
the Director.
' O icer means a erson appointed by the County Executive Officer or designee to serve
(g) Hearing ff p
as a Hearin Officer for administrative hearings.
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ns even a civil citation to a violator. Issuance occurs on the date when a barking dog
(h) Issued mea g g
' ' ersonall served on the violator, or the date it is mailed to the property where the
civil citation is p y
' ated or where the barkin dog violation occurred, or the date the citation is posted in a
barking dog is loc g .
' ace either on the ro ert where the barking dog is located or where the barking dog
conspicuous pl P P Y
' rred. When service is made by posting, the barking dog citation shall also be mailed
violation occu
within 24 hours of posting to any address known for the violator.
' ecision means a form used by a Hearing Officer to inform a violator and/or complainant
(i) Notice of d
administrative hearing decision regarding provisions of this subarticle.
of an
' eans an erson who ossesses, has title to or an interest in, harbors or has control,
(~} Owner m y p P
ssion of a do and the verb forms of "to own" shall include all those shades of
custody or posse g~
meaning.
'ble Person. A Res onsible Person may also be referred to as a "violator" herein. A
(k) Response p
Res onsible Person is any of the following:
P
son who allows a barkin dog violation to exist, whether through willful action, failure
(1} A per g
to act or failure to exercise proper control over a barking dog.
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(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 barking
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, ma'ority stockholders, corporate officers, trustees, and general partners of a legal entity.
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(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
barkin do violation that the Enforcement Officer did not see or hear occur based on a complaint,
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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 (18) 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
ei hteen shall have the right to appeal the issuance of the citation pursuant to the provisions of this
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subarticle.
(b) Prior to issuing a civil citation for a barking dog, the Responsible Person shall be given a 10-day
eriod within which to correct the problem.
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(c) Each day a barking dog violation exists beyond the initial l0-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:
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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).
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(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.
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Amount of the fine for the violation(s) and procedure to pay the fine to avoid a late payment
(~
penalty.
Desi nation of rior civil citations issued for the same Code violation(s), if known by the
(g) g p
Enforcement Officer.
h Notification of an assigned administrative hearing date, time and location where the civil
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fine maybe contested.
i Descri tion of the procedure for requesting a continuance of the assigned administrative
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hearing.
' A notice that a barking dog violation is a nuisance and that collection of unpaid fines and/or
~l) . .
enalties can result in additional fines, penalties and/or imprisonment In the County ~a~l.
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k Si nature of the Enforcement Officer who issued the barking dog citation and/or civil fine.
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Date u on which the barking dog citation and/or civil fine was issued.
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m Proof of service to be completed by the Enforcement Officer indicating whether citation
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was issued b ersonal service, by mail, or by posting In a conspicuous place on the property
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where the barking dog violation occurred.
n A self addressed envelope in which the violator can mail the civil fine to the County if the
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citation is not contested.
(o) Any other information deemed necessary by the Enforcement Officer for enforcement or
collection purposes.
SECTION 6: Section 4-1-S9.S 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 maybe served as follows:
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a An Enforcement Officer may personally serve the barking dog citation on the Responsible Person.
O
s onsible Person shall be re nested to sign a copy of the citation showing his or her receipt of the
The Rep q
'tation and notice of the Res onsible Person's right to an administrative hearing. Signing the citation
cl p
shall not constitute an admission of guilt.
Enforcement Officer ma mail the civil citation by certified mail, return receipt requested, if
(b) An Y
ro ert owner and/or occu ier's name is known but the violator is not present when personal
the p p y P
ervice is ahem ted. The citation shall be mailed to the address where the barking dog violation
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occurred.
An Enforcement Officer may post a copy of the barking dog citation in a conspicuous place on the
(c} .
ro ert where the barking dog violation occurred if the property owner and/or occupier s name is
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unknown. In this event, the citation shall also be mailed addressed to the owner of the property where
barkin do violation occurred as reflected on the County's property tax rolls. A copy of the citation
the g g
all also be mailed within 24 hours of posting the citation addressed to "Resident" at the address where
sh
the barking dog violation occurred.
SECTION 7: Section 4-1-59.6 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:
ine for First Barkin Do ~liolation Citation Issued (Per Citation):
F g g $250.00
ine for Second Barkin Do Citation within Same 12-Month Period (Per Citation):
F g g $275.00
' for Third Barkin Do Citation within Same 12-Month Period (Per Citation):
Flne g g $303.00
' Citation within Same 12-Month Period (Per Citation):
Flne for Fourth Barking Dog $333.00
ine for Fifth Barkin Dog Citation within Same 12-Month Period (Per Citation):
F g $366.00
Fine for Sixth and Subse cent Barking Dog Citations Issued within Same 12-Month
9 $403.00
Period: (Per Citation)
An Fine Not Paid within Fifteen (15) Days of Due Date Shall Be Calculated As Follows:
Y
mount of the A ro riate Fine Listed Above Added to a Late Penalty in the Same Amount as the
The A pp p
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.
' ' in do violation citation a violator may respond by either of the following
(a) After rece~v~ng a bark g g
methods:
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The violator ma choose to correct the barking dog violation and pay the barking dog
(1) Y .. .
citation fine without contesting the fine in an administrative hearing. In that event, payment o
' received b the Director rior to the date assigned for administrative
the cltati on fine must be y P
' as noted in the citation. Payment shall be made by enclosing the fine amount by check
hearing
r mone order in the self-addressed envelope attached to the civil citation and mailing the
o y
veto e to the Director b U.S. first class mail, postage prepaid. The Director may authorize
en p Y
ment to be made in accordance with any other method, at any location within the County, or
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to any address.
violator ma choose to a pear at an administrative hearing on the assigned administrative
(2) A Y p
in date contained in the citation. In that event, the fine is due and payable to the Hearing
hear g
at the conclusion of the hearing if the Hearing Officer upholds the barking dog citation.
Officer
Hearin Officer ma allow the violator an additional period of time within which to pay the
The g Y
fine if in the Hearin Officer's sole discretion, such additional time for payment is necessary.
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(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.
ment of a fine shall not excuse the violator from correcting the barking dog violation. The
(c) Pay
' of a barkin do citation and/or payment of a fine shall not bar the County from taking any
issuance g g
rcement action re arding a barking dog violation that is not corrected, including issuing
other enfo g
additional barking dog citations and/ox criminal complaints.
vent that a fine im osed under the authority granted by this subarticle remains unpaid for
(d) In the e p
1 S da s after it is due and payable pursuant to subparagraph (a)(l) or (a)(2) above, an amount
fifteen ( ) y
he fine shall be added as a late penalty and the late penalty and fine shall become due
equal to t
' . If a Hearin Officer upholds the issuance of a citation in an administrative hearing, the
immediately g
will be assessed if the fine is not paid as required at the conclusion of the hearing, or other
late penalty
time for ayment determined by the Hearing Officer.
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ON 9: Section 4-1-59.8 of the Codified Ordinances of the County of Orange is hereby
SECTI
adopted, and shall read as follows:
Sec. 4-1-59.8. Administrative hearing.
erson who receives a barking dog citation may contest it by appearing at the assigner
(a) AnY P
' ' trative hearin date, time and location noted on the barking dog citation. A violator may comes
adminis g
' o citation b den in that a violation occurred, by denying that it was not corrected within
the barking d g Y Y g
' ' da correction eriod, if applicable, or by denying that the violator is a Responsibly
the or~gmal 10 y p
Person for the violation.
' tion fine is not aid rior to the assigned date and time of the administrative hearing
(b) If the cita p P
rkin do citation, the violator must personally attend the administrative hearing on the
noted on the ba g g ..
' d lace s ecified. A failure to personally appear at the adminlstrat~ve hearing shal
date, time an p P t'o .
to an abandonment of any defense the violator may have to the barking dog clta 1 n
constitu
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SECTION 10: Section 4-1-59.9 of the Codified Ordinances of the County of Orange is hereby
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adopted, and shall read as follows:
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 orhis/her designee.
(b) The Director or hislher 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 (18) 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.
(~ 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 hearing 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 to
the violator and complainant. The failure of the complainant to appear at the hearing, unless the hearing
was continued er subsection {f) above, shall constitute an abandonment of the complaint and shall be
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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.
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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 4-1-59.11 of the Codified Ordinances of the County of Orange ishereby-
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
a eal with the Superior Court within twenty (20) calendar days after the Responsible Person receives a
pp .. ..
copy of the nonce of decision at the conclusion of the hearing in accordance with the provls~ons 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, l 0 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
com lainant has failed to appear at an assigned administrative hearing.
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SECTION 13: Section 4-1-59.12 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.
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e Count at its discretion may pursue any and all legal and equitable remedies for the collection
1 (a) Th y
id fines and late enalties. Pursuit of one remedy does not preclude the pursuit of any other
of unpa p
2 dies until the total fines and late penalties owed by a violator under this subarticle have been
reme
collected.
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Failure to time/ remit ayment of a citation fine and/or late penalty authorized under section 4-l~
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.7 d above will result in criminal liability and a warrant may be issued for a violator's arrest
59 ()
a ment of .such fine and/or late penalty shall be a misdemeanor pursuant to section 1-1-34
5 Nonp y
nishable b a fine of not more than one thousand dollars ($1,000} or by imprisonment in the Count!
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6 'ail fora eriod of not more than six (6) months or by both such fine and imprisonment.
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This ordinance shall take effect and be in full force thirty (30) days from and after its
assa a and before the expiration of fifteen (15) days after the passage thereof, shall be published
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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 21, 2006, to wit:
AYES: Supervisors: THOMAS W. WILSON, LOU CORREA, JIM SILVA
CHRIS NORBY, BILL CAMPBELL
NOES:
EXCUSED:
ABSTAINED:
~.R.C/~
CHAIRMAN
STATE OF CALIFORNIA )
ss:
COUNTY OF ORANGE )
I, DARLENE J. BLOOM, Clerk of the Board of Orange County, California, hereby
certi 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.
--~- -.
R /" .
i,
~ ~
1 ,„ ~ ;
~~ r ~ ~ ~ t'
D?~RLENE J. BLOOM
Clerk of the Board.
County of Orange, State of California
Ordinance No.: 06-O1 l
Agenda Date: 11121 /2006
Item No.: 41
' l certify that the foregoing is a true and correct copy of the
' Ordinance adopte y the Board of S isors ,Orange County,
State of Califo
DARLENE ~,r~LQOM, Cler~i6f the Board of Supervisors
By:~ /~ ~
Dep
j~ f ~~ Vi t
lr'K "' ,
~.1 o c~
' rkin Do Citation Program
HCAAnimal Care Services Ba g g
venue Summa Alternative Proposal)
s Cost and Re rY
Proposed Fine ,
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First time offense 300 $719 $100 $30,000
2nd time offense 15 $791 $200 $3,000
3rd time offense 10 $870 $300 $3,000
4th time offense 5 $957 $400 $2,000
5th time offense 0 $1,000 $500 $0
6th or subsequent offense 0 $1,000 $600 $0
Total Offenses 330 $38,000
* ~ uent offenses are forwhen they occurwithin the same 12-month period.
Fines for second and subseq
. - ~ ~~~es:l~Coun S fit: $~~~~ ~~ ~o~~~'ota~ ~~Cost
Es#~:rna#ed ~~~~~g.~~o
Percent of
Total Cost
Cost and Revenue Summary
Estimated Annual Cost of Program: $241,054
' d Revenue from Pro osed Fines: $38,000 16%
Estimate p
' ated Revenue from Cities' Share:** $187,748 78%
Estim
' ue from Fines & Cities Combined: $225,748 94%
Estimated Reven
' ated Fundin from NCC Share: $15,306 6%
Est~m 9
' ated Fundin from All Sources: $241,054 100%
Total Estim 9
Variance: $0
** ~ ~ ~ rox. 92.5% of the $203,054, which represents the total cost
Cities share ~s app
' s based on an analysis of 4 years of ACS Program actual costs.
not offset by fine ,
BUSTr
Division 1.
Division 2.
Division 3.
Division 4.
Division 5.
Division 6.
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TITLE 5
TESS AND SPECIAL LICENSES, REGULATIONS
General, Arts. l-3
General License and Permit Requirements and Procedure, Art. l
Specific Additional License or Permit Requirements and Business
Regulations, Arts. 1-23
Cable Television Systems, §§ 5-4-1-5-4-38
Weighing and Measuring Instruments, Art. l
Sober Living Facilities, §§ 5-fi-1-5-6-129
Supp. No. loo 1467
•
Division 1
GENERAL
Article 1. Definitions, §§ 5-1-1--5-1-28
Article 2. Licenses or Permits Required, §§ 5-1-29-5-1-40
Article 3. Business Regulations, § 5-1-41
ARTICLE 1. DEFIlVITIONS*
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Sec. 5-1-1. Definitions.
The following terms as used in this title shall,
unless the context clearly indicates otherwise,
have the respective meanings herein set forth:
Alarm agent means any person who is em-
ployed by an alarm business, either directly or
indirectly, whose duties include any one (1) or
more of the following: selling, maintaining, leas-
ing, servicing, repairing, inspecting, altering, re-
placing, moving or installing on or in any build-
ing, structure or facility, any alarm system, but
shall not include persons engaged in the manu-
facture or sale of alarm systems from fixed loca-
tions and who neither visit the location where
such alarm system will be installed nor design the
plan for the physical location and installation of
such alarm system at a specific location.
Alarm business means the work, occupation or
profession of any person who performs, autho-
rizes, directs, or causes the selling, leasing, main-
taining, servicing, inspection, repairing, altering,
replacement, moving or installing of any alarm
system, including any business that monitors
alarms.
Alarm subscriber means any person who pur-
chases, leases, contracts for, or otherwise obtains
an alarm system or for the servicing or mainte-
nance of an alarm system.
Alarm system means any mechanical or elec-
tronic device installed at private property which
emits a sound or transmits a signal or message
when activated, designed or used for:
(1) The detection of an unauthorized entry
into, or unlawful act committed within, a
building, structure, facility; or
(2) The detection of fire, smoke, heat or which
requires response of medical equipment;
and
(3) Creates an action from the Sheriff or the
Orange County Fire Authority.
Provided, however, that this definition shall not
include domestic smoke, fire or burglar alarm
devices whose primary purpose is to awaken or
alert persons on the premises and which emit a
light or sound only within the protected premises.
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 prima-
rily 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, occupa-
tion, practice or profession.
Business solicitor or canvasser: See Canvasser.
Canvasser means any person not having an
established place of business in the County of
Orange who, for himself or as an agent of another,
goes from house to house for the purpose of
soliciting orders or subscriptions for any goods,
wares, merchandise or product, of any nature or
description, for future delivery whether or not
advance payments are collected at the time the
order or subscription is taken, except salesmen or
solicitors .regularly employed by any wholesale
house or jobber who take or solicit orders from
retailers or other merchants conducting a regu-
larly established place of business, or any person
*Editor's note-Ord. No. 05-020, § 1, adopted November 22, 2005, has been treated by the editor as repealing former Art.1,
§§ 5-1-1-5-1-7, 5-1-9-5-1-11, 5-1-14-5-1-17, and 5-1-19-5-1-21, and adding a new Art.1, § 5-1-1. Former article 1 pertained to
similar subject matter and derived from the Code of 1961, §§ 51.011-51.013, 51.015, 51.017, 51.0110, 51.0114-51.Ollfi, and
51.0118-51.0120; Ord. No. 2836, adopted July 6,1975; Ord. No. 2908, adopted May 4,1976; Ord. No. 2974, adopted April 6,1977;
Ord. No. 3022, adopted December 13,1977; Ord. No. 3123, adopted Apri13,1979; Ord. No. 3203, adopted July 15,1980; and Ord.
No. 3363, adopted January 11,1983.
Supp. No. 100 1469
§ 5-1-1
ORANGE COUNTY CODE
who sells or offers for sale any goods, wares,
merchandise or products in his possession where
such goods, wares, merchandise or products are
delivered at the time and place the sale is made,
or persons selling, offering for sale or delivering to
purchasers any farm or garden products where
the same are raised or produced upon the prop-
erty of the persons offering the same for sale,
whether or not the property is owned or leased by
such persons.
Coin-currency dealer means a person dealing
in a business where coins or currency are bought,
sold, traded, pawned, auctioned, or accepted for
sale on consignment at a price above the face
value of such coins or currency upon the basis,
express or implied, that the value above the face
value is derived from the age, rareness, condition,
mineral content, or historical associations of the
coins or currency.
Except for coins or currency, "coin-currency deal-
er" shall not include a shop where secondhand
merchandise, including but not limited to jewelry
or metals, is bought, sold, traded, pawned, auc-
tioned, or accepted for sale on consignment.
Commercial means operated or carried on pri-
marily for financial gain.
Commercial manure dealer means any person,
firm or corporation who, for a fee, gathers, col-
lects, 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.
Dance instructor means any person, male or
female, who participates or otherwise engages in,
while nude, any dance instruction, lesson, dem-
onstration or exhibition conducted in a dance
studio.
Dance studio means any premises or mobile
facility where there is conducted the business or
transaction of furnishing, providing or procuring
dancing instructors for the purpose of providing
dance instruction, lessons, demonstrations or ex-
hibitions, while nude, to any person or persons
who pay a fee, or any other thing of value, as
consideration, compensation or gratuity for the
right or opportunity to dance with or observe such
nude dancing instructor.
§ 5-1-1
Direct alarm means any alarm system connect-
ing an authorized source to the Sheriff or the
Orange County Fire Authority by a leased tele-
phone line that may be connected by any auto-
matic dialing device or any other direct line that
has no intermediate station.
Entertainment means that which engages the
attention agreeably, amuses or diverts, whether
in private, as by conversation, music or other
manner, or in public, by performances, conversa-
tion, and music or other manner.
