HomeMy WebLinkAboutORD 1340 (2007)ORDINANCE N0.1340
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.
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
AN I MALS AN D FOW L
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 (excluding Subarticle 2), 3, 4, 5, 6, 7, 8, 9, 10 of Division 1 of
Title IV;
(b) Article 1 of Division 1 of Title V;
Ordinance No. 1340
Page 1 of 77
(c) Subsections (a), (b), (g), (h), (i), (m), and (t} of Section 5-1-29 and Section
5-1-30 of Article 2 of Division 1 of Title V;
(d) Article 3 of Division 1 of Title V;
(e) Division 2 of Title V; and
(f) Article 6 of Division 3 of Title V;
(g) Sections 5-3-151, 5-3-154, 5-3-156, and 5-3-157 of Article 12 of Division 3
of Title V;
(h) Article 14 of Division 3 of Title V;
(i) Article 17 of Division 3 of Title V;
and as may be amended from time to time by the Board of Supervisors of the
County of Orange, California, as well as such other regulations adopted by the Board of
Supervisors concerning animal control, including those which relate to fees, are adopted
by reference under the authority of section 50022.1 through 50022.9 of the Government
Code of the State of California and made a part hereof as though fully set forth herein
as part of the Tustin Municipal Code and the same are hereby established and adopted
as the rules, regulations, provisions and conditions to be observed and followed to
govern animal control, welfare and license requirements in the City of Tustin. Three (3)
full printed copies of the above specified provisions of the Codified Ordinances of the
County of Orange are ordered to be kept on file at the office of the City Clerk of the City
of Tustin for public inspection and copies thereof shall be made available for purchase
by the public at a price not to exceed the actual cost to the City.
4202 Amendments -Generally
The following references set forth in the Codified Ordinances of the County of
Orange, referred to in Section 9.04.010 of the Tustin Municipal Code, shall be
interpreted as follows: "County of Orange" or "Orange County" or "unincorporated area
of Orange County" or "unincorporated territory of Orange County" or "unincorporated
area of the County of Orange" shall be deemed to mean "City of Tustin."
(a} Section 4-1-8 of the Codified Ordinances of the County of Orange;
(b) Section 4-1-10 of the Codified Ordinances of the County of Orange;
(c) Section 4-1-70(a} of the Codified Ordinances of the County of Orange;
(d) Section 4-1-158 of the Codified Ordinances of the County of Orange;
Ordinance No. 1340
Page 2 of 77
(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 forteaching 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."
Ordinance No. 1340
Page 3 of 77
4205 Same -Definitions
Title IV, Division 1, Article 6, Section 4-1-94 paragraph 1 of the Codified
Ordinances of Orange County, which in part reads, "The keeping or maintenance of
such animals shall also conform to the zoning regulations of Orange County," shall be
amended to read as follows:
"The keeping or maintenance of such animals shall also conform to the zoning
regulations of the City of Tustin."
4206 Same -Definitions
Section 5-1-1 of Article 1 of Division 1 of Title V of the Codified Ordinances of
Orange County shall be amended to read as follows:
"The following terms as used in this title shall, unless the context clearly indicates
otherwise, have the respective meanings herein set forth:
Animal exhibition means any property where one ~1} or more animals are
exposed to public view for entertainment, instruction or advertisement, including
animal acts. Activities conducted primarily for the instruction or entertainment of
the participants forwhich 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 primarilyforfinancial 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.
Ordinance No. 1340
Page 4 of 77
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 propertywhere 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 otherform 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 otherorganization.
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 orSheriff-Coroner means the Sheriff-Coroner of the County of Orange or
his or herdesignated 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."
Ordinance No. 1340
Page 5 of 77
4208 Same - Issuin 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) orone hundred (100} days imprisonment in the County
Jail, 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
Ordinance No. 1340
Page 6 of 77
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 forAnimal 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
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, at a regular meeting of the City Council for the City of
Tustin on this 17th day of July, 2007.
LOU BONE
Mayor
PAMELA STOKER
City Clerk
Ordinance No. 1340
Page 7 of 77
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
I, PAMELA STOKER, City Clerk and ex-officio Clerk of the City Council of the City of
Tustin, California, hereby certify that the whole number of the members of the City
Council of the City of Tustin is five; that the above and foregoing Interim Ordinance was
passed and adopted at a regular meeting of the City Council held on the 17th day of
July, 2007, by the following vote::
COUNCILMEMBERAYES: Bone, Amante, Davert, Kawashima (5)
COUNCILMEMBER NOES: None (0)
COUNCILMEMBER ABSTAINED: None (0)
COUNCILMEMBER ABSENT: None (0)
PAMELA STOKER
City Clerk
Ordinance No. 1340
Page 8 of 77
TITLE 4
HEALTH SANITATION AND ANIMAL REGULATIONS
Division 1. Animal Control, Welfare end License Requirements, Arts.1--11
Division 2. Diseare Control, Art. l
Division 3. Sewage and Solid Waste Disposal, Arts.1--4
Division 4. Food and Sanitation, Arts.1--4
Division 3. Water Conservation, Arts. 1, 2
Division fi. Noise Control, Art. l
Division 7. Regulations Pertaining to Public Smoking, Arts.1---8
Division S. Farm Labor Camps, Art.1
Division 9. Ambulance Service, Art. 1
Division lo. 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--8
Ordinance No. 1340
Page 9 of 77
Division 1
ANIMAL CUNTRDL, WELFARE AND LICENSE REQUIRENQ~
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--9-1-69
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-lob--4-1-126
Article 8. Animals Rwlning at Large, ~~ 4.1-127-4-1.141
Article 9. Keeping of Livestock, ~~ 4-1-142--r4-1-1b3
Article 10. Animal Health, ~~ 4.1.154--4-1-190
Article 11. Reserved, ~~ 4-1-191-~1.1-222
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, un]ess 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).
Sec. 4.1-b. Definitions (D). •
Dangerous animals means any animal of e
species which presents a threat to the safety of
persons or property, as determined by the Direc~
tor.
Director means the Health Officer 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)
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 anima] 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. 283, § 2, 5-6-75)
Sec. 4.1-3. Reserved.
Sec. 4-1-4. Definitions (C}.
Cat includes domesticated members of the spe-
cies Fells catus; it excludes other members of the
family Felidae.
Commercial means operated or carried on pri-
marily for financial gain.
(Ord. No. 283fi, § 2, 5-fi-75}
Secs. 4-I-6, 4-1-?. Reserved.
Sec. 4-1-8. Definitions (G}.
Garbage means any waste consisting in wholE
or in part of animal wastes resulting from thF
handling, preparing, cooking and consuming of
food, including the offal from animal carcasses ox
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•
fled 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•l0. Definitions (I).
Immediate slaughter shall refer to livest
shipped to a public stockyard and released the
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
d i 'nand enforcement of div. l and the disposition of dead animals. Said i'ormer sections were derived from Code ]961
Ordinance 1340
Page 10 of 77 . Section 2 of said ordinance enacted a new art. l as herein set out.
Supp. No. 81 1175
~ 4-1.10 ORANGE COUNTY CODE ~ 4-1.23
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.
Sec. 4.1.19. Reserved.
Sec. 4.1.24. Definitions (S).
Stockyard means any stockyard, corral or prem-
iseswherein 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, 5-6-?5)
Infectious 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. 2836, § 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•]b. Definitions (N).
Neutered means rendered incapable of repro-
duction by physical (surgical alteration or the
implantation of a device) or other means. Zb be
acceptable, the neutering must be certified to by a
licensed veterinarian.
(Ord. No. 2836, § 2, 5•fi-?5; Ord. No. 2908, § 1,
5-4-?s)
Sec. 4-1-16. Reserved.
Sec. 4-1.17. Definitions (P).
Person means any individual, firm, partner-
ship, corporation, company, society, or associa•
tion, and every officer, agent or employee thereof.
(Ord. No. 283fi, § 2, 5.6.75)
Sec. 9.1.18. 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. 283fi, § 2, 5-fi-75)
Supp. No. 81 1176
Sec. 4-1.21. Definitions (T}.
Thberculin test means any test approved by the
United States Department of Agriculture for the
detection of tubeTCUlosis in animals.
(Ord. No. 283fi, § 2, 5-fi•75)
Sec. 4.1.22. Reserved.
Sec. 4-1.23. Definitions (~.
(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 custadian
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) Vcious 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 59?.5 of the Penal Code.
(2) Any dog which, when unprovoked, in an
aggressive manner, infliOC~igly~j~3y40
Page 11 of 77
~ 4-1.23 ANIlViAL CONTROL; WELFARE AND LICENSE RE$UIREMENTS
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, ai~er 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-fi-75; Ord. No. 3fi93, § 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-fi-75)
Sec. 4-1.29. Rules and regulations.
The $oard of Supervisors may, by resolution,
promulgate any necessary rules and regulations
for the administration of this division.
(Ord. No. 283fi, § 2, 5-fi-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
C e gg 3 each of the aforementioned individu-
Ordinance o. ~3~~
Page 12 of 77
Supp. No. 98 1177
~ 4.1-~
als shall have the power to issue notices to apps
in court for violations of the aforementioned
visions pursuant to chapter 5c, commenci.ng ~
section 853.5 of title 3 of part 2 of the Califoriu
Pena] Code.
(Ord. No. 283fi, § 2, 5-fi-75; Ord. No. 04-013, §
10-2fi-04)
Sec. 4-I.31. Interference.
No person shall interfere with, oppose or resin
any authorized person charged with the enforce
went of this division while such person is engage
in the performance of his duties.
(Ord. No. 283fi, § 2, 5-fi-75)
Sec. 4-1.32. Firearms authorized.
Supervisory and senior animal control officer
are authorized to carry loaded rifles, shotgun
and tranquilizer equipment, issued by the Count;
while acting in the course and scope of thei
employment.
{Ord. No. 2836, § 2, 5-6.75)
Sec. 4.1.33. Disposal of dead animals.
The owner of any animal which dies s~
dispose of the carcass of such animal in a sanitar
manner as prescribed by the Director withv
twenty-four (24) hours after said owner has know]
edge of the animal's death. The Director shall b•
responsible for the disposal of all dead animal.
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 o
this division is guilty of an .infraction, except a
set forth in subsection (b) of this section.
(b} Any person who violates any provision o
sections 4-1-48, 4-1-51, or 4-1-95 is guilty of ~
misdemeanor. Moreover, any person who violate
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 the:
division by that person is guilty of a misde
meanor.
(c) Each day on which a violation occurs
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, fi-8-04}
§ 4-1-35 ORANGE COUNTY CODE § 4-1-48
' Sec. 4.1.35. Inspections.
The Director, ~or~ his duly authorized deputies
and agents, are authorized to inspect any build-
ing or other property for the purpose of enforcing
this division or any statute relating to animal
control.
(Ord. No. 3000, § 2, 8-30-77)
such public property grants written permission
for such dog to be on such property without such
chain or leash.
Ord. No. 283fi, § 3, fi-fi-75; Ord. No. 2908, § 1,
5-4-7fi)
Sec. 4.1.45. 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
andlor custodian .of the animal, if known, an
investigation to determine whether a violation
exists may be made. If the investiga~on discloses
a violation of this division, prosecution may be
initiated against the owner andlor custodian.
(Ord. No. 3693, § 4, 3-22-88)
Secs. 4-1-37--•4.1.44. Reserved.
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 d,og to be upon any
private property unless such dog be restrained
thereon by a fence, wall, substantial chain, leash
not exceeding six (5) feet in length, other appro-
priate physical 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 tcf be upon any public
property unless such ddg be restrained by a
substantial chain, or leash not exceeding six (fi}
feet in length, and is under the charge of a person
competent to exercise care, custody, and control
over such dog., unless the ovc~ner or operator of
__..____
Editor's not,--Section 1 of Ord No. 2836, adopted May
fi,1975, repealed former art. 2, §§ 4-I.17--~-1.21, 4.1.2?-4-
1.31 and 4.1.37--4-1-41, relative to anima] ]icenses, 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.
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, 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.
The terms "guide dog," "service dog," and "sig-
nal dog" in this section shall be given the same
meania~g as set forth in Penal Code Section 385.5.
(Ord. No. 283fi, § 3, 5-6-75; Ord. No. 2908, ~ 1,
5-4•?fi; Ord. No. 98-15, § 32,12.8-98)
Sec. 4-1.4?. Female cats and dogs in seaf~on
to be confined.
Every person owning or having charge of ~~ny
female cat or dog shall strictly confine such ani-
mal during its breeding season (i.e., while it is in
hest} in a building or other enclosure adequate to
keep such cat or dog confined.
(Ord. No. 283fi, § 3, 5-6-75)
Sec. 4•)•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 mayC~r~c~' No.1340
Page 13 of 77
Supp. No. 98 117$
§ 4-1-48 ANIMAL CONTROL, WELFARE AND LICENSE REQUIREMENTS § 4-1-~
(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 anunals 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•
lance.
(f} 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-fi-75; Ord. No. 2908, § 1,
5-4-7fi; Ord. No. 04-049, § 1, 6-8.04)
Sec. 4-1.99. Private property.
No person, owning or having care, custody, or
control of any animal, shall permit, either will-
fully orthrough failure to exercise proper control,
Ordinance No. 1340
Page 14 of 77
Supp. No. 98 1178.1
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. 283fi, § 3, 5-6.75; Ord. No. 2908, § 1,
5-4-76)
Sec. 4.1.54. Dogs to be curbed.
A person having custody of any dog shall not
permit, either willfully or through failure to eYer-
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-
vent their 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
~ 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. 3fi93, § 5, 3-22-88)
Secs. 4.1.52--4-1-59. Reserved.
ARTICLE 3. RABIES Ct)NTROL*
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 veter-
inarianwith avaccine approved uy the California
Department of Health. 8y obtaining an antirabies
deferment from a licensed veteriM~arian, 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. 2836, § 3, 5.6-75; Ord. No. 2908, § 1,
5-4-76)
Sec. 4.1•fil. 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, inc]uding the home or resi-
dencewhere the animal is kept ~~r has strayed, to
inspect, and if necessary, to seize and impound
any animal suspected of being x°abid for a period
of fourteen (14} days (ten (10) days for dogs and
cats}. The impounding o~cer shall make reason-
able efl"ort 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
wEditor'saote-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 Cade 1961, ~§
41.031-41.034. Section~P~~~i '~i~c, ted a new Art.
3, §§ 4-1.60-4.1-63, a~ herein ~~~t15 Of 77
c,,.,,, N~ Ri 1179
§ 4-1-61 ORANGE COUNTY CODE
§ 4-1-71
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 Duector 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-?6)
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
warlnblooded mammal, or of any signs of disease
or unusual behavior in any anunal under quaran•
tine, shall immediately report such facts to the
erector.
(Ord. No. 2836, § 4, 5-6-75}
Sec. 4.1.53. 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, 5-6-75; Ord. No. 2908, § 1,
5-4-76)
for said dog an Orange County dqg license. Such
license shall be procured within fifteen (15) da s
aflrer the date on which ' y
it becomes due. The
following are exceptions to the requirement to
censer
(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. 283fi, § 5, 5•fi-75; 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•?6}
Secs. 4.1.65--~•I.69. Reserved.
ARTICLE 4. DOG LICENSING*
Sec. 4-x-?o. 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) of Ord. No. 2836, adopted Mav
6, I975, repealed former Art. 9, §§ 4.1.65-4•I.72, relating to
keeping and restraint of dogs, and derived from Code 1961, ~~
41.091-91.09"r. Section 5 of said ordinance enacted a newArt.
9, ~~ 9.1~~~~ ~c~'.e~~~t out.
Page 16 of 77
Sec. 4.1.71. 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.
Supp. No. 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, 5-6-75; Ord. Nol 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 cansi~ered 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. 283fi, § 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. 283fi, ~ 5, 5.6-75}
Sec. 4-1-?9. 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 ~~accination certificate, antirabies-inocula-
tion-deferment form, or other form issued in ac-
cordance with this division.
(Ord. No. 2836, § 5, 5-6-?5)
Sec. 4•l-?b. Display of certificates required
upon demand.
