HomeMy WebLinkAboutORD 1350 (2008)ORDINANCE NO. 1350
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF TUSTIN AMENDING CHAPTER 2 OF TITLE 4
OF THE TUSTIN MUNICIPAL CODE PERTAINING TO
ANIMALS AND FOWL
City Attorney's Summary
This Ordinance amends Chapter 2 of Title 4 of the Tustin Municipal
Code relating to Animals and Fowl to adopt by reference the relevant
provisions of Division 1 of Title 4 and Divisions 1, 2, and 3 of Title 5 of
the Codified Ordinances of the County of Orange, subject to certain
amendments, including the provisions concerning Barking Dogs.
WHEREAS, the City of Tustin contracts with the County of Orange for animal
control and shelter services; and
WHEREAS, the agreement requires the City to maintain in full force and effect
an ordinance identical in intent to the provisions of Article 1 through 10 of Division 1 of
Title 4, and Divisions 1, 2, and 3 of Title 5 of the Codified Ordinances of the County of
Orange, and other regulations presently adopted by the Orange County Board of
Supervisors concerning animal control.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF TUSTIN DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1. Part 1 of Chapter 2 of Title 4 of the Tustin Municipal Code is hereby
amended in its entirety to read as follows:
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;
(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;
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(d) Article 3 of Division 1 of Title V;
(e) Division 2 of Title V; and
(f) Article 6 of Division 3 of Title V;
(g) Sections 5-3-151, 5-3-154, 5-3-156, and 5-3-157 of Article 12 of Division 3 of
Title V;
(h) Article 14 of Division 3 of Title V;
(i) Article 17 of Division 3 of Title V;
and as may be amended from time to time by the Board of Supervisors of the
County of Orange, California, as well as such other regulations adopted by the Board of
Supervisors concerning animal control, including those which relate to fees, are adopted
by reference under the authority of section 50022.1 through 50022.9 of the Government
Code of the State of California and made a part hereof as though fully set forth herein
as part of the Tustin Municipal Code and the same are hereby established and adopted
as the rules, regulations, provisions and conditions to be observed and followed to
govern animal control, welfare and license requirements in the City of Tustin. Three (3)
full printed copies of the above specified provisions of the Codified Ordinances of the ~*
County of Orange are ordered to be kept on file at the office of the City Clerk of the City
of Tustin for public inspection and copies thereof shall be made available for purchase
by the public at a price not to exceed the actual cost to the City.
4202 Amendments -Generally.
The following references set forth in the Codified Ordinances of the County of
Orange, referred to in Section 9.04.010 of the Tustin Municipal Code, shall be
interpreted as follows: "County of Orange" or "Orange County" or "unincorporated area
of Orange County" or "unincorporated territory of Orange County" or "unincorporated
area of the County of Orange" shall be deemed to mean "City of Tustin."
(a) Section 4-1-8 of the Codified Ordinances of the County of Orange;
(b) Section 4-1-10 of the Codified Ordinances of the County of Orange;
(c) Section 4-1-70(a) of the Codified Ordinances of the County of Orange;
(d) Section 4-1-158 of the Codified Ordinances of the County of Orange;
(e) Section 4-1-164 of the Codified Ordinances of the County of Orange;
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(f) Section 4-1-167 of the Codified Ordinances of the County of Orange;
(g) Section 4-1-176 of the Codified Ordinances of the County of Orange;
(h) Section 4-1-180 of the Codified Ordinances of the County of Orange;
(i) Section 5-1-30 of the Codified Ordinances of the County of Orange;
(j) Section 5-1-41 of the Codified Ordinances of the County of Orange;
(k) Section 5-2-14 of the Codified Ordinances of the County of Orange;
(I) Section 5-3-83 of the Codified Ordinances of the County of Orange;
(m) Section 5-3-185 of the Codified Ordinances of the County of Orange.
