Orange County Municipal Code Art. 1 General

Footnotes:

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Editor's note— Section 1 of Ord. No. 2836, adopted May 6, 1975, repealed former art. 1, §§ 4-1-1—4-1-6, relating to the administration and enforcement of div. 1 and the disposition of dead animals. Said former sections were derived from Code 1961, §§ 41.011—41.016. Section 2 of said ordinance enacted a new art. 1 as herein set out.

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)

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)

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— 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)."

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

(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)

The Director is charged with the administration of this division.

(Ord. No. 2836, § 2, 5-6-75)

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)

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)

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)

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)

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)

(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)

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)

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)