Escort means any person who, for pecuniary
compensation:
(i) Escorts, accompanies or consorts with an-
other person. to, from or about social of
fairs, entertainments, places of public as-
sembly or places of amusement located or
situated within the unincorporated areas
of the County of Orange.
(ii) Escorts, accompanies or consorts with an-
other person in or about any place of
public or private resort or within any
private quarters located or situated within
the unincorporated area of the County of
Orange.
{iii) Escorts, accompanies or consorts with an-
other person in or about any business or
commercial establishment, or part or por-
tion thereof, located, or situated within
the unincorporated area of the County of
Orange.
Escort bureau means any business, agency or
self employed or independent escort who, for pe-
cuniary compensation, furnishes or offers to fur-
nish escorts within the unincorporated areas of
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 perma-
nent address and being regularly open for busi-
ness from day to day during ordinary business
hours.
False alarm means the activation of an alarm
signal necessitating response by the Sheriff or the
Orange County Fire Authority when an emer-
gency situation does not exist.
Figure model means any person, male or fe-
male,who poses, or otherwise conducts himself or
herself, to be observed, viewed, sketched, painted,
drawn, sculptured, photographed, filmed, video-
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Supp. No. 100 1470
§ 5-1-1
GENERAL
§ 5-1-1
to ed, or otherwise similarly depicted, except to house or from place to place, gathering, collect-
p
when such conduct is done in one of the institu- ing, buying or otherwise dealing in any old rags,
tions exempted under the definition of "figure sacks, bottles, cans, papers, metal or other arti-
model studio." cles commonly known as junk.
•
•
Figure model studio means any premises or
mobile facility where there is conducted the busi-
ness or transaction of furnishing, providing or
procuring figure models who pose for the purpose
of being observed or viewed by any person, or
being sketched, painted, drawn, sculptured, pho-
tographed, filmed, videotaped, or otherwise simi-
larlydepicted inthe nude before persons who pay
a fee, or any other thing of value, as consider-
ation, compensation or gratuity, for the right or
opportunity to so observe a figure model, or for
admission. to, permission to, or as a condition of,
remaining on the premises. "Figure model studio"
does not include any studio or classroom which is
operated by any public agency, or any public or
private educational institution authorized under
California Education Code Section 94700 et seq.,
to issue and confer a diploma or degree.
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 treat-
ment of foodstuffs resulted to be used as food, or
shall have resulted from the preparation or han-
dling of food for human consumption or any
decayed and unsound meat, fish, fruit and vege-
tables.
Grooming parlor means any premises where
animals are groomed, brushed, clipped or bathed
on a commercial basis.
Introductory service means a service offered or
performed within the unincorporated areas of the
County of Orange by any person for pecuniary
compensation, the principal purpose of which is to
aid persons to become socially acquainted or to
otherwise assist persons to meet for social pur-
poses, or which service is generally known or
should be known by the offering or performing
party to be used by the recipients thereof for the
purpose of obtaining information about other per-
sons to be used for social purposes.
Junk collector means any person, firm or cor-
poration having no fixed place of business in the
County of Orange, engaged in or carrying on the
business of collection, buying or selling from house
Supp. No. 100
Junk dealer means any person, firm or corpo-
ration having a fixed place of business in the
County of Orange, engaged in or carrying on the
business of buying or selling, either at wholesale
or retail, any old rags, sacks, bottles, cans, papers,
metal or other articles commonly known as junk.
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.
Mobile X ray unit means any X-ray generator
which is, or can be, used for the purpose of
making medical diagnostic photofluoro-graphic
films of persons, and which is installed in or upon
a motor vehicle or trailer so that it may be
transported from place to place.
Mobile X ray operator means any person or
other entity, who owns or legally possesses or
operates a mobile X-ray unit.
Nude shall have the same meaning as that
contained in section 3-12-2 of this Code.
Pecuniary compensation means any commis-
sion, fee, gratuity, hire, profit, reward, or any
other form of consideration.
Peddler means and includes every person who
travels from place to place or has a stand upon
any public street, alley or other public place, in
the doorway of any room or building, or upon any
lot or parcel of land, who sells or offers for sale
any goods, wares or merchandise in his posses-
sion, other than food, except salesmen or solici-
tors regularly employed by any wholesale house
or jobber, who take or solicit orders from retailers
or other merchants conducting a regularly estab-
lished place of business.
Person means both the singular and the plural,
and shall also mean and include person, individ-
ual, 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.
1471
§ 5-1-1
ORANGE COUNTY CODE
Poolroom as used in this article means any
place open to the public where billiards, pool or
bagatelle is played, except a private house and
except the rooms of a bona fide fraternal organi-
zation,where the general public is allowed to play
therein, whether any compensation or reward is
charged for the use of such tables or not.
Profit interest means any interest or share in
the present or prospective profit of an escort
bureau or introductory service.
Public dance means a gathering of persons in
or upon any premises where dancing is partici-
pated in, either as the main purpose of such
gathering or as an incidental to some other pur-
pose, and to which premises the public is admit-
ted, either with or without charge, and to which
not more than two thousand five hundred (2,500)
persons shall be admitted.
Roadside market means any vehicle, booth,
stand, tent, house or other place or structure at or
in which goods, wares, merchandise, food, prod-
ucts, vegetables or other commodities are sold,
exposed for sale, bartered or given away, or where
any business of any nature or kind is transacted.
Secondhand dealer means, and includes, any
person, partnership or corporation whose busi-
ness is that of engaging in buying, selling, trad-
ing, taking in pawn, accepting for sale on consign-
ment, accepting for auctioning or auctioning
secondhand personal property.
Secondhand dealer also means any person who
owns or operates an auction or any other event at
which two (2) or more persons offer secondhand
personal property for sale or exchange and where
a fee is charged for the privilege either of offering
or displaying such property for sale or exchange
or for admission of prospective buyers to the area
where such property is offered or displayed for
sale or exchange, but does not include a person
who owns the land on which the auction or event
occurs if he has no control over such auction or
event and has no personal knowledge of any facts
arising from such auction or event which consti-
tute aviolation of any provisions of this article.
Security o facer means an individual engaged in
the act of guarding property as the owner, mem-
ber or employee of a security system.
Security system means any private service or
private system which purports to furnish or does
furnish to members or subscribers, any watch-
§ 5-1-1
man or guard, either uniformed or otherwise, or
any guard dog to patrol any part of the unincor-
porated territory of the County of Orange or to
guard or watch any property, including guarding
against theft, fire, or both, or to perform any
service usually and customarily performed by the
Sheriff in his capacity as a peace officer. Security
system does not include the guarding of property
of a single owner by one or more individuals who
are employed by such owner.
Sheriff' or Sherif}=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 specifi-
callyconstructed for theatrical purposes, wherein
carnivals, circuses, dog or pony shows, dramatic,
musical or theatrical performances are given to
audiences not exceeding two thousand five hun-
dred (2,500) persons.
Specified anatomical sexual areas includes any
of the following:
(1) Less than completely and opaquely cov-
ered:
(a) Human genitals or pubic region;
(b) Buttock; and
(c) Female breast below a point imme-
diatelyabove the top of the areola; or
(2) Human male genitals in a discernibly
turgid state, even if completely and.
opaquely covered;
S~eci~ied sexual activity includes the following:
(1) Actual or simulated sexual intercourse,
oral copulation, anal intercourse, oral anal
copulation, bestiality, direct physical stim-
ulation of unclothed genitals, flagellation
or torture in the context of a sexual rela-
tionship, or the use of excretory functions
in the context of a sexual relationship,
and any of the following depicted sexually
oriented acts or conduct; anilingus, bug-
gery, coprophagy, coprophilia, cunnilingus,
fellatio, necrophilia, pederasty, pedophilia,
piquerism, sapphism, zooerasty; or
(2) Clearly depicted human genitals in a state
of sexual stimulation, arousal or tumes-
cence; or
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Supp. No, 100 1472
•
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§ 5-1-1
GENERAL
(3) Use of human or animal ejaculation, sod-
omy, oral copulation, coitus, or masturba-
tion; or
(4) Fondling or touching of nude human gen-
itals, pubic region, buttocks or female
breast; or
(5) Masochism, erotic or sexually oriented
torture, beating or the infliction of pain;
or
(6) Erotic or lewd touching, fondling or other
sexually oriented contact with an animal
by a human being; or
(7) Human excretion, urination, menstrua-
tion, vaginal or anal irrigation.
(Ord. No. 05-020, § 1,11-22-05)
Secs. 5-1-2-5.1.28. Reserved.
ARTICLE 2. LICENSES OR PERMITS
REQUIRED
Sec. 5.1.29. Licenses or permits required.
It shall be unlawful for any person, firm or
corporation to engage in, conduct, manage or
carry on any of the following businesses; prac-
tices, professions or occupations within the unin-
corporated area of the County of Orange without
first having obtained a permit or license therefor
in accordance with Divisions 2 and 3 of this title.
It shall also be unlawful for any person, firm or
corporation to engage in, conduct, manage or
carry on animal exhibitions, animal rental estab-
lishments, commercial stables, grooming parlors,
kennels or pet shops within cities that have
contracted with the County for animal care ser-
vices without first having obtained a permit or
license from the County in accordance with Divi-
sions 2 and 3 of this title.
(a) Animal exhibition;
(b) Animal rental establishment;
(c) Bingo games;
(d) Business solicitor or canvasser;
(e) Coin-currency dealer;
*Editor's note-Ord. No. 05-020, § 2, adopted November
22, 2005, amended the Code by changing the title of Art. 2.
Formerly, Art. 2 was entitled "Licenses Required."
Supp. No. 100
1473
§ 5-1-40
(f7 Commercial motion picture productions,
television productions and still photogra-
phY
(g) Commercial stable;
(h) Grooming parlor;
(i) Kennel;
(~) Junk collector or dealer;
(k) Mobile X-ray unit operator;
(1) Peddler;
(m) Pet shop;
(n) Poolroom;
(o) Massage establishment or technician;
(p) Public dance;
(q) Retail sale of concealable firearms;
(r) Secondhand dealer;
(s) Security system or security officer;
(t) Show;
(u) Taxicabs;
(v) Figure model studio and figure models;
(w) Dance studio and dance instructors;
(x) Escort, escort bureau and introductory
services.
(Code 1961, § 51.021; Ord. No. 2824, § 1, 3-18-75;
Ord. No. 2836, § 13, 5-6-75; Ord. No. 2908, § 1,
5-4-76; Ord. No. 2935, § 2, 9-21-76; Ord. No. 2974,
§ 1, 4-6-77; Ord. No. 3022, § 1,12-13-77; Ord. No.
3037, § 1, 2-14-78; Ord. No. 3203, § 3, 15-7-80;
Ord. No. 3363, § 5,1-11-83; Ord. No. 98-15, § 54,
12-8-98; Ord. No. 05-020, § 3,11-22-05)
Sec. 5-1-30. Multiple businesses.
This title shall apply to each and every busi-
ness, trade, occupation, profession or practice
herein enumerated and conducted in the unincor-
porated area of Orange County, whether carried
on individually or in conjunction with any other
activity.
(Code 1961, § 51.022)
Secs. 5.1-31-5-1.40. Reserved.
§ 5-1-41
ORANGE COUNTY CODE
ARTICLE 3. BUSINESS REGULATIONS
Sec. 5-1-41, Scope.
The business regulations contained in Divi-
sions 2 and 3 of this title shall apply to any
business, occupation, practice, profession or trade
conducted in the unincorporated area of the County
of Orange named in said divisions, whether or not
a license or permit from the County is required or
obtained therefor. All general license and permit
requirements contained in Division 2 of this title
shall apply to any business, occupation, practice,
profession or trade conducted in the unincorpo-
rated area of the County of Orange named in said
division, unless specifically provided otherwise in
Division 3 of this title.
(Code 1961, § 51.031; Ord. No. 05-020, § 4,11-22-
05)
§ 5-1-41
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[The next page is 1521]
Supp. No. loo 1474
•
Division 2
GENERAL LICENSE AND PERNIIT REQUIREMENTS AND PROCEDUR,E*
Article 1. Application, Fees and Issuance, Revocation, Appeals, §§ 5-2-1-5-
2-19
•
•
ARTICLE 1. APPLICATION, FEES AND
ISSUANCE, REVOCATION, APPEALS
Sec. 5-2-1. Issuing officer.
All licenses or permits issued pursuant to this
title shall be issued by the issuing officer, who, in
the case of licenses or permits for shows, mobile
X-ray unit operators, 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.
(Code 1961, § 52.011; Ord. No. 2836, § 13, 5-6-75;
Ord. No. 98-15, § 31,12-8-98; Ord. No. 98-15, § 55,
12-8-98; Ord. No. 05-020, § 6,11-22-05)
Sec. 5-2-2. Applications.
The issuing officer shall receive all applications
for licenses and permits and shall provide appli-
cationforms as are necessary for the convenience
of the public and the economic and efficient ad-
ministration of this title.
(Code 1961, § 52.012; Ord. No. 05-020, § 7,11-22-
05)
Sec. 5-2-3. Fees.
The Board of Supervisors shall provide by
resolution the amount of each fee to be charged
for each application, license or permit, provided
that no fee shall be charged for an application or
license to operate a mobile X-ray unit. Such fee
shall be payable in accordance with the resolution
and shall not be refundable.
(Code 1961, § 52.013; Ord. No. 05-020, § 8,11-22-
05)
Sec. 5.2-4. Duration.
Each license shall be in effect for one (1) year
from the date on which it was issued, unless
otherwise provided in this title, or by resolution of
the Board of Supervisors, or unless renewed or
revoked earlier in accordance with this Article.
(Code 1961, § 52.014; Ord. No. 05-020, § 9,11-22-
05)
Sec. 5-2-5. Reasons for denial.
The issuing officer shall deny the application
for a license or permit if he or she finds any of the
following:
(a) That the applicant does not fulfill the
specific requirements for such license or
permit as set forth in this title.
(b) That the applicant has made any false or
misleading statement or omission of fact
in his or her application.
(c) That the applicant has committed any of
the acts delineated in Business and Pro-
fessions Code § 480, but subject to the
limitations on such denial as specified in
said statute.
(d) That the carrying on of the business as
described in the application will be detri-
mental to the public health, safety or
welfare.
(Code 1961, § 52.015; Ord. No. 98-15, § 56, 12-8-
98; Ord. No. 99-5, § 56,12-8-98; Ord. No. 05-020,
§ 10,11-22-05)
Sec. 5-2-6. Investigation and issuance.
Prior to issuing a license or permit, the issuing
officer shall make an investigation as he or she
deems necessary to determine whether the appli-
cant meets the requirements and qualifications
for the license or permit, and shall thereafter
either issue a license or permit to the applicant or
shall notify the applicant in writing that his or
her application is denied, setting forth the facts
and reasons for the denial. The issuing officer
may consult with and ask for a recommendation
from any other County officer or department prior
to the issuance of any license or permit under this
title, and shall, at the request of any County
officer or department, supply that officer or de-
partment with a copy of the license, permit or
application therefor.
(Code 1961, § 52.016; Ord. No. 3957, § 1,1-23-96;
Ord. No. 05-020, § 11,11-22-05)
*Editor's note-Ord, No. 05-020, § 5, adopted November 22, 2005, amended the Code by renaming Div 2. Formerly, Div 2 was
entitled "License Procedure and General License Requirements."
Supp. No. 100
1521
§ 5-2-7
Sec. 5-2-7. Form of license.
ORANGE COUNTY CODE
The license or permit and each duplicate shall
contain the date of issuance, the date of expira-
tion, adesignation of the type of license or permit
it is, the location or locations of the licensed or
permitted activity, the signature of the issuing
officer, and such other matters as are specified in
this title and as the issuing officer deems appro-
priate.
(Code 1961, § 52.017; Ord. No. 05-020, § 12,
11-22-05)
Sec. 5-2-8. Renewal.
Licenses or permits may be renewed on a
year-to-year basis provided that the licensee or
permittee continues to meet the requirements of
this Article, unless specifically provided other-
wise herein. Renewal applications shall include
such information as may be required by the
issuing officer to update the information con-
tained in the original license or permit applica-
tion. Renewal applications must be accompanied
with the appropriate filing fee last approved by
resolution of the Board of Supervisors.
(Ord. No. 05-020, § 13,11-22-05)
Secs. 5.2-9-5-2.12. Reserved.
Sec. 5.2-13. Inspection.
Every applicant, licensee or permittee shall
permit the issuing officer access to any premises
or vehicles used in the conduct of the licensed or
permitted business at all reasonable times, and to
any records required to be maintained by this
title, and the issuing offiicer shall make such
inspections thereof as he or she deems necessary
from time to time.
(Code 1961, § 52.018; Ord. No. 05-020, § 14,
11-22-05)
Sec. 5.2.14. Display of licenses or permits.
Each licensee or permittee shall display his or
her license, permit or duplicates in a prominent
location in each licensed or permitted place of
business; or if there is none in Orange County,
shall carry the license or permit on his or her
person at all times when conducting the licensed
or permitted business; or, if a vehicle is licensed,
§ 5-2-18
in such vehicle; and each licensee or permittee
shall display his or her license or permit to any
peace officer requesting to see it.
(Code 1961, § 52.019; Ord. No. 05-020, § 15,
11-22-05)
Sec. 5.2-15. Multiple licenses; duplicate li-
censes.
Any person carrying on or conducting more
than one (1) of the businesses for which a license
or permit is required under this title shall obtain
a license or permit for each such business. Any
person carrying on a licensed or permitted activ-
ity at more than one (1) place of business shall
obtain a duplicate license or permit for each place
of business.
(Code 1961, § 52.0110; Ord. No. 05-020, § 16,
11-22-05)
Sec. 5-2-16. Revocation.
