300.15 animal nuisance program (noise)

Number: 300.15

SUBJECT: ANIMAL NUISANCE PROGRAM (NOISE) Page: 1 Date: 11/10/93

Approved: Ryan Drabek, Director Revised: 1/24/12

I. PURPOSE

To establish a uniform procedure for processsing Animal Noise Nuisance Complaints in accordance with Title 4, Section 4-1-48 of the Orange County Codified Ordinance.

II. POLICY

It shall be the responsibility of the Staff Specialist assigned to the Barking Dog Civil Citation Program in Operations to implement Oc Animal Care’s Animal Noise Nuisance Complaint procedure and maintain all applicable records. The process is designed to satisfy the needs of the public as well as the requirements of the judicial system.

III. SCOPE

This policy applies to all Field Operations personnel and OC Animal Care Staff Specialists.

IV. FORMS

Nuisance Complaint Instructions - Attachment A Nuisance Complaint Form F042-12.2254 - Attachment B Nuisance Notification Postcard F272-12.2222 (R9/00) - Attachment C Second Notice Letter - Attachment D Nuisance Statement Form Instructions - Attachment E Statement Form F042-12.2115 (R9/93) - Attachment F Sample Statement Form - Attachment G County Notice to Abate Letter - Attachment H Petition Package Instruction - Attachment I Petition to Declare an Animal a Nuisance - Attachment J Sample of a Barking Dog Log - Attachment K Sample Diagram - Attachment L Statement Form F042.12.2115 (9/93) - Attachment M Criminal Complaint Request Form F026-37.15 (Rev. 12/01). - Attachment N Declaration in Support of Arrest Warrant - Attachment O

V. REFERENCES Not applicable. VI. DEFINITIONS

Number: 300.15



Not applicable.

VII. PROCEDURE

Complainants may complete a Nuisance Complaint Form in person at OC Animal Care, request one be mailed by calling either the general public line or the Operations Department or by printing the form via www.ocpetinfo.com. During the nuisance complaint process, the complainant’s name and address will not be given to the animal owner. Complainants will be informed that their identity will be public record only if the matter requires adjudication. Animal owners who respond after receiving notification of a complaint and insist upon obtaining complainant information will be referred to the OC Community Resources’ Custodian of Records Department. The Custodian of Records will advise an animal owner of the applicable laws governing the release of information.

A. First Complaint.

1. Complainants will be advised that the ordinance relating to animal noise is not

applicable to noise generated by animals utilized in the production of crops, livestock or poultry and is not enforceable through this section. It will also be recommended to the complainants that they contact the animal owner personally in an attempt to resolve the problem.

a. If the complainant is unwilling, unable or has already contacted the

owner without resolution, a Nuisance Complaint Instructions Packet (Attachment A) explaining the process will be mailed to the complainant.

b. The Packet will include a Nuisance Complaint Form (Attachment B) and a return envelope.

2. Upon the return of the completed Nuisance Complaint Form, the Staff Specialist

will initiate an Activity in Chameleon and mail a Nuisance Notification Postcard listing the specific times of disturbance to the best of their ability. (Attachment C).

a. If no owner information is on file, or the animal creating a noise nuisance

is a dog and the dog is not currently licensed or vaccinated, a second sequence to the Activity will be generated for dispatch to an Animal Control Officer (ACO).

Number: 300.15



b. The ACO will contact the animal owner to obtain and verify ownership information for update in Chameleon Activity and Tag windows.

c. If the animal is a dog, the ACO will determine whether the dog is in compliance with licensing and/or vaccination ordinances. If the dog is not currently in compliance, the ACO will either sell the owner a license or issue a Notice to Appear (citation).

d. The ACO will also advise the owner that a complaint has been received reference their animal creating a nuisance and offer any advice that could resolve the problem or discourage the animal from creating a further nuisance.

3. After a ten (10) day waiting period from the date the complaint was initiated, the

complainant may report a second complaint. The original Nuisance Complaint will remain on file for ninety (90) days. If a second complaint is not received in that time period, the complaint will expire and the complainant will have to begin the process again.

