The Orange County Codified Ordinance (OCCO) are made available for the purpose of encouraging responsible pet ownership in Orange County. As a pet owner, you should be familiar with these laws as they are intended for the safety and well-being of your pets, your family and all members of the public that you come in contact with.

Source: Orange County Code of Ordinances

Division 1 ANIMAL CONTROL, WELFARE AND LICENSE REQUIREMENTS

ARTICLE 1. GENERAL

Sec. 4-1-1. Definitions.
The following terms, as used in this division, shall have the meanings herein set forth in sections 4-1-2 through 4-1-27, unless it is apparent from the context thereof that some other meaning is intended.
(Ord. No. 2836, § 2, 5-6-75)

Sec. 4-1-2. Definitions (A).
Animal includes, but is not limited to, birds, fishes, reptiles and nonhuman mammals.
Approved rabies vaccine means a vaccine which is approved for use in the animal concerned by the California Department of Health.
Approved research institution means a college, hospital, university or research laboratory conducting research under humane conditions, if the Director so finds and certifies in writing.
(Ord. No. 2836, § 2, 5-6-75)

Sec. 4-1-3. Barking dog and animal nuisance definitions (B).
Barking dog means a dog that barks, bays, cries, howls or makes any noise for an extended period of time to the disturbance of any person at any time of day or night, regardless of whether the dog is physically situated in or upon private property. Such extended period of time shall consist of incessant barking for 30 minutes or more in any 24-hour period, or intermittent barking that accumulates to a total of 60 minutes or more during any 24-hour period. A dog shall not be deemed a “barking dog” for purposes of this article if, at any time, the dog is barking, a person is trespassing upon private property in or upon which the dog is situated, or when the dog is being teased or provoked.
Animal nuisance means any animal other than a dog that makes a noise which emanates from the animal not resulting in contact with another object or structure. The noise must be for an extended period of time to the disturbance of any person at any time of day of night, regardless of whether the animal is physically situated in or upon private property. Such extended period of time shall consist of incessant noise for a continuous 30 minutes or more in any 24-hour period, or intermittent noise that accumulates to a total of 60 minutes or more during any 24-hour period. For the purposes of this article, a noise is not considered a violation if it is due to actions such as the animal kicking a stall or enclosure, dragging of a chain, rattling of a collar, or if the nails of an animal are scratching or clawing on a door, enclosure or other object. An animal shall not be deemed an “animal nuisance” for purposes of this article if, at any time, the animal is creating a noise disturbance, a person is trespassing upon private property in or upon which the animal is situated, or the animal is being teased or provoked.
(Ord. No. 06-011, § 1, 11-21-06; Ord. No. 17-008 , § 1, 9-12-17)
Editor’s note(s)—Ord. No. 17-008 , § 1, adopted September 12, 2017 changed the title of § 4-1-3 from “Definitions (B)” to “Barking dog and animal nuisance definitions (B).”

Sec. 4-1-4. Definitions (C).
Cat includes domesticated members of the species Felis catus; it excludes other members of the family Felidae.
Commercial means operated or carried on primarily for financial gain.
(Ord. No. 2836, § 2, 5-6-75)

Sec. 4-1-5. Definitions (D).
Dangerous animals means any animal of a species which presents a threat to the safety of persons or property, as determined by the Director.
Director means the Health Officer of Orange County, his agents or deputies.
Dog includes domesticated members of the species Canis familiaris; it excludes other members of the family Canidae.
(Ord. No. 2836, § 2, 5-6-75)

Secs. 4-1-6, 4-1-7. Reserved.

Sec. 4-1-8. Definitions (G).
Garbage means any waste consisting in whole or in part of animal wastes resulting from the handling, preparing, cooking and consuming of food, including the offal from animal carcasses or parts thereof.
Guard (sentry) dog means any dog utilized, on a commercial basis, to guard any property within the unincorporated territory of Orange County, including guarding against fire or theft or both.
Guide dog means a properly trained dog certified by a licensed guide (Seeing Eye) dog agency and actually being used by a blind person.
(Ord. No. 2836, § 2, 5-6-75)

Sec. 4-1-9. Reserved.

Sec. 4-1-10. Definitions (I).
Immediate slaughter shall refer to livestock shipped to a public stockyard and released therefrom 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.
Infectious disease means any infectious, contagious or communicable disease sufficiently dangerous 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, cattle, goats, swine, sheep and equines which are kept in captivity or under the control or ownership of any person for any purpose.
(Ord. No. 2836, § 2, 5-6-75)

Sec. 4-1-14. Reserved.

Sec. 4-1-15. Definitions (N).
Neutered means rendered incapable of reproduction by physical (surgical alteration or the implantation of a device) or other means. To be acceptable, the neutering must be certified to by a licensed veterinarian.
(Ord. No. 2836, § 2, 5-6-75; Ord. No. 2908, § 1, 5-4-76)

Sec. 4-1-16. Reserved.

Sec. 4-1-17. Definitions (P).
Person means any individual, firm, partnership, corporation, company, society, or association, and every officer, agent or employee thereof.
(Ord. No. 2836, § 2, 5-6-75)

Sec. 4-1-18. Definitions (Q).
Quarantine means the strict confinement of an animal upon the premises of the owner or elsewhere as approved by the Director.
(Ord. No. 2836, § 2, 5-6-75)

Sec. 4-1-19. Reserved.

Sec. 4-1-20. Definitions (S).
Stockyard means any stockyard, corral or premises wherein public trading in livestock is carried on, or where yarding, feeding and watering facilities are provided and where Federal, State or County inspection is maintained for the inspection of livestock for infectious diseases.
(Ord. No. 2836, § 2, 5-6-75)

Sec. 4-1-21. Definitions (T).
Tuberculin test means any test approved by the United States Department of Agriculture for the detection of tuberculosis in animals.
(Ord. No. 2836, § 2, 5-6-75)

Sec. 4-1-22. Reserved.

Sec. 4-1-23. Definitions (V).
(a) Potentially dangerous dog means any of the following:
(1) Any dog which, on two (2) separate occasions within a thirty-six-month period, engages in any behavior that requires a defensive action by any person to prevent bodily injury whether the person and the dog are on or off the property of the owner or custodian of the dog.
(2) Any dog which bites a person causing any injury less severe than a “severe injury” whether the person and the dog are on or off the property of the owner or custodian of the dog. Severe injury means any physical injury to a human being that results in muscle tears or disfiguring lacerations or requires multiple sutures or corrective or cosmetic surgery.
(3) Any dog which has killed, seriously bitten, inflicted injury, or otherwise caused injury attacking a domestic animal, horse, or livestock whether the animal and the dog are on or off the property of the owner or custodian of the dog.
(b) Vicious dog means any of the following:
(1) Any dog which inflicts severe injury 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.
(2) Any dog previously determined to be and currently listed as a potentially dangerous dog, which, after its owner or keeper has been notified of this determination, continues the behavior of a “potentially dangerous dog” as set forth above, or is maintained in violation of the conditions and restrictions placed upon the dog as a “potentially dangerous dog.”
(c) A dog shall not be declared potentially dangerous under subsection (a) or vicious under subsection (b)(1) or (2) if the owner or custodian establishes that the actions of the dog with respect to which the declaration is sought were provoked. With respect to harm to a human, “provocation” shall mean that the 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, was committing or attempting to commit a crime upon the person of, or 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. The terms “tease, torment, abuse, or assault” as used herein, shall be limited to acts that cause pain, injury, suffering or distress beyond the typical or usual interactions of a human or animal with a dog in a similar environment or circumstance. For purposes of this section, provocation does not include the acts of a person attempting to prevent an animal from physically attacking, mauling, or physically injuring another person or animal. With respect to harm to a human or an animal, a bite, threat, injury or damage shall not be considered provoked if the dog’s reaction to the act of provocation was grossly out of proportion to the alleged provocative act. With respect to harm to an animal, an act shall be considered provoked if at the time of the bite or injury, the victim animal was on the property or premises of the dog owner, custodian or keeper, without their knowledge, permission, or consent, whether expressed or implied.
(d) These definitions do not apply to dogs used in military or police work while they are actually performing in that capacity.
(Ord. No. 2836, § 2, 5-6-75; Ord. No. 3693, § 1, 3-22-88; Ord. No. 98-15, § 31, 12-8-98; Ord. No. 17-009 , 10-17-17)

Secs. 4-1-24—4-1-27. Reserved.