Any license or permit issued under the terms of
this title may be revoked at any time thereafter
by the issuing officer if he or she becomes satisfied
that the conduct of the licensed or permitted
business does not or will not comport with the
public welfare for any reason or that the same has
been conducted in an illegal, improper or disor-
derly manner, or in a manner substantially dif
ferent from that described in the application, or
for any reason for which the license or permit
application could have been denied. The issuing
officer shall notify the licensee or permittee in
writing of the revocation, setting forth the facts
and reasons for the revocation.
(Code 1961, § 52.0111; Ord. No. 3957, § 2,1-23-96;
Ord. No. 05-020, § 17, 11-22-05)
Sec. 5-2-17. Licenses not transferable.
No license or permit issued under the terms of
this title shall be transferable, and no such li-
cense or permit shall be displayed or used in
conjunction with any activity other than the li-
censed or permitted business or by any person
other than the licensee or permittee, or his or her
employee, nor at any location other than that
indicated on the license, permit or application.
(Code 1961, § 52.0112; Ord. No. 05-020, § 18,
11-22-05)
Sec. 5.2-18. Temporary permits.
The issuing officer may, in his or her discretion,
upon the filing of a completed application for a
•
C~
•
Supp. No. loo 1522
§ 5-2-18 GENERAL LICENSE AND PERMIT REQUIREMENTS AND PROCEDURE § 5-2-19
license or permit pursuant to this title, issue one
(1) temporary permit to conduct the business
described in the application for a period not to
exceed sixty (60) days.
(Code 1961, § 52.0113; Ord. No. 05-020, § 19,
11-22-05)
Sec. 5-2-19. Appeals.
(a) Any applicant, licensee or permitee may
appeal the denial or revocation of a license or
permit. The appeal shall be commenced by filing a
notice of appeal consisting of a verified written
declaration of the person appealing which must
be received by the Clerk of the Board, with a copy
to the issuing officer, within thirty (30) days from
the mailing date of the denial or revocation notice.
The declaration shall set forth each fact on the
basis of which it is claimed that the denial or
revocation action was improper. A copy of the
denial or revocation notice shall be attached to
the notice of appeal.
(b) The appeal shall be heard by a Hearing
Officer, who shall preside over the hearing, take
evidence regarding the appeal and determine
whether, on the basis of a preponderance of the
evidence, the action appealed from shall be up-
held. The burden of proof shall be on the person
appealing the denial of a license or permit. The
burden of proof shall be on the issuing officer in
an appeal from the revocation of a license or a
permit. The decision of the Hearing Officer shall
be final.
(c) No license or permit granted herein shall
confer any vested right to any person or business
for longer than the license or permit term.
(Ord. No. 3957, § 3,1-23-96; Ord. No. 05-020, § 20,
11-22-05)
n
LJ
Supp. No.100 1523 CPhe next page is 1557)
C~
J
Division 3
SPECIFIC ADDITIONAL LICENSE OR PERNIIT REQUIREMENTS AND BUSINESS
REGULATIONS
Article 1. Massage Establishments and Massage 7lechnicians, §§ 5-3-1-5-
3-14
Article 2. Security Systems, Security Officers, §§ 5-3-15-5-3-41
Article 3. Reserved, §§ 5-3-42--5-3-53
Article 4. Reserved, §§ 5-3-54-5-3-69
Article 5. Reserved, §§ 5-3-70--5-3-80
Article 6. Manure, Fertilizer, §§ 5-3-81-5-3-93
Article 7. Reserved, § 5-3-94-5-3-104
Article 8. Reserved, §§ 5-3-105-5-3-115
Article 9. Public Dances, §§ 5-3-116-5-3-127
Article 10. Peddlers, Business Solicitors and Canvassers, §§ 5-3-128-5-3-138
Article 11. Solicitation and Sales on And Near Highways, §§ 5-3-139-5-3-150
Article 12. Shows, §§ 5-3-151-5-3-168
Article 13. Reserved, §§ 5-3-169--5-3-184
Article 14. Commercial Manure Dealers, §§ 5-3-185-5-3-196
Article 15. Reserved, §§ 5-3-197-5-3-239
Article 16. Retail Sale of Concealable Firearms, §§ 5-3-240-5-3-259
Article 17. Animal Facilities, §§ 5-3-260-5-3-270
Article 18. Bingo Games, §§ 5-3-271-5-3-290
Article 19. Model Studios and Dance Studios, §§ 5-3-291-5-3-300
Article 20. Alarm Systems, §§ 5-3-301-5-3-314
Article 21. Aerosol Paint Containers, Large Marker Pens, Paint Sticks and
Etching Tools, §§ 5-3-315-5-3-320
Article 22. Escorts, Escort Bureaus and Introductory Services, §§ 5-3-321-5-
3-334
Article 23. Permit Requirements for Commercial Motion Picture Productions,
Television Productions and Still Photography, §§ 5-3-335-5-3-350
Article 24. Reserved, §§ 5-3-351-5-3-355
Article 25. Taxicabs, §§ 5-3-356-5-3-363
ARTICLE 1. MASSAGE ESTABLISHMENTS
AND MfASSAGE TECHNICIANS*
Sec. 5.3-1. Findings and purpose.
The Board of Supervisors finds and declares as
follows:
(1) The permit requirements and restrictions
imposed by this Article are reasonably
necessary to protect the health, safety
and welfare of the citizens of the County
of Orange.
(2) The County of Orange is authorized, by
virtue of the State Constitution and Sec-
tion 51030 of the Government Code, to
regulate massage establishments by im-
posing reasonable standards relative to
the skill and experience of massage oper-
ators and massage technicians and rea-
sonableconditions on the operation of the
massage establishment.
(3) There is significant risk of injury to mas-
sage clients by improperly trained and/or
undereducated massage technicians and
this Article provides reasonable safe-
guards against injury and economic loss.
(4) There is opportunity for acts of prostitu-
tion and other unlawful sexual activity to
occur in massage establishments. The es-
tablishment of reasonable standards for
issuance of permits and restrictions on
operations will serve to reduce the risk of
illegal activity.
(Ord. No. 01-013, § 1, 10-23-01)
Sec. 5-3-2. Definitions.
Unless the particular provision or the context
otherwise requires, the definitions and provisions
*Editor's note-Ord. No. 01-013, § 1, adopted October 23, 2001, amended the Code by repealing former art.1, §§ 5-3-1-5-3-3,
and adding a new art. 1, §§ 5-3-1-5-3-14, to read as herein set out. Former art. 1 pertained to public baths, massage parlors, and
massagists; and derived from the Code of 1961, §§ 53.011-53.013. Subsequently, Ord. No. 05-020, § 22, adopted November 22,
2005, amended the Code by renaming Art. 1. Formerly, Art. l was entitled "Massage Establishments."
Supp. No. 100
1557
§ 5-3-2 ORANGE COUNTY CODE § 5-3-2
contained in this section govern the construction, or electrical apparatus or appliance or
meaning, and application of words and phrases with or without supplementary aids such
used in this Article. as rubbing alcohol, liniment, antise tic
p
(1) Board of Supervisors means the Board of oil, powder, cream, ointment or other sim-
Supervisors of the County of Orange. filar preparations commonly used in this
practice.
(2) Chair massage means a massage as de-
fined below where the patron is fully (10) Massage establishment means any busi-
clothed and in a public or semi-public ness conducted within the County of Or-
area while receiving the massage, and ange where any person, firm, association,
where the external parts of the body which partnership, corporation, or combination
are massaged are limited to the head, of individuals engages in, conducts, car-
neck, back and/or arms. rtes on or permits to be conducted or
carried on, for money or any other consid-
(3) County Executive Of facer means the County eration, administration to another erson
p
Executive Officer of the Count of Or-
Y of a massage, bath or health treatment
ange, or his/her designated representa- involving massages or baths. The term
taus. "massage establishment" is intended to
(4) Conviction or convicted means a plea or include any enterprise which has as its
verdict of guilty or a conviction following a primary business activity the providing of
plea of nolo contenders. massage services.
(5) Customer area means any area open to (11) Massage technician means any person,
customers of the establishment. including a manager, operator or owner of
(6)
Employee as used in this Article shall a massage establishment, who. adminis-
ters to another person a massage in ex-
include independent contractors and un- change for anything of value whatsoever.
paid volunteers. The term "employ" shall The terms "massage therapist" and "mas-
include using or allowing services to be sage practitioner" are included within this
provided by an independent contractor or definition for purposes of this Article.
unpaid volunteer.
(12) Operator means the person signing the
(7) I~ealth department means the Health Care operator's permit application as required
Agency of the County of Orange. pursuant to section 5-3-4 of this Article
(8) Manager means the person(s) designated and whose name appears on the operator's
by the operator of the massage establish- permit as the person responsible for the
went to act as the representative or agent operations of the massage establishment.
of the operator in managing .day-to-day (13) Owner means any person or entity having
operations with the same liabilities and an ownership interest in the massage
responsibilities. Evidence of management establishment.
includes, but is not limited to, evidence
that the individual has power to direct or (14) Permit means and includes the permit
hire and dismiss employees, control hours required pursuant to the provisions of
of operation, create policy or rules or this Article to operate or manage a mas-
purchasesupplies. Amanager may also be sage establishment, to perform the activ-
an owner. ities of a massage technician andlor to
perform off-premises massages.
(9) Massage means any method of treating
the external parts of the body for reme- (15) Person means any natural person, corpo-
dial, hygienic, relaxation or any other ration, partnership, firm, association or
reason or purpose, whether by means of other group or combination of individuals
pressure or friction against, or stroking, acting as an entity.
kneading, tapping, pounding, vibrating, (16) Recognized school o f massage means any
rubbing or other manner of touching ex- school or institution of learning which
ternal parts of the body with the hands, teaches, through state certified instruc-
with or without the aid of any mechanical tors, the theory, ethics, practice, profes-
Supp. No. 100 1558
§ 5-3-2 SPECIFIC ADDITIONAL LICENSE ~~ PERMIT REQUIREMENTS AND BUSINESS REGULATIONS § 5-3-4
sion, or work of massage, which school or operator's permit has been approved as provided
institution complies with California Edu- in section 5-3-5. The application shall be deemed
cation Code section 94900, and which complete if it contains or is accompanied by the
requires a resident course of study before following information:
the student shall be furnished with a
diploma or certificate of graduation. Schools (1) A description of the type of ownership of
offering a correspondence course not re- the business (i.e., whether by individual,
quiring actual attendance shall not be partnership, corporation or otherwise). If
deemed a recognized school of massage. the applicant is a corporation, the name of
(17) Sheri f f means the Sheriff of the County of the corporation shall be set forth exactly
Orange, or his/her designated representa- as shown in its articles of incorporation or
tive. charter together with the state and date
(Ord. No. 01-013, § 1, 10-23-01; Ord. No. 05-020, of incorporation and the names and resi-
§ 23,11-22-05) dente addresses of each of its current
officers and directors, and of each stock-
Sec. 5-3.3. Operator's permit required. holder holding more than five (5) percent
of the stock of that corporation, such stock-
(a) No person shall operate a massage estab- holders to be listed in descending order
lishment within the County of Orange without based upon their percentage ownership
first obtaining an operator's permit pursuant to
' interest in the co oration. If the a li-
~ pp
this Article. The operator
s permit required by cant is a partnership, the application shall
this Article shall be in addition to an other
y set forth the name and residence address
license or permit required by this Code. of each of the artners includin limited
p ~ g
(b) The Board of Supervisors shall establish, partners. If the applicant is a limited
and from time to time may amend, the fees for the partnership, it shall attach a copy of its
administration of this Article. The Board of Su- certificate of limited partnership filed with
pervisors shall also establish a Health Services the California Secretary of State to the
Fee Schedule prescribing annual fees to be paid application. If one (1) or more of the
by the operator of each massage establishment, partners is a corporation, the provisions
such fees to be paid directly to the County of of this subsection pertaining to corpora-
OrangeHealth Department. Fees required by this tions shall apply. The applicant corpora-
Article shall be in addition to any required under tion or artnershi shall desi ate one (1)
A p ~
any other provision of this Code. of its officers or general partners to act as
(Ord. No. 01-013, § 1, 10-23-01; Ord. No. 05-020, its responsible managing oflcer, Such des-
§ 24, 11-22-05) ignated person shall complete and sign all
application forms required for an individ-
Sec. 5-3.4. Application for operator's per- ual applicant under this Article, but only
mit. one (1) a lication fee shall be char ed.
Ap g
(a) Any person desiring an operator's permit Such responsible managing officer must
for a massage establishment shall file a written at all times meet all of the requirements
application on the required form with the Sheriff set forth in this section, or the operator's
who shall then conduct an investigation once the permit shall be suspended until a respon-
application is complete. The application shall be Bible managing officer who meets all such
accompanied by the appropriate filing fee estab- requirements is designated. If no such
lished by the Board of Supervisors. The applica- person is named within ninety (90) days,
tion shall be completed and signed by the owner of the operator's permit shall be deemed
the proposed massage establishment, if a sole canceled and a new application for an
proprietorship; one (1) general partner, if the operator's permit, accompanied with the
owner is a partnership; one (1) officer or one (1) appropriate filing fee, must be filed. The
director, if the owner is a corporation; and one (1) managing officer may be different from
participant, if the owner is a joint venture. The the manager or managing employee of the
application does not authorize operation of a massage establishment described in sub-
massage establishment unless and until such section (a)(5) of this section.
Supp. No. loo 1559
§ 5-3-4 ORANGE COUNTY CODE § 5-3-4
(2) A detailed description of all services to be for ten (10) years preceding the date
provided at the massage establishment. If of application, including, but not lim-
the list of services required to be posted ited to, the massage or similar busi-
pursuant to section 5-3-11(a)(2) of this ness history and experience of the
Article will be in any language other than applicant.
English, such list must accompany the
application for the operator's permit. An
y g• The complete permit history of the
changes to such list after the issuance of applicant including, but not limited
the operator's permit must be submitted to massage or similar business;
to the Sheriff within ten (10) days after whether such person has ever had
such changes are made. any permit or license issued by any
agency, board, city, county, territory
(3) The precise name under which the mas- or state; the date of issuance of such
sage establishment business is to be con- a permit or license; whether the per-
ducted. mit or license was denied, revoked or
(4) The complete address and all telephone suspended; or whether a vocational
numbers of the massage establishment. or professional license or permit was
(5)
A complete current list of the names and denied, revoked or suspended, and
the reason(s) therefor.
residence addresses of all proposed mas-
sage technicians and other employees in h. All criminal convictions, including
the massage establishment with a descrip- pleas of polo contendere, within the
tion of the job duties or function of each, last ten (10) years, including those
and the name and residence addresses of disnussed or expunged pursuant to
the manager or managing employee pro- Penal Code section 1203.4, but ex-
posed to be principally in charge of the cluding minor traffic violations, and
(6) operation of the massage establishment.
A descri
tion of an
oth
b
i the date and place of each such con-
viction and reason and sentence
p
y
er
us
ness oper- therefor.
ated on the same premises, or within the
County of Orange or the State of Califor- i. A complete set of fingerprints taken
nia, which is owned or operated by the by the Sheriff and the results of the
applicant. fingerprint inquiry including infor-
(7)
The following personal information con- mation requested from outside law
enforcement a envies.
g
cerning the applicant:
a. Full complete name and all aliases (8) The name and address of the owner and
used by the applicant. lessor of the real property upon or in
b. Current business and residence ad- which the business is to be conducted. In
the event the applicant is not the le al
g
dress and all previous business and owner of the property, the application
residential addresses for ten (10) must be accompanied by a copy of the
years immediately preceding the lease and a notarized acknowledgment
present address of the applicant, and from the owner of the property that a
the inclusive dates for each such massage establishment will be located on
address. hisser/its property.
c. Acceptable proof that the applicant
is at least eighteen (18) years of a e. 9 A si '
() to plan depicting the building and/or
g unit proposed for the massage establish-
d. Height, weight, color of hair and went and a dimensional interior floor
eyes, and gender. plan depicting how the massage establish-
e. Three (3) front faced portrait photo- went will comply with all applicable re-
graphs at least two (2) inches by two quirements of this Article.
