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6102FOLLOWS: ORDINANCE NO. 6102 AN ORDINANCE OF THE CITY OF ANAHEIM ADDING NEW CHAPTER 8.10 TO TITLE 8 OF THE ANAHEIM MUNICIPAL CODE RELATING TO BARKING DOG VIOLATIONS THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS SECTION 1. That new Chapter 8.10 be, and the same is hereby, added to Title 8 of the Anaheim Municipal Code to read as follows: "Chapter 8.10 Barking Dog Violations and Civil Fines 8.10.010 APPLICABILITY OF CHAPTER. .010 Notwithstanding any other provision of this Code to the contrary, this chapter makes any violation for keeping, maintaining, or permitting a barking dog as defined in Section 8.10.020 of this chapter subject to the civil fines set forth in this chapter and establishes the administrative procedures for the imposition, enforcement, collection, and administrative review of civil fines for barking dog violations pursuant to Government Code Section 53069.4 and the City's powers as a charter city. .020 The issuance of any civil citation under this chapter is solely at the City's discretion and is one option the City has to address barking dog violations. By adopting this chapter, the City does not intend to limit its discretion to utilize any other remedy, civil or criminal, including those public nuisance remedies otherwise provided by law. .030 The purpose of issuing civil citations pursuant to this chapter 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. 8.10.020 DEFINITIONS. The following definitions apply to the use of these terms for the purposes of this chapter: .010 "Animal Care Services" means the department within Orange County Health Care Agency authorized to perform the functions described in this Chapter and any other ordinance or law that delegates such authority to the Animal Care Services department or its director; or, in the event the provisions of this chapter are administered and enforced by employees of the City of Anaheim, such term shall mean the Community Preservation Division of the Planning Department of the City of Anaheim. .020 "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 for 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 or threatening to trespass upon private property in or upon which the dog is situated, or when the dog is being teased or provoked. 030 "City" means the City of Anaheim. .040 "Civil citation" means a notice issued pursuant to this chapter that there has been a violation of this chapter. 050 "County" means the County of Orange. .060 "Day or days" as used in this Article shall mean calendar day or calendar days, respectively, unless otherwise expressly provided. This time in which any act provided by law is to be done is computed by excluding the first day and including the last, unless the last day is a holiday, and then it is also excluded. .070 "Director" means the Director of Animal Care Services, or his or her designee; or, in the event the provisions of this chapter are administered and enforced by employees of the City of Anaheim, such term shall mean the Community Preservation Manager of the City of Anaheim. .080 "Enforcement Officer"means any Animal Care Services employee or agent designated in writing by the Director, or any Community Preservation Officer of the City of Anaheim. .090 "Hearing Officer" means a person appointed by the County Executive Officer or designee to serve as a Hearing Officer for administrative hearings and assigned to hear matters pursuant to this chapter, or any person appointed by the City Manager of the City to hold such hearings. .100 "Issued" means giving a civil citation to a violator. Issuance occurs on the date when a barking dog civil citation is personally served on the violator, or the date is mailed to the property where the barking dog is located or where the barking dog violation occurred, or the date the citation is posted in a conspicuous place either on the property where the barking dog is located or where the barking dog violation occurred. When service is made by posting, the barking dog citation shall also be mailed within 24 hours of posting to any address known for the violator. 2 .l 10 "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 chapter. .120 "Owner" means any person who possesses, has title to or an interest in, harbors or has control, custody or possession of a barking dog, and the verb forms of "to own" shall include all those shades of meaning. .130 "Responsible Person." A Responsible Person may also be referred to as a "violator" herein. A Responsible Person is any of the following: .01 A Person who allows a barking dog violation to exist, whether through willful action, failure to act, or failure to exercise proper control over a barking dog. .02 A person whose agent, employee, or independent contractor allows a barking dog violation to exist, whether through willful action, failure to act, or failure to exercise proper control over a barking dog. .03 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 violation occurs. .04 For purposes of the chapter, "person" includes a natural person or legal entity, and the owners, majority stockholders, corporate officers, trustees, and general partners of a legal entity. .05 For the purposes of this chapter, there may be more than one Responsible Person for a barking dog violations, and a minor at least 14 years of age may be a Responsible Person subject to the provisions of this chapter. 