Sec. 4-1-28. Responsibility for administration.
The Director is charged with the administration of this division.
(Ord. No. 2836, § 2, 5-6-75)

Sec. 4-1-29. Rules and regulations.
The Board of Supervisors may, by resolution, promulgate any necessary rules and regulations for the administration of this division.
(Ord. No. 2836, § 2, 5-6-75)

Sec. 4-1-30. Enforcement.
The Director, his or her duly authorized deputies and agents are hereby empowered and it shall be their duty to enforce this division and any statute relating to animal control, unless otherwise provided by law. Pursuant to Corporations Code 14503 each of the aforementioned individuals shall have the power to issue notices to appear in court for violations of the aforementioned provisions pursuant to chapter 5c, commencing with section 853.5 of title 3 of part 2 of the California Penal Code.
(Ord. No. 2836, § 2, 5-6-75; Ord. No. 04-013, § 1, 10-26-04)

Sec. 4-1-31. Interference.
No person shall interfere with, oppose or resist any authorized person charged with the enforcement of this division while such person is engaged in the performance of his duties.
(Ord. No. 2836, § 2, 5-6-75)

Sec. 4-1-32. Firearms authorized.
Supervisory and senior animal control officers are authorized to carry loaded rifles, shotguns and tranquilizer equipment, issued by the County, while acting in the course and scope of their employment.
(Ord. No. 2836, § 2, 5-6-75)

Sec. 4-1-33. Disposal of dead animals.
The owner of any animal which dies shall dispose of the carcass of such animal in a sanitary manner as prescribed by the Director within twenty-four (24) hours after said owner has knowledge of the animal’s death. The Director shall be responsible for the disposal of all dead animals whose ownership cannot be established.
(Ord. No. 2836, § 2, 5-6-75)

Sec. 4-1-34. Violations-Infractions-Misdemeanor.
(a) Any person who violates any provision of this division is guilty of an infraction, except as set forth in subsection (b) of this section.
(b) Any person who violates any provision of sections 4-1-48, 4-1-51, or 4-1-95 is guilty of a misdemeanor. Moreover, any person who violates any other provisions of this division and the violation occurs within one (1) year of the occurrence of two (2) other separate violations of this division by that person is guilty of a misdemeanor.
(c) Each day on which a violation occurs or continues shall constitute a separate offense.
(Ord. No. 3001, § 2, 8-30-77; Ord. No. 3693, § 2, 3-22-88; Ord. No. 04-008, § 1, 6-8-04)

Sec. 4-1-35. Inspections.
The Director, [or] his duly authorized deputies and agents, are authorized to inspect any building or other property for the purpose of enforcing this division or any statute relating to animal control.
(Ord. No. 3000, § 2, 8-30-77)

Sec. 4-1-36. Complaints.
Upon receiving a complaint from any person alleging a violation of this division and upon receiving the name and address of the owner and/or custodian of the animal, if known, an investigation to determine whether a violation exists may be made. If the investigation discloses a violation of this division, prosecution may be initiated against the owner and/or custodian.
(Ord. No. 3693, § 4, 3-22-88)

Secs. 4-1-37—4-1-44. Reserved.

ARTICLE 2. KEEPING AND RESTRAINT OF DOGS AND CATS

SUBARTICLE 1. GENERALLY

Sec. 4-1-45. Restraint of dogs.
No person owning or having charge, care, custody, or control of any dog shall cause or permit, either willfully or through failure to exercise due care or control, any such dog to be upon any private property unless such dog be restrained thereon by a fence, wall, substantial chain, leash not exceeding six (6) feet in length, other appropriate 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, custody, or control of any dog shall cause or permit, either willfully or through failure to exercise due care or control, any such dog to be upon any public property unless such dog be restrained by a substantial chain, or leash not exceeding six (6) feet in length, and is under the charge of a person competent to exercise care, custody, and control over such dog, unless the owner or operator of such public property grants written permission for such dog to be on such property without such chain or leash.
(Ord. No. 2836, § 3, 6-6-75; Ord. No. 2908, § 1, 5-4-76)

Sec. 4-1-46. Public school property; county parks, public beaches and county buildings.
No person having the charge of any dog, except a blind, deaf or disabled person with his or her guide dog, signal dog or service dog, or a person training a guide, signal or service dog, shall permit said dog to be under any circumstances within public school property, the county park known as Upper Newport Bay, any public beach, or any building owned or occupied by the County, including any space in buildings partially occupied by the County.
Exceptions. The provisions of this section are not applicable to dogs that are in direct supervision of County personnel or in areas designated by the Board of Supervisors as allowing dogs. 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 “signal dog,” in this section shall be given the same meaning as set forth in Penal Code Section 365.5.
(Ord. No. 2836, § 3, 5-6-75; Ord. No. 2908, § 1, 5-4-76; Ord. No. 98-15, § 32, 12-8-98; Ord. No. 08-011, § 1, 5-6-08)

Sec. 4-1-47. Female cats and dogs in season to be confined.
Every person owning or having charge of any female cat or dog shall strictly confine such animal during its breeding season (i.e., while it is in heat) in a building or other enclosure adequate to keep such cat or dog confined.
(Ord. No. 2836, § 3, 5-6-75)

Sec. 4-1-48. Nuisance.
(a) No person shall keep, maintain, or permit, either willfully or through failure to exercise proper control, on any lot, parcel of land or premises under his or her control any animal:
(1) Which by sound or cry shall disturb the peace and comfort of the inhabitants of the neighborhood, or
(2) Which affects an entire community or neighborhood, or any considerable number of persons, although the extent of annoyance or damage may differ, or
(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 measurement except as required to prove a violation of section 4-6-5.
(d) Noise generated by animals utilized in the production of crops, livestock or poultry is not subject to this section.
(e) A violation of this section is a public nuisance.
(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, 5-6-75; Ord. No. 2908, § 1, 5-4-76; Ord. No. 04-009, § 1, 6-8-04)

Sec. 4-1-49. Private property.
No person, owning or having care, custody, or control of any animal, shall permit, either willfully or through failure to exercise proper control, such animal to trespass or be upon any private property of another person without the consent of such person.
(Ord. No. 2836, § 3, 5-6-75; Ord. No. 2908, § 1, 5-4-76)

Sec. 4-1-50. Dogs to be curbed.
A person having custody of any dog shall not permit, either willfully or through failure to exercise 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 immediately 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 immediately 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 prevent their dogs from biting, attacking or attempting to bite 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 violation 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 occupied by the owner or custodian of the dog, or was committing or attempting to commit a crime upon the premises occupied by the owner or custodian of the dog, or was teasing, tormenting, abusing or assaulting the dog or who has, in the past, teased, tormented, abused or assaulted the dog.
(Ord. No. 3693, § 5, 3-22-88)

Secs. 4-1-52—4-1-59. Reserved.