4203 Same -Public Property.
Section 4-1-46 of Article 2 of Division 1 of Title IV of the Codified Ordinances of
Orange County shall be amended to read as follows:
"No person having the charge of any dog, except a blind, deaf or disabled person
with his guide dog, signal dog or service dog shall permit said dog to be under
any circumstances within public school property or on any public park within the
City of Tustin. This section however, does not prohibit the use of dogs on school
property for teaching or other uses when approved by the school officials.
The term "guide dog," "service dog," and "signal dog" in this section shall be
given the same meaning as set forth in Penal Code Section 365.5."
In the event the City Council, by resolution, authorizes dogs to be upon any
public park, the provision of this Section shall not be applicable thereto.
4204 Same -Dogs to be curbed.
Subsection 4-1-50(e) of Article 2 of Division 1 of Title IV of the Codified
Ordinances of Orange County shall be amended to read as follows:
"(e) Any City park."
4205 Same -Definitions.
Ordinance No. 1350
Page 3 of 20
Title IV, Division 1, Article 6, Section 4-1-94 paragraph 1 of the Codified
Ordinances of Orange County, which in part reads, "The keeping or maintenance of
such animals shall also conform to the zoning regulations of Orange County," shall be
amended to read as follows:
"The keeping or maintenance of such animals shall also conform to the zoning
regulations of the City of Tustin."
4206 Same -Definitions.
Section 5-1-1 of Article 1 of Division 1 of Title V of the Codified Ordinances of
Orange County shall be amended to read as follows:
"The following terms as used in this title shall, unless the context clearly
indicates otherwise, have the respective meanings herein set forth:
Animal exhibition means any property where one (1) or more animals are
exposed to public view for entertainment, instruction or advertisement,
including animal acts. Activities conducted primarily for the instruction or
entertainment of the participants for which no public admission is charged, are
excluded.
Animal rental establishment means a place or facility where animals, other than
dogs, cats or equines, are kept or maintained for hire.
Board means the Board of Supervisors of the County of Orange.
Business means any business, trade, occupation, practice or profession.
Commercial means operated or carried on primarily for financial gain.
Commercial manure dealer means any person, firm or corporation who, for a
fee, gathers, collects, hauls, stockpiles, and spreads or sells any manure or
manure-like substance.
Commercial stable means any property where equines are sheltered or fed on
a commercial basis.
County means the County of Orange.
Established place of business means the place where any person, firm or
corporation conducts any retail or other establishment having a permanent
address and being regularly open for business from day to day during ordinary ,,,,
business hours.
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Page 4 of 20
Garbage means all animal and vegetable refuse or residue from kitchens,
canneries, bakeries, restaurants, lunch stands, meat, fish, fruit or vegetable
markets and other food handling places, and all household waste or residue
that shall result from the preparation or care for or treatment of foodstuffs
resulted to be used as food, or shall have resulted from the preparation or
handling of food for human consumption or any decayed and unsound meat,
fish, fruit and vegetables.
Grooming parlor means any premises where animals are groomed, brushed,
clipped or bathed on a commercial basis.
Kennel means any property where four (4) or more dogs, or four (4) or more
cats, over the age of four (4) months, are kept or maintained for any purpose,
except veterinary clinics and hospitals, and except property for which an animal
permit has been issued pursuant to section 4-1-76.
Pecuniary compensation means any commission, fee, gratuity, hire, profit,
reward, or any other form of consideration.
Person means both the singular and the plural, and shall also mean and
include person, individual, firm, corporation, co-partnership, association, club,
society or any other organization.
Pet shop means any person or facility engaged in the sale or trade of live
animals, including fish, birds and reptiles, on a commercial basis.
Sheriff or Sheriff-Coroner means the Sheriff-Coroner of the County of Orange
or his or her designated representative.
Show means a carnival, tent show or show in the open air, or in a hall or
building not specifically constructed for theatrical purposes, wherein carnivals,
circuses, dog or pony shows, dramatic, musical or theatrical performances are
given to audiences not exceeding two thousand five hundred (2,500) persons."
