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05 - Kennels in West Santa Ana Heights
Agenda Item No. 5 May 13, 2008 ORDINANCE NO. 2008 -12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, ADDING CHAPTER 7.35 TO TITLE 7 OF THE NEWPORT BEACH MUNICIPAL CODE; DELETING SECTION 7.04.090, AND AMENDING SECTIONS 7.04.010, 20.44.037(B)(3)(a) AND 20.44.037(D)(7)(b), ALL PERTAINING TO THE REGULATION OF KENNELS NOW THEREFORE, the City Council of the City of Newport Beach, Califomia, HEREBY ORDAINS as follows: SECTION 1: Chapter 7:35 of Newport Beach Municipal Code is hereby added to read as follows: Chapter 7.35 Sections: 7.35.010 Definitions. 7.35.020 Operator's Permit Required. 7.35.030 Application for Operator's Permit. 7.35,040 Police Department Review. 7.35.050 Operator's Permit Issuance and Denial. 7.35.060 Requirements of Operation. 7.35.070 Humane Animal Care. 7.35.080 Kennel Construction Standards, General. 7.35.090 Kennel Operating Standards, General. 7.35.100 Indoor Kennel Standards. 7.35.110 Outdoor Kennel Standards. 7.35.120 Kennels for Dogs. 7.35.130 Cat Enclosure Construction. 7.35.140 Rabies Vaccination. 7.35.150 Identification: 7.35.160 Fees. 7.35.170 New /Existing Permittees. 7.35.180 Transfer and Duration of Permits. 7.35.190 Suspension, Revocation, Denial and Appeal. 7.35.010 Definitions. Unless the particular provision of the context otherwise requires, the definitions and provisions contained in this section shall govern the construction, meaning, and application of words and phrases used in this chapter. "Cat" means any cat or feline. "Chief of Police" means the Chief of. Police of the City of Newport Beach, or E his /her designated representative. "Commercial kennel" means any place where more than three dogs over the age of four months, three cats over the age of four months, or three other animals are treated, conditioned, boarded, raised or offered for sale for any form of compensation including, but not limited to, donations by any person or entity. The definition of commercial kennel shall not include a kennel operated by a state - licensed veterinarian or any pet store. "Dog" means any dog or any canine. "Kennel" means any commercial kennel, non - profit kennel or private kennel. "Non- profit organization" means a non - profit organization, as defined in Section 501(c)(3) of the Internal Revenue Code. "Non - profit kennel" means any place owned or operated by a non -profit organization where more than three dogs over the age of four months, three cats over the age of four months, or three other animals are treated, conditioned, boarded, or raised and whose function is to rescue, care, feed and place animals with the.public either for no compensation or for donations. The definition of a non -profit kennel shall not include a location operated by a state - licensed veterinarian or any pet store. "Operator' means the legal owner, permit holder, or person in actual control of any activity involving animals at a kennel. `Owner" means the actual custodian of an animal, whether or not that person is the legal owner, the caretaker, or merely the possessor of an animal. Any person who registered as the owner on a license or other legal document shall be deemed an owner of the animal. "Primary enclosure" means any structure used to immediately restrict an animal or animals to a limited amount of space, such as a room, pen, run, cage, compartment, or hutch. "Private kennel" means any place where more than three dogs over the age of four months, three cats over the age of four months, or three other animals are treated, conditioned, boarded, or raised for which no compensation is received including; but not limited to, donations by any person or entity.. The definition of private kennel shall not include a location operated by a state - licensed veterinarian or any pet store. °Run" means the floor surface and cage, exclusive of the sleeping box, used to contain or maintain dogs, cats or other animals. 7.35.020 Operator's Permit Required. No person shall operate a kennel within the City without first obtaining an 8 operator's permit pursuant to this chapter. . 7.35.030 Application for Operator's Permit. A. Required Forms. Any person desiring an operator's permit for a kennel shall file a written application on the required forms prescribed by the Chief of Police who shall conduct an investigation. B. Required Information. The application for a commercial kennel or non- profit kennel shall contain or be accompanied by the following information: 1. The type of ownership of the business, i.e., whether by a sole proprietorship, partnership, corporation or otherwise. If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation or charter together with the State and date of incorporation and the names and residence addresses of each of its current officers and directors, and of each stockholder holding more than five percent of the stock of that corporation. If the applicant is a partnership, the application shall set forth the name and residence of each of the partners, including limited partners. If it is a limited partnership, it shall furnish a copy of its certificate of limited partnership filed with the Secretary of State. If one or more of the partners is a corporation, the provisions of this subsection pertaining to corporations shall apply. The applicant corporation or partnership shall designate one of its officers or general partners to act as its responsible managing. officer. 2. The precise name under which the commercial kennel or non - profit kennel is to be conducted. 3. The name and address of the owner and lessor of the real property upon or in which the commercial kennel or non - profit kennel is to be conducted. In the event the applicant is not the.legal owner of the property, the application must be accompanied by a copy of the lease and a notarized acknowledgment from the owner of the property that a commercial kennel or non -profit kennel will be located on his /her property. 4. All necessary information establishing that the proposed commercial kennel or non - profit kennel use complies with the zoning regulations of the City. 5. A list of the type(s) of animals proposed to be kept or used for any purpose, together with the estimated maximum number thereof. 6. The days and hours that the commercial kennel or non - profit kennel is open to customers or the public. 7. Authorization for the City, its agents and employees to seek verification of the information contained in the application. 3 8. Such other documents and information as the Chief of Police may require to determine the truth of the matters herein specified and as required to be set forth in the application. C. Verification. The application shall be completed and signed by the operator of the proposed kennel, if a sole proprietorship; all general partners, if the operator is a partnership; two officers or two directors, if the operator is a corporation; and one participant, if the operator is a joint venture. The person(s) signing the application for a kennel operator's permit shall certify under penalty of perjury that all information contained in the application is true and correct. D. Notification. If, during the term of a permit, the permit holder has any change in information submitted on the original or renewal application, the permit holder shall notify the Newport Beach Police Department of such change within ten (10) business days thereafter, in writing. E. Fees. Applications for a kennel operator's permit shall be accompanied by a fee as established by resolution of the City Council. Non -profit kennels shall not be charged any application or permit fee under this chapter. F. Waivers. The Chief of Police may waive the submission of items deemed unnecessary. 7.35.040 Police Department Review. A. Time Limits and Notification. Within thirty (30) calendar days of the filing of an application, the Chief of Police shall determine whether the. application is complete and notify the applicant in writing if the application is determined to be incomplete. B. Incomplete Applications. If the application is determined to be incomplete, the Chief of Police shall notify the applicant in writing and shall speedy those parts of the application which are incomplete and shall indicate the manner in which they can be made complete, including a list and thorough description of the specific information or materials needed to complete the application. Upon the receipt of the information or materials needed to complete the application, or any resubmittal of the application, a new thirty (30) calendar day review period shall begin to determine the completeness of the application. C. Extension of Time Limits. Extensions of the time limits of the review period are permitted when mutually agreed upon by the Chief of Police and the .applicant. 2 7.35.050 Operator's Permit Issuance and Denial. The Chief of Police shall issue such permit as requested, unless he /she makes any of the following findings: A. The applicant, if an individual; or any of the officers or directors of the corporation, if the applicant is a corporation; or a partner, if the applicant is a partnership; or a participant, if the operator is a joint venture; or any of operator's members, managers, volunteers or employees has: 1. Within eight years preceding the date of the application or a renewal application been convicted on two occasions of violating any statute, rule or regulation prohibiting cruelty to animals including, but not limited to, any conviction of Califomia Penal Code Sections 597, 597a, 597b, 597c, 597e, 597f, 597g, 597h, 5971, 597j, 597k, 597m, 597n, 5970, 597r, 597s, 597t, 597u, 597v, 597x, 597y, 597.1, 598, 598a, 598b, 598c, 598d, 599, 600, 600.2, or 600.5, or accepted a plea of guilty or nolo contendere to any lesser included or lesser related offense, in satisfaction of, or as a substitute for, any of the previously listed crimes; 2. Within eight years preceding the date of the application or a renewal application been convicted on two occasions of any offense in any other state which is the equivalent of any of the abovementioned offenses; 3. Been engaged in conduct in another jurisdiction which, if it had occurred within the City, would constitute grounds for denial, suspension or revocation under.this chapter; 4. Been subjected to a permanent injunction against the conducting or maintaining of a nuisance; 5. On two occasions, within the last eight years,. been engaged in conduct which would constitute an offense as described in subdivision (1) of this subsection, 6. Committed an act in another jurisdiction which, if committed in this State, would have been a violation of law and, which, if done by a permittee under this chapter, would be grounds for denial, suspension or revocation of the permit; 7. Been convicted of an act involving dishonesty, fraud, deceit or moral turpitude or an act of violence,:. which act or acts are related to the qualifications, functions or duties of the operator; 8. Has had a kennel operator permit or other similar license or permit denied, suspended or revoked for cause by a licensing authority or by any City, County or State; 9. Has made a false, misleading or fraudulent statement or omission of fact to the City in the permit application process; 10. Failed to submit an application that contains all of the information required by Section 7.35.030; 11. Has proposed a kennel that does not comply with all applicable laws, including, but not limited to, health, zoning, fire and safety requirements and standards; 12. Has, within eight years of the date of the application been convicted on two occasions of a criminal offense for violating the requirements of this chapter; 13. Has, within eight years of the date of the application, had a dog owned or under the persons control declared to be potentially dangerous or vicious. B. If the application is denied, the applicant may not reapply for a period of six months from the date the application was denied. C. No permit granted herein shall confer any vested right to any person or business. 7.35.060 Requirements of operation. A. All operators and managers of a commercial kennel or non - profit kennel shall comply with the following conditions and any other conditions specified by the Chief of Police: 1. No person granted a permit pursuant to this chapter shall use any name or conduct business under any designation not specified in his or her permit. 2. All commercial kennels and non - profit kennels required to be permitted under this chapter shall have a manager on the premises at all times the kennel is open to customers or the public. The operator of each kennel shall file a statement with the Chief of Police designating the person or persons with power to act as a manager. The operator and /or on duty manager shall post, on a daily basis, the name of each on duty manager in a conspicuous public place in the lobby of the commercial kennel or non - profit kennel. The operator, or the manager in the operator's absence, shall be responsible for ensuring compliance with this chapter. 3. An operator and /or on duty manager shall be responsible for the conduct of all employees, volunteers or independent contractors while they are on the permitted premises. Any act or omission of any employee, volunteer or independent contractor constituting a violation of the provisions of this chapter shall be deemed the act or omission of the operator for purposes of determining whether the operator's permit shall be revoked, suspended, denied or renewed. C.] 4. The Chief of Police shall establish the kind and maximum number of animals authorized to be maintained on the premises. The operator and/or duty manager shall not maintain, treat, condition, board, raise or offer for sale for any compensation, including but not limited to donations, at the commercial kennel or non - profit kennel any kind of animal not authorized by the Chief of Police and/or that exceeds the maximum kind and number of animals authorized by.the Chief of Police. 5. The operator shall report in writing any changes in address, ownership, or management to the Chief of Police at least fifteen (15) calendar days prior to such change. 6. Operator shall maintain a register of the names and addresses of person from whom animals have been received and to whom animals have been sold, traded, rented, leased, or given. This information shall be available to the Chief of Police upon demand. 7. A copy of these regulations shall be issued to each applicant for a permit. The applicant shall acknowledge receipt of such standards and shall agree to comply with same by signing a form provided for the purpose by the Chief or Police. Such form shall be filed with the application for a permit. 8. The operator shall' display the permit issued by the Chief of Police in the office, reception room, or other area accessible for inspection. 9. Each permit shall automatically terminate on the expiration date shown thereon unless, on or before such date, application for renewal has been submitted and approved as herein provided. 10. All operators, upon being granted a commercial kennel or non - profit kennel operator's permit, do thereby consent and agree to the entry upon the premises described in the permit by the Chief of Police or his/her authorized designee for the purpose of conducting such inspections as he/she may deem required. The inspections shall be conducted with the operator or manager present. 11. The operator shall comply with all provisions of this chapter, all conditions set by the Chief of Police, and any applicable provisions of this Code. B. All operators of a private kennel shall comply with the following conditions and any other conditions specified by the Chief of Police: 1. The Chief of Police shall establish the kind and maximum number of animals authorized to be maintained on the:premises. The operator shall not maintain, treat, condition, board, or raise any kind of animal not authorized by the Chief of Police and/or that exceeds the maximum kind and number of animals authorized by the Chief of Police. VA 2. The operator shall report in writing any changes in address, to the Chief of Police at least fifteen (15) calendar days prior to such change. 3. All animals maintained, treated, conditioned, boarded or raised at the premises shall be owned by the operator. 4. A copy of these regulations shall be issued to each applicant for a permit. The applicant shall acknowledge receipt of such standards and shall agree to comply with same by signing a form provided for the purpose by the Chief or Police. Such form shall be filed with the application for a permit. 5. All operators, upon being granted a kennel operator's permit, do thereby consent and agree to the entry upon the premises described in the permit by the Chief of Police or his/her authorized designee for the purpose of conducting such inspections as he /she may deem required upon seventy -two hours written notice. The inspections shall be conducted with the operator present. 6. Each permit shall automatically terminate on the expiration date shown thereon unless, on or before such date, application for renewal has been submitted and approved as herein provided. 7. The operator shall comply with all provisions of this chapter, all conditions set by the Chief of Police, and any applicable provisions of this Code. 7.35.070 Humane Animal Care. A. Sale of Puppies and Kittens. Every person who owns, conducts, manages or operates commercial kennel or non - profit kennel shall comply with each of the following conditions: 1. No puppy or kitten under the age of eight weeks shall be brought or shipped into the City for the express purpose of .selling the animal. Section 7.35.070(A)(1). shall not apply to non - profit kennels that accept a distressed puppy or kitten under the age of eight weeks from any other location. 2. Every puppy or kitten offered for sale must be examined by a state - licensed veterinarian for distemper, worms, skin disease and ear. mites, and other disease or conditions which would be injurious to. the animal or a potential owner. 3. Every puppy or kitten offered for sale including, but not limited to, donations from. any, person or entity, shall have been vaccinated against distemper. Documentation providing the date and treatment shall be provided to the purchaser or donor at the time of sale. B. Feeding and Watering: Every person who owns, conducts, manages or operates a kennel shall comply with each of the following conditions: 1. Animals shall be provided food which shall be free from contamination, wholesome, palatable, and of sufficient quantity and nutritive value to meet the normal daily requirement for the condition and size of the animal. 2. Food receptacles. shall be accessible to all animals and shall be located so as to minimize contamination by excreta. Feeding pans shall be durable and kept clean. The food receptacles shall be sanitized at least once every two weeks. Disposable food receptacles may be used but must be discarded after each feeding. Self feeders may be used for the feeding of dry food, and they shall be sanitized regularly to prevent molding, deterioration or caking of food. 3. Clean potable water shall be available to the animals in conformance with the principles of good animal husbandry unless restricted for veterinary care. Watering receptacles shall be kept clean and shall be sanitized at least once every two weeks. 7.35.080 Kennel Construction Standards, General. Every person who owns, conducts, manages or operates a kennel shall comply with each of the following conditions: A. Construction and Maintenance. Housing facilities for animals shall be constructed, equipped, and maintained so as to continuously provide a healthful and sanitary environment, as approved by the Chief of Police, for the animals kept or to be kept therein. B. Shelter and Exercise. There shall be adequate shelter from the elements and sufficient space for exercise. C. Waste Disposal. There shall be adequate drainage and satisfactory sanitary disposal of both natural precipitation and animal wastes of all kinds. If disposal is by a sanitary sewage system, it must comply with the provision of the California Plumbing Code and other applicable ordinances and regulations. 7.35.090 Kennel Operating Standards, General. Every person who owns, conducts, manages or operates a kennel shall comply with each of the following conditions: A. Good Citizenship. No person shall allow any animal for which they are responsible to constitute or cause a hazard, or to be a menace to the health, safety, or peace of the community. Each animal for which the person is responsible shall be kept in such a manner as may be prescribed to protect the animals.from the.public and the.public from the animals. B, Cruelty. Each person who is responsible for an animal shall take every reasonable precaution to. insure that animals are not teased, abused, mistreated, annoyed, tormented, or in any manner made to suffer by any person or means. Any tack, equipment, device, substance, or material that is or could be injurious or cause unnecessary cruelty to any animal is prohibited. Animals which are natural enemies, temperamentally unsuited, or otherwise incompatible shall not be quartered together or so near each other as to cause injury or torment. Antibark collars and sedatives shall not be used by operators on any animal without the written permission of the owner of the animal. C. Health. No person shall display any animal bearing evidence of malnutrition, ill health, unhealed injury, or having been kept in an unsanitary condition. Operator shall isolate sick or diseased animals from healthy animals at all times and in such a way that diseases or parasites will not be transmitted to other animals. The Chief of Police or his /her designee may order any animal to be examined and /or treated by a veterinarian. D. Vector Control. There shall be adequate and effective means of control of insects and rodents and such control must be vigorously maintained at all times. E. Waste Disposal. Each person shall provide for the daily disposal of all animal feces and wastes. If disposal is by other than a sanitary sewerage system, dead animals, manure, and wastes shall be collected not less often than daily, and shall be stored in fly -tight containers until removed. F. Escaped Animals. Operator has full responsibility for recapturing any animal that escapes. G. Exercise. All efforts to exercise animals shall be documented on a "Daily Exercise Log." This log shall.be. open to inspection by the Chief of Police. Logs shall be maintained for a period of one year. 7.35.100 Indoor Kennel Standards. Every person who owns, conducts, manages or operates a kennel shall comply with each of the following applicable conditions for indoor housing facilities: A. Heating. Kennels shall. be sufficiently heated when necessary to protect the animals from cold and to provide for their health and comfort. B. Ventilation. Kennels shall be adequately ventilated to provide for the health and comfort of the animals at all times. Such kennels shall be provided with fresh air by means of windows, doors, vents, or air conditioning and shall be so ventilated as to minimize drafts, odors, and condensation of moisture. Auxiliary ventilation, such as exhaust fans or vents or air conditioning, shall be provided when the temperature at the level. of the animals is 85° F. or higher. C. Lighting. kennels shall have ample and well distributed light by natural or artificial means adequate to permit routine, observation of the animals and /or proper cleaning of the facilities. 10 D. Interior Surfaces. Interior surfaces of commercial kennels and non - profit kennels shall be constructed and maintained so that they are substantially impervious to moisture and may be readily sanitized. E. Drainage. A suitable method shall be provided to rapidly eliminate excess water at commercial kennels and non - profit kennels. If drains are used, they shall be properly constructed and kept in good repair to avoid foul odors therefrom. If closed drainage systems are used, they shall be equipped with traps and installed in accordance with plumbing codes and applicable ordinances and regulations so as to prevent any backup of sewage onto the floor of the room. 7.35.110 Outdoor Kennel Standards. Every person who owns, conducts, manages or operates a kennel shall comply with each of the following conditions for outdoor housing facilities: A. When sunlight is likely to cause overheating or discomfort, sufficient shade shall be provided to allow animals kept outdoors to protect themselves from. the direct rays of the sun. B. The animals shall be provided with access to shelter to allow them to remain dry during inclement weather. C. When the atmospheric temperature falls below 50° F., sufficient clean bedding material or other means of protection from the weather shall be provided for those animals not acclimated thereto. 7.35.120 Kennels for Dogs. Every person who owns, conducts, manages or operates a commercial kennel or non -profit kennel housing dogs shall comply with each of the following conditions: A. Exterior Enclosed. The exterior of the commercial kennel or non - profit kennel area shall be completely fenced or otherwise enclosed. B. Run Sizes. All commercial kennels or non -profit kennels housing dogs shall have runs. Each single run shall have a minimum floor area of sixteen (16) square feet, not including the housing area, and the width shall be not less than three (3) linear feet. Each dog confined in such run shall be provided a minimum square footage of floor space equal to twice the mathematical square of the sum .of the length of the dog in inches, as measured form the tip of its nose to the base of its tail, plus six (6) inches, expressed in square feet. C. Run Construction. Runs shall be constructed to effectively enclose the dogs housed therein. Construction shall permit ready observation and handling of dogs confined, and also for ease of cleaning. Dogs belonging to different owners shall not be housed or penned together without the written approval of all 11 owners concerned. All runs shall be constructed as follows: 1. Concrete, asphalt, or other nonporous material, with a slope to a drain or gutter of not less than one -fourth inch per foot (1/4" per ft_); such drain or gutter shall be connected to an approved sewerage system as required by the California Plumbing Code; or 2. Pea gravel or other suitable material of sufficient thickness, and over an adequately porous base to assure that all liquids are readily drained away (no matter from what source) and that solid material can be readily removed and properly disposed of. The finding of heavy concentrations or parasite eggs in samples taken from the upper three (3) inches of the run floor shall be adequate evidence that the cleaning and sanitation of the run is not being satisfactorily accomplished; or . 3. Any manner which assures that all waste material can be easily removed and /or washed away, and that the run and surrounding area is sanitary and free from parasitic buildup. D. Commercial Kennels Boarding Dogs not Owned by The Operator or Owner of the Commercial Kennel. All commercial kennels shall require an owner's written statement that his dog(s) is immunized against distemper, hepatitis, and leptospirosis before accepting dogs for boarding or breeding. E. Housing Size. Primary enclosures must also comply with one of the following: 1. Regular Housing. The run must be contiguous with the enclosure, or other shelter acceptable to the Chief of Police which is continuously accessible and shall provide each dog housed therein a minimum square footage such that the dog can turn about freely and easily stand, jump, sit, or lie in 'a comfortable position. 2. Temporary Housing. For animals being transported in a vehicle, held at a pet show, or otherwise temporarily housed for not more than seventy- two (72) hours, or as otherwise specified by the Chief of Police, the house (cage, crate, etc.) must provide sufficient space to allow each dog to turn freely and to easily stand, sit, and lie in a comfortable position. After each twelve (12) hours of confinement in such an enclosure, the dog must be removed to an exercise area of not less than sixteen (16) square feet, for at least one full hour. The finding of a dog being forced to lie in its own excrement shall be considered evidence that the provisions of this section are being violated. F. Housing. Construction. All primary enclosures shall be structurally sound and maintained in good repair to protect the dogs from injury, to contain them and to keep predators out. They shall be constructed and maintained so as to enable the dogs contained therein to remain dry and clean, and to permit regular and effective sanitation. The dogs contained therein shall have convenient access to clean drinking water. If the floor is solid and the dog cannot exit at will, iPA there shall be newspapers, shavings, or other absorbent material on the floor. 7.35.130 Cat Enclosure Construction. Every person who owns, conducts, manages or operates a commercial kennel or non - profit kennel housing cats shall comply with each of the following conditions: A. Enclosures shall be constructed to effectively enclose the cats housed therein. B. Construction shall permit ready observation and handling of cats confined, and also ease of cleaning. C. There shall be elevated solid resting shelves or surfaces of adequate size to comfortably hold all occupants of the enclosure at the same time. D. Enclosures shall be floored in any manner which assures that all waste material can be easily removed and /or washed away, and that the enclosure and surrounding area is sanitary and free from parasitic build up. E. . The enclosure shall contain clean drinking water and a receptacle containing sufficient clean litter to contain the excreta. 7.35.140 Rabies Vaccination. It is the responsibility of the operator or on duty manager to be able to prove at any time that all dogs on the premises, which are over four (4) months of age, have been properly vaccinated against rabies. 7.35.150 Identification. A commercial kennel or non - profit kennel operator must maintain some type of animal or cage identification system by which the records required to be maintained in the office can be related to individual animals. A. For dogs required to be individually licensed, this shall consist of, (1) the license tag either on the dog, (2) the license tag number recorded and placed nearby so that it is readily identifiable with the dog to which it belongs, or (3) if the dog is not licensed, that fact shall be clearly noted on the kennel record. B. For a dog staying on a temporary basis, which is not required to be individually licensed, the custodian must have in his /her possession some identification and evidence of his/her relationship to the owner thereof. 7.35.160 Fees. The City Council shall establish by resolution, and from time to time may amend, the fees for the administration of this chapter. Fees required by this chapter shall be in addition to any required under any other chapter of this Code. Non - profit 13 kennels shall not be charged any fees associated with the administration of this chapter. 7.35.170 New /Existing Permittees. A. Commencing on the effective date of the ordinance codified in this chapter, all permits are to be issued in accordance with the provisions of this chapter. Any operator who does not have a permit, shall obtain a permit within ninety (90) days of the effective date of this ordinance. B. Existing operator's permits shall continue in effect until expiration or one year after the effective date of this ordinance, whichever is sooner. 7.35.180 Transfer and Duration of Permits. A. No permit issued hereunder shall be transferable to any other person or kennel. B. Operator's permits shall be for a period of three years provided that the operator continues to meet the requirements set out in this chapter. C. Applications for the next ensuing permit shall be filed with the Chief of Police before the expiration of the existing permit. Temporary permits will not be issued and renewal applications. must be filed no later than sixty (60) calendar days prior to the expiration of the permit to prevent a lapse of the permit. D. Renewal applications shall require such information as may be required by the Chief of Police to update the information contained in the original permit application. The applicant shall accompany the application for renewal with the appropriate filing fee established by resolution of the City Council. 7.35.190 Suspension, Revocation, Denial and Appeal. A. Violation and Noncompliance. The Chief of Police may deny an application for a permit, may refuse to renew a permit or may revoke or suspend an existing permit on the grounds that the applicant or permit holder has failed to comply with the permit conditions, based on the grounds set forth in Section 7.35.050 of this chapter or other requirements of this chapter. If a suspended permit lapses during the suspension period, a new application must be made at the end of the suspension period. In any such case, the applicant or permit holder shall have the right to appeal to and Administrative Hearing Officer in the time and manner set forth in this section. B. Notice. When the Chief of Police concludes that grounds for denial, suspension, revocation or refusal to renew an existing permit, the Chief of Police shall serve the applicant or permit holder, either personally or by certified mail addressed to the business or residence address of applicant or permit holder, with a notice of denial or notice of intent to suspend, revoke or refuse to renew existing permit. This notice shall state the reasons for the proposed action, the 14 effective date of the decision, the right of the applicant or permit holder to appeal the decision to an Administrative Hearing Officer, and the decision will be final if no appeal is filed within the time permitted. C. Appeal. 1. The right to appeal to an Administrative Hearing Officer shall terminate upon the expiration of fifteen (15) calendar days of the date of mailing of the notice. The notice of appeal. is to be sent to the Police Department of the City of Newport Beach. 2. In the event an appeal is timely filed, the suspension or revocation shall not be effective until a final decision has been rendered by the Administrative Hearing Officer. If no appeal is filed, the suspension or revocation shall become effective upon expiration of the period for filing appeals. 3. Procedures for appeals to an Administrative Hearing Officer shall be the same as the appeal procedures set forth in Chapter 1.05, except as expressly set forth in this Section. SECTION 2: Section 7.04.010 of Chapter 7.04 of Newport Beach Municipal Code is hereby amended to read as follows: 7.04.010 Definitions For the purpose of this chapter, certain words and phrases are defined and certain . provisions shall be construed as herein set forth, unless it is apparent from the context that a different meaning is intended. Dog. The term "dog" shall mean and include any canine. SECTION 3: Section 7.04.090 of Chapter 7.04 of Newport Beach Municipal Code is hereby deleted. SECTION 4: Section 20.44.037(B)(3)(a) of Chapter 20.44 of Newport Beach Municipal Code is hereby amended to read as follows: Commercial kennels when in conjunction with a single - family residence on the same building site, subject to obtaining a kennel operator permit pursuant to Chapter 7.35 of the Municipal Code. SECTION 5: Section 20.44.037(D)(7)(b) of Chapter 20.44 of Newport Beach Municipal Code is hereby amended to read as follows: Up to three dogs and three cats. Offspring are exempt up to the age of four months. The keeping of four or more dogs or four or more cats over the age of four months is also permitted subject to obtaining a obtaining a kennel operator permit pursuant to Chapter 7.35 of the Municipal Code. 15 SECTION 6: If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. SECTION 7: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the same to be published once in the official newspaper of the City, and it shall be effective thirty (30) days after its adoption. SECTION 8: This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, held on the 22nd day of April, 2008, and adopted on the 13th day of May, 2008, by the following vote, to wit: AYES, COUNCILMEMBERS NOES. COUNCILMEMBERS ABSENT COUNCILMEMBERS MAYOR ATTEST: CITY CLERK 16 CITY OF NEWPORT BEACH CC€ ICIL A'GE "MA • CITY COUNCIL STAFF REPORT 19�. 5, Agenda Item No. 5 April 22, 2008 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Police Department John Klein, Chief of Police, 949 644 3701, jklein @nbpd.org Jim Kaminsky, Captain, 949 - 644 -3720, jkamisky @nbpd.org SUBJECT: KENNELS IN WEST SANTA ANA HEIGHTS ISSUE: There are several animal boarding kennels in West Santa Ana Heights, recently annexed by the City of Newport Beach. Research and history on this issue was conducted as a result of the annexation, along with a review of the County of Orange Kennel Resolution. The City Attorney's Office was enlisted to assist the Police Department in developing an ordinance to regulate kennels within the City. • RECOMMENDATION: I respectfully recommend the City of Newport Beach add Chapter 7.35 to Title 7 of the Newport Beach Municipal Code. It is further recommended that section 7.04.090 be deleted and sections 7.04.010, 20.44.037 (B)(3)(a) and 20.44.037(D)(7)(b) be amended, all pertaining to the regulation of kennels. DISCUSSION: The Orange County Animal Control previously handled animal control services for the West Santa Ana Heights area prior to annexation by the City of Newport Beach. There are currently 12 dog boarding kennels on Riverside Drive. Historically, in their dealings with these kennels, the County of Orange experienced some issues relating to cleanliness, noise, and the welfare of animals housed in this area. Consequently, the County of Orange adopted Resolution No. 76 -626, which addressed these issues and worked quite effectively in regulating the kennels. This Resolution was in effect at the time of annexation and evaluated by the Animal Control Unit of the Newport Beach Police Department. The Animal Control Unit found the County Resolution to be not only an advocate for the animals but also a harmonious understanding between kennel operators, neighbors, and the County of Orange. The City Attorney's Office has assisted the Police Department in developing an ordinance that will take the County • Resolution and our City's needs to enhance the safety of animals boarded at kennels and improve the sanitary conditions of the kennels. It will also help to maintain the good relationship that currently exists between kennel operators and the citizens that live in the area. Kennels in West Santa Ana Heights April 22, 2008 Page 2 The Orange County Animal Control Unit also maintained a history of records as they apply to kennels in West Santa Ana Heights. Upon annexation, these records became part of the Newport Beach Police Department's Animal Control Unit. This Unit will maintain these records from a historical perspective as well as into the future. Approximately ten years ago, apartments were built adjacent to these kennels, and about five years ago, the County began to receive barking dog complaints from the apartment dwellers. To address this situation, the County of Orange partnered with the apartment operators and devised a mechanism wherein prospective renters were made aware of the kennels existence in writing prior to the signing of a lease. As a result of this cooperative work, very few noise complaints were received by the County from the area apartments. I would expect that this relationship be maintained. Prepared by: Jim Kaminsky, Captain Patrol/Traffic Division Commander Submitted by: 0, �,/- z �, � - Jo Klein C191EF OF POLICE Attachment: Ordinance — Regulation of Kennels C� • • ORDINANCE NO. 2008- • AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, ADDING CHAPTER 7.35 TO TITLE 7 OF THE NEWPORT BEACH MUNICIPAL CODE; DELETING SECTION 7.04.090, AND AMENDING SECTIONS 7.04.010, 20.44.037(B)(3)(a) AND 20.44.037(D)(7)(b), ALL PERTAINING TO THE REGULATION OF KENNELS NOW THEREFORE, the City Council of the City of Newport Beach, California, HEREBY ORDAINS as follows: SECTION 1: Chapter 7.35 of Newport Beach Municipal Code is hereby added to read as follows: Chapter 7.35 Sections: 7.35.010 7.35.020 7.35.030 • 7.35040 7.35.050 7.35.060 7.35.070 7.35.080 7.35.090 7.35.100 7.35.110 7.35.120 7.35.130 7.35.140 7.35.150 7.35.160 7.35.170 7.35.180 7.35.190 7.35.010 Definitions. Operator's Permit Required. Application for Operator's Permit. Police Department Review. Operator's Permit Issuance and Denial. Requirements of Operation. Humane Animal Care. Kennel Construction Standards, General. Kennel Operating Standards, General. Indoor Kennel Standards. Outdoor Kennel Standards. Kennels for Dogs. Cat Enclosure Construction. Rabies Vaccination. Identification. Fees. New /Existing Permittees. Transfer and Duration of Permits. Suspension, Revocation, Denial and Appeal Definitions. Unless the particular provision of the context otherwise requires, the definitions and provisions contained in this section shall govern the construction, meaning, and application of words and phrases used in this chapter. • "Cat" means any cat or feline. "Chief of Police" means the Chief of Police of the City of Newport Beach, or . it his /her designated representative. "Commercial kennel" means any place where more than three dogs over the age • of four months, three cats over the age of four months, or three other animals are treated, conditioned, boarded, raised or offered for sale for any form of compensation including, but not limited to, donations by any person or entity. The definition of commercial kennel shall not include a kennel operated by a state - licensed veterinarian or any pet store. "Dog" means any dog or any canine. "Kennel" means any commercial kennel, non - profit kennel or private kennel. "Non- profit organization" means a non - profit organization, as defined in Section 501(c)(3) of the Internal Revenue Code. "Non- profit kennel" means any place owned or operated by a non - profit organization where more than three dogs over the age of four months, three cats over the age of four months, or three other animals are treated, conditioned, boarded, or raised and whose function is to rescue, care, feed and place animals with the public either for no compensation or for donations. The definition of a non -profit kennel shall not include a location operated by a state- licensed veterinarian or any pet store. "Operator" means the legal owner, permit holder, or person in actual control of • any activity involving animals at a kennel. "Owner" means the actual custodian of an animal, whether or not that person is the legal owner, the caretaker, or merely the possessor of an animal. Any person who registered as the owner on a license or other legal document shall be deemed an owner of the animal. "Primary enclosure" means any structure used to immediately restrict an animal or animals to a limited amount of space, such as a room, pen, run, cage, compartment, or hutch. "Private kennel" means any place where more than three dogs over the age of four months, three cats over the age of four months, or three other animals are treated, conditioned, boarded, or raised for which no compensation is received including, but not limited to, donations by any person or entity.. The definition of private kennel shall not include a location operated by a state- licensed veterinarian or any pet store. "Run" means the floor surface and cage, exclusive of the sleeping box, used to contain or maintain dogs, cats or other animals. 7.35.020 Operator's Permit Required. • No person shall operate a kennel within the City without first obtaining an 2 operator's permit pursuant to this chapter. . • 7.35.030 Application for Operator's Permit. A. Required Forms. Any person desiring an operator's permit for a kennel shall file a written application on the required forms prescribed by the Chief of Police who shall conduct an investigation. B. Required Information. The application for a commercial kennel or non- profit kennel shall contain or be accompanied by the following information: 1. The type of ownership of the business, i.e., whether by a sole proprietorship, partnership, corporation or otherwise. If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation or charter together with the State and date of incorporation and the names and residence addresses of each of its current officers and directors, and of each stockholder holding more than five percent of the stock of that corporation. If the applicant is a partnership, the application shall set forth the name and residence of each of the partners, including limited partners. If it is a limited partnership, it shall fumish a copy of its certificate of limited partnership filed with the Secretary of State. If one or more of the partners is a corporation, the provisions of this subsection pertaining to corporations shall apply. The applicant corporation or partnership shall designate one of its officers • or general partners to act as its responsible managing officer. 2. The precise name under which the commercial kennel or non - profit kennel is to be conducted. 