SUBARTICLE 2. BARKING DOG VIOLATION AND/OR ANIMAL NUISANCE CIVIL FINE

Sec. 4-1-59.1. Applicability, barking dog and animal nuisance.
(a) Any violation for keeping, maintaining, or permitting a barking dog or any animal nuisance as defined in section 4-1-3 is subject to civil fine.
(b) This subarticle establishes the administrative procedures for the imposition, enforcement, collection, and administrative review of civil fines for barking dog and animal nuisance violations pursuant to Government Code section 53069.4 and the County’s plenary police power.
(c) The issuance of a Civil Citation under this subarticle is solely at the County’s discretion and is one option the County has to address barking dog or animal nuisance violations. By adopting this subarticle, the County does not intend to limit its discretion to utilize any other remedy, civil or criminal in nature.
(d) The purpose of issuing Civil Citations pursuant to this subarticle is to encourage voluntary and complete compliance with the provisions of this Code and to eliminate nuisances for the protection and benefit of the entire community.
(e) Noise generated by animals while actively utilized in the production of crops, or commercial livestock or commercial poultry; or animals maintained at a facility established pursuant to Government Code section 25802, are not subject to this section.
(Ord. No. 06-011, § 2, 11-21-06; Ord. No. 17-008 , § 2, 9-12-17)

Sec. 4-1-59.2. Definitions.
The following definitions apply to the use of these terms for the purposes of this subarticle:
(a) OC Animal Care means the department within Orange County Community Resources 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 OC Animal Care department or its director.
(b) County means the County of Orange.
(c) Civil citation means a notice issued pursuant to this subarticle that there has been a violation of this subarticle.
(d) Day or days as used in this article shall mean calendar day or calendar days, respectively, unless otherwise expressly provided. The time in which any act provided by law is to be done is computed by excluding the first day and including the last, excluding any holidays.
(e) Director means the OC Animal Care Director, or his or her designee.
(f) Enforcement Officer means any OC Animal Care employee or agent designated in writing by the Director.
(g) Hearing Officer means a person designated to serve as a Hearing Officer for administrative hearings. Any hearing officer designated shall be designated from among those individuals appointed by the County Executive Officer, or designee, for the purpose of conducting administrative hearings.
(h) Issued means giving a civil citation to a violator. Issuance occurs on the date when a barking dog or animal nuisance civil citation is personally served on the violator, or the date it is mailed to the property where the barking dog or animal nuisance is located or where the barking dog or animal nuisance violation occurred, or the date the citation is posted in a conspicuous place either on the property where the barking dog or animal nuisance is located or where the barking dog or animal nuisance violation occurred. When service is made by posting, the barking dog or animal nuisance citation, the citation shall also be mailed within twenty-four (24) hours of posting to any address known for the violator.
(i) Notice of decision means a form used by a Hearing Officer to inform a violator and/or complainant of an administrative hearing decision regarding provisions of this subarticle.
(j) Complainant means any person who witnesses, observes or experiences a barking dog or animal nuisance violation per section 4-1-3 definitions. For the purposes of this section, a complainant cannot be a party that files on behalf of another person who witnesses the violations such as a landlord or property management company.
(k) Owner means any person who possesses, has title to or an interest in, harbors or has control, custody or possession of a dog, or any other animal and the verb forms of “to own” shall include all those shades of meaning.
(l) Responsible person. A responsible person may also be referred to as a “violator” herein. A responsible person is any of the following:
(1) A person who allows a barking dog or animal nuisance violation to exist, whether through willful action, failure to act, or failure to exercise proper control over a barking dog or any other animal nuisance.
(2) A person whose agent, employee, or independent contractor allows a barking dog or animal nuisance violation to exist, whether through willful action, failure to act, or failure to exercise proper control over a barking dog or animal nuisance.
(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 or animal nuisance violation occurs.
(4) For purposes of this subarticle, “person” includes a natural person or legal entity, and the owners, majority stockholders, corporate officers, trustees, and general partners of a legal entity.
(5) For the purposes of this subarticle, there may be more than one responsible person for a barking dog or animal nuisance violation. A responsible person, subject to the provisions of this subarticle, must be at least eighteen (18) years of age.
(Ord. No. 06-011, § 3, 11-21-06; Ord. No. 17-008 , § 3, 9-12-17)

Sec. 4-1-59.3. General, barking dog or animal nuisance citation.
(a) Any Enforcement Officer has the authority to issue a civil citation to any responsible person for a barking dog or animal nuisance violation that the Enforcement Officer did not see or hear occur based on a complaint, signed under penalty of perjury, lodged by a member of the community who has been disturbed by the barking dog or animal nuisance. A responsible person to whom a civil citation is issued shall be liable for and shall pay to the County the fine or fines described in the barking dog or animal nuisance citation when due. In any case, the responsible person shall have the right to appeal the issuance of the citation pursuant to the provisions of this subarticle.
(b) Prior to issuing a civil citation for a barking dog or animal nuisance the responsible person shall be given a ten (10) day period within which to correct the problem. If after this (10) ten day period, the barking dog or animal nuisance issue still occurs, the complainant shall be given a thirty (30) day period in which to report a subsequent violation by the completion of an affidavit, signed under penalty of perjury, reporting the date and time of the violation.
If a subsequent violation is not reported within the thirty (30) day period, the complainant must start the process over and file another initial complaint, allowing for ten (10) day waiting period, if they choose to continue the complaint.
(c) A barking dog or animal nuisance civil citation may include a violation for one (1) or more days on which a violation exists, and for violation of one (1) or more Code sections.
(d) The filing of an initial complaint opens a file for the complainant against the responsible person. Each file shall remain open until the expiration of the thirty (30) day period without the issuance of a citation, or until a citation is ultimately dispositioned by an administrative Hearing Officer or voided by OC Animal Care. A respective complainant can only have one (1) open complaint against a respective responsible person at any time.
(Ord. No. 06-011, § 4, 11-21-06; Ord. No. 17-008 , § 4, 9-12-17)

Sec. 4-1-59.4. Barking dog or animal nuisance citation contents.
Each barking dog or animal nuisance citation shall contain the following information:
(a) Date on which a complaint established the barking dog or animal nuisance violation(s).
(b) Name of the responsible person for the barking dog or animal nuisance violation(s) (if known).
(c) Address where the barking dog or animal nuisance violation(s) occurred.
(d) The Code section(s) violated.
(e) Whether the violation(s) were established by complainant.
(f) Amount of the fine for the violation(s) and procedure to pay the fine to avoid a late payment penalty.
(g) Designation of prior civil citations issued for the same Code violation(s), if known by the Enforcement Officer.
(h) Notification of an assigned administrative hearing date, time and location where the civil fine may be contested.
(i) Description of the procedure for requesting a continuance of the assigned administrative hearing.
(j) A notice that a barking dog or animal nuisance violation is a nuisance and that collection of unpaid fines and/or penalties can result in additional fines, penalties and/or imprisonment in the County jail.
(k) Signature of the Enforcement Officer who issued the barking dog or animal nuisance citation and/or civil fine.
(l) Date upon which the barking dog or animal nuisance citation and/or civil fine was issued.
(m) Proof of service to be completed by the Enforcement Officer indicating whether citation was issued by personal service, by mail, or by posting in a conspicuous place on the property where the barking dog or animal nuisance violation occurred.
(n) A self-addressed envelope in which the violator can mail the civil fine to the County if the citation is not contested.
(o) Any other information deemed necessary by the Enforcement Officer for enforcement or collection purposes.
(Ord. No. 06-011, § 5, 11-21-06; Ord. No. 17-008 , § 5, 9-12-17)