8.10.030 BARKING DOG CITATION - GENERAL. .010 Any Enforcement Officer has the authority to issue a civil citation to any Responsible Person for a barking dog 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. A Responsible Person to whom a civil citation is issued shall be liable for and shall pay to the City the fine or fines described in the barking dog citation when due. Where the Responsible Person is a minor under the age of eighteen (18) years, the minor's parents or legal guardian shall be liable for and held responsible for payment of their minor child's citation fines and/or late penalties. In any case, the Responsible Person (by his/her parents when the Responsible Person is under the age of eighteen) shall have the right to appeal the issuance of the citation pursuant to the provisions of this chapter. .020 Prior to issuing a civil citation for a barking dog, the Responsible Person shall be given a 10 -day period within which to correct the problem. 3 .030 Each day a barking dog violation exists beyond the initial 10 -day period allowed for correction shall be a separate violation and be subject to a separate citation and fine. A barking dog 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. 8.10.040 BARKING DOG CITATION CONTENTS. Each barking dog citation issued pursuant to this chapter shall contain the following information: .010 Date on which a complaint or personal inspection established the barking dog violations(s). known). .020 Name of the Responsible Person for the barking dog violations(s) (if .030 Address where the barking dog violations(s) occurred. 040 The code section(s) violated. .050 Whether the violations(s) were established by inspection or by complainant. .060 Amount of the fine for the violation(s) and procedure to pay the fine to avoid a late payment penalty. .070 Designation of prior civil citation issued for the same Code violation(s), if known by the Enforcement Officer. .080 Notification of an assigned administrative hearing date, time and location where the civil fine may be contested. .090 Description of the procedure for requesting a continuance of the assigned administrative hearing. .100 A notice that a barking dog 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. .110 Signature of the Enforcement Officer who issued the barking dog citation and/or civil fine. 120 Date upon which the barking dog citation and/or civil fine was issued. M .130 Proof of service to be completed by the Enforcement Officer indicating whether the citation was issued by personal service, by mail, or by posting in a conspicuous place on the property where the barking dog violation occurred. .140 A self-addressed envelope in which the violator can mail the civil fine if the citation is not contested. .150 Any other information deemed necessary by the Enforcement Officer for enforcement or collection purposes. 8.10.050 SERVICE OF BARKING DOG CITATION. A barking dog citation may be served by any of the following methods: .010 An Enforcement Officer may personally serve the barking dog 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. If the Responsible Person fails, refuses or is otherwise unable to sign the citation, that fact shall be noted on the citation at the time of personal service and such failure to sign shall not affect the validity of the personal service. .020 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 violation occurred. .030 An Enforcement Officer may post a copy of the barking dog citation in a conspicuous place on the property where the barking dog 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 violation occurred as reflected on the County's property tax rolls. A copy of the citation shall also be mailed within 24 hours of posting the citation addressed to "Resident" at the address where the barking dog violation occurred. 8.10.060 AMOUNT OF BARKING DOG CIVIL FINES. .010 Fines for violating the provisions of this chapter shall be as follows: Fine for First Barking Dog Violation Citation Issued (Per Citation): $250.00 Fine for Second Barking Dog Citation Issued within Same 12 -month Period (Per Citation): $275.00 Fine for Third Barking Dog Citation Issued within Same 12 -month Period (Per Citation): $303.00 5 Fine for Fourth Barking Dog Citation Issued within Same 12 -Month Period (Per Citation): $333.00 Fine for Fifth Barking Dog Citation Issued within Same 12 -Month Period (Per Citation): $366.00 Fine for Sixth and Subsequent Barking Dog Citations Issued within Same 12 -Month Period: (Per Citation) $403.00 .020 The amount due and owing for any fine, or portion thereof, not paid within fifteen (15) days of the due date thereof shall be double the unpaid fine amount. 8.10.070 PAYMENT OF BARKING DOG CIVIL FINES. .010 After receiving a barking dog violation citation, a violator shall respond by either of the following methods: .01 The violator may choose to correct the barking dog violation and pay the barking dog 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; or .02 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 the hearing Officer at the conclusion of the hearing if the hearing officer upholds the barking dog citation. The Hearing Officer may allow the violator an additional period of time within which to pay the fine if, in the Hearing Officer's sole discretion, such additional time for payment is necessary. .020 To avoid a late penalty, fines for barking dog violations must be received by the Director within fifteen (15) days of the date they are due as specified in paragraph .01 or .02 of subsection .010 above. .030 Payment