3. The name and address of the owner and lessor of the real property upon or in which the commercial kennel or non - profit kennel is to be conducted. In the event the applicant is not the legal owner of the property, the application must be accompanied by a copy of the lease and. a notarized acknowledgment from the owner of the property that a commercial kennel or non -profit kennel will be located on his/her property. 4. All necessary information establishing that the proposed commercial kennel or non - profit kennel use complies with the zoning regulations of the City. 5. A list of the type(s) of animals proposed to be kept or used for any purpose, together with the estimated maximum number thereof. 6. The days and hours that the commercial kennel or non -profit kennel is open to customers or the public. 7. Authorization for the City, its agents and employees to seek 40 verification of the information contained in the application. 3 8. Such other documents and information as the Chief of Police may • require to determine the truth of the matters herein specified and as required to be set forth in the application. C. Verification. The application shall be completed and signed by the operator of the proposed kennel, if a sole proprietorship; all general partners, if the operator is a partnership; two officers or two directors, if the operator is a corporation; and one participant, if the operator is a joint venture. The person(s) signing the application for a kennel operator's permit shall certify under penalty of perjury that all information contained in the application is true and correct. D. Notification. If, during the term of a permit, the permit holder has any change in information submitted on the original or renewal application, the permit holder shall notify the Newport Beach Police Department of such change within ten (10) business days thereafter, in writing. E. Fees. Applications for a kennel operator's permit shall be accompanied by a fee as established by resolution of the City Council. Non -profit kennels shall not be charged any application or permit fee under this chapter. F. Waivers. The Chief of Police may waive the submission of items deemed • unnecessary. 7.35.040 Police Department Review. A. Time Limits and Notification. Within thirty (30) calendar days of the filing of an application, the Chief of Police shall determine whether the application is complete and notify the applicant in writing if the application is determined to be incomplete. B. Incomplete Applications. If the application is determined to be incomplete, the Chief of Police shall notify the applicant in writing and shall specify those parts of the application which are incomplete and shall indicate the manner in which they can be made complete, including a list and thorough description of the specific information or materials needed to complete the application. Upon the receipt of the information or materials needed to complete the application, or any resubmittal of the application, a new thirty (30) calendar day review period shall begin to determine the completeness of the application. C. Extension of Time Limits. Extensions of the time limits of the review period are permitted when mutually agreed upon by the Chief of Police and the applicant. • 7.35.050 Operator's Permit Issuance and Denial. El The Chief of Police shall issue such permit as requested, unless he /she makes • any of the following findings: A. The applicant, if an individual; or any of the officers or directors of the corporation, if the applicant is a corporation; or a partner, if the applicant is a partnership; or a participant, if the operator is a joint venture; or any of operator's members, managers, volunteers or employees has: 1. Within five years preceding the date of the application or a renewal application been convicted on two occasions of violating any statute, rule or regulation prohibiting cruelty to animals including, but not limited to, any conviction of California Penal Code Sections 597, 597a, 597b, 597c, 597e, 597f, 597g, 597h, 5971, 597j, 597k, 597m, 597n, 5970, 597r, 597s, 597t, 597u, 597v, 597x, 597y, 597.1, 598, 598a, 598b, 598c, 598d, 599, 600, 600.2, or 600.5, or accepted a plea of guilty or nolo contendere to any lesser included or lesser related offense, in satisfaction of, or as a substitute for, any of the previously listed crimes; 2. Within five years preceding the date of the application or a renewal . application been convicted on two occasions of any offense in any other state which is the equivalent of any of the abovementioned offenses; 3. Been engaged in conduct in another jurisdiction which, if it had • occurred within the City, would constitute grounds for denial, suspension or revocation under this chapter; 4. Been subjected to a permanent injunction against the conducting or maintaining of a nuisance; 5. On two occasions, within the last five years, been engaged in conduct which would constitute an offense as described in subdivision (1) of this subsection, 6. Committed an act in another jurisdiction which, if committed in this State, would have been a violation of law and, which, if done by a permittee under this chapter, would be grounds for denial, suspension or revocation of the permit; 7. Been convicted of an act involving dishonesty, fraud, deceit or moral turpitude or an act of violence, which act or acts are related to the qualifications, functions or duties of the operator; 8. Has had a kennel operator permit or other similar license or permit denied, suspended or revoked for cause by a licensing authority or by any City, County or State; • 9. Has made a false, misleading or fraudulent statement or omission of fact to the City in the permit application process; 5 10. Failed to submit an application that contains all of the information required by Section 7.35.030; • 11. Has proposed a kennel that does not comply with all applicable laws, including, but not limited to, health, zoning, fire and safety requirements and standards; 12. Has, within five years of the date of the application been convicted on two occasions of a criminal offense for violating the requirements of this chapter; 13. Has, within five years of the date of the application, had a dog owned or under the persons control declared to be potentially dangerous or vicious. B. If the application is denied, the applicant may not reapply for a period of six months from the date the application was denied. C. No permit granted herein shall confer any vested right to any person or business. 7.35.060 Requirements of Operation. A. All operators and managers of a commercial kennel or non - profit kennel • shall comply with the following conditions and any other conditions specified by the Chief of Police: 1. No person granted a permit pursuant to this chapter shall use any name or conduct business under any designation not specified in his or her permit. 2. All commercial kennels and non - profit kennels required to be permitted under this chapter shall have a manager on the premises at all times the kennel is open to customers or the public. The operator of each kennel shall file a statement with the Chief of Police designating the person or persons with power to act as a manager. The operator and /or on duty manager shall post, on a daily basis, the name of each on duty manager in a conspicuous public place in the lobby of the commercial kennel or non -profit kennel. The operator, or the manager in the operator's absence, shall be responsible for ensuring compliance with this chapter. 3. An operator and /or on duty manager shall be responsible for the conduct of all employees, volunteers or independent contractors while they are on the permitted premises. Any act or omission of any employee, volunteer or independent contractor constituting a violation of the provisions of this chapter shall be deemed the act or omission of the operator for purposes of determining • whether the operator's permit shall be revoked, suspended, denied or renewed. 4. The Chief of Police shall establish the kind and maximum number of animals authorized to be maintained on the premises. The operator and /or • duty manager shall not maintain, treat, condition, board, raise or offer for sale for any compensation, including but not limited to donations, at the commercial kennel or non - profit kennel any kind of animal not authorized by the Chief of Police and /or that exceeds the maximum kind and number of animals authorized by the Chief of Police. 5. The operator shall report in writing any changes in address, ownership, or management to the Chief of Police at least fifteen (15) calendar days prior to such change. 6. Operator shall maintain a register of the names and addresses of person from whom animals have been received and to whom animals have been sold, traded, rented, leased, or given. This information shall be available to the Chief of Police upon demand. 7. A copy of these regulations shall be issued to each applicant for a permit. The applicant shall acknowledge receipt of such standards and shall agree to comply with same by signing a form provided for the purpose by the Chief or Police. Such form shall be filed with the application for a permit. 8. The operator shall display the permit issued by the Chief of Police in the office, reception room, or other area accessible for inspection. • 9. Each permit shall automatically terminate on the expiration date shown thereon unless, on or before such date, application for renewal has been submitted and approved as herein provided. 10. All operators, upon being granted a commercial kennel or non - profit kennel operator's permit, do thereby consent and agree to the entry upon the premises described in the permit by the Chief of Police or his /her authorized designee for the purpose of conducting such inspections as he /she may deem required. The inspections shall be conducted with the operator or manager present. 11. The operator shall comply with all provisions of this chapter, all conditions set by the Chief of Police, and any applicable provisions of this Code. B. All operators of a private kennel shall comply with the following conditions and any other conditions specified by the Chief of Police: 1. The Chief of Police shall establish the kind and maximum number of animals authorized to be maintained on the premises. The operator shall not maintain, treat, condition, board, or raise any kind of animal not authorized, by the Chief of Police and /or that exceeds the maximum kind and number of animals authorized by the Chief of Police. • 2. The operator shall report in writing any changes in address, to the Chief of Police at least fifteen (15) calendar days prior to such change. VA 3. All animals maintained, treated, conditioned, boarded or raised at . the premises shall be owned by the operator. 4. A copy of these regulations shall be issued to each applicant for a permit. The applicant shall acknowledge receipt of such standards and shall agree to comply with same by signing a form provided for the purpose by the Chief or Police. Such form shall be filed with the application for a permit. 5. All operators, upon being granted a kennel operator's permit, do thereby consent and agree to the entry upon the premises described in the permit by the Chief of Police or his /her authorized designee for the purpose of conducting such inspections as he /she may deem required upon seventy -two hours written notice. The inspections shall be conducted with the operator present. 6. Each permit shall automatically terminate on the expiration date shown thereon unless, on or before such date, application for renewal has been submitted and approved as herein provided. 7. The operator shall comply with all provisions of this chapter, all conditions set by the Chief of Police, and any applicable provisions of this Code. 7.35.070 Humane Animal Care. A. Sale of Puppies and Kittens. Every person who owns, conducts, manages • or operates commercial kennel or non - profit kennel shall comply with each of the following conditions: 1. No puppy or kitten under the age of eight weeks shall be brought or shipped into the City for the express purpose of selling the animal. Section 7.35.070(A)(1) shall not apply to non -profit kennels that accept a distressed puppy or kitten under the age of eight weeks from any other location. 2. Every puppy or kitten offered for sale must be examined by a state - licensed veterinarian for distemper, worms, skin disease and ear mites, and other disease or conditions which would be injurious to the animal or a potential owner. 3. Every puppy or kitten offered for sale including, but not limited to, donations from any person or entity, shall have been vaccinated against distemper. Documentation providing the date and treatment shall be provided to the purchaser or donor at the time of sale. B. Feeding and Watering. Every person who owns, conducts, manages or operates a kennel shall comply with each of the following conditions: • 1. Animals shall be provided food which shall be free from M contamination, wholesome, palatable, and of sufficient quantity and nutritive • value to meet the normal daily requirement for the condition and size of the animal. 2. Food receptacles shall be accessible to all animals and shall be located so as to minimize contamination by excreta. Feeding pans shall be durable and kept clean. The food receptacles shall be sanitized at least once every two weeks. Disposable food receptacles may be used but must be discarded after each feeding. Self feeders may be used for the feeding of dry food, and they shall be sanitized regularly to prevent molding, deterioration or caking of food. 3. Clean potable water shall be available to the animals in conformance with the principles of good animal husbandry unless restricted for veterinary care. Watering receptacles shall be kept clean and shall be sanitized at least once every two weeks. 7.35.080 Kennel Construction Standards, General. Every person who owns, conducts, manages or operates a kennel.shall comply with each of the following conditions: A. Construction and Maintenance. Housing facilities for animals shall be • constructed, equipped, and maintained so as to continuously provide a healthful and sanitary environment, as approved by the Chief of Police, for the animals kept or to be kept therein. B. Shelter and Exercise. There shall be adequate shelter from the elements and sufficient space for exercise. C. Waste Disposal. There shall be adequate drainage and satisfactory sanitary disposal of both natural precipitation and animal wastes of all kinds. If disposal is by a sanitary sewage system, it must comply with the provision of the California Plumbing Code and other applicable ordinances and regulations. 7.35.090 Kennel Operating Standards, General. Every person who owns, conducts, manages or operates a kennel shall comply with each of the following conditions: A. Good Citizenship. No person shall allow any animal for which they are responsible to constitute or cause a hazard, or to be a menace to the health, safety, or peace of the community. Each animal for which the person is responsible shall be kept in such a manner as may be prescribed to protect the animals from the public and the public from the animals. • B. Cruelty. Each person who is responsible for an animal shall take every. reasonable precaution to insure that animals are not teased, abused, mistreated, annoyed, tormented, or in any manner made to suffer by any person or means. 9 Any tack, equipment, device, substance, or material that is or could be injurious or cause unnecessary cruelty to any animal is prohibited. Animals which are • natural enemies, temperamentally unsuited, or otherwise incompatible shall not be quartered together or so near each other as to cause injury or torment. Antibark collars and sedatives shall not be used by operators on any animal without the written permission of the owner of the animal. C. Health. No person shall display any animal bearing evidence of malnutrition, ill health, unhealed injury, or having been kept in an unsanitary condition. Operator shall isolate sick or diseased animals from healthy animals at all times and in such a way that diseases or parasites will not be transmitted to other animals. The Chief of Police or his/her designee may order any animal to be examined and/or treated by a veterinarian. D. Vector Control. There shall be adequate and effective means of control of insects and rodents and such control must be vigorously maintained at all times. E. Waste Disposal. Each person shall provide for the daily disposal of all animal feces and wastes. If disposal is by other than a sanitary sewerage system, dead animals, manure, and wastes shall be collected not less often than daily, and shall be stored in fly -tight containers until removed. F. Escaped Animals. Operator has full responsibility for recapturing any animal that escapes. • 7.35.100 Indoor Kennel Standards. Every person who owns, conducts, manages or operates a kennel shall comply with each of the following applicable conditions for indoor housing facilities: A. Heating. Kennels shall be sufficiently heated when necessary to protect the animals from cold and to provide for their health and comfort. B. Ventilation. Kennels shall be adequately ventilated to provide for the health and comfort of the animals at all times. Such kennels shall be provided with fresh air by means of windows, doors, vents, or air conditioning and shall be so ventilated as to minimize drafts, odors, and condensation of moisture. Auxiliary ventilation, such as exhaust fans or vents or air conditioning, shall be provided when the temperature at the level of the animals is 85° F. or higher. C. Lighting. Kennels shall have ample and well distributed light by natural or artificial means adequate to permit routine observation of the animals and/or proper cleaning of the facilities. D. Interior Surfaces. Interior surfaces of commercial kennels and non - profit kennels shall be constructed and maintained so that they are substantially • impervious to moisture and may be readily sanitized. 10 E. Drainage. A suitable method shall be provided to rapidly eliminate excess • water at commercial kennels and nop- profit kennels. If drains are used, they shall be properly constructed and kept in good repair to avoid foul odors therefrom. If closed drainage systems are used, they shall be equipped with traps and installed in accordance with plumbing codes and applicable ordinances and regulations so as to prevent any backup of sewage onto the floor of the room. 7.35.110 Outdoor Kennel Standards. Every person who owns, conducts, manages or operates a kennel shall comply with each of the following conditions for outdoor housing facilities: A. When sunlight is likely to cause overheating or discomfort, sufficient shade shall be provided to allow animals kept outdoors to protect themselves from the direct rays of the sun. B. The animals shall be provided with access to shelter to allow them to remain dry during inclement weather. C. When the atmospheric temperature falls below 50° F., sufficient clean bedding material or other means of protection from the weather shall be provided for those animals not acclimated thereto. • 7.35.120 Kennels for Dogs. Every person who owns, conducts, manages or operates a commercial kennel or non -profit kennel housing dogs shall comply with each of the following conditions: A. Exterior Enclosed. The exterior of the commercial kennel or non - profit kennel area shall be completely fenced or otherwise enclosed. B. Run Sizes. All commercial kennels or non - profit kennels housing dogs shall have runs. Each single run shall have a minimum floor area of sixteen (16) square feet, not including the housing area, and the width shall be not less than three (3) linear feet. Each dog confined in such run shall be provided a minimum square footage of floor space equal to twice the mathematical square of the sum of the length of the dog in inches, as measured form the tip of its nose to the base of its tail, plus six (6) inches, expressed in square feet. C. Run Construction. Runs shall be constructed to effectively enclose the dogs housed therein. Construction shall permit ready observation and handling of dogs confined, and also for ease of cleaning. Dogs belonging to different owners shall not be housed or penned together without the written approval of all owners concerned. All runs shall be constructed as follows: • 1. Concrete, asphalt, or other nonporous material, with a slope to a drain or gutter of not less than one -fourth inch per foot (1/4" per ft.); such drain or 11 gutter shall be connected to an approved sewerage system as required by the California Plumbing Code; or • 2. Pea gravel or other suitable material of sufficient thickness, and over an adequately porous base to assure that all liquids are readily drained away (no matter from what source) and that solid material can be readily removed and properly disposed of. The finding of heavy concentrations or parasite eggs in samples taken from the upper three (3) inches of the run floor shall be adequate evidence that the cleaning and sanitation of the run is not being satisfactorily accomplished; or 3. Any manner which assures that all waste material can be easily removed and /or washed away, and that the run and surrounding area is sanitary and free from parasitic buildup. D. Commercial Kennels Boarding Dogs not Owned by The Operator or Owner of the Commercial Kennel. All commercial kennels shall require an owner's written statement that his dog(s) is immunized against distemper, hepatitis, and leptospirosis before accepting dogs for boarding or breeding. E. Housing Size. Primary enclosures must also comply with one of the following: 1. Regular Housing. The run must be contiguous with the enclosure, or other shelter acceptable to the Chief of Police which is continuously accessible • . and shall provide each dog housed therein a minimum square footage such that the dog can turn about freely and easily stand, jump, sit, or lie in a comfortable position. 2. Temporary Housing. For animals being transported in a vehicle, held at a pet show, or otherwise temporarily housed for not more than seventy - two (72) hours, or as otherwise specified by the Chief of Police, the house (cage, crate, etc.) must provide sufficient space to allow each dog to turn freely and to easily stand, sit, and lie in a comfortable position. After each twelve (12) hours of confinement in such an enclosure, the dog must be removed to an exercise area of not less than sixteen (16) square feet, for at least one full hour. The finding of a dog being forced to lie in its own excrement shall be considered evidence that the provisions of this section are being violated. F. Housing Construction. All primary enclosures shall be structurally sound and maintained in good repair to protect the dogs from injury, to contain them and to keep predators out. They shall be constructed and maintained so as to enable the dogs contained therein to remain dry and clean, and to permit regular and effective sanitation. The dogs contained therein shall have convenient access to clean drinking water. If the floor is solid and the dog cannot exit at will, there shall be newspapers, shavings, or other absorbent material on the floor. • 7.35.130 Cat Enclosure Construction. 12 Every person who owns, conducts, manages or operates a commercial kennel or non - profit kennel housing cats shall comply with each of the following conditions: A. Enclosures shall be constructed to effectively enclose the cats housed therein. B. Construction shall permit ready observation and handling of cats confined, and also ease of cleaning. C. There shall be elevated solid resting shelves or surfaces of adequate size to comfortably hold all occupants of the enclosure at the same time. D. Enclosures shall be floored in any manner which assures that all waste material can be easily removed and /or washed away, and that the enclosure and surrounding area is sanitary and free from parasitic build up. E. The enclosure shall contain clean drinking water and a receptacle containing sufficient clean litter to contain the excreta. 7.35.140 Rabies Vaccination. It is the responsibility of the operator or on duty manager to be able to prove at • any time that all dogs on the premises, which are over four (4) months of age, have been properly vaccinated against rabies. 7.3 5.150 Identification. A commercial kennel or non - profit kennel operator must maintain some type of animal or cage identification system by which the records required to be maintained in the office can be related to individual animals. A. For dogs required to be individually licensed, this shall consist of, (1) the license tag either on the dog, (2) the license tag number recorded and placed nearby so that it is readily identifiable with the dog to which it belongs, or (3) if the dog is not licensed, that fact shall be clearly noted on the kennel record. B. For a dog staying on a temporary basis, which is not required to be individually licensed, the custodian must have in his /her possession some identification and evidence of his /her relationship to the owner thereof. 7.35.160 Fees. The City Council shall establish by resolution, and from time to time may amend, the fees for the administration of this chapter. Fees required by this chapter shall • be in addition to any required under any other chapter of this Code. Non - profit kennels shall not be charged any fees associated with the administration of this chapter. 13 7.35.170 New /Existing Permittees. • A. Commencing on the effective date of the ordinance codified in this chapter, all permits are to be issued in accordance with the provisions of this chapter. Any operator who does not have a permit, shall obtain a permit within ninety (90) days of the effective date of this ordinance. B. Existing operator's permits shall continue in effect until expiration or one year after the effective date of this ordinance, whichever is sooner. 7.35.180 Transfer and Duration of Permits. A. No permit issued hereunder shall be transferable to any other person or kennel. B. Operators permits shall be for a period of three years provided that the operator continues to meet the requirements set out in this chapter. C. Applications for the next ensuing permit shall be filed with the Chief of Police before the expiration of the existing permit. Temporary permits will not be issued and renewal applications must be filed no later than sixty (60) calendar days prior to the expiration of the permit to prevent a lapse of the permit. D. Renewal applications shall require such information as may be required by • the Chief of Police to update the information contained in the original permit application. The applicant shall accompany the application for renewal with the appropriate filing fee established by resolution of the City Council. 7.35.190 Suspension, Revocation, Denial and Appeal. A. Violation and Noncompliance. The Chief of Police may deny an application for a permit, may refuse to renew a permit or may revoke or suspend an existing permit on the grounds that the applicant or permit holder has failed to comply with the permit conditions, based on the grounds set forth in Section 7.35.050 of this chapter or other requirements of this chapter. If a suspended permit lapses during the suspension period, a new application must be made at the end of the suspension period. In any such case, the applicant or permit holder shall have the right to appeal to and Administrative Hearing Officer in the time and manner set forth in this section. B. Notice. When the Chief of Police concludes that grounds for denial, suspension, revocation or refusal to renew an existing permit, the Chief of Police shall serve the applicant or permit holder, either personally or by certified mail addressed to the business or residence address of applicant or permit holder, with a notice of denial or notice of intent to suspend, revoke or refuse to renew existing permit. This notice shall state the reasons for the proposed action, the S effective date of the decision, the right of the applicant or permit holder to appeal the decision to an Administrative Hearing Officer, and the decision will be final if 14 no appeal is filed within the time permitted. • C. Appeal. 1. The right to appeal to an Administrative Hearing Officer shall terminate upon the expiration of fifteen (15) calendar days of the date of mailing of the notice. The notice of appeal is to be sent to the Police Department of the City of Newport Beach. 2. In the event an appeal is timely filed, the suspension or revocation shall not be effective until a final decision has been rendered by the Administrative Hearing Officer. If no appeal is filed, the suspension or revocation shall become effective upon expiration of the period for filing appeals. 3. Procedures for appeals to an Administrative Hearing Officer shall be the same as the appeal procedures set forth in Chapter 1.05, except as expressly set forth in this Section. SECTION 2: Section 7.04.010 of Chapter 7.04 of Newport Beach Municipal Code is hereby amended to read as follows: 7.04.010 Definitions. • For the purpose of this chapter, certain words and phrases are defined and certain provisions shall be construed as herein set forth, unless it is apparent from the context that a different meaning is intended. Dog. The term "dog" shall mean and include any canine. SECTION 3: Section 7.04.090 of Chapter 7.04 of Newport Beach Municipal Code is hereby deleted. SECTION 4: Section 20.44.037(B)(3)(a) of Chapter 20.44 of Newport Beach Municipal Code is hereby amended to read as follows: Commercial kennels when in conjunction with a single - family residence on the same building site, subject to obtaining a kennel operator permit pursuant to Chapter 7.35 of the Municipal Code. SECTION 5: Section 20.44.037(D)(7)(b) of Chapter 20.44 of Newport Beach Municipal Code is hereby amended to read as follows: Up to three dogs and three cats. Offspring are exempt up to the age of four months. The keeping of four or more dogs or four or more cats over the age of four months is also permitted subject to obtaining a obtaining a kennel operator permit pursuant . to Chapter 7.35 of the Municipal Code. SECTION 6: If any section, subsection, sentence; clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision 15 shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this • ordinance, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. SECTION 7: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the same to be published once in the official newspaper of the City, and it shall be effective thirty (30) days after its adoption. SECTION 8: This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, held on the _ day of 2008, and adopted on the _ day of 2008, by the following vote, to wit: AYES, COUNCILMEMBERS NOES, COUNCILMEMBERS ABSENT COUNCILMEMBERS MAYOR ATTEST: CITY CLERK 16 • • Subject Community Noise COMMUNITY NOISE tom; -''`' • ••', ••)' i In the noise pollution field, your type of problem is called communii�y q, . noise. It is usually, but not always addressed by zoning an i, tt ordinances. Solving community noise problems, however, is often much more difficult than.just calling the police. Sometimes the police ° -ar.'e;� unwilling to intervene, especially if the violator is a local bus ness`z -;,; or a neighbor with political power. Often in cities with violeen� �riilce .; problems, noise enforcement has a low priority. Occasionallyyiith'e officers might not even be familiar with the city's ordinance. Sometimes ordinances are poorly written and difficult to enforce. To increase the likelihood that you will be able to solve the noise problem, we suggest that before you rush to call the police, that you take some time to learn about noise, its effects,.and other possible solutions. We have found that if you are well prepared, you are more likely to solve the problem. Below you will find a checklist of five things you should do to prepare to solve the problem and five different approaches to solving the problem. PART ONE: PREPARE TO SOLVE THE PROBLEM The following checklist helps you prepare to solve the noise problem. You should: 1) Gain a general understanding of noise 2) Research your local rules and regulations, and state and federal regulations when appropriate 3) Document the problem 4) Find as many solutions to the problem as possible •51 Find others who are bothered by the problem These steps are described in more detail below. 1) Gain a general understanding of noise a) Introduction to Noise Noise is any unwanted sound. The word "noise" comes from the Latin word "nausea, ".meaning "seasickness." .Noise that is experienced by people who did not produce it is "second -hand sound," and is among the most pervasive pollutants today. Community noise sources include garbage trucks, construction equipment, manufacturing processes, lawn mowers, .leaf blowers, boom boxes, boom cars, or car alarms, to name a few. t I Second -hand sound is a problem not only because it is unwanted, but also because it negatively affects human health and well- being. Like second -hand smoke, it has detrimental effects on pe w had no part in creating it. These includ Baring loss, increased stress -- - and blood pressure; sleek epfl ss,)distraction, los productivity, and a general reduction in the quality of life and opportunities for http: /tus.f56O. mail. yahoo.comlym /ShowLetter?Wx= noise %2Oresearch&Msgld =8181 _814131 _5... 4/9/2008 .R May Ranck • PO Box 3244 �. r � Costa Mesa, CA 926211 tranquillity_ • The immediate cause of noise pollution is a failu of L d yiAua_ ? end businesses to recognize that the air around us i "common property - shared by everyone. No one has a right to fill it with not more than they have the right to fill it with noxious fumes, or to park their car in the middle of the street. Although they often don't realize it, _noisy neighbors are in fact bullies, claiming rights and.freedoms that are not theirs, while degrading a precious resource -peace and quiet -that belongs to everyone. b) The Online Library The NPC Online Library can give you a working knowledge of the human health effects of noise. Most of our resources about noise and its impacts are within our website. I'd like to highlight several features of the website. The NPC Online Library contains many books, papers, journal articles, and studies concerning noise. The library can be reached from our homepage at Ittp: / /•,.,ww.nonoJ. se, org or by its specific address: http: -!: w ;aw. renoise. org /librar} . h!:m The four documents cited below can be found in the Online Library For background information on noise, see "Noise and Its Effects" (Suter, 1991). This report, written by a leading noise expert, provides the most comprehensive and up to date overview of the noise problem. It clearly illustrates the numerous reasons for concern about noise problems. The second half of the paper describes the health effects of noise. In addition, it provides an excellent noise bibliography. Check the "Noise Effects Handbook: A Desk Reference to Health and Welfare-Effects of Noise" (EPA, 1981). This handbook, from the EPA's Office of .Noise Abatement and Control, details the effects noise has on health in areas of communication, sleep, psychologically, physiologically, and community. Also see "Protective Noise Levels" (EPA, 1979). The EPA has identified decibel levels sufficient to protect public health and welfare from the effects of environmental noise: 55 decibels in the day, 45 decibels at night. See page 24 of "Protective Noise Levels" for these recommendations. Finally, if you want an understanding of the physics of noise, see "An Introduction to Sound Basics." c) Noise News The NPC Noise News feature contains summaries from newspaper articles dealing with noise from all over the world. It may be reached from our homepage at se.or , or by its specific address:: You miqht look in the "Community and Residential Noise" category for http:// us. i560.maii.yahoo.comlymIShowLetter ?box =noise lo26research &Msgld =8181 _814131 _5... 4/9/2008 FWking dogs impact the nervous system to trigger stress & emotional upset BarkingDogs.net Quieting Your This page is. part of the Harm section of barkingdogs.not Own Dog Page I of 2 .yersonaily " Silencing Your Go to the index for this, article Neighbor's Dogs wires, each connected to the next. When an electronic signal goes from one city to another over The Barking Laws and the Section One of a four -part article: why Exposure to Chronic Barking is So Profoundly Debilitating Courts particular types of neurons are like that. They carry electrical impulses from the brain in relay The Cause Introduction Barking Dogs Yahoo People who have never suffered through extensive exposure to chronic barking often find it The Curg difficult to understand why it should be such an incredibly upsetting, debilitating ordeal. This The Harm. Done section tells you why that is, beginning with a discussion of how our bodies reset to exposure to About This chronic noise.. More Information on Chro nic .Th e Physiology of ON Upset Victim Barking The various organs of your body are connected in a way you may not have thought of before. The. Noise. Your eyes, heart, lungs, digestive system, and the smooth muscles of your vascular system (among other organs) are all . connected to your brain by nerve cells, which are also Activist ,.Guide called neurons. The BArl Mg. Dog Picture the way telephone lines run across the country connecting one city to another. The News telephone line running from Los Angeles to San Francisco is not one continuous wire. It is many • wires, each connected to the next. When an electronic signal goes from one city to another over The _Barking the phone line, it travels in relay fashion from wire to wire until it. reaches its destination. These Dogs Forum particular types of neurons are like that. They carry electrical impulses from the brain in relay fashion, only instead of running from city to city, they run from the brain to the other organs of Barking Dogs Yahoo the body. Link.to_Us! Because the brain is wired up to these particular organs through the some relay system of neurons, it can simultaneously create changes in all the connected organs at once by sending electrical Impulses traveling along.the neural pathway. About This website_and If your brain sends electrical impulses along the neural pathway felting the connected organs to What You Can Do to_ Help speed up, the pupils of your eyes will open wider. Your heart will begin beating faster and your breathing will increase as your lungs begin to work harder_ Also, the smooth muscles of your vascular system will react in a way that reduces the blood flow to your hands and feet and The Kitchen Sink channels more blood deep into your body to the major organs. The one exception is your digestive system. When the speed -up message is sent, everything speeds up except your Expert Witness digestion, which slows down. The more things speed up, the greater the sense of tension we feel. When you feel emotionally upset in an excited, high energy sort of way, you are in a state "aw Ansmpj of autonomic speed up. Control.Org If your brain sends electrical impulses along the neural pathway telling the connected organs to Barkingdogs.net slow down, your pupils return to normal size and your heart rate and breathing slow. At the Home, Page same time, the smooth muscles of your vascular system channel more blood into your hands and feet and less to the major organs. As you might expect, when the slow -down message is sent, your digestive system reacts by speeding up. That's why digestion is a more pleasant process when you're relaxed than when you're tense. . The more things slow down, the more relaxed we are likely to feel. http:/,fbarkingdogs.net.!exposure0i.shtmI 7/14,'2007 _.fKing dogs impact the nervous system to trigger stress & emotional upset Page g 2 of 2 The Autonomic Nervous System & the Endocrine System The organs of the body that are beyond our conscious control, like those listed above, togat* with the nerves cells that connect them, are known as the Autonomic Nervous System (ANS). Notice that when you hear the sharp report of a barking dog, it gives you a start. Physically you feel yourself give a little jump and you experience a sudden sense of tension. That feeling is the autonomic nervous system speeding up the inner workings of your body. As the barking continues on, the he continue firing and you become increasingly tense. When a dog barks, he creates sound waves. Sound waves are real physical entities that have a real physical effect on our bodies. We can't see them, but they are there and they carry the output of the barking dog to the sensory hair cells of our ears ; which then carry the report of the sound into our brains. The brain, in turn, stimulates the ANS, which makes us feel tense. Hormones are chemicals manufactured within our bodies. Under certain conditions, those hormones are released into our blood streams by our body's various glands. Different hormones do different things. They regulate our growth, our metabolism, our sexual desires and our sense of well being and distress. While the ANS makes us feel tense, it is the endocrine system that makes us feel anxious when we are In dose proximity to a barking dog. Thera not surprising really. The hormonal. (endocrine) system is regulated by a pnrndtve )dart o►the•human brain that seems to respond instantly to the prtrnitive threats and messages o►desperation that are implicit in the voice of a chronioslly barking dog. That's part of why-badiing drives people wild. To really appreciate the impact that chronic barking has on :your autonomic and endocrine systems and, thus your a Motiorlatstate,.yeu mustalso•faclorrn the = length o► "time required fer our bodies >to retumto normal'`atter an acoustic shock like that whreh vve receive when :0 nearby dog releases a loud, sudden, Percussi+re burst of barking. If it happens•only antre, you may return to normal in a °matter of seconds. - However, with, each addibonafeplsode ofbarking, you systems IiWup more quickly, and -it takes a little longer to return to baseline. If it happens frequently enough, you wil►stlii be wound -up from tFfe last outburst when: the next one hits, with the xed i that you wilt be .Dreyer tense, and at no polnt'wiH: you ever be able to become truly relaxed. in your own Borne. ' Some people have an autonomic nervous system that works like greased lightening, while others have a relatively sluggish function of the ANS. The more readily your ANS fires up, the faster your endocrine system willAick in, and the longer it will take your body to return to a relaxed state after you are exposed to a flurry of barking. Go forward to section two of this article Go to the index for this article This page is part of the Harm section of barkingdogs.net VVdben by +':,,.y '' rar!sr 'r9CC nt r.n.'.VI:_: .rO i �•:G:,na Email us m •y. -r_ This website aM an its camera. e't . Ycwpt w"m omenvlse noted, am O (roPydght) Craig Mixon, Ed.n., 2003.20o7, http :,'7barkingdogs.net.'cxposure0 Lshtml 7;14/2007 • Banking Dogs Forum • Wednesday, June 27th, 2007 7:50 am Barking Dog Hell in L.A. [bd_webmaster].This posting was emailed to forum @barkingdogs.net by: Traci Los Angeles, California (USA) Page 2 of 14 in November 2006 1 moved into the greatest little house. After years of apartment living, this was everything 1 had hoped for. I made the extra room into an office and planned to finish writing my business plan and live happily ever after. On the backside of the house the bedroom and office both have large windows that face an open canyon -like street layout. Which is nice for viewing, awful for listening, sleeping or thinking. By February 2007, it became increasingly clear that there were a lot of dogs on the street directly below as well as across the way, east and west. By May I had discovered TWENTY FIVE in this area. There are also NINE dogs that live on the front side of my house. These THIRTY FOUR dogs occupy 17 addresses. I am aware of more dogs, but they are not a concern. When I first started complaining to friends and family... they listened but really just thought I was exaggerating about the amount of barking that I was experiencing. I realized that unless 1 recorded the barking, no one would believe me. I knew I had the burden of proof or I had no chance of getting any help. Thus began the recording and written documentation. After reviewing my recordings and documentation, I have established that there is a bark happening every EIGHT minutes. Sometimes more frequently, sometimes less. Some are brief some are not. Some are near, others far. BARKING DOGS DOMINATE THE SOUNDSCAPE. EVERY MORNING of my life 1 am awakened by barks. I think I have used an alarm clock ONCE since I have lived here. Once awake, I am kept awake not just by dogs, but by crows. Which I have concluded are just barking birds. For weeks, I have been awakened repeatedly between 100arn and 5:00am. On many occasions I have found myself getting out of bed and taking to the streets to find the culpri4s). 1 bring my drivers license, my recorder, my phone and pepper spray with me. I refer to this as a "dog run." I began sleeping in the recliner in the living room, the farthest point from the dogs. 1 was able to sleep with less interference but my back really started to hurt. I still fall asleep in the recliner, but I get up and go to the _ bedroom around 2 or 3am. If I am lucky I will fall asleep once 1 am back in bed. But 6:00am to 8:00 am the barking begins... from all around. It is like trying to sleep in the middle of a kennel. Not only is a barking dog what blasts me out of my sleep, but it pollutes my mind before 1 have a chance hear my own thoughts, starting my day in a negative mental state. 