Sec. 4-1-59.5. Service of barking dog or animal nuisance citation.
A barking dog or animal nuisance citation may be served as follows:
(a) An Enforcement Officer may personally serve the barking dog or animal nuisance citation on the responsible person. The responsible person shall be requested to sign a copy of the citation showing his or her receipt of the citation and notice of the responsible person’s right to an administrative hearing. Signing the citation shall not constitute an admission of guilt.
(b) An Enforcement Officer may mail the civil citation by certified mail, return receipt requested, if the property owner and/or occupier’s name is known but the violator is not present when personal service is attempted. The citation shall be mailed to the address where the barking dog or animal nuisance violation occurred.
(c) An Enforcement Officer may post a copy of the barking dog or animal nuisance citation in a conspicuous place on the property where the barking dog or animal nuisance violation occurred if the property owner and/or occupier’s name is unknown. In this event, the citation shall also be mailed addressed to the owner of the property where the barking dog or animal nuisance violation occurred as reflected in a reliable database or other resource that is assessable to the Enforcement Officer as researched using research from a reliable source. A copy of the citation shall also be mailed within twenty-four (24) hours of posting the citation addressed to “Responsible Party” at the address where the barking dog violation occurred.
(Ord. No. 06-011, § 6, 11-21-06; Ord. No. 17-008 , § 6, 9-12-17)

Sec. 4-1-59.6. Amount of barking dog civil fines.
Fines for a barking dog or animal nuisance violation (per citation) as provisioned within this subarticle, shall be as follows:
First offense:$250.00
Second offense within same 12-month period:$275.00
Third offense within same 12-month period:$303.00
Fourth offense within same 12-month period:$333.00
Fifth offense within same 12-month period:$366.00
Sixth and subsequent offense within same 12-month period:$403.00
Any fine not paid within thirty (30) days of due date (by US postmark) shall be calculated as follows:
The amount of the appropriate fine listed above added to a late penalty in the same amount as the fine such that the total amount due is double the unpaid fine amount.
(Ord. No. 06-011, § 7, 11-21-06; Ord. No. 17-008 , § 7, 9-12-17)

Sec. 4-1-59.7. Payment of barking dog or animal nuisance civil fines.
(a) After receiving a barking dog or animal nuisance violation citation, a violator may respond by either of the following methods:
(1) The violator may choose to correct the barking dog or animal nuisance violation and pay the barking dog or animal nuisance citation fine without contesting the fine in an administrative hearing. In that event, payment of the citation fine must be received by the Director prior to the date assigned for administrative hearing as noted in the citation. Payment shall be made by enclosing the fine amount by check or money order in the self-addressed envelope attached to the civil citation and mailing the envelope to the Director by U.S. first class mail, postage prepaid. The Director may authorize payment to be made in accordance with any other method, at any location within the County, or to any address.
(2) A violator may choose to appear at an administrative hearing on the assigned administrative hearing date contained in the citation. In that event, the fine is due and payable to OC Animal Care within thirty (30) days from the conclusion of the hearing if the Hearing Officer upholds the barking dog citation.
(b) To avoid a late penalty, fines for barking dog or animal nuisance violations must be received by the Director within thirty (30) days of the date they are due as specified in subparagraph (a)(1) or (a)(2) above.
(c) Payment of a fine shall not excuse the violator from correcting the barking dog or animal nuisance violation. The issuance of a barking dog or animal nuisance citation and/or payment of a fine shall not bar the County from taking any other enforcement action regarding a barking dog or animal nuisance violation that is not corrected, including issuing additional barking dog or animal nuisance citations and/or criminal complaints.
(d) In the event that a fine imposed under the authority granted by this subarticle remains unpaid for thirty (30) days after it is due and payable pursuant to subparagraph (a)(1) or (a)(2) above, an amount equal to the fine shall be added as a late penalty and the late penalty and fine shall become due immediately.
(Ord. No. 06-011, § 8, 11-21-06; Ord. No. 17-008 , § 8, 9-12-17)

Sec. 4-1-59.8. Administrative hearing.
(a) Any person who receives a barking dog or animal nuisance citation may contest it by appearing at the assigned administrative hearing date, time and location noted on the barking dog or animal nuisance citation. A violator may contest the barking dog or animal nuisance citation by denying that a violation occurred, by denying that it was not corrected within the original ten (10) day correction period, if applicable, or by denying that the violator is a responsible person for the violation.
(b) If the citation fine is not paid prior to the assigned date and time of the administrative hearing noted on the barking dog or animal nuisance citation, the violator must personally attend the administrative hearing on the date, time and place specified. A failure to personally appear at the administrative hearing shall constitute an abandonment of any defense the violator may have to the barking dog or animal nuisance citation.
(Ord. No. 06-011, § 9, 11-21-06; Ord. No. 17-008 , § 9, 9-12-17)

Sec. 4-1-59.9. Hearing procedures.
(a) Hearings shall be conducted by a Hearing Officer either: (i) on the date, time and place specified in the barking dog citation, or (ii) on the date assigned when a continuance pursuant to section 4-1-59.9(f) below has been granted. The violator and complainant shall be notified of the assigned hearing date, time and location by the Director or his/her designee.
(b) The Director or his/her designee will provide all pertinent documents and records in the possession of OC Animal Care related to the barking dog citation or animal nuisance citation to the Hearing Officer.
(c) The violator and complainant shall be given the opportunity to testify and to present evidence relevant to the barking dog or animal nuisance citation. Either party may have legal representation at the hearing, but the testimony of what was observed by either party must come from the party themselves.
(d) The citation itself and accompanying complainant’s affidavit signed under penalty of perjury attesting to the barking dog or animal nuisance violation provided to the Hearing Officer shall be accepted by the Hearing Officer as prima facie evidence of the violation and the facts stated in such documents.
(e) The Enforcement Officer shall not be required to attend the hearing. However, any such appearance and/or additional submission may be made at the discretion of other OC Animal Care employees.
(f) The Director may continue a hearing once if a timely request for continuance is made showing good cause by a violator, a complainant, or a representative of the County. A request to the Director is timely only if received at least seven (7) days prior to the scheduled hearing. Such a request shall be made to, in writing and received by the Director via e-mail, facsimile or letter. If a continuance is granted, the parties will be notified, and a new hearing date shall be scheduled that is within fourteen (14) days of the date on which the continued hearing was first scheduled to take place.
(1) A Hearing Officer may also continue a hearing once upon his or her own motion if a request for continuance, showing good cause, is made by a complainant, responsible person, or a representative of the County. Such a request shall be made in written form and received by the Director via e-mail, facsimile or letter up to the date of the administrative hearing, to be included in the administrative file, or be made in person at the administrative hearing. If such a request for continuance is received, the Hearing Officer may approve or deny the request upon his or her own motion. If such a request for a continuance is granted, the parties will be notified, and a new hearing date shall be scheduled that is within thirty (30) days of the date on which the original hearing, or first continuance of the hearing was scheduled to take place, whichever is later. If the request for continuance is denied, the parties will be notified, and the hearing shall proceed as originally scheduled. If the violator or Complainant is not present on an assigned hearing date and no continuance of the hearing has been granted, the hearing shall be deemed abandoned or dismissed in accordance with subsection (i) below.
(g) The hearing shall be conducted informally and the legal rules of evidence need not be followed.
(h) The Hearing Officer does not have the authority to issue a subpoena or subpoena duces tecum.
(i) The failure of the violator to appear at the hearing, unless the hearing was continued per subsection (f) above, shall constitute an abandonment of the administrative hearing, and a failure to exhaust administrative remedies concerning the violation set forth in the barking dog or animal nuisance citation. The violator’s failure to appear shall be noted on the notice of decision completed by the Hearing Officer and mailed to the violator and complainant. The failure of the complainant to appear at the hearing, unless the hearing was continued per subsection (f) above, shall constitute an abandonment of the complaint and shall be 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.
(Ord. No. 06-011, § 10, 11-21-06; Ord. No. 17-008 , § 10, 9-12-17)

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 or animal nuisance 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 or animal nuisance citation, the civil fine imposed for the violation shall be due within thirty (30) days of the hearing. If the decision is to dismiss the barking dog or animal nuisance citation, the civil fine shall no longer be due and payable.
(c) The Hearing Officer’s continued employment, performance evaluation, compensation, and benefits shall not directly or indirectly be linked to the amount of citations upheld or dismissed, or the amount of fines upheld, by the Hearing Officer.
(Ord. No. 06-011, § 11, 11-21-06; Ord. No. 17-008 , § 11, 9-12-17)