B. Second Complaint

1. Second contacts regarding the same animal will be forwarded to the Staff

Specialist. The Staff Specialist will ensure the first step was completed and the timing is suitable for additional action. All information received from the animal owner or complainant during this and subsequent steps will be noted in the Activity window and/or memo.

a. Complainants will be advised that a Second Notice Letter (Attachment D)

will be sent to the animal owner. (Using the “Operations Reports” format in Chameleon entitled “Second Notice Letter”).

b. Complainants will also be advised that the animal owner has another fourteen (14) days to resolve the noise problem prior to their filing a third complaint.

C. Third Complaint

1. A third complaint is initiated when the complainant calls the Operations

Department requesting to proceed to the third step. A Nuisance Statement Form (NSF) is mailed to the complainant complete with instructions and a sample of a completed form. (Attachment E-G).

Number: 300.15



2. The NSF must be signed by the complainant and filled out according to the

instructions provided. 3. Once the Staff Specialist receives the completed NSF, he/she will initiate a 15

day Notice to Abate (NTA) using the “Operations Reports” format in Chameleon entitled “OC NTA Letter” (Attachment H). In Anaheim, an NTA will be written using the format entitled “Anaheim NTA Letter”. The NTA will be hand delivered by an ACO pursuant to an Activity sequence created by the Staff Specialist, The ACO delivering the NTA will complete the following:

a. Verify the animal owners name listed on the NTA. If the name is

incorrect, the ACO will draw a single line through the name listed and place the correct name(s) on the form.

b. Obtain the name and information of any other person(s) responsible for the continuous care and custodianship of the dog. If the name is different from the owner, the ACO is to add their name to the NTA.

c. The ACO must create and link the person to the dog through the Tag Link window and create a memo in the Activity window describing the custodial situation and/or relationship to the owner.

d. Advise the owner of the nature of the nuisance complaint and provide information on ways to abate the nuisance. All requests for the complainant’s identity will be referred to the OCCR Custodian of Records.

e. If the owner is not currently in compliance with license and vaccination laws, the ACO will issue a notice to appear (citation).

f. Obtain Driver’s License/Identification information from the animal owner and/or custodian. Enter information on the Driver’s License or Identification Information Form (Attachment H pg.3) which will be attached to the NTA.

g. Secure the owner’s signature on both copies of the NTA. The officer will also sign both copies, leaving the copy of the NTA for the owner and/or custodian. The copy attached to the Driver’s License or Identification Information Form will be returned to Operations.

h. Should the owner refuse to sign the NTA, Note “Refused to Sign” on both copies and leave the owner or custodian his/her copy of the notice. All other available information must be completed.

Number: 300.15



i. Verify and update any and all animal information in the appropriate Chameleon window(s).

4. Once the signed NTA has been returned, the Staff Specialist will mail a Petition

Package to the complainant. The Petition Package will include: Petition package Instructions, a Petition to Declare an Animal a Nuisance Form, a Sample Diagram, a Sample of a Barking Dog Log and 3 (three) Statement Forms (Attachments I-M).

a. At least two (2) separate residents must sign the Petition to Declare an

Animal a Nuisance Form and complete a Written Statement Form. Only in special circumstances, as determined by the Chief of Field Services, will this condition be suspended.

b. The Petition Package must be filled out according to the directions and returned to the Operations Department within sixty (60) days of the delivery of the NTA.

5. Upon receipt of the completed Petition Package, the Staff Specialist will review

and submit it to the Chief of Field Services for approval. Once approved, the Staff Specialist will initiate a Directions for Complaint Form (Attachment N) in accordance with OCAC P&P 300.09.

a. Operations will maintain copies of all written documentation/evidence

concerning cases forwarded for Criminal Complaint. b. The Staff Specialist will hand deliver the Directions for Complaint

(Attachment N) and the Declaration In Support of Arrest Warrant Form (Attachment O) and the associated original nuisance file to the appropriate court’s District Attorney’s office for consideration.

c. In Anaheim, the same forms will be submitted for criminal complaint as in County cases. Two copies of all applicable forms and the file will be hand delivered to the Senior Anaheim Code Enforcement Officer for review and disbursement to the appropriate department.

NOTE: The Operations Desk Sergeant may be responsible for coverage of the phones and handling requests and inquiries from the public with regard to the Animal Noise Nuisance Program in the absence of the Staff Specialist.

300.15 animal nuisance program (noise)

Government & Nonprofit