1 hear barks as I brush my teeth, make coffee, pick out a shirt and check my email, etc. During the day ... many, if not all of these dogs are kept outside. This is when the mailman, city and utility workers cause a spike in the barking. Unfortunately for me, working from home in my office proves difficult. The barking governs my sleep and my ability to concentrate: After 5pm as people come home, or don't, the barking can increase or sometimes, decrease. However, there is not much of a real decline until after 9pm. • With this toxic exposure to barking came the constant tension in my body. I have put on a few ugly pounds and look different than I did 4 or 5 months ago. Even my hair has shown depreciation, and I have seen a sudden burst of gray all over. It is fair to say that 1 am depressed and watch more television than usual. 1 attribute these http: // community .livejoumal.corfi/barkingdogs/ 7/20/2007 . mg Dogs t orum rage s or 1 y changes to nervousness and anxiety caused by the lack of quiet. The site of a dog repulses me now. It never• used to. Sleep depravation has certainly been a factor. 1 have had a few long term friendships end during this time. I am less alert, tired and have injured myself through clumsiness. Needless to say, my business plan remains unfinished. I have lost income and spent money dealing with this barking epidemic. On the occasions that I have spoken with or met dog owners about the barking, not only did I witness defensiveness, hostility and stupidity, I have been verbally assaulted and threatened within the first two minutes of dialog. All of which was captured by my cassette recorder in full view, red light on. The sound of a.distressed dog's bark translates into the equivalent of F "' F "* F "' !!! If I had listened to French languagi; tapes as much as I have dogs, I'd be fluent by now. P.S. If one more person suggests 1 try earplugs 1 am going to scream !! First of all, I have thought of EVERYTHING... trust me. C'mon now—don't act like it is some break -thru idea that I had overlooked. Secondly... THEY DON'T WORK 11 Okay ! Yes...! I have tried the foamies & the silicone kind..etc. PLEASE.. do not suggest them one more time... it is an insult to my intelligence and it is obvious that you do not understand the magnitude of the situation. K? Thanks. This posting is pan of the Forum section of barkingdogs.net W Cemwmutc... p. 0,10 Tuesday, June 26thi 2007 9:56 am Beware the Neighbors When it Comes Time Move (bd_webmasterj This posting was emailed to forum@barkingdogs.net by: Laura (Mc)Carlos Shulman Lighthouse Woods - .Anti -Noise Website Gilroy, California (USA) • Hi folks, 1 thought that you all might like to read this article that was published in the real estate section of the San Jose Mercury News, on June 2nd of this year. It is a worthy anti- noisy - neighbor article called Consider neighbors.as much as hardwood floors in house hunt. This posting is pan of the Forum section of bark ingdogs. net tz Sunday, June 24th, 2007 9:39 am An open Letter to the Hamptom Park City Council [bd_webmasterl This posting was emailed to fonzm@barkingdogs.net by: Matthew Ridgeway Hamptom Park, Victory (Australia) Gentlemen. I am absolutely serious on dog barking issues and the need for tougher dog legislation in this state and proper law enforcement by this council. 1 WILL NOT GIVE UP! You must take note of my efforts to correct a horrendous wrong inflicted upon my family due to the lacking performance and un- lawful management of dog barking by Police and the City of Casey. The Police have a mind set that dog barking is not a Police matter, yet in section 92 of the DFNA, it clearly describes the police as being able to enforce the law. Even so, a recent discussion to the Cranboume Police they make all efforts to avoid this task of enforcing the DFNA (Domestic (Feral and Nuisance) Animals Act). is Council too have much difficulty in recognising that local law number 2 and the description of "Unreasonable noise" is contrary to the intent of two acts of Parliament, the Health Act and the DFNA. httpJ/ community .livejoumal,conVbarkingdogs / 7/20/2007 impact of background noise on reaction time and br ... [Ergonomics. 20061 - PubMed Result Page I of I Search PubMed for L, n I its Pfeq:ewllodeK t iistof)j CtipLoafd Detaols Display Abstractlofus Show 20 stin By Send to All: 1 Review' 0 1: Fr9oponnics. 2006 Feb 10;49(2):202-8. Impact of background notate on reaction time and brain OC potential changes of VDT -based spatial attention, Trimmel M, Poelzi G. Medical UnVversVty of Vienna, DIE Public Health, Institute of Environmental Health, Kinderstiftalgasae 15, A-1095 Vienna, Austria. michaeI.nimmeIOmedunIwien.ai:.at Background noise Is often discussed In terms of mental costs. In this study the effect of background noise on brain activity as reflected by the direct coupled (DC) potential Was I linVes . .- ithin design In ten participants. During two ;tIlialted by a w successive blocks of 7 min each, Oartiripants performed 156 trials of a visual discilay termin6UNDT)-based vistial-sciailal atielition, task without noise and two and to cortical resources by widespread lnhfbftury activation through background noise. It •can be condudetitthat even low Intensity background noise It associated with energy c . onsturription and with Impaired performance In spatial attention. PMID: 16454145 [Putt - Indexed for MEDLINE) Display AbstractPlus Show 20 sort By Send ID • My NC81 [Sign Inj [Register] Related Links -9- outrophysiofocv�ai ev,deor:o for lempoia) altevto,i and r-p,", during human !ace ptoun"'of; :oof-face rprAignition 't, A"I.oded IM i.haftlode co6dupons; in event related nem paW""fudy2haiGj �pafpa) otterIN.h InIle .1 the rgef -ocation. 1) 16 T021 Attivty to the visual Coziem is mod-JOed by trip-^-own Mtehtpon!rnAed to readion limqj !rX)j) Effects .,if,?enla! Fatigue on --heutiom , ERP study. %/Wite M_ !vie He!p Desk N61,11 I NLM I NIH Osparlmen! of Hea.Th. & Human Services Pr,vRcy statement I 1'ree.don, of Inlormytton Aa I Otscia,mer " -". all pel.1" AMOes http://www.nebi.nlm.nih.gov/pubmed/1 6484145?ordinalpos=7&itoo)=EntrezSystem2.PEntrez.Pu... 4/7/2008 Comfortable Quarters for Dogs Page 10 of 14 The noise in kennels resulting from barking can be a nuisance and is potentially • damaging to human hearing (van der Heiden 1992). Dogs often bark at each other through adjacent pens or at people passing by. Barking is also associated with feeding times and is probably the result of the generally high levels of excitement. Very often I arking spreads to other dogs, and in some animals the act of barking may itself function as a self stimulus to further barking (Scott and Fuller 1965). Dogs can detect sound ranging in frequency from 0.04 kHz (cycles per second) up to around 50 kHZ, which is well beyond the upper frequency limit of human hearing. They can hear sounds that are up to four times quieter than the human ear can detect. Unfortunately, the possibility that noise might have similar effects on dogs as on humans has, until recently, not been considered. In dog kennelling, sound levels within the human hearing range can regularly reach values of 85 to 122 decibels (dB; Peterson 1980). The noise problem for humans can be addressed by protective wear such.as hearing defenders, but -these are of no value to the dog. In a recent study, Sales et al. (in preparation) have surveyed noise levels, throughout the hearing range of dogs, in different kennel environments.. The data showed that the dogs were regularly exposed to high sound levels throughout the working day and offte* well into the evening. The peak sound pressure level over the measuring period often exceeded 100 dB, and the sound level of a continuous steady tone (which would result in the same amount of sound energy as a fluctuating sound measured over the same period) often exceeded 95 dB. The study also confirmed that the noise of barks from individual dogs commonly surpasses 100 dB. From this and the observations made during the investigation it would seem that most of the high level noise recorded in kennels is produced by the dogs themselves; although other events such as cleaning, high pressure hoses, doors banging and pagers may also contribute substantially to the acoustic environment (Sales et al. 1988). The sound in dog kennelling is certainly at a level that is known to cause damage and stress not only in humans but also in other animals who have less acute auditory sensitivity than dogs (Gamble 1982; Milligan et al. 1993). If these levels are sustained throughout the day it would seem probable that dogs are also at risk from damage to their auditory system. Even if dogs were shown not to find high noise levels aversive, any physiological damage would certainly reduce the dogs' welfare and hence would be • unacceptable. . http:i/64.233.167.104/ search ?q = cache :usO7U4VT23AJ:www.awionline.org /pubs /cq /dogs.htm +... 7/20/2007 impact of background noise on reaction time and br ... [Ergonomics. 20061 - PubMed Result Page 1 of 1 .. ....• II: - r." ..M :... ,.e:. ... ..r..... a:.... �t:L • ll wa. "> 'i:'F •.. .. 'L `d... .r..�. _. yid LC v .. .. .'nl. Search PubA if for Go f ! Clear i Limits Previaw,'„:' dux liislory ChpoOnrd Details Display Abstrac Plus Show 20 sat By sandlot Ail: 1 Review 0 -" 1: Ergonomics. 2006 Feb 10;49(2):202 -8. Impact of background nobs on reaction time and brain DC potential changes of VDTAIm sild spatial attention. Trimmel M, Poelzl G Medical University of Vienna, OE Public Health, Institute of Environmental Health, kinderspitalgasse 15, A -1095 Vienna, Austria. michael.trimmel@meduniwien.ac.at Background noise Is often discussed in terns of mental costs. In this study the effect of background.noise on brain activity as reflected by the direct coupled (DC) potential was investigated by a. within. design in ten participants. During two successive' blocks of 7 min each, participants performed 1,56 trials of a�vlsual display terminal (YDT) -based visual -spatiatattentkln task without noise and two mkilnte and analysed for change -by time on task. Foe noise conditions,. reaction time was prolonged and the DC- potentlal shifted towards poslFwity; contrary to control condition;'lndependent of block and locatlon. Results suggest reduced cortical resources by widespread Inhibitory activation through' background noise. It can be concluded that even low Intensity background noise is associated with •energy consumption and with Impaired performance In spatial attention. PMID: 18484145 (PUbMed - hdexod for MEDLINE] Display AbstraatPlus show 20 Son 13y Send to CJ Related Links IMy NC81 ?) (Sign in] lReguterl inforrna.� ; I Links ciecuopnysloingmai evidence for temporal drssecalion Mnveen apAhal+ft"t'cn anh',,1C ]rompEr :rynn dvnng human face processing. ,:crW t!' :a'ax. i:kli) $elf -fare aneed.M an.1 r0aeended -ondinons. an event Araled bran vRWfgl:PVriy700bj $Oau;if adP.nLnn e. rCN tas eVl""i noise al 'fie urge, -arvny , !ne •r seal •;en s 11> ul'aled ay lop -down auennon locked'. reaction nm�7 yn;kn r v:. �tJO)1 cffeas of n+enlal fatigue ue ateMe,n an ERP study. i C §aln =.5 t:: q]n grain ! ?�5. 1C105I rehire to tee Help Oesk NGBI I NLMI NIH L?epaoment of Hearin & Human Semces Privacy Staleerenl I preedem of Information Act I Oisclalmer See all Petaled AdlClea . http : / /www.ncbi.nim.nih.gov /pubmed/ 16484145? ordinalpos= 7& itool= EntrezSystem2.PEntrez.Pu... 4/7/2008 �0 30 E��ST�A�- �E�✓,ci�S -G� �itnloPA/l �� /t33 / ��ST L'/j/✓ /,(/c - /3,e���%fJ,o -rz � ugrLT /.d.✓ 4E19EZ- f . s� o .� a3�-Z- SAN /2 v/✓ - ��; - T- mot'- ZCL'�' -fie% v° yy,, S`/ U • l�OFs �GLc)c.e:�1� L%/✓ C/G'c7LS /At le- 40 qo,qyl 30 > >T - 'w" 93 7- 3 o7 /, 1 4-1 gi? 03 o 3 7-- r31 17 -7 = ? -1-orr -t. ?,- >rzq de-JL� el:*� � ism T 0 11�71 �179) 2 q i6 VA 13T pol — lte � 7t 'I �) � o��' 2- Wit` Page I of I � wle i. ws aq.tio, N.�.euW WJieppe....vm.Fd�•d urari..v:fwbv b. 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L -T rno M ry Qo 14: -JIL ov ~t L L-- bl 'ID F. L -T iepol Iw — a Attach Cut I EsuflaccommereW Kennel OpemdO 15 . Pac z a led Oramie County* of Anizaals Allowed AC-'& -=�w � $19 '), 00 McrMas c "Muh Cott UP3285 I cc, I kAm U&-Q 3060 9 30 7062 9—=� Lazw� 7072 Kamom Lmc 7081 Kcrm= Law Celt U&O 3010 25 092 crmam we 3010, UP93-557, UP313Z UP3727 1 53 7091 Kamm Lww 1 UP31107. Not avalubic It 7097 Kamm Lane I CarL, 1140 2986 163 1102xarmft Lane 7121 rcerm*,Law -r7-131 Ramon LAW .!!:m C*t- MO 2814 TN-o-t ikvnaab is Not available 3017 Not available ;-71 VP"2 23 7,142 Kermare EAm I LWIT196 75 7161 KerTr'wm Lww Cat, U&O 2994, UP86-39F, i R91 -031 UP 97-029 63 Law j,G,*.m..,UA-036jS, UP,77-30Z 126 ;171 ILcrnwm Jim I CmicadyBeigg Rawambod 158 t 718i-Kcr6 � T I Cat U&O 2912 123 Rtv00 A :Santa Ass B is _- 03 20271 Wvcrn •nla W4 125 ff, I-- • p iilMj e4 .001'/ ej<ZE;tz I'Rpnty of kenud upwaduaL 1' 7. O r # 3 • :a2t*Ir y. • • • � Y " County of Orange WaMb FILE: PA06 -0034 DATE: August 10, 2006 TO: File/Record/Applicant FROM: Timothy S. Neely, Director, RDMD/Planning and Development Services SUBJECT: Planning Application PA06 -0034 for Administrative Amendment to Use Permit APPLICANT: Second Chance Canine Rescue, property owner /�AIOIi oeeS SM�72dzt' ��d � c e LOCATION: 20301 Riverside Drive, Santa Ana Heights Fii -� ►G a / I. NATURE OF PROJECT: 141z °L. Owner requests an t to.Use Permit 3094 from 1970 to allow 30 dogs on -site in a kennel previously licensed or 42 dogs, rating with a total of IS insulated kennel enc osures and continued use of the former d nea garage as a grooming center (with 6 of the 1'g total enclosures), to legitimize the existing sound attenuation walls to a maximum height of 10 feet tall, and to use the existing non - conforming carport to the side of the house as the attendant's covered parking, with its post supports on the property line of unknown origin. The project was reviewed by the Santa Ana Heights Project Advisory Committee, which recommended approval of the project on June 6, 2006, with revisions to change the wood portion of the 10 foot tall fencing to block, which is not being done, to require that yard drains be connected to the public sewer system, which will be done, and to consider requiring an acoustical study, which, is not being done in view of the reduction in permitted dogs from the previously licensed 42 to a proposed 30. The property is zoned Santa Ana Heights Specific Plan "Residential - Kennel ", and has a General Plan land use designation of "Suburban Residential ". II. REFERENCE: (Authority for Administrative action is given by what ordinance, regulation, .etc.) Orange County Zoning Code Sections 7 -9 -150 "Discretionary, Permits and Procedures "; and Santa Ana Heights Specific Plan Section D.3.g.(I), which requires that: (a) the proposed change does not increase overall size of the facility by more than 10%; (b) the proposed change does not increase the number of dog runs; and that (c) the proposed change does not intensify any accessory uses (grooming, etc.) allowed by the current permit and does not provide for any additional accessory uses. PA06 -0034 Maas Amendment to Kennel Use Permit, 20301 Riverside Drive, Santa Ana Heights Page 2 • III. ENVIRONMENTAL DOCUMENTATION: The project was found Categorically Exempt (Classes.3), as minor new construction, from documentation requirements ofCEQA. Appendix A contains the required Finding. IV. CERTIFICATION: I hereby certify that the subject proposal has been Conditionally Approved as noted below. NZ ATTACHMENTS: Appendix A - Findings Appendix B - Conditions of Approval APPEAL PROCEDURE Timothy S. Neely, Director RDMDIPlanning and Development Services Ron Tippets, Chief Site Planning, Land Use Services Any interested person may appeal the decision of the Director on this permit to the Orange County Planning Commission within 15 calendar days of the decision upon submittal of required documents and a filing fee of $760.00 filed at the Development Processing Center, 300 N. Flower St., Santa Ana. • dog boarding kennels Orange County -- DOG BOARDING information I have divided this list into three areas of Animal Husbandry • How are sensitive /problem I dealt with? • How often are the quarters cleaned? . How does the facility smell? • What are the procedures for special food, medication, uncommon food? • What kind of food is usually Kennel Safety • Are pets kept in a secure. environment?. • Are vaccinations checked? • What vaccinations required? . How many hours a day are people 7 at the facility?/ 24/77 nnel Policies • What'are the facilities rules? • Will your pet have it's own quarters? • Can your pet have it's own toys or special blanket? • What is included in boarding? • What are the office hours? Abandoning Animals v Courtesy of Orange County Commercial Kennel Owners Association California Civil Code 1834.5 Abandoned Animals Notwithstanding any other provision of law, whenever any animal is delivered to any veterinarian, dog kennel, cat ken. ne.I,.pet.groorning parlor, animal hospital or any other animal care facility pursuant to any written or oral agreement entered into after the effective date of these section, and the owner of such animal does not pick up the. animal within 14 calendar days after the animal was due to. be picked up, the animal shall be deemed to. be abandoned, The person into whose custody the animal was placed for care shall first try for a period of not less than 10 days to find a new owner for the animal, and if unable to place the animal with a new owner, shall thereafter humanely destroy the animal so abandoned. O C small dog How to find a boarding Have your dog Trained with a homestay good dog kennel Training.School boarding kennel BIG DOS sa_ve_our do boa.rdin kennels BOARDING —._ -q - - -- Starline boarding Copyright 2000 - 2003 kennels http://, O.ocdogboarding.com/index.shtml • Page 2 of 3 u AIRPORT- IRVINE ANIMAL. HOSPITAL Page 1 of 1 This is G :'s - of IC -:,::: ,::..,r::;:, r:.. ., ' -:r!! ..! as retrieved on Jun 21, 2007 03:09:26 GMT. Go g •: s cache is the snapshot that we took of the page as we crawled the web. The page may have changed since that time. Click here for the without highlighting. This cached page may reference images which are no longer available. Click here for the .ac:reo :-e •, only. To link to or bookmark this page, use the following Uri: nct,:llvw. googl e. coa;search?,=aache; 9OS5WC- a i a h- -ersu_te.com/ art i ci as/ a rcZnow. asp l3 isra 013C5 ?69+ boa rdingi kennels.sant a. aria he ighcs, ca. =Us Google is nevdw alflNared wont Me authors of Mar page nor responsit a roc its content. These search terms have been highlighted: boarding kenneb santa ana hot ghts ca Search Kennel Cough °y Pe1RWe"0ednMan9 All Animals SANTA ANA HEIGHTS CA . By All words Kennel cough (infectious tracheobronrli fis) is a highly contagious inflammation of the trachea -`--" Search Kennel Cough °y Pe1RWe"0ednMan9 All Animals By All words Kennel cough (infectious tracheobronrli fis) is a highly contagious inflammation of the trachea -`--" (windpipe) and bronchial tree caused by a contagious virus (adenoviris, pareinfluenza virus, canine ... distemper virus) or bacterium (Bordetella bronahiseptiea): The infectious agents can be transmitted awa.a o.•. soo nna.a cone mlm Mual Cu PM Co-htarmawn through the air or by contact with contaminated surfaces. Puppies and young dogs are at greatest rmnnO WwWa Tw vakahWi" risk, eapecially those housed.in high - density situations or boarding kennels. The incubation, period from the time the dog first contracts the infection to the time that symptoms develop is typically between 3 to 10 days, and the symptoms can last for days to weeks. Many dogs will have a mild to moderate cough without other signs, which is usually self - limiting. to some cases, the cough lingers and the dog may develop pneumonia or chronic bronchitis. Diagnosis and TreatmeM Notes: • Diagnosis is often made based on clinical signs and excluding other diseases. Upon examination, the windpipe is often sensitive to palpation and may elicit a cough. Chest x -rays are'usually normal. • Treatment depends on the severity of the disease, your individual pet, and your veterinarian. For mild cases, the dog usually recovers with no treatment. For others, cough suppressants and sometimes antibiotics are prescribed to prevent secondary infections. Discuss treatment details when your pet Fs diagnosed with this condition. What to Watch for: • Excessive dry cough • Nasal discharge • Breathing difficulty • If your pet does not eat • If you pet is vomiting or acts lethargic - Please notify us if you notice any of the above signs or if you have any questions! http://216.239.51.104 /search ?q= cache:gC55 WC- xIYIJ:aiah.vetsuite .corn /articles /artShow.asp %... 7/17/2007 ..... v. W%a wwny rN.cgimar Friday. September 23, 2005 Deadly canine flu spreading across U.S. The virus is mostly seen in kennels, but experts warn it could infect dogs anywhere. By DONALD G. MCNEIL JR. and CARIN RUBENSTEIN Tre New York Times rage t of t A new, highly contagious and sometimes deadly canine flu is spreading in kennels and dog tracks around the country, veterinarians say The virus, which scientists say mutated from an influenza strain that affects horses, has killed racing greyhounds in seven states and has been found in shatters and pet shops in many places, including the New York suburbs, though the extent of its spread is unknown. Dr. Cynda Crawford, an immunologist at that University of Florida's College of Veterinary Medicine who is studying the virus, said it spreads most easily where dogs are housed together, but it can also be passed on the street, in dog runs or even by a human transferring 0 from one dog to another. Kennel workers have carded that virus home with them. Crawford said. It's unclear how many dogs die from the virus, but scientists said the fatality rate is more than 1 percent and could be as high as 10 percent among puppies and older dogs. Crawford first began investigating greyhound deaths at a. racetrack in Jacksonville, Fla., in January 21304, where eight of the 24 greyhounds who contracted the virus died. "This is a newly emerging pathogen, and we have very little information to make predictions about it." she said. "But I think the fataity, rate Is between 1 and 10 percent" She added that because dogs have no natural immunity to the virus, virtually every animal exposed will be infected. About 80 percent of dogs that are infected with to virus will develop some symptoms, Crawford said. She added that the symptoms are often mistaken for "kennel cough," a common canine illness that is caused by the bordetella bronchiseptica bacteria. •Both diseases can cause coughing and gagging for up to three weeks, but dogs with canine flu may have fevers as high as 106 degrees and runny noses. A few develop pneumonia, which Is sometimes fatal. Antibiotics and flub cut the pneumonia fatality rate, she said. The vino is an H3N8 flu closely related to an equine flu strain. It is not related to typical human flus or to the H5NI avian flu that has killed about 100 people in Asia. Experts said then: are no known cases of the canine flu infecting humans. "The risk of that is low; bulwe are keeping an eye on it" said Dr. Ruben Donis, chief of molecular genetics for the influenza branch of the Centers for Disease Control and Prevention, which is backing the illness. But with the approach of the human flu season and fears about bind flu in Asia there is much confusion among some dog -owners who have heard of the disease. Copyright 2006 The Orange County Register I Privacy policy I User agreement • http:// www. ocregister. com/ ocregister/ healthscience /atoz/print_686535.php 419/2008 ! !!C vI a.gc ._.vunty mcgtster Saturday. October 15, 2005 Vets urge vigilance as canine flu spreads By SCOTT MARTINDALE The Orange Counry ReQster The Orange County Health Care Agency issued an alert to dog owners recently, but emphasized Mere was no need to panic. 'We just want to be cautious," said Kathy Francis, operations manager for the agency's animal pre services unit. Canine flu, a viral infection that may kill up to 10 percent of infected dogs, spreads easily when dogs come into close contact Pagel of 2 • "There's hysteria right now, but ifs not the type of virus that kills very many dogs," said veterinarian James Coghlan of the 17th Street Animal Hospital in Santa Ana. "The best advice to pet owners is to limit contact (with other dogs)." Other diseases are much more prevalent and life- threatening. Parvo, a viral illness that attacks the lining of a dog's digestive system, rapidly leads to death if left untreated, said Coghlan, who saw three puppies die of parvo this week. An inexpensive vaccination is available for parvo. O: What caused the outbreak? A: Canine flu is caused by the H3N8 influenza strain. Last year, the virus mutated from the equine influenza virus, which is found in homes. The virus crossed over from homes to dogs, striking greyhounds at racetracks. O: How is canine flu spread? A: The virus is spread through the air from respiratory discharge and from contaminated objects such as dog toys and water bowls. Canine flu is most easily contracted in gathering places - kennels, dog shows, animal shelters, parks, even from humans transferring it from one dog to another by contact O: How many dogs are dying of canine flu? A: Experts estimatethat canine flu kills 1 percent to 10 percent of dogs who contract the virus. O: What are the symptoms? A: Symptoms include a persistent cough, runny nose and sometimes fever and listlessness. Some dogs develop a more severe form of canine flu that includes signs of pneumonia, such as high fever and increased respiratory rate and effort- Many pet owners and veterinarians have been fooled because some of the symptoms mimic a common, less dangerous bacterial infection known as kennel cough. O: is there a vaccine? A: No. Because the virus is new, most dogs do not have immunity to d. Researchers are at work on a vaccine, but it could be months before it becomes available, said Edward Dubovi, director of the animal virology lab at Cornell University. O: Where has it been detected? A: Canine flu was first reported in Florida last year and has been documented in pet dogs in nine states this year: California, Florida, Massachusetts, New Jersey, New York, North Carolina, Ohio, Oregon and Washington. O: Is a national outbreak imminent? • A: Some veterinarians fear another upswing in cases at Thanksgiving and Christmas, when, as in the late summer, many people go away and put their dogs in kennels. http:// www. ocregister. com/ ocregister /newslatortprint_716614.php 4/9/2008 a pia. VA tr,V I VWlrY 1XVg1swr Q: Is it safe to walk my dog? Page 2 of 2 A: Yes. but veterinarians recommend that dogs be kept on leashes and away from other dogs. The virus cannot survive outside of a dog's body, so there is little risk to dogs who touch or smell inanimate objects such as fire hydrants. _ Q: What types of dogs can become infected? A: All dogs are susceptible to infection. In many cases. the dogs were young and otherwise healthy. Q: Does the canine`influenza virus have the some effect on all dogs? A: About 80 percent of dogs exposed to the vino will have a mild form of the disease characterized by cough and, in many mass, nasal discharge. A minority of dogs experience more severe complications such as pneumonia, but some dogs do not show any symptoms. Because all dogs can transmit the virus. symptom -free dogs are of particular concern to health officials. Q: How can 1 distinguish between canine flu and kennel cough? A: Kennel cough is a syndrome, not a disease, caused by bacteria and viruses. Canine flu is typically accompanied by more than a persistent cough. Nasal discharge and a fever typically set kennel cough apart from canine flu. Q: Are humans at risk? - A: There is no evidence that humans can contract the canine influenza virus, but humans can spread the virus from one dog to another. Q: Are pets such as eats at risk? A: There is no evidence that other household pets can contract the canine influenza virus. Q: How do veterinarians treat canine flu? •A: Veterinarians administer a combination of mild cough suppressants, expectorants and antibiotics. Although canine flu is caused by a virus. antibiotics prevent secondary bacterial infections. Cough suppressants and expectorants mitigate coughing, allowing owners to sleep. Q: Is it safe to put a dog in a kennel? A: Veterinarians recommend that dogs not be placed in kennels. Last month, an isolated outbreak of canine flu was reported at a local kennel. Copyright 2008 The Orange County Register I Privacy policy I User agreement • http:l/ www. ocregister. com/ ocregister /news/atoz/print_716614.php 4!9!2008 environmental Health: 1,requently Asked Questions a plan submittal may be required. A cmStniction guide Is available which lists the structural requirements for carts and mobile food preparation units. 34. what are the replr(riemenfs to manufacture focd; °.tram my home? You cannot legally manufacture food from 'a pri health permit. vate residence. You must obtain a 35. How can I get.a permit to manufachire toad? You must provide a plan submiittal (similar to the type of plan submittal process for Construction of a restaurant). COns6vction guidelines are available upon request. 36. Is deers any less etgmtshre way to manufacture food? You may use a co- packer (a mantiFacturer who wilt produce a product according to your specifications). We can refer you to manufacturers. hack to top 37. How do I register a conrpiaint about a public swimming pool or spa? The Environmentai Health Division investigates complaints regarding public pool safety and sanitation in Orange County. please call (714) 433 -6000 to report an unsafe or unsanitary swim pool mhty POd or spa. Be ready to provide the name and address re the pg. pool orspa you want investigated and explain the conditions you are reporting. If you observe a problem with a swimming pool or spa in a single - family home, may contact the city code enforcement department for asst 39. hat is the health risk when there 1s a fecal accident in a mirg pool? Feces may contain large numbers of disease causing microorganisms. If feces Is accidentally released in a swimming pool'or spa, swimmers can be exposed to viruses or other disease causing agents. Outbreaks of E.coli 0157:1-17 and Cryptosporidium have been associated with swimming pool fecal accidents. For detailed Information on treating a pool after a fecal accident, call the Environmental Health Division at (714)433 -6000 to request a copy of an advisory notice on fecal accidents. Page 11 of 13 http: *w.ochealthinfo.com /regulatory/chfags.htm • • A /t�i�nnc ideshow - News Newport Beach completes annexation, grows by 64 acres Page 1 of I Newport Beach completes annexation, grows by 64 acres Dogs at Q2ast Canine County Clu p around the pool. The Ana. Heights is one of many houses that run kennels in a small area zoned for the • CLOSE vVINDO W http:// www. ocregister .com/slideshow /newport- beach - residents - 1952705- city - kiff?pos =0 4/8/2008 Page 1 of I 3 -2� Page I of I • E �??!� Environmental d 3" Advisory Notice To: Owners /Operators of Public Pools Located in the County of Orange Subject: Procedures Following the Contamination of a Public Pool by Feces, Vomitus or Dead Animals Microorganisms, such as Cryptosporidium, E. coli 0157:H7, and Giardia have been linked to waterbome outbreaks at public pool facilities. The 1998 outbreak of F coli 0157:147 illness associated with a fecal contamination of a public pool at a waterpark in Georgia reinforces the seriousness of these situations. The strain of E. cob associated with the waterpark outbreak is the same one that was associated with contaminated hamburger patties at a chain of fast foul restaurants. new diseases are caused by the consumption of water or food that has been contaminated with human or animal kcal matter or human vomitus that contains these microorganisms. The effects of feces, vomitus or a dead animal in a public pool can be serious, if not life- threatening to pool users especially children, the elderly and people with suppressed immune systems. Feces and vomitus material can contain large numbers of pathogenic (harmfid) microorganisms. If an animal enters the pool and dies it voids its bowels releasing pathogens into the pool water. - The followvre are some rernriremenrs and recommendations that when implememei can reduce the possibihty of ContraSatlg� waterbome illness from a pool:. 1: Maintain the pool water chemistry in balance and proper levels of disinfectant and pH. 2 The pool should not be used unless the filtration system is in good working order. • 3. Children wearing only diapers in the pool, changing of diapers at poolsde, or washing off soiled'infints in the pool water should be prohibited. 4- Children who are not toilet trained or anyone who is incontinent should not use the pool. If incontinent individuals are allowed to use the pool, mbber pants, "swim diapers" or special swimsuits should be wom. These items have some ability to contain fecal material and may afford only lirmted protection. 5. Pool users should wash their hands with soap and hot water after using the toilet. _ G. Pool users should take a shower before entering the pool. Pool users who are suffering from a communicable disease that can be transmitted through water or who have had diarrhea in the past two weeha should not use the pool. If feces vomitus or a dead animal is frnmd in a12goi, the following.ssns must be 'mmediatety impl_mented: 1. Instruct all pool users to exit the pool(s) immediately. Do not allow anyone to enter the contaminated pool until all of the following steps are completed. 2. Remove as much of the fecal material as possible using a net or scoop and dispose of it in a sanitary manner- Clean and disinfect the net or scoop (e.g., after cleaning, leave the net or scoop immersed in the pool during the disinfection period). Vacuuming stool from the pool is not recommended. If the pool is vacuumed, waste should be directed to a sanitary sewer and not through the filtration system County of Orange Health Cam Agency Environmental Health 1241 East Dyer Road, Suite 120 . Santa Arta, CA 92705 Phone (714) 4353000 / Fax (714) 754-1752 1 If the fecal accident involves a fotmed stool (solid, not liquid) of vomitus is found in the pool - raise the free availabt* chlorine concentration to 2 parts per million (ppm) and maintain the pH between 7.2 - 7.5 for at least 25 minutes- If a free available chlorine concentration of 3 ppm is present, the time can be reduced to 19 minutes- If the fecal accident involves diarrhea or a loose stool or if a. dead animal is found in the pool - raise the free available chlorine concentration to 20 ppm and maintain the pH between 7.2 and 7.5 for at least.8 hours. This is equivalent to a Concentration /Tune CT value of 9,600. The Cr value is the concentration of chorine in ppm multiplied by the time in minutes and is used to detefooe the point at which Crypmsporidium'oocysts are inactivated. In this case, a 20 ppm concentration of chlorine maintained in a pool for 8 hours or 480 minutes will result in a CT value of 9,600 (480 minutes X 20 ppm). Arty combination of chlorine concentration and time resulting in a CT value of 9,600 orgreater can be used to achieve disinfection. For fecal accidents involving diarrhea or loose stools, the filter should be thoroughly backwashed to a sanitary sewer after the CT value has been reached and before the pool is reopened. 4. During the entire treatment period, ensure that the pH is maintained between 7.2 and 7.5. The pH may be affected if additional chlorine is added to the pool. S. Ensure that the filtration system is operating and the proper free available chlorine concentration is maintained throughout the treatment period Ensure that free available chlorne concentrations are found throughout all areas of the pool or co- circulating pools by sampling in at least three widely spaced locations away from return water inlets. 6. The pool may be reopened after the required time /concentration or CT value has been achieved and the free available chlorine residual is below 5.0 ppm 7. If the pool is a low water volume pool, such as a spa pool or wading pool, the pool can be drained. The pool should be refilled, the water balanced and the proper CT value achieved before being reopened. 8. Establish a fecal accident Ing. Document each fecal accident by recording the following information: a Date and time of the event - b. Forted stool or diarrhea c. Free available chlorine concentration and pH at the time of observation of the event d. Free available chlorine and pH before reopening the pool C. Contact time f Procedures followed to respond to the fecal accidenti including the process used to increase the free chlorine residual if necessary 1. Feral accident pool closure procedures are based on recommendations by the Centers for Disease Control and Prevention. 2. All contact times assume a water temperature of 25 °C (77 °F). 3. Theoretical Pool Closure Times for 99.90/6 Inactivation of Giardia Cysts by Free Available Chlorine, pH 75, S °C derived from the EPA's Disinfection Profiling and Bencl marking Guidance Manual. 4. The short pool closure time is the chlorine concentration /contact tine theoretically requited to inactivate Giardia cysts. The long pool closure rime is the chlorine concentration /contact time theoretically required to inactivate Cryptosporidium o0cysts- 5. Non- chlorine disinfectants are not addressed and should not be used because these is limited pathogen inactivation data available for these compounds. 6. The impact of chlorine stabilizers such as chlorinated isocyanuntes on pathogen inactivation and disinfection measurement is unclear and warrants further investigation. Increased contact time may be desirable. 7. Many conventional test kits cannot measure free available chlorine in a range that includes 20 ppm. In this case, use chlorine test strips, kits that can measure in this range, or make dilutions using a standard DPD (N,rti- diethyl- pphenylenediamine) test kit and chlorine -free water- High levels of chlorine may damage pool equipment. Exercise caution or consult with an experienced aquatic professional. • .,..r, .,..,,w � uutuc: 111C alpna factor Page 1 of 6 This is Goo g t e's cache of http: /iw.vnv.canismajorcom; dog /alpha I .htmI as retrieved on Apr 2, 2008 17:32:47 GMT. G o o g I e's cache is the snapshot that we took of the page as we crawled the web. The page may have changed since that time. Click here for the current pa -e without highlighting. This cached page may reference images which are no longer available. Click here for the cached text only. To link to or bookmark this page, use the following url: http: i /aww. google. c®/search? q=cache:SQbyMD347OoJ:w .canismajor.com/ dog /alphal.html+ alpha .dogahl =ensct =clnkscd= 7sgl =us f76ogk u aeidwraffdwed wah the mclmrs cythiapoge aor sespon Weior ifa mwenr. These search terms have been highlighted: alpha dog 1Dog.Owner's Guide: alpha factor (www.cauismajor.com / dogMlphal.btml)I a R r� .y� Home Topics Index Newest Bookstore Reprints Privacy About • The alpha factor Who's the boss around here, anyway? Ti • Alpha i'1)Ck lendef pClIt1 1::5 Introduction Regardless of your reason for acquiring a puppy, you'll have to win it over. You, not your dog, will have to be the leader of the pack if your pup is to develop into a well - mannered family member instead of a burden. Dominance and alpha behavior are important concepts that every dog owner should comprehend. {� Dogs are animals, not human beings. They are pack animals by nature. Every pack has a leader, known as the alpha pphia anima , who dominates an ea the other members of the pack. The alpha is the boss who makes decisions for the entire pack. Usually the pack will have an alpha male and an alpha female. All the other Ombers of the pack form a hierarchy of dominance and submission where everyone has a place. In your home, you and your family become your dog's pack, as do any other dogs you may have. It is your http://64.233.169.104 /search ?q = cache: SQSyMDS470o1 :www.canismajor.com/dog/alpha l .html +... 4/712008 __5 . vuluc. L 11 aPna factor Page 2 of 6 responsibility to establish yourself in the alpha position. If you fail to do this, your dog will do it as a natural behavior. Many people assume that they are automatically in charge just because humans are superior to animals. But are you really the pack leader? Does your dog know it? • Being the pack leader does not mean you have to be big and aggressive. Nor does it mean that there has to be a battle of wills after which you are the victor. Anyone can be the pack leader. It is an attitude an air of authority. It is the basis for mutual respect, and provides the building blocks of communication between the two of you. A pack animal becomes a full fledged member of the group by a process called subordination. With dogs, subordination begins shortly after the third week of life and continues throughout early development. Most normal, healthy puppies are basically pushy animals, and will try to advance as far as possible within the social order of the pack. The key to successfully rearing a puppy is to establish yourself as the pack leader and then maintain that position for the life of your dog. So how do you become the -alpha leader? In the wild, the adults of the pack begin early to teach the cubs the rules. The adults grab pups around the head or neck and gently, but firmly, pin them to the ground. The cubs learn to greet the adults with respect by approaching them using a slightly crouching posture, with ears back, tail down and wagging, and.they lick the adults' muzzles. The cubs do this as a sign of respect and affection, not out of fear. It is called the subordination display, and its function is to keep peace and harmony within the pack. Alpha exercises Leadership exercises can confirm humans as the heads of the family pack. Once you establish this relationship, your.dog will seek you out. He will want to be with you and will treat you with respect and affection. After he learns to submit to handling, all other tasks such as grooming, nail clipping, cleaning ears, and medicating will be easier to accomplish. But first he must learn that you have the power to handle him, and that handling will not lead to any harm. He must come to trust you entirely. These exercises will help establish leadership but should not be used with an older pup who has learned to use his teeth to get his way. Exercises one and two are recommended only for small puppies up to three months of age. Exercises three and four are suitable for pups up to six months of age as long as there's no problem with aggression. Be gentle but firm with all exercises, as you would with a baby human. 1. Sit on the floor, then pick your pup up off the floor with both hands supporting him just behind his front legs, facing you. Hold him away from you at arms length. Look directly into his eyes. Growl at him if he struggles, using a low guttural sound. Hold him till he relaxes. Vary the time you hold him in this position from 15. to 45 seconds. Vary the location. 2. Sit on the floor and cradle your pup, placing one hand under his head and the other supporting his back so that he is upside down on his back,-and up in the air. Hold a larger puppy across your lap. Hold the pup for 15 to 45 seconds, using the same growl as in exercise I if he struggles. Hold him until he relaxes. 3. If your puppy is large, substitute this exercise for the fast two. Straddle your pup, with one of your legs on each side of him. You should be facing the same direction as your dog. Lock your fingers together under his chest, just behind the front legs. Lift his front legs off the ground for 15 to 45 seconds. If he struggles, growl at him till he is quiet. 4. Place your dog on the floor with all four legs pointing away from you. Hold him firmly by the neck with is one hand, and press down on his midsection with the other hand. Talk to him softly after he is quiet. It http: / /64.233.169.104 /search ?q = cache: SQ5yMDS470oJ:www.canismaj or.com/dog/alpha I .html +... 