4207 Same -Licenses or Permits required.
Section 5-1-29 of Article 2 of Division 1 of Title V of the Codified Ordinances of
Orange County shall be amended to read as follows:
"It shall be unlawful for any person, firm or corporation to engage in, conduct,
manage or carry on animal exhibitions, animal rental establishments,
commercial stables, grooming parlors, kennels, or pet shops within the City of
Tustin for animal care services without first having obtained a permit or license
from the County in accordance with Divisions 2 and 3 of this title."
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Page 5 of 20
4208 Same -Issuing officer.
Section 5-2-1 of Article 1 of Division 2 of Title V of the Codified Ordinances of
Orange County shall be amended to read as follows:
"All licenses or permits issued pursuant to this title shall be issued by the
issuing officer, who, in the case of license or permits for animal exhibitions,
animal rental establishments, kennels, grooming parlors, commercial stables,
and pet shops shall be the County Health Officer, and in all other cases shall
be the Sheriff, unless otherwise specified."
4209 Same -Fees.
Section 5-2-3 of Article 1 of Division 2 of Title V of the Codified Ordinances of
Orange County shall be amended to read as follows:
"The Board of Supervisors shall provide by resolution the amount of each fee to be
charged for each application, license or permit. Such fee shall be payable in accordance
with the resolution and shall not be refundable."
4210 Penalties.
(a) Any person who violates any provisions of this Chapter 2, Article 4 shall be
guilty of an infraction, except as otherwise provided in subsections (b), (c), and (d)
below;
(b) Any person who violates any provision of sections 4-1-48, 4-1-51, or 4-1-95 of
Division 1 of Title IV the Codified Ordinances of Orange County is guilty of a
misdemeanor. Moreover, any person who violates any other provisions of Division 1 of
Title IV the Codified Ordinances of Orange County and the violation occurs within one
(1) year of the occurrence of two (2) separate violations of this division by that person is
guilty of a misdemeanor.
(c) Failure to register as a commercial manure dealer as provided in Article 14 of
Division 3 of Title V of the Codified Ordinances of Orange County shall constitute a
misdemeanor punishable, upon conviction thereof, by a fine not exceeding five hundred
dollars ($500.00) or one hundred (100) days imprisonment in the County Jail, or by both
such fine and imprisonment.
(d) Barking dog civil fines. Fines for violating the provisions of Subarticle 1 of
Article 2 of Division 1 of Article IV of the Codified Ordinances of Orange County shall be
as follows:
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Page 6 of 20
(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
(iv) Fine for Fourth Barking Dog Citation within Same 12-Month Period (Per
Citation): $333.00
(v) Fine for Fifth Barking Dog Citation within Same 12-Month Period (Per
Citation): $366.00
(vi) Fine for Sixth and Subsequent Barking Dog Citations Issued within Same
12-Month Period (Per Citation): $403.00
In the event that a fine imposed under the authority granted by said Subarticle 1 of
Article 2 of Division 1 of Article IV remains unpaid for fifteen (15) days after it is due and
payable pursuant to Section 4-1-59.7 of the Codified Ordinances of Orange County, an
amount equal to the fine shall be added as a late penalty and the late penalty and fine
shall become due immediately. If a Hearing Officer upholds the issuance of a citation in
an administrative hearing, the late penalty will be assessed if the fine is not paid as
required at the conclusion of the hearing, or other time for payment determined by the
Hearing Officer. Failure to timely remit payment of a citation fine and/or late penalty
authorized pursuant to said Section 4-1-59.7 will result in criminal liability and a warrant
may be issued for a violator's arrest. Nonpayment of such fine and/or late penalty shall
be a misdemeanor punishable by a fine of not more than one thousand dollars ($1,000)
or by imprisonment in the County jail for a period of not more than six (6) months or by
both such fine and imprisonment.
