The following definitions apply to the use of these terms for the purposes of this chapter:
.010 “Animal Care Services” means the department within Orange County Health Care Agency authorized to perform the functions described in this chapter and any other ordinance or law that delegates such authority to the Animal Care Services Department or its director; or, in the event the provisions of this chapter are administered and enforced by employees of the City of Anaheim, such term shall mean the Community Preservation Division of the Planning Department of the City of Anaheim.
.020 “Barking dog” means a dog that barks, bays, cries, howls or makes any noise for an extended period of time to the disturbance of any person at any time of day or night, regardless of whether the dog is physically situated in or upon private property. Such extended period of time shall consist of incessant barking for 30 minutes or more in any 24-hour period, or intermittent barking for 60 minutes or more during any 24-hour period. A dog shall not be deemed a “barking dog” for purposes of this chapter if, at any time the dog is barking, a person is trespassing or threatening to trespass upon private property in or upon which the dog is situated, or when the dog is being teased or provoked.
.030 “City” means the City of Anaheim.
.040 “Civil citation” means a notice issued pursuant to this chapter that there has been a violation of this chapter.
.050 “County” means the County of Orange.
.060 “Day or days” as used in this chapter shall mean calendar day or calendar days, respectively, unless otherwise expressly provided. This time in which any act provided by law is to be done is computed by excluding the first day and including the last, unless the last day is a holiday, and then it is also excluded.
.070 “Director” means the Director of Animal Care Services, or his or her designee; or, in the event the provisions of this chapter are administered and enforced by employees of the City of Anaheim, such term shall mean the Community Preservation Manager of the City of Anaheim.
.080 “Enforcement Officer” means any Animal Care Services employee or agent designated in writing by the Director, or any Community Preservation Officer of the City of Anaheim.
.090 “Hearing Officer” means a person appointed by the County Executive Officer or designee to serve as a Hearing Officer for administrative hearings and assigned to hear matters pursuant to this chapter, or any person appointed by the City Manager of the City to hold such hearings.
.100 “Issued” means giving a civil citation to a violator. Issuance occurs on the date when a barking dog civil citation is personally served on the violator, or the date is mailed to the property where the barking dog is located or where the barking dog violation occurred, or the date the citation is posted in a conspicuous place either on the property where the barking dog is located or where the barking dog violation occurred. When service is made by posting, the barking dog citation shall also be mailed within 24 hours of posting to any address known for the violator.
.110 “Notice of Decision” means a form used by a Hearing Officer to inform a violator and/or complainant of an administrative hearing decision regarding provisions of this chapter.
.120 “Owner” means any person who possesses, has title to or an interest in, harbors or has control, custody or possession of a barking dog, and the verb forms of “to own” shall include all those shades of meaning.
.130 “Responsible Person.” A responsible person may also be referred to as a “violator” herein. A responsible person is any of the following:
.01 A person who allows a barking dog violation to exist, whether through willful action, failure to act, or failure to exercise proper control over a barking dog.
.02 A person whose agent, employee, or independent contractor allows a barking dog violation to exist, whether through willful action, failure to act, or failure to exercise proper control over a barking dog.
.03 A person who is the owner of, and a person who is a lessee or sublessee with the current right of possession of, real property in or upon which a barking dog violation occurs.
.04 For purposes of the chapter, “person” includes a natural person or legal entity, and the owners, majority stockholders, corporate officers, trustees, and general partners of a legal entity.
.05 For the purposes of this chapter, there may be more than one responsible person for a barking dog violation, and a minor at least 14 years of age may be a responsible person subject to the provisions of this chapter.
(Ord. 6102 § 1 (part); April 22, 2008.)