4/712008 rays -1 or 0 might take two or three minutes to get him to relax. If he exposes his belly to be rubbed, you are on the right track. Do not allow him to struggle, get up, or nip. Always praise him lavishly in a quiet tone when he relaxes. Now is also a good time to handle all four paws and look briefly into his mouth so he can get • used to tolerating your handling him gently. Be sure to do this exercise four or five times a day at first. Taper off as the pup gets more used to you and accepts your leadership. The stare Eye contact is also one of the ways order is kept in a wolf pack. Only an alpha animal may use the stare to: remind everyone who is in charge. When you initiate eye contact, you express your alpha position. Encourage your pup to maintain eye contact for several seconds, making it a pleasant experience. Do not force him to do so. Use the term "watch me" and always praise him the instant you have eye contact. However, you do not want to try to do this with a dog who thinks he is already in charge of things. The dog must know you are the leader first. Otherwise you will begin a stare-down contest. An alpha dog will not be willing to be first to avert his eyes. If you are the first to avert or even blink your eyes, it will help confirm the dog's alpha status. Alpha, discipline: Pack leader activities There are many pack leader activities you can use as part of a daily training routine. Probably the single most impoitant command your dog can learn is "sit." You can incorporate "sit" into everyday situations as a reminder that you are in charge of things. Tell your dog to "sit" before you feed him, before you play, before he goes out the door. This shows the dog that he must respond to you before indulging in his own pleasures. If �eis obedience trained, put him in a down -stay while you prepare his dinner. Your dog will accept you as pack leader as long as you are consistent and fair in your demands. You must never permit him to growl or snap. If he does, a severe scruff shake is necessary, followed by no attention from you for 10 to 15 minutes. The scruff is the loose skin around the dog's neck. If your pet growls or snaps and you are not afraid to handle him, grab him firmly by the scruff with both hands, stare-him in the eyes, and shake him. Then put him in his crate for 15 -20 minutes and ignore him. If your dog growls or snaps and you are afraid to discipline him, seek professional help. Don't ignore the incident; a dog allowed to threaten his family can easily become a biter. Never overlook any challenge to your authority. Most dogs will test their owners, usually in adolescence. When the issue is settled immediately, it usually ends the matter. There are several books that will help owners establish leadership to assure a long, healthy relationship with a pet. There are also several training clubs and businesses in the area for those who prefer an instructor's assistance and for those who need help with problem dogs. Books: 1. Positively Obedient, by Barbara Handler. Alpine Publications, 1987. ISBN 0- 931866286. SuperPuppy , by Peter J. Vollmer. SuperPuppy Press, 1992. ISBN 1- 886056 -01 -3. Superpog, by Michael W. Fox. Howell Book House, 866 3rd Ave., New York NY 10022. 1990. ISBN http: //64. 233. 169. 104 /search ?q = cache :SQ5yMDS470oJ:www.canismajor .corn /dog/alphal.html +,,, 417/2008 WHO'S IN CHARGE HERE? A lesson in becoming Alpha "My dog just tried to bite me! All I did was tell him to move over so I could sit on the couch next to him." "My dog got into the trash can and when I scolded her, she growled at me. What's wrong with her? I thought she loved me!" "Our dog is very affectionate most of the time but when we try to make him do something he doesn't want to do. he snaps at us." What do these three dogs have in common? Are they nasty or downright vicious? No - they're "alpha". They've taken over. the leadership of the families that love them. Instead of taking orders from their people, these dogs are giving orders! Your dog can love you very much and still try to dominate you or other members of your family. Dogs are social creatures and believers in social order. A dog's social system is a "pack" with a well- defined pecking order. The leader of the pack is the alpha. supreme boss, Top Dog. He (or she) gets the best of everything - the best food, the best place to sleep, the best toy, etc. The leader also gets to be fast in everything - he gets to eat fast, to Ieave first and to get attention fast. All the other dogs in the pack respect the alpha dog's wishes. Any dog that challenges the alpha's authority gets a swift physical reminder of just where his place in the pack really is. Your family is your dog's "pack ". Many dogs fit easily into the lower levels of their human pack's pecking order, and don't make waves. They do what they're told and don't challenge authority. Other dogs don't fit in quite as well. Some of them are natural born leaders and are always challenging their human alpha's. Other dogs are social climbers - they're always looking for ways to get a little closer to the top of the family ladder* These natural leaders and the social climbers can become problems to an unsuspecting family that's not aware of the dog's natural pack instincts. Some families encourage their dogs to take over the "pack" without realizing it. They treat their dogs as equals, not as subordinates. They give them special privileges like being allowed to sleep on the bed or htip: //64. 233 .169.104 /search ?q= cach6:usiii0t OSoJ: www.sonicmefi/--rdicru7JGPCC/lfbmry/alpha... 4/7 /2008 Alpha Boot Camp Page 2 of 6 couch. They don't train their dogs and let them get away with disobeying commands. In a real dog pack, no one but the alpha dog would get this kind of treatment. Alpha doesn't have anything to do with size. The tiniest Chihuahua can be a canine Hitler. In fact, the smaller the dog, the more people tend to baby them and • cater to them - making the dog feel even more dominant and in control of his humans. Alpha dogs often seem to make good pets. They're confident, smarter than average, and affectionate. They can be wonderfill with children and good with strangers. Everything seems to be great with the relationship - until someone crosses him or makes him do something. he doesn't want to do. Then, suddenly, this wonderful dog growls or tries to bite someone and no one understands why. In a real dog pack, the alpha dog doesn't have to answer to anyone. No one gives him orders or tells him what to do. The other dogs in the pack respect his position. If another dog is foolish enough to challenge the alpha by trying to take his bone or his favorite sleeping place, the alpha dog will quickly put him in his place with a hard stare or a growl. If this doesn't work, the alpha dog will enforce his leadership with his teeth. This is all natural, instinctive behavior - in a dog's world. In a human family, though, this behavior is unacceptable and dangerous. Dogs need and want leaders. They have an instinctive need to fit into a pack. They want the security of knowing their place and what's expected of them. Most of them don't want to be alpha - they want someone else to give the orders and make the decisions. If his humans don't provide that leadership, the dog will take over the role himself. If you've allowed your dog to become alpha, you're at his mercy and as a leader,.he may be either a benevolent king or a tyrant! If you think your dog is alpha in your household, he probably is. If your dog respects only one or two members of the family but dominates the others,. you still have a problem. The dog's place should be at the - •bottom- of your human family's pack order, not at the top or somewhere in between. In order to reclaim your family's rightful place as leaders of the pack, your dog needs some lessons in how to be a subordinate, not an. equal. You're going to show him what it means to be a dog again. Your dog's mother showed him very early in life that - she - was alpha and that he had to respect her. As a puppy, he was given a secure place in his litters pack and because of that security, he was free to concentrate on growing, learning, playing, loving and just being a dog. Your dog doesn't really want the responsibility of being alpha, having to, make the decisions and defend his position at the top. He wants a leader to follow and worship so he can have the freedom of just being a dog again. How to become leader of your pack Your dog watches you constantly and reads your body language. He knows if you're insecure, uncomfortable in a leadership role or won't enforce a command. This behavior confuses him, makes - him - insecure and if he's a natural leader or has a social - climbing personality, it'll encourage him to assume the alpha position and tell -you- what to do. "Alpha" is an attitude. It involves quiet confidence, dignity, intelligence, an air of authority. A dog can sense this attitude almost immediately - it's how his mother acted towards him. Watch a professional trainer or a good obedience instructor. They stand tall and use their voices and eyes to project the idea that they're capable of getting what they want. They're gentle but firm, loving but tough, all at the same time. Most dogs are immediately submissive towards this type of personality because they recognize and respect alpha when ey see it. ctice being alpha. Stand up straight with your shoulders back. Walk tall. Practice using a new tone of http://64.233.169.1041 search ?q= cache:YeZcMWT TXj4J: sonic .netl-- -cdlcruzIGPCCIlibrary /alpha ... 4/8/2008 Alpha boot Cramp Page 3 of 6 voice, one that's deep and firm. Don't ask your dog to do something - tell him. There's a difference. He knows the difference, too! Remember that, as alpha, you're entitled to make the rules.and give the orders. Your do understands that instinctively. With most dogs, just this change in your attitude and an obedience training course will be enough to turn things around. With a dog that's already taken over the household and has enforced his position by growling or biting and has been allowed to get away with it, you'll need to do more than just decide to be alpha. The dog is going to need an attitude adjustment as well. Natural leaders and social climbers aren't going to want to give up their alpha position. Your sudden change in behavior is going to shock and threaten them. Your dog might act even more aggressively than before. An alpha dog will instinctively respond to challenges to his authority. It's his nature to want to put down revolutionary uprisings by the peasants! Don't worry, there's a way around it. An alpha dog already knows that he can beat.you in a physical fight so returning his aggression with violence of your own won't work. Until you've successfully established your position as alpha, corrections like hitting, shaking, or using the "rollover" techniques described in some books will not work and can be downright dangerous to you. An alpha dog will respond to these methods with violence and you could be seriously hurt. What you need to do is use your brain! You're smarter than he is and you can out think him. You'll also need to be stubbomer than he is. What I'm about to describe here is an effective, non - violent method of removing your dog from alpha status and putting him back at the bottom of the family totem pole where he belongs and where he needs to be. In order for this method to work, your whole family has to be involved. It requires an attitude adjustment from everyone and a new way of working with your dog. This is serious business. A dog that bites or threatens people is a dangerous dog, no matter how much you • love him. If treating your dog like a dog and not an equal seems harsh to you, keep in mind that our society no longer tolerates dangerous dogs. Lawsuits from dog bites are now settling for millions of dollars - you could lose your home and everything else you own if your dog injures someone. You or your children could be permanently disfigured. And your dog could lose his life. That's the bottom line. Canine Boot Camp for Alpha Attitude Adjustment From this day forward, you're going to teach your dog that he is a dog, not a miniature human being in a furry suit. His mother taught him how to be a dog once and how to take orders. Along the way, through lack of training or misunderstood intentions, he's forgotten. With your help, he's going to remember what he is and how he fits into the world. Before long, he's even going to like it! Dogs were bred to look to humans for food, companionship and guidance. An alpha dog doesn't ask for what he wants, he demands it. He lets you know in no uncertain terms that he wants his dinner, that he wants to go out, that he wants to play and be petted and that he wants these things right now. You're going to teach him that from now on, he has to earn what he gets. No more free rides. This is going to be a shock to his system at first but you'll be surprised how quickly he'll catch on and that he'll actually become eager to please you. If your dog doesn't already know the simple command SIT, teach it to him. Reward him with praise and a tidbit. Don't go overboard with the praise. A simple "Good boy!" in a happy voice is enough. Now, every time your dog wants something - his dinner, a trip outside, a walk, some attention, anything - tell him (remember dont ask him, tell him) to SIT first. When he does, praise him with a "Good Boy! ", then tell him • OKAY and give him whatever it is he wants as a reward. If he refuses to SIT, walk away and ignore him. No SIT, no reward. If you don't think he understands the command, work on his training some more. If he just http: 1164. 233 .169.1041search ?q= cache:YeZcM WTTXj4J: sonic. net /—cdlcruzIGPCCI] ibmiy /alpha.... 4/8/2008 r+iP11a 8001 ,amp Page 4 of 6 doesn't want to obey, ignore him - don't give him what he wants or reward him in any fashion. Make hire sit before giving him his dinner, make hire sit at the door before going outside, make hire sit in front of you to be petted, make him sit before giving him his toy. If you normally leave food out for him all the time, stop. Go to a twice daily feeding and you decide what time of day he'll be fed. Make him sit for his dinner. If he won't obey the command - no dinner. Walk away and ignore him. Bring the food out later and tell him again to SIT. If he understands the command, don't tell him more than once. He heard you the first time. Give commands from a standing position and use a deep, firm tone of voice. If the dog respects certain members of the family but not others, let the others be the ones to feed hire and bring the good things to his life for now. Show them how to make him obey the SIT command and how to walk away and ignore him if he won't do as he's told. It's important that your whole family follows this program. Dogs are like kids - if they cant have their way with Mom, they'll go ask Dad. In your dog's case, if he finds a member of the family that he can dominate, he'll continue to do so. You want your dog to learn that he has to respect and obey everyone. Remember - his place is at the bottom of the totem pole. Bouncing him from the top spot helps but if he thinks he's anywhere in the middle, you're still going to have problems. Think - you know your dog and know what he's likely to do under most circumstances. Stay a step ahead of him and anticipate his behavior so you can avoid or correct it. If he gets into the trash and growls when scolded, make the trash can inaccessible. If he likes to bolt out the door ahead of you, put a leash on him. Make him sit, and wait while you open the door and give him permission - OKAY! - to go out. If your alpha dog doesn't like to come when he's called (and he probably doesn't!), don't let him outside off leash. Without a leash, you have no control over him and he knows it Petting and attention: �llpha dogs are used to being fussed over. In a real dog pack, subordinate dogs are forever touching, licking and grooming the alpha dog. It's a show of respect and submission. For now, until his attitude has shown improvement, cut down on the amount of cuddling your dog gets. When he wants attention, make him SIT first, give him .a few kind words and pats, then stop. Go back to whatever it was you were doing aod.ignore him. If he pesters you, tell him NO! in a firm voice and ignore him some more. Pet him when you want to, not just because he wants you to. Also, for the time being, don't get down on the floor or on your knees to pet your dog. That too, is a show of submission. Give praise, petting and rewards from a position that's higher than the dog. Games: If you or anyone in your family wrestles, rough - houses or plays tug of war with your dog, stop! These games encourage dogs to dominate people physically and to use their teeth. In a dog pack or in a litter, these games are more than just playing - they help to establish pack order based on physical strength. Your dog is already probably stronger and quicker than you are. Rough, physical games prove that to him. He doesn't need to be reminded of it! Find new games for him to play. Hide & seek, fetch or frisbee catching are more appropriate. Make sure you're the one who starts and ends the game, not the dog. Stop playing before the dog gets bored and is inclined to try to keep the ball or frisbee. Where does your dog sleep? et in your bedroom and especially not on your bed! Your bedroom is a special place - it's your "den ". An http: //64. 233.169. 104/ search ?q= cache:YeZcMWTTXj4J: sonic. netl-- edlenizIGPCCIIibraTy /alpha,... 41/8 12008 ekipna noot tramp Page 5 of 6 Not in your bedroom and especially not on your bedl Your bedroom is a special place - it's your "den ". An alpha dog thinks he has a right to sleep in your den because he considers himself your equal. In fact, he may have already taken over your bed, refusing to get off when told or growling and snapping when anyone ask• him to make room for the humans. Until your dog's alpha problems are fully under control, the bedroom should be off - limits! The same goes for sleeping on furniture. If you can't keep him off the couch without a fight, deny him access to the room until his behavior and training has improved. Crate - training: Dog crates have 1,000 uses and working with an alpha dog is one of them: It's a great place for your dog to sleep at night, to eat in and just to stay in when he needs to chill out and be reminded that he's a dog. The crate is your dog's "den ". Start crate training by feeding him his dinner in his crate. Close the door and let him stay there for an hour afterwards. If he throws a_tantrum, ignore him. Don't let your dog out of his crate until he's quiet and settled. At bedtime, show him an irresistable goodie, tell him to SIT and when he does, throw the goodie into the crate. When he dives in for the treat, tell him what a good boy he is and close the door. Graduating from Boot Camp: What's next? Just like in the army, boot camp is really just an introduction to a new career and new way of doing things. A tour through boot camp isn't .going to solve your alpha dog's problems forever. It's a way to get basic respect from a dog who's been bullying you without having to resort to physical force. How long should boot camp last? That depends on the dog. Some will show an improvement-right away, others may take much longer. For really tough cookies, natural leaders that need constant reminders of their place in the pack, Alpha Dog Boot Camp will become a way of life. Social climbers may need periodic trips through boot camp if you get lax and accidentally let them climb backup a notch or two in the family pack order. How do you know if you're making a difference? If boot camp has been successful, your dog should start looking to you for directions and permission. He'll show an eagerness to please. Watch how your dog approaches and greets you. Does he come to you "standing tall", with his head and ears held high and erect? It may look impressive and proud but it means he's still alpha and you still have problems! A dog who accepts humans as superiors will approach you with his head slightly lowered and his ears back or off to the sides. Hell "shrink" his whole body a little in a show of submission. Watch how he greets all the members of the family. If he displays this submissive posture to some of them, but not others, those are the ones who still need to work on their own alpha posture and methods. They should take him back through another tour of boot camp with support from the rest of the family. Obedience Training: Once your dog has begun to accept this new way of life and his new position in the family, you should take him through an obedience course with a qualified trainer. All dogs need to be trained and alpha dogs need training most of all! You don't have to wait until he's through with boot camp to start this training but it's important that he respects at least one member of the family and is willing to take direction from them Obedience class teaches you to train your dog. It teaches you how to be alpha, how to enforce commands and rules, how to get respect and to keep it. All family members who are old enough to understand and control the dog should participate in the class. http://64.233.169.104 /search ?q= cache:usriiOt, OSoJ:www. sonic. net /-- edleruz/GPCC / library /alpha... 4/7/2008 rrootem isarKmg: Uauses and Solutions Page 1 of 2 This is Goo g I e's cache of hit :�iw����.us;iak.ea; ��e�m;} icrdmed' applieJ- rtlit) lo g_s,behasiourproblemvharking. him l as retrieved on Apr 2, 2008 03:23:27 GMT. • G o u g I es cache is the snapshot that we took of the page as we crawled the web. The page may have changed since that time. Click here for the current page without highlighting. This cached page may reference images which are no longer available. Click here for the cached text only. To link to or bookmark this page, use the following url: http: / /www. googie. com /search? q =cache:oTbZk5s LuQkJ:www. usask.ca/wcvm/herdmed/applied- ethology /behaviourproblems/ barking,hWlI dog.barkinq. stress& hl =enhct =clnk Icd =2691 -us (;-1R 1 v nenher uBduved "uh the archon o/rhrr pvgr rwr rrsponrible fw iU mnrenG These terms only appear in links pointing to this page: dog barking stress Problem Barking: Causes and Solutions A reasonable amouni o'fleas is good fer a dog - -keeps him from broodin' over bein' a dog" (Edward Noyes Westcott (1847 -1898) American Author) sands of years ago, humans began the process of domesticating the dog and shaping "being a dog" really means. Through careful selection and breeding, an astonishing y of dog breeds have been created. Desirable traits have been selected for in is breeds that are of a benefit to humans. There are some traits, however, that ly become undesirable when expressed too frequently. Barking is an example of a J behaviour that is encouraged in terms of guarding behaviour, but becomes a ;m when the behaviour is produced in excess. A recent health insurance igation revealed that the sound of a continually barking dog was cited as the most Live and stress inducing noise for humans. Why Do Dogs Bark? Barking, in addition to whining, howling and growling, is a dog's natural means of communication. Barking is characterized by a series of short, sharp sounds, that tend to vary little in tone or pitch. A dog's bark can signify territorial Protection, exertion of dominance, or expression of some need. Typically, barking is "a means of communication triggered by a state of excitement." Being a natural trait, barking is not considered a behavioural problem, until it is produced in excess. Causes of Problem Barking Problem barking has a variety of origins. Genetics does influence a dog's tendency to bark. Certain breeds belonging to the terrier family are prone to more frequent barking than breeds such as Greyhounds or Basenjis. Generally, however, excess barking can exist in any breed of dog. The key to solving the problem of inappropriate barking is to determine what external stimulus is triggering the behaviour. Improper confinement can be a major cause of problem barkers. Improper confinement can include leaving a dog alone in a locked room, or in a dog crate (a tool used for housebreaking and other behavioural modifications). Other improper confinements can include restricted tethering outdoors, or even an enclosed yard without proper shelter from the elements. Such confinement can cause frustration in a dog and cause it to bark excessively. Closely associated with improper confinement is lack of exercise as a cause of excess barking. When a dog is not provided with adequate exercise, pent -up energy is released through barking. vironmental sounds can also trigger barking. These sounds include such things as the barking of other dogs, the sound passing cars, strange voices, thunder, and mechanical noises such as the ringing of the phone. Noises can initiate http: //64.23 3.169.104 /search ?q = cache: oTbZk5 sLwQkl: www. usask. ca/wc v m/hc rdmed / app I ied -et... 4/7/2008 .. vvmui l auses arru aomuons Page 2 of 2 barking at different times of the day. A dog may not bark at accustomed sounds during the day, but at night may be incited to a volley of barking, much to the chagrin of the neighbours, by the slightest of noises. Other causes of problem barking can include separation anxiety, or the temperament of the dog: an over - aggressive animal may bark at the smallest provocation. A strongly territorial dog may bark at any stranger, invited or uninvited, entering your property. Solutions to Excess Barking Excess barking can be a serious behavioural problem and can mean the termination of the relationship with your dog or the dog itself if left untreated. The following text includes information on how to solve your dog's problem barking as recommended by the veterinary profession. The first step in solving problem barking, is to determine if your dog is barking in response to inadequate shelter of improper confinement. if this is the case, the dog must be provided with a comfortable amount of space or supplied with a doghouse if outdoor shelter is inadequate. Increasing the amount of exercise given to your dog may also help. In the event your dog is barking in response to environmental noises, or the barking is simply due to its temperament, behavioural modification methods should be used. These methods can include reconditioning using a verbal reprimand such as "No! ", and leash correction. It should be noted however, that you should never yell at your dog, as loud noises may encourage your pet to bark more. Also keep in mind the punishment should be applied while the barking is occurring, in order for your dog to associate the unwanted behaviour with the punishment. Also remember to reward your dog when it stops barking. Indirect intervention methods can also be applied. These techniques can range from spraying your dog with water while it is barking .to using noise producing devices such as "Dog Stop" or "Barker Breaker," which emit loud or high frequency sounds that interrupt and deter barking. These devices can be controlled by the owner, or triggered by the dog's barking. In the event your dog is resistant to these behavioural modifications, more drastic action can be taken in the form of bark activated shock collars. This device is particularly effective when barking occurs in the owner's absence. Shock collars, • however, are recommended only after other control measures have failed. A final resort, when all other behavioural modification methods'have been tried, and particularly when the dog's life is in question, is a vocal cordectomy (debarking). This surgical procedure involves removal of all or part of the vocal cords. The key to solving the problem of excess barking in your dog begins with an understanding of what is causing this behaviour. Once you have determined a cause, you have a greater chance of choosing the most effective solution (e.g., more exercise) or behaviours] modification. Modifying such an instinctive and natural behaviour as barking can be difficult, and may require considerable patience, time, and hard work. Solutions, however, are possible, and worth the effort- References Cited Houpt;Katheiine. Domestic Animal Behaviour. Second Edition, Iowa State University Press. Ames, Iowa. 1992. Landsberg, Gary. Products for Preventing or Controlling Undesirable behaviour. Veterinary Medicine. 89:970 -983. Neville, Peter. Do Dogs Need Shrinks? Sidgwick & Jackson, London. 1991 Siegal, Mordecai. When Good Dogs Do Bad Things. Little, Brown and Company, London. 1986. Back to rl ppikcd Ethoiogv Home Puge http: //64. 233.169.104/ search ?q= cache:oTbZkSsLwQkJ:www. usask.calwcvmlherdmed / appl i ed -et... 4/7/2008 About Dogs - How To Stop Your Dog From Barking and Barking and Barking ... Page I of 3 This is G o o g I e's cache of http: // dogs. about. com /cs /behaviorissues /p /barking.htm as retrieved on GMT. G o o g 1 e's cache is the snapshot that we took of the page as we crawled the web. The page may have changed since that time. Click here for the current page without highlighting. This cached page may reference images which are no longer available. Click here for the cached text c To link to or bookmark this page, use the following url: http: / /www.google.com /searcha q= cache:8m3QeyoEXZ4J: dogs. about. com/ cs /behaviorissues /p /barking.htm +problem barking &hl Google is neither affrl!ated with the authors of this page nor responsible for Its content. These search terms have been highlighted: problem barking How To Stc Wrom Krista Mifflin, forAbout.Com Defining Problem Barking: Problem barking is generally defined as barking constantly for a period of half an hour or more, or more specifically, any. prolonged period of barking that irritates your neighbors. Most barking occurs while the owner is away, leaving the owner (you) with a false idea that his /her dog doesn't bark at all. Dogs that tend to bark when their owners are gone often start up after the owner is far enough to be unable to hear, and stop minutes before the owner arrives at home. Why Dogs Bark for Prolonged Periods of Time: The most common reasons for dogs to bark for prolonged periods of time are boredom and loneliness. Dogs also bark during play, for attention (aside from loneliness, more a "hey look at me!" type of barking), to communicate, and to alert if a stranger or scary object is nearby. If it's a dog, it's more than likely that it will bark. Determining the Cause: *hat's causing the barking needs to be determined.before taking steps to eliminate nuisance v�syo rvcwmc� Apply now t http: //64.233.169.104 /search ?q= cache:8m3 QcyoEXZ4J: dogs. about .cornlcslbehaviorissueslplbark... 4/7/2008 About Dogs - How To Stop Your Dog From Barking and Barking and Barking ... Page 2 of 3 barking. Ask your neighbours if you leave your house for an extended period of time to see if your dog is a barker. If you're home most of the day, or if your neighbours have heard nothing, then don't worry about it. If the possibility still bothers you, use a tape recorder left in your home to • record your dog's activities while you're out. Barking in the Yard, All the Time: Outside dogs that bark are barking for attention. It's that simple. Dogs are pack animals, and need to be with their "pack" most, if not all, of the time. It can be argued that some dogs were designed to be outside all the time by the nature of their coat, but that argument doesn't wash with me. My heavy- coated Husky -mix still wants.to be where we are. Or rather, wants us to be where he is. He does like it outside, and will spend hours running around in the snow, but we have to be there too. If your outside dog is barking a lot, go out and get him, play with him, shower him with attention for most of the day, take him for a long walk, or just bring him inside with you. I think you'll find this works much better than any other method I'll mention later on. He is barking because he wants YOU. Loneliness is the easiest thing to cure in this case, and quite possibly the most rewarding for you as well, and I don't mean by keeping your dog quiet. Boredom Barking: "I'm so sad and l0000nely ... " This is the most common, and it almost always happens when you (the owner) have left the house for whatever reason. This isn't an easy thing to correct. The first step, of course, is to actually • discover the problem. Be Pro- Active: Don't wait for your neighbors to complain, go and ask them if they hear your dog while you are gone, or try to catch him barking, either on tape, or going home earlier on In the day. If He Does Bark: Now comes the fun part. What will work, and how will you know when it does? You may need to ask your neighbors for help. Things to Try: • rrat;ng your dog while you are gone • Leave the radio on, or the television, to give your dog a sense of company and normalcy. • Give your dog something to occupy him while you are gone. A Buster Cube, or a stuffed Ken.- works well as a time - consuming, entertaining toy. • A companion. Two dogs will often keep each other company and entertained when alone, although I really don't recommend this option unless you are prepared to deal with all that having two dogs (or more) entails. • • Doggie Daycare http: //64 .233.169.104 /search ?q= cache:8m3 QeyoEXZ4J: dogs. about. cony )cslbehaviorissueslpibark... 4/7/2008 About Dogs - How To Stop Your Dog From Barking and Barking and Barking ... Page 3 of 3 Alert Barking: i Many people encourage the alert barking, myself included, for various reasons. For myself, if my dogs don't bark wh door, I don't hear them knock. They also alert me when the phone rings. If you want your dog to alert you to the presence of somebody at the door, in the yard, or anything else unusual, bu barks, you can teach the "enough" command. As odd as this sounds, you do this by teaching him to "speak" on com Teaching "Speak" and "Enough ": Capitalize on your dog's willingness to let you know that somebody is at the door_ You know he barks, he knows tha- on that. If your dog is anything like my three, they are gullible enough to believe that a knock on any wood, from ar impending strangers. Sit yourself down, and issue the command : "Speak "_ As you say it, knock on any hard object. Hopefully it elicits the he dashes off to investigate. Now, bring him back. Ideally he shouldn't be dashing off, but this is what dogs do. Repeat. "Speak', knock on wood, command (Speak), reaction (Woof), praise and treat. Repeat Before you start off on this possibly impractical of doing it, how easily led are your dogs? Perhaps you already have l without realizing it? �o any of these situations sound familiar to you? • "Who's there?" - 'Woof!" • "Hell0000l" - "Woof!" • "What do you think you are doing ?" - "Woof!" If you are nodding your head, saying yes, that's what my dog responds to, then you're all set. "Enough" Now he'll speak when you want him to, it's all a matter of using his associating word or phrase. To get him stop barking on command, it's safest to use an all- purpose word for all kinds of barking, which is why "et Give him the speak -to -me phrase, whichever it may be, to get him barking. As soon as there's a break in the barkin And treat him mightily as soon as he looks at you. You need to be careful to time your command in the second he stops barking, as soon as he is quiet for a second. TI second to spare, but grab his attention, holler the command, and treat him fast. Practice this a LOT. C1 http: //64. 233.169. 104 /search ?q= cache:8m3QeyoE)CZ4J: dogs. about .con /cslbehaviorissueslplbark... 4/712008 ... -. .a.a 11W1111 1v ..cbr.uo. uuornlatlon on animal noarding Page 1 of 2 This is G o o g ' a's -ache of http .1 Aavw theroadhcme -dons org- 'hcarding htm as retrieved on Apr 1, 2008 18:41:31 GMT. G o o g I a's cache is the snapshot that we took of the page as we crawled the web. The page may have changed since that time. Click here for the current page without highlighting. This cached page may reference images which are no longer available. Click here for the cached text only. To link to or bookmark this page, use the following Ud: http: //w .google.Com/ search ?q- cache:CxG5yovDtRAJ: wwv. Chexoatlhome- eogs. org /hoartling.htm+hoartling.of.anlma lsihl= eni<t- clnkicd =gigl -us (—Wtu— 'Aetugil- mdrldi dr wlsors o(dYw pug.,jpaviDltJ6tm ca e These search terms have been highlighted: hoarding of animals �d Nay K9 REscuE Home About us Donate Projects Rescue Hoarding Contact Us Animal Hoarding al hoarding is now a well understood psychiatric disorder, thanks to the Hoarding of talz_Resaarah Consortium at Tufts University. Nevertheless animal hoarding remains nderstood by the public at large- Not everyone who has more animals than he or she can for is an animal hoarder. hoarding is a specific psychiatric disorder arising primarily from obsessive compulsive r. The hallmarks of animal hoarding are • A person has more than the usual number of companion animals: • There is an obvious inability to provide even minimal standards of nutrition, sanitation, shelter, and veterinary care, with this neglect often resulting in starvation, illness, and death, • The caretaker of the animals lacks insight into his or her behavior, offering: o a myriad of denials of the deteriorated condition of the animals and the environment, despite overwhelming evidence to the contrary, or o excuses for this failure, when authorities continue to press, blaming others for the failure or conditions beyond the hoarders control: • The person shows evidence that he or she lacks the normal capacity for empathy, which may account for the inability to recognize the suffering of the animals. Animal hoarding is caused when mental illness goes untreated- It becomes a catastrophe not only for the animals that may suffer horrific abuse, but also for the hoarder him or herself, and the hoarders immediate family members, who may be enablers and victims themselves. Animal hoarding is also a burden for the neighbors, the community, and local law enforcement. The large number of animals and the associated noise, odor, and concentrated animal wastes create serious public health hazards and reduce the quality of life for the surrounding community. The sheer magnitude of the case creates often insurmountable obstacles for successful law enforcement, because of the impossibly large numbers of sick animals that must be held in custody while the case is adjudicated. Successful resolution of animal hoarding cases depends therefore on a collaboration of many parties, combining and integrating efforts of local law enforcement, social services agencies, • mental health professionals, and a collection of non -profit organizations and local volunteers. This consortium of parties unused to working together is difficult to coordinate and keep on hack for the welfare of the animals and other victims. Nevertheless, the collective effort is essential to http: //64 .233.169.104 /search ?q= cache:OxG5 YovDt8AJ: www. theroadhome- dogs.org/hoarding,ht... 4/7/2008 resolving cases involving so many animals The Road Home K9 Rescue embraces the HARC philosophy and approach to preventing the hoarding of animals. The most effective solution is that which seeks the most humane outcome for both the animals and the human victims, including the hoarder him or herself and family members. An integrated approach is essential, involving more than just punishing the animal hoarder and removing the animals. VYdhout treatment for the disorder, the recidivism rate approaches 100%, which means that more animals in the future will be subjected to neglect and abuse. Or alternatively, the hoarder is at grave risk of sell- inflx3ed harm after the animals have been awarded to the custody of others, including death either from deliberate suicide or aggravated set - neglect f members and friends are the first line of defense in preventing the hoarding of animals. suspect a friend or family. member is an animal hoarder, your actions can bring a resolution the situation gets extreme and requires the intervention of taw enforcement If you are a harian who suspects a client of hoarding animals, you, like family members, may be ing enablers. Please consider intervening before ft hoarding creates a disaster for all To learn more about tow to help a family member, fiend or client, visit the HARC web site: A The Road Home K9 Rescue staff has expertise in the area of animal hoarding. We offer our services to county and city agencies Intervening in cases of animal hoarding. As a 501(cx3) non-;raft public benefit corporation; The Road Home K9 Rescue offers education on animal hoarding: and advice on how .to' put together the multi - faceted team necessary to see through the resoiutlon of difficult animal ;IN oarding cases. The Road, Home K9 Rescue can also offer assistance In fund- raising. to support the often expensive care of the animals in custody. Your generous donations allow The Road Home K9 Rescue to offer financial assistance to county and city agencies. When funds allow, The Road Home K9 Rescue offers small grants to public and private agencies, for the continuing education of humane officers and for the support of efforts to prevent and stop the hoarding of animals. Click here for a grant application: 4Yor4 Lie PDF file To help us in this effort you Can send donations to: The Road Home K9 Rescue PMB S1T5 1500 E. Covell Blvd. B5 Davis, CA 95616 (write "animal hoardind' in the memo field) PayPal: to donate by credit card, click the button to your left. The Road Home K9 Rescue offers you the convenience of donating through your credit card- You will receive a tax donation receipt once your billing comes through to us from PayPal. For your information. PayPal takes 3% + 30¢ to provide us with this service. The user id for you to use if you need t is our email: info@theroadhome- dogs.org. infb@theroadhome-dogs.org lop://64.233.169.104 /search ?q= cache:OxG5YovDt8AJ: www. theroadhome- dogs.org/hoarding.ht... 4/7/2008 ANIMAL Animal Hoarding: What caseworkers RESCUE LEAGUE need to know of BOSTON i1 ssHOUSING Community Services Conference, 2007 Gary J. Patronek, VMD, PhD Animal hoarding, like other forms of hoarding behavior, can be devastating to families, put elders and children at risk, and incur significant cost for clean -up or. demolition. The behavior remains poorly understood, but we believe it is qualitatively different from the hoarding of [inanimate] objects. Clinical evaluations also indicate that animal hoarding is often associated with a wide variety of psychological disorders, and with the more severe disorders (e.g., borderline personality), in particular. This complicates intervention. Animal hoarding, crosses all socioeconomic boundaries, although it does remain statistically more frequent in older, isolated, socioeconomically disadvantaged women. It is not uncommon for hoarders to present themselves as legitimate animal sheltering, sanctuary, or rescue groups. It is important to distinguish animal hoarding from these legitimate and commendable efforts, which put the needs of animals first. Animal hoarding, is a very heterogeneous behavior. Three preliminary types of hoarders have been identified. These are described imthe:table below. The value of this preliminary typokJgy is that it can. help guide intervention strategies. For example; the. overwhelmed caregiver is more.likely to respond to a softer, more therapeutically - . oriented appioach. 