ANIMAL NUISANCES
It was brought to the attention of the Board of Directors that some homeowners may be experiencing nuisances by uncontrolled animals, specifically incessant dog barking at any time. It was moved, seconded and carried to approve the following policy when homeowners are experiencing any nuisance caused by uncontrolled animals.
Folllow ANIMAL NUISANCE COMPLAINT PROCEDURE, which is documented below.
Notify Perkcam Management Company, Inc. of your complaint in writing with the same information so that a file can be drafted on the offender and verification of the complaint attempted, in order that enforcement action may be taken.
Perkcam Management Company, Inc.
1000 West La Palma Ave.
Anaheim, CA 92801-3650
Attn : Ms. Sue Paxton
714-956-5720
NOTE: When a homeowner is ready to file the Request for Criminal Complaint, the Association's Management will provide, upon request, a letter of support indicating that other parties have complained about the same animal, if applicable.
ANIMAL NUISANCE COMPLAINT PROCEDURE
Orange County Animal Care Services (OCACS)
561 The City Drive South
Orange,CA 92868
Open seven days a week
Main line (714) 935-6848
www.ocpetinfo.com
THE BARKING DOG
Orange County Animal Care Services (OCACS) receives numerous calls daily regarding complaints of excessively barking dogs and other "noisy" animals. These calls are considered part of the "Nuisance Complaint Procedure." The following information will be helpful in determining whether a nuisance situation exists. It will also clarify the roles of OCACS and the parties involved in resolving the situation.
1. WHAT IS A "NUISANCE ANIMAL?"
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."
2. WHO DECIDES WHETHER AN ANIMAL IS A NUISANCE?
OCACS does not investigate whether the law is violated, nor does it determine consequences. If the case does proceed to court, a judge will hear evidence and then rule. OCACS does not "take sides;" rather, the agency's position is to assist both the complaining party and the dog owner in resolving the situation.
3. WHAT CAN I DO ABOUT A BARKING DOG IN MY NEIGHBORHOOD?
First, find the source of the disturbance. The owner's address, the description of the animal, and the time of disturbance are essential.
Second, contact the dog owner If the dog barks when the owner is not home, the owner may not know there is a problem. Once alerted to the possible situation, the owner can contact OCACS for advice.
Third, if the situation still exists, contact OCACS. The Operations Department oversees the Nuisance Complaint Procedure. Call clerks at the main line (714) 935-6848. (See "NUISANCE COMPLAINT PROCEDURE" below)
4. WHY CAN'T ANIMAL CARE SERVICES JUST COME TAKE THE DOG?
It is illegal and impractical. As OCACS does not judge whether the law has been violated, there are no legal grounds to remove a citizen's pet from private property. The Animal Care Center could not house even a small percentage of the number of "barking dogs." Even if room existed, many owners would redeem their dogs the next day and the situation would still exist.
5. I'VE FILED A COMPLAINT, WHAT HAPPENS NOW?
The Nuisance Complaint Procedure consists of a number of steps. The ultimate resolution of a court case occurs only after all the steps have been filed. (The majority of situations are resolved long before this final step.) The process is lengthy, but required if the case proceeds to court. The complaining party's identity will be kept confidential until the final steps.
NUISANCE COMPLAINT PROCEDURE
The complaining party initiates a complaint. 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 The complaining party is mailed a letter that details the complaint process.
The owner is given 7-10 days to resolve the situation. If the situation still exists, the complaining party must recontact OCACS. (If OCACS is not contacted within three months of the initial filing, the file will be purged.) A formal letter which defines the nuisance law and advises of possible legal action is mailed to the owner.
The owner is given 10-14 days to resolve the situation. If the situation still exists, the complaining party should call OCACS who will mail a Nuisance Statement Form. The complaining party uses this to report the history of the situation and returns the form to OCACS.
OCACS issues a Notice to Abate to the owner. A petition packet is mailed to complaining party. The owner is given 15 days to abate the problem. After 15 days, the complaining party and involved neighbors have 60 days to compile the petition packet (legal evidence). This is then returned to OCACS.
The case is reviewed by OCACS. An Animal Control Officer issues a Notice to Appear with a court date to the owner. Evidence is forwarded to court.