Ever3- 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. 283fi, § 5, 5•fi•?5)
Sec. 4.1-?6. Anima] 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
~ 4.15
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 nontrans-
ferable and must be renewed ar~nuaUy. The Board
of Supervisors may, by resolution,. adopt regula-
tions governing the keeping of animals under
permit, including fa ' 'ty construction and main-
tenance standards. Failure to comply with such
regulations or any conditions imposed by the
Director shall constitute cause for denial or revo-
cation of such per~oit.
The provisions of section 5-~;-19 of these codi-
fied ordinances shall govern appeals from the
denial of revocation of n permit }ender this section.
(Ord. No. 2908, § 3, 5.4.76)
Secs. 4.1-?7-4-1.89. Reserved.
ARTICLE 5. CAT LICENSING
Sec. 4.1.85. Cat licensing.
The owner of any cst may, upon submission of
proof of rabies vaccination, certified to by a li•
tensed 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 ownr;r 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. 283fi, § fi, 56.75; O~~d. No. 2908, § 2,
5.4-76}
'Editor's note-Section I of Ord. No. 2836, adopted May
6, 1975, repealed former Art. 5, ~~ 9.1.83--+4.1.85, pertaining
to reporting bites or scratches, and derived from Code 1961, ~~
41.051-91.053. Section ~Q~~~,~r~i~cq meted a new Art.
5, § 4-1-85, as herein set out. Page 17 of 77
SUpp. No. 81 1181
§ 4-1-8fi ORANGE COUNTY CODE ~ 4-1.95
Secs. 4-1-85--4-1-93. Reserved.
ARTICLE 6. DANGEROUS AND VICIOUS
S
Sec. 4.1-94. wild, eYOtic, 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, § 7, 5-6.75; Ord. No. 2908, § 1,
5-4.76}
Sec. 4-1.95. Declaration and possession of
vicious or potentially danger-
ous dog.
ta} General Provisions.
(1) If the Director has cause to believe that a
dog is a "vicious dog or potentially dan-
Or~j~}~~~ ~~41in the meaning of section
Page 18 of 77
4.1.23, he or she may tentatively find and
declare such dog a "vicious dog or poten•
Bally 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
(aX3) 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 toimpound and/or abate any "vicious
dog or potentially dangerous dog" indepen•
dently of any cruninal 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 unposition 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 cancei•
la~on or nonrenewal or, at the owner's
or custodian's option, the filing with
the Director of proof of a bond in the
Snpp. No. 81 1182
~ 4-1.95 ANIMAL CONTRQL, ~w1~rLFARE ANI} 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 enclo-
sure.
c. Location of the dog's residence.
d. Requirements as to type and method
of restraints and/or 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 ~ of title 4 of this
Code as applied to the regulation of
vicious dogs.
(c)1 mmediate 1 mpoundment. 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, shearing shall be held within five (5)
working days of receipt of thF~ 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 i~ldicated. If, after
five (5) working days following receipt of such
notice, no written request for a hE paring is received
from the owner or custodian, tht~ dog in question
shall be disposed of under applic~~ble provisions of
law.
(b} Notification of Right .to Hearing, At least
five (5) working days prior to impoundment and/or
abatement, the owner or custodian shah be noti-
fled 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
disp]ay of such notice shall be specified by the
(d} Request for and Conduct ~~f Hearings. Ex-
cept asotherwise provided in subsection (c) of this
section, the Director shall conduct a hearing within
fifteen (15) days following races pt of a written
request from the owner or custodian requesting a
hearing under this section, and n~~tice of the time,
date and place thereof shall bts 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 hip; or her findings
and recommendations based on ~;uch 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 e~ ~idence against
him or her. The hearing need nc.t 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 afi'airs, regardless of the exist-
ence of any common ~.1~'irl~'n~~~4~1e which
might make improper the s ~~such evi-
Supp. No. 81 ~ ~ R.~
§ 4-1-95 ORANGE COUNTY CODE ~ 4-1-105
dente over objection in civil actions. The rules of
privilege shall be efi'ective 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 o f Circumstances. In the event of
changed circumstances, the Director may amend
or rescind .any abatement and/or impoundment
unposed pursuant to subsection (aX5} of this
section. Any such revision to the abatement and/or
impoundment due to changed circumstances shall
be subject to 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.
imposing an initial abatement and/or unpound-
mentset forth in subsections (b), (c) and (d) of this
section.
(g} Possession Unlaw ful. 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 e~'ort 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 31fi21
and following for this purpose.
{Ord. No. 2836, § 7, 5-6.75; Ord. No. 2948, § 1,
5-4-?fi; Ord. No. 3593, § 3, 3-22-88; Ord. No.
98.15, § 33, 22-8-98)
(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 (IO) 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 and/or 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 and 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~i~~ct`lbo t$~~ame nonce, hearing and
othe~~~g~'~ requirements as required for
Sec. 4-1-96. Reserved.
Editor's Dote--,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, ~ ?,adopted
May 6, 1975.
Secs. 4-1.97--4-1.104. Reserved.
ARTICLE 7. ANIMAL IMPO[JNDMENT*
Sec. 4.1-]05. 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'c note--Section 1 of Ord. No. 2836, adopted May
6,1975, repealed former art. 7, ~§ 4.1-113--4.1-116, pertain-
ing to dangerous animals and derived from Code 1962, ~~
41.071-41.0?9. Section 8 of said ordinance enacted a new art.
7, §§ 4-1-105--~-1.111, as herein set out.
110A
i 4.1-105 ANIMAL CONTROL, WELFARE AND LICENSE REQUIREMENTS ~ 4-1.110
nances of Orange County, any regulation Sec. 4-1.108. Redemption of animals from
adopted thereunder, or any California stet- Orange County Animal Shel-
u~• 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.
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 ~~nimal. Said noti-
fication shall be by mail with postage fully pre-
paid thereon,
(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.
(fl Any wild anima] 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-
orals impounde+~ pursuant to subparagraph (f)
above, may be summarily destroyed.
(Ord. No. 2836, § 8, 5-6-75; Ord. No. 2908, § 1,
5-4-7fi)
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
s~~ach animal to the Director upon demand.
(Ord. No.. 283fi, § 8, 5-6-75; 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)
Any impounded animal ma3~ be redeemed by
the owner upon payment of tbi; 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 anim;~l in conformance
with the requirements of this division.
If a licensed animal is not redeemed within
seven (7) days of impoundment, ~:xcluding County
holidays and the day of i~apour~dment (three (3)
days for unlicensed animals), it shall be deemed
abandoned and the Director ma;~ sell, release, or
destroy said animal.
(Ord. No. 2836, § 8, 5.6-75; Orel. No. 2908, § 1,
5-4-76)
Sec. 4-1.109. Sale of unredee;~ed animals.
Except as otherwise provided by State law or
by this division any unredeemec animal may be
sold by the Director upon pays lent of the fees
established by resolution of the Poard of Supervi-
sors.
An unredeemed female dog which has not been
neutered shall not be sold or gi~~en away, other
than for approved medical resefrch, unless the
deposit specified in section 4-1.111 has been re-
ceived.
(Ord. No. 2836, § 8, 5-6-75)
Sec. 4.1.1]0. Disposition by el~tbal3aSla.
Any impounded animal whic}~ has not been
redeemed or sold maybe 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 $oard
of Supervisors. Ordinance No. 1340
(Ord. No. 2836, § 8, 5-6-75~age 21 of 77
Supp. No, 81 1185
~ 4.1.111 ORANGE COUNTY CODE ~ 4-Z-143
Sec. 4.1.111. Animal shelter.
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
bas 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, 5.6-75)
Sec. 4.1.11. Sale, give away, acceptance
andlor 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--4.1-12fi. Reserved.
ARTICLE 8. ANIMU~.LS RUNNING AT
LARGE
Sec. 4.1-129. Impounding livestock.
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 19s1, § 41.083; Ord. No. 283fi, § 9, 5-fi•?5;
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 19fi1, § 41.084; Ord. No. 283fi, § 9, 5-fi-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 t3) 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 19fi1, § 41.085; Ord. No. 2836, § 9, 5-fi-?5;
Ord. No. 2908, § 1, 5-4•?s)
Sec. 4.1.127. "Anima]" defined.
Animal, as used in this article, shall not in-
clude acct or dog but shall include livestock.
{Code 19fi1, § 41.081; Ord. No. 283fi, § 9, 5-fi•75)
Sec. 4-1.128. Staking or grazing.
No person owning or having charge, care, cus-
tody or control of any anunal 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 Iands
or highways or to allow any such animal to run at
large.Ordinance No. 1340
(Code~,~~.~2; ord. No. 3000, § 1, 8-30-77}
Secs. 4-1.132---4.1.141. Reserved.
ARTICLE 9. KEEPING OF LNESTUCK
Sec. 4-1-142. Reserved.
Editor's note--Section 10 of Ord. No. 2836, adopted May
s, 19?5, repealed former ~ 4.1.142 relative tie keeping of
livestock near dwellings. Said former section was derived from
coae i9s1, ~ 41.091.
Sec. 4-1-193. 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.
C~ir-n Nn Al ~ ~ R{)
~ 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•
,able strength, 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 e~'ectively 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.
Editor's aote--Section 10 of Ord. No. 2836, adopted Msy
6, 1975, repealed fflrmer ~ 4-1.59 defining certain terms as
used in Art. lo. Se.id formex section was derived from Code
1961,§9].101.
Sec. 4.1.155. Supplement to State law.
This article shall in alI respects be construed to
supplement and harmonize with the provisions of
the laws of the State of California pertaining to
animal industry:
(Code 1961, § 4:t.102}
Sec. 4.1.156. Appointment of County Veteri-
D ar] 8n.
The County Veterinarian shall be appointed by
fine Orange County Board of Supervisors in com-
pliance with State and Federal laws.
(Code 19fi1, § 41.103}
;iec. 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 laves of the State of California, the
ordinances of the County of Orange and all orders
of its $oard 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,
~ 4.1-1fi4
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 comx~aunicable disease
found in animals to the Healt~- Officer 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 dig-
ease outside this County.
when the County Veterinarian has determined
that an infectious disease exists among animals
in any area and the importatio~i of animals from
such area might spread such d~.sease 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 Veteri~iarian may refuse
to permit shipments of animals from such areas
to the County of Orange unless ~~ccompanied by a
certificate signed by State or Federal veterinarian
certifying that the animals for v~,-hich such certaif
icate is issued are not infected x~th or exposed to
an infectious disease. Any animals entering the
County of Orange from any area so described and
designated without such a certificate may be
quarantined by the County Vete~lnarian and con•
fiscated or disposed of in suc~~ manner as to
eliminate any danger of the an.+.mals within the
County of Orange being exposed to infection from
such disease.
(Code 1961, § 41.105)
Secs. 4.1.159--4.1.169. Reser~~ed.
Sec. 4.1•IG4. Investigation of diseased ani-
mals within County.
The County Veterinarian shad investigate all
reports of the presence of infc~ctious diseases
afl"ecting animals within the Co snty 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 prov~~d~#'e~~ ogle, and it
shall be unlawful for any ~g~~o~i~~rfere with
Supp. No. 81 11 S7
§ 4-1-164 ORANGE COUNTY CODE $ 4.1-176
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 anunals 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-
icatesuch disease and prevent the spread thereof
to other animals. The County Veterinarian may
quarantine any animal upon the land or premises
where such diseased animal has keen kept, and
thereai~er 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, egwpment or effects
to be properly cleaned and disinfected.
(Code 1961, § 41.106)
Sec. 4.1.165. Damage or removal of quaran•
tine notice.
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 orperforminganimals orhorses.
(Code 1961, § 41.109; Ord. No. 98.15, § 35,12-8-
98)
Sec. 4.1.168. Reserved.
Editor'r 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, 7liberculin iu~jection.
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. Z~berculin test-Removal of
cattle or performing animals
or horses before completion
prohibited.
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, § 41.10?)
Sec. 4•I-16S. Reserved.
Editor'f 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 tie removal of livestock from
slaughterhouse, and derived from the Code of 1981, $ 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-
muniC~~L~,1~®ss such animals are spe-
cifica~~e~iid~~~ to enter the State of California
No person shall move any cattle or performing
animals or horses upon which s 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, § 3fi,
12-8-98)
Sec. 4.1.176. 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)
~...,.. ~i., a~ 11 QQ
~ 4-1•I77 ANIMAL CONTROL, WELFARE AND LICENSE REQUIREMENTS
Sec. 4.1.177. Identification of cattle or per-
forming animals or horses af-
flicted with tuberculosis--
Slaughterrestricted.
All cattle or performing animals or horses
which are shown by the tuberculin test to be
afflicted with tuberculosis shall be immediately
marked for identification by branding the letter
"T"' on the left jaw. The "Z"' shall ba 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 (~14) 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, § 3fi,
12.8-98)
Sec. 4.1.178. Livestock or performing ani-
mals or horses to be confined
for examination and testing.
The owner c-r 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
performng 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 Coilnty of Orange unless paid within
ten (10) days after written notice of the amount
has been given ~y 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. 9.1.179. Duty to report information.
Any person having knowledge of the presence
of an infectious disease in livestock or performing
~ a- i •222
animals or horses shall report same to the County
Veterinarian. All persons ownutg or having con-
trol of livestock or performing ~~nimals 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, § 41.116; Ord. No. 98-15, § 36,
12.8-98)
Sec. 4.1.180. Violation.
All animals including performing animals or
horses brought into the County of orange in
violation of any of the provisior.~s 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. Rese~ ved.
ARTICLE 11. RESE RVED*
Secs, 4.1.191-~-~4.1.222. Reserved.
~_.____
'Editor's note~0rd. No. 98.16, $1, adopted December 8,
1998, amended the Code by repealing Art.11, §$ 4-1-191---9-
1-195, 9-1.206--4.1.210, 9-1.221, and 4-1.222, in its entirety.
Former Art. 11 pertaineQ~~l~~g, and derived
from the Code of 1961, $$ 41.Ifla~.y$~f 77
(The next page is 1239
ORANGE COUNTY BOARD OF SUPERVISORS
MINUTE ORDER
November 21, 2006
Submitting,Ag~en_ cy/Deparlment: HEALTH CARE AGENCY
Consider second reading and adoption of "An Ordinance Amending and Adopting Designated Sections of Division 1 of
Title 4 of the Codified Ordinances of the County of Orange Pertaining to Animal Control, Welfare and License
Requirements" -All Districts (Continued from 11/1410b, Item 42)
The oirowing is action taken by the Board of Supervisors:
APPROVED AS RECOMMENDED ® OTHER ^
Unanimous ®{1) CORREA: Y (2} SILVA: Y (3} CAMPBELL: Y {4} NORBY: Y {S}WILSON: Y
Yote Key ~ Y=Yes; N=No; A =Abstain; X=Excused; B. O. =Board Order
1]ocuments accompanying this matter;
^ Resolution(s)
® Ordinances(s} 06-011
^ Contract(s}
Item No. 41
Special Notes:
Copies sent to:
cE0
HCA -Jennifer Phillips
Gina Yan Quest
Coco
Auditor
~~~~~
Ordinance No. 1340
Page 26 of 77
J ~~.Y, ''
U ~,1m~ u
f~ ~ ' ~
qt ~F oy,~
1 ccrtify that the foregoing is a trot
adopted by the B d of Supcrvi
DARLENE J. OM, Clcrk ,t~
d corrcct copy of the Minutc Ordcr
Orangc County, Statc of California.
c Board
'~~Deputy
1
RDTNANCE N0.Ob,~ 01_1
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AN ORDINANCE AMENDING AND ADOPTING
DESIGNATED SECTIONS OF DIVISION l OF TITLE 4
OF THE CODIFIEDCO~RD ROL, WELOFARE AND LICENSE REQUGREMENTS
PERTAINYNG TO ANIMA
' of the Coup of Orange, California, ordains as follov~rs:
The Board of Supervisors tY
' e Codified Ordinances of the County of Orange is hereby
SECTION 1: Section 4.1.3 of th
amended to read as follows:
Sec. 4-1-3. Definitions (B).