'S/he, has greater insight that the situation is out of control, and may actC giv iittd some:refef at the prospect of help and downsizing. At the opposite end of the spee4rum is the exploiter hoarder. These individuals are in extreme denial, and will resistrany attempts to intervene in a very aggressive manner. They are much less likely to be infimated by the possibility of prosecution and legal penalties. Overwhelmed caregiver Rescuer hoarder Exploiter hoarder • Some awareness, Mission leading to - Tends to have more reality -based unavoidable sociopathic • More passive compulsion characteristics acquisition Fear of death - Lacks empathy for • Problems triggered More active vs. people or animals by change in passive acquisition Indifferent to harm circumstance Slhe is the only one caused • Unable to problem - who can provide • Rejects outsiders' solve effectively care concerns • Animals are family Rescue- followed -by • Superficial charm members adoption becomes and charisma • Likely to be socially rescue -only care Lacks guilt /remorse isolated May have extensive - Manipulative and • Self- esteem linked network of enablers cunning to role as caregiver or group • Adopts role of • Fewer issues with Not as likely to live expert with need to authorities with the animals control 11 • Role of animals is The strong attachment to animals and professed desire to help, coupled with denial of the actual conditions (which may include illness, injury, starvation, suffering, and death), is incompatible with any known theory of the human - animal bond. Thus, the nature.of the bond in animal hoarding must be understood in order to gain insight into this very aberrant form of expression. A recent study by Sue Ellen Brown (Companion anfmats as sen- objects Anmrozoos 2007, 20:329 — 343.) explored how the human - animal bond could be understood through the lens of self- psychology. She used interviews with animal rescuers to explore the relationship with animals in this highly- bonded, mission - driven sample. Her findings were that animals were perceived as intensely focused on the person; were adept at reading non - verbal cues; unable to judge, criticize, or give advice; and could not disagree with the person's interpretation of how the animal fell or what it wanted. This information is similar to information gleaned from clinical assessments and structured interviews of animal hoarders, and may help to illuminate the entry point to their worldview. Research has demonstrated that, in normally functioning families, pets can play important supporting roles as confidants for children, with whom they can share secrets, learn nurturance, and derive emotional support. It is easy to envision how this positive relationship could be exaggerated and distorted ifcircumstances forced the: animal as the primary form of support for a child in a dysfunctional family. Not surprisingly, it is quite-common for animal hoarders to report very dysfunctional childhoods, characterized by inconsistent and absent parenting, and sometimes outright abuse, with animals as the only stable fixture. • It is well established that a history of an abusive, traumatic or dysfunctional childhood is correlated with a disordered attachment style, which, in turn, can result in a controlling pattem of relationships. One way control can be manifested in adult relationships is through compulsive caregiving. In this behavior pattern, a person selects someone with a sad or difficult'51`6, and provides care obsessively, irrespective of whether the care is wanted or needed. This kind of behavior often characterizes the caregiving style of animal hoarders: Other forms of control in hoarding include refusal to adopt, rejection of expert opinion about. proper animal care and the legitimate interest of authorities, refusal of help, and sometimes the saving of dead bodies. Control over health, and even life itself, can be expressed through pseudo 'hospice' efforts, in which animals with terminal medical conditions are sought and hoarded in lieu of euthanasia. Intervention Intervention in animal hoarding cases has been described in much more depth elsewhere (htto: //www tufts edu/ vet /cfalhoardino /pubs/AnaellReoort odf). In most cases, it would be wise for caseworkers to involve either the Animal Rescue League of Boston (ARL) or the Massachusetts Society for the Prevention of Cruelty to Animals (MSPCA) at the earliest possible stage, since these organizations have both the statutory authority to investigate complaints of animal abuse or neglect, as well as the expertise and resources to intervene. Both are very experienced with animal hoarding cases, and both are comfortable with a mufti - disciplinary approach that includes counseling. • Increasingly, mental health counseling or assessment is likely to be part of either pre- • trial proceedings, negotiated settlements, or post -trial sentencing for animal hoarding. There are a number of pitfalls that must be recognized and overcome in order for this approach to be successful and productive. First, there must be some provision for payment of the therapist. Animal hoarders have tittle motivation to seek or comply with treatment, therefore willingness to pay is low. There also must be some verifiable procedure for monitoring adherence, and it is important that the type and duration of therapy be prescribed. Thus, there must be good communication with the therapist, so s/he fully understands the scope of the problem, the centrality of the animals to the situation, and the high likelihood of recidivism. There have been cases where therapists assumed that, once the animals were removed (e.g., after prosecution), then the problem (filth and compromised living spaces), was solved; failing to appreciate that the problem of fifth and compromised living spaces was the result of the obsessive need to accumulate animals, and not the cause. Jane N. Nathanson, LCSW, LRC, CRC, a social worker with extensive experience working with animal hoarders, has suggested that for successful counseling, the following steps are essential: • Specify the individual(s) involved in monitoring treatment • Provide information about the role of animals in the situation • Specify the length and frequency of counseling • A summary report provided to the probation of officer or court • Stipulate terms for monitoring during the probationary period • Identify resources for payment Summary Our most recent experience does suggest that the OCD model we have previously postulated is not sufficient to explain animal hoarding behavior or guide treatment and intervention. In particular, it falls short with respect to the caregiving aspect, aspects of interaction with a living being, and the high frequency of complicating co-morbid psychological disorders associated with animal hoarding. There is, however; significant symptomatic overlap with dissociative symptoms which, are common secondary to trauma, including major dysfunction in work, social, and daily activities, reduced awareness of surroundings, and impaired ability to form close relationships with people. Circumstances during intervening years between childhood trauma and deterioration into animal hoarding remain to be clarified, as most of our data are cross - sectional in nature, generally only from around the time of discovery. However, two recurrent themes surrounding onset in our case series include triggering events (such as a loss of a stabilizing relationship, economic hardship, major health issues or other trauma) and a response of complicated grief. Animal hoarding likely results from a complex interaction of disordered attachment, addictive behavior patterns, compulsive caregiving, dissociation, self- regulatory detects, and orbito- frontal dysfunction arising out of earty childhood experiences. How this milieu is expressed is likely influenced by adult coping styles with respect to loss and the unpredictable effects of triggering events. Given these uncertainties, intervention and treatment require a highly individualized approach. A i uog vwner-s tiume: what is a Puppy Mill? Page 1 of 6 IDog O wnerN Guide: What is a Puppy Mill? ( ww w. canismajor .comldoglpuppyinil.htmi)I Home Topics Index Newest Bookstore Reprints Privacy About Just what is a puppy mill? • lhcdi loll) ma • Fcoi III i�m of 1) i4l)- %;olunle "enrick • The :Animal Woltare Act • 000 definitions A puppy mill is ... . ,The dilemma Twenty years ago, people knew that a "puppy mill' was a substandard kennel where unhealthy, overbrcd dogs were kept in horrendous conditions. Today it's not so easy. In the last decade of the 20th Century, activist groups began to broaden the term to cover just about any kennel that they didn't like. As a result, commercial kennels and bobby breeders with more than an arbitrary number of dogs or litters have become targets for anti - breeding groups that lobby for laws to restrict these law - abiding operations. These organizations stir up public support for breeding restrictions and high license fees by deliberately blurring the lines between responsible breeding operations and real puppy mills. They use emotional rhetoric and pictures of dirty kennels and sickly dogs to imply that most or all breeders will subject their dogs to abusive lives unless they are regulated. Shelter and rescue workers who receive dogs from raids on squalid kennels often lead the fight for laws restricting or regulating breeding in an effort to close kennels they label as puppy mills. Some responsible breeders are so incensed at the existence of substandard kennels that they are willing to accept these punitive licensing schemes even though the costs may limit or destroy their breeding programs. Lawmakers who write bills aimed at preventing puppy mills leave the definitions up to those who lobby for the laws. As a result, publicity campaigns highlight kennels where dozens or hundreds of dogs are kept in poor conditions, but the bills themselves often target responsible hobby and commercial breeders with far fewer breeding dogs. Chow do we evaluate those bills and make sure that substandard kennels are cleaned up? First we have to me "puppy mill." Is it ... http:// www. canismajor.com/dog/puppymil.httnl 4/712008 uug owners dunce: wtiat is a Puppy Mill? Page 2 of 6 • A dirty, trashy place where one or several breeds of dogs are kept in deplorable conditions with little or no medical care and puppies are always available? • Any high - volume kennel? • A clean place where several breeds of dogs are raised in adequate conditions and the breeder usually always has puppies for sale? • A place where a single breed ofdog is raised in acceptable conditions and puppies are usually or often available? • A place where lots of dogs are raised, where breeding is done solely for financial gain rather than protection of breed integrity, and where puppies are sold to brokers. or to pet stores? The answer depends on who you ask.... A hobby breeder dedicated to promoting and protecting a particular breed or two might consider all of the above kennels to be puppy mills. Animal shelter and rescue workers who deal daily with abandoned, neglected, or abused dogs might agree. Operators of clean commercial kennels, licensed by the US Department of Agriculture or by state law, will strongly disagree, for the very mention of "puppy mill" damages their business and that of the pet stores they deal with. John Q Dog Owner probably thinks of puppy mills as those places exposed on 20120, Dateline, or Geraldo or pictured on fundraising pamphlets by the Humane Society of the US and other animal rights charities. He has seen the cameras pan back and forth over trash, piles of feces, dogs with runny noses and oozing sores, dogs crammed into shopping carts and tiny coops, rats.sharing dirty food bowls and dry dishes. He has seen the kennel owner captured on tape, dirty, barely articulate, and ignorant of dog care, temperament, genetic health, or proper nutrition. But is the television crew simply seeking the sensational and applying these appalling conditions to the entire dog producing industry? Are the photos on the fundraising appeals accurate depictions of the majority of high volume kennels or are they used to generate disgust for breeders and dollars for • treasuries? To be clear, we at Dog Owner's Guide believe that kennel conditions and dog health, not numbers or profit motive, determine whether a kennel should be called a puppy mill. Evolution of high - volume kennels The post -war boom of the late 1940s led to more leisure time and greater amounts of disposable income. At the same time, farmers, mostly in the Midwest, were seeking alternative crops. Available money met with available supply, and the result was the development of commercial puppy businesses. Retail pet outlets grew in numbers as the supply of puppies increased,, and puppy production was on its way. Retail giants such as Sears Roebuck sold puppies in their pet departments and pet store chains were bom. Unfortunately, many puppy farmers had little knowledge of canine husbandry and often began their ventures with little money and ramshackle conditions. They housed their dogs in the chicken coops and rabbit hutches they already had, provided little socialization because they didn't know that puppies needed this exposure, and often skipped veterinary care because they couldn't afford to pay. Organizations such as the HSUS (before it joined the animal rights movement) investigated conditions at these farms and. eventually were successful in focusing national attention on the repulsive conditions at breeding kennels they labeled as "puppy mills." The substandard conditions highlighted in this campaign were a major force for passage of the national Animal• Welfare Act. "Puppy mill" first became synonymous with horrible conditions, then was used to indict any breeder who breeds lots of dogs, no matter what the conditions of the kennel or the health of the puppies. http:// www. canismajor .conVdog /puppymil.html 4/7/2008 Lug vwucrs vurae: wnat is a Puppy Mill? Page 3 of 6 HSUS, People for the Ethical Treatment of Animals, and other animal rights groups planted and cultivated this "most kennels are puppy mills" idea in the public consciousness to legitimize themselves in the eyes of animal lovers and to collect tens of millions of dollars in donations. The Animal Welfare Act The Animal Welfare Act is administered by the US Department of Agriculture. The act lists several categories of businesses that handle dogs: • Pet dealers who import, buy, sell, trade or transport pets in wholesale channels; • Pet breeders who breed for the wholesale trade, whether for selling animals to other breeders or selling to brokers or directly to pet stores or laboratories; and • Laboratory animal dealers, breeders, bunchers, auction operators and promoters of contests in which animals are given as prizes. • Hobby breeders who sell directly to pet stores are exempt from licensing if they gross less than $500 per year and if they own no more than three breeding females. The AWA does not define either "commercial kennel" or "puppy mill." The American Kennel Club also avoids defining "puppy mill" but does label a commercial breeder as one who "breeds dogs as a business, for profit" and a hobby breeder as "one who breeds purebred dogs occasionally to justifiably improve the breed, not for purposes of primary income." AKC does not license breeders, but they do inspect breeders who sell AKC- registered litters. [More on AKC registration] The USDA issues licenses under the Animal Welfare Act after inspecting kennels to determine ether or not applicants.meet minimum standards for housing and care. Among the requirements are a minimum amount of space for each dog, shelter, a feeding and veterinary care program, fresh water every 24 hours, proper drainage of the kennel, and appropriate sanitary procedures to assure cleanliness. USDA licenses more than 4500 -animal dealers, the bulk of them dealing in wholesale breeding and distribution of dogs and cats. The AWA does not cover commercial breeders who sell directly to the public, and many animal welfare advocates believe that additional regulations are needed to assure buyers that breeding dogs and puppies are treated properly in these kennels. Some states have passed kennel licensing and inspection laws, but several attempts to amend the federal AWA have failed because they placed a huge burden on responsible breeders. DOG definitions It's deceptively easy to say that John Jones or Mary Smith runs a puppy mill or that pet store puppies come from puppy mills, but the label is tossed about so frequently and with so little regard for accuracy that each prospective dog owner should ascertain for himself whether or not he wishes to buy a dog from John Jones, Mary Smith, a pet store, or a hobby breeder. Here are our Dog Owner's Guide definitions to help you decide: .Hobby breeder: A breed fancier who has a breed or two (or even three); follows a breeding plan to preserve and protect each breed; produces a limited number of litters each year; breeds only when a litter will enhance breed and the breeding program; raises the puppies with plenty of environmental stimulation and human tact; has a contract that protects breeder, puppy, and buyer; raises'dog in the house or runs a small, clean 'TEnnel; screens breeding stock to eliminate hereditary defects; works with a breed.. club or kennel club to http:// www. canismajor .conVdog/puppymil.htmi 4/7/2008 —,r, v ..aaw u �uaua . vv a,aa Ia a r Uppy rV1111 r Page 4 of 6 promote and protect the breed; and cares that each and every puppy is placed in the best home possible. Commercial breeder: One who usually has several breeds of dogs with profit as the primary motive for existence. Commercial breeders that are inspected by USDA, state agencies, or the American Kennel Club •' should have adequate conditions. Commercial breeders that sell directly to the public fall through the regulatory cracks unless they do business in a state that licenses commercial kennels. Dogs in these kennels may be healthy or not and their conditions may be acceptable or not. The dogs are probably not screened for genetic diseases, and the breeding stock may or may not be selected for resemblance to the breed standard or for good temperament. Broker: One who buys puppies from commercial kennels and sells to retail outlets or other kennels. Brokers ship puppies on airlines or by truckload throughout the country. Brokers must be licensed by USDA and must abide by the shipping regulations in the Animal Welfare Act. Buncher: One who collects dogs of unknown origin for sale to laboratories or other bunchers or brokers. Bunchers are considered lower on the evolutionary scale than puppy mill operators, for there is much suspicion that they buy stolen pets, collect pets advertised as "Free to a good home," and adopt unwanted pets from animal shelters for sale to research laboratories. USDA licenses and inspects bunchers to make sure that they abide by the AWA. Amateur breeder: A dog owner whose pet either gets bred by accident or who breeds on purpose for a variety of reasons. This breeder may be ignorant of the breed standard, genetics, behavior, and good health practices. An amateur breeder can very easily become a'hobby breeder or a commercial breeder, depending on his level of interest or need for income. A real. puppy. mill: A breeder who produces puppies with no breeding program, little attention to puppy • placement, and poor health and socialization practices. Conditions in puppy mills are generally substandard and may be deplorable, and puppies and adult dogs may be malnourished, sickly, and of poor temperament. Prospective buyers should keep these definitions in mind when seeking a puppy to add to their lives. For more advice on selecting a breeder, see "Finding a responsible breeder" and "Go to the source, directly to the source, to get that special puppy." If you think you've found a real puppy mill with trashy conditions and sickly puppies and wish to report it, see "How to_stop a_puppy_mill." Norma Bennett Woolf (Dog Owner's Guide: What is a Puppy Mill? ( www. canismajor .com/dog/puppymil.html)j is a part of the Dog Owner's Guide internet website and is copyright 2007 by Canis Major Publications. You may print or download this material for non - commercial personal or school educational use. All other rights reserved. If you, your organization or business would like to reprint our articles in a newsletter or distribute them free of charge as an educational handout please see our reprint policy. Home Topics Index Newest Bookstore Reprints Privacy About • Related articles Related books http:// www. canismajor .com/dog/puppymil.htmi 4/7/2008 • 1� 11 u Orange County Weekly -Page I of 5 a - PET HELL Somebody please put the county's ardmaf shelter out of its misery BY BOB EMMERS Thursday, May 13, 1999 - 12:00 am A grieving family once showed up at the Orange County Animal Shatter in Orange with a dead ,pet. It was a Sunday, and the shelter was dosed to the public. They pied the intercom aUihe front gate and; spoke with a shelter worker inside about disposing of the A.disembodied votmasked them, 'See that trash can?' araNher Sunday. an elderly man :arrived at the shelter in tears; carrying. his dog. The ' was old and sick and the man half come to request that the dog be put io sleep. He on the same intercom to,shetter workers inside. He was leff:to stand,there, weeping liotding his sick animal, for a haltlrour before anyone carne out to help lino. A man turned up at the shelter with a dog that was out of control; it tied been attacking Photo by Keith May neighborhood cats and kids. What should he do with the dog? he asked through the intercom. The disembodied voice replied, "Figure it out for yourself, but don't leave it here." The man took the dog home, where it was the dog rather than the man who handled the matter the animal strangled Itself on its Wash while chasing a neighbors cat In more progressive shelters, cats and dogs are kept one to a cage. Not here. At the Orange County Animal Shelter, cats are kept In "gang cages," sometimes as many as 30 to a cage. Every morning, the cages are hosed down with the lots sill in them. The cats, of course, get wet; marry develop upper- resptrato y infections. The shelter vigorously carries out its policy of euthanbdng cats with upper - respiratory infections. A woman involved in rescues of Siberian husides was toll a Siberian had been taken to the shelter. She placed a hold on the anunal -if no one claimed it she could arrange a home for ft. The day came to pick up the dog. She called the shelter and explained that she couldn't get there by its 6 pm. closing time because she worked in UL Could she get the dog the next morning? she asked. No, she was told, If you can't get here by 6, 0e dog dies. The dog was killed. On a second occasion, she learned of another Siberian at the shelter and again placed a hold. She anived just as the dog was being carted off to be •euthanized. http : / /www.ocweekly.com/index3.php ?option =coo content2& task= print&id= 24108&Itemid =28... 4/9/2008 orange County Weekly Page 2 of 5 Hoping to stimulate pet adoption at the shelter. a couple of its workers secured the assistance of The Orange County Register and a grant from Polaroid to produce a weekly newspaper advertisement featuring pictures of some available dogs. The feature ran for more than a year. each week highlighting several dozen animals. The only problem was that other shelter workers were "simultaneously arranging to exterminate the dogs. Perhaps 60 percent of the featured animals were killed before their pictures appeared in the paper. There are dozens of other similar incidents that illustrate the poor service and mismanagement at the county -run shelter. a taxpayer - funded 36.5 million operation that employs 120 workers and handles more than 31,000 animals per year. Some 60 percent of those animals -more than 18.000 -are ultimately killed. Insiders say that those numbers and the fad that securing favorable work assignments is seen as a matter of knowing the right people account for poor morale among the employees. The shelter is also the focus of several lawsuits alleging improper management practices. Where the health and welfare of animals are concerned. practices at the shelter are often at cruel and careless odds with one another. For example. the shelter employs a method of euthanizing cats that is highly controversial, liftle -used outside Orange County, not acceptable to the Humane Society of the United States and sometimes horrific in its results. Meanwhile, the shelter has lagged far behind other shatters around the country in requiring the spaying or neutering of animals -an obvious way to reduce the population of unwanted pets and save taxpayer money that goes to care for them. Finally, one year ago. at the Insistence of local animal activists, the shelter began requiring that all cats adopted from the facility be spayed or neutered. it is just now developing a plan to spay and neuter dogs - because a new state law mandates it. What's wrong at Orange County Animal Control? Why is the county agency's shelter. in the words of one former employee. "an ill -run, bureaucratic relic that we should all be ashamed of'? Why does it have a reputation among humane groups and other animal - control professionals for doing only what is necessary to get by and little more? "We are so far behind most everybody else," says Maria Dales, former chairwoman of the Animal Control Advisory Board and a member of Actors and Others for Animals. There is just no creativity coming from the top. They re always in a defensive posture rather than being proactive." Ron Edwards, who worked for many years in the Los Angeles system and is now director of the city -run Irvine shatter, says: "People just don't get a warm feeling from the county shelter. There is just no sense of innovation coming from the top management" These questions and criticisms come at an important time for the county's shelter and animal-control program. In March, director Judy Maitien retired after six years. (Ironically, in the picture accompanying the newspaper story about her retirement. she is shown cuddling.a shelter cat. something the public ismot permitted to do when they come to the shelter seeking to adopt one.) Maitien was replaced temporarily.by Mark McDomran, who has been with animal control since 1982 and was the No. 2 person in • the department for seven years. McDorman is eager to secure the $79.000- per -year job permanently and seems to have the inside track, although he hedged his bets by applying at the same time for a similar job in San Diego. But critics have urged the county to look beyond those associated with the shelter's troubled past and launch a broader search for a top professional in the field. This Is an important time for animal control for another reason: the county is considering building a new shelter on land at the former Tustin Marine base. To do so, 0 must first secure long -term contracts from the 20 cities to which it already provides service. If it succeeds, the majority of Orange County's cities will be locked even longer into a program of animal control that has changed little over the decades. Animal control is part of the county's much - troubled Health Care Agency. Its jurisdiction extends to the unincorporated parts of the county and the 20 cities that contract with lt for services and pay 90 percent of its budget. Early this century. animal control was crucial to basic public Health and safety, assigned to keep the streets Gear of the carcasses of animals - horses and dogs, primarily, but also wild roadkill -that were more prevalent before automobiles became dominant. Public health is still a major focus of current animal - control responsibilities. particularly regarding the prevention of such diseases as rabies. At this, the county's animal control has.been a remarkable success: there hasn't been a case of rabies in a person in Orange County in some 50 years. The department also inspects rodeos and circuses and other facilities that make use of animals. But most of its energy and money is spent on family pets who end up at its Orange shelter, where they are housed. treated if they are sick or injured, and offered for adoption and redemption or killed. It would be unfair to blame all the complaints about Orange County Animal Control on its employees. Those interviewed for this story seemed to be caring, decent people who entered the field because they love animals. In large part, they feel they're cleaning up a mess made by the rest of us: in many ways, they're right. Ours is a disposable society, and that disposability often extends to our pets. We acquire them on a whim. like living, breathing doodads from a boutique, and then discard them when our attention spans expire or something new strikes our fancy. Consequently, prodigious numbers of dogs and cats are cranked through a pitiful life- and -death cycle driven by hard economics and heartless shortsightedness. Almost as fast as they are bred. bought and sold. they are also funneled into animal shelters and exterminated. Orange County isn't the only place where this is a problem, of course. Shelters around the country killed an estimated 5 million • dogs and cats in 1998_ In fad, Orange County's kill rate approximates the national average. and many shelters have rates that are much higher. But then: are also many programs with far lower killing rates4ncluding Irvine's, for instance, which killed only 6 http : / /www.ocweekly.com/index3.php? option= r,om_content2 &task=print&id= 24108 <emid =28... 4/9/2008 orange Uounty weekly Page 3 of 5 percent of the animals it received last year. And some animal - control programs, most notably San Frandsco's, kill almost no animals at all. •Animals get to the county shelter in lots of ways. Animal control officers on patrol pick up strays, rescue animals from the freeway or just peel them off the roads. Owners often bring in pets because they believe their pets have behavior problems or because they're moving or just because they're tired of them. Sometimes owners bring in pets with a. direct request that they be killed - because they are old or injured, because they believe the animals are vicious, or, again, simply because they are tired of them. Animals don't stay long at the shelter. By law, strays must be kept a minimum of three days and licensed dogs a minimum of seven days. After that, if they are deemed unadoptable, they can be killed. Officers attempt to contact the owners of licensed animals: otherwise, the animals wait for adopbon.or for their owners to come for them. Meanwhile, dogs are kept in individual cages and cats are housed in large gang cage"ll of them ominously marked with the day of the week the animal arrived and, thus, the day of the week they will be killed if they are not adopted. Forty years ago, the Orange County "pound master" would simply shoot unwanted animals. Today, killing is accomplished by lethal injection. The preferred method is to Inject a lethal dose of a barbiturate directly into a vein, making the death quick and relatively painless. This Is the way most dogs are killed at the Orange County shelter. The procedure for killing cats is different. Under the direction of Dr. Richard Evans, head veterinarian since 1972, the shelter employs a method of lethal injection that is highly controversial and 1'dtirwsed outside Orange County. By this method, which is called Intrahepatic, the killing solution Is injected into the cars liver. Evans contends that there is little pain involved and that death occurs in an average of ill seconds. Butaccording.to the Humane Society of the United States, the Intrahepatic method is not an "acceptable route" because it has not yet been sufficiently studied and "questions remain regarding the accuracy of injection, organ sensitivity to pain ... and smooth Induction into unconscious." Evans' claims 9*4 the hdrahepatic method is fast and nearly painless are also disputed by some who have witnessed,the procedure. Jeff Isbell! was a volunteer at the county shelter for several years and was recognized by supervisors for his efforts. (He is also manied'to Marie Hul ft, a lieutenant with the animaLCOntrol department; she's currently suing the county, alleging she was the victim of sex discrimination atthe shelter.) Isbell often worked on Sundays. Though the she te f was dosed to the putiGc, euthanasia went on apace:(as it does every other day of the week), and Isbell says he witnessed the killing of cats at least. half a dozen times. He says shelter workers would enter one of the large cages, which contain as many as 30 cats, and grab-hoid of them one at 'a time with a catchpole4long metal rod with a lockable wire noose at one end used to restrain fractious or violentanimals. In the midst of all the other cats, the selected . one would be stretched out to expose its belly, and the lethal injection would be administered. 'Tike cats were dearly experiencing pain and anxiety," Isbell said. "They were hissing, spitting, clawing at the air, clawing at one another, trying to climb the cage. Because the cats would be struggling, the shot would sometirnes go into the abdomen instead of the liver, and it would take rive to 15 minutes for them to die. Some of them would be climbing the4ence when it hit them, and then they'd fag off onto the concrete." In the midst of such killing sessions, Isbell said, the floor of the cage would be a "writhing mass" of dying cats. Evans says cats are no longer killed an masse. Instead, he said, a worker captures and restrains each cat with a catchpole, removes it from the cage so that it cannot be seen by other cats, and then kills it. Evans also claims that seizures in injected . animals are rare and that only once could he recall an injected cat climbing the fence and then falling to the concrete. In addition to the dispute over the time and pain involved in the use of liver injections to kill rats, the use of the catchpole itself is also controversial outside of Orange County. But Evans said he's found that other methods of restraining cats -such as holding them with gloved hands, putting them in a bag or catching them with a net- don't work very well and can be dangerous for workers. For that reason, he said, the catchpole Is necessary. But Isbell said he saw the catchpole used indiscriminately, even on cats tagged as docile. Edwards, the director of the Irvine animal shelter, said the use of a catchpole is "not appropriate because it can easily break a qt's neck." Edwards' shelter has a killing rate of just 6 percent to 7 percent, but he has worked at what he calls "high Idir shatters and has had to euthanize many cats. Restraint isn't really a problem, he said. Many other shelters use a cat shield, which holds the animal and through which the animal can be injected. "I've never been bitten or scratched," he said. "Thars just not the norm." A request by the Weeldy to witness the killing procedure was discussed by Evans and McDonnan, animal controls interim director, but ultimately denied. The relentless execution of animals, so many of them former pets who are bewildered and terrified, makes for a dramatically compelling controversy. But these killings are just the final moments in a chain of events, a procession of other problems at the unty shaker that may be even more significant. They go to the heart of the way the shelter is managed and they may serve to crease the number of animals that must be killed. For example, the shelter's public hours discourage adoptions because they http : / /www.ocweekly.comlindex3.php ?option =con content2&task— print&id= 241O8<enlid =28... 4/9/2008 orange k-ounty weekly Page 4 of 5 do not accommodate the schedules of most working people. Most days, the shelter is open only from 10 a.m. to 6 p.m. But it closes early on Saturdays, and it is closed entirely on Sunday, a prime family day. Beyond that, a visit to the shelter is not a pleasant experience. The Weekly accompanied Dales to the county shelter at about 6:30 p.m. on a recent Wednesday. The place is grim, with lots of chainlink fencing against a background of institutional gray concrete. There were no customer - friendly colors or posters. The dogs were in individual cages, often huddled in the back. Until recently, lighting was so bad that it was impossible to see many of them; new lighting is being Installed after the complaints of activists and volunteers contributed most of the funds. Many cages lacked cards indicating the breed of the dog or any other information .for prospective adopters -such as "This dog is good with children" or "This dog is trained "And there were at least 35 empty dog cages, which raises questions given the high kill rates. Because the shelter keeps cats in the large gang cages, prospective adopters are not permitted to hold the animals they are considering bringing into their homes. This contradicts the practice of most other shelters. Sheller officials explain that any major capital improvements at the current shelter, such as individual cat loges, would be imprudent since a new shelter is in the planning stages. There seems to have been little thought given to purchasing individual portable cages that could be moved to a new shelter. There were marry staff members around during the Weekys visit, but none of them offered any assistance. In other words, if the shelter were a business dealing in pets to be adopted -It would have been overwhelmed by its competitors long ago. And of course, if the shelter were a business, it would be one that destroyed 60 percent of its inventory every year. 'There just seems to be no vision, no drive to make the shelter a friendly place where you really want to go to adopt an animal," Dates observed. "There's a real fortress mentality," said Dr. John Hamil, a Laguna Beach veterinarian and former advisory-board member. "We live in one of the wealthiest, most educated communities in the world, and animal control hasn't changed. It needs to be run like a business, with real problem - solving techniques in place." If it were a business, the shelter might make better use of the vast pool of volunteers who would be glad to work there, grooming animals, walking them or providing information to people looking fora pet.to adopt It does not. Nor does.the shelter provide counseling about animal behavior or handing. for people who want to adopt pets or for people who want to give up their pets and could possibly be dissuaded if they sirrgfly knew how to better deal with the animals. Neither does the shelter screen people who • adopt ammalsso there's no way to prevent adoption by someone who Intends to use the animal as an otherwise- to-be- neglected junkyard dog or sell it to a restaurant for food or to a research program for experimentation. The shelter also lacks a sense of public relations. In one now - notorious instance, two dogs were.brought to the shelter after their owner died saving them from a fire. It could have been a pub".windfal. Instead, at the last minute, sources within the shatter alerted animal activists that the dogs were scheduled for euthanasia because they were old and considered unlikely candidates for adoption. The activists informed reporters at the Register. They looked into the situation, and the dogs were saved. In the story that ulknately appeared in the Register, shelter officials denied they ever considered Idling the dogs -a claim one shelter employee says is "blatantly untrue." And then there is the question of spaying or neutering animals. Logic Indicates that the best way to attack the problem of pet overpopulation is to prevent them from breeding. New York City implemented an aggressive spaying and neutering program and cut Its kill rate dramatically. Marry municipal shakers in the county- Irvine, Laguna Beach, Mission Viejo and San Clemente, for instance-require that any animal leaving the shelter be spayed or neutered. But the Orange County shelter only recently began requiring that an cats be spayed or neutered, and that was because of a decade -long campaign by animal -rights activists. The shelter is planning to require the spaying and neutering of dogs, but state law mandates it by the first of next year. Even so, shelter management doesn't expect to have a plan ready to show the county. Board of Supervisors until September. "Los Angeles spays and neuters all of its animals," Hamil noted. "Why aren't we embarrassed about that?" "Our shelter should be setting the pace," Dales said. "Why isn't it?" ICs not for lack of money. Orange County's spending per capita on the shelter is about $2.70; the national average is just under $1.50. The city of Irvine's per capita spending is higher than the county's, but not outlandishly so; with its money, Irvine runs a shelter that places most of its animals, kills only a few, sees to it that all its animals are exercised regularly, lets its lots be held by prospective adopters, requires that all its animals be spayed or neutered, offers adoption counseling and animal -care education, and runs a facility that is bright, cheerful and friendly. Nor is the county's high kill rate inevitable. Five years ago, San Francisco turned its shatter program over to the Society for the • Prevention of Cruelty to Animals. In the process, it saved considerable money and now kits only animals that are vicious, incurably in or Injured. The rest are adopted out, thanks to an effective marketing- and - education campaign. Las Vegas also runs http : / /www.ocweekly.com/index3.php ?option =corn content2& task= print&id= 24108<eniid =28... 4/9/2008 vranke wunry weekly an essentially no -kill shelter program. Page 5 of 5 •Such programs aggressively pursue spaying and neutering and enthusiastically market adoptions. (Las Vegas, for example, offers free obedience training, reduced fees for animals considered less adoptable, and waived impound fees for low-income families who watch a film about responsible animal care. And its shelter offers adoptions seven days per week.) The problems at the Orange County shelter seem to begin in management Edwards, the Irvine director, sees a general lack of innovation "coming from the top." He said, for instance, that he rarely sees Orange County officials at professional conferences he attends. There is also a very considerable insular and defensive attitude on the part of the animal- control bureaucrats. "The attitude. they have; said attorney Robert Newman, a new member of the advisory board, "is that if you don't agree with us, then you must be against us." At a recent meeting of the advisory board, chairman Richard Grant routinely asked for approval of the minutes of the previous meeting. Newman spoke up to point out numerous things he felt were missing from the minutes or mischaracteraed in them. As Newman went through his list, Grant sat silent, his hand on his chin, scowling. Another incident is equally illuminating. Last year, the advisory board discussed the intrahepatic method of cat euthanasia and invited Evans to state his case. During the meeting, Dales, then the board's president, asked head vet Evans a number of tough questions. After the meeting, Dales was being interviewed by a reporter. Evans walked by and muttered, "Idior4oudly enough that both Dales and the reporter could hear. McDomuan is the man temporarily at the top of the shelter bureaucracy, and he would like badly to stay there. During a long interview, he was pleasant and upbeat but unwilling to admit that much of anything could be wrong. His constant refrain was "I've only been in the job a few days. Give me a chance." That response conveniently Ignores the fad that he has been with the department since 1082 and was second in command for seven years. "We're the good guys," McDo nnsn said. "We have a good, positive program McDorman insisted that the shelter receives 'positive feedback from the cities It serves," that the response time on calls is 'Wonderful," tfrat"00 percent- of animals with identification are returned to their owners, and that complaints from citizens are few. The new shelter, he said, will be "state-of-the-art" •If there are problems, McDommn surggested, they begin with Orange Cauruty s conservative, anti government dghtiring�s who, hectad; believe peopte'shouW have a "right to adopt a non spayed or neutered anirrial.' Anottier part of the problem has been finding the money, Mo Orman said, even though Orange County's budget is higher than average and marry other shelters have antrsted local vets;•to proJidelow -sort senrfces. Of the controversial, inlrahapatic method of 1o71ing cats, McDorrnan would only say, "That is a veterinary procedure, and I'm hesltant to tell them how to r:o lt " Some animal- rights activists are hopeful. If a new shelter is eventually built, its presence might spur new ways of thinking about animal control in'Orange County. The same activists see hope in the search for a new permanent drector for animal control. Meanwhile, things continue pretty much as they ve always been. Animal control is a wrenching job. Many workers, especially those involved in euthanasia, suffer nightmares and other side effects and need counseling. As Evans noted: "We're the ones who have to dean up society's mess. We love animals and don't like to do it, but it has to be done." Pissed off? Concerned? Interested? Bob Emmers will host an OC Weekly panel discussion on animal control in Orange County at the Lab, 2930 Bristol St, Costa Mesa. Tues., 7 p.m. Free. For more information, contact Shells Murach at (714) 708 -8400. t-1 http : / /www.ocweekly.comlindex3.php? option= com_content2 &task=print &id= 24108 &Itemid =28... 