of a fine shall not excuse the violator from correcting the barking dog violation. The issuance of a barking dog citation and/or payment of a fine shall not bar the County from taking any other enforcement action regarding a barking dog violation that is not corrected, including issuing additional barking dog citations and/or criminal complaints. .040 In the event that a fine imposed under the authority granted by this chapter, or any portion thereof, remains unpaid for fifteen (15) days after it is due and payable pursuant to paragraph .01 or .02 of subsection .010 above, an amount equal to the unpaid amount 6 shall be added as a late penalty and the late penalty and fine shall become due immediately, If a Hearing Officer upholds the issuance of a citation in an administrative hearing, the late penalty will be assessed if the fine is not paid as required at the conclusion of the hearing, or other time for payment determined by the Hearing Officer. 8.10.080 ADMINISTRATIVE HEARING. .010 Any person who receives a barking dog citation may contest it by appearing at the assigned administrative hearing date, time and location noted on the barking dog citation. A violator may contest the barking dog citation by denying that a violation occurred, by denying that it was not corrected within the original 10 day correction period, if applicable, or by denying that the violator is a Responsible Person for the violation. .020 If the citation fine is not paid prior to the assigned date and time of the administrative hearing noted on the barking dog 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 citation. 8.10.090 HEARING PROCEDURES. .010 Hearings shall be conducted by a Hearing Officer either: (i) on the date and at the time and place specified in the barking dog citation, or (ii) on the date assigned when a continuance pursuant to subsection .060 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. .020 The Director or his/her designee will provide all pertinent documents and records in the possession of Animal Care Services related to the barking dog citation are delivered to the Hearing Officer. .030 The violator and complainant shall be given the opportunity to testify and to present evidence relevant to the barking dog citation. A parent or legal guardian of a violator, who is a juvenile, under eighteen (18) years of age, must accompany the juvenile to the hearing or the administrative hearing will be deemed abandoned by the violator. Such abandonment shall also constitute a failure to exhaust administrative remedies concerning the violation set forth in the barking dog citation. 7 .040 The citation itself and accompanying complainant's affidavit signed under penalty of perjury attesting to the barking dog 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. .050 Neither the Enforcement Officer nor any other representative of the County or City shall be required to attend the hearing. However, any such appearance and/or additional submission may be made at the discretion of the Enforcement Officer or any other Animal Care Services employee. .060 The Director may continue a hearing once if a request for continuance is made showing good cause by a violator, a complainant, or a representative of the County or City. A Hearing Officer may also continue a hearing upon his or her own motion. All continuance requests shall either: (i) be made in person at the hearing, or (ii) be made by a written request received by the Director via e-mail, facsimile or letter at least seven calendar days prior to the hearing date. 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. 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 .090 below. .070 The hearing shall be conducted informally and the legal rules of evidence need not be followed. .080 The Hearing Officer does not have the authority to issue a subpoena or subpoena duces tecum. .090 The failure of the violator to appear at the hearing, unless the hearing was continued per subsection .060 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 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 .060 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. 8.10.100 ADMINISTRATIVE HEARING DECISION. .010 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 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. .020 If the Hearing Officer's decision is to uphold the barking dog citation, the civil fine imposed for the violation shall be due at the conclusion of the administrative hearing, or at some other time as directed by the Hearing Officer. If the decision is to dismiss the barking dog citation, the civil fine shall no longer be due and payable. .030 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. 8.10.110 RIGHT TO JUDICIAL REVIEW. .010 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 "City Clerk of the City of Anaheim, 200 South Anaheim Boulevard, Anaheim, California 92805." The Responsible Person must pay the appropriate Superior Court filing fee when the appeal is filed. .020 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. 