Sec. 4-1-59.11. Right to judicial review.
(a) A responsible person may seek judicial review of the administrative hearing decision by filing an appeal with the Superior Court within twenty (20) calendar days after the responsible person receives a copy of the notice of decision at the conclusion of the hearing in accordance with the provisions of California Government Code Section 53069.4. The appeal filed with the court must also contain a proof of service showing that a copy of the appeal was served upon “Clerk of the Board of Supervisors, County of Orange, Robert E. Thomas Hall of Administration Building, 10 Civic Center Plaza, Room 465, Santa Ana, California 92702.” The responsible person must pay the appropriate Superior Court filing fee when the appeal is filed.
(b) Pursuant to section 1010.6 of the Code of Civil Procedure, rule 2.253(b)(2) of the California Rules of Court, Orange County Superior Local Rule 352, and Local Rule 601.01 all documents filed by attorneys in limited civil must be filed electronically unless the Court rules otherwise. Self-represented parties are exempt from the mandatory electronic filing requirement set for in the Orange County Superior Court Local Rule 352, and Local Rule 601.01 and but strongly encouraged to participate voluntarily in electronic filing and service.
(c) 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.
(Ord. No. 06-011, § 12, 11-21-06; Ord. No. 17-008 , § 12, 9-12-17)

Sec. 4-1-59.12. Collection of unpaid fines.
(a) The County at its discretion may pursue any and all legal and equitable remedies for the collection of unpaid fines and late penalties. Pursuit of one remedy does not preclude the pursuit of any other remedies until the total fines and late penalties owed by a violator under this subarticle have been collected.
(b) Failure to timely remit payment of a citation fine and/or late penalty authorized under section 4-1-59.7(d) above will result in criminal liability and a warrant may be issued for a violator’s arrest. Nonpayment of such fine and/or late penalty shall be a misdemeanor pursuant to section 1-1-34, punishable by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment in the County jail for a period of not more than six (6) months or by both such fine and imprisonment.
(Ord. No. 06-011, § 13, 11-21-06; Ord. No. 17-008 , § 13, 9-12-17)

ARTICLE 3. RABIES CONTROL

Sec. 4-1-60. Dog vaccination required.
Every person owning or harboring a dog four (4) months of age or older, for fifteen (15) days or more, shall, if not currently vaccinated; have such dog vaccinated against rabies by a licensed veterinarian with a vaccine approved by the California Department of Health. By obtaining an antirabies deferment from a licensed veterinarian, and upon approval of the Director, dogs that are ill may be given temporary deferment from rabies vaccination 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. 4-1-61. Quarantine.
The State Director of Health has declared Orange County a rabies area. The Director is authorized under State law to quarantine suspected rabid animals. The Director or his authorized agent is hereby empowered to enter upon any private property, including the home or residence where the animal is kept or has strayed, to inspect, and if necessary, to seize and impound any animal suspected of being rabid for a period of fourteen (14) days (ten (10) days for dogs and cats). The impounding officer shall make reasonable effort to immediately notify the owner or custodian of the animal before it has been impounded 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 notice shall be posted on the property of such owner or custodian, if known. In lieu of impounding the animal, he may, by serving a written notice upon the owner, require the owner to quarantine the animal for such period.
No person shall disobey any quarantine order issued by the Director or remove from its place of confinement any animal under quarantine without the permission of the Director.
(Ord. No. 2836, § 4, 5-6-75; Ord. No. 2908, § 1, 5-4-76)

Sec. 4-1-62. Duty to report.
Any person having knowledge of the location of an animal suspected of having rabies, or of any person having been bitten or scratched by any warmblooded mammal, or of any signs of disease or unusual behavior in any animal under quarantine, shall immediately report such facts to the Director.
(Ord. No. 2836, § 4, 5-6-75)

Sec. 4-1-63. Proof of vaccination.
No person who owns or harbors any dog shall fail or refuse to exhibit his copy of the rabies vaccination form, antirabies inoculation deferment 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)

Sec. 4-1-64. Duty of person performing vaccination.
Each duly licensed veterinarian after vaccinating any dog shall complete and sign a rabies certificate in triplicate. He shall keep one copy and shall give one copy to the owner of the vaccinated dog, which the owner shall retain in his possession. He shall file the other copy with the Director on a monthly basis.
(Ord. No. 2908, § 3, 5-4-76)

Secs. 4-1-65—4-1-69. Reserved.

ARTICLE 4. DOG LICENSING

Sec. 4-1-70. Dog license required.
Every person owning or having custody of any dog four (4) months of age or older shall procure for said dog an Orange County dog license. Such license shall be procured within fifteen (15) days after the date on which it becomes due. The following are exceptions to the requirement to license:
(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 research institution or licensed kennel, provided 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 approved rabies vaccination. No license may expire later than the expiration date of the rabies vaccination. An owner may purchase a license for six (6) or twelve (12) months, depending upon the date and kind of vaccine used, upon payment of the fee established by resolution of the Board of Supervisors.
(Ord. No. 2836, § 5, 5-6-75; Ord. No. 2908, § 1, 5-4-76)

Sec. 4-1-71. Wearing of dog license tag required.
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 recorded 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.
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. No. 2908, § 1, 5-4-76)

Sec. 4-1-72. Dog license renewal.
Licenses not purchased or renewed within fifteen (15) days after expiration, or the date on which they become due, shall be considered delinquent and a late fee as determined by resolution of the Board of Supervisors shall be added to the cost of the new license. The Director may waive the above late fee if he determines the applicant made a reasonable effort to comply with the above deadline.
(Ord. No. 2836, § 5, 5-6-75; Ord. No. 2908, § 1, 5-4-76)

Sec. 4-1-73. Dog license; transfer of ownership.
Upon the transfer of ownership of any licensed dog, the license may be transferred to the new owner provided that the Director is notified within fifteen (15) days, in writing, of such transfer of ownership, and the name and address of the new owner is provided.
(Ord. No. 2836, § 5, 5-6-75)

Sec. 4-1-74. False or stolen documents illegal.
No person shall make use of or have in his possession or under his control a stolen, counterfeit or forged dog license receipt, dog license tag, rabies vaccination certificate, antirabies-inoculation-deferment form, or other form issued in accordance with this division.
(Ord. No. 2836, § 5, 5-6-75)

Sec. 4-1-75. Display of certificates required upon demand.
Every person shall, upon demand by the Director, exhibit any current rabies vaccination certificate or dog license tag issued to said person pursuant to this division.
(Ord. No. 2836, § 5, 5-6-75)

Sec. 4-1-76. Animal permit required.
An animal permit must be obtained from the Director in order to keep or maintain at any residence or upon any other property four (4) or more dogs, required to be licensed under section 4-1-70 of this Article 4, or four (4) or more cats, over the age of four (4) months, unless a license or permit is required by and has been obtained under Title 5 of these codified ordinances authorizing the maintenance of such animals. Veterinary clinics and veterinary hospitals are excluded from the foregoing animal permit requirement. 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 the Director’s opinion, such animals may be kept or maintained without endangering the safety and comfort of such animals and the inhabitants of the neighborhood, and the owner or custodian has complied with any other applicable laws, including zoning regulations. 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 nontransferable and must be renewed annually. The Board of Supervisors may, by resolution, adopt regulations governing the keeping of animals under permit, including facility construction and maintenance standards. Failure to comply with such regulations or any conditions imposed by the Director shall constitute cause for denial or revocation of such permit.
The provisions of section 5-2-19 of these codified ordinances shall govern appeals from the denial or revocation of a permit under this section.
(Ord. No. 2908, § 3, 5-4-76; Ord. No. 12-030, 9-11-12)

Secs. 4-1-77—4-1-84. Reserved.