• a s cries howls or makes any. noise for an exteT~ded period of
Br7rklrt do means a dog that barks, b y , ,
g g f da or ni ht re ardless of whether the dog ~s
tune to the disturbance of any person at any time o y g ~ • g ,
• ~ 'vate roe .Such extended penod of time shall cor. sist of incessant
h sically situated in or upon pri p p ~y ,
p y • 24-hour eriod, or intermittent barking for 60 m:~nutes or more
barking for 30 minutes or more ~n any p ~' 'cle if at
' do shall not be deemed a barking dog for purposes o~ this Aril ,
during any 24-hour penod, A g .
• in a erson is tres rising or threatening to trespass upon pn~ ate property in or
any time the dog rs bark g, p P
' is situated or when the dog is being teased or provoked.
upon which the dog
• isle 2 of Division 1 of Title 4 of the Codified Ordinances of the
SECTION 2• Subarticle 1 of Art
f Oran e is hereby adopted, and shall read as follows:
County o g
ubarticle 2. Barking Dog Violation and Civil Fine.
S
Sec.4-1-59.1, Applicability.
' -1-48 of this Code, this subarticle makes any violation for keeping,
~a} Notw~thstand~ng section 4
' ' rmittin a barkln do as defined in section 4-1-3 subject to civil fine.
maintaining, or pe g g g
' tablishes the administrative procedures for the imposition, enfo~~cement,
(b} This subart~~cle es v rnment
' inistrative review of civil fines for barking dog violations pursuant to Go e
collection, and adm
Code section S30b9.4 and the County's plenary police power.
' evil citation under this subarticle is solely at the County's discretion and is one
tc} The issuance of a i ,
ess barkin do violations. By adopting this subarticle, ~~:he County does
o ~t~on the Count} has to addr g g
I an other remed civil or criminal, includin; those public
nc~t intend to limiti its discretion to utilize y y~
nuisance remedies set forth in section 4-1-48.
' ' 'citations ursuant to this subarticle is to encourage ~ ~oluntary and
(d The purpose of issuing civil p .
} lie rotect~on and
'nee with the rovisions of this Code and to e1~m~nate nuisances fort p
complete complja P
benefit of the entire community.
• Lion 4-1-59.2 of the Codified Ordinances of the~~a~trg~~Or is hereby
SECTION 3. Sec Pa e 27 of 77
11 read as follows: 9
adopted, and sha
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Sec. 4.1-59.2. Definitions.
The followin definitions apply to the use of these terms for the purposes of this subarticle:
g
(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 ~n which any act provided by law ~s to be done ~s computed by
excludin the first day and including the last, unless the last day is a holiday, and then it is also
g
excluded.
e Director means the Health Care Agency Animal Care Services Director, or his or her designee,
(}
~ En orcement Off cer means any Animal Care Services employee or agent designated in writing '~
(~ .~
the Director. .
Hearin Dff cer means a person appointed by the County Executive Officer or designee to serve
(g} g
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 ersonally served on the violator, or the date ~t is mailed to the property where the
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barkin do is located or where the barking dog violation occurred, or the date the c~tat~on ~s posted ~n a
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cons icuous lace either on the property where the barking dog is located or where the barking dog
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violation occurred. When service ~s 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 o decision means a form used by a Hearing Officer to inform aviolatorand/or complainant
() f .,
of an administrative hearing decision regarding provisions of this subarticle.
' Dwner means any person who possesses, has title to or an interest in, harbors or has control,
U)
custod or ossession of a dog, and the verb forms of "to own" shall include all those shades of
Y p
meaning.
k Res onsible Person. A Responsible Person may also be referred to as a "violator" herein, A
() P
Responsible Person is any of the following:
1 A erson who allows a barking dog violation to exist, whether through willful action, failure
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~,r,~~ ~j~e 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 r;ntity, and the
owners, majority stockholders, corporate officers, trustees, and general partners of a legal entity.
(S} For tl~e purposes of this subarticle, there may be more than one Responsibly;Person for a
barking dog violation, and a minor at least 14 years of age may be a Responsible Person subject to the
p~~ovisions of this subarticle.
SECTYDN 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
b~{rking dog violation that the Enforcement Officer did not see or hear occur based on a complaint,
si;;ned 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 fog and shall pay to
the County the fine or fines described in the barking dog citation when due. Where the Responsible
PE:rson 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 l ate penalties. In
any case, the Responsible Person (by hislher parents when the Responsible Person is u~ ider the age of
eighteen} shall have the right to appeal the issuance of the citation pursuant to 'the provisions of this
subarticle.
(o} Prior to issuing a civil citation for a barking dog, the Responsible Person shall be liven a 10-day
period within which to correct the problem.
{~;) Each day a barking dog violation exists beyond the initial 10-day period ~~llowed S'or correction
sh:~ll be a separate violation and be subject to a separate citation and fine. A barking dt~g civil citation
m~{y include a violation for one (1 } or more days on which a violation exists, and for vi~ elation of one (1 }
or more Code sections.
SECTION 5: Section 4-1.59.4 of the Codified Ordinances of the Coul~ty of Orange is hereby
adapted, and shall read as follows:
Sec. 4-1-59.4. Barking dog citation contents.
Each barkin do citation shall contain the followin information: Ordinance No. 1340
g g $ Page 29 of 77
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1 (a} Date on which a complaint or personal inspection established the barking dog violations}.
2 (b} Name of the Responsible Person for the barking dog violations} (if known).
3 c Address where the barkin do violation s occurred.
() g g (}
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(d} The Code section(s) v~olatcd.
5
(e} Whether the violations} were established by inspection or by complainant.
b
(f) Amount of the fine for the violations} and procedure to pay the fine to avoid a late payment
7
penalty.
8 .. .
Designation of prior civil c~tat~ons Issued for the same Code v~olatlon(s), if known by the
(g}
9 Enforcement Officer.
10 ~ (h} Notification of an assigned administrative hearing date, time and location where the civil
fine maybe contested.
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i Description of the procedure for requesting a continuance of the assigned administrative
12 (}
hearing.
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' A notice that a barkin dog violation is a nuisance and that collection of unpaid fines andlo~
U) g . .
14 enalties can result in additional fines, penalties and/or imprisonment in the County ~a~l.
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15 the Enforcement Officer who issued the barking dog citation and/or civil fine.
(k) Signature of
16 ,.
(1 Date upon which the barking dog c~tat~on and/or civil fine was issued.
17
m Proof of service to be completed by the Enforcement Officer indicating whether citation
~) .
18 was issued by personal service, by marl, or by posting in a conspicuous place on the property
where the barking dog violation occurred.
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elf-addressed envelo e in which the violator can mail the civil fine to the County if the
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citation is not contested.
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o Any other information deemed necessary by the Enforcement Officer for enforcement or
(}
22 collection urposes.
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SECTION 6: Section 4-1-S9.S of the Codified Ordinances of the County of Orange is hereby
25 adopted, and shall read as follows:
~.r~,
2b • - .Service of barkin do citation.
Sec.4159.5 g g
27 ,
A barking dog citation may be served as follows.
2 finance No. 1340
e 30 of 77
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a An Enforcement Officer may personally serve the barking dog citation on the Responsible Person.
{}
The Res onsible Person shall be requested to sjgn a copy of the citation showing lus or her receipt of the
P
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 certif ed mail, return receil3t requested, if
~)
~~ the ro ert owner and/or occu ier's name is known but the violator ~s not present when personal
p P Y P
service is ahem ted. The citation shall be mailed to the address where the barking dog violation
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occurred.
c An Enforcement Officer may post a copy of the barking dog citation in a conspicuous place on the
~}
ro erty where the barking dog violation occurred ~f the property owner and/or occupier s name ~s
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unknown. In this event, the citation shall also be mailed addressed to the owner of the jproperty where
the barkin do violation occurred as reflected on the County's property tax rolls. A copy of the citation
g $ . i~ ~!
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 O~~ange is hereby
adopted, and shall read as follows:
SE~c. 4-1-59.b. 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
Fi~~e for Fourth Barking Dog Citation within Same 12-Month Period Per Citation): $333.00
Fire for Fifth Banking Dog Citation within Same 12-Month Period (Per Citation): $366.00
Fi~~e for Sixth and Subsequent Barking Dog Citations Issued within Same 12-Month $403.00
Period: (Per Citation}
Ax+y Fine Not Paicl within Fifteen (1 S}Days of Due Date Shall Be Calculated As Folio -vs:
The Amount of th~~ Appropriate Fine Listed Above Added to a Late Penalty in the Sari a Amount as the
Fide Such that the Total Amount Due is Double the Unpaid Fine Amount.
SECTI01~ 8: Section 4-1.59.7 of the Codified Ordinances of the County of 0~•ange is hereby
ad+~pted, and shall read as follows:
Sec. 4-1-59.7. Payment of barking dog civil fines.
(a) After receiving a barking dog violation citation, a violator may respon~~bQr~t~Ollowing
methods; Page 31 of 77
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Or
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(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
hearin as noted in the citation. Payment shall be made by enclosing the fine amount by check
g .. ..
or move order in the self-addressed envelope attached to the civil citation ,and mailing the
y
envelo a to the Director by U.S. first class mall, postage prepaid. The Director may authorize
P .
a meet to be made in accordance with any other method, at any location within the County, or
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to any address.
2 A violator may choose to appear at an administrative hearing on the assigned administrative
()
hearin date contained in the citation. In that event, the fine is due and payable to the Hearing
g ,,
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 subpazagraph (a)(1) or (a)(2) above.
c Pa ment of a fine shall not excuse the violator from correcting the barking dog violation. The
(} y
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 da s after it is due and payable pursuant to subparagraph (a)(1) or (a)(2) above., an amount
() y
e ual to the fine shall be added as a late penalty and the Iate penalty and fine shall become due
q
immediate) . If a Hearing Officer upholds the issuance of a citation in an administrative hearing, the
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late enalt will be assessed if the fine is not paid as required at the conclusion of the hearing, or other
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time for payment determined by the Hearing Off cer.
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 An erson who receives a barking dog citation may contest it by appearing at the assigns
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administrative hearing date, time and location noted on the barking dog citation. A violator may Conte
the barkin do citation by denying that a violation occurred, by denying that it was not corrected with
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the on final 1Oda correction period, if applicable, or by denying that the violator is a Responsib
g y
Person for the violation.
If the citation fine is not aid prior to the assigned date and time of the administrative hearii
(b) p ..
ted on the barkin do citation, the violator must personally attend the administrative hearing on
no g g .. .
date time and lace s ecified. A failure to personally appear at the administrative hearing sI
P p .
stitute an abandonment of any defense the violator may have to the barking dog citation.
con
Hance No. 1340
e 32 of 77
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SECTION 10: Section 4-1-59.9 of the Codified Ordinances of the County of Urange is hereby
adopted, and shall read as follows:
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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,
tune and location by the Director or his/~~r designee.
(~b} The Director orhis/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.
(~~) 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 ju~~enile, under
eil;hteen (l 8) years of age, must accompany the juvenile to the hearing or the administr~~tive 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.
(cl) The citation itself and accompanying complainant's affidavit signed under penalt} of perjury
attwsting 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.
(~;} Neither the Enforcement Officer nor any other representative of the County shall t-e required to
attend the hearing. However, any such appearance and/or additional submission may b~~ made at the
discretion of the Enforcement Officer or any other Animal Care Services employee.
(f} The Director n,ay 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 ;~Iso continue a
he~~ring upon his or her own motion. All continuance requests shall either: (i) tie made ~n person at the
he~~ring, or (ii) be made by a written request received by the Director via a-mail, facsim~~le or letter at
least one week (7 days} prior to the hearing date. If a continuance is granted, the parties will be notified,
anti a new hearing date shall be scheduled that is within fourteen (14) days of the date o n which the
cor~tinued hearing was first scheduled to take place. If the request for continuance is de 1ied~, the parties
will be notified, and the hearing shall proceed aS originally scheduled. If the violator of 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 no~ be followed.
(h) The Hearing t)fficer does not have the authority to issue a subpoena or subpoena cruces 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 tc exhaust
adniinistrativeremwiies concerning the violation set forth in the barking dog citation. Tl~e violator's
failure to appear shall be noted on the notice of decision completed by the Hearing Officer and mailed to
.he violator and complainant. The failure of the complainant to appear at the hearing, unless the hearing
vas continued per subsection (~ above, shall constitute an abandonment of~l~ntla~d shall be
Page 33 of 77
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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 follov~s:
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 b the Hearing Officer. If the decision is to dismiss the barking dog citation, the civil fine shall
Y
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 herel
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, 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
complainant has failed to appear at an assigned administrative hearing.
SECTI(JN 13: Section 4-1-59.12 of the Codified Ordinances of the County of Orange is herel~-
adopted, and shall read as follows:
Sec. 4-1-59.12.
finance No. 1340
~e34of77
Collection of unpaid fines.
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' discretion ma ursue an and all legal and equitable remedies for the collectic
(a) The County at its y p Y .
' enalties. Pursuit of one remedy does not preclude the pursuit of any oth
of unpaid fines and late p ,
' e total fines and late enalties owed by a violator under this sub,~ticle have bee
remedies unt11 th P
collected.
' el remit a ment of a citation fine and/or late penalty authorized under section 4-1
(b} Failure to tam y p y ,
will result in criminal liability and a warrant may be issued for a violator s arrest
Sq.7(d} above
such fine and/or late enalty shall be a misdemeanor pursuant tt- section 1-1-34
N,mpayment of p
' fine of not more than one thousand dollars ($1,000) or by imprisonm~:nt in the Coun
punishable by a
' ' eriod of not more than six (6}months or by both such fine and imprisonment.
~ ai l for a p
Ordinance No. 1340
Page 35 of 77
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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, 200b, to wit:
AYES: Supervisors: THOMAS W. WILSON, LOU CORREA, JIM SILVA
CHRIS NORBY, BILL CAMPBELL
NOES:
EXCUSED:
ABSTAINED:
~~
CHAIRMAN
STATE OF CALffORNIA )
ss:
COUNTY OF ORANGE )
I, DARLENE J. BLOOM, Clerk of the Board of Orange County, California, hereby
certify that a copy of this document has been delivered to the Chairman of the Board and that the
above and foregoing Ordinance was duly and regularly adopted by the Orange County Board of
Supervisors.
IN WITNESS WHEREOF, I have hereto set my hand and seal.
,__--_
/"
. .
ENE J. BLOOM
Clerk of the Board.
County of Orange, State of California
Ordinance No.: Ob•O11
Agenda Date: 11/21/200b
ltem No.: 41
1 certify that the foregoing is a true and correct copy of the
Ordinance adoptc y the Board of S isors ,Orange County,
State of Califo
DARLENEy,~$L90M, ClcrYi6f the Board of Supervisors
By:
DepGty
Ordinance No. 1340
Page 36 of 77
A~
~(~ L'!I
G
~i~~/o~
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HCA Animal Care Services Barking Dog Citation Program
Proposed Fines, Cost and Revenue Summary (Alternative Proposal)
,~Ny ~P" I.L
P ~ ~1 +
•
First time offense 300 $719 $100 $30,000
2nd time offense 15 $791 X200 $3,000
~~d time offense 10 $870 X300 $3,000
4th time offense 5 $957 $400 $2,000
5th time offense 0 $1,000 X500 $0
6th or subsequent offense 0 $1,000 5600 $0
Total Offenses 330 $38,000
* ~ ffenses are forwhen they occurwithin the same 12•month period.
Fines for second and subsequent o
......
.,.