4/9/2008 J Items 1 & 2 • PLANNING & DEVELOPMENT SERVICES DEPARTMENT STAFF REPORT DATE: 'October 7, 2003 TO: Orange County Planning Commission FROM: Planning & Development Services Department SUBJECT: Public Workshop (continued item from the September 9s' PC meeting) on proposed alternatives to mitigate noise impacts of dog kennels in County unincorporated communities and a Public Hearine to consider recommending that the Board of Supervisors amend Section 4 -1 -48 of the County Health, Sanitation and Animal Regulations to make it a violation for kennel animals to disturb the peace and comfort of the neighborhood. LOCATION: Countywide; particularly in unincorporated areas of the County of Orange with an Al "General Agricultural" District designation. APPLICANT: County of Orange SUMMARY: On September 9, 2003, the.Planning Commission continued a planned • Public Workshop on proposed alternatives, to mitigate noise impacts of dog kennels to October 7, 2003, in response to a request from Second District Supervisor James Silva In the ensuing period, Supervisor Silva met with County Counsel, PDSD staff, and .a number of commercial dog kennel owners and operators. As a result of these meetings one of the six alternatives proposed in the September 9, 2003 PDSD Staff Report on this subject has emerged as the Staff recommended alternative. PDSD requests that the Planning Commission hold a Public Workshop to discuss the alternatives for addressing excess noise emanating from commercial dog kennels in unincorporated Orange County and then hold a Public Hearing to consider adopting the Staff recommended alternative, which consists of revising Section 4 -1-48 of the Health Sanitation and Animal Regulations relating to animals that disrupt the peace and comfort of a neighborhood in Al "General Agricultural" District designations. STAFF CONTACT: PDSD: Joshua McDonnell Phone: (714) 834 -2083 Fax: (714) 667 -8344 • • DISCUSSION: Beginning in August of 2001, County staff participated in a series of meetings to discuss concerns related to noise emanating from commercial dog kennel operations in certain unincorporated communities. Residents.of these unincorporated areas and surrounding cities are increasingly concerned with the impacts these operations have on their quality of life.. The issue of noise generated by dog kennels can occur in all areas of the County, although PDSD has received a number of complaints from residents in or near unincorporated communities with an Al "General Agriculture" District zoning designation. While the predominant land use in these communities is typically residential in nature, the Al zoning classification allows far the establishment of kennels subject to the approval of a Use Permit pursuant to section 7 -9 -55.4 of the Zoning Code by the Zoning Administrator or Planning Commission. Many commercial kennel operations were established in the 1950s.and 1900s in unincorporated lands that were surrounded by predominantly agricultural type uses. Subsequent development and annexations have resulted in at least one small unincorporated island with commercial kennel operations sometimes being surrounded by residential communities. Attachment I illustrates existing commercial kennel operations in the various areas of unincorporated Orange County. The resulting proximity of more recently developed residential, neighborhoods to the previously estab ished dog kennels and the,unique noise properties of dog:barking-have created a conflict. Dog - :harking is an impulse type sound and much like fireworks and gunshots and is comprised of • punctuated spikes, An irregular and persistent level of punctuated spikes in noise levels can be highly annoying and difficult, to ignore. In fact; because of these punctuated spikes, the sound of one dog barking can have almost the same noise impact as ten dogs barking. PDSD staff polled other jurisdictions in Orange County in an effort to gather examples of regulations that address excess noise emanating from commercial kennel operations. All of the jurisdictions polled use the conditional use permit "conditions of approval' method to regulate kennel noise. Unfortunately, many of the kennels in unincorporated "Orange, County were approved .prior to the use of conditions of approval to regulate development became common practice. Nonetheless, residents of neighboring communities surrounding existing unincorporated commercial kennel operations have raised understandable concerns regarding what they consider to be excessive and intolerable noise levels emanating from these facilities. In response to these concerns, County staff researched a number of alternatives to mitigate and/or minimize the noise impacts. After subsequent informal meeting by Supervisor Silva with County Counsel, PDSD Staff and a number of the commercial dog kennel owners and operators one of the six original alternatives has emerged as the preferred method to take care of this issue. • Alternative 1: Amendment to the Health Sanitation and Animal Regulations Section 4-1 -48 of the Health Sanitation and Animal Regulations prohibits the keeping and maintenance of animals that may disturb the peace and comfort of the inhabitants of the neighborhood or reasonable enjoyment of life and property, except those animals on property used for and associated with agricultural production. Because the underlying zoning of some commercial dog kennel operations is Al "General Agriculture ", Section 4 -1-48 currently does not apply to these facilities. The intent of this alternative is to amend the Health Sanitation and Animal Regulations to maintain the noise exception for animals utilized for agricultural purposes, but more narrowly define the exception to animals used for the production of crops, livestock and poultry. This alternative would change the text of Section 4 -1-48 to read, (a) No person shall keep, maintain, or permit, either willfully or through failure to exercise proper control, on any lot, parcel of land or premises under his or her control any animal: . (1) which by sound or cry shall disturb the peace and comfort of the inhabitants of the neighborhood, or (2) (b) (c) (d) (3) &ktg- interferes_ with anyperson in the reasonable and comfortable enjoyment of life or property The intent of this alternative is to encourage noise mitigation, such as keeping of dogs in enclosed; sound attenuated structures to attain an enhanced quality of life for surrounding residents without forcing commercial kennel operators in areas zoned Al to comply with more restrictive noise standards than property owners in other areas of the County. Advantages: More closely reflects what staff believes to be the true intent of the County Code. Implementation can be immediate. Disadvantages: Capital expenses may be incurred by kennel operators found to be in violation of the Ordinance. Significant costs for monitoring and enforcement of new Ordinance may be incurred by the County. 3 11 0 • CEQA DOCUMENTATION Tbe.project is Categorically Exempt, Class 8, from the California Environmental Quality Act. RECOMMENDATION Planning and Development Services Department recommends the Planning Commission: a. Receive staff presentation and public testimony as appropriate; b. Recommend that the Board of Supervisors amend Section 4-1-48 of the County Codified Ordinances. Respectfully submitted, Jo, t Buzas, Manager C>ent and Advance Planning Services Attachments: • Attachment 1: Ordinance amending Section 4-1-48 relating to Nuisances Attachment 2: Section 4 -6 -5 "Exterior Noise Standards" of County Codified Ordinances Attachment 3: Correspondence received from interested parties 0 4 Item A PLANNING &DEVELOPMENT SERVICES DEPARTMENT ,-------STAFF REPORT DATE: December 9, 2003 TO: Orange County Planning Commission FROM: Planning & Development Services Department SUBJECT: Public Hearing to consider recommending that the Board of Supervisors amend Section 4 -1 -48 of the County Health, Sanitation and Animal Regulations to more strictly define the Section's exemption for noise emanating from animals located on properties zoned for agricultural uses. LOCATION: Unincorporated areas of the County of Orange with an Al "General Agricultural" District designation. APPLICANT: County of Orange SUMMARY: On October 7, 2003 and November 4, 2003, the Planning Commission held Public Workshops to discuss altcmatives for mitigating noise impacts to surrounding residents emanating fiom commercial dog kennel operations. The purpose of today's Public Hearing is for the Planning Commission to consider recommending that the Board.of Supervisors amend.Section 4-148 of the County Health. Sanitation and Animal Regulations to more strictly define the Section's exemption for noise emanating from animals located on properties zoned for agricultural uses. STAFF CONTACT: Joshua McDonnell Phone:. (714) 834 -2083 Fax: (714) 667-8344 DISCUSSION: A number of commercial dog kennels currently operate in unincorporated Orange County. The majority of these kennels are located in two areas, Riverside Drive in unincorporated Santa Ana Heights and Kenmore Lane in unincorporated Stanton. Although the kennels on Riverside Drive are subject to County regulations regarding excess dog barking emanating from their property, the kennels on Kenmore Lane arc Trot. Kenmore Lane is zoned "Al" General Agriculture and kennel operations have been located on the street since the 1950's. However, subsequent to the establishment of many of these kennels, single and multi family residential development has steadily grown on lands surrounding the unincorporated community, resulting in a condition where property lines are now shared between parcels with commercial dog kennels and parcels with residences. This condition generally does not result in problems given the excellent job most of the commercial kennels do to keep barking and other sound emanating from their • • • operations to a minimum. Kennel owners keep nice to a minimum through the use of a variety of methods, including: (1) having staff on hand 24 hours a day to monitor the dogs, (2) by using electronic dog collars, (3) by "de- barking" animals through a simple surgical procedure, and (4) by placing their kerutels in sound atteuuated structures. One or two kennels on Kermore Lane make little to no effort to minimize the noise emanating from their kennel operations. Unfortunately, the County has no regulatory authority to require that these kennels comply with Section 4 -1 -48 of the County Health, Sanitation and Animal Regulations (which addresses excess dog barking) because there is a clause in the Section that exempts properties zoned for agricultural purposes from its restrictions. Today's Public Hearing proposes to address the subject of noise emanating from commercial dog kennel operations on Kermore Lane by revising the exemption provision in Section 4 -1-48 to not apply.to commercial dog kennel operations on.Kermore Lane. This staff report provides the following information: (l) provides the specific language proposed for inclusion in Section 4-1- 48 of the Orange County Codified Ordinances, (2) discusses the County agencies that would be responsible for enforcing Section 4 -1-48, (3) identifies potential methods of mitigating noise emanating from commercial dog kennel operations, and (4) discusses an alternative approach to regulating.and measuring noise that has been proposed. Staff will also provide verbal comments responding to the specific questions raised by the Planning Commission at their November 4, 2003 public workshop. Proposed Amendment to Section 4 -1-48 of the County's Codified Ordinances • County Counsel, with the assistance of PI)SD staff, has prepared a draft amendment to Section 4-1-48 of the County's Codified Ordinances for consideration by the Planning Commission. The proposed amendment was developed in response to complaints from Orange County residents that commercial dog kennel facilities operating on properties that are zoned Al "General Agriculture" are exempt from the provisions from Section 4 -1-48. The intent of amending Section 4 -1-48 is to remove the exemption from the County's noise standards that commercial dog kennel operations located on properties zoned A I "General Agriculture" (specifically those located on Kermore Lane) currently have. The approval of such an amendment would create regulatory consistency for noise emissions among similar commercial uses regardless of the use's zoning designation. Such consistency does not currently exist for commercial dog kennel operations, particularly given that the commercial dog kennel operations located on Riverside Drive in Santa Ana Heights are currently required to conform to Section 4 -1-48 while commercial dog kennel operations located on Kermore Lane in unincorporated Stanton do not. The proposed amendment to Section 4 -1 -48 also adds language (Section (c)) clearly stating that a violation of the Section would occur if the noise standards set forth in Section 4-6-5 of the County Health, Sanitation and Animal Regulations are exceeded. The addition of Section (c) will provide specific standards by which County embrcement personnel could measure sound emanating from these facilities to determine whether a violation exists. Finally, the proposed amendment adds language making a violation of Section 4 -1 -48 a public nuisance. Subsequent • communications with Animal Control staff and their legal representation have resulted in the • placement of additional proposed language to section (d) of the proposed Amendment to deem the existence of a nuisance for each and every day after the service of a notice in writing to be a separate and distinct offense. The proposed amendment to Section 4 -1 -48 is provided below, with deleted language struck out and new language underlined; (a) No person shall keep, maintain, or permit, either willfully or through failure to exercise proper control, on any lot, parcel of land or premises under his or her control any animal. (1) which by sound or cry shall disturb the peace and comfort of the inhabitants of the neighborhood. or (1) which affects an entire community or neighborhood, or any considerable number of persons although the extent ofannovance or damage may dilier. or (3) which interferes with any person in the reasonable and comfortable enjoyment of life or property - --, r _ _ _ r _ ..1. (b) (c) (d) Noise generated by animals utilized in the production of crops. livestock or poultry is not subiect to. thil section. Violation ofthe noise s andardr set out in section 4-6 -5 shall be deemed to constitute a yiolofyn of this section. A- violat 2 oofthis section is apublicnuisance The existence of such nuisance far each and every day after the service ofa notice in writing from the Dtrertor_Qr his authorized • deputies and agents, or district attornev or city attorney or proseeutian attorney. to remove. discontinue or abate shall be deemed a separate and distinct offense Agencies Proposed to be Responsible for Enforcing the Amended Ordinance HCA/Animal Control is currently responsible for identifying and enforcing violations of Section 4-1 -48 of the County's Codified Ordinances. Individuals who file complaints alleging a violation of Section 4-1 -48 are required to follow a process that includes documenting the amount and timing of the barking over a period of time. Animal Control's entire process for addressing a.barking dog complaint is as follows: The reporting party initiates the first complaint by mailing in the completed Nuisance Complaint Form. 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 nuisance dog owner is given up to 10 days to resolve the situation. If the situation still exists, the complainant must file a second complaint with Orange County Animal Control Services (OCACS) through the Operations Desk. A formal letter that defines the nuisance law and advises of possible legal action is mailed to the owner. The nuisance dog owner is now given up to 14 days to resolve the situation. If the situation still exists, the complainant must file a third complaint by calling the OCACS \J Operations Desk Officer. The complainant will be mailed a Nuisance Statement Form which, when returned to OCACS, is used to document the history of the situation. • Once the Nuisance Statement is returned to the Operations Desk, an Orange County Animal Control Officer will deliver a Notice to Abate to the menial owucr. The violator is given an additional fifteen (15) days to have the noise abated (stopped) prior to the gathering of additional evidence. While the Notice to Abate is being delivered, a Petition Package is mailed to the complainant. The packet is designed to assist the complainant in gathering evidence. The complainant must gather information within have sixty (60) days (from the Notice to Abate.delivery date) which includes documenting the amount and timing of the barking over a period of time. The gathering of information is the complainant's responsibility. • Once the gathering of evidence and the completed packet is returned (by mail or in person) to the Operations Desk Officer, a case will be prepared for processing. The complainant and at least two of the complainant's neighbors must be willing to appear in court, if necessary, to testify against the animal owner /custodian for succeccftl prosecution Once all the information is processed, an Animal Control.Of6cer may issue a Notice to Appear (citation) to the animal owner /custodian and/or forward the information to a prosecutor. Source: Orange County Animal Care Services The process described above is onerous and rarely, if ever, followed to a successful conclusion by a complainant. In fact, Animal Control is currently considering altering the process to make it easier fbr complainants to achieve a successful conclusion to [heir complaint in a more efficient fashion. Additionally, early in the process of reviewing the feasibility of incorporating agriculturally zoned properties into this Section, HCA informed Supervisor Silva's office that existing shortages in staffing and resources would make it impossible for Animal Control staff to enforce an expanded ordinance (i.e. an ordinance that applies to properties zoned for agricultural uses). Given the dissatisfaction on the part of complainants (and the County) with the existing process for mitigating barking dogs as well as the staffing and resources restraints HCA is currently experiencing, PDSD subsequently offered to take responsibility for enforcement of the ordinance in areas that would become covered by the revised ordinance due to the revised language. Thus, Animal Control would continue to process barking dog complaints in all areas of the County (including Riverside Drive) that are not zoned A 1 while PDSD would focus on applying the new provisions of the revised Section 41-48 (namely the provision that makes a violation of Section 4 6 5 also a violation of Section 41-48) to properties newly covered by the revised Ordinance. principally those on Kermore Lane. r 1 Potential Options for Mitigating Violations of the Proposed Ordinance • As stated earlier, most commercial dog kennel operations use a variety of methods to minimize the noise emanating from their pncrnises. These methods include: (I) having staff an hand 24 hours a day to monitor the dogs, (2) using electronic dog collars, (3) "de- barking" animals through a simple surgical procedure, and (4) placing their kennels in sound attenuated structures. Kennels that generate the majority of complaints regarding excess dog barking on Kermore Lane share a common theme, they do not house the animals in sound attenuated structures. If the proposed Ordinance were approved, kennels found to be in violation of the Ordinance's regulations would likely need to sound attenuate their operation in order to gain compliance. Sound attenuated structures can be constructed using a variety of materials. Staff has included two sets of plans at the November 4. 2003 Public Workshop that identify the materials and design proposed in the construction of two commercial dog kennel operations. Existing operations found to be in violation of the new ordinance may choose to employ the materials and designs noted in these studies to sound attenuate their kennel structures. Additionally, PDSD staff would be willing to review any additional proposal provided by a kennel operator in violation of the Ordinance that shows promise for significantly reducing noise traveling off-site. Alternate Proposal for Establishing New Countywide Noise Standards As a result of discussions with a non - County employed noise expert, staff has received an alternate proposal for amending the County's Noise Ordinance. The proposal would establish a now Noise Ordinance (Attachment 2) that is modeled after a Model Municipal Noise Ordinaneo located in the "Handbook of Environmental Acoustics'. Adoption of the Model Municipal •. Noise Ordinance would result in the creation of new methods for measuring noise and would also adopt new sound level limitations for properties based on their principal land use (divided into residential, commercial, or industrial categories). The noise expert recommends adopting the Model Municipal Noise Ordinance as it creates a more simple method for measuring noise than is currently provided in the County's existing Noise Ordinance, Adoption of the Model Municipal Noise Ordinance would have a far greater impact on the County's existing noise standards than amending Section 4-1.48 of the County's Codified Ordinances. The repercussions of completing a comprehensive revision to the County's noise standards have not yet been analyzed fully by staff. Staff will continue to review the potential benefits of taking such an action and provide a verbal report on the similarities and differences between the Model Municipal Noise Ordinance and the County's existing Noise Ordinance during the Public Hearing. CONCLUSION: At a minimum, the proposed amendment to Section 4-1 -48 stated on page 3 of this Staff Report represents a starting point for providing a regulatory framework for noise emanating from dog kennel operations on Kermore Lane. Staff recognizes that additional alternatives are available for consideration which may present a better methodology for identifying noise standards and determining whether a complaint violates these standards. However, pursuing these alternatives • • would take considerable time and effort by staff. At this time, staff recommends the Planning Commission approve the amendment to Section 4-1 -48 as stated on Page 3. CEQA DOCUMENTATION: The project is Categorically Exempt, Class 8, from the California Environmental Quality Act RECOMMENDATION: Planning and Development Services Department recommends the Planning Commission: a. Receive staff presentation and public testimony as appropriate; and, b. Receive Planning Commission direction related to staff presentation and public comments; and, c. Recommend that the Board of Supervisors approve a draft amendment to Section 4 -1-48 of the County Codified Ordinances is presented on Page 3 of the Staff Report. Respectfully submitted, Job( huzas, Manager Current and Advance Planning-Services • ATTACHMIENTS: Attachment 1: Division 6, Article 1 "Noise Control' and Section 4-1-48 "Nuisance" of the County Codified Ordinances Attachment 2: Alternate Model Municipal Noise Ordinance Attachment 3: October 7, 2003 Public Workshop Staff Report Attachment 4: November 4, 2003 Public Workshop Staff Report Agenda Ite AGENDA STAFF REPORT M ASR Control 04- 000293 LIFO � MEETING DATE: 05/25/04 LEGAL ENTITY TAKING ACTION: sors BOARD OF SUPERVISORS DISTRICT(S): All Districts SUBMITTING AGENCY/DEPARTMENT: Resources and Development Management Department (Approved) DEPARTMENT CONTACT PERSON(S): Michael Wellborn (714) 834 -2486 Tim Neely (714) 834 -2552 SUBJECT: Amendment to Health, Sanitation and Animal Code • CEO CONCUR COUNTY COUNSEL REv1Ew CLERK OF THE BOARD Pending Review Approved Ordinance to Form Public Hearing 3 Votes Board MaiOrity Budgeted: No Current Year Cost: The costs depend Annual Cost: The annual on number of complaints filed. cost is dependent on the number of complaints filed. Staffing Impact: No # of Positions: Sole Source: N/A • Current Fiscal Year Revenue: The impact depends on the number of complaints. Funding Source: GF: Unknown at this time Board Action: N/A RECOMMENDED ACTION(S) 1.. Adopt the Planning Commission's recommendations on page 3 of this report. 2. Read title of Ordinance3, 3. Waive further reading of ordinancef 4. Conduct Piiblic Hearing. 5. Direct that the Ordinaneesbe placed on the agenda for the next regular Board meeting for adoption. SUMMARY: The Planning Commission has recommended that (1) the Board of Supervisors adopt the attached revisions to the Health, Sanitation and Animal Codes to end the exemption (created by a Court decision) of noise generated by animals located on lands that are zoned but not used for agricultural purposes from the County's noise regulations, (2) RDMD and Health Care Agency /Animal Control Di- vision finalize a . swift and sure complaint and enforcement procedure (in consultation with the Sheriff's Department); 3) the Board of Supervisors consider the complimentary relationship between the proposed amendment to 4- 1-48 and (previous actions regarding kernels, including) Resolution No. 76 -626, Section 4.01 and Summary Provisions 2, 3, and 4; and 4) RDMD transmit the minutes to the December 9, 2003 Planning Commission Public Hearing to the Board (included in Exhibits 1 - 4). Page 1 F I • Three representative weekends in October 2003 regarding barking dogs located at Riverside Drive in Santa Ana Heights Saturday 10;11;03 6:40A.Nt— 10-00AM Loud barking Sunday 1012:03 6:40 AM — I O:OOAM Loud barking My wife called the Sheriff and was told, "We do not do dog barking, call Animal Control." My wife then called and Animal Control discovered the office was closed. She left a message. Additionally, she called.the Costa Mesa Police Department and Costa Mesa has a dog - barking ordinance where the officer goes to the property of the offending dog. Likewise, Newport Beach has a dog- barking ordinance. Saturday 10118,03 • See spreadsheet with low, middle and spike Sunday l0i 1903 From 11:45PM, Saturday 10;18, until approximately 1:00AM the dogs barked!!! See spreadsheet with low, middle and spike Saturday 10,25103 6:30ANI The dogs begin barking. Sunday 10; 26 03 5:52AN1 Dogs begin barking ..andards Section 4-6 -5 _vel 55 dB(A) 7:OOAM- 10:OOPM • 50 dB(A) 10:OOPM- 7:OOAM October 18; 2003 (Saturday) Noise Level Readings using a sound level meter with readings recorded in decibels Low _ Middle Spike 6:40AM- 7:30AM 60 65 75 2:55 PM 55 60 65 5:30 PM 60 65 70 In comparison: a twin engine plane flying over Palm Mesa Apartments and the Riverside Drive Kennels registered 65 dB(A) in a period of less than 30 seconds. The dogs barked continually on Saturday 10/18/03 from 6:40AM until 5:30PM. October 19, 2003 (Sunday) Noise Level Reading using a sound level meter with the reading recorded in decibels Low Middle I Spike 6:00 AM 55 60 65 • � ePubhsh • Sec. 4 -6 -5. Exterior noise standards. Page I of 1 (a) The following noise standards, unless otherwise specifically indicated, shall apply to all residential property within a designated noise zone: NOISE STANDARDS TABLE INSET: Noise Zone Nome Lev* Time Period 1 55 dB(A) LW a.m. -10: 00 Om- 50 dB(A) 10A0P.m.— 7'00 am. In the event the alleged offensive noise consists entirely of impact noise, simple tone noise, speech, music, or any combination thereof, each of the above noise levels shall be reduced by five (5) dB_(A). (b) It shall be unlawful for any person at any location within the unincorporated area of the County to create any noise, or to allow the creation of any noise on property owned, leased, occupied, or otherwise controlled by such person, when the foregoing causes the noise level, when measured on any other residential property, either incorporated or unincorporated, to exceed: (1) The noise standard for a cumulative period of more than thirty (30) minutes in any hour; or • (2) The noise standard plus. five (5) dB(A) for a cumulative period of more than fifteen (15) minutes in any hour, or (3) The noise standard plus ten (10) dB(A) for a cumulative period of more than five (5) minutes in any hour, or (4) The noise standard plus fifteen (15) dB(A) for a cumulative period of more than one (1) minute in any hour; or (5) The noise standard plus twenty (20) dB(A) for any period of time. (c) in the event the ambient noise level exceeds any of the first four (4) noise limit categories above, the cumulative period applicable to said category shall be increased to reflect said ambient noise level. In the event the ambient noise level exceeds the fifth noise limit category, the maximum allowable noise level under said category shall be increased to reflect the maximum ambient noise level. (Ord. No. 2700, § 1, 9- 19 -73; Ord. No. 2715, § 1, 11- 13 -73; Ord. No. 2870, § 1, 10 -1 -75) Is - Aru nat tare 6ervices: Nuisance Complaint Procedure Nuisance Complaint Procedure Animal Care Services Page 1 of 2 Thanks for visiting the Orange County Animal Care Services ( OCACS) Nuisance Complaint Web Page. Orange County and California State law prohibits the ownership or maintenance of any Anknal care services animal, which by sound or cry disturbs the peace and comfort of the inhabitants of a 7:30 a.m to 5:30 p.m., neighborhood, or interferes with any person in the reasonable and comfortable enjoymer 7 days a week of life or property. Regrettably, this problem is all too frequent and is very frustrating to SerYl those being bothered.by the nuisance. q., .. (714) 9356848 (949)14w5160 OCACS will make every effort to help resolve this reported problem. We cannot help smA c6ti* resolve this matter however, without you and your neighbors assistance. Always Caine remember that OCACS will be there for you during the entire process and you may call r 041035-6943 any time for assistance. (714)j Licensing 35- -6300 The following is intended to clearly explain the role of OCACS and in • initiating the complaint. Please fill out the Nuisance Complaint Form inrits role entirety and m; back to OCACS. The freek avalade Adobe AQObat Reader S.e a higher is required to view and _ print PDF Rtes avalr'Me for download on this page. People with visual disabilities can dowMwd -toils and Infamatim at b*, /jaccessado6e,wm to help make Adobe PDF files accessible. The entire process for resolving the problem is as follows: 0 140 Ad--e-r 0�1 /-/ • You, as the reporting party, initiate the first complaint by mailing in the complete Nuisance Complaint Form (343k PDFI - Cltck here If the owner's dog is not currently licensed, an Animal Control Officer will contact the owner in person. If in dog is licensed, a postcard notifying the owner of the complaint is sent. • The nuisance dog owner is given up �t� 1 D days to esolve the situation. If the �taatieas ll exists, you-must-fde� ai;n complaint with OCACS through the s Des OCACS is not contacted within three months of the initial filing, the file will be purged.) A formal letter that defines the nuisance law and advises of possible legal action is mailed to the owner. • The nuisance dog owner is now given up to 14 days to resolve the situation. If the • situation still exists, you must fife a third co r by calling the OCACS Operations Desk Officer. You will be mailed a Nuisance Statement Form. This completed form, when retumed to OCACS, is used to document the history of the http:// w- ww. ocpetinfo .rnm /barking_dog_info.htm 2/18/2005 Animal Care Services: Nuisance Complaint Procedure Page 2 oft situation. There is a sample statement included along with the directions for . • completion. • Once the Nuisance Statement is returned to the Operations Desk, an Orange.. 3 County Animal Control Officer will deliver a Notice to Abate to the animal owner. The violator is given an additionai fifteen /t 5) days to have, the noise abated (stopped) prior to the gi—tienng of additional evidence. While the Notice to Abate i being delivered, a Petition Package will be mailed to you with instructions and / samples enclosed. The packet is designed to assist you in gathering evidence. TY I 'uifortnation you gather is important to the filing against the animal owner /custodia You and your neighbors then have socty (60) days (from the Notice to Abate delivery date) in which to gather the evidence and complete all the steps outlined the packet. • The gathering of information is your responsibility. The role of OCACS is to assist You through the legal process in an attempt to bring this matter to. a successful conclusion: • Once the gathering of evidence and the completed packet is returned (by mail or i Person) to the-O ur case will be prepared for processing You and at/, 2 of your ��Za�c'Awner/cListodianf&successfLiI be willing to appear in court if necessary, to testify agal prosecution. • • Once all the information is processed, an Animal Control Officer may issue a Notice to Appear (citation) to the animal owner /custodian and/or forward the information to a prosecutor. The action taken will be based upon the information that is supplied by you and your neighbors. Hopefully, the matter will be resolved at Step One (the postcard) and you and your neighbors can live in peace and comfort. Remember, this process takes time and Oren£ County Animal Care Services is there to help along the way. For furthelrquestions or information about the Nuisance Complaint Procedure,-,special situations, or any other Animal Care issues, please call (714) 935 -6848. - Orange County Animal Care Services 561 The City Drive South Orange, CA 92W8 Main Line (714) 935.6844 Operations (714) 935-6942 • 02004 Orange County Health Care Agency Send comments to "CA pv itLcjjlr2rmatl Adopt -A -Pet and Lost & Found animals updated, automatically, every 30 minutes httP:// www. ocpetinfo .com /barking_dog_info.htm 2/1 RMnnS 1 ORDINANCE NO. 2 AN ORDINANCE OF THE COUNTY OF ORANGE, CALIFORNIA AMENDINIP 3 SECTION 4 -1 -48 RELATING TO NUISANCES 4 5 The Board of Supervisors of the County of Orange does ordain as follows: 6 SECTION 1. Section 4 -1 -48 of the Codified Ordinances of the County of Orange is 7 hereby amended to read as follows: 8 See. 4-148. Nuisance. 9 (a) No person shall keep, maintain, or permit, either willfully or through failure to exercise 10 proper control; on any lot, parcel of land or premises under his or her control any animal: 11 (1) which by sound or cry shall disturb the peace and comfort of the inhabitants of the 12 neighborhood, or 13 (2) which affects an entire community or neighborhood, or any considerable number of 14 persons, although the extent of annoyance or damage may differ, or 15 (3) which interferes with any person in the reasonable and comfortable enjoyment of life 16 or property. 17 (b) Noise generated by animals utilized in the production of crops, livestock or poultry is not 18 subject to this section. 19 (c) Violation of the noise standards set out in section 4 -6 -5 shall be deemed to constitute a 20 violation of this section. 21 (d) A violation of this section is a public nuisance. 22 23 24 25 /( 26 27 28 (/ .J. l_ *TITLE OF DOCUMENT • Page 1 of 2 Sec. 4 -6-C Designated noise zone. The entire territory of Orange County, including incorporated and unincorporated territory, is hereby designated as "Noise Zone 1." (Ord. No. 2700, § 1, 9- 19 -73; Ord. No. 2870, § 1, 10 -1 -75) Sec. 4-64L 'Exterior noise standards. {a) The following noise standards, unless otherwise specifically indicated, shall apply. to all residential property within a designated noise zone: NOISE STANDARDS Noise Zone Noise Level Time Period 1 55 dB(A) 7:00 a.m. -10:00 p.m. 50 dB(A) 10:00 p.m.– TOO a.m. In the event the alleged offensive noise consists entirely of impact noise, simple tone noise, speech, music, or any combination thereof, each of the above noise levels shall be reduced by five (5) dB(A). (b) It shall be unlawful for any person at any location within the unincorporated area of the County to create any noise, or to allow the creation of any noise o.n property owned, leased, occupied, or otherwise controlled by such person, when the foregoing 'causes the noise level, when measured on any other residential property, either incorporated or unincorporated, to exceed: (1) The noise standard for a cumulative period of more than thirty (30) minutes in any hour, or —_(2) The. noise standard plus five (5) dB(A) for a cumulative period of more than fifteen (15) minutes in any hour, or (3) The noise standard plus ten (10) dR(A) for a cumulative period of more than five (5) minutes in any hour, or (4) The noise standard plus fifteen (15) dB(A) for a cumulative period of more than one (1) minute in any hour, or (5) The noise standard plus twenty (20) dB(A) for any period of time (c) In the event the ambient noise level exceeds any of the first four (4) noise limit categories above, the .cumulative period applicable to said category shall be increased to reflect said ambient noise level. In the event the ambient noise level exceeds the fifth noise limit category, the maximum allowable noise level under said category shall be increased to reflect the maximum ambient noise level. (Ord. No. 2700, § 1, 9- 19 -73; Ord. No. 2715, § 1, 11- 13 -73; Ord, No. 2870, § 1, 1D -1 -75) Sec. 4-6 -6. Interior noise standards. {a) The following Interior noise standards, unless otherwise specifically indicated, shall apply to all residential property within a designated noise zone: INTERIOR NOISE STANDARDS Noise Zone Noise Level Time Period 1 55 dB(A) 7 :00 a.m. -10 :00 p.m. http: / /fws.municode.com/CGI- BIN /om_isapi.dll ?infobase =l 1378.nfo &record ={ 157B) &sol... 1%16/2002 THE WILLIAMSON ACT A Brief Overview Summary In 1965, the California legislation passed the California Land Conservation Act, commonly known as The Williamson Act The primary purpose of the Williamson Act is to: Preserve the limited supply of agricultural land as an economic resource and as a source of food for the State and the Nation Discourage the conversion of agricultural land to urban uses by arresting or retarding urban sprawl Provide and or maintain Open Space The Williamson Act accomplishes its purpose by providing property owners the opportunity for reduced property faxes to farmland in return for retaining its agricultural uses. In order to participate in this process, the property owner and governmental jurisdiction enter into an • agreement limiting the use of the land for at least ten years. Upon entering this Agricultural Preserve Agreement, the County Assessor is directed to assess the property for tax purposes based solely on its agricultural and not on its development potential. The Agricultural Preserve Agreement (Ag. Preserve) between the landowner and the County is automatically renewed on January 1 of each year. The Ag. Preserve agreement can be terminated by the landowner by filing a Notice of Non - Renewal with the County by September 300', of the previous year. Once a Notice of Non - Renewal is filed, land in the Williamson Act Preserve cannot be developed for at least ten years. Assessed values for the property tax purposes gradually increase each year reaching full value in the tenth year after which the parcel is taken off the preserve and available for commercial development. Provisions Although, the main purpose of the Williamson Act is to preserve agricultural lands in the state of California, the legislation also makes provision for other "compatible uses ". Government Code (Section 51201) defines compatible uses in the context of the Williamson Act as any uses determined by the County to be compatible with Agricultural, Recreational, or Open Space. In addition, each contract permits the Board of Supervisors, by resolution, to add specific uses to the list of compatible uses. It should be noted that approval of the change of zone, use permit, or site permit is still required prior to the establishment of each additional use. The Compatible uses are the following: • • • Agricultural Use; use of land for the purpose of producing an agricultural commodity for commercial purposes. • Recreational Use; use of land by the public, with or without charges, for any of the following: walking, hiking, picnicking, camping, swimming, boating, fishing, huntyng, or other outdoor games or sports for which facilities are provided for public participation. Any fees charged for the use.of land as defined in this subdivision shall be in a reasonable amount and shall not have the affect of unduly limiting its use by the public. • Open Space; the use or maintenance of land in such a manner as to preserve its natural characteristics, beauty, or openness for the benefit and enjoyment of the public, to provide essential habitat for wildlife, or for the solar evaporation of sea water in the course of salt production for commercial purposes. History In 1965, the California legislature passed the California Land Conservation Act, better known as the Williamson Act. • The Irvine Ranch Agricultural Preserve Agreement The County and the Irvine Company entered into an Agricultural Preserve Agreement on February 18'h, 1969. The original agreement placed 49,054 acres of land within an agricultural preserve (out of a total company ownership of approximately 64,000 acres). Based on long -term estimates of planning and development needs, the Irvine Company annually notified the County of,areas subject to non - renewal within the preserve, which initiated a ten -year withdrawal .process. Over the twenty-year period (1969 - 1989), the Irvine Company has gradually given notice to withdraw all of its land from the Williamson Act. On September 30, 1989 the Irvine Company filed a notice of non - renewal on the remaining 19,000 acres of the Ag. Preserve Agreement area. The notice put into affect the nine -year phase out of the agreement over its remaining life. Accordingly, assessment of the land was re- evaluated on an annual basis and incrementally increased each year, reaching its full commercial value in 1999. On June 23, 1992 PDSD processed an amendment to the original Irvine Ranch Ag. Preserve Agreement to expand the list of compatible uses to include: (1) golf course facilities, (2) equestrian/riding facilities, (3) roadways consistent with the Master Plan of Arterial Highways, and (4) composting. • The Rancho Mission Viejo Agricultural Preserve Agreement Also in 1969, the County entered into another Ag. Preserve Agreement with the Rancho Mission Viejo Company. The original agreement covered about 29,000 acres of land in southern County and identifies thirteen agriculture or agriculture compatible uses permitted within the preserve. In 1980 the agreement was amended to add sand and gravel activities as a compatible use; then 40 in 1986, the agreement was amended twice to add two more compatible uses, a private family cemetery and a public golf courses; and later in 1988, a roadway shown on the Master Plan of • Arterial Highways was added. In 1999, the Rancho Mission Viejo Company filed a notice of partial non - renewal requesting approximately 7,815 acres to come out of the Williamson Act Preserve by fiscal year 2009. Currently, there are approximately 12;560 on 47 parcels of land in unincorporated areas of Orange County that are protected under the Williamson Act. Of those 12,560 acres, the Rancho Mission Viejo. Company owns approximately 98 percent. In the year 2005, 289 acres are scheduled to be withdrawn from the Ag. Preserve area. In addition, 7,815 acres are scheduled to be withdrawn in 2008. This leaves only 4,257.acres that are without notice of non - renewal and are not scheduled to be withdrawn in the Rancho Mission Viejo Company (see attached map). There are approximately another 218 acres outside the Rancho Mission Viejo property that have yet to file for non - renewal and are, therefore, in the Agricultural Preserve area indefinitely (see attachment 1). Removal Once a property has been entered into an agreement, there are two ways in which it can be removed: . • • Notice of Non - renewal: As described earlier, once entered into, the agreement is automatically renewed January 1" of each year unless a Notice of Non - renewal is filed by September 30`h of the previous year by the property owner. Upon filing the notice, the assessment.of the property is re- evaluated and incrementally increased each year until reaching its full value at the end of a ten -year period. • Cancellation: A contract may be cancelled, but the cancellation involves a comprehensive review and approval process. In addition the property owner must pay 12 percent of the property's full market value. PDSD processes requests for cancellations and amendment to the Agricultural Preserve contracts according to EMA Manual of Policies and Procedures No. 2.3. 101 (see attachment 2). Updates: To date, there have been two known major amendments or updates relating to the Williamson Act. On May 19, 2000 the Open Space Subvention Act regulations were amended. Of the eight areas of possible ramifications to the County of Orange, seven fell within the responsibilities of the Assessors Office. The only specific ramification to PDSD was that PDSD was required to update the Manual of Policie3 and Procedures (P &P) to include approved findings and a detailed • 0 • summary of substantial evidence to support each finding when we request for a waiver of cancellation fee for terminating Open Space easements and Agricultural Preserve contracts. u LJ More recently.