ARTICLE 5. CAT LICENSING

Sec. 4-1-85. Cat licensing.
The owner of any cat may, upon submission of proof of rabies vaccination, certified to by a licensed veterinarian, and upon payment of the fee established by resolution of the Board of Supervisors, be issued a license certificate and tag. No. person shall remove a registration tag from a cat without the consent of the owner thereof. Licensing shall be valid for the period of the rabies vaccination. The obtaining of such a license shall be optional on the part of the owner, except as provided in section 4-1-76.
(Ord. No. 2836, § 6, 5-6-75; Ord. No. 2908, § 1, 5-4-76)

Secs. 4-1-86—4-1-93. Reserved.

ARTICLE 6. DANGEROUS AND VICIOUS ANIMALS

Sec. 4-1-94. Wild, exotic, dangerous and nondomestic animals.
No person shall have, keep, or maintain any wild, exotic, dangerous or nondomestic animal without first applying to and receiving a license from the Director. The Director shall by regulation determine those animals to be covered by this section. The keeping or maintenance of such animals 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 endangered by the keeping of any such animal. The provisions of section 5-2-19 of these codified ordinances 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 dangerous dog.
(a) General provisions.
(1) If the Director has cause to believe that a dog is a “vicious dog or potentially dangerous dog” within the meaning of section 4-1-23, he or she may tentatively find and declare such dog a “vicious dog or potentially 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 declaration. If the Director finds that ownership or possession of any dog by the owner or custodian of the declared vicious dog would create a significant threat to the public health, safety or welfare, the Director’s tentative finding and declaration may set forth such finding and impose prohibitions on the owner or custodian of the declared vicious dog in accordance with subsection (e) of this section.
(3) The notice shall inform the owner and/or custodian of such dog that he or she may request a hearing in writing within five (5) working days of receipt of such notice to contest the tentative finding and declaration. Any such hearing shall be requested and conducted as provided in subsection (d) of this section.
(4) Failure of the owner and/or custodian to request a hearing pursuant to subsection (a)(3) of this section shall result in the declaration, and all findings and prohibitions therein, becoming final.
(5) The possession or maintenance of a “vicious 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 empowered to impound and/or abate any “vicious dog or potentially dangerous dog” independently of any criminal prosecution or the results thereof by any means reasonably necessary to ensure the health, safety and welfare of the public, including, but not limited to, the destruction of the dog or by the imposition upon the owner and/or custodian of specific reasonable restrictions 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 hundred 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 cancellation or nonrenewal or, at the owner’s or custodian’s option, the filing with the Director of proof of a bond in the amount of one hundred thousand dollars (100,000.00), to be able to respond in damages.
b. Requirements as to size, construction and design of the dog’s enclosure.
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 conspicuous to the public warning persons of the presence of a vicious dog.
g. Payment of a fee or fees as established by resolution of the Board of Supervisors to recover the costs of enforcing the provisions of [this] article 6, division 1 of title 4 of this Code as applied to the regulation of declared dogs.
(b) Notification of right to hearing. At least five (5) working days prior to impoundment and/or abatement, the owner or custodian shall be notified 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 until a decision is reached following the hearing, except as provided in subsection (c) of this section. Pending such impoundment and/or abatement hearing and decision, 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 resulting decision. The form, content and display of such notice shall be specified by the Director. Any hearing under this subsection shall be conducted in accordance with subsection (d) of this section.
(c) Immediate impoundment. When, in the opinion 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 request in writing an abatement hearing. If requested, a hearing shall be held within five (5) working days of receipt of the request by the Director and the dog shall not be disposed of prior to such hearing and the resulting decision. A hearing under this subsection shall be conducted in accordance with subsection (d) of this section except as otherwise indicated. The Director may designate either a hearing officer or County staff to make the ultimate determination of the issues to be decided at such hearing provided that the staff member is not the same person who directed the seizure or impoundment of the animal and is not junior in rank to that person. If, after five (5) working days following receipt of such notice, no written request for a hearing is received from the owner or custodian, the dog in question shall be disposed of under applicable provisions of law.
(d) Request for and conduct of hearings. Except as otherwise provided in subsection (c) of this section, a hearing shall be conducted within thirty-one (31) days following receipt of a written request from the owner or custodian requesting a hearing under this section, and notice of the time, date and place thereof shall be mailed to the person requesting the hearing at the address given in the hearing request, at least ten (10) days prior to said hearing.
At the hearing each party shall have the right to call and examine witnesses, to introduce exhibits, to cross-examine opposing witnesses, impeach any witness, and to rebut the evidence against him or her. The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions. The rules of privilege shall be effective to the same extent that they are now or hereafter may be recognized in civil actions, and irrelevant or unduly repetitious evidence shall be excluded.
A hearing officer shall be designated to take evidence at the hearing and to determine the issues to be decided at the hearing under this section. Any hearing officer designated shall be designated from among those individuals appointed by the County Executive Officer, or designee, for the purpose of conducting administrative hearings.
The designated hearing officer shall, within fifteen (15) days following the conclusion of the hearing, make his or her determination, based on all the evidence presented to him or her at the hearing, as to each issue to be decided at the hearing under this section and shall advise the Director in writing of such determination and the basis therefore. Within five (5) working days following receipt of the hearing officer’s written determination, the Director shall provide the hearing officer’s determination to the person requesting the hearing. If the subject dog is impounded at the time of the hearing, and the hearing officer determines the dog should be released, and the Director intends to appeal such decision, the Director may elect to continue impoundment of the dog until the final determination of the appellate hearing officer.
(e) Prohibition on owning, possessing, controlling, or having custody. The owner and/or custodian of a dog determined to be a vicious dog may be prohibited by the Director from owning, possessing, controlling, or having custody of any dog for a period of up to three years, when either the Director determines, under subsection (a)(2) of this section, or it is found, after proceedings conducted under subsection (d) or (k) of this section, that ownership or possession of a dog by that person would create a significant threat to the public health, safety or welfare.
(f) Change of circumstances. In the event of changed circumstances, the Director may amend or rescind any prohibition, abatement and/or impoundment imposed pursuant to subsection (a)(5) or subsection (e) of this section. Any such revision to a prohibition, 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 prohibition, abatement and/or impoundment set forth in this section.
(g) Change of ownership, custody and/or residence. Owners of a vicious dog or potentially dangerous dog who sell or otherwise transfer the ownership, custody or residence of the dog shall at least ten (10) days prior to the sale or transfer, inform the Director in writing of the name, address and telephone number of the new owner, custodian and/or residence and the name and description of the dog. The owner shall, in addition, notify the new owner or custodian in writing of the details of the dog’s record, terms and conditions of maintenance and provide the Director with a copy thereof containing an acknowledgment by the new owner or custodian of his or her receipt of the original. The Director shall notify the new owner or custodian in writing of any different or additional restrictions or conditions imposed pursuant to subsection (a)(5) of this section as a result of the change of ownership, custody or residence. The imposition of any such different or additional restrictions or conditions shall be subject to the same notice, hearing and other procedural requirements as required for imposing an initial abatement and/or impoundment set forth in subsections (b), (c) and (d) of this section.
(h) Possession unlawful. It is unlawful to have custody of, own or possess a vicious dog or potentially dangerous dog within the meaning of section 4-1-23 unless it is restrained, confined or muzzled so that it cannot bite, attack or cause injury to any person.
(i) Declared vicious dog or potentially dangerous 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 prohibitions, requirements or conditions imposed pursuant to subsection (a)(5) or subsection (e) of this section. If a vicious or potentially dangerous dog escapes, the owner and/or custodian shall immediately notify the Director and make every reasonable effort to recapture it.
(j) Removal of potentially dangerous designation. If there are no additional instances of the behavior described in section 4-1-23(a) within a 36-month period from the date of designation as a potentially dangerous dog, the dog shall be removed from the list of potentially dangerous dogs. The dog may, but is not required to be, removed from the list of potentially dangerous dogs prior to the expiration of the 36-month period if the owner or keeper of the dog demonstrates to the animal control department that changes in circumstances or measures taken by the owner or keeper, such as training of the dog, have mitigated the risk to public safety.
(k) 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 vicious and, if applicable, whether the ownership or possession of any dog by the owner or custodian of the declared vicious dog would create a significant threat to the public health, safety or welfare. The Director shall follow the procedures set forth in Food and Agriculture Code Sections 31621 and following for this purpose.
(Ord. No. 2836, § 7, 5-6-75; Ord. No. 2908, § 1, 5-4-76; Ord. No. 3693, § 3, 3-22-88; Ord. No. 98-15, § 33, 12-8-98; Ord. No. 12-003, 7-17-12; Ord. No. 17-009 , 10-17-17)