Cost and Revenue Summary
Estimated Annual Cost of Program: $241,054
Estimated Revenue from Proposed Fines:
Estimated Revenue from Cities' Share:**
Estimated Revenue from Fines & Cities Combined:
Estimated Funding from NCC Share:
Total Estimated Funding from Al! Sources:
Variance:
Pe rce nt of
Total Cost
~:aof ~~T~otal ~~Cost
$38,000 16%
$187,748 78%
$225,748 94%
$15,306 6%
$241,054 100%
$0
** • • ~ ° he 203 054 which re resents the total cost
Cities sf~are is approx. 92.5/0 of t $ p
fines based on an analysis of 4 years of ACS Program actual costs.
not offset by ,
Ordinance No. 1340
Page 37 of 77
TITLE b
BUSINESS AND SPECIAL LICENSES, REGULATIQNS
Division 1. General,Arts.1-3
Division 2. General License and Permit Requirements and Procedure, Art. l
Division 3. Specific Additilonal License or Permit Requirements and Business
Re~ulatio~, Art~s.1-23
Division 4. Cable ~eleviaio~ Systems, ~~ 5-4-15-4.38
Division 5. Wei~bing and Measuring Instruments, Art. l
Division 6. Sober Living Facilities, ~$ 5-6-I--5-6-129
Ordinance No. 1340
Page 38 of 77
Supp. No. loo 1467
Division 1
GENERAL
Article 1. Definitions, ~~ 5-1-1--5-1-28
Article 2. Licenses or Permits Required, ~~ 6-1.29-5•I-40
Article 3. Business Regulations, ~ 5.1-41
ARTICLE 1. D~FXNITIQ~1~*
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, serviicing, 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:
(I} The detection of an unauthorized entry
into, ~}r unlawful act committed within, a
building, structure, facility; or
(2) The detection of fire, smoke, heat or whit,
requires response of medical equipment
and
(3} Creates an action froLi the Sheriff or th
Orange County Fire A uthority.
Provided, however, that this ~~efinition shall nc
include domestic smoke, fire or burglar alarr
devices whose primary purpose is to awaken o
alert persons on the premise~~ and which emit
light or sound only within the protected premisef
Animal exhibition means any property wher
one. (I) or more animals are exposed to public vie`
for entertainment, instruction or advertisement
including animal acts. Activitic;s conducted prima
rily for the instruction or entertainment of th
participants for which no public admission i
charged, are excluded.
Animal rental establishment means a place
fat' 'ty where animals, other than dogs, cats
equines, are kept or maintained for hire.
Board means the Board of Supervisors of th
County of Orange.
Business means any business, trade, occupa
Lion, practice or profession.
Business solicitor or canvasser: See Canvasses
Canvasser means any person not having a~
established place of business in the County c
Orange who, for himself or as an agent of another
goes from house to house 1`dr the purpose c
soliciting orders or subscriptions for any good.
wares, merchandise or product, of any nature o
description, for future delivery whether or no
advance payments are collected at the time th~
order or subscription is taken, except salesmen o
solicitors regularly employed by any wholesal~
house or jobber who take or solicit orders fron
retailers or other merchants ~yonducting a regu
larly established place of busu Bess, or any persoi
----
~Rditor's note---Ord. No. 05-020, ~ 1, adopted November 22, 2005, has been treated by the editor as repealing former Art,
§$ 5.1.1-5-I-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 t
similar subject matter and derived from the Code of 1961, ~$ 51.011--51.013, 51.015, 51.017, 51.0110, 51.0114--51.0116, any
51.0118-61.0120; Ord. No. 2836, adopted July fi, I975; Ord. No. 2908, adopted May 4,1976; Ord. No. 2974, adopted Apri16,197?
Ord. No. 3022, adopted December 13,1977; Ord. No. 3129, adopted April 3,1979; Ord. N~S~Q3~~Ju~~49,1980; and Ord
No. 3363, adopted January 11,1983. Page 39 of 77
Supp. No.1o0 1469
§ 5.1-1 ORANGE COUNTY CODE
§ 5-1.1
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 tune 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 o~'ering 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 paeans any person,
firm or corporation who, for a fee, gathers, col-
lects, hauls, stockpiles, and spreads or sells any
manure or manure-like substance.
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
~~ 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 orplaces 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.
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 o ,portuni dance with or observe such
nude ~~ c ~0
age o
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 o f 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-
Supp. No.1oo 1470
~ 5-1-1 ~ GE
taped, or otherwise similarly depicted, except
when such conduct is done in one of the institu-
tions exempted under the definition of "figure
model studio."
~NERAL ~ ~• 1'
to house or from place to place, gathering, collect
ing, buying or otherwise dealing in any old rags
sacks, bottles, cans, papers, metal or other anti
Iles 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, fiilmed, 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 ta, 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, Iunch 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 foodistuffs 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' parlay 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 C-range by any person for pecuniary
compensation, the principal purpose of which is to
aid persons to become socially acquainted or to
othervise assist persons to meet for social pur-
pose;, or which service is generally known or
should be known by the offering or performing
party to be ~zsed by the recipients thereof far 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 per. son, firm or corps
ration having a fixed place of business in th~
County of Orange, engaged in or carrying on th
business of buying or selling, either at wholesal
or retail, any old rags, sacks, bottles, cans, paper
metal or other articles commonly known as junl
Kennet means any property where four (4) c
more dogs, or four (4} or more cats, over the age c
four (4) months, are kept or :maintained for an
purpose, except veterinary cly,nics and hospitalf
and except property for which an animal permi
has been issued pursuant to ;>ection 4-1-7fi.
Mobile X-ray unit means any X-ray generate
which is, or can be, used ~ or the purpose c
making medical diagnostic ,,~hotofluoragraphi
films of persons, and which is installed in or upo
a motor vehicle or trailer fro that it may b
transported from place to pla ;e.
Mobile X-ray operator means any person
other entity, who owns or l~;gally possesses
operates a mobile X-ray unit.
Nude shall have the same meaning as the
contained in section 3-12-2 of this Code.
Pecuniary comperr.sation means any commis
sion, fee, gratuity, hire, pro; it, reward, or an
other form of consideration.
Peddler means and includE:s every person wr
travels from place to place or has a stand upc
any public street, alley or other public place, i
the doorway of any room or b~ulding, or upon ar
lot or parcel of land, who seals or offers for sa
any goods, wares or mercha: idise in his posse
sion, other than food, except salesmen or solic
tors regularly employed by a ny wholesale hou;
or jobber, who take or solicit c rders from retailer
or other merchants conductr. g a regularly esta
lished place of business.
Person means both the sink ~ular and the plur~
and shall also mean and incl zde person, indivi
ual, firm, corporation, coparta ~ership, associatio
club, society or any other organization,
Pet shop means any person or facility engagE
in the sale or tr a of live im including fis:
birds and reptil s,db'~a c~ a basis.
age o
1471
§ 5-1.1 ORANGE COUNTY CODE
§ 5-1-I
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.
Pro fit interest means any interest or share in
the present or prospective profit of an escort
bureau or introductory service.
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.
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 inpawn, 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
furnishC~f ib~~. o~~~bscribers, any watch-
Page 42 of 77
Sheri f f or Sheri f f-Coroner means the Sherifl'-
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.
Speci fled 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;
Specified 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, cunn' ' gus,
fellatio, necrophilia, pederasty, pedophilia,
piquerism, sapphism, zooerasty; or
(2) Clearly depicted human genitals in a state
of sexual stimulation, arousal or tumes-
cence; or
Sapp. No. loo 1472
$ 5-1.1 GENERAL § 5.1-~
(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-
tionyvaginal or anal irrigation.
(Ord. No. O~i-020, § 1,11-22-05}
Secs. 5.1-2~-5-1-Z8. Reserved.
ARTICLE 2. LICENSES OR PERMITS
REQUIRED*
Sec. b-1.29, Licenses or permits required.
(fl Commercial motion picture production
television productions and still photogr~
PhY~
(g} Commercial stable;
(h) Grooming parlor;
(i) Kennel;
~} Junk collector or ea er;
(k} Mobile X-ray unit opE rator;
(1} Peddler;
(m} Pet shop;
(n) Poolroom;
(o) Massage establishme: it or technician;
(p) Public dance;
(q) Retail sale of conceals lble firearms;
(r) Secondhand dealer;
(s) Security system or se ;unity officer;
(t) Show;
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 pernut or
license from the County in accordance with Divi-
sions 2 and 3 of this title.
{a} Anir~~al 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 tie title of Art. 2.
Formerly, Art. 2 was entitled "Licenses Required."
(u) Taxicabs;
(v} Figure model studio ~ nd figure models;
(w) Dance studio and dance instructors;
{x) Escort, escort bureau and introductor
services.
{Code 1961, § 51.021; Ord. Nc. 2824, § 1, 3-18-7~
Ord. No. 2836, § 13, 5-6-75; Ord. No. 2908, § ~
5-4.76; Ord. No. 2935, § 2, 9-21-76; Ord. No. 297
§ 1, 4-6-77; Ord. No. 3022, § ly 12-13-77; Ord. N~
3037, § 1, 2.14-78; Ord. No. 3203, § 3, 15-7-8(
Ord. No. 3363, § 5, 1-11.83; Ord. No. 98-15, § 5~
12.8-98; Ord. No. 05.020, § 3, 11-22.05)
Sec. 8.1.30. Multiple businesses.
This title shall apply to e~.ch and every bus;
ness, trade, occupation, pro~~ession or practic
herein enumerated and condo aed in the uninco~
posted area of Orange Coun y, whether carries
on individually or in conjunction with any othe
activity.
(Code 1961, § 51.022)
Secs. 5.1.31--5-1 r~~ ce No, 1 40
~~ ~7
Supp. No. loo 1473
~ 5-1-41 ORANGE couNTY conE 5-1-41
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. A11 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)
Ordinance No. 1340
Page 44 of 77
Supp. No. 100 (The nett page is 1521)
1474
Division 2
GENERAL LICENSE AND PERMIT REQUIREMENTS AND PROCEDURE*
Article 1. Application, Fees and issuance, Revocation, Appeals, ~~ 5-2-1--5
2-19
ARTICLE 1, APPLICATION, FEES AND
IssvANCE, REVOCATioN, AP~I~s
Sec, b-2-1. Issuing officer,
Sec. b-2-b. Reasons for denial.
The issuing officer shall deny the applicatio:
for a license or permit if he or she finds any of th
following:
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, § fi,11-22-05)
Sec. 5-2.2. Applications.
Trie issuing officer shall receive all applications
for licenses and permits and shall provide appli-
cation forms 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 Koard 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)
(a} That the applicant does not fulfill th
specific requirements for such license c
permit as set forth in this title.
(b) That the applicant has made any false c
misleading statement or omission of fac
in his or her application.
(c) That the applicant has committed any c
the acts delineated in Business and Prc
fessions Code § 480, but subject to th
limitations on such denial as specified i
said statute.
(d) That the carrying on of the business a
described in the application will be detr
mental to the public health, safety c
welfare.
(Cade 19fi1, § 52.015; Ord. No. 98-15, § 56,12-f
98; Ord. No. 99-5, § 56,12.8-98; Ord. No. 05-021
§ 10,11-22-05)
Sec. 5-2-fi. Investigation and issuance.
Prior to issuing a license or permit, the issuin
officer shall make an investigation as he or sh
deems necessary to determine whether the appl
cant meets the requirements and qualificatior.
for the license or permit, and shall thereaftE
either issue a license or permit to the applicant c
shall notify the applicant in writing that his c
her application is denied, setting forth the facl
and reasons for the denial. The issuing ofl`icE
may consult with and ask for a recommendatio
from any other County officer or department pric
to the issuance of any license r~r permit under th
title, and shall, at the request of any Count
officer or department, supply that officer or d~
partment with a copy of the license, permit c
application therefor.
(Code 1961, § 52.016; Ord. No. 3957, § 1,1-23.9
Ord. No. 05-020, § 11,11-22-05}
'Editor's note-Ord. No. 05-020, ~ 5, adopted November 22, 2005, amended the Cod enamin iv. F erly Div. 2 w~
. „ . „ ~~~inance~o. ~34~'" '
entatled Iacense Procedure and General License Requirements.
Page 45 of 77
Supp. No.100 1521
§ 5 2.7 ORANGE COUNTY CODE
~ 5-2-18
Sec. 5.2.7. Form of license.
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.pernait
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 appra
priate.
(Code 1961, § 52.017; Ord. No. 05-020, § 12,
11-22-05}
Sec. 5.2-5. 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 officer shall make such
inspections thereof as he or she deems necessary
from time to time.
(Code 196x, § 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 perrd ~ ~,Oif a vehicle is licensed,
Page 46 of 77
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, 6*2l15..Multiple licenses; duplicate li•
censer.
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.O1I0; Ord. No. 05-020, § 16,
11-22.05)
Sec. 5-2.15. 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.
Na 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
Supp. No. 100 1522
§ 5-2-18 GENERAL LICENSE AMID PERMIT REQUIREMENTS AND PROCEDURE 15.2-
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. b-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 ofi"icer, 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
0~icer, 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 off' ~ license or a
permit. The decision of the Hearing Ofl-icer 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. 395?, § 3,1-23-96; Ord. No. 05-020, § 20,
11.22-05)
Supp. No. 100
Ordinance No.1340
Page 47 of 77
1523 (The next page is 155'
Division 3
SPECIFIC ADDITIONAL LICENSE Oft PERMIT REQUIREMENTS AND BUSINESS
REGUI.ATION3
Article 1. Massage Establishments and Massage ~chnicians, $$ 5-3.1-5-
3.14
Article 2. Security Systems, Security Officers, $$ 5-3-15-6-3-41
Article 3. Reserved, $$ 5-3.42--b-3.53
Article 4. Reserved, ~$ 6.3-54-5-3-69
Article 5. Reserved, $§ 5-3.70--5-3-80
Article 6. Manure, Fertilizer, $$ 5-3-81-x•3.93
Article 7. ~~~rved, ~ ~•~-94--5-3.104
Article 8. Reserved, §$ 5-3-105---5-3-115
Article 9. Public Dances, $$ 5.3.116--5-3-127
Article 10. Peddlers, Business Solicitors and Canvassers, §$ 5-3-128--6-3.138
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, §§ 5-3-30i-5.3-314
Article 21. Aerosol Paint Containers, Large Marker Pens, Paint Sticks and
Etching Tools, §$ 5-3-325---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-~-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 anc
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 t~
occur in massage establishments. The es
tablishment of reasonable standards fo
issuance of permits and restrictions o~
operations will serve to reduce the risk a
illegal activity.
(Ord. No. 01-013, § 1, 10-23-01)
Sec. 5.3-Z. Definitions.
Unless the particular provision or the cones
otherwise requires, the definitions and provisi
*Editor'a note-Ord. No. 01-013, $1, adopted October 23, 2001, amended the Code by repealing former art,1, $§ 5.3-1--5=`~-
and adding a new art, 1, §$ 5-3.1--5-3-14, to read as herein set out. Former art. l pertained to public baths, massage parlors, am
masse 'sts~ and derived from the Code of 1961, $$ 53.011-53.013. Subsequently, Ord. No. 05.020, § 22, adopted November 2~
Ordinance~~. ~ed the Code b renamin Art. 1. Formerl Art. l was entatled "Massa Es li "
y g y, ge tab shments.
Page 48 of 77
Supp. No. loo 1557
$ 5-3-2 ORANGE COUNTY CODE ~ ~ 5-3-2
contained in this section govern the construction,
meaning, and application of words and phrases
used in this Article.
(1) Board o f Supervisors means the Board of
Supervisors of the County of Orange.
(2) Chair massage means a massage as de-
fined below where. the patron is fully
clothed and in a public or semi-public
area. while receiving the massage, and
where the external parts of the body which
are massaged are limited to the head,
neck,, back and/or arms.
{3} County Executive Of~CCermeans the County
Executive Officer of the County of Or-
ange, or his/her designated representa-
tive.
(4) Conviction or~ convicted means a plea or
verdyct of guilty or a conviction following a
plea of nolo contendere.
(5) Customer area means any area open to
customers of the establishment.
{fi} Emp~'oyee as used in this Article shall
include independent contractors and un-
paid volunteers. The term "employ" shall
inclu~3e using or allowing services to be
provided by ate independent contractor or
unpa~~d volunteer.
{7) Health department means the Health Care
Agen~:y of the County of Orange.