SUGGESTIONS FOR OWNERS :
Once a complaint has been filed, dog owners may have questions. Again, OCACS will not impound a dog solely for a nuisance complaint
If an owner needs advice, OCACS is more than willing to provide information on humane solutions.
Owners should interview neighbors to check if and when their dog may be a nuisance.
Owners are often concerned that the complaint is unfounded. OCACS realizes that some complaints are the result of other factors (misidentification, neighbor disputes, etc.). The procedure will continue until the evidence proves the complaint is unfounded.
NUISANCE CAT PROBLEMS
1. ARE CATS ALLOWED TO ROAM FREELY?
Orange County Code 4-1 -49, Private Property, states, "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."
2. WHAT IS GOOD ABOUT A FREE ROAMING CAT?
Nothing!! Many cat owners insist that it is unfair to keep cats confined inside a home. However, read on to see why it is unfair and unsafe to let cats run loose!
3. WHAT IS BAD ABOUT A FREE ROAMING CAT?
Cats allowed to run loose contribute to the already staggering statistics of pet overpopulation.
Territorial fights between free roaming cats often lead to serious injuries, even death.
Feline viral diseases can be contracted. Sometimes, even cats that are vaccinated against such diseases are susceptible.
Free roaming cats may become nuisances to neighbors, leaving paw prints on cars, scratching paint, or destroying gardens.
Cats allowed to run free are easy prey for urban coyotes.
Thousands of cats are killed by cars each year, sometimes right in front of their own homes.
Cats allowed to run loose may be stolen, killed or trapped.
Free roaming cats can inflict bites and / or scratches to passersby.
Loose cats may incite neighborhood dogs to bark and disturb the peace.
4. WHAT CAN YOU DO ABOUT YOUR NUISANCE CAT?
Keep your cat indoors!
Have your cat spayed or neutered to reduce its desire to go outside.
Keep plenty of cat playthings in your home to keep your kitty happy.
Make a soft platform by a window for your
cat to view the outdoors comfortably and safely.
5.. DO YOU OWN A NUISANCE CAT?
Take the following quiz to determine if your cat may be a neighborhood nuisance.
oes your cat leave your property when it is allowed outside?
Does your cat fight with other neighborhood cats during the night?
Have you seen your cat sleeping on top of neighbors' cars?
Does your cat use your neighbors' yards as a litter box?
If you own an unaltered female cat, is she allowed loose while "in season"?
Does your cat cause neighborhood dogs to bark while it roams freely?
Be honest"! If you answered "yes" to any of the above questions, your cat may be a neighborhood nuisance.
6. WHAT CAN YOU DO ABOUT A NEIGHBOR'S NUISANCE CAT?
Contact the cat's owner and let him / her know of the problem. Keep your tone friendly and courteous.
Offer the advice mentioned above (Sections 2 - 4).
If there is no improvement in the situation, you may humanely trap the roaming animal on your own property and turn it over to the Animal Care Center. (Humane traps are available for an inexpensive rental fee at local feed stores.) Be sure to provide Animal Care Center employees with the cat owner's information.
Ask your pet supply retailer to recommend a reliable cat repellant product and use as directed.
Do not leave pet food outside which may attract neighborhood pets.
Keep trash in tightly closed containers. Do not use plastic bags.
Do not feed wild birds on or near your property.
Spray unwelcome cats with a steady stream of water each time they come upon your property.
For garden protection, cover exposed earth with decorative rocks.
NOTE : If a neighborhood cat bites you, contact Animal Care Services and see your physician immediately.
7. IMPORTANCE OF ID
Should your cat ever become lost, give it a way to get back home. Have a current ID tag on your pet
8. WHAT ABOUT FERAL CATS?
Unfortunately, there are many feral (wild) cats in Orange County. They are a product of free roaming cats that are allowed to reproduce year after year. These cats do not have the benefit of human care and often suffer from diseases, injuries, hunger and exposure.
Feral cats may be trapped by private property owners as previously described. As with owned cats, they must be turned over to the Animal Care Center.
The Orange County Animal Care Center will accept cats in humane traps at the front gate from 7:00 AM until 10:30 PM, seven days a week. The cats will be removed from the trap at the facility, and then the trap will be immediately returned.
For safety reasons, officers in the field do not remove cats from traps, but will impound cats that have been confined in closed, cardboard boxes, pillow cases or burlap bags. These items cannot be returned to citizens.