-Assembly Rill 1997 became. effentive 1 nu= 1 2003. In short, this bill requires a City or County to deny approval of a tentative map or parcel map if the land is subject to an open space easement, an agricultural conservation.easement, or a.conservation easement and the resulting parcels following the subdivision do not meet the presumed minimum parcel sizes for easements entered into on or after January 1, 2003. These same provisions were previously required only for tentative maps or parcel maps if the land was subject to the Williamson Act Agricultural Preserve. Bill This bill, however, only impacts the Commissions CURRENT WILLIAMSON ACT CONTRACTS OWNER AREA SIZE acres NOTICE OF CANCELLATION FILED CONTRACT EXPIRES Rancho Mission Viejo 289 1995 2005 Rancho Mission Viejo 7,815 1999 2009 Rancho Santa Margarita 20 Not Yet Filed Indefinitely Miller 11 Not Yet Filed Indefinite] Coral Properties 43 Not, Yet Filed Indefinitely Pacific Mutual Life 22 Not Yet Filed Indefinitely CZ Master Association 4 Not Yet Filed. Indefinitely Trabuco PWT 118 Not Yet Filed Indefinite] n Excdlence' IY1/CyrJly Service COUNTY OF ORANGE HEALTH CARE AGENCY REGULATORY HEALTH SERVICES ANIMAL CARE SERVICES JULIETTE A. POULSON, RN, MN DIRECTOR DAVID L RILEY ASSISTANT DIRECTOR MIKE SPURGEON DEPUTY AGENCY DIRECTOR REGULATORY HEALTH SERVICES JENNIFER PHILLIPS DIRECTOR ANIMAL CARE SERVICES MAILING ADDRESS: 581 THE CITY DRIVE SOUTH ORANGE. CA 92888 TELEPHONE: (714) 9356848 FAX: (714) 9358373 F IMMEDIATE RELEASE Contact: Ryan Drabek 29, 2007 (714) 935-6427 Orange County Animal Care Services Launches New Barking Dog Program (Orange) — Orange County Animal Care Services ( OCACS) today announced the official launch of its new Barking Dog Program. The program is designed to expedite resolution of nuisance animal and barking dog complaints. The new Barking Dog Program was established to support Orange County Codified Ordinance • 4 -1 -59, which was adopted by the Orange County Board of Supervisors in November of 2006. The program will be in effect in the following cities: Cypress, Fountain Valley, Fullerton (effective 7/1/07), Garden Grove, Huntington Beach, Orange, Placentia, Rancho Santa Margarita, San Juan Capistrano, Villa Park, Yorba Linda and all Unincorporated areas of Orange County. The eight other cities serviced by OCACS are still reviewing the new procedure. The Barking Dog Ordinance was created by OCACS with an emphasis on providing exceptional customer, service. The ultimate goal of the program is to be fair and expedient, working with both the complainant and violator to remedy these difficult situations. In 2006, OCACS received more than 1,500 nuisance animal complaints. The new procedure allows for a visit from an Animal Control Officer upon the first complaint. During this visit the Officer will work with the dog owner to help them understand why dogs bark and provide them in%rmation on how.to reduce the barking. A citation may be written if the barking is not remedied within 10 days of the visit. Additional information about the new Barking Dog Program and a current list of cities where the new procedure is in effect is available on the OCACS website at t+_ +_ncpetinti>_CtIM. #'# # r� U mews: supervisors put teeth in barking dog ordinance - OCRegister.com SuNr4gervp'ut teeth in barking dog ordinance of, new By PEGGY LOWE E Cnanq, un +,d : >eq, 4er SANTA ANA — The Orange County Board of Supervisors approved a plan today that will stiffen fines and add officer visits to the county's barking dog taw. Voting 5 -0, supervisors sided with residents who complained that the current process doesn't work and instead protects dog owners who allow their pets to chronically bark, ruining a neighborhood's peace and quiet. Supervisor Bill Campbell backed off his plan to lessen the fines — which could range from $250 and escalate to $806. Supervisor Lou Correa called the proposal "workable, practical and cost - effective." "Are we here to punish, to fine an individual? I like to think of our role as more accommodating ... to get the neighbors to live peacefully," Correa said. Under the plan, the ordinance will change the offense from a criminal violation to a civil fine. A first offense is $250 and, if the dog owner doesn't comply, can be raised to $403. If the fine is not paid within 15 days, it's doubled. The new proposal also calls for Animal Care Services to send an officer to visit with the dog owner after the first complaint is made. The officer will talk to the owner about how the dog is cared for, offer training, talk about ways to stop the incessant barking, and inform the owner about the complaint process. If after 10 days the barking has not ceased to the satisfaction of the reporting party, a second complaint will be filed with Animal Care Services. Ultimately, the dispute could be resolved at an administrative hearing. Joe Milazzo of Anaheim begged the supervisors to keep the fines expensive, so offending dog owners will pay attention. "Please, please don't water it down," he said. "Please don't worry about the little PrintcrStitial Ads by rormet Dynamics. Page 1 of 2 Dynamics 11 • http: / /www.ocregister.com /ocregister /homepage /abox /article_ 1360764.php 4/9/2008 News: Supervisors put teeth in barking dog ordinance - OCRegister.com Page 2 of 2 >ar. okaNrh c,r[fa" REGISTER mragistermm old lady who can't pay the fine." But Marie Amalung, whose elderly father is involved in a barking dog dispute in Stanton, urged the supervisors to make the new ordinance fair to dog owners, too. Sometimes a nasty neighbor can be ultrasensitive to a small amount of barking and become harassing, she said. "Then the neighbor becomes the nuisance, not the dog," she said. "in reality, it's not a dog issue, its a people issue." The new ordinance, which covers unincorporated parts of the county, won't be operating for at least 120 days, said Jennifer Phillips, director of Animal Care Services, The 19 cities who contract with the county for services may also adopt the plan, if the local city council approves it. Contact the writer: ptowe @ocregister.com or 714- 285 -2862 Advertisement • http : / /www.ocregister.com /ocregis ter /homcpage /ab6x /article_ 1360764.php 4/9/2008 HCA - Animal Care Services - Nuisance Complaint Procedure z .r Page t of 2 County Links MCA Site Contents 1 Search HCA New Barking Dog 0 inance & gram Anticipated to begin the end of June 2007. - " •, o? 'i On November 21, 2006, the ange County Board .- 011, adding Section 59 to Tide f the Cc peMsors ad Ordinance No. 06- Calendar (PDF) The -Barking o Ordinance" defines what is deemed to be a barking d 9 9 Y 9 09: Pet Adoption Los[ &Found "A dog that barks, bays, dies, howls or makes any noise for an extended period of time... Such extended Period of time shall consist incessant Program Services of barking for 30 minutes ar more in any 24 -hour period, or intermittent barking for 60 minutes or more during any 24 -hour period.* General Information It defines who is a responsible person: Barking Dogs F a pet Laws °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 ... Owner of property upon which a barking dog violation occurs." Critter Chronicles, "I' "' It gives OCACS authority to issue citations for violations of the Ordinance: "Any Enforcement Officer has the authority to issue a civil citation to any Responsible Person for a barking dog violation." C.a}tact us by E -Mail And it establishes an administrative hearing process: . no, "The violator and complainant shall be given the opportunity to testify (to a Hearing Officer) and to present evidence relevant to the barking dog citation." ,nap This Ordinance is aimed at significantly improving the effectiveness of OCACS' barking dog program. The program was laded with focus . Animal Control .Services a on expediency, faimess and resolution. When the first barking dog complaint is filed, an Animal Control Officer will make a personal visit with 24/7 ,ii cunt; r Hnur,y the dog owner to offer information about the "Barking Dog Ordinance.' education materials, and training tips and techniques to reduce the barking. H•ar.:- 3'anon, !a;ry From the day of the visit. the dog owner is given 10 days to remedy the barking violation. 09i;;,, ia OP.,., .::. hr,v • ` If after 10 days the barking violation continues, a second complaint may be filed. Upon second complaint, the complainant must sign a statement under the penalty of perjury that the dog barking is violating the County Ordinance. An Animal Control Officer will then visit the dog Animal Care Center owner again to issue a citation for the barking dog violation. Hours )am ! >Pn, rr.,i: v '-' =•;:.t The dog owner may utilize an assigned administrative hearing to dispute the citation. The • complainant must also attend the administrative hearing, orthe citation will be dropped. At the hearing, the Administrative Hearing Officer will attempt to find a resolution and will educate I bo th the dog owner and com P ainam on what is deemed a barking dog nuisance as defined under the Ordinance. :m To find out if the program is in effect in your city, or if you have a question about a barking dog, please call our �par,!tions • 9u",. at 714- 935 -6942. http:// www. ocpetinfo- com/barking_dog_new.htm 4/9/2008 • • 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 • 28 ORDINANCE NO. 06-011 AN ORDINANCE AMENDING AND ADOPTING DESIGNATED SECTIONS OF DIVISION I OF TITLE 4 OF THE CODIFIED ORDINANCES OF THE COUNTY OF ORANGE PERTAINING TO ANIMAL CONTROL, WELFARE AND LICENSE REQUIREMENTS The Board of Supervisors of the County of Orange, California, ordains as follows: SECTION 1: Section 4 -1 -3 of the Codified Ordinances of the County of Orange is hereby amended to read as follows: Sec. 4 -1 -3. Definitions (B). 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. SECTION 2: Subarticle I of Article 2 of Division I of Title 4 of the Codified Ordinances County of Orange is hereby adopted, and shall read as follows: Subarticle 2. Barking Dog Violation and Civil Fine. See. 4-1-59.1. Applicability. (a) Notwithstanding section 4 -1-48 of this Code, this subarticle makes any violation for keeping, maintaining, or permitting a barking dog as defined in section 4 -1 -3 subject to civil fine. (b) This subarticle 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 County's plenary police power. (c) The issuance of a civil citation under this subarticle is solely at the County's discretion and is one option the County has to address barking dog violations. By adopting this subarticle, the County does not intend to limit its discretion to utilize any other remedy, civil or criminal, including those public nuisance remedies set forth in section 4 -1 -48. (d) The purpose of issuing civil citations pursuant to this subarticle 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. SECTION 3: Section 4 -1 -59.2 of the Codified Ordinances of the County of Orange is hereby adopted, and shall read as follows: -I - 3 4 1.1 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 See. 4 -1 -59.2. Definitions. The following definitions apply to the use of these terms for the purposes of this subarticle: (a) Animal Care Services means the department within Orange County Health Care Agency authorized to perform the functions described in sections 4 -1 -1 through 4 -1 -180 of this Division and other ordinance or law that delegates such authority to the Animal Care Services department or its director. (b) County means the County of Orange. (c) Civil citation means a notice issued pursuant to this subarticle that there has been a violation subarticle. (d) Day or days as used in this Article shall mean calendar day or calendar days, respectively, unless otherwise expressly provided. The 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. (e) Director means the Health Care Agency Animal Care Services Director, or his or her designee. (f) Enforcement Officer means any Animal Care Services employee or agent designated in writing by the Director. (g) Hearing Officer means a person appointed by the County Executive Officer or designee to serve as a Hearing Officer for administrative hearings. (h) 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 it 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. (i) 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 subarticle. 0) Owner means any person who possesses, has title to or an interest in, harbors or has control, custody or possession of a dog, and the verb forms of "to own' shall include all those shades of meaning. (k) Responsible Person. A Responsible Person may also be referred to as a "violator" herein. A Responsible Person is any of the following: (l) 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. -2- • • r1 LJ r 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (2) 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 barkir dog. (3) 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. (4) For purposes of this subarticle, "person" includes a natural person or legal entity, and the owners, majority stockholders, corporate officers, trustees, and general partners of a legal entity. (5) For the purposes of this subarticle, there may be more than one Responsible Person for a barking dog violation, and a minor at least 14 years of age may be a Responsible Person subject to the provisions of this subarticle. SECTION 4. Section 4 -1 -59.3 of the Codified Ordinances of the County of Orange is hereby adopted, and shall read as follows: Sec. 4 -1 -59.3. Barking dog citation — general. (a) 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 County 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 subarticle. (b) 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. (c) Each day a barking dog violation exists beyond the initial 10 -day period allowed forcorrection 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. SECTIONS: Section 4 -1 -59.4 of the Codified Ordinances of the County of Orange is hereby adopted, and shall read as follows: Sec. 4 -1 -59.4. Barking dog citation contents. Each barking dog citation shall contain the following information: -3- 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (a) Date on which a complaint or personal inspection established the barking dog violation(s). (b) Name of the Responsible Person for the barking dog violation(s) (if known). (c) Address where the barking dog violation(s) occurred. (d) The Code section(s) violated. (e) Whether the violation(s) were established by inspection or by complainant. ,(1) Amount of the fine for the violation(s) and procedure to pay the fine to avoid a late payment penalty. (g) Designation of prior civil citations issued for the same Code violation(s), if known by the Enforcement Officer. (h) Notification of an assigned administrative hearing date, time and location where the civil fine may he contested. (i) Description of the procedure for requesting a continuance of the assigned administrative hearing. 0) 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. (k) Signature of the Enforcement Officer who issued the barking dog citation and/or civil fine. • (1) Date upon which the barking dog citation and/or civil fine was issued. (m) Proof of service to be completed by the Enforcement Officer indicating whether citation was issued by personal service, by mail, or by posting in a conspicuous place on the property where the barking dog violation occurred. (n) A self - addressed envelope in which the violator can mail the civil fine to the County if the citation is not contested. (o) Any other information deemed necessary by the Enforcement Officer for enforcement or collection purposes. SECTION 6: Section 4 -1 -59.5 of the Codified Ordinances of the County of Orange is hereby idopted, and shall read as follows: iec. 4 -1 -59.5. Service of barking dog citation. A barking dog citation may be served as follows: -4- • • • • iT 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (a) 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 th citation and notice of the Responsible Person's right to an administrative hearing. Signing the citation shall not constitute an admission of guilt. (b) 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. (c) 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. SECTION 7: Section 4 -1 -59.6 of the Codified Ordinances of the County of Orange is hereby adopted, and shall read as follows: Sec. 4 -1 -59.6. Amount of barking dog civil fines. Fines for violating the provisions of this subarticle shall be as follows: Fine for First Barking Dog Violation Citation Issued (Per Citation): $250.00 Fine for Second Barking Dog Citation within Same 12 -Month Period (Per Citation): $275.00 Fine for Third Barking Dog Citation within Same 12 -Month Period (Per Citation): $303.00 Fine for Fourth Barking Dog Citation within Same 12 -Month Period (Per Citation): $333.00 Fine. for Fifth Barking Dog Citation within Same 12 -Month Period (Per Citation): $366.00 Fine for Sixth and Subsequent Barking Dog Citations Issued within Same 12 -Month $403.00 Period: (Per Citation) Any Fine Not Paid within Fifteen (15) Days of.Due Date Shall Be Calculated As Follows: The Amount of the Appropriate Fine Listed Above Added to a Late Penalty in the Same Amount as the Fine Such that the Total Amount Due is Double the Unpaid Fine Amount. SECTION 8: Section 4 -1 -59.7 of the Codified Ordinances of the County of Orange is hereby adopted, and shall read as follows: See. 4 -1 -59.7. Payment of barking dog civil fines. ;a) After receiving a barking dog violation citation, a violator may respond by either of the following nethods: 5- 4 10 12 13 14 15 1,6 17 18 19 20 21 22 23 24 25 26 27 28 (1) 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. (2) 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. (b) 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 subparagraph (a)(1) or (a)(2) above. (c) 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. (d) In the event that a fine imposed under the authority granted by this subarticle remains unpaid for fifteen (15) days after it is due and payable pursuant to subparagraph (a)(1) or (a)(2) above, an amount equal to the fine shall be added as a late penalty and the late penalty and fine shall become due immediately. If Hearing Officer upholds the issuance of 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. SECTION 9: Section 4 -1 -59.8 of the Codified Ordinances of the County of Orange is hereby adopted, and shall read as follows: See. 4 -1 -59.8. Administrative hearing. (a) Any person who receives a barking dog citation may contest it by appearing at the assign administrative hearing date, time and location noted on the barking dog citation. A violator may conic the barking dog citation by denying that a violation occurred, by denying that it was not corrected with the original 10day correction period, if applicable, or by denying that the violator is a Responsib Person for the violation. (b) if the citation fine is not paid prior to the assigned date and time of the administrative hea noted on the barking dog citation, the violator must personally attend the administrative hearing on date, time and place specified. A failure to personally appear at the administrative hearing s constitute an abandonment of any defense the violator may have to the barking dog citation. -6- • • t 2 3 4 5 6 7 • • r 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 10: Section 4 -1 -59.9 of the Codified Ordinances of the County of Orange is hereby adopted, and shall read as follows: See. 4 -1 -59.9. Hearing procedures. a) Hearings shall be conducted by a.Hearing Officer either: (i) on the date, time and place specified in the barking dog citation, or (ii) on the date assigned when a continuance pursuant to section 4- 1- 59.9(f) 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. (b) 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. (c) 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 violator who is a juvenile, under eighteen (18) years of age, must accompany the juvenile to the hearing or the administrative hearing wil 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. (d) 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. (e) Neither the Enforcement Officer nor any other representative of the County 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. (f) The Director may continue a hearing once if request for continuance is made showing good cause by a violator, a complainant, or a representative of the County. 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 one week (7 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 (i) below. (g) The hearing shall be conducted informally and the legal rules of evidence need not be followed. (h) The Hearing Officer does not have the authority to issue.a subpoena or subpoena duces tecum. (i) The failure of the violator to appear at the hearing, unless the hearing was continued per subsection (f) 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 tc the violator and complainant. The failure of the complainant to appear at the hearing, unless the hearing was continued per subsection (f) above, shall constitute an abandonment of the complaint and shall be -7- 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 grounds for a dismissal of the barking dog citation. The complainant's failure to appear shall he noted on the notice of decision completed by the. Hearing Officer and mailed to the violator and complainant. , SECTION 11: Section 4 -1 -59.10 of the Codified Ordinances of the County of Orange is hereby adopted, and shall read as follows: Sec. 4- 1- 59.10. Administrative hearing decision. (a) 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 Officers decision is final. The Hearing Officer has no discretion or authority to reduce the amount of a fine. (b) 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. (c) The Hearing Officers 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. SECTION 12: Section 4-1-59.11 of the Codified Ordinances of the County of Orange is hereby adopted, and shall read as follows: Sec. 4 -1- 59.11. Right to judicial review. (a) 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 afterthe.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 "Clerk of the Board of Supervisors, County of Orange, Robert E. Thomas Hall of Administration Building, 10 Civic Center Plaza, Room 465, Santa Ana, California 92702." The Responsible Person must pay the appropriate Superior Court filing fee when the appeal is filed. (b) 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. SECTION 13: Section 4 -1 -59.12 of the Codified Ordinances of the County of Orange is adopted, and shall read as follows: Sec. 4- 1- 59.12. Collection of unpaid fines. -8- u U 2 3 4 5 6 7 (a) The County at its discretion may pursue any and all legal and equitable remedies for the toll( of unpaid fines and late penalties. Pursuit of one remedy does not preclude the pursuit of any remedies until the total fines and late penalties owed by a violator under this subartiele have collected. (b) Failure to timely remit payment of a citation fine and/or late penalty authorized under section 4 -1 rr 59.7(d) above will result in criminal liability and a wan-ant may be issued for a violator's arrest Nonpayment of such fine and/or late penalty shall be a misdemeanor pursuant to section 1 -1 -34 punishable by a fine of not more than one thousand dollars ($1,000) or by imprisonment in the Count. jail for a period of not more than six (6) months or by both such fine and imprisonment. 8 SECTION 14: This Ordinance shall take effect and be in full force thirty (30) days from and after its passage and, before the expiration of fifteen (15) days after the passage thereof, shall be 9 published once in an adjudicated newspaper in the County of Orange. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 THE FOREGOING was PASSED and ADOPTED by the following vote of the Orange County Board of Supervisors on November 21, 2006, to wit: AYES: Supervisors: THOMAS W. WILSON, LOU CORREA, JIM SILVA, CHRIS NORBY, BILL CAMPBELL NOES: EXCUSED: ABSTAINED: (Signature on file) Darlene J. Bloom, Clerk of the Board of Supervisors County of Orange, California -9- i Agenda Item °Rmy - AGENDA STAFF REPORT !/ o 06 fiCy -7 H'1 II; 19 ASR Control 06- 002021 MEETING DATE y "` 11/14/06 P �t LEGAL ENTITY TAKING "ACIOZV'c'S Board of Supervisors I T, U P "�� iL lU IIL- BOARD OF SUPERVISORS DISTRICT(S): All Districts J h SUBMITTING AGENCY/DEPARTMENT: Health Care Agency (Approved) DEPARTMENT CONTACT PERSON(S): , Jennifer Phillips, 935 -7107 SUBJECT: Animal Care Services Barking Dog Ordinance and Fines CEO CONCUR COUNTY CouNSEL REvrEw Concur Approved Ordinance to Form Budgeted: No Current Year Cost: $120,527 Staffing Impact: No # of Positions; Current Fiscal Year Revenue: $114,601 Funding Source: GF: 5%, Fees: 95% Prior Board Action: N/A RECOMMENDED ACTION(S) 1. Read title of Ordinance. 2. Waive further reading of Ordinance. 3. Consider the matter. C Co� Ir I CLERK OF THE BOARD Discussion Annual Cost: $241,054 Sole Source: No 4. Direct Ordinance to be placed on Agenda of the next regularly scheduled Board meeting for adoption. 5. At the next regularly scheduled Board meeting, consider the matter, and adopt the Ordinance. SUMMARY: The Health Care Agency requests approval of an Ordinance that establishes a new barking dog citation program and a schedule of fines and late penalties to be charged to dog owners who fail to correct violations of the proposed new Ordinance. BACKGROUND INFORMATION: Page 1 u • • • J HCA Animal Care Services Barking Dog Citation Program Proposed Fines, Cost and Revenue Summary 'Fines for second and subsequent offenses are for when they occur within the same 12 -month period. Estimated Fundin from Cities / County Split: $157,240 65% of Total Cost and Estimated. Annual Cost of Program: $241,054 Estimated Revenue from Proposed Fines: $8318 Estimated Revenue from Cities' Share:' Proposed Estimated Revenue from Fines & Cities Combined: $229.21 Full Fines Revenue Estimated Cost (Approx. from Annual Recovery 35% Cost Proposed Type of Citation' Citations Fines Recovery) Fines. First time offense 300 $719 $250 $75,000 2nd time offense 15 $791 $275 $4,125 3rd time offense 10 $870 $303 $3,025 4th time offense 5 $957 $333 $1,664 5th time offense 0 $1,000 $366 $0 6th orsubsequent offense 0 $1,000 $403 $0 Total Offenses 330 $83,814 'Fines for second and subsequent offenses are for when they occur within the same 12 -month period. Estimated Fundin from Cities / County Split: $157,240 65% of Total Cost and Estimated. Annual Cost of Program: $241,054 Estimated Revenue from Proposed Fines: $8318 Estimated Revenue from Cities' Share:' $145,3 Estimated Revenue from Fines & Cities Combined: $229.21 Estimated Funding from NCC Share: $11,852 Total Estimated Funding from All Sources: $241,054 "Cities' share is approx. 92.5% of the $157,240, which represents the total cost not offset by fines, based on an analysis of 4 years of ACS Program actual costs. ASR Attach - Barking Dog Fines.As ASR Attach 1116/2006 @yahoo.com rf �� Page 2 of 4 i'Z'� -rte YI E. vii>(Zy and credit liquidity issues have impacted the broader economy. the :r,.. Countv's Investment Pool overall continues to hold high quality • securities which are well diversified. Click here to view the presentation to the Board. OLR STAT F... Dislocated Worker Additional Assistance Grant - The Board klau Peneruto approved the acceptance of a state grant in the amount of $1,000,000 .2 ( hief of sial./I for the Dislocated Worker Additional Assistance grant program. This be 'I oson and Norih Tustin program will allow for training and employment services to delivered to workers affected by layoffs and closures in the Orange is hristine C -: mpren County sub -prime mortgage and financial industries. This state Y+ir /r,1Sr4/ allocation was one of the largest awards in the state. To view staff �} In ine report. click here. I ouis t3ronsteln Barking Dog Ordinance— In November 3006, the Board approved a p „j;r,t. q:h isur new barking dog Ordinance that established a barking dog citation (D ()r,ngc. ( )range perk program and schedule of fines for violations of the ordinance. The : Acres, Villa Park program was launched in June 2007. As adopted. the ordinance only areas Since the inception ` applied to the unincorporated of the county. Mictract Johnson of the program, l5 contract cities have adoutedthe ordinance. At my the 1 Pr, /trr:Jdriaw. request, Jennifer Phil] i s Director, Animal Care Services, provided ABrea. Yorha Linda. Board wit t an up ate on the program. To view the presentation, click Anaheim Ilills here. f� i .Anna Peters OCTA UPDATE Denver Trip— Last week, City of Anaheim Mayor Curt Pringle, City of Orange Mayor Carolyn Cavecche and 1 traveled to Denver with f Siheracto. Santiago, Denver OCTA and Anaheim staffto learn how the Denver Regional Transit . Vlodic.ik t I'rabuto ..... District (RTD) is developing the Denver Union Station. We met with Cam,ons representatives of RTD, the City of Denver, and the design consultant,• i Renec Chioailla Parsons Brinkerhoff. We were told how they went about selecting a L FOJJice 1d;:,ruter••7i'«�•;<,rn -::• private development team to partner with them on this $2 billion public /private project. We also walked through and around the historic f Rer,x t<n °, Denver. Union Station and the surrounding development site. For pictures, please click here. For more information about Denver. Union IIt mr Ktdliris Station, please click here. her., Second Quarter Budget Report - The OCTA Board of Directors Click Lo ubsr.r;lu,. received the Second Quarter Budget Status Report at Monday's ' lick ' ”` t`t `" t`t'I "" "" meeting. Total revenues are slightly above budgeted levels, however OCTA experienced lower than expected sales tax revenues of $193.7 fare box million (6.8% below budget) and lower than expected C revenues of 524.1 million (11.3% below budget). While OCTA has addressed these shortfalls in the current fiscal year by reducing expenses, these lower levels of sales tax and fare box revenues are ected to continue over the next several years. This raises issues for pro next budget. and whether or not OCTA wil I need to reduce its " year's bus service in order to meet the 20% rare box recovery level dictated by the state. I have asked staff to carefully monitor the situation and report to the Finance and Administration Committee on a regular basis. HOV Lane Update - At OC TA's Board meeting. it was announced j that Caltrans Director Will Kempton sent a memo to each Caltrans District Director expressing his support of OCTA's proposed I40V lane changes and directing Caltrans to change its HOV lane policy manual to retlect a uniform approach in allowing regional .j modifications to traditional HOV lane operations. Directors Kempton's support of my proposed HOV lane changes will greatly help OCTA move forward with implementing continuous ingress'egress HOV Jai � throughout the county. To view a copy of the memo sent by Director - - °.- :0tn/ym /ShowLetter ?Msg1d =6376 5638580 1191 1517 10293_0_8... 3/31/2008 G:j � ® _� �.. T. ,�`i � � v r« � � ' �r ��{ �P: ! 5.k { � i. M �t i € ��� 4r, �q +� _� �F a � t i; L`C`:� a+;.. t `.� d � 5.. . G:j � 9 11 Barking Dog Program Focus on expediency, fairness, and hrft rre Services has act ive role cbrl 30 rril-nut.6s� 60 minutes of hibiro NOT — if a person is teased or provoked ov Brings Parties together to 0 Health Ca =re Ag6ncy 0 0 0 • Barking Dog Program First Complaint Animal Control Officer visits dog owner and offers assistance to resolve barking Second Complaint — 10 days n Complainant signs Affidavit Officer issues citation j� �� Administrative Hearing — within 14 days Neutral 3rd party appointed by CEO Both parties must attend Serves as mediation Goal is to resolve the problem Health Care Agency kd 0 Barking Dog Program Adopted by Board of Supervisors in 20 !vefte ,r 6 Minty adopted ordinance C) �=° -h C are Agency Healt j J4 Minty adopted ordinance C) �=° -h C are Agency Healt 0 0 • Barking Dog Program a Overview of First Six Months 536 complaints filed a 57 citations issued * 22 citations upheld * 18 citations d:isrnisse,d * 17 dog owners found F Health Care Agency A � r� a Y '•, a Ss s.... `-`.r as'v �9ap5 B � � ix- :: }�t C�i(� ` _.. =t J �PJ`g �, � �� ��' .� � , i Newport Beach Corona Del Mar Real Estate Califomia Real Estate For Sale Page I of 2 • • • Personal involvement, depth of knowledge and experience will distinguish my service. ReSuth; I - 9 are displayed below. Click the, pkWre or address to view detailed information. Wilily Search I Saw-Thm.,Search 20282 RIVERSIDE.DRIVE,. SANTA ANA HEIGHTS, CA 92707 SAVE (ZX/)CP $1,950,000 3 Bedrooms Photo Tow V t I Full I I Partial Bathrooms 1.655 Est Sq. Ft. Us" 9 117 001687 Ml i RIVERSIDE DRIVE, SANTA ANA HEIGHTS, CA 92707 AVE $1,626,660 - $1,773,000 3 = Virtual Tour M Full I I Partial Sathirocirris Photo Tour Liiitrilla U) 1 905 976 ESL $q. FL F 1905 20322 NORTH KLINE DRIVE, SANTA ANA HEIGHTS, CA 92707 SAVE $1.500,000 3 Bedrooms Photo Tour I Bathrooms - 1.606 1.606 Est Sq. Ft. Llafto Al 5508795 1532 ORCHARD, SANTA ANA HEIGHTS, CA 92707 nowmailus 1661 INDUS STREET. SANTA ANA HEIGHTS, CA 92707 $1.190.000 4 Bedrooms Photo Tour 3 Bathrooms 3.400 Est. Sq: Ft. 20462 SANTA ANA AVENUE, SANTA ANA HEIGHTS, CA 92707 ape* -jab.&6— 5639.000 3 Bedrooms Pholo Tour 2 Bathrooms 808 Eat. Sq. Ft. 1541 OR'4ARO DRIVE, SANTA ANA HEIGHTS, CA 92707 $842,1100 3 Bedroom Photo Tour 2 Bathroorra; 1J54 Est. Sq. FL 1511 AUGUST'ANE. SANTA ANA HEIGHTS, CA 9270T $4",000 2 Bedroorns Virtual Tour 2 Bathrooms Photo Tour 1.182 Est. Sq. Ft. 20462 SANTA ANA;: �r--Ni--r. rA 'w -A 4 "",' 5; ; 4 " SAVE Listing 05500034 SAVE U94V 9 UTM362 SAVE usting 0 U7000125 hup://buyerassistance.idxre.com/idx/listings.cfin?cid=2443&pc=RES&sr--1 &gsr-- I &sb=pd&st... 10/5/2007 Fage 4 E 20282 Riverside Dr' `�1 Geaeral.propeay InforumflOn: HonnePnSes ID#: CH9 -002 Style: Other 3 Baths: 1.5 Approx SgFt= 1655 Acreage: 0.19 Lot. Size: 8105 Lot Description: unincorPormed Stories: one level Air Conditioning: central Fireplace(s): Roof compositiodshingle pool: no pool Garage spaces: driveway a detached 00- 8�8 View: n AgentName: coleen bromm - f- /yl3 Room (15x22) & Office. Great Location Curnnre : iii a3 BedI.SBa +Large Family property Zoned RESIDENTIAL KEW4EL... Currently Freeways. bordering Newport Beach, Costa Mesa, the Airport Disclaims: Updated Feb 27 2006 1 00anteed. Information deemed reliable but not gu 4/8f, COUNTY SECURED (2003- 2004ROLL) ;L N0:43924140 TRA:55067 PROPERTY TYPE:2 BK_PG:43924 WNER /MAILING ADDRESS ER:SANTA ANA HEIGHTS HOUSING PARTNERS VNG:PT ADI7RESS:SUITE 400 18201 VON KARMAN AVE CITY ST:IRVINE CA ZIP+4:92715 ZIP +4: 'STS ADDRESS /DESCRIPTION /ACRES RE: 1621 MESA DR CI Y:SA SANTA ANA )) ASSESS VA? EXEMPT NS- -CODES DATES -OTHER ID: 20 A 4244777 EXE1:5 BASE L:1999 NO LVAL: ?R: 2150052 EXE AMT2: BASE I:1999 PP: DFLT DT: ER: 3S: 4244777 ET: SALE HISTORY NUM :R98241679 ADDITIONAL INFORMATION RES: GAL:P BK 300 PG 26 PAR 1 i / I • 0 • 29 -OCT -2003 13:34:19 ____ _ ______ ____________ ________° #1 +---------------- --- - - - - -- + * *• COMPLETE REPORT * * ** ---- - - - - - -- I (PARCEL NUMBER : 439 CITY CODE : SA CENSUS TRACT ILUC R ISITUS ADDRESS 20281 RIVERSIDE D SANTA ANA CA CARRIER ROUTE : 19 +-------- ----- --- - -- -- --------------------------- OWNER INFORMATION * * PROPERTY [OWNER 1ST COU — �oU N -ry T # UNITS : 001 I 2ND: SQ. FT. : 1180 ADDRESS: 20281 RIVERSIDE DR LOT SIZE: 000008105 I SANTA ANA CA 92707 IPRIVACY NO RESTRICTIONS LOT : 3 [OWNER CODE: BLOCK : 00000 1FULL /PART : TRACT : 02581 IPHONE : 000 -0000 ROAN TYPE (LOAN 1 00 ILOAN 2 00 I (DOCUMENT 000041259 -3 (TRANS DATE: 05/16/2002 += -- ------------- -- - - -- * FINANCIAL INFORMATION * ---------- - - - - -+ I 0631011 1 • I I 1 INFORMATION * I BEDS 3 I BATHS 1.501 ROOMS 6 I YR BUILT: 19551 STORIES 0 1 AIR POOL I PARK I --------- - - - - -+ TRANS VALUE 00 1 LAND: 16228 TAX 582 i IMPR: 18506 TAX STATUS 0 I YR SOLD ST 0000 I SALES STATUS I LENDER I ---------------------------- ------ ------= ---- ----- - -- - -+ TAX INFORMATION IS PROVIDED BY DATAQUICK FROM ORANGE COUNTY TAX ASSESSOR'S PUBLIC RECORDS. THE TAX DATA IS PROVIDED AS A SERVICE WITHOUT GUARANTEE OF ACCURACY. OCAR DOES NOT AUDIT OR EDIT THE DATA PROVIDED BY DATAQUICK. THE DATAQUICK TAX INFORMATION IS DEEMED RELIABLE BUT NOT GUARANTEED. r � J • • ricititous isusmess Name Kesults Clelllllllvo eewrdel • County of Oran1 Page I of I SEARCH CATEGORY: By BUSINESS NAME CRITERIA: Like BZY FEET Business Number of Registration File Expiratio Last or First Document Pub Name Businesse Number Date Date Company Name Type Registered Name ZY FEET L 1 0056016434 2/07/2005 02/07/2010 EESEMANN ALLISON FBN S ZY FEET L I 20056016434 2/07/2005 2/07/2010 EESEMANN RIC FBN S Page 1 of 1 # of Records: 2 DISCLAIMER. The Clerk- Recorder's Office makes no warranty or guarantee concerning the accuracy or reliability of the content at this site or at other sites to which we fink. Assessing acwracy or reliability of Rte information is the responsibility of the user. The Clerk - Recorder's Office shall rrot be liable for errors contained herein or for any damages in connection with Rte use of the information oontwned herein. THIS INFORMATION IS FOR REFERENCE ONLY. • ILA FBN Forms / ICI Abandonment Forms / IN Withdrawal Forms ! 4.1 erk- Recorder Home Page / Welcome / Orange County Home Page / FBN Filing Instructions http : / /cr.ocgov.com/fbn/Results.asp 7/11/2007 /� ?,�- r • 3 -OCT -2003 12:14:55 =-- ----------------------- -- - - - --- #1 ---------- - - - - -- - - - - - -- +- - - - --- - --------- - - - - -- * * ** COMPLETE REPORT * * ** --------------------- - - - - -+ I I IPARCEL NUMBER : 43924131 CITY CODE : SA CENSUS TRACT: 0631011 I ILUC : R I ADDRESS 20321 RIVERSIDE DR SANTA ANA CA 1 •1SITUS I CARRIER ROUTE : 19 I +------------------------------------------------------- I * OWNER INFORMATION * * PROPERTY INFORMATION * ] (OWNER 1ST: RUIZ ANTHONY R & VICKI G # UNITS : 001 BEDS 3 1 1 2ND: SQ. FT. : 1371 BATHS 1.501 1 ADDRESS: 20321 RIVERSIDE DR LOT SIZE: 000012960 ROOMS 6 1 1 SANTA ANA CA 92707 YR BUILT: 19551 IPRIVACY NO RESTRICTIONS LOT 7 STORIES 0 1 IOWNER CODE: BLOCK AIR [FULL /PART F TRACT 02581 POOL IPHONE 000 -0000 ARK I I * FINANCIAL INFORMATION ILOAN TYPE TRANS VALUE 260000 ILOAN 1 195000 LAND: 83221 TAX 2492 1 ]LOAN 2 00 IMPR: 139772 TAX STATUS 0 ] 1 YR SOLD ST 0000 1 IDOCUMENT 000066838 -4 SALES STATUS i (TRANS DATE: 12/29/1997 LENDER :' GREAT WESTERN BK I +----------------------------------------------------------- ---------- ---- - - - - -+ TAX INFORMATION IS PROVIDED BY DATAQUICK FROM ORANGE COUNTY TAX ASSESSOR'S PUBLIC RECORDS. THE .TAX DATA IS PROVIDED AS A SERVICE WITHOUT GUARANTEE OF ACCURACY. OCAR DOES NOT AUDIT OR EDIT THE DATA PROVIDED BY DATAQUICK. THE DATAQUICK TAX INFORMATION IS DEEMED RELIABLE BUT NOT GUARANTEED. • /� ?,�- r • 11 ORANGE COUNTY SECURED (2003- 2004ROLL) WEBSTER S. GUILLORY, ASSESSOR lI PJCEL NO:43924131 TRA:55067 PROPERTY TYPE :l BK_PG:43924 OWNER /MAILING ADDRESS OWNER:RUIZ, ANTHONY R RUIZ, VICKI G VESTING:JT ADDRESS:20321 CITY ST:SANTA (NUM) ZIP +4:92707 ALPHA ZIP +4:56400 RIVERSIDE DR ANA CA SITUS ADDRESS /DESCRIPTION /ACRES STREET:20321 RIVERSIDE DR CITY:SA SANTA ANA ASSESSED VAI --- EXEMPTIONS CODES DATES -OTHER LAND: 86585 EXE AMT1: 7000 EXE1:7 BASE L:1987 NO LVAL: .IMPR: 145416 EXE AMT2: BASE I:1987 PP: OTHER: GROSS: 232001 NET: 225001 DFLT DT: SALE HISTORY REC NUM:R99827793 ADDITIONAL INFORMATION ACRES: LEGAL:N TR 2581 LOT 7 r-, Welcome to BzyFeet Kennels, Inc. Page I of I home - aIabout -a I reserve -4-1 services Dog Size Description Daily Fee Special Little Guys 0 -29 lbs. $24.00 2 for $22.00 Medium 30 -59 lbs. $26.00 2 for $24.00 Large 60 -89 lbs. $28.00 2 for $26.00 X -Large 90 + lbs. $30.00 2 for $28.00 Daycare Space Available $15.00 Half Day $20.00 Full Day Shampoo Blow Dry $20.00 Regular Bathing Brush Out $25.00 Premium Ears Cleaned Nails Clipped DAYCARE SPACE AVAILABLE Baths available in conjunction with boarding or independently by appointment. Premium Bathing Includes: . Hypo Allergenic Shampoo, Moisturizing, Flea & Tick, Ultra Clean Whitening, Cream Rinse and Conditioner. - Newl Hair Cutting Services Please contact the office for scheduling and availability. http:// www.bzyfeetkerinels.com/fees.htm • ("4n12008 Welcome to BzyFeet Kennels, Inc. • 0 0 MOFWIMM PF -in We offer the following services: Page I of I ( home -;N1 about :, I reserve -• E :• I services ..::. I contact J h . Boarding services and day care Basic grooming (shampoo, ice' • Easy listening music ed 24 hours a day f 1 OPEN 7 DAYS A WEEK CLOSED Thanksgiving Day '-'Christmas Day New Years Day • Exercise and Socialization 3 to 4 times a day • lams Lamb, Rice and Canned Beef, Fresh Biscuits (Served here or you may bring your own food) • Indoodoutdoor rune are heated. and Air Conditioned. • Local Veterinarian Available only minutes from kennel • Kennel Tours Available Daily - — r94,e 's- 134 2Ks http:// www. bzyfeetkennels.com/services.htm 4/7/2008 Ficititous Business Name Results CTw o* County of Oran Page 1 of 1 SEARCH CATEGORY: By BUSINESS NAME CRITERIA: Like CELESTIAL KENNELS Business Number ofi egistratio File Expiratio Last or First ; ocumen Pub Name Businesse Number Date Date Company Name Type Regisitered Name ELNESfIS 1 0056025291 /15/2005 /15/2010 AMOREA RACE FBN S Page 1 of 9 # of Records: 1 DISCLAIMER: The Clerk - Recorder's Office makes no warranty or guarantee conceming the accurn y or reliability of the content at this. site or at eitcer sites to which we fink Assessing accuracy or reliability of the information is the responsibility of the user. The Cferk- Recorder's Office shat net pe,liahte for arras contalned.herein or for any damages in connection with the use of the information contained herein. THIS INFORMATION IS FOR REFERENCE ONLY. Forms FBN Abandonment Forms - I ICI Withdrawal Forms._. I • k- Recorder Home Page / Welcome I O @ @nn a County Home Pane I _FBN Filing. Instructions • http : / /cr.ocgov.com/fbn/Results.asp 7/18/2007 ORANGE COUNTY SECURED (2003- 2004ROLL) WEBSTER J. GUILLORY, ASSESSOR &CEL NO:43925105 TRA:55067 PROPERTY TYPE:1 BK_PG:43925 OWNER /MAILING ADDRESS MF OWNER:LAMOREAUX, GRACE VESTING:NO ADDRESS:20302 RIVERSIDE DR CITY ST:SANTA ANA CA (NUM) ZIP +4:92707 ALPHA ZIP +4:56400 SITUS ADDRESS /DESCRIPTION /ACRES STREET:20302 RIVERSIDE DR CITY:SA SANTA ANA ASSESSED VAL EXEMPTIONS CODES DATES -OTHER LAND: 16886 EXE AMT1: 7000 EXE1:7 BASE L:1978 NO LVAL: IMPR: 50656 EXE AMT2: BASE I:1978 PP: DFLT DT: OTHER: . GROSS: 67542 NET: 60542 SALE HISTORY REC NUM:R84000119016 ADDITIONAL INFORMATION ACRES: LEGAL:N TR 2581 LOT 12 r� LJ 2oo7-o8 Secured Assessment Roll WF.BSTMJ.GUH.L.ORY, ORANGR� UNI'YASSESSW Full Parcel Report: Page I. of 1 As of January Ist.2ow Parcel No: 439 - 241 -30 Tax Rate Area: 55 -067 Property Type: 5 GLE FAMILY RESIDE Owner / Malling Address . Owner: MARQUART, BRIDGET TR Address: 20331 RIVERSIDE DR City, State: SANTA ANA,CA iii Zip: 92707 -5640 r Descrp' Lion Assessed: Val ue Exemptions Dates; a Land: 44,696 Exe Type: NONE Land BaseYear: 1978 Improvement: 82,858 Improvement Base Year 1978 Personal Property: other. 0 D Tax Lien Status: Gross: 127,55 4 • Less :.Exemption. 0 Net: 127,554 ! Sale History. Reference Number: R01627181 Additional' Informations Legal Description: N TR 2581 LOT 8 • ORANGE COUNTY SECURED (2003- 2004ROLL) WEBSTER J. GUILLORY, ASSESSOR j PARCEL NO:43924130 TRA:55067 PROPERTY TYPE:1 BK_PG:43924 WNER /MAILING ADDRESS OWNER:MARQUART, BRIDGET TR VESTING:TR ADDRESS:20331 RIVERSIDE DR CITY ST:SANTA ANA CA (NUM) ZIP +4:92707 ALPHA ZIP +4:56400 SITUS ADDRESS /DESCRIPTION /ACRES STREET:20331 RIVERSIDE DR CITY:SA SANTA ANA ASSESSED VAL - EXEMPTIONS CODES DATES THER LAND: 41345 EXE AMT1: SASE L:1978 NO LVAL: IMPR: 50164 EXE AMT2: BASE I:1978 PP: DFLT DT: OTHER: GROSS: 91509 NET: 91509 SALE HISTORY REC NUM:R01627181 ADDITIONAL INFORMATION ACRES: LEGAL:N TR 2581 LOT 8 r 7 • • 13 -OCT -2003 2:16:59 =__ _______________________________ #1 + - -- ------------- -- - - -- * * ** COMPLETE REPORT * * ** --------------------- - --- -+ IPARCEL NUMBER 43924130 I CITY CODE : SA CENSUS TRACT: 0631011 I ILUC R I • ISITUS 20 IVERSIDE DR SANTA ANA CA I I CARRI'1 ROU 19 I J }ER T -+ ���� I WNER INFORMAx N 'C O�j� �e PROPERTY INFORMATION I IOWNER EIGHTS HSNG -/ # UNITS 001 BEDS 3 l SQ. FT. 973 BATHS 1.501 I ADDR 1 RIVERSIDE DR 0 LOT SIZE: 000012535 ROOMS 6 1 OAAHEGH ANA CA 92707 YR BUILT: 19551 (PRIVACESTRICTIONS LOT 8 STORIES 0 1 IOWNER BLOCK AIR IFULL /P TRACT 02581 POOL IPHONE -9799 PARK I �•' +--- -- -- - - --- ------------------------- --------- ------ -- ---- ---- --- - -+ I * FINANCIAL INFORMATION * I (LOAN TYPE TRANS VALUE 107500 I [LOAN 1 00 LAND: 39739 TAX 1193 I ILOAN 2 00 IMPR: 48217 TAX STATUS : 0 I I YR SOLD ST : 0000 I IDOCUMENT 012549022 -2 SALES STATUS : I ITRANS DATE: 01/31/1978 LENDER I +------------------------------------------------ ---------------- --------- - - - - -+ TAX INFORMATION IS PROVIDED BY DATAQUICK FROM ORANGE COUNTY TAX ASSESSOR'S PUBLIC RECORDS. THE TAX DATA IS PROVIDED AS A SERVICE WITHOUT GUARANTEE OF ACCURACY. OCAR DOES NOT AUDIT OR EDIT THE DATA PROVIDED BY DATAQUICK. THE DATAQUICK TAX INFORMATION IS DEEMED RELIABLE BUT NOT GUARANTEED. • r • PetAdmin: Reviews retail facilities . Nr Elgin, Moray Scotland Coast Canine Country Club California, USA Page 3 of 3 So Petadmin not only offers the Kennel /Cattery owner direct benefits, but additionally improves the percept customers have of the business. Bridget Marquart, owner of Coast Canine Country Club 1 sampled 10 Kennel programs first and then I found PetAdmin. It was so far superior to the others, and I Just to have It. The.wpport is outstanding. My Kennel is in Southern California and PetAdmin is in England so thei later than me but all 1 had to do was email a question and the very next morning 1 had-the answer. Woodhouse Technology even called me long distance to help me with a question. I love the program and so does my staff. It is worth every penny. Woodhouse Technology Ltd, Woodhouse, Woodhouse Lane, Little Waltham, Chelmsford, Essex. CM3 3PW. UK. Tel -44 (0)1245-362211 Wehsite and hosting by Woodhouse Technology i I / Lamm.,.r _- - - - - -- 7 y y 31 0�'�4 Sy `30 http://72.14.253.104 /search ?q= cache:w4DiMvMFILgJ :www.petadmin.com /pa_reviews. tm+c... 7 1/2007 Coast Canine Country Club, Newport Beach, CA 92660 Page 1 of 2 This is G o o g I e's cache of http: / /yellowpages.tumto23.mm /Coast+ Canine+ Country+ Club.262131.106760125.home.htm) as retrieved on Jun 1, 2007 22:15:43 GMT. G o o g 1 e's cache is the snapshot that we took of the page as we crawled the web. The page may have changed since that time. Click here for the current page without highlighting. This cached page may reference Images which are rte longer available. Click here for the cached text only. To link to or bookmark this page, use the following url: ecre://..:.. v�sle. c�,..: cnr9- ucne:ae.clpYSa..a:r.l3o.w,e.. c.:ocoES.rw /cour5:ac.el..t 2.—.0 rY @aClft. 262131.101160125. hw.. hbaac0.3 c. c.Nn.. r —u Y. cl.h.hlvn.ct� lnk.cd-2r.0 Lw These tool News Natl x l News weather Sports Entertainment health Video rs0 k is lleldlb Dfliaa2ed Nlth tllG DY(IIWS e/ n16 pape lry (C500rI5/blG / r as [ontMt. have been highlighted: ceast eanim country dub Coast Canine Country Club, Newport Beach, CA 92660 Bakersfield, CA Yellow Pages Popular searches I nearby places FIND: F-- NEAR: mkersaem,Ca emcr nxme er type of mrsnrev =noel ray A n.to, o. UP Mo;Htgm p -cb.rtm Stool WO rrwlar Yams Childs In Cap", lfitl"e arm Amala °fast. waw.meatemneaUemr.K Irresistible Headlines Politic Vm.ioug„ P({grM Drop k sorattlt IL shoos it Tbs Case G'zOrM mn take K. Buy n wl - Edlratbn . 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Nearby Businesses TuroT923 Cefl Phone Nearby Hotels PAI2rc Nearby Restaurants _E -Mail Alerts premium weather ' Get RSS Approximate location _ target Map and Caving DneRiunfi • http://72.14.253.104 /search ?q= cache:BPAtlpgZ4vwJ: yellowpages .tufnto23.com /Coast%2BCan... 7/11/2007 Ficititous Business Name Results vM9* Clerk- Recorder County of Orenl Page 1 of 1 SEARCH CATEGORY: By BUSINESS NAME CRITERIA: Like DOG PARK INN Business Number of egistratio File Expiration Last or First Documeni Pub Name Businesses Number Date Date Company Name Type Registered Name G ARK 1 20036949893 6/30/2003 06/30/2008 CONNER MERLAINA FBN YES hNN, THE Page 1 of 1 # of Records: 1 DISCLAIMER: The Clerk - Recorder's Office makes no warranty or guarantee concerning the.accuracy or reliability, of the content at this site or at other sites to which we link. Assessing acaracy or reliability of the information is gre resparrsilxltty of the user. The Clerk - Recorders Office shell Trot be flable for errors contained herein or for any damages in connection with the use of the information contained herein. THIS INFORMATION IS FOR REFERENCE ONLY. FBN_ Forms 6F� 4bandonment_Forrns.._ / Ill Withdrawal. Forms.