(2) inches in size. 10 Th
( ) e name and address of any massage
f. The applicant's complete business, establishment. or other business wherein
occupation and employment history massages area ' 'stered which is owned
Supp. No. loo 1560
§ 5-3-4 SPECIFIC ADDITIONAL LICENSE OR PERMIT REQUIREMENTS AND BUSINESS REGULATIONS § 5-3-5
or operated by any person whose name is applicant must, on hislher own, make arrange-
required to be given pursuant to this ments with a court certified, and Orange County
Article. Sheriff approved, interpreter to interpret the ex-
urr n business and resi-
(11) The names, c e t amination. Proof of valid court certification must
be provided to the Sheriff or his or her designee no
dente addresses, telephone numbers and less than five (5) da s rior to the administration
y p
written statements of at least three (3) of the examination.
ona fide ermanent residents of the
b p (Ord. No. 01-013, § 1, 10-23-01; Ord. No. 05-009,
United States that the applicant is of good 1 5-24-05.Ord. No. 05-020 § 25 11-22-05)
§ '
al character. If the a licant is able
mor pp ,
the statement must first be furnished
from residents of the County of Orange,
Sec. 5.3-5. Operator's permit issuance and
then the State of California, and lastly denial; conditions of approval.
from the rest of the United States. These (a) Upon receipt of a completed written appli-
references must be persons other than cation for a permit as defined in section 5-3-4, the
relatives and business associates. Sheriff shall conduct an investigation to ascertain
(12) Authorization for the County, its agents whether such permit should be issued as re-
and employees to seek verification of the quested. The Sheriff' shall approve, conditionally
information contained in the application. approve or deny the application within sixty (60)
days of receipt of a completed application. The
(13) Such other identification and information sixty-day period may be continued for an addi-
as the Sheriff may require in order to tional thirty (30) days if necessitated by the
discover the truth of the matters herein occurrence of events beyond the control of the
specified and as required to be set forth in Sheriff. The Sheriff shall issue such permit as
the application. requested, unless the investigation of the appli-
(14) A statement in writing and dated by the cation results in any of the following findings:
applicant that helshe/it certifies under
penalty of perjury that all information (1) The applicant, if an individual, or any of
h
ff
t
e o
icers or directors of the corporation,
contained in the application is true and if the applicant is a corporation; or a
correct. partner, if the applicant is a partnership,
(15) If, during the term of a permit, any of the or any person proposed to be or employed
information submitted on the original or in the massage establishment, has, within
renewal application changes, the operator ten (10} years preceding the date of the
shall notify the Sheriff of such change application either:
within ten (10) business days thereafter, a. Been convicted of a violation of Cal-
in writing. ifornia Penal Code sections 266h,
(b) Each o erator and the o erator's desi -
p p g 266i, 314, 315, 316, 318, subsections
nated manager(s) must pass a written examina- (a) or (b) of Penal Code section 647 or
tion dealin with the re uirements of this Article
g q ~Y other provision of law pursuant
every thirty-six (36) months to ensure a complete
'
' to which a person is required to
register under the provisions of Pe-
s and mana er
s
understandin of the o erator
g p g .
nal Code section 290
or when the
duties prior to the issuance of the operator s ,
prosecution accepted a plea of guilty
ermit. A score of sevent (70) ercent or better is
p y p or nolo contendere to a charge of a
required on each section of the written examina- violation of California Penal Code
tion. An applicant who fails to pass the examina- section 415 or an lesser included or
y
tion shall not be eligible to take another exami- lesser related offense
in satisfaction
nation until sixt (60) da s after the revious
y y p ,
of, or as a substitute for
any of the
examination. An applicant who fails to pass upon ,
reviousl listed crimes•
p y
a second attempt, shall not again be eligible until '
six (6) months thereafter. The examination will be b. Been convicted of a violation of Health
administered in the English language. In the and Safety Code section 11550 or
event the applicant requires that the ordinance any offense involving the illegal sale,
examination be given in another language, the distribution or possession of a con-
Supp. No. 100 1561
§ 5-3-5 ORANGE COUNTY CODE § 5-3-5
trolled substance specified in Health (b) Each operator and manager of any mas-
andSafety Code section 11054,11055, sage establishment shall comply with the follow-
11056, 1105? or 11058; ing requirements:
c. Been convicted of any offense in any (1) Except to the extent required, in writing,
other state which is .the equivalent by a state licensed medical practitioner,
of any of the above-mentioned of no massage technician, or employee shall
fenses; massage the genitals, gluteal fold, or anal
d. Been subjected to a permanent in- area of any patron or the breasts of any
female patron, nor shall an o erator or
y p
junction against the conducting or manager of a massage establishment al-
maintaining of a nuisance pursuant low or permit such massa e. No massa e
g g
to sections 11225 through 11235 of operator or designated manager while per-
the California Penal Code, or any
similar provisions of law in a juris- forming any task or service associated
diction outside the State of Califor-
. with the massage business, shall be resent
p
in any room with another person unless
,
nia,
the person's genitals, gluteal fold, anus,
e. Engaged in conduct which would con- or, in the case of female, her breast(s), are
stitute an offense as described in fully covered.
paragraph a of this subsection; (2) No person granted a permit pursuant to
f. Been convicted of an act involving this Article shall use any name or conduct
'
dishonest
fraud deceit or moral
y business under an
y designation not spec-
,
turpitude or an act of violence, which ified in his or her permit.
act or acts are related to the qualifi- (3} All massage establishments required to
cations, functions or duties of the obtain a permit under this Article shall
operator; or have a manager on the premises at all
times the massage establishment is open.
g. Had a massage operator or massage The operator of each massage establish-
technician permit or other similar ment shall file a statement with the Sher-
license or permit denied, suspended iff designating the person or persons with
or revoked for cause by a licensing power to act as a manager. The operator
authority or by any city, county, or and/or on duty manager shall post, on a
state. daily basis, the name of each on duty
(2) The applicant has made a false, mislead- manager and each on duty technician in a
cons icuous ublic lace in the to
p p p bby of
ing or fraudulent statement or omission of the massage establishment. The operator
fact in the permit application process. ,
or the mana er in the o erator's absent
g p e,
(3) The application does not contain all of the shall be responsible for ensuring compli-
information required by section 5-3-4. ante with this Article.
(4) No massage establishment shall be open
(4) The massage establishment as proposed for business without having at least one
by the applicant does not comply with all massage technician holding a current valid
applicable laws, including, but not limited permit for the specific establishment on
to, health, zoning, fire and safety require- the premises, and on duty, at all times
ments and standards. when said establishment is open.
(5) The applicant has not satisfied the require- (5) The operator andlor designated manag-
ments of this Article in the time specified. er(s) shall ensure the massage establish-
went permit and the massage technician
(6) If the application is denied due to a false, permit for each on-duty massage techni-
misleading orfraudulent statement in the cian is conspicuously displayed in a public
application, the applicant may not reap- place in the lobby and that each massage
ply for a period of six (6) months from the technician is wearing the photo identifi-
date the application was denied. cation card required by subsection (b)(3)
Supp. No. loo 1562
§ 5-3-5 SPECIFIC ADDITIONAL LICENSE ~E HERMIT REQUIREMENTS AND BUSINESS REGULATIONS § 5-3-7
of section 5-3-8 at all times when in the
massage establishment. Such identifica-
tion shall be provided to County regula-
tory offiicials upon demand.
(6) An operator andlor on duty manager shall
be responsible for the conduct of all em-
ployees while they are on the premises.
All person(s) found working in the mas-
sage establishment shall be considered
employees of the operator, including inde-
pendent contractors and unpaid volun-
teers.Any act or omission of any employee
constituting a violation of the provisions
of this Article shall be deemed the act or
omission of the operator for purposes of
determining whether the operator's per-
mit shall be revoked, suspended, denied
or renewed.
(7) No operator or manager shall employ any
person as a massage technician who does
not have a valid massage technician per-
mitissued pursuant to this Article. Every
operator or manager shall report to the
Sheriff' any change of employees, whether
by new or renewed employment, dis-
charge or termination, on the form and in
the manner required by the Sheriff. The
report shall contain the name of the em-
ployeeand the date of hire or termination.
The report shall be made within five (5)
days of the date of hire or termination.
The operator shall deliver the permit and
photo identification card of any massage
technician no longer employed by the op-
erator to the Sheriff' within five (5) days.
(8) All persons employed in the massage es-
tablishment shall be fully clothed at all
times. Clothing shall be of a fully opaque,
nontransparent material and shall pro-
vide complete covering from mid-thigh to
three (3) inches below the collar bone.
(2) years following termination. The oper-
ator and/or manager on duty shall make
the register of employees available imme-
diately for inspection by the Sheriff upon
demand of a representative of the Sheriff'
at all reasonable times.
(10) Each operator shall provide the Sheriff'
with evidence of the insurance required
by Section 5-3-11(b)(12) prior to the date
of issuance of the permit.
(11) The operator shall comply with all provi-
sions of this Article and any applicable
provisions of this Code.
(Ord. No. 01-013, § 1,10-23-01; Ord. No. 05-009,
§ 2, 5-24-05; Ord. No. 05-020, § 26,11-22-05)
Sec. 5-3-6. Massage technician permit.
No person shall perform or administer a mas-
sage, or advertise to provide massage services in
the County of Orange, unless such person has in
effect a valid massage technician permit issued
pursuant to sections 5-3-7 and 5-3-8 of this Code.
A massage technician shall comply with the re-
quirements of sections 5-3-7 and 5-3-8. The pos-
session of a valid massage operator's permit does
not authorize the permit holder to perform work
for which a massage technician permit is re-
quired.
(Ord. No. 01-013, § 1,10-23-01; Ord. No. 05-009,
§ 3, 5-24-05; Ord. No. 05-020, § 27,11-22-05)
Sec. 5-3.7. Application for massage techni-
cian permit.
(a) Any person desiring a massage technician
permit shall file a written application on the
required form with the Sheriff who shall then
conduct an investigation once the application is
complete. The application shall be accompanied
by the appropriate filing fee established by the
Board of Supervisors. The application shall be
deemed complete if it contains or is accompanied
by the following information:
(9) The operator and/or on duty manager (1) A statement of the exact location at which
shall maintain a register of all employees, the applicant will be working as a mas-
showingthe name, nicknames and aliases sage technician, including the full street
used by the employee, home address, age, address and all telephone numbers asso-
birthdate, gender, height, weight, color of ciated with said location, and the follow-
hair and eyes, telephone numbers, social ing personal information concerning the
security number, date of employment and applicant:
termination, if any, and duties of each a. Full complete name, and all aliases
employee. The above information on each used by the applicant, along with
employee shall be maintained in the reg- complete residence address and tele-
ister on the premises for a period of two phone;
Supp. No. loo 1563
§ 5-3-7
ORANGE COUNTY CODE
b. All previous residential addresses
for ten (10) years immediately pre-
ceding the current address of the
applicant. Any applicant born out-
side of the United States shall pro-
vide proof of legal residence status;
c. Acceptable written proof that the
applicant is at least eighteen (18)
years of age;
d. Height, weight, color of hair and
eyes, and gender;
e. Three (3) front faced portrait photo-
graphs at least two (2) inches by two
(2) inches in size;
f. The business, occupation and employ-
ment history of the applicant for the
ten (10) years immediately preced-
ing the date of the application;
g. The complete permit history of the
applicant and whether such person
has ever had any license or permit,
issued by any agency, board, city, or
other jurisdiction, denied, revoked
or suspended and the reasons there-
for.
(2) All criminal convictions, including pleas
of nolo contendere, within the last ten (10)
years, including those dismissed or ex-
punged pursuant to Penal Code section
1203.4, but excluding minor traffic infrac-
tions, and the date and place of each such
conviction and reason and sentence there-
for.
(3) The names, current business and resi-
dence addresses and written statements
of a least three (3) bona fide permanent
residents of the United States that the
applicant is of good moral character. If the
applicant is able, the statement must first
be furnished from residents of the County
of Orange, then the State of California,
and lastly from the rest of the United
States. These references must be persons
other than relatives and business associ-
ates.
§ 5-3-7
(5) Such other information and identification
as the Sheriff may require in order to
discover the truth of the matters herein
specified and as required to be set forth in
the application.
(6) Authorization for the County, its agents
and employees to seek verification of the
information contained in the application.
(7) A statement in writing, and dated, by the
applicant that he or she certifies under
penalty of perjury that all information
contained in the application is true and
correct.
(8) If, during the term of a permit, any of the
information submitted on the original or
renewal application changes, the permit
holder shall notify the Sheriff of such
change within ten (10) business days there-
after, in writing.
(b) Each applicant must furnish an original or
certified copy of a diploma or certificate and
certified transcript of graduation for completion
of 500 hours of instruction from an approved or
recognized school of massage, wherein the method,
practice, profession, theory, ethics, anatomical
and physiological knowledge and practice of mas-
sage is taught by State certified instructors. The
applicant must also supply a course description,
an outline of material covered, and a letter to the
County from the school administrator verifying
completion and providing evidence of the accred-
itation or other certification, approval or recogni-
tion of the school.
(1) The Sheriff may consider an applicant's
study of massage completed outside the
State of California if proof of completion
from a formalized course of study in mas-
sage practice, anatomy, and/or physiology
is provided with the application. Proof of
completion shall include dates of study
and the name, address and phone number
of the school attended.
(2) Any outside course of study submitted for
(4} A complete set of fingerprints taken by approval shall meet the State of California's
the Sheriff and the results of the finger- Office of Post-secondary Education's min-
print inquiry including information re- imam requirements and be for completion
quested from outside law enforcement of five hundred (500) hours of on-premises
agencies. training.
•
•
Sapp. No. loo 1564
§ 5-3-7 SPECIFIC ADDITIONAL LICENSE OR PERMIT REQUIREMENTS AND BUSINESS REGULATIONS § 5-3-7
(c) The applicant must take and pass a written
examination prior to the issuance of the massage
technician permit. The examination shall meet
the following requirements:
(1) The examination shall fairly determine
the ability of the applicant to perform the
work which the applicant will be autho-
rized to do by the permit applied for, and
shall include, but is not limited to, the
following subjects: anatomy, physiology,
pathology, hygiene, contraindications, san-
itation,massage theory, and ethics of mas-
sage practice.
(2) Qualified persons shall assist in the prep-
aration of the examination. A qualified
person shall have at least five (5) years of
licensing or practice in his or her health
care field and shall include licensed health
•
Supp. No. loo 1564.1
§ 5-3-7 SPECIFIC ADDITIONAL LICENSE REQUIREMENTS AND BUSINESS REGULATIONS § 5-3-8
care professionals, such as doctors, chiro- Sheriff. The Sheriff shall issue such permit as
practors, massage therapists, massage requested, unless the investigation of the appli-
schoolinstructors, physical therapists and cation results in any of the following findings:
individuals who have pursued required (1) The a licant has within ten (10) ears
pp y
courses in and graduated from a recog- preceding the date of the application been
nized school of massage and received a convicted of any of the followin
g
diploma from the massage school.
a. Violation of Penal Code sections 266h,
(3) The Sheriff shall establish standards and 266i, 314, 315, 316, 318, subsections
procedures governing the administration (a) or (b) of Penal Code section 647 or
and grading of all examinations and shall that the applicant is required to reg-
exercise such supervision as may be nec- ister under the provisions of Penal
essary to ensure compliance therewith. Code section 290, or when the pros-
ecution accepted a plea of guilty or
(4) The examination shall be administered in polo contendere to a charge of a vio-
the English language. In the event that lation of California Penal Code sec-
the applicant requires that the examina- tion 415 or any lesser included or
tion be given in another language, the lesser related offense in satisfaction
applicant must, on his or her own, make of, or as a substitute for, any of the
arrangements with a court certified and previously listed crimes.
Orange County Sheriff approved inter- b. Violation of Health and Safety Code
preter to interpret the examination. Proof section 11550 or any offense involy-
of valid court certification must be pro- ing the illegal sale, distribution or
vided to the Sheriff or his or her designee possession of a controlled substance
no less than five (5) days prior to the specified in Health and Safety Code
administration of the examination. sections 11054, 11055, 11056, 11057
or 11058, or
(5) An applicant who fails to pass the exam-
ination shall not be eligible to take an- c. Any offense in any other state which
other examination until sixty (60) days is the equivalent of any of the above-
after the previous examination. An appli- mentioned offenses.
cant who fails to pass upon a second (2) The applicant has engaged in conduct
attempt, shall not be again eligible until which would constitute an offense as de-
six (6) months thereafter. An additional scribed in the preceding subsection (1)
processing fee shall be required to be filed above, within ten (10) years immediately
with the Sheriff prior to each re-examina- prior to the filing of any application.
tion in accordance with the fee resolution
(Ord. No. 01-013, § 1, 10-23-O1; Ord. No. 05-009,
(3) The applicant has been convicted of an act
§ 4, 5-24-05) involving dishonesty, fraud, deceit or moral
turpitude or an act of violence, which act
or acts are substantially related to the
Sec. 5-3.8. Massage technician permit issu- qualifications, functions or duties of a
ance and denial; conditions of massage technician.
approval. 4 The a licant has had m '
() pp a assage operator s
(a) Upon receipt of a completed written appli- permit or massage technician's permit or
cation for a permit as defined in section 5-3-7, the other imil '
s ar license or permit denied,
Sheriff shall conduct an investigation to ascertain suspended or revoked for cause by a li-
whether such permit should be issued as re- censing authority or by any city, county or
quested. The Sheriff shall approve, conditionall
y state within ten (10) years prior to the
approve or deny the application within sixty (60) date of the application.
days of receipt of a completed application. The (5) The applicant has made a false, mislead-
sixty-day period may be continued for an addi- ing or fraudulent statement or omission of
tional thirty (30) days if necessitated by the fact to the County in the permit applica-
occurrence of events beyond the control of the tion process.
Supp. No. 99 1565
§ 5-3-8 ORANGE COUNTY CODE § 5-3-9
(6) The application does not contain the in-
formation required by section 5-3-7.
(7) The applicant has not satisfied the require-
ments of this Article in the time specified.
(8) If the application is denied due to a false,
misleading or fraudulent statement in the
application, the applicant may not reap-
plyfor aperiod of six (6) months from the
date the application was denied.
(b) All massage technicians shall comply with
the following conditions and any other conditions
specified by the Sheriff on issuance of the mas-
sage technician's permit.
(1 } Except to the extent required, in writing,
by a state licensed medical practitioner,
no massage technician, massage techni-
cian aide, or employee shall massage the
genitals, gluteal fold, or anal area of any
patron or the breast(s) of any female pa-
tron. No massage technician, massagetech-
nicianaide or employee, while performing
any task or service associated with the
massage business, shall be present in any
room with another person unless the
person's genitals, gluteal fold, anus, or, in
the case of female, her breast(s), are fully
covered.
(2) No massage technician shall massage any
patron unless the person's genitals, gluteal
fold, anus, and in the case of a female, her
breasts}, are fully covered at all times
while the technician or other employee is
present in the same room as the patron.
(3) The massage technician shall wear a photo
identification card prepared and issued
by the County at all times when present
in the massage establishment. Such iden-
tification shall be provided to the Sheriff
upon demand. If a massage technician
changes his or her business address, he or
she shall, prior to such change, pay the
appropriate fee and obtain from the Sher-
iff anew photo identification card.