(8) Manager means the person(s) designated
by th~3 operator of the massage establish-
ment toact asthe representative or agent
of th~~ operator in managing dayto-day
operations with the :;ame liabilities and
respo:~sibilities. Evidence of management
includes, but is not limited to, evidence
that the individual bas power to direct or
hire and dismiss employees, control hours
of op+~ration, create policy or rules or
purch use supplies. A t~ianager may also be
an owner.
(9) Massage means any ;method of treating
the e~:ternal parts of the body for reme-
dial, hygienic, relaxation or any other
reasor.~. or purpose, whether by means of
pressti re or friction against, or stroking,
kneading, tapping, pounding, vibrating,
rubbing or other manner of touching ex-
ternal parts of the body with the hands,
with or without the aid of any mechanical
or electrical apparatus or appliance or
with or without supplementary aids such
as rubbing alcohol, ' ' ent, antisEptic,
oil, powder, cream, ointment or other sim-
ilar preparations commonly used in this
practice.
(10) Massage establishment means any busi-
ness conducted within the County of Or-
ange where any person, firm, association,
partnership, corporation, or combination
of individuals engages in, conducts, car-
ries on or permits to be conductedi or
carried on, for money or any other coca sid-
eration, administration to another pe: son
of a massage, bath or health treatment
involving massages or baths. The term
"massage establishment" is intender i to
include any enterprise which has a:, its
primary business activity the providir. g of
massage services.
(I1} Massage technician means any per;;on,
including a manager, operator or ownE r of
a massage establishment, who adminis-
ters to another person a massage in ex-
change for anything of value whatsoever.
The terms "massage therapist" and "n tas-
sage practitioner" are included within „his
definition for purposes of this Article.
(12} Operator means the person signing the
operator's permit application as required
pursuant to section 5-3-4 of this Article
and whose name appears on the operat pr's
permit as the person responsible for the
operations of the massage establishmE;nt.
{13) Owner means any person or entity hav ins
an ownership interest in the mass age
establishment.
(14) Permit means and includes the per: nit
required pursuant to the provisions of
this Article to operate or manage a m ~s-
sage establishment, to perform the act iv
ides of a massage technician and/or to
perform ofi=premises massagES.
(15} Person means any natural person, corgi ~a
ration, partnership, firm, association or
other group or combination of individu ~ls
acting as an entity.
(lfi) Recognized school o f massage means any
school or institution of learning which
teaches, through state certified instruc-
tors, the theory, ethics, ~~~c ~~es1340
Pa e 49 of 77
Supp, No. 100 1558
§ 5-3-2 SPECIFIC ADDITIONAL LICENSE tilt PERMIT REQUIREMENTS AND BUSINESS REGULATIONS ~ 5-3~
sion, or work of massage, which school or
institution complies with California Edu-
cation Code section 94900, and which
requires a resident course of study before
the student shall be furnished with a
diploma or certificate of graduation. Schools
offering a correspondence course not re-
quiring actual attendance shall not be
deemed a recognized school of massage.
(1?} Sheri f f means the Sheriff of the County of
Orange, or his/her designated representa-
tive.
(Ord. No. 01-013, § 1,10.23.01; Ord. No. 05.020,
§ 23,11-22-05}
Sec. 5.3.3. Operator's permit required.
(a} No person shall operate a massage estab-
lishment within the County of Orange without
first obtaining an operator's permit pursuant to
this Article. The operator's permit required by
this Article shall be in addition to any other
license or permit required by this Code.
(b) The Board of Supervisors shall establish,
and from time to time may amend, the fees for the
administration of this Article. The Board of Su-
pervisors shall also establish a Health Services
Fee Schedule prescribing annual fees to be paid
by the operator of each massage establishment,
such fees to be paid directly to the County of
Orange Health Department. Fees required by this
Article shall be in addition to any required under
any other provision of this Code.
(Ord. No. 01-013, § 1,10.23.01; Ord. No. 05-020,
§ 24,11-22-05)
Sec. 5.3.4. Application for operator's per•
mit.
{a) Any person desiring an operator's permit
for a massage establishment 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 f~Iing fee estab-
lished by the Board of Supervisors. The applica-
tionshall becompleted and signed by the owner of
the proposed massage establishment, if a sole
proprietorship; one (1} general partner, if the
owner is a partnership; one {1) officer or one (1)
director, if the owner is a corporation; and one (1}
participant, if the owner is a joint venture. The
a lit t' n does not authorize operation of a
Ordinanc ~8
's~ a establishment unless and until such
Page 50 0
operator's permit has been approved as prow
in section 5-3-5. The application shall be dee
complete if it contains or is accompanied by ~.~
following information:
(1) A description of the type of ownership i
the business (i.e., whether by individua
partnership, corporation or otherwise).
the applicant is a corporation, the name +
the corporation shall be set forth exact
as shown in its articles of incorporation c
charter together with the state and dai
of incorporation and the names and res
dente addresses of each of its currer
officers and directors, and of each stocl
holder holding more than five (5) percer
of the stock of that corporation, such stocl
holders to be listed in descending ordf
based upon their percentage ownershi
interest in the corporation. If the appl
cant is a partnership, the application sha
set forth the name and residence addre:
of each of the partners, including limits
partners. If the applicant is a lim-''
partnership, it shall attach a copy o
certificate of limited partnership filed
the California Secretary of State to th
application. If one (1) or more of th
partners is a corporation, the provision
of this subsection pertaining to corpora
tions shall apply. The applicant corpora
tion or partnership shall designate one (~
of its officers or general partners to act a
its responsible managing officer. Such def
ignated person shall complete and sign a
application forms required for an indivic
ual applicant under this Article, but onl
one {1) application fee shall be charges
Such responsible managing officer mug
at all times meet all of the requirement
set forth in this section, or the operator'
permit shall be suspended until a respor,
Bible managing officer who meets all suci
requirements is designated. If no suci
person is named within ninety (90) day.
the operator's permit shall be deeme~
canceled and a new application for a~
operator's permit, accompanied with
appropriate filing fee, must be filed.
managing officer may be difl"erent f~ „~~
the manager or managing employee of th
massage establishment described in sub
section (a)(5} of this section.
Supp. No. ioo 1559
~ 5.3-4
ORANGE COUNTY CODE
(2) A detailed description of all services to be
provided at the massage establishment, If
the list of services required to~ be posted
pursuant to section 5-3-11(a)(2) of this
Article will be in any language other than
English, such list must accompany the
application for the operator's permit. Any
changes to such list afrer the issuance of
the operator's permit must be submitted
to the Sheril~' within ten (10) days after
such changes are made,
(3) The precise name under which the mas-
sagE~ establishment business is to be con-
ducl;ed.
(4) The complete address and all telephone
nun ~bers of the massage establishment.
(5) A complete current list of the names and
residence addresses of all proposed raas-
sagE technicians and other employees in
the ~ passage establishment with a descrip-
tion of the job duties or function of each,
and the name and residence addresses of
the manager or managing employee pro-
pose ~ to be principally in charge of the
oper ~tion of the massage establishment.
(fi) A de ~cription of any other business oper-
ated on the same premises, or within the
County of Orange or the State of Califor-
nia, which is owned.. or operated by the
apply cant.
(7) The following personal information con-
cerni ng the applicant:
a. Full complete name and all aliases
used by the applicant.
b. Current business and residence ad-
dress and alI previous business and
residential addresses for ten (10)
.years immediately preceding the
present address of the applicant, and
~he inclusive dates for each such
address.
c. Acceptable proof" that the applicant
{s at least eightEen (18) years of age.
d. ;~ieight, weight, color of hair and
eyes, and gender.
e. 't`hree (3) front faced portrait photo-
graphs atleast two (2} inches by two
(2) inches in size.
f. The applicant's complete business,
occupation and employment history
Supp. No. 100
1560
~ 5-3-4
for ten (10) years preceding the date
of application, including, but not lim-
ited to, the massage or similar busi-
ness history and experience of the
applicant.
g. The complete permit history of the
applicant including, but not liraited
to massage or similar business;
whether such person has ever had
any permit or license issued b3~° any
agency, board, city, county, territory
or state; the date of issuance of such
a permit or license; whether the per-
mit orlicense was denied, revok~;d or
suspended; or whether a vocat onal
or professional license or permit was
denied, revoked or suspended, and
the reason(s) therefor.
h. All criminal convictions, inclu Sing
pleas of nolo contendere, withir. the
Iast ten (10} years, including t !pose
dismissed or expunged pursuant to
Penal Code section 1203.4, but ex-
cluding minor traffic violations, and
the date and place of each such con-
viction and reason and sent once
therefor.
i. A complete set of fingerprints t~ ken
by the Sheriff and the results of the
fingerprint inquiry including it .for-
mation requested from outside law
enforcement agencies.
(8) The name and address of the owner and
lessor of the real property upon o: • in
which the business is to be conductea . In
the event the applicant is not the legal
owner of the property, the applica~ ;ion
must be accompanied by a copy of the
lease and a notarized acknowledgrr ent
from the owner of the property the t a
massage establishment will be locatec on
hislher/its property.
(9) A site plan depicting the building any Uor
unit proposed for the massage establ sh-
ment and a dimensional interior f oor
plan depicting how the massage establ; sh-
ment will comply with all applicable re-
quirements of this Article.
(10} The name and address of any massage
establishment ar other b~~Ic~~de~S40
massages area ' 'stered whigl~~o~~~ 77
~ 5-3-4 SPECIFIC ADDITIONAL LICENSE OR PERMIT REQUIREMENTS AND BUSINESS REGULATIONS ~ 5-3-
or operated by any person whose name is
required to be given pursuant to this
Article.
(11) The names, current business and resi-
dence addresses, telephone numbers and
written statements of at 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 associates.
(12} Authorization for the County, its agents
and employees to seek verification of the
information contained in the application.
(13} Such other identification and information
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.
(14) A statement in writing and dated by the
applicant that he/shelit certifies under
penalty of perjury that all information
contained in the application is true and
correct.
(I5) If, during the term of a permit, any of the
information submitted on the original or
renewal application changes, the operator
shall notify the Sheriff of such change
within ten (10) business days thereafter,
in writing.
(b) Each operator and the operator's desig-
nated manager(s) must pass a written examina-
tion dealing with the requirements of this Article
every thirty-six (35) months to ensure a complete
understanding of the operator's and manager's
duties prior to the issuance of the operator's
permit. A score of seventy (70) percent or better is
required on each section of the written examina-
tion. An applicant who fails to pass the examina-
tion shall not be eligible to take another exami-
nation until sixty {60) days after the previous
examination. An applicant who fails to pass upon
a second attempt, shall not again be eligible until
six (6) months thereafter. The examination will be
administered in the English language. In the
event the applicant requires that the ordinance
Ordinance~~Ron be given in another language, the
Page 52 of 77
applicant must, on hislher own, make array ~~
menu with a court certified, and Orange Cot
Sheriff approved, interpreter to interpret the
amination. Proof of valid court certification mus
be provided to the Sheriff or his or her designee n
less than five (5) days prior to the administration
of the examination.
(Ord. Na. 01-013, § 1,10-23-01; Ord. No. 05-00~
§ 1, 5-24-05; Ord. No. 05.020, § 25,11-22.05}
Sec. 5.3.5. Operator's permit issuance any
denial; conditions of approval.
(a} Upon receipt of a completed written appl:
cation for a permit as defined in section 5-3-4, th
Sheriff shall conduct an investigation to ascertai;
whether such permit should be issued as r~
quested. The Sheriff shall approve, conditionall,
approve or deny the application within sixty (6C
days of receipt of a completed application. Th
sixty-day period may be continued for an addi
tional thirty (30) days if necessitated by th
occurrence of events beyond the control of th
Sheriff'. The Sheriff' shall issue such permit a
requested, unless the investigation of the a~pli
cation results in any of the following finding,
(1} The applicant, if an individual, or an~
the officers or directors of the corporation
if the applicant is a corporation; or ;
partner, if the applicant is a partnershiF
or any person proposed to be or employe
in the massage establishment, has, within
ten (10) years preceding the date of the
application either:
a. Been convicted of a violation of Cal
ifornia Penal Code sections 266h
2fi6i, 314, 315, 316, 318, subsection.
(a) or (b) of Penal Code section 647 0:
any other provision of law pursuan
to which a person is required t
register under the provisions of Pe
nal Code section 290, or when the
prosecution accepted a plea of guilt;
or polo contendere to a charge of ;
violation of California Penal Cod
section 415 or any lesser included o
lesser related ofi'ense, in satisfaction
of, or as a substitute for, any of th~
previously listed crimes; P
b. Been convicted of a violation of He
and Safety Code section 11554 0:
any offense involving the illegal sale
distribution or possession of a con
suPp. No. loo 1561
~ 5-3-5 ORANGE COUNTY CODE ~ 5-3-5
trolled substance specified in Health (b} Each operator and manager of any rnas-
andSafety Code section 11054,11055, sage establishment shall comply with the follow-
11056, 11057 or 11058; ing requirements:
c. Been convicted of any offense in any (1) Except to the extent required, in wriling,
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; passage the genitals, gluteal fold, or anal
area of any patron or the breasts of any
d. Been subjected to a permanent in- female patron, nor shall any o erato r or
P
junction against the conducting or manager of a massage establishmen~„ al-
maintaining of a nuisance pursuant low or permit such massage. No mass-a e
g
to sections 11225 throu h 11235 of
g operator or designated manager while per-
the California Penal Code, or any
similar provisions of law in a juris- forming any task or service associ~ ited
with the massage business, shall be re. gent
P
diction outside the State of Califon-
. in any room with another person unless
,
nia,
the person's genitals, gluteal fold, a~ ius,
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 pursuan t to
f. Been convicted of an act involving this Article shall use any name or cone luct
'
dishonest fraud decei
y
tor moral business and r n
e a y designation not s;~ec-
, ,
turpitude or an act of violence, which ified in his or her ermit.
P
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 s:.iall
operator; or have a manager on the premises at all
times the massage establishment is of•en.
g. Had a massage Operator or massage The operator of each massage establ~,sh-
technician permit or other similar ment shall file a statement with the SI ser-
f icense or permit denied, suspended iff designating the person orpersons v -ith
~r revoked for ~:ause by a licensing power to act as a manager. The o erF,tor
P
authority or by any city, county, or and/or on duty manager shall ost oa a
P '
state. daily basis, the name of each on duty
(2) The ~.pplicant has myide a false, mislead- manager and each on duty technician ~.n a
cons icuous ublic lace in the to ~
of
P P P bb
ing or fraudulent statement or omission of ~
the massage establishment. The operator
fact i; i the permit application process. ,
or the mane er in the o erator's absence
g P ,
(3} The a pplication does not contain all of the shall be responsible for ensuring compli-
inforraation required by section 5.3-4. ante with this Article.
(4) The massage establi,~hment as proposed (4} No massage establishment shall be omen
for business without havin at Least {one
g
by the ~ applicant does not tom 1 with all
P y • •
massage technician holduig a current v~ slid
applic-able laws, including, but not limited permit for the specific establishment on
to, health, zoning, fire and safety require- the remises, and on dut at all tin ies
P Y~
went, ~ end standards, when said establishment is o en.
1'
(5} The a ~plicant has not ;satisfied the require- (5) The operator and/or designated man~ag•
went, of this Article iii the time specified. er(s} shall ensure the massage establi ~h-
ment permit and the massage technic .an
(6} If the application is denied due to a false, permit for each on-duty massage tecl~rni-
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 (fi}months from the technician is wearing the photo identifi-
date the application was denied. cation card required by s~ ~~ (~ 40
age o 77
Supp. No, loo 15fi2
§ 5-3-5
(6)
(7)
(8)
(9
SPECIFIC ADDITIONAL LICENSE OR PERMIT REQUIREMENTS AND BUSINESS REGULATIONS ~ 5-3--'
of section 5-3-8 at all times when in the
massage establishment. Such identifica-
tion shall be provided to County regula-
tory officials upon demand.
An operator and/or on duty manager shall
be responsible for the conduct of all em~
ployees while they are on the premises.
All persons} 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.
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.
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.