4211 Continuation of Prior Ordinances.
The repeal of ordinances or parts of ordinances effectuated by the enactment
of this Chapter shall not be construed as abating any actions now pending under or by
virtue of such ordinances or as discontinuing, abating and modifying or altering any
penalty accrued or to accrue or as affecting the liability of any person, firm or
corporation or as waiving any right of the municipality under any section or provisions
existing at the time of the passage of this chapter.
4212 Fee Schedule for Animal Shelter and Animal Control Services.
Ordinance No. 1350
Page 7 of 20
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
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 by the City Council of the City of Tustin, at a regular
meeting on the 6th day of May, 2008.
JERRY AMANTE
Mayor
PAMELA STOKER
City Clerk
Ordinance No. 1350
Page 8 of 20
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
I, Pamela Stoker, City Clerk of the City of Tustin, California hereby certify that the
foregoing is a full, true and correct copy of the Ordinance introduced at a regular
meeting of the City Council of the City of Tustin duly held on April 15, 2008, of which
meeting all of the members of said City Council had due notice and at which a majority
thereof were present; and was finally passed and adopted not less than five days
thereafter on May 6, 2008, by the following vote:
COUNCILMEMBER AYES: Davert, Bone. Kawashima (3)
COUNCILMEMBER NOES: Amante, Palmer (2)
COUNCILMEMBER ABSTAINED: None (0)
COUNCILMEMBER ABSENT: None (0)
PAMELA STOKER,
City Clerk
Ordinance No. 1350
Page 9 of 20
1 ORDINANCE N0.06-011
2 AN ORDINANCE AMENDING AND ADOPTING
DESIGNATED SECTIONS OF DIVISION 1 OF TITLE 4
3 OF THE CODIFIED ORDINANCES OF THE COUNTY OF ORANGE
PERTAINING TO ANIMAL CONTROL, WELFARE AND LICENSE REQUIREMENTS
4
5 The Board of Supervisors of the County of Orange, California, ordains as follows:
6 SECTION 1: Section 4-1-3 of the Codified Ordinances of the County of Orange is hereby
7 amended to read as follows:
8 Sec. 4-1-3. Definitions (B).
9
Barking dog means a dog that barks, bays, cries, howls or makes any noise for an extended period of
10 time to the disturbance of any person at any time of day or night, regardless of whether the dog is
physically situated in or upon private property. Such extended period of time shall consist of incessant
11 barking for 30 minutes or more in any 24-hour period, or intermittent barking for 60 minutes or more
12 during any 24-hour period. A dog shall not be deemed a "barking dog" for purposes of this Article if, at
any time the dog is barking, a person is trespassing or threatening to trespass upon private property in or
13 upon which the dog is situated, or when the dog is being teased or provoked.
14 SECTION 2: Subarticle 1 of Article 2 of Division 1 of Title 4 of the Codified Ordinances of th
15 County of Orange is hereby adopted, and shall read as follows:
16 Subarticle 2. Barking Dog Violation and Civil Fine.
17
Sec.4-1-59.1. Applicability.
18
(a) Notwithstanding section 4-1-48 of this Code, this subarticle makes any violation for keeping,
19 maintaining, or permitting a barking dog as defined in section 4-1-3 subject to civil fine.
20 (b) This Subarticle establishes the administrative procedures for the imposition, enforcement,
21 collection, and administrative review of civil fines for barking dog violations pursuant to Government
Code section 53069.4 and the County's plenary police power.
22
(c) The issuance of a civil citation under this subarticle is solely at the County's discretion and is one
23 option the County has to address barking dog violations. By adopting this subarticle, the County does
not intend to limit its discretion to utilize any other remedy, civil or criminal, including those public
24 nuisance remedies set forth in section 4-1-48.
25 (d) The purpose of issuing civil citations pursuant to this subarticle is to encourage voluntary and
26 complete compliance with the provisions of this Code and to eliminate nuisances for the protection an
benefit of the entire community.