(4) Massage technicians shall not perform
any massage at any location other than
the location specified on the permit, un-
less performing an off premises massage
conforming to the requirements of section
5-3-10 hereof.
(5) While on duty, the massage technician
shall not use any name other than that
specified on the photo identification card.
(6) Massage attendants shall be fully clothed
at all times. Clothing shall be of a fully
opaque, non-transparent material and pro-
vide complete covering from mid-thigh to
three (3) inches below the collar bone.
(7) The massage technician consents to the
inspection of the massage establishment
by the County's Fire Department, the
Sheriff and the Health Department for
the purpose of determining that the pro-
visions of this Article or other applicable
laws or regulations are met. The massage
technician consents to the inspection of
the occupied massage rooms by the Sher-
ifffor the purpose of determining that the
provisions of this Article are met upon
occurrence of any of the conditions de-
scribed insection 5-3-11(b)(17) which would
require the posting of the notice to all
patrons.
(Ord. No. 01-013, § 1,10-23-01; Ord. No. 05-009,
§ 5, 5-24-05)
Sec. 5.3.9. Temporary permits.
(a) Upon request of an applicant for an
operator's permit or a massage technician permit,
the Sheriff may issue a temporary permit pro-
vided all of the following conditions are met:
(1) The applicant has submitted a completed
application for the permit as required
under section 5-3-4 or 5-3-7 of this Article;
(2) The applicant meets all the applicable
educationltraining requirements for issu-
ance of a permit under this Article;
(3) The applicant has passed all written ex-
aminations required for issuance of the
permit under this Article;
(4) The Sheriff has conducted an investiga-
tion as authorized under this Article, and
is waiting for results of the fingerprint
identification and criminal history report
from the California Department of Jus-
tice; and
(5) Without considering any information which
may be received in the fingerprint identi-
fication and criminal history report from
the Department of Justice, the Sheriffhas
not made any of the findings set forth in
Supp. No. 9s 1566
§ 5-3-9 SPECIFIC ADDITIONAL LICENSE REQUIREMENTS AND BUSINESS REGULATIONS § 5-3-11
sections 5-3-5(a) or 5-3-8(a) which would Sec. 5-3-11. Requirements of operation.
constitute grounds for denial of the per-
. mit. (a) Facilities.
(b) Unless revoked earlier pursuant to subsec- (1) Si ns. All exterior si s ident' 'n the
g ~ ~ g
tion c below the tem or ermit shall be valid
() P ~' P remises as a massa a establishment shall
P g
for forty-five (45) days or until such time as the comply with the sign requirements of the
Sheriff renders a decision on the a lication for
PP
' County of Orange. Each operator and/or
s or massage technician permit, which-
the operator
. .
on duty manager shall display the
ever is sooner. operator's permit in a conspicuous public
(c) The temporary permit may be revoked at place in the lobby of the massage estab-
any time without notice if the Sheriff makes any lishment. The hours of operation must be
of the following findings: posted in the front window and clearly
(1) The fingerprint identification and crimi- visible from the outside. The operator
nal history report submitted by the De- andlor on duty manager must also post,
partment of Justice contains information on a daily basis in a conspicuous public
upon which the Sheriff can make any of place in the lobby, the name of the opera-
the findings set forth in sections 5-3-5(a) for andlor on duty manager as well as all
or 5-3-8(a) which would constitute grounds on duty massage technicians.
for denial of the permit; or
2 The a licant has violated an of the
() PP y (2) Services last. Each operator shall post and
provisions of this Article. maintain a list of services available and
the cost of such services in a conspicuous
(d) Upon a determination by the Sheriff' that public place within the premises. No op-
grounds exist for revocation of the temporary erator or responsible managing employee,
permit, the Sheriff' shall serve the applicant, by shall permit, and no massage technician
certified mail, return receipt requested, ad- shall offer or perform, any service other
dressed to the business and residence address of than those posted.
the applicant, with a notice of revocation. The
notice shall state the reasons for the revocation (3) Lighting. Each operator shall provide in
and the effective date of the revocation, which each room where massage is given suffi-
date shall be the date of receipt by the applicant cient lighting and ventilation that com-
of the notice of revocation. plies with the Uniform Building Code.
(e) U on revocation of the tem ora ermit,
P P ~ P The lighting in each massage room shall
the applicant shall immediately cease and desist be at least one (1) sixty (60) watt white
engaging in activities previously permitted under li ht bulb and shall be activated at all
g
the tem or ermit.
P ~ P times while the patron is in such room or
(Ord. No. 01-013, § 1,10-23-O1) enclosure. No strobe flashing lights shall
be used. No colored li hts shall be used
g
Sec. 5-3-10. Off-premises massages. nor shall any coverings be used which
(a) No massa a erformed or administered for
gP change the color of the primary light
money or other consideration at a location other source.
than a massage establishment holding a permit (4) Bath facilities. A minimum of one (1)
issued in accordance with this Article (hereinafter toilet and one (1) separate wash basin
an "offpremises massage") shall be administered shall be provided for patrons in each mas-
in the County of Orange except in strict compl- sage establishment, which basin shall pro-
ance with the requirements of this section. vide soap and hot running water at all
(b) No person shall perform or administer an times and shall be located within close
off premises massage as defined herein within proximity to the area devoted to the per-
the County of Orange without obtaining and forming of massage services. A perma-
possessing amassage technician permit under nently installed soap dispenser, filled with
sections 5-3-7 and 5-3-8 of this Article. soap, and a single service towel dispenser
(Ord. No. 01-013, § 1, 10-23-01; Ord. No. 05-009, shall be provided at the restroom handwash
§ 6, 5-24-05) sink. No bar soap shall be used. A trash
Supp. No. 99 1567
§ 5-3-11 ORANGE COUNTY CODE § 5-3-11
receptacle shall be provided in each toilet the provisions of this Article, State
room. Showers shall be provided, and no law or other applicable laws or reg-
bathtubs shall be allowed. ulations are met. Routine inspec-
(5) Separate rooms. If male and female pa- Lions shall not occur more than twice
trons are to be treated simultaneously at a year, unless violations are found or
the same massage establishment se a-
' p complaints are received. Criminal
rate massage rooms shall be provided for investigations may be conducted as
male and female patrons. directed by the Sheriff., The Sheriff
may inspect the occupied massage
(6) Maintenance. All facilities for the mas- rooms for the purpose of determin-
sage establishment must be in good re- ing that the provisions of this Article
pair and shall be thoroughly cleaned and are met upon occurrence of any of
sanitized each day the business is in op- the conditions described in section
eration. All walls, floors and ceilings of 5-3-11(17) which would require the
each restroom and shower area shall be posting of the notice to all patrons.
made smooth and easily cleanable. No During an inspection, the Sheriff may
carpeting shall be installed in any of these verify the identity of all on-duty em-
areas. ployees.
(7) Massage table or chair. A massage table or b. Inspections of the massage establish-
chair shall be provided in each massage went shall be conducted during busi-
room and the massage shall be performed ness hours:
on this massage table or chair. The tables c. A erson who o erates a mass
p A age
should have a minimum height of eigh- establishment or his or her agent
teen (18) inches. Two (2 inch thick foam
) ,
servant or em to ee commits a vio-
p y
padswith aminimum width of two (2) feet
and a maximum width of four (4) feet may lation of this Article if he or she
be used on a massage table and must be refuses to ermit a lawful ins ec i
p p t on
covered with durable, washable plastic or of the premises by a representative
otherwaterproof material. Beds
floor mat- of the Sheriff at an ime it is occu-
~
,
tresses and waterbeds are not permitted
pied or open for business.
on the premises. (3) Linen. Common use of towels or linen
(b D erations.
) p shall not be permitted. lbwels and linen
shall be laundered or Chan ed rom tl
g p p Y
(1) Equipment. Each operator andlor on duty after each use. Separate enclosed cabinets
manager shall provide and maintain on shall be provided for the storage of clean
the premises adequate equipment for dis- and soiled linen and shall be plainly
infecting and sterilizing instruments used marked "clean linen" and "soiled linen"
in massage. and shall have doors or covers.
(2) Inspections. The operator and/or on duty (4) Residing in establishment prohibited. No
manager consents to the inspection of the person or persons shall be allowed to live,
massage establishment by the County's reside or dwell inside the massage estab-
Fire Department, the Sheriff, Code En- lishment at any time. No food of any kind
forcement Officers and the County Health shall be prepared for sale or sold in the
Department for the purpose of determin- establishment unless an appropriate food
ing that the provisions of this Article or vending permit is granted by the County
other applicable laws or regulations are of Orange.
met. (5) Alcoholic bever es / dru s. No erson shall
~' g p
a. The County's Fire Department, the enter, be in, or remain in, any part of a
Sheriff, code enforcement officers and massage establishment holding a permit
the County Health Department may, issued under this Article while in posses-
from time to time, make an inspec- sion of, consuming, using or under the
tion of each massage establishment influence of, any alcoholic beverage or
for the purpose of determining that controlled substance. The owner, operator
Supp. No. 99 1568
§ 5-3-11 SPECIFIC ADDITIONAL LICENSE REQUIREMENTS AND BUSINESS REGULATIONS § 5-3-11
and manager shall be responsible to en- prepared prior to administering any mas-
sure that no such person shall enter or sage or treatment and shall be retained
remain upon the massage establishment. for a period of twenty-four (24) months
Service of alcoholic beverages shall not be after such treatment or service. These
permitted. records shall be open to inspection upon
(6) Recordings. No electrical, mechanical or demand only by officials charged with
enforcement of this Article and for no
artificial device shall be used by the oper- other ur ose. The Sheriff shall eriodi-
p p p
ator or any employee of the massage es- tally inspect the records to ensure compli-
tablishmentfor audio andlor video record- ante with this Section. Such records shall
ing or for monitoring the performance of a be ke t on the remises of the massa e
p p g
massage, or the conversation or other establishment for a period of two (2) years.
sounds in the massage rooms without the The information furnished or secured as a
knowledge and consent of the patron. result of an such records should be used
Y
(7) Roster. The owner, operator or on-duty only to ensure and enforce compliance
manager of the massage establishment with this Article or any other applicable
shall keep a complete and current list of State or Federal laws and shall remain
the names and residence addresses of all confidential. Any unauthorized disclosure
massage technicians and employees of the or use of such information by any officer
massage establishment and the name and or employee of the County of Orange shall
residence addresses of the manager or constitute a misdemeanor.
managing employee purported to be prin-
ci ally in char a of the o eration of the
p g p 10 Hours o o eration. Th
( ) f P e owner must ad-
massage establishment. This roster shall vise the County, in writing, at the time of
be kept on the massage establishment the a location f r '
pp o a permit, of the busi-
premises and be available for ins ection
p ness hours and, thereafter, of any changes
by officials charged with enforcement of in such hours. No person shall operate a
this Article. massa a establishmen ' '
g t or administer a
massage in any massage establishment or
(8) Coverings. Each massage establishment administer an off premises massage be-
shall provide to all patrons clean, sari- tween the hours of 10:00 p.m. and 8:00
tary and opaque coverings capable of cov- a.m. A massage begun any time before
Bring the patrons' genitals, gluteal fold, 10:00 p.m. must nevertheless terminate
anus and female breast(s). No common at 10:00 p.m. All customers, patrons and
use of such coverings shall be permitted visitors shall be excluded from the mas-
and re-use is prohibited unless laundered sage establishment during these hours
or otherwise sanitized between each use. and be advised of these hours. The hours
of operation must be displayed in a con-
(9) Records. Every person operating a mas- spicuous public place in the lobby within
sage establishment shall keep a record of the massage establishment and in the
the dates and hours of each treatment or front window clearly visible from the out-
service, the name and address of the pa- side.
trop, the location of the premises where
the treatment or services is provided for (11) Advertising. No massage establishment
any off premises massage, the name of granted a permit under this Article shall
technician administering such service, a place, publish or distribute or cause to be
description of the treatment or service placed, published or distributed any ad-
rendered and the amount charged for the vertising matter that depicts any portion
treatment or services rendered. A short of the human body that would reasonably
medical history form shall be completed suggest to prospective customers or cli-
bythe operator to determine if the patron ents that any service is available other
has any communicable diseases, areas of
pain, high blood pressure or any physical than those services described in this Arti-
cle, nor shall any massage establishment
condition which may be adversely of employ language in the text of such ad-
fected bymassage. These records shall be vertising that would reasonably suggest
Supp. No. 99 1569
§ 5-3-11 ORANGE COUNTY CODE § 5-3-12
to a prospective patron that any service is such persons shall not be permitted in
available other than those services autho- any massage room while a customer is
rized by this Article, present in such room.
(12) Insurance. No person shall engage in, (16) Discrimination. No massage establish-
conduct or carry on the business of a went may discriminate or exclude pa-
massage establishment unless there is on trons on the basis of the race, sex, reli-
filewith the sheriff, in full force and effect gion, age or handicap.
at all times, documents issued by an in- 17 N . Th h riff '
( ) otaces e S e may require that the
surance com an authorized to do busi-
p y following notice be posted in the event
ness in the State of California evidencing that an em to ee of the massa a estab-
y p y g
that the permittee is insured under a lishment or any person who has been
liability insurance policy providing mini- aided and abetted by an em to ee of the
p y
mum coverage of $100,000.00 for injury or
. , massage establishment has been found,
death to one person arising out of the after full hearing by administrative ro-
p
operation of any massage establishment
.. ceeding or court conviction, to have vio-
and the administration of a massage. lated an of the rovisions listed in sec-
t p
(13) Handicapped areas. All massage estab- tion 5-3-5 or 5-3-8:
lishments must comply with all State and
Federal laws and regulations for Nandi- NOTICE TO ALL PATRONS
capped customers. THIS NJ[ASSAGE ESTABLISHIVIENTAND
(14) Doors. All .front, reception, hallway or THE MASSAGE ROOMS DO NOT PRO-
front exterior doors (except back or rear VIDE COMPLETE PRIVACY AND ARE
exterior doors used for employee entrance SUBJECT TO INSPECTION BY THE
to and exit from the massage establish- ORANGE COUNTY SHERIFF WITH-
ment) shall be kept unlocked during busi- OUT PRIOR NOTICE.
ness hours. No massage may be given a. The notice set forth above shall be
within any cubicle, room, booth or any prepared and issued by the Sheriff.
area within a massage establishment which b. The notices shall be cons icuousl
p y
is fitted with a door capable of being posted in a location within the mas-
locked, unless the only door is an exterior sa a establishment that are Basil
g y
door. .
visible to any person entering the
(15) Access. No person(s) other than valid per- premises and in each massage room,
mit holders under this Article and custom- The notice shall be so posted for
ers will be allowed beyond the front lobby, twelve (12) months following the de-
located directly inside the front door en- termination of any such violation, or
trance during hours of operation. Any date of conviction, of any of the of
other person(s) found beyond the first fenses set forth above.
interior door leading to the inside of the c. The requirement for posting the no-
businessincluding, but not limited tohall- tice described in this section is cu-
ways, massage rooms, receptionlbusiness mulative and in addition to all other
offices or lounge area will be in violation civil and criminal remedies and pen-
of this Article. Entry doors to any room alties set forth in this Article, or in
shall not be obstructed by any means. the ordinances laws rules or re
~ ~ ~
Nothin contained in this ara a h shall
g p ~' p lations of the County of Orange and
prohibit any person who is an office em- the State of California.
ployee of the establishment from being (Ord. No. 01-013, § 1,10-23-O1)
present in hallways, reception/business
offices or other areas relating to his or her Sec. 5-3-12. Changes of business.
employment duties, nor prohibit any au-
thorized repair, maintenance or service (a) Every massage establishment operator shall
personnel from being present in areas report immediately to the Sheriff any and all
while providing such services, except that changes of ownership or management of the mas-
Supp. No. 99 1570
§ 5-3-12 SPECIFIC ADDITIONAL LICENSE REQUIREMENTS AND BUSINESS REGULATIONS § 5-3-13
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sage establishment, including, but not limited to,
changes of manager or other person principally in
charge, stockholders holding more than five (5)
percent of the stock of the corporation, officers
and directors of the corporation, partners of the
partnership, including limited partners and all
changes of name, style or designation under which
the business is to be conducted, and all changes of
address or telephone numbers of the massage
business. A change of location of any of the pre-
mises may be approved by the Sheriff' provided
there is compliance with all applicable regula-
tions of the County of Orange.
(b) No massage operator's permit maybe sold,
transferred or assigned by a permittee, or by
operation of law, to any other person or persons.
Any such sale, transfer or assignment, or at-
tempted sale, transfer or assignment, shall be
deemed to constitute a voluntary surrender of
such permit and such permit shall thereafter be
null and void; provided and excepting, however,
that if the permittee is a partnership and one (1)
or more of the partners should die, one (1) or more
of the surviving partners may acquire, by pur-
chase or otherwise, the interest of the deceased
partner or partners without effecting a surrender
or termination of such permit, and in such case,
the permit, upon notification to the Sheriff, shall
be placed in the name of the surviving partners. A
massage operator's permit issued to a corporation
shall be deemed terminated and void when five
(5) percent or more of the stock of the corporation
is sold, transferred or assigned after the issuance
of a permit. No massage technician permit maybe
sold, transferred or assigned by a permittee, or
any operation of law, to any other person or
persons.
(c) No permit issued hereunder shall be trans-
ferable to any other person or establishment,
provided, however, an additional location or change
of location of a massage technician permit will be
allowed upon prior written notice to the Sheriff'
and payment of the appropriate transfer fee.
(d) Except as provided in subsections (e) and
(fj below, permits for massage operators and tech-
nicians shall be renewed on a year to year basis
provided that the permittee continues to meet the
requirements of this Article.