__ / / Welpome . / Orange County Home Rage / r� U http : / /cr.ocgov.com/fbn/Results.asp 7/18/2007 ig boarding facility with cage free dog daycare. Santa Ana, CA Page 1 of 2 Call Us in Santa Ana Heights, California, at (866).591 The Dog Park inn. Your Source for Cage Free Dog Day Care & Dog Boarding The Dog Park Inn is a cage free day care and overnight boarding facility with personalized care. Dogs sleeping over stay in our Rover Room, a very comfortable living . area with comfy sofas and dog beds and a human sleeping buddy for the dogs sense of security. During the day all dogs (boarders & day care) have Indoor /outdoor access and are seperated into playgroups that are determined by size, age, and play style. This Is the perfect solution for. dog lovers that do not want their family members in a dog run /cage during their vacation or a busy work day. Let us help you enjoy your vacation or make your work day more productive by giving you sense of security. knowing where and how your dog Is spending theirdays and nights. We believe socialization is. very Important for your dogs, as by nature dogs are pack animals, so contact uj today to set up a free consultation. Receive top - quality pet care services when you contact The Dog Park Inn http: / /www.diedogparkinn.com/I 649857.htm1 7/17/2007 Pricing -- All Pricing Is pgr Do ?Full Day of Day Care $30 Half Day of Day Care $25 • 10 Daycare days E,.; • 20 Daycare days $260.00 $460.00 Doggy Sleep Overs (Day Care Included) Over Night Stay - $45.00 More Than 10 Nights $40.00 More Than 20 Nights $35.00 • Multiple Dog Discounts • Day Care - Full Day • Day Care - Half Day o o Overnight Boarding $25.00 $23.00 - $40.00 Pick up and delivery avail (Newport, Irvine, C.D.M, Costa Mesa,Tustin) $8.00 each Current Vaccinations Necessary . RabdeS .Canine booster (DA2PP) • Bordetell i (Every 6 Months) Receive top - quality pet care services when you contact The Dog Park Inn http: / /www.diedogparkinn.com/I 649857.htm1 7/17/2007 . ,.....w.0 a..w....,00 DIWOG AOSLLttS 4 Page 1 of 1 SEARCH CATEGORY: By FIRST NAME - LAST NAME CRITERIA: Like GARY ANDERSON First Last or Number of Business Number of Registration File Expiratic, ocument Pub Name Company Owners Businesses Number Date Date Type Name Regster Registered ARY ANDERSON 1 OUR PAWS 1 0066085495 /11/2006 /11/2011 FBN NO ARY ANDERSON 1 DO S 1 19986746052 1/20/1998 1/20/2003 FBN NO Y ARY NDERSON 2 1CONSTRUCTION 1 006609276911/14 /2006 11/14/2011 FBN YES OMPANY ARY ANDERSON 2 PTUNE ONSTRUCTIO 1 0066092769 11/14/200611/14 /2011 FBN S OMPANY ARY ANDERSON 1 RSOYN 1 20036932893 2/10/2003 2/10/2008 FBN NO S ARKING ARY ANDERSON 3 WORK 1 20036934310 221/2003 2/21/2008 FBN YES OLUTIONS ARKING ARY ANDERSON 3 TWORK 1 20036934310 1/2003 2/2112008 FBN YES OLUTIONS ARKING ARY ANDERSON 3 TWORK 1 20036934310 2/21 /2003 2/21/2008 FBN YES OLUTIONS ARY rNDERSON I I OURPAWS 1 20016877937 9/21/2001 9/21/2006 1 FBN IYES • Page 1 of 1 # of Records: 9 DISCLAIMER: The ClenkRetorder•s Otrics makes no warranty or guarantee mncemIng the accuracy a reliability of the content at this site of at Wier 3465 to Much we look. Assessing accuracy or reliability atla information is the responalaiHry, Of the use. The Ckak- RecoraNa Office shall net be liable fa ewers contained herein or for any damages A connection with the use of the Information contained horse. THIS INFORMATION IS FOR REFERENCE ONLY. IL"J FBN Forms I in Abandonment Forms 1 M Withdrawal Forms. I A I Welcome I Orange Goun..ty Home Page I FBN Filing Instructions http : / /cr.ocgov.comlfbn/Results.asp 7/18/2007 ORANGE COUNTY SECURED (2003- 2004ROLL) WEBSTER J. GUILLORY, ASSESSOR PARCEL NO:43924134 TRA:55067 PROPERTY TYPE:1 BK_PG:43924 WNER /MAILING ADDRESS OWNER:ANDERSON, GARY VESTING:SM ADDRESS:20291 RIVERSIDE DR CITY ST:SANTA ANA CA (NUM) ZIP +4:92707 ALPHA ZIP +4:56399 SITUS ADDRESS /DESCRIPTION /ACRES STREET:20291 RIVERSIDE DR CITY:SA SANTA ANA ASSESSED VAL- EXEMPTIONS CODES DATES --- OTHER LARD: 309852 EXE AMT1: BASE L:2002 NO LVAL: IMPR: 62448 EXE AMT2: BASE I:2002 PP: DFLT DT: OTHER: GROSS: 372300 NET: 372300 —SALE HISTORY REC NUM:R01523844 ADDITIONAL INFORMATION ACRES: LEGALcN TR 2581 LOT 4 0 ORANGE COUNTY SECURED (2003- 2004ROLL) WEBSTER J. GUILLORY, ASSESSOR �'I U�CEL NO:43925107 TRA:55067 PROPERTY TYPE:1 BK_PG:43925 OWNER /MAILING ADDRESS OWNER:GREENBERG, HAROLD L GREENBERG, JOANN VESTING:JT ADDRESS:20282 RIVERSIDE DR CITY ST:SANTA ANA CA (NUM) ZIP +4:92707 ALPHA ZIP +4:56744 SITUS ADDRESS /DESCRIPTION /ACRES STREET:20282 RIVERSIDE DR CITY:SA SANTA ANA ASSESSED VA? EXEMPTIONS CODES DATES OTHER LAND: 37786 EXE AMT1: 7000 EXE1:7 BASE L:1984 NO LVAL: IMPR: 59552 EXE AMT2: BASE I:1984 PP: DFLT DT: OTHER: GROSS: 97338 NET: 90338 SALE HISTORY - REC NUM:R02407499 ADDITIONAL INFORMATION ACRES: LEGAL:N TR 2581 LOT 14 3--OCT -2003 12:15:52 =__ ______�_______ #1 ------------------- - - - --- * * ** COMPLETE REPORT * * ** I (PARCEL NUMBER 43925102 CITY CODE SA CENSUS TRACT: 0631011 ILUC R I• ISITUS ADDRESS 20332 RIVERSIDE DR SANTA ANA HEIGHTS CA I 1 CARRIER ROUTE 19 +---------------- - - - - -- I OWNER INFORMATION PROPERTY INFORMATION I (OWNER 1ST: MAURER LONNIE L # UNITS 001 BEDS 3 I 2ND: SQ. FT, : 1321 BATHS 1.501 ADDRESS: 20332 RIVERSIDE DR LOT SIZE: 000012960 ROOMS 6 1 I SANTA ANA HEIGHTS CA 92707 1 YR BUILT: 19551 (PRIVACY NO RESTRICTIONS LOT 9 STORIES 0.1 (OWNER CODE: 1FULL /PART : F BLOCK AIR I TRACT 02581 POOL I (PHONE 000 -0000 PARK I --------- ---- - - - - -- - - - -- ------------------ I * FINANCIAL INFORMATION ILOAN TYPE TRANS VALUE 430000 ILOAN 1 430000 LAND: 226667 TAX 2840 I )LOAN 2 00 IMPR: 48848 TAX STATUS 0 YR SOLD ST 0000 I (DOCUMENT : 000004954 -2 SALES STATUS I +TRANS -DATE: 01/29/1998 LENDER SELLER I --------------- - -- - - -- TAX INFORMATION IS PROVIDED BY DATAQUICK FROM ORANGE COUNTY TAX ASSESSOR'S -+ PUBLIC RECORDS, THE TAX DATA IS PROVIDED AS A SERVICE WITHOUT GUARANTEE OF ACCURACY. OCAR DOES NOT AUDIT OR EDIT THE DATA PROVIDED BY DATAQUICK. THE DATAQUICK TAX INFORMATION IS DEEMED RELIABLE BUT NOT GUARANTEED. l • • 11 ORANGE COUNTY SECURED (2003- 2004ROLL) WEBSTER J. GUILLORY, ASSESSOR 11 PARCEL NO:43925102 TRA:55067 PROPERTY TYPE:1 ADDRESS . OWNER:MAURER, LONNIE LEATHA VESTING: SW ADDRESS:20332 RIVERSIDE DR CITY ST:SANTA ANA HEIGHTSCA (NLTM) ZIP +4:92707 ALPHA ZIP +4:56400 SITUS ADDRESS /DESCRIPTION /ACRES BK PG:43925 STREET:20332 RIVERSIDE DR CITY:SA SANTA ANA ASSESSED VAL EXEMPTIONS CODES DATES -OTHER LAND: 235817 EXE AMT1: 7000 EXE1:7 BASE L:1999 NO LVAL: IMPR: 50828 EXE AMT2: BASE I:1999 PP: OTHER: GROSS: 286645 NET: 279645 DFLT DT: SALE HISTORY REC NUM:R98049542 ADDITIONAL INFORMATION ACRES: LEGAL:N TR 2581 LOT 9 • This is G o o g 1 Ws cache of M7/ /autos dir gamig- ahao_oomlgpaptjLng!amsL G o o g 1 e's cache is the snapshot that we took of the page as we crawled to web_ The page may have changed since that tine. Click here for the current gage without highlighting_ To link to or bookmark this page, use the following urt http: / /rrr. googie. com/seaich? g= cache: eSW5tNUSGkS: autos. dir . gsoups. yahoo _ com /getup /J=gIaMiat+ jungle. mist. keauelsihl =euiie=UTP -8 Goop(e=a af/Idio"M& N.e4.Oa af&i Pdva Fvxpmstbkfw ascanrmt These search terms have been highlighted: lungle mist kennels Welcome, Guest ►Honig Jungle Mist Kennels Groups Home- Yahoo! - Hein (Already a member? Sign in to junky kennel place where they mistreat Members Only Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Chat 2002 2 2 Files 2601. 1 Photos Group Email Addresses Links Database Post message: JungleMist@rahoogroups.com Subscribe:. JungleMistsubscribe @yahoogroups.00m Polls Unsubscribe: JungleMist -unsubscribe@yahoogroups.eom Galendar List owner. JungteMist-owner bmhoogmups.com Promote Copyright ® 2000 Yahoo! Inc. All d" reserved. Prtvacv PU6w -Terms d Service - GulMnes - Helo Register - Sion In Group Info Members: 8 Founded: May 7, 2001 Language: English Group Settings Listed in directpry Restricted membership • Unmoderated • AN members may post Archives for. moderators only Email attachments are permitted • http: //216.23 9.57.104/ search ?q = cache: eSQH5tNUJGkJ: autos.dir. groups. yahoo.com/groupl... 10/3/2003 ����W w� vVUILVJJ l \WLV 1 \VJWW- Clerk- Reeo�ide County of Oran rage 1 ox 1 SEARCH CATEGORY: By BUSINESS NAME CRITERIA: Like JUNGLE MIST Business Number of egisiration File Expiration Last or First Documeni Pub Name Businesses Number Date Date Company Name Type Registered Name JUNGLE ST 1 0026925629 12/04/2002 12/04/2007 MAURER LONNIE FBN NO KENNE LS [JUNGLE ST 2 19976743717 12/31/1997 12/31/2002 MAURER LONNIE FBN S KENNELS Pagel of 1 # of Records: 2 DISCLAIMER: The Clerk- Recorder's Office makes no warranty or guarantee concerning the accuracy or reliability of the content at this site or at other sites to which we link. Assessing accuracy or relablity of the information Is the responsibility of the user. The Clerk- Recorder's Office shall not be liable for errors contained herein or for any damages in connection with the use of the information •contained herein. THIS INFORMATION IS FOR REFERENCE ONLY. 91Mj IS FBN_Forms__ / VJ Abandonment Forms__ / I WithdrawaLForms. / / Welcome / Orange County Heme Page / t. J http : / /er.ocgov.com/fbnfResults.asp 7/18/2007 a,a.11c wcswlS ceTmemly Clerk-Re¢orde County of Oran y p is 4 Page 1 of 1 SEARCH CATEGORY: By BUSINESS NAME CRITERIA: Like KIND TO CANINE Business Number of Registration File Expiration Last or First Documenl Pub Name Businesses Number Date Date Company Name Type Re istered Name KIND TO CANINES DOG 1 19996800903 7/30/1999 07/30/2004 ATKINSON DANIEL FBN YES TRAINING ERVICES KIND TO CANINES G 1 20046994247 7/22/2 07/22/2009 TKINSON DANIEL FBN NO ING ERVICES Page 1 of 1 # of Records: 2 DISCLAIMER: The Clerk - Recorder's Office makes no warranty or guarantee concerning the accuracy or reliabitity of the content at this site or at other siles.to which we link Assessing accuracy or reliability of the informaton is the responsibility of the user. The Clerk - Rebotdeft Office shell not be liable for errors contained herein or for any darnaom in connection with the use of the Information contained herein. THIS INFORMATION IS FOR REFERENCE ONLY. ft� IiJ FBN Forms ! IJ Abandonment_ Forms ! Wthdrawal Forms / Welcome ! Qrange County Home.Page_ ! .FBN.. Filing Instructions 0 http : / /cr.ocgov.com/fbn/Results.asp 7/18t2007 rUtna i o t-anines liog t ranting - Santa Ana, CA 92701 - Reviews: Pet Training, Pet Shops Page 1 of 2 0 • • what: (e.g. Dentists, Joe's Plumbing) where: � z Local Recommendations - ¢ '! Canines Dog Training 0 Ana 2 ** * 3 reviews - i` ""st Peninsula Animal j mr o w Hospital t Santa Ana, CA 92701 Santa An www.kindtocanines.com Hoy ital,Your P i� Neighborhood veterinary 0 Wpload a Photo Hospital Edit Business Info r � >i Ads by Google join j fog in x Kind To Local Recommendations - ¢ '! Canines Dog Training 0 ,r ** * 3 reviews - i` ""st Peninsula Animal 714 - 545 -2404 Hospital t Santa Ana, CA 92701 Peninsula Animal www.kindtocanines.com Hoy ital,Your P i� Neighborhood veterinary 0 Wpload a Photo Hospital Edit Business Info Pet Boarding Find Pet Boarding Places Near You. The Web's Local Search Engine! Local.com Pet Training & Obedience Find Pet Training & Obedience in Local Directory! www.usdirectory.com Save on Pet Supplies Low prices on Pet Supplies to keep your pet entertained & healthly. VaUeyvetcom Pet Boarding San Diego Pet boarding Find Service Professionals at Kudzu 3 Reviews of Kind To Canines Dog Training in in Santa Ana, CA ...Write yours here! This trainer is NOT Vicke Marx! rt By margaret S. 1 e3 Insider 1 Rank: 16,732 Previous reviewer wrote: "Vickie Marx is the expert trainer! She was very patient with my older dog. I liked this program because she places emphasis on the "no choke" collar." Vickie Manx IS good, but this trainer is Dan Atkinson, and he uses choke chains!! Not too kind! Posted 07/21/07 1 Printable Version Was this review helpful to you? Yes / No (you must log in or sign uo to vote) Not too kind... #♦ Relies on. old-fashioned force training. Choke chains, etc. For the same money you could get much better, more gentle training. Dan seems like a nie guy, but his training could be better... Was this review helpful to you ?' S5 ! -:, (you must ',a:;,or:::;;:u< to vote) Humane Form of Dog Training Rank http: / /www.insiderpages.com/b /3710310477 4/7/2008 ORANGE COUNTY SECURED (2003- 2004ROLL) WEBSTER J. GUILLORY, ASSESSOR PARCEL NO:43924136 TRA:55067 PROPERTY TYPE:1 iSx_rli:4sJ2� OWNER /MAILING ADDRESS OWNER:CHRISTENSEN, ALFRED III VESTING:EA ADDRESS:3908 CHANNEL PL CITY ST:NEWPORT BEACH CA (NUM) ZIP +4:92663 ALPHA ZIP +4:32322 SITUS ADDRESS /DESCRIPTION /ACRES STREEC20271i RIVERSIDE DR CITY:SA SANTA ANA ASSESSED VAL EXEMPTIONS CODES DATES -OTHER LAND: 343348 EXE AMT1: BASE L:2002 NO LVAL: IMPR: 49352 EXE AMT2: BASE I:2002 PP; DFLT DT: OTHER: GROSS: 392700 NET: 392700 SALE HISTORY REC NUM:R01722306 ADDITIONAL INFORMATION ACRES: LEGAL:N TR 2581 LOT 2 • t • • - Kennel Ttaining Program Page I of I Puppy Socialization In- Kennel Training Program Puppy Training Kind To Canines In- Kennel Training Program is designed for people who Bask Training want a dog that is 100% obedience trained In all commands. In g Training The in- kennel program consists of three solid weeks of training while your d afotrrkennei� Training at our Kennel.. ' . ollowing the in- kennel training, Dan ' train you, the owner, on how to ork with your og In your home Pcoglm Solving nce a week for three weeks to Censure that you and your dog ar - appy Case, tlies — Includes, training leashes, collars and instructional videos. Alumni Testimonials © 2001, Kind to Canlne Email r7r ✓7 aawuJ uuJUIWJ 1YQ111G 1�GJIlII`.3 Cteeco� County of Oran! Page I of I SEARCH. CATEWIIY: By BUSINESS NAME . CRITERIA: Like REikL RUN . . Business N umber of< it litim tio Pit 6colifation. Lastor First ocumen Pub Name Businesses Number Date Date Company Name Type Registered Name REBEL RUN ANINE I 0056015748 2/01/2005 02/01/2010 ROIMAGE FBN S LUTES C Page 1 of 1 # of Records: 7. DISCLAIMER: The Clerk - Recorder's Office makes no warranty or guarantee concerning the accuracy or reliability of the content at this site mat otter sites to which we fink Assessing accuracy or rellabi ily of the Information is the responsibility of tne.user. The Clerk. Recwtleft Office shall not be gable for errors contained herein or for any damages in connection with the use of the information contained herein. THIS INFORMATION IS FOR REFERENCE ONLY. Val FBN Forms_ / Abandonment Forms / Withdrawal Forms__ / / !A- elcome - / Orange Countv Home No / r A http : / /cr.ocgov.com/fbn/Results.asp 7118/2007 ORANGE COUNTY SECURED (2003- 2004ROLL) WEBSTER J. GUILLORY, ASSESSOR PARCEL NO:43925104 TRA:55067 PROPERTY TYPE:1 BK_PG:43925 WNER /MAILING ADDRESS •OWNER:BANGHART, ROBERT E TR VESTING:TR ADDRESS:20312 RIVERSIDE DR CITY ST:SANTA ANA CA (NUM) ZIP +4:92707 ALPHA ZIP +4:56400 SITUS ADDRESS /DESCRIPTION /ACRES STREET:20312 RIVERSIDE DR CITY:SA SANTA ANA ASSESSED VAL- -- EXEMPTIONS CODES DATES OTHER LAND: 223806 EXE AMT1: 7000 EXE1:7 BASE L:1988 NO LVAL: IMPR: 40510 EXE AMT2: BASE I:1988 .PP: DFLT DT: OTHER: GROSS: 264316 NET: 257316 SALE HISTORY REC NUM:R00331196 ADDITIONAL INFORMATION ACRES: LEGAL:N TR 2581 LOT 11 y • ORANGE COUNTY SECURED (2003- 2004ROLL) WEBSTER J. GUILLORY, ASSESSOR PARCEL NO:43924133 TRA :55067 PROPERTY TYPE:l BK_PG:439� WNER /MAILING ADDRESS OWNER:MULLIGAN, SHERRY A VESTING:NO ADDRESS:20301 RIVERSIDE DR CITY ST:SANTA ANA CA (NUM) ZIP +4:92707 ALPHA ZIP +4:56400 SITUS ADDRESS /DESCRIPTION /ACRES STREET:20301 RIVERSIDE DR CITY:SA SANTA ANA ASSESSED VAL EXEMPTIONS CODES DATES - - -OTHER LAND: 16885 EXE AMT1: 7000 EXE1:7 BASE L:1978 NO LVAL: IMPR: 55807 EXE AMT2: BASE I:1978 PP: DFLT DT: OTHER: GROSS: 72692 NET: 65692 SALE HISTORY REC NUM:R01068300591 ADDITIONAL INFORMATION ACRES: LEGAL:N TR 2581 LOT 5 C� • 13 -OC7-2003 2:14:04 ___ __ _____________________________ $1 + -- - - - --- -- --- --- -- - - -- * * ** COMPLETE REPORT * * ** --------------------------- 1 {. (PARCEL NUMBER 43924133 CITY CODE SA CENSUS 7RAC7:.0631011 I C R 1 TUS ADDRESS 20301 RIVERSIDE DR SANTA ANA CA { 1 CARRIER ROUTE : 19 { --------------------------------------------------------- --- --- --- -------- -- - - -+ I * OWNER INFORMATION * * PROPERTY INFORMATION IOWNER 1ST: MULLIGAN SHERRY A # UNITS : 001 BEDS 3 { I 2ND: SQ. FT. : 971 BATHS 1.501 { ADDRESS: 20301 RIVERSIDE DR LOT SIZE: 000000000 ROOMS 6 I I SANTA ANA CA. 92707 YR BUILT: 19551 {PRIVACY NO TELEMARKETING CALLS LOT 5 STORIES 0 1 (OWNER CODE: B BLOCK AIR (FULL /PART : TRACT 02581 POOL 1 (PHONE : 000 -0000 PARK { +------------------------------------------------------ ---------------- --- - -- - -+ I * FINANCIAL INFORMATION * I (LOAN TYPE TRANS VALUE 00 1 'ILOAN 1 00 LAND: 16231 TAX 938 1 (LOAN 2 00 IMPR: 53639 TAX STATUS : 0 1 1 YR SOLD ST : 0000 1 IDOCUMENT 010683059 -1 SALES STATUS : { (TRANS DATE: 05/07/1973 LENDER I +- --- --- -- ----- ------------ - - - - -- ------------------ - - - --- TAX INFORMATION IS PROVIDED BY DATAQUICK FROM ORANGE COUNTY TAX ASSESSOR'S PUBLIC RECORDS. THE TAX DATA IS PROVIDED AS A SERVICE WITHOUT GUARANTEE OF ACCURACY. OCAR DOES NOT AUDIT OR EDIT THE DATA PROVIDED BY DATAQUICK. THE DATAQUICK TAX INFORMATION IS DEEMED RELIABLE /BUT NOT GUARANTEED.' • n i i✓ D �% .- d�tl�[.� -tom 0 %- Ullu'di V uncy t,U1l1C eG JIICIUC 1CCscuC lWhat Is a Rescue Dots? II Adoptions as of October 18, 2006 1011 Visitors since November 2 r.jj*jpjMj Site last updated October 18, 2006 Top Rated Dog. Site OI 1 CentraI VaRe COM's a SheItie Rescue Central Valley Collie Rescue was started by Michael 1. Love in March 1992. Mike had owned Collies and Shelties continuously since the age of 4, and at the age of 43, he decided it was about time he began returning some of the love that the dogs he had owned over the years had given him. In early 1994, he was asked to take over Sheltie Rescue for the Sacramento area. He did, and the name expanded to Central Valley Collie & Sheltie Rescue (C.V.C.S.R.). Mike Love, founder and director of Central Valley Collie and Sheltie Rescue, and his rescue operation are now located in Santa Ana Heights, California. Michael J. Love mike@Miove.com 20301 Riverside Drive (Santa Ana Heights, CA 92707 (714)557 -5683 CENTRAL VALLEY COLLIE & SHELTIE RESCUE is an I.R.S. registered 501(c)(3) Nonprofit Organization. All adoption costs and donations to our rescue are 100% tax deductible. Dog Rescue Prev I Ring Hub I Join I Next >> 02007 WebRing Inc. Dogs,..Dogs, a Canine Wonderla.ndl If you love dogs, visit. I- Love - Dogs.com for tons of free dog stuff! d� animalattraction.Com FO O D A PET http: / /www.mlove.com/ 7/17/2007 owU Lui 1 %auiwN un uric sunny slue oI the street- Staff On -Site 2417 ti k W ! 'i41an 1`sky� � EL {{77- .,., -,- Seep Aoe'He4bd, G 927W a y �d rr° N �E S kg� C. VFxxF45 L • Page 1 of 1 http:// www. sunrunkennels.cornAocation.html 4/8/2008 Page 1 of 1 • Page 1 of 6 • Ficitiitous Business Name Kesults r Clerk-Recor r County of Or r Page 1 of 1 SEARCH CATEGORY: By BUSINESS NAME CRITERIA: Like SUNRUN KENNELS Business Number of Registration File Expiration Last or First Docume:ni Pub Name Businesses Number Date Date Company Name Type Re istered Name SUNRUN SUNRUN 1 20016873086 0810212001 08/02/2006 KENNELS FBN YES ENNELS LC Pagel of 1 # of Records: 1 DISCLAIMER: The Clerk- Recorders Office makes no warranty or guarantee concerning the accuracy or reliability of the content at this site or at other sites to which we link. Assessing accuracy or reliability of the information is the responsibility, of the user. The Clerk - Recorders Office shall not be liable for errors contained herein or for any damages in connection with the use of the information contained herein. THIS INFORMATION IS FOR REFERENCE ONLY. 1 E FBN Forms I ICJ Abandonment Forms I ICJ Withdrawal Forms / lw�& Home Page I Welcome I Orange County Home Page / FBN Filing Instructions • http: / /cr.ocgov.com/fbn/Results.asp 7/18/2007 'unnm Kennels, Santa Ana, CA: reviews Y�13�QI LOCAL 'unrun Kennels (714) 641 -3193 20322 Riverside Dr, Santa Ana. CA 92707 Business Overview MasterCard, visa Large Exercise Runs For Playtime. In Temperature Controlled Runs, Day Care, Grooming All Breeds.. Grooming - All Breeds 1 -3 of 3 Page 1 of 2 Share your photos of Sunrun Kennels. Best Place Home away from Home for my 3 babies..: I STRONGLY disagree with both of your negative reviews, my experience at SUNRUN was exceptional. My dogs were well taken care by the staff. This'16ennel was recommend to me by alot of pet lovers. I HIGHLY recommend SUNRUN KENNELS for board ingldaycare. grooming. n U Yn .t N1 Se' R* http : / /Iocal.yahoo.com/details ?id= 21082198 &lsre =results &p =Cat +Boarding &csz =1 rvine %2C +C... 4/8/2008 • • • is, Sgnta Ana, CA: reviews a Yahoo Local User Page 2 of 2 of /o4i)cu7 Never go here!: The owner was extremely rude. Staff is incompetent. I left my dog there while I went on holiday. I called several times to check in on him and no one ever answered the phone. I was promised I could pick him up at 7:30 in the morning, no one showed up until 8:15. The lady that finally did show up did not know where any of my dogs things were, bed, toys, etc. 1 said I would go back there to show her which things were his. She refused, saying that it was extremley messy and disorganized back there.. She also didnt how to use the credit card machine and wanted me to leave all my information on a post it note. I felt uncomfortable so I said I would be back later to pay and pick up my dogs things. An hour or two later. the owner filled me and was so extremely rude. She yelled at me for not paying when she claimed to done me a favor by letting me pick up my dog at 7:30. When I explained the situation, she turn everything around to make it seem like it was all my fault. When I finally did go to ny dogs things, I realized that they hadnt even given him his toys to play with while I My dog was extremely thin, which makes me believe he wasnt fed properly. He has stop since he got home. I toured this place before I left him there, and felt comfortable ,e would be well taken care of. I was wrong. If you love your dog, dont ever take them to .nis place. I feel horrible knowing I left my dog in such a horrible place for so long. ;sei Ra inq. 1 out of 5 stars a Yahoo' Local User of /04./2005 Don't go here: I was told they were too busy to view the animals' kennels the first time I went there. Was put on hold a few times and then disconnected. I was not told my dog was ill: I was charged for 10 days when I boarded my dog for 8. http://Iocal.yahoo.com/details?id=21082198& 4/8/2008 .l Menu Page I of I Sunrun Kennels email address has changed to sunnm1426(a)adelphia.net!! Sunrun Kennels Menu KENmrL U, era Sunrun Kennels (LLC) 20322 Riverside Dr.. Santa Ana Heights, CA. 92707 (714) 641 -3193 IN • no[: Sunrun Kennels was established in 19% and is proudly owned and operated by Ted and Judy Nichols. We are conveniently located in Orange County California, adjacent to John Wayne airport on the edge of Newport Beach. Sunrun Kennels is 2 adjacent state of the art kennel facilities. One of the facilities has a ooL The tutQl is available for pllaAme or theraofior an additional fee.., he kennels and exercise areas are well ht and des1So-you r pees comfort and security. Each run has an indoor /outdoor sleeping area. The indoor portion is heated for the cool months and it is temperature controlled for your pets comfort in the warmer months. For exercise there are 50 foot exercise runs and large play areas that your pet is exercised in 4 times a day at no additional cost Boarding rates vary based one and specaa, la s please contact the kennel at (714) 641 -3193 or email us at sunrun142 delnhiamet. Photos of the kennel facility are provided on this page. Photos of the pool are available from the menu on the left. Images of the Sunrun Kennel facilities. Click an • Image for a larger view. f http : /Imembers_aol.com/sunrunI426/ 6/10/2003 szm :2yJ«w4: i : :ez.um :m;s :sue» L aJ 2 m 9 » a a = GozgmY sYP s:: rz :43 w: AqZ: l=as S «sue !N :T �!,D mom:& 2 w RIVERSIDE m . CITY :SA -�uN ; mm; 2,;226 ma gG!«yy . . _ SITUS zz_ Jnw: :wgy= 7 SA � � -NA � 962 qz: »army« az« «amp: wez: DgT?zG: o:z: a w S N., . 3:929 —sera R -- sc A« a lw yJ . owm=z0R=O �m : . te=a m a!l LOT y z \r7 0 13 -OCT -2003 2:14:31 ___ ______ ______ ___________ °__�____ #1 +- -- ---- ----- ---- - - - - -- * * :* COMPLETE REPORT * * * *--------------------------- I I (PARCEL NUMBER : 43924132 CITY CODE : SA CENSUS TRACT: 0631011 I ILUC : R I • ISITUS ADDRESS : 20311 RIVERSIDE DR SANTA ANA CA 1 CARRIER ROUTE : 19 I +-------------------------------- ------------ -- - - - - -- - - - --- - ------------ - - - - -+ I * OWNER INFORMATION.* - * PROPERTY INFORMATION * I IOWNER 1ST: NICHOLS TED & JUDITH E # UNITS : 001 BEDS 3 I I 2ND: SQ. FT. : 973 BATHS 1.501 - I ADDRESS: 20311 RIVERSIDE DR LOT SIZE: 000007620 ROOMS 6 1 I SANTA ANA CA 92707 - YR BUILT: 19551 (PRIVACY : NO TELEMARKETING CALLS LOT 6 STORIES 0 1 ' (OWNER CODE: BLOCK AIR I IFULL /PART : F TRACT 02581 POOL I IPHONE : 000 -0000 PARK I _ +---- ---- ------ - - - - -- ------- --- - - - - -- - -- - - - - -- ---------------- -- ------- - - - - -+ I * FINANCIAL'INFORMATION * I ILOAN TYPE TRANS VALUE 119000 I ILOAN 1 119000 LAND: 139992 TAX 1183 I - ILOAN 2 00 IMPR: 50008 TAX STATUS : 0 1 YR SOLD ST : 0000- I (DOCUMENT. 000050413 -2 SALES STATUS : I (TRANS DATE: 09/25/2000 LENDER : SELLER +---------------- ----------- ------------ - - - - -- - --------- - - - - - -- ---- ----- -- - --k TAk INFORMATION IS PROVIDED BY DATAQUICK FROM ORANGE COUNTY TAX ASSESSOR'S PUBLIC RECORDS. THE TAX DATA IS PROVIDED AS A SERVICE WITHOUT GUARANTEE OF ACCURACY. OCAR DOES NOT AUDIT OR EDIT. THE DATA PROVIDED BY DATAQUICK. THE DATA QUICK -TAX INFORMATION IS DEEMED RELIABLE BUT NOT GUARANTEED. • -30 3 zv 0 '! ORA NGE C'!1' SECURED 03-2_1j 104RCLL` EBS ER GrJ URY, `.SSaJSCR i 2= .RCEI, N;0:4392 4132 --RA:55067 PROPERTY TYPE:I Bii_PG:43924 G,4NER !MAILING ADDcESS — CNVER:NiCnvLS, TED NICHOLS, JJDITH E VESTING: CP ADDRESS:210322 RIVERSIDE DR CITY -':SANTA ANA CA :,,-!UM) 'ultra +4 :92707 :LPHA Z_I? +4:5G400 I _.;S ADDRESS;'DESCRI_ _ iuN /'ACR -0331 RIVERSIDE DR TY SA ASSESS—ED ;AL' EXEN(PTS- 't!' D:.1'S .:X_E AP':T1. SASE ✓:2v.._ _,'C I PR: I�'023 E<_E =MT2: BAS° 1. 00 DD: DF DT: OTHER : GROSS: =97676 NET: 1576!O S UE Hisl ORY _REC NtiM:R00504132 lDDi_IONAL INFORMATICN- ACRES: LEGAL:?! =R 258i LOT 6 • `113 \ —OCT -2003 /12:15:17 ___ _______________________________ #1 +____�1 -- - -- - -- + * ++ COMPLETE REPORT * * *+ ----------------- ---- - - - - -+ I I IPARCEL NUMBER : 43925103 CITY CODE : SA CENSUS TRACT: 0631011 { ILUC : R - 10 ISITUS ADDRESS : 20322 RIVERSIDE DR SANTA ANA CA I I CARRIER ROUTE c 19 1 +------------------------------------------------------ ------------------ - - - - - -+ I * OWNER INFORMATION * * PROPERTY INFORMATION * I IOWNER 1ST: NICHOLS TED TR # UNITS : 001 BEDS 3 1 j 2ND: SQ. FT. : 1224 BATHS 1.501 I ADDRESS: 20322 RIVERSIDE DR LOT SIZE: 000000000 ROOMS 6 1 1 SANTA ANA CA 92707 YR BUILT: 19551 (PRIVACY NO TELEMARKETING CALLS LOT 10 STORIES 0 1 IOWNER CODE: BLOCK AIR I (FULL /PART : TRACT 02581 POOL I IPHONE : 641 -3192 PARK I +-------------------------------------------------------- ----- --- ----- ---- - - - - -+ I * FINANCIAL INFORMATION * I (LOAN TYPE TRANS VALUE 242000 I (LOAN 1 207000 LAND: 219230 TAX 3615 { (LOAN 2 00 IMPR: 132664 TAX STATUS : 0 I YR SOLD ST : 0000 I IDOCUMENT 000013692 -5 SALES STATUS : I (TRANS DATE: 03/20/1996 LENDER : MEDALLION MTG i +---=------------------------------------------------ ---- --- -------------- -- - - -+ TAX INFORMATION IS PROVIDED BY DATAQUICK FROM ORANGE COUNTY TAX ASSESSOR'S PUBLIC RECORDS. THE TAX DATA IS PROVIDED AS A SERVICE WITHOUT GUARANTEE OF ACCURACY. OCAR DOES NOT AUDIT OR EDIT THE DATA PROVIDED BY DATAQUICK. _ THE DATAQUICK TAX INFORMATION IS DEEMED RELIABLE BUT NOT GUARANTEED. A .Aj,A ANA HEIGHTS SPMFICftN g. Special Regulations (1) An amendment to a valid use permit or certificate of use and occupancy fora commercial kennel shall be approved administratively by the Director, PDSD as a changed plan, per Zoning Code section 7 -9 -150 and shall not require an Acoustical Analysis Report as per section (2) below, if the following applies: (a) The proposed change does not increase the overall size of the facility by more than 10°/0.. from that shown on the - current plot plan; (b) The proposed change does not increase the number of dog runs from that shown on the current plot plan; (c) The proposed change does not intensify any accessory uses (e.g., grooming parlor, sale of pet supplies, training classes) allowed by the current permit and does.not provide for any additional accessory uses; (d) The proposed change is consistent with the setback standards in Zoning Code section 7- 9 -137; and (e) The proposed change satisfies the required findings in Zoning Code section 7- 9.150. immercial kennels or for structural to exist ng gnne lacillties requiring a use '— . —apprc compliance with Orange County Codified Ordinance, Division 6 (Noise Control). The report shall be prepared by a County- certified acoustical Land Use District Regulations IV -12 consultant and submitted to the Manager, Building Permit Services, for review and approval. The approved attenuation features shall be incorporated into the plans and specifications of the project. 0 THE WILLIAMSON ACT A Brief Overview Summary In 1965,.the California legislation passed the California Land Conservation Act, commonly knovcm as The Williamson Act. The primary purpose of the Williamson Act is to: • Preserve the limited supply of agricultural land as an economic resource and as a source of food for the State and the Nation • Discourage the conversion of agricultural land to urban uses by arresting or retarding urban sprawl • Provide and or maintain Open Space The Williamson Act accomplishes its purpose by providing property owners.the opportunity for reduced property taxes to.fBltmIand-in return for retaining its agricultural uses. In order to participate in this process, the property owner and governmental jurisdiction enter into an • agreement limiting the use of the Iand for at Ieastten years. Upon entering this Agricultural Preserve Agreement, the County Assessor is directed to assess the property for tax purposes based solely on its agricultural and not on its'ldevelopment potential. The Agricultural Preserve Agreement (Ag. Preserve) between the landowner and the County is automatically renewed on January 1 of each year. The Ag. Preserve agreement can be terminated by the landowner by filing a Notice of Non - Renewal with the County by September 30'', of the previous year. Once a Notice of Non - Renewal is filed, land in the Williamson Act Preserve cannot be developed for at least ten years. Assessed.values for the property tax purposes gradually increase, each year reaching full-value in the:tenth year after which the parcel is taken off the preserve and:available for commercial developmeatt; Provisions Although, the main purpose of the Williamson Act is to preserve agricultural lands in the state of California, the legislation also makes provision for other "compatible uses ". Government Code (Section 51201) defines compatible uses in the context of the Williamson Act as any uses determined by the County to be compatible with Agricultural, Recreational, or Open Space. In addition, each contract permits the Board of Supervisors, by resolution, to add specific uses to the list of compatible uses. It should be noted that approval of the change of zone, use permit, or site permit is still required prior to the establishment of each additional. use. The Compatible uses are the following: • • • Agricultural Use; use of land for the purpose of producing an agricultural commodity for commercial purposes. • Recreational Use; use of land by the public, with or without charges, for any of the following: walking, hiking, picnicking; camping, swimming, boating, fishing, hurting, or other outdoor games or sports for which facilities are provided for public participation. Any fees charged for the use of land as defined in this subdivision shall be in a reasonable amount and shall not have the affect of unduly limiting its use by the public. • Open Space: the use or maintenance of land in such a manner as to preserve its natural characteristics, beauty, or openness for the benefit and enjoyment of the public, to provide essential habitat for wildlife, or for the solar evaporation of sea water in the course of salt production for commercial purposes. Histon, In 1965; the California legislature passed the California Land Conservation Act, better known as the Williamson Act. • The Irvine Ranch Agricultural: Preserve Agreement The County and the Irvine Company entered into an Agricultural Preserve Agreement on February 18m : , 1969A The original agreement placed 49,054 acres of land within an agricultural • preserve (out of a total company ownership of approximately 64.000 acres). Based on long -term estimates of planning and development needs, the Irvine Company annually notified the County of areas subject to non - renewal within the preserve, which initiated a ten -year withdrawal process. Over the twenty -year period :(1 - 969 - 1989);. the Irvine Company has gradually given notice to withdraw= all of its land -from the Williamson Act. On September 30, 1989 the Irvine Company filed a notice of non - renewal on the remaining 19,000 acres of the Ag. Preserve Agreement area. The notice put into affect the nine -year phase out of the agreement over its remaining.life. Accordingly, assessment of the land was re- evaluated on an annual basis and incrementally increased each year, reaching its full commercial. value in 1.999. Oh June 23, 1992 PD$D processed an amendment to the original Irvine Ranch Ag. Preserve Agreement to expand the list of compatible uses to include: (1) golf course facilities, (2) equestrian,'ridir,, facilities, (3) roadways consistent with the !Raster Plan of Aiteriai m Highways, and. (4) coposting. • The Rancho Mission Viejo Agricultural Preserve Agreement Also in 1969, the County entered into another Ag. Preserve Agreement with the Rancho Mission Viejo Company. The original agreement covered about 29,000 acres of land in southern County and idetntties thirteen agriculture or agriculture compatible uses permitted within the preserve. In 1950 the agreement was amended to add sand and gravel activities as a compatible use; then • in 1 . 956. the agreement was amended twice to add two more compatible uses, a private family m; ;er•_. 1!.d a public goifcotuses; and cater in ! 988. roadway shown on the :�lastei Plan of • iv,vu s was added.. I n 1999, the. Rancho Mission Viejo Company filed a notice of partial non - renewal requesting approximately 7,515 acres to come out of the Williamson Act Preserve by fiscal year 2009. Currently. there are . approximately 12. 560 on 47 parcels of land i!1 unincorporated areas of Orange County that ire protected under the Williamson Act. Of those 12,560 acres. the Rancho Mission Viejo Company owns ,,pproximately 98 percent. in the ;.ear 2005. 289 acres are scheduled to he tithdrawn from ,,he Ag. Preserve area. In addition. 7.815 acres are scheduled to he v.-ithdriivii in 20t18. ;his ica. es :;nly 4.257 acres that are without notice ofnon- renL.'xl ant! are not scheduled to be w itttdra -. n in the Rancho Nfission Vieio Company (see attached, :)MP> There are approximately another 218 acres outside. the Rancho Mission Viejo property *ivil ?: _ yet to file for non - renewal and are, direfore, in the Agricultural Preserve area i;xletilit !;: i.;ee attachment 0. Removal Onee a property has been entered into an agreement, there are two ways in which it can be removed: • • Notice of Non-renewal: As Idescribed earlier, once erttered into. the a�reerrerit is automatically renewed .'anuary Vt of each vear unless a Notice of Non-renewal is filed by September 30`' of the previous year by the property owner. Upon filing the notice. the assessment of the property is re- evaluated and incrementally increased each y ear untii reaching its Mull value at the end of a ten -year period. • Cancellation: A contract maybe cancelled, but the cancellation'nvolves a comprehensive review and approval process. in addition the property owiter must pay ."_ percent of the property's full market value. PDSD processes requests for cancellaticins and amendment to the Agricultural Preserve contracts according to EMA Manual of Policies and Procedures No. 2.3. 101 (see attachment 2). Updates: o :,ate. there have been two known inaior arnendments.or updates relating to the Williamson t: <n May ; 9. '000 the Open Sp acc Subvention Act regulations vi_ amended. i)f rite ght are =ts If possibie rani fieatious to rte County of Oran. c. seven fell within the respoushilities of the %Sscssors Office. The only spccitic..ramification to PDSD was that PDSD +%as required to update the 1Manuai of Policies and Prryxdures JI&P) to include approved findin-as and a detailed • tiitIInrnaty of subst<anti at c idc cLC to support each nndil Then 'FE rCquest for 1i - 9�t C Liceliai ;oil tee for ter[nili 71,111- Oren Soace c.•isetnents and A, Prc-zer°C (CoLt.lcts. More recently, Assembly Bill 1'39; became eifecti.ce Jamiary 1,'2003. In short, this 6111 rectuir" a City or County to deny approval of a tentative map or parcel map if the Iand is subject to an open space easement, an agricultural conservation easement, or a conservation easement and the resulting parcels following the subdivision do not meet the presumed minimu>n parcel sizes £or easements entered into on or after January 1, 2003. hhcse iariie provision were preN'iorlslV required only for wniatiY :g ;leaps or paace.] !claps if ihz. land was subject to the Williamson Act Agricultural Preserve. Assembly Bill 13'-1 also became effective January 1, 2003. This bill, however, only impacts UnU Local Agency formation Commissions (LAFCO), CURRENT WILLIAMSON ACT CONTRACTS O�41Y ;R XKEA _ T NOTICE OF CONTRACT Y :KPfRF.S SIZE CANCELLATION _...- — (acres) - - -- -FILED Rancho Mission Viejo : 289 1 1995 _005 Rancho vlission Viejo 7, 8;.5 1993 2049 Rancho Santa Margarita - X24 Not Yet Filed , Indefinitely Niillel I 1 i Not Yet Failed Indefinitely— �..__. Coral Properties _- i Not Yet Filed _ Indefinite Pacific Mutual Life_ 22 Not Yet Filed ' lndefinitel '- C7., Master Association t d —{ —L ' Not Yet Filed Indefinitely - Trabueo PWT -� - _ 118 Not Yet Filed _ Indefinitely • Na&YW AudLton .,4w R&Ixh S"'HuRry caspws tmkwT P&k 0-40 Agm, JtwW Preserve Status Not Noticed -br WifHdluwaf M, W,070MWSIJ�n IW5 I I - wflpd;xlW61" 200.R Orange County Agricultur,,;, Preserves . ....... .. ... .. . .. .... Nosh T"tio Agdc.ltu W Pftcrrt Orange County Agricultur,,;, Preserves . ....... .. ... .. . .. .... • i i 8 9 rJ it Q It '9 ORDINANCE NO: N ORBINANCE.OF THE COUNTY .OF ORANGE, CALIFORNIA A'MENDIN6 SECTION 4 -1 -48 RELATING TO NUISANCES Phe .Board of Supervisors of the County of Orange does ordain as follows: SEC-"ION I. Section 4 -1 -48 of the Codified Ordinances of the County of Orange is hereby amended to read as :allows: 'Sec, 4 -1 -48. Nuisance, (a) No person shall keep; maintain, or permit, either willlfully or through failure to exercise. proper control, on any lot_ parcel of land or premises under has or her control any arimaL 0 ? which: ny sound or cry shall disturb the peace.and comfort of the. inhabitants of the neighborhood,, or (2) which. affects an entire community or neighborhood; or any considerable number of ? Persons'. although :he extent of annoyance or damage may differ, or s: ) +viich interferes with any person in tie reasonable and cotntortabie enjoyment of li n ,-r property. b) 'doi.,e generated by animals asilizzd in he n.roduciion of crops, , ti -stock nr ;7oult �' iI C.F. sul5ject to this section. ic} Violation of the ;noise standards _,et out in section 4 -6 -5 shall be deemed to constitute a Violation of this section. (d) -e e«S .a. 6'3Qji:i`uiV''1i of tlii3 52CiitSn 15.3 pLkf?liC _'.ii's$anCe. ✓•✓? itiviYu 1.ille Sec. 4-641- Designated noise zone. Page The entire territory of Orange County, including incorporated and unincorporated territory; is hereby • designated as'Naise Zone 1.' (Ord. No. 2700,§ 1, 9- 19 -73: Ord. No. 2870: § 1, 10- 1 -75)' Sec. 4-8 -5. Exterior noise-standards. 'a) The following noise standards, unless otherwise specifically indicated, shall apply to all residential properly within a designated noise zone: NOISE STANDARDS Noise Zone Noise Level Time Period t 55 dB(A). TOO a.m. -10:00 p.m. 50 dB(A) 10:00 p. tn. -- 7:00 a. M. In the event the alleged offensive noise consists entirely of impact noise, simple tone noise, speech, .. music, or any combination thereof,. each of ths:above noise levels shag use reduced by five (5) dB(A). (b) It shall. be uniawM for any person at any location within the unincorporated area of the County to .create any oise, or to allow the creation of any noise on property owned, leased, occupied, or otherwise controlled by such person, when. the, foregoing causes the noise level, when measured on any other residentlal. property, either incorporated. or unincorporated, to exceed: (t) Tne noise standard for a cumulative period of more than thirty (30) minutes in any hour'. or .2) The noise standard plus. live (5) dB(A). for. a 'cumulative period of more than fifteen (15) minutes in any hour, or ...__._...131 The noise standard plus ten (10) dB(A) for a cumulative period of more than five i5) minutes n. any hour, or _4) "'hz noise standard o;us ;iffeen ;15) dB(A) for a cumulative period of more than one (' minme in any hour, or the noise standard plus twenty (20) dB(A) for any period of time. i ^1 !n the event tha ambient noise !evel exceeds any of the .first four (4) noiseAmit categores above, the um. +dative 'period 3ppiicable to said: category shall be increased to reflect said ambient noise level. In the avent the ambient noise level exceeds the: fifth noise limit category, the maximum allowable noise level ,).^.der.saidrategory shall be ;ncreased to reflect the maximum ambient noise level. 30, § 1, 3- 1.9 -73; Ord, No. 2715. 3 -73; C rd. NO. 2870, g t. 10- 1 -7.5} • Sac. $ • i. mierfor noise standards. .s'. ` :`A t:;ilow0s; Enterior mn.se standards, anu!se specificaily indicated, Shall :apply ^en ^a! :1rorerty wiihfn a .esigrztad 'vise zone: ;v? ERIOR NOISE STANDARDS :varse JciSe Time ?enod i• evei T K 2,M.— '():rtd o.f71, i-01'tl 01 + t. • • • .yOlINVWwItlac u -�1a ,. ANIMAL CONTROL OFFICER, SR Class Code: 2120 QTY OF NEWPORT BEACH Revision Date: May 4, 2006 SALARY RANGE $25.11 - $35.34 $4,352.40 - $6,125.60 $52,228.80 - $73,507.20 Hourly Monthly Annually To serve as a first -line supervisor of the Animal Control Unit w fore relatin c the possession, ownership and control of animals within the City. Performs.t a du ' of an Animal Control Officer in addition to supervisory duties. SUPER , ON RECEIVED AND EXERCISED: Receives general supervision from a. sworn Police Supervisor. ESSENTIAL DUTIES: Duties may include, but are not limited to, the following: • Supervise Animal Control Officers; • Investigate criminal complaints and state code violations; Prepare reports and maintain records, logs, and files; • Prepare and log state quarantine reports; monitor quarantine periods and release of animals; • Schedule and evaluate the performance of Animal Control Officers; • Develop and maintain a public information program to keep the community informed in a timely manner of safe and humane methods of animal care and to provide educational information to the community; • Develop and maintain a quality Animal Control Officer Feld Training Program; • Perform related duties as assigned. QUALIFICATIONS: Know_Led a of- Current State Laws concerning animal control. Ability to: Assume supervisory responsibilities as directed; Plan, coordinate and evaluate the work operations and staff performance; http: // agency. govenimentjobs .cominewportbeachldefault.cfin? action= specbuiletin &CiassSpecl... 7/17/2007 ,y of Newport Beach - Class Specification Bulletin Develop and maintain educational programs for the community; Legally operate a City vehicle; Communicate clearly and concisely, both orally and in writing; Appear for work on time; Follow directions from a supervisor; Understand and follow posted work rules and procedures; Accept constructive criticism; and Page 2 of 2 Establish and maintain cooperative working relationship with those contacted in the course of work. This position may be required to work overtime hours as needed. EXPERIENCE & TRAINING: Any combination of experience and training that would likely provide the required knowledge and abilities is qualifying. A typical way to obtain the knowledge and abilities would be: Experience: Presently employed and off probation as an Animal Control Officer with the City ' of Newport Beach with a standard or above standard performance rating. Tntnina: Graduation from the P.O.S.T. certified 832 Penal Code class. LICENSE /CERTIFICATE: Possession of, or ability to obtain, an appropriate, valid California driver's license. 0 • r 1 LJ http: // agency. governmentjobs .cornlnewportbeachldefault.ef n? action= specbulletin &ClassSpecl... 7/17/2007