27
finance N~~3S ON 3: Section 4-1-59.2 of the Codified Ordinances of the County of Orange is hereby
2~ ~di~~b,pand s~all read as follows:
-1-
Sec. 4-1-59.2. Definitions.
The following definitions apply to the use of these terms for the purposes of this subarticle:
(a) Animal Care Services means the department within Orange County Health Care Agency
authorized to perform the functions described in sections 4-1-1 through 4-1-180 of this Division and any
other ordinance or law that delegates such authority to the Animal Care Services department or its
director.
(b) County means the County of Orange.
(c) Civil citation means a notice issued pursuant to this subarticle that there has been a violation of this
subarticle.
(d) Day or days as used in this Article shall mean calendar day or calendar days, respectively, unless
otherwise expressly provided. The time in which any act provided by law is to be done is computed by
excluding the first day and including the last, unless the last day is a holiday, and then it is also
excluded.
(e) Director means the Health Care Agency Animal Care Services Director, or his or her designee.
(f) Enforcement Officer means any Animal Care Services employee or agent designated in writing by
the Director.
(g) Hearing Officer means a person appointed by the County Executive Officer or designee to serve
as a Hearing Officer for administrative hearings.
(h) Issued means giving a civil citation to a violator. Issuance occurs on the date when a barking dog
civil citation is personally served on the violator, or the date it is mailed to the property where the
barking dog is located or where the barking dog violation occurred, or the date the citation is posted in a
conspicuous place either on the property where the barking dog is located or where the barking dog
violation occurred. When service is made by posting, the barking dog citation shall also be mailed
within 24 hours of posting to any address known for the violator.
(i) Notice of decision means a form used by a Hearing Officer to inform a violator and/or complainant
of an administrative hearing decision regarding provisions of this subarticle.
(j) Owner means any person who possesses, has title to or an interest in, harbors or has control,
custody or possession of a dog, and the verb forms of "to own" shall include all those shades of
meaning.
(k) Responsible Person. A Responsible Person may also be referred to as a "violator" herein. A
Responsible Person is any of the following:
(1) A person who allows a barking dog violation to exist, whether through willful action, failure
to act, or failure to exercise proper control over a barking dog.
Ordinance No. 1350
Page 11 of 20
-2-
(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 barkin,
dog.
(3) A person who is the owner of, and a person who is a lessee or sublessee with the current
right of possession of, real property in or upon which a barking dog violation occurs.
(4) For purposes of this subarticle, "person" includes a natural person or legal entity, and the
owners, majority stockholders, corporate officers, trustees, and general partners of a legal entity.
(5) For the purposes of this subarticle, there may be more than one Responsible Person for a
barking dog violation, and a minor at least 14 years of age may be a Responsible Person subject to the
provisions of this subarticle.
SECTION 4: Section 4-1-59.3 of the Codified Ordinances of the County of Orange is hereby
adopted, and shall read as follows:
Sec. 4-1-59.3. Barking dog citation -- general.
(a) Any Enforcement Officer has the authority to issue a civil citation to any Responsible Person for a
barking dog violation that the Enforcement Officer did not see or hear occur based on a complaint,
signed under penalty of perjury, lodged by a member of the community who has been disturbed by the
barking dog. A Responsible Person to whom a civil citation is issued shall be liable for and shall pay td~
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
eighteen) shall have the right to appeal the issuance of the citation pursuant to the provisions of this
subarticle.
(b) Prior to issuing a civil citation for a barking dog, the Responsible Person shall be given a 10-day
period within which to correct the problem.
(c) Each day a barking dog violation exists beyond the initial 10-day period allowed for correction
shall be a separate violation and be subject to a separate citation and fine. A barking dog civil citation
may include a violation for one (1) or more days on which a violation exists, and for violation of one (1)
or more Code sections.
SECTION 5: Section 4-1-59.4 of the Codified Ordinances of the County of Orange is hereby
adopted, and shall read as follows:
Sec. 4-1-59.4. Barking dog citation contents.
