1. Number: 300.15
SUBJECT: ANIMAL NUISANCE PROGRAM (NOISE) Page: 1
Date: 11/10/93
Approved: Ryan Drabek, Director Revised:
1/24/12
I. PURPOSE
To establish a uniform procedure for processsing Animal Noise Nuisance Complaints in
accordance with Title 4, Section 4-1-48 of the Orange County Codified Ordinance.
II. POLICY
It shall be the responsibility of the Staff Specialist assigned to the Barking Dog Civil Citation
Program in Operations to implement Oc Animal Care’s Animal Noise Nuisance Complaint
procedure and maintain all applicable records. The process is designed to satisfy the needs of
the public as well as the requirements of the judicial system.
III. SCOPE
This policy applies to all Field Operations personnel and OC Animal Care Staff Specialists.
IV. FORMS
Nuisance Complaint Instructions - Attachment A
Nuisance Complaint Form F042-12.2254 - Attachment B
Nuisance Notification Postcard F272-12.2222 (R9/00) - Attachment C
Second Notice Letter - Attachment D
Nuisance Statement Form Instructions - Attachment E
Statement Form F042-12.2115 (R9/93) - Attachment F
Sample Statement Form - Attachment G
County Notice to Abate Letter - Attachment H
Petition Package Instruction - Attachment I
Petition to Declare an Animal a Nuisance - Attachment J
Sample of a Barking Dog Log - Attachment K
Sample Diagram - Attachment L
Statement Form F042.12.2115 (9/93) - Attachment M
Criminal Complaint Request Form F026-37.15 (Rev. 12/01). - Attachment N
Declaration in Support of Arrest Warrant - Attachment O
V. REFERENCES
Not applicable.
VI. DEFINITIONS
2. Number: 300.15
SUBJECT: ANIMAL NUISANCE PROGRAM (NOISE) Page: 2
Date: 11/10/93
Approved: Ryan Drabek, Director Revised:
1/24/12
Not applicable.
VII. PROCEDURE
Complainants may complete a Nuisance Complaint Form in person at OC Animal Care, request
one be mailed by calling either the general public line or the Operations Department or by
printing the form via www.ocpetinfo.com. During the nuisance complaint process, the
complainant’s name and address will not be given to the animal owner. Complainants will be
informed that their identity will be public record only if the matter requires adjudication.
Animal owners who respond after receiving notification of a complaint and insist upon
obtaining complainant information will be referred to the OC Community Resources’
Custodian of Records Department. The Custodian of Records will advise an animal owner of
the applicable laws governing the release of information.
A. First Complaint.
1. Complainants will be advised that the ordinance relating to animal noise is not
applicable to noise generated by animals utilized in the production of crops,
livestock or poultry and is not enforceable through this section. It will also be
recommended to the complainants that they contact the animal owner personally
in an attempt to resolve the problem.
a. If the complainant is unwilling, unable or has already contacted the
owner without resolution, a Nuisance Complaint Instructions Packet
(Attachment A) explaining the process will be mailed to the complainant.
b. The Packet will include a Nuisance Complaint Form (Attachment B) and
a return envelope.
2. Upon the return of the completed Nuisance Complaint Form, the Staff Specialist
will initiate an Activity in Chameleon and mail a Nuisance Notification Postcard
listing the specific times of disturbance to the best of their ability. (Attachment
C).
a. If no owner information is on file, or the animal creating a noise nuisance
is a dog and the dog is not currently licensed or vaccinated, a second
sequence to the Activity will be generated for dispatch to an Animal
Control Officer (ACO).
3. Number: 300.15
SUBJECT: ANIMAL NUISANCE PROGRAM (NOISE) Page: 3
Date: 11/10/93
Approved: Ryan Drabek, Director Revised:
1/24/12
b. The ACO will contact the animal owner to obtain and verify ownership
information for update in Chameleon Activity and Tag windows.
c. If the animal is a dog, the ACO will determine whether the dog is in
compliance with licensing and/or vaccination ordinances. If the dog is not
currently in compliance, the ACO will either sell the owner a license or
issue a Notice to Appear (citation).
d. The ACO will also advise the owner that a complaint has been received
reference their animal creating a nuisance and offer any advice that could
resolve the problem or discourage the animal from creating a further
nuisance.
3. After a ten (10) day waiting period from the date the complaint was initiated, the
complainant may report a second complaint. The original Nuisance Complaint
will remain on file for ninety (90) days. If a second complaint is not received in
that time period, the complaint will expire and the complainant will have to
begin the process again.