(e) Applications for the next ensuing permit
shall be filed with the Sheriff before the expira-
tion of the existing permit. Temporary permits
will not be issued for renewals and renewal ap-
Supp. No. 99
1571
plications must be filed no later than sixty (60)
days prior to the expiration of the permit to
prevent a lapse of the permit.
(f7 Renewal applications shall include such in-
formation as may be required by the Sheriff to
update the information contained in the original
permit application. With respect to massage tech-
nician permits, renewal applications must be ac-
companied with proof that the applicant has
completed twelve (12) hours of continuing educa-
tion from a recognized school of massage as de-
fined in this Article. The applicant shall accom-
pany the application for renewal with the
appropriate filing fee approved by resolution of
the Board of Supervisors.
(Ord. No. 01-013, § 1,10-23-01; Ord. No. 05-009,
§ 7, 5-24-05)
Sec. 5-3-13. Exemption; existing permittees.
(a) The requirements of this Article shall have
no application and no effect upon, and shall not be
construed as applying to, any persons designated
as follows:
(1) State licensed physicians, surgeons, chi-
ropractors (where the chiropractor is
present on the premises during normal
business hours and has seen and pre-
pared or approved a treatment plan for
each person receiving massage), physical
therapists, osteopaths, or any registered
nurse working on the premises of, and
under the direct supervision of, a State
licensed physician, surgeon, chiropractor
or osteopath. Practical nurses, licensed
vocational nurses, or other persons with-
out qualifications as massage technicians
and without first obtaining a massage
technician permit pursuant to this Arti-
cle, whether employed by physicians, sur-
geons, chiropractors or osteopaths or not,
may not give massage or massage proce-
dures.
(2) Barbers and beauticians who are duly
licensed under the laws of the State of
California while engaging in the practices
within the scope of their licenses, except
that this exception shall apply solely to
the massaging of the neck, face, scalp,
hands, feet and hair of the customer or
client.
(3) Persons administering a chair massage as
defined in this Article, provided that the
§ 5-3-13 ORANGE COUNTY CODE § 5-3-14
Sheriff receives a letter from the property
or business owner of the location where
the chair massage is to be administered
stating his/her/its knowledge and ap-
proval of the chair massage, the location
where the chair massage will take place,
the dates and hours the chair massage
will be conducted, the identity of the per-
son(s) administering the chair massage
and that only a recognized massage chair
will be used. This exemption shall not
apply to any business in which chair mas-
sage is other than an incidental service
provided.
(4) Accredited high schools, junior colleges,
colleges, or universities whose coaches
and trainers are acting within the scope of
their employment.
(5) Trainers of amateur, semi-professional or
professional athletes or athletic teams
while engaging in their training responsi-
bilitiesfor and with athletes; and trainers
working in conjunction with a specific
athletic event such as road races, track
meets, triathlons, biathlons, or similar
single occurrence athletic or recreational
events.
(b) Commencing on the effective date of this
Article, all permits are to be issued in accordance
with the provisions of this Article.
(c) Existing operator's and massage technician's
permits shall continue in effect until expiration.
(1) Within twelve (12) months following the
effective date of this Article, all existing
massage technician permit holders shall
either (i) meet and comply with the re-
quirements of section 5-3-7(b) or (ii) take
and pass the test administered by the
county pursuant to section 5.3-7(c). Fail-
ure of a massage technician to comply
with the requirements of the preceding
sentence shall render such massage
technician's existing permit (including any
renewal permit issued after the effective
date of this Article) null and void at the
expiration of said twelve-month period.
(2) Operators who have an existing and valid
operator's permit on the date this ordi-
nance becomes effective (and the manag-
ers of such operators' massage establish-
ments) shall have twelve (12) months
following the effective date of this ordi-
nance to comply with the requirements of
section 5-3-7(b). Failure of an operator, or
any designated manager of such operator,
to comply with the requirements of the
preceding sentence shall render such
operator's existing permit null and void at
the expiration of said twelve month pe-
riod.
(Ord. No. 01-013, § 1, 10-23-01)
Sec. 5.3-14. Suspension, revocation, denial
and appeal.
(a) Violation and noncompliance. The Sheriff
may refuse to issue or renew a permit or may
revoke or suspend an existing permit on the
grounds that the applicant or permit holder has
failed to comply with the permit conditions or the
requirements of this Article. If a suspended per-
mit lapses during the suspension period, a new
application must be made at the end of the
suspension period. In any such case, the applicant
or permit holder shall have the right to appeal the
decision in the time and manner set forth in this
section.
(b) Notice. When the Sheriff concludes that
grounds for denial, suspension, revocation or re-
fusal to renew a permit exist, the Sheriff shall
serve the applicant or permit holder, by certified
mail, return receipt requested, addressed to the
business and residence address of the applicant or
permit holder, with a notice of denial or notice of
intent to suspend, revoke or refuse to renew the
permit (hereinafter the "Sheriffs Notice"). The
Sheriffs Notice shall state the reasons for the
proposed action, the effective date of the decision,
the right of the applicant or permit holder to
appeal the decision, and that the decision will be
final if no appeal is filed within the time permit-
ted.
(c) Appeal. Any applicant or permit holder
may appeal the decision of the Sheriff made
pursuant to subdivision (a) herein. Said appeal
shall be made by a notice of appeal consisting of a
verified written declaration of the person appeal-
ing which must be received by the Clerk of the
Board, with a copy to the Sheriffwithin thirty (30)
days from the mailing date of the Sheriffs Notice.
The declaration shall set forth each fact on the
basis of which it is claimed that the Sheriffs
action was improper. A copy of the Sheriff's Notice
shall be attached to the notice of appeal. The
Supp. No. 99 1572
§ 5-3-14 SPECIFIC ADDITIONAL LICENSE OR PERMIT REQUIREMENTS AND BUSINESS REGULATIONS § 5-3-26
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appeal shall be heard by a Hearing Officer, who
shall preside over the hearing, take evidence
regarding the appeal and determine whether, on
the basis of a preponderance of the evidence, the
action appealed from shall be upheld. The burden
of proof shall be on the person appealing the
denial of an application for permit or the refusal
to renew a permit. The burden of proof shall be on
the Sheriff in an appeal from the revocation or
suspension of a permit. The decision of the Hear-
ing Officer shall be final.
(d) Vested rights. No permit granted herein
shall confer any vested right to any person or
business for more than the permit period. All
massage operators, managers and technicians
subject to this Article shall comply with the pro-
visions of this Article as they may be amended
hereafter.
(Ord. No. 01-013, § 1, 10-23-01; Ord. No. 05-009,
§ 8, 5-24-05)
ARTICLE 2. SECURITY SYSTEMS,
SECURITY OFFICERS
Sec. 5-3.15. Specific license requirements:
Security system, security officer.
Every applicant for a security system license
must have a private patrol operator's license
issued by the State of California. Every applicant
for a security officer license must be a citizen of
the United States.
(Code 1961, § 53.021)
Sec. 5-3-16. Regulations: Security officer to
wear badge and carry license.
While engaged in his duties as such, a security
officer shall keep upon his person at all times his
license and shall wear a badge approved by the
Sheriff, and shall wear no other badge of any
kind, character or description, except a badge
issued to him by lawful governmental authority.
(Code 1961, § 53.022)
Sec. 5-3.17. Regulations: Security system re-
stricted to licensed security of-
ficers.
The operator of a security system shall neither
employ nor utilize the services in any way of a
Supp. No. 100
1573
security officer whose name is not registered with
the Sheriff, .and who does not possess a valid,
subsisting security officer's license.
(Code 1961, § 53.023)
Sec. 5.3-18. Security system vehicle and em-
blem to be distinctive.
Licensees shall not use any vehicle which is
painted in such a manner or in such colors as to
cause it to be in imitation of or can be mistaken
for an official patrol or traffic vehicle of the Sheriff
or of any police department of any city within the
County of Orange, nor shall any such vehicle
display any emblem or decal which is an imitation
of, or can be mistaken for, any official vehicle
emblem or decal of the Sheriff or of any police
agency of any city within the County of Orange.
(Code 1961, § 53.024)
Sec. 5-3-19. Regulations: Weapons and equip-
ment specified by Sheriff.
The Sheriff shall specify the police equipment,
including weapons, which a licensee may wear or
carry while on duty. A licensee shall not wear any
equipment or weapon or carry any weapon not so
specified.
(Code 1961, § 53.025)
Sec. 5-3.20. Regulations: Uniform to be dis-
tinctive.
A licensee shall not wear any badge or uniform
which is in imitation of, or can be mistaken for, an
official Sheriff s or Marshal's badge or uniform or
an official police uniform of the police force of any
city within the County of Orange, or an official
uniform of any State officer.
(Code 1961, § 53.026)
Secs. 5-3-21-5-3-25. Reserved.
Sec. 5-3-26. Regulations: Rank and title of
licensee to be distinctive.
A licensee shall not assume or use a rank or
title the same as or similar to any rank or title
used by the Sheriff or by any police department
within the County of Orange.
(Code 1961, § 53.027)
§ 5-3-27
ORANGE COUNTY CODE
Sec. 5-3-27. Regulations: Security system's
use of rank and title to be dis-
tinctive.
A security system shall not use, grant or be-
stow, or permit any security officer to assume or
use any rank or title the same as or similar to any
rank or title used by the Sheriff or by any police
department within the County of Orange.
(Code 1961, § 53.028)
Sec. 5.3.28. Regulations: Licensee's action re-
stricted to patrolled property.
A licensee shall not, either by himself or through
the actions of another, harass, annoy or commit a
nuisance against or injure the property of, or
unnecessarily enter or otherwise trespass upon
the property of any person whose property the
licensee is not employed to protect.
(Code 1961, § 53.029)
Sec. 5.3.29. Regulations: Licensee restricted
from performing police duties.
A licensee shall not perform official police or
investigation activities, but shall immediately re-
port every violation of law and every unusual
occurrence to the Sheriff. A licensee shall make a
full report of such violation or other occurrence
without unnecessary delay to the Sheriff.
(Code 1961, § 53.0210)
Sec. 5-3-30. Regulations: Complaints inves-
tigated by Sheriff.
All complaints regarding the activities of a
licensee shall be investigated by the Sheriff. Re-
ports of such complaints shall be held in the
Sheriffs files and shall be subject to inspection of
the Board at all times.
(Code 1961, § 53.0211)
Sec. 5.3-31. Return of license.
(a) A security officer shall surrender his li-
cense to his employer when his license is revoked
or when he ceases to be employed as a security
officer by the security system designated on his
license.
(b) The licensee of a security system shall
inform the Sheriff within five (5) days after any
security officer no longer is an owner, member or
§ 5-3-81
employee of such licensee and shall return the
license of such security officer, or the revoked
license of a security officer, to the Sheriff.
(Code 1961, § 53.0212)
Secs. 5.3.32-5-3.41. Reserved.
ARTICLE 3. RESER~ED*
Secs. 5-3.42-5-3.53. Reserved.
ARTICLE 4. RESERVED
Secs. 5-3.54-5-3.69. Reserved.
ARTICLE 5. RESERVED
Secs. 5-3.70-5-3-80. Reserved.
ARTICLE 6. N[ANURE, FERTILIZER
Sec. 5-3-81. Regulations: Sanitary conditions
required.
Any person, firm or corporation maintaining on
his or its premises a distributing point where
manure or stable, barnyard, cow yard or poultry
yard refuse is loaded from one vehicle or recepta-
cle to other vehicles or receptacles for the purpose
of distribution, shall keep such premises in a
clean and sanitary condition so that the same will
not become a nuisance, health or fly menace to
the surrounding community. The Health Depart-
ment of the County of Orange is hereby vested
with power and authority to establish and enforce
such reasonable regulations as in its judgment
shall be necessary for the control of fly breeding
and other health menaces in connection with such
premises.
(Code 1961, § 53.061)
*Editor's note-Ord. No. 05-020, §§ 28 and 29, adopted
November 22, 2005, amended the Code by repealing Art. 3,
§§ 5-3-42 and 5-3-43. Former Art. 3 pertained to taxicab
stands, and derived from the Code of 1961, §§ 53.031 and
53.032.
tEditor'saote-Section 2 of Ord. No. 3022, adopted Dec.
13,1977, repealed former Art. 4, §§ 5-3-54--5-3-59, relative to
ambulance operators, drivers and attendants and derived
from Code 1961, §§ 53.041-53.046, and Ord. No. 2662, § 1,
adopted March 20,1973.
#Editor's note-Ord. No. 98-16, § 1, adopted December 8,
1998, amended the Code by repealing Art. 5, § 5-3-70, in its
entirety. Former Art. 5 pertained to hog ranches and derived
from the Code of 1961, § 53.051.
n
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Supp. No. loo 1574
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§ 5-3-82 SPECIFIC ADDITIONAL LICENSE OR PERMIT REQUIREMENTS AND BUSINESS REGULATIONS § 5-3-139
Sec. 5-3-82. Regulations: Standing time limit ARTICLE 8. RESERVED'
on railroads and highways.
Secs. 5-3-105-5-3-115. Reserved.
(a) It shall be unlawful for any person, firm or
corporation to allow any railroad car or other
vehicle containing manure or stable, barnyard,
cow yard or poultry yard refuse or other offensive
or nauseous substance to stand upon or along any
railroad or upon or along any public street or
highway or any public place for any longer period
than is reasonably necessary for the unloading
and distribution of the same, such time in any
event not to exceed forty-eight (48) hours.
(b) It shall be unlawful for any person, firm or
corporation to allow to stand for a period longer
than is reasonably necessary, and in any event
not longer than forty-eight (48) hours, any ma-
nure orstable, barnyard, cow yard or poultry yard
refuse or other offensive or nauseous substances
which have been deposited upon or along the line
of any railroad or upon or along any public street
or highway or any other public place in the
County of Orange.
(Code 1961, § 53.062)
Sec. 5.3-83. Regulations: Transportation.
It shall be unlawful for any person, firm or
corporation to haul, transport and convey or to
cause or permit to be hauled, transported or
conveyed any manure or stable, barnyard, cow
yard or poultry yard refuse, garbage or other
nauseous substances upon, or along, any public
highway in the County of Orange, except in a
vehicle so constructed, maintained and covered
that such manure or stable, barnyard, cow yard or
poultry yard refuse, garbage or other nauseous
substances shall not escape from any such vehi-
cle, box or other receptacle in, into or upon any
such public street, alley or public place or perme-
ate the atmosphere.
(Code 1961, § 53.063)
Secs. 5-3-84-5-3.93. Reserved.
ARTICLE 7. RESERVED*
Secs. 5-3-94-5-3-104. Reserved.
*Editor's note-Ord. No. 98-16, § 1, adopted December 8,
1998, amended the Code by repealing Art. 7, § 5-3-94, in its
entirety. FormerArt. 7pertained tofortune-telling and related
arts, and derived from the Code of 1961, § 53.071.
Supp. No. 100
1575
ARTICLE 9. PUBLIC DANCES
Sec. 5-3-116. Reserved.
Editor's note-Ord. No. 98-16, § 1, adopted December 8,
1998, amended the Code by repealing § 5-3-116 in its entirety.
Former § 5-3-116 pertained to hours, and derived from the
Code of 1961, § 53.091.
Sec. 5.3-117. Regulations: Disorderly con-
duct.
It shall be unlawful for any person in charge of
or assisting in the conducting of any public dance
to permit any intoxicated, boisterous or disorderly
person to enter, be or remain in or to assist in any
public dance, and it shall be unlawful for any
person in an intoxicated condition to enter or
remain in any public dance or for any reason to
conduct himself in a boisterous or disorderly
manner in such public dance.
(Code 1961, § 53.092)
Secs. 5-3-118-5-3.127. Reserved.
ARTICLE 10. PEDDLERS, BUSINESS
SOLICITORS AND CANVASSERS
Sec. 5.3-128. Regulations: Misrepresentation.
It shall be unlawful for any peddler, food ped-
dler, business solicitor or canvasser to make or
perpetrate any misstatements, deceptions or fraud
in connection with any sale or solicitation for
orders or subscriptions.
(Code 1961, § 53.101)
Secs. 5-3-129-5-3-138. Reserved.
ARTICLE 11. SOLICITATION AND SALES
ON AND NEAR HIGHWAYS
Sec. 5-3-139. Regulations: Soliciting trans-
portation, lodging and food on
highways.
It shall be unlawful for any person, firm or
corporation to solicit patronage for or on behalf of
1'Editor's note-Ord. No. 98-16, § 1, adopted December 8,
1998, amended the Code by repealing Art. 8, §§ 5-3-105-5-3-
108, in its. entirety. Former Art. 8 pertained to secondhand
dealers, pawnbrokers and coin-currency dealers, and derived
from Ord. No. 3203, adopted July 15,1980.
§ 5-3-139
ORANGE COUNTY CODE
any person, firm or corporation, engaged in the
business of transporting or transferring persons,
baggage or property, or to solicit patronage for or
on behalf of any hotel, lodging house or boarding-
house, cafe or restaurant, upon or within the
public right-of way within the County of Orange.
(Code 1961, § 53.111; Ord. No. 98-15, § 57,12-8-
98)
Sec. 5.3.140. Regulations: Restricted from
public right-of-way.
It shall be unlawful for any person, firm or
corporation to conduct a market commonly called
or known as a "roadside market," or other busi-
nesswithin or upon the right-of=way of any public
highway or road within the County of Orange, or
within or upon the intersections of rights-of way
of any public highways within the County of
Orange, or in such a place and manner so as to
interfere with the safe flow of normal traffic on
such highway or road.
(Code 1961, § 53.112)
Secs. 5-3-141-5.3.150. Reserved.
ARTICLE 12. SHOWS
Sec. 5-3.151. Regulations: Scope.
All licensed or permitted shows shall comply
with the requirements of this article.