~i~l~~ci~~og citation shall contain the following information:
Page 12 of 20
3-
1 (a) Date on which a complaint or personal inspection established the barking dog violation(s).
2 (b) Name of the Responsible Person for the barking dog violation(s) (if known).
3 (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.
7 (f) Amount of the fine for the violation(s) and procedure to pay the fine to avoid a late payment
penalty.
(g) Designation of prior civil citations issued for the same Code violation(s), if known by the
9 Enforcement Officer.
10 (h) Notification of an assigned administrative hearing date, time and location where the civil
11 fine may be contested.
12 (i) Description of the procedure for requesting a continuance of the assigned administrative
hearing.
(j) A notice that a barking dog violation is a nuisance and that collection of unpaid fines and/or
14 penalties can result in additional fines, penalties and/or imprisonment in the County jail.
(k) Signature of the Enforcement Officer who issued the barking dog citation and/or civil fine.
(1) Date upon which the barking dog citation and/or civil fine was issued.
(m) Proof of service to be completed by the Enforcement Officer indicating whether citation
18 was issued by personal service, by mail, or by posting in a conspicuous place on the property
19 where the barking dog violation occurred.
20 (n) Aself-addressed envelope in which the violator can mail the civil fine to the County if the
citation is not contested.
22 (o) Any other information deemed necessary by the Enforcement Officer for enforcement or
collection purposes.
SECTION 6: Section 4-1-59.5 of the Codified Ordinances of the County of Orange is hereby
25 adopted, and shall read as follows:
26 Sec. 4-1-59.5. Service of barking dog citation.
A barking dog citation may be served as follows:
28 Ordinance No. 1350
Page 13 of 20
-4-
(a) An Enforcement Officer may personally serve the barking dog citation on the Responsible Person.
The Responsible Person shall be requested to sign a copy of the citation showing his or her receipt of th
citation and notice of the Responsible Person's right to an administrative hearing. Signing the citation
shall not constitute an admission of guilt.
(b) An Enforcement Officer may mail the civil citation by certified mail, return receipt requested, if
the property owner and/or occupier's name is known but the violator is not present when personal
service is attempted. The citation shall be mailed to the address where the barking dog violation
occurred.
(c) An Enforcement Officer may post a copy of the barking dog citation in a conspicuous place on the
property where the barking dog violation occurred if the property owner and/or occupier's name is
unknown. In this event, the citation shall also be mailed addressed to the owner of the property where
the barking dog violation occurred as reflected on the County's property tax rolls. A copy of the citation
shall also be mailed within 24 hours of posting the citation addressed to "Resident" at the address where
the barking dog violation occurred.
SECTION 7: Section 4-1-59.6 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:
Fine for First Barking Dog Violation Citation Issued (Per Citation): $250.00
Fine for Second Barking Dog Citation within Same 12-Month Period (Per Citation): $275.00
Fine for Third Barking Dog Citation within Same 12-Month Period (Per Citation): $303.00
Fine for Fourth Barking Dog Citation within Same 12-Month Period (Per Citation): $333.00
Fine for Fifth Barking Dog Citation within Same 12-Month Period (Per Citation): $366.00
Fine for Sixth and Subsequent Barking Dog Citations Issued within Same 12-Month $403.00
Period: (Per Citation)
Any Fine Not Paid within Fifteen (15) Days of Due Date Shall Be Calculated As Follows:
The Amount of the Appropriate Fine Listed Above Added to a Late Penalty in the Same Amount as the
Fine Such that the Total Amount Due is Double the Unpaid Fine Amount.
SECTION 8: Section 4-1-59.7 of the Codified Ordinances of the County of Orange is hereby
adopted, and shall read as follows:
Sec. 4-1-59.7. Payment of barking dog civil fines.
dart cft~c~o e135o ng a barking dog violation citation, a violator may respond by either of the following
~e~~. o`#'LO
-5
(1) The violator may choose to correct the barking dog violation and pay the barking dog
citation fine without contesting the fine in an administrative hearing. In that event, payment of
the citation fine must be received by the Director prior to the date assigned for administrative
hearing as noted in the citation. Payment shall be made by enclosing the fine amount by check
or money order in the self-addressed envelope attached to the civil citation and mailing the
envelope to the Director by U.S. first class mail, postage prepaid. The Director may authorize
payment to be made in accordance with any other method, at any location within the County, or
to any address.
