Agenda - 11-01-2018 6-a - Unified Animal Control Ordinance Amendments

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5 language, "[an animal] that is in imminent danger," has been added to the general impoundment authority and process in Section 4-43 in order to clarify this authority. As described in new paragraph 4-38(c) and as required by law, such animals would only be impounded pursuant to consent, a warrant, or an exception to the warrant requirement. 4. Section 4-51(c)(5), was intended to provide an appeal for citations ordering a public nuisance animal to be removed from the County, as opposed to citations for any public nuisance violation. An 'T' has been added to correct this error, so that the language reads "An Owner or Keeper shall have a right to appeal a citation for removal," rather than "...a citation or removal." Other citations pursuant to the public nuisance sections of the Ordinance are appealable to the Finance Director through the debt setoff process. 5. Section 4-53, Appeals, was intended to provide the process for appeals granted expressly by other sections of the Ordinance. However, the language of this section could previously be read as providing an appeal for every violation of the Ordinance. This language has been amended to identify what appeals are granted by the Ordinance: dangerous animal declarations, citations ordering the removal of nuisance animals, and denials or revocations of kennel or pet shops permits. A new appeal is included for citations issued for mistreatment, where the animal has been impounded and the Animal Services Director has determined not to release the animal back to its owner under Section 4-43(c). Citations for other Ordinance violations are not appealable under this Ordinance, but may be appealed to the Finance Director through the debt setoff process. FINANCIAL IMPACT: There is no financial impact associated with the adoption of the proposed Unified Animal Control Ordinance amendments. SOCIAL JUSTICE IMPACTS: The following Orange County Social Justice Goals are applicable to this item: • GOAL: CREATE A SAFE COMMUNITY The reduction of risks from vehicle/traffic accidents, childhood and senior injuries, gang activity, substance abuse and domestic violence. • GOAL: ENABLE FULL CIVIC PARTICIPATION Ensure that Orange County residents are able to engage government through voting and volunteering by eliminating disparities in participation and barriers to participation. RECOMMENDATION(S): The Manager recommends that the Board adopt the proposed Unified Animal Control Ordinance amendments and approve and authorize the Chair to sign a Resolution of Amendment, "A Resolution Amending Chapter 4 of the Orange County Code of Ordinances."