B. Second Complaint
1. Second contacts regarding the same animal will be forwarded to the Staff
Specialist. The Staff Specialist will ensure the first step was completed and the
timing is suitable for additional action. All information received from the animal
owner or complainant during this and subsequent steps will be noted in the
Activity window and/or memo.
a. Complainants will be advised that a Second Notice Letter (Attachment D)
will be sent to the animal owner. (Using the “Operations Reports” format
in Chameleon entitled “Second Notice Letter”).
b. Complainants will also be advised that the animal owner has another
fourteen (14) days to resolve the noise problem prior to their filing a third
complaint.
C. Third Complaint
1. A third complaint is initiated when the complainant calls the Operations
Department requesting to proceed to the third step. A Nuisance Statement Form
(NSF) is mailed to the complainant complete with instructions and a sample of a
completed form. (Attachment E-G).
4. Number: 300.15
SUBJECT: ANIMAL NUISANCE PROGRAM (NOISE) Page: 4
Date: 11/10/93
Approved: Ryan Drabek, Director Revised:
1/24/12
2. The NSF must be signed by the complainant and filled out according to the
instructions provided.
3. Once the Staff Specialist receives the completed NSF, he/she will initiate a 15
day Notice to Abate (NTA) using the “Operations Reports” format in Chameleon
entitled “OC NTA Letter” (Attachment H). In Anaheim, an NTA will be written
using the format entitled “Anaheim NTA Letter”. The NTA will be hand
delivered by an ACO pursuant to an Activity sequence created by the Staff
Specialist, The ACO delivering the NTA will complete the following:
a. Verify the animal owners name listed on the NTA. If the name is
incorrect, the ACO will draw a single line through the name listed and
place the correct name(s) on the form.
b. Obtain the name and information of any other person(s) responsible for
the continuous care and custodianship of the dog. If the name is different
from the owner, the ACO is to add their name to the NTA.
c. The ACO must create and link the person to the dog through the Tag
Link window and create a memo in the Activity window describing the
custodial situation and/or relationship to the owner.
d. Advise the owner of the nature of the nuisance complaint and provide
information on ways to abate the nuisance. All requests for the
complainant’s identity will be referred to the OCCR Custodian of
Records.
e. If the owner is not currently in compliance with license and vaccination
laws, the ACO will issue a notice to appear (citation).
f. Obtain Driver’s License/Identification information from the animal
owner and/or custodian. Enter information on the Driver’s License or
Identification Information Form (Attachment H pg.3) which will be
attached to the NTA.
g. Secure the owner’s signature on both copies of the NTA. The officer will
also sign both copies, leaving the copy of the NTA for the owner and/or
custodian. The copy attached to the Driver’s License or Identification
Information Form will be returned to Operations.
h. Should the owner refuse to sign the NTA, Note “Refused to Sign” on
both copies and leave the owner or custodian his/her copy of the notice.
All other available information must be completed.
5. Number: 300.15
SUBJECT: ANIMAL NUISANCE PROGRAM (NOISE) Page: 5
Date: 11/10/93
Approved: Ryan Drabek, Director Revised:
1/24/12
i. Verify and update any and all animal information in the appropriate
Chameleon window(s).
4. Once the signed NTA has been returned, the Staff Specialist will mail a Petition
Package to the complainant. The Petition Package will include: Petition package
Instructions, a Petition to Declare an Animal a Nuisance Form, a Sample
Diagram, a Sample of a Barking Dog Log and 3 (three) Statement Forms
(Attachments I-M).
a. At least two (2) separate residents must sign the Petition to Declare an
Animal a Nuisance Form and complete a Written Statement Form. Only
in special circumstances, as determined by the Chief of Field Services,
will this condition be suspended.
b. The Petition Package must be filled out according to the directions and
returned to the Operations Department within sixty (60) days of the
delivery of the NTA.
5. Upon receipt of the completed Petition Package, the Staff Specialist will review
and submit it to the Chief of Field Services for approval. Once approved, the
Staff Specialist will initiate a Directions for Complaint Form (Attachment N) in
accordance with OCAC P&P 300.09.
a. Operations will maintain copies of all written documentation/evidence
concerning cases forwarded for Criminal Complaint.
b. The Staff Specialist will hand deliver the Directions for Complaint
(Attachment N) and the Declaration In Support of Arrest Warrant Form
(Attachment O) and the associated original nuisance file to the
appropriate court’s District Attorney’s office for consideration.
c. In Anaheim, the same forms will be submitted for criminal complaint as
in County cases. Two copies of all applicable forms and the file will be
hand delivered to the Senior Anaheim Code Enforcement Officer for
review and disbursement to the appropriate department.
NOTE: The Operations Desk Sergeant may be responsible for coverage of the phones
and handling requests and inquiries from the public with regard to the Animal Noise
Nuisance Program in the absence of the Staff Specialist.