(2) A violator may choose to appear at an administrative hearing on the assigned administrative
hearing date contained in the citation. In that event, the fine is due and payable to the Hearing
Officer at the conclusion of the hearing if the Hearing Officer upholds the barking dog citation.
The Hearing Officer may allow the violator an additional period of time within which to pay the
fine if, in the Hearing Officer's sole discretion, such additional time for payment is necessary.
(b) To avoid a late penalty, fines for barking dog violations must be received by the Director within
fifteen (15) days of the date they are due as specified in subparagraph (a)(1) or (a)(2) above.
(c) Payment of a fine shall not excuse the violator from correcting the barking dog violation. The
issuance of a barking dog citation and/or payment of a fine shall not bar the County from taking any
other enforcement action regarding a barking dog violation that is not corrected, including issuing
additional barking dog citations and/or criminal complaints..
(d) In the event that a fine imposed under the authority granted by this subarticle remains unpaid for
fifteen (15) days after it is due and payable pursuant to subparagraph (a)(1) or (a)(2) above, an amount
equal to the fine shall be added as a late penalty and the late penalty and fine shall become due
immediately. If a Hearing Officer upholds the issuance of a citation in an administrative hearing, the
late penalty will be assessed if the fine is not paid as required at the conclusion of the hearing, or other
time for payment determined by the Hearing Officer.
SECTION 9: Section 4-1-59.8 of the Codified Ordinances of the County of Orange is hereby
adopted, and shall read as follows:
Sec. 4-1-59.8. Administrative hearing.
(a) Any person who receives a barking dog citation may contest it by appearing at the assigne~
administrative hearing date, time and location noted on the barking dog citation. A violator may Conte:
the barking dog citation by denying that a violation occurred, by denying that it was not corrected withi
the original lOday correction period, if applicable, or by denying that the violator is a Responsibl
Person for the violation.
(b) If the citation fine is not paid prior to the assigned date and time of the administrative hea
noted on the barking dog citation, the violator must personally attend the administrative hearing on
date, time and place specified. A failure to personally appear at the administrative hearing s
constitute an abandonment of any defense the violator may have to the barking dog citation.
Ordinance No. 1350
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SECTION 10: Section 4-1-59.9 of the Codified Ordinances of the County of Orange is hereby
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 or his/her designee.
(b) The Director or his/her designee will provide all pertinent documents and records in the possession
of Animal Care Services related to the barking dog citation are delivered to the Hearing Officer.
(c) The violator and complainant shall be given the opportunity to testify and to present evidence
relevant to the barking dog citation. A parent or legal guardian of a violator who is a juvenile, under
eighteen (18) years of age, must accompany the juvenile to the hearing or the administrative hearing wi
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.
(fj 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 tc
the violator and complainant. The failure of the complainant to appear at the hearing, unless the hearing
was continued per subsection (f) above, shall constitute an abandonment of the complaint and shall be
Ordinance No. 1350
Page 16 of 20
7-
grounds for a dismissal of the barking dog citation. The complainant's failure to appear shall be noted
on the notice of decision completed by the Hearing Officer and mailed to the violator and complainant.
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 heazing, 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 Heazing 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 is hereby
adopted, and shall read as follows:
Sec. 4-1-59.11. Right to judicial review.