The operator and/or on duty manager
shall maintain a register of all employees,
showing the name, nicknames and aliases
used by the employee, home address, age,
birth date, gender, height, weight, color of
hair and eyes, telephone numbers, social
security number, date of employment and
termination, if any, and duties of each
employee. The above information on each
employee shall be maintained in the reg-
13~Qfer on the premises for a period of two
Ordinance No.
Page 54 of 77
Supp. Na.100
1563
(2) years following termination. The of
ator and/or manager on duty shall m,
the register of employees available imp.
diately for inspection by the Sheriff upor
demand of a representative of the Sherif
at all reasonable times.
{ 10} Each operator shall provide the Sherif
with evidence of the insurance requires
by Section 5-3-11(bX12) prior to the date
of issuance of the permit.
{11} The operator shall comply with all provi
lions of this Article and any applicably
provisions of this Code.
(Ord. No. 01.013, § 1,10.23-01; Ord. No. 05-00~
§ 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 mss
sage, or advertise to provide massage services i~
the County of Orange, unless such person has u
effect a valid massage technician permit issue+
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-? and 5-3-8. The pos
session of a valid massage operator's permit c
not authorize the permit holder to perform w
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
ciao permit.
(a) Any person desiring a massage technician
permit shall file a written application on th~
required form with the Sheriff who shall they
conduct an investigation once the application i
complete. The application shall be accompanies
by the appropriate filing fee established by th~
Board of Supervisors. The application shall b~
deemed complete if it contains or is accompanies
by the following information:
(1} A statement of the exact location at whicl
the applicant will be working as a mss
sage technician, including the full stree
address and all telephone numbers asst
ciated with said location, and the follow
ing personal information concerning t.h
applicant:
a. Full complete name, and all ali~
used by the applicant, along witl
complete residence address and tele
phone;
~ ~-~-~ ORANGE COUNTY CODE ~ 5-3.7
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-
menthistory 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 tl~ere•
for,
(2) All criminal convictions, including pleas
of nolo contenders, 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.
(4) A complete set of fingerprints taken by
the Sheriff and the results of the finger-
print inquiry including information re-
quested from outside law enforcement
agencies.
(5) Such other information and identifics,tion
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
approval shall meet the State of California's
Ofl~ice of Post-secondary Education's min-
imum requirements and be for completion
of five hundred (500} hour o ffAn- re 'se
• ~rd~nar~ce~~. 340
tra,lning. Pa e 55 of 77
9
Supp. No. loo 1564
~ 5-3-7 SPECIFIC ADDITIONAL LICENSE OR PERMIT REQUIREMENTS AND BUSINESS REGULATIONS ~ 5-3
(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
Ordinance No. 1340
Page 56 of 77
Supp. No. 100 15fi4.1
~ 5.3-7 SPECIFIC ADDITIONAL LICENSE REQUIREMENTS AND BUSINESS REGULATIONS ~ 5-3-E
care professionals, such as doctors, chiro- Sheriff. The Sheriff shall iss~~e such permit a~
praetors, 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 applicant has within ten (10} years
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 following:
diploma from the massage school.
a. Violation of Penal Code sections 266h,
(3} The Sheriff shall establish standards and 26fii, 314, 315, 316, 318, subsections
procedures governing the administration (a} or (b) of Penal ~~ode section 647 or
and grading of all examinations and shall that the applicant is required to reg•
exercise such supervision as may be net- inter under the f-rovisions of Pena)
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 tc ~ a charge of a vio-
the English language. In the event that lation of California Penal Code see-
the applicant requires that the examina- tion 415 or any lesser included or
tion be given in another language, the lesser related offF nse in satisfaction
applicant must, on his or her own, make of, or as a substil ute for, any of the
arrangements with a court certified and previously listed +;rimes.
Orange County Sheriff approved inter- b. Violation of Healt b and Safety Code
pretel~ to interpret the examination. Proof section 11550 or ~~ny 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 co~ltrolled substance
no less than five (5} days prior to the specified in Healt~n and Safety Code
adminustration of the examination. sections 11054, lJ 055,11056,11057
. or 11058, or
(5) An applicant who fails to pass the exam-
ination shall not be eligible to take an- c. Any offense in an3 ~ other state which
other examination until sixty (fi0) days is the equivalent c f any of the above-
af~er 1;he previous examination. An appli- mentioned offense s.
cant ~~vho 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 (fi;~ months thereafter. An additional scribed in the preceding subsection (1)
processing fee shall be required to be filed above, within ten (10} ;-ears immediately
with the Sheriff prior to each re•examina- prior to the filing of an y application.
tion in. accordance with the fee resolution. 3 The a lican
(Ord. No. O1-(113, § 1, 10-23.01; Ord. No. 05-009, (~ PP t has been convicted of an act
§ 4, 5-24-05) involvuYg dishonesty, fraud, deceit or moral
turpitude or an act of violence, which act
or acts are substantially related to the
Sec. 5-3-8. NYassage technician permit issu- qualifications, functions or duties of a
anee and denial; conditions of massage technician.
at~proval. 4 The a licant '
() pp has had a .passage operator s
(a} Upon receipt of a completed written a li- permit or massage technician's permit or
pp other similax license ~,r ermit denied
cation for a permit as defined in section 5-3•?, the p .
Sheriff shall cc-nduct an investigation to ascertain suspended or revoked for cause by a li-
whether such permit should be issued as re• tensing authority or by any city, county or
quested. The ~~herifl' shall approve, conditionall state within ten (10) ~ ears prior to the
y date of the ap lication.
approve or der-y the application within sixty (fi0) p
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
tionai thirty (30) days if necessitated by the fact to the County in the ermit applica-
occurrence of events be on rdinance No.1~40
y d the control of the tion process.
Page 57 of 77
Supp. No. 99 15fi5
$ 5-3-8 ORANGE COUNTY CODE $ b-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.
{g} If the application is denied due to a false,
misleading or fraudulent statement in the
application, the applicant may not re~p-
ply for a period 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 oremployee, 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 techniaan 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
on~'ormin to equirements of section
r i ~1 1 ~~
-~-~ ~
age o~
(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(bX 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;
(Z) The applicant meets all the applicable
education/training 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. 99 1566
~ 5-3-9 SPECIFIC ADDITIONAL LICENSE REQUII~EMENTS 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-
' (a} Facilities.
mgt.
(b) Unless revoked earlier pursuant to subset- (1)
tion (c) below, the tempor~y permit shall be valid
for forty-five {45) days or until such time ag the
Sheriff renders a decision on the applica~on fox
the operator's or massage techniaan permit, which-
ever is soonex.
(c) The temporary permit may be revoked at
any time without notice if the Sheriff makes any
of the followil~g findings:
(1} The fingerprint identification and crimi-
nal history report submitted by the De-
partn-ent of Justice contains information
upon which the Sheriff can make any of
the fi:dings set forth in sections 5-3.5(a)
or 5-3 •S(a) which would constitute grounds
for denial of the permit; or
(2) The ~cpplicant has violated any of the
provisions of this Article.
(d) Upon a determination by the Sheriff that
grounds exist for revocation of the temporary
permit, the Sheriff shall serve the applicant, by
certified mail, return receipt requested, ad-
dressed to thc; business and residence address of
the applicant, with a notice of revocation. The
notice shall state the reasons for the revocation
and the effective date of the revocation, which
date shall be the date of receipt by the applicant
of the notice c,f revocation.
(e) Upon revocation of the temporary permit,
the applicant shall immediately cease and desist
engaging in ar;tivities previously permitted under
the temporary- permit.
{Ord. No. O1•tl13, § 1, 10-23-01)
Sec. 5.3-10. Offpremises massages.
(a) No massage performed or administered for
money or other consideration at a location other
than a massage establishment holding a permit
issued in accordance with this Article (hereinafter
an "off=premises massage") shall be administered
in the County of Orange except in strict compli-
ance with the requirements of this section.
(b) No person shall perform or administer an
of'f=premises massage as def ned herein within
the County of Orange without obtaining and
possessing a massage technician permit under
sections 5-3-7 and 5.3-8 of this Article.
(Ord. No. 01.013, § 1, 10-23-OI; Ord. No. 05-009,
§ fi, 5-24-05)
Signs. All exterior signs identifying the
premises as a massage f;stablishment shall
comply with the sign rc,~quirements of the
County of Orange. Earh operator and/or
on duty manager s'~all display the
operator's permit in a ~;onspicuous public
place in the lobby of the massage estab-
lishment. The hours of operation must be
posted in the front vv~ndow and clearly
visible from the outs: de. The operator
and/or on duty manage ~r must also post,
on a daily basis in a conspicuous public
place in the lobby, the dame of the opera-
tor and/or on duty manager as well as all
on duty massage technicians.
(2) Services list. Each oper:~tor shall post and
maintain a list of sere ~.ces available and
the cost of such service 3 in a conspicuous
public place within the premises. No op-
erator or responsible m:~naging employee,
shall permit, and no n assage technician
shall offer or perform, any service other
than those posted.
(3) Lighting. Each operator shall provide in
each room where massage is given suffi-
cient lighting and ventilation that com-
plies with the Unifor~ n Building Code.
The lighting in each massage room shall
be at least one (1) sixty {60) watt white
light bulb and shall b ~ activated at all
times while the patron is in such room or
enclosure. No strobe fl~ ~shing lights shall
be used. No colored lights shall be used
nor shall any coverinl's be used which
change the color of the primary light
source.
{4) Bath facilities. A min imum of one (1}
toilet and one (1) sep~~rate wash basin
shall be provided for pay ions in each mas-
sageestablishment, whi chbasin shall pro-
vide soap and hot run1ing water at all
times and shall be located within close
proximity to the area d voted to the per-
forming of massage sf rvices. A perma-
nentlyinstalled soap dispenser, filled with
soap, and a single service towel dispenser
shall be provided at the restroom handwash
sink. No b~rci~a~. b~4~ed. A trash
Page 59 of 77
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 re -
g
bathtubs shall be allowed. ulations are met. Routine inspec-
(5) Separate rooms, if male and female pa- bons shall not occur more than twice
trons are to be treated sunultaneously at a year, unless violations are found or
the same massage establishment, sepa- 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
{fi} 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 Sheriffma
y
carpeting shall be installed in an of these
y 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 houxs;
on this massage table or chair. The tables
should have a minimum hei ht of ei h-
g g
c. A person who operates a massage
teen (18) inches. Two (2} inch thick foam establishment or his or her a ent,
g
pads with a minimum width of two (2) feet servant or employee commits a vio-
and amaximum width of four {4} feet ma
y lation of this Article if he or she
be used on a massage table and must be refuses to permit a lawful inspection
covered with durable washable lactic or
P
' ,
of the premises by a representative
.
otherwaterproof materlal.Beds
floor mat- of the Sheriff at anytime it is occu-
,
tresses and waterbeds are not ermitted
P pled or open for business.
on the premises. (3} Linen. Common use of towels or linen
(b} Q erations.
p shall not be permitted. Zbwels and linen
shall be laundered or changed promptl
Y
(1) Equipment. Each operator and/or 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 e
f) ag s 1 drugs. No person shall
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
Ordin~rr~~pgse of determining that controlled substance. The owner, o erator
P
Page 60 of 77
Supp. No. 99 15fi8
~ 5-3-I1 SPECIFIC ADDITIONAL LICENSE REQUIREMENTS AND BUSINESS REGULATIONS ~ 5.3-a1
and manager shall be responsible to en-
sure that no such person shall enter or
remain upon the massage establishment.
Service of alcoholic beverages shall not be
permitted.
(fi) Recordings. No electrical, mechanical or
artificial device shall be used by the oper-
ator or any employee of the massage es-
tabli~hment for audio and/or video record-
ing oi~ for monitoring the performance of a
massage, or the conversation or other
sounds in the massage rooms without the
knowledge and consent of the patron,
(7} Roster The owner, operator or on•duty
manager of the massage establishment
shall keep a complete and current list of
the nannies and residence addresses of all
mass~~ge technicians and employees of the
mass~ige establishment and the name and
residence addresses of the manager or
mana;~ing employee purported to be prin-
cipally in charge of the operation of the
massage establishment. This roster shall
be kept on the massage establishment
premises and be available for inspection
by officials charged with enforcement of
this Article.
(8) Coverings. Each massage sstab)ishment
shall provide to all patrons clean, sani-
tary and opaque coverings capable of cov-
ering the patrons' genitals, gluteal fold,
anus ~~nd female breast(s). No common
use of such coverings sh~l be permitted
and re-use is prohibited unless laundered
or otherwise sanitized between each use.
(9) Recora's. Every person operating a mas-
sage e,~tablishment shall keep a record of
the da~;es and hours of each treatment or
service, the name and address of the pa-
tron, t:he location of the premises where
the treatment or services is provided for
any off premises massage, the name of
technician administering such service, a
descrif tion of the treatment or service
rendered and the amount charged for the
treatment or services rendered. A short
medical history form shall be completed
by the uperator to determine if the patron
has any communicable diseases, areas of
pain, high blood pressure or any physical
condition which may be adversely af-
fected by massage. These records shall be
prepared prior to a ' 'stering any mas•
sage or treatment anrd shall be retained
for a period of twentr~-four (24) month
after such treatment or service. These
records shall be open .to inspection upon
demand only by officials charged with
enforcement of this Article and for nc
other purpose. The Sheriff shall periodi•
tally inspect the record s to ensure compli•
ante with this Section. Such records shall
be kept on the premises of the massagE
establishment for a per.,od of two (2) years
The information furnis~ied or secured as e
result of any such reco; ids should be used
only to ensure and enforce compliancE
with this Article or an y other applicablE
State or Federal laws and shall remain
confidential. Any unau~ ~horized disclosurE
or use of such informs aon by any officer
or employee of the Coin qty of Orange shall
constitute a misdemea ior.
(10) Hours o f operation. The owner must ad-
visethe County, in writing, at the time of
the application for a p~ ~rmit, of the busi-
nesshours and, thereaf ;er, of any changes
in such hours. No pens ~n shall operate a
massage establishmen~~; or administer a
massage in any massage; establishment or
administer an off-premises massage be-
tween the hours of I0~ 00 p.m. and 8:00
a.m. A massage begun. any time before
I0:00 p.m. must nevertheless terminate
at 10:00 p.m. AU custoj aers, patrons and
visitors shall be excluded from the mas-
sage establishment during these hours
and be advised of these hours. The hours
of operation must be d~ splayed in a con-
spicuous public place it ,the lobby within
the massage establish-Went and in the
front window clearly vi~~ible from the out-
side.
(11} Advertising. No massage establishment
granted a permit under this Article shall
place, publish or distribute or cause to be
placed, published or distributed any ad-
vertisingmatter that d~ ~picts any portion
of the human body that would reasonably
suggest to prospective customers or cli-
ents that any service is available other
than those services described in this Arti-
cle, nor shall any massage establishment
employ Ian age in the text of such ad-
vertising t ~~~~'d~a~ ably suggest
Page 61 0 7
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, (1fi} Discrimination. No massage establish-
conduct or carry on the business of a ment may discriminate or exclude pa-
massageestablishment 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 tunes, documents issued by an in-
(17) Notices. The Shei'ifi' may require that the
surance com an authorized to d i•
p y o bus followin nonce be osted in the event
g P
ness in the State of California evidencing that any employee of the massage estab-
. that the ermittee is insured under
P a
liab' 'ty insurance policy providing mini- lishment or any person who has been
mum coverage of $100,000.00 for injury or aided and abetted b an e
y mployee of the
death to one erson arisin out of the
P g massa a sta li
g e b shment has been found,
' '
operation of any massage establishment after full hearing by a
strative pro-
'
and the administration of a massa e.
g ceedin or court convi i
g , ct on, to have via
laced any of the provisions listed in sec-
(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 handi• NOTICE TO ALL PATRONS
capped customers. THIS MASSAGE ESTABLIS~NTAND
(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 h ,
b, T e notices shall be conspicuously
is fitted with a door ca able of bein
P g posted in a location within the mas-
locked, unless the only door is an exterior sa a establishment th '
g at are easily
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•
business including, but not limited tohall- tice described in this section is cu•
ways, massage rooms, reception/business mutative 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 regu-
Nothingcontained inthis paragraph shall 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, 10-23-01)
,
present iri hallways, reception/business
offices or other areas relating to his or her Sec. 5.3.12. Chan es of business.
g
em to ent duties nor rohibit an au-
P Ym ~ P Y
thorized repair, maintenance or service (a) Every massage establishment operator shall
ersOnnel from being present in areas report immediately to the Sheriff any and all
t~ ~n~h services, except that changes of ownership or management of the mas-
Page of 77
Supp. No. 99 1570
§ 5-3.12 SPECIFIC ADDITIONAL LICENSE REQUIREMENTS AND BUSINESS REGULATIONS § 5-3-13
sage establishment, including, but not limited to,
changes of manager or other person principally in
charge, stockholders holding more than five (5)
percent of thc: stock of the corporation, officers
and directors of the corporation, partners of the
partnership, including limited partners and all
changes of Warne, style or designation under which
the business is to be conducted, and all changes of
address or telephone numbers of the massage
business. A c~~ange 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 C~~unty of Orange.