8.10.120 COLLECTION OF UNPAID FINES. .010 The City at its discretion may pursue 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 chapter have been collected. .020 Failure to timely remit payment of a citation fine and/or late penalty authorized under subsection .040 of Section 8.10.070 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 1.01.370 of this Code, punishable by a fine of not more than one thousand dollar ($1,000) or by 7 imprisonment in the County jail for a period of not more than six (6) months or by both such fine and imprisonment. SECTION 2. SEVERABILITY The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence or word of this ordinance of the Code, hereby adopted, be declared for any reason to be invalid, it is the intent of the Council that it would have passed all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid. SECTION 3. SAVINGS CLAUSE Neither the adoption of this ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty or the penal provisions applicable to any violation thereof. The provisions of this ordinance, insofar as they are substantially the same as ordinance provisions previously adopted by the City relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. SECTION 4. PENALTY It shall be unlawful for any person, firm or corporation to violate any provision or to fail to comply with any of the requirements of this ordinance. Any person, firm or corporation violating any provision of this ordinance or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00) or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment. Each such person, firm or corporation shall be deemed guilty of a separate offense for each day during any portion of which any violation of any of the provisions of this ordinance is committed, continued or permitted by such person, firm or corporation, and shall be punishable therefor as provided for in this ordinance. 10 THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the 8h day of April, 2008, and thereafter passed and adopted at a regular meeting of said City Council held on the 22nd day of April, 2008, by the following roll call vote: AYES: Mayor Pringle, Council Members Hernandez, Kring NOES: Council Members Galloway, Sidhu ABSENT: NONE ABSTAIN: NONE CITY OF AN HEIM By MAYOR OF THE CITYA HEIM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM II AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA, ) ) ss. County of Orange ) I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above -entitled matter. I am the principal clerk of the Anaheim Bulletin, a newspaper that has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, on December 28, 1951, Case No. A-21021 in and for the City of Anaheim, County of Orange, State of California; that the notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: May 1, 2008 "I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct": Executed at Santa Ana, Orange County, California, on Date: May 1, 2008 Signature Anaheim Bulletin 625 N. Grand Ave. Santa Ana, CA 92701 (714) 796-2209 PROOF OF PUBLICATION Go 1 7� Proof of Publication of Paste Clipping of Notice SECURELY In This Space SUMMARY PUBLICATION CITY OF ANAHEIM ORDINANCE NO. 6102 AN ORDINANCE OF THE CITY OF ANAHEIM ADDING NEW CHAPTER 8.10 TO TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO BARKING DOG VIO- LATIONS Phis ordinance adds a new Ch ter 8.10 to Title 8 of the � ems nieipa Code, b� upon a similar provision the c°u^tY of Or e, relating to use of civil ci-` atioris to enforce barking dog violations and authorizing an- orcement by Orange County Animal Care Services. The or - finance clearly describes what is deemed to be a barking Jog, defines who is a responsible person for the barking Jog, gives OCACS authority to issue civil citations for viola - dons, and establishes an administrative hearing process for Rich citations. Me new procedures includes a personal visit by an Animal Control Officer with the dog owner to offer training tips and techniques for reducing barking and gives the dog owner len d to remedy the barking U after ten days Nie tg cwitxwes, and ori a sig' ned statement by the �aina�t, an Animal control 07Z can issue the dog owner or responsible party a civil citation for $250. The person cited may request an administrative hearing to dis- pnrte the citanon. If the violation continues, additional cita- Nona can be issued with an increasing fine amount up to $4 .00. M addition, the ordinance Includes provisions which authorise enforcement and administration of the ordi- nance by OCACS pursuant to contract with the City or by City enforcement officers. The ordinance also includes sep- aate provisions concerning fines and hearing procedures which would be applicable only to baling dog complaint enforcement in order to maintain consistency rvth the ordinance and facilitate enforcement by County per- i, Linda N. Andel, City Clerk of the City of Anaheim, do here- by certify that the foregoing is a summary of Ordinance No. 6102 which order was mtroduosd at a re�ula meetmy of the city Council of the City of Anaheim on fire &h day of April, 2008 and was duly passed and adopted ata regiWar meeting of said Council on the 22nd day of Aprit, 2008 by the following roll call vote of the members thereok AYES: May« Pringle, Council Members Hernandez, NOES: Council Members Galloway, Sldhu ABSENT: NONE ABSTAIN: NONE The above summary is a brief description of the subject matter contained in the text of Ordinance No. 6102, which Inas been �repaad pursuit to Section 512 of the Charter of the taty of Anaheim. This summary does not incRide or de- scribe every provision of the ordinance and should not be relied on as a substitute for the full tend of the ordinance. To obtain a copy of the full text of the ordinance, please contact Ute Office of the City Clerk, (714) 7655166, between 8:00 AM and 5:00 PM, Monday through FridaY. Thera is no charge for the copy. Publish A ti- ^+8c+ Moi 1 2006 25,3