(a) A Responsible Person may seek judicial review of the administrative hearing decision by filing an
appeal with the Superior Court within twenty (20) calendar days after the Responsible Person receives a
copy of the notice of decision at the conclusion of the hearing in accordance with the provisions of
California Government Code Section 53069.4. The appeal filed with the court must also contain a proof
of service showing that a copy of the appeal was served upon "Clerk of the Board of Supervisors,
County of Orange, Robert E. Thomas Hall of Administration Building, 10 Civic Center Plaza, Room
465, Santa Ana, California 92702." The Responsible Person must pay the appropriate Superior Court
filing fee when the appeal is filed.
(b) No judicial appeal is permitted where a violator has failed to appear at an assigned administrative
hearing, or is deemed to have abandoned the contest of the barking dog citation by an unexcused
nonappearance at the hearing, or where a citation has been dismissed by a Hearing Officer because a
complainant has failed to appear at an assigned administrative hearing.
SECTION 13: Section 4-1-59. l 2 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.
Ordinance No. 1350
Page 17 of 20
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(a) The County at its discretion may pursue any and all legal and equitable remedies for the collectio
of unpaid fines and late penalties. Pursuit of one remedy does not preclude the pursuit of any other
remedies until the total fines and late penalties owed by a violator under this subarticle have been
collected.
(b) Failure to timely remit payment of a citation fine and/or late penalty authorized under section 4-1-
59.7(d) above will result in criminal liability and a warrant may be issued for a violator's arrest
Nonpayment of such fine and/or late penalty shall be a misdemeanor pursuant to section 1-1-34
punishable by a fine of not more than one thousand dollars ($1,000) or by imprisonment in the Count;
jail for a period of not more than six (6) months or by both such fine and imprisonment.
Ordinance No. 1350
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This ordinance shall take effect and be in full force thirty (30) days from and after its
passage and before the expiration of fifteen (15) days after the passage thereof, shall be published
once in an adjudicated newspaper in the County of Orange.
THE FOREGOING was PASSED and ADOPTED by the following vote of the Orange
County Board of Supervisors on November 21, 2006, to wit:
AYES: Supervisors: THOMAS W. WILSON, LOU CORREA, JIM SILVA
CHRIS NORBY, BILL CAMPBELL
NOES:
EXCUSED:
ABSTAINED:
CHAIRMAN
STATE OF CALIFORNIA )
ss:
COUNTY OF ORANGE )
I, DARLENE J. BLOOM, Clerk of the Board of Orange County, California, hereby
certify that a copy of this document has been delivered to the Chairman of the Board and that the
above and foregoing Ordinance was duly and regularly adopted by the Orange County Board of
Supervisors.
IN WITNESS WHEREOF, I have hereto set my hand and seal.
DARLENE J. BLOOM
Clerk of the Board.
County of Orange, State of California
Ordinance No.: 06-O1 l
Agenda Date: l 1/2l/2006
Item No.: 41
1 certify that the foregoing is a true and correct copy of the
Ordinance adopte y the Board of S rson ,Orange County,
State of California
DARLENE BLOOM, Clerk of the Board of Supervisors
By:
Ordinance No. 1350
Page 19 of 20
~i~~/o~
~~
HCA Animal Care Services Barking Dog Citation Program
Proposed Fines, Cost and Revenue Summary (Alternative Proposal)
e d
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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
*Fines for second and subsequent offenses are for when they occur within the same 12-month perioda.w
Estirna#ed Funding from Ci#es / County Split; - $205,54 ~ ~ ~4°i6~~ of t ota~ tiost
Percent of
Total Cost
Cost and Revenue Summary
Estimated Annual Cost of Program: $241,054
Estimated Revenue from Proposed Fines: $38,000 16%
Estimated Revenue from Cities' Share:*'` $187,748 78%
Estimated Revenue from Fines & Cities Combined: $225,748 94%
Estimated Funding from NCC Share: $15,306 6%
Total Estimated Funding from All Sources: $241,054 100%
Variance: $0
'*Cities' share is approx. 92.5% of the $203,054, which represents the total cost
not offset by fines, based on an analysis of 4 years of ACS Program actual costs.
0
Ordinance No. 1350
Page 20 of 20