Agenda Item

AGENDA STAFF REPORT

 

ASR Control 17-000859

 

MEETING DATE:

08/22/17

legal entity taking action:

Board of Supervisors

board of supervisors district(s):

All Districts

SUBMITTING Agency/Department:

OC Community Resources (Approved)

Department contact person(s):

Jennifer Hawkins (714) 796-6417

 

 

Dylan Wright (714) 480-2788

 

 

Subject: Amendment to Ordinances 4-1-3, 4-1-48 and 4-1-59

 

ceo CONCUR

County Counsel Review

Clerk of the Board

Concur

Approved Ordinance to Form

Discussion

 

 

3 Votes Board Majority

 

 

 

Budgeted: N/A

Current Year Cost: N/A

Annual Cost: N/A

 

 

 

Staffing Impact:

No

# of Positions:

Sole Source: N/A

Current Fiscal Year Revenue: N/A

Funding Source: N/A

County Audit in last 3 years: 2015

 

 

Prior Board Action: N/A

 

RECOMMENDED ACTION(S):

 

 

1

Read title of ordinance.

 

2.

Waive further reading of ordinance.

 

3.

Consider the matter.

 

4.

Direct ordinance be placed on agenda for the next regularly scheduled Board meeting for adoption.

 

5.

At the next regularly scheduled meeting, consider the matter and adopt the ordinance.

 

 

 

 

SUMMARY:

 

Amending Ordinances 4-1-3, 4-1-48 and 4-1-59 will authorize the OC Animal Care Director to effectively address Barking Dog and Animal Nuisance complaints by clarifying several aspects of these ordinances and imposing changes deemed necessary based on operational experience of the current program.

 

 

 

BACKGROUND INFORMATION:

 

OC Animal Care receives and processes up to 1,100 Barking Dog and Animal Nuisance complaints annually. Facilitation of these complaints results in approximately 2,500 actions by OC Animal staff including in-person contacts, administrative hearings, as well as mediation, education and affidavit appointments. Currently, Barking Dog complaints are processed under Ordinances 4-1-3 and 4-1-59. These ordinances define a Barking Dog and outline the procedural aspects of the program. Currently, persons with noise related complaints for animals other than dogs fall under Ordinance 4-1-48 (Animal Nuisance complaints).

 

Ordinance 4-1-3

Ordinance 4-1-3 defines the term Barking Dog. The amended Ordinance will broaden the definition to include animals other than dogs, thus creating an Animal Nuisance definition and category. The goal of this recommended change is to model the complaint process for non-dog related noise after the more efficient and effective process outlined in Ordinance 4-1-59.

 

Ordinance 4-1-59

Ordinance 4-1-59 outlines the procedural aspects of the Barking Dog complaint and citation process. Currently, Orange County Code Ordinance (OCCO) 4-1-59 only applies to dogs and, as such, residents seeking resolution for noise related complaints for animals other than dogs are not able to utilize the efficient and effective civil citation process of OCCO 4-1-59. The proposed changes will define noise-related complaints from animals other than dogs as an Animal Nuisance. By including the Animal Nuisance criteria as a violation of OCCO 4-1-59, it will allow the civil citation process of OCCO 4-1-59 to be utilized to address noise related complaints for dogs and other animals such as roosters, parrots, etc.

 

The proposed changes will also extend the time to pay a civil citation fine without penalty. The current ordinance assigns a penalty equal to the amount of the original fine if not paid within 15 days of the administrative hearing. The amended Ordinance will extend the period to 30 days to permit a more reasonable amount of time for the violator to pay the citation fine without penalty. Additionally, the proposed language clarifies the procedure for administrative hearing continuation requests and limits the number of open complaints to one per complainant against the same responsible party at a time.

 

Ordinance 4-1-48

Ordinance 4-1-48 defines nuisance and outlines the violation of noise standards. Amending ordinance 4-1-48 will allow for the issuance of a criminal citation following the issuance and successful disposition of three civil citations. This will provide the community with an additional mechanism to address noise related issues that were unable to be resolved through the civil citation process as violations of OCCO 4-1-59. The civil citation process, however, will result in a body of evidence that could be used to address the violation further, through the criminal citation process, should the issue persist.

 

Barking Dog and Animal Nuisance complaints represent a quality of life issue for the community. By amending these ordinances, OC Animal Care seeks to establish and effective and balanced mechanism for residents to resolve these issues.

 

A performance audit of OC Animal Care was completed by the Office of Performance Audit Director and submitted to the Board on March 24, 2015. The audit included recommendations to improve OC Animal Care's operational effectiveness and efficiency, but did not include any recommendations related to amending County Ordinances 4-1-3, 4-1-48 or 4-1-59.

 

 

 

FINANCIAL IMPACT:

 

N/A

 

STAFFING IMPACT:

 

N/A

 

ATTACHMENT(S):

 

Attachment A Proposed Orange County Ordinance Section 4-1-3 and 4-1-59
Attachment B Proposed Orange County Ordinance Section 4-1-48
Attachment C Orange County Ordinance Section 4-1-3 and 4-1-59 (redline)
Attachment D Orange County Ordinance Section 4-1-48 (redline)