(b) No manage operator's permit maybe sold,
transferred o~ assigned by a permittee, or by
operation of l~iw, to any other person or persons.
Any such sale, transfer or assignment, or at-
tempted sale, transfer or assignment, shall be
deemed to co :astitute 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 othel.~wise, the interest of the deceased
partner or partners without effecting a surrender
or termination of such permit, and in such case,
the permit, of on notification to the Sheriff, shall
be placed in the name of the surviving partners. A
massage oper~~tor's permit issued to a corporation
shall be deemed terminated and void when five
(5} percent or : Wore of the stock of the corporation
is sold, transfErred or assigned after the issuance
of a permit. Nc~ massage technician permit maybe
sold, transferred or assigned by a permittee, or
any operation of law, to any other person or
persons.
(c) No pernc~it issued hereunder shall be trans-
ferable to an;~ other person or establishment,
,provided, howc ver, an additional location or change
of location of a massage technician permit will be
allowed upon prior written notice to the Sheriff
and payment cif the appropriate transfer fee.
(d) Except ~~s provided in subsections (e) and
{f) below, permits for massage operators and tech-
nicians shall ~ e renewed on a year to year basis
provided that the permittee continues to meet the
requirements ~~f 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-
plications must be filed no latfr than sixty (60)
days prior to the expiration of the permit to
prevent a lapse of the permit.
(f} Renewal applications sha~l include such in-
formation as may be required by the Sheriff to
update the information contained in the original
permit application. with respect tomassage tech-
nician permits, renewal applications must be ac-
companied with proof that tl,ae applicant has
completed twelve (12}hours of ~;obtinning educa-
tion from a recognized school c ~f massage as de•
fined in this Article. The appli~~;ant shall accom-
pany the application for renewal with the
appropriate filing fee approvec by resolution of
the Board of Supervisors.
(Ord. No. 01-013, § 1,10-23-01; Ord. No. 05.009,
§ 7, 5-24-05)
Sec. b-3.13. Exemption; existing permitteee.
(a) The requirements of this .Article shall have
no application and no effect upo: i, and shall not be
construed as applying to, any p arsons designated
as follows:
(1) State licensed physicia is, surgeons, chi-
ropractors (where the chiropractor is
present on the premiss ~s during normal
business hours and h~ seen and pre-
pared or approved a treatment plan for
each person receiving n passage), physical
therapists, osteopaths, ~r any registered
nurse working on the premises of, and
under the direct super vision of, a State
licensed physician, sur€ eon, chiropractor
or osteopath. Practical nurses, licensed
vocational nurses, or ot~aer persons with-
out qualifications as massage technicians
and without first obtaining a massage
technician permit purs~ pant to this Arti-
cle, whether employed ~ y physicians, sur-
geons, chiropractors or ~ osteopaths or not,
may not give massage ter massage proce-
dures.
(2} Barbers and beauticia ~s who are duly
licensed under the laws of the State of
California while engagi~ ~g in the practices
within the scope of they r licenses, except
that this exception shall apply solely to
the massaging of the peck, face, scalp,
hands, feet and hair oi' the customer or
client.
(3} Persons administering a chair massage as
defined in ~i~~@l@~,op~c~~ed that the
Page 63 of 77
Supp. No. 99 1571
§ 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 a ' 'stered
stating hislher/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-
sons} 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 effeective
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-
~cdtcel ~ twelve (12) months
Page 64 of 77
following the effective date of this ordi-
nance to comply with the requirements of
section 5-3-?(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. b•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-
fusel 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 Sheriff's Notice.
The declaration shall set forth each fact on the
basis of which it is claimed that the Sherifl"s
action was improper. A copy of the Sheriffs Notice
shall be attached to the notice of appeal, The
Supp. No. 99 1572
~ 3-3-14 SPECIFIC ADDITIONAL LICENSE OR PERMIT REQUIREMENTS AND BUSINESS REGULATIONS ~ 6.3-~
appeal shall, be heard by a Hearing Officer, who
shall preside over the hearing, take evidence
regarding tits appeal and determine whether, on
the basis of a preponderance of the evidence, the
action appealed from shall be upheld. The burden
of proof shell 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 (+f a permit. The decision of the Hear-
ing Ofl`icer shall be final.
(d) Vested rights. No permit panted herein
shall confer any vested right to any person or
business for more than the permit period. All
massage op+~rators, managers and technicians
subject to this Article shall comply with the pro-
visions of this Article as they may be amended
hereafter.
(Ord. No. O1 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 fora $®curity system license
must have i~ private patrol operator's license
issued by the State of California. Every applicant
for a securit3~ officer license must be a citizen of
the United S~~ates.
(Code 1961, ~~ 53.021)
Sec. 5-3.16. Regulations: Security officer to
wear badge and carry license.
While eng~.ged i.n his duties as such, a security
officer shall keep upon his person at all times his
license and s:;~all wear a badge approved by the
Sheriff', andhall 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-
fi cers.
The operator of a security system shall neither
employ nor utilize the services in any way of a
security officer whose name is not registered wit
the Sheriff, and who does not possess a valic
subsisting security officer's license.
(Code 19fi1, § 53.023}
Sec. 5.3.18. Security system vehicle and en
blew to be distinctive.
Licensees shall not use arty vehicle which i
painted in such a manner or in such colors as t
cause it to be in irritation of or can be mistake
for an official patrol or traffic `~ehicle of the Sheri
or of any police department of any city within th
County of Orange, nor sha] ! any such vehicl
display any emblem or decal v hick is an imitatio
of, or can be mistaken for, any official vehicl
emblem or decal of the Shei iff or of any polic
agency of any city within the County of Orange
(Code 1961, § 53.024)
Sec. 5.3.19. Regulations: Weapons and equiF
went specified by Sheriff.
The Sheriff' shall specify th ~ police equipment
including weapons, which a li ;erase may wear o
carry while on duty. A licenseE shall not wear an;
equipment or weapon or carry any weapon not s~
specified.
(Code 19fi1, § 53.025)
Sec. 5.3.20. Regulations: t niform to be dis
tinctive.
A licensee shall not wear ar y badge or uniforn
which ie in imitation of, or can be mistaken for, a~
official Sheriff's or Marshal's 1-adge or uniform o
an ofl~icial police uniform of th ~ police force of an;
city within the County of Or Inge, or an officia
uniform of any State officer.
(Code 1961, § 53.026)
Secs. 5-3.21--8.3.25. Reser~ red.
Sec. 5.3.26. Regulations: A ark and title
licensee to be ilistinetive.
A licensee shall not assum ~ or use a rank o:
title the same as or sunilar to any rank or titI~
used by the Sheriff or by any police departmen~
within the County of Orange.
(Code 19fi1, § 53.~~~ance No. 1340
Page 65 of 77
Supp. No. ~o0 1573
~ 5-3-27 ORANGE COUNTY CODE ~ 5.g-81
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 sunilar 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.
employee of such licensee and shall return the
license of such security officer, or the revoked
license of a security ofi`icer, to the Sheriff.
(Code 1961, § 53.0212)
Secs. 5.3.32--~fi-3-41. Reserved.
ARTICLE 3. RESERYED~
Secs. 5-3.42--5.3.53. Reserved.
ARTICLE 4. RESERVEDt
Alicensee 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
securi r~I~~~i~fbr~g~is an owner, member or
age 66 of 77
Secs. 5.3.54-5.3.59. Reserved.
ARTICLE 5. RESERVED$
Secs. 5.3.70-5-3.84. Reserved.
ARTICLE 6. N[~~NURE, 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'a note-Ord. Na. 05-020, i~ 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 tazicab
stands, and derived from the Code of 1961, i~ 53.031 and
53.032.
tEditor'soote--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 Cade 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.
supp. No.1oo 1574
~ 5-3-82 SPECIFIC ADDITIONAL LICENSE OR PERMIT REQUIREMENTS AND BUSINESS REGULATIONS § 5.3-13i
Sec. b•3-82. Regulations: Standing time limit ARTICLE 8. RESF~RVED#
on railroads and highways.
Secs. b-3.10b-b-3.11x. 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 yr along any
railroad or upon or along any public street or
highway or a:iy public place for any longer period
than is reasonably necessary for the unloading
and distribution of the same, such liras in any
event not to Exceed forty-eight (48) hours.
ARTICLE 9, PUBLIC' DANCES
Sec. 5.3-115. Reserved.
Editor's note--Ord. No. 98-16, ~ i, adopted December 8
1998, amended the Code by repealing ,f 5-3-116 in its entirety
Former ~ 5-3.116 pertained to hours. and derived from th+
Code of 1961, ~ 53.091.
Sec. 5.3-117. Regulations: Disorderly con
duct.
(b) It shall be unlawful for any person, firm or
corporation tc~ allow to stand for a period longer
than is reasonably necessary, and in any event
not longer than forty-eight (48) hours, any ma-
W~re or stable, barnyard, cow yard or poultry yard
refuse or othe-r 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 ~~r any other public place in the
County of Or;~nge.
(Code 1961, § 53.062}
Sec. 5.3.83. Regulations: Transportation.
It shall be unlawful for any person, firm or
corporation t~~ haul, transport and convey or to
cause or permit to be hauled, transported or
conveyed any manure or stable, barnyard, cow
yard or poul'~ry yard refuse, garbage or other
nauseous substances upon, or along, any public
highway in the County of Orange, except in a
vehicle so co~lstructed, maintained and covered
that such mar sure 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. b-3-84--5-3.93. Reserved.
AR'~ICLE 7. RESERVED*
Secs, 5-3-94- -5-3-104. Reserved.
''Editor's note-Ord. No. 98.16, $1, adopted December 8,
1998, amended the Code by repealing Art. ?, ~ 5-3-94, in its
entirety. FormerArt. 7 pertained to fortune•telliag and related
arts, and denved from the Code of 1961, ~ 53.071.
It shall be unlawful for any person in charge o:
or assisting in the conducting ~ -f any public dancE
to permit any intoxicated, hoist Brous or disorderly
person to enter, be or remain u; or to assist in and
public dance, and it shall be unlawful for an3
person in an intoxicated con iition to enter o~
remain in any public dance or for any reason tc
conduct himself in a boiste2 ous or disorderly
manner in such public dance.
(Code 19fi1, § 53.092)
Secs. 5-3-118--5-3.127. ResE rued.
ARTICLE 10. PEDDLERS, BUSINESS
SOLICITORS AND CA iWASSERS
Sec. 5.3.128. Regulations: M isrepresentation
It shall be unlawful for any peddler, food ped~
dler, business solicitor or can gasser to make o~
perpetrate any misstatements, leceptions or frauc
in connection with any sale or solicitation fog
orders or subscriptions.
(Code 19fi1, § 53.101}
Secs. 5.3-129-5.3-138. Res ;rued.
ARTICLE 11. SOLICITATI ON AND SALES
ON AND NEAR HII ~HWAyS
Sec. 5.3.139. Regulations: soliciting trans
portation, lod;ing and food or
highways.
It shall be unlawful for a~ ~y person, firm o~
corporation to solicit patronage ~ for or on behalf o
#Editor's note-Ord. No. 98-16, ~ 1, adopted December 8
1998, amended the Cade by repealing Art. 8, ~~ 5.3.105-5.3
108, in it$ entirety. Former Art. 8 pertained to secondhanc
dealers, pawnbrokers and coin•currency de oers, and derives
from Ord. No. 3203, a~~~~ ~ 1~8~
Page 67 of 77
Supp. No. 100 1575
~ 5-3-139 ORANGE COUNTY CODE
~ 5-3-1s8
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.
Number o Persons
in AttPnrl~nro
Number
T bilets
Required Male Female
I ~ 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 additiona1300 females.
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 theright-of way of any public
highway or road within the County of Orange, or
within or upon the intersections of rights-ofway
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-$•3-154. 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
accordi~~Iboo~4~ table:
Page 68 of 77
(Code 1961, § 53.123)
Sec. 5-3.154. Regulations: Animal safekeep-
ing,
A11 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
Ofl~icer.
(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.
Supp, No, loo 1576
~ 5-3-169 SPECIFIC ADDITIONAL LICENSE OR PERMIT REQUIREMENTS AND BUSINESS REGULATIONS § 5-3-27
ARTICLE 13. RESERVED*
Secs. 5-3-109--5.3-184. Reserved.
ARTICL~~ 14. COMMERCIAL NCANURE
DEALERS
Sec. 5-3-185. Registration,
and is authorized to issue licenses therefor par
suant to article 4 of title ~~ of part 4 of th
California Penal Code (comm~:ncing with section
12070) as said article exists car may be amende+
from time to time for the sale at retail of pistol,
revolvers and other firearm; capable of bein,
concealed upon the person.
(Ord. No. 2824, § 2, 3-18.75)
It shall b{~ unlawful for any commercial ma•
nure dealer to gather, collect, haul, stockpile,
spread or sell any manure or manure-like sub-
stance withii i Orange County without first regis-
tering with i he County Health Officer on forms
prescribed b~~ him. Such registration shall expire
at the end rf 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 subsequE ant renewal.
(Code 1961, ~- 53.141}
Sec. 5.3-186, Failure to register a misde-
meanor.
Failure to register as a commercial manure
dealer as pro~~ided in this article shall constitute a
misdemeanor punishable, upon conviction thereof,
by a fine n~~t exceeding five hundred dollars
($500.00) or one hundred (100} days imprison-
ment in the County Jail, or by both such fine and
imprisonment.
(Code 1961, ~ 53.142)
Secs. 5.3.18'1---5-3-196. Reserved,
AR'CICLE 15. RESERVEDt
Secs. 5-3-19' x--5.3-239. Reserved.
ARTI(;LE 16. RETAIL SALE OF
CONCEALABLE FIREARMS
Sec. 5.3.240. Licensing of retail sellers of
concealable weapons.
The Sheriff of Orange County is hereby desig-
nated as the ~ icensing authority for said County
_____
*Editor'a not ~•Ord. No. 98-16, ~ 1, adopted December 8,
1998, amended t} a Code by repealing Art.13, ~~ 5-3.159--5-
3-174, in it$ entire -ty. Former Art.13 pertained to mobile X-ray
units, and derived from the Cade of 1961, ~~ 53,191--53.136.
tEditor'g note--Article 15, regulating outdoor gather-
ings, §~ 5-3.197-5-3-227, derived from Code 1961, $~ 53.151-
53.1516, was repea]ed by ~ 4 of Ord. No. 3678, adopted Dec.15,
1987. See §~ 7.9-136.9, 7-9.136.11.
Secs. 5-3-241--5-3.259. Res ~rved.
ARTICLE 17. ANIMAI FACILITIES
Sec. 5-3.2fi0. Regulations.
The Board of Supervisors nay, by resolution
adopt regulations governing tl~e construction an
maintenance of animal facilities licensed or peg
muted under this title, including animal exhib;
tions, animal rental establishments, kennelf
grooming parlors and pet sho ~s. Failure to con
ply with such regulations .shy ll constitute cans
for denial or revocation of such license or permit
(Ord. No. 2836, § 14, 5-6-75; +~rd. No. 2908, § l
5-4-76; Ord. No. 05-020, § 31,11.22.05)
Sec. 5.3.261. Kennel.
