|
Nuisance
Complaint Procedure
OC Animal Care
The Nuisance Animal Procedure* may be used if you reside in the
following cities:
* This procedure also applies to animals other than
barking dogs in all 19 cities serviced by Orange County
OC Animal Care.
If you do not live in
one of these cities, please see the
Barking Dog Procedure.
The legal definition of a
nuisance animal is found in Orange County Codified Ordinance
4-1-48:
“No person shall keep,
maintain, or permit, either willfully or through failure to
control, on any lot, parcel of land, or premises under his
control any animal which by sound or cry shall disturb the
peace and comfort of the inhabitants of the neighborhood or
interfere with any person in the reasonable and comfortable
enjoyment of life or property except noise on property used
for agricultural purposes which is normally associated with
animals on property used for such purposes.”
The entire process
for the Nuisance Complaint Procedure is as follows:
·
You, as the reporting party, initiate the first
complaint by mailing in the completed
Nuisance Complaint Form (343k PDF) - Click here.
If the owner’s dog is not currently licensed, an Animal Control
Officer will contact the owner in person. If the dog is
licensed, a postcard notifying the owner of the complaint is
sent.
about downloading files
·
If after 10 days the nuisance violation continues,
you must file a second complaint with OCAC through
Field Services Operations. If Operations is
not contacted within 90 days of the initial complaint, the file
will be purged. Upon second complaint, the dog owner is given
14 days to resolve the violation.
·
If the situation still exists after the 14-day
period, you must file a third complaint with OCAC through
Field Services Operations. At the third complaint, you will be
mailed a Nuisance Statement Form, including a sample statement
form and directions for completion of the form. This completed
form, when returned to OCAC, is used to document the history of
the situation.
· Once
the Nuisance Statement Form is received, OCAC will issue a
Notice to Abate (final warning) to the nuisance animal
owner. After this notice is hand delivered to the owner by an
Animal Control Officer, the owner is given 15 days to remedy the
nuisance violation.
·
If the problem remains unsolved after the 15 days,
the complainant must again contact Field Services Operations and
request a petition packet (legal evidence). The complainant
then has 45 days to complete the packet and return it to OCAC.
·
Once all information is received, reviewed and
deemed complete, OCAC will forward it to either the Orange County
District Attorney or the City Attorney with a request for a
criminal complaint. The action taken by either the District
Attorney or City Attorney will be based upon the information
that is supplied by the complaining party.
The ultimate
resolution of a complaint in court occurs only after all the
steps have been filed. The process is lengthy, but required if
the case proceeds to court. Information of the complaining
party will be kept confidential until the case is heard in
court.
For further questions or information about the Nuisance
Complaint Procedure, please contact
Field Services Operations
Hours of operation:
7:30am to 3:30pm Monday - Friday
(714) 935-6942
(714) 935-7699 FAX
|