(Code 1961, § 53.121; Ord. No. 05-020, § 30,
11-22-05)
Sec. 5-3-152. Regulations: Food service.
All food handling and food preparation shall
meet the requirements of the California Uniform
Retail Food Facilities Law, Division 104, Part 7,
Chapter 4, California Health and Safety Code.
(Code 1961, § 53.122; Ord. No. 98-15, § 58,12-8-
98)
Sec. 5-3-153. Regulations: Toilet facilities.
Zbilets shall be either water flush or the chem-
ical type. The chemical-type toilets shall be ser-
viced by a licensed vacuum truck. An adequate
number of toilets for each sex shall be provided
according to the following table:
§ 5-3-168
Number of Persons
to AttPnr~.rr.n.ro
Number
Toilets
Required Male Female
1 1-100 1-100
2 101-200 101-200
3 201-400 201-400
Over 400, add 1 fixture for each
additional 500 males and 1 for
each additional 300 females.
(Code 1961, § 53.123)
Sec. 5.3.154. Regulations: Animal safekeep-
ing.
All stock, such as ponies, dogs, monkeys or
other animals, are to be kept tied or in cages, so as
not to endanger human life or destroy growing
crops or other property adjoining the showground.
(Code 1961, § 53.124)
Sec. 5.3.155. Regulations: Water supply.
All water supplied for domestic use shall be
from an approved source.
(Code 1961, § 53.125)
Sec. 5-3-156. Regulations: Fly control.
Fly breeding shall be controlled by removing
all organic waste daily from the premises. This
includes cleaning of the vehicles, upon arrival,
that transport the animals. Insecticides, both
residual and quick knockdown sprays, shall be
available and used as directed by the Health
Officer.
(Code 1961, § 53.126)
Sec. 5-3-157. Regulations: Final cleanup.
All manure, garbage, trash or other types of
refuse shall be removed from the premises, imme-
diately after the last showing.
(Code 1961, § 53.127)
Sec. 5-3-158. Reserved.
Editor's note-Ord. No. 98-16, § 1, adopted December 8,
1998, amended the Code by repealing § 5-3-158 in its entirety.
Former § 5-3-158 pertained to safety regulations, and derived
from the Code of 1961, § 53.128.
Secs. 5.3.159-5.3.168. Reserved.
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Supp. No. 100 1576
§ 5-3-169 SPECIFIC ADDITIONAL LICENSE OR PERMIT REQUIREMENTS AND BUSINESS REGULATIONS § 5-3-270
•
•
ARTICLE 13. RESERVED*
Secs. 5-3-169-5-3-184. Reserved.
ARTICLE 14. COMMERCIAL MANURE
DEALERS
Sec. 5-3-185. Registration.
It shall be unlawful for any commercial ma-
nure dealer to gather, collect, haul, stockpile,
spread or sell any manure or manure-like sub-
stance within Orange County without first regis-
tering with the County Health Officer on forms
prescribed by him. Such registration shall expire
at the end of each calendar year and shall be
renewed annually during the first week in Janu-
ary. There shall be no fee for such registration nor
any subsequent renewal.
(Code 1961, § 53.141)
Sec. 5-3-186. Failure to register a misde-
meanor.
Failure to register as a commercial manure
dealer as provided in this article shall constitute a
misdemeanor punishable, upon conviction thereof,
by a fine not exceeding five hundred dollars
($500.00) or one hundred (100) days imprison-
ment in the County Jail, or by both such fine and
imprisonment.
(Code 1961, § 53.142)
Secs. 5.3.187-5-3-196. Reserved.
ARTICLE 15. RESERVED'
Secs. 5-3-197-5-3-239. Reserved.
ARTICLE 16. RETAIL SALE OF
CONCEALABLE FIREARMS
Sec. 5-3.240. Licensing of retail sellers of
concealable weapons.
The Sheriff of Orange County is hereby desig-
nated as the licensing authority for said County
*Editor's note-Ord. No. 98-16, § 1, adopted December 8,
1998, amended the Code by repealing Art.13, §§ 5-3-169-5-
3-174, in its entirety. Former Art.13 pertained to mobile X-ray
units, and derived from the Code of 1961, §§ 53.191-53.136.
'Editor's note-Article 15, regulating outdoor gather-
ings, §§ 5-3-197-5-3-227, derived from Code 1961, §§ 53.151-
53.1516,was repealed by § 4 of Ord. No. 3678, adopted Dec.15,
1987. See §§ 7-9-136.9, 7-9-136.11.
Supp. No. 100
1577
and is authorized to issue licenses therefor pur-
suant to article 4 of title 2 of part 4 of the
California Penal Code (commencing with section
12070) as said article exists or may be amended
from time to time for the sale at retail of pistols,
revolvers and other firearms capable of being
concealed upon the person.
(Ord. No. 2824, § 2, 3-18-75)
Secs. 5.3-241-5-3-259. Reserved.
ARTICLE 17. ANIMAL FACILITIES
Sec. 5-3.260. Regulations.
The Board of Supervisors may, by resolution,
adopt regulations governing the construction and
maintenance of animal facilities licensed or per-
mitted under this title, including animal exhibi-
tions, animal rental establishments, kennels,
grooming parlors and pet shops. Failure to com-
ply with such regulations shall constitute cause
for denial or revocation of such license or permit.
(Ord. No. 2836, § 14, 5-6-75; Ord. No. 2908, § 1,
5-4-76; Ord. No. 05-020, § 31,11-22-05)
Sec. 5-3-261. Kennel.
No additional pet shop or grooming parlor
license shall be required for activities covered by
the kennel license.
(Ord. No. 2836, § 14, 5-6-75)
Sec. 5-3-262. Pet shop.
No additional grooming parlor license shall be
required for activities covered by a pet shop
license.
(Ord. No. 2836, § 14, 5-6-75)
Sec. 5-3-263. Veterinary hospitals and clin-
ics.
Veterinary hospitals and veterinary clinics shall
be exempt from the provisions of this title with
regard to those activities conducted pursuant to
any license or permit issued by the State of
California.
(Ord. No. 2836, § 14, 5-6-75)
Secs. 5-3-264-5.3-270. Reserved.
§ 5-3-271
ORANGE COUNTY CODE
ARTICLE 18. BINGO GAMES
Sec. 5-3-271. Bingo games.
(a) Bingo game application forms shall specify
the name of the organization, frequency with
which bingo games will be held, the location in
which bingo games will be held, the name of the
person or persons who will be responsible for the
conduct of the games, the name of the person
responsible for keeping the financial records of
such activity, and provide for proof that the orga-
nization isexempt from the payment of bank and
corporation tax by sections 23701(a), 23701(b),
23701(d), 23701(e), 23701(f~, 23701(g) and 23701(1)
of the Revenue and Taxation Code, or that the
organization is a mobile home park association or
a senior citizens organization. A fee in an amount
established by resolution of the Board of Supervi-
sors shall accompany each application.
(b) The proof of exempt status in (a) above
must consist of a copy of the application for
exempt status sent to the State Franchise Tax
Board, and a certified copy of the letter from the
State Franchise Board granting such exempt sta-
tus.
(Ord. No. 2935, § 3, 9-21-76; Ord. No. 2998, § 2,
8-23-77; Ord. No. 05-020, § 32, 11-22-05)
Secs. 5-3-272-5-3-290. Reserved.`
ARTICLE 19. MODEL STUDIOS AND
DANCE STUDIOS'
Sec. 5-3-291. Employment of unlicensed fig-
ure models or dance instruc-
tors.
No licensee or operator of a figure model studio
or dance studio shall employ, or utilize the ser-
vices in any way, of a figure model or dance
instructor who does not possess a valid and sub-
sisting license.
(Ord. No. 2974, § 3, 4-6-77; Ord. No. 05-020, § 34,
11-22-05)
*Editor's note-Section 2 of Ord. No. 3234, adopted Dec.
23, 1980, repealed former §§ 5-3-272-5-3-283, pertaining to
Bingo, derived from Ord. No. 2935, § 3, adopted Sept. 21,1976,
and Ord. No: 2998, § 2, adopted Aug. 23,1977.
'Editor's note-Ord. No. 05-020, § 33, adopted November
22, 2005, amended the title of Art.19 by removing the words
"and Rap Session Establishments."
Sec. 5-3-292. Disrobing prohibited.
§ 5-3-302
No figure model studio or dance studio shall
permit any person other than a licensed figure
model or dance instructor to disrobe or to be
disrobed so as to be nude while at the model
studio. An easily recognizable and readable sign
shall be posted in a conspicuous place near the
main entrance of the establishment stating, "Pa-
trons Are Prohibited From Disrobing On The
Premises." This notice shall be in English and
Spanish.
(Ord. No. 2974, § 3, 4-6-77; Ord. No. 05-020, § 35,
11-22-05)
Sec. 5-3-293. Minimum lighting.
Minimum lighting shall be provided in accor-
dancewith the Uniform Building Code as adopted
by title 7, division 1, article 2 of this Code, and, in
addition, at least one (1) artificial light of not less
than forty (40) watts shall be provided in each
enclosed room or area where the activities of
figure modeling or dance instruction take place,
and shall be lit during normal business hours
when persons are present.
(Ord. No. 2974, § 3, 4-6-77; Ord. No. 05-020, § 36,
11-22-05)
Sec. 5.3-294. Hours.
No person shall conduct or operate a figure
model studio or dance studio between the hours of
10:00 p.m. and 8:00 a.m. of the following day.
(Ord. No. 2974, § 3, 4-6-77; Ord. No. 05-020, § 37,
11-22-05)
Secs. 5-3-295-5-3-300. Reserved.
ARTICLE 20. ALARM SYSTEMS
Sec. 5-3-301. Reserved.
Editor's note-Ord. No. 98-16, § 1, adopted December 8,
1998, amended the Code by repealing § 5-3-301 in its entirety.
Former § 5-3-301 pertained to alarm systems, standards and
regulations, and derived from Ord. No. 3123, adopted Apri13,
1979.
Sec. 5-3-302. Direct dial telephone devices.
No person shall lease, maintain, service, re-
pair, alter, replace, move, install or use any alarm
system which automatically direct dials the tele-
phone number of the Sheriff-Coroner.
(Ord. No. 3123, § 5, 4-3-79; Ord. No. 98-15, § 59,
12-8-98)
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Supp. No. loo 1578
§ 5-3-303 SPECIFIC ADDITIONAL LICENSE OR PERMIT REQUIREMENTS AND BUSINESS REGULATIONS § 5-3-314
•
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Sec. 5.3-303. Direct alarms.
Direct alarm systems shall not be connected to
the Sheriff-Coroner except with the permission of
the Sheriff-Coroner.
(Ord. No. 3123, § 5, 4-3-79; Ord. No. 98-15, § 59,
12-8-98)
Sec. 5.3-304. Responsibilities of alarm sys-
tem subscribers or users.
(a) When an alarm system has been activated
for an alarm subscriber, the alarm business which
provides the subscription service shall arrange at
all times to have an alarm agency with the ability
to be present at the location of the alarm within
one (1) hour after being requested to do so by a
representative of the Sheriff Coroner. The user of
an alarm system which is not part of a subscrip-
tion service shall designate a person to be avail-
able to respond to the protected premises within
one (1) hour after being requested to do so by a
representative of the Sheriff-Coroner.
(b) The subscriber or user of any alarm system
shall maintain the alarm equipment in proper
working order at all times.
(c) For every alarm system, the subscriber or
user or the alarm business which provides sub-
scription service shall furnish to the Sheriff-
Coroner the names, addresses and telephone num-
bers of as many persons as are deemed necessary
by the Sheriff Coroner to call in the event of an
emergency. The subscriber, user or alarm busi-
ness shall communicate to the Sheriff Coroner
immediately in writing any changes occurring in
any of the names, addresses or telephone num-
bers provided to the Sheriff Coroner.
(Ord. No. 3123, § 5, 4-3-79; Ord. No. 98-15, § 59,
12-8-98)
Sec. 5-3-305. Automatic shutoff require-
ments, audible alarms.
All audible systems shall, after activation, limit
the generation of the audible sound to a maxi-
mum of fifteen (15) minutes when the alarm
system is protecting a residential premises, and
thirty (30) minutes when an alarm is protecting
any other premises. This limitation shall be in-
corporated into the equipment at the protected
location. Said system may include an automatic
resetting device causing the subject system to
rearm upon automatic shutoff.
(Ord. No. 3123, § 5, 4-3-79)
Supp. No. 100
1579
Sec. 5-3-306. Reserved.
Editor's note-Ord. No. 98-16, § 1, adopted December 8,
1998, amended the Code by repealing § 5-3-306 in its entirety.
Former § 5-3-306 pertained to delay device requirements, and
derived from Ord. No. 3123, Apri13,1979.
Sec. 5.3-307. False alarms, prevention and
payment of costs.
In addition to any fines or penalties estab-
lished by law, the Sheriff-Coroner shall collect
costs from any subscriber or user of an alarm
system which is not maintained in accordance
with the requirements of this article and which,
by reason thereof, signals a false alarm. As used
in this article, "costs" means the costs of the
Sheriff-Coroner in responding to a false alarm,
which costs shall be determined by the Board of
Supervisors by resolution.
(Ord. No. 3123, § 5, 4-3-79; Ord. No. 98-15, § 59,
12-8-98)
Sec. 5-3-308. Intentional false alarms; penal-
ties; costs.
No person shall intentionally initiate a false
alarm except for purposes of testing an alarm
system and then only after having given the
Sheriff-Coroner prior notice thereof. Any person
who violates this section shall be guilty of a
misdemeanor and also shall be required to pay to
the County of Orange the costs prescribed by
section 5-3-307. The Sheriff Coroner is authorized
to collect such costs on behalf of the County of
Orange.
.-
(Ord. No. 3123, § 5, 4-3-79; Ord. No. 98-15, § 59,
12-8-98)
Secs. 5-3-309-5.3-314. Reserved.
§ 5-3-315 ORANGE COUNTY CODE
§ 5-3-322
ARTICLE 21. AEROSOL PAINT Large marker pen means any indelible marker
CONTAINERS, LARGE MARKER PENS, or similar implement with a tip which, at its
PAINT STICKS AND ETCHING TOOLS* broadest width, is greater than one-eighth inch,
containing anything other than a solution which
Sec. 5.3-315. Declaration of policy and pur- can be removed with water after it dries.
pose.
In enacting this article, the Board of Supervi-
sors of Orange County makes the following find-
.
ings:
(1) Provisions of State law provide punish-
ment for vandalism in the form of mali-
cious defacing of property with paint, and
prohibit the sale to or purchase by minors
of aerosol paint containers capable of de-
facing property.
(2) Graffiti can be created not only by aerosol
paint, but also by large marker pens,
paint sticks and etching tools.
(3) Graffiti created by aerosol paint, large
marker pens, paint sticks and etching
tools continues to proliferate in the County
of Orange due in substantial part to theft
of aerosol paint containers, large marker
pens, paint sticks and etching tools.
(4) Local deterrents to the availability for use
of these graffiti implements are needed to
supplement State law and inhibit the use
of these graffiti implements for graffiti
purposes.
(Ord. No. 3894, § 1, 7-13-93)
Paint stick means any device containing a solid
form of paint, chalk, wax, epoxy, or .other similar
substance capable of being applied to a surface by
pressure, and upon application, leaving a mark at
least one-eighth inch in width,. visible from a
distance of twenty (20) feet, and not water solu-
ble.
(Ord. No. 3894, § 1, 7-13-93)
Sec. 5-3-317. Display of aerosol paint con-
tainers, large marker pens,
paint sticks and etching tools.
Every person who owns, conducts, operates or
manages a retail commercial establishment sell-
ing aerosol paint containers, large marker pens,
paint sticks or etching. tools shall store or cause
such aerosol paint containers, large marker pens,
paint sticks and etching tools to be stored in an
area viewable by the public, but not accessible to
the public in the regular course of business with-
out employee assistance, pending legal sale or
disposition of such aerosol paint containers, large
marker pens, paint sticks or etching tools.
(Ord. No. 3894, § 1, 7-13-93)
Secs. 5-3-318-5.3-320. Reserved.
Sec. 5.3.316. Definitions.
The following terms used in this article shall
have the meaning herein set forth:
Aerosol paint container means any aerosol con-
tainer regardless of the material from which it is
made, which is adapted or made for the purpose of
spraying paint or other substance capable of de-
facing property.
Etching tool means any tool designed for the
purpose of scarring or inscribing glass, metal,
concrete or wood.
*Editor's note--Sections 1-4 of Ord. No. 3481, adopted
Aug. 22, 1984, repealed former §§ 5-3-315-5-3-318, which
made up art. 21, pertaining to gasoline price signs, derived
from Ord. No. 3158, § 1, adopted Sept.18,1979.Ord. No. 3894,
§ 1, adopted July 13,1993, added a new art. 21, §§ 5-3.315-
5-3-317.
Cross reference-Removal of graffiti, § 3-16-1 et seq.
ARTICLE 22. ESCORTS, ESCORT
BUREAUS AND INTRODUCTORY
SERVICES
Sec. 5-3.321. Separate license for locations.
A separate license is required for each location
within the unincorporated area of the County of
Orange at which an escort bureau or introductory
service is to be established or at which arrange-
ments for an escort or introductory service are
made or where pecuniary compensation for an
escort or introductory service is paid.
(Ord. No. 3363, § 7, 1-11-83)
Sec. 5-3-322. Employment and activities of
escorts.
(a) No holder of an escort bureau or introduc-
toryservice license shall employ as an escort any
person under eighteen (18) years of age.