No additional pet shop o • grooming parlo
license shall be required for a~:tivities covered b;
the kennel license.
(Ord. No. 2836, § 14, 5-6-75)
Sec. 5-3.262. Pet shop.
No additional grooming parlor license shall b{
required for activiti~;s coverE ~d by a pet shod
license.
(Ord. No. 2836, § 14, 5-6-75}
Sec. 5-3.263. Veterinary ha spitals and clip
its.
Veterinary hospitals and vets ;rinary c ' 'cs sha]
be exempt from the I~rovision ; of this title witl
regard to those activities cons acted pursuant t.
any license or permit issuec by the State o
California.
(Ord. No. 2836, § 14, 5-fi-75)
Secs. 5.3.264-5~'d c~,~2r~l~gdl
Page 69 of 77
Sapp. No. 104 1577
~ 5-3-2fi1 ORANGE COUNTY CODE
~ 5.3-302
ARTICLE 18. BINGO GAMES
Sec. 5.8-292. Disrobing prohibited.
Sec. 5-3-271. $ingo 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 tlae
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 is exempt from the payment of bank and
corporation tax by sections 23701(a}, 23701(b},
23701(d), 23701(e}, 23701(f}, 23701(8) 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-??; 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 not~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.
tEditor's note--0rd. No. 05-020, § 33, adopted November
22, 2005, amended the title of Art.19 by removing the words
..and ~~'~~b~ists."
Page 70 of 77
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 ba 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-?7; Ord. No. 05-020, § 35,
1I-22-05)
Sec. b•3-293. Minimum lighting.
Minimum lighting shall be provided in accor-
dance with 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, § 3?,
11-22-05)
Se~~, b-3.295--5.3.300. Reserved.
ARTICLE 20. A~.ARM SYSTEMS
Sec. 5.3.301. Reserved.
Editor's note--Ord. No. 98-16, ~ 1, adopted December 8,
1998, amended the Cade 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 April 3,
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}
Supp. No. lao 1578
§ 5-3-303 SPECIFIC ADDITIONAL LICENSE OR PERMIT REQUIREMENTS AND BUSINESS REGULATIONS § 5-3-31~
Sec. 5.3.303. Direct alarms.
Direct alarm systems shall not be connected to
the Sherifl'•C~ goner except with the permission of
the Sheriff-Coroner.
{Ord. No. 3123, § 5, 4-3.79; Ord. No. 98-15, § 59,
12-8-98)
Sec. 5.3.306. Reserved.
Editor's note-Ord. No, 98-1fi, ~ 1, adopted December ~
1998, amended the Code by repealing ~ 5-3.305 in its entiret;
Former § 5-3-306 pertained to delay d,;vice requirements, any
derived from Ord. No. 3123, Apri13, :.979.
Sec. 5.3.304- Responsibilities of alarm sys-
tem subscribers or users.
{a) When ~~n alarm system has been activated
for an alarm ,.ubscriber, the alarm business which
provides the , subscription service shall arrange at
all times to h:eve 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 sys~;em which is not part of a subscrip-
tion service shall designate a person to be avail-
able to respo~ld to the protected premises within
one (1) hour after being requested to do so by a
representative of the Sherifl'•Coroner.
(b) The supscriber or user of any alarm system
shall mainta:.n the alarm equipment in proper
working orde ~ at all times.
(c) For evf.ry alarm system, the subscriber or
user or the alarm business which provides sub-
scription ser rice shall furnish to the Sheriff-
Coroner then 3mes, addresses and telephone num-
bers of as ma, ~y 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 cc mmunicate to the Sheriff=Coroner
immediately n writing any changes occurring in
any of the names, addresses or telephone num-
bers provided to the Sheriff-Coroner.
(Ord, No. 312 3, § 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 fifte ~n { 15) minutes when the alarm
system is pro tecting a residential premises, and
thirty (30) minutes when an alarm is protecting
any other pry wises. This limitation shall be in-
corporated in~o 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)
Sec. 5-3.307. False alarms, prevention any
payment of cc ~sts.
In addition to any fines c r penalties esta~
lished by law, the Sheriff•Coroner shall collet
costs from any subscriber or user of an alarn
system which is not maintained in accordant
with the requirements of this article and whici
by reason thereof, signals a frlse alarm. As use
in this article, "costs" mean, the costs of th
Sheriff-Coroner in re~spondinl~ to a false alarn
which costs shall be +letermin ed by the Board c
Supervisors by resolution.
(Ord. No. 3123, § 5, 4~-3-79; O~~d. No. 98-15, § 5~
12.8.98)
Sec. 5.3.308. Intenhional fa a alarms; pens)
ties; costs.
No person shall intentionally initiate a false
alarm except for purposes of testing an alarn
system and then only after having given the
Sheriff•Coroner prior notice t~ iereof. Any persoi
who violates this section sh ~ll be guilty of
misdemeanor and als ~ shall bE required to pay t{
the County of Orange the c ~sts prescribed b;
section 5-3-307. The Sheriff-Ca roner is authorize
to collect such costs on behal f of the County o
Orange.
(Ord. No. 3123, § 5, 4-3-79; 01'd, No. 98-15, § 5~
12-8-98)
Secs. 5.3.309--5.3.314, Res :rued.
Ordinance No. 1340
Page 71 of 77
Supp. No. loo 1579
~ 5-3-316 ORANGE COUNTY CODE
~ 5.3-322
ARTICLE 21. AEROSOL PAINT
CONTAINERS, LARGE R PENS,
PAINT STICKS AND ETCHING TOO~,S*
Sec. 5.3-315. Declaration of policy and pur•
pose.
In enacting this article, the Board of Supervi•
sons of Orange County makes the following find-
.
ings:
(1) Provisions of State law provide punish-
ment for vandalism in the form of mali-
ciousdefacing 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}
Large marker pen means any indelible marker
or similar implement with a tip which, at its
broadest width, is greater than one-eighth inch,
containing anything other than a solution which
can be removed with water after it dries.
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
prefigure, 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.
Cros~'~e-p~mlo~~f graffiti, ~ 3-1fi-1 et seq.
Page 72 of 77
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.
Supp. No, loo 15so
§ 5-3-322 SPECIFIC ADDITIONAL LICENSE OR PERMIT REQUIREMENTS AND BUSINESS REGUI.ATiONS ~ 5-3-32t
(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 t,~ any person under eighteen (18)
years of age, except at the special instance and
request of the parent, guardian or o#~er person in
lawful custod;~ of the person on whose behalf the
escort or intri -ductory 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 applic ant for an escort license, or renewal
thereof, shall .furnish a certificate from a medical
doctor license i to practice in the State of Califor-
nia, stating that the applicant has within thirty
(30) days imn~ediately~ preceding the date of the
application been examined and found to be free of
any contagious or communicable disease.
(Ord. No. 336-, § 7,1-11-83; Ord. No. 05-020, § 39,
11-22-05)
Sec. 5.3.324. Names of escorts.
Every esco~'t bureau shall furnish the Sheriff
with the namE:s of and information concerning all
escorts emplo;~ed or utilized by the bureau when
application is made for a license. The licensee
shall thereaft- ~r submit notice of any subsequent
employment ~ ~r utilization of other escorts or
termination o'' any escorts.
(Ord. No. 336;x, § 7, 1-11-83)
Sec. 5-3.325. Regulations; registration of cus-
tomers; records and premises
open to inspection.
Every persc n who maintains, conducts or oper-
ates as an escort, escort bureau or introductory
service shall a ~ all times keep a registration book
in connection ;herewith in which each and every
customer's fir~~t, 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)
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 anatonyical sexual areas.'
It shall also be unlawful for any person whilE
acting as an escort to act in a manner intended tc
arouse, appeal to or to gratify the lust or passionf
or sexual desires of the custoner or client of the
escort.
(Ord. No. 3363, § 7,111-83}
Sec. 5.3-327. Regulation; possession of
cease.
Every escort, while engaged as such, is re~
quired to carry his oz' her licF nse on his or hey
person or within his or her imr. iediate possession.
and shall produce it for inspi :coon by any lave
enforcement agency ~.~pon regr lest. Every escor~
bureau and introductory service is required tc
maintain its license on the p. ~emises and shah
produce it for inspection by an;~~ law enforcemen~
agency upon request.
(Ord. No. 3363, § 7,1-11-83; Ors 1. No. 05.020, § 40
11-22-05)
Sec. 5-3-328. Prohibited coi tduct.
Any person violating any provision of this
article or failing to obtain the l :tense required b~
section 5-1-29(x) of title 5 of t he Codified Ordi•
nances of the County of Orange; shall be guilty of
a misdemeanor and be punisha ale by a fine of not
more than five hundred dollar s ($500.00) or by
imprisonment for not more than - six (6) months oz
by both such fine and imprison went. Revocation
or suspension of a license issued under this fitly
shall not be a defense against ~ prosecution.
(Ord. No. 3363, § 7,1-11-83; Orcl. 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 maintain+;d contrary to the
provisions of this article shall 1 e and the same if
hereby declared to be unlawful and a public
nuisance and the Offices of the ~ county Counsel o~
the District Attorney ray comr fence an action o~
actions, proceeding or proceedi cgs, for the abate
went, removal or enjoinment t~ ereof, in the man
ner provided by law, and shall take such othe2
steps and shall apply to such court or courts a:
may have jurisdiction to grant such relief as will
abate or remove s4~i~l~h~c~and restrain
Page 73 of 77
Supp. No. loo 1581
§ 5-3.329 ORANGE COUNTY CODE
~ 5-3-337
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}
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.
Sec. 5-3.334. 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 profii-
lions of this article.
(Ord. No. 3363, § 7,1-11-83)
Secs. 5-3.331--5.3-334. Reserved.
ARTICLE 23. PERMIT REQUIREMENTS
FOR C011~VVIER.CIAL 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. 371?, § 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{cX3) of
the Internal Revenue Code or section 23701 of the
California Revenue and Taxation Code as a char-
itable o~`~~~df1~lo~ a nonprofit organiza-
Page 74 of 77
(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-
cast withintwenty-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
Supp. No. 100 1582
~ 5-3-337 SPECIFIC ADDITIONAL LICENSE OR PERMIT REQUIREMENTS AND BUSINESS REGULATIONS ~ 3-3.341
appropriate insurance coverage to be de-
termined in the sole discretion of the
County and in accordance with Section
5-3-310 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 tf~e permit duration request of the
applicant. The applicant must show ap-
propriate insurance coverage to be deter-
mine~ l in the sole discretion of the County
and in accordance with Section 5-3-340
for the duration of the permit period.
(Ord. No. 3?17, § 1, fi-14-88; Ord. No. 05.020, § 45,
11-22-05)
Sec. 5-3.338. Exemptions.
(a) Charit~~ble films produced by nonprofit or-
ganizations, ~s defined in section 5-3-33fi(a) of
this article, a~ld news media, as defined in section
5-3-33fi(e) of this article, are exempt from any
permit fees e:;tablished pursuant to this article.
(b) Any afplicant who submits a class sched-
ule showing ~~hat the applicant is currently en-
rolled in a re ~ognized United States educational
institution ar,d a letter on school letterhead stat-
ing that the f ilm, videotape or photograph is not
for commercial release is exempt from any permit
fees establish zd pursuant to this article.
(c) This ar~;icle does not apply to the filming or
videotaping of motion pictures or the taking of
still photogra jahs solely for private use.
(d} This a: ~ticle does not apply to reporters,
photographer~~, cameramen or other persons en-
gaged in on-tlie spot broadcasting of news events
for the news laedia.
(Ord. No. 371'', § 1, fi-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 pro~r ulgate policies and procedures gov-
erning issuan~;e of film permits and film permit
riders. The pc licies and procedures shall include
provisions for F ersonnel and property usage charges
and fees as ap;~roved by the Board of Supervisors.
(b) ~1o 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-
ted. On completion of all production activities anc
inspection of the site by the issuing agency, the
surety may be returned in full or in part based or.
the need for the appropriate county department
agency or district to comple~~;e site cleanup o~
restoration, or both.
(Ord. No. 3717, § 1, 6-14-88; Ord. No. 05-020, § 4?
11-22-05}
Sec. 5-3-340. Liability.
(a} As a condition of issuance of a permit, th+
applicant must obtain a coma ~rehensive genera
liability insurance policy accep ;able to the Count;
of Orange issued by air insurer ce company autho
rized to do business in the ~ fate of California
with coverage that includes the permitted activi
ties and the location in which the filming, vide
taping or photography activities will occur any
any other area used by the apf~ Iicant. The Count;
of Orange, any special district under the jurisdic
tion of the Orange C~~unty Bo Ord of Supervisor
and their officers, agents and E :mployees, shall b~
named as additional insuredf on the policy fo
protection against claims of be dily injury, wrong
ful death and property damag+:. The policy limit;
of the insurance policy shall n~ ~t be less than on•
million dollars ($1,000,000.00)1-eroccurrence com
bined single limit for both 3odily injury anc
property damage.
(b) The policy shall also c• antain a provision
that no termination, cancellation or change o
coverage on the insured or ad iitional insured is
effective until after thirty (30} lays notice thereo
has been given in writing tc the office of the
. .
issuing agency.
(c) The applicant agrees to indemnify, defenc
with counsel approved in write lg by the County o
Orange, and hold harmless the County of Orange
and special districts under the jurisdiction of the
Orange County Board of Sup ~rvisors and they
officers, agents and employees and shall defend
indemnify and save harmless the County of Or
ange, any special districts under the jurisdictioi
of the Orange County Board c f Supervisors anc
their officers, agents and em, ~loyees, from and
and all claims, demands, suits, 9ctions or proceed
ings of any kind or nature, including workers
compensation claims, of or by anyone in any wad
resulting from any act or omission of the appli~
cant or such officers, agents or employees of the
applicant. Ordinance No. 1340
Page 75 of 77
Supp. No. ~o0 1583
~ 5.3-340 ORANGE COUNTY CODE
~ 5-3-357
(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.
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)
(e) The applicant shall provide other insur-
ance coverage as may be required by the issuing
agency.
(Ord. No. 3717, § 1, 5-14.88; Ord. No. 05-020, § 48,
11-22-05)
Sec. 5.3.341. elm 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-
mote the 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
depart~edi~,ara~~bay. ~4eistrict there is or has
Page 76 of 77
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. 5.3.355. Purpose and intent.
Zb 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'Q note-Ord. No. 98-26, ~ 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. 380$, adopted
January 15,1991.
Supp. No. 100 ~ 1584
~ 5-3-357 SPECIFIC ADDITIONAL LICENSE OR PERMIT REQUIREMENTS AND BUSINESS REGULATIONS ~ 5-3-~
"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.
cab businesses operating within the County u
der contract to the County shall satisfy the terY
of the specific contracts with the County for sup
services.
(Ord. No. 04-004, § 1, 2-24-04}
"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 1122103 are
hereby adopted and incorporated as though fully
set forth herein. A copy of the regulations dated
1122/03 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.
Notwithstanding the insurance requirements
of the OCTAP regulations, all taxicabs and taxi-
Sec. 5.3.361. Separate from business licen
Eng.
The requirements of this article are separa
and independent from the business licensing a~
any other provisions under this Code.
(Ord. No. 04.004, § 1, 2.24-04}
Sec. 5.3-362. OCTAP Steering Committi
designation.
The County Executive Officer of his/her deli
nee shall represent the County on the OCT~
Steering Committee. The County Executive C
ficer or designee is authorized to approve amen
ments to the OCTAP regulations.
(Ord. No. 04-004, § 1, 2-24-04; Ord. No. 05-02
§ 50, 11-22-05}
Sec. 5.3-363. Penalty.
Any person who willfully violates this antic
shall be guilty of a misdemeanor, punishable by
fine not exceeding one thousand dollars ($1,000.0(
or by imprisonment not to exceed six (fi} month
or by both such fine and imprisonment.
(Ord. No. 04-004, § 1, 2-24-04)
Ordinance No. 1340
Page 77 of 77
(The next page is 160
Supp. No, loo 1585