Sec. 4-1-96. Reserved.
Editor’s note(s)—Section 2 of Ord. No. 2908, adopted May 4, 1970, repealed former § 4-1-96, pertaining to confinement of vicious animals, and derived from Ord. No. 2836, § 7, adopted May 6, 1975.

Secs. 4-1-97—4-1-104. Reserved.

ARTICLE 7. ANIMAL IMPOUNDMENT

Sec. 4-1-105. Impoundment by County personnel.
The Director or his deputies may take into custody:
(a) Any animal kept or maintained contrary to the provisions of the Codified Ordinances of Orange County, any regulation adopted thereunder, or any California statute.
(b) Animals running at large contrary to the provisions of this division or any statute.
(c) Sick, injured, stray, unwanted animals, for which the owner or custodian cannot be found or is unable or unwilling to provide proper care.
(d) Animals quarantined for which no other place of quarantine is acceptable to the Director.
(e) Animals delivered or requested to be impounded by a peace officer, or public officer or employee as defined in Penal Code section 836.5.
(f) Any wild animal found to be at large upon any public property, or upon request of the owner or tenant, found to be at large upon private property.
(g) Animals impounded pursuant to section 4-1-95.
(h) Any other animal authorized to be impounded 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 animals impounded pursuant to subparagraph (f) above, may be summarily destroyed.
(Ord. No. 2836, § 8, 5-6-75; Ord. No. 2908, § 1, 5-4-76)

Sec. 4-1-106. Retention without owner’s consent.
No person shall, without the consent of the owner, hold or retain possession of any animal for more than twenty-four (24) hours without first reporting the possession of such animal to the Director, giving his name and address and a true description of the animal, and then surrendering such animal to the Director upon demand.
(Ord. No. 2836, § 8, 5-6-75; Ord. No. 2908, § 1, 5-4-76)

Sec. 4-1-107. Removal of animals from Orange 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)

Sec. 4-1-108. Redemption of animals from Orange County Animal Shelter.
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 impounded pursuant to this division, the Director shall, within twelve (12) working hours after impounding such animal, notify the owner, if known, of the location of such animal. Said notification shall be by mail with postage fully prepaid thereon.
Any impounded animal may be redeemed by the owner upon payment of the fees established by resolution of the Board of Supervisors. The owner must also demonstrate to the satisfaction of the Director that he is the owner of the animal, and that he can keep such animal in conformance with the requirements of this division.
If a licensed animal is not redeemed within seven (7) days of impoundment, excluding County holidays and the day of impoundment (three (3) days for unlicensed animals), it shall be deemed abandoned and the Director may sell, release, or destroy said animal.
(Ord. No. 2836, § 8, 5-6-75; Ord. No. 2908, § 1, 5-4-76)

Sec. 4-1-109. Sale of unredeemed animals.
Except as otherwise provided by State law or by this division any unredeemed animal may be sold by the Director upon payment of the fees established by resolution of the Board of Supervisors.
An unredeemed female dog which has not been neutered shall not be sold or given away, other than for approved medical research, unless the deposit specified in section 4-1-111 has been received.
(Ord. No. 2836, § 8, 5-6-75)

Sec. 4-1-110. Disposition by euthanasia.
Any impounded animal which has not been redeemed or sold may be disposed of by euthanasia. Euthanasia may also be performed at the request of the owner of the animal; a fee may be charged if provided for by resolution of the Board of Supervisors.
(Ord. No. 2836, § 8, 5-6-75)

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 medical research, any female dog which has not been neutered unless the cost of neutering such dog has been deposited with the shelter for payment to a veterinarian or neutering clinic designated by the person purchasing or receiving the dog. The deposit shall be forwarded to the veterinarian or clinic upon receipt by the shelter of a notice from the veterinarian or clinic that the dog has been neutered.
(Ord. No. 2836, § 8, 5-6-75)

Sec. 4-1-112. Sale, give away, acceptance and/or barter of animals on Animal 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 parking 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—4-1-126. Reserved.

ARTICLE 8. ANIMALS RUNNING AT LARGE

Sec. 4-1-127. “Animal” defined.
Animal, as used in this article, shall not include a cat or dog but shall include livestock.
(Code 1961, § 41.081; Ord. No. 2836, § 9, 5-6-75)

Sec. 4-1-128. Staking or grazing.
No person owning or having charge, care, custody or control of any animal shall cause or permit, either willfully or through failure to exercise due care or control, any such animal to be placed, staked or to graze or be upon the land of another without the written consent of the owner or other authorized person, or upon public lands or highways or to allow any such animal to run at large.
(Code 1961, § 41.082; Ord. No. 3000, § 1, 8-30-77)

Sec. 4-1-129. Impounding livestock.
The Director may seize and impound any animal 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 incurred by reason of his seizing, keeping and caring for such animal.
(Code 1961, § 41.083; Ord. No. 2836, § 9, 5-6-75; Ord. No. 2908, § 1, 5-4-76)

Sec. 4-1-130. Sale of unclaimed animals.
If no person appears and claims the animal impounded under this article within five (5) days, or if a person does appear to claim the animal impounded within said time but fails to pay the Director the expenses as provided in section 4-1-129 hereof, the Director shall proceed to sell or cause to be sold such animal, except a bovine, at public sale in accordance with the general procedure provided in the law concerning the sale or execution of personal property.
(Code 1961, § 41.084; Ord. No. 2836, § 9, 5-6-75)

Sec. 4-1-131. Animals valued at less than twenty dollars.
If the animal impounded under this article is of a value less than twenty dollars ($20.00) and has not been claimed, the Director may, after the expiration of three (3) days from the date of seizure, sell such animal, except a bovine, at private sale without notice. In the alternative, the Director may dispose of said animal, except a bovine, in any humane manner.
(Code 1961, § 41.085; Ord. No. 2836, § 9, 5-6-75; Ord. No. 2908, § 1, 5-4-76)

Secs. 4-1-132—4-1-141. Reserved.

ARTICLE 9. KEEPING OF LIVESTOCK

Sec. 4-1-142. Reserved.
Editor’s note(s)—Section 10 of Ord. No. 2836, adopted May 6, 1975, repealed former § 4-1-142 relative to keeping of livestock near dwellings. Said former section was derived from Code 1961, § 41.091.

Sec. 4-1-143. Livestock fences.
Every owner, keeper, custodian or harborer of livestock shall erect and/or maintain a fence as herein described to contain and confine all livestock kept or maintained on his premises.
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 section unless it has three (3) tightly stretched barbed wires securely fastened to posts of reasonable 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 effectively turn livestock are also a good and substantial fence.
(Code 1961, § 41.092)

Secs. 4-1-144—4-1-153. Reserved.