•
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Supp. No. loo 1580
§ 5-3-322 SPECIFIC ADDITIONAL LICENSE OR PERMIT REQUIREMENTS AND BUSINESS REGULATIONS § 5-3-329
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(b) No holder of an escort bureau or introduc-
tory service license shall furnish any escort or
introductory service to, or accept employment
from any patron, customer or person to be es-
corted, who is under eighteen (18) years of age,
except at the special instance and request of a
parent, guardian or other person in lawful cus-
tody ofthe person upon whose behalf the escort or
introductory service is engaged.
(c) No holder of an escort license shall escort,
offer to escort or perform any activity described in
this article to any person under eighteen (18)
years of age, except at the special instance and
request of the parent, guardian or other person in
lawful custody of the person on whose behalf the
escort or introductory service is engaged.
(Ord. No. 3363, § 7,1-11-83; Ord. No. 05-020, § 38,
11-22-05)
Sec. 5-3.323. Contagious disease.
Each applicant for an escort license, or renewal
thereof, shall furnish a certificate from a medical
doctor licensed to practice in the State of Califor-
nia, stating that the applicant has within thirty
(30) days immediately preceding the date of the
application been examined and found to be free of
any contagious or communicable disease.
(Ord. No. 3363, § 7,1-11-83; Ord. No. 05-020, § 39,
11-22-05)
Sec. 5-3-324. Names of escorts.
Every escort bureau shall furnish the Sheriff
with the names of and information concerning all
escorts employed or utilized by the bureau when
application is made for a license. The licensee
shall thereafter submit notice of any subsequent
employment or utilization of other escorts or
termination of any escorts.
(Ord. No. 3363, § 7, 1-11-83)
Sec. 5-3-325. Regulations; registration of cus-
tomers; records and premises
open to inspection.
Every person who maintains, conducts or oper-
ates as an escort, escort bureau or introductory
service shall at all times keep a registration book
in connection therewith in which each and every
customer's first, middle and last name, telephone
number and complete address shall be written
together with the date of initial contact and all
appointments and contacts made thereafter.
(Ord. No. 3363, § 7,1-11-83)
Supp. No. 100
1581
Sec. 5-3-326. Regulation, no exposure.
It is unlawful for any person while acting as an
escort to engage in any "specified sexual activity"
or expose any "specified anatomical sexual areas."
It shall also be unlawful for any person while
acting as an escort to act in a manner intended to
arouse, appeal to or to gratify the lust or passions
or sexual desires of the customer or client of the
escort.
(Ord. No. 3363, § 7,1-11-83)
Sec. 5-3-327. Regulation; possession of li-
cense.
Every escort, while engaged as such, is re-
quired to carry his or her license on his or her
person or within his or her immediate possession
and shall produce it for inspection by any law
enforcement agency upon request. Every escort
bureau and introductory service is required to
maintain its license on the premises and shall
produce it for inspection by any law enforcement
agency upon request.
(Ord. No. 3363, § 7,1-11-83; Ord. No. 05-020, § 40,
11-22-05)
Sec. 5-3-328. Prohibited conduct.
Any person violating any provision of this
article or failing to obtain the license required by
section 5-1-29(x) of title 5 of the Codified Ordi-
nances of the County of Orange shall be guilty of
a misdemeanor and be punishable by a fine of not
more than five hundred dollars ($500.00) or by
imprisonment for not more than six (6) months or
by both such fine and imprisonment. Revocation
or suspension of a license issued under this title
shall not be a defense against prosecution.
(Ord. No. 3363, § 7,1-11-83; Ord. No. 05-020, § 41,
11-22-05)
Sec. 5-3.329. Conducting as a nuisance.
Any escort bureau or introductory service op-
erated, conducted or maintained contrary to the
provisions of this article shall be and the same is
hereby declared to be unlawful and a public
nuisance and the Offices of the County Counselor
the District Attorney may commence an action or
actions, proceeding or proceedings, for the abate-
ment, removal or enjoinment thereof, in the man-
ner provided by law, and shall take such other
steps and shall apply to such court or courts as
may have jurisdiction to grant such relief as will
abate or remove such establishment and restrain
§ 5-3-329
ORANGE COUNTY CODE
and enjoin any person from operating, conducting
or maintaining an escort bureau or introductory
service contrary to the provisions of this article.
(Ord. No. 3363, § 7,1-11-83; Ord. No. 05-020, § 42,
11-22-05)
Sec. 5-3-330. Applicability of regulations to
existing business.
The provisions of this article shall be applica-
ble to all persons and businesses described herein
whether the herein described activities were es-
tablished before or after the effective date of the
ordinance enacting this article into law. All such
persons and businesses shall have sixty (60) days
from said effective date to comply with the provi-
sions of this article.
(Ord. No. 3363, § 7,1-11-83)
Secs. 5.3.331-5-3-334. Reserved.
ARTICLE 23. PERMIT REQUIREMENTS
FOR COMN.~RCIAL MOTION PICTURE
PRODUCTIONS, TELEVISION
PRODUCTIONS AND STILL
PHOTOGRAPHY
Sec. 5.3.335. Purpose.
It is the policy of the County of Orange to
encourage commercial motion picture production,
television production and still photography within
its boundaries. This article provides the basis for
the regulations governing the issuance of permits
for filming, video taping, still photography and
related activities on property owned, operated or
administered by the County of Orange or the
special districts under the jurisdiction of the
Orange County Board of Supervisors. This article
is intended to ensure that filming, videotaping
and still photography is done in a manner consis-
tent with protecting the public health and safety
and public property.
(Ord. No. 3717, § 1, 6-14-88; Ord. No. 05-020, § 43,
11-22-05)
Sec. 5-3-336. Definitions.
(a) Charitable films include commercials, mo-
tion pictures, television programs, video tapes or
still photography produced by a nonprofit organi-
zation, which qualifies under section 501(c)(3) of
the Internal Revenue Code or section 23701 of the
California Revenue and Taxation Code as a char-
itable organization. If such a nonprofit organiza-
§ 5-3-337
tion is involved in charitable filmmaking, video-
taping or still photography, no person, directly or
indirectly, may receive a profit from the market-
ing, production or showing of the films, video-
tapes or photographs.
(b) Film permit rider means a minor addition,
change or .deletion to the film permit, as deter-
mined by the issuing agency.
(c) Issuing agency shall be the Director, or his
or her designated representative, of the Re-
sources and Development Management Depart-
ment, or any other representative specifically
designated by the Board of Supervisors.
(d) Motion picture production, television pro-
ductionand still photography includes all activity
attendant to staffing or shooting commercial mo-
tion pictures, television programs, television com-
mercials and still photography.
(e) News media includes regularly scheduled
news programs, not including magazine or docu-
mentary programs, and special news programs
which are not preplanned and which. are broad-
castwithin twenty-four (24) hours after the event.
(Ord. No. 3717, § 1, 6-14-88; Ord. No. 05-020, § 44,
11-22-05)
Sec. 5-3-337. Film permit required.
Except as provided in section 5-3-338, a person
shall not use any County property within the
unincorporated areas of the County of Orange or
property or facilities belonging to the County of
Orange or the special districts under the jurisdic-
tion of the Orange County Board of Supervisors
for the purpose of motion picture production,
television production or still photography without
first applying for and receiving a film permit from
the issuing agency.
(a) Permits for still photography may be is-
sued annually, daily or for multiple days
depending on the permit duration request
of the applicant. Annual permits for still
photography expire one (1) year from the
date of issuance or upon the expiration
date of the permittee's insurance covering
the still photography event which is the
subject of the permit, whichever date is
earlier. Annual permits for still photogra-
phy may be renewed in accordance with
the general permit renewal requirements
set forth in division 2 of this title, pro-
vided the requesting permittee can show
•
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Supp. No. loo 1582
§ 5-3-337 SPECIFIC ADDITIONAL LICENSE OR PERMIT REQUIREMENTS AND BUSINESS REGULATIONS § 5-3-340
appropriate insurance coverage to be de-
termined in the sole discretion of the
County and in accordance with Section
5-3-340 for the duration of the permit
period.
(b) Permits for motion picture production or
television production may be issued ei-
ther daily or for multiple days depending
on the permit duration request of the
applicant. The applicant must show ap-
propriate insurance coverage to be deter-
mined inthe sole discretion of the County
and in accordance with Section 5-3-340
for the duration of the permit period.
(Ord. No. 3717, § 1, 6-14-88; Ord. No. 05-020, § 45,
11-22-05)
Sec. 5.3-338. Exemptions.
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(a) Charitable films produced by nonprofit or-
ganizations, as defined in section 5-3-336(a) of
this article, and news media, as defined in section
5-3-336(e) of this article, are exempt from any
permit fees established pursuant to this article.
(b) Any applicant who submits a class sched-
ule showing that the applicant is currently en-
rolled in a recognized United States educational
institution and a letter on school letterhead stat-
ing that the film, videotape or photograph is not
for commercial release is exempt from any permit
fees established pursuant to this article.
(c) This article does not apply to the filming or
videotaping of motion pictures or the taking of
still photographs solely for private use.
(d) This article does not apply to reporters,
photographers, cameramen or other persons en-
gaged in on-the spot broadcasting of news events
for the news media.
(Ord. No. 3717, § 1, 6-14-88; Ord. No. 05-020, § 46,
11-22-05)
Sec. 5-3.339. Policies, procedures and fees.
(a) The issuing agency is authorized and di-
rected to promulgate policies and procedures gov-
erning issuance of film permits and film permit
riders. The policies and procedures shall include
provisions for personnel and property usage charges
and fees as approved by the Board of Supervisors.
(b) To ensure cleanup and restoration of a site,
the issuing agency may require an applicant to
post a refundable negotiable surety amount to be
determined at the time the application is submit-
Supp. No.100
1583
ted. On completion of all production activities and
inspection of the site by the issuing agency, the
surety may be returned in full or in part based on
the need for the appropriate county department,
agency or district to complete site cleanup or
restoration, or both.
(Ord. No. 3717, § 1, 6-14-88; Ord. No. 05-020, § 47,
11-22-05)
Sec. 5-3-340. Liability.
(a) As a condition of issuance of a permit, the
applicant must obtain a comprehensive general
liability insurance policy acceptable to the County
of Orange issued by an insurance company autho-
rized to do business in the State of California,
with coverage that includes the permitted activi-
ties and the location in which the filming, video
taping or photography activities will occur and
any other area used by the applicant. The County
of Orange, any special district under the jurisdic-
tion of the Orange County Board of Supervisors
and their officers, agents and employees, shall be
named as additional insureds on the policy for
protection against claims of bodily injury, wrong-
ful death and property damage. The policy limits
of the insurance policy shall not be less than one
million dollars ($1,000,000.00) per occurrence com-
bined single limit for both bodily injury and
property damage.
(b) The policy shall also contain a provision
that no termination, cancellation or change of
coverage on the insured or additional insured is
effective until after thirty (30) days notice thereof
has been given in writing to the office of the
issuing agency.
(c) The applicant agrees to indemnify, defend
with counsel approved in writing by the County of
Orange, and hold harmless the County of Orange,
and special districts under the jurisdiction of the
Orange County Board of Supervisors and their
officers, agents and employees, and shall defend,
indemnify and save harmless the County of Or-
ange, any special districts under the jurisdiction
of the Orange County Board of Supervisors and
their officers, agents and employees, from any
and all claims, demands, suits, actions or proceed-
ings of any kind or nature, including workers'
compensation claims, of or by anyone in any way
resulting from any act or omission of the appli-
cant or such officers, agents or employees of the
applicant.
§ 5-3-340
ORANGE COUNTY CODE
(d) The applicant shall conform to all applica-
ble federal and state worker's compensation in-
surance requirements for all persons operating
under a film permit issued by the County of
Orange.
(e) The applicant shall provide other insur-
ance coverage as may be required by the issuing
agency.
(Ord. No. 3717, § 1, 6-14-88; Ord. No. 05-020, § 48,
11-22-05)
Sec. 5-3-341. Film industry liaison and issu-
ing agency; duties.
(a} The Orange County Personnel Department
Public Information Office is the designated Or-
ange County Film Industry Liaison and shall:
(1) Provide information and referral assis-
tance, resource material and applications
to individuals and organizations desiring
to conduct motion picture, television or
photography activities in the County of
Orange.
(2} Develop and administer programs to pro-
motethe development of the film industry
in the County of Orange.
(3) Cooperate and coordinate with public and
private sector representatives seeking to
promote the development of the film in-
dustry in the County of Orange.
(4) Perform such other duties as may be
prescribed by the board of supervisors.
(b) The issuing agency shall:
(1) Coordinate with County departments,
agencies and districts for the approval
and issuance of facility usage permits
required to film, video tape or photograph
on their respective County or district prop-
erty.
(2) Collect the appropriate charges and fees.
(3) Perform such other duties as may be
prescribed by the board of supervisors.
(c) The appropriate County departments, agen-
cies and districts shall monitor the activities of
permittees to assure compliance with permit re-
quirements. If in the judgment of the appropriate
department, agency or district there is or has
§ 5-3-357
been a violation of the permit, that department,
agency or district shall notify the issuing agency
of the violation.
(Ord. No. 3717, § 1, 6-14-88)
Sec. 5-3-342. Denial or revocation of permit.
(a) In addition to the reasons for denial of a
license or permit set forth in Section 5-2-5 of
Division 2 of this title, the issuing agency may
also deny granting a film permit or film permit
rider if the issuing agency determines that the
requested activities may unreasonably interfere
with the normal operation or use of the property.
(b) The issuing agency may also cancel, revoke
or suspend a permit if the permittee violates any
provision of this article or a permit issued pursu-
ant to this article.
(Ord. No. 3717, § 1, 6-14-88; Ord. No. 05-020, § 49,
11-22-05)
Secs. 5-3-343-5.3-350. Reserved.
ARTICLE 24. RESERVED*
Secs. 5.3.351-5-3-355. Reserved.
ARTICLE 25. TAXICABS
Sec. 5.3.356. Purpose and intent.
To provide a uniform and comprehensive pro-
cess for approval of taxicab operations within the
County.
(Ord. No. 04-004, § 1, 2-24-04)
Sec. 5.3-357. Definitions.
For the purpose of this article, the words and
phrases herein defined shall be construed in ac-
cordance with the following definitions.
"Airport" means John Wayne Airport, operated
by the County.
"Airport Director" means the Director of John
Wayne Airport.
"Board of Supervisors" means the Board of
Supervisors for the County of Orange.
*Editor's note-Ord. No. 98-16, § 1, adopted December 8,
1998, amended the Code by repealing Art. 24, §§ 5-3-351-5-
3-355, in its entirety. Former Art. 24 pertained to X-ray
machine plan checks, and derived from Ord. No. 3808, adopted
January 15,1991.
C~
•
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Supp. No. loo 1584
§ 5-3-357 SPECIFIC ADDITIONAL LICENSE OR PERMIT REQUIREMENTS AND BUSINESS REGULATIONS § 5-3-363
I
"County" means the County of Orange.
"County authorization" means County authori-
zation to operate a taxicab business in the unin-
corporated portion of Orange County, including
John Wayne Airport.
"OCTAP" means the Orange County Taxi Ad-
ministration Program administered by the Or-
ange County Transportation Authority.
"Person" includes natural person, firm, associ-
ation, organization, partnership, business, trust,
corporation, or public entity.
"Taxicab" means a vehicle operated within the
jurisdiction of the County, capable of carrying not
more than eight persons, excluding the driver,
and used to carry passengers for hire. The term
shall exclude a vehicle operating as a Charter
Party Carrier licensed as such by any state agency,
including the Public Utilities Commission, or any
other vehicle having a Certificate of Public Con-
venienceand Necessity issued by any state agency,
including the Public Utilities Commission.
(Ord. No. 04-004, § 1, 2-24-04)
Sec. 5-3.358. OCTAP regulations adopted.
A. The OCTAP regulations dated 1/22/03 are
hereby adopted and incorporated as though fully
set forth herein. A copy of the regulations dated
1/22/03 are attached [to the ordinance from which
this article is derived as Exhibit "A", and avail-
ablefor inspection in the office of the Clerk of the
Board].
B. It shall be unlawful for a person to operate
a taxicab or taxicab business within the County in
violation of the OCTAP regulations adopted herein,
and a violation of the OCTAP Regulations shall
constitute a violation of this article.
(Ord. No. 04-004, § 1, 2-24-04)
Sec. 5-3-359. Airport contract required.
In addition to the requirements of the OCTAP
regulations adopted herein, no person shall oper-
ate ataxicab or taxicab business at the Airport
unless the person is the holder of a contract
authorizing it as approved by the Board of Super-
visors.
(Ord. No. 04-004, § 1, 2-24-04)
Sec. 5.3-360. Additional insurance required.
cab businesses operating within the County un-
der contract to the County shall satisfy the terms
of the specific contracts with the County for such
services.
(Ord. No. 04-004, § 1, 2-24-04)
Sec. 5-3-361. Separate from business licens-
ing.
The requirements of this article are separate
and independent from the business licensing and
any other provisions under this Code.
(Ord. No. 04-004, § 1, 2-24-04)
Sec. 5-3-362. OCTAP Steering Committee
designation.
The County Executive Officer of his/her desig-
nee shall represent the County on the OCTAP
Steering Committee. The County Executive Of
facer or designee is authorized to approve amend-
ments to the OCTAP regulations.
{Ord. No. 04-004, § 1, 2-24-04; Ord. No. 05-020,
§ 50,11-22-05)
Sec. 5-3.363. Penalty.
Any person who willfully violates this article
shall be guilty of a misdemeanor, punishable by a
fine not exceeding one thousand dollars ($1,000.00),
or by imprisonment not to exceed six (6) months,
or by both such fine and imprisonment.
(Ord. No. 04-004, § 1, 2-24-04)
Notwithstanding the insurance requirements
of the OCTAP regulations, all taxicabs and taxi-
Supp. No. 100
1585
[The nett page is 1609]