ARTICLE 10. ANIMAL HEALTH

Sec. 4-1-154. Reserved.
Editor’s note(s)—Section 10 of Ord. No. 2836, adopted May 6, 1975, repealed former § 4-1-54 defining certain terms as used in Art. 10. Said former section was derived from Code 1961, § 41.101.

Sec. 4-1-155. Supplement to State law.
This article shall in all respects be construed to supplement and harmonize with the provisions of the laws of the State of California pertaining to animal industry.
(Code 1961, § 41.102)

Sec. 4-1-156. Appointment of County Veterinarian.
The County Veterinarian shall be appointed by the Orange County Board of Supervisors in compliance with State and Federal laws.
(Code 1961, § 41.103)

Sec. 4-1-157. Duties of County Veterinarian.
It shall be the duty of the County Veterinarian, acting in cooperation with the State Veterinarian, to enforce all laws of the State of California, the ordinances of the County of Orange and all orders of its Board of Supervisors pertaining to the health and sanitary condition of animals in said County. To this end he or she is authorized, upon approval of the Board of Supervisors, to establish, maintain and enforce such quarantine, sanitary, testing and immunizing measurers and to promulgate such rules and regulations as he or she may deem necessary and proper. He or she shall regulate the movement of animals from stockyards and corrals; he or she shall supervise the examination and testing of animals or premises for the presence of contagious, infectious or communicable disease. He or she shall immediately report any human infectious or communicable disease found in animals to the Health 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 disease outside this County.
When the County Veterinarian has determined that an infectious disease exists among animals in any area and the importation of animals from such area might spread such disease among the animals within the County of Orange, he shall notify the Board of Supervisors, designating and describing the area where such disease has been found and shall, with their approval, establish such quarantine restrictions as the circumstances shall warrant. The County Veterinarian may refuse to permit shipments of animals from such areas to the County of Orange unless accompanied by a certificate signed by State or Federal veterinarian certifying that the animals for which such certificate is issued are not infected with or exposed to an infectious disease. Any animals entering the County of Orange from any area so described and designated without such a certificate may be quarantined by the County Veterinarian and confiscated or disposed of in such manner as to eliminate any danger of the animals within the County of Orange being exposed to infection from such disease.
(Code 1961, § 41.105)

Secs. 4-1-159—4-1-163. Reserved.

Sec. 4-1-164. Investigation of diseased animals within County.
The County Veterinarian shall investigate all reports of the presence of infectious diseases affecting animals within the County of Orange. He is authorized to enter any premises where animals are kept, or on which he has reason to believe that animals are kept, in order to carry into effect the provisions of this article, and it shall be unlawful for any person to interfere with 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 disease affecting animals in the County of Orange, the County Veterinarian shall establish such quarantine, sanitary, testing, immunizing and control measures as may be necessary to control or eradicate such 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 been kept, and thereafter it shall be unlawful for any person to break such quarantine or to move or allow to be moved any such animals from within the premises thus quarantined, or across the quarantine line so established, without first obtaining permission from the County Veterinarian. If, after inspection, the County Veterinarian shall deem it proper to issue such a permit he may cause such animal, premises and vehicles of transportation and any infected materials, equipment or effects to be properly cleaned and disinfected.
(Code 1961, § 41.106)

Sec. 4-1-165. Damage or removal of quarantine notice.
It shall be unlawful for any person, during the existence of such quarantine, to remove, tear, deface, mutilate, obscure or otherwise destroy or interfere with any placard, notice or proclamation declaring such quarantine.
(Code 1961, § 41.107)

Sec. 4-1-166. Reserved.
Editor’s note(s)—Ord. No. 98-16, § 1, adopted December 8, 1998, amended the Code by repealing § 4-1-166 in its entirety. Former § 4-1-166 pertained to removal of livestock from slaughterhouse, and derived from the Code of 1961, § 41.108.

Sec. 4-1-167. Livestock affected with contagious, infectious or communicable disease.
It shall be unlawful for any person to bring into or receive into the County of Orange any performing animals or horses or livestock known to be affected with any contagious, infectious or communicable disease, unless such animals are specifically permitted to enter the State of California and the County of Orange under Federal or California State regulations, and then only under the conditions and for the purpose prescribed in the Federal and State regulations governing movement of livestock or performing animals or horses.
(Code 1961, § 41.109; Ord. No. 98-15, § 35, 12-8-98)

Sec. 4-1-168. Reserved.
Editor’s note(s)—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 identification of dairy cattle, and derived from the Code of 1961, § 41.1010.

Secs. 4-1-169—4-1-173. Reserved.

Sec. 4-1-174. Tuberculin injection.
No person shall inject, or cause to be injected, tuberculin into any cattle or performing animals or horses except when used in connection with a tuberculin test as defined in section 4-1-154 of this article.
(Code 1961, § 41.1011; Ord. No. 98-15, § 36, 12-8-98)

Sec. 4-1-175. Tuberculin test—Removal of cattle or performing animals or horses before completion prohibited.
No person shall move any cattle or performing animals or horses upon which a tuberculin test has been started until the same shall have been completed without the permission of the veterinarian conducting such test, nor shall any person in any way interfere with such tests.
(Code 1961, § 41.1012; Ord. No. 98-15, § 36, 12-8-98)

Sec. 4-1-176. Examination and testing for tuberculosis.
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)

Sec. 4-1-177. Identification of cattle or performing animals or horses afflicted with tuberculosis—Slaughter restricted.
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 “T” shall be three (3) inches in height from top to bottom and two (2) inches wide at the top and the branding edge shall be not less than one-quarter (¼) of an inch in width. No animals so branded shall be slaughtered or disposed of in any manner or removed from the premises where located when branded unless permission is first obtained from the County Veterinarian or from the Director of the State Department of Agriculture.
(Code 1961, § 41.1014; Ord. No. 98-15, § 36, 12-8-98)

Sec. 4-1-178. Livestock or performing animals or horses to be confined for examination and testing.
The owner or person in charge of livestock or performing animals or horses shall properly confine in stanchions or chutes any livestock or performing animals or horses which the County Veterinarian may designate for examination, injection, vaccination, observation, administration of tuberculin mallein or for other tests or purposes. If the owner or person in charge refuses to properly confine such livestock or performing animals or horses for examination, test or vaccination as requested, the County Veterinarian may employ help and incur such expense as is necessary to properly control such livestock or performing animals or horses for the purpose mentioned. The expenses incurred shall be a lien upon said livestock or performing animals or horses and shall be recovered by action in the name of the County of Orange unless paid within ten (10) days after written notice of the amount has been given by the County Veterinarian to the owner or person in possession of said livestock or performing animals or horses.
(Code 1961, § 41.1015; Ord. No. 98-15, § 36, 12-8-98)

Sec. 4-1-179. Duty to report information.
Any person having knowledge of the presence of an infectious disease in livestock or performing animals or horses shall report same to the County Veterinarian. All persons owning or having control of livestock or performing animals or horses shall assist the County Veterinarian in enforcing the provisions of this division and shall obey all orders of the County Veterinarian made for the control and eradication of infectious disease, the sanitation of premises, destruction of livestock or performing animals or horses and disposal of carcasses, manure, offal and refuse.
(Code 1961, § 41.1016; Ord. No. 98-15, § 36, 12-8-98)

Sec. 4-1-180. Violation.
All animals including performing animals or horses brought into the County of Orange in violation of any of the provisions of this division shall be subject to quarantine, examination and test, at the expense of the owner, by the County Veterinarian, who may dispose of such livestock or performing animals or horses to protect the public health and health of domestic animals of the County of Orange.
(Code 1961, § 41.1017; Ord. No. 98-15, § 36, 12-8-98)

Secs. 4-1-181—4-1-190. Reserved.

ARTICLE 11. RESERVED

Secs. 4-1-191—4-1-222. Reserved.